The URL can be used to link to this page

APRIL 26, 2011 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large DICE MAYOR LOUIS R. JONES, Bayside -District 4 R/TA SWEET BELI,ITTO, At-Large GLENN R. DAMS, Rose Hall -District 3 WILLIAM R. DeSTf;PH, At-Large HARRY E. D/EZEI„ Kempsville -District 2 ROBERT M DYER, Centerville -District l BARBARA M HENLEY, Princess Anne -District 7 JOHN E. UHRIN, Beach -District 6 i ROSEMARY WILSON, At-Large I JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K SPORE C'/TY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - l,YNDON S REMIAS CITY CLERK- RUTH HODGES ERASER, MMC I. CITY COUNCIL'S BRIEFING -Conference Room- A. VIRGINIA BEACH TRANSIT EXTENSION STUDY Philip Shucet, President and CEO -Hampton Roads Transit II. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE.•(757f 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com V. FY 2011-2012 MANAGEMENT RESOURCE PLAN -Conference Room - A. COMPENSATION Regina Hilliard, Director -Human Resources B. QUALITY ORGANIZATION 1. Overview Catheryn Whitesell, Director -Management Services 1:30 PM 3:00 PM CITY COUNCIL AGENDA 26 APRIL 2011 2. Communications and Informational Technology Gwen Cowart, Director 3. Finance Patricia Phillips, Director 4. Human Resources Regina Hilliard, Director 5. City Attorney Mark Stiles 6. City Auditor Lyndon Remias 7. Municipal Council and City Clerk Ruth Hodges Fraser 8. City Assessor Jerry Banagan 9. General Registrar Pat Harrington 10. Management Services Catheryn Whitesell, Director 11. City Manager James Spore 12. Non Departmental Catheryn Whitesell, Director -Management Services VI. INFORMAL SESSION - Conference Room - 5:30PM I A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Steve Kelly Pastor WAVE Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. FY 2010-2011 RESOURCE MANAGEMENT PLAN FY 2010-2011 Operating Budget $1,738,745,393 FY 2010-2011 Capital Budget $ 310,183,256 2. LEASE OF CITY-OWNED PROPERTY 301 and 303 Garcia Drive 3. FRANCHISE LEASES OF CITY-OWNED PROPERTY 204 Grill Pizza - 204 22°d Street The Yacht Club Cafe - 2607 Atlantic Avenue North Beach Cafe - 39th Street and Oceanfront Lighthouse Cafe - 1201 Atlantic Avenue 18th Street Cafe - 1801 Atlantic Avenue Giovanni's Cafe - 2006 Atlantic Avenue Cancun Fiesta -1516 Atlantic Avenue Dough Boys Cafe - 3224 Atlantic Avenue Sharx Cafe - 211 21St Street 4. SALE OF EXCESS PROPERTY 1537, 1541 and 1545 Indiana Avenue 240 and 246 Roselynn Lane 205 North Oceana Boulevard April 12, 2011 5. SALE OF RESTRICTIVE EASEMENT Formerly Evelyn Reynolds property, Landstown Road I. J. CONSENT AGENDA ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 5-534 re allowing dogs or horses to urinate or defecate on public or private property b. §§ 6-120.1 and 6-120.2 re the operation of personal watercraft and the regulation of personal watercraft rentals b. § 18-32 re permit required for Pawnbrokers, Junk Dealers or Second Hand Dealers 2. Ordinances to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to negotiate the disposal thereof and EXECUTE the necessary documents: a. 1537, 1541 and 1545 Indiana Avenue re Franciscus Homes, Inc. b. 240 and 246 Roselynn Lane re Franciscus Homes, Inc. c. 205 North Oceana Blvd. re Ocean Bay Homes, Inc. d. Restrictive easement in the Interfacility Traffic Area (ITA) to convey same to the United States of America, Department of the Navy 3. Ordinance to AUTHORIZE the City Manager to execute two (2) Leases, each for five (5) years or less, with Virginia Beach Community Development Corporation (VBCDC) at 301 and 303 Garcia Drive 4. Ordinance to GRANT nine (9) Franchise Agreements for Open Air Cafes in the Resort Area a. 204 Grill Pizza 204 22nd Street b. The Yacht Club Cafe 2607 Atlantic Avenue c. North Beach Cafe 39th Street and Oceanfront d. Lighthouse Cafe 1201 Atlantic Avenue e. 18th Street Cafe 1801 Atlantic Avenue f. Giovanni's Cafe 2006 Atlantic Avenue g. Cancun Fiesta 1516 Atlantic Avenue h. Dough Boys Cafe 3224 Atlantic Avenue i. Sharx Cafe 211 21St Street 5. Resolution to AUTHORIZE an application for an allocation of up to $10,000,000 through the Virginia Department of Transportation (VDOT) Revenue Sharing Program re Nimmo Parkway-Phase V-A; and AUTHORIZE the City Manager to EXECUTE all necessary agreements for project development and construction 6. Resolution to AUTHORIZE an Emergency Medical Services (EMS) permit for providing private ambulance services to Eagle Medical Transports, LLC 7. Resolution to SUPPORT the Regional multi-use South Hampton Roads Trail consisting of forty-one (41) miles of connective links in the Cities of Chesapeake, Portsmouth, Norfolk, Suffolk and Virginia Beach 8. Ordinance to AUTHROIZE temporary encroachments into a portion of City-owned property re a variable width canal, known as Treasure Cove/Canal, for Gregory P. and Beth A. Strangeways to maintain an existing bulkhead and wharf and construct and maintain two (2) wharfs and boatlifts at 2317 Spindrift Road 9. Resolution to APPOINT Debra M. Bryan as Associate City Attorney effective May 2, 2011 10. Ordinance to APPROPRIATE $1,500 in donations and $6,400 in revenue to the FY 2010-11 Operating Budget of the Office of the City Clerk and donate these funds to the Sister Cities Association of Virginia Beach, Inc. K. PLANNING Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for HERBERT S. MCCOY to subdivide the site into two (2) single family lots at 213 West Lane. DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 2. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for TRAVIS and ANN FOX re an undeveloped lot at Riddick Lane and Indian River Road. DISTRICT 6 -PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of BAYBERRY RENTALS, LLC, for a Nonconforming Use to enlarge the existing duplex at 2301 Bayberry Street. DISTRICT 5 - LYNNHAVEN DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 4. 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 (operation of two (2) crab boats, for profit) at 3537 Byrn Brae Drive on the Elizabeth River. DISTRICT 2 -KEMPSVILLE DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 5. Application of S.S.K. HOSPITALITY, LLC for a Conditional Use Permit re a commercial parking lot at 395 Norfolk Avenue. DISTRICT 6 -BEACH RECOMMENDATION DENIAL 6. Application of JIM CAPLAN/HIC, LLC/MACH ONE, LLC/HIF, LLC for a Conditional Use Permit to allow an addition to an existing building for indoor recreation at 3877 Holland Road. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL 7. Application of MADISON LANDING, LLC for a Modification of Conditional Change of Zoning (approved by City Council Apri18, 2008) to allow development of fourteen (14) multi-family dwelling units in a mix of townhome and flat style dwellings at 827 Muth Lane. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 8. Ordinance to AMEND the City Zoning Ordinance (CZO): a. Sections 401, 901, 1511 and 1512 re recreational facilities other than those of an outdoor nature RECOMMENDATION APPROVAL b. Sections 203 and 236 re off-street parking requirements. DEFERRED FEBRUARY 22, 2011 RECOMMENDATION APPROVAL L. 9. Ordinance to AMEND the Comprehensive Plan by adopting the Bikeways and Trails Plan, dated February 15, 2011, and revising the Policy Document. RECOMMENDATION APPROVAL 10. Ordinance to AMEND the City's Landscaping Guide to include Amendments re bicycle parking and permeable paving system DEFERRED FEBRUARY 22, 2011 RECOMMENDATION APPOINTMENTS AUDIT COMMITTEE ENERGY ADVISORY COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD WORKFORCE HOUSING ADVISORY ARD APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" Apri126 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption NATIONAL NIGHT OUT OCTOBER 4, 2011 Agenda 04/26/2011 gw www.vb og v.com I. CITY COUNCIL'S BRIEFING -Conference Room- 1:30 PM A. VIRGINIA BEACH TRANSIT EXTENSION STUDY Philip Shucet, President and CEO -Hampton Roads Transit II. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance III. CITY COUNCIL COMMENTS II IV. CITY COUNCIL AGENDA REVIEW V. FY 2011-2012 MANAGEMENT RESOURCE PLAN -Conference Room - A. COMPENSATION Regina Hilliard, Director -Human Resources B. QUALITY ORGANIZATION 1. Overview Catheryn Whitesell, Director -Management Services 2. Communications and Informational Technology Gwen Cowart, Director 3. Finance Patricia Phillips, Director 4. Human Resources Regina Hilliard, Director 5. City Attorney Mark Stiles 6. City Auditor Lyndon Remias 7. Municipal Council and City Clerk Ruth Hodges Fraser 3:00 PM II City Assessor Jerry Banagan 9. General Registrar Pat Harrington 10. Management Services Catheryn Whitesell, Director 11. City Manager James Spore 12. Non Departmental Catheryn Whitesell, Director -Management Services VI. INFORMAL SESSION -Conference Room - 5:30PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Steve Kelly Pastor WAVE Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 12, 2011 G. FORMAL SESSION AGENDA ~p~n1~t#inn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS 1. FY 2010-2011 RESOURCE MANAGEMENT PLAN FY 2010-2011 Operating Budget $1,738,745,393 FY 2010-2011 Capital Budget $ 310,183,256 2. LEASE OF CITY-OWNED PROPERTY 301 and 303 Garcia Drive 3. FRANCHISE LEASES OF CITY-OWNED PROPERTY 204 Grill Pizza - 204 22°d Street The Yacht Club Cafe - 2607 Atlantic Avenue North Beach Cafe - 39th Street and Oceanfront Lighthouse Cafe - 1201 Atlantic Avenue 18th Street Cafe -1801 Atlantic Avenue Giovanni's Cafe - 2006 Atlantic Avenue Cancun Fiesta - 1516 Atlantic Avenue Dough Boys Cafe - 3224 Atlantic Avenue Sharx Cafe - 211 21St Street 4. SALE OF EXCESS PROPERTY 1537, 1541 and 1545 Indiana Avenue 240 and 246 Roselynn Lane 205 North Oceana Boulevard 5. SALE OF RESTRICTIVE EASEMENT Formerly Evelyn Reynolds property, Landstown Road NOTICE OF PUBLIC HEARING Thursday, April 21, 2011 - 6:00 P.M. -Green Run High School 1700 Dahlia Drive, Virginia Beach, Virginia Pursuant to Section 5.07 of the City Charter and Section 2-197 of the City Code, the Council of the City of Vrginia Beach, Virginia will hold a Public Hearing at the time and place noted above, on the City Manager's Proposed Operating Budget for the fiscal year beginning July 1, 2011 and ending June 30, 2012 and on the Capital Improvement Program, including the fiscal year 2011-12 Capital Budget. A brief synopsis follows: PROPOSED FISCAL YEAR 2011-12 OPERATING BUDGET Summary of Exnend'etures Cultural 8 Recreational Opportunities Quality Education and Lifelong Learning - Cultural Affairs $2,442,436 -Education $851,211,331 - Museums 9,166,462 -Library 15,599,762 - Parks and Recreation 46,558,558 Economic Ytality Quality Organization -Agriculture 4,220,251 -City Attorney 3,512,286 - Convention & Visitor Bureau 44,409,353 -City Auditor 571,714 - Economic Development 9,311,788 -City Clerk 539,211 - Housing and Neighborhood Preservation 24,913,890 -City Manager 2,486,125 -Strategic Growth Area 7,292,615 -City Real Estate Assessor 2,854,180 Family & Youth Opportunities -City Treasurer 4,734,708 -Health 2,858,445 - Commissioner of the Revenue 3,652,990 -Human Services 109,970,342 -Communications and Information Technology 22,049,653 Quality Physical Environment -Finance 4,632,305 - Planning 13,637,212 -General Registrar 1,106,926 - Public Utilities 95,284,623 -Human Resources 4,152,528 -Public Works 114,961,821 -Management Services 1,461,870 Safe Community -Municipal Council 542,671 - Commonwealth's Attorney 7,345,325 -Non-Departmental 31,563,053 - Courts and Court Support 6,375,616 -Emergency Communications and Other -General Fund Debt Service 44 754 862 Citizen Services 10,206,092 -Pay-As-You-Go Capital Projects , , 40 959 979 -Emergency Medical Services 7,446,995 -Reserve for Contingencies , , 12 891 042 - Rre - Police 42,535,479 86,766,164 -Reserve for Future Commitments , , 8,511,788 -Sheriff and Conections 35,145,050 TOTAL EXPENDRURES S1,738,7415,393 Summary of Reven General Property Taxes $597,058,758 Miscellaneous Revenue 14,655,131 Other Local Taxes 257,055,306 From the Commonwealth 435,290,683 Permits, Privilege Fees, and Regulatory Licenses 4,084,291 From the Federal Government 153,391,976 Fines and Forfeitures 6,872,815 Non-Revenue Receipts 3,006,130 Use of Money and Property 8,702,219 Fund Balance/Retained Earnings 46,137,750 Charges for Services 211,490,334 TOTAL REVENUES S1,738,745,393 PROPOSED FISCAL YEAR 2011-12 CAPITAL BUDGET Summary of Project Estimates Sources of Fundinn Proiect Class FY 2011-12 Type of Financing FY 2011-12 Schools $35,549,951 Pay-As-You-Go ' $40,959,979 Roadways 131,147,231 General Fund Undesignated Fund Balance 23,863,756 Buildings 28,690,932 Other Fund Balance/Retained Earnings 13,694,850 Parks and Recreation 11,989,681 State 87,317,356 Utilities 67,136,635 Federal 919 151 5 Coastal 6,962,687 , , Economic and Tourism Development 17,270,989 Bonds/Lease Purchases 133,317,690 Communications and Information Technology 11,435,150 Other 5,110,474 Total Capital Improvement Program $310,163,256 Total Financing -All Sources 5310,183,256 Reflects cash financing, supported by revenues in the Operating Budget, that is transferred to the CIP. In addition to the Public Hearing on April 21, 2011, a second Hearing will be held on Tuesday,April 26, 2011, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Vrginia Beach, Vrginia. The Proposed Operating Budget,and Proposed Capital Improvement Program/Capital Budget documents are available at the Central Library: and all branch libraries during scheduled hours of operation. Copies are also available for examination at the City Manager's Office, the City Clerk's Office, and the Department of Management Services, in he City Hall Building, Municipal Center, between 8:00 am. and 5:00 p.m., Monday through Friday. These documents can be viewed on the City's web page located at www.vbgov corn. All Hearings are open to the public and all interested citizens will have an opportunity to be heard. To provide an opportunity for all citizens to be heard, speakers are asked to make oral comments within three minutes or other such reasonable time limit as shall be determined by City Council. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303 or by registering with the Ciiy Clerk's office on the second floor of the City Hall Building prior to the Hearing. If you are physically disabled or visuallyimpaired and need assistance at this meeting, please call 385-4303; hearing impaired, call TDD - 711. Ruth Hodges Fraser, MMC City Clerk Apri11O,2O11 Beacon 22356587 -' PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on April 26, 2011 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 1568 Sq. Ft of Space located at 301 Garcia Drive; and Approximately 1599 Sq. FL of Space located at 303 Garcia Drive. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call TDD 711 (TDD -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757)385-5659. Ruth Smith Frasier, MMC City Clerk Beacon April 17, 2011 22383677 ,~ rE ~~ ?G ~~ °; <, i..t + 'J, PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P. M. on April 26, 2011 in the City Council Chamber regarding the proposed cafe franchise leases of City-owned property located at the following locations: 1. 204 22^^ Street to MaJd & Bouhzam, Ltd t/a 204 Grill Pizza 2. 2607 Atlantic Avenue to Beachslde, LC t/a The Yacht Club Cafe 3. 39~^ Street & Oceanfront to Aqua Investment Assodates t/a North Beach Cafe 4. 1201 Atlantic Avenue to Blaster Fries, Inc. t/a Lighthouse Cafe 5. 1801 Atlantic Avenue to BBH Corporation t/a 18~^ Street Cafe 6. 2006 Atlantic Avenue to Giovannl's, Inc. t/a Giovanni's Cafe 7. 1516 Atlantic Avenue to ANSI, Inc. t/a Cancun Fiesta 8. 3224 Atlantic Avenue to Virginia George Company, Inc. t/a Dough Boys Cafe 9. 21121~~ Street to 21 Fun, LLC t/a Sharx Cafe The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above- referenced franchises should be direct to Rob Fries, SGA/Resort Management Office, by calling (757) 385-6641. Ruth Hodges Fraser, MMC City Clerk Beacon April 10 & 17, 2011 22348879 t .~" PUBLIC HEARING SALE OF EXCESS CIN PROPERN The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of excess City property, Tuesday, April 26, 2011 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The properties are located at 1537 Indiana Avenue (GPIN 2407-94- 9873); 1541 Indiana Avenue (GPIN 2407-94-9738); 1545 Indiana Avenue (GPIN 2407-94-8873); 240 Roselynn Lane (GPINs 2417-05 3581 & 2417-05-3487); 246 Roselynn Lane (GPIN 2417-05- 3586); and 205 N. Oceana Blvd (GPIN: 2417-04996). The purpose of this hearing will be to obtain public input to determine whether these properties should be declared "excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385 4303; Hearing Impaired, call 1-800- 828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385 4161. Ruth Hodges Fraser, MMC City Clerk Beacon April 17, 2011 22384505 ~,R PUBLIC HEARING SALE OF EASEMENTS OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of a restrictive easement to the United States Navy over City-owned property in the Inter-facility Traffic Area (ITA), Tuesday, April 26, 2011 at 6:00 p.m., in the Council Chamber of the City HaII Building (Building #1) Municipal Center, Virginia Beach, Virginia. The property to be subject to the easement is (by location, GPIN, approximate size): Formerly Evelyn Reynolds property, Landstown Road, 1483-68-4939, 23.519 Acres This Hearing will be to obtain public input to determine whether this easement should be declared "excess of the City's needs." If you are physically disabled or visually impaired and need assistance at this meeting, please ', call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call 1-800- 828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter ~ should be directed to the Office of Real Estate, Municipal Building #2, Room 392, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon April 17, 2011 22383415 I I. J. CONSENT AGENDA ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 5-534 re allowing dogs or horses to urinate or defecate on public or private property b. §§ 6-120.1 and 6-120.2 re the operation of personal watercraft and the regulation of personal watercraft rentals b. § 18-32 re permit required for Pawnbrokers, Junk Dealers or Second Hand Dealers 2. Ordinances to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to negotiate the disposal thereof and EXECUTE the necessary documents: a. 1537, 1541 and 1545 Indiana Avenue re Franciscus Homes, Inc. b. 240 and 246 Roselynn Lane re Franciscus Homes, Inc. c. 205 North Oceana Blvd. re Ocean Bay Homes, Inc. d. Restrictive easement in the Interfacility Traffic Area (ITA) to convey same to the United States of America, Department of the Navy 3. Ordinance to AUTHORIZE the City Manager to execute two (2) Leases, each for five (5) years or less, with Virginia Beach Community Development Corporation (VBCDC) at 301 and 303 Garcia Drive 4. Ordinance to GRANT nine (9) Franchise Agreements for Open Air Cafes in the Resort Area a. 204 Grill Pizza 204 22°d Street b. The Yacht Club Cafe 2607 Atlantic Avenue c. North Beach Cafe 39th Street and Oceanfront d. Lighthouse Cafe 1201 Atlantic Avenue e. 18th Street Cafe 1801 Atlantic Avenue £ Giovanni's Cafe 2006 Atlantic Avenue g. Cancun Fiesta 1516 Atlantic Avenue h. Dough Boys Cafe 3224 Atlantic Avenue i. Shari Cafe 211 21St Street 5. Resolution to AUTHORIZE an application for an allocation of up to $10,000,000 through the Virginia Department of Transportation (VDOT) Revenue Sharing Program re Nimmo Parkway-Phase V-A; and AUTHORIZE the City Manager to EXECUTE all necessary agreements for project development and construction 6. Resolution to AUTHORIZE an Emergency Medical Services (EMS) permit for providing private ambulance services to Eagle Medical Transports, LLC 7. Resolution to SUPPORT the Regional multi-use South Hampton Roads Trail consisting of~ forty-one (41) miles of connective links in the Cities of Chesapeake, Portsmouth, Norfolk, Suffolk and Virginia Beach 8. Ordinance to AUTHROIZE temporary encroachments into a portion of City-owned property re a variable width canal, known as Treasure Cove/Canal, for Gregory P. and Beth A. Strangeways to maintain an existing bulkhead and wharf and construct and maintain two (2) wharfs and boatlifts at 2317 Spindrift Road 9. Resolution to APPOINT Debra M. Bryan as Associate City Attorney effective May 2, 2011 10. Ordinance to APPROPRIATE $1,500 in donations and $6,400 in revenue to the FY 2010-11 Operating Budget of the Office of the City Clerk and donate these funds to the Sister Cities Association of Virginia Beach, Inc. ~^;. •, ,~ y._ ~~ ~ -sf l4`~`~_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 5-534 of the City Code Pertaining to Allowing Dogs or Horses to Urinate or Defecate on Public or Private Property MEETING DATE: April 26, 2011 ^ Background: The City has received Citizen Concerns related to horse feces left on City sidewalks. The City Code currently only prohibits a person from allowing a dog to urinate or defecate on public and private property. Mayor Sessoms asked that the City Code be amended to broaden the scope of the ordinance to include horses. ^ Considerations: This amendment will prohibit any owner or person in physical control of any dog or horse to allow said animal to urinate or defecate on private property without the property owner's consent, or to defecate on public property without immediately cleaning up after the dog or horse. ^ Public Information: Public information will be handled through the normal agenda process. ^ Recommendations: Approval ^ Attachments: Ordinance Requested by Mayor Sessoms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 REQUESTED BY MAYOR SESSOMS AN ORDINANCE TO AMEND SECTION 5-534 OF THE CITY CODE PERTAINING TO ALLOWING DOGS OR HORSES TO URINATE OR DEFECATE ON PUBLIC OR PRIVATE PROPERTY SECTION AMENDED: § 5-534 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-534 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 5-534. Allowing dogs or horses to urinate or defecate on public or private property. It shall be unlawful for any owner or person in immediate control of a dog or horse to: (1) Allow his/her dog or horse to urinate or defecate on the private property of other persons without their consent or that of the authorized agent of the one having control of the premises. (2) A_Ilow his/her dog or horse to der defecate on public property, except that defecation by a dog or horse on public property shall not constitute a violation of this section if the owner or person in immediate control of the dog or horse immediately removes the material defected and disposes of it in a safe and sanitary manner. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT: Police Department APPROVED AS TO LEGAL SUFFICIENCY: r~ ' City Attorney's Office CA11847 R-3 April 20, 2011 ,. w- ~p1A~tlFyC ~ i~ 4'~ ~~y~~~~ +'., Y p C., ! t _.• ~:4.,'• CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Amend Sections 6-120.1 and 6-120.2 of the City Code Pertaining to the Operation of Personal Watercraft and the Regulation of Personal Watercraft Rentals MEETING DATE: April 26, 2011 ^ Background: Section 6-120.1 currently mandates completion of a boating safety course for operators of personal watercraft ages 14 and 15 years old. Under state law, effective July 1, 2010, persons 35 years of age and younger must have completed a boating safety course prior to personal watercraft operation, effective July 1, 2011 persons 50 years of age and younger must complete a boating safety course prior to personal watercraft operation, and effective July 1, 2012 persons of all ages must complete a boating safety course prior to personal watercraft operation. Additionally section 6-120.2, "Regulation of personal watercraft rentals", does not currently include this reference to boating safety requirements. This section also requires the rental agency to obtain the social security number of the operators which is no longer a favored practice. ^ Considerations: Amending code sections 6-120.1 and 6-120.2 to reference the boating safety course requirements for the operation of personal watercraft and will provide personal watercraft operators and rental businesses notice pertaining to these state requirements. Additionally, removing the requirement for personal watercraft rental businesses to obtain social security numbers from their customers supports current privacy laws. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Adopt ordinance. ^ Attachments: Ordinance. Recommended Action: Approval Submitting DepartmentlAgency: Police Department City Manager. S 1 AN ORDINANCE TO AMEND SECTIONS 6-120.1 2 AND 6-120.2 OF THE CITY CODE PERTAINING TO 3 THE OPERATION OF PERSONAL WATERCRAFT 4 AND THE REGULATION OF PERSONAL 5 WATERCRAFT RENTALS 6 7 SECTIONS AMENDED: §§ 6-120.1 and 6-120.2 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 6-120.1 and 6-120.2 of the Code of the City of Virginia Beach, 13 Virginia, are hereby amended and reordained to read as follows: 14 15 Sec. 6-120.1. Restrictions on operation of personal watercraft. 16 17 (a) No person shall, in any waters of the city, including the marginal adjacent 18 ocean: 19 20 (1) Operate a personal watercraft unless each person riding on or being towed 21 behind the personal watercraft is wearing a type I, type II, type III or type V 22 personal flotation device approved by the United States Coast Guard; 23 (2) Operate a personal watercraft between sunset and sunrise; 24 (3) Operate a personal watercraft in excess of the slowest possible speed 25 required to maintain steerage and headway within fifty (50) feet of (i) any shore, 26 dock, pier, boathouse, boat ramp, or bulkhead; (ii) any vessel other than a 27 personal watercraft; (iii) the boundary of any designated swimming area; or (iv) 28 any person in the water; provided, however, that this subsection shall not be 29 deemed to prohibit a personal watercraft from towing a person who, by virtue of 30 the length of the tow rope, is less than fifty (50) feet from the personal watercraft; 31 (4) Operate a personal watercraft unless he or she is at least °~~+°°^ ~~~` 32 fourteen (14) years of age. Any person between fourteen (14) and 35 years of 33 a~C e ~ Fns ~~°°~'+ /1 A\ r~r fi{+°°n /') G.\ v°~r~ of nn° ~hnll h° nui°rl +n nn°r~+° n n°ronr»I ~ei~+°rnro h° nr c•h° 34 ~~„~~afl~~F~~~ ' -r,~.-~ti s a a so 35 ~a-s successfully completed an approved boating safety education course 36 'nn~ocl h~'R~--D{Te6tGt n--v~~+hn~ \/irnir~in I'1°r~m°n+ of ~nm~~~rl Ia 37 ~~r, ;~re~ and {+i}s carry on his or her person, while operating a personal 38 watercraft, proof of successful completion of such course. Upon the request of 39 any law-enforcement officer, such person shall provide proof of having 40 successfully completed an approved course; 41 (i) Any person 50 years of age or younger who operates a personal 42 watercraft on or after July 1, 2011 must comply with the requirements cited in (4) 43 above. 44 (ii~Any person, regardless of age, who operates a personal watercraft on 45 or after July 1, 2012 must comply with the requirements cited in (4) above. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 (5) Operate a personal watercraft unless the lanyard is attached to his or her person, clothing, or personal flotation device, if the personal watercraft is equipped with a lanyard-type engine cut-off switch; (6) Operate a personal watercraft while carrying a number of passengers in excess of the number for which the craft was designed by the manufacturer; or (7) When launching or landing a personal watercraft, approach or depart from any beach at other than an angle perpendicular to the shoreline or proceed at a speed greater than that which is necessary to maintain steerage and headway. (b) No owner or person having control of a personal watercraft shall authorize or knowingly permit a person under the age of °~~*°°^ ~~~` fourteen (14) to operate the personal watercraft bn;',~ss tbe-p°r~~~~ ^ ~~^~ ^r fif4°°n~c~~~T~°~a No owner or person having control of a personal watercraft shall authorize or knowingly permit a person fourteen (14) years of age or older who has not completed an approved boating safety education course as required by section 6-120.1.L)(4) above to operate the personal watercraft. (c) For the purposes of this section, "personal watercraft" means a motor boat less than sixteen (16) feet in length which uses an inboard motor powering a jet pump, as its primary motive power and which is designed to be operated by a person sitting, standing, or kneeling on, rather than in the conventional manner of sitting or standing inside, the vessel. (d) A violation of this section shall constitute a Class 4 misdemeanor. (e) The provisions of this section shall not apply to participants in any regatta, race, marine parade, tournament or exhibition which is approved by the Virginia Board of Game and Inland Fisheries or the United States Coast Guard. (f) A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a personal watercraft, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action, nor shall this section bar any claim which otherwise exists. Sec. 6-120.2. Regulation of personal watercraft rentals. (a) Any business which offers personal watercraft for rent shall require any person to whom a personal watercraft is rented, and any other person who will operate the personal watercraft, to fill out and sign a rental agreement or application. Such agreement or application, shall include the full legal name, address, and date of birth of the r°~ applicant and any other operator(s), and shall be kept on file fora minimum of ninety (90) days. 92 (b) Any business which offers personal watercraft for rent shall also require any 93 person to whom a personal watercraft is rented, and any other person who will operate 94 the personal watercraft, to present, prior to such rental or operation, ~a government- 95 issued identification card containing his or her photograph, and (ii) proof of successful 96 completion of a boating safety education course as required by section 6-120.1.(a)(4) 97 above. The identification card, or a copy thereof, shall be retained by 98 the business during the time the personal watercraft is $ rented. 99 100 (c) No person who rents, leases or operates a personal watercraft shall 101 knowingly misrepresent any material fact or falsify any information requested on the 102 rental agreement or application. 103 (d) Any business which offers personal watercraft for rent on a short-term basis 104 (e.g., by the hour or half-hour) shall have at least one motorboat of at least fifty (50) 105 horsepower operated by an employee or agent of the business, in order to monitor and 106 ensure the safe operation of the personal watercraft. 107 108 (e) No business which offers personal watercraft for rent shall rent a personal 109 watercraft that has an engine displacement which exceeds eight hundred (800) cubic 110 centimeters unless the personal watercraft is equipped with a mechanical device that 111 cannot be disabled or removed by a renter of the watercraft and that limits the maximum 112 attainable speed of the watercraft to no more than forty (40) miles per hour. 113 114 (f) Any business which offers personal watercraft for rent shall have at least two 115 (2) marine VHF radios in operation during the time that a personal watercraft rental is 116 being operated, and such radios shall monitor channel 16 whenever they are not being 117 actively used on a working channel. 118 119 (g) No business which offers personal watercraft for rent shall rent a personal 120 watercraft to any person who is prohibited by state law from operating a personal 121 watercraft. 122 123 (h) A violation of any provision of this section shall constitute a Class 3 124 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT Police Department APPROVED AS TO LEGAL SUFFICIENCY: City Atto y's ~9~fice CA11797/R-5/April 14, 2011 r Na 6fq~1 !~ ~'7) al ~4~'. "=1 .~~;~;:; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 18-32 of the City Code Pertaining to Permit Required for Pawnbroker, Junk Dealer, or Second Hand Dealer MEETING DATE: April 26, 2011 ' Background: It has been the practice of the City to only charge the higher precious metal permit fee to pawnbrokers, junk dealers and second hand dealers who apply for their annual permit in conjunction with a precious metal dealer permit. Recently, it was noted that the City Code provisions providing for this fee combination only listed second hand dealers and junk dealers, but not pawnbrokers. ' Considerations: This amendment will align the City Code provision related to permit fees charged to pawnbrokers with the fee actually charged by the City when a pawnbroker applies for or renews his pawnbroker permit and his precious metal dealer permit simultaneously. ' Public Information: Public information will be handled through the normal agenda process. ' Recommendations: Adopt ordinance. ' Attachments: Ordinance. Recommended Action: Submitting Department: Adopt Ordinance Police Department City Manage . S ~, 1 AN ORDINANCE TO AMEND SECTION 18-32 2 OF THE CITY CODE PERTAINING TO 3 PERMIT REQUIRED FOR PAWNBROKER, 4 JUNK DEALER, OR SECOND HAND DEALER 5 6 SECTION AMENDED: § 18-32 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 18-32 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-32. Permit required. 15 16 (a) No person shall engage in the activities of a dealer as defined in section 18- 17 76.1, pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit 18 from the chief of police. 19 20 (b) To obtain a permit, the applicant shall file with the chief of police an 21 application form which includes the applicant's full name, any aliases, address, age, 22 date of birth, sex, and fingerprints; the name, address, and telephone number of the 23 applicant's employer, if any; and the location of the applicant's place of business. Upon 24 filing this application and the payment of the permit fee set forth in subsection (g) of this 25 section, the applicant shall be issued a permit by the chief of police or his or her 26 designee, provided that the applicant has not been convicted of a felony or crime of 27 moral turpitude within seven (7) years prior to the date of application. Further, the permit 28 shall be denied if the applicant has been denied a permit or has had a permit revoked 29 under any statute or ordinance similar in substance to the provisions of this section, and 30 may be denied if the applicant has been a principal or associate in any partnership, 31 corporation or other business enterprise which has been subject to civil or criminal 32 penalty or any order to cease doing business issued by a federal, state, or local 33 governmental law enforcement or consumer protection agency. 34 35 (c) The chief of police, prior to issuance or renewal of a permit, shall determine 36 that the applicant intends to conduct business at a fixed and permanent location, and 37 shall require proof of ownership of the proposed business premises by the applicant or 38 the applicant's employer, or evidence of a valid lease of such premises held by the 39 applicant or the applicant's employer of no less duration than the term of the license. 40 Conduct of business from a hotel, motel, temporary lodging unit or similar location shall 41 not satisfy the requirements of this section. 42 43 (d) No more than sixty (60) days prior to issuance of the permit required by this 44 section, the applicant must have any weighing devices used in the business inspected 45 and approved by local or state weights and measures officials and present written 46 evidence of such approval to the chief of police or his or her designee. 47 48 (e) This permit shall be valid until the end of the current business license year 49 and may be renewed in the same manner as such permit was initially obtained upon 50 payment of an annual permit fee. No permit shall be transferable. 51 52 (f) If the business of the applicant is not operated without interruption, with 53 Saturdays, Sundays and recognized holidays excepted, the applicant shall notify the 54 chief of police of all closings and reopenings of such business. The business of a 55 applicant shall be conducted only from the fixed and permanent location specified in the 56 application for a permit. 57 58 (g) The initial and annual permit fee shall be three hundred dollars ($300) for a 59 dealer as defined in section 18-76.1, and one hundred dollars ($100) for a pawnbroker, 60 junk dealer or secondhand dealer; provided, however, that if an applicant applies for an 61 initial or renewal permit as a dealer of precious metals and gems at the same time as 62 the applicant applies for an initial or renewal permit as a pawnbroker, junk dealer or 63 secondhand dealer, the applicant need only pay the three hundred dollar ($300) permit 64 fee. If the chief of police refuses to issue such permit, the applicant shall be notified, in 65 writing, of the reasons for the refusal and the applicant may appeal such refusal to the 66 city council within thirty (30) days from the date of such notice. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT Police Department APPROVED AS TO LEGAL SUFFICIENCY: City At ey' ice CA11841 R-2 April 12, 2011 M~v. JtA RF r s7 ~ .t +1a CITY OF VIRGINIA BEACH ,~ AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 1537 Indiana Avenue (GPIN 2407-94-9873), 1541 Indiana Avenue (GPIN 2407-94-9738), and 1545 Indiana Avenue (GPIN 2407-94-8873) to be in excess of the City's needs and authorizing the City Manager to sell the properties to Franciscus Homes, Inc., a Virginia corporation. MEETING DATE: April 26, 2011 ^ Background: The City acquired 1537, 1541, and 1545 Indiana Avenue as part of the Oceana and Interfacility Traffic Area Conformity and Acquisition Program (CIP 9-060). At the time of acquisition, the three parcels were each developed with asingle- family home on lots with zoning for duplex development. All of the properties were in severe disrepair and are slated for demolition or have been demolished. The APZ-1 Disposition Committee has evaluated these properties and determined that it would be preferable to keep these properties improved with residential use, as they are in the interior of a stable residential neighborhood (Oceana Gardens). At the same time, density is being reduced through the merger of these adjacent parcels and the requirement that the interior lot lines be vacated. Only one single-family home shall be permitted for development. A Request for Proposal (the "RFP") including this building site was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Franciscus Homes, Inc., was selected to develop the site. ^ Considerations: Franciscus Homes, Inc., is interested in purchasing this building site, with development restrictions, for $62,500. If the City retains these properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. ^ Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of City property in The Virginian-Pilot Beacon. ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached Summary of Terms. ^ Revenue restriction: The City funded the acquisition of the property through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, fifty percent (50%) of the proceeds from the sale will be refunded to the Commonwealth. A manual encumbrance will be established to ensure that the funds retained by the City will be available for property acquisition in future years, per agreement with the State. ^ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: City Manager. S ~ , Public Works/Real E ate ~'~~ /G ~ -/ 1 2 AN ORDINANCE DECLARING THE PARCELS 3 LOCATED AT 1537 INDIANA AVENUE (GPIN 4 2407-94-9873), 1541 INDIANA AVENUE (GPIN 5 2407-94-9738), AND 1545 INDIANA AVENUE 5 (GPIN 2407-94-8873) TO BE IN EXCESS OF THE ~ CITY'S NEEDS AND AUTHORIZING THE CITY 8 MANAGER TO SELL THE PROPERTIES TO 9 FRANCISCUS HOMES, INC., A VIRGINIA 1 o CORPORATION 11 12 13 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 14 certain parcels of land located at 1537, 1541 I, and 1545 Indiana Avenue (collectively, 15 the "Property"), more particularly described on Exhibit "A" attached hereto and made a 16 part hereof; 17 is WHEREAS, the City acquired the Property pursuant to the APZ-1 19 Acquisition Program; 20 21 WHEREAS, the City funded the acquisition of the Property through a 22 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 23 contributing fifty percent (50%) of the funds; 24 25 WHEREAS, the Property is in the midst of other residences and at the 26 time of acquisition was improved with residential dwellings, which have been 2 ~ demolished due to their poor condition; 28 29 WHEREAS, City Council has elected to allow the reconstruction of one 3 o single-family home on the Property in order to maintain the integrity of the 31 neighborhood; and 32 33 WHEREAS, such reconstruction is a grandfathered nonconforming use 34 allowed under current zoning law; 35 36 WHEREAS, the re-development of the Property will be at a lesser density 3 ~ than the original use of the Property; 38 39 WHEREAS, a Request for Proposal ("RFP") was advertised for the 4 o potential sale of the Property; 41 42 WHEREAS, Franciscus Homes, Inc., was one of the respondents to the 43 RFP; 44 45 WHEREAS, the APZ-1 Disposition Committee has recommended that City 46 Council declare the Property to be in excess of the City's needs and sell the Property to 4 ~ Franciscus Homes, Inc; 48 49 WHEREAS, Franciscus Homes, Inc., will build one new single-family 5o home on the Property to prescribed standards acceptable to the City, including elevated 51 noise attenuation and design criteria, and Franciscus Homes, Inc will thereafter convey 52 the improved Property to an owner-occupant; 53 54 WHEREAS, Franciscus Homes, Inc., will purchase the Property in 55 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 5 6 hereof; 57 5s WHEREAS, the City Council is of the opinion that the Property is in 59 excess of the needs of the City of Virginia Beach. 60 61 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 52 OF VIRGINIA BEACH, VIRGINIA: 63 64 That the Property located at (1) 1537 Indiana Avenue, (2) 1541 Indiana 65 Avenue, and (3) 1545 Indiana Avenue is hereby declared to be in excess of the needs 66 of the City of Virginia Beach and that the City Manager is hereby authorized to execute 67 any documents necessary to convey the Property to Franciscus Homes, Inc in 6s substantial conformity with the Summary of Terms attached hereto as Exhibit "B" and 69 such other terms, conditions or modifications as are deemed necessary and sufficient 7 o by the City Manager and in a form deemed satisfactory by the City Attorney. 71 72 73 Further, that the revenue from the sale of the Property in the amount of $62,500 74 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area 75 Conformity and Acquisition, of which fifty (50) percent shall be reserved for the purpose 76 of the City Manager refunding the Commonwealth's portion in accordance with the grant 77 agreement. A manual encumbrance will be established to ensure that the $31,250 7s retained by the City will be available for BRAC program acquisitions in future years per 79 the agreement with the Commonwealth. so 81 This ordinance shall be effective from the date of its adoption. s2 s3 Adopted by the Council of the City of Virginia Beach, Virginia, on the s 4 day of , 2011. CA11690 R-1 4/13/11 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d018\p010\00011039.doc APPROVED A(S~TO CONTENT Public Works L--~- IU -11 APPROVED AS TO LEGAL ~._. SUFFICIEN X~-~~~~ //J t F , fi F' - ~/r~~ City Attorney's Office APPROVED AS TO CONTENT Management Services EXHIBIT A 1537, 1541, AND 1545 INDIANA AVENUE (GPINS 2407-94-9873, 2407-94-9738 & 2407-94-8873) PARCEL ONE (1537 Indiana Avenue): GPIN- 2407-94-9873 All that certain lot, piece or parcel of land, with the improvements thereon and appurtenances thereunto belonging situate, lying and being in the City of Virginia Beach, Virginia and designated and described as Lot 12, as shown upon a survey of Block 6, Oceana Gardens, made by W.B. Gallup, County Surveyor, dated March 20, 1947, a copy of which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21 at page 3, reference to which is hereby made to the aforesaid plat for a more particular description of said lot. LESS AND EXCEPT all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Michael P. Raine dated January 20, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20100129000097070. PARCEL TWO (1541 Indiana Avenue): GPIN- 2407-94-9738 ALL THAT certain lot, piece, or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 11, as shown on that certain plat entitled, "Survey of Block 6, Oceana Gardens for Princess Anne Homes, Inc., Virginia Beach, VA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 21, at page 3, reference to which is hereby made for a more particular description thereof. LESS AND EXCEPT all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. IT BEING the same property conveyed to the City of Virginia by deed from Michael T. Murphy dated November 10, 2009, and recorded in the aforesaid Clerk's Office as Instrument Number 20091116001318450. PARCEL THREE (1545 Indiana Avenue): GPIN- 2407-94- 8873 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated in Virginia Beach, Virginia, and known, numbered and designated as Lot 10, Block 6, as shown on the survey of Block 6, Oceana Gardens for Princess Anne Homes, Inc., dated March 20, 1947, made by W.B. Gallup, County Surveyor, and duly recorded in Map Book 21, at Page 3, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. LESS AND EXCEPT all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from John N. Favero and Patricia C. Favero, dated May 28, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20100615000585910. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1537, 1541, AND 1545 INDIANA AVENUE (GPINS 2407-94-9873, 2407-94-9738 & 2407-94-8873) (FORMERLY SEPARATE BUILDING SITES, TO BE RESUBDIVIDED INTO ONE BUILDING SITE) SELLER: City of Virginia Beach PURCHASER: Franciscus Homes, Inc., a Virginia corporation PROPERTY: 18,750 square feet of property generally known as 1537, 1541, and 1545 Indiana Avenue (GPINs 2407-94-9873, 2407-94-9738 & 2407-94-8873); and SALE PRICE: $62,500 CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the property with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on the site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the Property to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. a ~S C7 ti o M N aN~o~ a M ~ ~ ~ m a C ~ M d0 Z ~ ~ h ~ _c ~ D~~ti~~ p N ~ Q m ~ ~ O N o `- ti U cv CZc~ °° Ri_~N p J ~ d N ~ m C C7 - --- p ~o ~ ' v c - - _ __ s a M M ~ ^ ^ Z ~~ N 1~ N N N1 3ladlW U ti 0 N .0 ~ m 6 V ~ F ~~ s O ~fl i N AI t 41 C c i O C d ~ c ` N O N d Q ' u ~ N z.. . ~ H Z ~, a s ~ u d -p ~ U Q Q U ~? o ~ U a ~,~ i c LJ O -~ Z .~ r~~ V.P°A`. ~r l J `' !~~" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcels located at 240 Roselynn Lane (GPIN 2417-05-3581 & 2417-05-3487) and 246 Roselynn Lane (GPIN 2417-05- 3586) to be in excess of the City's needs and authorizing the City Manager to sell the properties to Franciscus Homes, Inc., a Virginia corporation. MEETING DATE: April 26, 2011 ^ Background: The City acquired 240 and 246 Roselynn Lane as part of the Oceans and Interfacility Traffic Area Conformity and Acquisition Program (CIP 9-060). At the time of acquisition, the parcels had the potential for 3 duplexes and 240 Roselynn was developed with asingle-family home. The property was in severe disrepair and was demolished. The APZ-1 Disposition Committee has evaluated these properties and determined that it would be preferable to keep these properties improved with residential use, as they are in the interior of a stable residential neighborhood (Oceans Gardens). At the same time, density is being reduced through the merger of these adjacent parcels and the requirement that the interior lot lines be vacated. Only one single-family home shall be permitted for development. A Request for Proposal (the "RFP") including this building site was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Franciscus Homes, Inc., was selected to develop the site. ^ Considerations: Franciscus Homes, Inc., is interested in purchasing this building site, with development restrictions, for $62,500. If the City retains these properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot. ^ Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of City property in The Virginian-Pilot Beacon. ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached Summary of Terms. ^ Revenue restriction: The City funded the acquisition of the property through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, fifty percent (50%) of the proceeds from the sale will be refunded to the Commonwealth. A manual encumbrance will be established to ensure that the funds retained by the City will be available for property acquisition in future years, per agreement with the Commonwealth. ^ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Rea state Ln ,/~ City Manage . ~ t~ `z`~ 1 2 AN ORDINANCE DECLARING THE PARCELS 3 LOCATED AT 240 ROSELYNN LANE (GPINS 4 2417-05-3581 & 2417-05-3487) AND 246 5 ROSELYNN LANE (GPIN 2417-05-3586) TO BE 5 IN EXCESS OF THE CITY'S NEEDS AND ~ AUTHORIZING THE CITY MANAGER TO SELL s THE PROPERTIES TO FRANCISCUS HOMES, 9 INC., A VIRGINIA CORPORATION. 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 12 certain parcels of land known as 240 and 246 Roselynn Lane (collectively, the 13 "Property"), more particularly described on Exhibit "A" attached hereto and made a part 14 hereof; 15 16 WHEREAS, the City acquired the Property pursuant to the APZ-1 17 Acquisition Program; is 19 WHEREAS, the City funded the acquisition of the Property through a 2 o partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 21 contributing fifty percent (50%) of the funds; 22 23 WHEREAS, the Property is in the midst of other residences and at the 24 time of acquisition was improved with a residential dwelling, which has been demolished 25 due to its poor condition; 26 27 WHEREAS, City Council has elected to allow the reconstruction of one 2 s single-family home on the Property in order to maintain the integrity of the 2 9 neighborhood; and 30 31 WHEREAS, such reconstruction is a grandfathered nonconforming use 32 allowed under current zoning law; 33 34 WHEREAS, the re-development of the Property will be at a lesser density 35 than the original use of the Property; 36 3 ~ WHEREAS, a Request for Proposal ("RFP") was advertised for the 3 s potential sale of the Property; 39 4 o WHEREAS, Franciscus Homes, Inc., was one of the respondents to the 41 RFP; 42 43 WHEREAS, the APZ-1 Disposition Committee has recommended that City 44 Council declare the Property to be in excess of the City's needs and sell the Property to 45 Franciscus Homes, Inc; 46 47 WHEREAS, Franciscus Homes, Inc., will build one new single-family 4 s home on the Property to prescribed standards acceptable to the City, including elevated 49 noise attenuation and design criteria, and Franciscus Homes, Inc., will thereafter convey 5o the improved Property to an owner-occupant; 51 52 WHEREAS, Franciscus Homes, Inc., will purchase the Property in 53 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 54 hereof; 55 56 WHEREAS, the City Council is of the opinion that the property is in excess 57 of the needs of the City of Virginia Beach. 58 59 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 6o OF VIRGINIA BEACH, VIRGINIA: 61 62 That the Property located at (1) 240 Roselynn Lane and (2) 246 Roselynn 63 Lane is hereby declared to be in excess of the needs of the City of Virginia Beach and 64 that the City Manager is hereby authorized to execute any documents necessary to 65 convey the Property to Franciscus Homes, Inc., in substantial conformity with the 66 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 67 modifications as are deemed necessary and sufficient by the City Manager and in a 6 s form deemed satisfactory by the City Attorney. 69 7 o Further, that the revenue from the sale of the Property in the amount of 71 $62,500 shall be received and appropriated to CIP #9-060, Oceana and Interfacility 72 Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for 73 the purpose of the City Manager refunding the Commonwealth's portion in accordance 74 with the grant agreement. A manual encumbrance will be established to ensure that the 75 $31,250 retained by the City will be available for BRAC program acquisitions in future 76 years per the agreement with the Commonwealth. 77 7s This ordinance shall be effective from the date of its adoption. 79 s o Adopted by the Council of the City of Virginia Beach, Virginia, on the s 1 ~~d~~ay of , 2011. CA 1159 R-1 4/13/11 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d023\p008\00064582.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Public Works e Management Services APPROVED AS TO-.LEGAL .. SUFFICIE CY ,~ .., ,~ __. ~~ . ~_ City Attorney's Office s J a w 2 W I- 2 w M ~- M n ~ M 8 dNt/3~0 ~ 0 ~ 0 ~ 0 ~ ~ ti N N ~ N __ N1 NNJ~ :`= (~ ti ~ '~ ~ °o N d tD Q C M 00 ~ ~ ~ Z ~_ C M M 3 m ~ ~ C 0 r- U C N ~ ~ 0 ~aNN p N ~ O ` 0 °+r' m ea ~ o ~n -ti V! AI . ~ C d c O ~, N O N O N a ~ N ~ a'o ~ U Q Q U ~N F- ~ ~'~ pQ J Z .~ EXHIBIT A 240 ROSELYNN LANE (GPINS 2417-05-3581 & 2417-05- 3487) AND 246 ROSELYNN LANE (GPIN 2417-05-3586) PARCEL ONE: 240 ROSELYNN LANE (GPIN- 2417-05-3581 8~ 2417-05-3487) ALL THOSE certain lots, pieces, or parcels of land, situate, lying and being in Oceana Gardens of Lynnhaven magisterial Borough of Virginia Beach, Virginia, and known, numbered and designated as Lots 37 and 38, of the plat of Hillcrest, which plat is duly 2 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8, reference to which is hereby made for a more particular description thereof. LESS AND EXCEPT all right, title and interest of the Seller in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING the same property conveyed to the City of Virginia Beach by Deed of Mary Meeks White Fruit a/k/a Mary M. Fruit, dated March 26, 2010 and recorded in the aforesaid Clerk's Office as Instrument No. 20100416000348490. PARCEL TWO: 246 ROSELYNN LANE (GPIN 2417-05- 3586 ALL THAT certain lot, piece, or parcel of land, lying and being in Oceana Gardens of Lynnhaven Borough of Virginia Beach, Virginia, known, numbered and designated as Lot Thirty-Six (36), on the plat of Hillcrest, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 8. LESS AND EXCEPT all right, title and interest of the Seller in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING the same property conveyed to the City of Virginia Beach by deed from Keith E. Garneau dated December 26, 2007 and recorded in the aforesaid Clerk's Office as Instrument Number 20080102000006970. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY KNOWN AS 240 ROSELYNN LANE (GPINS 2417- 05-3581 8~ 2417-05-3487) AND 246 ROSELYNN (GPIN 2417-05-3586) (FORMERLY SEPARATE BUILDING SITES, TO BE RESUBDIVIDED INTO ONE BUILDING SITE) SELLER: City of Virginia Beach PURCHASER: Franciscus Homes, Inc, a Virginia Corporation PROPERTY: 18,812 square feet of property generally known as 240 and 246 Roselynn Lane (GPINS 2417-05-3581, 2417-05-3487, and 2417- 05-3586). SALE PRICE: $62,500 CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the property with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on the site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the Property to vacate interior lot lines. • Purchaser shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. .lln BFI` P ,_ 1 ^Y7 .. ,~ ~_ ' !'Y =l ;~ -, `~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the parcel located at 205 N. Oceana Blvd. (GPIN 2417-04-4996) to be in excess of the City's needs and authorizing the City Manager to sell the property to Ocean Bay Homes, Inc., a Virginia corporation. MEETING DATE: April 26, 2011 ^ Background: The City acquired 205 N. Oceana Blvd. as part of the Oceana and Interfacility Traffic Area Conformity and Acquisition Program (CIP 9-060). At the time of acquisition, the parcel was developed with asingle-family home on a duplex lot. The APZ-1 Disposition Committee has evaluated the property and determined that the existing residence is in good condition and should be renovated rather than demolished. The house is deemed to be contributing to the potential historic district of Oceana Gardens and rehabilitation will retain the resource. Additionally, the property is bordered by properties that do not qualify for acquisition. Thus, there is no opportunity for assemblage. A Request for Proposal (the "RFP") including this property was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Ocean Bay Homes, Inc., a Virginia corporation was selected to purchase the property. ^ Considerations: The property will be occupied quickly, which will prevent vagrants and vandalism. Ocean Bay Homes, Inc. will be required to renovate the existing structure with enhanced noise attenuation and also comply with City codes and City regulations. The property will be sold subject to a deed restriction limiting the site to single-family use and prohibiting future participation in the Acquisition Program. Ocean Bay Homes, Inc. has offered to purchase the property for $75,000. If the City retains this property, the City must pay to maintain the lot at an estimated annual cost of $630. ^ Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of City property in The Virginian-Pilot Beacon. ^ Alternatives: Approve terms of proposed purchase agreement, alter terms of the proposed purchase agreement, or keep the Property in the City inventory. ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached Summary of Terms. ^ Revenue restriction: The City funded the acquisition of the property through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, fifty percent (50%) of the proceeds from the sale will be refunded to the Commonwealth. A manual encumbrance will be established to ensure that the funds retained by the City will be available for property acquisition in future years, per agreement with the Commonwealth. ^ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/ al Estate`- p ~~' City Manager. k . 1 AN ORDINANCE DECLARING THE PARCEL 2 LOCATED AT 205 N. OCEANA BLVD. (GPIN 3 2417-04-4996) TO BE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE CITY s MANAGER TO SELL THE PROPERTY TO 6 OCEAN BAY HOMES, INC., A VIRGINIA ~ CORPORATION. s 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain to parcel of land and the residence thereon located at 205 N. Oceana Blvd. (the 11 "Property") more particularly described on Exhibit "A" attached hereto and made a part 12 hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 is Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Property through a is partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a residential dwelling; 23 24 WHEREAS, the APZ-1 Disposition Committee and the Oceana Land Use 25 and Conformity Committee have recommended the renovation of the single-family 26 home in order to maintain the integrity of the neighborhood; and 27 2s WHEREAS, the renovation is a grandfathered nonconforming use allowed 29 under current zoning law; 30 31 WHEREAS, a Request for Proposal ("RFP") was advertised for the 32 potential sale of the Property; 33 34 WHEREAS, Ocean Bay Homes, Inc. responded to the RFP with an offer 35 to purchase the Property; 36 37 WHEREAS, the APZ-1 Disposition Committee has recommended that City 3s Council declare the Property to be in excess of the City's needs and sell the Property to 3 9 Ocean Bay Homes, Inc.; 40 41 WHEREAS, Ocean Bay Homes, Inc. will renovate the single-family home 42 on the Property to prescribed standards acceptable to the City, including elevated noise 43 attenuation standards, and will thereafter sell the Property to an owner-occupant; 44 45 WHEREAS, Ocean Bay Homes, Inc. will purchase the Property in 46 accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part 4 ~ hereof; 48 49 WHEREAS, the City Council is of the opinion that the property is in excess 50 of the needs of the City of Virginia Beach. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 53 OF VIRGINIA BEACH, VIRGINIA: 54 55 That the Property located at 205 N. Oceana Blvd. is hereby declared to be in 56 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 57 authorized to execute any documents necessary to convey the Property to Ocean Bay 5s Homes, Inc., in substantial conformity with the Summary of Terms attached hereto as 59 Exhibit B and such other terms, conditions or modifications as are deemed necessary 6 o and sufficient by the City Manager and in a form deemed satisfactory by the City 61 Attorney. 62 63 Further, that the revenue from the sale of the Property in the amount of $75,000 64 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area 65 Conformity and Acquisition, of which fifty (50) percent shall be reserved for the purpose 66 of the City Manager refunding the Commonwealth's portion in accordance with the grant 6~ agreement. A manual encumbrance will be established to ensure that the $37,500 6s retained by the City will be available for BRAC program acquisitions in future years per 69 the agreement with the Commonwealth. ~o 71 This ordinance shall be effective from the date of its adoption. 72 ~3 Adopted by the Council of the City of Virginia Beach, Virginia, on the 74 day of , 2011. CA11028 R-1 4/11/11 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d011 \p010\00014401.doc APPROVED AS TO CONTENT 1 Public Works ~~ \y\ 1~ ~~ APPROVED AS TO LEGAL SUFFICIENCY -. ,) .~-- ~-.-- APPROVED AS TO C TENT l.i~ , Management Services City Attorney's Office i ~ x E co ~, N N rn Y ~ (O LL O O a a ~ ~ N ~ C m ~ L ~ ~ C ~ q Z ~ C d 0 ~ O O ~ O v a .N vzZ m Ora o JNC7 `n o t r O 0 z ~J L`, ~ - ~~ m ~ O'> _J et _- ~ O ti r N N 18 `dN`d3~0 Nl NNJl~BSOb f~ ~(~I i s ~ ;i Q I'- I~- ___~ ~J -I_ _ Q ~~ ~ -~ l Z ~ _ Q o z ~ Y ~ d }+ m m I -- J ' ~ (~ ~ N U O ~ z ' H ^I ~ r ~ ~ ~ ~+' C o a i m C ~ as ~ N as o C ~ v: m w ~, a a ~ L t/a ~Z W ~~aalY Y U A ~O ~ 1 \ Z ~ a EXHIBIT A 205 N. Oceana Blvd (GPIN: 2417-04-4996) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, lettered and designated as Parcel A, as shown on that certain plat entitled, "Resubdivision of Property of VB Contractors, Inc. (D.B. 3435, P. 1288, M.B. 13, P.8), Lynnhaven Borough, Va. Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 241, at page 8. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. IT BEING the same property conveyed to the City of Virginia Beach by deed from George C. Treiber and Nina F. Treiber, husband and wife, and Willie E. Shipp, unmarried dated January 23, 2008, and recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, as Instrument Number 20080125000093550. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASER: Ocean Bay Homes, Inc., a Virginia corporation PROPERTY: 10,794 square feet of property generally known as 205 N. Oceana Boulevard (GPIN 2417-04-4996); Single Family Rehabilitation, Built 1950* SALE PRICE: $75,000 CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Purchaser, or any future owner, will be subject to a deed restriction preventing participation in the APZ-1 Acquisition Program. • Renovation and noise attenuation shall be started within 90 days of settlement and completed within 12 months of settlement • Purchaser shall not demolish the existing structure. • Purchaser shall preserve the exterior style and character of the existing structure to the extent practicable. • Purchaser shall complete renovations in accordance with Exhibit A of the Sales Agreement. 1 ~y~NU ~ .., cy. o`` `''~ f~ x ~~ S 4~,, s~~ ~:~-:°~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easement over City-owned property (GPIN 1483-68-4939) in the Interfacility Traffic Area (ITA) to be excess property and authorize the City Manager to convey same to the United States of America MEETING DATE: April 26, 2011 ^ Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Inter-facility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easements") over property the City acquires in the ITA, and the Navy would pay to the City the fair market value of the restrictive easement up to 50% of the City's acquisition cost of each ITA property. The City has continued to meet its commitment to acquire properties in the APZ-1 area and the ITA by annually appropriating $7,500,000 to match State funding for property acquisition. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 367 acres at a total sales price of $5,107,245 and in exchange for the Marshview property. The City has acquired the following additional property in the ITA, and the Navy wishes to purchase an easement over this property pursuant to the Encroachment Partnering Agreement: Address/Location Size GPIN Former City's Cost Purchase Funds to Be (acres) Owner to Price from Returned to Acquire Navy for Commonwealth Easement Landstown Road 23.519 1483-68-4939 Evelyn $474,000 $237,000 $118,500 Re Holds ^ Considerations: By Ordinance 30006, adopted on September 25, 2007, the City approved the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements, which form is attached as an exhibit to the Encroachment Partnering Agreement. The Restrictive Easement to be conveyed over the property identified above would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of this Restrictive Easement would recoup for the City and the Commonwealth 50% of the purchase price paid for this ITA acquisition, for a total amount of $237,000. ^ Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian-Pilot Beacon. ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easement, subject to the terms and conditions of the Encroachment Partnering Agreement. ^ Revenue restriction: The City funded the acquisition of the ITA property listed above (as noted in the far right column in the above table) through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds needed to acquire the properties. The proceeds from the sale of the Restrictive Easements over these properties will be deposited into the Oceana and ITA Conformity and Acquisition Project (CIP #9-060), and the Commonwealth's portion will be refunded to the Commonwealth. The funds retained by the City from the sale of the restrictive easement to the Navy will be used as matching funds for property acquisition in future years, by agreement with the State. The annual General Fund transfer to the Oceana and ITA Conformity and Acquisition Project (CIP #9-060) in future years is not expected to exceed $7,500,000. A manual encumbrance will be established to ensure that the funds retained by the City are available in future years for property acquisition in the APZ-1, the ITA, and other areas of special concern to the Navy. ^ Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement Recommended Action: Approval of the Ordinance Submitting Department/A ency: Public Wor a Estat' CSC-~~1~ t-(~ (y~ ~~ City Manage : ~k~ ~ ~' ,,1~ 1 2 ORDINANCE TO DECLARE RESTRICTIVE EASEMENT OVER 3 CITY-OWNED PROPERTY IN THE INTERFACILITY TRAFFIC 4 AREA (ITA) TO BE EXCESS AND AUTHORIZE THE CITY 5 MANAGER TO CONVEY SAME TO THE UNITED STATES OF 6 AMERICA 7 s WHEREAS, the City of Virginia Beach (the "City") is the owner of a certain parcel 9 of land (the "Property") located in the Interfacility Traffic Area (the "ITA") in the City of to Virginia Beach, Virginia, which Property is identified as follows: 11 12 Landstown Road, 1483-68-4939, 23.519 Acres 13 14 15 WHEREAS, on September 27, 2007, the City and the United States of 16 America, Department of the Navy (the "Navy") entered into an agreement (the 17 "Encroachment Partnering Agreement") to partner to acquire property in the ITA; is 19 WHEREAS, the terms and provisions of the Encroachment Partnering 2 o Agreement provide that the City will sell to the Navy restrictive easements (the 21 "Restrictive Easement(s)") over property the City acquires in the ITA, and in exchange 22 the Navy will pay to the City the fair market value of the Restrictive Easements, up to 23 50% of the City's acquisition cost of each ITA property; 24 25 WHEREAS, the City acquired the Property pursuant to the ITA Acquisition 26 Program and the APZ-1/Clear Zone Acquisition Program; 27 28 WHEREAS, the City funded the acquisition of the Property through a 29 partnership with the Commonwealth of Virginia (the "Commonwealth"), with the City and 3 o the Commonwealth each contributing fifty percent (50%) of the acquisition funds; 31 32 WHEREAS, the City Council of the City of Virginia Beach finds that the 33 Restrictive Easement over the Property is in excess of the City's needs and finds that 34 the sale of the Restrictive Easements over the Properties to the Navy, pursuant to the 3 5 terms of the Encroachment Partnering Agreement entered into in 2007, will allow the 3 6 City and the Commonwealth to recoup 50% of the purchase price of the Property. 37 3s NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 1. That a Restrictive Easement over the following Property located in the ITA 42 is hereby declared to be in excess of the needs of the City of Virginia Beach: 43 44 Landstown Road, 1483-68-4939, 23.519 Acres 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 2. That the City Manager is hereby authorized to execute any documents necessary to convey the Restrictive Easement over the Property to the Navy, in substantial conformity with the terms and provisions of the Encroachment Partnering Agreement dated September 27, 2007, as amended, and such other terms, conditions or modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 3. That the revenue from the sale of each of the Restrictive Easement (up to the total amount of $237,000) shall be received by the City and appropriated to the Oceana and Interfacility Traffic Area Conformity and Acquisition Project (CIP 9-060); and the City Manager shall thereafter refund the Commonwealth's portion (50%) of such revenue in the total amount of $118,500 from CIP #9-060, with a manual encumbrance being established to ensure that the balance of the funds remains available for property acquisition in future years in accordance with the City's agreement with the Commonwealth; and This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. R-1 4/15/2011 CA11696 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d011 \p010\00009859.doc ,APPROVED AS TO CONTENT ,, ` ` ~ ~~ ~~ ~ ~n Public Works y //~/ !~ APPROVED AS TO CONTENT ~ ~ ~. Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement is 5 years, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised value of the restrictive easement or 50% of the City's fee simple purchase price, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy will fund this arrangement with $3 million', plus the Marshview property (the Navy will convey Marshview, in fee, to the City in exchange for the City placing restrictive easements over its ITA properties). 4. The Navy and the City will share the costs of the appraisals. 5. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d011 \p010\00009856.doc ~ Increased to up to approximately $7,000,000, to the extent funds are available by ORD-3053C adopted September 23, 2008. EXHIBIT A TO GRANT OF EASEMENT TABLE 1 -AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB DNL >75 dB DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing Y Y Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; photographic and optical goods; watches and clocks Y Y Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of--way Y Y Automobile parking Y Y Communication Y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade -building materials, hardware and farm equipment Y Y Retail trade -general merchandise Y Y Retail trade -food Y Y Retail trade -automotive, marine craft, aircraft and accessories Y Y Retail trade -apparel and accessories Y Y Services Retail trade -furniture, home, furnishings and equipment Y Y Retail trade -eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage Y Y Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y j ~. i' f ~ , . -~ ~, s f .. ,~ ,`i F. y~ . / e,, \ i ti ~ ~ ,~\ ~ .r' ~ ' ~ ~ l ~ 'i3 y~p~i ~ ~. . ~ , r ,'~ ._~. .~ t .~ ~,~'., r [ ~ ~5 / . ~ ~`V `\ t ~/ f ~~~ pz.3 14~ ~ ~ f: ~ ~ 4 {~ .~ ~' '~ , l ~ ~ 1 ~~ X 1 3 riu14 i ~ _.-~! ~ ~ t ~ ei ,a ~i° t r'` ~ ~ 1 1'~ ~. ~, ,.• r, '~ ~ ~ ~ _ - ~, i ~'a 8 i . i ;11 ~ _,- r- '~ ~ % .~ '~ - /• \ ~~ c - c x~ / ~ 1 ~ 0 ~ ~ € ~ ._ {. t ~ ~`. ~' a t~~ ~ ~ t ~ ~~ ~ ~r ~ ~~ ~ ~ ~. ~ y • ~ ri .~ ` ~ ~ ~ f ~- ~ _ 1 ~ / ~' .~ i iii .l i ~ n i ~ r '~ I ~ ~4II t , r ~ ~ J '' `./ ,` R ~ ig it .~ ~~ ~j}C ~~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute leases for five years or less with Virginia Beach Community Development Corporation for the use of two (2) residential properties located at 301 Garcia Drive and 303 Garcia Drive (GPIN 2417-15-1989) MEETING DATE: April 26, 2011 ^ Background: Virginia Beach Community Development Corporation ("VBCDC") a Virginia non-stock corporation would like to lease one duplex property with two dwellings to be used as single-family units. The duplex was acquired by the City through the Oceana and Interfacility Traffic Area Conformity and Acquisition Program (CIP 9-060). The duplex was constructed in 2005 and is in good condition. These dwellings will be used for affordable rental housing for Virginia Beach residents. ^ Considerations: Each lease would be for a term of one (1) year, with four one- year renewals. ^ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ^ Alternatives: Approve terms of the proposed leases as presented, alter terms of the proposed leases or decline to lease the properties. ^ Recommendations: Approval ^ Attachments: Ordinance, Summary of Terms, Location map Recommended Action: Approval Submitting Department/Agency: Public Works /Facilities Management Office City Manager. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASES FOR FIVE YEARS OR LESS WITH VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION FOR THE USE OF TWO (2) RESIDENTIAL PROPERTIES LOCATED AT 301 GARCIA DRIVE AND 303 GARCIA DRIVE (GPIN 2417- 15-1989) WHEREAS, the City of Virginia Beach ("the City") is the owner of those certain parcels of land and the residences thereon located at 301 Garcia Drive and 303 Garcia Drive, and shown on Exhibit "A" attached hereto (the "Properties"); WHEREAS, the Virginia Beach Community Development Corporation ("VBCDC") has requested to lease the Properties for $1.00 per year each and will perform all required maintenance; WHEREAS, no previous authorization from Council has been given for the execution of a written lease for the Properties; WHEREAS, the VBCDC would like to enter into formal leases with the City for the Properties pursuant to the Summary of Terms attached hereto as Exhibit "B"; WHEREAS, the Properties will be utilized for affordable rental housing for Virginia Beach residents and for no other purpose; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute two (2) leases, each for the term of five years or less, between VBCDC and the City, for the Properties in accordance with the Summary of Terms attached hereto and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011 CA11694 R-1 \\vbgov.com\dfs 1lapplications\citylawprod\cycom 32\wpdocs\d008\p014\00009271.doc 4/13/11 APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney APPROVED AS TO CONTENT ~~ Facilities Manager ~r ~ I I Y 2~ 4 N ~~ BIRD ~a~8 Y m N = N i 1 ~- 00 r ~ - I~ _ _ r J ~ m N _ U W m Q Z_ C~ ~_ H W +- aw a~i O> ~o ~ N aao~ ~w v~ zz °oQ~ o ~~ V H o Z p U`~'a J ~ °~ C7 O~ W M ~ W J ^~ A ~ -a ~ m +, m - ~ ~ ~ ~~ a -°~ L ~ H NI d N a ~ ~ o -~ s N N ° H ~, ' a ~ ~'a N L a ° ' Q. ~'Z ~ c o tq U Q - Q U ~N E- ~ ~ ~ -, ~' I_ ~ ~'a r _, J ', C Z ._ SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: One duplex residential property: • 301 Garcia Drive (GPIN 2417-15-1989-0301); and • 303 Garcia Drive (GPIN 2417-15-1989-0303) TERM: July 1, 2011, through June 30, 2012, with 4 one-year renewal options RENT: $1.00 per year for each property RIGHTS AND RESPONSIBILITIES OF VBCDC (as to each lease): • Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. • At no time shall more than one single-family reside in the dwelling unit. • Will sound-attenuate the Premises at its expense. • Will make repairs needed to bring property up to code compliance, but shall not otherwise modify the Premises without prior approval from City. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. VBCDC shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. TERMINATION: The City may terminate each lease at any time without cause upon thirty (30) days' written notice. ~`NU ~y~ ~ ~ . ~~ 4~~~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Nine Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: April 26, 2011 ^ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request afive-year franchise agreement. ^ Considerations: Virginia George Company, Inc., t/a Dough Boys Cafe, is seeking aone-year franchise agreement for the operation of an Atlantic Avenue Side Street Cafe located at 3224 Atlantic Avenue. The following eight (8) entities have successfully operated open air cafes pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) Majd & Bouhzam, Ltd., t/a 204 Grill Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) Beachside, LC, t/a The Yacht Club Cafe, for operation of a Boardwalk Cafe; (3) Aqua Investments Associates, t/a North Beach Cafe, for operation of a Boardwalk Cafe; (4) Blaster Fries, Inc., t/a Lighthouse Cafe, for operation of a Boardwalk Cafe; (5) BBH Hughes Corporation, t/a 18th Street Cafe, for operation of a Connector Park Cafe; (6) Giovanni's Inc, t/a Giovanni's Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; (7) ANSHI, Inc., t/a Cancun Fiesta, for operation of an Atlantic Avenue Sidewalk Cafe; and (8) 21 Fun, LLC, t/a Sharx, for operation of an Atlantic Avenue Side Street Cafe. ^ Public Information: A public notice was published in The Beacon on April 10, 2011 and April 17, 2011. ^ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area Office City Manager , l 1 AN ORDINANCE GRANTING NINE 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15t" and 24t" streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20t" and 23~d Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15t" and 24t" Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request afive-year franchise 25 agreement; and 26 27 WHEREAS, Virginia George Company, Inc., t/a Dough Boys Cafe, is seeking a 28 one-year franchise agreement for the operation of an Atlantic Avenue Side Street Cafe 29 located at 3224 Atlantic Avenue; and 30 31 WHEREAS, the following eight (8) entities have successfully operated open air 32 cafes pursuant to either one-year or five-year franchise agreements, and are seeking 33 renewal of their franchise agreements for five year terms: (1) Majd & Bouhzam, Ltd., t/a 34 204 Grill Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) Beachside, LC, 35 t/a The Yacht Club Cafe, for operation of a Boardwalk Cafe; (3) Aqua Investment 36 Associates, t/a North Beach Cafe, for operation of a Boardwalk Cafe; (4) Blaster Fries, 37 Inc., t/a Lighthouse Cafe, for operation of a Boardwalk Cafe; (5) BBH Hughes 38 Corporation, t/a 18t" Street Cafe, for operation of a Connector Park Cafe; (6) Giovanni's 39 Inc., t/a Giovanni's Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; (7) ANSHI, 40 Inc., t/a Cancun Fiesta, for operation of an Atlantic Avenue Sidewalk Cafe; and (8) 21 41 Fun, LLC, t/a Sharx, for operation of an Atlantic Avenue Side Street Cafe; and 42 43 WHEREAS, the Strategic Growth Area Office recommends that the above- 44 named entities be granted open air cafe franchise agreements. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH: 48 49 1. That the City Council hereby grants cone-year franchise agreement to 50 Virginia George Company, Inc., t/a Dough Boys Cafe, subject to the terms and 51 conditions of all ordinances, resolutions, and regulations applicable to open air cafes. 52 53 2. That the City Council hereby grants five-year franchise agreements to (1) 54 Majd & Bouhzam, Ltd., t/a 204 Grill Cafe, for operation of an Atlantic Avenue Side 55 Street Cafe; (2) Beachside, LC, t/a The Yacht Club Cafe, for operation of a Boardwalk 56 Cafe; (3) Aqua Investment Associates, t/a North Beach Cafe, for operation of a 57 Boardwalk Cafe; (4) Blaster Fries, Inc., t/a Lighthouse Cafe, for operation of a 58 Boardwalk Cafe; (5) BBH Hughes Corporation, t/a 18th Street Cafe, for operation of a 59 Connector Park Cafe; (6) Giovanni's Inc., t/a Giovanni's Cafe, for operation of an 60 Atlantic Avenue Sidewalk Cafe; (7) ANSHI, Inc., t/a Cancun Fiesta, for operation of an 61 Atlantic Avenue Sidewalk Cafe; and (8) 21 Fun, LLC, t/a Sharx, for operation of an 62 Atlantic Avenue Side Street Cafe, subject to the terms and conditions of all ordinances, 63 resolutions, and regulations applicable to open air cafes. 64 65 Adopted by the City Council of Virginia Beach, Virginia on this day of April, 66 2011. Approved as to Content: Approved as to Legal Sufficiency: Strategic Growth Area Office City Attorney' ffice CA11838 R-1 April 14, 2011 2011 OPEN AIR CAFE FRANCHISE SUMMARY SHEET NEW FRANCHISE (ONE-YEAR TERM) (1) Virginia George Company, Inc., t/a Dough Boys Cafe, for operation of an Atlantic Avenue Side Street Cafe. RENEWAL FRANCHISES (FIVE-YEAR TERMS) (1) Majd & Bouhzam, Ltd., t/a 204 Grill Cafe, for operation of an Atlantic Avenue Side Street Cafe. (2) Beachside, LC, t/a The Yacht Club Cafe, for operation of a Boardwalk Cafe. (3) Aqua Investments Associates, t/a North Beach Cafe, for operation of a Boardwalk Cafe. (4) Blaster Fries, Inc., t/a Lighthouse Cafe, for operation of a Boardwalk Cafe. (5) BBH Hughes Corporation, t/a 18t" Street Cafe, for operation of a Connector Park Cafe. (6) Giovanni's Inc, t/a Giovanni's Cafe, for operation of an Atlantic Avenue Sidewalk Cafe. (7) ANSHI, Inc., t/a Cancun Fiesta, for operation of an Atlantic Avenue Sidewalk Cafe. (8) 21 Fun, LLC, t/a Sharx, for operation of an Atlantic Avenue Side Street Cafe. •~S ~ U ~ir ~~` '4,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize an Application for Project Matching Funds under the VDOT Revenue Sharing Program for the Nimmo Parkway Phase V-A Project MEETING DATE: April 26, 2011 ^ Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 2011-12, which allows fora 50/50 match between the State and locality for projects that can enhance safety and/or capacity. Effective July 1, 2011, localities may apply for up to $10 million per year in matching funds (the previous limit was $1 million per year). In anticipation of that effective date, VDOT has requested applications using the higher amount. The City has identified the Nimmo Parkway-Phase V-A project (CIP #2-121) as a candidate project for this program. The Nimmo Parkway-Phase V-A project is currently in VDOT's Six-Year Improvement Program and the City's Capital Improvement Program. The project will provide an alternate access around the Municipal Center and will alleviate traffic congestion on Princess Anne Road, North Landing Road, and Holland Road. This project is scheduled to be advertised in FY 2012 and the total project cost estimate is approximately $64 million. ^ Considerations: The Revenue Sharing Program gives those localities that contribute a share equal to the matching requirement be given higher priority over other localities. There is sufficient funding in the project to satisfy the required local match. The additional State funding under the Revenue Sharing Program would help ensure that the project receives adequate funding to be constructed in a timely manner. ^ Public Information: Public meetings have previously been held as part of the design process. This item will be advertised as part of the normal Council agenda process. ^ Recommendations: Adopt the attached resolution. ^ Attachments: Resolution and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager~5 ~~ , bYl-~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A RESOLUTION TO AUTHORIZE AN APPLICATION FOR PROJECT MATCHING FUNDS UNDER THE VDOT REVENUE SHARING PROGRAM FOR THE NIMMO PARKWAY PHASE V-A PROJECT WHEREAS, the City of Virginia Beach desires to submit an application for an allocation of funds of up to $10,000,000 through the Virginia Department of Transportation (VDOT) Fiscal Year 2011-12 Revenue Sharing Program; and WHEREAS, up to $10,000,000 of VDOT funds are requested to fund improvements as described in CIP #2-121, Nimmo Parkway-Phase V-A. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. The City Council hereby supports the application for an allocation of up to $10,000,000 through the VDOT Revenue Sharing Program to CIP #2-121, Nimmo Parkway-Phase V-A; and 2. The City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary agreements for project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: ~~ ~ ~ 1 ~,,~ ~, Management Services APPROVED AS TO CONTENT: Public rks APPROVED AS TO LEGAL SUFFICIENCY: qty rney's Office CA11853 R-1 April 13, 2011 ~~ ~~pR R~S~ P ti~ _ -. ~ ~X~S~' ~G r,~ ~~~ ~~ ~~ '~o _. '~ P ~®_ ~ ~° A~~~c ~`SS ~~~ Q~ ~'QO ~~,0 ~` ~F S~ ~~n ,t. L~~~@ld City Property_ 0 o; Q o~ ~~~ ~ - ` v~,~0 ~<v 00 8~~ , _. ~~ _.. ~' ° ~°~ ~~ SCALE: 1" = 1800' ~~`~ ~~ ~~~~~ ~°~ i _ _._._- _ _ _. C~~ RTy °~s ~~R __ ~ r ~~8e tt~° " ~~y1 ~7,) ( _~ _ •/ ``, F'l `/ l~~ ''~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve an EMS Permit for Providing Private Ambulance Services to Eagle Medical Transports, LLC MEETING DATE: April 26, 2011 ^ Background: Code of Virginia Section 32.1-111.14 and City Code Section 10.5- 2 requires any individual or organization that desires to operate an emergency medical service vehicle in the City for emergency transport or non-emergency transport purposes to first obtain a permit authorizing its operation. The required permit must be granted by City Council. This permit will only be valid through June 30, 2011, if approved, as it may be renewed effective July 1, 2011during the routine annual permit renewal cycle. ^ Considerations: The required application has been processed by the Department of Emergency Medical Services for the operation of a private permitted EMS agency. The Department of Emergency Medical Services is recommending approval of the operation of Eagle Medical Transports, LLC in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve protect and promote the public health, safety and general welfare. ^ Public Information: Public information will be handled through the normal agenda process. Additionally, under the provisions of Code of Virginia Section 32.1- 111.14, apublic hearing must be held prior to acting upon the resolution. ^ Recommendations: Approve Resolution. ^ Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department f Em~y Medical Services ~~'~ City Manager ~ ~ ~ 1 A RESOLUTION TO APPROVE A EMS PERMIT FOR 2 PROVIDING PRIVATE AMBULANCE SERVICES 3 4 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 5 10.5-2 ,any individual or organization that desires to operate an emergency medical 6 services agency or emergency medical services vehicles in Virginia Beach for emergency 7 transport or non-emergency transport purposes must apply for a permit; and 8 9 WHEREAS, a request for establishment and an application for a permit has been 10 received from Eagle Medical Transports, LLC; and 11 12 WHEREAS, this request and application has been recommended for approval by 13 the Virginia Beach Department of Emergency Medical Services; and 14 15 WHEREAS, City Council finds the approval of this request and application is in the 16 best interests of the citizens of Virginia Beach as it will assure continued and adequate 17 emergency services and will preserve, protect and promote the public health, safety and 18 general welfare of the citizens. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the request of Eagle Medical Transports, LLC for its application for an EMS 24 permit for providing private EMS ambulance services in the City of Virginia Beach is hereby 25 approved and granted, effective immediately and until June 30, 2011. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 28 , 2011. APPROVED AS TO CONTENT: Emergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: City A rney's ffic CA11839 R-1 April 7, 2011 ~e^^~'~~ J~a~;,~w„~yy,~~ fur ~S) <C`~ ~~v.. ,yJ~.i CITY OF VIRGINIA BEACH AGENDA ITEM _~ ITEM: A Resolution in Support of a Regional Multi-Use Trail Consisting of Approximately Forty-One Miles of Connective Links in the Cities of Chesapeake, Portsmouth, Suffolk, Norfolk, and Virginia Beach MEETING DATE: April 26, 2011 ^ Background: The Virginia Department of Conservation and Recreation issued, as part of its 2007 Virginia Outdoors Plan, a concept fora "Beaches to Bluegrass Trail." This multi-use trail would span southern Virginia from the ocean to the mountains. The Cities of Chesapeake, Portsmouth, Suffolk, Norfolk, and Virginia Beach have begun discussions to develop the portion of this trail that passes through the five Southside cities (the South Hampton Roads Trail, or "SHRT"). As presently conceptualized, the proposed SHRT consists of approximately forty-one miles of trails, allowing users to travel from downtown Suffolk to the Virginia Beach Oceanfront. ^ Considerations: The SHRT could be a strategic asset in promoting quality of life in the City. Possible benefits include: increased recreational, health, and fitness opportunities to a large number of citizens and visitors; increased opportunities for walking or use of bicycles; increased visitation and overnight lodging; and promotion of the region's inventory of scenic and historic points of interest. The attached resolution would provide the sense of the City Council with regard to the creation of a regional coalition among the five named Southside Cities to develop the SHRT concept. The resolution does not require the City to do anything specific on any particular timetable. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Approval of the attached resolution. ^ Attachments: Resolution; Map of Possible Route Recommended Action: Approval Submitting Department/Agency: Parks and Recreation ~/ City Manager: ~., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A RESOLUTION IN SUPPORT OF A REGIONAL MULTI- USE TRAIL CONSISTING OF APPROXIMATELY FORTY- ONE MILES OF CONNECTIVE LINKS IN THE CITIES OF CHESAPEAKE, PORTSMOUTH, SUFFOLK, NORFOLK AND VIRGINIA BEACH WHEREAS, the Cities of Chesapeake, Portsmouth, Suffolk, Norfolk and Virginia Beach are in the process of determining regional support for amulti-use trail designed to pass through the five Southside jurisdictions; and WHEREAS, the proposed multi-use trail ("South Hampton Roads Trail" or SHRT) would consist of approximately forty-one miles of trails, allowing users to travel from downtown Suffolk to the Virginia Beach Oceanfront, as shown on the attached map; and WHEREAS, the SHRT would offer recreational, health and fitness opportunities to a large number of Hampton Roads citizens and visitors; and WHEREAS, the SHRT would provide an alternative method of transportation, thereby reducing traffic congestion and improving the environment; and WHEREAS, the SHRT would help facilitate increased opportunities for children to walk or bicycle safely to school; and WHEREAS, the SHRT would help promote tourism by providing visitors with a safe and attractive venue for visiting the many scenic and historic points of interest within Hampton Roads; and WHEREAS, all or a part of the SHRT could become a component of the "Beaches to Bluegrass Trail" as is currently planned by the Virginia Department of Conservation and Recreation, as described in the 2007 Virginia Outdoors Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach fully supports the further consideration and development of a plan for a South Hampton Roads Trail, including discussions by staff with other regional participants and a willingness to join a regional coalition, if one develops, among the Southside municipalities. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. APPhYOV~D AS TO CONTENT Dept. of Pa CA 11842 R-2 April 13, 2011 and Recreation APPROVED AS TO LEGAL SUFFICIENCY t s ice a ~`~ ~$ V y~j to C - ~ ~ ~ ~ a r u ~ ~° a O ~ ~ ~, a y L `i = a •~ L ~ V Qui m f0 ~ _ = ~ .--, a r e o _ ~ a Z ~ - '' ~ ~ ~ ~ ~y~/~ a a H ~ o C ~ OL K ~ ~ ~ ~ {, ~ b ~ V W W +. i ~~~ i__ r !~ ~ ;y~ a rp m a~ ,~ a a N a z V _; __ _ J - ._ Y J ~ _. `, .. - , ..._ ...... 2 '- ,... .. _ _.., '. _ _ Ny ~ ~ f . r t~'~ab¢ ~ W aYa W W ~ ~ v ~~ ~,, Cy ~~ ~A mm ~4f I~ l'' N r ,. Y J W .-, LL h ~N q} ~o g~ •~ :f r'~fiJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a variable width canal on City property known as Treasure Cove/Canal located at the rear of 2317 Spindrift Road, for property owners Gregory P. Strangways and Beth A. Strangways MEETING DATE: April 26, 2011 ^ Background: Gregory P. Strangways and Beth A. Strangways have requested permission to maintain an existing bulkhead and wharf and to construct and maintain a 4' x 30' wharf, a 12' x 16' wharf and a 12' x 12' boatlift, upon a portion of City property known as Treasure Cove/Canal located at the rear of 2317 Spindrift Road. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal -and in other canals of Bay Island -which is where Mr. and Mrs. Strangways have requested to encroach. Several Council-approved encroachment agreements and construction permits were identified for these encroachments. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area, consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15-foot-wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachments: Ordinance, Agreement, Plat and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real ate ,~ f ,~,~ City Manage . -.o~ /~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY ~ KNOWN AS TREASURE COVE/CANAL s LOCATED AT THE REAR OF 2317 9 SPINDRIFT ROAD, FOR PROPERTY to OWNERS GREGORY P. 11 STRANGWAYS AND BETH A. 12 STRANGWAYS 13 14 WHEREAS, Gregory P. Strangways and Beth A. Strangways desire to maintain 15 an existing bulkhead and wharf and to construct and maintain a 4' x 30' wharf, a 12' x 16 16' wharf and a 12' x 12' boatlift, collectively, upon a portion of City property known as 17 Treasure Cove/Canal located at the rear of 2317 Spindrift Road, in the City of Virginia is Beach, Virginia; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2 ~ 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gregory P. Strangways and 2 s Beth A. Strangways, their heirs, assigns and successors in title are authorized to 29 construct and maintain temporary encroachments for a proposed 4' x 30' wharf, a 12' x 30 16' wharf and a 12' x 12' boatlift and to maintain an existing bulkhead and wharf upon a 31 portion of City property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT 32 A ENCROACHMENT OF PROPOSED WHARFS & BOATLIFT FOR GREGG & BETH 33 STRANGWAYS LOT 243, SECTION TWO, BAY ISLAND SCALE: 1" = 30' DATE: 11- 34 15-2010 SHEET: 1," a copy of which is on file in the Department of Public Works and to 35 which reference is made for a more particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 3s subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and Gregory P. Strangways and Beth A. Strangways (the 4 0 "Agreement"), which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 43 is hereby authorized to execute the Agreement; and 44 45 46 47 48 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Gregory P. Strangways and Beth A. Strangways and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2011. CA-11677 R-1 PREPARED: 3/31/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ C. ova d BLIC WORKS, REAL ESTATE ~ EY , ASST TANT 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 15th day of April, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GREGORY P. STRANGWAYS and BETH A. STRANGWAYS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 243", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA -PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2317 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead and wharf and to construct and maintain a 4' x 30' wharf, a 12' x 16' wharf and a 12' x 12' boatlift atop four (4) 8" x 30' piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS TREASURE COVE/CANAL) 2409-09-3515-0000; (2317 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Treasure Cove/Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED WHARFS & BOATLIFT FOR GREGG & BETH STRANGWAYS LOT 243, SECTION TWO, BAY ISLAND SCALE: 1" = 30' DATE: 11-15-2010 SHEET: 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made fora more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants 3 (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a 4 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, Gregory P. Strangways and Beth A. Strangways, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2011, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: _ 6 STATE O F ~ 11/ I ~l,a ~ CITY/COUNTY O ~-- , to-wit: The foregoing instrument was acknowledged before me this ~~ day of ' I , 2011, by Gregory P. Strangways. _C ~'~1-- f ~ ~ (SEAL) Notary Pubic Notary Registration Number: ~ X33 ~ My Commission Expires: ~' ~~ J ~"1 STATE OF ~~ ~ Y Cat y~},c~ CITY/COUNTY U \ dC~~r1 Iw ('~~~G~-; to-wit: The foregoing instrument was acknowledged before me this ? v ~ L , 2011, by Beth A. Strangways. i ~=~ ` y, ~.~,y . .C ~' ~ :r . ~f ~ : ~ ~'• e, ' o ,~ .: ~ -,~ ~f. . ,, citlc~.ta~~lygrstration Number: ~U ~~,~ ,~ ' My Commission Expires: ~ ' ~ ~ " a ~ ~ `1' ~~`~~~ day of ,~` ~ Notary Public DEBORAH M. MCOONALO Notary Public Commonwealth of Vlrpinia Commlaalon E pgrea Jan 31, 2014 7 By //•~ Gregory P. Strangways, Owner APPROVED AS TO CONTENTS c.o ~ S NATURE p~ RBI ~5~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ARMEYER, ASSIS ANT CITY ATTORNEY rr ~~cc CiNjr"' ~w ~~~~ PROPOSED 90ATUFT ATOP FOUR (4) 8"1-x30' PILES ~ ~~ PROPOSED ~' `' 4'x30' WHARF ~ i 16' BUFFER APO 1 !~ JOHN MULDOON 23t3 SPINDRIFT RO. GPMf~ 2409 09 ;534 LOT 242 3 V f!7 of w'=' PROPOSED f 15 18,~ t 2'x~ g' WHARF ^' ~ t ~ 1y MLW AND MHW REACH t~' ~ p Ex. BULKHEAD _... . e~~ 16' BUFFER 5 g51a'26" Yt - f~,~~' TURF ~{ `+JIT' , 9• • ° '~ Z ~ APO 2 D EWNE EARLEY O 232t SPINDRIFT Rp. • GPIN: 2409 09 2505 LOT 244 2-STI. 8R, dt FR. ~ ~ , ~23i7 ~ y . ~. x • • ~ . ' .+ GREGG 3 BETH STRANGWAY3 ' , L0T243 GPIN /: 24tS-09361B .' ~ INSTRUMENT /:2010061?000640860 M.fl.18 PG.1b ' ,. SPtNDR~FT ROAD o ao' '" ' 3b' ao~ {5d' R f W} `~ ATION BY: EXHIBIT A GREGG >~ BETH 8TRANGWAYS ENCROACHMENT OF PROPOSED 2317 BPINDRII~T ROAD WHARFS b BGATLIFT VHtGpBA BEACH. vA 23451 FOR SHEET: i GPIN #: 2409-05.3515 GREGG b BETH ST'RAt+IGWAYS LOT 243, SECTION TWO. BAY ISLAIID DATE: 11-15-21110 w 3 0 ;W 0 ~, i r GN A BFenl r'~4'.., ~y} ~1) t-c .. :4 ` ~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Debra M. Bryan to the Position of Associate City Attorney MEETING DATE: April 26, 2011 ^ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ^ Considerations: This Resolution appoints Debra M. Bryan as an Associate City Attorney, effective May 2, 2011. ^ Recommendations: It is recommended that City Council adopt the attached resolutions. ^ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/AlgJency: City Attorney Yt~ City Manage . 3 t~- . tQ~,.~ 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPOINTING DEBRA M. BRYAN TO THE POSITION OF ASSOCIATE CITY ATTORNEY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the City Code, Debra M. Bryan is hereby appointed to the position of Associate City Attorney, effective May 2, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2011. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA 11848 R-1 April 11, 2011 '~., ' 7 /T 5~ 4 ,~~~"= . 4 0~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Donations and Fund Balance to the FY 2010-11 Operating Budget of the Office of the City Clerk and to Donate Funds to Sister Cities Association of Virginia Beach, Inc. MEETING DATE: April 26, 2011 ^ Background: Sisters Cities International is a diplomacy network that creates and strengthens partnerships between U.S. and international communities. By building global cooperation at the municipal level, Sister Cities promotes cultural and business understandings. For the City of Virginia Beach, the Office of the City Clerk provides the point of contact with regard to this program. Virginia Beach's Sister Cities include Moss, Norway, Miyazaki, Japan, and North Down Borough Council (Bangor), Northern Ireland. ^ Considerations: In the past, donations in support of the City's Sister Cities program were provided to the City Clerk. Sister Cities Association of Virginia Beach, Inc., anon-profit, 501(c)(3) organization has been organized to continue the work of the Sister Cities program and receive tax-exempt donations. As a separate organization, the donations previously provided to the City to support the City's Sister Cities program will require appropriation and donation in order for the funds to be directed to their intended purpose. Funds donated of behalf of the Sister Cities program in FY 2009-10 have lapsed to fund balance. Thus, donations in the amount of $6,400 (representing donations received by the City Clerk for Sister Cities in FY 2009-10) require an appropriation from the fund balance of the General Fund. Additionally, the City Clerk has received $1,150 in donations from the community in the current fiscal year, which require appropriation prior to donation. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Approval of the attached ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Clerk City Manage . S Jam- ~ ,~y~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO APPROPRIATE DONATIONS AND FUND BALANCE TO THE FY 2010-11 OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK AND TO DONATE FUNDS TO SISTER CITIES ASSOCIATION OF VIRGINIA BEACH, INC. WHEREAS, during FY 2009-10 and FY 2010-11, the City has received donations totaling $7,550 on behalf of the Sister Cities Association of Virginia Beach, Inc., a non- profit, 501(c)(3) organization that it now needs to distribute to that organization; and WHEREAS, Sister Cities Association of Virginia Beach, Inc. provides services to the community by promoting cultural and business understandings between Virginia Beach and international communities, including Moss, Norway, Miyazaki, Japan, and North Down Borough Council (Bangor), Northern Ireland. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $1,150 in donations for the Sister Cities program is hereby appropriated, with estimated revenues from donations increased accordingly, to the FY 2010-11 Operating Budget of the Office of the City Clerk; 2) $6,400 is hereby appropriated from the fund balance of the General Fund to the FY 2010-11 Operating Budget of the Office of the City Clerk; and 3) Funds in the amount of $7,550 shall be donated to Sister Cities Association of Virginia Beach to serve the community and promote the purposes for which Sister Cities Association of Virginia Beach was organized. 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 (~~ anag e t Services APPROVED AS TO LEGAL SUFFICIENCY: City orney's Office CA11855 R-2 April 19, 2011 K. PLANNING 1. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for HERBERT S. MCCOY to subdivide the site into two (2) single family lots at 213 West Lane. DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 2. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for TRAVIS and ANN FOX re an undeveloped lot at Riddick Lane and Indian River Road. DISTRICT 6 -PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of BAYBERRY RENTALS, LLC, for a Nonconforming Use to enlarge the existing duplex at 2301 Bayberry Street. DISTRICT 5 - LYNNHAVEN DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 4. 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 (operation of two (2) crab boats, for profit) at 3537 Byrn Brae Drive on the Elizabeth River. DISTRICT 2 -KEMPSVILLE DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 5. Application of S.S.K. HOSPITALITY, LLC for a Conditional Use Permit re a commercial parking lot at 395 Norfolk Avenue. DISTRICT 6 -BEACH RECOMMENDATION DENIAL 6. Application of JIM CAPLAN/HIC, LLC/MACH ONE, LLC/HIF, LLC for a Conditional Use Permit to allow an addition to an existing building for indoor recreation at 3877 Holland Road. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL 7. Application of MADISON LANDING, LLC for a Modification of Conditional Change of Zoning (approved by City Council Apri18, 2008) to allow development of fourteen (14) multi-family dwelling units in a mix of townhome and flat style dwellings at 827 Muth Lane. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 8. Ordinance to AMEND the City Zoning Ordinance (CZO): a. Sections 401, 901, 1511 and 1512 re recreational facilities other than those of an outdoor nature RECOMMENDATION APPROVAL s b. Sections 203 and 236 re off-street parking requirements. DEFERRED FEBRUARY 22, 2011 RECOMMENDATION APPROVAL 9. Ordinance to AMEND the Comprehensive Plan by adopting the Bikeways and Trails Plan, dated February 15, 2011, and revising the Policy Document. RECOMMENDATION APPROVAL 10. Ordinance to AMEND the City's Landscaping Guide to include Amendments re bicycle parking and permeable paving system DEFERRED FEBRUARY 22, 2011 RECOMMENDATION APPROVAL ~~ ~Sf~~~ to A~ f~v 4t i~~ y1? ~~ ~ ~ ,y .., ,- _~~ G,'~• ~ ~ J NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, April 26, 2011, at 6:00 p.m. The following applications will be heard: BAYSIDE DISTRICT Madison Landing, LLC Application: Modification of Conditional Chance of Z nin at 827 Muth Lane (GPIN 1468531112). BEACH DISTRICT. HERBERT S. MCCOY Application: Subdivision Variance at 213 West Lane (GPIN 2407952173). S.S.K. Hospitality, LLC Application: Conditional Use Permit for a commercial parking lot at 395 Nortalk Avenue (GPIN 2427147277; 242 7 147 281). PRINCESS ANNE DISTRICT Travis & Ann Fox Application: Subdivision Variance at Riddick Lane and Indian River Road (GPIN 149323 7 7 14). Brett Veterinary Services, P.C./Claude Michael Scialdone And Dana L. Scialdone Application: Modification of Conditional Use P rmi at 2436 North Landing Road (GPIN 14949 14 7 7 9). CITY OF VIRGINIA BEACH Ordinance to amend Sections 40, 901, 1511 and 1512 of the City Zoning Ordinance pertaining to recreational facilities other than those of an outdoor nature. Ordinance to amend the Comprehensive Plan by adoptingthe Bikeways and Trails Plan, February 15, 2011, and revising the Policy Document. ROSE HALL DISTRICT Jim Caplan/HIC, LLC/MACH ONE, LLC/HIF, LLC Application: Conditional Use Permitfor indoor recreation use at 3877 Holland Road (GPIN 1486248827). . 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 ~yfwww.vbgov.com/oc For information ca11385-4621. 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 APRIL 10 & 17, 2011 22353995 4~ V C •~, O N .` .~ ,Q W m d N a ~ ~ j oG (~ N Q w a v O U •~ My_ O •? O a ~ ~ o~ Nye Nu ~~ '`~ -F; ~~ 4 ~3 i`Kw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HERBERT S. MCCOY, Subdivision Variance, 213 West Lane (GPIN 2407952173). BEACH DISTRICT. MEETING DATE: April 26, 2011 ^ Background: Existing Lot: The subject site is zoned R-5D Residential Duplex District. The R- 5D District permits single family dwellings and duplexes. This site totals 10,050 square feet and contains an existing single-family dwelling and detached garage. Proposed Lots: It is the intent of the applicant to subdivide the site into two single family lots. The proposed lots meet the minimum lot area and lot width requirements of the district. However, the existing structure will not meet the minimum rear yard setback requirement from the new property line and a variance is required. The required setback is 20-feet and the proposed setback is approximately 14-feet. l~ 'r Lot A_1 Lot A_2 Lot Width in feet 60* 67 67 Lot Area ins uare feet 5,000 SF 5,050 SF 5,000 SF Rear yard setback in feet 20 14.2** & 14.5** N/A *Corner lot **Variance required ^ Considerations: Oceana Gardens was plated in 1906. This area is a mixture of single family homes and duplexes. As development has occurred, city maps indicate that many of the structures in this community do not meet setback requirements. Therefore, an existing structure not meeting a setback requirement would not be out of character for this area. This request is in keeping with the Comprehensive Plan's recommendations for the area and is compatible with the surrounding uses. In addition, during the development of the APZ-1/Clear Zone Master Plan for this area, the community expressed its preference for single-family dwellings in lieu of duplex dwellings as being more consistent with the goals for their neighborhood. Staff recommends approval of this request with the conditions below. There was no opposition to the request. Herbert S. McCoy Page 2 of 2 ^ 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 subdivision plan entitled "Preliminary Subdivision Plat of Lot A, Block 7, Oceana Gardens, Virginia Beach, Virginia," dated 11/24/10 and prepared by Timothy M. Fallon. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. This approval is for the existing structure only. Any new structures or additions to the existing structure must meet setback requirements unless a variance is granted by the Board of Zoning Appeals. 3. A note must be placed on the subdivision plat stating that this subdivision is approved only for single family dwellings. 4. The existing detached garage must be removed prior to plat recordation. ^ 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 ,~ 1 ;` City Manager: 5 l~ , 6~`L BEACH March 9, 2011 Public Heari APPLICANT AND PROPERTY( OWNE HERBERT S. MCCO STAFF PLANNER: Ray REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance. The applicant desires to subdivide this site into two single family lots. A subdivision variance is needed because the existing structure will not meet the rear yard setback requirement from the new property line. ADDRESS /DESCRIPTION: 213 West Lane (Oceana Gardens) GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2407-95-2173-0000 BEACH 10,050 square feet Greater than 75 dB Ldn /APZ-1 SUMMARY OF REQUES' Existing Lot: The subject site is zoned R-5D Residential Duplex District. The R-5D District permits single family dwellings and duplexes. This site totals 10,050 square feet and contains an existing single- family dwelling and detached garage. Proposed Lots: It is the intent of the applicant to subdivide the site into two single family lots. The proposed lots meet the minimum lot area and lot width requirements of the district. However, the existing structure will not meet the minimum rear yard setback requirement from the new property line and a variance is required. The required setback is 20-feet and the proposed setback is approximately 14-feet. HERBERT S. MCCOY Agenda Item 9 Page 1 Item ~ ~sl LQt.A-1 L~iA2 Lot Width in feet 60* 67 67 Lot Area ins uare feet 5,000SF 5,050SF 5,000SF Rear and setback in feet 20 14.2** & 14.5** N/A *Corner lot **Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single family dwelling and detached garage / R-5D Residential Duplex District SURROUNDING LAND North: . Ohio Avenue USE AND ZONING: Single family homes / R-5D Residential Duplex District South: Single family home with garage apartment / R-5D Residential Duplex District East: . West Lane • Single family homes / R-5D Residential Duplex District West: Single family homes / R-5D Residential Duplex District 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. IMPACT ON CITY SERVICES WATER: This site must connect to City water. There is a 12 inch City water line in Ohio Avenue. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #262 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City sanitary sewer line in Ohio Avenue. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: HERBERT S. MCCOY Agenda Item 9 Page 2 A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Oceana Gardens was plated in 1906. This area is a mixture of single family homes and duplexes. As development has occurred, city maps indicate that many of the structures in this community do not meet setback requirements. Therefore, an existing structure not meeting a setback requirement would not be out of character for this area. This request is in keeping with the Comprehensive Plan's recommendations for the area and is compatible with the surrounding uses. In addition, during the development of the APZ-1/Clear Zone Master Plan for this area, the community expressed its preference for single-family dwellings in lieu of duplex dwellings as being more consistent with the goals for their neighborhood. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Subdivision Plat of Lot A, Block 7, Oceana Gardens, Virginia Beach, Virginia," dated 11/24/10 and prepared by Timothy M. Fallon. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. This approval is for the existing structure only. Any new structures or additions to the existing structure must meet setback requirements unless a variance is granted by the Board of Zoning Appeals. 3. A note must be placed on the subdivision plat stating that this subdivision is approved only for single family dwellings. 4. The existing detached garage must be removed prior to plat recordation. HERBERT S. MCCOY Agenda Item 9 Page 3 NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. HERBERT S. MCCOY Agenda Item 9 Page 4 AERIAL OF SITE LOCATION HERBERT S. MCCOY Agenda Item 9 Page 5 LOT 6 y ~ /6/3 ON/O A VEN[!E GP/N/ 2~ROT9S/OT90000 D.B. 3976 ; PG.B90 M.B. 3 ,• PG 5/ LOT A-2 ~ 5000 SO. FT. e m 0 O $ o- °o $ ~~°g~ h ~ ~ h cep •. ~ N oo°le're' w 67'00' W ~ y ti O ti a r t~ O m "~ ..., "~ ou „~ 4 ~c ? N e Z I v a ~ ~ ~ c+ ~ Qi m m li,~ W ~ U ~ y cxis r/ms { ly g 1 SAES~e,vc ~ a fyn~ Q h h LOT A-/ 5050 SO. FT. S 00°16/8 £ 6T.00 WEST LANE (40' R/lYJ LOTH ~CCi ~ ~ i _ ~ r~+~`~,':-:"; P/3 NEST LAME GP/N,~ P40T95P/730000 D F. (' 1 4/ p 1 ~ OOC / P006080P00066/670 O.B 2376: PC's 339 TIMOTHYMFALLONLS. ~'~'~` ~ •~ ~•"•'~~= ~;i-"I~" PHONE T.77-61,7-PP53 ~ F[ OF SCALE ~ ~ 25' PREL /M//VARY SUBD/V/S/ON PL A T ~' OF w.~r ~~ DA R.• 17-2I- )O L OT A ~ Rl OcK T O7HY Y. FALLON ~ OCE.4NA G.aRDENs S No. 1859 y PRO..€CT ~ A/cCOYbB y/RGIN/A BEACH , V/RG/N/A 17-2f-10 fS NA PG NA 0' 25' S0' 75' <yHD suR`1E{~~ 0.9. 2378 PG JJ9 ~Apy/C SCALE -'=?5' PROPOSED SUBDIVISION PLAN HERBERT S. MCCOY Agenda Item 9 Page 6 BEACH ~I"''I'-' Hel-be~-t S. McCo~~ P~?ao Px~t to Scale 02 ~ ~ o, B2 _ [~ ~ 5 ~ ` ~ ~~ ~~~ ~~~ i r ~~ ~ ~ ,~ lll _. ~^ -- ~ ^ ~~ . _ - , . ~- r B2 r~ ~ - ,, -- ~~ -~-~ T-~ _ _ a. ~ _ _t __ ~ C3 ~ _ ~ ` r I - I I ~~ r _ ~ tJ ~ ~ r DW ^- r M i 9~~~ ~~~ ~_ _~ i`~ 4 ~ _~ ~~° n 'ZoninywithCom)iiiorrs:Prolfers.Open Subdivision Variance Space Promotion or PDH-2 Overlays There is no zoning history to report. ZONING HISTORY HERBERT S. MCCOY Agenda Item 9 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 ~ 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 ifn~cessary) N1A 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N1A © Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Uoes an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ~_ No ~, If yes, what is the name of the official or employee and the nature of their interest? Subdivisbn Variance Applkatbn Page g of 10 Revised 3111108 ~--y Qi W V Z 0 r---~ A DISCLOSURE STATEMENT HERBERT S. MCCOY Agenda Item 9 Page 8 Z ~•-~ W V Z ~--~ A DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, acceunting services, and legal services: (Attach list if necessary) Timothy M. Failon, LS ' "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. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a oontroliing ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or {iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and axurate. I understand that, upon rek~ipt of notificatbn (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Herbert s. McCoy Print Name / HerbeR S. McCoy different than applicant) Print Name 5utrdNieion Variarxx Appicatlon Page i0 of 10 itavlsed 7/1 1 120 0 6 DISCLOSURE STATEMENT HERBERT S. MCCOY Agenda Item 9 Page 9 Item #9 Herbert S. McCoy Subdivision Variance 213 West Lane (Oceans Gardens) District 6 Beach March 9, 2011 CONSENT An application of Herbert S. McCoy for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance. The applicant desires to subdivide this site into two single family lots. A Subdivision Variance is needed because the existing structure will not meet the rear yard setback requirement from the new property line, District 6, Beach. GPIN: 24079521730000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Subdivision Plat of Lot A, Block 7, Oceans Gardens, Virginia Beach, Virginia," dated 11/24/10 and prepared by Timothy M. Fallon. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. This approval is for the existing structure only. Any new structures or additions to the existing structure must meet setback requirements unless a variance is granted by the Board of Zoning Appeals. 3. A note must be placed on the subdivision plat stating that this subdivision is approved only for single family dwellings. 4. The existing detached garage must be removed prior to plat recordation. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS ABS 0 ABSENT 1 FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE ABSENT Item #9 Herbert S. McCoy Page 2 RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 9 for consent. Herbert McCoy, applicant appeared before the Board. W Z Z Q N W V Z I~ C a •~ v~ r N v .~ .~ N .; m tJC 4! ~, ~~ .~ ; 00 Q N Q w Q V V .o ~° ~~ ~' 4 y ~~ ~ o ~; N y.. <.::;` ~~ s~ e{ ~' a W, xne*°~r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TRAVIS 8~ ANN FOX, Subdivision Variance, Riddick Lane and Indian River Road (GPIN 1493237714). PRINCESS ANNE DISTRICT. MEETING DATE: April 26, 2011 ^ Background: Existing Lot: The subject lot is zoned AG-2 Agricultural District and is undeveloped. It contains 1.008 acres and meets all lot size requirements. The lot is located on a private road. This lot and six additional lots are shown on a plat recorded on July 24, 1956 as Map Book 41, Page 57. However, the plat was not endorsed by the Princess Anne County Planning Director and does not meet the requirement for lots to be platted on a public street. Therefore, it has been determined that the plat does not meet subdivision requirements. An adjoining plat creating additional lots on the private road was signed by the Planning Director in 1961. The developer of the adjoining Court House Estates and the Villages of West Neck acquired the subject lot and several of the lots shown on the above referenced plat. Additional lots within the immediate area were also acquired. The developer has improved Riddick Lane and installed water and sewer to the various lots within a dedicated public utility easement. A Maintenance Agreement was also recorded indicating that the developer is responsible for any maintenance to Riddick Lane. The developer is working with staff to determine the status of the various other lots that have been acquired. A variance request for lots not fronting on a public street and/or minimum lot requirements may be forthcoming. Proposed Lots: The applicants purchased the subject lot. A single family site plan to construct a home on the lot was submitted to the City for review. It was determined at that time that the lot had not been created as required. It is the intent of the applicant to obtain the necessary variance for the subject lot not having frontage on a public street so the lot can be legally created and developed. ltgm Parcel 1 Lot Width in feet 150 162.68 Lot Area in acres 1 1.008 Fronta a on a ublic street Yes No* *Variance required Travis and Anne Fox Page2of2 ^ Considerations: This is a simple request to correct a minor technicality of the Planning Director not signing a plat was prepared in 1956. The subject site meets the minimum lot requirements. It is accessed by a maintained private paved roadway and is served by City water and sewer. An adjoining plat creating additional lots on the private road was signed by the Planning Director in 1961. Therefore, it would not have been uncommon for the subject plat to have been approved and endorsed by the Planning Director at that time. The single family use is in compliance with the recommendations of the Comprehensive Plan and the Interfacility Traffic Area and Vicinity Master Plan for this area. Therefore, staff recommends approval of this request subject to the below condition. 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 subdivision plan entitled "Subdivision of Property of Travis M. & Anne L. Fox on Riddick Lane," dated January 3, 2011 and prepared by WPL, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenclyl: Planning Department City Manager: S !` PRINCESS ANNE A[ap H-t~ Tra~~is & Anne Fos r -. rvo; a *r~ar e ._... '~. * ~_ _ ~ FIi- _ __ __ __ -- ,- - - , r.. .~ ~. _ ._ ~~ I .. ~ r L ^~, p ~ ~ ~. '~ _.Ssr . ' c 1 ~ ; ~pR-V~ ~' R ~ ~ ~~ ~ \ j p -~ ~ ~~ AG2 ; i Ab,~4f A 1 Z^r^o "~^ c^.miww.s"onw•. ~^ Subdlvlslon Variance SP.w Pienwtio~ or PONS OnAry~ s . wrra.ad nw.,w.. 10 March 9, 2011 Public Hearing APPLICANT AND PROPERTY OWNER: TRAVIS & AN N E FOB STAFF PLANNER: Ray Odorn REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance that requires that all newly created lots must have direct access to a public street. The subject site is not located on a public street and a variance is required. ADDRESS /DESCRIPTION: The property is located on Riddick Lane. Riddick Lane is a private road located on the north side of Indian River Road adjacent to Court House Estates and the Villages of West Neck. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1493-23-7714-0000 PRINCESS ANNE 43,900 square feet 65-70 dB DNL (1.008 acres) SUMMARY OF REQUEST' Existing Lot: The subject lot is zoned AG-2 Agricultural District and is undeveloped. It contains 1.008 acres and meets all lot size requirements. The lot is located on a private road. This lot and six additional lots are shown on a plat recorded on July 24, 1956 as Map Book 41, Page 57. However, the plat was not endorsed by the Princess Anne County Planning Director and does not meet the requirement for lots to be platted on a public street. Therefore, it has been determined that the plat does not meet subdivision requirements. An adjoining plat creating additional lots on the private road was signed by the Planning Director in 1961. The developer of the adjoining Court House Estates and the Villages of West Neck acquired the subject lot and several of the lots shown on the above referenced plat. Additional lots within the immediate area were also acquired. The developer has improved Riddick Lane and installed water and sewer to the various lots within a dedicated public utility easement. A Maintenance Agreement was also recorded indicating that the developer is responsible for any maintenance to Riddick Lane. TRAVIS AND ANNE FOX Agenda Item 10 Page 1 The developer is working with staff to determine the stasis of the various other lots that have been acquired. A variance request for lots not fronting on a public street and/or minimum lot requirements may be forthcoming. Proposed Lots: The applicants purchased the subject lot. A single family site plan to construct a home on the lot was submitted to the City for review. It was determined at that time that the lot had not been created as required. It is the intent of the applicant to obtain the necessary variance for the subject lot not having frontage on a public street so the lot can be legally created and developed. ltetn Parcel 1 Lot Width in feet 150 162.68 Lot Area in acres 1 1.008 Fronta a on a ublic street Yes No* *Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site / AG-2 Agricultural District SURROUNDING LAND North: . Stormwater retention pond /single family homes / AG-2 USE AND ZONING: Agricultural District South: Single family home / AG-2 Agricultural District East: . Undeveloped lots / AG-2 Agricultural District West: Stormwater retention pond /single family homes / PD-H1 Planned Unit Development District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Transition Area. The Plan states that this are; is not intended to become part of the urban north, nor is it intended to be limited to the very low densities appropriate for rural growth. The area is also in the Interfacility Traffic Area (ITA) which was created in 200 to address land use compatibility issues associated with frequent overFlights of military jets in this part of th~~ City. The Comprehensive Plan calls for limiting residential density to that allowed 'by right' under existin~3 zoning in the ITA. In addition, to the Comprehensive Plan, the recently approved ITA and Vicinity Master Plan provides land uses recommendations in this area. The preferred land use plan designates this site as Agricultural/Rur~il Residential and calls for low density residential and agricultural farmettes. IMPACT ON CITY SERVICES TRAVIS AND ANNE FOX ;Agenda Item 10 Page 2 WATER: This site must connect to City water. There is an 8 inch City water line in the dedicated public utility easement. SEWER: This site must connect to City sanitary sewer. There is an 8 inch City sewer line in the dedicated public utility easement. Analysis of Pump Station #582 and the sanitary sewer collection system is required t~~ ensure future flows can be accommodated. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION This is a simple request to correct a minor technicality of the Planning Director not signing a plat was prepared in 1956. The subject site meets the minimum lot requirements. It is accessed by a maintained private paved roadway and is served by City water and sewer. An adjoining plat creating additional lots on the private road was signed by the Planning Director in 1961. Therefore, it would not have been uncommon for the subject plat to have been approved and endorsed by the Planning Director at that time. The single family use is in compliance with the recommendations of the Comprehensive Plan and the Interfacility Traffic Area and Vicinity Master Plan for this area. Therefore, staff recommends approval of this request subject to the below condition. TRAVIS AND ANNE FOX Agenda Item 10 Page 3 CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision of Property of Travis M. & Anne L. Fox on Riddick Lane," dated January 3, 2011 and prepared by WPL, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. TRAVIS AND ANNE SOX Agenda Item 10 Page 4 AERIAL OF SITE LO TRAVIS CATION ANNE FOX nda Item 10 ,, - ~~- - ~, ~ ~F ~ ~ ~ N Y Q N W p L~ b W ~ ~ g J ~ R S xx 3 g o D • 4a'r Yu. ry 7M 11giMJ0wY 41MA10~ •ur~ frn:wnw to R_ ~~~aR! _ ~0 ~ .~ .k ~~ ~, 1 i ~~ 1 1 f w ~, \ >$ ~~ ~~ ~,~„ ~, 0 ~ ~ ~ ,~ s' z° y ~ ro .y"~. b~7 `,e ,MU r.w.urr n ~i~y~ ~r~N U:. ~. rU hll W an ra L!i?i~ ilaCIOM ~W191 NBNA E ~~MO•~14711d~ ~I i I i ~ u, t ~ ii y3 Yl~~ ~• aai t4. ~=.:~ ~ ~,.. '' mmm ' ~.', t ~ s i, ~~ ~~ ~- ~I'' l R II ~ a ~ II s~~ , I II g 2aa 1 _ ~~ s.•Z9: 1 / - ( ~ ~ per, (~~ ' / '' ~ - ,. A= ~ ~ w J °o t U ~. ,~ , s ~ ~ \\ a ~ ¢ R Q ~ g x o 5~ K O~^§ > ~ ~~L r. 2 J -• O GAF ~ nQU °y'C~ ag~ ° o D ~ ~~o Z p ~ z ~g< ° o ~ ~ ,~ ..~ v w m w x F ~ s s z PROPOSED SUB TRAVIS d a~ r ~~~a DIVISION ~'~ °} ~ ~'~ JD ANNE FOX `~ ,genda Item 10 ~~, '!ire; Page 6 ~ ~. ~~ a PRINCESS ANNE Alap H-1-1 Tra~-ic & Anne F~~ a AG2 'Zoning with Conditions~Proffers. Open Space Promotion or POHd Overlays -7JQ = Intedaeibty Trd-ro Mas Subdivision Variance # DATE REQUEST APPLICANT ACTION 1 06/22/1993 Amend Land Use Plan Ba mark Construction Cor oration A roved 2 05/11/99 Rezonin AG-1 to PD-H1 Ba mark Construction Cor oration A roved ZONING HISTORY I, TRAVIS AND ANNE Agenda Item 10 Page 7 r~;. t DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^/ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section oMy 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 oificers, members, trustees, partners, eic. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page (or footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ^ No ^/ If yes, what is the name of the official or employee and the nature of their interest? Subdivision Variance AppiiCation Page g of 10 Revised 3111/08 O ~-.~ a w V O ~--~ A DISCLOSURE STATEMENT TRAVIS AND ANNE FOX Agenda Item 10 Page 8 r--~ a w V O cn A DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' °Parent-subsidiary relationship' means °a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporatfon." See State and Local Govemmeni Conflict of Interests Act, Va. Code § 2.2-3101. x "Affiliated business entity relationship" means °a relationship, other than parent- subsidiary relationship, that exists when {i) one business entity has a controlling ownership interest in the other business entity, {ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.° See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I cerury that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the appticetbn 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 insWctions 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. ..~'~"~ ' ~{ j Travis Fox Signature Print Nama Property tTvner's Signature (if different than applicant) Print Name Subdivision Variance Application Page 70of r0 Revised 7!91!2006 DISCLOSURE STATEMENT TRAVIS AND ANNE FOX Agenda Item 10 Page 9 Item #10 Travis & Anne Fox Subdivision Variance Riddick Lane District 7 Princess Anne March 9, 2011 CONSENT An application of Travis & Anne Fox for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance that requires that all newly created lots must have direct access to a public street. The subject site is not located on a public street and a variance is required. Riddick Lane is a private road located on the north side of Indian River Road adjacent to Court House Estates and the Villages of West Neck, District 7, Princess Anne. GPIN: 14932377140000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Subdivision of Property of Travis M. & Anne L. Fox on Riddick Lane," dated January 3, 2011 and prepared by WPL, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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 BERNAS ABS 0 ABSENT 1 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 10 for consent. ABSENT Travis Fox, applicant appeared before the Board. S'" ~ti~~ o ~, i; .er± Uzi 4:~ ~- s `4 ~:,~' 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 26, 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 in 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. At the request of the applicant this item was deferred at the April 12, 2011 City Council hearing. ^ 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 Page2of2 ^ 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. If any live oak trees (Quercus Virginia) are removed in the course of construction 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 Manage . S ~ , ~ April 26, 2011 LYNNHAVEN ~~ia~ r: ' t r° ~' ~ R% `, ~ A1~~ `~, ~~ ,` ;. % ` 1 R~,S - LQ~ UCl t ~ 1\GUlQ1J~ LL4 /- \ 1 ~ ` ~ . 1 , ~ 1~'~ R5R R5R ~ ~ ~ I\ `~, n ~ 1 ~~ ~~ ~ R7.5 ~ ,. ~, ,, /- ,, R7.5 ~ ~- i , ' -- ~~'~ ~~~• ~ - ' ~ ~ ~-~ ice" -~"~~` -/ " ~ R7.5 '~ '~ '~~` 1 i ,,~~ ~ r,/ ~ ~ ~~ i R7.5 //~ ` ~~ ,` ~ ~` ~~..ft7.5 ~ - t `,+ ~\ 1 Non•conforming Use Addklons 8 Alterxions REQUEST: Enlargement to a Nonconforming Use ADDRESS /DESCRIPTION: 2301A & 2301 B Bayberry Street GPIN: ELECTION DISTRICT: SITE SIZE: 15905144190000 LYNNHAVEN 7,800 square feet APPLICANT AND PROPERTY OWNER: BAYBERRY RENTALS, LLC STAFF PLANNER: Faith Christie AICUZ: Less than 65 dB DNL 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 26, 2011 City Council Meeting Page 1 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 users are to be compatible in type, size, and intensity to the existing area. CITY SERVICES There is no impact to City services. BAYBERRY RENTALS, LLC April 26, 2011 City Council Meeting 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. CONDITION 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. If any live oak trees (Quercus Virginia) are removed in the course of construction the applicant / developer volunteers to make a donation to the City's Tree Restoration -Shore Drive Area Trust Fun~~ 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. BAYBERRY RENTALS, LLC April 26, 2011 City Council Meeting Page 3 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center an d 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 RENTALS, LLC April 26, 2011 City Council Meeting Page 4 AERIAL OF SITE BAYBERRY RENTALS, LLC !) April 26, 2011 City Council Meeting Page 5 ~' ~~ y~ .,.~ .. e ~ ..... _ ~ ~ ~ e 3 ~ 9 r ~~jQj, ~ ~ ~ S S ~ i;~ 9 J Yia~e~'yy 16 ~~e6~~i§'s9F~ . ,'~ ,a a :.f ~:. .• UVa ,ot) 133NLS AaH3flLY8 l ~, I .. `. ~ !~ a ~ h' t t~ ~ ^ I -'.1 . 1 1 i r r ;~ ,~,~, , ~ .._ _ ~ IUJOL~ Dug Gi^OdOtlA ~ - ~ x4 sf ~ ~ S y ~ r i cE;~ ~~~~?~ ,1 r y/ 4 -- - -- - ,4 1 / - - ~ . I 1 i ,~. s r~ ~ ~~ ~ ~ i~ ~~~~ ~~~ N~a~ ~~ ~~ ~~ ~~ ~I vl PROPOSED SITE BAYBERRY April 26, 2011 City .AN ~ JTALS, LLC ncil Meeting Page 6 ~iJ F~ U . ~ ~ ~~~ H `•~ ~` Q g 1 J ~ yo ~ ~ a ~~~~~ r .~ ~~ ~~~ PROPOSED ELEV BAYBERRY RENTALS, LLC '~ April 26, 2011 City Council Meeting Page 7 ~~~' C)L'R ~- s r I r~ s ~` ~ ~ ~ :-•~*v a. rioN "1 BAYBERRY RENTALS, LLC April 26, 2011 City Council Meeting Page 8 +. °ss ~~~ ~lt~rlT Sie9E ~- ~: -.-i - - -T-~ ~~ ~~i~~ PROPOSED ELEVATION BAYBERRY RENTAI April 26, 2011 City Council ._~~Q ,g ;e I ~~:_ The area is a stable residential area with no recent zoning activity to report. B A"~~ ZONING HISTORY ~:.-;~~, BAYBERRY RENTALS LLC , April 26, 2011 City Council Mee ting Page 10 L-t ~p ~~R O Iii (~~~ W ~~ G.7 O w Z O V O Z DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. Belo (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 applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for faotnotea Dces an official or employee of a City of vrginia Beach have an interest in the subject land9 Yes _ No If yes, what is the name of the o cial or employee and the nature of their interest? rron-conrorminp use AppYceaon Ppa 8 or 9 Revised ~IJAr DISCLOSURE STATEMENT BAYBERRY RENTALS, LLC April 26, 2011 City Council Meeting 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, inGuding but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent-subsidiary relationship' means "a ealationship that a xists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corpontan.' Sea State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship' means's relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controAing ownership interest in the other business entity , (ii) a centrolGng owner in one entity is also a controlling owner in the other entity, or {iii) there is shared management or contrd between the business entities. Factors that should be Dora sidered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same peroon own or manage the two entities; there are common or commingled funds or assets; the business entrfies share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained heroin is hue and accurate. I understand that, upon reeelpt of notification (postcard) that the apptication has been scheduled for public hearing, I am responsible for obWning and posting the required sign on the sut>)ea property at least 30 days pnar to the scheduled public hearing axording to the instnutions in this package. The underslgrred also consents to entry upon the subject properly by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. (v~~ G Appflean s nawro Pn'rrt Nama Property Owner's Signature (if different than applicant) Print Name Nm-Cmbnnirp uu AppYCatlan Pp~BWO Revisod 7/3!07 O 1~~1 V ~"~~ W O w z 0 V Z O z DISCLOSURE STATEMENT BAYBERRY RENTALS, LLC April 26, 2011 City Council Meeting Page 12 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY 4 BAYBERRY RENTALS, LLC AND LOCATED 5 AT 2301A 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 2301 B 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. If any live oak trees (Quercus Virginia) are removed in the course of construction 60 the applicant /developer volunteers to make a donation to the City's Tree 61 Restoration -Shore Drive Area Trust Fund in the amount of $5,000 to offset the 62 loss of any live oak (Quercus Virginia) trees on the property to be developed. The 63 applicant volunteers such donation in addition to an offer to transplant live oak 64 tree seedlings on the property. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 67 of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 ~ • ~1 ~` I V ~t .~~ ~ ~~ ~ Plann' g Depa ment City Attorney's Office CA11846/ R-2 /April 14, 2011 'til a ~° 4.~ ~/2 +~ a :C U W yr W` Y v` V 0 a~ x a eJ~ V1 ~~ oO N Q ~a V 0 ~ ti 0 U ,O 30 ~''4 ~, o~ V y.. .., S HN ~~~ ~ ~• .. ~~ ~ s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CRAB POT SEAFOOD T/A WICKERS CRAB POT/RAY D. WICKER, JR. 8~ MICHELLE R. WICKER, Conditional Use Permit, home occupation, 3537 Byrn Brae Drive (GPIN 1447903402). KEMPSVILLE DISTRICT. MEETING DATE: April 12, 2011 ^ 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. At the request of the applicant this item was deferred at the April 12, 2011 City Council hearing. ^ 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 Crab Pot Seafood t/a Wickers Crab Pot/Ray D. Wicker, Jr. & Michelle R. Wicker Page 2 of 3 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: 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 Page 3 of 3 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 6, 2011 City Council Hearing. Submitting Department/Agency: Planning Department City Manager: ~,L. , ~ 0.~'~, KEMPSVILLE Flap A-7 ~~ REQUEST: Conditional Use Permit (home occupation) Put Seafoucl t/a :I:er's CI'ill) PUt r ~, ~- ,. '. +~ ~ (- rr ii ~~ %~ __,_ ,~ ;; - , r,~ r ~- CUP- /or Home Occupation ADDRESS /DESCRIPTION: 3537 Byrn Brae Drive March 9, 2011 Public Hearing APPLICANT: CRAB POt SEAFOOD T/A WICKER'S CRAB POD PROPERTY OWNER(: RAY D WICKER, J~ & MICHELLE R. WICKE STAFF PLANNER: Carolyn Smit GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14479034020000 KEMPSVILLE 31,570 square feet Less than 65 d6 DNL SUMMARY OF REQUEST 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 INFORMATION CRAB POT SEAFOOD T/A WI Agenda Item 1 Page 1 r` ~. , 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 anti 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. 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. 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 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. CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page 4 I~~~. .~ :~ ~; ~, "~ ~ ~~~ t ~~r T C~~p~Jl AERIAL OF SITE LOCATI~ CRAB POT SEAFOOD T/A WICKER'S CRAB rage .. ,. ,t ,a7' ~~ _, THIS 19 TO CERTIFY THAT I, ON ~~ s' pa 9URVEYEU THE PROPERTY SH01YN LEON, AND THAT THE TITLE LINES AND PHYSICAL IKPROVEMENT3 ARE AS SHUwN tEON. THE D[PROVEIIENT9 STAND STRICTLY 1-I7'HIN THE T]TLE LINES AND THERF. NO ENCROACKMENTS O)t VISIBLE EASEMENTS EXCEPT AS SH01PN. SIGNED: «'~~~~".•" NOTE: THE PROPERTY SVIOWN REREON MPFJIRS TO UE IN '1(,AE' ROOD 20NE ACCORDING TO F.EMl1. IMP pM+EL N0. 5155J1-0025E, REYlSED DEC. S, 1999 COVE OF EASTERN BRANCH OF ELIZABETH RIVER N 1D'4S'00' E 110.03' 6' ORATNAOE ! YIKJTT ESM'T. M9.60 p0.J9 I HOOD 1 vi 9UE1(NEAD N ~ ~pD ~ I DOCK FRAME 4' DL I I q eoAT ~~ tao X ROUSE 1.{' tN I LOT 14 . 9~(s) • LOT 13 3' CL T.5' OUT FENCC ' • ~,~t•, ~~. APPROX, UIIITS ~ /~ '~ Ja1 OF 'AE' FL000 M ~ ~ STORY BRICIc ZONE ~ / JS77 /Z ~1 ~ I ~ICFLDOD ~~ .__ ~_ ._ .__ . zl9EE IP(F) ~ IS9.0' LOT 15 7.7' JCL FENCE 0..• W 2.8' IN N '~~ IP(i~ APPROX L1A11'S '~ N 'O~tET R ~ Ex~Tp S 18'04'00' W 110,00' i of 'AE' rtow BYRN BRAE DRIVE (50' R/W ) 20NE PHYSICAL SURVEY OF LOT 15 SUBDIVISION OF BALLYLINN SHORES DAl[: JAN, E, 199E VIRGINIA BEACH, VIRGINIA ~' T' ' 4O' Nom' roR ~~ sEE w.SG PaJ9 FOR RAY D. 1MCKER dt MICHELLE R. WICKER .N4,ALTy Of ~ ~ VA OEAON, VA. ~ i~ ' ~ 8 a ARO M. NOIM[5 c V Cf 0.11HCAlE No WARD M. HOLMES 109 ' LAND SURVEYOR, P.C. V CINI u~~i~ . 8226 GRANBY STREET ~ i-e P~ P O . NCIRFOLK, VIRGINIA D36DD 76'1-480-1230 qhn rllnyFy ~ /00 (37/) PROJtcT RG. YBOZ~ PROPOSED SITE PLAN q ~- I CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 _~ Page 6 $~ ~~ NO ZONING HISTORY TO REPORT ZONING HI 's ~, CORY ~~` CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 ~___ ~t r .: ,. 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 listifnecessary) C~u,(o Po~ S~atoC+~ Tr'A Lt1,~~t-s C~~ Po~' 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~~ ~~ E~~ ^ 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, trusteesn, partners, etc. below: (Attach lisf if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ;tCt[/ L_ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for foofiotes Q ~~ Iii !~~y ~~ ~~y Does an official or employee of the rty of Virginia Beach have an interest in the subject land? Yes No ff yes, what is the name of the official or employee and the nature of their interest? Conditional use Permit Application DISCLOSURE STATEMENT CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page 8 Page e a ~o ReNSed ~>3noo~ DISCLOSURE STATEMENT I~~f V r~-~ ~+ ~--~ w Q+ W cn ~~- ~~ ~~ A ~..? ADDITIONAt_ 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, finanaal services, accounting services, and legal services: (Attach list if necessary) ' "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 inctude that the same person or substantially the same person own or manage the two entties; there are r:ommon or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and aaxirate. 1 understand that, upon receipt of notification (postcard) that the application has teen 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 ja~nd evaluating this)applicyatlon. ~w ~Ci I\0.~ ~ W. C! ~~~ Applicant's S" re Print Name Property rs Signature (f diffe than applicant) Print Na e Condlfional Use Permit Application Pape 10 or 10 Revised 7/3/2007 DISCLOSURE STATEMENT CRAB POT SEAFOOD T/A WICKER'S CRAB POT Agenda Item 1 Page 9 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 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 pickup 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 vear with an administrative review and renewal (if appropriate) every vear thereafter. 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. Item #1 Crab Pot Seafood t/a Wicker's Crab Pot Page 2 The applicant is encouraged io 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 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 1 for consent. Ray Wicker, Jr. ,applicant appeared before the Board. U a .'..~ ~I^r .~ C x Q W m 0 ` ~~~ti 1 ~!~ ~ J C .~ i Q i 0 v U d ~C N W h ~ ~ ~_ ~ O rJ [~ N ~4 _w a V v ~ U •w ~ O 0 ~' 4 o~ N tn~ N'r S h o ~~ ~ . ~, 4~ - ~.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: S.S.K. HOSPITALITY, LLC, Conditional Use Permit, commercial parking lot, 395 Norfolk Avenue (GPIN 2427147277; 2427147281). BEACH DISTRICT. MEETING DATE: April 26, 2011 ^ Background: The applicant requests a Conditional Use Permit to allow a commercial parking lot to be located at 395 Norfolk Avenue. The site currently houses two existing motel buildings and thirty-one associated parking spaces. The applicant indicates there is a demand by tourists to use this site as commercial parking. The applicant indicates that his motel/hotel business has been slow and during the week, the parking lot on-site is typically empty and allows ample parking for the proposed commercial parking lot. Hours of operation of the parking lot will be from May to August, Monday through Thursday from 9:00 a.m. to 5:00 p.m. No additional landscaping or site improvements are proposed. ^ Considerations: The proposed commercial parking lot is not compatible with the Resort Area Strategic Action Plan or the Comprehensive Plan's guiding principles regarding preserving neighborhood quality. 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. The existing parking lot does not currently conform to minimum landscape and buffering requirements and there is no additional buffering or landscaping proposed. The proposal, therefore, to increase the intensity of uses on this site, by adding a commercial parking lot, without sufficient landscaping and buffering is not appropriate and does not conform to the City's long range plans or zoning requirements. In addition, there is limited parking on-site to be utilized within the commercial parking lot operation. According City zoning codes, the existing motel/hotel requires 29 parking spaces and the site has 31 parking spaces shown on the plan. One of the 31 parking spaces, however, will have to be eliminated because it creates unsafe vehicle movement according the City's Traffic Engineering Department. Therefore only one space will be available for the commercial parking lot. While there is not a minimum parking standard identified within the Zoning Ordinance for commercial parking lots, staff has concluded that the S.S.K. Hospitality, LLC Page 2 of 2 proposed site with one space available for a commercial parking lot does not have sufficient parking for the proposed parking lot use. In terms of the site design, staff finds this site design is not conducive to pedestrian activity normally expected within a commercial parking lot. To encourage pedestrian activity, plans typically include pedestrian style lighting that may consist of decorative lamp posts standing about 14 feet in height. Sidewalks, street art, benches, or other forms of visual interest are also provided. While there are sidewalks on this site, when staff visited the site, those sidewalks were obstructed with furniture, and the site lacked pedestrian style lighting and visual interest. When looking at the site as a whole, including the site's limited landscaping, lack of pedestrian style lighting and lack of available parking, staff finds that this site is not suitable to house both a commercial parking lot and motel. Staff therefore cannot recommend approval of this request. There was no opposition to the request. ^ Recommendations: The Planning Commission recommends denial 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 denial. Submitting Department/Agency: Planning Department City Manage . BEACH Ma,, nl-~ S.S.K. Hospitality', LLC 1.H~ Nd ro k X ,, ~ \ . ~~ , . itLK A ~ ~~ ~ ~ ~TM~r ,~,,~ _ ~ - ~- ,1 RT2 ,, _ ~`' ~ r ~ ~ +/A~ 8 ` ^ ~ ~ `n ~ ~,_ ~~ r ~ ~Zwre.~n c>.+n:,..a.n.."0pin` CUP for Cozzrcrzezcial Park7n Lot 16 March 9, 2011 Public Hearing APPLICANT /PROPERTY OWNER: S.S.K. HOSPITALITY, L. L. C . STAFF PLANNER: Leslie Boniltla REQUEST: Conditional Use Permit (commercial parking lot in conjunction with existing hotel) ADDRESS /DESCRIPTION: 395 Norfolk Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24271472770000, BEACH 17,476 square feet 65-70 dB DNL 24271472810000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a commercial parking lot to be located at 395 Norfolk Avenue. The site will house two existing motel buildings and the proposed commercial parking lot. The applicant indicates there is a demand by tourists to use this site as commercial parking. The applicant indicates that his motel/hotel business has been slow and during the week, the parking lot on- site is typically empty and allows ample parking for the proposed commercial parking lot. Hours of operation of the parking lot will be from May to August, Monday through Thursday from 9:00 a.m. to 5:00 p.m. The site contains of one, two-story, 20-room, 7,340 square foot motel building located along the southernmost property line and another two-story, 9-room motel situated within the northeastern corner of the site. Thirty-one parking spaces are provided between the two buildings and situated east of the smaller motel building. In addition to these uses, there is a small pool and wood deck located on the east side of the larger motel building. No additional landscaping or site improvements are proposed. S.S.K. HOSPITALITY, L.L.C. Agenda Item 16 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Hotel with associated parking SURROUNDING LAND North: . Norfolk Avenue USE AND ZONING: Across Norfolk Avenue are apartments / A-18 Apartment District South: • Single-family residential / R-5S Residential Single-Family District East: • Lake Holly • Across Lake Holly is Pacific Avenue and a parking garage / RT- 2 Resort Tourist District West: • Single-family homes / A-12 Apartment District • Single -family homes / R-5S NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts are needed to transform the Resort Area int~~ 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 a traffic arn1 parking management system that calls for a centralized and shared parking strategy that reduces surface parking and concentrates traffic flow and maximizes traffic management. The Plan recognizes the need t~ have an appropriate transition of land uses between areas planned for more intense commercial uses and the stable Old Beach, Lakewood/Pinewood and Shadowlawn neighborhoods. (p. 2-31) In addition, the Comprehensive Plan Reference Handbook identifies challenges to achieving quality community appearance and recognizes certain design elements that are in conflict with improving the quality of our physical environment. Excessive impervious coverage regarding parking lots is an example as stated i~ the General Community Appearance Guidelines. (p. A-6) S.S.K. HOSPITALITY, L.L.C. Agenda Item 16 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Norfolk Avenue in the vicinity of this site is a two-lane minor urban arterial with several on-street parking spaces in this area, with a 60-foot wide right-of-way. No CIP projects are currently scheduled for this portion of Norfolk Avenue. Arctic Avenue in front of this site is a two-lane local street with a 55-foot wide right-of-way. No CIP projects are currently scheduled for this section of Arctic Avenue. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Norfolk Avenue 4,030 ADT 10,700 ADT (Level of Existing Land Use -163 Service "D") ADT Arctic Avenue Not Available 9,900 ADT (Level of proposed Land Use is not Service "D") available Average Daily Trips z as defined by a 29-room motel TRAFFIC ENGINEERING: 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 in interfere with traffic on adjacent public streets. The existing entrance on Arctic Avenue does not currently meet this standard. The parking spaces nearest Arctic Avenue appear to be situated near enough to the street that vehicles parked in these spaces must back out into the roadway in order to maneuver out of their space. These spaces must be re-striped in order to meet City Code as well as Public Works Standards. The one-way arrows must be restriped and additional signage added to indicate the one-way operation at each access point. The Arctic Avenue entrance may need to be modified to meet City of Virginia Beach standards. City of Virginia Beach Public Words Standards states that the minimum radius for commercial entrances is 15 feet, and the minimum width for the one-way entrances is 18-feet. It is unclear from the submitted survey if this standard is met. WATER 8~ SEWER: This site currently connects to City water and sewer. EVALUATION AND RECOMMENDATION The proposed commercial parking lot is not compatible with the Resort Area Strategic Action Plan or the Comprehensive Plan's guiding principles regarding preserving neighborhood quality. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance S.S.K. HOSPITALITY, L.L.C. Agenda Item 16 Page 3 the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. The existing parking lot does not currently conform to minimum landscape and buffering requirements and there is no additional buffering or landscaping proposed. The proposal, therefore, to increase the intensity of uses on this site, by adding a commercial parking lot, without sufficient landscaping and buffering is not appropriate and does not conform to the City's long range plans or zoning requirements. In addition, there is limited parking on-site to be utilized within the commercial parking lot operation. According City zoning codes, the existing motel/hotel requires 29 parking spaces and the site has 31 parking spaces shown on the plan. One of the 31 parking spaces, however, will have to be eliminated because it creates unsafe vehicle movement according the City's Traffic Engineering Department. Therefore only one space will be available for the commercial parking lot. While there is not a minimum parking standard identified within the Zoning Ordinance for commercial parking lots, staff has concluded that the proposed site with one space available for a commercial parking lot does not have sufficient parking for the proposed parking lot use. In terms of the site design, staff finds this site design is not conducive to pedestrian activity normally expected within a commercial parking lot. To encourage pedestrian activity, plans typically include pedestrian style lighting that may consist of decorative lamp posts standing about 14 feet in height. Sidewalks, street art, benches, or other forms of visual interest are also provided. While there are sidewalks on this site, when staff visited the site, those sidewalks were obstructed with furniture, and the site lacked pedestrian style lighting and visual interest. When looking at the site as a whole, including the site's limited landscaping, lack of pedestrian style lighting and lack of available parking, staff finds that this site is not suitable to house both a commercial parking lot and motel. Staff therefore cannot recommend approval of this request. S.S.K. HOSPITALITY, L.L.C. :Agenda Item 16 Page 4 AERIAL OF SITE '~ ~.. 1i S.S.K. HOSPITALITY, L.L.C. Agenda Item 16 Page 5 d11021J KOIlYd7!]SP10.7 ?f'SIYlIddY U J < Q. ~ W r ~ 2 W H J~ W ? ~ O J ~- = ~ a N O O 7 t! ~ 2~ ~ W ~ f/1 n W^ ~- ~ m W J otL W <>? Nl~< < i S ~ y ~ O > 6. G -+ < U _ O J O N -0 Z ~ < G O< m N ~ W O = "' N -' ~ < <<O W W ~' N W O m Z2< '~ .•• ~ O~ f Y a to Z vt~v>z .., x 5 J ~ 2 M 6tp ~ = C. S ~-. J ,~.,,~ ~~': mine ooon aou .o•~ ~ J 2 e n ti O N _ .1 6 ~~ -~ O h .• =[.vsf ~nn~n- J11Jtf1 ~-: . ~~o~ J ~ ~ ~~ u _• J tl K s O N a'~ y ~ :m zn yry~ ~~YYf 1 jtOOt~t . o~ }'u~ 1 Y ~ °fp+z~`~ . r 2Y1 00 ~m`zLL< o~W ..o- y ; ~ _ H . W p f wM b S JYp>~ °~~~~~~ ~w •~zWOUJ e, Wy~~~~~ ~~-ZZ~A ._.~ O D ~ ~ r_ p~ < ~MM O ! 8 a TY_ ~ W M~`~ O t ~~nxns PROPOSED S.S.K. 31TE PLAN TALITY, L.L.C. ,genda Item 16 Page 6 ~, ~, '~ PHOTOGRAPH OF SITE '~ S.S.K. HOSPITALITY, Agenda I' C. 16 ~.,` T ( ... e4 } # DATE REQUEST APPLICANT ACTION 1 09/28/1981 Rezoning (R-7 to B-4) Bangel -Kramer Ent., Inc. Approved 05/17/1971 Use Permit (motel) Holly Kove, Inc. Denied 10/12/1970 Rezoning (R-1 to MH) J.T. Crosswhite Jr. Granted 10/12/1970 Use Permit J.T. Crosswhite Jr. Granted 2 08/09/1994 Subdivision Variance Rodne L. Mills Granted 3 05/14/1996 Street Closure VB/South Parkin , LLC Granted ZONIN ----- ~J .r./ ~ , S.S.K. HOSPITALITY, L.L.C. Agenda Item 16 Page 8 ~. ~Ua .., - .. DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporaiion, partnership, firm, business, or other unincorporated organization, complete the following; 1. List the applicant name follor~d by the names of aB officers, members, trustees, l~i~ Nr? rY, ~! T>~ ~ O Gheck 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 hom 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, e/tc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ^ Check here if the properly owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 `See next page for footrwtes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Pennil Applicatbn Pege 9 of 10 Revved 7/3/2007 Z O a as w a~ w z 0 ~Z 0 V DISCLOSURE STATEMENT S.S.K. HOSPITALITY, L.L.C. Agenda Item 16 Page 9 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) DISCLOSURE STATEMENT !`mot V ~--a F"+ W W z O I~~ t~--~.t ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 controAing owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va_ Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applic s Si u not Name ~'v~~sr f~'~L_._, Property er's Signature (if different than applicant) Print Name Condl0onal Use Permft Appncalion Pepe 10 of 10 Revised 713/2D0'/ DISCLOSURE STATEMENT S.S.K. HOSPITALITY, L.L.C. Agenda Item 16 Page 10 Item #16 S.S.K. Hospitality, L.L.C. Conditional Use Permit for a commercial parking lot 395 Norfolk Avenue District 6 Beach March 9, 2011 DENIED An application of S.S.K. Hospitality for a Conditional Use Permit (commercial parking lot with existing hotel) on property located at 395 Norfolk Avenue, District 6, Beach. GPIN: 24271472770000; 24271472810000. 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 denied item 16. Suresh Patel, applicant appeared before the Board. C Fri C C r r/ h 0 ~ ~' .~ V ~L O i O O 'a C a a y Vi ~ ~ 0 4 N .y. w a V 0 1 A U O ~ O ~4 `o N H~ NU~~.s'wil o~ ~~ ~ ~ t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JIM CAPLAN/HIC, LLC/MACH ONE, LLC/HIF, LLC, Conditional Use Permit, indoor recreation use, 3877 Holland Road (GPIN 1486248827). ROSE HALL DISTRICT. MEETING DATE: April 26, 2011 ^ Background: The applicant requests a Conditional Use Permit to allow an addition to an existing building for an indoor recreational facility. Specifically, the applicant is proposing to construct a 27,900 square foot addition on a vacant portion of an existing commercial center that abuts a townhouse development. It is the applicant's intent to lease 22,000 square feet of the expansion of the Windsor Crossing Shopping Center to Planet Fitness and perhaps ultimately the remaining square footage as well. In the event that they do expand, the Conditional Use Permit for all of the square footage of the addition will be available to operate an indoor recreation facility without returning to the Conditional Use Permit process. ^ Considerations: The proposed indoor recreation use is consistent with the policies of the Comprehensive Plan. This type of use helps support the recreational needs of residents in the area. The expansion was originally shown as future development when the property was rezoned in 1995 to construct the Windsor Crossing Shopping Center; therefore, a modification to the proffer agreement is not necessary. The elevation reflects an extension of the current design and building materials of the existing shopping center building. The required landscape buffer, designed to screen the adjacent residential uses from the commercial activity was established when the shopping center was originally constructed. Ample parking is available within the center to accommodate the proposed indoor recreation use along with the existing retail uses. Staff recommends approval of this request with the conditions listed below. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: HIC, LLC; HIF, LLC; MACHONE, LLC Page2of2 The building expansion shall be constructed in substantial conformance with the elevation entitled, "Revised 3/7/11," dated 3/7/11, which has been exhibited to the City Council and is on file in the Planning Department. 2. This Conditional Use Permit is valid for the 22,000 square feet and any other units on this property in the event the applicant wishes to expand. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department and shall obtain a Certificate of Occupancy from the Building Official's Office for this unit and any other units on this property in the event the applicant wishes to expand. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc~/y: Planning Department City Manager: ~ r` 2~SE HALI nm~~ r.-x v,. ,a~ ,, _. H1C, LLC;; Hlr~ LLt'' MAt HUlVr: LLL. ~ , ~. ~,~ r ~ ~, a ~ p~ ~ . ~} i ~ ~. ~ i ~- ~ Y p , 2 ~2 ~ .. ~~ -~~ n B2. Z~ ~; ,,. .,,,,. _~ ~ ~; " • $~,~ ~? B2 , ti ~~'Kts~"` j "l' ~ ~~ ~ ~ ~ BZ' 7~ ' ~C L .2 Y `' `V. . ~ 'Zwim, wYM1 CowdfnomiMMs, Opw Spcr Prenrbw a PIW~l Oreaw,a CUP /or Indoor Recreation Fac!!Ny REQUEST: Conditional Use Permit (indoor recreation facility) ADDRESS /DESCRIPTION: 3877 Holland Road STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14862488270000 ROSE HALL 27,000 square feet Less than 65 d6 DNL 10 April 13, 2011 Public Hearing APPLICANT & PROPERTY OWNER: HIC, LLC; HIF, LLC; MACHONE, LLC SUMMARY OF REQUEST' The applicant requests a Conditional Use Permit to allow an addition to the existing building for an indoor recreational facility for a fitness center. Specifically, the applicant is proposing to construct a 27,900 square foot addition on a vacant portion of an existing commercial center that abuts a townhouse development. It is the applicant's intent to lease 22,000 square feet of the expansion of the Windsor Crossing Shopping Center to Planet Fitness and perhaps ultimately the remaining square footage as well. The fitness center may, in the future, expand into all 27,900 square feet of the addition. In the event that they do expand, the Conditional Use Permit for all of the square footage of the addition will be available to operate an indoor recreation facility (fitness center) without returning to the Conditional Use Permit process. LAND USE AND PLAN INFORMATION EXISTING LAND USE: existing retail shopping center and parking lot HIC, LLC; HIF, LLC; MACHONE, LLC. Agenda Item 10 ', Page 1 SURROUNDING LAND North: . Retail shops / B-2 Community Business District USE AND ZONING: Holland Road South: Stormwater management facility, townhomes / A-12 Apartment District with PD-H2 overlay East: Townhomes / A-12 Apartment District West: . Retail, parking lot / B-2 Community Business District Windsor Oaks Boulevard NATURAL RESOURCE AND There are no significant environmental or cultural features on the site a;; CULTURAL FEATURES: it is predominately impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area 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. The Plan also reinforces the suburban characteristic:; of commercial centers and other non-residential areas that make up part of the Suburban Area (p. 3-1 and 3- 2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a four-lane urban minor arterial. It is listed in the Master Transportation Plan Major Street Network Ultimate Rights-of-Way as asix-lane facility in a 150' right-of-way, but there is no CIP project to perform that widening. Windsor Oaks Boulevard is a four-lane collector. It is listed in the Master Transportation Plan Major Street Network ultimate Rights-of-Way as a four-lane facility in an 80' right-of-way. I is at its ultimate width. There is a CIP project, Intersection Improvements at Holland Road and Windsor Oaks Blvd (CIP # 2.177.001), at the intersection of Holland and Windsor Oaks. This project will modify the existing left-turn lanes on Holland Road and the curb ramps at the intersection. It is currently at the 90% design stage. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,000 ADT 22,800 ADT (Level of Service "D") - 27,400 ADT' (Level of Service .. E.,) Existing Land Use z - Windsor Oaks 9,100 ADT' 13,100 ADT' (Level of 12,564 ADT Boulevard Service "C") - 20,700 Proposed Land Use s - ADT' (Level of Service 13,482 ADT «D„ Average Daily Trips s as defined by PM peak hour for general retail center s as defined b PM eak hour for addition of fitness center HIC, LLC; HIF, LLC; MACHONE, LLC. .Agenda Item 10 Page 2 WATER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The proposed indoor recreation use is consistent with the policies of the Comprehensive Plan. This type of use helps support the recreational needs of residents in the area. The expansion was originally shown as future development when the property was rezoned in 1995 to construct the Windsor Crossing Shopping Center; therefore, a modification to the proffer agreement is not necessary. The submitted elevation reflects an extension of the current design and building materials of the existing shopping center building. The required landscape buffer, designed to screen the adjacent residential uses from the commercial activity on this was, was established when the shopping center was originally constructed. Ample parking is available within the center to accommodate the proposed indoor recreation use along with the existing retail uses. Staff recommends approval of this request with the conditions listed below. CONDITIONS 1. The building expansion shall be constructed in substantial conformance with the elevation entitled, "Revised 3/7/11," dated 3/7/11, which has been exhibited to the City Council and is on file in the Planning Department. 2. This Conditional Use Permit is valid for the 22,000 square feet and any other units on this property in the event the applicant wishes to expand. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department and shall obtain a Certificate of Occupancy from the Building Official's Office for this unit and any other units on this property in the event the applicant wishes to expand. 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. HIC, LLC; HIF, LLC; MACHONE, LLC. Rgenda Item 10 Page 3 AERIAL OF SITE LOCATION HIC, LLC; HIF, LLC; y`~ rage 4 ~_ ~_ : _ e ~~'C~<u e r~ s~. ~ ` ,,.~ <.:`+~ ""'9 "'^ m VIAA~tl1A ~I++HIL1WIO.up ~.«cam ~, 'a`.:.ae..r.'~O'"°'.i ' CUYS4W ri m[ Mf U]JH]J'JMJdOHS .YOISWi'd'Y7lY.L7Xr7YSGY0A'd _ ~ • p o i ~ ~ ~i~ ~ 7MISSOMJ tlOSOMM/ONV'iIOH ,,rr r'~ r'r~ ~i ^ y ! tld !f"VJ R ~ Y ;l ' _ A.~` ~~aronaow e ~ A .. 1. ~. 4 , - ,. -~ ~.~i ~ ~ t i ~. ~ W ,'`~ ., ~. ~ ;:,<; .,... ~ ~r C1 N V Q.!' w g 0 ~ ,~ ~~ ~ ~ , ~`'-: 9, - ~__"= , 1 . c- - ~- ,~-~ : i ~~ : ~ F_ -, ~ . -, ~: ~= - ~ ~- ~ _ _ ~ I i. ~~ i~ I ~ ~~~ ~ ,,~ ~_ %~ ,,. ; ~-~ , ;; ~ + t ~ a ~'a' '~ 1 a a ( .5; ~~ '~^. `~~~': S: 3 Epp:"`~8 y F `~~ ~-e 4/ ~~ ~+3~~ Y ~ T4`99YS$ ~ aS ^y5 p ~ ~. F Yt~ ~#~a tit' §fl~e ~3~~ ~: 5 ~ ~1' ~ a ~ f~a~3~8e ~. 5: s' ~~ ~s$'s ',s Y E ~~ PROPOSED SITE PLAN -~~ a HIC, LLC; HIF, LLC; v Page 5 ~; 3s" bF ~~ x~~~~~ snri i PROPOSED BUILDING ELEVATION ~y HIC, LLC; HIF, LLC; Page 6 ~~ ~ 71UN ~ ii- QUF' tJr ~ A.l~ ~~..i J1':~ CH&B ASSOC.,THE CAPLAN FAMILY TRUST o~~Se~~~. 11{NDSOR OAKS BLYD. ~---._ +1~~~5~~ ~lz~~~. ,-~=. ~~ r-, yo r~ y O ~~ a '~ ~_ 0 iJ- ~ 1 d 9 r ~~ • ~ ~~.'~ ~ r APPROVED SITE LAYOUT ~.~ FROM 1995 ~~' HIC, LLC; HIF, LLC; ~ genda Item 10 .: Pag e 7 ~, ~ ~~ a ~~,.~' .~ 1 07/10/01 REZ (A-12 & R-7.5 to Conditional B-2) Granted MOD (A-12, R-7.5 & B-2 to Conditional A-12 with PD-H2 Granted Overla 2 08/13/96 MOD Granted 04/11/95 REZ (A-12 to Conditional B-2) Granted CUP auto re air 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) Please see the attached list of Property Owner Disclosure 2. List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) Holland/Windsor Crossing Shopping Center, Virginia Beach, VA ^ 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) Please see the attached list of Property Owner Disclosure 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Holland/Windsor Crossing Shopping Center, Virginia Beach, VA ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 70 Revised 7/3/2007 Z O ~-.~ a w w a~ w 0 ~-. ~Z 0 V DISCLOSURE STATEMENT HIC, LLC; HIF, LLC; MACHONE, LLC. Agenda Item 10 Page 9 Applicant Disclosure And Property Owner Disclosure I. HIC, L.L.C., James M. Caplan, manager The Caplan Family Trust 1976, member 2. MACH ONE, L.L.C., James M. Caplan, manager or Lawrence Fleder, manager CH&B Associates, L.L.P., member 3. HIF, L.L.C., Lawrence Fleder, manager The Fleder Family Trust 1976, member Applicant and Property Owners are Virginia limited liability companies. HIC, LLC; HIF, LLC; MACHONE, LLC. Agenda Item 10 Page 10 O 1~~ ~~ II~ ~~ W z O ~~ ~~ 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: (Attach list if necessary) Architect: The Design Collaborative Engineer: Kimley-Horn & Associates, Inc. Lawyer: Troutman Sanders, L.L.P. ' "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. ~ °Affiliated business entity relationship" means °a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entties.° See State and Local Government Conflict of Interests Act, Va. Code § 22-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notfication (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. See attached page for Applicant & Property Owner names and signatures Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Pertnil Application Page 70 or 10 Revised 7132007 See signatures next page. HIC, LLC; HIF, LLC; MACHONE, LLC. Agenda Item 10 Page 11 HIC L.L.C. ~• J' es M. Caplan, man MACH ONE, L.L.C. y: J es M. Caplan, an HIF, L.L.C. By: .~,.~ La nce Fleder, manager HIC, LLC; HIF, LLC; MACHONE, LLC. Agenda Item 10 Page 12 Item #10 HIC, L.L.C.; HIF, L.L.C.; Machone, L.L.C. Conditional Use Permit 3877 Holland Road District 3 Rose Hall April 13, 2011 CONSENT An application of HIC, L.L.C.; HIF, L.L.C.; Machone, L.L.C. for a Conditional Use Permit (indoor recreation facility) on property located at 3877 Holland Road, District 3, Rose Hall. GPIN: 1486-24-8827-0000. CONDITIONS 1. The building expansion shall be constructed in substantial conformance with the elevation entitled, "Revised 3/7/11," dated 3/7/11, which has been exhibited to the City Council and is on file in the Planning Department. This Conditional Use Permit is valid for the 22,000 square feet and any other units on this property in the event the applicant wishes to expand. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department and shall obtain a Certificate of Occupancy from the Building Official's Office for this unit and any other units on this property in the event the applicant wishes to expand. 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 AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE Item #10 HIC, L.L.C.; HIF, L.L.C.; Machone, L.L.C. Page 2 RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 10 for consent. Randy Royal appeared before the Board on behalf of the applicant. There was no opposition. U a .a s bJ . ,..i, '+V c •~ ~~ '+V A ~~, '""' A Mme; M~-+ ~ run+ ~_ ~ ~~ ~ ''. ~--~,~ ~ ~{ ' ,~ ~~ r~ 3 Y ly ,~._ z ~ t-r'`u- `-~`:i--r-' ~~ ~~~~~a = r--, _, ~i ~ _~; 1j a~ i ~ ~~ y is aaiav~ ~ r'l~~il` ~-1~-~--~..r~-~~ j~ ~ ~ ~~ 0 r 11 N 0 r- 7 ~~I O V ~. c 0 V ~~ N ~ ~ ~_ ~ ~ Q N N 0 Q M ~ V Q U wo ~o ~4 N C vi NU y$ f~ ~~ ,~ s, ~~4 = t ~~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MADISON LANDING, LLC, Modification of Conditional Change of Zoning, 827 Muth Lane (GPIN 1468531112). BAYSIDE DISTRICT. MEETING DATE: April 26, 2011 ^ Background: The applicant is requesting a Modification of a Conditional Change of Zoning approved in 2008. The approved rezoning permitted 9 townhome style dwellings with a density of 7.6 units to the acre. The site plan depicted 3 groups of buildings with 3 units each with associated parking and landscaping. The applicant is proposing to allow development of 14 multi-family dwelling units in a mix of townhome style and flat style dwellings. The site layout and landscape plan depicts 3 groups of buildings; 1 building contains 4 flats and 2 buildings contain 4 flats and 1 townhouse style dwelling. The proposed density is 11.76 units to the acre. Surrounding zoning includes A-12 and Conditional A-18 Apartment districts developed at 12 units to the acre. Street frontage landscaping includes a 4 foot high undulating berm with flowering trees and a mixture of deciduous and evergreen shrubs. A 10 foot landscape buffer with decorative pergolas is provided along the western and northern portion of the site, and a 10 foot ingress/egress is depicted along the eastern portion of the site. Stormwater management will be provided via an infiltration system. The proposed dwellings are traditional in design with a brick water table and decorative standing seam roofs over the entrances to the units. Earth tone horizontal vinyl siding, faux vinyl shake siding, and white trim provides architectural detail to the units. Each unit has a minimum 1 car garage and 2 parking spaces. The Conditional Rezoning from R-10 Residential District to Conditional A-12 Apartment District was approved by the City Council on April 8, 2008. The Conditional Rezoning has six proffers. Proffers 1, 3, 4, and 5 are being modified to accommodate the proposed development. ^ Considerations: The proposed 14 unit multi-family mix of flats and townhome style units complies with the Comprehensive Plan policies established for this portion of the Suburban Madison Landing, LLC Page2of3 Area. The proffers ensure a functional site plan; attractive building architecture and the use of quality building materials; a proposed density that is consistent with the surrounding multi-family developments and provisions for an adequate amount of landscape screening and buffering. These development provisions continue to enhance the overall community character, economic value, and quality of life improvements that have steadily evolved in this area of Bayside. Staff, therefore, recommends approval of this request with the submitted proffers. 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: When the Property is developed, it shall be as a residential condominium in substantial conformity with the "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF MADISON LANDING VIRGINIA BEACH, VIRGINIA," dated 11/29/10 prepared by MSA, P.C. (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When developed, Grantor shall install landscaping in substantial conformity with the landscaping shown in the Conceptual Plan. PROFFER 3: When the Property is developed, the structures shown on the Concept Plan shall be developed using architectural designs and building materials shown on the rendering entitled "MADISON LANDING CONDOMINIUMS", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: On or before the date Grantor obtains a building permit for any structures to be constructed upon the Property, Grantor shall record a deed or plat dedicating to Madison Landing, LLC Page 3 of 3 Grantee the portion of the Property along Newtown Road shown on the Conceptual Plan as "+/- 7' R/W Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Property Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 7: The Covenants, Restrictions and Conditions set for herein replace and supersede the 2008 Proffers. STAFF COMMENTS: The proffers are acceptable, as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2010, and found it to be legally sufficient and in acceptable legal form. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc/y: Planning Department City Manager. {~ , ~~'~ B:11'tiIDE: n~a~~ ~'-` bia Not w Sce4 Mautson LanWn~, LL(J 7 ~ ~ ~ -m. ~~ ~~ ~ ~ A12 R10 .., ~._ ~ 5 i ,- ~ ,AJ8i \ ' ~~ =~~ ~ , ~ ` ~ a ~ ~~ ' ;,ti ~ A18* ~ ~~ '~1~1 ~ ~ ~ r-, ~- ~ ~ ~~~7~ _ ;-~~~ .. _ 0~~ ~ ~ ~ I NtMIp1q~ b , -, '~ ~o ',) ~ #~ ~~ ~ 82 ~ t_ J BZ ' ~~ ~ 1 7 ~ ~_ ~S ~ 1~~1I _ , ;~~,• ,. i •za:, .ae c.,da~..~.o~.n.... q.. s...., ~ e~+o. a,va+~: a.,w. ModMceNon of Cond7[bns 3 March 9, 2011 Public Hearing APPLICANT AND PROPERTY OWNER: MADISON LANDING, LLC STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Chance of Zoning approved by the City Council on April 8, 2008 ADDRESS /DESCRIPTION: 827 Muth Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14685311120000 BAYSIDE 1.19 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting a Modification of a Conditional Change of Zoning approved in 2008. The approved rezoning permitted 9 townhome style dwellings with associated parking and landscaping. The proposed density is 7.6 units to the acre. The submitted site plan depicted 3 groups of buildings with 3 units each. A stormwater management facility with landscaping and a 10-foot landscaped area along the rear of the site was also depicted on the proffered plan. The applicant is requesting a change to allow development of 14 multi-family dwelling units in a mix of townhome style and flat style dwellings. The submitted conceptual site layout and landscape plan depicts 3 groups of buildings; 1 building contains 4 flats and 2 buildings contain 4 flats and 1 townhouse style dwelling. The proposed density is 11.76 units to the acre. Surrounding zoning includes A-12 and Conditional A-18 Apartment districts developed at 12 units to the acre. Street frontage landscaping includes a 4 foot high undulating berm with flowering trees and a mixture of deciduous and evergreen shrubs. A 10 foot landscape buffer is provided along the western and northern portion of the site, and a 10 foot ingress/egress (lane) is depicted along the eastern portion of the site and Madison Landing, LLC Agenda Item 3 Page 1 the adjacent site. Decorative pergolas are also depicted within the landscape buffer along the western portion of the site. Stormwater management will be provided via an infiltration system. The proposed dwellings are traditional in design with a brick water table and decorative standing seam roofs over the entrances to the units. Earth tone horizontal vinyl siding, faux vinyl shake siding, and white trim provides architectural detail to the units. Each unit has a minimum 1 car garage and 2 parking spaces. The Conditional Rezoning from R-10 Residential District to Conditional A-12 Apartment District was approved by the City Council on April 8, 2008. The Conditional Rezoning has six proffers: PROFFER 1: When developed, Grantor shall develop the dwelling units upon the property in substantial conformity with the conceptual site plan prepared by MSA, P.C., dated May 25, 2007, and titled "Conceptual Site Layout & Landscape Plan of Muth Condominiums, Newtown Road, Virginia Beach, VA" (the "Conceptual Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, Grantor shall install landscaping in substantial conformity with the landscaping shown in the Conceptual Plan. PROFFER 3: When developed, the structures shown on the Conceptual Plan shall be developed using architectural designs and building materials shown on the rendering titled "Muth Condominiums", a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 4: On or before the date Grantor obtains a building permit for any structures to be constructed upon the Property, Grantor shall record a deed or plat dedicating to Grantee the portion of the Property along Newtown Road shown on the Conceptual Plan as "+/- 7' RNV Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. PROFFER 5: When developed, all open spaces shown on the Conceptual Plan shall be maintained by either a homeowners' association or condominium unit owners' association. PROFFER 6: Further conditions lawfully imposed by applicable development ordinances may be required during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffers 1, 3, 4, and 5 are being modified to accommodate the proposed development. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Several single-family dwellings occupy the site. SURROUNDING LAND North: Single-family dwelling / R-10 Residential USE AND ZONING: South: Newtown Road • Across Newtown Road are multi-family dwellings / A-12 Madison: Landing,_LLC Agenda Ite"fin 3 Page 2 Apartment East: . Multi-family dwellings / A-18 Apartment West: Multi-family dwellings / A-12 Apartment NATURAL RESOURCE AND The site is wooded and vegetated with shrubs and grass. There are no CULTURAL FEATURES: natural resources or cultural features associated with 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) The proposed modification is consistent with the policies of the Comprehensive Plan. Sandwiched between multifamily developments of similar density, this multifamily development use is appropriate for the site despite the increase in density from the previous approval. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP1 /CAPITAL IMPROVEMENT PROGRAM (CIPI: The site is located on the north side of Newtown Road approximately 600 feet east of Diamond Springs Road. Newtown Road in front of this site is a two-lane minor street. The Master Transportation Plan, as amended May 2010, calls for it to be upgraded to a major collector in a 100' right-of-way. There are no Capital Improvement Projects for Newtown Road. This development is not expected to adversely affect the over-capacity roadways within the Bayside District. Traffic Engineering Comments: • The entrance into the development must be in accordance with the City of Virginia Beach Public Works Standards. The geometry will be assessed during Site Plan review. • The requirements that the entrance complies with the Public Works Standards and that the right-of- way be improved remain unchanged from the previous approval. The conceptual site plan with this modification of conditions request shows some but not all of the required right-of-way improvements; the remaining improvements will be required during site plan review. Additionally, the conceptual site plan shows the entrance at a different location than in the 2008 conditional rezoning site plan. The location shown is acceptable. • Any further development of these or adjacent lots for the purpose of this development may require modifications to the entrance location. • Right-of-way improvements will be required along Newtown Road. These improvements include pavement widening, curb and gutter, sidewalk, and streetlight improvements. The curb and gutter and sidewalk must line up with the existing improvements on the western adjacent property. Madison Landing, LLC Agenda Item 3 Page 3 Engineering Comments: • A dedication of 23 feet such that the ultimate Right of Way of 100 feet, in accordance with the Master Transportation Plan amended 10/12/04, is achieved may be required during detailed site plan review. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Newtown Road 7,400 ADT 9,900 ADT Existing Land Use - 79 ADT (8 PM Peak Hour) Proposed Land Use s-116 ADT 12 PM Peak Hour Average Daily Trips Zas defined by Nine multi-family units 3as defined b 14 multi-famil units WATER: This site must connect to City water. There is a 10-inch City main along Newtown Road. SEWER: This site must connect to City sanitary sewer. There is an 8 inch City gravity main along the western edge of the property in a 30-foot public utility easement, and an 8 inch City gravity main along Newtown Road, which ends 5-feet before the eastern property line. Extension of the sanitary sewer to the site will be required. The site is located within the Pump Station #362 area, which has capacity issues and may require system modification. The. applicant shall submit an engineering hydraulic analysis of Pump Station #362 and the sanitary collection system to ensure future flows can be accommodated STORMWATER MANAGEMENT: The site is within the Chesapeake Bay Watershed. Stormwater quality and quantity shall be addressed in accordance with the Chesapeake Bay Area Preservation Ordinance and the Virginia Stormwater Management Handbook. POLICE: The applicant is encouraged to employ the use of Crime Prevention Through Environmental Design (OPTED) strategies with regard to street lighting and open space areas. A Lighting Plan and / or Photometric Diagram Plan will be submitted during detailed site plan review. Lighting should overlap and be uniform throughout the development. SCHOOLS: School Enrollment Capacity Generation' Change s Tri-Campus 1,392 1,461 1 0 Bayside Middle 977 1,070 1 1 Bayside High 1,842 1,708 1 0 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne ative fewer students . Madison Landing, LLC Agenda Item 3 Page 4 EVALUATION AND RECOMMENDATION The proposed 14 unit multi-family mix of flats and townhome style units complies with the Comprehensive Plan policies established for this portion of the Suburban Area. The proffers ensure a functional site plan; attractive building architecture and the use of quality building materials; a proposed density that is consistent with the surrounding multi-family developments and provisions for an adequate amount of landscape screening and buffering. These development provisions continue to enhance the overall community character, economic value, and quality of life improvements that have steadily evolved in this area of Bayside. Staff, therefore, recommends approval of this request with the submitted proffers. The proffers are provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium in substantial conformity with the "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF MADISON LANDING VIRGINIA BEACH, VIRGINIA," dated 11/29/10 prepared by MSA, P.C. (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When developed, Grantor shall install landscaping in substantial conformity with the landscaping shown in the Conceptual Plan. PROFFER 3: When the Property is developed, the structures shown on the Concept Plan shall be developed using architectural designs and building materials shown on the rendering entitled "MADISON LANDING CONDOMINIUMS", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: On or before the date Grantor obtains a building permit for any structures to be constructed upon the Property, Grantor shall record a deed or plat dedicating to Grantee the portion of the Property along Newtown Road shown on the Conceptual Plan as "+/- 7' R/W Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Property Owners' Association F Madison Landing,. PLC Agenda Item 3 Page 5 shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 7: The Covenants, Restrictions and Conditions set for herein replace and supersede the 2008 Proffers. STAFF COMMENTS: The proffers are acceptable, as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2010, 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. Madison.-Landing, ~.LC agenda Item 3 Page 6 AERIAL OF SITE LOCATION %~ Madison Landing, LLC Agenda Item 3 Page 7 .''t ~ti-ti..~.J..~..t.s .c s ~~~~~~rrrrrr g , di i' ' EL ~..~ y ~ ~ rI1 ~~ dZ~= '~ ~ ~ ~~ ~ , i - a [ ~ ~ ~, ~ $ s I ,,I, ~ ~~ § ',,... t ,.. ~.. N ~ I, y 'I~ d nN+00y ~ ~ ~ QO+Q^N y d I, ~ q a ~ O~ H v1 u1 u1 h O ~ p e ~I H aea~a ~ ~ ` ~ ~ : N ~ 7 ~ ! pi ~'~ ~ a p 5 E may' g r, „~ k ~ i ~ E a.. i` ~~ `~3# ~ ~~u: ~_ ~ _ LSD 1 li ~;! ~ ~ ''~~ ~ , ~ o~~t~ I ~~ a < F ~~~~~ a ,~ ~p ._~~_ ~ ~ ~ ~~~f~ .. ~ C ~,_ ' ~. A .~ __- ~,m- -- . _ -- ~. ~ ~ ~ _--- ~ ~ c ~.. , --- ~ ~ ~ > 9 y'.E ,, C ~o a, a ~ ~ ~;, ~~e. ~~stal~ N ''f~ V ~~~ ~ !~7`i=E ~/ m ~~ ~F ~1~p~4~~ (~ ~ ~ $~ycpp IpE~6y~~ C `0 ~~1Y q~~UYtI u C s ... E~9~{~~ ~~ X~ :~ W 0 L W ~^ a~' VIIJ a J A ~ C ~•~~ ~~ (d v < 5 ~^ a U~' ^ k ~ Q gg [Y ~ i; ~ ~ ~g ~= f ~~ ~ ~~ ~ g ~ of ~< E g ~ I.N~Opuf ~ ~ ~ n p N NP1 Qf~1 N ~ a ~ o ~ ~ ~ N * V~ C Y V m~~ U s S W ~ Z ~ ~ a c o o E ~~ v~Hu egg 3~ ~~ a„ ~'~ ` ~ ~ a ~~~~ PROPOSED SITE Madisoi ~d PROPOSED BUILDING E Mad ~TIO N ding, LLC Ada Item 3 _y rage ~ u ,~ . ~, WAYSIDE Alap D-5 M~~~licnn LanclinQ. LLC ~~1 IELA NO CT -.,~ L ~ - ~.~ fj i r _~ ~~ •^ . ~ ~ e _, ~ - ,~ ~l r~ ~ ~ ~: Lr ~,--. r,r o r 1 ~ ~ fff~~~~~~n ~~* ~_~ - ~~ ~ i ~ ~ r I - ~ ___ l ~ _ ~~~ L~ ~~~ %~~ ~ _~ ~ r ~ ~n~~ ~~ _ ~. ~ ~, ~_ 5 ~~ ~.J-~HEWTOWN '~ewrow~r r~o .,~. _ 'Zoning with CondiBons Prdlers• Open Space Promotion or PDHd Overlays Modification of Conditions # DATE REQUEST ACTION 1 4/8/08 Rezoning (R-10 Residential to Conditional A-12Granted Granted Apartment 2 6/14/05 Rezoning (A-12 Apartment and R-10 Residential to Granted Conditional A-18 A artment 3 1/24/05 Rezoning (R-7.5 and R-10 Residential to Conditional A-12 Granted A artment with a PD-H2 Planned Unit Overla 4 2/28/06 Rezonin B-2 Business to Conditional A-36 A artment Granted 5 3/8/06 Rezoning (B-2 Business and A-12 Apartment to A-24 Approved ZONING H Mad STORY I ~ Landing LLC , Agenda Item 3 ^~ Page 11 ~~ ~; ~., ~~ ~~ l~~t ~~ !~~ ~~ Iii il~~ 1~~[ 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) Madison Landing, LLC: Steven Bishard, Member; John Bishard, Member 2. Lis# all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modificatbn of Conditions Appliption Pella 7 0 of t t Revised 9/1/2004 DISCLOSURE STATEMENT Madison Landing, LLC Agenda Item 3 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, inGuding but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. MSA, P.C. TreyStone, Inc.lTracie Hawks ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, {ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local 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 scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject prop rty at least 30 days prior to the scheduled public hearing according to the instruct ns in this package. Madi on Landin LL BY~ Steven Bishard, Member Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Modification of CondNlons Application Pape t t of t t Revised 9r7r2004 Q F~~l 1~~ ~~ Icy O w 1~1 w A O Madison Landing, LLC Agenda Item 3 Page 13 Item #3 Madison Landing, L.L.C. Modification of Conditional Change of Zoning 827 Muth Lane District 4 Bayside March 9, 2011 CONSENT An application of Madison Landing, L.L.C. for a Modification of Conditional Change of Zoning approved by City Council on April 8, 2008 on property located at 827 Muth Lane, District 4, Bayside. GPIN: 14685311120000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a residential condominium in substantial conformity with the "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF MADISON LANDING VIRGINIA BEACH, VIRGINIA," dated 11/29/10 prepared by MSA, P.C. (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When developed, Grantor shall install landscaping in substantial conformity with the landscaping shown in the Conceptual Plan. PROFFER 3: When the Property is developed, the structures shown on the Concept Plan shall be developed using architectural designs and building materials shown on the rendering entitled "MADISON LANDING CONDOMINIUMS", a copy of which has been exhibited to the Virginia Beach City Council and is on i:lle with the Virginia Beach Department of Planning. PROFFER 4: On or before the date Grantor obtains a building permit for any structures to be constructed upon the Property, Grantor shall record a deed or plat dedicating to Grantee the portion of the Property along Newtown Road shown on the Conceptual Plan as "+/- 7' R/W Dedication." Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Property Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. Item #3 Madison Landing, L.L.C. Page 2 PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 7: The Covenants, Restrictions and Conditions set for herein replace and supersede the 2008 Proffers. STAFF COMMENTS: The proffers are acceptable, as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2010, 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 (CPTEDJ concepts and strategies as they pertain to this site. AYE 10 BERNAS FELTON AYE HODGSON AYE HENLEY AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote 10-0, the Board approved item 3 for consent. NAY 0 ABS 0 ABSENT 1 ABSENT Michael Levy appeared on behalf of the applicant. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7939 TO: Mark D. Stiles FROM: B. Kay Wilso~~~~"' _ DATE: April 11, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Madison Landing, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 26, 2011. I have reviewed the subject proffer agreement, dated November 30, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS ANI;i CONDITIONS MADISON LANDING, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 3oth day of November, 2oio, by and between. MADISON LANDING, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia; Grantee. WITNESSETH: PREPARED BY: Q.: ~1'9CtS. ~~Uh194)N, t~iL~! ~~~~l~r~ ~ ItVY, ~~.c. WHEREAS, the Grantor is the owner of that certain parcel of property located in. the Bayside District of the City of Virginia Beach, Virginia, containing approximately i.49 acres, which is more particularly described in Exhibit "A" attached hereto and. incorporated herein by this reference said 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 February 12, 2008 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #2oo8o4i8ooo445530 (hereinafter "2008 Proffers"), to reflect: amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1468-53-1112 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. When the Property is developed, it shall be as a residential condominium in substantial conformity with the "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN Of MADISON LANDING VIRGINIA BEACH, VIRGINIA„ dated ii/2g/io, prepared by MSA, P.C. (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. z. When the Property is developed, Grantor shall install landscaping in PREPARE~~nD BY: I l:~iit~ ~~~L~kN ~ ~.F`v~'.1~.~. ~~ substantial conformity with the landscaping shown on the Concept Plan. 3. When the Property is developed, the structures shown on the Concept Plan shall be developed using architectural designs and building materials shown on the 2 rendering entitled "MADISON LANDING CONDOMINIUMS", a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. On or before the date Grantor obtains a building permit for any structure to be constructed upon the Property, Grantor shall record a Deed or Plat dedicating to Grantee the portion of the Property along Newtown Road shown on the Concept Plan as "+/- ~' R/W Dedication". Grantor shall not be entitled to any compensation for the value of the Property dedicated to Grantee. 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. 6. Further conditions maybe required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ~. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2008 Proffers. The Grantor further covenants and agrees that: All references hereinabove to the A-12 Apartment 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 PREPARED BY: Q.~ Sl'~C~,S. $~~URI~~)N. 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 3 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. (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office ~i 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. PREPARED BY' Q~ SYU~`,;, ~$®Ulki~t~~d, ~~ r~l~~~,'A' $~ ~~, ~.C. 4 WITNESS the following signature and seal: Grantor: Madison Landing, L.L.C., a Virginia limited liability company c ~ ~~~ B ~U.~-D~ (SEAL) Y~ Steven Bishard, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1St day of December, 2010, by Steven Bishard, Managing Member of Madison Landing, L.L.C., a Virginia limited liability company, Grantor. r ~~ f , Notary Public _~ PREPARED BY: d~ ~19~~YP,' ~ ~ ~Y, f? C. My Commission Expires: August 3i, 2014 Notary Registration No.: 192628 5 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, with the improvements thereon, lying; situate and being in the City of Virginia Beach, Virginia: BEGINNING at a point on the northern side of Newtown Road 490 feet East of Diamond. Springs Road at an old bent pipe on the North side of Newtown Road; thence running North. ~ degrees 59' East 38~.1~ feet to a point at the Southwest corner of the property of Pearlie Henry Davis; thence running North 85 degrees West 133.40 feet to a point; thence running South 8 degrees 30' West 387.3 feet to an old pin on the north side of Newtown Road; thence running North 85 degrees West 130 feet to the point of beginning. GPIN: 1468-53-1112 H:\AM\Modificationofproffers\Madison Landing\FirstAmendmentto Proffers.doc PREPARED BY: 6 ,MENU ~~ OS{"~'-~ q L~ ~~ ., ~~ ~, ti~. ~°• W...,.~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -INDOOR RECREATIONAL ADMENDMENTS- An Ordinance to amend Sections 401, 901, 1511 and 1512 of the City Zoning Ordinance pertaining to recreational facilities other than those of an outdoor nature. MEETING DATE: April 26, 2011 ^ Background: Currently, the City Zoning Ordinance allows commercial recreational facilities other than those of an outdoor nature as a conditional use within B-2, B-3, B-3A, B-4C Business Districts and within RT-3 Resort Area District. As evidenced by recent Use Permit requests, there is an increasing trend for smaller (maximum floor area of 7,500 square feet) recreational facilities such as fitness centers, yoga studios and children's gyms. These requests have minimal impact on the retail centers or commercial sites that they locate in. The attached amendment would allow an additional use to the Business and RT-3 Resort Tourist District that would allow indoor recreational facilities such as fitness or martial arts studios as a permitted us if they are less than 7,500 square feet in floor area. The amendments to the Agricultural District and RT-2 Resort Tourist District rename a "commercial recreation facility" to a "recreational facility" for consistency within the Zoning Ordinance. ^ Considerations: Staff recommends approval of the proposed amendment. 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. ^ Attachments: Staff Review Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ ~ pYy~ 12 March 9, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 401, 901, 1511 AND 1512 OF THE CITY ZONING ORDINANCE PERTAINING TO RECREATIONAL FACILITIES OTHER THAN THOSE OF AN OUTDOOR NATURE REQUEST: An Ordinance to amend Section 401, 901, 1511 and 1512 of the City Zoning Ordinance pertaining to recreational facilities other than those of an outdoor nature. SUMMARY OF AMENDMENT Currently, the City Zoning Ordinance allows commercial recreational facilities other than those of an outdoor nature as a conditional use within B-2, B-3, B-3A, B-4C Business Districts and within RT-3 Resort Area District. As evidenced by recent Use Permit requests, there is an increasing trend for smaller (maximum floor area of 7,500 square feet) recreational facilities such as fitness centers, yoga studios and children's gyms. These requests have minimal impact on the retail centers or commercial sites that they locate in. The attached amendment would allow an additional use to the Business and RT-3 Resort Tourist District that would allow indoor recreational facilities such as fitness or martial arts studios as a permitted us if they are less than 7,500 square feet in floor area. The amendments to the Agricultural District and RT-2 Resort Tourist District rename a "commercial recreation facility" to a "recreational facility" for consistency within the Zoning Ordinance. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH -INDOOR RECREATIONAL FACILITIES Agenda Item 12 Page 1 1 AN ORDINANCE TO AMEND SECTIONS 401, 901, 2 1511 AND 1512 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO RECREATIONAL 4 FACILITIES OTHER THAN THOSE OF AN 5 OUTDOOR NATURE 6 City Zoning Ordinance Sections Amended: §§ 401, 7 901, 1511 and 1512 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 401, 901, 1511 and 1512 of the City Zoning Ordinance are hereby 16 amended and reordained to read as follows: 17 18 ARTICLE 4. AGRICULTURAL DISTRICTS 19 20 .... 21 22 Sec. 401. Use regulations. 23 24 (a) Principal and conditional uses. The following chart lists those uses permitted within 25 the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 26 respective agricultural districts shall be permitted as either principal uses indicated 27 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by 28 an "X" shall be prohibited in the respective districts. No uses or structures other 29 than as specified shall be permitted. 30 31 Use A G-1 A G-2 32 33 .... 34 35 Recreation facilities C C 36 other than those of an outdoor 37 nature 38 39 .... 40 41 ARTICLE 9. BUSINESS DISTRICTS 42 43 .... 44 45 Sec. 901. Use regulations. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 8-1 8-1A 8-2 8-3 8-3A 8-4 8-4C 8-4K Recreation facilities other than those of an outdoor natures with a floor area greater than 7,500 square feet Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 square feet X X C C C P C X X X P P P P P X ARTICLE 15. RESORT TOURIST DISTRICTS A. RT-1 RESORT TOURIST DISTRICT B. RT-2 RESORT TOURIST DISTRICT Sec. 1511. Use regulations. (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or conditional uses in combination with any other principal or conditional uses. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Use R T-2 Recreation facilities P other than those of an outdoor nature C. RT-3 RESORT TOURIST DISTRICT Sec. 1521. Use regulations. (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT-3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use R T-3 Recreation facilities C other than those of an outdoor nature1 with a floor area greater than 7,500 square feet Recreational facilities other than P those of an outdoor nature. with a maximum floor area of 7,500 square feet COMMENT These amendments add an additional use to the Business and RT-3 Resort Tourist District that would allow indoor recreational facilities, such as fitness or martial arts studios, as a permitted use if they are less than 7500 square feet in floor area. The amendments to the Agricultural and RT-2 Resort Tourist District rename a commercial recreation facility to a recreational facility for consistency. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: Pan ing APPROVED AS TO LEGAL SUFFICIENCY: n ~ City Attorney's O ice CA11787/R-3/February 9, 2011 Item #12 City of Virginia Beach An Ordinance to Amend Sections 401, 901, 1511, and 1512 of the City Zoning Ordinance pertaining to recreational facilities other than those of an outdoor nature March 9, 2011 CONSENT An ordinance to amend Sections 401, 901, 1511, and 1512 of the City Zoning Ordinance pertaining to recreational facilities other than those of an outdoor nature. SUMMARY OF AMENDMENT Currently, the City Zoning Ordinance allows commercial recreational facilities other than those of an outdoor nature as a conditional use within B-2, B-3, B-3A, B-4C Business Districts and within RT-3 Resort Area District. As evidenced by recent Use Permit requests, there is an increasing trend for smaller (maximum floor area of 7,500 square feet) recreational facilities such as fitness centers, yoga studios and children's gyms. These requests have minimal impact on the retail centers or commercial sites that they locate in. The attached amendment would allow an additional use to the Business and RT-3 Resort Tourist District that would allow indoor recreational facilities such as fitness or martial arts studios as a permitted us if they are less than 7,500 square feet in floor area. The amendments to the Agricultural District and RT-2 Resort Tourist District rename a "commercial recreation facility' to a "recreational facility" for consistency within the Zoning Ordinance. AYE 10 NAY 0 BERNAS ABS 0 ABSENT 1 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 12 for consent. ABSENT Kay Wilson, City Attorney appeared before the Board. Niu~ ~~ f=4 ~ ~~ ((~~ f4l~Ut ~s (%"~ ~.~j v. ~l"' «., xrne"O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -PARKING AMENDMENTS, an Ordinance to amend Sections 203 and 236 of the City Zoning Ordinance pertaining to off-street parking requirements. MEETING DATE: April 26, 2011 ^ Background: The Green Ribbon Implementation Committee developed directives for Staff to research techniques to improve water quality throughout Virginia Beach. Several of these specific directives included: modifying excess parking requirements, setting both minimum and maximum number of parking spaces, facilitating shared and offsite parking, establishing motorcycle and bicycle parking requirements, and increasing the number of compact parking spaces available. Recommendations were developed with input from stakeholders including representatives from the Virginia Beach Chamber of Commerce, the Retail Alliance, the Tidewater Builders Association, Virginia Beach Vision, the Resort Advisory Committee, the Virginia Beach Economic Development Authority and Lynnhaven River NOW. The goal of these amendments is to minimize impervious surfaces in parking lots, reduce stormwater management needs for new projects, decrease heat generated on a site and reduce development costs. The major revisions include the adoption of parking requirements as a set amount of parking, allowing only 50 percent more parking than required. The revisions also include new requirements for motorcycle parking and bicycle spaces for certain uses. The use of parking agreements to encourage shared parking where feasible is encouraged by the proposed amendments. City Council deferred this request, at their February 22, 2011 hearing, to allow time to further refine the wording within the ordinance amendment. Revisions are included in the Ordinance attached. ^ Considerations: Staff recommends approval of these amendments. The amendments are the result of extensive work over the past year with stakeholders and the public, and provide an update to the City's development regulations that reflect a more sustainable approach toward parking. CITY OF VIRGINIA BEACH- PARKING AMENDMENTS Page2of2 There was no opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council. ^ Attachments: Staff Review Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~- .~~_ 1 REVISIONS REQUESTED BY COUNCILMEMBER 2 JAMES L. WOOD 3 4 AN ORDINANCE TO AMEND SECTIONS 203 AND 236 OF 5 THE CITY ZONING ORDINANCE PERTAINING TO OFF- 6 STREET PARKING REQUIREMENTS 7 8 Sections Amended: §§ 203 and 236 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 203 and 236 of the City Zoning Ordinance are hereby amended 17 and ordained to read as follows: 18 19 Article 2. General Requirements and Procedures Applicable to All Districts 20 21 A. Regulations Relating to Lots, Yards, Heights, Off-Street Parking and Off- 22 Street Loading 23 24 .... 25 26 Sec. 203. Off-street parking requirements. 27 28 (a) The following specified uses shall comply with the off-street parking requirements 29 designated therefore: 30 31 (1) Animal hospitals, business studios, eleemosynary and philanthropic 32 institutions, veterinary establishments, commercial kennels, animal 33 pounds and shelters, wholesaling and distribution operations, #ina~ial 34 ine+i+~ ~+inne n}hcr +h~n h~nLe• laboratories other than medical, passenger 35 transportation terminals and broadcasting studios: °+1°°c+ ^^° One space 36 per four hundred (400) square feet of floor area; 37 A~ ~`di+~ri~ iw+c eem i h~lla •~nrd ~ ~ninn h~+ll~• ~mrv~~rni~+l ronro.+fin 39 fasil+ties Assembly uses, except religious uses: e+ lo,~+ nno One space 40 per one hundred (100) square feet of floor area or at least one space per 41 five (5) fixed seats, whichever is greater; 42 43 (3) Banks, credit unions, savings and loans, °~„~^~r ~.,,^" fi^°^r•i°' 44 ir+c•+i+~t,~s: °+ ~°^~+ ^^° One space per two hundred seventy (270) AAe 45 h, ,.,,+r°r! fi.~°r,+~i_fi~i° ~~ ~~~ square feet of floor area; 46 47 (4) Botanical and zoological gardens: At~~-ene One space per ten 48 thousand (10,000) square feet of lot area; 49 50 (5) Bowling alleys: A~-le,~st Three 3 f+~f2-(5-} spaces per alley; 51 52 (6) Child care centers and child care education centers: °+ '°°c+ ^^° One 53 space per three hundred (300) square feet of floor area; 54 55 ~'~,~- -Re~e~ed- 56 57 ~-{~ College or university: As ecified by the Conditional Use Permit A~-least s p 58 ,}} ,,..,, k ~n +h° rv,~ir~ ~~ ~.+i+nri~ ~.v, nr fi~i° /C.\ c~r.~n ~ n~ °Y fi„~~ ~° ~ aC$ , ~ c p ~ CQtS 59 ^I~carnnm ~~ihinh°~i°r ic• ^r°~+°r• > > 60 61 ~ Commercial recreation facility-indoor: One space per two hundred (200) 62 square feet of floor area; 63 64 ~ Commercial recreation facility-outdoor: As specified by the Conditional 65 Use Permit; 66 67 (9) Country inns: °+ '°~°+ ^^° One space per room provided for lodging 68 transients; 69 70 (10) Drive-in eating and drinking establishments: °r~ ^~~„~ One space per 71 fifty (50) square feet of floor area; 72 73 (11) Dwellings, single-family, semidetached, duplex and attached: °+ ~°,~+ +,.,^ 74 Two (2) spaces per dwelling unit; 75 76 (12) Dwellings, multifamily: e+ ~°~~+ fi.,^ Two (2) spaces per dwelling unit for 77 the first fifty (50) units located on a zoning lot and a~-least one and three 78 quarters (1 3/4) spaces per dwelling unit for all units in excess of fifty (50) 79 units; 80 81 (13) Reserved. 82 2 83 (14) Eating and drinking establishments accessory to a hotel: °+1°°c} ^^° One 84 ~ space for each three hundred (300) square feet of floor area in dining 85 area; 86 87 (15) Fraternity or sorority house, student dormitory: °+'°°c+ ^^° One space per 88 two (2) lodging units or one space per three (3) occupants, whichever is 89 greater; 90 91 (16) Furniture or appliance stores, machinery equipment, automotive and boat 92 sales and service: °+1°°°+ ^^° One space per nine hundred (900) square 93 feet of floor area; 94 95 (17) Golf courses: °+1°°c+ f,,,° Five (5) spaces per hole in the main course; 96 97 (18) Greenhouses and plant nurseries: °+ '°°°+ ^^° One space per one 98 thousand (1,000) square feet of selling area; 99 100 (19) Hospitals: °+1°°c} *~•~^ Two and one-half (2.5) spaces per patient bed; 101 102 (20) Lodging units: °+1°°°+ ^^° One space per lodging unit; 103 104 2( 0.1) Medical offices: One space per two hundred seventy (270) square feet of 105 floor area; 106 107 (21) Meeting rooms and convention hall facilities accessory to a hotel: °+rcr~c°~i 108 eye One space per twenty (20) seating capacity; 109 110 (22) Museums and art galleries: "'^+ ~°~~ }hen +°~ Ten (10) spaces and one 111 additional space for each three hundred (300) square feet of floor area or 112 fraction thereof in excess of one thousand (1,000) square feet; 113 114 (23) Nurses homes and similar housing for institutional employees: °+~-Masi 115 a~-e-One space per four (4) occupants; 116 117 (24) Offices: e+ ~°~~+ ^~° One space per three hundred thirty (330) twe 118 #~r~~ °°~~°^+~~ ~'"^` square feet of floor area, except for call centers 119 which are allowed one space per one hundred and fifty (150) square feet 120 of floor area: 121 3 122 (25) Personal service establishments: °+1°°°+ ^^° One space per two hundred 123 fifty (250) ~~A9~ square feet of floor area; 124 125 (26) Drin+inn ~nrl n~ ~hliehin~~t lic•hr"'rreF~S~ct~ ~c+ nno ~n~^o ~~_t-vr~c Y 126 127 128 (27) Private clubs and lodges, social centers, athletic clubs 129 : °+ ~o^~+ ^ne One space per 130 one hundred (100) square feet of floor area; 131 132 (28) Public buildings and funeral homes: °+ '°°c+ ^^° One space per five 133 hundred (500) square feet of floor area; 134 135 (28.1 ) Religious uses: ° ~e~-~,~ One space per five (5) seats or bench seating 136 space in the main auditorium; 137 138 (29) Retail establishments, including beverage manufacturing shops, flea 139 markets, ronoir oc+ohlichmor,+c nl~~mhin~r ~nrl hc7+inn oc+~hlichmcn+e ~nr) 140 ~~i-EEC-p°+c~ruu'rrt.~7ihrmrt~#~~crt n n~nT °.ru'r.°7E,n,i^o ee+~^+hlic~hTm .CY1+.~7r: ftt 141 ~°l°~~ +~c One space per two hundred fifty (250) f2A8} square feet of floor 142 area; 143 144 (30) Restaurants other than drive-in eating and drinking establishments: ~ 145 ~°~,~ +~„~ One space per one hundred (100) square feet of floor area, and 146 one space per one hundred (100) square feet of additional area 147 encompassed by decks, patios and other areas in which seating is 148 provided and food or beverages are consumed; 149 150 (31) Sanitariums: ° ~~~„~ One space per four (4) patient beds; 151 152 (32) Service or repair establishments, motion picture studios, utility 153 installations, manufacturing, industrial, processing, packaging, fabricating, 154 research or testing labs, warehouse establishments, printing, publishing, 155 and plumbing and heating establishments: °+ '°°c+ ^^° One space per 156 employee on maximum working shift; 157 158 159 }w N~inec~c~cc~ ~nr! ~^^~+~w v^ ~viiii~~ ~^+ fi„c ~~,~ +^ +on /'I (1\ •+^roc• in 160 s~e~^" h._..,e ., +^+..i ^+: 161 4 162 ~ (lnc cnonc ncr fi~,n h~ ~n,+rcrJ /~nn~ ~~ ~~rc fco~f flnnr ~ro~ of a~a~~uvc~crcvrv-rra~rtarcu~~- v v / uurc-rcc r-rTV Vrarcc~vr 163 III i ~ccc cvncn+ rcc+~~ iron+~ rclin ins ~~ ~ iccc ~n.•I +hc~+c rc• i e 164 165 166 r~Jt"~~ on-m'ra~ncut~.5 nnn„n.,inn in onnr A~~ ~~^~r9~ 167 /~n~2fCon+~~~~t~tal fly; ~ Winn 168 169 170 n (lnc cno~nc~n~yT~~ .,c /7~` cna~o fcc+ of flnnr orco of ~°~Q 171 roc+~~ iron+c in ounce c +hcrcnf• ~nrl 0 172 173 ~• (lnc cnonc ncr nnc h~ ~n,dr ~orc fcc+ of flnnr orc•+ 174 of +hc~+crc in cvnccc +hcrcnf• 175 176 /ii~_~,~pnn~np~i~s-voni me +hon pj~+ /Q\ inrdi"i,di ~nl ~ ~ccc nr 177 h~ icinccccc nn,d Irmo+crl nn o ~nninn In+ +"c'ny"/'I n\ +n +hir+., /Qn\ cnrcc 178 i~T` ch.+ll h.+.,c .+ +n+~+1 nf: 179 180 ~~(l~.rnr ~•lrc,•) /~nn~ cn~ inrc foot of flnnr ~+rc~+ of 181 III ~ iccc cvncn+ roc+~~ pro n+c rclinin~ is i ~ccc onrl +hco+c rc• i s 182 183 ch~~n ,~ro.~ /~nn~ cn~ ~.+rc fcc+ of flnnr •+rc.+ of cn+c onrl +h n "inn' in +hc oa~nr~n~o+c' fen 4 ~es~a~ P~P`~S Q -,,,--~,-«JJ crcc-ccrr 185 ~~6~~~pgg of +~~z~9AFaf2& ~ h e c h n n n i n n 186 n 187 188 ~-~n~-r~~$,~~h~~"cn+" fi"c /7~\ ~p~uuT°czccc-vi fln-rtwTaT°ccrvT 189 rcc+•+~irr+n+c irnrcnn~oZrhr°~-rr~f~~~T-arrv'~ "`7 190 191 gf~~~--SFa~ /~ nn~ cn~ ~~+rc fcc+ of flnnr r+rc 192 of +hco+crc in cvnccc +hcrcnf• 193 194 {{}}~-~~~-~ Q~~~°--rr-~~ne{~ inin~_imnrc +h~+n cinh+ /Q\ inrli~,i,d~ ~~+I ~ ~ c nr 195 h~ ~cinccccc on,•) Inno+c,+ nn n ~nninn In+ nrc•+for +h.+n +hir+" /4n1 196 onrcc in ci7c ch.~ll h~+"c ~+ +n+.+I nf• ems„-r~~~n - - ~„~ 197 198 199 0ll ~ ~ccc cvncn+ rcc+~~ iron+c rclinin~ ~c ~ ~ccc .+...J ~4..-...+..r,.• 200 5 'L01 ~i (lno cn,~p r fi~,n h~ ~nrlro~C`,~~ i~TC + of flnnr ~rc~nQfr '- `' ` ' ~ '`7 202 n . , i ng ~~~~;~~~+e f~~ ~est~a~s aid-t~f~eafe~~ ~ 203 204 noG;T 205 206 ~p~p~sc.,cn+., fi.,o /7~.\ ~n~ ~~rc fcc+ of flnnr nre~nvfr ` ' 207 rec+~~ iron+ ~ in ovno~~ +hcronf• ~nr1 e 208 209 ~. (lnc cn~nc n~r~_h~~T ~ ~~ro foo+ of flnnr r+ro~+ 21 0 of +hoo+o re in ovnoee +horonf• 211 212 y~~p/yy~~~~ ^..~~,..~ ~h ~• +h~ /I~i'1'~etiYY 1lI T~~Q~~ITe~e'f'e~ .,IN In nc_ITT GI-f~.. eY nGT~G-~elQf 213 ~r~g~eg~er~er~e#~o i n~ i„i,-! ~ ~ ~ ~ „~o~ ,.,ice r~nnn~,; ;~veni~ 4 ~ ~r ~r~+ +n /i\ nr /ii\ her in hnvo +h~ +s~4ess~#ae-~a#~e~u~ed~se~o e~Ta~-R,.. 215 Icc c or rcn~ ~ircmon+ chill ~nnh,• 216 217 //.~,n,-~Pf~}s~-L~w~}Qfie,i~i~nrlinn +h~ ran 218 ~e~~E~CYtt~~~-ciTY'Fte~~rrcrhi~TmrCFC-rtr ° i ~ fi.,c h ~ ~ nrl rcQ 219 , 220 aid-e~e~°~4 ~p no +h~s ~e~e 221 g~e~s-leas a#te--a~ea~~,~.~ n~~'°G-7'imjTV n~~ .~,i+hin +hn 222 , 223 224 ~ Tho ~~ inn n~°r~_er,+ir , ~ ~~~ ni~,+r R '~ R '2 GafT~J ~ GTTIT v+~T LT YQ~O~.Tj 225 e~-~-~~ 226 227 ~_ ~h~~f6S~s-ieaSahlo ~ro~ +n .~,hinh +hic con+inn ~+r+r+lioc~ m~~ + 'Z `L$ or ho III nn +h~s nne nnn+ir~~ ini ~ 229 ; 230 231 n The ehnnr,inn nonfor m~ ~o+ ho c~on,orl h., m~+c~c~ +r•+r, c+i+ ~..-rr...~ --..._. ...........,., ...,...~,,. .,~ .......,., ............ 232 233 ~ Shopping centers containing at least one (1) acre or more than four (4) 234 tenants: One space per two hundred fifty (250) square feet of floor area 235 provided that in shopping centers where restaurants with seating for fiftv 236 (50) or more patrons comprise fiftv percent (50%) or more of the total floor 237 area, parkins shall be one (1) space per one hundred (100) square feet of 238 floor area; 239 6 240 (34) Vocational, technical, industrial and trade schools: One space per two (2) 241 seats of designated classroom space or as specified by the Conditional 242 Use Permit e+ ~°,~+ ~,., ia~ ~.,~^°~ .,°r ^~~~~r^^.,.,~ 243 244 (35) Uses permitted pursuant to a conditional use permit shall comply with the 245 off-street parking requirement specified in the conditional use permit; 246 provided, however, that if no such requirement is specified therein, the 247 applicable requirement shall be as set forth in this section. 248 249 (b) General standards. The following requirements shall apply to all off-street parking 250 spaces: 251 252 (1) Any off-street parking space! - ~^^'~~^'~^^ °^°^°° ^r^,,;,+°,+ °"^„° +"° 253 minir„i ~m r°^...r°,+, shall have minimum dimensions of eight and one half 254 (8 '/z) ^',-„~°; feet by eighteen (18) feet, and a maximum dimension of 255 nine (9) feet by eighteen (18) feet unless otherwise permitted under 256 section 203 (3) below! except that in parking garages and parking 257 structures, minimum dimensions shall be eight (8) feet, nine (9) inches by 258 eighteen (18) feet and minimum dimensions for all parallel parking spaces 259 shall be nine (9) feet by twenty-two (22) feet. Where the width of a 260 parking space abuts a street frontage landscaping strip or interior 261 landscaped areas, the length of the parking space may be reduced by one 262 and one-half (1.5) feet; 263 264 (2) In any parking structure or parking garage with greater than twenty five 265 (25) spaces, the Planning Director may allow a maximum of~we--E2-} 266 t thirty percent 3~ 0%) of the total number of spaces within a parking 267 garage or structure to be compact car spaces if he finds that (i) the 268 unusual shape, size, configuration or other building condition of the 269 parking structure or parking garage precludes the efficient layout of 270 parking spaces meeting the dimensional requirements of this section, thus 271 resulting in residual space within such parking structure or parking garage; 272 and (ii) the use of compact car spaces would not substantially reduce the 273 overall safety, ease of ingress and egress, or efficiency of the layout of 274 parking spaces; 275 276 (3) Within a parking lot not serving a use in the apartment or residential 277 districts and larger than twenty five (25) spaces, a maximum of thirty 278 +~~~°^+~~ f;,,° ~'~` percent 30% of the spaces provided may be designated 279 for compact cars, provided that (i) the minimum dimensions shall be eight 7 280 (8) by seventeen (17) feet for regular compact car spaces or eight (8) by 281 twenty (20) feet for parallel compact car spaces and (ii) all such compact 282 car spaces shall be clearly marked with the wording "Compact Cars Only." 283 'L84 ?~rir~~ ~~~~}~h~ loran}h of }ho n~rLinn c r»nc m~~i he 285 ; 286 287 (4) Each space shall be unobstructed, have access to a street and be so 288 arranged that any automobile may be moved without moving another, 289 except in the case of parking for one- and two-family dwellings and in the 290 case of parking for employees on the premises. In parking garages and 291 parking structures, structural encroachments into a maximum of thirty (30) 292 percent of the spaces may protrude into the front portion of a parking 293 space not more than one (1) foot as measured perpendicularly to the drive 294 aisle; 295 296 ~ Within a parking lot, parkinggaraqe, or parking structure not serving a use 297 in the apartment or residential districts, one (1) space per every thirty (30) 298 spaces shall be designated motorcycle spaces to accommodate 299 motorcycles, motor scooters, or other licensed vehicles, with dimensions 300 of four (4) by eight (8) feet and shall be clearly marked as motorcycle 301 spaces; 302 303 (5) Parking surfaces shall be constructed of concrete, asphalt or other 304 suitable material approved by the Planning Director. nn ~,,,^°~ °h~ll 305 306 , 307 r»rl~rf~?~hi~ll ho r,rn~iirlorl ~nrl rr»in}~inorl ~~ii+h ~n III ~eie~+hor 308 °~~~ Where parking areas are illuminated, all sources of illumination 309 shall be so shielded as to prevent any direct reflection toward adjacent 310 premises in residential, apartment, or hotel districts; 311 312 (6) Parking areas for three (3) or more automobiles shall have individual 313 spaces marked, except in the case of parking for one- and two-family 314 detached dwellings, and spaces shall be so arranged that no maneuvering 315 directly incidental to entering or leaving a parking space shall be on any 316 public street, alley, or walkway; and 317 318 (7) Minimum aisle width required for parking areas shall be according to the 319 following table: 8 320 321 322 TABLE INSET: Parking Angle (in degrees) Aisle Width (in feet) 0--44 12 45--59 13.5 60--69 18.5 70--79 19.5 80--89 21 90 22 323 324 325 In addition, in any parking garage or parking structure a drive aisle 326 adjacent to a parking space which is less than nine (9) feet by eighteen 327 (18) feet shall be at least twenty-three (23) feet in width. Aisle width shall 328 not exceed twenty four (24) feet unless required for emergency access or 329 off street loading per Section 204. Only areas necessary for parking and 330 safe vehicular maneuvering shall be impervious; 331 332 ~ In the business, apartment and office districts the number of off street 333 parking spaces shall not exceed the required number by more than fifty 334 percent (50%). Fractions shall be rounded up to the closest whole 335 number. Such maximum parking requirements shall not apply to uses in 336 the business, apartment or office districts whose off-street parking 337 requirements are allocated within a parking structure; 338 339 ~ The Planning Director may authorize additional parking spaces above the 340 maximum for uses in the business, apartment and office districts. provided 341 that all of the following conditions are met: 342 343 ~ Justification submitted by the applicant for the number of parking 344 spaces proposed based upon estimates of parking demands in 345 accordance with the Institute of Transportation Engineers parking 346 data or other industry specific data or operation specific data. The 347 justification shall document the source of data used to develop the 348 number of parking spaces proposed; 349 350 ii The applicant demonstrates that no other parking alternatives exist 351 including, but not limited to: shared parking opportunities with 352 neighboring properties or businesses, public transit within one 353 quarter (1/4) of a mile, carpooling, public structured parking within 354 one thousand (1,000) feet, staggered work shifts/hours of operation 355 and telecommuting opportunities; and 356 357 iii Parking spaces above the maximum shall be constructed with a 358 permeable paving system, as described in the City of Virginia 359 Beach Landscaping Guide as revised, or stormwater runoff from 360 those parking spaces above the maximum or the equivalent runoff 361 from an equal area of impervious cover elsewhere on the site shall 362 drain directly to a stormwater management facility that provides a 363 reduction in runoff for the site. stormwater runoff as described 364 above shall be equal to the volume produced by one (1) inch of rain 365 on the impervious area. 366 367 Applications must be reviewed and approved or denied within five (5) 368 working days of the submittal of a complete request. Any completed 369 request not approved or denied within five (5) working days shall be 370 deemed approved. 371 372 ~ Parking, including for bicycles, may be shared among two (2) or more 373 uses that typically experience peak parking demands at different times 374 and are located on the same parcel or on separate parcels at a distance 375 no greater than five hundred (500) feet. 376 377 ~ For two (2) or more uses on the same parcel, the total number of 378 minimum required spaces may be reduced by the use of shared parking_ 379 To qualify for shared parking, a current parking study shall be submitted to 380 the zoning administrator, who shall determine the final shared parking 381 ratio. A ten (10) year shared parking agreement in a form approved b 382 city attorney shall be recorded with the clerk of the circuit court; 383 384 ii For two (2) or more uses on separate parcels within five hundred 385 (500) feet of the main pedestrian entry to a building, the total number of 386 required spaces may be reduced by the use of shared parking. To qualify 387 for shared parking, a current parking study shall be submitted to the 388 zoning administrator, who shall determine the final shared parking ratio 389 under the following conditions: 390 391 ~ A ten (10) year shared parking agreement in a form 392 approved by the city attorney shall be recorded with the clerk of the 10 393 circuit court, which shall maintain the designated number of parking 394 spaces; and 395 396 ~ Pedestrian access shall be provided from the off-site parking 397 to the user, and shall be designated on the submitted site plan, 398 subject to the approval of the zoning administrator; and 399 400 ~ Shared parking on both sites will not be detrimental to the 401 sites or surrounding_properties; and 402 403 404 ~ No parking required by a use may be used as off-site 405 parking for another use, unless approved by the zoning 406 administrator in accordance with this section. 407 408 ~ The minimum required parking may be reduced upon the submittal of a 409 parking study to the zoning administrator that indicates a substantial 410 number of patrons of the use are pedestrian or arrive by means of public 411 transportation or by bicycle. The zoning administrator shall determine the 412 final parkins ratio or reduction in the minimum required parking. 413 414 ~ All development in the apartment, office or business districts reauirinq 415 twenty five (25) or more parking spaces shall have a minimum of five (5) 416 bicycle spaces within two hundred (200) yards of the building, in a visible 417 area. Each additional fifty (50) parking spaces above the first twenty five 418 (25) shall require one (1) additional bicycle space. 419 420 ~ Bicycle spaces shall be required as follows in all districts for the following 421 uses: 422 423 424 425 426 Use Bicycle Parking Requirement Primary or Secondary School Equal to five percent (5%) of the all building staff and students above Grade three (3) level College or University instructional Equal to six percent (6%) of the classroom building capacity of each building, or the amount 11 required by Section 203 b (12), whichever is rq eater Dormitories or Residence Halls One (1) space per three (3) students, or the amount required by Section 203 b (12), whichever is greater Public Transit Station Thirty five percent (35%) of the required number of automobile parking spaces or a minimum of twenty (20), whichever is greater, or the amount required by Section 203 b (12), whichever is greater Recreation Centers, Community Twelve percent (12%) of the required number Centers, Fitness Centers, etc. (public or of automobile parking spaces, or the amount rivate required by Section 203 b (12), whichever is rq eater Parks and ball fields Minimum of ten (10) spaces, or the amount required by Section 203 b (12), whichever is rq eater 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 For parking lots with three hundred (300) spaces or more, at least fifty percent (50%) of the required bicycle spaces shall be indoors or covered in accordance with the City of Virginia Beach Landscaping Guide, with the exception of parks and ball fields. (c) Parking for Accessory Uses. Unless otherwise specified in the district regulations, accessory uses shall conform to the parking requirements applicable to such uses, which requirements shall be in addition to any parking required of the principal use. B. Conditional Uses and Structures Sec. 236. Marinas, commercial, noncommercial and community boat docks. 12 446 (a) Location and site requirements. Commercial marinas, noncommercial marinas 447 and community boat docks shall be so located as to be accessible from major roads 448 without creating traffic congestion on minor streets through residential, apartment or 449 hotel districts. 450 451 (b) Parking requirements. 0.50 er~off-street parking space per boat 452 slip shall be required, provided that where wheel launching ramps adjoin the parking 453 area, the parking spaces all have a minimum dimension of twelve (12) feet by forty (40) 454 feet. Where appropriate and conditions warrant, city council may modify the number of 455 required parking spaces. 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 COMMENT These amendments to the City's vehicular parking requirements are intended to decrease the amount of impervious surface used for parking areas in accordance with the recommendations of the Green Ribbon Committee. The major revisions include the adoption of parking requirements as a set amount of parking, allowing only 50% more parking than required. The Planning Director can modify this amount with certain justifications. (Lines 339-365) The Planning Director must do so within 5 working days. (Lines 367-370) Call centers have been added as a use that is allowed one parking space per 150 square feet of floor area. (Lines 118-120) There is also a requirement for bicycle parking for certain uses. (Lines 426-428) Parking agreements for shared parking are also encouraged. (Lines 377-406) Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT Pla Wing Department CA-11350/R-14/April 12, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ ~ ~ j~ r City Attorney's Office 13 Item #8 & 9 City of Virginia Beach Amendment to Sections 203 and 236 -Parking Amendment to Landscaping Guide January 12, 2011 APPROVED SUMMARY OF AMENDMENT (Item 8) The Green Ribbon Implementation Committee developed directives for Staff to research techniques to improve water quality throughout Virginia Beach. Several of these specific directives included: modifying excess parking requirements, setting both minimum and maximum number of parking spaces, facilitating shared and offsite parking, establishing motorcycle and bicycle parking requirements, and increasing the number of compact parking spaces available. Recommendations were developed with input from stakeholders including representatives from the Virginia Beach Chamber of Commerce, the Retail Alliance, the Tidewater Builders Association, Virginia Beach Vision, the Resort Advisory Committee, the Virginia Beach Economic Development Authority and Lynnhaven River NOW. The goal of these amendments is to minimize impervious surfaces in parking lots, reduce stormwater management needs for new projects, decrease heat generated on a site and reduce development costs. The major revisions include the adoption of limits to parking to as a set amount of parking, allowing 50 percent more parking than the minimum required. The revisions also include new requirements for motorcycle parking and bicycle spaces for certain uses. The use of parking agreements to encourage shared parking where feasible is encouraged by the proposed amendments. RECOMMENDATION (Item 8) Staff recommends approval of these amendments. The amendments are the result of extensive work over the past year with stakeholders and the public, and provide an update to the City's development regulations that reflect a more sustainable approach toward parking. SUMMARY OF AMENDMENT (Item 9) The proposed amendments to the off-street parking regulations provided in Sections 203 of the City Zoning Ordinance include requirements for bicycle parking and permeable paving systems. Specifically, amendments refer in Sections 203(b)(9) to the use of permeable paving systems and in Section 203(b)(14) to covering of bicycle spaces. In both instances, the amendments direct the reader to the Landscaping Guide of the City of Virginia Beach for detailed guidance regarding the type of permeable paving systems and bicycle space shelters that are acceptable. Amendments to the Landscaping Guide, therefore, are needed to provide such guidance, and are attached to this report. RECOMMENDATION (Item 9) Approval of the amendments to the Landscaping Guide is recommended. The amendments do not change any of the current guidance in the Landscaping Guide regarding landscape plantings or screening. The purpose is only to provide new guidance for acceptable permeable paving systems and covered bicycle parking referenced in the proposed amendments regulating off-street parking. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE Item #8 & 9 City of Virginia Beach -Parking and Landscape Guide Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved items 8 & 9, on item 8 with the removal of "Parking Garage in the block" on line 417 of the amendment. Item 9 approved as submitted. Carolyn Smith presented this item before the Board. Robert Miller and Eddie Bourdon spoke in support of the amendment. L~ ~~ ~l`w~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -BIKEWAYS AND TRAILS PLAN - An Ordinance to amend the Comprehensive Plan by adopting the Bikeways and Trails Plan, February 15, 2011, and revising the Policy Document. MEETING DATE: April 26, 2011 ^ Background: Early in 2010, the City began a public process to update the City of Virginia Beach Bikeways and Trails Plan. The public process included numerous community-wide surveys and meetings with stakeholders, residents and various City Departments. This participation led to a comprehensive list of goals and tasks for the plan. This ordinance amends the Comprehensive Plan by adoption of the Bikeways and Trails Plan, February 15, 2011. The current provisions of the Plan pertaining to bikeways and trails are revised to reflect the adoption and relevant provisions of the Bikeways and Trails Plan, February 15, 2011. ^ Considerations: The Bikeways and Trails Plan reflects the community's needs and desires, provides an inventory of existing and proposed bike and pedestrian facilities as well as guidance for engineering/facilities, education, enforcement, encouragement and evaluation/planning activities. In addition, this plan serves as a framework for identifying and selecting bike/pedestrian projects in the Capital Improvements Program. Staff recommends adoption of the proposed Bikeways and Trails Plan, February 15, 2011. 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. ^ Attachments: Staff Review Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~, , 14 March 9, 2011 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN -BIKEWAYS AND TRAILS PLAN REQUEST: An Ordinance to amend the Comprehensive Plan by adopting the Bikeways and Trails Plan, February 15, 2011. SUMMARY OF AMENDMENT Early in 2010, the City began a public process to update the City of Virginia Beach Bikeways and Trails Plan. The public process included numerous community-wide surveys and meetings with stakeholders, residents and various City Departments. This participation led to a comprehensive list of goals and tasks for the plan. This ordinance amends the Comprehensive Plan by adoption of the Bikeways and Trails Plan, February 15, 2011. The current provisions of the Plan pertaining to bikeways and trails are revised to reflect the adoption and relevant provisions of the Bikeways and Trails Plan, February 15, 2011. RECOMMENDATION The Bikeways and Trails Plan reflects the community's needs and desires, provides an inventory of existing and proposed bike and pedestrian facilities as well as guidance for engineering/facilities, education, enforcement, encouragement and evaluation/planning activities. In addition, this plan serves as a framework for identifying and selecting bike/pedestrian projects in the Capital Improvements Program. Staff recommends adoption of the proposed Bikeways and Trails Plan, February 15, 2011. CITY OF VIRGINIA BEACH -BIKEWAYS AND.TRAILS PLAN Agenda Item 14 Page 1 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING THE BIKEWAYS AND TRAILS PLAN, 3 FEBRUARY 15, 2011 AND REVISING THE POLICY 4 DOCUMENT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; and 8 9 WHEREAS, the Bikeways and Trails Plan, February 15, 2011 has been revised 10 in accordance with the attached letter of March 9, 2011 titled "Revisions to the Bikeways 11 and Trails Plan, February 15, 2011." 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 17 amended and reordained by: 18 19 1. The adoption of the Bikeways and Trails Plan, February 15, 2011 with the 20 attached revisions. Such documents are made a part hereof, having been exhibited to 21 the City Council and are on file in the Department of Planning; and 22 23 2 The revision of the Policy Document, pertaining to bikeways and trails, as 24 shown on the attached document entitled "Revisions to 2009 Comprehensive Plan 25 Policy Document Chapter 6: Master Transportation Plan City of Virginia Beach 26 Bikeways and Trails Plan" Such document is made a part hereof, having been 27 exhibited to the City Council and is on file in the Department of Planning. 28 29 COMMENT 30 31 The ordinance amends the Comprehensive Plan by the adoption of the Bikeways and Trails 32 Plan, February 15, 2011, and the attached revisions of March 9, 2011. The current provisions of 33 the Plan pertaining to bikeways and trails are revised to reflect the adoption and relevant 34 provisions of the Bikeways and Trails Plan, February 15, 2011. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this 37 day of , 2011. APP~t VEp S TO CONTENT: APPRO ED AS TO LE L SUFFICIE . CY: ~~ ~ ~G ~~~ pla' nin Departmen City Attorney's Office CA11791 V R-5/March 9, 2011 T"~ Y?~,~ t`ry~~^~•~1 4" ; ~,e ~ - ~ ~ ~- ~ ~~; ~,; ,~, ~"- c ,` _. ~,_, .". ar ~.: v? ax rv .'S'- g, " v t f, e..*, ? r yG ~ ~* r °Lr yfx y~iS ~~G va~~'~ .s 0 ~..i pF OUR NAS~O,~''~ DEPARTMENT OF PARKS AND RECREATION PLANNfNG, DESIGN, & DEVELOPMENT DIVISION (757) 385-t 100 FAX (757)385-1130 TTY: 711 VIRC,INIA RELAY March 9, 2011 Joseph E. Strange, Chair Planning Commission Members 2405 Courthouse Drive, Bldg. 2 Virginia Beach, VA 23456 MUNICIPAL CENTER BUILDING 21 2408 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9016 Subject: Revisions to the Bikeways and Trails Plan, February 15, 2011 Dear Mr. Strange and Members of the Planning Commission: Staff continues to review the Final Draft of the Bikeways and Trails Plan, dated February 15, 2011. Please accept these revisions to the document. 1. Pages EX-8 & 6-24: remove the proposed on-road bike facilities along Ferrell Parkway from Pleasant Valley Road to Princess Anne Road. 2. Page 1-7: add "Public involvement processes" as a bulleted item at the bottom of the page. 3. Pages 6-23 to 6-25 and 6-30: add yellow corridors that represent the "primary bike commuter network" along these roadways: a. Virginia Beach Boulevard from Rosemont Road to the oceanfront b. Independence Boulevard from Lynnhaven Parkway to Princess Anne Road c. Pleasant Valley Road from Ferrell Parkway to Lynnhaven Parkway d. Lynnhaven Parkway from Pleasant Valley Road to Rosemont Road e. Centerville Turnpike from Indian River Road to Kempsvilie Road f. Birdneck Road from General Booth Boulevard to Norfolk Avenue 4. Pages 6-24 and 6-30: delete the yellow corridor along Ferrell Parkway from Pleasant Valley Road to Princess Anne Road. 5. Page 6-31: in the legend, reverse the labels for "primary bike commuter network" and "proposed transit corridor with shared-use path" 6. Appendix B: delete "inventory of from the name of the appendix. ~~ ~~ ~~~>~a~-ice ~3~ac~ Planning Commission Revisions to the Bikeways and Trails Plan, February 15, 2011 March 9, 2011 Page 2 7. Appendix F, page F-2, first paragraph, fifth fine: change "engineering" to "facilities". 8. Appendix F, page F-2, add at the end of the first paragraph: "Staff must review each of the items which follow to examine alternatives; weigh costs versus benefits; outline funding streams and operational responsibilities; and develop consensuses on solutions which are effective, practicable and feasible." 9. Appendix J, after page J-14: add Council resolution #59146, dated August 25, 2009, entitled, "Resolution Supporting On-Road Bicycle Accommodations". Thank you for your kind consideration of this update. We look forward to working with you towards a "Community for a Lifetime". Sincerely, Wayne .Wilcox, LA Senior Planner WTWIww c: Karen Prochillo, Department of Planning Revisions to 2009 Comprehensive Plan Policy Document ~ ~ Chapter 6: Master Transportation Plan City of Virginia Beach Bikeways and Trails Plan Revised map removes and adds the following changes for bike routes and the map legend: 1. Existing -Kempsville Road from Providence Road to the city line with Chesapeake, 2. Existing -Princess Anne Road from Dam Neck Road to Winterberry Lane, 3. Existing -General Booth Boulevard from Nimmo Parkway to Dam Neck Road, 4. Existing - Birdneck Road from General Booth Boulevard to Norfolk Avenue, 5. Existing - Oceana Boulevard from First Colonial Road to General Booth Boulevard, 6. Existing -Atlantic Avenue from 37`h Street to Ft. Story, 7. Existing -Shore Drive from First Landing to Starfish Road, 8. Existing -Shore Drive from Marlin Bay Drive to Treasure Island Drive, 9. Existing -Diamond Springs Road from Northampton Boulevard to Newtown Road, 10. Existing -Kempsville Road from Providence Road to city line with Chesapeake, 1 l . Existing -North Witchduck from Virginia Beach Boulevard to just before Independence Boulevard, 12. Existing -Dam Neck Road from General Booth Boulevard to CDSA Dam Neck Naval base, 13. Existing -Rosemont Road from Holland Road to Lynnhaven Parkway, 14. Existing -Great Neck from Shore drive to Virginia Beach Boulevard. 1. Proposed -Ferrell Parkway to Princess Anne Road, 2. Proposed -Princess Anne Road from Ferrell Parkway to Dam Neck Road, 3. Proposed -Shore Drive from Atlantic Avenue to Fort Story west entrance, 4. Proposed -Diamond Springs Road from Shore Drive to Northampton Boulevard, 5. Proposed -Newtown Road from Diamond Springs Road to Baker Road, 6. Proposed -Centerville Turnpike from Indian River Road to Kempsville Road, 7. Proposed -Indian River Road from Ferrell Parkway to city line with Chesapeake. 8. Proposed -Proposed Nimmo Parkway from Princess Anne Road to General Booth Boulevard. 1. Deleted showing an existing bikeway route for Witchduck Road between I-264 and Virginia Beach Boulevard, 2. Deleted showing an existing bikeway route for First Colonial Road between Laskin Road and Virginia Beach Boulevard, 3. Deleted showing an existing bikeway route for Princess Anne Road from Winterberry Court to proposed Nimmo Parkway, 4. Deleted future commuter bikeway route for Baker Road, 1. Added the Oceanfront as an employment center. (Page 6-18, Policy Document replace with revised map) 1. Revised the legend from "Future Commuter Route" to "Future Commuter Bike Route" 2. Revised the legend from "Existing " to "Existing Bike Route" 3. Revised the legend from "Potential Light Rail Extension" to "Potential Transit Extension". _~ _`.~_.._, `~. 1 ~ ~ +t I 1'~.. IND E I _ Ctt of NeROIk Che~a`peake Ba'y +.1J. '~~ ~` .ONIAL ~ ~~ g \REA ~. OCEANYRONT Y •~ ~ ~.` w. 1 ... ~ hhaM Rlr ..__. ~.. ~.: - ~ - E T R ® Bu TravYr9Yirn /~ ~~ ~ _.- j LYNA~A% 1 _ I ~4yyn RYl lwnln v ~~ OCEANA S.~ _~"' ffii~~ N.A.E ~ -if 6dBlq BiriNp \\_~ 9 "'~~~` rwr romnrwrsw lel~ Ctty of Chesapeake \ ~ ~~ Pwwalimd E~wuwn REGE NIVFR91 ~-+~'~~~~'~1.,~ ~, '~ CORPO ` E _ erpoN,.~r c.roerx ~ C ~dvBwmm~ PNBINC E -~, a Bur COMM 8 ~ ~: Ji ~11`I` .mH.u". I~aw~. ~n~ .n.~n. MV NJCIPAL -' ~'f ` .S~R~i. :.. _ CENTER ._.- b A y ~ ' / 1 R 4 J. e. ....:... ~, 1 ... - ~ {J II tL, ' t- Primary Bike Network ~"':r~.::bll Commuter Route Map Item #14 City of Virginia Beach Amendment to the Comprehensive Plan -Bikeways and Trails Plan March 9, 2011 CONSENT An ordinance to amend the Comprehensive Plan by adopting the Bikeways and Trails Plan, February 15, 2011. SUMMARY OF AMENDMENT Early in 2010, the City began a public process to update the City of Virginia Beach Bikeways and Trails Plan. The public process included numerous community-wide surveys and meetings with stakeholders, residents and various City Departments. This participation led to a comprehensive list of goals and tasks for the plan. This ordinance amends the Comprehensive Plan by adoption of the Bikeways and Trails Plan, February 15, 2011. The current provisions of the Plan pertaining to bikeways and trails are revised to reflect the adoption and relevant provisions of the Bikeways and Trails Plan, February 15, 2011. AYE 10 NAY 0 BERNAS ABS 0 ABSENT 1 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 14. ABSENT Wayne Wilcox, Parks and Recreation appeared before the Board. S ANN ~yI ff f~ (~ wee.: S 4~`i`~v~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -LANDSCAPING GUIDE, an Ordinance to amend the City Landscaping Guide by inclusion of amendments pertaining to bicycle parking and permeable paving system. MEETING DATE: April 26, 2011 ^ Background: The proposed amendments to the off-street parking regulations provided in Sections 203 of the City Zoning Ordinance include requirements for bicycle parking and permeable paving systems. Specifically, amendments refer in Sections 203(b)(9) to the use of permeable paving systems and in Section 203(b)(14) to covering of bicycle spaces. In both instances, the amendments direct the reader to the Landscaping Guide of the City of Virginia Beach for detailed guidance regarding the type of permeable paving systems and bicycle space shelters that are acceptable. Amendments to the Landscaping Guide, therefore, are needed to provide such guidance. City Council deferred the request for the off-street parking regulations, at their February 22, 2011 hearing, to allow time to further refine the wording. The Landscaping Guide was deferred to ensure coordination of any revisions between the documents. ^ Considerations: Approval of the amendments to the Landscaping Guide is recommended. The amendments do not change any of the current guidance in the Landscaping Guide regarding landscape plantings or screening. The purpose is only to provide new guidance for acceptable permeable paving systems and covered bicycle parking referenced in the proposed amendments regulating off-street parking. There was no opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council. ^ Attachments: Staff Review Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. S 1~ 1 AN ORDINANCE TO AMEND THE 2 LANDSCAPE GUIDE BY THE INCLUSION OF 3 AMENDMENTS PERTAINING TO BICYCLE 4 PARKING AND PERMEABLE PAVING 5 SYSTEMS 6 7 WHEREAS, on June 9, 2010, the Planning Commission held a public hearing 8 concerning the amendment of the Landscape Guide to include provisions pertaining to 9 bicycle parking and permeable paving systems, as set forth in the attached Exhibit 1, 10 and at the conclusion of such public hearing, recommended that the Landscape Guide 11 be so amended, and 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 19 That the Landscape Guide of the City of Virginia Beach be, and hereby is, 20 amended and reordained to incorporate the amendments set forth in the attached 21 Exhibit 1. 22 23 COMMENT 24 25 The ordinance amends the Landscape Guide to include provisions pertaining to bicycle 26 parking and permeable paving systems. 27 28 Adopted by the Council of the City of Virginia Beach on this day of 29 , 2011. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN Y: ~ / ~ />,' (/ / • ~~/ Plannin epartment City Attorney's Office CA 11506 R-2 January 4, 2011 Item #8 & 9 City of Virginia Beach Amendment to Sections 203 and 236 -Parking Amendment to Landscaping Guide January 12, 2011 APPROVED SUMMARY OF AMENDMENT (Item 8) The Green Ribbon Implementation Committee developed directives for Staff to research techniques to improve water quality throughout Virginia Beach. Several of these specific directives included: modifying excess parking requirements, setting both minimum and maximum number of parking spaces, facilitating shared and offsite parking, establishing motorcycle and bicycle parking requirements, and increasing the number of compact parking spaces available. Recommendations were developed with input from stakeholders including representatives from the Virginia Beach Chamber of Commerce, the Retail Alliance, the Tidewater Builders Association, Virginia Beach Vision, the Resort Advisory Committee, the Virginia Beach Economic Development Authority and Lynnhaven River NOW. The goal of these amendments is to minimize impervious surfaces in parking lots, reduce stormwater management needs for new projects, decrease heat generated on a site and reduce development costs. The major revisions include the adoption of limits to parking to as a set amount of parking, allowing 50 percent more parking than the minimum required. The revisions also include new requirements for motorcycle parking and bicycle spaces for certain uses. The use of parking agreements to encourage shared parking where feasible is encouraged by the proposed amendments. RECOMMENDATION (Item 8) Staff recommends approval of these amendments. The amendments are the result of extensive work over the past year with stakeholders and the public, and provide an update to the City's development regulations that reflect a more sustainable approach toward parking. SUMMARY OF AMENDMENT (Item 9) The proposed amendments to the off-street parking regulations provided in Sections 203 of the City Zoning Ordinance include requirements for bicycle parking and permeable paving systems. Specifically, amendments refer in Sections 203(b)(9) to the use of permeable paving systems and in Section 203(b)(14) to covering of bicycle spaces. In both instances, the amendments direct the reader to the Landscaping Guide of the City of Virginia Beach for detailed guidance regarding the type of permeable paving systems and bicycle space shelters that are acceptable. Amendments to the Landscaping Guide, therefore, are needed to provide such guidance, and are attached to this report. RECOMMENDATION (Item 9) Approval of the amendments to the Landscaping Guide is recommended. The amendments do not change any of the current guidance in the Landscaping Guide regarding landscape plantings or screening. The purpose is only to provide new guidance for acceptable permeable paving systems and covered bicycle parking referenced in the proposed amendments regulating off-street parking. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE Item #8 & 9 City of Virginia Beach -Parking and Landscape Guide Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved items 8 & 9, on item 8 with the removal of "Parking Garage in the block" on line 417 of the amendment. Item 9 approved as submitted. Carolyn Smith presented this item before the Board. Robert Miller and Eddie Bourdon spoke in support of the amendment. L. APPOINTMENTS AUDIT COMMITTEE ENERGY ADVISORY COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ~**~~~~* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" Apri126 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption NATIONAL NIGHT OUT OCTOBER 4, 2011 Agenda 04/26/2011 gw www.vb og y.com C/TY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/12/2011 B PAGE: 1 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D I FY 2011-2012 BUDGET A/1 1. CONSTITUTIONAL OFFICER Tina Sinnen-Clerk, Circuit Court 2 SAFE COMMUNITY Catheryn Whitesell, a. OVERVIEW Director- Managemeri Services b. EMERGENCY Athena Plummer, COMMUNICATIONS/CITIZEN Director SERVICES Bruce Edwards, c. EMERGENCY MEDICAL Chief SERVICES d. FIRE Steve Cover, Chief e. POLICE James Cervera, Chief QUALITY PHYSICAL ENVIRONMENT a. OVERVIEW Catheryn Whitesell, Director- 3 Management Services b. PLANNING Jack Whitney, Director c. PUBLIC UTILITIES Tom Leahy, Director Jason Cosby, d. PUBLIC WORKS Director CULTURAL/RECREATIONAL OPPORTUNITIES 4 Catheryn Whitesell, a. OVERVIEW 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/12/2011 B PAGE: 2 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D II/[II/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y 1' VI/VII/E SESSION F/ G/ MINUTES -March 22, 2011 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y 1' B S T A I N E D March 29, 2011 APPROVED 11-0 Y Y Y Y Y Y Y Y A Y S' B S T A I N E D H/I1 PUBLIC HEARING NO SPEAKERS ARP Easements 2933 West Gibbs Road J/I Ordinances toAMEND City Code: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y S' CONSENT a. §35-138 re Meals Tax b. § 16-48 re sales prices of W orkforce Housing Units c. §18-56 re permit requirementsfor hairdressin tannin nail salons 2 Ordinance toAUTHORIZE acquisition ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y 5' of ARP easement to Clayton/Myrtice CONSENT B Delaney at 2933 West Gibbs Road S DISTRICT 7-PRINCESS ANNE T A I N E D 3 Ordinance toAUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y ~' encroachments into portions of City CONSENT owned ROW byWEST NECK PROPERTIES, INC. at West Neck Road/Kestrel Lane/Indian River Road entrance to Eagles Nest 4 Ordinance toAUTHORIZE City ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y ~' CITY OF VIRGINIA BEACH SUMMAR Y OF COUNCIL ACTIONS DATE: 4/12/2011 B PAGE: 3 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D ManagerEXECUTE/SUBMIT2011 CONSENT Housing Choice Voucher Annual Agency Plan/Revised Administrative Plan HUD 5 Ordinance toAUTHORIZE Amendment ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' No. 9 toPublic Works CONSENT Specifications/Standards Manual 6 Ordinance toMODIFY an interesEfree ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y 5' loan to Va Beach Rescue Squad CONSENT 7 Ordinance to ACCEPT donation from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y S' Norfolk Policeof automated license CONSENT plate readers (valued at $76,800) for Virginia Beach Police$193,000 to the City Treasurer re postage charges 8 Ordinances to: ADOPTED, BY 11.0 y y y y y y y y y y y CONSENT a. TRANSFER $8,774 from within the FY 2010-2011 School Budget b. APPROPRIATE $108,141 from Homeland Securityto Fire re Marine Team c. APPROPRIATE $50,000 the Virginia Aquariumre five positions for reseazch K-1 BAYBERRY RENTALS, LLB DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconfonning Usere duplex at 2301 4/26/11, BY CONSENT Bayberry Street (DISTRICT 5- LYNNHAVEN) 2 DARSHAK PATEL (KAVERI, DEFERRED, TO 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC)/MABEL BROCKModification of 5/10/11 BY Conditions (approved January 21, 1985) CONSENT ADD Greyhound passenger terminal at 971 Virginia Beach Blvd (DISTRICT 6- BEACH) 3 GREYHOUND LINES, INC. CUP re DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y 1' passenger terminal at 971 Virginia Beach 5/10/11, BY Boulevard (DISTRICT 6-BEACH) CONSENT 4 7-ELEVEN, INC./COURTHOUSE DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y S' MARKETPLACE OUTPARCELS, 5/10/11, BY LLC at 2448 Nimmo Pazkway reretail CONSENT center deferred Mazch 22, 2011 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/12/2011 g PAGE: 4 E D . S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D (DISTRICT 7-PRINCESS ANNE) a. Modification of Conditional COZ Proffers re Wawa site b. Modification of CUPre fuel sales with convenience store 5 STAIN STUDIOS, LLC CUP re a tattoo APPROVED/ 10-1 N Y Y Y Y Y Y Y Y Y S' studio at 92 South Witchduck Road ADDED CONDITON #7 BY (deferred on March 22, 2011)(DISTRICT , CONSENT 2 -KEMPSVILLE) 6 BUDDHIST EDUCATION CENTER APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y ~' OF AMERICAN DONG HUNG CONDITIONED, TEMPLE. INC. CUP re religious use at BY CONSENT 423 Davis Street(DISTRICT 2- KEMPSVILLE) 7 CRAB POT SEAFOOD T/A DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y 1" WICKERS CRAB POT/RAY D. 4/26/11, BY JR./MICHELLE R. WICKER CUP re a CONSENT home occupation at 3537 Byrn Brae Drive on Elizabeth River(DISTRICT 2- KEMPSVILLE) 8 ROBERT L. NELSON/BARBARA N. ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y l' GRAY T/A WEST LANDING WITHDRAWAL, MARINE Modification of CUP(re BY CONSENT launching watercraft) at 2748 West Landing Road. (DISTRICT 7- PRINCESS ANNE) 9 CITY RESORT MANAGEMENT DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y S" OFFICE CUP re commercial parking lot INDEFINITELY, at 319 18th Street (DISTRICT 6- BY CONSENT BEACH) L. APPOINTMENTS: ENERGY ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U S COMMUNITY SERVICES BOARD Appointed- 11-0 Y Y Y Y Y Y Y Y Y Y 5" Unexpired thru 12/31/11 M. Charles Schroeder (Family) ENVISION VIRGINIA BEACH 2040 Appointed- No 11-0 Y Y Y Y Y Y Y Y Y Y ~" COMMITTEE Term Donald H. Horde CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/12/2011 B PAGE: 5 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D HUMAN RIGHTS COMMISSION Appointed - 4/1/11- 3/31/14 E. Ray Cox. Sr. 11-0 Y Y Y Y Y Y Y Y Y Y ~' M/N/0 ADJOURNMENT