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AUGUST 28, 2012 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHND.MOSS, At -Large JOHN E. (IHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR-LYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC I II. III IV CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL BRIEFING CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY COUNCIL AGENDA PHONE: (757) 385-4303 FAX (757) 385-5669 28 AUGUST 2012 E-MAIL: Ctycncl@vbgov.com - City Council Chamber - 3:00 PM A. ECONOMIC DEVELOPMENT PRESENTATION Warren Harris, Director, Department of Economic Development CITY MANAGER BRIEFINGS - Conference Room - A. HUMAN SERVICES CHILD WELFARE DIVISION - CORRECTIVE ACTION PLAN Cindy Curtis, Deputy City Manager CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: 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 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXIX and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival 2. RESOLUTION TO COMMEMORATE AUGUST 28, 2012 "Master Gunnery Sergeant Jimmy M. Hargrove Day" I. PUBLIC HEARINGS August 14, 2012 1. ACQUISITION OF PROPERTIES BY AGREEMENT OR CONDEMNATION a. Burton Station Road b. Lesner Bridge 2. SALE OF EXCESS CITY -OWNED PROPERTY a. Lavergne Lane J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§30-57, 30-58, 30-60, 30-60.1, 30-71, 30-73, 30-74 and 30-77 and ADD §30.62 and 30-76.1 re soil removal and other land disturbing activities and further DEFINING Erosion and Sedimentation Control b. §18-97 re Business License (BPOL) Exemption DEFINING producers selling their own goods 2. Ordinances to AUTHORIZE acquisition of property for right-of-way and temporary/permanent easements, either by agreement or condemnation: a. Lesner Bridge Replacement b. Burton Station Infrastructure 3. Ordinances to DECLARE: a. The property at 124 Lavergne Lane EXCESS of the City's needs and AUTHORIZE the City Manager to EXECUTE an Agreement of Sell and Convey to Robert H. and Juanita M. Gordon b. The dwelling at 5405 Keystone Place "blighted and a nuisance", and AUTHORIZE a plan to DEMOLISH same and TRANSFER $14,500 to Housing and Neighborhood Preservation for this demolition 4. Ordinance to APPROPRIATE $75,000 to the Clerk of the Circuit Court re maintenance of their Electronic Recording System 5. Ordinance to ACCEPT, APPROPRIATE and TRANSFER $32,948 re defibrillators and equipment for ambulances K. PLANNING 1. Application of ROYAL AUTO SALES, L.L.C./MAH DEVELOPMENT, L.L.C. for Modification of Conditions Nos 1 and 6 (approved November 25, 2003) to allow additional vehicles "for sale" at 4928 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of GRACE BIBLE CHURCH for Modification of Conditions Nos 1 and 2 (approved April 24, 2007, and modified May 25, 2010) to allow a tent at 2956 Ansol Lane DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of STIHL INCORPORATED for a Conditional Use Permit re wind energy conversion system at 825 London Bridge Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 4. Application of WORLD FAMOUS INK/3509 VA BEACH BLVD LLC for a Conditional Use Permit re a tattoo parlor, body piercing and permanent make-up establishment at 3509 Virginia Beach Blvd DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Applications of the City of Virginia Beach to AMEND: a. The Comprehensive Plan re the Hilltop Strategic Growth Area Master Plan (July 2012) and REVISING the Policy Document RECOMMENDATION b. Sections 111, 203, 901 and 1521, REPEAL Section 233.3 and ADD Section 239.03 of the City Zoning Ordinance (CZO), DEFINING "Open -Air Markets," DELETING the term "Flea Markets," ADDING Open -Air Markets and DELETING Flea Markets as conditional uses in the B-2, B-3, B -3A, B-4, B -4C and RT -3 Districts and ESTABLISHING off-street parking requirements for Open -Air Markets RECOMMENDATION APPROVAL c. A Street Closure of a portion of Old Norfolk to Virginia Beach Boulevard right-of-way (also known as North Lynnhaven Road) RECOMMENDATION L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT APPROVAL The City Council Schedule Changes for September September 4 - Workshop - 4:00 p.m. September 11 All Sessions - Formal/Open Dialogue -6:00 p.m. September 18 All Sessions — Formal - 6:00 p.m. September 25 — Workshop - 2:00 p.m. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303 2012 CITYHOLIDAYS Monday, September 3 Labor Day Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Monday, December 24 Tuesday, December 25 Day After Thanksgiving Christmas Eve (half-day) Christmas Day I. II III IV CITY COUNCIL BRIEFING - City Council Chamber - A. ECONOMIC DEVELOPMENT PRESENTATION Warren Harris, Director, Department of Economic Development CITY MANAGER BRIEFINGS - Conference Room - A. HUMAN SERVICES CHILD WELFARE DIVISION - CORRECTIVE ACTION PLAN Cindy Curtis, Deputy City Manager CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW 3:00 PM 4:00 PM V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: 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 August 14, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION KING NEPTUNE XXXIX and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival 2. RESOLUTION TO COMMEMORATE AUGUST 28, 2012 "Master Gunnery Sergeant Jimmy M. Hargrove Day" WHEREAS: On June 25, 1941, President Franklin D. Roosevelt issued Executive Order No. 8802 which established the fair employment practices that began to erase discrimination in the Armed Forces. In 1942, the President issued a Presidential Directive that integrated the United States Marine Corps; WHEREAS: Approximately 20,00 African-American Marines received basic training at Montford Point Marine Base in North Carolina between 1942 and 1949 and later became known as the MONTFORD POINT MfiRINES. These African-American "Volunteers" enlisted in the United States Marine Corps during World War H to demonstrate their commitment to their country despite the practice of segregation, served their country with a most honorable reputation, defied unwarranted stereotypes and achieved distinction through brave and honorable service. They fought and served in the Pacific Theatre, participated in the liberation of the Ellice Islands, the Eniwetok Atoll, the Marshall Islands, the Kwajalein Atoll, Iwo Jima, Peleliu, the Marianas islands, Saipan, Tinian, Guam and Okinawa; WHEREAS: The heroism, commitment and valor demonstrated by the Montford Point Marines changed the negative attitudes of the military leadership toward African-Americans and inspired the untiring service of future generations, in July 1948, President Harry S. Truman issued Executive Order No. 9981 which ended segregation in the military. In 1965, over 400 former and active duty Marines met at a Reunion in Philadelphia. They honored the Montford Point Marines and established the Montford Point Marine Association; WHEREAS: Of the more than 20,000 Montford Point Marines, only five hundred are surviving with twelve in the Hampton Roads Area and only one in Virginia Beach, namely Jimmy M. Hargrove, who served in Logistics and attained the position of Master Gunnery Sergeant during his thirty years of service from 1948 to 1978. Jimmy says: "We were well trained although the facilities were very inadequate, but prejudice came second to being a Marine': They turned to their faith, singing gospel songs to get through the tough times; WHEREAS: On July 22, 2010, the United States Senate adopted a Resolution designating August 26, as "Alontford Point Marines Day' : THEREFORE BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to pay tribute to the sacrifices of the Montford Point Marines, and in particular, our own Jimmy M. Hargrove. BE IT FURTHER RESOLVED: That this day all citizens in Virginia Beach join the Mayor and Members of City Council to commemorate August 28, 2012 as: MASTER GUNNERY SERGEANT JIMMY M. HARGROVE DAY Given under our hands and seals, CounaGnan Glenn R. Davis "Bob,: UhF n I. PUBLIC HEARINGS ACQUISITION OF PROPERTIES BY AGREEMENT OR CONDEMNATION a. Burton Station Road b. Lesner Bridge 2. SALE OF EXCESS CITY -OWNED PROPERTY a. Lavergne Lane • M•I ; •►� a •► The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of property and easements necessary for the Burton Station Road Improvements Project, Phase I, (CIP #9-081.003), Tuesday, August 28, 2012, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "Burton Station SGA, Phase 1 Infrastructure" and are on file in the Strategic Growth Office, 10th Floor at Town Center. The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-0303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this Hearing should be directed to the Office Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385Jec Ruth Hodges Fra s City Clerk Beacon: August 19, 2012 The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of property and easements necessary for the Lesner Bridge Replacement Project, (CIP #2- 168), Tuesday, August 28, 2012 at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "LESNER BRIDGE REPLACEMENT CIP No. 2- 168" and are on file in the Public Works Department, Engineering Division, File Room. The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 3854303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this Hearing should be directed to the Real Estate Office, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon August 19, 2012 23182033 u' fs.M^1;"1 � ` •y ,•«� fir) ;J i1 1 ' The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of city -owned property, Tuesday, August 28, 2012 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building 41) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property Is located at 124 Lavergne Lane (GPIN: 2407-64-8799). The purpose of this Hearing will be to obtain public Input to determine whether this property should be declared to be in excess of the City's needs. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERICS OFFICE at 385- 4303; Hearing Impaired, call 711 (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 or call (757)385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon August 19, 2012 23182022 J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§30-57, 30-58, 30-60, 30-60.1, 30-71, 30-73, 30-74 and 30-77 and ADD §30.62 and 30-76.1 re soil removal and other land disturbing activities and further DEFINING Erosion and Sedimentation Control b. §18-97 re Business License (BPOL) Exemption DEFINING producers selling their own goods 2. Ordinances to AUTHORIZE acquisition of property for right-of-way and temporary/permanent easements, either by agreement or condemnation: a. Lesner Bridge Replacement b. Burton Station Infrastructure 3. Ordinances to DECLARE: a. The property at 124 Lavergne Lane EXCESS of the City's needs and AUTHORIZE the City Manager to EXECUTE an Agreement of Sell and Convey to Robert H. and Juanita M. Gordon b. The dwelling at 5405 Keystone Place "blighted and a nuisance", and AUTHORIZE a plan to DEMOLISH same and TRANSFER $14,500 to Housing and Neighborhood Preservation for this demolition 4. Ordinance to APPROPRIATE $75,000 to the Clerk of the Circuit Court re maintenance of their Electronic Recording System 5. Ordinance to ACCEPT, APPROPRIATE and TRANSFER $32,948 re defibrillators and equipment for ambulances 4 `u 1 f�L�,agy_ tf� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 30-57, 30-58, 30-60, 30-60.1, 30-71, 30-73, 30-74 and 30-77 and Add Section 30-62 and 30-76.1 of the City Code Pertaining to Soil Removal and Other Land Disturbing Activities MEETING DATE: August 28, 2012 ■ Background: The State Department of Conservation and Recreation (DCR) audited the City's Erosion and Sediment Control program for compliance with all State laws and regulations. The audit made the City aware of several exclusions and corrections that needed to be made to Chapter 30, Soil Removal and Other Land Disturbing Activities, of the City Code that pertain to the erosion and sediment control program. These changes included the addition of definitions, the deletion of references to the city engineer, the designation of Program Administrators in Public Works and Public Utilities and the requirement for reports to DCR on all land disturbing activities. Provisions regarding the right of entry on property with erosion and sediment control permits and variance procedures were also added to the ordinance Legislation passed by the General Assembly, which became effective on July 1, 2012, also required further changes to the provisions of Chapter 30, mainly requiring name changes and clarification of procedures. ■ Considerations: The amendments and additions will bring Chapter 30 into compliance with the requirements of the State Code and the recommendation of DCR during the audit process. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt the attached Ordinance to bring the provisions of Chapter 30 into compliance with the State Code and Erosion and Sediment Control regulations. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning City Manager: (/YY�SL� V ", (x'`t 1 AN ORDINANCE TO AMEND SECTIONS 30-57, 2 30-58, 30-60, 30-60.1, 30-71, 30-73, 30-74 AND 3 30-77 AND ADD SECTIONS 30-62 AND 30-76.1 4 OF THE CITY CODE PERTAINING TO SOIL 5 REMOVAL AND OTHER LAND -DISTURBING 6 ACTIVITIES 7 Sections Amended: §§ 30-57, 30-58, 30-60, 8 30-60.1, 30-61, 30-71, 30-73, 30-74, and 30-77 9 Sections Added: §§ 30-62 and 30-76.1 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 That Sections 30-57, 30-58, 30-60, 30-60.1, 30-61, 30-71, 30-73, 30-74 and 30-77 13 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained 14 and Sections 30-62 and 30-76.1 are added to read as follows: 15 Chapter 30 - SOIL REMOVAL, OTHER LAND -DISTURBING ACTIVITIES 16 .... 17 ARTICLE III. - EROSION AND SEDIMENT CONTROL AND TREE PROTECTION 18 DIVISION 1. — GENERALLY 19 .... 20 Sec. 30-57. - Definitions. 21 As used in this article, the following words and terms shall have the meanings 22 ascribed to them in this section, unless the context requires a different meaning: 23 Agreement in lieu of a plan means a contract between the VESCP 24 authority and the owner which specifies conservation measures which must be 25 implemented in the construction of a single-family residence; this contract may be 26 executed by the plaR appreviRg VESCP authority in lieu of a formal site plan. 27 .... 28 Certified plan reviewer means an employee or agent of the City of Virginia Beach 29 who (i) holds a certificate of competence from the board in the area of plan review, (ii) is 30 enrolled in the board's training program for plan review and successfully completes such 31 program within one (1) year after enrollment, or (iii) is licensed as a professional engineer, 1 32 architect, seFtified landscape architect or land surveyor pursuant to article 1 (§ 54.1-400 33 et seq.) of chapter 4 of title 54.1 of the Code of Virginia, as amended or professional soil 34 scientist as defined in 04.1-2200 of the Code of Virginia, as amended. 35 .... 36 37 38 39 Ae 6901 and -water and 4ree plan iRveRtaFy and managefFlent iRfOFFnat;en with 40 ' 41 42 . 43 .... 44 Erosion and sediment control plan or plan means a document containing material for 45 the conservation of soil and water resources of a unit or group of units of land. It may 46 include appropriate maps an appropriate soil and water plan inventory and management 47 information with needed interpretations and a record of decisions contributing to 48 conservation treatment The plan shall contain all major conservation decisions to ensure 49 that the entire unit or units of land will be so treated to achieve the conservation 50 objectives. 51 .... 52 Land -disturbing activity means any man-made change to the land sfe surface 53 which may result in soil erosion from water or wind and the movement of sediments into 54 state waters or onto lands in the city, including, but not limited to, clearing, grading, 55 excavating, transporting, and filling of land, except that the term shall not include: 56 (1) Minor land -disturbing activities such as home gardens and individual home 57 landscaping, repairs and maintenance work; 59 (5) Surface OF deep 60 (65) , mads, feedeF lines 61 and off site disposal aFe'6 Permitted surface or deep mining operations and 62 projects or oil and gas operations and projects conducted pursuant to Title 45.1 63 of the Code of Virginia; 64 (76)Tilling, planting or harvesting of agricultural, horticultural or forest crops, of 65 livestock feedlot operations, or as additionally set forth by the Board in 66 regulations, including engineering operations as follows: construction of 67 terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, 68 strip cropping, lister furrowing, contour cultivating, contour furrowing, land 69 drainage and land irrigation; however, this exception shall not apply to 70 harvesting of forest crops unless the area on which harvesting occurs is 71 reforested (artificially or naturally) in accordance with the provisions of Code of 72 Virginia, chapter 11 (section 10.1-1100 et seq.), or is converted to bona fide 73 agricultural or improved pasture use as described in Code of Virginia, 74 subsection B of section 10.1-1163 75 (87)Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities 76 and other related structures and facilities of a railroad company; 77 (98)Agricultural engineering operation including, but not limited to, the construction 78 of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not 79 required to comply with the Dam Safety Act, ditches, strip cropping, lister 80 furrowing, contour cultivating, contour furrowing, land drainage and land 81 irrigation; 82 (4-99)Disturbed land areas of less than two thousand five hundred (2,500) square 83 feet in size; 84 (44.10)lnstallation of fence and sign posts or telephone and electric poles and other 85 kinds of posts or poles; 86 (4211)Shoreline erosion control projects on tidal waters when all of the land 87 distuFbiflg land -disturbing activities are within the regulatory authority of and 88 approved by the wetlands board of the City of Virginia Beach, the Marine 89 Resources Commission or the United States Army Corps of Engineers; 90 however, any associated land that is disturbed outside of this exempted area 91 shall remain subject to this article and the regulations adopted pursuant thereto; 92 (4512)Emergency work to protect life, limb or property and emergency repairs; 93 however, if the land -disturbing activity would have required an approved erosion 94 and sediment control and tree protection plan if the activity were not an 95 emergency, then the land area disturbed shall be shaped and stabilized in 96 accordance with the requirements of the VESCP authority. 97 LGGaI erosion and - OF -l pr-egFanq means 101 guidelines, - enfeFGement,evaluatiOR. 102 Natural channel design concepts means the utilization of engineering analysis and 103 fluvial -geomorphic processes to create rehabilitate restore, or stabilize an open 104 conveyance system for the purpose of creating or recreating a stream that conveys its 105 bankfull storm event within its banks and allows larger flows to access its bankfull bench 106 and its floodplain. 107 .... 108 Peak flow rate means the maximum instantaneous flow from a given storm condition 109 at a particular location. 110 Permit -issuing authority means the director of planning or his designees. 111 Permittee means the person to whom the local permit authorizing land -disturbing 112 activities is issued or the person who certifies that the approved erosion and sediment 113 control plan will be followed. 114 Periodic inspections are required during or immediately following initial installation of 115 erosion and sediment controls at least once in every two week period, within 48 hours 116 following any runoff producing storm event and at the completion of the project prior to 117 the release of any performance bonds. 118 Person means any individual, partnership, firm, association, joint venture, public or 119 private corporation, trust, estate, commission, board, public or private institution, utility, 120 cooperative, county, city, town or other political subdivision of the commonwealth, 121 governmental body, including a federal or state entity as applicable, any interstate body 122 or any other legal entity. 123 Aan appr-eving auther4ty means the direGtor Gf planning 9F his designee, based upon 124 the Gity E ' 125 126 Planning Department or director of Planning shall also include any designees made- 127 ade127 by the Director of Planning. 128 129 .... 130 Runoff volume means the volume of water that runs off the land development project 131 from a prescribed storm. 132 133 134 10.1 560 --through 10.1 571 of the ViFginma Code, iRGluding FegulatmOR6 desigRed to 135 minimise ern inn +.,d sedumeRtatinn 136 .... 137 Virginia Erosion and Sediment Control Program or VESCP means a program 138 approved by the Board that has been established by a VESCP authority for the effective 139 control of soil erosion sediment deposition and nonagricultural runoff associated with a 140 land -disturbing activity to prevent the unreasonable degradation of properties, stream 4 141 channels waters and other natural resources and shall include such items where 142 applicable as local ordinances rules permit requirements annual standards and 143 specifications policies and guidelines technical materials and requirements for plan 144 review, inspection enforcement where authorized in this article and evaluations 145 consistent with the requirements of this article and its associated regulations. 146 Virginia Erosion and Sediment Control Program Authority or VESCP authority 147 means the City of Virginia Beach also referred to as the city. 148 Water quality volume means the volume equal to the first one-half inch of runoff 149 multiplied by the impervious surface of the land development project. 150 COMMENT 151 The revisions to the Erosion and Sediment Control Ordinance are based upon comments or 152 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 153 the City's Erosion and Sediment Control program and recent legislative changes to Chapter 10 of 154 the Code of Virginia (11131065). The added definitions are included in the State's model ordinance 155 and recent changes to the Code of Virginia and should be included in the City's ordinance. 156 All references to the city engineer in this ordinance have been changed to the VESCP authority, 157 as the city engineer is no longer involved in the process. (Lines 96 and 124) 158 The City's E & S program will be coordinated by the Planning Department from Development 159 Services Center, and the Departments of Public Works and Public Utilities will be designated as 160 Program Administrators, thus, the reference to the Planning Department as including its designees. 161 (Lines 126-127) 162 Sec. 30-58. - EFosmo~ ~d- sediment ront of PFGgr-am VESCP; regulations, 163 standards and specifications for erosion and sediment control and tree protection. 164 (a) The city council hereby adopts the regulations promulgated by the Virginia 165 Soil and Water Conservation Board pursuant to section 10.1-562 of the Code of Virginia 166 for the effective control of soil erosion, sediment deposition and nonagricultural runoff 167 which must be met in any GentFol pFegfam VESCP to prevent the unreasonable 168 degradation of properties, stream channels, waters and other natural resources. Said 169 regulations, standards and specifications for erosion and sediment control are included in 170 but [are] not limited to Chapter 3 of the "Virginia Erosion and Sediment Control 171 Handbook," Third Edition, 1992 and the Virginia Erosion and Sediment Control 172 Regulations and all future amendments thereto and editions thereof. 173 (b) The program and regulations provided for in this article shall be made 174 available for public inspection at the office of the director of planning. 175 COMMENT 176 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 177 Chapter 10 of the Code of Virginia mandated by recent legislation (11131065) and deficiencies noted 5 178 by the audit of the City's program. 179 Sec. 30-60. - Monitoring reports and inspections of land -disturbing activities. 180 (a) With respect to approved plans for erosion and sediment control and tree 181 protection in connection with land -disturbing activities which involve the issuance of a 182 grading, building or other permit, the director of planning or his designees shall (1) 183 provide for periodic inspections of the land -disturbing activity, and require that a .... 184 (b) Upon receipt of a sworn complaint of a violation of this article from the 185 representative of the department of planning the city manager or his designee may, in 186 conjunction with or subsequent to a notice to comply as specified in section 30-60(a) 187 above, issue an order requiring that all or part of the land -disturbing activities permitted on 188 the site be stopped until the specified corrective measures have been taken or, if 189 land -disturbing activities have commenced without an approved plan as provided in 190 section 30-71 of this article, requiring that all of the land -disturbing activities be stopped 191 until an approved plan or any required permits are obtained. Where the alleged 192 noncompliance is causing or is in imminent danger of causing harmful erosion of lands or 193 sediment deposition in waters within the watersheds of the commonwealth, or where 194 such land -disturbing activities have commenced without an approved plan or any 195 required permits, such an order may be issued whether or not the alleged violator has 196 been issued a notice to comply as specified in section 30-60(a) above. Otherwise, such 197 an order may be issued only after the alleged violator has failed to comply with a notice to 198 comply. The order for noncompliance with a plan shall be served in the same manner as 199 a notice to comply, and shall remain in effect for seven (7) days from the date of service 200 pending application by the director of planning or his designee or alleged violator for 201 appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to 202 have occurred. The order for disturbance without an approved plan or permits shall be 203 served upon the owner by registered or certified mail to the address specified in the land 204 records shall be posted on the site where the disturbance is occurring, and shall remain 205 in effect until such time as permits and plan approvals are secured, except in such 206 situations where an agricultural exemption applies. If the alleged violator has not ebtaiRed 207 implemented the specified corrective measures 208 within seven (7) days from the date of service of the order, the city manager or his 209 designee may issue an a subsequent order to the owner requiring that all construction 210 and other work on the site, other than corrective measures, be stopped until 211 such corrective measures 212 are implemented. The subsequent order shall be served upon the owner by registered or 213 certified mail to the address specified in the permit application or the land records of the 214 locality in which the site is located. The owner may appeal the issuance of as any order to 215 the circuit court of the jurisdiction wherein the violation was alleged to have occurred. Any 216 person violating or failing, neglecting or refusing to obey an order issued by the city 217 manager or his designee may be compelled in a proceeding instituted in the circuit court 218 of the jurisdiction wherein the violation was alleged to have occurred to obey same and to 219 comply therewith by injunction, mandamus or other appropriate remedy. Upon 220 completion and approval of corrective action, or obtaining an approved plan or any 221 required permits, the order shall immediately be lifted. Nothing in this section shall 222 prevent the city manager or his designee from taking any other action specified in section 223 30-75. 224 COMMENT 225 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 226 Chapter 10 of the Code of Virginia (HB1009) that will provide further explanation for enforcement 227 actions. 228 Sec. 30-60.1. — Stop work orders by board; civil penalties. 229 (a) An aggrieved owner of property sustaining pecuniary damage resulting from a 230 violation of an approved plan or required permit, or from the conduct of land -disturbing 231 activities commenced without an approved plan or required permit, may give written 232 notice of the alleged violation to the city and to the director of the board. 233 (b) Upon receipt of the notice from the aggrieved owner and notification to the 234 city, the director of the board shall conduct an investigation of the aggrieved owner's 235 complaint. 236 (c) If the city has not responded to the alleged violation in a manner which causes 237 the violation to cease and abates the damage to the aggrieved owner's property within 238 thirty (30) days following receipt of the notice from the aggrieved owner, the aggrieved 239 owner may request that the director of the board require the violator to stop the violation 240 and abate the damage to his property. 241 (d) If (i) the director of the board's investigation of the complaint indicates that the 242 city has not responded to the alleged violation as required by the !E)Gal pFogr VESCP, 243 (ii) the city has not responded to the alleged violation within thirty (30) days from the date 244 of the notice given pursuant to subsection (a) of this section, and (iii) the director of the 245 board is requested by the aggrieved owner to require the violator to cease the violation, 246 then the director of the board shall give written notice to the city that the director of the 247 board will request the board to issue an order pursuant to subsection (e) of this section. 248 COMMENT 249 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 250 Chapter 10 of the Code of Virginia mandated by recent legislation (HB1065). 251 Sec. 30-61. - Program administration, plan review and inspection fee. 252 (a) At the time an erosion and sediment control plan is submitted a plan review fee 253 in the amount of one hundred dollars ($100.00) shall be required. Additional fees include 254 a permit fee in the amount of seventy-five dollars ($75.00) and inspection fees in the 255 amount of one and five -tenths (1.5) percent of the total cost of construction as provided in 256 the engineer's cost estimate for the stormwater management facility, with a fifty dollar 257 ($50.00) minimum. Such fees shall be submitted to the director of planning or his 258 designee and made payable to the treasurer of the City of Virginia Beach. 259 (b) At the time easement or dedication plats are submitted, a review fee in the 260 amount of eighty-four dollars ($84.00) shall be required. 261 (c) The VESCP authority shall report to the Department of Conservation and 262 Recreation in a method and on a time schedule established by the Department of 263 Conservation and Recreation a listing of each land -disturbing activity in the locality for 264 which a plan has been approved under this ordinance. 265 COMMENT 266 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 267 Chapter 10 of the Code of Virginia mandated by recent legislation (HB1065). They involve the 268 requirement for reporting to the Department of Conservation and Recreation all land disturbing 269 activity. 270 Sec. 30-62. — Right of ent 271 (a) The VESCP authority or any duly authorized agent of the VESCP may, at 272 reasonable times and under reasonable circumstances enter any establishment or upon 273 any property, public or private for the purpose of obtaining information or conducting 274 surveys or investigations necessary in the enforcement of the provisions of this chapter. 275 (b) In accordance with a performance bond with surety, cash escrow, letter of 276 credit or any combination thereof acceptable to the city attorney, a VESCP authority or 277 any duly authorized agent of the VESCP may also enter any establishment or upon any 278 property, public or private for the purpose of initiating or maintaining appropriate actions 279 which are required by the permit conditions associated with a land -disturbing activity 280 when a permittee after proper notice has failed to take acceptable action within the time 281 specified. 282 COMMENT 283 These revisions to the Erosion and Sediment Control Ordinance are based upon comments or 284 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 285 the City's Erosion and Sediment Control program and recent changes to Chapter 10 of the Code of 286 Virginia. The amendment above will provide for the right of entry onto property undergoing 287 land -disturbing activity for the purpose of inspection and corrective action. 288 DIVISION 2. - EROSION AND SEDIMENT CONTROL AND TREE PROTECTION PLAN 289 FOR LAND -DISTURBING ACTIVITIES 290 Sec. 30-71. - Regulated land -disturbing activities; submission and approval of 291 control plan. 292 (a) The standards contained within the "Virginia Erosion and Sediment Control 9 293 Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended, are 294 to be used by the applicant when making a submittal under the provisions of this 295 ordinance and in the preparation of an erosion and sediment control plan. The VESCP 296 authority, in considering the adequacy of a submitted plan shall be guided by the same 297 standards regulations and guidelines When the standards vary between the 298 publications the State regulations shall take precedence. 299 (b) Except as provided in section 10.1-564 of the Virginia Code (state agency and 300 federal entity projects), no person may engage in any land -disturbing activity until such 301 person has submitted to the planning department an erosion and sediment control and 302 tree protection plan for the land -disturbing activity and the plan has been reviewed and 303 approved by the planning department. Such plan must be in compliance with the 304 regulations references guidelines standards and specifications promulgated by the 305 Board for the effective control of soil erosion and sediment deposition to prevent the 306 unreasonable degradation of properties stream channels, waters and other natural 307 resources Said regulations references guidelines standards and specifications for 308 erosion and sediment control are included in but not limited to, the "Virginia Erosion and 309 Sediment Control Regulations" and the Virginia Erosion and Sediment Control 310 Handbook, as amended. 311 COMMENT 312 The revisions to the Erosion and Sediment Control Ordinance are based upon comments or 313 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 314 the City's Erosion and Sediment Control program and recent changes to Chapter 10 of the Code of 315 Virginia (IB1065). The amendments above list the relevant authorities for the City's erosion and 316 sediment control program. 317 (c) Where land -disturbing activities involve lands under the jurisdiction of more than 318 one VSECP an erosion and sediment control plan may, at the 319 option of the applicant, be submitted to the board for review and approval rather than to 320 each jurisdiction concerned. Where the land -disturbing activity results from the 321 construction of a single-family residence, an agreement in lieu of a plan may be 322 substituted for an erosion and sediment control plan if executed by the director of 323 planning or his designee. 324 (d) In accordance with Virginia Code Section 10.1-561: 325 (1) Stream restoration and relocation projects that incorporate natural channel 326 design concepts are not man-made channels and shall be exempt from any 327 flow rate capacitv and velocity requirements for natural or man-made 328 channels: and 329 (2) Any land -disturbing activity that provides for stormwater management 330 intended to address any flow rate capacity and velocity requirements for 331 natural or man-made channels shall satisfy the flow rate capacity and 332 velocity requirements for natural or man-made channels if the practices are 333 designed to 334 (i) detain the water quality volume and release it over 48 hours; 335 (ii) detain and release over a 24-hour period the expected rainfall 336 resulting from the one year, 24-hour storm; and 337 (iii) reduce the allowable peak flow rate resulting from the 1.5, 2 and 338 10 -year 24-hour storms to a level that is less than or equal to the peak flow 339 rate from the site assuming it was in a good forested condition, achieved 340 through multiplication of the forested peak flow rate by a reduction factor 341 that is equal to the runoff volume from the site when it was in a _good 342 forested condition divided by the runoff volume from the site in its proposed 343 condition and shall be exempt from any flow rate capacity and velocity 344 requirements for natural or man-made channels. 345 COMMENT 346 The revisions to the Erosion and Sediment Control Ordinance are based upon comments or 347 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 348 the City's Erosion and Sediment Control program and recent changes to Chapter 10 of the Code of 349 Virginia (HB1065). The amendments above are in reference to the stormwater requirements of 350 natural and man-made channels. 351 Sec. 30-73. — Approval or disapproval 352 (a) The planning department shall review erosion and sediment 353 control plans submitted to it and grant written approval within forty-five (45) days of the 354 receipt of the plan if it determines that the plan meets the requirements of the board's 355 regulations and if the person responsible for carrying out the plan certifies that he will 356 properly perform the conservation measures included in the plan and will conform to the 357 provisions of this article. 358 (b) When a plan is determined to be inadequate, written notice of disapproval 359 stating the specific reasons for disapproval shall be communicated to the applicant within 360 forty-five (45) days. The notice shall specify such modifications, terms and conditions that 361 will permit approval of the plan. If no action is taken by the plaR appFaving VESCP 362 authority within the time specified above, the plan shall be deemed approved and the 363 person authorized to proceed with the proposed activity. 364 COMMENT 365 These revisions to the Erosion and Sediment Control Ordinance are based upon changes to 366 Chapter 10 of the Code of Virginia mandated by recent legislation (HB1065). 10 367 Sec. 30-74. - Changing approved plan. 368 An approved plan may be changed by the planning department 369 in the following cases: 370 (1) Where inspection has revealed that the plan is inadequate to satisfy 371 applicable regulations; or 372 (2) Where the person responsible for carrying out the approved plan finds that 373 because of changed circumstances or for other reasons the approved plan 374 cannot be effectively carried out, and proposed amendments to the plan, 375 consistent with the requirements of this article, are agreed to by the 376 planning department and the person responsible for carrying out the plan. 377 COMMENT 378 All references to the city engineer in this ordinance have been changed, as the city engineer is 379 no longer involved in the process. 381 Sec. 30-76.1. — Variances. 382 The VESCP authority may waive or modify any of the standards contained herein 383 that are deemed to be too restrictive for site conditions. Such variance may be granted 384 under the following conditions: 385 (1) At the time of plan submission an applicant may request a variance to 386 become part of the approved erosion and sediment control plan. The 387 applicant shall explain the reasons for requesting such variances in writing. 388 Approved variances shall be documented in the plan. 389 (2) During construction the person responsible for implementing the approved 390 plan may request a variance in writing from the VESCP authority. The 391 VESCP authority shall respond in writing either approving or disapproving 392 the request If the request is not approved within ten (10) days of receipt of 393 the request the request shall be considered to be disapproved. Following 394 disapproval the applicant may resubmit the request with additional 395 documentation. 396 (3) The VESCP authority shall consider variance requests judiciously, keeping 397 in mind both the need of the applicant to maximize cost effectiveness and 398 the need to protect off-site properties and resources from damage. 399 11 COMMENT 401 The revisions to the Erosion and Sediment Control Ordinance are based upon comments or 402 deficiencies noted by the Virginia Department of Conservation and Recreation during their audit of 403 the City's Erosion and Sediment Control program and recent changes to Chapter 10 of the Code of 404 Virginia (HB1065). The addition of the variance procedure will make such procedure consistent 405 with state requirements. 406 Sec. 30-77. — Conservati Erosion and sediment control plan for erosion impact 407 area. 408 In order to prevent further erosion a IeGal pFagr VESCP may require approval of 409 a erosion and sediment control plan for any land identified in the lesal 410 pregra a VESCP as an erosion impact area. 411 COMMENT 412 These revisions to the Erosion and Sediment Control Ordinance are based upon recent changes 413 to Chapter 10 of the Code of Virginia (HB1065). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2012. APPROVED AS TO CONTENT: CA12191 R-5 August 3, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Cky, A orney's Office 12 tie gyp awxea "` CITY OF VIRGINIA BEACH AGENDA ITEM _ ITEM: An Ordinance to Amend Section 18-97 Pertaining to Business License Exemption for Producers Selling Their Own Goods MEETING DATE: Auaust 28, 2012 ■ Background: The State Code permits the City to exempt from the Business, Professional, and Occupational License (BPOL) Tax a person or business that sells produce provided such person or business grew or produced the fruit, meat, or produce. For qualifying businesses, the business needs to apply with the Commissioner of the Revenue for this exemption. To apply for this exemption, the grower or producer must provide a statement that the business license will be for the sale of his or her own produce only. The regulations applicable to BPOL recognize that some activities are ancillary to the primary licensable business. The Virginia Administrative Code defines "ancillary" as follows: "`Ancillary' means subordinate to, subservient to, auxiliary to, or in the aid of, that which is principal and primary." (23 VAC 10-500-10) The current administration of the exemption from BPOL for producers selling their own produce is a rigid 100% requirement. If a producer wishes to sell other products such as canned jams or honey produced by a commercial cannery, the producer would be required to get a separate business license for this retail activity. ■ Considerations: The attached ordinance seeks to clarify the parameters applicable to ancillary activities in the context of the producer exemption from BPOL. First the ancillary activity must be the sale of consumable food products that are related to the producer's own goods. Second, the ancillary activity may not exceed 20% of the producer's gross receipts per location. Accordingly, if the producer exceeds the 20% or sells unrelated or non-food items, the producer would be required to procure a retail business license. The BPOL is a calendar year tax. Businesses are required to have a license by March 1st. Because it is a calendar year tax, the ordinance provides an effective date of January 1, 2013. The revenue impact from this proprosed amendment is not expected to be significant. Most, if not all, of the affected business licenses are minimum licenses of $40. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinance Requested by Councilmember Davis REQUESTED BY COUNCILMEMBER DAVIS 1 AN ORDINANCE TO AMEND SECTION 18-97 OF 2 THE CITY CODE TO PERTAINING TO BUSINESS 3 LICENSE EXEMPTION FOR PRODUCERS 4 SELLING THEIR OWN GOODS 5 6 SECTION AMENDED: § 18-97 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That Section 18-97 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-97. - Same—Exemption for producers, growers, etc. 15 16 (a)(1) No license shall be required under section 18-96 of peddlers of market produce, 17 fresh meats or fruits who are bona fide producers or growers of the produce, meats or fruits 18 sold by them. No such license shall be required of peddlers of seafoods who are bona fide 19 catchers, producers or growers of the seafoods sold by them. 20 21 (a)(2) For purposes of this section only, a producer or grower of produce or seafood 22 may qualify for the exemption under this section if the producer undertakes ancillary activities. 23 For activities to be considered ancillary, the activity must be the sale of consumable food 24 products related to the producer's own produce meat fruits or seafood and the producer's 25 gross receipts for such ancillary activities may not exceed 20% of the producer's total gross 26 receipts per location. 27 28 (b) Any person desiring to avail himself of the exemption provided in this section, with 29 reference to bona fide producers or growers of market producer, meats or fruits, shall file with 30 the commissioner of revenue a certificate in which shall be given the name and post office 31 address of the person desiring the exemption, the location of the land from which his fruits, 32 vegetables or other perishables are to be produced, whether such person is the owner thereof 33 or a renter, and in the latter case, the name of the landlord or owner and the time from which 34 his lease is to run. Such certificate shall include a statement that the person desiring the 35 exemption intends to use the sign issued to him under this section himself personally, or by 36 agent, for the sale of his own produce only, and will not permit the same to be used by any 37 third party or for the sale of any produce, except his own. 38 39 (c) Any person desiring to avail himself of the exemption provided in this section, with 40 reference to bona fide catchers, producers or growers of seafoods, shall file with the 41 commissioner of revenue a certificate in which shall be given the name and post office address 42 of the person desiring the exemption, the location of the land or area from which his seafoods 43 are to be caught, produced or grown, whether such person is the owner thereof or a renter, 44 45 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 and in the latter case, the name of the landlord or owner and the time from which his lease, if any, is to run. Such certificate shall include a statement that the person desiring the exemption intends to use the sign issued to him under this section himself personally, or by agent, for the sale of his own seafoods only, and will not permit the same to be used by any third party or for the sale of any seafood, except his own. (d) Upon receipt of a certificate filed pursuant to subsection (b) of this section, the commissioner of revenue shall furnish to each bona fide producer or grower of market produce, meats or fruits a sign, of a size and design to be selected by the commissioner of revenue, suitable to be displayed on his wagon or truck, on which shall be printed "Produce Grower No. , 4-920 — 49 20 ", with the license year inserted. (e) Upon receipt of a certificate filed pursuant to subsection (c) of this section, the commissioner of revenue shall furnish to each bona fide catcher, producer or grower of fish, oysters, clams or other seafood a sign, of a size and design to be selected by the commissioner of revenue, suitable to be displayed on his wagon or truck, on which shall be printed "Seafood Producer No. , 41920 —4-920 with the license year inserted. (f) Any tag or sign issued under this section shall be affixed and displayed by the owner on the left-hand side of his cart, wagon, dray, automobile, truck, pushcart or other vehicle, on the outside thereof and in a conspicuous place, so that the same may be readily seen at all times by anyone authorized to inspect the same. (g) Any person making any false statement in a certificate filed under this section shall be guilty of a Class 4 misdemeanor. (h) Any producer or grower of market produce, meats or fruits permitting the grower's sign issued to him under this section to be used in the sale of any market produce, meat or fruits, except market produce, meat or fruits grown or produced by him on the land described in the certificate filed under this section, shall be guilty of a Class 4 misdemeanor. (i) Any catcher, producer or grower of fish, oysters, clams or other seafoods permitting the producer's sign issued to him under this section to be used in the sale of any seafoods, except seafoods caught, produced or grown by him on or in the land or area described in the certificate filed under this section, shall be guilty of a Class 4 misdemeanor. 2. That the effective date of this ordinance is January 1, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of .2012. APPROVED AS TO LEGAL SUFFICIENCY: r 's Office CA12331 R-3 August 20, 2012 H � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance authorizing the acquisition of property in fee simple for right-of-way for the Lesner Bridge Replacement Project (CIP 2-168), and the acquisition of temporary and permanent easements, either by agreement or condemnation MEETING DATE: August 28, 2012 Background: The City of Virginia Beach received Governor's Transportation Plan funding for the Lesner Bridge Replacement Project (CIP 2-168, VDOT Project Number 0060-134-756, UPC 97737) (the "Project") in July 2011 and was given approval to begin the right-of-way phase by the Virginia Department of Transportation on February 1, 2012. This Project will replace the existing Lesner Bridge with a signature facility that is capable of handling six lanes of traffic in the future. The proposed bridge will be striped for four lanes of traffic and include 10 -foot outside shoulders, 6 -foot inside shoulders and a 10 -foot sidewalk in each direction. The proposed bridge will be designed to provide a minimum of 45 feet vertical clearance and 150 feet horizontal clearance at the navigation channel span. The Lesner Bridge is nearing the end of its useful life. The existing bridge structure is currently rated as poor, and the structural integrity of the bridge may be compromised if corrective action is not taken. Without this Project, the existing structure may have to be posted for weight limits. ■ Considerations: Right-of-way and easements are required from ten (10) parcels. There are not expected to be any total acquisitions. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ■ Public Information: A Listening Tour was held on March 15, 2007; a Design Charette was held on November 7, 2007; a Citizen Information Meeting was held on February 9, 2009; and a Design Public Hearing was held on November 5, 2009. An advertisement of the public hearing was published in The Virginian -Pilot, Beacon. Advertisement of the City Council Agenda. ■ Alternatives: Approve the ordinance as presented, or deny the request and risk delaying the Project and potential loss of Governor's Transportation Plan funding for the Project. ■ Recommendations: Approve the ordinance. ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering P� City Manager: �5k � v;'t yld� 1' 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE LESNER 4 BRIDGE REPLACEMENT PROJECT (CIP 2- 5 168), AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT 7 EASEMENTS, EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for replacement of the Lesner Bridge to enhance safety by replacing 12 the aging bridge structure and to improve transportation within the City and for other 13 related public purposes for the preservation of the safety, health, peace, good order, 14 comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-91, et seg., and Title 21 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements, within the limitations and 23 conditions of Section 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), 24 as shown on the plans entitled "LESNER BRIDGE REPLACEMENT CIP No. 2-168" (the 25 "Project") and more specifically described on the acquisition plats forthe Project (plats and 26 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 27 Division, Department of Public Works, City of Virginia Beach, Virginia. 2s 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2012• CA12388 PREPARED: 8/8/12 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d001 \p012\00031417.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM W �. (� , V zo�� BLIC WORKS/REAL ESTATE CITY AwtokgsV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for the Burton Station Infrastructure Phase I Project, CIP 9-081.003 and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: August 28, 2012 ■ Background: The Burton Station Infrastructure Phase I Project, CIP 9-081.003 (the "Project") is a part of the Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation Plan, which was adopted by City Council on January 27, 2009 and is managed by the SGA Office. This strategic growth area is located in the northwestern part of the City, adjacent to the Norfolk International Airport, Little Creek Amphibious Base, Airport Industrial Park, and Interstate 64. Burton Station is an established, historic 100+ year old Virginia Beach community with many of the residents and their relatives having resided there for years. A major component of the planning process involved working with the residents and stakeholders of the Burton Station community to arrive at a clear understanding of public improvements for this neighborhood. Due to the serious existing infrastructure needs, the City proposes that this Project: (1) bring sewer and water to the residential homes, and (2) widen Burton Station Road. Currently Burton Station Road is very narrow and there are no sidewalks despite heavy pedestrian traffic. The Project will widen the road to make it a pedestrian friendly environment, improve the drainage, and update the existing public and private utilities. ■ Considerations: This Project will provide public sewer and water to properties along Burton Station Road. In addition, Burton Station Road will be widened between Northampton Boulevard and Tim Road, drainage will be improved, and it will be pedestrian friendly, aiding those who work and live in the area. Phase I of the Burton Station Road Improvements Project consists of 39 parcels that are privately owned. Of the 39 parcels, there will be 3 total acquisitions and 36 partial acquisitions. Negotiations with the property owners have begun; however, voluntary acquisition may not be possible for a number of property owners due to title issues. ■ Funding: The acquisitions will be funded by CIP 9-081.003 Burton Station Road Improvements Project, Phase I. ■ Public Information: Citizens Information meetings were held on March 14, 2011, August 4, 2011, and December 8, 2011. In addition, an advertisement of the public hearing was published in The Virginian -Pilot, Beacon. Advertisement of the City Council Agenda. ■ Alternatives: Approve the ordinance as presented, or deny the request for authority to acquire, by agreement or condemnation, the property associated with the Project. ■ Recommendations: Approve the ordinance. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate � AJC City Manager:js /� . PAP cn ®� •• ' :. /�► ��E�►� [ems .� IN OWN ,,�s��Qi N m �R ryq DIAMOND SPRINGS TO "e Y Vd, M 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE BURTON 4 STATION INFRASTRUCTURE PHASE 1 5 PROJECT, CIP 9-081.003 AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists to improve the public infrastructure in the Burton Station Strategic 12 Growth Area, including water, sewer and private utilities, stormwater drainage, 13 transportation, and for other related public purposes for the preservation of the safety, 14 health, peace, good order, comfort, convenience, and for the welfare of the people in the 15 City of Virginia Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF is VIRGINIA BEACH, VIRGINIA: 19 20 Section 1. That the City Council authorizes the acquisition by purchase or 21 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-91, et seq., and Title 22 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 23 simple, including temporary and permanent easements and entire tracts upon which such 24 rights of way or easements shall be located, within the limitations and conditions of Section 25 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 26 plans entitled "BURTON STATION SGA VIRGINIA BEACH, VIRGINIA PHASE 1 27 INFRASTRUCTURE, CIP NO. #9-081.003,"(the "Project") and more specifically described 28 on the acquisition plats for the Project (plats and plans collectively referred to as the 29 "Plans"), the Plans being on file in the Strategic Growth Area Office, City of Virginia Beach, 30 Virginia. 31 32 Section 2. That the City Manager is hereby authorized to make or cause to be 33 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 34 reasonable offer to the owners or persons having an interest in said Property. If refused, 35 or if the property owners are unable to convey clear title to the Property, the City Attorney is 36 hereby authorized to institute proceedings to condemn said Property. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 39 , 2012• CA12385 7/19/12 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d019\p013\00029361.doc APPROVED AS TO CONTENT PU IC WORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CI Y TORNEY +ter. x4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance declaring the property located at 124 Lavergne Lane (GPIN 2407- 64-8799) to be in excess of the City's needs and authorizing the City Manager to sell the property to Robert H. and Juanita M. Gordon. MEETING DATE: August 28, 2012 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 124 Lavergne Lane (the "Property") in October 2011 for $190,000. At the time of acquisition, the Property was improved with a duplex dwelling. The duplex has been demolished. Robert H. and Juanita M. Gordon (the "Gordons"), own the adjacent property at 116 Lavergne Lane. The Gordons propose to purchase the vacant lot (9,523 SF) located at 124 Lavergne Lane for $9,523 ($1/SF) and resubdivide the two properties into one residential lot. In 2009, the Gordons purchased 120 Lavergne Lane from the City and combined the lot with their existing residence. They use the additional yard area for landscaping and gardening. ■ Considerations: The property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the property and determined that it should be sold to adjoining property owners. The Gordons were the only adjoining owners that expressed interest in purchasing the Property. The sale to the adjoining owners would enhance the neighborhood and reduce density. This proposed sale would roll back density by two dwelling units. The Gordons' offer of $1 per square foot is consistent with previous excess City properties sold in the APZ-1 area that were not building sites. The Gordons will resubdivide the property and vacate the interior lot line at their expense. If the City retains the property, the City must pay to maintain the lot, an estimated annual cost of $630. ■ Public Information: ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Retain ownership of the Property. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. ■ Revenue restrictions: Further, that revenue from the sale of the Property in the amount of $9,523 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for the City Manager refunding the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $4,761.50 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ■ Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works I�D.� PAD City Manager: a - co w _.✓ t� �� z�� F C oD a g `� 4 0 G a�zz �7'�� J to M N n 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 124 LAVERGNE 3 LANE (GPIN 2407-64-8799) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO ROBERT H. AND 7 JUANITA M. GORDON 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 11 9,523 sq. ft. parcel of land located at 124 Lavergne Lane (GPIN 2407-64-8799) (the 12 "Property") more particularly described on Exhibit "A" attached hereto and made a part 13 hereof; 14 15 WHEREAS, the City acquired the Property pursuant to the APZ-1 16 Acquisition Program; 17 18 WHEREAS, the City funded the acquisition of the Property through a 19 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 20 contributing fifty percent (50%) of the funds; 21 22 WHEREAS, the Property is in the midst of other residences and at the 23 time of acquisition was improved with a duplex that has since been demolished; 24 25 WHEREAS, Robert H. and Juanita M. Gordon (the "Gordons") own the 26. adjacent property and they have requested to purchase the Property in order to utilize it 27 in a manner compatible with the APZ-1 Ordinance; 28 29 WHEREAS, the Gordons desire to purchase the Property in accordance 30 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 31 32 WHEREAS, the APZ-1 Disposition Committee has recommended that City 33 Council declare the Property to be in excess of the City's needs and sell the Property to 34 the Gordons; and 35 36 WHEREAS, the City Council is of the opinion that the property is in excess 37 of the needs of the City of Virginia Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the Property located at 124 Lavergne Lane (GPIN 2407-64-8799) is 43 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 44 City Manager is hereby authorized to execute any documents necessary to convey the 45 Property to Robert H. and Juanita M. Gordon in conformity with the Summary of 46 Terms attached hereto as Exhibit B and such other terms, conditions or modifications 47 as may be acceptable to the City Manager and in a form deemed satisfactory by the 48 City Attorney. 49 Further, that revenue from the sale of the Property in the amount of 5o $9,523 shall be received and appropriated to CIP #9-060, Oceana and Interfacility 51 Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for 52 the City Manager refunding the Commonwealth's portion in accordance with the grant 53 agreement. A manual encumbrance will be established to ensure that the $4,761.50 54 retained by the City will be available for BRAC program acquisitions in future years per 55 the agreement with the Commonwealth. 56 57 This ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 day of , 2012. CA12179 R-1 7/24/12 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d029\p014\00025989.doc APPROVED AS TO CONTENT r w C , sem O?jJblic Works APPROVED AS TO LEGAL SUFFICIENCY Citj At rney' Office APPROVED AS TO CONTENT Management Services EXHIBIT "A" GPIN• 2407-64-8799 (124 Lavergne Lane) All that certain lot, piece or parcel of land, lying, situated and being in the City of Virginia Beach (formerly Lynnhaven Magisterial District, of Princess Anne County), Virginia, and known as Lot numbered 25 on the plat entitled, "West Oceana Gardens, Princess Anne Co., Va., Plat for E. M. Tynes, June 1950," by W.B. Gallup, County Surveyor, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 25, at page 83, reference is hereby made to said plat for a more particular description of the said property. LESS AND EXCEPT all right, title and interest of the Seller 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 dated October 4, 2011 from Eugene Melvin Raines and Faye Davis Raines, Trustees of the Eugene Melvin Raines and Faye Davis Raines Revocable Living Trust Dated June 9, 1989, which deed was recorded in the aforesaid Clerk's Office on October 12, 2011 as Instrument number 20111012001050930. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 124 LAVERGNE LANE Seller: City of Virginia Beach Buyers: Robert H. and Juanita M. Gordon, husband and wife Property: 9,523 square feet of property generally known as 124 Lavergne Lane (GPIN: 2407-64-8799) Legal Description: See Exhibit "A" to Ordinance Sale Price: $9,523 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Buyers shall resubdivide the Property at their expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. 4 �i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring the Single-family Dwelling at 5405 Keystone Place Blighted and a Nuisance, Adopting a Plan to Demolish such Dwelling, and Transferring $14,500 from Reserve for Contingencies to the FY2012-2013 Operating Budget of the Department of Housing and Neighborhood Preservation. MEETING DATE: August 28, 2012 ■ Background: Section 16-39(i) of the City Code, entitled "Spot Blight Abatement," authorizes the City to declare blighted property a nuisance and authorize the abatement of such nuisance. The Department of Housing and Neighborhood Preservation has identified the single- family dwelling at 5405 Keystone Place (the "Dwelling") as blighted and issued a notice of this determination to the property owner and to the mortgage company in May of this year. Neither the owner nor the mortgage company has submitted a reasonable plan for curing the blight. Staff has prepared the attached Spot Blight report. The city's plan is to abate the nuisance by demolishing the Dwelling. The blighted condition of the Dwelling has existed for at least seven months and is ongoing. The attached Spot Blight report provides additional detail regarding the condition of the Dwelling and the process which has been followed in bringing this matter before the City Council. ■ Considerations: As noted in the attached report, the Dwelling was determined to be unsafe on 1/18/12, as it was vacant and unsecured. Code Enforcement has issued 14 notices of violation and initiated court action against the property owner. The property owner has failed to bring the Dwelling into compliance, the Dwelling is an attractive nuisance, the interior has been completely destroyed and is uninhabitable and exterior code violations remain. Staff made the initial determination that this single-family dwelling met the criteria for blight, and is bringing the issue to the City Council for final disposition. Based on the circumstances surrounding the Dwelling and the owner's failure to respond to date, staff is recommending demolition of the Dwelling. ■ Basic Information about the Property Assessed Value: $211,900 ($85,100 land; $126,800 building) Appraised Value: $148,000 (this value takes into consideration the current condition of the property) Estimated Cost of Repairs: $55,000 Delinquent Taxes Due: $0 Liens Due: $1130 ■ Public Information: This Spot Blight Ordinance has been advertised in the local newspaper; in addition, notices have been sent to the property owner and the mortgage company. ■ Alternatives: Council may authorize staff to go forward with this plan for the disposition of the Dwelling, either in its present form or as modified by the City Council, or decline to grant such authority. ■ Recommendations: Approval of the attached ordinance, which will affirm the staff's determination that the Dwelling is blighted and constitutes a nuisance, authorize the demolition of the Dwelling and appropriate the funds needed for demolition and abatement. ■ Attachments: Spot Blight Report — 5405 Keystone Place Ordinance Recommended Action: Ap Submitting Department/Agenc y: De$ak hent of Housing and Neighborhood Preservation City Manager -.<Z" ' 1 AN ORDINANCE DECLARING THE SINGLE-FAMILY 2 DWELLING AT 5405 KEYSTONE PLACE BLIGHTED AND 3 A NUISANCE, ADOPTING A PLAN TO DEMOLISH SUCH 4 DWELLING, AND TRANSFERING $14,500 FROM 5 RESERVE FOR CONTINGENCIES TO THE FY 2012-2013 6 OPERATING BUDGET OF THE DEPARTMENT OF 7 HOUSING AND NEIGHBORHOOD PRESERVATION 8 9 10 WHEREAS, property located at 5405 Keystone Place (the "Property"), in the City 11 of Virginia Beach contains a single-family dwelling (the "Dwelling"); and 12 13 WHEREAS, the Dwelling has been the subject of numerous Property 14 Maintenance Code violation notices, and the owner thereof has failed to remedy such 15 violations or to maintain the Dwelling; and 16 17 WHEREAS, the Dwelling has been determined to be unsafe and unfit for human 18 habitation since January 2012; and 19 20 WHEREAS, the Dwelling constitutes a "blighted property" within the meaning of 21 Virginia Code Section 36-3; and 22 23 WHEREAS, the Department of Housing and Neighborhood Preservation, as the 24 designee of the City Manager, has made a preliminary determination that the Dwelling 25 is blighted and has notified the owner by letter dated May 30, 2012 of such 26 determination and the reasons therefor, to -wit: 27 28 1. The Dwelling has been boarded and vacant for at least three (3) 29 months, 30 31 2. The Dwelling has been the subject of documented complaints; 32 33 3. The Dwelling continues to be in violation of the Property 34 Maintenance Code; and 35 36 4. The Dwelling is dilapidated and uninhabitable; and 37 38 WHEREAS, the Owner of the Dwelling has failed to cure the blight or present a 39 reasonable plan to do so; and 40 WHEREAS, the Department of Housing and Neighborhood Preservation has 41 presented a plan for the repair or other disposition of the Dwelling, to -wit: that it should 42 be declared blighted and a nuisance and thereafter demolished; 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 45 OF VIRGINIA BEACH, VIRGINIA: 46 47 1. That the Dwelling located at 5405 Keystone Place is declared to be a 48 blighted property, in that it endangers the public's health, safety and welfare because it 49 is dilapidated, deteriorated and violates minimum health and safety standards, in 50 accordance with Virginia Code Section 36-49.1:1; 51 52 2. That the Dwelling is hereby declared to be a nuisance and, in accordance 53 with the plan presented by the Department of Housing and Neighborhood Preservation, 54 shall be demolished; 55 56 3. That the cost of such demolition shall be a lien on the Property, bearing 57 interest at a rate of six (6) percent per annum; and 58 59 4. That $14,500 is hereby transferred from Reserve for Contingencies to the 60 FY2012-2013 Operating Budget of the Department of Housing and Neighborhood 61 Preservation. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 64 of , 2012. 65 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Depa*Preservation g and Department of Management ervices Neigh r APPROVED AS TO LEGAL Su - City Attorney CA12370 R-2 August 15, 2012 2 CITY OF VIRGINIA BEACH Spot Blight Report 5405 Keystone Place City Council August 28, 2012 Staff: Andrew Friedman, Dept. of Housing and Neighborhood Preservation Wells Freed, DHNP Code Enforcement LOCATION: 5405 Keystone Place LEY DO � h 80 HIDDEN MLEY J 14Er�Ci SDVM Ar d I HIDDEN NMLEi 1+1890170244000 Location and General Information ay am I EYgTME PL � 1+161501 0000 91%5 KE E PL 1 1' M M W 4 1 HIDDEUG#IALJ.EYDR Sam KE EPPL 1495%17 18501 4�r '11 1849 HIDMil MILEYDIR MARCIADT 'S' r-G��1lA • BE'A r; ,2 CITY OF VIRGINIA BEACH Spot Blight Report — 5405 Keystone Place Page 1 of on NN ; .,• 47 Kempsville Rd Centerville Tpke INV0 CHARLESTOWN CITY OF VIRGINIA BEACH J. Spot Blight Report — 5405 Keystone Place Page 2 Property Information GPIN 14650180660000 OWNER LEMEISHA T. FITZGERALD COUNCIL Centerville ELECTION $85,100 DISTRICT $126,800 SITE SIZE 7,700 Square feet EXISTING LAND Single-family residential USE $1130 SURROUNDING North — Single-family residential LAND USE AND East — Single-family residential ZONING South — Single-family residential and commercial West — Multi -family residential and commercial The Charlestown Lakes subdivision is located off of Kempsville Rd and Centerville Turnpike AICUZ N/A Key Facts — 5405 Keystone Place Date Determined Unsafe 1/18/2012 Number of Code Enforcement Notices Issued 14 Assessed Value as of July 1, 2012 $211,900 Land Value $85,100 Building Value $126,800 Appraised Value Based on Current Condition $148,000 Liens Due $1130 Estimated Repairs Needed $55,000 CITY OF VIRGINIA BEACH Spot Blight Report — 5405 Keystone Place Page 3 n summary of Proposa' This property is the subject of possible action under the "spot blight authority," Section 16-39 of the City Code. It is being recommended for action due to its condition, the responsible party's ongoing failure to bring the property into compliance, and to restore the structure to a habitable condition. Under the process required by the City Code, City Council must hold a public hearing, determine that the property meets the definition of "blighted property" and that the owner/responsible party has failed to remedy or present a plan sufficient to remedy the blight. "Blighted property" is defined as follows under city code 16-39(b): [A]ny individual commercial, industrial, or residential structure or improvement that endangers the public's health, safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, or any structure or improvement previously designated as blighted under the process for determination of "spot blight". The principal structure on the property, a single-family dwelling, was determined to be unsafe on 1/18/2012, as it was vacant and open. The Department of Housing and Neighborhood Preservation (DHNP) / Code Enforcement Division has issued 14 notices of violation, including 7 property maintenance notices and 5 notices for exterior code violations. Court action was initiated against the former property owner in 2011; however, this proved to be ineffective and the case was closed. The initial notice in the spot blight process was issued on 5/30/2012, notifying the property owner and the mortgage company that they must present a plan to correct blighted conditions within thirty days. To date, there has been no response to this notice. A copy of this report, the proposed ordinance, and the Council agenda request was mailed to the property owner and the mortgage company on August 16, 2012, and revised copies were mailed by Express Mail on August 21, 2012. Major Issues Plan for Use of Property — Should City Council determine that this the single-family dwelling on the property meets the necessary criteria under the Spot Blight Ordinance, the recommended action is demolition of the dwelling. Recommended Action — Demolition: In lieu of acquisition, under Section 16-39 (i) City Council may declare the property to be blighted and to constitute a nuisance, and have the structure removed. The actual demolition costs to the city would be charged to the property owner of record and a lien placed against the property to ensure funds are recovered. CITY OF VIRGINIA BEACH Spot Blight Report — 5405 Keystone Place Page 4 Results: The blighted structure will be removed, and the property will remain under ownership of the current owner. Considerations: The cost of demolition will be placed as a lien against the property. There is a risk that this cost may not be recoverable in the near term. Staff will coordinate with the City Treasurer to assume collection of funds. Post Demolition Results Ownership Structure Occupancy Cost and Outcome Advertising, legal, appraisal and holding costs Condition Title search, appraisal, etc. Issues Remains Private Demolished Vacant lot Mid-range cost option; Additional abatement and demolition assessment costs Total Project Cost $14,500 costs likely to be recovered Costs Item Amount Explanation Advertising, legal, appraisal and holding costs $ 2,000 Title search, appraisal, etc. Estimated demolition cost $10,000 Contingency for unanticipated expenses $ 2,500 Additional abatement and demolition assessment costs Total Project Cost $14,500 Requested Action It is requested that City Council make the following determinations: 1. That the principal structure (single-family dwelling) located on the property is blighted. The property meets the criteria for blight as outlined in the Spot Blight Ordinance. • This property has been vacant for over 1 year • This property has been the subject of 14 code enforcement notices in the past 1.5 years • The structure is in poor condition. Code violations remain on the exterior and the interior has been completely destroyed. The property is an eyesore to the neighborhood. • The property owner owes $1130 in liens to the Department of Housing and Neighborhood Preservation for contractual nuisance abatement processes. CITY OF VIRGINIA BEACH Spot Blight Report — 5405 Keystone Place Page 5 2. That the owner or responsible party has failed to cure the blight and has failed to present a reasonable plan to do so. A notice of the Spot Blight Abatement was issued on 5/30/2012. The notice stated that they must present a plan to correct blighted conditions within thirty days. To date, no plan has been presented. Demolition: 1. The city would issue an RFP to have the structure demolished and place a lien against the property to recover the cost of the demolition. 2. The current property owner would retain ownership of the property and the city will attempt recover all costs associated with the demolition through collection efforts by the City Treasurer or at which time the property is sold. Recommendation: Authorize staff to carry out demolition action. Authorize the transfer of $14,500 to DHNP operating budget to carry this out. Exhibits Attachments: Photographs of the subject property CITY OF VIRGINIA BEACH Spot Blight Report — 5405 Keystone Place Page 6 XeNt r G�N�A�.BFAC�� CITY OF VIRGINIA BEACH 7 Spot Blight Report — 5405 Keystone Place y Page 8 CITY OF VIRGINIA BEACH Spot Blight Report — 5405 Keystone Place Page 9 CITY OF VIRGINIA BEACH Spot Blight Report — 5405 Keystone Place Page 10 OLP, NA", - r `�xN1A BEq��I, f �L) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the Clerk of the Circuit Court to Provide Funding for the Electronic Recording System Maintenance Contract MEETING DATE: August 28, 2012 ■ Background: In the past, the Clerk of the Circuit Court collected revenue from copying charges and used it to reimburse copying expenses with excess revenues remitted to the State. In July 2007, the General Assembly increased the reach of copying charges and reimbursable expenses by including electronic records. This change allows copying charges to be used to pay the maintenance contract of the Clerk's electronic recording system, which includes the Land Record System, and the Case Management System. ■ Considerations: The Clerk of the Circuit Court requests an appropriation of $75,000 collected through copying charges and other charges related to electronic records. These funds will be used to cover a portion of the expenses associated with the Clerk's electronic recording system. ■ Public Information: Public information will be coordinated through the normal Council Agenda process. ■ Recommendation: Appropriate funds to the Clerk of the Circuit Court's FY 2012-13 Operating Budget. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager: 1�-�► 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 CLERK OF THE CIRCUIT COURT TO PROVIDE FUNDING 3 FOR THE ELECTRONIC RECORDING SYSTEM 4 MAINTENANCE CONTRACT 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $75,000 of revenue from copying charges is hereby appropriated, with 8 estimated revenue increased accordingly, to the FY 2012-13 Operating Budget of the Clerk 9 of the Circuit Court for maintenance costs of the electronic recording system. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT '5" a, ILuo& — Management Services CA12371 R-1 August 15, 2012 APPROVED AS TO LEGAL SUFFICIENCY: �I J r y' Office S* ,,AIA ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and Transfer Reserve Funds for the Purchase of Defibrillators and Related Equipment for Ambulances MEETING DATE: Auaust 28. 2012 ■ Background: The General Assembly established the Four -for -Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code 46.2-694, the Four -for -Life program collects four additional dollars on each state automobile license purchased annually. Twenty-five percent of these funds collected are returned to the localities through the Rescue Squad Assistance Fund Grant Program. These funds are shared among volunteer rescue squads, career medics, and firefighters to increase medical proficiencies and to enhance training and equipment. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services a Rescue Squad Assistance Fund grant of approximately $32,948 to purchase two 12 -lead LifePak15 defibrillators and associated medical equipment. A local match is required, and it accounts for 50% of the cost to acquire these defibrillators. The Lifepak 15 defibrillators will be used to replace 2 of the original 12 lead LifePak12 defibrillators. The LifePak12 machines are at or closely nearing the end of their life cycle. These machines will be rotated to second -run ambulances until they are no longer serviceable. ■ Considerations: The State Four for Life funds are strictly governed by state law and may be used to purchase additional or enhanced equipment or training needs. The funds may not be use to off -set or supplant current services. The funding for the local grant match of $32,948 is available in the General Fund Reserve for Contingencies. As of July 31, 2012, the balance in the General Fund Reserve for Contingencies is $1,040,572 ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve the attached appropriation and transfer. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER RESERVE FUNDS FOR THE PURCHASE OF DEFIBRILLATORS AND RELATED EQUIPMENT FOR AMBULANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $32,948 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2012-13 Operating Budget of the Department of Emergency Medical Services for costs of replacement defibrillators and related equipment; and 2) $32,948 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2012-13 Operating Budget of the Department of Emergency Medical Services to provide the required local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of )2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA12367 R-1 August 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: J r y s Office NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, August 28, 2012, at 6:00 p.m., at which time the following applications will be heard: LYNNHAVEN DISTRICT City Of Virginia Beach Application: Street Closure at the Southern portion of Old Norfolk to Virginia Beach Road (Adjacent GPIN 1487958744). World Famous Ink/3509 Va Beach Blvd LLC Application: Conditional Use Permit for a tattoo parlor, body piercing and permanent make-up establishment at 3509 Virginia Beach Blvd (GPIN 1487648360). CITY OF VIRGINIA BEACH Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July 2012, and revising the Policy Document. Ordinance to amend Sections 111, 203, 901, and 1521, repeal Section 233.3, and add Section 239.03 of the City Zoning Ordinance, defining the term "Open -Air Markets," deleting the term "Flea Markets," adding Open -Air Markets and deleting Flea Markets as Conditional Uses in the B- 2, B-3, B -3A, B-4, B -4C, and RT -3 Districts and establishing off-street parking requirements for Open -Air Markets. BAYSIDE DISTRICT Royal Auto Sales, L.L.C./MAH Development, L.L.C. Application: Modification of Conditions at 4928 Virginia Beach Boulevard (GPIN 1477152473). BEACH DISTRICT. Grace Bible Church application: Modification of Conditions at 2956 Ansol Lane (GPIN 1497137848). Stihl Incorporated Application: Conditional Use Permit for a wind energy conversion system at 825 London Bridge Road (GPN 1496930966) 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 hltn:;'%1,wwy' t'S9L"it2 For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Beacon August 12 & 19, 2012 23150983 K. PLANNING 1. Application of ROYAL AUTO SALES, L.L.C./MAH DEVELOPMENT, L.L.C. for Modification of Conditions Nos 1 and 6 (approved November 25, 2003) to allow additional vehicles "for sale" at 4928 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 2. Application of GRACE BIBLE CHURCH for Modification of Conditions Nos 1 and 2 (approved April 24, 2007, and modified May 25, 2010) to allow a tent at 2956 Ansol Lane DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of STIHL INCORPORATED for a Conditional Use Permit re wind energy conversion system at 825 London Bridge Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 4. Application of WORLD FAMOUS INK/3509 VA BEACH BLVD LLC for a Conditional Use Permit re a tattoo parlor, body piercing and permanent make-up establishment at 3509 Virginia Beach Blvd DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 5. Applications of the City of Virginia Beach to AMEND: a. The Comprehensive Plan re the Hilltop Strategic Growth Area Master Plan (July 2012) and REVISING the Policy Document RECOMMENDATION APPROVAL b. Sections 111, 203, 901 and 1521, REPEAL Section 233.3 and ADD Section 239.03 of the City Zoning Ordinance (CZO), DEFINING "Open -Air Markets," DELETING the term "Flea Markets," ADDING Open -Air Markets and DELETING Flea Markets as conditional uses in the B-2, B-3, B -3A, B-4, B -4C and RT -3 Districts and ESTABLISHING off-street parking requirements for Open -Air Markets RECOMMENDATION APPROVAL c. A Street Closure of a portion of Old Norfolk to Virginia Beach Boulevard right-of-way (also known as North Lynnhaven Road) RECOMMENDATION APPROVAL IMES gill di ��■� i . ■S Isms ■0 NO �I' ■"iceoil Room NMI i ■r■ice i Udi i low 11 I■lire � oil 11 fr--■�■l!.M7 - IIILTa 111■ ��*i■ � �7 � i U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROYAL AUTO SALES, L.L.C./MAH DEVELOPMENT, L.L.C., Modification of Conditions, 4928 Virginia Beach Boulevard (GPIN 1477152473). BAYSIDE DISTRICT. MEETING DATE: August 28, 2012 ■ Background: A Conditional Use Permit permitting motor vehicle sales and service for the subject site was approved by the City Council on November 25, 2003. The applicant is requesting a modification to Condition 6 of the use permit: The site is limited to no more than 21 vehicles for display or sale. Vehicles shall be parked within the designated areas, and no vehicles shall be parked or displayed within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. The number of vehicles currently displayed for sale exceeds the 21 allowed by the Use Permit, and the applicant has been cited by Zoning Inspections as being in violation of this condition. ■ Considerations: The purpose of the applicant's requested modification is to allow the applicant to exceed the 21 vehicles that the Use Permit currently allows on the site. The application as originally submitted and as considered by the Planning Commission requested up to 35 motor vehicles for sale on the site. The applicant did not submit a site plan that details how that increase in the number of vehicles on the site would be displayed. Staff visited the site in April, and the applicant advised staff he wanted to angle the parking along the east side of the site, display more vehicles along the front of the site, and display more under the canopy of the building. The previous owner of this site developed it for display of 21 vehicles, and the site complied with drive -aisle widths for two-way traffic. Staff determined that adding 14 additional vehicles to the site would create an unsafe condition, which was confirmed when staff visited the site. In particular, maneuvering through the site was difficult. Royal Auto Sales, LLC/MAH Development, LLC Page 2of4 There was no opposition to the request. ■ Recommendations: The Staff recommended denial of the request to the Planning Commission, and the Planning Commission, passing a motion by a recorded vote of 10-0, recommend denial of this request to the City Council. After the Planning Commission hearing, the applicant contacted staff with a new proposal for the addition of 10 spaces, rather than the 14 originally proposed. The applicant submitted a site plan (attached to this document) showing the conversion of four of the seven employee parking spaces at the rear of the site to vehicle display spaces, as well as the use of the space under the building canopy for six vehicle display spaces. Staff finds that this proposal is acceptable, as it will not result in encroachment of vehicles being displayed into drive aisles or significantly reduce maneuverability on the site. Additionally, the applicant and two other individuals are the total number of employees; so, the remaining three employee parking spaces are sufficient and meet the requirements of the Zoning Ordinance. Staff, therefore, recommends approval of the revised plan with the conditions below. All conditions, with the exception of Conditions 1 and 6 of the November 25, 2003 approval remain in effect. 2. Condition Number 1 is deleted and replaced with the following: The site shall be developed in substantial conformance with the submitted exhibit "Auto Source", originally prepared by PHRA, and as revised August 6, 2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. Condition number 6 is deleted and replaced with the following: The site is limited to no more than 31 vehicles for display or sale. Vehicles shall be parked within the areas designated on the site plan described in Condition 1. Display areas shown on the site plan shall be clearly marked on the pavement of the site. No vehicles shall be parked or displayed within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Royal Auto Sales, LLC/MAH Development, LLC Page 3of4 Recommended Action: Planning Commission recommended denial of the original proposal. Staff recommends approval with conditions of the plan as revised after the Planning Commission Hearing. Submitting Department/Agency: Planning Department/ " City Manager: k.� it Royal Auto Sales, LLC/MAH Development, LLC Page 4 of 4 SITE PLAN FOR "AUTO SOURCE," ORIGINALLY PREPARED BY PHRA, AND AS REVISED AUGUST 6. 2012. 4 Proposed Display 6 Display Spaces ,GREEN SPACE OYP} OCE SKATWG M Min7 r � a � h i GAMY 4t0TORS (AUTO SALES) 24.&- - 10 Display :a. • 4.00• 1,iw d AVID o DETAIL01 SPACE Spaces r Oi6 J 6 Proposed 5:Pz' 21.00' llk7iG NEIG1Tf - 21 f1. DlsplaY AUTO souRcE � nor AREA - 0s3 ACRES n 3.463 SF (TOTAL) m in jVpERv0JS ARES - 0.35 ACRES IL RECEPTION,=<.r y RLYLRRE LOUNGE AND OFFICES = i 1 SPACE/900 SF 3-9 SPACES J ? PROPOSED PARKWG: a :r�:x t:..:• 4-CVSTDk1ER '...... 7 -EMPLOYEE h C:,"CCS"`M. C" ::• ' 21 -DISPLAY ::SSC'.%" CCaCS'sCCCCS • M„ .....::7:::SC Q v )CSS :(;'`•CSCCx:C CR£F)J SPACE: 1 I :E)xx :C9C • :e:: - REQUIRED- 738.24sf I PROVIDE -813.675f Ll 0 —J F To' STREET FTMW LX REGUMED 50.00' .c 000 0 00, ®� 0: 5 Display ,, r Spaces SHORE JJN,PER 0014*MM confeda) •, - - - _ _ EX,STING CANCRETE' ETRRANCE 17 EACH (rouNOAT,DN REwnmENT) � I , (170' R/Rj SCALE D 25' 50' SAY -S! PE _ _ 1-7 RoN,al Auto Sales, LLU AUU-6 i' 1R .9 - AJA 7. B2 a 3 � - z o ` B3 — a VIRGINIA BEACH BLVD fV, I I 3 B2 62 . r"Acsr 63 ModUkadon o(Condidons July 11, 2012 Public Hearing APPLICANT• ROYALAUT SALES, LL PROPERTY OWNER: MA DEVELOPMENT LL STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit for Motor Vehicle Sales — approved by the City Council on November 25, 2003 ii ADDRESS I DESCRIPTION: 4928 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14771524730000 BAYSIDE 22,902 square feet Less than 65 d6 DNL SUMMARY OF REQUEST A Conditional Use Permit permitting motor vehicle sales and service was approved by the City Council on November 25, 2003. The applicant is requesting a modification to Condition 6 of the use permit: The site is limited to no more than 21 vehicles for display or sale. Vehicles shall be parked within the designated areas, and no vehicles shall be parked or displayed within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. The purpose of the applicant's requested modification is to allow the applicant to exceed the number of vehicles the current Use Permit allows on the site. Specifically, the applicant desires to display up to 35 motor vehicles for sale on the site, which is 14 more than what the Use Permit allows.. The applicant did not submit a site plan that details how the increase in the number of vehicles on the site would be displayed. Staff visited the site in April, and the applicant advised staff he wanted to angle the parking along the east side of the site, display more vehicles along the front of the site, and display more under the canopy of the building. ROYAL AUTO SALES, LLC Agenda Item 7 Page 1 off"" The existing Conditional Use Permit has nine conditions: 1. The site shall be developed in substantial conformance with the submitted exhibit "Auto Source", prepared by PHRA. Said plan has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The building shall be constructed in substantial conformance with the submitted elevation titled "Proposed Auto Sales Building for Car Source, Virginia Beach, Virginia". Said elevation has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The street frontage screening, interior coverage landscaping, and foundation screening shall be in conformance with the Site Plan Ordinance, Section 5A. The applicant shall protect the existing 42 -inch oak tree during the construction process. If the tree is damaged during construction or removed from the site the applicant shall replace the canopy cover with a minimum of five (5) 2 inch to 2-1/2 inch caliper trees as specified in the City of Virginia Beach Landscaping Guide for parking lots. Category I screening shall be installed along the perimeter of the site on the north, east and west property lines. 4. The site shall be permitted a monument style freestanding sign, no more than eight (8) feet in height, and two building signs, in accordance with the City Zoning Ordinance. There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows or doors, light poles, or any other portion of the site. 5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 6. 6. The site is limited to no more than 21 vehicles for display or sale. Vehicles shall be parked within the designated areas, and no vehicles shall be parked or displayed within any portion of the public right-of-way. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 7. All automobile detailing shall be performed within the building. 8. No outside paging system shall be permitted. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Outdoor lighting fixtures shall not be erected any higher than 14 feet. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Motor vehicle sales and service SURROUNDING LAND North: . Skating rink / B-3 Central Business District USE AND ZONING: South: . Virginia Beach Boulevard / B-3 Central Business District East: . Motor Vehicle sales and service / B-3 Central Business District West: . Motor Vehicle sales and service / B-3 Central Business District NATURAL RESOURCE AND The site is completely developed. There are no known significant natural CULTURAL FEATURES: or cultural resources on the site. COMPREHENSIVE PLAN: Pembroke Strategic Growth Area (SGA) Central Village District The Pembroke Strategic Growth Area (SGA) is a 1200 acre tract of land generally bound by Thalia ROYAL AUTO 'SALES;,`tLC Agenda Item 7 Page 2 Creek to the east, Jeanne and Broad Streets to the north, Clearfield and Baxter Roads to the south. For the most part, this SGA reflects a classic suburban pattern of development. It includes some residential and institutional uses, but is dominated by commercial and industrial uses. An exception is Town Center. This vibrant, mixed-use urban center has established itself as a special destination within Virginia Beach and the larger metropolitan area. The Pembroke SGA 4 Implementation Plan describes and provides planning policies for six subareas, as shown on the Urban Master Plan / Districts Map. These include the Central Business District's, Core Area Bonney Area and Waterfront Area. It also encompasses the Central Village District, Western Campus District and Southern Corporate District. The Central Village District, generally bound by 1-264, Kellam Road, Broad Street and Witchduck Road, is currently dominated by a wide range of light industrial uses, trade supply shops, auto oriented businesses and commercial uses This district should emerge as an eclectic, mid to low rise mix of commercial and urban -residential uses. This area will include live -work, loft, and row -house residential buildings as well as smaller mixed-use commercial buildings. This area should emerge as a focus of social and economic activity with a diverse multicultural neighborhood that includes a mix of residential and complementary commercial uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is an existing motor vehicle dealership on the north side of Virginia Beach Boulevard. It has a single right-in/right-out access point that is only 25 feet wide at the property line, rather than the 30 feet required by Public Works Standards for new commercial entrances. Virginia Beach Boulevard is a fully built -out eight -lane major arterial and there are no CIP projects on Virginia Beach Boulevard. WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends denial of this requested modification. The existing use is acceptable as an interim use for the Pembroke SGA 4 Central Village district; however, increasing the intensity of the use is not acceptable. The vision for the area is to consolidate parcels and develop uses that conform to the Comprehensive Plan recommendations. The previous owner of this site developed it for display of 21 vehicles, and the site complied with drive -aisle widths for two-way traffic. The site as developed has a right -in / right -out only access, 25 feet in width, to Virginia Beach Boulevard. Angling of the parking spaces, as proposed by the applicant, will narrow the drive -aisle ROYAL AUTO SALES, SLC Agenda Item 7 Paje 3 Street Name Present Volume Present Capacity Generated Traffic TRAFFIC: Virginia Beach Boulevard 32,000 ADT 54,240 ADT No Significant Change WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends denial of this requested modification. The existing use is acceptable as an interim use for the Pembroke SGA 4 Central Village district; however, increasing the intensity of the use is not acceptable. The vision for the area is to consolidate parcels and develop uses that conform to the Comprehensive Plan recommendations. The previous owner of this site developed it for display of 21 vehicles, and the site complied with drive -aisle widths for two-way traffic. The site as developed has a right -in / right -out only access, 25 feet in width, to Virginia Beach Boulevard. Angling of the parking spaces, as proposed by the applicant, will narrow the drive -aisle ROYAL AUTO SALES, SLC Agenda Item 7 Paje 3 widths; reducing the aisle width will result in one-way traffic on the site, which due to the location and size of the building on the site, will make maneuvering a vehicle on the site difficult, creating an unsafe situation. Staff's visit to the site confirmed these observations. In particular, maneuvering through the site was difficult. In sum, Staff cannot support this request, and accordingly, recommends denial. ROYAL AUTO SALES; SLC Agenda Itekm 7 Page 4 B_road-street 4 F sa Virginia Beach Blvd -� ej- u.• g Potodac t• - u _ _ n Ma :, N� •'�aT Yr w ICELAND (ICE SKATWC RINK) i' • : . 1 I - / � 24. • r 4.00 AUTO g o DEUR $ y o m SPACE d 21.00... AUTO SOURCE 'ntl 3.463 SF (TOTAL) RECEPTION. 1 LOONOE AND OFFICES 50,83, •;,�. y 101 STREET FRONVL( REOIARED 50.60' a 000 �� 1/®•..... ..II��. 0. SNORE AJtETPFR (SUNp4rm eaAufa) - ^_- cxanNO CONCRETE DORANCE t7 FAf7I (Ft%1NIAATION REOIIIREIENT) - .. a VRONA BEACH BOULEVAM (170' RM SX( 25' SITE PLAN APPROVED WITH 2003 USE PERMIT (Applicant did not submit a plan for current request of display of 35 vehicles) ROYAL AUTO SALES, LLC Agenda Item 7, N/F FAluIY MOTORS (AUTO SALES) Page 6 ", - SAVE TREE (5 TREE CRED,7) rs Oma` fti, E W DNAG IIEIGM - 21 FT. ' --t•-� LOT AREA - 0.53 ACRES OAPERNOUS ARES - 0.35 ACRES ¢3 c = i P!aR/ARKS!-: 1 SPACE/900 S - 3.8 SPACES • 0 � p i PROPOSED PA:tKINc: 4-CUSIONFA ' c 7-DAKOYEE 21-01SPLAY ORIM4 SPACE: REOIARED- 736.24ad PROVIDED-IIIM70 •;,�. y 101 STREET FRONVL( REOIARED 50.60' a 000 �� 1/®•..... ..II��. 0. SNORE AJtETPFR (SUNp4rm eaAufa) - ^_- cxanNO CONCRETE DORANCE t7 FAf7I (Ft%1NIAATION REOIIIREIENT) - .. a VRONA BEACH BOULEVAM (170' RM SX( 25' SITE PLAN APPROVED WITH 2003 USE PERMIT (Applicant did not submit a plan for current request of display of 35 vehicles) ROYAL AUTO SALES, LLC Agenda Item 7, Page 6 ", rs Oma` fti, E BAYSI DE 1Vtan E-7 Q 0 Roval Auto Sales, LLC Zoning with Conditions.Proffers, Open Space Promotion or PDH -2 Overlays VIRGINIA ZONING HISTORY 0 Modification of Conditions # DATE REQUEST ACTION 1 11/25/03 CONDITIONAL USEPERMIT (MOTOR VEHICLE SALES APPROVED AND SERVICE 2 10/14/11 CONDITIONAL USE PERMIT -- MODIFICATION PENDING 3 11/28/06 MODIFICATION r 11/09/04 CONDITIONAL USE PERMIT (AUTOMOTIVE REPAIR) APPROVED 1/23/89 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE) 4 2/1/02 CONDITIONAL USE PERMIT (AUTOMOTIVE REPAIR & APPROVED �111111�� CARWASH 5 8/95 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE) 7/68 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & SERVICE 6 6/28/05 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED Zoning with Conditions.Proffers, Open Space Promotion or PDH -2 Overlays VIRGINIA ZONING HISTORY 0 Modification of Conditions # DATE REQUEST ACTION 1 11/25/03 CONDITIONAL USEPERMIT (MOTOR VEHICLE SALES APPROVED AND SERVICE 2 10/14/11 CONDITIONAL USE PERMIT -- MODIFICATION PENDING 3 11/28/06 MODIFICATION APPROVED 11/09/04 CONDITIONAL USE PERMIT (AUTOMOTIVE REPAIR) APPROVED 1/23/89 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE) 4 2/1/02 CONDITIONAL USE PERMIT (AUTOMOTIVE REPAIR & APPROVED CARWASH 5 8/95 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE) 7/68 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & SERVICE 6 6/28/05 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE 7 4/13/10 CONDITIONAL USE PERMIT (AUTOMOTIVE REPAIR) APPROVED 8 11/9/04 CONDITIONAL USE PERMIT (FUEL SALES) APPROVED ROYAL AUTO SALES, LLC Agenda Item 7 Page 7 0c SNS 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) NGC p (�J�,�.✓1 o m�b•l 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F]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,bfficers, members, trustees, partners, etc. below: (Attach list if necessary) . ti ,r arc �s t r Ml 0 05 C_ 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No R If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 713107 DISCLOSURE STATEMENT ROYAL AUTO `SALES; LC Agenda Itlm 7 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. LLC - A, IU;>n G�Llxn ppilliicar>.t's igna r LLC Print Na rde rA 189 1'�� ✓ S h q o rty Owner's Signature (if different than applicant) Print Na eT /YIdusA. L". 2r Modification of Conditions Application Page 11 of 11 Revised 7/3/2007 DISCLOSURE STATEMENT ROYAL AUTO SALES, LLC Agenda Item 7 Page 9 Item #7 Royal Auto Sales, L.L.C. Modification of a Conditional Use Permit 4928 Virginia Beach Boulevard District 4 Bayside July 11, 2012 REGULAR An application of Royal Auto Sales, L.L.C. for a Modification of a Conditional Use Permit for motor vehicle sales approved by City Council on November 25, 2003 on property located at 4928 Virginia Beach Boulevard, District 4, Bayside. GPIN: 14771524730000. The existing use is acceptable as an interim use for the Pembroke SGA 4 Central Village district; however, increasing the intensity of the use is not acceptable. The vision for the area is to consolidate parcels and develop uses that conform to the Comprehensive Plan recommendations. The previous owner of this site developed it for display of 21 vehicles, and the site complied with drive -aisle widths for two- way traffic. The site as developed has a right -in / right -out only access, 25 feet in width, to Virginia Beach Boulevard. Angling of the parking spaces, as proposed by the applicant, will narrow the drive -aisle widths; reducing the aisle width will result in one-way traffic on the site, which due to the location and size of the building on the site, will make maneuvering a vehicle on the site difficult, creating an unsafe situation. Staff's visit to the site confirmed these observations. In particular, maneuvering through the site was difficult. A motion to deny the application was made by Commissioner Rucinski and was seconded by Commissioner Ripley. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE Item #7 Royal Auto Sales, L.L.C. Page 2 RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON By a vote of 10-0, the Commission denied item 7. ABSENT Brett Thompson appeared before the Commission on behalf of the applicant. �r. 0 W fy. 1. O 0 n 0 CL 0 .t in IJ mq� md md ow s eau �y� ro �, Sj44q., .J lti`w��J CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: GRACE BIBLE CHURCH, Modification of Conditions, 2956 Ansol Lane (GPIN 1497137848). BEACH DISTRICT. MEETING DATE: August 28, 2012 ■ Background: A Conditional Use Permit permitting a religious facility on this site was approved by the City Council on April 24, 2007 and was modified on May 25, 2010. The April 24, 2007 Conditional Use Permit has six conditions. The full list of all conditions is provided in the attached staff report. ■ Considerations: The applicant is requesting a Modification to Conditions 1 and 2 of the Use Permit for the purpose of allowing the use of a tent in the area depicted as Phase 3 on the City Council approved development plan. The tent is 40 feet by 60 feet (2,400 square feet) and 22 feet in height. It is a "high tension" style tent of canvas, and is rated for 105 mile per hour winds. The tent will be used for six months of the year. The applicant states that the purpose of the tent is to provide a more relaxed and festive atmosphere for the `meet and greet' and `fellowship' times. 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: 1. All conditions with the exception of Numbers 1 and 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007 and modified on May 25, 2010 remain in effect. 2. Condition Number 1 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated March 26, 2010, except the applicant may erect a tent in the area of Grace Bible Church Page 2of2 proposed Phase 3 depicted on the site plan subject to Conditions 4, 5, and 6 of this Modification. 3. Condition Number 2 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: The church building shall be constructed in substantial conformance with the elevation entitled "New Facility for Grace Bible Church; Virginia Beach, Virginia," prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subject to Conditions 4, 5, and 6 of this Modification. 4. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department before erecting the tent. 5. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 6. This Modification of the April 24, 2007 Conditional Use Permit and its subsequent modification on May 25, 2010, is approved for three years from the date of City Council approval. If the applicant desires to continue the use of the tent after the three year period, the Zoning Administrator, with the concurrence of the Building Official, may review and renew the use on an annual basis. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. �! Submitting Department/Agency: Planning Department/ City Manager: tiv� BEACH /�,,...... RGhly f hnrrh H-7 JY 82 > X3'9 . }; c 6_S_70dB412" �� .. 02 O2 6 Sob Area ..�, Pi 4; V ft R7.5 �4 ' ^*^c^"°"'"""'°�""'0pe1 . P.omoMu wPOH�l PnM'• Modification of Conditions v.ow.r �+�++d..,w Nos. Za.. 1.•ts'B LAn July 11, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: GRACE BIBLE CHURCH STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit for a religious use — approved by the City Council on April 24, 2007 and modified on May 25, 2010 ADDRESS / DESCRIPTION: 2976 Ansol Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 149713784800000 BEACH 8.22 acres 70-75 dB DNL SUMMARY OF REQUEST The applicant is requesting a Modification to Conditions 1 and 2 of the existing Use Permit for the purpose of allowing the use of a tent in the area depicted as Phase 3 on the City Council approved development plan. The tent is 40 feet by 60 feet (2,400 square feet) and 22 feet in height. It is a "high tension" style tent of canvas, and is rated for 105 mile per hour winds. The Conditional Use Permit permitting a religious facility was approved by the City Council on April 24, 2007 and was modified on May 25, 2010. The April 24, 2007 Conditional Use Permit has six conditions: 1. When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church Ansol Lane," prepared by Engineering Services, Inc., dated 11/27/06. 2. The church building shall be constructed in substantial conformance with the elevation entitled, "Schematic Design Concept for Grace Bible Church, A Comprehensive New Facility," prepared by Barnes Design Group, P.C., dated December 7, 2006. 3. A cul-de-sac or other appropriately designed turn -around acceptable to the Department of Public Works shall be provided by the church at the end of Ansol Lane, where the public roadway transitions to a private drive aisle into the church property. 4. Any freestanding or building mounted signage shall meet all applicable City ordinances. The use of moveable copy on any sign shall be prohibited. GRACE BIBLE CHURCH Agenda Item 6 Page 1 5. Traffic control measures shall be in place during Sunday services, Wednesday evening services, and during other large special events, such as concerts, weddings, and funerals, among others. This measure, at a minimum, shall consist of a trained traffic control person, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. 6. The site may not be used for childcare or school use without modification of this Use Permit. Conditions 1 and 2 of the Use Permit were modified on May 25, 2010: 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007 remain in effect. 2. Condition Number 1 of the April 24, 2007 Conditional Use Permit is deleted and replaced with the following: When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated March 26, 2010. 3. Condition Number 2 of the April 24, 2007 Conditional Use Permit is deleted and replaced with the following: The church building shall be constructed in substantial conformance with the elevation entitled "New Facility for Grace Bible Church; Virginia Beach, Virginia," prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Religious facility, parking, and landscaping. SURROUNDING LAND North: . Former Norfolk & Southern Railroad right-of-way USE AND ZONING: South: . Ansol Lane and Interstate 264 East: . Virginia Power substation / 0-2 Office West: . Wooded property / 1-1 Light Industrial NATURAL RESOURCE AND This site is located within the Chesapeake Bay watershed and the CULTURAL FEATURES: western part of the parcel is located within the most stringently regulated portion of the Chesapeake Bay Preservation Area, the Resource Protection Area. This site is currently heavily wooded and contains both tidal and non -tidal wetlands. All proposed development is, however, situated outside the Resource Protection Area and does not require Chesapeake Bay Board action. COMPREHENSIVE PLAN: The property is located in Strategic Growth Area (SGA) 6 — Lynnhaven, which serves as the gateway to the Great Neck peninsula. The Comprehensive Plan recommendations state that this area is suitable for higher intensity mixed uses that include office, institutional, and limited retail. GRACE BIBLE CHURCH Agenda Item 6 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Ansol Lane in front of this site is considered a collector roadway. The width of this un -striped roadway varies from 18 to 28 feet. There are no Roadway CIP projects for Ansol Lane. North Lynnhaven Road in the vicinity of this site is a narrow two-lane collector roadway that connects with Virginia Beach Boulevard to the north and Lynnhaven Parkway to the south. There are no Roadway CIP projects programmed for this roadway. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. The applicant requests permission to use a 2,400 square foot tent for six months of the year. The applicant states that the purpose of the tent is to provide a more relaxed and festive atmosphere for the 'meet and greet' and 'fellowship' times. The applicant is agreeable to the proposed conditions listed below. CONDITIONS 1. All conditions with the exception of Numbers 1 and 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007 and modified on May 25, 2010 remain in effect. 2. Condition Number 1 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated March 26, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subiect to Conditions 4, 5, and 6 of this Modification. 3. Condition Number 2 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: The church building shall be constructed in substantial conformance with the elevation entitled "New Facility for Grace Bible Church; Virginia Beach, Virginia," prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subiect to Conditions 4, 5, and 6 of this Modification. 4. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department before erecting the tent. GRACE BIBLE CH00CH Agenda Item 6 Page 3 5. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 6. This Modification of the April 24, 2007 Conditional Use Permit and its subsequent modification on May 25, 2010, is approved for three years from the date of City Council approval. If the applicant desires to continue the use of the tent after the three year period, the Zoning Administrator, with the concurrence of the Building Official, may review and renew the use on an annual basis. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GRACE BIBLE CHURCH Agenda Item 6 Page 4 AERIAL OF SITE LOCATION GRACE BIBLE CHURCH Agenda Item 6 Page 5 v PROPOSED SITE PLAN GRACE BIBLE CHURCH Agenda Item 6 Page 6 s � S O ctH IQ ue1nW5 NN] t F � I vlM�ln'NJviY VINi]nn tivN 34M'IY lYY1fl0 fYw �4tu� QY4!!!Y/BY3 W � - iNrfiOf 1YVINlNY� IC 15iM')Ivl t0{NY ' 11e1wc3 11wa3a 3sn ".JanH7 31918 3DW) y v PROPOSED SITE PLAN GRACE BIBLE CHURCH Agenda Item 6 Page 6 s � S O ctH IQ Gglilt W � 9ty v PROPOSED SITE PLAN GRACE BIBLE CHURCH Agenda Item 6 Page 6 s � S O ctH PHOTOGRAPH OF PROPOSED TENT GRACE BIBLE CHURCH Agenda Item 6 Page 7 ZONING HISTORY .rJ GRACE BIBLE CHURCH:" Agenda Item 6 Page 8 0 DATE 5/25/10 REQUEST MODIFICATION ACTION APPROVED # 1 4/24/07 REZONING (1-1 LIGHT INDUSTRIAL TO 0-2 OFFICE); APPROVED CONDITIONAL USE PERMIT (CHURCH); STREET CLOSURE 2 8/10/04 CODITIONAL BULK STORAGE) N APPROVED .rJ GRACE BIBLE CHURCH:" Agenda Item 6 Page 8 0 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Grace Bible Church: Geoffrey M. Klein, Stephen F. Carlson and Matthew D. Breitenberg, Trustees 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT GRACE BIBLE CHURCH Agenda Itlim 6 9 Page rIa ..a --- —1. 1.—000yeUO/til/201'1 10:12 DISCLOSURE STATEMENT •020 P.002/002 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Martin Engineering, Inc. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (ill) 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. Grace Bible Churc By.. --_rte. M�9T71f�W itEc7tENb�AG Appli nt's Signature Print Name Property Owner's Signature (if different then applicant) Print Name Modification of CondNons Application Page 11 of 11 Revised 8/1/2004 DISCLOSURE STATEMENT GRACE BIBLE CHURCH_ Agenda Item 6 Page 10 Item #6 Grace Bible Church Modification of a Conditional Use Permit 2976 Ansol Lane District 6 Beach July 11, 2012 CONSENT An application of Grace Bible church for a Modification of a Conditional Use Permit for religious use approved by City council on April 24, 2007 and modified on May 25, 2010 on property located at 2976 Ansol Lane, District 6, Beach. GPIN: 149713784800000. CONDITIONS All conditions with the exception of Numbers 1 and 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007 and modified on May 25, 2010 remain in effect. 2. Condition Number 1 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated March 26, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subject to Conditions 4 5, and 6 of this Modification. 3. Condition Number 2 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: The church building shall be constructed in substantial conformance with the elevation entitled "New Facility for Grace Bible Church; Virginia Beach, Virginia," prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subiect to Conditions 4, S, and 6 of this Modification. Item #6 Grace Bible Church Page 2 4. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department before erecting the tent. 5. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 6. This Modification of the April 24, 2007 Conditional Use Permit and its subsequent modification on May 25, 2010, is approved for three years from the date of City Council approval. If the applicant desires to continue the use of the tent after the three year period, the Zoning Administrator, with the concurrence of the Building Official, may review and renew the use on an annual basis. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. I_IM111 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE NAY 0 ABS 0 ABSENT 1 Item #6 Grace Bible Church Page 3 RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 6 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant. S�NU Z 53 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STIHL INCORPORATED, Conditional Use Permit, wind energy conversion system, 825 London Bridge Road (GPIN 1496930966). BEACH DISTRICT. MEETING DATE: August 28, 2012 ■ Background: The applicant requests a Conditional Use Permit for two existing fixed -mounted Wind Energy Conversion System (WECS) turbines that are located on the rooftop of the applicant's Guide Bar facility, which is located adjacent to London Bridge Road. The applicant previously applied for a Conditional Use Permit for seven fixed -mounted WECS to be placed on the rooftop of Plant 5 within the Stihl manufacturing complex. During the review for this application, it was determined that a Conditional Use Permit had not been obtained for the two existing subject turbines on the Guide Bar facility. The Conditional Use Permit application for the seven turbines was heard by the Planning Commission on May 9, 2012 and approved by City Council on June 26, 2012. ■ Considerations: The WECS that are the subject of this Use Permit are currently being utilized to generate supplemental electricity to the applicant's Guide Bar manufacturing facility. The WECS units are 12 feet - 4 inches in height above the rooftop and are six feet in diameter. The rooftop location is approximately 145 feet from London Bridge Road. The proposed use is in keeping with the Comprehensive Plan's recommendations for environmental stewardship. The WECS will enhance community sustainability by introducing an energy source to an existing building independent of the traditional power system, which reduces the effect of this manufacturing facility on the environment. The use of WECS is well-suited to the light/heavy industrial uses within the area. 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 condition: The WECS shall be maintained substantially in accordance with the submitted plan entitled "Location of Wind Turbines at Guide Bar," dated Stihl, Inc. Page 2 of 2 1/30/2012. 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/Agency: Planning Department City Manager: <� aEACH 13 July 11, 2012 Public Hearing APPLICANT/PROPERTY OWNER: STIHL, INC STAFF PLANNER: Ray Odom REQUEST: Conditional Use Permit (Wind Energy Conversion System — More Than One) ADDRESS / DESCRIPTION: 825 London Bridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1496-93-0966-0000 BEACH 10.25 acres Greater than 75 dB DNL / APZ-1 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for two existing fixed -mounted Wind Energy Conversion System (WECS) turbines that are located on the rooftop of the applicant's Guide Bar facility, which is located adjacent to London Bridge Road. The applicant previously applied for a Conditional Use Permit for seven fixed -mounted WECS to be placed on the rooftop of Plant 5 within the Stihl manufacturing complex. During the review for this application, it was determined that a Conditional Use Permit had not been obtained for the two existing subject turbines on the Guide Bar facility. The Conditional Use Permit application for the seven turbines was heard by the Planning Commission on May 9, 2012 and approved by City Council on June 26, 2012. The WECS that are the subject of this Use Permit are currently being utilized to generate supplemental electricity to the applicant's Guide Bar manufacturing facility. The WECS units are 12 feet - 4 inches in height above the rooftop and are six feet in diameter. The rooftop location is approximately 145 feet from London Bridge Road. The manufacturer of the turbines used in this WECS states that they utilize a system of magnets and stators surrounding its outer ring, which captures power at the blade tips where speed is greatest, practically eliminating mechanical resistance and drag. Rather than forcing the available wind to turn a STIHL, INC. Agenda Item -13 Page 1 STIHL Inc. 12 12 Oceana Naval 12 Air Station " 12 12?� O CUP for Wind Energy Conversion System -More Than One % k krax•wtMM APr NM nen u.A,ruzxw.. m.. 13 July 11, 2012 Public Hearing APPLICANT/PROPERTY OWNER: STIHL, INC STAFF PLANNER: Ray Odom REQUEST: Conditional Use Permit (Wind Energy Conversion System — More Than One) ADDRESS / DESCRIPTION: 825 London Bridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1496-93-0966-0000 BEACH 10.25 acres Greater than 75 dB DNL / APZ-1 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for two existing fixed -mounted Wind Energy Conversion System (WECS) turbines that are located on the rooftop of the applicant's Guide Bar facility, which is located adjacent to London Bridge Road. The applicant previously applied for a Conditional Use Permit for seven fixed -mounted WECS to be placed on the rooftop of Plant 5 within the Stihl manufacturing complex. During the review for this application, it was determined that a Conditional Use Permit had not been obtained for the two existing subject turbines on the Guide Bar facility. The Conditional Use Permit application for the seven turbines was heard by the Planning Commission on May 9, 2012 and approved by City Council on June 26, 2012. The WECS that are the subject of this Use Permit are currently being utilized to generate supplemental electricity to the applicant's Guide Bar manufacturing facility. The WECS units are 12 feet - 4 inches in height above the rooftop and are six feet in diameter. The rooftop location is approximately 145 feet from London Bridge Road. The manufacturer of the turbines used in this WECS states that they utilize a system of magnets and stators surrounding its outer ring, which captures power at the blade tips where speed is greatest, practically eliminating mechanical resistance and drag. Rather than forcing the available wind to turn a STIHL, INC. Agenda Item -13 Page 1 generator, the perimeter power system becomes the generator by swiftly passing the blade tip magnets through copper coil banks mounted on the enclosed perimeter frame to produce power. This system also addresses past constraints on these types of systems, such as size, noise, vibration and output. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Manufacturing facility SURROUNDING LAND North: . Manufacturing/warehousing / 1-2 Heavy Industrial District USE AND ZONING: South: . Manufacturing/warehousing / 1-2 Heavy Industrial District East: . London Bridge Road / NAS Oceana / 1-2 Heavy Industrial District West: . Manufacturing/warehousing / 1-2 Heavy Industrial District CITY SERVICES WATER/SEWER: This site is served by City water and sewer. COMPHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Special Economic Growth Area (SEGA) 2 — West Oceana. SEGA 2 is generally bound by London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potter's Road. It includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park. Much of this area is subject to Navy restrictive easements and all of this area is inside the AICUZ high noise zone. This entire site is within the greater than 75 DNL noise zone. All new or improved development proposals must adhere to the City's AICUZ provisions. This is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. The Comprehensive Plan's Environmental Stewardship Chapter provides a framework for sustainability in our community. Recommendations of stewardship include retrofitting buildings to save on energy uses, use energy efficient lighting, reduce wasteful electricity use, and promote environmentally responsible development. EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit for two roof -mounted Wind Energy Conversion Systems (WECS) is acceptable. The proposed use is in keeping with the Comprehensive Plan's recommendations for environmental stewardship. The WECS will enhance community sustainability by introducing an energy source to an existing building independent of the traditional power system, which reduces the effect of this manufacturing facility on the environment. The use of WECS is well-suited to the light/heavy industrial uses within the area. Staff, therefore, recommends approval of this request with the condition below. STIHL, INC. Agenda Item 13 Page 2 CONDITION The WECS shall be maintained substantially in accordance with the submitted plan entitled "Location of Wind Turbines at Guide Bar," dated 1/30/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. STIHL, INC. .Agenda Item 13 Page 3 AERIAL OF SITE LOCATION STIHL, INC. Agenda Item 13 Page 4 U Z S N I AERIAL PHOTOGRAPH SHOWING LOCATION OF WECS ,4 h STIHL, INC. Agenda Item 13 Page 5 Z O a BEACH C+TTLTT Tr.n 1141a 1-73 1J 1 111E illi Maot to Scale i O 12 12 Oceana Naval Air Station o�o0, 12 �v �- ff .. 1� I --i whhin AV/ 1—W CUP for Wind Energy Conversion System - More Than Une ,,s dB Ldn AlC t1ZNolse zom ZONING HISTORY There has been no recent zoning activity in this area. ��Gl�aA $�Aci STIHL, INC. Agenda Item 13 Page 6 OF OUR w A�� DISCLOSURE STATEMENT 711 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) Stihl Incorporated, See attachment for members of Stihl Inc. Executive council. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) See Attachment F]Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or emloyee of PipICity of Virginia Beach have an interest in the subject land? Yes _L.L No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT STIHL, INC. Agenda Iters -13 Pagel.7 DISCLOSURE STATEMENT STIHL,.C. Agenda lteq, 13 Item ge, 8 Lo z (L o U) 0 u co UA S2 --r-v ul 0 Yj cl) DISCLOSURE STATEMENT STIHL,.C. Agenda lteq, 13 Item ge, 8 Lo z o DISCLOSURE STATEMENT STIHL,.C. Agenda lteq, 13 Item ge, 8 Item # 13 Stihl, Inc. Conditional Use Permit 825 London Bridge Road District 6 Beach July 11, 2012 CONSENT An application of Stihl, Inc. for a Conditional Use Permit for wind energy conversion system — more than one on property located at 825 London Bridge Road, District 6, Beach. GPIN: 1496-93-0966-0000. CONDITION The WECS shall be maintained substantially in accordance with the submitted plan entitled "Location of Wind Turbines at Guide Bar," dated 1/30/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAYO ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE Item #13 Stihl, Inc. Page 2 HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINKSI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 13 by consent. Raeford Eure appeared before the Commission on behalf of the applicant. z z m z 11 r on cS�,Nu-�,, yt !., 53 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WORLD FAMOUS INK/3509 VA BEACH BLVD LLC, Conditional Use Permit, tattoo parlor, body piercing, and permanent make-up establishment, 3509 Virginia Beach Blvd (GPIN 1487648360). LYNNHAVEN DISTRICT. MEETING DATE: August 28, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for a tattoo, body piercing, and permanent make-up establishment. ■ Considerations: Hours of operation will be 10:00 am to 10:00 pm, seven days a week. There will be two employees on the site as well as between six and 10 independent contractors. The site is located in an area that the Rosemont SGA Master Plan designates as the "Virginia Beach Boulevard Office Development" Initiative Area. Because this highly visible area is isolated from nearby residential neighborhoods, it is appropriate to redevelop this area with office and retail uses. The proposed use is appropriate as an interim use until the office and retail markets change in the Rosemont Strategic Growth Area and the property owners decide that redevelopment of the site consistent with the recommendations of the SGA Plan would be more beneficial. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The Conditional Use Permit for a tattoo, body piercing, and permanent make- up establishment is approved for a period of one year, with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provision of Chapter 23 of the City Code. World Famous Ink Page 2 of 2 3. Any on-site signage for the tattoo body piercing, and permanent make-up establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agen cy: Planning Department City Manager: LYNNH"EN kla G7 ELECTION DISTRICT: SITE SIZE: VVV1 lu r 4111ut" "M 14876483600000 LYNNHAVEN 1.757 acres Less than 65 dB DNL B2 i i t ch B%-Jd' sea 2 e B2 — .~—R. 264 interstate_ m '- 'A c CUP for Tattoo Parlor- Body Piercing 8 Permanent Make-up Establlsbment LK August 8, 2012 Public Hearing APPLICANT: WORLD FAMOUS INK PROPERTY OWNER: 3509 VA BEACH BLVD LLC STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (Tattoo, Body Piercing, and Permanent Make-up Establishment) ADDRESS / DESCRIPTION: 3509 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14876483600000 LYNNHAVEN 1.757 acres Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for a tattoo, body piercing, and permanent make-up establishment. Hours of operation will be 10:00 am to 10:00 pm, seven days a week. There will be two employees on the site as well as between six and 10 independent contractors. The site was developed in 1974 as an office/warehouse. The building is 85 feet from Virginia Beach Boulevard and 115 feet from Interstate 264. The building is 30,200 square feet, of which, the applicant will occupy 5,945 square feet. A call center and a window and siding company occupy the remaining portions of the building. There are two entrances to the site from Virginia Beach Boulevard. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office/warehouse, currently occupied by a call center and window and siding company. The site is zoned B-2 Business. SURROUNDING LAND North: • Virginia Beach Boulevard WORLUFAMOUS, INK Agenda Item 3 Page 1 USE AND ZONING: South: 0 Interstate 264 East: • Vacant Car Dealership / B-2 Business West: a Office / B-2 Business NATURAL RESOURCE AND The site is impervious, covered with building and parking. There are no CULTURAL FEATURES: natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Urban Area — Rosemont, SGA 5 Rosemont The Rosemont SGA Master Plan, adopted September 2011, is one of eight strategic growth areas within the city identified to provide opportunities for continued physical and economic growth; protect established neighborhoods from incompatible development; maximize infrastructure efficiency and create unique and exciting urban destinations. The goal within the urban environment is more ease and pleasure in walking. Sites should be linked to the street, to the sidewalk, bus stops, to neighborhoods and each other. The vision for the Rosemont SGA is a transit -oriented residential village with complementary mix -use and office The Rosemont SGA Master Plan identifies this site as 'Virginia Beach Boulevard Office Development.' Because this highly visible area is isolated from nearby residential neighborhoods, it is appropriate to redevelop this area with office and retail uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is a fully developed eight -lane major urban arterial. Based on the operating hours, number of tattoo artists, and floor area of remaining business space reported in the permit application, and on the assumption that each customer will be on-site for approximately one hour, Traffic Engineering estimates the site will generate approximately 434 trips per day, with approximately 44 of these trips coming during its p.m. peak hour. Roughly 100 daily trips are anticipated to be after the p.m. peak hour and the normal close of business for office/warehouse uses. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 52,400 ADT 56,240 ADT Existing Land Use —300 Boulevard ADT (42 PM PEAK HOUR) Proposed Land Use 3— 436 ADT 44 PM PEAK HOUR Average Daily Trips 2 as defined by 43,000 square feet office warehouse 3 as defined by 18,000 square feet tattoo / body piercing establishment & 25,000 square feet office / warehouse WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMM1 WORLD fAMOUSINK Agenda Item 3 Page _2 Staff recommends approval of this request with the conditions below. The site is located in an area that the Rosemont SGA Master Plan designates as the "Virginia Beach Boulevard Office Development' Initiative Area. Because this highly visible area is isolated from nearby residential neighborhoods, it is appropriate to redevelop this area with office and retail uses. The proposed use is appropriate as an interim use until the office and retail markets change in the Rosemont Strategic Growth Area and the property owners decide that redevelopment of the site consistent with the recommendations of the SGA Plan would be more beneficial. CONDITIONS 1. The Conditional Use Permit for a tattoo, body piercing, and permanent make-up establishment is approved for a period of one year, with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provision of Chapter 23 of the City Code. 3. Any on-site signage for the tattoo body piercing, and permanent make-up establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WORLD:fAMOUS,NK Agenda Item 3 Page,3 AERIAL OF SITE LOCATION WORLD FAMOUS INK �Agenda Item 3, Page 4. LYNNHAVEN ki tto5 XVnrlrl Fmmnnc Ink 00 m CUP for Tattoo Parlor- Body Piercing 8 Permanent Make-up Establishment ZONING HISTORY # DATE 11/18/74 REQUEST Rezoning (B-2 Business to 1-2 Industrial) ACTION Approved 1 4/17/86 Rezoning 1-2 Industrial to B-2 Business Approved 2 2/8/00 Conditional Use Permit (Motor Vehicle Sales, Rental & Approved Service) 12/13/11 Conditional Rezoning (R-7.5 Residential to B-2 Approved Commercial) & Conditional Use Permit (Motor Vehicle Sales, Rental & Service - expansion 3 8/5/03 Conditional Use Permit (Indoor Recreation) Approved 9/10/96 Conditional Use Permit Communication Tower)Approved 4 11/27/01 Conditional Use Permit Motor Vehicle Rental) --Approved 5 10/13/98 Conditional Use Permit (Automobile Fueling Station in Approved conjunction with a Convenience Store 6 4/8/97 Conditional Use Permit (Automobile Fueling Station in Approved conjunction with a Convenience Store, Fast Food Restaurant & Carwash) WORLD FAMOUS INK y Agenda Item 3 y Page 6 i O* F ou R��""'0. �}� y'' DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) �s of �urr� n i ria I��u 1 e,r m- N��s� � Schond rt��l�x) i�-�- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) lie �c�rSejTatepa ❑ 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) Va - �3ecIC' h w . Li. C— gr�clW4(,61ST r) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NIS ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No _ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 3111/08 DISCLOSURE STATEMENT WORLD -FAMOUSANK Agenda Item 3 Paoe 7 E��DISCLOSURE NTJJ ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list If necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and �evaluating this application. Applicant's Sigfiature Print Nam operty Owner's Signature (if different than applicant) Print Na Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT WORLDfAMOUS Agenda Its Pb .CNK 3 ge 8 Item #3 World Famous Ink Conditional Use Permit 3509 Virginia Beach Boulevard District 5 Lynnhaven August 8, 2012 CONSENT An application of World Famous Ink for a Conditional Use Permit for a tattoo, body piercing, and permanent make up establishment on property located at 3509 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 14876483600000. CONDITIONS 1. The Conditional Use Permit for a tattoo, body piercing, and permanent make-up establishment is approved for a period of one year, with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provision of Chapter 23 of the City Code. 3. Any on-site signage for the tattoo body piercing, and permanent make-up establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. 4. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE Item #3 World Famous Ink Page 2 FELTON AYE HENLEY AYE HODSGON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 3 by consent. Chris Bowman, the applicant, appeared before the Commission. f •� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July 2012, and revising the Policy Document. MEETING DATE: August 28, 2012 ■ Background: In January of 2012, the City began a planning process to prepare a master plan for the Hilltop Strategic Growth Area. The process involved extensive public participation and was guided by a Steering Committee of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, Navy, City and other stakeholders. The public planning process was undertaken over several months and involved many meetings and opportunities to ensure a well -vetted and implementable master plan. ■ Considerations: The master plan provides recommendations regarding land use and supporting infrastructure needs, including a street network plan, transit, a parks and open space network plan, a conceptual bikeways and trail network plan, stormwater management, sanitary sewer system, water systems, and landscape elements, creating opportunities to transition under-utilized commercial property into a transit -ready retail and office mixed-use urban environment. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Planning Department's online Document Library for a full copy of the Hilltop Strategic Growth Area Master Plan. The document provides guidance for creating a sense of place throughout the Hilltop Strategic Growth Area. The master plan sets the framework to continue forward in a direction that reflects the area's historical development, is sensitive to the environment, acknowledges existing conditions, and responds to the challenges of transportation and infrastructure needs. There was no opposition to the proposed amendment. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this amendment to the City Council. City of Virginia Beach — Hilltop Strategic Growth Area Master Plan Page 2 of 2 ■ Attachments: Staff Review and Amendment Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ^r' V 1 July 11, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO COMPREHENSIVE PLAN / HILLTOP SGA REQUEST: An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July 2012, and revising the Policy Document. SUMMARY OF AMENDMENT In January of 2012, the City began a planning process to prepare a master plan for the Hilltop Strategic Growth Area. The process involved extensive public participation and was guided by a Steering Committee of stakeholders and representatives of the community. The study was prepared within a multidisciplinary, process -based approach to design that has three phases: understanding, exploring, and deciding. This public planning process unfolded over several months with many planning events to ensure a well -vetted and implementable master plan. This master plan provides recommendations regarding land use and supporting infrastructure needs, including a street network plan, transit, a parks and open space network plan, a conceptual bikeways and trail network plan, stormwater management, sanitary sewer system, water systems, and landscape elements, creating opportunities to transition under-utilized commercial property into a transit -ready retail and office mixed-use urban environment. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Planning Department's online Document Library for a full copy of the Hilltop Strategic Growth Area Master Plan. RECOMMENDATION The Hilltop Strategic Growth Area Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, Navy, City and other stakeholders. The document provides guidance to assist in creating a sense of place within the many components of the Hilltop Strategic Growth Area. The master plan sets the framework to continue forward in a direction that reflects the area's history, is sensitive to the environment, acknowledges existing conditions and responds to the challenges of transportation and infrastructure needs. CITY OF VIRGINIA BEACH - HILLTOP Agenda 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 42 43 44 45 46 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY ADOPTING THE HILLTOP STRATEGIC GROWTH AREA MASTER PLAN, JULY 2012 AND REVISE THE POLICY DOCUMENT WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; WHEREAS, the Strategic Growth Area Master Plan for the Hilltop Area has been developed with extensive input from the community and all stakeholders; WHEREAS, there are several revisions that are necessary to bring the adopted Comprehensive Plan into conformity with the Hilltop Strategic Growth Area Master Plan, July 2012; and WHEREAS, the Hilltop Strategic Growth Area Master Plan, July 2012, and the attached revisions to the Policy Document should be adopted as part of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by: 1. The adoption of the Hilltop Strategic Growth Area Master Plan, July 2012. Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Planning; and 2 The revision of the Policy Document, pertaining to the Hilltop Strategic Growth Area Master Plan, July 2012 as shown on the attached document entitled "Comprehensive Plan Policy Document Amendment, Chapter 2: Urban Area Strategic Growth Area 7 Hilltop, July 2012." Such document is made a part hereof, having been exhibited to the City Council and is on file in the Department of Planning. COMMENT The ordinance amends the Comprehensive Plan by the adoption of the Hilltop Strategic Growth Area Master Plan, July 2012. The current provisions of the Comprehensive Plan pertaining to this area are revised to reflect the adoption and relevant provisions of the Hilltop SGA Master Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 12012. l p-partmen CA12322 R-1 June 22, 2012 APPROVED AS TO LEGAL SUFFICIENCY: r City Attorney's Office Comprehensive Plan Policy Document Amendment Chapter 2: Urban Area Strategic Growth Area 7 Hilltop July 2012 (Text to be deleted is shown as strikethFough. Text to be added is underlined.) (Policy Document: Text to be deleted is shown as strikethrough. Text to be added is underlined. Map deletions and additions in bold.) Comprehensive Plan Land Use Map page 1-10 Delete the following map: ChemA, a«„ City of Virginia Beach r e� _ 1 , J 8 E a i r r ) L I �nm�m • IM.1w.n . Hmhck. 5 Lo ft L..�.n�a'.m IRvn ea L!Wd Sq.sWl..tl P„nnhq iNNr. 0 Rr.N.Uc W ewE 4r.a IEI Q 6p.cIY Economic baM� 9.G., W n foew ♦,.. IEi _j Ta,mlon 1,., . rulury m:lwrion. nnn.a Ly,a u.. wouwn � nn..na w.n soK. nvw, u,.n ,00 acr..l i7RVY Awa comm.r.0 c.m«, wrc.mmwry v., Comprehensive Plan Map North Carolina 1 Replace with the following map: C"' p"'4e B'Y City of Virginia Beach J 1 � 1 1 l� 7 3 i S i / 1 3 I iln:n'1 . n o z _.nr-..nlnNw,.rD 3 LN"rn ur 1 B � wrlia+.n uM1 Legend Wx1YlaU Plarmmp F•YUN Q WY•pk Growl" Arr• ISGAI O SpaclY Econorda Gnwah Ar.a (SEGAI `J 9u0urCan Focuc Area (9FA) � � Gr••nlirl• blibpYlMa Pbml•d L -d LonE ln• SuWrDan Puki F.M OD.n Spst< (laryar N•n 1"p xre:l _ _�� North Carolina Yelor comm•Rrl c.m.ra Purl C•mmuNry ... Comprehensive Plan Map Page 2-2, Policy Document Delete the following map: 8 Strategic Growth Areas Replace with the following map: 8 Strategic Growth Areas 3 Virginia Beach's Strategic Growth Areas ? (SGAs) Cv*-.�R°" a W 4— "" . w.91r.w. 5R ..w, ;i 1 i coir. 1 _ T 8 s s s' y �+ 8 Strategic Growth Areas Replace with the following map: 8 Strategic Growth Areas 3 Pages 2-26 et seq. P. 2-26 STRATEGIC GROWTH AREA 7 HILLTOP DESCRIPTION The PeFtiHilltop Strategic Growth Area (SGA) is home to a wealth of local businesses with a variety of retail restaurant, office, health, and recreational uses. The SGA is generally bound by a diverse mix of retail located north of Laskin Road, Lynnhaven Strategic Growth Area to the west Linkhorn Bay to the east and Potters Road to the south. Though this area is located within a high noise zone, it is a good candidate for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and 1- 264 interchange. The area south of 1-264 is subject to greater AICUZ restrictions due to the presence of accident potential zones and the clear zone. Page 2-26 Delete the following map: i a t ♦ � 7 i. • t. 7�.p T�l,`r •, '"i .70t JV 4 Replace with the following map: PP. 2-27 et seq. HILLTOP RECOMMENDATIONS The Hilltop SGA Master Plan, available in the online document library at www.VBgov.com/planning, transitions under-utilized commercial property into a transit -ready retail and office mixed-use urban environment, builds a network of streets to improve traffic flow, provides trails and sidewalks for pedestrians and cyclists, matches the quality of local businesses with an equally memorable built setting, and provides additional transit connections The Hilltop SGA Master Plan represents a unique opportunity to enhance an established retail market area with a distinct identity within the City. With improved streets will be sidewalks crosswalks landscaping and lighting that will transform Hilltop into a walkable district Over time existing retail buildings will be replaced with new retail buildings built facing the new streets The suburban pattern of highways lined with parking lots and strip centers will gradually give way to a new pedestrian friendly mixed-use district. The following summarizes the key recommendation of the Hilltop SGA Master Plan: i' Define a clear hierarchy of streets to establish a structure of development blocks and reconnect places. Major street improvements should support urban, walkable environments that are positioned to service growth. 5 v Build upon the existing natural resources to expand access to public open space through an interconnected system of parks and trails. ➢ Evaluate repositioning the proposed transit station to the core of the Hilltop SGA with street and trail improvements to promote transit -oriented economic development. Incorporate an Urban Tree Canopy Program within the Hilltop SGA to create a pedestrian environment and aid stormwater management. Encourage redevelopment of obsolete commercial structures with new buildings placed according to new urban planning standards for the district. New developmeRts sheuld aehieve a well plaRRed FAix ef high quality Fetail, 94;6-e-, I. -aa d Phese w I and laeautifieat*en of the aFea. Delete the following images: Underdeveloped Property Medium Density Mixed Use Development Quality Office Development MeV :-,-& 4AA v I i �Z;� 1: 1 All -7 T 14 sk IM9 I Item #I City of Virginia Beach An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July2012, and revising the Policy Document. CONSENT An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July 2012, and revising the Policy Document. The Hilltop Strategic Growth Area Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, Navy, City and other stakeholders. The document provides guidance to assist in creating a sense of place within the many components of the Hilltop Strategic Growth Area. The master plan sets the framework to continue forward in a direction that reflects the area's history, is sensitive to the environment, acknowledges existing conditions and responds to the challenges of transportation and infrastructure needs. By a vote of 10-0, the Commission approved item 1 by consent. Paul Ostergaard appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 1 by consent. Paul Ostergaard appeared before the Commission on behalf of the applicant. -Z- CITY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH (OPEN-AIR MARKETS) - An Ordinance to Amend Sections 111, 203, 901, and 1521, Repeal Section 233.3, and Add Section 239.03 of the City Zoning Ordinance, defining the term "Open -Air Markets," deleting the term "Flea Markets," adding Open -Air Markets and deleting Flea Markets as Conditional Uses in the B-2, B-3, B -3A, B-4, B -4C, and RT -3 Districts and establishing off-street parking requirements for Open -Air Markets. MEETING DATE: August 28, 2012 ■ Background: With the advent of the Internet and innovative means of selling and buying products that in the past were typically sold and bought at Flea Market events, the concept of a Flea Market has expanded into products and services that were not common at Flea Market events of the past. Additionally, the increase in awareness of the importance of fresh, naturally grown food products, as well as the increased desire of residents to support those who provide `Green' products and services, has further altered the character of the traditional Flea Market. ■ Considerations: The proposed amendments to the Zoning Ordinance substitute the term "Open -Air Market" for the currently used term "Flea Market." The definitions are substantively identical, but the definition of "Open -Air Market" clarifies that the sale of produce or other farm products is included within the definition. The amendments also revise and, in some cases, delete various sections of the Zoning Ordinance relevant to the change of Flea Markets to Open -Air Markets. 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 and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: �. ,� 14 July 11, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO CITY ZONING ORDINANCE / OPEN-AIR MARKETS REQUEST: An Ordinance to Amend Sections 111, 203, 901, and 1521, Repeal Section 233.3, and Add Section 239.03 of the City Zoning Ordinance, defining the term "Open -Air Markets," deleting the term "Flea Markets," adding Open -Air Markets and deleting Flea Markets as Conditional Uses in the B-2, B-3, 13-3A, B-4, 13-4C, and RT -3 Districts and establishing off-street parking requirements for Open -Air Markets. SUMMARY OF AMENDMENT With the advent of the Internet and innovative means of selling and buying products that in the past were typically sold and bought at Flea Market events, the concept of a Flea Market has expanded into products and services that were not common at Flea Market events of the past. Additionally, the increase in awareness of the importance of fresh, naturally grown food products, as well as the increased desire of residents to support those who provide 'Green' products and services, has further altered the character of the traditional Flea Market. Reflective of these changes, the proposed amendments substitute the term "Open -Air Market" for the currently used term "Flea Market." The definitions are substantively identical, but the definition of "Open - Air Market" clarifies that sales of produce of other farm products are included within the definition. The amendments also revise and, in some cases, delete various sections of the Zoning Ordinance pertaining to this change from Flea Markets to Open -Air Markets. RECOMMENDATION Staff recommends approval of these amendments. CITY OF VIRGINIA BEACH — OPEN-AIR MARKETS Agenda Item 14 Page 1 1 AN ORDINANCE TO AMEND SECTIONS 111, 203, 901 2 AND 1521, REPEAL SECTION 233.3, AND ADD SECTION 3 239.03 OF THE CITY ZONING ORDINANCE, DEFINING 4 THE TERM "OPEN AIR MARKETS," DELETING THE TERM 5 "FLEA MARKETS," ADDING OPEN AIR MARKETS AND 6 DELETING FLEA MARKETS AS CONDITIONAL USES IN 7 THE B-2, B-3, B -3A, B-4, B -4C AND RT -3 DISTRICTS AND 8 ESTABLISHING OFF-STREET PARKING REQUIREMENTS 9 FOR OPEN-AIR MARKETS 10 11 Sections Amended: City Zoning Ordinance Sections 111, 12 203, 901 and 1521 13 14 Section Repealed: City Zoning Ordinance Section 233.3 15 16 Section Added: City Zoning Ordinance Section 239.03 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 111, 203, 901 and 1521 of the City Zoning Ordinance are hereby 25 amended and reordained, new Section 239.03 of the City Zoning Ordinance is hereby 26 added, and Section 233.3 of the City Zoning Ordinance is hereby repealed, to read as 27 follows: 28 29 ARTICLE 1. - GENERAL PROVISIONS 30 .... 31 Sec. 111. - Definitions. 32 For the purpose of this ordinance, words used in the present tense shall include the 33 future; words used in the singular number include the plural and the plural the singular; 34 the use of any gender shall be applicable to all genders; the word "shall" is mandatory; 35 the word "may" is permissive; the word "land" includes only the area described as being 36 above mean sea level; and the word "person" includes an individual, a partnership, 37 association, or corporation. 38 39 In addition, the following terms shall be defined as herein indicated: 40 41 .... 42 43 44 45 46 47 48 , 49 50 51 of suGh festival OF 619eGi^I even 52 .... 53 54 Open-air market An outdoor market for the retail sale of new or used merchandise, 55 produce or other farm products whether operated by a single vendor or composed of 56 stalls stands or spaces rented or otherwise provided to vendors. The term does not 57 include the outside display of merchandise as an incidental part of retail activities 58 regularly conducted from a permanent building on sidewalks or other areas immediately 59 adjacent to and upon the same lot as such building The term also does not include 60 merchandise sold at festivals or other special events temporary in duration, at which 61 the display and sale of merchandise is incidental to the primary cultural, informational or 62 recreational activities of such festival or special event. 63 64 65 66 67 COMMENT 68 The amendments substitute the term "open-air market" for "flea market." The definitions 69 are substantively identical, but the definition of "open-air market" clarifies that sales of produce or 70 other farm products are included within the definition. 71 72 73 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 74 ALL DISTRICTS 75 76 .... 77 78 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 79 PARKING AND OFF-STREET LOADING 2 80 .... 81 82 Sec. 203. Off-street parking requirements. 83 (a) The following specified uses shall comply with the off-street parking requirements 84 designated t"��e therefor: 85 (29) Retail establishments, including beverage manufacturing shops, flea and 86 open-air markets: One space per two hundred fifty (250) square feet of 87 floor area; 88 .... 89 90 COMMENT 92 The amendments substitute the term "open-air markets" for "flea markets" and make 93 stylistic changes. 94 95 .... 96 97 C. CONDITIONAL USES AND STRUCTURES 98 99 .... 100 Ses.233.3. Flea MaFkets. [Reserved] 101 ' addition to the 102 FeqUiFed 221 of thus orthe following 103 'of the sales ' 104 aGGessways, 105 106 ' by WhiGh handise is 107 d- 108 ' 109 shall be 6ubjeGt tG the following FequiFements, whirh shall be deemed to be GE)Rditie 110 of the GGR&OeRal use peFMit: 111 112 113 (2) TheFe shall be RE) less thaR ene (1) tFaG taGle peF eRe thousand (1,000) 114 , all tFash FeGeptaGle6 shall be emptied Fegulafly se aG not to 3 115 overflow, 116 117 use is not open fOF business4, 118 _ Pration shall Rot distwFb the traRquility Gf Fe6ideRtwal- - 123 paFk*Rg. -Gity GE)URGiI Fnay impose aRy - 126 127 128 129 COMMENT 130 131 The amendments repeal Section 233.3, setting forth conditional use permit standards for 132 flea markets. 133 134 .... 135 136 Sec. 239.03. Open-air markets. 137 138 (a) Applications for conditional use permits shall include, in addition to the 139 information required by section 221 of this ordinance the followinq information: 140 141 (1) A plan depicting the layout of the site including dimensions, of the 142 sales area accessways parking areas and location of trash 143 receptacles; 144 145 (2) Specific days and hours of operation requested: and 146 147 (3) The means such as stalls tables or other structures, by which 148 merchandise is to be displayed. 149 150 (b) In addition to any other standards or requirements of this ordinance, open - 151 air markets shall be subiect to the following requirements which shall be deemed to be 152 conditions of the conditional use permit: 153 154 (1) Vehicular parking shall be provided on-site and shall comply with 155 the provisions of section 203 of this ordinance; 156 157 (2) There shall be no less than one (1) trash receptacle per one 158 thousand (1.000) feet of sales area all trash receptacles shall be 159 emptied regularly so as not to overflow, and litter and debris shall 160 be not be allowed to accumulate 161 162 (3) Merchandise stalls or other materials shall not be stored outdoors 163 while the use is not open for business: 164 165 (4) Operation shall be restricted to the time between 9:00 a.m and 5:00 166 p.m., unless otherwise specified in the conditional use permit: and 167 168 (5) The operation shall not disturb the tranquility of residential areas or 169 other areas in close proximity or otherwise interfere with the 170 reasonable use and enjoyment of neighboring property by reason 171 of excessive noise traffic or overflow parking. 172 173 (c) The city council may impose any other condition it deems necessary or 174 appropriate to minimize noise or other potential adverse effects upon neighboring areas. 175 176 .... 177 178 COMMENT 179 180 The new Section 239.03, setting forth conditional use permit standards for open-air 181 markets, replaces the repealed Section 233.3, regarding flea markets. The conditional use permit 182 standards for open-air markets are identical to those previously applying to flea markets. 183 184 Sec. 901. - Use regulations. 185 (a) Principal and conditional uses. The following chart lists those uses permitted 186 within the B-1 through B -4K Business Districts. Those uses and structures in the 187 respective business districts shall be permitted as either principal uses indicated by a 188 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 189 shall be prohibited in the respective districts. No uses or structures other than as 190 specified shall be permitted. 191 5 192 Use 8-1 8-1A 8-2 8-3 8-3A 8-4 8-4C 8-4K 193 194 .... 195 196 Flea maFket& X X G 197 198 .... 199 200 Open-air markets X X C C C C C X _41 202 203 COMMENT 204 The amendments substitute the term "open-air markets" for "flea markets." The substantive 205 treatment of the uses remains unchanged. 206 .... 207 208 ARTICLE 15. RESORT TOURIST DISTRICTS 209 210 C. RT -3 RESORT TOURIST DISTRICT 211 212 Sec. 1521. - Use regulations. 213 214 (a) The following chart lists those uses permitted within the RT -3 Resort 215 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 216 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 217 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached 218 dwellings, buildings within the RT -3 District may include any principal or conditional 219 uses in combination with any other principal or conditional use. No uses or structures 220 other than those specified shall be permitted. All uses, whether principal or conditional, 221 should to the greatest extent possible adhere to the provisions of the Oceanfront Resort 222 Area Design Guidelines. 223 224 Use RT -3 225 226 .... 227p �+ 220 Gloms+ markets b 229 230 .... 9 231 232 Open-air markets C 233 234 .... 235 COMMENT 236 The amendments substitute the term "open-air markets" for "flea markets." The 237 substantive treatment of the uses remains unchanged. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: Planning CA12276 R-1 May 24, 2012 APPROVED AS TO LEGAL SUFFICIENCY: V/ City Attorney's Office 7 Item # 14 An Ordinance to Amend Sections 111, 203, 901, and 1521, Repeal Section 233.3, and Add Section 239.03 of the City Zoning Ordinance, defining the term "Open -Air Markets," deleting the term "Flea Markets," adding Open -Air Markets and deleting Flea Markets as Conditional Uses in the B-2, B-3, B -3A9 B-4, B -4C, and RT -3 Districts and establishing off-street parking requirements for Open -Air Markets. July 11, 2012 CONSENT An Ordinance to Amend Sections 111, 203, 901, and 1521, Repeal Section 233.3, and Add Section 239.03 of the City Zoning Ordinance, defining the term "Open - Air Markets," deleting the term "Flea Markets," adding Open -Air Markets and deleting Flea Markets as Conditional Uses in the B-2, B-3, B -3A, B-4, B -4C, and RT -3 Districts and establishing off-street parking requirements for Open -Air Markets. SUMMARY OF AMENDMENT With the advent of the Internet and innovative means of selling and buying products that in the past were typically sold and bought at Flea Market events, the concept of a Flea Market has expanded into products and services that were not common at Flea Market events of the past. Additionally, the increase in awareness of the importance of fresh, naturally grown food products, as well as the increased desire of residents to support those who provide `Green' products and services, has further altered the character of the traditional Flea Market. Reflective of these changes, the proposed amendments substitute the term "Open - Air Market" for the currently used term "Flea Market." The definitions are substantively identical, but the definition of "Open -Air Market" clarifies that sales of produce of other farm products are included within the definition. The amendments also revise and, in some cases, delete various sections of the Zoning Ordinance pertaining to this change from Flea Markets to Open -Air Markets. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE Item # 14 An Ordinance to Amend Sections 111, 203, 901, and 1521, Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 13 by consent Stephen White appeared before the Commission. �Nu �yi Y� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of the City of Virginia Beach for the Closure of a 21,519 Sq. Ft. Portion of Old Norfolk to Virginia Beach Boulevard Right -of -Way (Also Known and Referred to as North Lynnhaven Road) (LYNNHAVEN - DISTRICT 5) MEETING DATE: August 28, 2012 ■ Background: The applicant requests closure of the southern portion of Old Norfolk to Virginia Beach Boulevard, also known and referred to as North Lynnhaven Road. The right-of-way proposed for closure is located adjacent to property owned by the United States of America and is occupied by the Navy Exchange Service Command ("NEXCOM") Headquarters Building. A preliminary title search revealed that upon closure of the right-of-way, by operation of law, the closed portion will vest in the United States of America. NEXCOM is proposing to expand their existing building. The plans for the addition to the building must comply with current Defense Anti -Terrorism Force Protection standards, which require a standoff zone around the exterior of the addition. No vehicular parking or public roadway or right-of-way is permitted within the standoff zone. The necessary standoff zone for the planned addition crosses into the right-of-way subject to this closure request. The right-of-way to be closed is unimproved and has not been used as a road since Virginia Beach Boulevard was realigned in the 1920s. ■ Considerations: Since only the southern portion of the right-of-way is being proposed for closure, the status of the northern portion of Old Norfolk to Virginia Beach Boulevard, also known and referred to as North Lynnhaven Road, will not change due to this closure request. The portion requested for closure will not be built upon or used in any way that conflicts with federal standoff zone requirements. The Viewers, upon review of the application and the reasons for the request, found that there will be no inconvenience to the public as a result of the closure. The closure of the southern portion of the Old Norfolk to Virginia Beach Boulevard, also known and referred to as North Lynnhaven Road, will allow the NEXCOM expansion area to meet the required standoff zone. This closure of the right-of-way will allow NEXCOM headquarters to remain in Virginia Beach, and thus continue contributing to the economy of the City by providing jobs to City of Virginia Beach Page 2 of 3 residents and business opportunities to local retail, manufacturing, and service sectors. Staff notes that conditions numbered 1 and 2, as stated in the Staff Report and Planning Commission Minutes, have been revised to reflect that no purchase price shall be charged because (#1) the City is the applicant, and (#2) the City shall retain a public utility easement over the closed area because public utilities are located in the right-of-way. Additionally, the federal government is exempt from the subdivision requirement, thus a subdivision plat incorporating the closed right-of-way into the existing parcel will not be required. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. [Copies of said policy are available in the Planning Department.] No purchase price shall be charged in this street closure, however, because the City is the applicant seeking this street closure. 2. The applicant shall record a declaration of easement to establish a public utility easement over the entire area proposed for closure, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure; however, if private utilities do exist, easements, satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. City of Virginia Beach Page 3 of 3 ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Ordinance Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: Sk,�j`iQ Planning Department Ir 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 21,519 SQ. FT. PORTION 4 OF OLD NORFOLK TO VIRGINIA BEACH 5 BOULEVARD RIGHT-OF-WAY (ALSO 6 KNOWN AND REFERRED TO AS NORTH 7 LYNNHAVEN ROAD) 8 9 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 10 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of right - 11 of -way discontinued, closed, and vacated; and 12 13 WHEREAS, it is the judgment of the Council that said portion of right -of - 14 way be discontinued, closed, and vacated, subject to certain conditions having been 15 met on or before one (1) year from City Council's adoption of this Ordinance; 16 17 WHEREAS, a preliminary title search revealed that upon closure of the 18 right-of-way, by operation of law, the closed portion will vest in the adjacent property 19 owner, the United States of America. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 SECTION 1 25 26 That the hereinafter described street be discontinued, closed and vacated, 27 subject to certain conditions being met on or before one (1) year from City Council's 28 adoption of this ordinance: 29 30 All that certain piece or parcel of land situate, lying and being 31 in the City of Virginia Beach, Virginia, designated and 32 described as "OLD NORFOLK TO VIRGINIA BEACH 33 BOULEVARD (VARIABLE WIDTH R/W) (SEE NOTE 2 — 34 SHEET 5)" shown as the shaded area on that certain plat 35 entitled: "STREET CLOSURE EXHIBIT OF PORTION OF 36 OLD NORFOLK TO VIRGINIA BEACH BOULEVARD 37 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 40', dated April 38 23, 2012, prepared by Baldwin & Gregg, a copy of which is 39 attached hereto as Exhibit A. 40 41 42 43 GPIN: Right-of-way / no GPIN assigned 44 Adjacent to GPIN 1487-95-8744 and 1487-95-4302 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination 51 regarding ownership of the underlying fee. The purchase price to be paid to the City is 52 normally determined according to the "Policy Regarding Purchase of City's Interest in 53 Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are 54 available in the Planning Department. No purchase price shall be charged in this street 55 closure, however, because the City is both the owner of the underlying fee and the 56 applicant seeking this street closure. 57 58 2. The applicant shall record a declaration of easement to establish a 59 public utility easement over the entire area proposed for closure, subject to the approval 60 of the Department of Public Utilities and the City Attorney's Office, which easement shall 61 include a reasonable right of ingress and egress. 62 63 3. The applicant shall verify that no private utilities exist within the 64 right-of-way proposed for closure. Preliminary comments from the utility companies 65 indicate that there are no private utilities within the right-of-way proposed for closure. If 66 private utilities do exist, the applicant shall provide easements satisfactory to the utility 67 companies. 68 69 4. Closure of the right-of-way shall be contingent upon compliance 70 with the above stated conditions within one (1) year of approval by City Council. If all 71 conditions noted above are not in compliance within one (1) year of the City Council 72 vote to close the street, this approval will be considered null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before August 27, 77 2013, this Ordinance will be deemed null and void without further action by the City 78 Council. 79 80 2. If all conditions are met on or before August 27, 2013, the date of 81 final closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 3. In the event the City of Virginia Beach has any interest in the 84 underlying fee, the City Manager or his designee is authorized to execute whatever 85 documents, if any, that may be requested to convey such interest, provided said 86 documents are approved by the City Attorney's Office. V, 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 90 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 91 OF VIRGINIA BEACH as "Grantor" and UNITED STATES OF AMERICA, as "Grantee." 92 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this 94 day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney APPROVED AS TO CONTENT: Planni CA12183 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D013\P015\00033361.DOC R-1 August 17, 2012 3 TELLEFSENK::K:\2515900\SURVEY\2515900-EXHI$IT.DWG LAYOUT: SHEET 1 5/16/2012 11:37AM N A33N 3�1SI� r cn p21 m z m —{ 3 \ m ti I CD m m ?G m o u m N � O O m ---- m - -- _ m m u - - _ Q Tl Ln m -- - Q � G o m so r9 GAS-s�' z 9 o , sGy92 m GFs `pu, oo z Q -dor o w Fj o�'�9l F m z m �F .ry m 7;z o c r m x 0 n m o .. 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White REQUEST: Discontinuance closure and abandonment of the southern portion of Old Norfolk to Virginia Beach Boulevard right-of-way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to GPINs LYNNHAVEN 21,518.64 square 65 — 70 dB DNL 1487984302 & feet 1487958744 SUMMARY OF REQUEST The applicant requests closure of the southern portion of "Old Norfolk to Virginia Beach Boulevard," which has also been known during the 20th century as London Bridge Road and North Lynnhaven Road. The right-of-way proposed for closure is located adjacent to property owned by the United States government, the majority of which is occupied by the Navy Exchange Service Command (NEXCOM) Headquarters Building. NEXCOM is proposing to expand their existing building. The plans for the addition to the building must comply with current Defense Anti -Terrorism Force Protection standards, which, for this addition, require an 82 -foot radius 'standoff zone' around the exterior of the addition. No vehicular parking or public roadway or right-of-way is permitted within the standoff zone. The necessary standoff zone for the planned addition crosses into the right-of-way subject to this closure request. Since only the southern portion of the right-of-way is being proposed for closure, the status of the northern portion of 'Old Norfolk to Virginia Beach Boulevard" / North Lynnhaven Road will not change due to this closure request. The portion requested for closure will not be built upon or used in any way that conflicts with federal standoff zone requirements. CITY OF VIRGINIA BEACH Agenda Item 10 Page 1 Should this request be approved, the closed area will be conveyed to the adjacent property owner, the United States government, which will allow the planning, programming, and construction of the addition to the NEXCOM Headquarters building to proceed. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The right-of-way is undeveloped and vegetated. There are City utility lines buried in the right-of-way. SURROUNDING LAND North: • Northern half of Old Norfolk to Virginia Beach Boulevard right - USE AND ZONING: of -way Single -Family Residential / R-7.5 Residential South: NEXCOM Headquarters / 0-2 Office and B-2 Community Business Districts East: Old Norfolk to Virginia Beach Boulevard right-of-way • Single -Family Residential / R-7.5 Residential West: Northern half of Old Norfolk to Virginia Beach Boulevard right- of-way • Single -Family Residential / R-7.5 Residential IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM CIP : There are no impacts to the MTP or CIP as a result of the requested closure. WATER: There is a 16 -inch water line located within portions of the proposed street closure which will require dedication of a 30 -foot wide public utility easement centered over the waterline. In addition, an all weather access will be required within the easement. SEWER: There are no sewer lines in the area proposed for closure. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The Viewers, upon review of the application and the reasons for the request, found that there will be no inconvenience to the public as a result of the closure. The closure of the southern half of the Old Norfolk to Virginia Beach Boulevard right- of-way will provide the United States government with the area to meet the 82 -foot radius 'standoff zone' required by Defense Anti -Terrorism Force Protection standards. The radius reaches into the area CITY OF VIRGINIA BEACH Agenda Item 10 Page 2 proposed for closure due to the location of a planned addition to the NEXCOM Headquarters building. The addition is located where it is proposed after extensive planning to provide for NEXCOM's efficient operation and to ensure security of the operation. While there will be construction on NEXCOM's existing site, the right-of-way requested for closure will remain as it is. The closure of the requested right-of-way will allow the headquarters for NEXCOM to remain in Virginia Beach, and thus continue to contribute to the economy of the city through the jobs provided to residents and the business provided to the local retail, manufacturing, and service sectors. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure; however, if private utilities do exist, easements, satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH Agenda Item 10 Page 3 �'cl A 14. ..rte - lcat,t..FTcf ci 111 e - •- '. �..' � �. i 44 :� Y 24-P-!6628 STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH Agenda Item 1O Rage 5 .. ..�..... ~ \ ? 4 - |« § y . uj ( \ , Z , U, a-§-3; Q $�/ ) / i } 4777\ a m § {\ \ % \ > S � 2 , . ® \ . . ... � Ln \ > \ \ \ , k \ § � / \ \ © ® V,$ . �Ea k� / _m.no gA mK m�-o t \Zg A1s\�*#mom ! STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH Agenda Item 1O Rage 5 STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH Agenda Item 10 Page 6 Zµ—I'-1bbLtS u7 E 133HS — 3NIIH01VW N N f5Z9b�58-Ld91 Nlda! c 0 g N or 141 i I X Y m r �l 1 _W� O W Z COwz� ®4m o}k R' � a� �� r -r• to =5niY � v z H • y Igf ��yyM M W 99 p to k'� N �p la o rpp Z E A W N O V to qj A 2 � O CD o en cM r r„ n so w ti a w 1pd p+ 7 / O I ✓ yf© If �a �� l Ww 447� InSpKY 6]Z r [9 Z Y a GD Q 4 MW C; t L ZIOZ/9:/6 L 133HS InOW OMC'IISIHX3-OO6St54\A3Abns\906S15L\N; HNiSA3 iL"IL STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH Agenda Item 10 Page 6 b 133HS - 3NI1H3iVW m� Jn N w u'r o da �S � a.� >- ` i t.. 1p pa t ��yg tn6`�•V� _ _ t N W c� W 6, z gr 11-1 LOT 30 ,noru tnG7-9F-46251 24-P-16626 U S a 9 LL U Q nm N d Q 2 133HS - 3N11H61HW 0 6 PNM4i EIDE/9A l AMS 1f1001 0MOIIHIHX3 0069t9Z\A3A8nS\D069L6Z\*'MSAIll 1. STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH Agenda Item 10 Page 7 k� � � N r w 47 ui M b W „ 2 m i ui w *�8 Q U ~ N ui owaw r $ fSzTy�. o N m J I rZ-� -CIF Ul 4aw m U S a 9 LL U Q nm N d Q 2 133HS - 3N11H61HW 0 6 PNM4i EIDE/9A l AMS 1f1001 0MOIIHIHX3 0069t9Z\A3A8nS\D069L6Z\*'MSAIll 1. STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH Agenda Item 10 Page 7 24-P-16528 � � a iG yi fy F -fes N J isi W �s r o� r;o Ai U J iY 0 LL z w N7{{�� a5 �(1 pad oz�'e QiKi�a TJtli Ci GY / J ® J y�j"I m_ \ ��j �• v� / N7 �"Ift7'.�Z RA Y: �•rS � '� Ik F- qr g N ti rflr / h Oi�09W k � =1 W 4 p t3 f k. N 1, 4C 3� e� Ln n, p" a k � I E 133HS - 3NIIH31dW WYE, .. �..;7./3l/7 l .i7'•IS �l^OAV1 flM4'l'E{°!X7 nCSSIs: �it��Y:cNp1:5„ STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH Agenda Item 10 Page 8 !Mlft� ti t 1917 SUBDIVISION PLAT SHOWING SUBJECT RIGHT-OF-WAY CITY OF VIRGINIA BEACH Agenda Item 10 Page 9 1982 SUBDIVISION PLAT SHOWING SUBJECT RIGHT-OF-WAY CITY OF VIRGINIA BEACH Agenda Item 10 Page 10 i Illv. 1982 SUBDIVISION PLAT SHOWING SUBJECT RIGHT-OF-WAY CITY OF VIRGINIA BEACH Agenda Item 10 Page 10 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) City of Virginia Beech (see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity? relationship with the applicant: (Attach list if necessary) NIA 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 /lot if necessary) N/A 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) N/A Check here If the property owner is NOT a corporation, partnership, firm, business, or otter unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an Interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? scree+ Closure Applicat" Page 10 of I I DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH Agenda Item 10 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list N necessary) N/A "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code g 2.2-3101. t "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership Interest In the other business entity, (11) 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 *here 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 true and accurate, I understand that, upon receipt of notification (postcard) that the application hes 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 Plannino to photograph and view the alto for purposes of processing and evaluating this application t Steve Herbert, DeputyGI Mana �,/L tY GSI Apilllc*nrs Signature Print Name Property Owner's Slgnature (if different than applicant) Print Name Street Oleeure APPI19 ion Dego t i of ti Revised MW DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH Agenda Item 10 Page 12 City Council of Virginia Beach �(s?:1�5 }?�1111�t1.�� p+atiti+trx ,Ir )..w. 1, 2000. 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DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH Agenda Item 10 Page 13 Item #10 City of Virginia Beach Discontinuance, closure and abandonment of the southern portion of Old Norfolk to Virginia Beach Boulevard District 5 Lynnhaven August 8, 2012 REGULAR An application of the City of Virginia Beach for the discontinuance, closure and abandonment of the southern portion of Old Norfolk to Virginia Beach Boulevard right-of-way, District 5, Lynnhaven, GPIN: Adjacent to GPINs 1487984302 & 1487958744. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure; however, if private utilities do exist, easements, satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions 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 far crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #10 City of Virginia Beach Page 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 10. Scott Hall appeared before the Commission on behalf of the applicant. L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT