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APRIL 12, 2011 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 RITA SWEET BELI,ITTO, At-Large GLENN R. DAMS, Rose Hall -District 3 WILLIAM R. DeS7EPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville -District / BARBARA M HEn'LEY, Princess Anne -District 7 JOHN H,'. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY -MARK D. ST/LES C/TY ASSF,SSOR JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REM/AS C/TY CLERK -RUTH HODGES FRASER, MMC I. CITY COUNCIL WORKSHOP -Conference Room - A. FY 2011-2012 MANAGEMENT RESOURCE PLAN 1. CONSTITUTIONAL OFFICER Tina Sinnen -Clerk, Circuit Court 2. SAFE COMMUNITY a. OVERVIEW Catheryn Whitesell, Director -Management Services b. EMERGENCY COMMUNICATIONS and CITIZEN SERVICES Athena Plummer, Director c. EMERGENCY MEDICAL SERVICES Bruce Edwards, Chief d. FIRE Steve Cover, Chief CITY COUNCIL AGENDA 12 Apri12011 CITY HALL BUILDING 2401 COURTHOUSE DRIY'6 VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757J 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com 1:30 PM e. POLICE James Cervera, Chief 3. QUALITY PHYSICAL ENVIRONMENT a. OVERVIEW Catheryn Whitesell, Director -Management Services b. PLANNING Jack Whitney, Director c. PUBLIC UTILITIES Tom Leahy, Director d. PUBLIC WORKS Jason Cosby, Director 4. CULTURAL and RECREATIONAL OPPORTUNITIES a. OVERVIEW Catheryn Whitesell, Director -Management Services b. OFFICE OF CULTURAL AFFAIRS Emily Spruill, Cultural Arts Coordinator c. MUSEUMS Lynn Clements, Director d. PARKS and RECREATION Cindy Curtis, Director II. CITY COUNCIL LIAISON REPORTS -Conference Room - 4:00 PM: 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 4:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach 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 2. SPECIAL SESSION G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 2933 West Gibbs Road J. ORDINANCES 1. Ordinances to AMEND the City Code: a. §35-138 re Meals Tax b. § 16-48 re sales prices of certain Workforce Housing Units March 22, 2011 March 29, 2011 c. § 18-56 re Clarification of permit requirements for hairdressing, tanning and nail salons 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Clayton and Myrtice Delaney at 2933 West Gibbs Road DISTRICT 7 - PRINCESS ANNE 3. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned rights-of- way by WEST NECK PROPERTIES, INC. to maintain two existing subdivision signs, brick walls, columns, landscaping and an irrigation system at West Neck Road, Kestrel Lane and Indian River Road at the entrance to Eagles Nest subdivision 4. Ordinance to AUTHORIZE the City Manager to EXECUTE and SUBMIT the 2011 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan to US Housing & Urban Development (HUD) 5. Ordinance to AUTHORIZE Amendment No. 9 to the Public Works Specifications and Standards Manual adopted by City Council on June 14, 1994 6. Ordinance to MODIFY a $5-Million interest-free loan to the Virginia Beach Rescue Squad to clarify the payment schedule 7. Ordinance to ACCEPT a donation from the Norfolk Police Department of automated license plate readers valued at $76,800 for the Virginia Beach Police Department 8. Ordinances to: a. TRANSFER $8,774 from "Instructions" to "Technology" within the FY 2010-2011 School Operating Budget b. APPROPRIATE $108,141 from the Department of Homeland Security to the Fire Department re various equipment to support Marine Team operations c. APPROPRIATE $50,000 from the Virginia Aquarium and Marine Science Center Foundation, Inc. for the remainder of FY2010-2011 to reimburse five positions for a research project K. PLANNING 1. Application of BAYBERRY RENTALS, LLC, for a Nonconforming Use to enlarge the existing duplex at 2301 Bayberry Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of DARSHAK PATEL (KAVERI, LLC) and MABEL BROOK for Modification of Conditions re size of the convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger terminal on-site at 971 Virginia Beach Boulevard (DISTRICT 6 - BEACH) RECOMMENDATION DEFER TO 5/10/11 3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger terminal at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH) RECOMMENDATION DEFER TO 5/10/11 4. Applications of 7-ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC at 2448 Nimmo Parkway re a retail center (deferred by City Council on March 22, 2011) (DISTRICT 7 -PRINCESS ANNE) a. Modification of Conditional Change of Zoning Proffers re the Wawa site b. Modification of a Conditional Use Permit re fuel sales with a convenience store RECOMMENDATION APPROVAL 5. Application of STAIN STUDIOS, LLC for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (deferred by City Council on March 22, 2011) (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 6. Application of BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE. INC. for a Conditional Use Permit re a religious use at 423 Davis Street (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 7. Application of CRAB POT SEAFOOD T/A WICKERS CRAB POT/RAY D. JR. and MICHELLE R. WICKER for a Conditional Use Permit re a home occupation at 3537 Byrn Brae Drive on the Elizabeth River (DISTRICT 2 -KEMPSVILLE) APPLICANT REQUESTS DEFERRAL TO 4/26/11 Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. (DISTRICT 7 -PRINCESS ANNE) APPLICANT REQUESTS WITHDRAWAL 9. Application of CITY OF VIRGINIA BEACH RESORT MANAGEMENT OFFICE for a Conditional Use Permit re a commercial parking lot at 319 18`h Street (DISTRICT 6 -BEACH.) RECOMMENDATION INDEFINITE DEFERRAL L. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HUMAN RIGHTS 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" Apri121 Public Hearing (Green Run High School) Apri126 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption I. CITY COUNCIL WORKSHOP -Conference Room - 1:30 PM A. FY 2011-2012 MANAGEMENT RESOURCE PLAN 1. CONSTITUTIONAL OFFICER Tina Sinnen -Clerk, Circuit Court 2. SAFE COMMUNITY a. OVERVIEW Catheryn Whitesell, Director -Management Services b. EMERGENCY COMMUNICATIONS and CITIZEN SERVICES Athena Plummer, Director c. EMERGENCY MEDICAL SERVICES Bruce Edwards, Chief d. FIRE Steve Cover, Chief e. POLICE James Cervera, Chief 3. QUALITY PHYSICAL ENVIRONMENT a. OVERVIEW Catheryn Whitesell, Director -Management Services b. PLANNING Jack Whitney, Director c. PUBLIC UTILITIES Tom Leahy, Director d. PUBLIC WORKS Jason Cosby, Director 4. CULTURAL and RECREATIONAL OPPORTUNITIES a. OVERVIEW Catheryn Whitesell, Director -Management Services b. OFFICE OF CULTURAL AFFAIRS Emily Spruill, Cultural Arts Coordinator c. MUSEUMS Lynn Clements, Director d. PARKS and RECREATION Cindy Curtis, Director II. CITY COUNCIL LIAISON REPORTS -Conference Room - 4:00 PM III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION ~ VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach 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 March 22, 2011 2. SPECIAL SESSION March 29, 2011 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 2933 West Gibbs Road '-~ ; NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearingwith respectto the execution and delivery of Installment Purchase Agreements for the acquisition of an agricultural land preservation easement with respect to land located on 2933 West Gibbs Road, in the City of Virginia Beach, Virginia, pursuantto Ordinance No.95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development Such easementwill be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $200,074. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the un limited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on April 12, 2011, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon March 27 & Aprfi 3, 2011 22345831 J. ORDINANCES 1. Ordinances to AMEND the City Code: a. §35-138 re Meals Tax b. § 16-48 re sales prices of certain Workforce Housing Units c. §18-56 re Clarification of permit requirements for hairdressing, tanning and nail salons 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Clayton and Myrtice Delaney at 2933 West Gibbs Road DISTRICT 7 - PRINCESS ANNE 3. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned rights-of- way by WEST NECK PROPERTIES, INC. to maintain two existing subdivision signs, brick walls, columns, landscaping and an irrigation system at West Neck Road, Kestrel Lane and Indian River Road at the entrance to Eagles Nest subdivision 4. Ordinance to AUTHORIZE the City Manager to EXECUTE and SUBMIT the 2011 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan to US Housing & Urban Development (HUD) Ordinance to AUTHORIZE Amendment No. 9 to the Public Works Specifications and Standards Manual adopted by City Council on June 14, 1994 6. Ordinance to MODIFY a $5-Million interest-free loan to the Virginia Beach Rescue Squad to clarify the payment schedule 7. Ordinance to ACCEPT a donation from the Norfolk Police Department of automated license plate readers valued at $76,800 for the Virginia Beach Police Department 8. Ordinances to: a. TRANSFER $8,774 from "Instructions" to "Technology" within the FY 2010-2011 School Operating Budget b. APPROPRIATE $108,141 from the Department of Homeland Security to the Fire Department re various equipment to support Marine Team operations c. APPROPRIATE $50,000 from the Virginia Aquarium and Marine Science Center Foundation, Inc. for the remainder of FY2010-2011 to reimburse five positions for a research project oS~w ~ "s'~ 7 ~~ =, ~s~ <~c:,`~~ ~~! `i'ti`.r' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 35-138 Pertaining to the Tax on Meals MEETING DATE: April 12, 2011 ^ Background: The City imposes a tax on meals served by restaurants in the City. The state code limits the application of the meals tax on factory-prepackaged items when served exclusively for off-premises consumption. ^ Considerations: The attached ordinance seeks to clarify the application of the meals tax to factory-prepackaged items served exclusively for off-premises consumption. The ordinance is in conformity with state law and the construction of the meals tax by the Commissioner of the Revenue. However, this clarification is desirable to avoid possible confusion by the tax-paying public. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Approval ^ Attachments: Ordinance Recommended Action: Approval ~~ s Submittin De artmentlA ency: Commissioner of R~venue g p 9 City Manager: , K- .c~~~~ 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 35-138 PERTAINING TO THE TAX ON MEALS 3 4 Section Amended: § 35-138 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That Section 35-138 of the City Code is hereby amended and reordained to read as 10 follows: 11 12 Chapter 35 Taxation 13 14 ARTICLE VI. TAX ON MEALS 15 16 Sec. 35-138. Exemptions; limits on application. 17 18 (a) The tax imposed under this article shall not be levied on candy, gum, nuts, and other 19 items of essentially the same nature served for on- or off-premises consumption. 20 21 (b) The tax imposed under this article shall not be levied on the following items when 22 served exclusively for off-premises consumption: 23 24 (1) Donuts, crackers, chips, cookies, and other factory-prepackaged items of 25 essentially the same nature. 26 27 .... 28 29 2. This ordinance is declaratory of existing law. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO CONTENT Co missio r Revenue APPROVED AS TO LEGAL SUFFICIENCY: Ci 's Office CA11832 R-1 March 15, 2011 ' ~du h1 ~'S f <~ s' C~~~,;;y„.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 16-48 of the City Code, Pertaining to Sales Prices of Certain Workforce Housing Units MEETING DATE: April 12, 2011 Background: Under Section 2106 of the City Zoning Ordinance, a developer of workforce housing units is allowed to increase the number of units in a project by 30% over the maximum number otherwise allowed, so long as at least 17% of the total number of units qualify as workforce housing under the CZO and Chapter 16 of the City Code. All workforce housing units, even those in excess of the minimum number, must be discounted by a minimum amount set forth in the table in City Code Section 16- 48(b). Considerations: The proposed amendment provides that workforce housing units in excess of the minimum number may be discounted by a lesser percentage than required by Section 16-48, so long as those units meet the basic requirements to be treated as workforce housing under Section 16-48(a). The current ordinance does not prevent a developer from offering units at a lesser discount than is required by Section 16-48(b), but any units that do not meet the required discount would not be incorporated into the city's workforce housing program. For that reason they would not be subject to the workforce housing program's controls on prices and resale, thus making the potential benefit of any such units very limited, and the likelihood of the developer doing it very low. Because of this, potential additional workforce housing units will be lost if the ordinance is not amended. The Workforce Housing Advisory Board recommended adoption of the proposed amendments at its January 24, 2011 meeting. Public Information: The ordinance will be advertised as a normal agenda item of the City Council. In addition, the January 24, 2011 Workforce Housing Advisory Board meeting was open to the public. Alternatives: The ordinance presented today represents the consensus of the WFHAB and city staff regarding the percentage of the WFH Discount applied to a WFH Unit voluntarily proffered above and beyond the requirements of the WFH Program. No other alternatives currently exist should a developer desire to voluntarily proffer additional WFH Units, but at a WFH Discount other than that required for the required WFH Units. Without this ordinance, the city would not be permitted to accept additional WFH Units voluntarily proffered with a WFH Discount other than the WFH Discount prescribed for the required WFH Units under the existing ordinance, and thereby would not be able to preserve the future affordability of these units under the Program. Sales Prices of Certain Workforce Housing Units Page2of2 Recommendations: Adoption of the ordinance. Attachment: Ordinance Recommended Action: Adoption of ordinanc f ,' ~ Submitting Department/Agency: Departure t using and Neighborhood Preservation ` Cit Mana er: ~`~ Y 9 1 2 3 4 5 6 7 8 9 0 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND SECTION 16-48 OF THE CITY CODE, PERTAINING TO SALES PRICES OF CERTAIN WORKFORCE HOUSING UNITS Section Amended: § 16-48 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 16-48 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 16-48. -Workforce housing discount. (a) All initial sales of workforce housing units shall be at a price that incorporates a workforce housing discount, as defined in section 16-44. The workforce housing discount shall be sufficient to bring the sales price of a workforce housing unit within a price range that is affordable to households with annual gross incomes between eighty (80) percent and one hundred twenty (120) percent of area median income, adjusted for household size The actual amount of the workforce housing discount applicable to a specific workforce housing unit shall be subject to the approval of the city council. (b) The baseline amount of the workforce housing discount shall be twenty- five (25) percent of the undiscounted sales price; provided, however, that if the undiscounted sales price of a workforce housing unit is affordable by a household with a gross annual income between eighty (80) percent and one hundred twenty (120) percent of area median income, adjusted for household size, the required workforce housing discount may be less than twenty-five (25) percent. The chart below illustrates the required discount applied to a WFH Unit given the affordability of an equivalent market rate unit: Affordability Range of Market Units (as a Percent of AMI) Required Workforce Housing Discount From To 0% 80% 1 81% 90% 5% 91% 100% 10% 101% 110% 20% 111% 120% 25% (c) Notwithstanding the provisions of subsection (b) workforce housing units in excess of the minimum number required under Section 2106 of the City Zoning Ordinance may be discounted at a lesser rate than provided in subsection (b) so long as such units are sold at a price meeting the requirements of subsection a . COMMENT The amendments allow workforce housing unit in excess of the minimum number required by the City Zoning Ordinance to be sold at discounts that are less than would otherwise be required under the table in subsection (b). Such units must, however, meet the requirements of subsection (a) in order to be considered as workforce housing under the City's program. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT ~; a ~ rr r i t ~~ De . of Hou a Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIENCY: r City Attorney's Office CA-11776 R-2 January 24, 2011 .rof~ z~, ~~~ ~s~ <~,._ .~ ~~v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 18-56 Pertaining to the Public Health Department Permitting of Certain Personal Service Businesses MEETING DATE: April 12, 2011 ^ Background: In 1996, the City Code was amended to allow the Public Health Department to inspect and permit hairdressing and tanning salons. Because the health risks associated with hairdressing are different than those for tanning salons, the Health Department requires a separate inspection and a separate permit for each activity. On December 14 of last year, the City Council adopted an ordinance that provided for the Health Department to inspect and permit nail salons. This ordinance was in response to complaints received by Public Health concerning the cleanliness and professionalism of nail salons in the City of Virginia Beach. Much like hairdressing and tanning salons, the inspection and permitting of nail salons requires a separate inspection by Public Health. ^ Considerations: The attached ordinance seeks to clarify the application of the permit requirement for hairdressing, tanning and nail care. Because each activity requires Public Health to undertake a separate inspection, a separate permit is required for each activity. The ordinance is in conformity with state law and the construction of the permit requirement by the Director of Public Health. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Approval ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Public Healt City Manager: ~ ~ ~, 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 18-56 PERTAINING TO THE 3 PUBLIC HEALTH DEPARTMENT 4 PERMITTING OF CERTAIN PERSONAL 5 SERVICE BUSINESSES 6 7 Section Amended: § 18-56 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 18-56 of the City Code is hereby amended and reordained to read 13 as follows: 14 15 Chapter 18 LICENSE CODE 16 .... 17 18 ARTICLE II. LICENSE TAX SCHEDULE 19 20 Sec. 18-56. Barbershops, beauty parlors, barber and beauty culture schools, 21 tanning salons, and nail salons. 22 23 .... 24 25 (e) No license for a barbershop, beauty parlor, hairdressing establishment, 26 tanning salon or nail salon shall be issued or renewed under this chapter unless and 27 until there is presented to the commissioner of the revenue a current permit from the 28 director of public health for the operation of such business. The permit required by this 29 section shall be issued on an annual basis upon payment of a fee in the amount of thirty 30 ($30.00) to the director of public health. For purposes of this permit requirement, 31 hairdressing tanning and nail care are separate activities and each activity shall 32 require a permit by the director of public health. The director of public health may 33 suspend or revoke such permit upon the failure of the establishment or salon to comply 34 with the Guidelines and Permitting Procedures adopted by the public health department. 35 If the director of public health refuses to issue such permit, suspends or revokes such 36 permit, he shall notify the applicant, in writing, of his reasons therefor and the applicant 37 may appeal such refusal to the city council within thirty (30) days from the date of such 38 notice. 39 40 .... 41 42 2. This ordinance is declaratory of existing law. COMMENT This amendment clarifies the requirement that a business providing more than one of the permitted activities requires a permit for each activity. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G~ ealth Department s Office APPROVED AS TO CONTENT: f .~ Commissione o e Revenue CA11831 R-2 March 23, 2011 ~au.~h soS^~ `'' t<<~; ~,. 4`` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $200,074 (Property of Clayton Delaney and Myrtice Delaney) MEETING DATE: April 12, 2011 ^ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City s interests, and other standard contingencies. ^ Considerations: The subject property consists of one (1) parcel of land having approximately 32.27 acres outside of marshland or swampland. It is owned by Clayton Delaney and Myrtice Delaney. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, none (0) of which will be reserved for future development as a 3 acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The parcel, which is shown on the attached Location Map, is located at 2933 West Gibbs Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $200,074. This price is the equivalent of approximately $6,200 per acre of easement acquired. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.230% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.230% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ^ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ^ Alternatives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ^ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney s Office); area map showing location of property. Recommended Action: Adoption Submitting DepartmentlAgency: Agriculture Department ,/~ 3 2'~~~ w City Manager: ~ .~~ 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $200,074 (PROPERTY OF CLAYTON DELANEY AND g MYRTICE DELANEY) 7 g WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $200,074; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.2300% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 6.2300% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 , 2011. \CA1169S8 Applications\CityLawProd\cycom32\Wpdocs\D018\P010\00010978.DOC R-1 DATE: March 22, 2011 APPROVED AS TO CONTENT Q~ ~- Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: ~tlt ~,~" V 4" V UI tf. ~~ City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2010-108 SUMMARY OF MATERIAL TERMS SELLER: DELANEY, Clayton and DELANEY, Myrtice PROPERTY LOCATION: 2933 West Gibbs Road, Princess Anne District PURCHASE PRICE: $200,074 EASEMENT AREA: 32.27 acres, more or less DEVELOPMENT POTENTIAL: 3single-family dwelling sites (3 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.2300% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.2300% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. Q ~ O U D.. ~ ~ ti ~ N ~ M D ~~ U ~ O ~ ~ (6 a.. O a -~ ~+' U z N 3 N Z Z0 ~ N J ~ Um Q °~ ~ O ~ J ~ J N ~ Q W W ~Z V ~~ ~?~ 'a - o ~ W W_ m Q ~ M ~~tnW? ~ ~ aWWZI-WN Q Q C N o ~a ~ Z~ ~~~~~QZ W Q o ~ J Z Z~ Z OwaONW t° N c c Q 2 (~ Q cn ~ ~ Q O Z~~Wo -Ych ~ NH1 0 UWW~~N W ~ ~ ~ Q ~ ~Z~~Z ON V~ Z >Qz o ~ '~^ N Na~ a ~U N Z _ ~ Z J ~ W , 4;` _--- - -~ "/\.~~~ N o~ a C d b d?J,~I~~N;J ~~ ~ ~ ('~~ ~ a ° 1 1 ) I ~ n~ U N ~o ~~ 0 0 0 0 N O Q a C W d J 0 N M O m m' a~ v .~ a~ r 0 ~ ~ a m c W_ m c W a T .fl a ca a~ a GNU ~~ ~. ~_; <<; -~ ~ ~ 4~y~w.;:.~.Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize existing Temporary Encroachments into a portion of the City's rights-of-way known as West Neck Road, Kestrel Lane and Indian River Road located adjacent to the subdivision of Eagles Nest, for West Neck Properties, Inc. MEETING DATE: April 12, 2011 ^ Background: West Neck Properties, Inc., a Virginia corporation has requested permission to maintain two existing subdivision identification signs, existing brick walls and columns, existing landscaping and an existing irrigation system within a portion of the City's rights-of-way known as West Neck Road, Kestrel Lane and Indian River Road and City property known as PARCEL "A" (GPIN 2403-01-5766) and PARCEL "G" (GPIN 2403-02-5648), located adjacent to the subdivision of Eagles Nest. All rights-of-way, PARCEL "A" and PARCEL "G" were dedicated, granted and conveyed, unto the City of Virginia Beach on March 30, 2006, by West Neck Properties, Inc. There are no similar encroachments located within this portion of West Neck Road, Kestrel Lane or Indian River Road. ^ 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, Plats, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/R state~t ~ ~~.~+ ~~" City Manager. ~ Imo- ~~'L 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 EXISTING TEMPORARY 5 ENCROACHMENTS INTO A PORTION 6 OF THE CITY'S RIGHTS-OF-WAY ~ KNOWN AS WEST NECK ROAD, $ KESTREL LANE AND INDIAN RIVER 9 ROAD LOCATED ADJACENT TO THE to SUBDIVISION OF EAGLES NEST, 11 FOR WEST NECK PROPERTIES, INC. 12 13 WHEREAS, West Neck Properties, Inc., a Virginia corporation, desires to 14 maintain two (2) existing subdivision identification signs, existing brick walls and 15 columns, existing landscaping and an existing irrigation system, all within portions of 16 City rights-of-way known as West Neck Road, Kestrel Lane and Indian River Road and 1~ City property known as PARCEL "A" (GPIN 2403-01-5766) and PARCEL "G" (GPIN 18 2403-02-5648), adjacent to the subdivision of Eagles Nest, in the City of Virginia Beach, 19 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 and property subject to such terms and conditions as Council may 24 prescribe. 25 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 2 s 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, West Neck Properties, Inc., 3 o its heirs, assigns and successors in title are authorized to maintain the existing 31 temporary encroachments for two (2) subdivision identification signs, brick walls and 32 columns, landscaping and an irrigation system, all within the City rights-of-way as 33 shown on the map marked Exhibit "A" and entitled: "WEST NECK ROAD AND INDIAN 34 RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH, VIRGINIA," a 35 copy of which is on file in the Department of Public Works. Said exhibit plat consists of 36 nine (9) sheets, copies of which are attached hereto as Exhibit "A" and to which 3 ~ reference is made for a more particular description; and 38 39 BE IT FURTHER ORDAINED, that the existing temporary encroachments are 4 o expressly subject to those terms, conditions and criteria contained in the Agreement 41 between the City of Virginia Beach and West Neck Properties, Inc., (the "Agreement"), 42 which is attached hereto and incorporated by reference; and 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 4 5 is hereby authorized to execute the Agreement; and 46 4~ BE IT FURTHER ORDAINED, that this Ordinan~;e shall not be in effect until such 4 s time as West Neck Properties, Inc. and the City Manager or his authorized designee 4 9 executes the Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 5 2 of , 2011. CA-11678 R-1 PREPARED: 3/25/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM T PUBLIC ORK EAL ESTA D~ A MEYER, ASSIS 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 22nd day of March, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WEST NECK PROPERTIES, INC., a Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "PARCEL A" and "PARCEL G" shown on that certain plat entitled: "SUBDIVISION OF EAGLES NEST (M.B. 6, P. 3) BEING THE PROPERTY ON "PLAT OF J. L. SIMMONS LAND IN WEST NECK" VIRGINIA BEACH, VIRGINIA FEBRUARY 9, 2006, prepared by WPL Landscape Architecture Land Surveying Civil Engineering," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20060907001360140; and being further designated, known, and described as 2444 Indian River Road and 3100 West Neck Road, Virginia Beach, Virginia 23456; WHEREAS, all rights-of-way and PARCEL "A" (GPIN 2403-01-5766) and PARCEL "G" (GPIN 2403-02-5648) shown on said plat were dedicated to the City of Virginia Beach on the 30th day of March, 2006; GPIN'S: (CITY RIGHT-OF-WAY - NO GPIN REQUIRED OR ASSIGNED) 2403-01-5766-0000; (2444 Indian River Road - PARCEL A) and 2403-02-5648-0000; (3100 West Neck Road -PARCEL G) WHEREAS, it is proposed by the Grantee to allow existing items (two (2) subdivision identification signs, brick walls and columns, landscaping and an irrigation system) to remain and be maintained upon City property (GPIN's 2403-01-5766 and 2403-02-5648) and rights-of-way known as West Neck Road, Kestrel Lane and Indian River Road, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as West Neck Road, Kestrel Lane and Indian River Road and City property known as PARCEL "A" and PARCEL "G", 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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: "WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH, VIRGINIA," said exhibit plat consists of nine (9) sheets, copies of which are attached hereto as Exhibit "A," dated: 11/01/10 revised: 02/18/11, Scale: 1" = 300', and to which reference is made for a more particular description. 2 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 City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and 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. 3 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. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 ($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 WEST NECK PROPERTIES, INC., a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by ROBERT D. ZIRPOLI, its President. Further, that the City of 5 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) 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) 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 Public Notary Registration Number: My Commission Expires: (SEAL) 7 WEST NECK PROPERTIES, INC., a Virginia corporation y (SEAL) Robert D. Zirp esdent STATE QF CITY F '~ to-wit:. Thefore on instrument was acknowledged before me this ,~~j~~ay of g g }~,~~, 2011, by Robert D. Zirpoli, as President of WEST NECK PROPERTIES INC., a Virginia corporation. \\\\~\~~u i iu ulllliiiii ~~~\ ~ GOMMONwF~9 ~~! /~~'~ :• REGIS ry 'y TRATION NO, '. 302956. ~M1'COMM. EXPIRESi •. 05/3112013. ~ L Notary RGgi~;~~~~ ~iimber: My Commission Expires: ~" ~ ~' ~~ ~3 Notary Public ~TNE REMA1Ni3ER t3F THIS PAGE WAS 1NTENTI~NALLY LEFT BLANK) APPROVED AS TO CONTENTS AT E ~ ~%~~ DEPARTMEN APPROVED AS TO LEGAL SUFFICIENCY AND FORM p N YER, IS NT CITY ATTORNEY 9 ~I 5 WIt.LIAM R. PRITCHARO ~-' ~ Lic. No. 2268 a o 9~d URV~~ ; _ _ ; , -,, _ .,- i~ i 0.~ ~~ ~'~~o 0 ~~ ~~ ~ ~~~ ~~ ~~o ~~~~ J o ~+ ~W •~~ ~~ J~~ ~- ~ `~ _. T NECK ROAD ~~ WES (t~AR/ABLE WIDTH R/GHT-OF-WAY) (INSTRUMENT NUMBER 20080907001360140) _ EXH 1 B 1T "A" date: 11/01/10 revised: 02/18/11 ~ proj. no. 204-0910 file: 204-0910_Exhibit.dwq tech: WJW sheet 1 of 9 project: ........ WEST NECK ROAD AND INDIAN RIVER ROAD _ _ _ A.T .S.UBDGVJSION.~~.__.. _ _ _ _. ____ .__ - : - - - EAGLES NEST ;hitects 757.431.1041 VIRGINIA BEACH, VIRGINIA s wplsite.com q ENCROACHMENT INTO scale: drowin title: Trail, Suite 8 1"-300' I WEST NECK ROAD AND INDIAN RIVER ROA[ VA 23452 J h ,~'~~r VIRGINIA Sf/T.ATE PLANE ;~ COORDINATE SYSTEM, SOUTH ;` ZONE, NAD 198,31'86 / i 1 PUMP S TA TIaN CITY OF I/lRG/N/A BEACH, UIRG/N/A fi (INSTRUMENT NUMBER 20060907001360140) S ~~'\ ~ / a~'~ o ~ ~' ° ~ Q o` ~ Q Q ~ Z Q W O p ~ EMERGENCY p o ~/,~Q'~ W ~ ~ ~ PUMP S O ~ ~3 O ~ ~ ~ OONNECTION o~ V 4. ~ ~ cep N 2" TREE (TYP) 04 ~o ~ N ~~o W W J ~ N ~ ~j ~Z~ W ~ ~~ \Z 4~• Z3 ~ W ~ Z • ~~ Z j ~ Z ~ ~~~ ~ ?.~ W ~, ~ ~~ •~ ~ j/~ A~ALT ~ • ~ I ~ ~.// PATH ~~ PARCEL G VAR WIDTH STRIP DED/CATID WRGINI~ BEAA'l PUBLIC • J PURPOSES INCLUDING OPEN-SPACE. LANOSCAP/NG aUFFER~ DRAINAQ~ ununE~ j TRAILS AND ROADWAYS (INSTRUMENT NUMBER 2006090700f360140) •~ Q ...~ 3. . ~ • ~v ;hitects 757.431.1041 s wplsite.com Trail, Suite 8 VA 23452 /.•Zi, /,~.~ J/~i /~~~i /// /%/ //~ • • • ~~ • • N/F FRANK S. FOUNTAIN & E. V FOUNTAIN 2403-14-3367 (D.B. 93, PG. 1848) ~~ PUMP STATION 58 SUBDIVISION OF EAt3LES NEST (INSTRUMENT NUMBER 20060907001360140 ~~ date: 11 /01 /10 revised: 02/18/11 proj. no. 204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 2 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH, VIRGINIA scale: drawing title: ENCROACHMENT INTO 1•- 40' (WEST NECK ROAD AND INDIAN RIVER O • O ~ ~ o ',~ ~"~ ~ p ~ O • ~ ~ a~ ~ QM ~ rn ~~ e~ Oooi ~ N • s~2 ~~ ~ ~ ~~Z ~~O ~~ ~ USN W ~ Soti ~ZW f~Z• v 3~ i ~~ z ~~ m I-. ~ ~~ QZ ~~~ i ~ ?. ~~ W z ~o ~~~ ~~ IN PARCEL 'D I ' VAR WIDTH STRIP DED/CATED TO THE dTY OF NRG/N/A BEAd~I FOR PUBLIC PURPOSES /NCLUDING QPEN-SPAA~ LAIYDSCAP/NG BUFFERS, OR,47NAC,~ Ul7UTIES,, ~ TJ4AILS AND ROADWA Y.^oa (INSTRUMENT NUMBER 2006090700136 140) i • i i • •~ HEADCIYP) • • • • PLANTIN ~ D 2' TREE (il'P) ~- ~' • • ~KLER-" ~ • DN VIIVC~ • ~ ' • • ~~~ ~ ~ ~~ ~~ ASPHALT PATH 57 56 SUED/VIS/ON OF EA L•iLES NEST (INSTRUMENT NUMBER 20Q60907001360140) 2" TREE (TYP) 55 date: 11 /01 /10 revised: 02/18/11' proj. no. 204-0810 file: 204-0910_Exhibit.dwg tech: WJW sheet 3 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD - - AT SUBDIVISION OF EAGLES NEST ~itects 757.431.1041 VIRGINIA BEACH, VIRGINIA s wplsite.com scale: drawing title: ENCROACHMENT INTO Trail, Suite 8 1~- 40' I WEST NECK ROAD AND INDIAN RIVER RC VA 23452 ~' ASPHALT PATH • ~ ~. ~ ~`3~ ~~ J~ ~~~ O ~ ~~~ ~ O ~W~ ~_ r. O ~N ~~ s~~ ~30 ~~z ~~ ~~ ~ OO V " ~O ~~ N ~~ W ~3j WZ ~~ r~r^~j (v, ~V ~ ~ ~ -~ W° . ~ , ~ ~ 2' TREE (NP) 56 ASPHALT PATH ' ' G PARCEL O ~ VAR HlD7H STR/P DID/GATED TO THE pTY OF O ^O W ~ /~~ ~ NRpN/A BEACH FOR PUBLIC PURPOSES /NCLUD/NG OPEN-SPAN LANDSCAPING p~ ~ p ~ b ~ ~ / ~~/ BUFFERS ORAINAG~ UT/Ul1ES, 7RAlLS AND ROADWAYS ~ . ~//.~ 20060907001360140) ~~ W~ Z ~ ~jj/. I ~ ~ ~~i ~ .~j i :.. W a - ~_ z "~ 8»w PLANTING BED COLUMN N PLANTING ~- BRi~ WALL- /" PLANTING PARCEL 'A' C/TY OF V1RG/NIA BEACH, NRG/N/A (OPEN SPACE) (DRAINAGE, UT1LT1iES, TRA/LS, ROADWAYS, de LANDSCAPE BL/FFERS) 2/0060907001360 40} iitects 757.431.1041 wplsite.com 'rail, Suite 8 VA 23452 BRK_W L _ -'-- BRK WALL, COLUMN --_______ & SUBDIVISION SIGN SUBD/NS/ON OF EAGLES NEST EAGLES NEST PLANTING BED (/NSTRUMENT NUMBER 2006090700136040) ATR) KES T/9EL CA - (50' R/GHT-Of-Wr4Y~ N0. 20060907001360140) BRK WALL, COLUMN- & SUBDIVISION /~% j// ~ ~. . / / /~ ~~/, ~ `~' %~ ~v' ~v' PLANTING BED ASPHALT PATH ~ j%/~ TREE (TYP) SUBD/VIS/ON OF EAGLES NEST (INSTRUMENT NUMBER 20060907001360140) date: 11 /01 /10 revised: 02/1$/11 ~ proj. no. 204-010 file: 204-0910_Exhibit.dwg tech: WJW sheet 4 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH, VIRGINIA scale: drawing title: ENCROACHMENT INTO 1•- 40' I WEST NECK ROAD AND INDIAN RIVER ASPH ., PAT j/ . / ., / ~ // ~ ~ ~ ~ ~ ~ ~ //~ ~ . 2' TREE (TYP) ~ ~a~i1 ~' ~ j i O ~ c • / j • ~ • /~ S'PRM~(LER h Q~ ~~ 0 tg N / PLANTING BED /~ ~ . ~~~ Z ~q ~ ~ / C~`~~2 ~0 S~ti Oo ~ W j • ~ • j j/ • y V ~? ~ \ ~ ~ N ~ ~ 4,i Z ~ SP VRI ~ ~ ~ SUBDIVISION Of' EAQLES NEST NSTRUMENT NUMBER ~~ ~ Q m ~ ~ • • • ~ • (I 20060907001350140) Z~ ~ J z ~ ~ ~ m ~''. _ ~ _ ~ j ~ ~~ ~ ~ ~ SPRMIKIFR ~ ~ • coKr~ v~ I ~ ~ PARCEL 'A' CITY OF V/RG/N/A • • • • ~ PLANTING BED BEACH, V/RG/N/A (OPEN SPACE) UT/L T)/ES RAINAGE ~ , , (D TRA/LS, ROADWAYS, /f & LANDSCAPE BUFFERS) STRUMENT NUMBER ~ • ~ • I • • I T (IN 20060907001360140 • • • ~ • • 5 ~, ~ -- date: 11/01/10 revised: 02/18/11 proj. no. QQ4-0~10 file: 204-0910_Exhibit.dwg tech: WJW sheet 5 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH VIRGINIA Landscape Architects 757.4 31.,04, , ~Qnd Surveyors wplsite.com iv~l Engineers scale: drawin title: g ENCROACHMENT INTO 242 Mustang Trail, Suite 8 Vrginia Beach, VA 23452 1'- 40' (WEST NECK ROAD AND INDIAN RIVER ROA z W ~' ~ ~ ~ ~~~ ~ o ~o ~~QN~M~a ~Op 00 ~ W ~o ~ '~ v ~Zo 1 J ~O ~ ~ ~~ N ~ ~ W ~~ ~ " W ~i ~ Z~ W Z ~ m~ Q~ ~~j ~~~ W ?. PARCEL 'A' CITY OF VfRG/N/A BEACH, VIRGINIA (OPEN SPACE) (DRAINAGE, UT/LTl/ES, TRAILS, ROADWAYS, do LANDSCAPE BUFFERS) (lNSTRUA4ENT NUMBER 20060907001360140) • ASPHALT ~ PATHS • • SPRMIIa.ER CONTROL VALVE PLANTING-' BED • SPR~IKLER H~f~) m ~' z • ~, _ ~~ Qs date: 11 /01 /10 revised: 02/18/11 prof. no. 204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 6 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH VIRGINIA Landscape rchitects 757.431.,04, , and Surveyors wplsite.com ivil Engineers scale: drawin title: 9 ENCROACHMENT INTO 242 Mustang Tray, Suite 8 Vrginia Beach, VA 23452 1•- 40' (WEST NECK ROAD AND INDIAN RIVER ROA ~ ~ TNIaFR ~ ~ • '~) ~ f"7, 5 PLANTING BED ~~ • ~ ~ 2" TREE (TYP) SUBDlV1S/ON OF EAGiLES NEST ~ Q M (INSTRUA+IENT NUMBER 2006090700f360140~ ~ a , Q4'HOLLY(TYP~~ j~.`~, ~v' ~ ``aa~~'' ~a°~Q ~~ ~ ~ ~ ~ ~ • ~ STA~.~ ~ SOUTN yR~iN TE SYS 83 '8 CoO~pINE, NAp 19,~~ ZpN 0 o Q ~~ ,~ o ~~ ~~ W p O O ~ ~o ~~ ~ N _ o, ~ ~o ~ W Wow ~j ~~ • Wm ~'` m0 qZ . J Z,~ zz '~ j ., ~. ~~~ ~ ~ ~~ PARCEL 'A' CITY OF 1//RG/NIA BEACH, VIRG/N/A (OPEN SPACE) (DRA/NAGS, UT/L TINES, TRAILS, ROADWAYS, Bc LANDSCAPE BUFFERS) (/NSTRUMENT NUMBER 20060907001360f40) • • CONTROLV ~ PLAtJ~ • • • PLA ~ i ~ ~ CONTROL • • • • ~ - SPRiNKLQt, ~ CONTROL VJILVE PLANTING BED tER Fob date: 11 /01 /10 revised: 02/18/11 proj. no. 204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 7 of 9 project: WEST NECK ROAD AID INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH, VIRGINIA Lan scope Architects ,57.431.,041 Land Surveyors wplsite.com Civil Engineers scale: drawin title: g ENCROACHMENT INTO 242 Mustang Trail, Suite 8 1'- 40' (WEST NECK ROAD AND INDIAN RIVER ROA Vr inia Beach, VA 23452 i~ srA~ P-~` 5°Ut~ VIROIN~tE SyStES3/~g6 goo iolN ~ ~~~ '~C ~~ o 30 ~~ 00 ~ E ~.. ~ h- O O ~O ~O ~ ~ W 4N 3W ~ N ~ ~~ ~ m ~Qz ~~ Z ~W W ~ ~j ~~ ~ Zj Q~Z Z~ C Z ~~ PARCEL 'A' C/TY OF VIRG/N/A BEACH, IRRG/N/A (OPEN SPACE) (DRA/NAGS, UT1LTl/ES, TRA/LS, ROADWAYS, do LANDSCAPE BUFFERS) (INSTRUMENT N(JMBER 20060907001360140) • • • PLANTING BED c • • • 7 SUBD/V1S/ON OF EAGLES /VEST (INSTRUMENT NUMBER 20060907001360140) 8 ~D date: 11 /01 /10 revised: 02/18/11 proj. no. 204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet $ of 9 ~ t"1 2' (TYP~ • ~ ~ ~ ~ ~ • ~ ~~~ •~ ~ ~ ~ `v' ~~ ~~ . ~. ~~ ~ ~ ' ~ ~~ • ~v' ~~ • • • ~~ ASPHALT ~ PATH 2" TREE COMROL 11LVES ~ ~ • • • "~ {~~ ~~ • • • • $ ~, project: WEST NECK ROAD AND ~IDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST Landscape Architects 757.431.1041 VIRGINIA BEACH, VIRGINIA Land Surveyors wplsite.com scale: drawin title: Ciwl Engineers 9 ENCROACHMENT INTO 242 Mustang Trail, Suite 8 1•- 40' (WEST NECK ROAD AND INDIAN RIVER RO Vir inia Beach, VA 23452 ~ i ------ PARG~L A EX ~ GS ~P TROY PATRICK INLKERSON ~ RI~B/N lNLKERSOW (?403-11-3393) SUB EAQL /V1S/ON OF RP ES NEST (M~ s9, PG e) (INSTRU MENT NUMBER (D.B. 3695, PG 839) 200609 070013&0140) ~~ ~O 2' TREE (TYP) • . • [`~ ~ ~ ~ PARCEL 'A' CITY OF VIRGINIA G ~ ~.1 ~ CE) (OPEN SPA ~• ~ ~ ^ ~``~'~ ~ • ~ • (DRA/NAGS, UTILTIJE~ TRAILSy ROADWAYS, 8c LANDSCAPE BUFFERS) TRUMENT NUMBER ,~ ,i (INS 20060907001360140) • • • • • CONtROL VN.VES n • • ~ • • 05 1y ~ 70 Zq Z ~ m ~~ • • • EGRESS EASEMENT • ' ~ ~ ~ ~~~ ~- G / NO INGRESS 1 (INSTRUMENT NUMBER 20060907001360 140) N ~ ~* -a am' • • c ,,; ~ ~z `t' rn° c INDIAN RIVER RDAD ~ (30' & VAR/ABLE W/0TH RIGHT-OF-WAY (INSTRUMENT NUMBER 20060907001360140) date: 11 /01 /10 revised: 02/1$/11' proj. no. 204'0810 file: 204-0910_Exhibit.dwg tech: WJW sheet 9 of 9 project; WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST pe Architects 757.431.104, VIRGINIA BEACH, VIRGINIA rveyors wplsite.com scale: drawin title: lineers 9 ENCROACHMENT INTO Stang Trail, Suite 8 ~•- 40' I WEST NECK ROAD AND INDIAN RIVER R( Beach, VA 23452 n y ~ 15~ 7 r ":i'1R YP wy .~~ ..~ f ij1i M ~ ~ Y p ~~C~ ,~~y~~~ .. . ~.y_ ?'` '. r ~''~., t .._.. ~ ~. ,~_ ~~:.. -.. 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Via, ~,,,~; __Y ~:1-" t Y' ~ _ -~_;. 1- i;C""~~.' .sr Luxury Homes a~.~, Starling in the ~ ' High $400 s ~- _ yy ~~{ ' ~.lti°s5..~ ,~z~-x ~ ~ 3 ~u•yirw~.+ ~'yi,` ° MZ`.v ~ „`~,,, '~. ~-~"`~~' ~~ `~HrS.~v r r Y' *x~~~~+±M'is-~~a tY~\'~,_ ~ i~r~~~~r~~ t~ ~~ ~y~ ~P'~,~,' '01~~.. ~,~4t"d~ ~ ~.y,. w.. -'L. 3.rr ~`" , c S.f r.'_" „` ~i7.y ~ v ,~ =t, os ~"fA°~~;ty', ~~ .~ ~s `4 '~~' i~;~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2011 Housing Choice Voucher Annual Agency Plan and a Revised Administrative Plan, and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 12, 2011 ^ Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit (1) an annual agency plan for each fiscal year in which federal funding is received for its HCV program; and (2) an administrative plan. ^ Considerations: The purpose of the annual agency plan is to update HUD on DHNP's progress in achieving the goals set forth in the five-year agency plan. The annual agency plan describes the organization of the HCV program, and details the strategies employed in satisfying affordable rental housing needs in the City. The annual agency plan consists of a mission statement, long term goals, and a series of strategies to accomplish those goals. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. The administrative plan details the policies and procedures that govern the day to day operation of the HCV program. The previously approved administrative plan has undergone revision, and is included for approval in this ordinance request. The annual agency plan incorporates the provisions of the revised administrative plan, and also provides additional plan elements and certifications that are required by HUD annually. The approved plans must be electronically submitted to HUD no later than April 15, 2011. A copy of the full annual agency plan and the administrative plan is available in the Clerk's Office. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Ordinance, Executive Summary Recommended Action: Adopt Ordinance Submitting Department/Agency: Housing ` borhood Preservation City Manager: ~/ ,~` 1 AN ORDINANCE TO ADOPT THE 2011 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN AND A REVISED 3 ADMINISTRATIVE PLAN, AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE AND SUBMIT THE PLANS TO 5 THE U.S. DEPARTMENT OF HOUSING AND URBAN 6 DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV 10 program"), formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) a five-year plan; (2) an 14 annual agency plan for each fiscal year in which DHNP receives federal funding for its 15 HCV program; and (3) a revised administrative plan, as applicable; and 16 17 WHEREAS, DHNP submitted afive-year plan to HUD in 2010 detailing DHNP's 18 mission and long range goals and objectives for achieving its mission over the 19 subsequent five years; and 20 21 WHEREAS, DHNP is required to annually file an agency plan to update HUD on 22 DHNP's progress in achieving the goals stated in the five-year plan; and 23 24 WHEREAS, DHNP is also required to file an administrative plan describing the 25 operational procedures of the HCV program at DHNP; and 26 27 WHEREAS, as required by HUD, DHNP has prepared an annual agency plan 28 and a revised administrative plan; and 29 30 WHEREAS, DHNP is required by HUD to include a certification in the annual 31 agency plan demonstrating DHNP's compliance with applicable laws, and HUD rules 32 and regulations, in order to continue to operate the HCV program; and 33 34 WHEREAS, executive summaries of the annual agency plan and the 35 administrative plan are attached hereto, and a copy of each plan is on file with the City 36 Clerk. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 DHNP's annual agency plan and revised administrative plan for the Housing 42 Choice Voucher Program are hereby ratified and adopted, and the City Manager is 43 hereby authorized and directed to execute and submit the annual agency plan and the 44 revised administrative plan to the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: 1 partm c sing & CA11843 R-1 March 31, 2011 Neighborh od Preservation APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~ ~_. City Attorney's Office Executive Summary 2011 Housing Choice Voucher Plans -Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April, 2011 Federally-Required Plans for the Housing Choice Voucher Program The Department of Housing & Neighborhood Preservation (DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 1,900 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must create and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term This plan was developed Agency Plan guidance for the program and adopted by Council in 2010. Annual Agency Describes the agency's Developed by staff and Plan plan for the current year, proposed for adoption by consistent with the five Council with this ear Ian ordinance Administrative Describes in detail how Amendments have been Plan the HCV program will developed by staff and operate are proposed for adoption by Council with this ordinance Additional Detail on Plan Contents Five Year Agency Plan: This plan provides the long-term direction for the agency in operating the HCV program. No changes to this plan are proposed at this time. Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: - Eligibility, selection and admissions policies, including de-concentration and wait list procedures - Financial resources - Rent determination procedures - Operations and management - Grievance procedures - Self-sufficiency programs (FSS) Executive Summary 2011 Housing Choice Voucher Plans -Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April, 2011 - Civil rights certifications - Fiscal year audit - Housing needs for the area - Strategy for meeting housing needs - Progress in meeting mission and goals - Any significant amendment and substantial deviations or modifications - Any plan elements that have been revised since the last Annual Plan certification - A listing of the locations where key elements of the Plan can be found On March 22, 2011 the Plan was reviewed with our Resident Advisory Board. That board is composed of representatives from our Virginia Beach Housing Choice Voucher holders. Their comments will be attached to the final HUD submittal along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 15, 2011 which is the required 75 days before the beginning of our Federal Fiscal Year of July 1, 2011. Administrative Plan: Staff have developed the 2011 revisions to the plan. Primary differences between the 2010 approved plan and the revision are as follows: • Numerous format, grammatical and organizational corrections. • Change of policy to allow for a consolidation of homeless single room occupancy waiting lists. • Revisions to ensure the plan reflects actual day to day operations of VBDHNP's Rental Housing Division • Insertion of required policy descriptions for a new program: Project Based Veterans Administration Supportive Housing (VASH) Vouchers. • Changes in our Housing Quality Standards Inspections policy to allow for two rescheduled inspections appointments to accommodate family emergencies. • Added Welfare Fraud as a violation to our reasons for termination procedures • More detailed explanation of how Fraud issues are reported to and handled by VBDHNP • DHNP will accept application from SRO Mod. Rehab participants to the HCV waiting list (when open) after one years of residency in SRO unit. 2 Executive Summary 2011 Housing Choice Voucher Plans -Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April, 2011 More details on verification procedures Because of the extent of these revisions, Council approval is required. Once approved, the revised plan will be advertised and made available to the public and, in particular, to current Section 8 voucher holders. 3 ' Nu ~~ xx0 7~ ~;,~. _ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Public Works Specifications and Standards Manual, Amendment No. 9 MEETING DATE: April 12, 2011 ^ Background: The Public Works Specifications and Standards Manual was adopted by City Council on June 14, 1994 with the provision that all amendments shall be forwarded to City Council for adoption. ^ Considerations: Amendment No. 9 includes a compilation of proposed revisions to various chapters of the Public Works Specification and Standards Manual. A summary of these revisions is attached. The amendment has been compiled and reviewed by city staff, the consultant community and endorsed by the Tidewater Builders Association (TBA). ^ Alternatives: Not adopt the revisions to the Public Works Specifications and Standards Manual. Manual will not incorporate current best engineering practices as referenced in local, state, and federal guidelines and current Planning/Development Services Center development guidelines. ^ Recommendations: Public Works recommends adoption of Amendment No. 9. ^ Attachments: Resolution to adopt Amendment No. 9 to the Public Works Specifications and Standards Manual; Summary of Revisions to the Public Works Specifications and Standards Manual Amendment No. 9 (December 2010); Letter of endorsement from the Tidewater Builders Association (exceptions noted by TBA have been incorporated into the proposed revisions). Recommended Action: Approve resolution adopting Amendment No. 9 to Public Works Specifications and Standards Manual Submitting Department/Agency: Public Works gineering G/1~ril ~: ~'rJ _~ City Manager: ~ b~~ 1 A RESOLUTION TO ADOPT AMENDMENT NO. 9 TO THE 2 PUBLIC WORKS SPECIFICATIONS AND STANDARDS 3 MANUAL 4 5 WHEREAS, by resolution adopted June 14, 1994, the City Council adopted and 6 promulgated the Specification and Standards Manual ("the Manual") developed by the 7 Department of Public Works; and 8 9 WHEREAS, pursuant to Section 1.3 of the Manual, all amendments to the 10 Manual shall be adopted by City Council, and eight (8) previous amendments have 11 been so adopted; and 12 13 WHEREAS, over the past year, the Department of Public Works has written 14 revisions, and updates to all existing engineering materials, details and technical 15 requirements relating to the Manual and have compiled such revisions as Amendment 16 No. 9. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the Specifications and Standards Manual of the Department of Public Works 22 be, and hereby is amended by the adoption of Amendment No. 9, which has been 23 exhibited to City Council. 24 25 COMMENT 26 27 The resolution adopts the 9'h amendment of the Specifications and Standards Manual of 28 Public Works. Public Works yearly brings any revisions or updates that occur over the course of 29 each year to City Council for adoption. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this 32 day of , 2011. APPROVED AS TO CONTENT /,-- , r y D artment of Public Wor s APPROVED AS TO LEGAL SUFFICIENCY: Cit ttor ffice CA11765 R-1 December 29, 2010 Summary of Revisions to the Public Works Specifications and Standards Manual Amendment #9 (December, 2010) GENERAL 1. All references to the Virginia Department of Tran~ortation (VDOT) Road and Bridge ~ecifications (1994) and the referenced section numbers have been updated to The Virginia Department of Transportation Road and Bridge Specifications (2007) with the appropriate section numbers. 2. All references to the Virginia Department of Transportation Road and Bridge Standards (1993) drawings have been updated to the appropriate Virginia Department of Transportation Road and Bridge Standards (2008). CHAPTER 1 1. Deleted section indicating the Manual amendments will be distributed to all consultants via City/Consultant Meeting Minutes. The manual and amendments are available only on the Public Works Department website at www.vbgov.com. 2. Revised section under PW/Engineering/Survey Bureau to state that the Survey Bureau DOES review the preliminary plat submittal. CHAPTER 2 1. Changed allowable color for Street Name Sign blades (background) from yellow to white for private streets. 2. Added Section 2.2.8 -All non-concrete storm sewer pipes used with any public sewer system will be connected to drainage structures (Precast or Cast in Place) with a flexible soil tight and leak resistant connection as recommended by the pipe manufacturer. Details and/or specifications must be provided on the plans showing the method of pipe to structure connection. CHAPTER 3 1. The section "Subdivision Intersection Minimum Corner Radii" has been replaced with a table for clarity. 2. The section "Construction in the Beach Area" has been revised to provide more specific dates and location limits. 3. The section "Residential Entrances for Duplex and Single Family Developments" has been revised to provide more specific requirements for geometrics, materials, width and location. Includes residential entrance requirements for the North Beach area from Chapter 18 for clarity. 4. Under the section regarding "Visibility Triangle" under "Sight Distance", the distance 12 feet has been changed to 14 feet. 5. The section "As-Built Drawings" has been revised to provide clarity and more specific requirements. An "As-Built Drawings" Checklist has been added at the end of the chapter. CHAPTER 5 1. Added "Federal Highway Administration (FHWA) Superpave System" as allowable flexible pavement. CHAPTER 6 1. Changed "Curb Ramps" section to state that all curb ramps must be designed in accordance with the latest Americans with Disabilities Act (ADA) guidelines and latest VDOT detail. CHAPTER 7 1. Minor editorial changes have been made throughout chapter. CHAPTER 8 1. Adding statement that the latest copy of the Planning Department's Storm Water Management Facilities (SWMF) Maintenance Agreement can now be found on the Planning Department's website at www.vb~ov.com. 2. Modified the requirement for outfall structures restricting flow to incorporate "washed" #57 aggregate. 3. The section "Bonds for Storm Water Management Facilities" has been re-worded for clarity. 4. General requirements for use of a "hydrodynamic" or "filtering" type SWMF were added. 5. Modified section entitled "Development Adjacent to the City of Norfolk" to state that the SWMF design shall minimize the number of outfalls into lake and SWMF shall be located a minimum of 100' from lake, where 100 foot buffers exist. 6. Under "Water Quality", added statement that says Public SWMF's shall not be "marsh" type or infiltration type facilities. CHAPTER 9 1. Deleted section entitled "Planning (DSC) Permits and Permit Performance Bonds", which details requirements for the permittee. This is covered in other chapters. CHAPTER 10 1. Changed the Horizontal Control reference to Highway Accuracy Reference Network (HARN) and the Vertical Control reference to North American Vertical Datum (NAND) 1988, throughout. 2. Replaced the encroachment process in its entirety with an updated process. 3. Statement added to note that the latest "Declaration of Easement" form can be found on the Planning Department's website at www.vbgov.com. 4. Modified language to state that when any instrument, such as a recordable agreement, deed of dedication, etc., is required with a site plan or construction plan, the plan(s) will not be released until the instrument is actually recorded in the Office of the Clerk of Circuit Court. 5. Statement added to note that the latest SWMF Maintenance Agreement can be found on the Planning Department's website at www.vb~ov.com. CHAPTER 11 1. Deleted section entitled "Right-of--Way Dedication Requirement -Preliminary Subdivisions". 2. "Subdivision Performance Bonds" has been rewritten to include the coverage of off-site improvements. 3. "Site Plan Performance Surety" has been updated to include the requirement of aright- of-way permit. A listing of typical improvements and the requirements for the release of the Performance Surety have been included. 4. Under "Site Plans", revised requirement for sites with drive-up windows to require a stacking lane with adequate on-site queing that does not block "required" parking. 5. Under the Land Management section, added a statement that structures must be located 20' from drainage easements, unless otherwise approved. 6. Modified the section "Site Plan and Subdivision Streetlighting" to incorporate a new procedure for subdivision streetlighting approval. CHAPTER 12 1. Deleted section entitled "Bulkhead and Boardwalk for Oceanfront". CHAPTER 13 1. Revised several definitions related to the CBPA (Chesapeake Bay Preservation Area Ordinance) to match the City Code. CHAPTER 14 1. Defined the professional requirements for Southern Watershed plan preparation. "Certification of Design" has been updated to define who may perform the work. CHAPTER 15 1. Revised section entitled "Erosion and Sediment Control Bond" to define types of acceptable sureties. CHAPTER 16 1. Under section entitled "Pedestrian Signal Display Selection", revised the VDOT standard for pedestrian signals from SP-4 to SP-8. 2. Added requirements for "Video Imaging Vehicle Detection". CHAPTER 17 1. Miscellaneous wording revisions throughout to clarify the criteria and processes for Roadway Lighting with the City. APPENDIX A 1. Revised Detail A-24 to remove Landscaped Island. 2. Minor corrections to drawings A-34 and A-35, "Typical Sections for Four-Lane Parkway in Transition Area." APPENDIX B 1. Added Detail B-33A for "Acceptable Slope Alternative for Large Lakes, Ponds and Canals without benching". 2. Revised Details B-38, B-44 and B-45 to require distance from structure foundation to be 3' minimum. 3. Deleted Detail B-46. 4. Revised Detail B-46A to require distance from structure foundation to be 3' minimum. Revised note to indicate bed must be planted with a mixture of native ground covers and perennials. APPENDIX C 1. Revised CG-12 Requirements, Detail, C-7 to match VDOT requirements. 2. Added Residential Concrete Paver Detail, C-16. 3. Added North Beach Residential Driveway Apron Detail, C-21. APPENDIX D 1. Revised Commercial Entrances Detail, D-3, to show width at 30' min., and distance from property line to aisleway or parking space to be 30'. 2. Minor correction to Details D-4 and D-5. 3. Changed dimension on Detail D-7 from 12' to 14', relative to line of sight. 4. Minor correction to Detail D-16. 5. Changed lettering color on Detail D-32. 6. Minor corrections on Detail D-33. 7. Minor corrections to Detail D-43. 8. Added Fillet of Material Detail, D-58. 9. Deleted Traffic Control Details, D-58 through D-61 a. 10. Added Details D52A and D52B, Pedestrian Pushbutton Sign Layout 11. Minor wording revision to D-53 and D-55. APPENDIX E 1. Updated General Notes for Subdivisions and Site Development. 2. Miscellaneous revisions to checklists. APPENDIX F 1. Revised wording regarding SWMF inspection criteria to indicate that the Virginia Department of Conservation and Recreation (DCR) provides guidance on how to design and maintain SWMF's to comply with the Virginia Stormwater regulations. 2. Revised wording regarding SWMF maintenance inspections to indicate that maintenance inspections shall be performed in accordance with the City's Virginia Pollutant Discharge Elimination System (VPDES) permit. APPENDIX I 1. Developed a new Appendix I, which provides specific requirements for preparing plats, including a Plat Checklist. William H. Halprin PresuJent S. L Cohen Vce president Scott M. Gandy Assocate vice president Steven E Lawson Treasurer Dennis M. Grai secretary Channing A. Pfeiffer Chief executive officer Butler Directors Richard L Bovrie Scott L Crumley Christopher J. Eltel Lucky C. Peterson Stephen B. Duicfc lV Eric J. Sasser Douglas C. smith Erin widener speckhart Associate D'~rectors Kelly M. Beck Robert M. Boyd J. Gregory Dodd Thomas W. Dye Joseph W. Kesterson fioberl L Nichdson Brenda K. Reid Edward 0. Yoder Directors Emeriti Edward P &ogan William J. Fanney f~chard D. Guy Doyle E. Hun Frederick J. Napolitano Sr. Richard E. Oliweri Jotn H. Peterson Jr. Julian Rashkind Stanley waranch Howard M. Weisberg Wendel A. White NAHB Pall Presidents Frederick J. Napoitano Sr. Staley Waraneh NAHB Ufe Directors Edward P Brogan Lawrence J. Gokirich Hobert a Lawson Jr. Stephen J. tvlagula Jr. Frederick J. NapoCriano Sr. Frederick J. Napditano II Vincent A tJapotitano Michael D. Newsome Julian Rashkind Michael P. Rashkind Stanley Waranch Howard M. Weisberg Wendell A, White HBAV Past Presidems Jeffrey W. Ainslie Lee A Gi(fad {deceased) David A. Howard {deceasedf Frederick J. Napoitano Sr. Vutcent A. Napoltano Theodore S. Schlossman Douglas W. Talbot Stanley WaranCh January 3, 2011 Mr. Brad Hobbs Ms. Laurie Murphy Department of Public Works, Engineering Division City of Virginia Beach 2405 Courthouse Drive, Building 2 Virginia Beach, Virginia RE: Public Works Specifications and Standards Manual Dear Mr. Hobbs and Ms. Murphy; r ~'"" ~1~~ ~~ ~;. Tidewate~~ builders ~ssaciatiou Thank you for soliciting our input on the proposed update to the Specifications and Standards Manual. After reviewing our initial comments with you, we support moving forward with the update with the following exceptions as discussed today: • Eliminate the use of exposed aggregate in CG-12 Curb Ramps, Section 6.3.5 e} 5) (b). • Eliminate changes in Section 8.13 a) regarding separation of ponds from building foundations. • Reword' Section 9.17.I to clarify the intent with respect to buffers under city control. • Reword Section 8.18 to emphasize public maintained facilities. Again, we appreciate the opportunity to provide input and look forward to working with you on future updates. Respectfully, Claudia K. Cotton Staff Vice President Ce: John Ainslie, Lucky Peterson, Virginia Beach Municipal Affairs Committee 2117 Smith Avenue, Chesapeake, VA 23320-2515 • Phone: {757) 420-2434 • Fax: {757) 424-5954 • uvww.tbaonline.org Affiliated uvith the Home Builders Association of Virginia and the National Assocation of Home Builders toeu,. - . -, .~r~ ~~ z !-: ~aj ~~ .: ,~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Modify the $5,000,000 Interest-free Loan to the Virginia Beach Rescue Squad MEETING DATE: April 12, 2011 ^ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through squad fund drives, conducted annually. In September 2007, the City Council approved a $5 million interest-free loan ("Loan") to the Virginia Beach Rescue Squad, Inc. ("Rescue Squad") for the design and construction of a new building. Council modified this Loan in December of 2010. The Rescue Squad has maintained a positive working relationship with the City, and the goal of this item is to clarify two points in regard to the Loan in the attached Loan Amendment ("Amendment Two"). First, while the Loan was approved in September of 2007, the proceeds were not distributed to the Rescue Squad until the subsequent January 28th. The Rescue Squad has consistently paid the City on the anniversary date of disbursal. Amendment Two changes the payment date to the anniversary dates of disbursal. Second, the intent of the 2010 modification was to reduce the third payment to allow the Rescue Squad to purchase an ambulance in December 2010. Amendment Two provides the clarification that this reduced payment was intended to be the January 2011 payment. ^ Considerations: The requested modification of the Loan between the City and the Rescue Squad does not change the amount of the loan. Rather, the modification clarifies the payment schedule. As set forth in Amendment Two, the Loan will be repaid in full January 28, 2019. ^ Public Information: Information will be provided by the regular Council agenda notification process. ^ Recommendations: Approval ^ Attachments: Ordinance; Amendment Two to the Promissory Note Recommended Action: Approval Submitting DepartmentlA ency: Finance and EMS City Manager 1 AN ORDINANCE 2 INTEREST-FREE 3 RESCUE SQUAD 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TO MODIFY THE $5,000,000 LOAN TO THE VIRGINIA BEACH WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and construction of a new building; and WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated September 5, 2007, in the amount of $5,000,000; and WHEREAS, the Rescue Squad and the City amended the Note in December 2010 to provide a change in the repayment schedule; WHEREAS, the Rescue Squad and the City desire to clarify the payment schedule further in regard to the payment dates. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 21 That, subsequent to execution of same by the Rescue Squad, the City Manager or 22 his designee is authorized and directed to execute an amendment to the Note to change the 23 payment dates from September to January as set forth in the attached Exhibit, titled 24 "Amendment Two to the Promissory Note." Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO CONTENT mergency Medical Services APPROVED AS TO CONTENT 4 ., 4~ / 1 ~ ~ l ll~ Management Services / APPROVED AS TO CONTENT Finance Department APPROVED AS TO LEGAL SUFFICIENCY Att ey s Office CA11830 R-1 March 16, 2011 AMENDMENT TWO TO PROMISSORY NOTE BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH RESCUE SQUAD, INC. Whereas, the City of Virginia Beach received a promissory note ("Note") from the Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to modify the Note as provided herein; NOW, THEREFORE, the Note is hereby modified as follows: 1. Payment on principal shall amended to provide: On or before ~~er-5 January 28, 20059 - $500,000 On or before ~t~te~e~-S JanuarY28, 2095310 - $500,000 On or before ~~er-S Januar~28, 20~-911 - $~99;A99250,000 On or before ~~er-S January 2g, 2012 - $~A;999500,000 On or before ~e~5 Januar~28, 20413 - $500,000 On or before ~be~ Januar~28, 2045.14 - $500,000 On or before ~~~ January 2g, 20-14-15 - $500,000 On or before ~epe~-~ JanuarY28, 20-1-16 - $500,000 On or before ~epte~er-~ January 28, 20-~b17 - $500,000 On or before ~epte~e~-S January 28, 2018 - $500,000 On or before ~e~-S January 28, 204519 - $250,000 2. The "Maturity Date" shall be Januar~28, 2019~b°~' `~ "'~~. 3. All other terms and conditions of the Note shall remain as provided in the Note. WITNESS the following signature. VIRGINIA BEACH RESCUE SQUAD, INC. Title: Date: CITY OF VIRGINIA BEACH, VIRGINIA City Manager or designee Date: APPROVED AS TO CONTENT: Title: Date: APPROVED AS TO LEGAL SUFFICIENCY: Title: Date: \N~' aE1C i~ F~ z <~sQ :~ _ rro.i i" u _~NN~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation of Automated License Plate Readers MEETING DATE: April 12, 2011 ^ Background: The Norfolk Police Department has purchased equipment on behalf of Hampton Roads jurisdictions and organizations under the Hampton Roads Urban Areas Security Initiative Grant, from the United States Department of Homeland Security. The Virginia Beach Police Department will be provided four automated license plate reader units to be installed in four police vehicles. Once installed, this equipment will provide an efficient means to identify wanted and stolen vehicles. This equipment is valued at $76,800. ^ Considerations: The Police Department will continue to work with Communication and Information Technology in implementing this technology. These four units will be in addition to three units previously awarded through a 2009 State Homeland Security grant. The Police Department will provide funding for implementation costs beyond the value of the donated equipment as well as ongoing service and maintenance costs. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: It is recommended that City Council accept the donation. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/AgencyS: P-olice Department City Manager: ~ ~.. O~~ 1 2 AN ORDINANCE TO ACCEPT A DONATION OF AUTOMATED LICENSE PLATE READERS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That four automated license plate reader units, with an estimated value of $76,800, 6 are hereby accepted from the City of Norfolk Police Department and provided to the Police 7 Department for use in protecting the public. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPROVED AS TO CONTENT ~ l.iC . Management Services APPROVED AS TO LEGAL SUFFICIENCY: ey's Office CA11844 R-1 March 30, 2011 ~`'' ' ;~ 4 ^?~ s+ _ , CITY OF VIRGINIA BEACH AGENDA ITEM _ J ITEM: An Ordinance to Transfer Funds from the Instruction Classification of the School Board Operating Budget to the School Board Technology Fund MEETING DATE: April 12, 2011 ^ Background: At its March 15th meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring appropriations between the School's Operating Fund and the Technology Fund. The School Operating Fund (Fund 115) contains four major classifications: Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The School Technology Fund (Fund 106) was formerly part of the School Operating Fund, but it currently is a separate fund in the Budget. Because the requested transfers are between the major classifications, City Council approval is required. ^ Considerations: The School Board's resolution requests a transfer of $8,774 from the Operating Fund, Instruction Classification, to the Technology Fund. The School Board's total budget remains balanced, and this transfer will not change total appropriations to the School Board for FY 2010-11. ^ Alternatives: Because there is $5.6 million of funds available in the Technology Fund, City Council could wait until June to see if this transfer is required to maintain fund integrity. ^ Public Information: Information will be disseminated to the public through the normal City Council agenda process. ^ Attachments: Ordinance, School Board Resolution Recommended Action: Approval Submitting Department/Agency: Virginia Beach City Public Schools City Manager: S ~ - Q`n'`L 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS FROM THE INSTRUCTION CLASSIFICATION OF THE SCHOOL BOARD OPERATING BUDGET TO THE SCHOOL BOARD TECHNOLOGY FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $8,774 is hereby transferred from the Operating Fund (115) Instruction Classification to the Technology Fund (106) within the FY 2010-11 School Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT (~ . ~ 1~, c= ~~,~ ~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ffice CA11836 R-2 March 24, 2011 `~IfRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E sc~oo~ eaa~n Daniel D. Edwards Chairman District 1-Centerville 1513 Bearhview Drive VA Beach, VA 23464 495-3551 (h) • 717-0259 (c) William J. "Bill" &unke, N Vice-Chairman District 7 -Princess Anna 4099 Foxwood Drive, Suite 108 Virginia Beach, VA 23462 222-0134 (w) • 286-2772 (c) Todd C. Davidson Al-Large 1861 Mayberry Orive VA Beach, VA 23456 427-3330 (w) + 285-9409 (c) Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Dorothy M. "Dottie" HoI~ Al-Large 1304 Downs Lane VA Beach, VA 23455 460-2440 (h) Brent N. Mckenzie District 3 -Rose Hall 1400 Brookwood Plate VA Beaeh, VA 33453 816-2736 (c) Ashley K. McLeod At-Large 55D8 Del Park Avenue VA Beaeh, VA 23455 552-0348 (h) Samuel G. "Sam" field Dislncl G -Beach 1533 VA beach Blv~. VA Beach, VA 23464 264-1067 (c) Patrick S. Salyer Al-Large 2233 Creeks Cdge Drive VA Beach, Vf, 2345f 620-2141 (c) Sandi Smith-4oncs District 2 - Kernpsville 705 Rrrk Creai: Court VA Beach. VA 23462 490-8167 ;h) Carolyn D: Vieem2 District 4 - Bayside 142D Claudia' Drive VA Beaeh, VA 23455 464.6674 pi) suP~~i~r~~~~~r James G. Merrill, Ed.D. 2612 George Mason Drive VA Beach, VA 23456 263-1007 RESGLC{T(ON REGARDING FY 2O1D-12 BUDGET AND REC~[JEST FaR CATEGC}RICAL/FUND TRANSFER WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, The Cade of Virginia §22.1-115, as amended, requires that technoiogy related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools/departments should purchase required technology in order to meet the spending needs of the schools/departments and that categorical/fund transfers are required to enable those purchases; and WHEREAS, the following budget transfers are recommended by the School Administration: Total of $8,774 from Operating Fund 115-instruction to Technology Fund 106 WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. Now therefore, be it RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and RESf3LilECi: That the Scl~tool Board requests that: the City Council approve the budget categorical/funds i:ransfers shown above; and be it FIt~IALLY RESC~LVECs: TI1at the a copy of this resolution be spread across the official minutes of this School Board, and tl~e Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City fVlanager, and the City Clerk. Adopted' by the School Board of the City of Virginia Beach this 15'h day of March 2011 ~~~~ /~i S 1= A L Daniel D. Edwards, Chairman ff ATTEST: r~,~ni.C~-r~t.,'tn,4,, 4 ' Goa.-t~-F~-v~ Dianne P. Alexander, Clerk of the Board School Administration Building ~ 2512 George Mason Drive ~ P.O.6ox 6038 ~ Virginia Deach, VA 23456-0038 ~ ~ • e 1QS.~.w' eeq y. ~pO ~ •i•4'•1~yi~7 fC'r ~' ~;' iz'~ ~~~at Gs! CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds from the United States Department of Homeland Security to the FY 2010-11 Operating Budget of the Fire Department for Various Equipment to Support Marine Team Operations MEETING DATE: April 12, 2011 ^ Background: The City has been awarded a $108,141 grant by the U. S. Department of Homeland Security, from the 2010 Port Security Grant Program, which is administered through the Virginia Department of Emergency Management. Virginia Beach is geographically located at the gate of the Port of Hampton Roads. The Virginia Beach Fire Department's Marine Team provides initial response to fire, search and rescue, and hazardous material incidents. The purpose of the grant is to purchase personnel protective clothing, flotation life safety equipment, and other marine search and rescue equipment. These items will better equip personnel to respond and assist the U.S. Coast Guard and others during any type of marine emergencies. ^ Considerations: There is no local match required for this program. The end of the program period is November 30, 2012, for obligation of funds, and February 29, 2013, to complete expenditures and finalize the close out reporting process. ^ Alternatives: Without appropriating the funding, the Fire Department cannot support the purchase of this equipment. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Accept and appropriate grant funds. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ~%~~- City Manager: ~ , D~''~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR VARIOUS EQUIPMENT TO SUPPORT MARINE TEAM OPERATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, $108,141 is hereby accepted from the United States Department of Homeland Security and appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Fire Department to purchase equipment for the Virginia Beach Fire Department's Marine Team. 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 Ci y A y s Office CA11837 R-2 March 24, 2011 t~ ~' ~~ s~ ~~ ~Y+M~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funding from the Virginia Aquarium and Marine Science Center Foundation, Inc. and Approve Five Foundation Funded Positions MEETING DATE: April 12, 2011 ^ Background: The Virginia Aquarium & Marine Science Center Foundation, Inc. ("Foundation") has been awarded a $4 million grant from the Virginia Department of Game and Inland Fisheries through the National Oceanic & Atmospheric Administration's National Marine Fisheries Service Section 6 Species Recovery Grant Program. This three-year grant project provides funds to develop and conduct a sea turtle research and conservation initiative in the Chesapeake Bay and Virginia ocean waters. The Foundation will be coordinating work with a number of collaborating scientists from organizations and universities. The Foundation needs additional staff to carry out this research, which will be paid entirely with funding from the Foundation. The Foundation and the City have a Memorandum of Understanding ("MOU") that addresses the reimbursement of the expenses associated with City employees operating educational programs at the Museum on behalf of the Foundation. This grant project will require a similar arrangement between the Foundation and the City. The Foundation will provide $50,000 for the remainder of FY 2010-11 as reimbursement for the City hiring positions to undertake research. Considerations: The Department of Museums requests that five positions be added to its FY 2010-11 budget. Since all salary and associated benefit costs will be reimbursed by the Foundation, this request represents no cost to the City. The positions include: • Research Project Manager (Senior Curator) • GIS Research Specialist (Exhibit Technician III) • Research Technician (Exhibit Technician II) • Stranding Technician -Response (Exhibit Technician II) • Stranding Technician -Rehab/Capture (Exhibit Technician II) The Foundation has committed to this funding for the three years of the grant. If grant funding is not awarded in subsequent years, the Foundation will find alternative funding sources or terminate the positions. ^ Public Information: The public will be informed through the normal agenda process. ^ Alternatives: Do not approve the addition of five FTE .staff positions to budget. Without additional staffing, the Foundation may not be able to meet grant requirements or would have to divert staff from other programs, such as education and outreach. ^ Recommendations: Appropriate $50,000 from the Virginia Aquarium & Marine Science Center Foundation, Inc. to the Department of Museums' FY 2010-11 Operating Budget, and approve five additional full-time positions to conduct sea turtle research through a federal grant. Authorize the City Manager to make all necessary adjustments to the FY 2011-12 Operating Budget to continue this program, at an estimated cost of $250,000. ^ Attachments: Ordinance and Foundation Commitment Letter Recommended Action: Approval Submitting DepartmentlAgency: Department of Museums City Manager: tL VIRGINIA AQUARIUM & MARINE S C I E N C E C E N T E R March 18, 2011 Mr. Jim Spore, City Manager City of Virginia Beach Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Deaz Mr. Spore, This letter serves as confirmation that the Virginia Aquarium & Marine Science Center Foundation, Inc. (Foundation) guarantees continued funding to the City of Virginia Beach for all costs associated with five full-time Research & Conservation Division positions that aze currently requested through the City agenda process. These positions will be funded by a grant (totaling more than $4 million) from the Virginia Department of Game and Inland Fisheries (VDGIF) through the National Oceanic & Atmospheric Administration's National Marine Fisheries Service Section 6 Species Recovery Grant Program. Though this is a three year grant project, the Foundation will continue to seek grants and other available funds for these positions in future budget years, however there are no guarantees. So that the operations of the Aquarium's Research & Conservation Division will continue, the Foundation guarantees the funding for these positions or will notify the City as part of the budget process that the position(s) will need to be terminated. I would be happy to discuss this with you further should you have any questions or need additional information. Thank you. With Kind Regards, Dorcas T. Helfant-Browning, esident Virginia Aquarium & Marine Science tenter Foundation 717 General Booth Boulevard, Suite 1, Virginia Beach, Virginia 23451 (757) 385-7777 phone (757) 437-4976 fax 1 AN ORDINANCE TO APPROPRIATE FUNDING FROM 2 THE VIRGINIA AQUARIUM AND MARINE SCIENCE 3 CENTER FOUNDATION, INC. AND APPROVE FIVE 4 FOUNDATION FUNDED POSITIONS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That $50,000 in anticipated revenue is hereby accepted from the Virginia Aquarium 8 and Marine Science Center Foundation, Inc. ("Foundation")and appropriated, with g revenue from local sources increased accordingly, to the FY 2010-11 Operating 10 Budget of the Department of Museums for sea turtle research; 11 12 2. That five full-time equivalent ("FTE") positions are hereby added to the FY 2010-11 13 Operating Budget of the Department of Museums, including one (1) Senior Curator, 14 one (1) Exhibits Technician III, and three (3) Exhibits Technician II; 15 16 3. That continuing the five FTEs in future budget years is contingent upon future 17 funding from the Foundation; 18 19 4. That the City Manager is authorized to reflect these FTE adjustments in the FY 20 2011-12 Operating Budget. 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 y s ffice CA11845 R-2 March 30, 2011 K. PLANNING 1. Application of BAYBERRY RENTALS, LLC, for a Nonconforming Use to enlarge the existing duplex at 2301 Bayberry Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of DARSHAK PATEL (KAVERI, LLC) and MABEL BROOK for Modification of Conditions re size of the convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger terminal on-site at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH) RECOMMENDATION DEFER TO 5/10/11 3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger terminal at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH) RECOMMENDATION DEFER TO 5/10/11 4. Applications of 7-ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC at 2448 Nimmo Parkway re a retail center (deferred by City Council on March 22, 2011) (DISTRICT 7 - PRINCESS ANNE) a. Modification of Conditional Change of Zoning Proffers re the Wawa site b. Modification of a Conditional Use Permit re fuel sales with a convenience store RECOMMENDATION APPROVAL 5. Application of STAIN STUDIOS, LLC for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (deferred by City Council on March 22, 2011) (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 6. Application of BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE. INC. for a Conditional Use Permit re a religious use at 423 Davis Street (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 7. Application of CRAB POT SEAFOOD T/A WICKERS CRAB POT/RAY D. JR. and MICHELLE R. WICKER for a Conditional Use Permit re a home occupation at 3537 Byrn Brae Drive on the Elizabeth River (DISTRICT 2 -KEMPSVILLE) APPLICANT REQUESTS DEFERRAL TO 4/26/1 I 8. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. (DISTRICT 7 -PRINCESS ANNE) APPLICANT REQUESTS WITHDRAWAL 9. Application of CITY OF VIRGINIA BEACH RESORT MANAGEMENT OFFICE for a Conditional Use Permit re a commercial parking lot at 319 18`" Street (DISTRICT 6 -BEACH) RECOMMENDATION INDEFINITE DEFERRAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, April 12, 2011, at 6:00 p.m. The following applications will be heard: KEMPSVILLE DISTRICT Stain Studios, LLC Application: Conditional Use Permit for a tattoo studio at 91 S. Witchduck Road (GPIN 1467 7 37 7 57). Crab Pot Seafood T/A Wickers Crab Pot/Ray D. Wicker, Jr. & Michelle R. Wicker Application: conditional I Permit for a home occupation at 3537 Byrn Brae Drive (GPIN 1447903402). Buddhist Education Center Of America DongHungTemple, Inc. Application: conditional Use Permit for a religious use at 423 Davis SVeet (GPIN 1467493165). PRINCESS ANNE DISTRICT 7-Eleven,loc./Courthouse Marketplace Outparcels, LLC Application: Modification of Conditional ChanEe of Zoning at 2448 Nimmo Parkway (GPIN 1494637921;1494638788). 7-Eleven, Inc./Courthouse Marketplace Outparcels, LLC, Modifi ation of a Conditional se P rmi for fuel sales with convenience store at2448 Nimmo Parkway (GPIN 1494637921; 1494638788). BEACH DISTRICT Resort Management Office/City Of Virginia Beach Application: conditional Use Permitfor a commercial parking lot at 319 18~" Street (GPIN 2427170516). Darshak Patel (Kaveri, Llc)/Mabel Brock Application: Modification of a conditional Use Permit at 971 Virginia Beach Boulevard (GPIN 2417659737). Greyhound Lines, Inc. Application' Conditional Use Permit for a passenger transportation terminal at 971 Virginia Beach Boulevard (GPIN 2417659737). LYNNHAVEN DISTRICT Bayberry Rentals, LLC Application: Nonconforming Use at 2301 Bayberry SVeet, Suite A & B (GPIN 1590514419). 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 httm//www vbeov com/oc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON MAR 27 & APR 3, 2011 22346471 U a a ~~ ;c a z W Q Z Z J A J 3 3 Z y Q1 C O 0 r C z o`~ s ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BAYBERRY RENTALS, LLC, Enlargement of a Nonconforming Use, 2301 Bayberry Street, Suite A 8~ B (GPIN 1590514419). LYNNHAVEN DISTRICT. MEETING DATE: April 12, 2011 ^ Background: The applicant requests an enlargement to a nonconforming use. The site is zoned R-7.5 Residential district and is occupied by a duplex. Duplex dwellings are not permitted in the R-7.5 Residential district. The site was zoned R-D 2 Residence Duplex until October 1965 when it was rezoned to R-S 4 Residence Suburban. When this rezoning occurred some of the zoning maps were not updated and several duplexes were built before the maps were corrected. The Comprehensive Zoning Ordinance was adopted in November 1973 and the site was zoned R-6 Residential district. With the adoption of the City Zoning Ordinance in April 1988 the site was zoned R-7.5 Residential district. This site was developed with a duplex in 1966 and thus the duplex is nonconforming. Any additions or alterations require City Council approval. The site is located at the intersection of Shore Drive and Bayberry Street in the Cape Story by the Sea subdivision. The site is 7,800 square feet on area. The site plan depicts the existing duplex and the proposed additions to the structure. The existing duplex is a one-story block building. The proposed additions consist of a two-story garage and living space, 15 feet by 27 feet, adjacent to the Shore Drive frontage, and atwo-story addition consisting of a garage, bedroom, and second floor porch, along the northern portion of the lot. ^ Considerations: The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use. The immediate area is a mix of single-family and duplex beach cottage style dwellings. The proposed additions and renovations to the existing duplex are consistent with the existing homes in the area. Bayberry Rentals, LLC Page 2 of 2 ^ Recommendations: The Planning Staff recommends approval of this request to the City Council with the following conditions: 1. The proposed additions to the duplex shall substantially adhere to the submitted plan titled "VARIANCE EXHIBIT PROPOSED DUPLEX EXPANSION", dated January 5, 2011 and prepared by Gallup Surveyors and Engineers, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed additions and renovations to the duplex shall substantially adhere to the submitted elevations titled "ELEVATION STUDIES, 2301 Bayberry Street, Virginia Beach, Virginia", prepared by Porterfield Design Center. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Building material shall include cement board siding and architectural grade roofing shingles. The windows, doors, porch railings, and columns shall be vinyl clad. 4. Before any land disturbance the applicant /developer shall submit a tree protection plan, certified by a landscape professional as defined in the Site Plan Ordinance, Section 5A, for review and approval by the Current Planning staff in the Planning Department. 5. The applicant /developer volunteers to make a donation to the City's Tree Restoration -Shore Drive Area Trust Fund in the amount of $5,000 to offset the loss of any live oak (Quercus Virginia) trees on the property to be developed. The applicant volunteers such donation in addition to an offer to transplant live oak tree seedlings on the property. ^ Attachments: Staff Review and Disclosure Statements Resolution Location Map Recommended Action: Staff recommends approval. Submitting Department/Agency: Planning Department ~ ~' City Manager: S .vuuuev~u r t !'~ REQUEST: Enlargement to a Nonconforming Use ADDRESS I DESCRIPTION: 2301A & 2301B Bayberry Street April 12, 2011 APPLICANT AND PROPERTY OWNER: BAYBERRY RENTALS, LLC STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: 800 square feet 7 AICUZ: Less than 65 d6 DNL 15905144190000 LYNNHAVEN , SUMMARY OF REQUEST The applicant requests an enlargement to a nonconforming use. The site is zoned R-7.5 Residential district and is occupied by a duplex. Duplex dwellings are not permitted within the R-7.5 Residential district. The site was zoned R-D 2 Residence Duplex until October 1965 when it was rezoned to R-S 4 Residence Suburban. When this rezoning occurred some of the zoning maps were not updated and several duplexes were built before the maps were corrected. The Comprehensive Zoning Ordinance was adopted in November 1973 and the site was zoned R-6 Residential district. With the adoption of the City Zoning Ordinance in April 1988 the site was zoned R-7.5 Residential district. This site was developed with a duplex in 1966 and thus the duplex is nonconforming. Any additions or alterations require City Council approval. The site is located at the intersection of Shore Drive and Bayberry Street in the Cape Story by the Sea subdivision. The site is 7,800 square feet in area. The submitted site plan depicts the existing duplex and BAYBERRY RENTALS, LLC April 12, 2011 City Council Meeting Page 1 ~~~ f ;~r k ~~ the proposed additions to the structure. The existing duplex is a one-story block building. The proposed additions consist of a two-story garage and living space, 15 feet by 27 feet, adjacent to the Shore Drive frontage, and atwo-story addition consisting of a garage, bedroom, and second floor porch, along the northern portion of the lot. The submitted elevation depicts the finished product as it will appear along Shore Drive, Bayberry Street, and the northern portion of the lot. The proposed additions and renovations to the existing structure are of a coastal cottage design. Proposed materials include cement fiber board siding and architectural grade roofing shingles. The existing cottage will be painted a light gray with white trim to match the proposed additions. A white picket fence will replace the existing wood privacy fence. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by a one-story duplex dwelling and mature landscaping. SURROUNDING LAND North: Single-family dwelling / R-7.5 Residential USE AND ZONING: South: . Shore Drive East: Bayberry Street • Across Bayberry Street is a Duplex / R-7.5 Residential West: • Duplex / R-7.5 Residential NATURAL RESOURCE AND The site is heavily treed with a mix of live oaks and pine trees. A CULTURAL FEATURES: condition of approval will require a tree protection plan to be submitted for review and approval before there is any land disturbance. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the 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 user are to be compatible in type, size, and intensity to the existing area. There is no impact to City services. CITY SERVICES BAYBERRY f~f NTALS, 1~LC April 12, 2011 City -Council Mee#ing Page 2 EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use. The immediate area is a mix of single-family and duplex beach cottage style dwellings. The proposed additions and renovations to the existing duplex are consistent with the existing homes in the area. The request, therefore, is acceptable as submitted. CONDITIONS 1. The proposed additions to the duplex shall substantially adhere to the submitted plan titled "VARIANCE EXHIBIT PROPOSED DUPLEX EXPANSION", dated January 5, 2011 and prepared by Gallup Surveyors and Engineers, LTD. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed additions and renovations to the duplex shall substantially adhere to the submitted elevations titled "ELEVATION STUDIES, 2301 Bayberry Street, Virginia Beach, Virginia", prepared by Porterfield Design Center. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Building material shall include cement board siding and architectural grade roofing shingles. The windows, doors, porch railings, and columns shall be vinyl clad. 4. Before any land disturbance the applicant /developer shall submit a tree protection plan, certified by a landscape professional as defined in the Site Plan Ordinance, Section 5A, for review and approval by the Current Planning staff in the Planning Department. 5. The applicant /developer volunteers to make a donation to the City's Tree Restoration -Shore Drive Area Trust Fund in the amount of $5,000 to offset the loss of any live oak (Quercus Virginia) trees on the property to be developed. The applicant volunteers such donation in addition to an offer to transplant live oak tree seedlings on the property. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. BAYBERRY #~NTALS, lLC ~._ April 12, 2011 City Council Meeting Page 3 AERIAL OF SITE BAYBERRY April 12, 2011 City Pidometry ~ 1~ < 41 b 'y ~3.. ~ ...y.. 0 a ~- ~~~~~ ~ G ~w ~ ~ 9 ~ t `~ ~ ~ ~ 9 ~~$~ ~ ~ ~. "»,,.ha.;` ~ ~ ~ ~ Q pL pp e C~f~!~9§@@~ .,,, ~~yy •Y' f~a •~"Ms 'i: ... ~ . •.. .,.i I ;.. ~ - ----T ---- - - ----- - ------ ------------ -- -- ~ i ~ ~ 7 ;: 1 I i ,` , / ,~ G ~a ~ 'til ~ ~l ' I ,- I ~ ----- .'~ ~tl00V WL 03~'O~NN - ~ mti ~ ' ~ '~ -~ ~ aca ~ ~i - I t I b ~. .4j~ i ~ ~ ~ !~ I e ! ~ ! ~qq ~~- -- z~- a ~. ~! e .9 I F 1 I I ~ .I } I RY~YY4~ ~3 ~~~ i~ ~~d ~! PROPOSED SITE BAYBERRY April 12, 2011 City 9 ~ rage ~ `~, nF _~ _i , ~~ .~~ t °T ~' .~j ~;3 9 ~ 9 J J Z J ~~~ ~ ~ n ~5~~~ ~~ ~~ I ~ ~ I~ ~ ~~~! ~$ PROPOSED ELEVATION ~~ i~, ~ BAYBERRY RENTALS, LLC ~ .~ April 12, 2011 City Council Meeting Page 6 IF OUR NAt `6`~~ ~~ F,TG PROPOSED EL BAYBERRY Ri April 12, 2011 City !Gc ~~1ON fVTf~LS, LLC mcil Meeting Page 7 ~l~alT Sie9~ _ __ -- ._z~T._-.--_~.~.~._. PROPOSED E1~~-T~Q,i} BAYBERRY R~NTf~LS, PLC , :... April 12, 2011 City council Meeting Page 8 LYNNHAVEN R•a~~hPrr~' RPntalc. LLC ~ - ' ~ t - ~, , ~\ ~ . , } ~ ' ` \ .' ~ 1 -' ~ - -- ~~ , . _~=- ,~,~ ,_ ~,~ ~ y,. ~ ~.. ~r~. ._ 1 ~"~ ~° .i - ~ ~ ~ ~ ~ v, . 1 ~t`. ~ \ -. 111 ~ ~ ` ~N~ -' ~ Y h - - ~ ,_ i t ~ l 1 _ i ~ ~ C \ .~ _1 ; ~~ ~ ~ ~~ 1 " 1 ~. _ f- 5 ~ ~ 1:-,,/~ ce. 1~- ~ ' , J \ i ~ , v ~ 1 . , ~ , 1 L IYOl1~6Vnwmm~y vac .-...........••- The area is a stable residential area with no recent zoning activity to report. ZONING HIS BAYBERRY RENTALS, LLC April 12, 2011 City Council Meeting Page 9 ~ OF O'JF' NAS\O', ~~;f Y~ ;, Z 0 ~---~ a a w c~ 0 w O V O DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. belo (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (AKach 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 a City of vrginia Beach have an interest in the subject land? Yes - No If yes, what is the name of the o aal or employee and the nature of their interest? Non-Cadomting Use npplk~tbn Pape 8 of 9 Revised 7/3/07 DISCLOSURE STA~F~TtT BAYBERRY f~NTALS, PLC April 12, 2011 City SCouncil Mee#ing Page 10 DISCLOSURE STATEMENT ' 'Parent-subsidiary relationship' means 'a relationship that a xists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Ad, Va Code § 2.2-3101. s "Affiliated business entity relationship' means °a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling ow rler in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 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 scteduled 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 publ~ hearing according to the inslructlons in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Warming to photograph and view the site for purposes of processing and evaluating this application. G AppA a nature Print ame Properly Owners Signature (if different than applicant) Print Name Non-Conforming Ux AppMCatlon Pape ®of 9 Revised 7/3A7 ~•-~ V W G5 O w z 0 V O DISCLOSURE STATEMENT BAYBERRY RENTALS, LLC April 12, 2011 City Council Meeting Page 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, inGuding but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY 4 BAYBERRY RENTALS, LLC AND LOCATED 5 AT 2301 A AND 2301 B BAYBERRY STREET 6 7 8 WHEREAS, Bayberry Rentals, LLC, (hereinafter the "Applicant") has made 9 application to the City Council for authorization to enlarge a nonconforming use having 10 the addresses of 2301A and 23016 Bayberry Street, in the R-7.5 Residential District, by 11 enlarging an existing duplex; and 12 13 WHEREAS, a duplex is nonconforming as it is not allowed in the R-7.5 Zoning 14 District; and 15 16 WHEREAS, the duplex was constructed when it was an allowed use in the 17 applicable zoning district; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as enlarged, will be 29 equally appropriate to the district as is the existing use under the conditions of approval 30 set forth hereinbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. The proposed additions to the duplex shall substantially adhere to the submitted 39 plan titled "VARIANCE EXHIBIT PROPOSED DUPLEX EXPANSION", dated 40 January 5, 2011 and prepared by Gallup Surveyors and Engineers, LTD. Said 41 plan has been exhibited to the Virginia Beach City Council and is on file in the 42 Planning Department. 43 44 2. The proposed additions and renovations to the duplex shall substantially adhere 45 to the submitted elevations titled "ELEVATION STUDIES, 2301 Bayberry Street, 46 Virginia Beach, Virginia", prepared by Porterfield Design Center. Said elevation 47 has been exhibited to the Virginia Beach City Council and is on file in the 48 Planning Department. 49 50 3. Building material shall include cement board siding and architectural grade 51 roofing shingles. The windows, doors, porch railings, and columns shall be vinyl 52 clad. 53 54 4. Before any land disturbance the applicant /developer shall submit a tree 55 protection plan, certified by a landscape professional as defined in the Site Plan 56 Ordinance, Section 5A, for review and approval by the Current Planning staff in 57 the Planning Department. 58 59 5. The applicant /developer volunteers to make a donation to the City's Tree 60 Restoration -Shore Drive Area Trust Fund in the amount of $5,000 to offset the 61 loss of any live oak (Quercus Virginia) trees on the property to be developed. The 62 applicant volunteers such donation in addition to an offer to transplant live oak 63 tree seedlings on the property. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 66 of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning _..---~ City Attorney's Office CA11846/ R-1 /April 1, 2011 /r'\ • • .~ 4~ '+V ~~ F~T~ till ~I '~V 'mil Q ~:, W m '~S [~ ~ ~ ~ ~ `~ 0 a ~L '~~ n ~~, ti~:~' _ _ ~±' ~ ~ ,,, __ ,, ~-- ~ ~, ~: is ~, ~lti ~,L, _ ,~ ,, ~,, ~ ~~ ~~ ~ ~ . ..._~ r 1 ~S ~~~~~ ~L~;t~1-* ;, I +_ _ i - _ ~1 L-~ L~ `y ~ ~~ ~wf • Y~ n ~? 1 i 1 ~ -~ ~' ~, ~ N m *` N m ~.~ ~ ` ''- ` m -~ c c~ ~f j 5... 1 \V _ ~ ~~ ... N C .` O O O w V 4: a m ~~ H ~ ~ '~ } 0 (~ N ~ xQ .~~ V V ti 0 O U •,;, M O ~o ~q o~ .., ., ~- .~ ~; ._ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DARSHAK PATEL (KAVERI, LLC)/MABEL BROCK, Modification of a Conditional Use Permit, 971 Virginia Beach Boulevard (GPIN 2417659737). BEACH DISTRICT. MEETING DATE: April 12, 2011 Due to inadequate posting of signs, this request has been deferred to the May 10, 2011 City Council Hearing. ^ Background: The applicant is requesting a modification to the Conditional Use Permit for a gasoline station and convenience store approved by the City Council on January 21, 1985 in order to add 876 square feet of floor area to the existing convenience store. The approved Conditional Use Permit has the one following condition: The applicant has voluntarily agreed to provide public restrooms. The applicant is proposing an addition of 30.2 feet by 29 feet on the western side of the building adjacent to Seabridge Road. The proposed addition is situated 35 feet from the western property line and 3.1 feet from the southern property line. The Planning Department's policy requires a modification to a conditional use permit if proposed construction, additions, and or alterations are not in keeping with the approved conditional use permit, thus the reason for the request. ^ Considerations: The site was developed in 1985, prior to the landscaping ordinances and the Resort Area Strategic Action Plan. While the request is not consistent with the Comprehensive Plan recommendations for this area, it is an acceptable interim use for the area pending the redevelopment of the corridor. The applicant, in conjunction with Greyhound Lines, Inc., is also requesting approval for a Conditional Use Permit for a passenger transportation terminal, a bus stop, on the site. Several of the conditions listed below are also recommended for the approval of that request. Staff recommends approval of this requested modification, as conditioned below. There was no opposition to the request. Darshak Patel (Kaveri, LLC) Page 3 of 3 10. The non-conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 11. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag-type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 12. The seating area located on the east side of the front of the store shall be removed within one week of City Council approval. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Due to inadequate posting of signs, this request has been deferred to the May 10, 2011 City Council Hearing. Submitting Department/Agency: Planning Department ~J/~ City Manag k ,~~.-~ ~~:,,~ ,-~ Darshal: Patcl (Ka~~cri L.L.C.) ' ~~ _ RT3 __ > 75 ~ i ~ ra' `~. '` RT3` ~ , ~" ~ , ~a~ ~ ,,, vi ~~ p =s Ry~ ~ i ~ ! 62+ /~ L A1z, ~ 1 ~~~. /- ~ ' ~. 'A12 82 ~ Bz ~ A12. l ' ~ °~~ a . _ A: ~ g r 7l)- S Y~ >7 . 0 ' 1 ~~~ ~A 12 • A18 ... - 62• ; ~ Zw:lMl wi~CrnCrtMi~PrMkrs. Bryn • Mu~l]l!l'a1101~ c:/ C<Illdi(I~rl~~ Sry~e Fromwu. n: VIW~S lrwrbya March 9, 2011 Public H APPLI DARSHAK PATEI (KAVERI LLC PROPERTY OWNEF MABEL BROCM STAFF PLANNER: Faith Chris ie REQUEST: Modification of a Conditional Use Permit for a gasoline service station in conjunction with a convenience stor , approved by the City Council on January 21, 1985 ADDRESS /DESCRIPTION: 971 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: 24176597370000 BEACH 28,567 square feet AICUZ: Majority is within the greater than 75 d6 DNL Eastern portion of the property is within the 70 - 75 d6 Ldn SUMMARY OF REQUEST The applicant is requesting a modification to the Conditional Use Permit for a gasoline station and convenience store approved by the City Council on January 21, 1985 in order to add 876 square feet of floor area to the existing convenience store. The applicant is proposing an addition of 30.2 feet by 29 feet on the western side of the building adjacent to Seabridge Road. The proposed addition is situated 35 feet from the western property line and 3.1 feet from the southern property line. The submitted plan depicts the existing convenience store, the addition, the existing canopy, the stormwater management basin, and the parking. The submitted elevation depicts the addition as matching the existing building in finishes and colors. .i :~~ DARHAK PATEL (KAVERI Agenda I 0 - ~ i ~ ,~ 1 ~ 5 Jk 1 ; ~~ '~ The Conditional Use Permit permitting a gasoline service station in conjunction with a convenience store was approved by the City Council on January 21, 1985. The Conditional Use Permit has one condition: The applicant has voluntarily agreed to provide public restrooms. The Planning Department's policy requires a modification to a conditional use permit if proposed construction, additions, and or alterations are not in keeping with the approved conditional use permit, thus the reason for the request. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Convenience store and gasoline pumps SURROUNDING LAND North: Virginia Beach Boulevard USE AND ZONING: Across Virginia Beach Boulevard is parking for the Convention Center / RT-3 Resort Tourist South: Undeveloped lot / B-2 Business • Seabridge Square townhomes / A-12 Apartment East: Bulk Storage /Conditional B-2 Business West: Seabridge Road • Across Seabridge Road is a retail strip center / B-2 Business NATURAL RESOURCE AND There are no natural resources or cultural features associated with this CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8: Resort Area. The Resort Area is recognized as an area appropriate for a variety of complementary non-residential and high density residential uses that enhance economic and cultural quality of life. Revitalization efforts are needed to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28). The Resort Area Strategic Action Plan (RASAP), adopted as part of the Comprehensive Plan, further identifies this area as the 19th Street/Central Beach District. The Central Beach District is envisioned as a pedestrian- scale, mixed-use entertainment district that connects recent investments at the Convention Center with the heart of the beach. The Plan also speaks of this District as benefiting from connecting with the future investment of mass transit systems such as the Light Rail Transit (LRT) from Norfolk through Town Center to the Oceanfront. With this in place, this corridor will be a prime location for multifamily housing, transit oriented development, retail, restaurants, and similar uses (p. 2-29). The RASAP expands on the idea of the LRT by proposing stations at the current Convention Center and future development at the Dome Site. The LRT would tie into the local trolley line that serves as the north/south connector along Atlantic and Pacific Avenue;> (see RASAP poster, Transit Network). DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this site is a four-lane undivided minor urban arterial with a 100 foot rlght-of-way width, which is also the ultimate right-of-way width provided in the City's Master Transportation Plan. There are currently no plans to improve this portion of the roadway. Seabridge Road also provides access to this site. Seabridge Road is a two-lane local street with a 60 foot right-of-way width. Seabridge Road is not included in the City's Master Transportation Plan and there are no roadway plans for this portion of the road. TRAFFIC: Street Name Present Volume present Ca acit P y Generated Traffic Virginia Beach 11,720 ADT 22,800 ADT Existing Land Use - 414 Boulevard ADT (34 Peak Hour) Proposed Land Use - 613 ADT 50 Peak Hour Average Daily TriF~s Zas defined by a 1,812 square feet convenience store and8 fueling statiors a as defined b a 2,688 s uare feet convenience store and 8 fuelin stations WATER: This site is currently connected to City water to accommodate the proposed development. The existing 5/8 inch meter may be used or upgraded SEWER: The site is connected to City sewer. STORMWATER MANAGEMENT: Stormwater quality and quantity shall be addressed in accordance with the specifications outlined in the Virginia Stormwater Management Handbook. EVALUATION AND RECOMMENDATION The site was developed in 1985, prior to the landscaping ordinances and the Resort Area Strategic Action Plan. While the request is not consistent with the Comprehensive Plan recommendations for this area, it is an acceptable interim use for the area pending the redevelopment of the corridor. The applicant, in conjunction with Greyhound Lines, Inc., is also requesting approval for a Conditional Use Permit for a passenger transportation terminal, a bus stop, on the site. Several of the conditions listed below are also recommended for the approval of that request. Staff recommends approval of this requested modification, as conditioned below. DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 3 CONDITIONS 1. The condition attached to the Conditional Use Permit granted by the City Council on January 21, 1985 remains in effect. 2. The proposed addition shall be located substantially in accordance with the submitted physical survey plan of the site prepared by Beck Associates pc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The driveway /curb cut located near the intersection of Virginia Beach Boulevard and Seabridge Road shall be closed. Landscaping, in accordance with the Site Plan Ordinance Section 5A, shall be installed along the Virginia Beach Boulevard and Seabridge Road frontages, except for the necessary access points. 4. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 5. No outdoor vending machines and / or display of merchandise shall be allowed on the site. 6. Foundation landscaping shall be installed along all the building walls. The planting bed shall be a minimum of 3 feet in width and shall contain low growing evergreen shrubs. 7. The dumpster shall be screened and landscaped in accordance with the Site Plan Ordinance, Section 5A. 8. The applicant /owner shall provide a photometric plan for review /approval by the Virginia Beach Department of Planning or appropriate City staff. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 9. The entire building shall be painted an earth tone color. 10. The non-conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 11. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag-type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 12. The seating area located on the east side of the front of the store shall be removed within one week of City Council approval. DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 4 NOTE: Further conditions maybe required during the administration of applicable City Ordinances anal 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 anc~ Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 5 ~~ ~ ~, ~ ' ~,. ;~ H~ ~ , AERIAL OF SITE DARHAK PAT OCATION (KAVERI LLC) Agenda Item 5 Page 6 k •.,`.,~ ~~ :~ ~~ ..~ i' N 0. DARrilxnR~111RGup,R ~'Alf'IR ~Tn~ 57 R Rx FXhlitg BRUding Mn- 1617 SF NRpDxed Adlitim - 876 CF - ~ - --- ToW Alta Ncw BId3 - 2683 Sf PARCEL A PYYm$ a~yulmnw~l 4 I spKS pa 700 SP aA n6 R 33 of bullAint rq fnolRdilq mwiRpan 1 IN; tp~oe pm 3 angR7oe sp.m ~ ~~ 768E/700-13.~ uy i~+3-17 PFvtt'+lRW leq:d POND 5 OSD 2T 40` E - ~ ~ ~ Pw stY 5.0' uprr s wood a 147.5 ¢e~osal[ ns~r ~ RRlvanrr mac aRs i5~5TflCt 5liMCxL Q r-n (~ ~ PARCEL 2 c ~ ~ mac. alp: - m ~ - N 3iAA0 Q m ~ ~ ~ ~ s ~- :,~ , R3>~a„Y !9 N PARCEL 2A °~ -~."' -..- 3.1~ I 13 $ na >3 ~ ~ ~~ ~ ,~ -~1>~ ~ >6~ - }I~ +~~+• VBaI''PIAg~ ~ I ~ C ~n saaoo ~'i ~~ ~~` ml ~c ~ Raanxs - zo.a ai~ao 31x+1 row ~ ~ ~ ~,~,, uTs pW ~R 147.S -~- N 05D 28' W a T~ O,p~n -w xr / ~~' SEABRIDGE ROAD c6vllwl :~:,,a~,r>< ~~ .77 REIfJt~lta: a.a ~, e 7 M.O.98. R tl ONp1, Ne. xn R 1 ~~~~~~ ,~ M.0.174R~ PHYSICALSIIRYEY a& xm R xon R111Ca x7 OF ~ htIf110NY8ECl(~ an ueo, r. gel t~ w t'J0.2030 ,.,, PARCEL 2, SUBDIVISION OF PARCD t'~S v~~ FUR NELSON e. & MABEI. BROCK ~_ ~' ~ i~ (D.B. 2557, P. ~ip2) VIRGINIA BEACF _'~N~ ~~ . alrtvEV wAS PEaFOar~m ~ ~ FOR °~ THE ~~ ~ ~ alaaFxr TrnE ~~ i~ I 1 DARSHAK PAlEI ~T AND, OJISEQl1EMLY, WIY NOT SIIOVJ -~- i l5Fl9B(TS ANO MAT7ER$ OF TfTLE TNA7 r~ TTl~S[TE. DEED NOT Fi1RNLSHED QY O.~fi. ^~ _~ SCALE: 1` >= 25' PROPOSED S DARHAK PA '+ ~~ :PLAN ~ ~ , 'KAVERI LLC) ~ _ agenda Item 5 Page 7 ~ ~., ._ ~ . ~~ Nro^ U 1 z ~" ~~ i ~ ~V N ~ ~~ G 0 _ _!~ 0 N ~_ -`S~/- ~C. i V a~ z 0 O s w N k~ PROPOSED BUILDING EL ~~c~ DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 8 ,~~ _ _ . ~~ ~ ~, 1 i ~~~ ~~ v,'r ~',. ~~ I_ y;'(? i ~?~M~ „,'~F t ~~~ i ~ / ~ 0 0 N 1 1 I 'x .' 7 rn / /, i~ I~ i PHOTOGRAPHS OF SITE DARHAK PATEL (KAVERI LLC) ~ _ ~ Agenda Item 5 ~~ Page 9 ~ } I BEACH slap L-~ DarShah Patel (Kaveri L.L.C.) __+ ~ ~t '~ ~' I ~ ~ RT3~s a, ~ Y.,, ti .~~* t 1 RT3~ y _ t~1~ ~. ~r ------q '~ .. ~_ a - ~ ~ ;_ 2 B2 =~"' B2 ~ ii _ ~ ,fire 4+ w y~,, ~ s ~< ~ r c ~ ~ a+`~ -~ ,~ ~ .h r r '~ ~ (~ ~ , ~., "Zoning with Conditions.+Protters. Open Modification or ~ ona~r-ons SpacePronroiion orPDF1d Overlays ACTION REQUEST # 1 DATE 10/22/88 Conditional Use Permit Automobile Service Station and Carwash A roved roved A 2 8/22/93 Alteration to a Nonconforming Use & pp Approved 12/10/02 Rezoning (A-12 Apartment to Conditional B-2 Business) Conditional Use Permit (Bulk Storage) 2/10/04 Modification of Proffers and Conditions A roved l U roved A 3 10/10/88 se Rezoning (B-2 Business to A-12 Apartment) & Conditiona pp 8/14/89 Permit (Group Home) Conditional Use Permit (Group Home) Approved 2/11/92 Conditional Use Permit (Group Home) Approved 10/27/92 Conditional Use Permit (Group Home) Denied 10/26/93 Conditional Use Permit (Group Home -addition) Approved 4/25/00 Conditional Use Permit Group Home -expansion Approved RY ZONING HISTO ,~~ DARHAK PATEL (KAVERI LLC) %.~ Agenda Item 5 Page 10 - __ .~ ~ ~ ~ l~~i ~_ ~f~ >~~ 1~~~ ~_ ~~ 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. bekwv: (Attach list if necessary) M~Vr`RI f-LG pIRSW~K- MITEt- WyJlyrt~~llt hltHb~'!- ATUL ['A'tBt~-1'IEt'b!!IL 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOTa corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is dilfeient from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List ~e property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) NV~6Et,. t 2. List all businesses that have aparent-subsidiary' or affiliated business entity 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 offaal or employee of th/City of Vrginia 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? rAoaificauon of Conditions npp~iptlon ^ Page 70 Of 11 DISCLOSURE STATEMENT DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 11 z 0 a w a~ w z 0 0 v DISCLOSURE STATEMENT ADDITIONAL. DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of archftectural 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 Gavemment Conflict of Interests Ad, Va. Code § 2.2-3101. "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 {rii) 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 entices; 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 done 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 arxurate. 1 understand that, upon reoaipt of notificalbn (po:tcaM) that the applicatice has been scheduled for public hearing, I am responsible for obtaining and postkrg the required sign on the sut>jed property at least 30 days prior to the scheduled public hearing aotording to the instrud'rone in this package. The undersigned also consents to entry upon the subject property by employees of the l~artment of Planning to photograph and view the site for purposes of processing and evaluating this applicatan. Applicant's Signature Print Name X 'vy~ ~.f' P 1~-t..~c ~ ~ t'~ t~ k~e~ i ~ ~ ~mc~ 1T roperty Owner's Signatune (rt different than applicant) Print Name Conditional Use PerrrM Appliubon Pape so or 10 Revised 7!3/2007 DISCLOSURE STATEMENT DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 12 Item #5 Darshak Patel (Kaveri, L.L.C.) Modification of a Conditional Use Permit 971 Virginia Beach Boulevard District 6 Beach March 9, 2011 CONSENT An application of Darshak Patel (Kaveri, L.L.C.) for a Modification of a Conditional Use Permit for gasoline service station in conjunction with a convenience store approved by City Council on January 21, 1985 on property located at 971 Virginia Beach Boulevard, District 6, Beach. GPIN: 24176597370000. CONDITIONS 1. The condition attached to the Conditional Use Permit granted by the City Council on January 21, 1985 remains in effect. 2. The proposed addition shall be located substantially in accordance with the submitted physical survey plan of the site prepared by Beck Associates pc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The driveway /curb cut on Virginia Beach Boulevard, located near the intersection of Virginia Beach Boulevard and Seabridge Road shall be closed. Landscaping, in accordance with the Site Plan Ordinance Section 5A, shall be installed along the Virginia Beach Boulevard and Seabridge Road frontages, except for the necessary access points. 4. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 5. No outdoor vending machines and / or display of merchandise shall be allowed on the site. 6. Foundation landscaping shall be installed along all the building walls. The planting bed shall be a minimum of 3 feet in width and shall contain low growing evergreen shrubs. 7. The dumpster shall be screened and landscaped in accordance with the Site Plan Ordinance, Section 5A. 8. The applicant /owner shall provide a photometric plan for review /approval by the Virginia Beach Department of Planning or appropriate City staff. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 9. The entire building shall be painted an earth tone color. 10. The non-conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 11. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors Item #5 Darshak Patel (Kaveri, L.L.C.) Page 2 and windows. There shall be no signs, pennants, banners, and or flag-type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 12. The seating area located on the east side of the front of the store shall be removed within one week of City Council approval. 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 (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS FELTON AYE HENLEY AYE HODSON AYE HORSLEY AYE LIVAS AYE REMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 5 for consent. ABSENT Mark Walker appeared on behalf of the applicant. • 4~ .,.~ I U~.^ Vii: ~~ J a ,. i n 0 v a v i i J H Q H _~ w v 0 U w .~ (' ~N~ ~~y~(p7g C ~ ~U ~ s~, 4, ._ . e ~l~v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREYHOUND LINES, INC., Conditional Use Permit, passenger transportation terminal, 971 Virginia Beach Boulevard (GPIN 2417659737). BEACH DISTRICT. MEETING DATE: April 12, 2011 Due to inadequate posting of signs, this request has been deferred to the May 10, 2011 City Council Hearing. ^ Background: The applicant requests a Conditional Use Permit to allow use of the site for a passenger transportation terminal. The request is actually for a bus stop to be used three times a day. Currently, the site is occupied by a convenience store and 8 fueling stations. Greyhound Lines, previously located on Laskin Road, west of Oriole Drive, relocated their operations to this site earlier this year. Greyhound was not aware of the requirement for a Conditional Use Permit as the use on Laskin Road was nonconforming. The motor coaches arrive and depart three times daily - 6:35 am - 6:45 am, 12:20 pm - 12:30 pm, and 7:20 pm - 7:30 pm. The majority of users are local residents and the military. Tickets can be purchased at the convenience store and online. The users are dropped off at the site so there is no need for additional parking. Several chairs are installed on the eastern side of the building, outside, for the users to wait for the motor coach. ^ Considerations: The request is consistent with the Comprehensive Plan recommendations. Staff recommends approval of this request with the following conditions which address many of the concerns raised by both staff and the surrounding neighbors. There was one in opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following conditions: 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses Greyhound Lines, Inc. Page 2 of 2 within three months of City Council approval. 3. The non-conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag-type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant /owner shall provide a photometric plan for review /approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: • Three times daily - 6:35 am - 6:45 am, 12:20 pm - 12:30 pm, and 7:20 pm - 7:30 pm. 9. All loading and off loading of passengers shall take place on site, in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Due to inadequate posting of signs, this request has been deferred to the May 10, 2011 City Council Hearing. Submitting DepartmentlAgency: Planning Department City Manag ~ ~~ OCJIII Flap L-7 Grc~•hound Lincs, nc. Mac ^i: • R~13 Il_ 5• RT3 RT3 ~- _ r- - .~ RT3 i ~ " ~ ~, i , ~_~ CVO .~W~~~ ~ B21 A12 M ~ ~ r1B Ld~r _ es ~ , B2 '~• ~ ~ ~: 4 •. ..,~ :~~ a~z 'd ~A~2 A1~ ~ • r~~1 Y AP 2 `" ti O,>, :~' ;~ ~ 1 ~A92 A92 •za~.r, .xn caam:o.r. vrat.... q.. CUP Passenger Transnnrtation Terminal yu.r P.onrodnn nr PM~i fM.by, 1! March 9, 2011 Public Hearii APPLICAN GREYHOUNI LINES, INC PROPERTY OWNE MABEL BROC STAFF PLANNER: Faith REQUEST: Conditional Use Permit (Passenger Transportation Terminal -bus stop) ADDRESS /DESCRIPTION: 971 Virginia Beach Blvd. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24176597370000 BEACH 28,567 square feet Majority is within the greater than 75 dB DNL Eastern portion of the property is within the 70 - 75 dB Ldn SUMMARY OF REQUES' The applicant requests a Conditional Use Permit to allow use of the site for a passenger transportation terminal. The request is actually for a bus stop to be used three times a day. Currently, the site is occupied by a convenience store and 8 fueling stations. Greyhound Lines, previously located on Laskin Road, west of Oriole Drive, relocated their operations to this site earlier this year. Greyhound was not aware of the requirement for a Conditional Use Permit as the use on Laskin Road was nonconforming. The motor coaches arrive and depart three times daily - 6:35 am - 6:45 am, 12:20 pm - 12:30 pm, and 7:20 pm - 7:30 pm. The majority of users are local residents and the military. Tickets can be purchased at the convenience store and online. The users are dropped off at the site so there is no need for additional parking. Several chairs are installed on the eastern side of the building, outside, for the users to wait for the motor coach. The request was deferred January 12, 2011 Planning Commission meeting due to a legal issue. The request was deferred at the December 8, 2010 Planning Commission meeting so that the applicant could GREYHOUND LINES, INC. Agenda Item 15 °' °`~ z. rage ~ I '"" ,~ ~'~~ .~ ~, meet with the surrounding neighbors to discuss the proposal. The applicant met with the neighbors on December 8, 2010. Staff has addressed the neighbors' concerns in the evaluation and conditions section of this report. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Convenience store and gasoline pumps SURROUNDING LAND North: Virginia Beach Boulevard USE AND ZONING: • Across Virginia Beach Boulevard is parking for the Convention Center / RT-3 Resort Tourist South: • Undeveloped lot / B-2 Business • Seabridge Square townhomes / A-12 Apartment East: Bulk Storage /Conditional B-2 Business West: Seabridge Road Across Seabridge Road is a retail strip center / B-2 Business NATURAL RESOURCE AND There are no natural resources or cultural features associated with this CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts are needed to transform the Resort Area info a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28 Policy Document). The Resort Area Strategic Action Plan (RASAP) adopted as part of the Comprehensive Plan further identifies this area as the 19th Street/Central Beach District. The vision for the Central Beach District is a pedestrian- scale, mixed-use entertainment district that connects recent investments at the Convention Center with tl'ie heart of the beach. With the introduction of Light Rail Transit (LRT) from Norfolk into Town Center and tfte Oceanfront, this corridor will be a prime location for multifamily housing, transit oriented development, retail, restaurants, and similar uses (p. 2-29). The RASAP also acknowledges a transit network plan that proposes a LRT link connecting Norfolk to Town Center and the Oceanfront, with stations at the current Convention Center and future Dome Site. The LRT would tie into the local trolley line that serves as the north/south connector along Atlantic and Pacific Avenues (see RASAP poster, Transit Network). It should also be noted that the 19th Street Corridor east of Birdneck Road to the Dome Site is identified as "Study Alternative A-1" for LRT or Bus Rapid Transit (BRT) transit corridor alignment in the Virginia Beach Transit Extension Study currently being conducted by HRT. Furthermore, this site is located within the Convention Center Transit Station Influence Area (1/4 mile) and within the Dome Site Transit Station Influence Area (1/2 mile) also being evaluated in that study. GREYHOUND LINES,INC. Agenda Item 15 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP : Virginia Beach Boulevard in front of this application is a four-lane minor urban arterial with a 100-foot right of-way width, which is also the ultimate right-of-way width provided in the City's Master Transportation Plan. There are currently no plans to improve this portion of the roadway. Seabridge Road also provides access to this site. Seabridge Road is a two-lane local street with asixty-foot right-of-way width. Seabridge Road is not included in the City's Master Transportation Plan and there are no roadway plans for this portion of the road. PUBLIC WORKSITRAFFIC ENGINEERING This site is located at the corner of Virginia Beach Boulevard and Seabridge Road. There is currently both right-turn and left-turn lanes onto Seabridge Road from Virginia Beach Boulevard. The site has direct access to both streets, so any additional traffic created by this use, including bus traffic, can potentially use the turn lanes onto Seabridge Road to access the site. Furthermore, both sections of roadway currently operate at well below capacity and both can handle additional traffic volumes. Traffic Engineering feels that the current site configuration should be adequate for the additional vehicular trips generated by the proposed use, and there should be no substantial negative safety or traffic flow impacts created by the proposed bus depot. TRAFFIC: I Street Name Present Volume 11,700 ADT Present Capacity I Generated Traffic Virginia Beach Boulevard 3as defined by a 22,800 ADT Existing Land Use `-414 ADT (34 Peak Hour) Proposed Land Use 3- 628 ADT s as defined by a gasoline station with a convenience store ie station with a convenience store and a 6 daily bus stomas EVALUATION AND RECOMMENDATION The request is consistent with the Comprehensive Plan recommendations. Staff recommends approval of this request with the following conditions which address many of the concerns raised by both staff and the surrounding neighbors. CONDITIONS 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council GREYHOUND LINES, INC. Agenda Item 15 Page 3 approval. ~ 3. The non-conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag-type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. Awaiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant /owner shall provide a photometric plan for review /approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: Three times daily - 6:35 am - 6:45 am, 12:20 pm -12:30 pm, and 7:20 pm - 7:30 pm. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. GREYHOUND LINES, INC. Agenda Item 15 Page 4 t ., ~ o ~ o M l Mob` n ~) ]y~,p ~~ OQ~n M4N~ 1 °j W: 4. r~ w 04 00 Oe t ~. H s+ , ;i r° ~.,« 3 ` ,.a oooz , of ro s ~~z S~i ~ ooe ,oe.., ,uei., _.. O y~ ~, = ~'a ~ o : ~. ~ ~ spa 0 ti ~i,~ ~ I`y ij S v ;~ W l~ ~ y :ti ~~ u Wp~ Lw is ~ rw1~ x ~`~ Q`~O~ NF< m8~ ~ M33 h4 ~e Y~ ~ ~,e~ •~ 8 i 3 Qum ti '° oeui aeni ~ K !e r /M/d,091 Od 390/dBY3S ti :~ c Er 8 ~o ° ~°e ,,~. ~~Y : ~ •~ sr ~3~ ~ ~' sa ~ ' ? ;; I i~ti =~ s i'S~yc ~~ 3 ~~ @ 'I afar ~1{ "[ € YS ~~a`•' ~ ;, ~~ -: tL C 23..5 _ `~ S-. .G i` s=~ySy ~ •w `t~o =8 :x_ ~.g ~° may" %%,~~ ai:s"I~ I ~ i g _. °_ G eau PHYSICAL SURVEY GREYHOUND LINES, INC. Agenda Item 15 Page 6 M .~44-~r-~,,4 ~ o.e. ~ss~ n. 60: P1N ~~ SET 1N 0.4' ORILI FIOLE FauNo 5.0' 12Gff 4Gd l 6 WOOD F& PARCEL A M.B. 230, P. 38 S I~0--5--t~ 2T 40° E ~ DI1•~i 14~r.ERasENEFUhV FENCE II 1N 0.T 1 ~ SET I~~ --- i _ F6d(E ~_____._____, iN 4.4' DRIVEWAY j ~ ~ ~ f11 ~ ~CONC QJRB N t ~ ~~ ou I ~ ~ orn ~ 6' WaOD [t r- YS LQ FQd~ 3~ ~STtir'.vT ~ ~ ~~ ~ z ~Ti-~t.tt I 7 I ! PARCEL 2 PAE r`wN1NC COIDhN C IAWNIlKi NOT PRESH(7) CONC. CURB ,T ! _ _ _ _ __ -_21.x{.5' O~+ n !! - MA9pNRY _ s 0.4Y~ ~ , •' ~~ 30.15' - - 3.1' ~ ~ 5~ _ -_ • ~ . ISIAND ~ ;•;•;~ aodaE~e ~ ~ ~ Irv n Q ' ~ ~ ~ - ~, Q M _ 4• LSIAND ~~o^~, ~ ~~ rG-+ ~ - - ~~ ROOF LTNE ~ OL {,~] Z C.3o ~ 7" ORiVE11fAY ~~•' RAMV + 4 . ~ ~ ~ lIGV1T FOIE _ ~~ ~ - _d" ~- - ~..-., -•-.-~ ~ ~ 30.2. ~~~~ r QlttB DOLE a0 ~ 6' WOOD t•N'1 VACUUM VENT V1FE5 ~ ~ ~° ~ FENCE m LIGffT ,~^G ~. ~CS )IUS = 20.0' ulcb Aa'' °°'~ N' ~ ti 127.5' FM FDUND 147.5 -" N O5D 28' W %N SEf SEABRIDGE ROAD 1G0'R/W1 SITE P GRE ~N ; ;^ - ~ ~', D LINES, INC. ,~i ,genda Item 15 Page 7 .'~ ~' '~ ~ ~. ~., .. ~.~ ~ ~,: PHOTOGRAPH OF EXISTING SITE -VIRGINIA BEACH GREYHO .. _.w. ..__--,...._.... .. si .~ . _ ~I, PHOTOGRAPH OF EXISTING SITE - SEABRIDGE ROAD GREYHOI JD LINES, INC. ~i 4genda Item 15 ~, Page 9 ',, " ~ °r ;,::~_, ,~ ~~ PHOTOGRAPH OF BUS LOADING AREA GREYHOUND LINES, INC. Agenda Item 15 Page 10 _ ~ S ~~ `~,~. i Greyhound Lines, Inc. Be~~-~ Tlap L-7 R RT3* ~ n 1 LEI ~AGµ ~..ro wa6~N-~_ ~- ~ ~lB t 3 "~ RT3 - ~ RT3 1,'~ 1 • ~ - 1,}~ ., Zoning with Condivons~'rotters, upen Space Pron~orion or PDH-2 Overlays 1 2 3 DATE REQUE7 10/22/88 Conditio Station 8/22/93 Alteratio 12/10/02 Rezonin Business Storage; 2/10/04 Modifica 10/10/88 Rezonin Conditio 8/14/89 Conditio 2/11/92 Conditic 10/27/92 Conditic 10/26/93 Conditic 4/25/00 Conditic ex ansi DISCLOSURE STATEMENT Z n APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist it necessary) GR ~.~ ~c~,~~r~ ~~ ~~ 3 rNc 2. List aU businesses that have aparent-subsidiary' or affiliated business entiy relationship with the applicant: {Attach list if necessary) D 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. N the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list it necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes v ~..~ ZI ~y ~y r Does an official or employee of the City of Virginia Beach have an interest in the ~'1 subject land9 Yes _ No If yes, what is the name of the official or employee and the nature of their interest? Condkional Use Pennft Application PeOe 9 of 10 Revised 7/3r20o7 DISCLOSURE STATEMENT GREYHOUND LINES, INC. Agenda Item 15 Page 12 ~-~-r V H .--~ W a W cn Z ~--.~ ~-'~ A 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: (Ariach 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. ' "Affiliated business entity relationship° means "a relationshlp, other than parent- subsidiary relationship, that exists when (i) one business entlry has a controlling ownership interest in the other business entity, (ii) a controNing 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 ine 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 Ad, Va. Code § 2.2-3101. CERTIFICATION: t cartiy that the tnforrr-ation contained herein is true and accurate. I understand that, upon receipt of notification (postc>aud) that the application has been scheduled for public gearing, 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 instructbns in this package. Tha undersigned also consents to entry upon the subject property by ~rtployeea M the DepaMrtertt of Planning to photograph and view the site far purposes of processing and evaluating this applicatan. Applicant's Signature Print Name roperty Owner's Signature (if diAerent than applicant) Print Name Candlional Use Permit Application Page t0 ar 10 Revised 7!312007 GREYHOUND LINES, INC. Agenda Item 15 Page 13 Item #15 Greyhound Lines, Inc. Conditional Use Permit Passenger Transportation Terminal -bus stop 971 Virginia Beach Boulevard District 6 Beach March 9, 2011 APPROVED An application of Greyhound Lines, Inc. for a Conditional Use Permit (Passenger Transportation Terminal -bus stop) on property located at 971 Virginia Beach Boulevard, District 6, Beach. GPIN: 24176597370000. CONDITIONS 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. I+ ' ..+' .,f +4..+ ~ w. rt 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council approval. 3. The non-conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag-type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. Awaiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant /owner shall provide a photometric plan for review /approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: 9. Three times daily - 6:35 am - 6:45 am, 12:20 pm -12:30 pm, and 7:20 pm - 7:30 pm. 10. All loading and off loading of passengers shall take place on site in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. Item #15 Greyhound Lines, Inc. Page 2 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 15. Thomas Wade, applicant appeared before the Board. B.A. Andrews appeared in support of this application. Tom Musumec appeared in opposition of this application. -61- Item K 2. PLANNING ITEM # 60717 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY Applications of 7-ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC (approved by City Council on March 27, 2007) at 2448 Nimmo Parkway (GPIN 1494637921;1494638788) re a retail center (DISTRICT 7 -PRINCESS ANNE) a. Modification o~Conditional Change of Zoning reformer Wawa site b. Modification of a Conditional Use Permit re fuel sales with a convenience store Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• William R. "Bill" DeSteph March 8, 2011 f I~ W W .. II ~I N WN i V~ Z~ - ~ / ^ 1 - +/c ~ ~ 0 0 Q ~- r - ~ i t ~~ `n u u u Y `j S = ~7~ ~ n, a u . ~ lJ iJ lJ ~ L`l. L~.l ~..L i_J u LJ 0 ~ lJ ~ ~-X ~ _ _ _ _ _ _ „~~ iJ ~ ~ iJ u J . . \ ,finn = Z = z V _ - - l~, x ~ Q r f' ~ , u G u ~ Z -L S = - ~ ~'~, '~ r j •~\ r ~ ti L~ u u ~~ u u `J .i f iyi. W O ~_ ~ _ s fff' ~ ~~ u u u Jf ~ i G S 2 (((fir/ !.~ _ LJ L.J u - 7 •,}r _ j L. L S Z S ~- L,'~~ i - u u u u u ~~ ~ ~ p T _ _~_ _ u u u u iu C': a 0 u u - v u .` _ r 2 = S Z u iu~ u iu - r '~ - ..~ a ~'~ N ~ a ,`~> C] _ _ Q _4 V ~.. ;~ S `T^ V Q /~ ~ V V ~~_ S = _ LJ t G't r '~-' " O c? '~7 U ~ 5 a r ~ _ _ `~~c~ ~ ~ ~ r_r u~~ ~^ ~ ~ _ _ _ "Z ^~ d ., ., ~~ y a -~ .. ~~ o ~~ o rJ N ~ ~ yT S Q ~O ~ ` V ~ ~ U ~ .. ° •o 3 0 ~' 4 Z ` y II O ^ d N y.. Z S HU G ~° '~ ~~ .4_ ~~ ~~ 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: April 12, 2011 ^ Background: The applicant is requesting a Modification to the proffer agreement of a Conditional Change of Zoning 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, with seven proffers. A modification to the proffers to allow development of the out parcels with a Wawa Convenience store and gasoline pumps and adrive-through associated with a restaurant was approved on March 27, 2007. 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 applicant and the property owner are now requesting a modification to Proffers 2 and 4 to allow a strip retail center, 7-Eleven 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. 7-Eleven, Inc. Page 2 of 3 ^ 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 10-0, 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 7-Eleven, Inc. Page 3 of 3 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. ^ 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 7-Elcccn, Lu. •'~ 'A ,•, AG1 •• 2 , ITA qi R1 ~ '.~ Gt_7II rIH 1. °GL AG1 '. AG' ' AG i ~ tO ~ , .inn - 1 • i AG2 $ AG2 . AG1 ~ AG1 AG2' °`~ ~`~~, AG2 ~ ~^; ' ., - Br . . ~(~ AGt e, . BZ• $1 a8 82; +4 ~'PO ~ ~ ~ . '~~ 02 Bi 02 81 . AG1 \~ ~~ , oz ~ , _ .y rw~.u.xe r owr:.,. vArr.. o,.. r CUP for Fuel Sa/ei - Convenfence Sfore y«"v'°""""'""'°r'r~i a.. r. ModNication o/ Conditlons February 9, 2011 Public Hea APPLICA 7-ELEVEN, IN PROPERTY OWNEF COURTHOUSE MARKETPLACE OUTPARCELS L.L.C STAFF PLANNER: Faith Christ 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 e 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", Page 1 Y-.~'-•~ ~ a. J- ~.~ ELEVEN, INC. Agenda Item 7 k ~.~: . t ,,> ':; r i ''' ~. ! 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 adrive-through associated with a restaurant. Proffer 2 referenced the conceptual site plan, which depicted the possible 7-ELEVEN, INC. Agenda Item 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, INC. 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. LAND USE AND PLAN INFORMATIOIN EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Princess Anne Road • Nimmo Parkway • Courthouse Complex • Vacant property /O-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 (CIP1: 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, INC. Agenda Item 7 Page 4 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 - 2,6Ci4 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 s - 1,468 ADT (81 AM Peak Hour/136 PM Peak Hour 7-ELEVEN, INC. Agenda Item 7 Page 5 Average Daily Trips s as defined by a Wawa Convenience Store with 16 fueling stations a 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 servEs 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 BeacF~ 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 maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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 (OPTED) concepts and strategies as they pertain to this site. 7-ELEVEN, INC. Agenda Item 7 Page 7 ~ k ~° ~'yc 1 r .. .~ ^~""a +.,,r ,Nw;,. '~~a..~~ AERIAL OF SITE LOCATION ~; 7-ELEVEN, INC. I~' '.~~~ Agenda Item 7 ~~~ Page 8 " ~ ,,, r. ~.., ~! ~~ s p pC ,[ W d ~,. t~ t 7 F , ~ ~ ~ 9a $ ~L Cj ~ W N U L1 $ k $ ' pl ~ Q ~ ~ ~ ~. L s- '~~ ~: tr :~- __ ~, ' .~.~« ~y3<1 µz£j1j J0 ~n ~ ~ m~m~s ups ~ ~y ~j+I ~F t ~F Q U'PZ 4[1~ ~ ~'(~"WMQ2 Q~ W y~C$1U EE OI1 Q $ ~~ ~ Si ~1 z K p~p~d ,lal(' p4W1p.~, UPaW0~('~1 p~lpl' ~ Q ry iif N NN ~ U' N ~ 0 "' l Q~ Q y y w p U1 _I ~ 2 9 7 N~/ y ~ t Q ~4Qtt'1~ F _ W 4W' $ ~ JI n Q Yf. d ~ Q Z ~' ~ ~ '7 '' 0.xx R lnR4 0 'UU ~ ~ ~ RL ~ Q Q V _ - d i \ _.. , __ 8 R - ___ ° €~~a ,: ~_~ 1~`1 \ ig i~ ~` ~~~ 1, E~~tI \\ 9 9 r r~ ~ i ` ~n I ~w X~Y n ~~ ~ ~ < R `` s 1 f~;Y ~ ~~ {t ~~ ~ i_ ~ ~ lis ~~ I ~ 1Y J \ ` ~1 _ ~t j; > ~~ i1 !x i , d c ~ ~ ... ~~ `, i `i ~ i I ~, ' r; ~/ Y ~ ~....a ~; ~r O z ~ ~ / ~/ OU ---t , ~,/~~.. ~~..~ .-° ~ ~ \ = 1 fir., l" o Q ~ 1 °" ,~._ "fit _ ~r 4 ~ ~ ---~ ----~ '' ~---- i -- .,, Sat ~' ~~ ~'F! $ s C ?\ n 5$5g$$.. N i ~ F; . 0 ~.~ 1 a~ - ~ ~~.. ;: ~~ , ,~~~777~// ~ Z ppp ;-~ ---- ~ - -- 14u (sY --------`--- - ~ ,_ ems. +.. ~ r O Y ~ i Ur A~ I PROPOSED SITE PLAN ~,~~ 7-ELEVEN, INC. ' `~ Agenda Item 7 ~ ~ `~ Page 9 ~~ ;' I T 4ri I.... ,.. ~"/J.f a i Y ~~ ~ ~I l J 0 W QQ J as a~ IWi- . ;Ul Y o^ - ~ Q>: 0 4 `W`+i a c~ Wm: Fiji: i' _' ~ W ~ t i W F J ~ W] ro [] '~~ ~. PROPOSED BUILDING 7-ELEVEN, INC. Agenda Item 7 Page 10 ~. PRINCESS ANNE nl~,i~ I-12 7-Ele~~en, Inc. h~a Nof `o scan ,. • _ ~`~~~ A v~ j ~/ •~~~ h5-70 t~B Lc s ;~~- 10 ~ ~ ~, ~~. ~ S .~rei, ~,~ 2 %; ~'~~ AG2 ~, _ ~ ~ AG1 ~ ~ ~ , ~' i / ~. A ° ~~'~ ,~ \` I~~ ~ B~ % ~ C ~~~ AG2 ~ r4, ti ~~~~., AG 1 pry. ~~ ',; i ~_ ~ {~ ~ ~ ~~ 2 B1 ~' ~: ~ ~ ~Vl~at~l v ~_ ~ N C ~" I '1 1' H~ HCD HGG ht ~{~ i,r~ K,.;., ~. H g/ -~. *.; ~ ~ ._ ~ H1FaM~C G~,HCD H f " ~ r~"~.JL `r f' ~~`i ((''~~ ~ ~~ H 9 i;~. HC ~ ff:~ „F~.~~ 1 C i ~~ ~ ~, 1 I G~ C L~ ~ `tif~~~ - ~ 'Zoning with Conditions~Proffers, open CUP for Fuel Sales -Convenience Store Space Promotion orPDHd Overlays Modification of Conditions HCD = Hisiwical and C uhn ra! District Overlay # 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 Rezonin AG-1 & AG-2 A ricultural and B-1 Business A roved 2. 5/10/05 Conditional Use Permit Communications Tower Approved 3. 9/27/94 Rezonin AG-1 A ricultural 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 Rezonin AG-1 A ricultural to B-1 Business Ap roved 7. 9/22/98 Rezonin AG-2 A ricultural to Conditional B-2 Business Approved ZONING HI STORY ~- ELEVEN, INC. ~'~ Agenda Item 7 '° ~r Page 11 I ~ ~~ ,. ;, ,' ~. 1~~ ~~ 1~~~ A tlr~ 1~~ w 1~~ A O DISCLOSURE STATEMENT APPLICANT D13CLOSURE 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 Jist if necessary) Applicant, 7-Eleven, Inc. 2. List all businesses that have aparent-subsidiaryf 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 D13CLOSURE Complete this section only N property owner is dfffen3nt from appUcant. 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 aparent-subsidiary+ or affiliated business entiy relationship with the applicant: (Attach list if necessary) ArmadalHofller Properties II, LLC fs the +00% member of the LLC Sae attadlad sheet for Ust of members of Amtade Hoffler II, LLC ^ Gheck here if the properly 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 offcal or employee and the nature of their interest? Motlficalion of Condlaona Aoppoaaon P.ya +0 or + t Ravlsed 7!3107 7-ELEVEN, INC. Agenda Item 7 Page 12 Applicant Disclosure Businesses that have aParent - 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 Ernpreendimentos Ltda. ------------------_-_.________ -.____.._-_-Brazil Cityplace Center East Corporation -----------__.______._w_______-_- __--~-_ Texas Cityplace Nevada L.L.C. ------------------- - ------Nevada Mefin Enterprises, Inc. ---------- ------ Colorado Phil-Seven Properties Corporation ------------------- ------ Philippines Puerto Rico - 7, Inc. ------------------------------------- --------Puerto Rico Sao Paulo-Seven Comercial, S.A. -----------------------------_______ ~_ -g~Zil 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. -------------------------------------~------- ----- ----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, Inc.----------------- MTA CAL, Inc. ---------------- The Southland Corporation--- 7-Eleven Limited -y-- - 7-Eleven Pty. ltd. ------ 7-Eleven Stores (NZ) Limited SLC Financial Services, Inc. - The Seven Eleven Limited ----- -______________ ~ ___-__-_. California -_____-_______- _~._..._._ California ___~-____ --____._.. ._._~-...__ Texas --------- ------ ------United Kingdom -- --------------- ----_--------Australia ------- _-----..».-------------------------New Zealand _-__---_--------_______~....._.._. -Texas _------------------..M_ -.~_---_--------------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, finandal services, accounting services, and legal sertices: (Attach list if necessary) Warhrn^ Ren4~l p -~ a~+ar Randy Hides - Arehitacts LeCleirRyan, a Professional corporation MSA Engineering -Surveyor Pioneer Title Armada Hofller Development Company, LLC d Armada Fbfllar Construction Company ' "Parent-subsidiary relationship" means "d relationship that exisis when one corporation directly or indirectly owns shares possessing moue than 50 percent of the voting power of another corporation " See State and Local Govemment Conflict of Interests Ad, Va. Code § 2.2-3101. s "Affiliated business entity relationship' means `a relationship, other than parent- subsidiary relationship, that exists when (i) one business erWty 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 iwo entties; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Govemment Conflict of Interests Ad, Va. Code § 2.2-3101. CERTIFICATION: I certify that the infonnadon contained herein is true and accurate. I understand that, upon reoefpt of notification (postcard) that the application has been scheduled for pubNc headng, I am responsible for obtaining and posting the required sign on the subject property at least 3t) 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 Piannfng to photograph and view the site for purposes of processing arxl evaluating this application. 7-Ebvan, Inc. Stephen R. Romine, Eaq., LeClsirRyen Nee s Signature Print Name Courthouse Marfcetplace Oulpercels, LL.C. Property Owner's Signature (if different than applicant) Print Name ModHkailon or Contarlons Applfcaaon Pepe 11 0l 71 Revbed 7/3/2007 1F~1 ~,...7 O 11~~ ~~ A l1~~ ~fl w ~t A 7-ELEVEN, INC. Agenda Item 7 Page 14 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) Wflnhns.in R~n1r N A -P~~rronf londar ' 'Parent-subsidiary relationship" means's 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 (ii7 there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and aaurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining end posting the required sign on the subject property at (east 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 sfte for purposes of processing and evaluating this application. Stephen R_ Romine, Esq., LeClairRyan Appl~s u Print Name ~ ~~~ Property Owner's Sgnature (if different than appticam) Print Name ~ ~ „ _ _ ., _ . x+oamcaaon of c:onangns rppscarwn Page 11 of 11 Revised 7r3r1007 !>•~ ~~~i l~ ~~t ~~ A O w ~~ V ~--. i[~! A 7-ELEVEN, INC. Agenda Item 7 Page 15 Item #7 & 8 7-Eleven,lnc. 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. 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. 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 (CPTEDJ concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 1 ABSENT 0 Item #7 & 8 7-Eleven, Inc. Page 3 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. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7876 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: April 1, 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 April 12, 2011. I 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 ~ 6 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 of ~201(~, 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 GPIN 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 quid ~ duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 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 d 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 d 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 6 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 By. (SEAL) Anthon P. Nero, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this ~~~ay of Q„ , 201, by Anthony P. Nero, Vice President of Armada Hoffler Commerce Associates, Inc., General Partner of ArmadalHoffler Courthouse Associates, L.P., Grantor. i7/] i'Yl ,. ~..:.:' ' Notary Public My Commission Expires: Notary Identification No.: x/30%/ ~1~Y~~~~ COMMONWEALTH OF VIRGINLA CITY OF VIRGINIA BEACH, to wit: ~~a€ss~r The foregoing instrument was acknowledged before me this a~ay of vE+.n 201 ~, by Anthony P. Nero, Manager of Courthouse Marketplace Outparce , L.L.C., Grantor. ~m Notary Public ~ rtx~~~ ",~ .; My Commission Expires: ~ C) Notary Identification No.: ~ iy i .~ ~y .~a e ,~ /~, ~~i(elE9®FN1~~!~,;z 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 "PARCELA-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. N0.20060202000188730) 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 Aprii 3, 2007, recorded in the aforesaid Clerk's Office as Instrument No. 20070409000470710, and that certain Declaration of Easements dated Apri125, 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 11, 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 ? U ~. W W Z z N WN 1 ~~ Z~ ~ ~ v ~i ~~ s .. w ~ r _T=T l 4 _ V ~ ~~ i_~ T a ~ ~~ T Q ~ i r r _ ~~ ,` `• 1~) lJ Lam: ~ y ~ ~`„ySlf.. • T _ i J J f~ V ~~ J CJ l~ i..V LJ Ll I ~ ' 7~.~'., . _ _) l_ r C r S .~ _ V L ,~ o .) L ~ _ _ ~ i f,• ~ ` 1. ~ t 1 ',• ~ T1 i ~ , O ~ ~ ~ T ~ ,_ ,._ • (~ _ t T_ _ _ ~+ _, _ r ~~ J ~ _ ~_~ - y~' _ ~~~ 1 __ ._ _. i r \ a _ -- .-~ ~ -_ _ ~~ ~ L ,J J~ ~ ', 'i r C, ~ ... h1 =-~--~-_~- -r [ i r~'~ r ~ _ V `~ ~ ; ` + a _ ~_ \ .~ u __ Z \ V e';'~ \ \~-\ .~ l ^C '~..+ ~ ~ 1 ~~ 0o A Vl x ,p 4 U ~ O ~ O U •O c~~S ~ O b L~ Q ~ at II N ~, G v, _ I ~- Nu' h 4 L + ,, ,l~j g~~~~vv;;°!' 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: April 12, 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: 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 recommends approval of this requested Conditional Use Permit with 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 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of 7-Eleven at Courthouse 7-Eleven, Inc. Page2of2 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 orone-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. Plan ing Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S ~,,,, , ~L PRINCE~,S ANNE ,~:, ~ 7-Elc~~cn, nc. .; AG1 • 2 • •'0~ R9 ~. ~ '•~ h5- i0 dli 1. 17A • A G ~' AG2 ~ ~ •~ gnu 81 . ' ,•= AG2 AG2 - AG2` A~ ~ AG1 ; AG1 _ ~~~~~. AG2 O ~` , ~ B~ . AG1 B2~ B1 N ~ s 8 B 2 '~~ 02 B, qh~ Bt O2 'PO .. G1 _ ,g~ ,. az A • y ~ loml~mn.PMM.. oP.~ 'z«m~wM CUP /or Fuel sales. eonvenienc,~Srore yu.. P,o:naian o. rta: o..,un tAodifica tion of Conditions H(,p. MYloekn I •ntl LuNM UK,n[, ~nrry February 9, 2011 Public Hearing APPLICANT: 7-ELEVEN, INC. PROPERTY OWNER,: COURTHOUSE MARKETPLACE OUTPARCELS, L.L. C 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 d6 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. i -*~ , _a , r. ELEVEN, INC. ~ ~.~ Agenda Item 8 ', `~ Page 1 t ~. } ~ ~~ ~..-~... 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. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South East: West: NATURAL RESOURCE AND CULTURAL FEATURES: Princess Anne Road Nimmo Parkway • Courthouse Complex Vacant property /O-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 Boo:h 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 (MTP1 /CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road adjacent to the site is a two-lane undivided suburban mayor 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 Parkwav/George Mason Dnve intersection if a traffic signal becomes warranted Traffic Engineering requested extension of this surety m 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 reauired 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 Parkwav/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) 3 Road Future Capacity 34,900 ADT - Proposed Land Use 1,468 ADT (81 AM Peak Hour/136 PM Peak Hour 7-ELEVEN, INC. Agenda Item 8 Page 3 Average Daily Trips s as defined by a Wawa Convenience Store with 16 fueling stations s 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 th~~ 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 thy: 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 sgnage 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 maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. 7-ELEVEN, INC. Agenda Item 8 Page 5 f . ,~ ~ . X'.. ,. ~~'_ ,vn. -~ .,fir a r 1~~ ' #~a tl• AERIAL OF SITE T-ELEVEN, Agenda ItE Pa ''~'~ ~:, JC. ~ ~'~ I n 8 is ~~ ~6 k ~! ,j~' „V 1 j ~r ~~ _.. ` ~ ~i1~ ~ 1 ~ ~ , \ w Y ,~ , 11 '~ ~~3 Q 1 . YY l 00 yy 1 , d Y , t} LL ~ yA y o ~ zO ` ;11 ~ ` ~ ) ~ J 3 ~~~ ~/ ~ ~ ~1 l - ! - ~ C O Q S J z tR~ 1 A' Y~i ~ ~ i/ J~ _ z ~~ - a ne ww 9z ~°"' WW~U_~ Z I z v T` ~ > ~~ .. -__... ~ RLL ;: ~,_ r ~~ £ ~~ / I fr ~. - __ __ ~ y v - N -`~- - ~ _ F 1 ~~ ~- ~-__ .r W f ~~~ I 7 ~1 1 .»~, i" Si r~- ~: ~ O N PROPOSED SITE PLAN .~ • , ,•~ ~ w Q ® O '° 4 N N e~~ v <` »Q ~ nW ~ V y Ql if ii k ~ ~ WJJ uNu O p ~ Ll 4Q1 p 1f1 IL (~ C~ ~ ~ F ~~ Y ~UU JlJ~2Z4 N } Q N pry Q 111 I.j ~ g7 ~ €- F ,'' ~ S n Ri n ~j' ~ i- 7 ~, 0 0 1L~ ~ N `~ V p ~ ~ Q w I^ '~ FFE z;( i ~' N.n « lvjN 1~ N QmNd> ~ W K Vl ~f ~~t P~ ~ ~ n m U p 3 ~ Y { ~ D O N ~ ~ J» ~ y ~ ~{ a. . Q~ ~ ~ ni ~~ry JO OQ p51u Y d a ~~z ~ nl w W<WWZy a ~N~~p~, _n~'a" 8 tn ,n Z <WWW< ~I~~dU~d Q JJN'+0 3 3 ui~'~°- QpQp~~Y~ UW VWQ-F u~ D o R~ Y < Q_~mwWm~u°; ~_ Q'~H t N _J _J Q ~~~F Q 4 I: Il ~ d d 0 ~ W 0. ~ ~ ~ ~. O d ~ ~ ~ ` R 5~ „M,., d -- ~ ' ~ : ~.r_ - , ~ ~ ., nawaleM~'~rfvn~` . IsAe / ~ ~ f, ~ ~~fi~ ~•(R iyy w-~ i ~~~~ pz` .G I ~~~~~ ~~' ~~~gx H< ~~ ~S YF~Jr~ ari S q ~ ~~~~~ ~ r ~ .,~Y ~~ rz ~ ~4~' ~ Y~~~ ~Y~ sk ~ ~, @~ ~e s~ ~~ 3~?'•e~ j ~ €~ ~ ~ ~~ ~ til ., .~ , ~; 1 ;, '. ~ ~. ~= - - _ ~~, _ ~ __ ~~ ( \ ~_ ~~1~YY Z ` ~ qtr 4 W ,~ 7-ELEVEN, INC. ~ I Agenda Item 8 ~ ~! Page 7 } ~~ 1 k a 0 ^ Y I , Y ~ i ~~ , t W aQ ~J as o~ =WZ_ elp Y 60 ~ •_ . ;' i J p Q J ~ s ~F s: t ~W~<' ~ e~ Wm: ,_ U1 . i~ ] i. F ' Z ~ ~ a W ~ ¢ i ~ I> W f- J ~ W] ~0 V PROPOSED BUILDING ELEVATION ~' 7-ELEVEN, INC. Agenda Item 8 ~ Page 8 ._~ ~> x ~, ~~ PRINCESS ANNE ~t~,i~ r-~z 7-Ele~~~en, Inc IU'a N, 1, ,. -: , ~_ . - - ~~~ - ~ r ,_ H .L ~~ yS •a rec;• ,, ~2 .~`F ~~ A~2\\ A ~, 0 ` I,,_ _ ~-~ L~ p ~;~ • c I t~ L7~:; I ~~~~ AG2 ~ /~ ~ ~~ N~ ~ r / { y, i o ~; ~ r /~ H~ ~ ~~~ , _ , ti: ~c~ H f O n- tr` ,.W c n ~~ ~ ~ ~ H L. 1 + , Hv H L ,~} I - i. u ~ ~ ,. ~' ~ r .F~ H HC~H~C' k' 1 ii •. ..Y t' r", h t - nI~~ C. H~ CC Cr}F`D I C 1 Y>, i :.;., I er: ~i " ~4 /''~ .., 'i HG[!ki'' Hi, hi~i H4C... t L h"i~ ~ ' B~- f± + ` h'. r L. ~~ 3 ~ -~,A~':: ~ _ _ L ~~„~-.~, y H~~, t H ~AG~~ ~ ~ ~ m~ ~ ~ ~ t '`~ ~ .` ~' ~~ t n. Cf.-, o 'Zoning witl~Conditions~rrotters, open ~,vr rvr ruer .~ore~ - ......•...••..••.... •---- Space Promotion orPDH•2 Overlays Modifieaflon of Conditions HCD -Historical and Cultural District Overlay # 1. DATE 3/27/07 REQUEST Modification of Proffers and Conditional Use Permit (Automobile ACTION 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 Rezonin AG-1 & AG-2 A ricultural and B-1 Business A roved 2 5/10/05 Conditional Use Permit (Communications Tower) Approved . 3 9/27/94 Rezoning (AG-1 A ricultural to R-10 Residential) Withdrawn . 4 2/12/08 Modification Approved . 10/26/93 Conditional Use Permit Church A roved 5. 10/21/85 Rezoning (AG-1 Agricultural to B-2 Business, Modified to B-1 Approved Business Approved 6. 8/9/95 1/19/81 Modification Rezonin AG-1 A ricultural to B-1 Business 7. 9/22/98 Rezonin AG-2 A ricultural to Conditional B-2 Busi Approved Hess Approved ~~ ZONING HISTORY s 7-ELEVEN, INC. Agenda Item 8 Page 9 +; '; :. 4~., _'_ ~.. ~ ~~ O 1L~ 0 w O dal 1~~ F~ O DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Applicant, ~-Eleven, Inc. 2. List all businesses that have aparent-subsidiary' or affiliated business erttity2 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 Comp/efe this section only if prope-ty owner is di/ferent 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 Lability company Dania) A. Hofller, Louts S. Haddad end Anthony P. Nero, Managenr 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ArmadaMofller Properties 11, LLC is the 1 i>~ member of the LLC See attectted sheet for Nst of members of Armada Hoftlar II, l1C ^ 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 offiaal or employee and the nature of their interest? ModfM,aOa~ W Condlflan~ Application Pays 10 of t t Ravlaed 713!07 7-ELEVEN, INC. Agenda Item 8 Page 10 Applicant Disclosure Businesses that have aParent - 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 --_____-__--~ __- _-__-- phillppines 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. ------------------------------------ -------------- Vrginia 7-Eleven Sales Corporation -----------------------_ __ -__~- ______ Texas 7-Eleven Canada, Inc. -----------____-___-________________ ____________--_________ Canada 7-Eleven International, Inc. ---_----- ----------------_-_ _-_--__-_______ Nevada Southland Intemational Investment Corporation N.V. -------~ ~------- Netherlands Antilles 7-Eleven Sales Corporation -------------------------- --------------__--------- Texas TSC Lending Group, Inc. -_-_----------------------------- ------- -----Texas Valso, S.A. ----------__-___-_---~-~______-_- ____--_-_________ Mexico INACTIVE: Lavicio's, Inc.--_ ----___-_____-_--______ --__..___.~____Californla 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, finandal services, accounting services, and legal services: {Attach list if necessary) _: taChovia.Baolc, u e _ ..,e.a ~srv~r Randy Hidrs - Ardtitecls LeCleirRyen, s Professbnal wmoration MSA Enyineerinp -Surveyor Pioneer Title Armada Hotfler Development Company, LLC 8 Atmade Hofller Construction Company "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 Logl Government Conflict of Interests AG, 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 afflliated business entity relationship include that the same person or substantialty the same person own or manage the two entities; there are wmmon or commingled funds or assets; the business entities share the use of the same offices or employees or othervvise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship beiween the entities 'See State and Local Government Conflict of Interests Ad, Va. Code § 2.2-3101. CERTIFICATION: I certify that the infortnadon 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 postlng the required sign on fhe 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 empkWyees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this applicator. 7-Eleven, Inc. Stephen R. Romine, Eaq., lsClsirRyan lice s Signature Print Name Courthouse Markedlace Outpercels, LLC. Property Owner's Signature (H different than applicant) Print Name Modilfcatbn or Cond70orn Apprkatiort Pryo 11 0/ 11 Revised 7/3/2007 ~~ LII~ lL~ ~^' A O ~~ ~~ ~~ A 7-ELEVEN, INC. Agenda Item 8 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: {Attach list if necessary) Warhnvin R~nk~ A - r•~ vron} lanrler ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation ' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entties; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the iniomiation 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 pubNc 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., LeCleirRyan Appliperyt's ,S~~igpatu~ Pri~ e r~~ (~l1J._ 1(\~/~ Y CI -III , Q.1 ~ Property Owner's Signature {N different than applicanq Print Name ~ . envwncaavn or wno¢ions nppicairon Page 11 at 11 Revised 7/3/20D) i~~! ~,..~ Icy 1~ Icy ~~ w 0 ~~~ i~~ ~~ A 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. 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. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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 (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 1 ABSENT 0 Item #7 & 8 7-Eleven, Inc. Page 3 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 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. -62- Item K3. PLANNING ITEM # 60718 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO April 12, 2011, BY CONSENT, Ordinance ~ uth Witchduck Road I (GPIN~I46~~73L757)r a(DIST1RICTl 2 se Permit re a tattoo studio at 92 KEMPSVILLE) Voting.• 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" De5teph March 8, 2011 U .a a s~ • ~I TT~~ V1 • ~ 'vV TT.~ V1 W ~~ F ~^ ~•\_ Vj r^~, F~ ^^ ~1 W~ 0 d w O i a ~, ., H w.. ~l H .~ V 0 V y~ T . Nu ((~4 ~~ (' wse• llw ~no'a~ 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: April 12, 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 property has a split zoning of B-2 Community Business and I-1 Industrial. Uses along Witchduck Road are retail and office. The rear of the site consists of office and warehouse uses. 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. ^ Considerations: The proposed studio will be located within approximately 2,111 SF of lease space in a retail strip center constructed in 1977. There is ample parking on the site for patrons and employees of the retail center and tattoo studio. The site is road-locked between I-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 Strategic Growth Area 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. This request meets the requirements of Section 242.1 as the studio is over 600 feet from the closest school or residential district. Therefore, staff recommends approval subject with conditions. Stain Studios, LLC Page 2 of 2 There was opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 6-5, 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: S t~ . ~Z 4 FAIPS\'iL1.F ^~~~~ ~~ - Stain Studios, LL( ,, : , ~ n J,._'. f - - l :, - _~ ;_ :, ~~ ss ~-1 02 ~I ,r~ G- 13 ~ ~, ~~~`, ;, , %~_~A ~r rr` R10 ~~ ~~ ~1o.,.g.m~~.,,.,rn...,v~k... ~~M. CUP /or Tattoo SNdb f/rxr Prorinti.+n o.1'IM~•: ~MrNy~ REQUEST: Conditional Use Permit (tattoo studio) ADDRESS /DESCRIPTION: 91 S. Witchduck Road February 9, 2011 Public H APPLICA~ STAIN STUDIO: LL PROPERTY OWNEF MERITAGE WITCHDUCK, LLC STAFF PLANNER: Karen 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 I-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 DIOS. LLC ~ ' 1- y.,....u .....,. .., Page 1 9 ~ 1 < Q" ~ q i _9 4 . .,i, a.( 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 / I-1 and I-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 I-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 aSchool-to-Job Training and Continuing Education for the workforce. Physical improvements include abike/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 afour-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 asix-lane divided roadway on a 131 foot right-of-way from I-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 I-264. Improvements to the Cleveland Street/Witchduck Road intersection are anticipated. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Witchduck Road S 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 : as defined by average retail 3 as defined b tattoo studio WATER 8~ 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 I-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 maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certibcate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. STAIN SfiUDIOS, PLC Agenda Item 13 Page 4 600-FOOT RADIUS FROM TATTOO STUDIO TO CLOSEST LOCATION CRITERIA FEATURE (other tattoo parlor, Apartment or Residential zoning district, or school) STAIN STUDIOS, LLC Agenda Item 13 Page 5 -~-•Y ~, ~ ° ~ 1 a ^ ~ , I ~~ -.. n .^ .~ ~ ,,z ~ . ,. ~ f! 4 ~, ~~ .:~~ ~ ~P* ~..~, ~ ! .~1~ ,<~ ;r ~ ~ ~l< ~~~~`~ r d • i '}~ I`~, `~ y a. t'~y~ ° a . ~` , ,. - s { • _„ AERIAL OF SITE LOCATION STAIN STUDIOS, LLC Agenda Item 13 Page 6 p~p~ ~~at~0 ~~~ ,F ~, .- Stain Studios i I-22-10 EXHBIT A SITE PLAN 0 PROPOSED S STAI ~ r ~ru~ r UDIOS, LLC "- :nda Item 13 Page 7 ~ i ,,..~_ K - - __ _ . .. .-: ri- ' ~ 4., p4~~-.3,. ~ ~.R* ~'~"~ vy ~ '' ~'~+eri'n'xr ti ` d ,,,.•t,la~ ~: ~~ s-- ~, 9~+~' r'Pr .,~ ,w „rc _.::•~. j: ~{!Y R "}~+s. "R ~,.'l ~.~' ~ ... _. ....rte. ~ J ~~ ~ ''~'q'R+b ~' m , - 4 ~ 4 t *~y, 'd" a ',. ¢ e~' $,r°' 2 f 3rw t ' - r ~~ KEi\IPSVILLE nl~,h D-~ Staln Studios, LLC # DATE REQUEST APPLICANT 1 04/13/10 Conditional Use Permit tattoo arlor Withdrawn at CC 2 11/22/05 Conditional Use Permit tattoo arlor Denied 07/11/01 Conditional Use Permit tattoo arlor Withdrawn before PC 3 06/24/03 Street closure ortion of Denn Lane Granted 07/01/74 Street closure ortion 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 salva e, scra or ~unk Granted 02/26/91 Conditional Use Permit rec clin center Granted 6 07/09/90 Conditional Use Permit car wash Granted 7 04/18/83 Conditional Use Permit bulk stora a Granted ~~. ZONING HISTORY ,Ac STAIN STUDIOS, LLC Agenda Item 13 Page 9 ~~~ OUR ~.'Z~eJ.~ ' Zonirr~ whir Corrdhiorrs Proffers. Open C fJP for Tattoo Studio Space ProrrroNon or PDH-I Overlays 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) S`fA IrJ .Stix~+OS ~ ~ t; Q~.IA~,-t ~d~~ ~A-.-1 Syd~t~ klYlhl ~Tt~2- 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) STalas ST'UDt05 L~- L ^ Check here if the applicant is.NOTa corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the properly 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) n1EQtrA~ - wirt:t~Duct~, ~~ c 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) N ~<! ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an offical 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 PemiltAppYcation Pape 8 oT 10 Revised 7/3/2007 O ~--~ c~ a a-~ w w z 0 A Z O V STAIN°,Sl'UDIOS, LLC Agenda Item 13 Page 10 0 r~ w ~r Q V DISCLOSURE STA'TEMEN'T /1DI~ITIONAL IHSCLOSU~s List all known contractors or businesses that have or will provide services with rospect ~ the roquest3ed property use, inducting but not limited bo the providers of architectural services, real estate services. tinandal asrvitxs, aocourrting services, and legal aervic~es: (AMwrn Itst ff necessary ~~~ st~ltC.F.S - MSG kutiAt. ''Paront-subaldiery ralaRbnship' means's relefbrrsl~ that axlats when one oorporatiwr direcly or indirsrdly owns shares possasirp mss tlran SO percent d ttre votlnp power d andher corporatlon ' Sea Stab and Locd Caoverturrent Contild d lnbrests Act, Va. Code $ 22-3101. :'AfiI1eMd buslnas engty rsistlorrstrtp' means's rslagorahlp, other tlurr psJerK- sut»ktiary relationship, thst sdsts when (~ one busirrsa ensly ha a contrdMrp ownership krhsr+est kt the other bus(rrass er~y, (Ii) s oorrhra~inp owner in ores entky is also a oorrfrollYrg owner in tlrs ether srtfdy or (Yl) then N ahsred nrarrapsmsnt or conbol lrstwean'tlrs hoer mass entltia. Factors tfwt should be oortsidsrsd >n delarmining the axtstenoe of an sMiliatsd Drulnas erMky rshr6orurhip krdudatlrat the same peraort or wbstantlatiy the same person own or manage the two srdltss; than era common or oommirtpisd funds or assets; tlta tarskras entrNa share the use d the same ottitxs ~ employees ar aetsrwiea share adMtiea, resource or persomel on a reprrler basis; or them Is ottrarwke a dose working ralagonship between the srdMiea' SN Stets and Local C3ovsrnmart Cordlkt d Irderestc Act, Va. Code $ 2.2-3101. CERTiFICATIOIi: t ardy tlret the krfamation ooniained haetn b true and acetate. I rarderstand that upon receipt d nottfirmlfon (postcard) that ere appscason tars been edr.duled t~ public ~s7, I sm rseponeibk for ot>Wnkrg and posting the regrdrod sign m s,.subject property d last 30 days prior b tre schsdrraed P~ ~g erg b the ka4udions N Uriss package. The urrdsrsipned also oorrarrts b entry upon the sut>jers property by enployas etth~ Dapertrnarrt at Plsrsyrp b ptratograph and vkiw the sae br purposes of proosasktg and ewArsdrrg this apptiafkxr. ~~ ~~3Z Marne /4~z~on1 Pelf t~rint rVarne ~.~ Pty 10 d 10 RfarWd 7Ar1007 STAIN STUDIOS, LLC Agenda Item 13 Page 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 Deportment 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 (CPTEDJ 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-S, the Board approved item 13. Sean Sweeney, the applicant appeared before the Board. William Bischoff appeared in opposition. .~ ~ M~ `~ 4~ `MIS 1 • `~ W J ~' u W ~*~' 4! S 4 C5 a,,, `~ ,~ ~ ~~ ~= ~° N ~' Q N~'~y ~~. u ~J'~s, ~'p~ `YV~~v" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BUDDHIST EDUCATION CENTER OF AMERICA DONG HUNG TEMPLE, INC. Conditional Use Permit, religious use, 423 Davis Street (GPIN 1467493165). KEMPSVILLE DISTRICT. MEETING DATE: April 12, 2011 ^ Background: The applicant requests a Conditional Use Permit to allow development of the site for a religious facility. The applicant proposes to use the existing one story structure as the residence for the monks and the existing two story structure on the site as the temple for worship. The following religious services are to be conducted daily. Temple will be open from 9:00 a.m. until 9:00 p.m., seven days a week for individual worship and counseling. Weekly worship services are held Monday from 7:00 p.m. until 9:00 p.m., Tuesday from 7:00 p.m. until 9:00 p.m. for education and Thursday from 7:00 p.m. until 9:00 p.m. Funeral and emergency matters will be conducted on an as needed basis. There will be no employees. The applicant proposes to make the following renovations to the site in phases. In Phase I, a one story addition is proposed to enlarge the temple suitable for worship and add a restroom facility. A one story kitchen addition is also proposed for the monks' residence. In addition a parking lot is proposed to accommodate 30 vehicles along with a Zen Garden for outdoor meditation. Phase II shall include a dining room and living area addition to the one story monks' residence. Also proposed is a new building to be known as the Great Compassion Hall with additional parking for 18 vehicles. ^ Considerations: The proposed use is generally consistent with the land use principles of the Comprehensive Plan and reflects appropriate height, scale, and mass between the proposed building environment and the adjacent residential area and uses. Staff recommends approval of this request with 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 10-0, to recommend approval of this request to the City Council with the following conditions: Buddhist Educational Center- Dong Hung Temple, Inc. Page2of2 1. Obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for a religious facility. 2. With Phase II, curb and gutter may be required. 3. Submit a site plan to the Department of Planning Development Services Center for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front yard, rear yard and side yard setbacks. 5. Submit a photometric plan for review and approval. ^ 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~ .~~ 11 March 9, 2011 Public APPLICANT,; ~, BUDDHIST '~~ EDUCATION 'I CENTER O~ AMERICA -DON HUNG TEMPL INC PROPERTY OWNEF REQUEST: Conditional Use Permit for Religious use ADDRESS /DESCRIPTION: 423 Davis Street MOY FAMILY, LL STAFF PLANNER: Karen Prochi~o GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 294 square feet 112 AICUZ: Less than 65 dB DNL 14674931650000 , SUMMARY OF REQUE The applicant requests a Conditional Use Permit to allow development of the site for a religious facility. The applicant proposes to use the existing one story structure as the residence for the monks and the existing two story structure on the site as the temple for worship. The following religious services are to be conducted daily. Temple will be open from 9:00 a.m. until 9:00 p.m., seven days a week for individual worship and counseling. Weekly worship services are held Monday from 7:00 p.m. until 9:00 p.m., Tuesday from 7:00 p.m. until 9:00 p.m. for education and Thursday from 7:00 p.m. until 9:00 p.m. Funeral and emergency matters will be conducted on an as needed basis. There will be no employees. The applicant proposes to make the following renovations to the site in phases. In Phase I, a one story addition is proposed to enlarge the temple suitable for worship and add a restroom facility. A one story kitchen addition is also proposed for the monks' residence. In addition a parking lot is proposed to accommodate 30 vehicles along with a Zen Garden for outdoor meditation. BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. Agenda Item 11 Page 1 y9 ~~ ::c~`i~w~* i. ~~ ~^ ` ;; ..~sa.,,~ ~ ~ Rn~lrlhict F(~IIPAfI(111 Center of America Phase II shall include a dining room and living area addition to the one story monks' residence. Also proposed is a new building to be known as the Great Compassion Hall with additional parking for 18 vehicles. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single family dwelling and an additional structure occupies the site SURROUNDING LAND North: Multi-family dwellings / A-12 Apartment District USE AND ZONING: South: Single family dwelling/ B-2 Community Business District East: • Davis Street Single family dwellings / B-2 Community Business District West: . Multi-family dwellings / A-18 Apartment District NATURAL RESOURCE AND The site is residential in design. There are no cultural features or natural CULTURAL FEATURES: resources associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Furthermore, the Comprehensive Plan reinforces the suburban characteristic of non-residential areas within the Suburban Area. This is accomplished by providing a high quality and attractiveness of site and buildings and compatibility with residential uses with respect to the type, size, and intensity of the proposed use and effective buffering. (pp. 3-1, 3-2) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): The request of a conditional use permit for a Buddhist temple does not exist In the ITE Trlp Generatlon manual. The trip generation rates for a church on a Saturday were used instead. The site is located on the west side of Davis Street, a two lane local street. The conceptual site plan shows one unsignalized entrance on Davis Street. Davis Street is not mentioned in the Master Transportation Plan and there are no CIP projects on Davis Street. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Davis Street ADT 6,200 ADT (Level of Existing Land Use - unknown Service °C") ' 20 ADT ~- d U d L (Level of 9,900 ADT se an Propose Service °D" / Ca acit 82 AqT Average Daily Trips s as defined by 2 dwelling units 3as defined b 6,900 SF tem le and 1 dwellin ulnit BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. Agenda Item 11 Page 2 The preliminary site plan shows a 24' wide entrance; Public Works Standards require a minimum 30' entrance for non-residential uses. To comply with the Public Works Standards and §5 of the Subdivision Ordinance as well as to match the adjacent property to the north, right-of-way improvements including sidewalk and curb and gutter will be required. Additional comments will be forthcoming during site plan review. WATER: This site connects to City water. There is a 6 inch City water main line along Davis Street. SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #007 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 10 inch City sanitary sewer gravity main along Davis Street. STORMWATER: Develop a storm water management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The storm water management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. The Preliminary Site Plan (Phase I & II) Exhibits do not show storm water Best Management Practice (BMP) with the proposed modification. It should be recognized that approval of this exhibit does not permit the exclusion of installing and adequately sizing a BMP for the site. EVALUATION AND RECOMMENDATION The proposed use is generally consistent with the land use principles of the Comprehensive Plan and reflects appropriate height, scale, and mass between the proposed building environment and the adjacent residential area and uses. The plan should incorporate design guidelines presented in the `Special Area Development Guidelines' outlined in the Comprehensive Plan Reference Handbook for site design, screening, landscaping, and lighting guidance of non-residential uses that adjoin residential areas. Staff suggested redesigning the location and circulation of the parking lot to improve the appearance and function. This suggestion has been taken and revisions will be included at site plan review. Landscaping should be strategically located to provide visual relief, shading of the lot, green areas, and screening while insuring that lines-of-sight are maintained. Additionally, all outdoor lighting should be of a design that provides sufficient illumination for the use without projecting light and glare onto adjacent properties. Lighting for the proposed use should be designed as an integral part of the architecture to be as unobtrusive as possible. Staff recommends approval of this request with the conditions below BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. Agenda Item 11 Page 3 CONDITIONS 1. Obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for a religious facility. 2. With Phase II, curb and gutter may be required. 3. Submit a site plan to the Department of Planning Development Services Center for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front yard, rear yard and side yard setbacks. 5. Submit a photometric plan for review and approval NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. Agenda Item 11 Page 4 AERIAL OF SITE BUDDHIST EDUCATIONAL CENTER - DONG HUN ~EMPLE, INC. lenda Item 11 Page 5 y i ~~ ~ ~ I, ~mn •,w.. 1~3kj f~ ,~ _ mm _~__~__~__ N19 ~170~ MvT~tNt ~ ~1m1~Y t ~'~ }-_.- EXISTING SITE LAYOUT ,,~ BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. I! I , Agenda Item 11 Page 6 ~ii ~~ ~~~ t ~~ A I . • ~t~ O~IMl14 1 ~ -~r~.,~~ _~~ I ~• I ~I ~i, 111 }~ j __ ~_-__- -. PROPOSED PHASE I SITE P BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, Agenda Ite x ~ a:a -. ,`= ~~ F. ~~ 4N NC. ~ 11 ~I ~e ~ ' ' ~I " I _. II rxKra,r. ~ cnNp B ~gBRErut~CNs wa moan '-, ~ _ . esdss ~i aT la lpYP ~..~_~.__~. ~ ~ ~T~il ~~ ~ ~ .~ ~ , __ ~~i_ - wa r~ E w: a,muw _, ._ ion ~, tv .~ *~ _ _ .aue,t .~, wr+artl ~=~ wu[ _ ~~ N rm rK 1. SIA iMaO{L i OM Ui Ia0 Qr LA1 Nt ~ ,t, ~+~ RD•1 Yw~lf atF ,01L ao wtl ~,ucr u PROPOSED ~CGENG PMSL II L~Y0.sT K'_l' N~TCS p av,»..~..~, a..s O ~~. , aiaeua a ,ai++~ w~ ao t7c+ kassrr awu~ M Ce+t ta67RIPa a[ ^a 9MOal a % »a, a m.oa wo,aoso w ~ i r r tua rvx ~ "m - ou~uc x+LL • w arc ~ . ima+a. otwe s+u +w t use PROPOSED PHASE II 'LAN ~ ', BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. ~' Agenda Item 11 ~ Page 8 ~ I~ i. u {,~ .. LL F. N Z ?Z~ v ~ L+' ~J ~ J W Q Q ~ Z W O Z ~ UI ~ O d a' p ~I U w F- ~' Q ~ W o ~ ~ (~ m PROPOSED BUILDING ELEVATION BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. Agenda Item 11 Page 9 °~ ~•.. ~.~~ <._ w ~% ~ ~~ -~ ddhist Education Center of America MPSVILLE B KE u >`~.~,~ ~'-~ Dons HunU Tem ale Inc. Ma No' ~ ~- - - ~~~ ~ A12* ~. , - ~: CT - , ~ -, ~ , 1 b~USS ~ ,~ y . , , ~ _. ,F ~ / t~ 7 ti ~ + . .~ ~ . , // ti es ea+ # ~' .~~ ~ ~; ~~' ~ '' ~ ~~ ~ ~ ~TF~CT `r M ~ 1 . r ~ D ~ ~ ' f .• 1. j 1 ~~ Jl~~ I~ ri _;4~ ~ ,, ~ ~~,, . EC i , ~ ~ ~ ~ ' ~ , ~_ . ., , A18,~~`, ,' , , -~ ~IQ, i ~ r _ ~ A~ ~ 1 ~ x ~ '~ ~_ ~` _,-~ ~~ r ~ ~ ~ t , ~ '; i '~/ , .rte ~ 3 r ~~ ~1 A '~ ~ "~ ~ ` ~,. ~ J '~ i ~ , .. N~4 ~ ~ -', e~-0~~ r' f ~ ~ ~. / ~xroM oa ~ -~ I ~ ~ - 'Zonlny wlrh Condhlons;Proffers, Open CUP f01' R2/IgIOUS IIS@ Space Promotion or PDN-2 Overlays ACTION # DATE REQUEST t d G 1 12/03/2003 Non-conformin ran e d t G 2 03/27/2001 Conditional Use Permit Church ran e nted G 3 05/09/2000 Conditional Use Permit Bulk Stora a ra Withdrawn before CC 4 08/27/1996 Conditional Use Permit Bulk Stora a ted G 03/09/1994 Conditional Use Permit Auto Sales ran t d G 5 02/11/1992 Variance ran e ted G 12/12/1983 Conditional Rezoning (B-2 to A-1) ran 6 09/17/1991 Conditional Use Permit Rehab Center Granted 7 08/24/1987 Conditional Use Permit Stora a Yard Granted 8 02/04/1985 Conditional Rezonin B-2 to A-2 Granted 9 03/16/1981 Conditional Rezonin (B-2 to A-1) Granted ZONING HISTORY BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. Agenda Item 11 Page 10 ,, ._ .. L- .E. i' , ,- 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) Buddhist Education Center of America Dong Hung Temple, Inc.(a non-stock corporation) Thanh Secretary; Tien Minh Le -Treasurer 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N!A ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) Y, Moy Family, LLC; Conway C. Moy- Managing Member: David C. Moy-SeclTreas; Members: William Y Moy Lucy M lane David C. Moy, Conway C. Moy, Marvin C. Moy and Woo C. Moy -.a 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N!A O 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? N/A Conditional Use Pernik Application Pa~8or10 Revised 7!3!2007 ~--~ r~-~ w c/~ ~--•r I"~ ~--~ A O V DISCLOSURE STATEMENT BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. Agenda Item 11 Page 11 V ~-.. F--+ W W c/~ z ~~~ Q O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES l_ISt all known contractors or businesses that have or wdl 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 serviies (Attach list if necessary) / .TChn ~' r7£ ~ ~r~ . ~ff,,nA F,. A',Pfrcd,t-~ _ znut "Piro' M;Jrrir, 1~;.~1 Sjlr1~G ~ Fr ~is~it.-o~ - ' "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 Slate and Local Government Conflict of Interests Aci. Va Code § 22-3101 Affiliated business entity relationship means "a relationship, other than parent- j subsidiary relationship, that exists when (i) one business entity has a controlling ownership ~ interest in the other business entity (ii) a controlling owner m 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 determirnng the existence of an affiliated business entity relationship include that the same person or substantially the same person I own or manage the two entities: there are common or commingled funds or assets; the i I business entdies share the use of the same offices or employees or otherwise share activdies. 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 ~s 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 (east 30 days prior to the scheduled public hearing according to the instructions rn this package. The undersigned also consents to entry upon the subject property by employees of the Department of ' Planning to photograpn and view the site for purposes of processing and evaluatrng this applicaton. ~ $~dd4,:t~ F utitirv~rut'it ~~lvnaritd I)cn~ fdiAn~ ~rq~t tZnG i Appl ignature Print Nam i I I Propert Owners 5ign~t'ufe (it different than applic nq Print Name a ;:~no~banai Use Permit Appi~ca4on Page t0 of t0 Rewsetl 7~'/200i BUDDHIST EDUCATIONAL CENTER - DONG HUNG TEMPLE, INC. Agenda Item 11 Page 12 Item #11 Buddhist Education Center of America -Dong Hung Temple, Inc. Conditional Use Permit -Religious Use 423 Davis Street District 2 Kempsville March 9, 2011 CONSENT An application of Buddhist Education Center of America -Dong Hung Temple, Inc. for a Conditional Use Permit (religious use) on property located at 423 Davis Street, District 2, Kempsville. GPIN: 14674931650000. CONDITIONS 1. Obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for a religious facility. 2. With Phase II, curb and gutter may be required. 3. Submit a site plan to the Department of Planning Development Services Center for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front yard, rear yard and side yard setbacks. 5. Submit a photometric plan for review and approval. 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 (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE Item #11 Buddhist Education Center of America - Dong Hung Temple, Inc. Page 2 RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 11 for consent. John Stephanovich appeared before the Board on behalf of the applicant. '~V ``. ~~ a 0 a~ +~ 0 U W J ,~ YI a W Q 3 V V 0 0 H N ~ j 04 (~ N 0 _~ a ~o ~~ 0 U _O w -~ ~~ ~y~ 04 '~ ~~ ~ ` - s~ 4: -- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRAB POT SEAFOOD T/A WICKERS CRAB POT/RAY D. WICKER, JR. & MICHELLE R. WICKER, Conditional Use Permit, home occupation, 3537 Byrn Brae Drive (GPIN 1447903402). KEMPSVILLE DISTRICT. MEETING DATE: April 12, 2011 The applicant has requested a deferral to the April 26, 2011 City Council Hearing. ^ Background: The applicant requests a Conditional Use Permit to allow the applicant to operate 2 crab boats, for profit, from his residence on the Elizabeth River. The applicant employs 1 person who arrives at sunrise and typically departs at 2:00 p.m. during the crabbing season which, according to the Virginia Marine Resources Commission, is typically April through November. The application states that all crabs caught by the applicant are delivered to various commercial operations such as the Willoughby and the Harbor Park Marinas, where they are all off loaded. No retail sales or pick up occurs at the applicant's residence. The applicant moors 2 crab boats and 1 pleasure boat at the dock on the property. The application states that no crab bait or pots are stored at the residence. ^ Considerations: Prior to a complaint by the neighbor, the crab pots used by the applicant for commercial crabbing were stored and cleaned in the rear of the property. Now, this equipment is stored off site in Chesapeake, Virginia on property where the applicant has a seafood restaurant. The applicant has also moved a very small aquaculture operation to the site in Chesapeake as well. No equipment is stored on the property since the applicant became aware of the violation. Staff has recommended that none be permitted on this site. At a recent field visit by Staff, the applicant stated that all crabs caught are delivered and off loaded to various commercial operations such as the Willoughby and the Harbor Park Marinas. No crabs for commercial use are returned to this site. In addition, no retail sales or pick up occurs at the applicant's residence. The applicant moors 2 crab boats and 1 pleasure boat at the dock on the property. From the exterior of the house, business activity associated with the proposed home occupation should be virtually undetectable provided the conditions below are followed. The character of the neighborhood should not change as no Crab Pot Seafood t/a Wickers Crab Pot/Ray D. Wicker, Jr. & Michelle R. Wicker Page2of3 customers are expected to come to the house and no new construction is proposed with this request. Overall, the minimal activity as outlined by the applicant and as conditioned should not adversely impact the surrounding properties or neighborhood character. Staff's understanding is in the past, as the applicant was unaware of the need for the Conditional Use Permit to operate this home based business, that 2 of the neighbors have characterized this home occupation as less than tolerable. Since the applicant was put on notice, it is Staff's belief and confirmed when a field visit was performed that all equipment, materials, bait, other than the boats, have been removed from the property. The strict conditions do permit the applicant to moor his boats on site and allow for 1 employee, however, they also disallow all other possible objectionable activities. Following these conditions will bring the small crabbing operation into compliance with the Comprehensive Plan and the Zoning Ordinance for home occupations, both which are designed to help protect the integrity of the adjacent residential properties. Staff, therefore; recommends approval of this request subject to the 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 10-0, to recommend approval of this request to the City Council with the following revised conditions: 1. Seafood, vehicles, crab pots, bait, peach baskets, wooden and plastic containers or any equipment associated with the commercial crabbing business, other than 3 boats, shall not be stored, delivered, cleaned, loaded, repaired, or even present on the property or within the right-of-way at any time. Winterizing or repair of boats used for the commercial business shall not be allowed. 2. Consistent with the requirements of the Zoning Ordinance, no more than one (1) employee shall be employed and on the property who is associated with the home based business. Said employee shall park their personal vehicle only on the property, in the driveway, not in the yard. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. All seafood caught for commercial purposes shall be delivered and off loaded to commercial operations and shall not be permitted to be Crab Pot Seafood t/a Wickers Crab Pot/Ray D. Wicker, Jr. & Michelle R. Wicker Page3of3 delivered to or off loaded from this site. 5. Retail sales or pick up of any commercial seafood by individuals or other commercial or nonprofit establishments shall be prohibited. 6. 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. 7. The conditional use permit for a home occupation is approved for a period of one near with an administrative review and renewal (if appropriate every year thereafter. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. The applicant has requested a deferral to the April 26, 2011 City Council Hearing. Submitting Department/Agency: Planning Department ~~~ City Manage . h ., ~~ March 9, 2011 Public He APPLICAN CRAB PO SEAFOOD T/ WICKER'S CRA PO PROPERTY OWNE RAY D WI C KE R, J & MICHELLE F WICKE STAFF PLANNER: Carolyn Sr REQUEST: Conditional Use Permit (home occupation) ADDRESS I DESCRIPTION: 3537 Byrn Brae Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14479034020000 KEMPSVILLE 31,570 square feet Less than 65 dB DNL SUMMARY OF REQU The applicant requests a Conditional Use Permit to allow the applicant to operate 2 crab boats, for profit, from his residence on the Elizabeth River. The applicant employs 1 person who arrives at sunrise and typically departs at 2:00 p.m. during the crabbing season which, according to the Virginia Marine Resources Commission, is typically April through November. The application states that all crabs caught by the applicant are delivered to various commercial operations such as the Willoughby and the Harbor Park Marinas, where they are all off loaded. No retail sales or pick up occurs at the applicant's residence. The applicant moors 2 crab boats and 1 pleasure boat at the dock on the property. The application states that no crab bait or pots are stored at the residence. LAND USE AND PLAN INFORMATIO CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 ~, ~~;-. . ~ . _ ., ~. ~, EXISTING LAND USE: single family dwelling SURROUNDING LAND North: . Single family dwellings / R-20 Residential District USE AND ZONING: South: Single family dwellings / R-20 Residential District East: Bryn Brae Drive • Single family dwellings / R-20 Residential District West: Eastern Branch of the Elizabeth River • Single family dwellings / R-10 Residential District NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed and is CULTURAL FEATURES: directly on the Elizabeth River. There is a wooden bulkhead along the entire shoreline of this site. Beyond what exists on this site, no additional structures or impacts are proposed. There does not appear to be any significant cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and 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 No City Services will be impacted by this application. EVALUATION AND RECOMMENDATION Staff recommends approval of this request subject to the tight conditions below that are designed to ensure compatibility with the surrounding residential properties and for consistency with the Comprehensive Plan's goal of protecting the predominately suburban character of this community. Prior to a complaint by the neighbor, the crab pots used by the applicant for commercial crabbing were stored and cleaned in the rear of the property. Now, this equipment is stored off site in Chesapeake, Virginia on property where the applicant has a seafood restaurant. The applicant has also moved a very small aquaculture operation to this site in Chesapeake as well. No equipment is stored on the property since the applicant became aware of the violation. Staff has recommended that none be permitted on this site. CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page 2 At a recent field visit by Staff, the applicant stated that all crabs caught are delivered and off loaded to various commercial operations such as the Willoughby and the Harbor Park Marinas. No crabs for commercial use are returned to this site. In addition, no retail sales or pick up occurs at the applicant's residence. The applicant moors 2 crab boats and 1 pleasure boat at the dock on the property. From the exterior of the house, business activity associated with the proposed home occupation should be virtually undetectable provided the conditions below are followed. The character of the neighborhood should not change as no customers are expected to come to the house and no new construction is proposed with this request. Overall, the minimal activity as outlined by the applicant and as conditioned should not adversely impact the surrounding properties or neighborhood character. Staff's understanding is in the past, as the applicant was unaware of the need for the Conditional Use Permit to operate this home based business, that 2 of the neighbors have characterized this home occupation as less than tolerable. As the applicant was put on notice, it is Staff's belief and confirmed when a field visit was performed that all equipment, materials, bait, other than the boats, have been removed from the property. The following requirements found in Section 234 of the Zoning Ordinance regarding home occupations are listed below. 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. The applicant has met this as no part of the dwelling itself other than perhaps an office is set aside for use for the business. Most of the activities associated with the business are conducted off site and outdoors. 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. It is Staff's understanding that originally at least 2 employees were coming to the house. The applicant is aware now that a Conditional Use Permit allows only 1 employee to come to the house. Based on a conversation with a neighbor, Staff recommends a condition that reinforces this limit of 1 employee and requires the employee to park on the applicant's property, in the driveway and not on the street. c) No identification sign shall be permitted. No signage is required or recommended as no customers will be permitted to come to the dwelling, based on the conditions below. 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. This maybe the most important requirement as past operation of the home business, according to at least 2 neighbors, has created some noise, smell and visual nuisances. Staff believes that the conditions recommended go a long way to prevent any further issues with the neighbors. It should be noted that not every immediately adjacent neighbor has been disturbed by the operation and 1 has called in support of the applicant's request. In summary, with the recommended conditions, the request is recommended for approval. The strict conditions do permit the applicant to moor his boats on site and allow for 1 employee, however, they also disallow all other possible objectionable activities. Following these conditions will bring the small crabbing operation into compliance with the Comprehensive Plan and the Zoning Ordinance for home occupations, both which are designed to help protect the integrity of the adjacent residential properties. CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page 3 Staff, therefore; recommends approval of this request subject to the following conditions. C~ 1. Seafood, vehicles, crab pots, bait, peach baskets, wooden and plastic containers or any equipment associated with the commercial crabbing business, other than 3 boats, shall not be stored, delivered, cleaned, loaded, repaired, or even present on the property or within the right-of-way at any time. 2. Consistent with the requirements of the Zoning Ordinance, no more than one (1) employee shall be employed and on the property who is associated with the home based business. Said employee shall park their personal vehicle only on the property, in the driveway, not in the yard. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. All seafood caught for commercial purposes shall be delivered and off loaded to commercial operations and shall not be permitted to be delivered to or off loaded from this site. 5. Retail sales or pick up of any commercial seafood by individuals or other commercial or nonprofit establishments shall be prohibited. 6. 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 maybe required during the administration of applicable City Ordinances anid Standards. Any site plan submitted with this application may require revision during detailed site pla-- 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 arnd Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page. 4 ~+ „<: ~1 R ~ru 3~; ~ ~ '+'""Ib 9,' x ~g ~l :~. i~.`F.~ t~ w .... ~1 ~~ r. ~" ~ .,~{ ~: O ., AERIAL OF SITE LOCATION ~ ' ,~ ~. CRAB POT SEAFOOD T/A WICKER'S CRAB POT ~ ~ ~'~ Agenda Item 1 Page 5 ~, .a ~~~~-~.~.~~ .1 Pidometry F~ _ ~< THIS 19 TO CERTIFY THAT I, ON ~- e" Ps 9UL2VEYEU THE PROPERTY SHOh'N HEREON, AND THAT THE TITLE LiNE3 AND PHYSICAL, 1NPROVF:Ldl;NT3 ARE AS SHO*N HEREON. THE IlIPR0VE11ENT9 STAND STRICTLY 1RTHIN THE T1TI.E IdNES AND THERF. ARE NO ENCROACHMENTS 0 VLSIHLE EASEMENTS EXCEPT AS SHOITN. SIGNED: «"~J~iA~~.-r , NOTE: THE PROPERTY SNOWN NEREON APPEARS TO UE IN '%AC F1000 20NE ACCORDING TO f.E.wh, WW PANEL N0. S1S531-0025E, RENSED DEC, S, 1999 COVE OF EASTERN BRANCH OF ELJZABETH RIVER N 19'4'00' E 710.05' e' oRAINAOE sl I uTkETY ESM'T. we.eo ro.a9 wood BULKNEAD + '~ n I N n h W~ O r D0p` I FRANE ~N~ I I ,.d ~ ~°~~ ,..• »~ LOT 14 I LP(s) ~ Ta9.o' i IP(f) ~ u9.o' LOT 13 I LOT 15 hVOD WADS I 7.7' 3' Cl tt 1.6' OUt 1 SCE` ,3 ~'.~.~~''~ JCL FENCE ts.1 ~ c~~ ~ 2.B' IN A-PROX. UNITS ~4 ,, ~ ~f70R BRICK FLOOD n ~ ~S]7 ti ti n N N ~ ~Z ~~ ~' hd 4~' h n a 'x' FLOOD I • ~ • „ • -~. I:OEEI ~' ~' ¢' p+(F) IP(F) ~APPRO%. l1wiT5 ~'- N~ORfItET ROAD EXTD. S 18'04'00' W 110.00' ia+E E' F1000 BYRN BRAE DRIVE (50' R/W) PHYSICAL SURVEY OF LOT 15 ' SUBDIVISION OF BALLYLINN SHORES DATE; .uN. 0. T99e VIRGINIA BEACH, NRGINIA SCAIFi 1' ~ ~o' FOR ~LTH F Kam' w ~~yy~ RAY D. WICKER do MICHELLE R. WICKER ~v+~' 0 p~ o ~ WARD M. NOIM[5 ' V CI R11i1CAlE No WARD M. HOLMES '~03 V GINI ' LAND SURVEYOR, P.C. ~ ' 9226 GRANBY STREET ~ i-a P6 P . ~ ,NORFOLK YIRCINIA 93603 gtin .tUn•1F10 '7a'r-4eo-LZao 3G2 /00 C3~/) PRaecT No. YBOL~ PROPOSED CRAB POT SEAFOOD T/A WI ITE PLAN ;'S CRAB POT Agenda Item 1 Page 6 >' . 4E.,:' S e NO ZONING HISTORY TO REPORT ZONING HISTORY CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page 7 y, s:. ~' 5..~<_...'4r ~t .~'i ~~ ~"a>' I T~ ,I '~ ;. '' ~ Q~. 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 ifnecessary) C,a~ ~o~- Se~Y~o~a r~ Lt1,~~r~z-s C~.~ ~f tor04/'..~'"o.•~ ~~u ~; ckr.~ .ate f:e s: d.~~~ 2. List all businesses that have aparent-subsidiary' or affiliated business endty2 relationship with the applicant: (Attach list if necessary) t~~ ~~~ E`1n ^ 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) t cry b ~ , c..K~r s'~ m~ c~11~ ,~ c,t~, c,~ri 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) A) p~,L 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~ity of Vrginia Beach have an interest in the subject land? Yes No f If yes, what is the name of the official or employee and the nature of their interest? Conditional Uae Permit AppFCatlon Page 8 0l 10 Revised 7/312007 .--~ r~-~ ~--~ w w i~- 0 r--~ -•-•~ A O V DISCLOSURE STATEMENT CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page 8 Z O ~-.~ a W chi ~~- O ~~ ~~ 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) 1 "Parent-subsidiary relationship' means `a relationship that exists when one corporation direcNy or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. s 'Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a ~ntrolling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon recxlipt of notfication (postcard) that the appbcation 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 S' re Print Name ~.~ n ~~ ~~ R~ y ~ ~, ~ t-~~s~ Property rs Signature (if difle than applicant) Print Na e ~'1~.~.~ -~~ ~~~, ~~~.. h t-1/~ ~ (,tier ~~~ Condltlonal Use Permit App6cafion Page 100/ 10 Revisetl 713/2007 DISCLOSURE STATEMENT CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page Item #1 Crab Pot Seafood t/a Wicker's Crab Pot Conditional Use Permit Home Occupation 3537 Byrn Brae Drive District 2 Kempsville March 9, 2011 CONSENT An application of Crab Pot Seafood t/a Wicker's Crab Pot for a Conditional Use Permit (home occupation) on property located at 3537 Byrn Brae Drive, District 2, Kempsville. GPIN: 14479034020000. CONDITIONS 1. Seafood, vehicles, crab pots, bait, peach baskets, wooden and plastic containers or any equipment associated with the commercial crabbing business, other than 3 boats, shall not be stored, delivered, cleaned, loaded, repaired, or even present on the property or within the right-of-way at any time. Winterizing or repair of boats used for the commercial business shall not be allowed. 2. Consistent with the requirements of the toning Ordinance, no more than one (1) employee shall be employed and on the property who is associated with the home based business. Said employee shall park their personal vehicle only on the property, in the driveway, not in the yard. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. All seafood caught for commercial purposes shall be delivered and off loaded to commercial operations and shall not be permitted to be delivered to or off loaded from this site. 5. Retail sales or pick up of any commercial seafood by individuals or other commercial or nonprofit establishments shall be prohibited. 6. 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. 7. The conditional use permit for a home occupation is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. 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. Item #1 Crab Pot Seafood t/a Wicker's Crab Pot Page 2 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. BERNAS AYE 10 NAY 0 ABS 0 FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABSENT 1 ABSENT By a vote of 10-0, the Board approved item 1 for consent. Ray Wicker, Jr. ,applicant appeared before the Board. -50- Item J.3. PLANNING ITEM # 60748 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of a Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. DISTRICT 7 - PRINCESSANNE Ordinance upon application of ROBERT L. NELSON & BARBARA N. GRAY T/A WEST LANDING MARINE, Modi tcation of Conditional Use Permit, 2748 West Landing Road (GPIN 1492620072). DISTRICT 7 - PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph March 22, 2011 ~ ~,~ ~,~~ si ~~ '~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT L. NELSON & BARBARA N. GRAY T/A WEST LANDING MARINE, Modification of Conditional Use Permit, 2748 West Landing Road (GPIN 1492620072). PRINCESS ANNE DISTRICT. MEETING DATE: April 12, 2011 The applicant has requested a withdrawal of this application. ^ Background: In 1997, a conditional rezoning from AG-2 Agriculture District to Conditional B-2 Business District and a Conditional Use Permit for a boat storage facility and commercial marina were approved by City Council. There are four proffers associated with the conditional rezoning and seven conditions attached to the Conditional Use Permit. This request is the second attempt to eliminate the condition that limits the types of watercraft that can be launched into the North Landing River from the marina as an identical appeal was denied by the City Council in 1999. Condition #5 is as follows: "No personal watercraft or jet skis will be stored or launched from this facility." ^ Considerations: During the 1997 Change of Zoning and Conditional Use Permit deliberation, there was concern that at this location allowing commercial uses such as restaurant or sales and service of boats could potentially negatively impact surrounding property owners in such a rural, idyllic setting. As such, the existing proffers were crafted to strictly limit uses on the site. In 1999, the City Council denied the applicant's request to eliminate the condition that limits the types of watercraft that can be launched into the North Landing River from this site. This request, as was the request in 1999, is to eliminate the existing Condition #5: No personal watercraft or jet skis will be stored or launched from this facility. While other marinas along the North Landing River do offer launch facilities for personal watercraft and jet skis, these marinas existed prior to the requirement that now exists that commercial marinas require approval by City Council for a Conditional Use Permit. Robert L. Nelson and Brenda N. Gray Page 2 of 2 It is Staff's opinion that the launching and presence of personal watercraft at this site will be disruptive not only to the rural character of the area but also to the surrounding environmentally sensitive areas, further supporting the reasoning that commercial marinas should indeed be considered carefully as a Conditional Use Permit with approval only by City Council. Staff recommends denial of this request and that Condition #5 of the original Conditional Use Permit prohibiting personal watercraft or jet skis from being stored or launched from this marina be retained. There was no opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-1, recommends approval of this request to the City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. The applicant has requested a withdrawal of this application. Submitting Department/Agency: Planning Department ~~,~~ City Manage • *` ' ~-~ ~+ ~ ~~ b~ ~~ ''~' ~~ ~~ O` v ~, 1 Z U~ W' M w W ~ w J C i 4 ro a~ 0 U 4 V ~~ N ~ ~ 0 fl Q N 0 04 V 1 h Q O U w O ~ 4 ti ~a d N ~~ S ~ ~""`7 ~~ ~' ~~~ ~~ ~ _ s~ <~~~v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RESORT MANAGEMENT OFFICE/CITY OF VIRGINIA BEACH, Conditional Use Permit, commercial parking lot, 319 18th Street (GPIN 2427170516). BEACH DISTRICT. MEETING DATE: April 12, 2011 The applicant has requested an indefinite deferral of this application. ^ Background: The applicant requests a Conditional Use Permit to allow development of the site for a commercial parking lot. The site adjoins the City of Virginia Beach 19tH Street parking lot. This would be an extension of that lot. The requested use is temporary pending development of the former Dome site. The site plan has been designed in accordance with the City Code, Section 23- 58 Commercial Parking Lots. The plan depicts 63 parking spaces and screening hedges along both Arctic Avenue and 18th Street. Street frontage and interior parking lot trees are also depicted on the plan. Barrier gates are depicted at both entrances and an attendant's booth is depicted adjacent to 18th Street. ^ Considerations: Staff recommends approval of this request with conditions. The proposed use is consistent with the Resort Area Strategic Action Plan and is appropriate as an interim use. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed substantially in accordance with the submitted plan entitled "Planting Plan for 18th to 19th Street & Arctic and Pacific Avenues, City of Virginia Beach Resort Area", dated 2/15/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. City of Virginia Beach Resort Management Page 2 of 2 2. The site shall adhere to the requirements of the City Code Section 23-58 Commercial Parking Lots. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. The applicant has requested an indefinite deferral of this application. Submitting Department/Agency: Planning Department ~~ Cit Mana er: ~ ~ '~~~'' Y 9 March 9, 2011 Public Heari APPLICANT; CITY OF VIRGINIA BEACH RESORT MANAGEMENT PROPERTY OWNER,: CITY OF VIRGINI~'- BEAC STAFF PLANNER: Faith REQUEST: Conditional Use Permit (Commercial Parking Lot) ADDRESS /DESCRIPTION: 319 18th Street GPIN: ELECTION DISTRICT: SITE SIZE: 727 square feet 43 AICUZ: 65-70 dB DNL; Sub-Area 24271705160000 BEACH , SUMMARY OF REQUES The applicant requests a Conditional Use Permit to allow development of the site for a commercial parking lot. The site adjoins the City of Virginia Beach 19th Street parking lot. This would be an extension of that lot. The requested use is temporary pending development of the former Dome site. The submitted plan has been designed in accordance with the City Code, Section 23-58 Commercial Parking Lots. The plan depicts 63 parking spaces and screening hedges along both Arctic Avenue and 18th Street. Street frontage and interior parking lot trees are also depicted on the plan. Barrier gates are depicted at both entrances and an attendant's booth is depicted adjacent to 18th Street. LAND USE AND PLAN INFORMATI EXISTING LAND USE: Gravel, concrete, and grass lot SURROUNDING LAND North: . Retail and Parking lot / RT-3 Resort Tourist USE AND ZONING: South: . 18m Street ; ,~.~U~ ` =C.,. ti~ . -s r CITY OF VIRGINIA BEACH RESORT MANAGEMENT Agenda Item 4 Page 1 L °i # . ;; 4 ~l East: Parking lot / RT-3 Resort Tourist West: . Arctic Avenue NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: Strategic Growth Area 8 / 19~" Street /Central Beach District The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts are needed to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. (p. 2-28 Policy Document) The Resort Area Strategic Action Plan adopted as part of the Comprehensive Plan identifies this site within thie Central Beach District and as one of the seven centralized parking garage locations within the Resort Area. The Plan acknowledges traffic and parking management system that calls for a centralized and shared parking strategy that reduces surface parking and concentrates traffic flow and maximizes traffic management. (p. 2- 31)The proposed commercial parking lot is consistent with the shared parking strategy regarding location, albeit not a parking garage structure. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): 18th Street beside this request is a two-lane local street with on-street parking in this area and has an 80 foot wide right of way. This site is adjacent to the North Lake Holly Watershed CIP project 7.005.000. This site also borders Arctic Avenue. In this location, Arctic Avenue is a two-lane local street with a 60 foot wide right of way. There are no Capital Improvement Projects currently scheduled for this section of Arctic Avenue. PUBLIC WORKS/TRAFFIC ENGINEERING Traffic Engineering does not expect that the proposed use as a commercial parking lot will generate ~~ significant number of additional vehicular trips on the site's adjacent roadways. • The proposed site will be required to meet all City of Virginia Beach Public Works Standards and Specifications to obtain site plan approval. Upgrades to pedestrian access within the public right-of- way may be necessary. City of Virginia Beach Public Works Standards stipulates a minimum of 30 feet from the edge of pavement of the adjacent street to the first parking space or drive aisle within the parking lot. This standard is meant to ensure that vehicles entering or maneuvering within parking areas do not interfere with traffic on adjacent public streets. The distance between the edge of pavement on both 18th Street and Arctic Avenue to the proposed gate controls must meet this minimum 30 foot standard. The existing entrance on 18th Street has a width of approximately 20 feet, which does not meet City pf Virginia Beach Public Works Standards for commercial entrances, which require a minimum 30 feet ', driveway at the property line for two-way entrances. This entrance should be modified in order to accommodate two-way vehicular traffic. CITY OF VIRGINIA BEACH RESORT MANAGEMENT Agenda Item 4 Page 2 • City of Virginia Beach Public Works Standards state that the minimum radius for commercial entrances is 15 feet. Both access points may need to be modified to meet this standard. TRAFFIC: Street Name present present Capacity Generated Traffic Volume 18 Street N/A ADT 9,900 ADT 1,632 ADT Arctic Avenue 4,090 ADT' 9,900 ADT' Based on 1 acre of RT-3 Resort Tourist District zoning EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposed use is consistent with the Resort Area Strategic Action Plan and is appropriate as an interim use. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted plan entitled "Planting Plan for 18"' to 19~h Street & Arctic and Pacific Avenues, City of Virginia Beach Resort Area", dated 2/15/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The site shall adhere to the requirements of the City Code Section 23-58 Commercial Parking Lots NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH RESORT MANAGEMENT Agenda Item 4 Page 3 I ... ~, ^' ,~ P tw ~: •v 1 I~ ~~ .. .~ ~,~ r ~'~ ~,} AERIAL OF SITE LOCATION ,~ :~ CITY OF VIRGINIA BEACH RESORT MANAGEMENT ~j ~~.~~ Agenda Item 4 Page 4 I ;~ ~. y,- ~ •~ .,,.. ~ e A ~~ AA,, _ yy~~Yg , ~~, 1 ~, ~ , i W ~ , ~ ~Rp ~~ ~~ ~ , Oy '1 ~ € k s c s ~ " a ~ ~ W ~ ~ ~~ 1 ? ~ m ~ ~ ~, ai S l -~ ~ G ~-~ 1 u ..-- _ .i' ti i' ~I ~ ,•ti,1 _ _ y ~ ~ ~ ',f r ~, ' 1~ ~\ ~ N~ H~ o W~ ~~ ~~ ~, a' '1 ~ ~i " ~ y r- `,-~ / ~' w N Ip „ • Y- /n ~ \. ', ; I , ~~ i ~ ~~ u _.. -~ o~~ B I i r y ep _i '" ~ 0~0 m ,~~ tG c Pie, - ,C, ~- - 4~ ~E ~ ~ 4 ~ i ~. Wb WN V' a W ~ _ N N N Q k ...._. is.~., n,..r, __ 6.e~ruwd bwiud MO~d' NNE M NLWYl01 e. VWf~140Y61fM~KpYK1'IwJee)1H"J Y~MW 4ugdu~/~~~}MS P~e7~s~i'~N1W :'NK f H+Nwn:c^:.:'! PROPOSED SI CITY OF VIRGINIA BEACH RESORT E PLAN ANAGEMENT Agenda Item 4 I L~,, ,r ~ ' '1 PIPE FRAME atIUBLE GATE NGTE: 1l2 PANEL SHDI~VN tMIRRt~R IMAGE FaR aougLE~ ~; 2S ar 30 FT. OPENING BETWEEN POST E" OD 6ALV 35-20 ALL WELDED FRANENORK, E_28« PF 6ALV CHAIN CENTER OF' lg~~ GATE PANELS !f FOR LDCK a a a .c O yW fD ltl a ~n j tt l0 Z W i 2a ~' x o ar N 0 3 W ~) C mH Wf a 1 U J t {. ~ r~Y'o- rY CONCRETE FOOTING: 2500 PSI 28 DAYS r -fin ~ ~. Vl ~•s o ,~ 'f ~ n of i~: ~ ~ v ~'. ;~r, :f ~ f'r: ~' 16" i 6ALV STEEL INDU5TRIAL TYPE BOX HINGES N.T.S. HBRCOI.E9 FENCE DIV. I526 EARLY STREET HERCULES FENCE ~roRZ~oLx, vA 23502 "Yoc4e soft with Hcredes" (757) 321-6700 PIPE GATE DOIIBLS P]1t7EL nww+ s:: xes of-i6-soot sGrs~ a~ s~vs~ RSVIBED: 1/25/2011 TILE: PIPEGLTE 1 0! 1 PROPOSED ENC CITY OF VIRGINIA BEACH RESORT p =i SURE .~ ANAGEMENT Agenda Item 4 Page 6 ~ ~~~~ . ` ~ fi 4~-a. 1 12/9/85 Conditional Use Permit Parkin lot 2 5/25/10 Conditional Use Permit Reli ious Use 3 12/7/10 Conditional Use Permit (Automobile Museum ZONING CITY OF VIRGINIA BEACH RESORT MANAGEMEN I Agenda Item 4 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) N/A 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A x Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 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 yss, what is the name of the official or employee and the nature of their interest? CondYliOnal use Permit gpplicatlon Page 9 of 10 Rcvisad 3111108 O ..... V a w w O ~~ A O V DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH RESORT MANAGEMENT Agenda Item 4 Page 8 ~--i V ~--~ a w DISCLOSURE STATEMENT z 0 ~Z 0 U 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 fo the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) i ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when {i) one business entity has a cantroUing 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.' Ser? 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 notifx;aiion (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. b ^JV'-~ t Robert Fries gpt5l~nt's.Signature,/ Print Name Property Owner's Signature (if different than applicant} Print Nam Conditional Use Permit Applfcatlon Page 10 oT 10 Revised 713/3007 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH RESORT MANAGEMENT Agenda Item 4 Page 9 Item #4 City of Virginia Beach Resort Management Conditional Use Permit Commercial Parking Lot 319 18th Street District 6 Beach March 9, 2011 CONSENT An application of the City of Virginia Beach Resort Management for a Conditional Use Permit (commercial parking lot) on property located at 319 18th Street, District 6, Beach. GPIN: 24271705160000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted plan entitled Planting Plan for 18`h to 19`h Street & Arctic and Pacific Avenues, City of Virginia Beach Resort Area", dated 2/15/2011. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The site shall adhere to the requirements of the City Code Section 23-58 Commercial Parking Lots. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTEDJ concepts and strategies as they pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS FELTON AYE HODGSON AYE HENLEY AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABSENT By a vote of 10-0, the Board approved item 4 for consent. Item #4 City of Virginia Beach Resort Management Page 2 Ralph Fries appeared before the Board on behalf of the applicant. L. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HUMAN RIGHTS 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" 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 VIRGIN/A BEACH SUMMARY OF COUNCIL ACTIONS DATE: 03/22/2011 PAGE: 1 AGENDA I"fEM # SUBJECT B E p S L E D H E W L D S I E J S U I MOT10N VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D CITY MANAGER'S BRIEFING BUILDINGS /FLEET MANAGEMENT Phil Davenport, Operations Support Mana ement lI/III/lV/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y Y V-E SESSION F MINUTES -March 8, 2011 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y G_ United Way Recognition of City's ADDED Combined charities Cam ai n H/I-1 Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y $106,432 from VDACS to reimburse City CONSENT for portion of easement at 4884 d Blackwater Roa 2 Ordinance to ADD/ Article VI~Sec 21- ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y 700/21-70121-702/21-703 to Chapter 21 of CONSENT City Code reauto demolishers/ rebuilders/salvage dealers/effective June 1, 2011 APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y 1 J-1 Variance to Sec 4.4(b) of Subdivision Ord CONDITIONED for C & C DEVELOPMENT CO, INC BY CONSENT to subdivide nonconforming duplex lots at 5207/5215 Holly Road. DISTRICT 5- VEN LYNNHA 2 Ordinance to EXTEND complianceon AUTHORIZED EXTENSION, 10-0 Y Y A Y Y Y Y Y Y Y `( behalf of Town Center Assoc to BY CONSENT close/vacate,discontinuepnrtion of Market Street DISTRICT 5 - LYNNHAVEN 3 ROBERT L. NELSONBARBARA N. DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y ~' GRAY T/A WEST LANDING INDEFINITELY BY CONSENT MARINE Modification of CUP(No. 5) re personal watercraft at 2748 West Landing Road. DISTRICT 7 -PRINCESS ANNE 4 KROGER LIMITED PARTNERSHIP I APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y CUP re auto fuel sales at 4625 Shore CONDITIONED BY CONSENT Drive. DISTRICT 4- BAYSIDE g WILDLIFE RESPONSE, INC. CUP re DEFERRED 10.0 y Y A Y Y Y Y Y Y Y Y wildlife rehabilitationat 3592 Indian INDEFINITELY gy CONSENT River Road. DISTRICT 7 -PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 03/22/2011 B E D S PAGE: 2 L E D H E W L D S I E J S U 1 AGENDA ITEM # SUBJECT MOTION VOTE I A T E D N O N S O H R L S W O T V E Z Y L T I P E E E E M I O O O S H L R Y S S N N D 6 TAYLOR FARMS LAND CO., INC. APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y CONDITIONED CUP re borrow pit at 2297 Harpers BY CONSENT Road. DISTRICT 6-BEACH 7 OCEAN BAY HOMES, INC./SILVER APPROVED AS 10-0 Y Y A Y Y Y Y Y Y Y Y HILL CANAL, LLC COZ Conditional PROFFERED B-2 to Conditional A 12 at 1645 Salem Road. DISTRICT 1-CENTERVILLE a. Conditional COZ b. Floodplain Variance g ROY E. BRINN, JR to subdividd allow APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y additional single family homeat 3453 CONDITIONED Robinson Road. DISTRICT 7- BY CONSENT PRINCESS ANNE a. Variance to §4.4(b) of Subdivision Ordinance that all lots meetCZO. b. Floodnlain Variancefor driveway from Robinson Road 9 LEGACY DEVELOPMENT, APPROVED AS 10-0 Y Y A Y Y Y Y Y Y Y l LLC/FLORIDAYS, LLC Conditional PROFFERED, CO Z from A-24 to Conditional PD-H2 at BY CONSENT 4303 Bonney Road DISTRICT 5 - YNNHAVEN L 10 APPEAL of City Manager'sdecision to DENIED 10-0 Y Y A Y Y Y Y Y Y Y Y DENY RAYMOND L. GOTTLIEBto construct driveway at 105 50`" Street . DISTRICT 5 - LYNNHAVEN K APPOINTMENTS BOARD OF ZONING APPEALS RESCHEDULED B Y C O N S E N S U S COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE Appointed-no 10-0 Y Y A Y Y Y Y Y Y Y Y term: Josh Prueher HEALTH SERVICES ADVISORY Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y BOARD unexpired term thru 03/31/2013 Guia Caliwa en HUMAN RIGHTS COMMISSION Appointed 3 10-0 Y Y A Y Y Y Y Y Y Y Y year term: 04/01/2011- 03/31/2014 Mohammad A. Karim L/M/N ADJOURNMENT 6:45 PM