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SEPTEMBER 18, 2012 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WIL/,IAM U. SESSOMS, JR., At-Large V/CF, MAYOR LOULS R. JONES, Bayside - District J GL/:NN 2 DAV/S, Rose Hall - Distrtet 3 WIL LFAM R. DeS/EPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 /Z0F3ERT M. DYER, Centerville -District 1 BARBARA M. HENLEY, Princess Anne -District 7 JOHND.MOSS, At-Large IOHNE. UHRIN, Beach District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, I,ynnhaven -District 5 CITY COUNCIL APPOINTEES CI7'YMANAGL'R -.IAMESK. SPORE CITY ATTORNL'Y - ,~L(ARK U. ST/I.ES CFI'YASSh,'SSOIZ-JF.RAl.UD. BANAGAN CFl'YAUDITOR LYNDONS. REMIAS CITY CL fiRK -- RUT H HODGL'S ERASER, MMC I II III CITYHALL BUILDING 2401 COURTHOUSE DRIVE V/RGINIA BEACH, VIRGINIA 23456-9005 CITY COUNCIL AGENDA PHONE:(7s7)38s-43o3 FAX (757J 385-5669 18 September 2012 E-MAIL: Ctycncl@vbgoucom CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Jack Whitney, Director -Planning CITY COUNCIL COMMENTS A. ARENA ANALYSIS CITY COUNCIL AGENDA REVIEW - Conference Room - 4:30 PM IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 5:30 PM V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kathleen W. Haynes Pastor, Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. FY 2011-12 CAPITAL BUDGET AMENDMENT Shore Drive -Phase III and Witchduck Road -Phase II I. PUBLIC COMMENT 1. TOWN CENTER -Phase V J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS September 11, 2012 l . Ordinance to EXECUTE a LEASE with the Development Authority (VBDA) for City-owned property (Budget Lodge) to provide parking spaces at Atlantic Avenue and 3` Street. 2. A Resolution to AUTHORIZE a limited waiver of Deed Restrictions to allow athree-story building for Stratford University at 555 South Independence Boulevard 3. Ordinances re APPROPRIATIONS: a. CARRY FORWARD $1,647,651 for authorized obligations and encumbrances previously approved in the FY-2011-12 Budget into the FY-2012-13 Operating Budget b. $244,069 for costs associated with the FY 2012-13 Public Safety Line of Duty Act (CODA) to provide extra benefits for hazardous duty positions pursuant to the Virginia State Code c. $56,420 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re DUI enforcement d. $65,053 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re seatbelt law enforcement L. PLANNING 1. Application of JOHN W. LYNCH fora Floodplain Variance at 2341 Princess Anne Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION NO ACTION (withdrawn prior to Planning Commission Hearing) 2. Application of ARAI AMERICAS, INC. for Modification of Condition No. 1 of a Street Closure to replace a cul-de-sac with a dedicated public access easement at 5878 Bayside Road (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL Application of BARBARA L. TYNES for a Conditional Use Permit re a residential kennel at 1928 Stanhope Court (DISTRICT 1 - CENTERVILLE) RECOMMENDATION APPROVAL 4. Application of RODNEY PRICE for a Conditional Use Permit re a vehicle rental at 3497 Holland Road (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL Application of SILVER HILL AT THALIA, LLC/JOYCE ANN LIPTON for a Conditional Change of Zoning District Classification, from Conditional O-1 Office to Conditional A-24 Apartment for multi-family dwellings at 4329 Bonney Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION NO ACTION (Due to City Council date change) M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE -COG N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT The City Council Schedule Changes for September September 25 -Workshop - 2:00 p.m. 2012 CITYHOLIDAYS Monday, November 12 Thursday, November 22 Friday, November Z3 Monday, December 24 Tuesday, December 25 Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY MANAGER'S BRIEFING -Conference Room - 4:30 PM A. PENDING PLANNING ITEMS Jack Whitney, Director -Planning II. CITY COUNCIL COMMENTS A. ARENA ANALYSIS III. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - 5:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kathleen W. Haynes Pastor, Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 11, 2012 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. FY 2011-12 CAPITAL BUDGET AMENDMENT Shore Drive -Phase III and Witchduck Road -Phase II I. PUBLIC COMMENT TOWN CENTER -Phase V P~lBLIC HEARING AMENDMENTTOTHE FY 2011-12 CAPITAL BUDGET: Appropriation of $10,000,000 for Roadway Projects On Tuesday, September 18, 2012, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendmentto the FY 2012-13 Capital Budget. The amendment is necessary to appropriate, by ordinance or ordinances, $10,000,000 in additional funding from the Vrginia Department of Transportation (VDOT) in the FY 2012-13 Capital Budget 1. Capital Project # 2-117, "Shore Drive -Phase III," will be increased by $5,000,000 from VDOT to improve safety through intersection improvements, pedestrian amenities and bike improvements. 2. Capital Project # 2-025, "Witchduck Road -Phase II," will be increased by $5,000,000 from VDOT and $5,000,000 in local funds to improve capacity and safety on Witchduck Road from I-264 to north of Vrginia Beach Boulevard. The match is available from local funds previously allocated to Capital Project#2-117, "Shore Drive -Phase III;' due to the additional State funding provided forthat project. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD -711. Ruth Hodges Fraser, MMC City Clerk Beacon September 9, 2012 CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to EXECUTE a LEASE with the Development Authority (VBDA) for City-owned property (Budget Lodge) to provide parking spaces at Atlantic Avenue and 3` Street. 2. A Resolution to AUTHORIZE a limited waiver of Deed Restrictions to allow athree-story building for Stratford University at 555 South Independence Boulevard 3. Ordinances re APPROPRIATIONS: a. CARRY FORWARD $1,647,651 for authorized obligations and encumbrances previously approved in the FY-2011-12 Budget into the FY-2012-13 Operating Budget b. $244,069 for costs associated with the FY 2012-13 Public Safety Line of Duty Act (CODA) to provide extra benefits for hazardous duty positions pursuant to the Virginia State Code c. $56,420 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re DUI enforcement d. $65,053 Grant from the Virginia Division of Motor Vehicles (DMV) with a local match re seatbelt law enforcement ~c.,~;~nEa > r ul +' k 1y +~ } s; .r,~ ,' .'K~" ~~::~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One (1) Year, with Four (4) One-Year Renewal Options, with the City of Virginia Beach Development Authority for 33 Parking Spaces located at Atlantic Avenue and 3~d Street. MEETING DATE: September 18, 2012 ^ Background: The City of Virginia Beach (the "City") owns two parcels of land located near the intersection of Atlantic Avenue and 3~d Street in the City of Virginia Beach. The two parcels are shown on the attached location map (GPIN: 2427-22-9388 (the "Northern Parcel") and a portion of 2427-31-0964 (the "Southern Parcel")) (collectively, the "Premises"). The Northern Parcel is directly adjacent to the Budget Lodge located at 300 Atlantic Avenue (the "Budget Lodge") and has been used for 23 off-street parking spaces by the Budget Lodge pursuant to a lease between the City and the current operator of the Budget Lodge. The Southern Parcel is a part of the City-owned parking lot at Rudee Loop and consists of 10off-street parking spaces. The City of Virginia Beach Development Authority (the "Authority") owns the Budget Lodge and has leased it to a private operator for the past ten years (the "Lease"). The Lease expires on September 30, 2012 and the Authority issued an Request For Interest ("RFI") seeking a new tenant. As a result of the RFI, the Authority has agreed to lease the Budget Lodge to Pinnacle Hospitality-VIII, LLC. The Budget Lodge has fifty-two (52) rooms but only nineteen (19) on-site parking spaces. The previous tenant had an arrangement with the owner of a private parking garage for additional parking spaces. The Authority desires to lease the Premises for the purpose of sub-leasing the Premises to the new operator of the Budget Lodge to use as hotel parking. The lease between the City and VBDA would be for a period of five years, with an annual right of termination by either party. The sublease between the Authority and the new operator would be for a same terms and right of termination by either party. ^ Considerations: The Authority has authorized the lease of the Budget Lodge to Pinnacle Hospitality-VIII, LLC, subject to City Council's approval of the lease of the Premises to the Authority. All proceeds received from the Authority as rent for the Budget Lodge and the sub-lease for parking contemplated by this action would be remitted to the City by the Authority. Presently, the Authority receives $131,000 annually in rent for the Budget Lodge and the City receives $12,000 annually from the current operator of the Budget Lodge for leasing the Northern Parcel. The new lease of the Budget Lodge and the Premises has a total annual rent of $178,825.99. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve terms of lease as presented, change terms of lease or deny leasing the Premises. ^ Recommendations: Approval ^ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting DepartmentlAgency: Economic Development City Manager: ~~~ ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR ONE (1) YEAR, WITH FOUR (4) ONE-YEAR RENEWAL OPTIONS, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR CITY-OWNED PROPERTY LOCATED AT ATLANTIC AVENUE AND 3RD STREET WHEREAS, the City of Virginia Beach (the "City") owns two parcels of land located near the intersection of Atlantic Avenue and 3~d Street in the City of Virginia Beach. The two parcels are shown on the attached location map (GPIN: 2427-22-9388 (the "Northern Parcel") and a portion of 2427-31-0964 (the "Southern Parcel")) (collectively, the "Premises"); WHEREAS, the City of Virginia Beach Development Authority (the "Authority") owns the fifty-two room hotel located at 300 Atlantic Avenue in Virginia Beach (the "Budget Lodge") along with the nineteen parking spaces located on the same parcel as the Budget Lodge; WHEREAS, the Northern Parcel is immediately to the west of the Budget Lodge and consists of twenty-three off-street parking spaces. The Southern Parcel is across 3~d Street and consists of ten off-street parking spaces; WHEREAS, the Authority has leased the Budget Lodge to a private operator for the past ten years, and that lease expires on September 30, 2012; WHEREAS, the Authority has issued a request for interest seeking a new lessee (the "RFI"), and has authorized a lease to Pinnacle Hospitality-VIII, LLC, subject to City Council approval of the lease of the Premises to the VBDA; WHEREAS, the Authority desires to lease the Premises from the City for a term of one year, with four (4) one-year renewal options, for the purpose of sub-leasing the Premises to the new lessee of the Budget Lodge, providing them 33 additional off-street parking spaces; and WHEREAS, all rent received by the Authority from the sub-lease of the Premises would be remitted to the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term of one (1) year, with four (4) one-year renewal options, between the Authority and the City for the Premises in accordance with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms and 46 47 48 49 50 conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012 APPROVED AS TO CONTENT: Dept. of Economic Development CA12163 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D015\P014\00034199.DOC R-1 August 26, 2012 APPROVED AS TO LEGAL SUFFICIENCY AN ~, City Attorney EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY LESSOR: City of Virginia Beach (the "City"). LESSEE: City of Virginia Beach Development Authority (the "Authority") PREMISES: Thirty-three (33) off-street parking spaces located on two City- owned parcels: 1) GPIN 2427-22-9388 located immediately to the west of the Budget Lodge at 300 Atlantic Avenue (23 spaces), and 2) a portion of GPIN 2427-31-0964 located in the City-owned parking lot on the south-side of 3rd Street (10 spaces). TERM: October 1, 2012 through September 30, 2013, with four (4) one- year renewal options at the mutual option of the parties (the "Term"). SUB- LEASE: The Authority intends to sub-lease the Premises to Pinnacle Hospitality-VIII, LLC ("Pinnacle") as a part of the Authority's lease of the Budget Lodge to Pinnacle. RENT: The Authority shall remit all rents received from Pinnacle for the Lease of the Premises to the City. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for guests, customers and employees of the Budget Lodge and for no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D015\P014\00034201. DOC ~~~ ~ - -~_ _~ ~ ~ i 1 r ~. ~~.~ ~~~M1lv~~ . S ,y.rr ~,_,-_._ - ~ ,~ ,` -- / t _a ,.~„_, ,~ _ ~ _._ ._~ _ ~ ~ti, y~l .. ~~~ . 5 f ~- r • ti •-~ ,~~ ' ti" i '~ . y~ S ~ • ti ~ ti • ` ~yrrr~ rf 1 -- -~ r ~, ~ ~r.r•1 ~~^,'~1 ~1~ ~ 1~~'dd ~ E y ,- '~ ~ L7 ~ wZC ~ .~ ~ ~ O ~ . Z ~ ~ N y ,' _ _ _~ N ~ ~ y - _ ~ w o°DO ~ C7 ~ c~D ~ D - ti , ~-,- °~ 5 t f ll ~ ~~ ~ ~ d~ , --= :., r ~} ti ,~ ;•; ; ~ Q ~ 0 ~~' i~ r 4 G7 ~ ~ y ~'~~ '~ ~ ~'~ :i Z ~ ~ Q' ~ ~ 7 ~ _ ~~ ~ W ~ ~ ~ t~f! ~ I~'~ '~ c ~ ~ ~~~D ~ ~ zaQ o ~~?D ~~~ A~cQ ~ . 6 ; • N D O .~ w _ = _ _ - ~ `r. O ~ Q. W ~ ~ - _^ . .. N O ~ tt f ` ~ '~i ' : ~ ~ c~ ' ~ -fir ~ ~ ti - 5 r ~ ~ ~ 3~ ~_~~~~ y ,~° r ~_ O Z D (y~4i i~"1. ~'e~) 4~i~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing a limited waiver of the City's deed restrictions on the property located at 555 S. Independence Boulevard (GPIN 1476-78-0091) MEETING DATE: September 18, 2012 ^ Background: The City of Virginia Beach (the "City") was the owner of 7.687 acres on South Independence Boulevard (the "Property"), which was originally acquired from the Commonwealth Transportation Commissioner. Ordinance 2613) was adopted on September 26, 2000, approving the sale of the Property with several conditions, including a condition that no structures constructed on the Property exceed 2 floors in height (the "Height Restriction"). The City sold the Property to Tech 80, LLC, Technology South, LLC and 43~d Street Associates, LLC, by deed dated January 16, 2001 (Deed Book 4346, at page 1203), which deed documented the deed restrictions, including the Height Restriction. The Property was transferred in 2003 to Technocenter Associates, LLC ("Technocenter") and later subdivided into two parcels. One parcel is developed with a two-story office building. The other parcel, known as 555 S. Independence Boulevard (the "Development Site"), is an undeveloped 3.4-acre portion of the Property. Technocenter and TGM Realty Investors Inc., (collectively, the "Applicant"), have been granted a conditional use permit to develop the Development Site with a private college known as Stratford University. A condition of the use permit is that the Height Restriction be waived to allow the building to be 3 stories in height, and accordingly, the Applicant has requested that the City waive the Height Restriction in a limited way to allow a 3- story building for development of the college. All other Deed Restrictions will remain in full force and effect on the Property. ^ Considerations: The Applicant met with the Board of Trustees of the Larkspur Civic League and the owners of the adjacent properties and advised them of their request to waive the Height Restriction to allow a 3-story building. There were no objections to the proposed limited waiver. The Deed conveying the Property includes several conditions and easements. One of the restrictions is the Height Restriction, which states that "no structure erected on the Property shall exceed two floors in height." A second restriction requires "a 50 foot treed buffer shall be maintained along the rear property line of the Property adjacent to the Larkspur Subdivision (the `buffer area') except as necessary to connect utilities or drainage structures or perform work required to obtain any governmental permits." A third restriction states "no clearing of understory shall be performed within the buffer area without the prior written approval of the Grantor's Department of Planning." To allow a 3-story building on the Development Site, the City Council will need to approve a Resolution authorizing the recordation of a limited waiver of the Height Restriction. The limited waiver will apply only to the Development Site for the building to be constructed for the Stratford University development, and the Height Restriction will remain in place as to the balance of the Property and as to any future redevelopment of the Development Site. ^ Public Information: Advertisement of City Council Agenda. ^ Alternatives: Enforce the Height Restriction to bar construction of any building taller than 2 stories. ^ Recommendations: Approval ^ Attachments: Resolution, Concept Plan and Location Map Recommended Action: Approval Submitting Department/Agency: Planning City Manager: '~ ~ , Z Q J a a ~ W V Z O V 1 A RESOLUTION AUTHORIZING A LIMITED WAIVER OF 2 THE CITY'S DEED RESTRICTIONS ON THE PROPERTY 3 LOCATED AT 555 S. INDEPENDENCE BOULEVARD 4 (GPIN 1476-78-0091). 5 6 WHEREAS, the City of Virginia Beach (the "City") was the owner of ~ 7.687 acres on S. Independence Boulevard (the "Property"); s 9 WHEREAS, City Council adopted Ordinance 2613) on September 26, l0 2000, approving the sale of the Property with several conditions, including a condition 11 that no structures constructed on the Property exceed two (2) floors in height (the 12 "Height Restriction"); 13 14 WHEREAS, the City sold the Property to Tech 80, LLC, Technology 15 South, LLC and 43~d Street Associates, LLC, by Deed dated January 16, 2001 and 15 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (the l~ "Clerk's Office") in Deed Book 4346, at page 1203, which deed documented the deed is restrictions, including the Height Restriction; 19 20 WHEREAS, the Property was transferred in 2003 to Technocenter 21 Associates, LLC ("Technocenter") and later subdivided into two parcels: one parcel is 22 developed with atwo-story office building and the other parcel, known as 555 S. 23 Independence Boulevard (the "Development Site"), is an undeveloped 3.4-acre portion 24 of the Property as shown on the attached Exhibit A; 25 26 WHEREAS, Technocenter, together with TGM Realty Investors Inc., 27 (collectively, the "Applicant") would like to develop the Development Site with a private 2s college known as Stratford University; 29 3o WHEREAS, in order to accommodate the college, the Applicant has 31 requested that the City waive the Height Restriction in a limited way to allow a 3-story 32 building for development of the college; 33 34 WHEREAS, all other deed restrictions affecting the Property will remain in 35 full force and effect on the Property; and 36 37 WHEREAS, the City Council is of the opinion that authorizing the 3 $ recordation of a document granting a limited waiver of the Height Restriction, to allow 39 construction of a three-story building as to this specific development would be in the 4 o best interests of the City. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 1. That the City Council hereby authorizes the limited waiver of the Height 4 6 Restriction created in the Deed from the City to Tech 80, LLC, Technology South, LLC 47 and 43~d Street Associates, LLC, dated January 16, 2001 and recorded in the Clerk's 4 s Office in Deed Book 4346, at page 1203 (the "Deed"); 49 2. That such limited waiver of the Height Restriction shall apply only as to 5o the Development Site located at 555 S. Independence Boulevard (GPIN 1476-78- 51 0091) and identified and described as "Parcel B-3-B" on that certain subdivision plat 52 entitled, "Subdivision Plat of Parcel B-3 Technology Center Virginia Beach, Virginia" 53 and recorded in the Clerk's Office as Instrument No. 20070406000467600, and to no 54 other property; 55 56 3. That such limited waiver of the Height Restriction shall apply only to 57 allow construction of a structure that does not exceed three (3) floors in height for the 5 s development of the proposed private college and shall be in substantial conformance 59 with the submitted plan entitled, "Conceptual Plan for Conditional Use Permit, 6o Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which 51 have been exhibited to the Virginia Beach City Council and are on file in the Planning 62 Department; 63 64 4. That except for the limited waiver of the Height Restriction authorized 65 herein, all other restrictions, limitations, and terms of the Deed shall continue to 66 remain in full force and effect; and 67 6 $ 5. That the City Manager is hereby authorized to execute any documents 69 necessary to grant such limited waiver as may be consistent with this Resolution and 7 o acceptable to the City Manager and in a form deemed satisfactory by the City Attorney 71 and that such documents may be recorded in the land records of the Clerk's Office. 72 73 This ordinance shall be effective from the date of its adoption. 74 75 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 6 day of , 2012. CA12398 R-1 9/5/12 APP OVE S CONTENT P~•t t City me 's ffice Planning APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT (~ ~s ~ ~ .~ P is Works/Real Estate ~' r O n O Z D ~~{(~ `~ r, ~ ~ ~~~~ ~ €{S ~ ~ ~ ~ iii §gg r ~ y r ~ ~ ~ [{I 4! r ~f1t rrz 3i'Ceie~Sl' d0 `'~ah;~fE °Y kq ~S'~k.q S$5 b~~i V4 ~~":, ~i e•C.F.'~:t ~ %~~~~~ Fa }f>i9 I~ ~~4~, ro ~ 2277,ii fu ~ -~5; 4~: ~ . t ~1~h"~na~` .L" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Carry Forward and Appropriate $1,647,651 for Purposes Previously Approved in FY 2011-12 into the FY 2012-13 Operating Budget MEETING DATE: September 18, 2012 ^ Background: The Annual Appropriation Ordinance provides for the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances. See § 8 of the FY 2012-13 Operating Budget Appropriation Ordinance. On the other hand, funds that are approved for a specific purchase or contract, but remain unobligated or unencumbered at the end of the year, may be requested by departments to be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: Funding was approved in FY 2011-12 to purchase a piece of equipment or renovate a small building but, due to extenuating circumstances, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; Funds were approved by City Council by budget amendment or City Manager by authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and Funds provided for a specific grant program were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements (discussed below) and to ensure that there is sufficient fund balance to meet the City Council's fund balance policy. ^ Considerations: Criteria applied by Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • The funds requested to be carried over must remain in the same fund, budget unit, and account code in the new fiscal year as they were in the old fiscal year; • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as personal services, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not provided to the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit (as identified in the Operating Budget Ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $1,647,651. Of that amount, $886,774 is for the General Fund, $231,896 is for the DEA Seized Property Special Revenue Fund; $211,333 is for the Storm Water Utility Enterprise Fund; $75,000 is for the School Landscaping Internal Service Fund; $235,000 is for the Fuels Internal Service Fund; $7,648 is for the Homeless Donation Parking Meters. ^ Public Information: Public information will be handled through the normal City Council agenda process. ^ Attachments: Ordinance, Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13 Recommended Action: Approval of Ordinance Submitting Department/Agency: t City Manager: ~~c~U - Management Servi ~s~{~ ~..~~°~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO CARRY FORWARD AND APPROPRIATE $1,647,651 FOR PURPOSES PREVIOUSLY APPROVED IN FY 2011-12 INTO THE FY 2012-13 OPERATING BUDGET Whereas, funds totaling $1,647,651 were unexpended at the close of the FY 2011- 12fiscal year and require re-appropriation to achieve the purposes for which such funds were included in the FY 2011-12 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,647,651 is hereby appropriated in the FY 2012-13 Operating Budget for the purposes and amounts asset forth in the attachment entitled "Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13," with revenue from the respective fund balances of each fund. Requires an affirmative vote by a majority of all of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2012. APPROVED AS TO CONTENT: ~~ Management Services CA12381 R-1 September 5, 2012 APPROVED AS TO LEGAL Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13 Department Purpose /Comments City Treasurer 35,500 This is to cover the cost of mail equipment that City Council approved on June 28, 2011. Purchase orders are pending. Human Resources-Director's Office $ 15,590 Funds are needed to conduct entry Firefighter assessments for 300- 400 applicants at the end of July and beginning of August (new fiscal year). Human Resources-Learning and $ 25,000 Start-up cost for E-Learning contract approved in last fiscal year. Development RFP has been completed and negotiations with those vendors on the short list are in progress. Selection and implementation of new contact will be completed during the first quarter of new fiscal year. Police-Support $ 180,000 A total of $180,000 was appropriated to develop or purchase a software application for the false alarm reduction program. A project team has been assembled but the City will not be in a position to obligate these funds until FY 2012-13. Public Works-Mosquito Control $ 100,000 Upgrade electrical, ventilation, and fire suppression to an existing building at the Public Works Pungo facility. Planning-Director's Office $ 46,000 Provide additional software and licenses needed to complete Phase 1 of the Planning Business System Integration of Accela. Cultural Affairs-Art and Humanities $ 17,935 Virginia Beach Arts and Humanities Commission will have $17,935 Commission due to returned project grants and unpaid grants that did not meet contractual stipulations from the Commission. ComIT-Systems Support $ 374,316 Funds needed to complete the upgrading of all City computers to Windows 7 and Office 2010. This project began in May 2011 and is only 41% complete. Emergency Medical Services-Medical $ Shelters Management Services 12,000 A portion of the funds allocated for the Medically Friendly Shelter (MFS) Program for Medical Supplies is being requested. 67,758 The City has a contract with Sarasota County Florida for the City's budgeting software. The area where the software falls short is in its performance measurement module. This funding was provided to pay the City's cost of improvements to this module. Changes within the GovMax management structure has delayed this initiative. With Sarasota County taking on the management of the software, there is a user group conference this October to discuss needed changes to the performance measurement module. 1 Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13 Department Purpose /Comments Housing & Neighborhood Preservation- $ 12,675 City Council approved $175,000 for enhanced funds for Certificate of Compliance Program homelessness in basic living assistance (fully expended), Medical Issues ($12,675 unexpended), Healing Place regional project (funds fully encumbered). Medical Assistance funds are being requested to carry forward. TOTAL GENERAL FUND $ 886,774 Police-DEA Uniform Patrol Grants $ 3,100 A total of $25,685 was appropriated to allow the department to send command personnel to long-term executive level training. Two long-term schools were attended. The remaining funds will be used within the next 12 months. Police-DEA K-9 $ 13,500 A total of $21,000 was appropriated to purchase 3 replacement canines. One canine has been purchased with 2 additional expected to be replaced within the next 12 months or earlier depending on officer change of assignments, retirements or canine medical issues. Police-DEA Helicopter Unit $ 20,000 Purchase and install a new and supported GPS in the Bell 206 helicopter. This purchase has taken longer than expected but will be completed within the next 6 months. Police-DEA Uniform Patrol $ 100,000 Replace and upgrade components to the oceanfront security camera system. Some minor upgrades have taken place using the department's operating budget funds, but major changes have been delayed to allow additional evaluation. Police-DEA Uniform Patrol $ 26,610 Purchase up to 50 additional or replacement tasers. The department has been evaluating models that have recently become available in the market and has delayed a purchase until a final decision is made. Police-DEA Uniform Patrol $ 25,000 Reconfigure certain components to the Crisis Negotiation Vehicle. The Police Department and City Garage continue to review options regarding this reconfiguration. Police-DEA Special Investigative $ 8,686 The Police Department, with the City Garage's approval, retains Division useful vehicles that are seized though federal or state seizure laws. The Police Department must pay a fixed percentage of a vehicle's value to federal or state agencies on vehicles retained for Police Department use. A total of $8,686.12 remains available for this purpose. 2 Exhibit A: FY 2011-12 Items Requested for Carry Forward into FY 2012-13 Department Purpose /Comments Police-DEA Special Investigative $ 20,000 Funds to allow Special Investigations to replace their facility alarm Division and entry system. Quotes are being solicited to upgrade the alarm system, install security cameras, and door entry mechanisms. Final quotes ad decisions will not be made until after July 1, 2012. Police-DEA Special Investigative $ 15,000 Special Investigations for confidential investigation funds. The Division primary reason the funds have not been used to date is because written protocols are being finalized prior to funds being used. TOTAL DEA SEIZED PROPERTY SPECIAL $ 231,896 REVENUE FUND Public Works-SWU-Operations and $ 120,000 Storm water maintenance replacement equipment -dump truck. Maintenance Delays occurred in ordering during FY 2011-12. Public Works-SWU-Operations and $ 91,333 New dump truck for new storm water maintenance ditch crew. Maintenance Delays occurred in ordering during FY 2011-12. TOTAL STORM WATER UTILITY $ 211,333 ENTERPRISE FUND Parks &Recreation-Schools $ 75,000 Purchase new basketball stanchions, backboards, rims and nets at Landscaping various school sites. TOTAL SCHOOL LANDSCAPING $ 75,000 INTERNAL SERVICE FUND Public Works-Fuels $ 235,000 Citywide fuel access card system to provide a more secure fuel usage system. Product testing will also be needed. TOTAL FUELS INTERNAL SERVICE $ 235,000 FUND Housing & Neighborhood Preservation- $ 7,648 Meter Pilot Program to address panhandling and homelessness at Parking Meter Donations resort area. TOTAL PARKING METERS -HOMELESS $ 7,648 DONATION FUND TOTAL CARRY FORWARDS $ 1,647,651 3 Nu eel 4 u f! yOt'A. + IJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $224,069 for Fiscal Year 2012-13 Line of Duty Act (CODA) Costs MEETING DATE: September 18, 2012 ^ Background: The Line of Duty Act (CODA) was established on April 8, 1972. It provides benefits to state and local government public safety employees (including volunteers) who hold specified hazardous duty positions (pursuant to Code of Virginia § 9.1-400 et seq.). Member coverage includes Police, Fire, Sheriff and Emergency Medical Services (EMS) personnel. Line of Duty benefits for public safety employees and volunteers include: • Death benefits to beneficiaries - $100,000 payable to beneficiaries in most cases, which is in addition to Virginia Retirement System (VRS) life insurance. • Health Insurance benefits -Coverage for permanently disabled employee or an employee's beneciaries due to death (to include coverage for spouse, widow/widower, and dependent children). This benefit is paid until death of retiree and spouse. For FY 2012-13, there are 1,657 Virginia Beach active public safety employees and 535 public safety volunteers potentially eligible to make claims under Line of Duty Act (CODA). Please note that there are 249 retirees and dependents currently receiving CODA benefits. Until July 2010, the Line of Duty Act (CODA) program was administered and paid through the Virginia Department of Accounts. The 2010 Appropriations Act established the Line of Duty Act (CODA) Fund and changed the funding structure for the CODA fund. Costs were shifted from the state to the locality. The Line of Duty Act (CODA) Fund is overseen by the Virginia Retirement System (VRS) and provides a funding mechanism for payment of Line of Duty Act (CODA) benefits. The state and localities participate automatically in the Line of Duty Act (CODA) Fund. For Fiscal Year 2010-11, Virginia Retirement System (VRS) did not impose a premium. During FY 2011-12, Virginia Beach made a payment to Virginia Retirement System (VRS) to cover only a portion of the existing Line of Duty Act (CODA) benefit costs. The final FY13 Line of Duty Act (CODA) assessment from Virginia Retirement System (VRS) was not received until early May 2012 (after budget adoption). As a result, the amount budgeted ($625,000) is insufficient to cover the FY13 estimated costs of $849,069. ^ Considerations: The rate for public safety and eligible volunteers is established by Virginia Retirement System (VRS) based on the total number of pool participants and anticipated costs (by employee type). Current VRS rates have been established to gradually recover the costs for Fiscal Year (FY) 2010-11 and to phase-in rates as localities gradually absorb full costs for this program. Both functions are being conducted concurrently. For Fiscal Year (FY) 2012-13, all Line of Duty Act (CODA) Fund members must contribute $474.14 per active safety employee and $118.54 for public safety volunteer. For FY 13, Virginia Beach has 1,657 active safety employees and 535 public safety volunteers who are potentially eligible for this program. The Fiscal Year 2012-13 Line of Duty Act (CODA) costs were estimated to be $621,142.58 based on 1,642 active safety employees and 226 public safety volunteers who were potentially eligible for this program (during Fiscal Year 2011-12) at the rate of $365.70 and $91.43 respectively. The amount of $625,000 was budgeted in FY 2012- 13. Since $625,000 was budgeted in Fiscal Year 2012-13, an additional amount of $224,069 is needed to cover the anticipated costs. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Alternatives: Without the additional funds, these beneficial state-mandated services would not be provided. ^ Recommendations: It is recommended that City Council authorize a transfer in the amount of $224,069 from the Reserve for Contingencies to the Non-Departmental budget. ^ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Department of Finance~at/.~NtC~C~- City Manager: ~ ~ ~ 1 AN ORDINANCE TO TRANSFER FUNDS FOR FISCAL YEAR 2 2013 LINE OF DUTY ACT BENEFITS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That $224,069 is hereby transferred from the Reserve for Contingencies to the FY 6 13Non-Departmental Operating Budget to provide Line of Duty benefits for public safety 7 employees and volunteers. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Managerfient~ Services Atto ey' ice CA12383 R-1 September 11, 2012 GNU e~~ ~~~~ ..- ...,~y: 4;~ ~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the FY 2012-13 Operating Budget of the Police Department for the Enforcement of DUI Laws MEETING DATE: September 18, 2012 ^ Background: Since the 1990s, the Virginia Department of Motor Vehicles ("DMV") has awarded grants to the Virginia Beach Police Department for enforcement initiatives. The DUI Enforcement grant will be active from October 1, 2012, through September 30, 2013. Officers will use the funding for overtime needed for selective DUI enforcement. The grant will also fund the purchase of breath test devices and audio visual equipment rental for the 2013 DUI Conference. ^ Considerations: The grant provides $56,420 and requires afifty-percent local grant match of $28,210, which will be transferred within the FY 2012-13 Operating Budget of the Police Department to provide the local grant match. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendation: Approve the attached budget amendment. ^ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department ~'rt^-~ City Manager: M.l~ k , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2012- 3 13 OPERATING BUDGET OF THE POLICE DEPARTMENT 4 FOR THE ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $56,420 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2012-13 Operating Budget of the Police Department for police 12 officer over-time and equipment related to the enforcement of DUI laws; and 13 14 2) $28,210 is hereby transferred within the FY 2012-13 Operating Budget of the 15 Police Department to provide the 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 APPROVED AS TO LEGAL SUFFICIENCY: Ci or y' CA12379 R-1 September 4, 2012 J3~ ~" e~~~i~. ~. ~~ s ~~,e Ys! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the FY 2012-13 Operating Budget of the Police Department for the Enforcement of Seat Belt Laws MEETING DATE: September 18, 2012 ^ Background: Since the 1990s, the Virginia Department of Motor Vehicles has awarded grants to the Virginia Beach Police Department for enforcement initiatives. The Seat Belt Enforcement grant is a federal grant from the United States Department of Transportation National Highway Traffic Safety Administration that is passed through the State. This grant will be active from October 1, 2012, through September 30, 2013. Officers will use the funding for overtime for selective traffic enforcement, the Click-It-or- Ticket campaign, and several traffic checkpoints. This grant will also allow the purchase of speed detection devices to enforce primary violations, and if warranted, the secondary seat belt violation. ^ Considerations: The grant provides $65,053 and requires afifty-percent local grant match of $32,527, which will be transferred within the FY 2012-13 Operating Budget of the Police Department to provide the local grant match. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendation: Approve the attached budget amendment. ^ Attachment: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Police Department G7~ City Manager: ~-c ~. , ~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2012- 3 13 OPERATING BUDGET OF THE POLICE DEPARTMENT 4 FOR THE ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $65,053 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2012-13 Operating Budget of the Police Department for police 12 officer overtime and equipment related to the enforcement of seat belt; and 13 14 2) $32,527 is hereby transferred within the FY 2012-13 Operating Budget of the 15 Police Department to provide the 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: APPROVED AS TO LEGAL SUFFICIENCY: .~ "~ h Management Services C' s Office CA12380 R-1 September 4, 2012 L. pLANNIIVG 1 • Application of JO (DISTRICT 7 _ p INCESS ANCH fora Flood ~E~ lain Variance at 2341 RECOMMENDATION Princess Anne Road 2 A NO ACTION (withdrawn prior to pl pplication ofARAIA to replace a cul- ME~C'AS, INC wing Commission (DIST de-sac with a dedicated for Modification of Hearing) RIOT 4 -WAYSIDE) public access ease Condition No. ment at 5878 Wa 1 °f a Street Closure COMMENDATION yside Road 3• 9p 8lication of g RA L. AAA TY APPROVAL Stanhope Court (DISTRICTNES for a Conditional U RECOMME l - CENTERVILLE) se Permit re a residential NDATION kennel at 4. Application of ROD Holland Road (DIS RECTPRICE for a Conditional Use APPROVAL RECOMMENDAT ROSE HALL) Permit re a vehicle rental at 3 ION 497 5• Application of Chan e of SILVER BILL Zonin District Class fTati°HnAf oA~ LLC/JOyC APPROVAL Apartment for multi-fa m Conditional _ mily dwellings at 4329 Wo O AO fCePoON for a Conditional COMMENDATION nney Road (DISTRICT 5 Ld11,NN al A 4242 NO ACTION D HAVEN) ( ue to City Council date change M~1~ r~ { f~c RT J ,r + >i c; t.~. .,:~ .~, NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the Ciry Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, September 18, 2012, at 6:00 p.m., at which time the following applications will be heard: PRINCESS ANNE DISTRICT JOHN W. LYNCH Application: Floodolain Van`ansg at 2341 Princess Anne Road (2404238638). LYNNHAVEN DISTRICT Silver HIII At Thalia, LLC/Joyce Ann Upton Application: Chang f ~ n iti n I ^ onin from Conditional 0- 1 Office to Conditional A-24 Apartment at 4329 Bonney Road (GPIN 1477834040). Comprehensive Plan: Suburban Area. Proposal: Age-restricted (55 and over) multifamily dwellings at 17.1 units per acre. CE-VTERVILLE DISTRICT Barbara L. Tynes Application: Sir di ionai nee ^-;mit t residential k nn I at 1928 Stanhope Court (GPIN 1475326424).. BAYSIDE DISTRICT Arai Americas, Inc. Application: Modification of Conditions of ~r r I r adjacent to 5878 gayside Road (GPIN 1459951457). ROSE HALL DISTRICT Rodney Price qtr ~itional Uce p Application: rmlr f`~ rehicle~nd trek r ntal at 3497 Holland Road (GPIN 1486728993 All interested parties 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 7t.P;'l~Ywu vnt;oy~.cor,,!pe;. F information call 385-4621. or ff you are physlcalty disabled or vlsuaiiY Impaired and need assistance at this meeting, please call the CRY CLERK'S OFFlCE at 385- 4303. Beacon September 2 & 9, 2012 23192045 \'. ,.. 4_: .. , , ~ ~ a _r ~ `; .~~ CITY OF VIRGINIA BEACH .AGENDA ITEM ITEM: JOHN W. LYNCH, Floodplain Variance, 2341 Princess Anne Road (2404238638). PRINCESS ANNE DISTRICT. MEETING DATE: September 18, 2012 ^ Recommendations: There is no action necessary by the City Council for this item. This item was advertised for the September 18 City Council meeting with the expectation that it would be considered by the Planning Commission during their September meeting. Prior to that meeting, however, further evaluation of the applicant's request indicated that there was no longer a need for a variance, as the work that had been done on the site was within the scope of that allowed by the ordinance. Based on that finding, the applicant withdrew the application prior to the Planning Commission meeting. ^ Attachments: Location Map Recommended Action: No action necessary Submitting Department/Agency: Planning Departmen City Manager: ~i_ W Z Z a N N V Z d d O~ h i ~ d y~ T oG (~ N ~_ oa ~~ •V 0 .o :.° ~o ~Q ~d N C ~'; ~~ ~~ ~~ `~~~ :"asp`` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of ARAI Americas, Inc. for the Modification of the Conditions of a Street Closure of a Portion of Bayside Road MEETING DATE: September 18, 2012 ^ Background: On June 22, 1999, the City Council approved a request by Aria Seisakusho, now known as ARAI Americas, Inc. (the "Applicant") to close a portion of the cul-de- sac terminus of Bayside Road adjacent to the western side of the Applicant's site. The street closure had six conditions, the majority of which are those typically attached to Street Closure approvals. Condition 1, however, states "the Applicant is required to dedicate a relocated cul-de-sac as depicted on the submitted plan." When the subdivision plat required by Condition 3 of the Street Closure was submitted and recorded, the Subdivision Agreement required that the Applicant construct the cul-de-sac. A plat for the vacation of right-of-way lines in the cul-de-sac bulb and dedication of the relocation of the bulb was submitted, as required by Condition 3 of the Street Closure, and the plat was recorded in June 2000. Plans for the construction of the cul-de-sac were approved in 1999. A bond covering the cost of construction was also posted. ^ Considerations: The Applicant is now requesting modification of Condition 1, as the Applicant desires to have the requirement to construct the cul-de-sac waived. In lieu of constructing the cul-de-sac bulb, the Applicant proposes to dedicate a public access easement from the end of the Bayside Road right-of-way, along the driveway around the rear of their building, to where that driveway intersects with Bayside Road. This portion of Bayside Road serves only two properties: the Applicant's property and the property immediately to the north, which is owned by the Norfolk Airport Authority. The Norfolk Airport Authority property is located within the Clear Zone of Norfolk International Airport; therefore, that property will not be developed. The Street Closure Viewers met on July 12 and determined that the modification to Condition 1 of the 1999 Street Closure would not result in any inconvenience to the public. The dedicated cul-de-sac bulb will remain in place. The only change to the current situation is that the Applicant will not be constructing the physical improvements for the cul-de-sac. The dedication of the public access easement mentioned above is a simple solution to construction of right-of-way improvements that are not critically needed in this area. ARAI Americas, Inc. Page2of2 There was no opposition to the request. The wording of modified Condition 1 has been amended to omit the requirement of the recordation of a new subdivision plat, as the modification is not requiring the alteration of any property lines. ^ 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 condi#ions: 1. All conditions, with the exception of Conditian 1, attached to the Street Closure granted by the City Council on June 22, 1999 remain in effect. 2. Condition Number 1 of the June 22, 1999 Street Closure approval is deleted and replaced with the following: The Applicant shall record a Deed of Easement dedicating a public access easement over its property. The Deed of Easement shall include an exhibit depicting the location and width of the public access easement and shall be submitted to the City for review and approval prior to recordation. The Deed of Easement shall also contain language that details the Applicant's responsibility to maintain the public access easement. The Applicant, or its successors, shall not be required to construct the cul-de-sac unless the Applicant, or its successors, vacate the public access easement. ^ Attachments: Ordinance Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ,~ Submitting Department/Agency: Planning Department ~ ,( City Manager: k . ~ ~/V ~'C.) ` 1 ORDINANCE APPROVING APPLICATION OF ARIA 2 AMERICAS, INC. FOR THE MODIFICATION OF THE 3 CONDITIONS OF A STREET CLOSURE OF A 4 PORTION OF BAYSIDE ROAD 5 6 WHEREAS, on June 22, 1999, Arai Seisakusho Company, Ltd., now 7 known as ARAI Americas, Inc. ("Applicant"), applied for the closure of a portion of 8 Bayside Road, contingent upon compliance with certain conditions; 9 10 WHEREAS, Condition 1 required the Applicant to dedicate a relocated cul- 11 de-sac as depicted on its submitted and subsequently approved construction plans; 12 13 WHEREAS, Condition 3 required the Applicant to resubdivide the property 14 and vacate internal lot lines to incorporate the closed area into the adjoining parcels; 15 16 WHEREAS, the Applicant submitted a subdivision plat, as required by 17 Condition 3, that dedicated the relocated cul-de-sac, as required by Condition 1; 18 19 WHEREAS, the Applicant submitted a subdivision agreement with the 20 subdivision plat, requiring the Applicant to construct all improvements, including the 21 relocated cul-de-sac, as depicted on its construction plan, which plan was previously 22 submitted and approved; 23 24 WHEREAS, the Applicant now desires to modify said Condition 1 to waive 25 the requirement to construct the cul-de-sac, and in lieu thereof, proposes to dedicate a 26 public access easement over its existing driveway to the point where the driveway 27 intersects with Bayside Road; 28 29 WHEREAS, City staff has determined that construction of the cul-de-sac is 30 no longer needed and that the requested modification would not result in any 31 inconvenience to the public; and 32 33 WHEREAS, it is the judgment of the Council that Condition 1 be modified 34 as described herein, and that all other conditions of the street closure remain in effect. 35 36 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 37 Virginia Beach, Virginia: 38 39 SECTION I 40 41 That the hereinabove Ordinance be modified as follow: 42 43 1. All conditions, with the exception of Condition 1, attached to the Street 44 Closure granted by the City Council on June 22, 1999 remain in effect. 45 46 GPIN: Right-of-way / no GPIN assigned 47 Adjacent to GPIN 1459-95-1457 i 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 2. Condition 1 of the June 22, 1999 Street Closure approval is deleted and replaced with the following: The Applicant shall record a Deed of Easement dedicating a public access easement over its properly. The Deed of Easement shall include an exhibit depicting the location and width of the public access easement and shat[ be submitted to the City for review and approval prior to recordation. The Deed of Easement shall also contain language that details the Applicant's responsibility to maintain the public access easement. The .Applicant, or its successors, shall not be required to construct the cul-de-sac unless the Applicant, or its successors, vacate the public access easement. SECTION II Modified Condition 1 must be met on or before six (6) months from City Council's adoption of this ordinance. SECTION III If modified Condition 1 is not fulfilled on or before March 17, 2013, the Ordinance will be deemed null and void without further action by the City Council., and the Applicant shall be required to construct the cul-de-sac. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and ARAI Americas, Inc. as °Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 20 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12176 \lvbgov.comlDFS1 WpplicaHonslCkyLawProdlcycom321W pdocs1D0041P0'14W00369Q7.DOC R-1 September 7, 2012 2 APPROVED AS TO CONTENT: BLiYSI C!£ a t~ x ~ ~ ___... _.~.~_,, .. 7.,. .. 4 August 8, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: ARAI AMERICAS, INC. STAFF PLANNER: Faith Christie REQUEST: Modification of the Conditions of a Street Closure for a portion of Bayside Road approved by City Council on June 22, 1999 ADDRESS I DESCRIPTION: Right-of-way adjacent to 5878 Bayside Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14599514570000 BAYSIDE 4.821 acres Less than 65 d6 DNL SUMMARY OF REQUEST The Street Closure was approved by the City Council on June 22, 1999 and has six conditions: 1. The applicant is required to dedicate a relocated cul-de-sac as depicted on the submitted plans. 2. The City Attorney's office will make the final determination regarding the ownership of the underlying fee. The applicant will not be required to purchase the right-of-way proposed for closure due to the rededication of additional right-of-way as depicted on the submitted plans. 3. The applicant is required to re-subdivide the property and vacate internal lots lines to incorporate the closed area into the adjoining parcels. 4. The applicant is required to 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. If private utilities do exist easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council; otherwise the closure approval shall be considered null and void. 6. The applicant shall dedicate a public utility and drainage easement over the entirety if the area proposed to be closed. The area of the easement may be reduced upon determination by the Director of Public Works that an area less than required herein will satisfy city needs. ARAI AMERICAS, INC Agenda Item 4 Page 1 Condition 1 states "the applicant is required to dedicate a relocated cul-de-sac as depicted on the submitted plan." When the subdivision plat was submitted and recorded as required by Condition 3 of the Street Closure, the Subdivision Agreement required that the applicant construct the cul-de-sac. The applicant is requesting modification of Condition 1, as the applicant does not want to build the cul-de-sac, and would rather dedicate a public easement from the Bayside Road right-of-way across their property. The Department of Economic Development was granted a street closure on a portion of Bayside Road located to the north in September 1989. The plat vacating the right-of-way lines and establishing the new location of the cul-de-sac was recorded in October 1989. In June 1999, the City Council approved a street closure for an area within the cul-de-sac bulb. A plat for the vacation of right-of-way lines in the cul-de-sac bulb and dedication of the relocation of the bulb was recorded on June 2000. Construction plans for the construction of the cul-de-sac were approved in 1992 and 1999. Bonds were also posted for the construction. The applicant desires to have the requirement for building the cul-de-sac waived, as this portion of Bayside Road serves only two properties, the applicant's property and property immediately north, owned by the Norfolk Airport Authority. The Norfolk Airport Authority property is located within the Clear Zone for the airport and will not be developed. Should the Authority decide to develop the property in the future, right-of-way providing access exists at their property line. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office /warehouse, parking, and landscaping SURROUNDING LAND North: Norfolk Airport Authority property / I-1 Light Industrial USE AND ZONING: South: . Bayside Road East: . Railroad tracks, Air Rail Avenue West: . Norfolk Port and Industrial Authority property / I-1 Light Industrial NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: Burton Station /Northampton Boulevard Corridor Strategic Growth Area 1 The Northampton Boulevard Corridor Strategic Growth Area implementation plan states that "Improvements to the existing Airport Industrial Park maintain all existing buildings and increase connectivity and access. Baker Road is extended to reach Bayside Road, and Air Rail Avenue is extended beyond the train tracks to access the port to the north. Some new industrial development allows the Park to expand and connect to the commercial corridor at Northampton Boulevard and Diamond Springs Road. With improved road access and connections to major arterials, parcels within Airport Industrial Park can be redeveloped to more intense uses over time." ARAI AMERICAS, !NC Agenda Item 4 Page 2 CITY SERVICES WATER and SEWER: Please provide a public utility easement of adequate width (a minimum of 20-feet) to accommodate the existing 12-inch ductile iron water line. No structures or parking will be permitted within the easement. PARKS and RECREATION: No objections to the modification. PRIVATE UTILITIES: Virginia Natural Gas - No objections to the modification; Dominion Virginia Power- No objections to the modification; Hampton Roads Sanitation District - No comments. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. The viewer's met on July 12 and determined that the modification to Condition 1 of the Street Closure would not result in any inconvenience to the public. The dedicated cul-de-sac bulb will remain in place. The only change to the current situation is that the applicant will not be constructing the physical improvements for the cul-de- sac. As stated in the 'Summary of Request' section of this report, this portion of Bayside Road serves only the ARAI Americas site and the Norfolk Airport Authority site. The airport site will not be developed, as it is located within the Clear Zone of the airport runways. To eliminate any inconvenience to the public who may drive down this portion of Bayside Road and not be able to turn around, the applicant proposes dedication of a public easement over their property, which will allow drivers to go around the applicant's building and return to Bayside Road. The dedication of the easement is a simple solution to construction of right-of-way improvements that are really not needed in this area. In sum, staff recommends approval of the request with the conditions below. CONDITIONS 1. All conditions, with the exception of Condition 1, attached to the Street Closure granted by the City Council on June 22, 1999 remain in effect. 2. Condition Number 1 of the June 22, 1999 Street Closure approval is deleted and replaced with the following: The applicant shall record a Deed of Easement that describes the proposed public easement on the property. The width of the easement shall be determined during detailed subdivision plat review. The easement shall also contain language that details the applicant's responsibility to maintain the public easement. The applicant shall also record a new ARAI AMERICAS, 1NC Agenda Item 4 Page 3 Subdivision Plat that depicts the area of the public easement described in the Deed of Easement. The applicant shall not be required to construct the cul-de-sac unless, in the future, the applicant or owners in succession vacate the public easement. 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. ARAI AMERICAS, INC Agenda Item 4 Page 4 pidomeRry a N s 7 lu ~., AERIAL OF SITE WITH CUL-DE-SAC DEDICATED IN 2000 HIGHLIGHTED ARAI AMERICAS, INC Agenda Item 4 Page 5 Z4 ~t`sr t -+ 8 ~ s 3`~~v `~~w rs ~~ h +~r b l x, 5 ~`~' x~ o' c' ~: D &" ~z ~h }< ~~'i 4~ (~$ i ~ ~~ ~h ~j i ~ ~ ~~~ i" L f-~ ~* i kk~~~ C¢ }~ ~~ s S L ~U''~ 7'N't~ ¢$~a' :~x,p~ G ~M ~~~~ fi ~W ~~ SSxr ~~k ~~~ o o `~ +4k ~~~~ aa" S? ~~q ~~§~ c~~;~4 Y ~`~ ,,t ~~ ~ . ~; r \ :S \\[. 3 R 3 ~ ~ ~e \i ~,~~ ~~i ~~z~ ~~ ~~ t. ti ~,c~ 4: ~ ~ F r t~ ~' ~~ ~~~ ~~ a¢ z~w sa §H 3 q~ 4+> ~4~ i ~~~ w' ~~ g ~. K~~~ r~~kw ~ b5¢ j~k`&e? m~~~ ~. a ~ S on ~4'~ ~i 4 `CI{tj C: Y € ~ a 2 ~:. ...~_._....., - f :r . v~ .nr M atta.. t,:: ~..w i_ ~. (Ttr"..d! 35.1 t~8 c r ~ , k ~ r } ~: - as s-a ~ `~ 4 w~, ~ ~ ., ~:~ y`: ~~} t (r c 1 ~~t e" ~~§ .. ~,~ °~ p ~~ II ~< ~. S t .~-5 c >~~ z=u (((( ~ 5 4 {~ m !!~ I S ~~ 4 :.ti Qw q~ w o ~ ~ ~tj ~~ ~~ ~.9 s ~ ~. 4~ 4 ~ .~ w ~i y~ t Y ~'~ ;3 j ~~'. ~Skk SSa3 S' C~, ,.. X Jam`. ^'a'6Y ~^6 CL 6 f ~~ .h ~~ ~. ,~~ ~2pY 9 ~~ $~*' µ T£ ~L ~~ *'a P ~: F, v ~'4 H W ~~~ z4 ~{ sY~' `~ t ~ C+~4,~?.. , ~ i ~ ~~' `~ N ~ a 4 I h, ~ ~ zu aa,:; ~ ~~,z,''L, h ~ ~ ' ~ ~ 2 ,4 ` ti L t 'J ' ~4~ ~v ~ K ~ ~3 ~ ~{ ,J ~~ ~~ Ct 3 4 3 k i'-C ~~?j~;.d Z ~`. h , ~ i_ ~~. 1+ 7 2 ~ :T . ~ ~~ t y ~~ i i:: ~ t ~ ~ Lei ~ ~ 3 1 cam. ~ ~ _k' ~ tVW I ~ ' i , f a ~^ ~ i~~ ~ I~ ~ ~' 77 ~ ~~~~ ~~~~I &~ ti~ ~ K ~~ ,~ ti ~ ; ~,._ ~ ~~,,,~ ~,~ i . n ~ lrl ,.~ a,"' PLAT RECORDED IN 2000 ARAI AMERICAS, INC Agenda Item 4 Page 6 ~. , ~.' _ .~ .~ ~, `~ ~~> r~ >F A~~ ~ Nlf%NIkWx fI£T r(SY£ 1'AJf tW.KS GJOfO b'EIfRS} - °0~"' G/'XJ 1469-07-2592 - ~f) ~'w„!~^ NOW (A4 FfYFAIfF1 Y M~~',.~~f~ ,¢)~ MAP BCXW !% PAG.'~' S8 >~~ GL 1 yp h `V ~ pr~,0. 0~~'i~~ r zoo. ' w~7~ { ~z R"7f0 Ii'W PIN /CedW K'JID NiM »v ,SFT 2D' Fa4c£ MAIN E45EMERr N 34 95832 4 9 GYP(SJ MAP soar 196 Ar PAl.~" sew E 72!59719.75 ~"'"` N32 4750 ° 455.67' &t7STINC RlGt/T DF- ~ 87.74' rDAL WAY LIN£ YACAffD -~.,„ ~, L~9.X95 37J,93" i4~ ~~"y`n R 61.00 VARIABLE iND7H R1GNF-L4~ WAY ~-L - F - - - - - J VARIABLE NSDTN GRAbvAOE _ ~ _- (MAP BOLV~ /96 A7 PAGE 584 AND unurY EAS~Mtrvr MAP SOpY 198 Ai PA42 L®7S7T' R 90Q 00' „` L~1fS99' _ C,'8 lJS0tN S7'1 t'#~ ! R~6200- C4_ pla7 0g CJP S R°~ ~" LYP S _ ~ J _- _ C8~N87737D~'- ~ .~" -... _......_ __ ~. _ yt rw_ar.62_ _ _ _ _ -139.61' ~' 1 ~ J -_ TO U7K/TY EASE1ItNT _ _ ~ssz2T'ss'W 1\ ~~ ~P~SC~1a.sf~ ~~ soar 2711 Ar r~s7 xs' ~~~~ \r ~~t L~~ ~s 11 earl m' PAC.'F 981 ~-. 70650' t CBeN6376 DOE 00 CJV-24 38' L~7IS I7" ~ G9+*Sf5T1Y ff "W . ~ i , i ,~ .: q ce+=9,xee' CPO Sft? YAfUABLE ~ 1L d " ~ TOTAL RKWT-G'"--WAY 7'0 rA5 YAG97ED AREA ~ - . ~~ Pf>Bt/C UAUTY EAS~E/fTlr ~ ' { { i`~ 2 ~ „3873 SQUARE tZ''ET a? TO' Ur TUTY £ASYAlENI ' ~ ~ O.OB4 APPROk7MATE ACREAGE £OUlt'ALENT. DEi D 800K 5777 AT PACE 1565 ~tU~ G+'/Y' IfSA-95-1i22 GPIN 1f.5.~-~.96-6203 ~ l kAPHJL' SCAL £ IN 6E£r ROBF.RR' o ~ ~~Y'' ' ~ ~ ma e J~7 -GA~d9'~YY.4~4TX:YV ~ 1 2 (! , MAR t'si~ ,~-A - CqN o4 (MAP BOOX 19S A7 PAGE 584 -t~ T ^' '~~ ~_~~' D S.:RV~' VIRG/Nl/ $EACN, VlRG1N/A ~~~~~~ £iA ;'x_"~ JANUARY 73, 1999 PtF,n~:-: _ _ Engineers -Surveyor, - ~'SUr?~seT~ -'---~-------_ Lantlecope Architects - Environmental Consuiten is 5544 GftEENW,CH RD. Svlh 200, NRGih}A BEACH. VIR(~MA 234fi2 ViRGI1:iA BEAt;H (757)x73-20E)t7 WS~LIAMS9tiRG ~ROJFCT NO.: 1970~7Q-~00.0~! ~F'ERATC~_ NiA1 gt i)KAWING Nfl ~f17Q7 X rucr+vcr~ ov. nt ni rrg~, 1999 STREET CLOSURE EXHIBIT ARAI AMERICAS, INC Agenda Item 4 Page 7 ~.: >~. ~~ ~, ..~~ BAY51 [9E ~. - ,- f I ~ •,., ~~, .r .____ '~_. ~ 11 :' C,~~4 ,,~ 1r ~ ~~ c,,`'`~ ~ 11 4-~. ~ ~ i _ T_ .\- i +jt} r y ~f w t '11 / '~ -~ o x' ~~ x. ~~. ; _.,, v _ f ~~ ? r~..,. + i{- 1~{kf r--~k. I '~~ _ _ ~ ' i +(.. ~ '~ 11' "Zonirrry u~rtfr Conditions:protfers. Open Space Promotion or PDHd Overlays Modificatlor+ of Street Closure • eayside goad ZONING HISTORY # DATE REQUEST ACTION 1 2/12/02 Conditional Use Permit Communication Tower A roved 2 9/8/98 Conditional Use Permit Communication Tower A roved 3 9/18/98 Street Closure Approved ARAI AMERICAS, INC Agenda Item 4 Page 8 m~ `~.: ~. ~ ~ ~: ~~~ l~~i /~ ~~ E~~ l~j~~1 /~--It ~-~-~ ~_~~~~~ =+-i l~~T~i~ !~ T~~ DISCLOSURE STATEMENT r-___ APPLICANT DISCLOSURE I 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 oificers, members, trustees, partners, etc. below: (Attach list if necessary) ARAI Americas, Inc.: President -- Shinichi Yamanaka; Executive Vice PresidenT - Tomoko Mori; Vice President -- Shoichiro Kobori;Vice Presidnet -- Mutlu Ocak 2. List all businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: {Attach list if necessary) Arai Seisakusho Co., Ltd. Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organiza#ion. 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: j 1. List the property owner Warne followed by the names of all officers, members, f trustees, partners, etc. below: {Attach list if necessary) Same as Applicant. 2. List all businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) Same as Applicant. Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page forfootnotes Does an official or em loyee 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? N/A Modtftce6on of Cond@rona Application Page tf) of ~? Remsetl 7/3r07 DISCLOSURE STATEMENT ARAI AMERICAS, INC Agenda Item 4 Page 9 DISCLOSURE STATEMENT - - - ----- --- ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Troutman Sanders LLP -- Leal Services I I _...._..._ "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 5D percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ' "Affiliated business entity relationship" means "a 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 i owner in khe 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 Stato 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. 6 Si t P nnt N art canfs gna App ~..~~ '~~T ~ ( ~ -" T Property Owner s Signature (if different than applicant) Print Name Mosifi;ation of Consitioas App6:ahon Page 1 ~ of ~ ~ Revises 7;3!2067 _~~ -~'~-~t ~i~ ~~ ^~ !'~ V J ~~~ 0 w ~~ `~ ~~ w ~~ DISCLOSURE STATEMENT ARAI AMERICAS, INC Agenda Item 4 Page 10 Item #4 Arai Americas, Inc. Modification of Conditions of a Street Closure Adjacent to 5878 Bayside Road District 4 Bayside August 8, 2012 CONSENT An application of Arai Americas, Inc. for a Modification of Conditions of a Street Closure for a portion of Bayside Road approved by City Council on June 22, 1999, District 4, Bayside. GPIN: 1459-95-1457-0000. CONDITIONS 1. All conditions, with the exception of Condition 1, attached to the Street Closure granted by the City Council on June 22, 1999 remain in effect. 2. Condition Number 1 of the June 22, 1999 Street Closure approval is deleted and replaced with the following: The applicant shall record a Deed of Easement that describes the proposed public easement on the property. The width of the easement shall be determined during detailed subdivision plat review. The easement shall also contain language that details the applicant's responsibility to maintain the public easement. The applicant shall also record a new Subdivision Plat that depicts the area of the public easement described in the Deed of Easement. The applicant shall not be required to construct the cul-de-sac unless, in the future, the applicant or owners in succession vacate the public easement. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE Item #4 Arai Americas, Inc. Page 2 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 4 by consent Robert Beamon appeared before the Commission on behalf of the applicant. r,,~'H~n ~y,7 a~4``~v _ J-: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BARBARA L. TYNES, Conditional Use Permit (residential kennel) 1928 Stanhope Court (GPIN 1475326424). CENTERVILLE DISTRICT. MEETING DATE: September 18, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow a residential kennel for up to eight adult dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel for more four adult dogs. ^ Considerations: All dogs in the home are small breeds: one Shih Tzu, one Yorkshire Terrier, and five Chihuahuas. The applicant is interested in adding one male Chihuahua for breeding purposes. Per the definition of a `residential kennel' (section 111 of the Zoning Ordinance), any puppies born in the home are not included as part of the total number of dogs in the home until the puppies reach six-months of age. While the applicant is not affiliated with any rescue organization, most of these dogs were acquired over time as a result of the owner of the dog passing away. The applicant lives in asingle-family dwelling and the animals spend most of their time inside the home. The rear yard is fenced and provides ample area for these small dogs to exercise. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings. The applicant's dogs are kept inside the home, except when the applicant is present in the backyard with them. The majority of the time, the dogs remain inside the dwelling; however, there is a fenced yard that provides a safe outdoor area for the dogs. 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. Unless otherwise further limited by Animal Control, this Conditional Use Permit shall be limited to only those specific eight (8) small breed dogs identified by the applicant as one (1) Shih Tzu, one (1) Yorkshire Terrier, six (6) Chihuahuas. No other dog(s) of any kind, gender, age, or breed shall be permitted on the property, except that, at such time as these identified dogs die, the applicant Barbara L. Tynes Page2of2 shall be limited to no more than three (3) dogs, which is the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a IawFul manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 6. This Conditional Use Permit is approved for a period of one year with an administrative review by the Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue thereafter with an annual renewal (if deemed acceptable by the Zoning Administrator). ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: ~ C~ Planning Department .~ v.~ N 4 V W J W Z W v d c ~J N M ~ ~ ~~ N .y. Q ~a (V Q ~"~ ~M 0 My T ~' 4 ., N ~~ BarUarx L. T~•nes __ _ - ~ R10' P1` .; ~...__ N _._... - R10' i Pt' v R5D _-- o __ 1'25D m ; ~i w ~ oaN~ B~~SpR~NG ` R10' S R5© v Rte' ~ ' p R5D $ R5D '' ~.- ~ Jon,^V »M, femMrom Pro1M+. il/rn (parr Prom.ri.m e. PLW.} (N.M1ry+ GUP for RQ5/0tnudl nenrn 2 August 8, 2012 Public Hearing APPLICANT & PROPERTY OWNER: BARBARA L. TYN ES STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (residential kennel) ADDRESS /DESCRIPTION: 1928 Stanhope Court GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14753264240000 CENTERVILLE 5,100 square feet Less than 65 d6 DNL The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST residential kennel for up to eight adult dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel for more four adult dogs. All dogs in the home are small breeds: one Shih Tzu, one Yorkshire Terrier, and five Chihuahuas. The applicant is interested in adding a male Chihuahua for breeding purposes. While the applicant is not affiliated with any rescue organization, most of these dogs were acquired as a result of the dog's owner passing away. The applicant lives in asingle-family dwelling and the animals spend most of their time inside the home. The rear yard is fenced and provides ample area for these small dogs to exercise. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: Single-family dwellings / R-5D Residential District USE AND ZONING: South: . Single-family dwellings / R-5D Residential District BARBARA L. TYNES Agenda Item 2 Page 1 East: Single-family dwellings /Conditional R-10 Residential District West: Stanhope Court • Single-family dwellings / R-5D Residential District NATURAL RESOURCE AND The parcel is located within the Southern Watersheds Management CULTURAL FEATURES: Area. There do not appear to be any significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The subject parcel is located within the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new uses, whether residential or non-residential, either maintain or enhance the overall uses located in the area. This is accomplished by having all new proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES No impact to City services is anticipated. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings. The applicant's dogs are kept inside the home except when the applicant is present in the backyard with them. The majority of the time, the dogs remain inside the dwelling; however, a fenced yard provides a safe outdoor area for the dogs. Several concerns have been reported to Animal Control ranging from barking dogs to a dog bite. No disturbances have been reported to the Zoning Office of the Planning Department. As the role of the Planning Commission is to review land use issues, Staff is recommending conditions that relate solely to Section 223 of the Zoning Ordinance that specifically address use of the property for a residential kennel. Section 223 states: Except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by such animals, whether in animal hospitals, pounds, shelters, commercial or residential kennels, shall be within one hundred (100) feet of the property line of any adjacent lot. BARBARA L.TYNES Agenda Item 2 Page. 2 At least one (1)off-street parking space per four hundred (400) square feet of floor area shall be provided. However, in residential kennels, this off-street parking requirement shall not apply but shall be as specified in the conditional use permit. The applicant meets these requirements; therefore, Staff recommends approval subject to the conditions below. CONDITIONS Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only those specific eight (8) small breed dogs identified by the applicant as one (1) Shih Tzu, one (1) Yorkshire Terrier, six (6) Chihuahuas. No other dog(s) of any kind, gender, age, or breed shall be permitted on the property, except that, at such time as these identified dogs die, the applicant shall be limited to no more than three (3) dogs, which is the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 6. This Conditional Use Permit is approved for a period of one year with an administrative review by the Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue thereafter with an annual renewal (if deemed acceptable by the Zoning Administrator). NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Ofhce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. BARBARA L. TYAIES Agenda Item 2 Page 3 AERIAL OF SITE LOCATION BARBARA L. TYNES Agenda Item 2 Page 4 ZONING HISTORY No Zoning History to report. fr-.~t1A~F=:r .~-w BRA L. TYNES Agenda Item 2 Page 5 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or oilier unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N AC' 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 fist if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & `See next page for footnotes _0 ~~ ~y f, ~~ woes an omcial ore oyee of City of Virginia Beach have an interest in the ice{ 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 O PaOe 9 of 10 Revised 773/2007 DISCLOSURE STATEMENT BARBARA L.TYNES Agenda Item 2 Page 6 0 Iii ~_ ~y z O r--. 0 V DISCLOSURE STATEMENT BARBARA L.TYNES Agenda Item 2 Page 7 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) ~'un~S ~r~e. ea. ~ ; t~g ~ G "Parent-subsidiary relationship" means "a relationship that exists when one corporation directty 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 appliption 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 consen~o entry upon the subject property by employees of the Department of Planning to photogr~h view the site for purposes of processing and evaluating this application. Property Owner's Signature (if different than applicant) L, ~ ~ Print Name Print Name Condftional Use Permit Applica0on Page 70 of r0 Revised 7/3/2007 Item #2 Barbara L. Tynes Conditional Use Permit 1928 Stanhope Court District 1 Centerville August 8, 2012 CONSENT An application of Barbara L. Tynes for a Conditional Use Permit for a residential kennel on property located at 1928 Stanhope Court, District 1, Centerville. GPIN: 14753264240000, CONDITIONS Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only those specific eight (8) small breed dogs identified by the applicant as one (1) Shih Tzu, one (1) Yorkshire Terrier, six (6) Chihuahuas. No other dog(s) of any kind, gender, age, or breed shall be permitted on the property, except that, at such time as these identified dogs die, the applicant shall be limited to no more than three (3) dogs, which is the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 6. This Conditional Use Permit is approved for a period of one year with an administrative review by the Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue thereafter with an annual renewal (if deemed acceptable by the Zoning Administrator). NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. Item #2 Barbara L. Tynes Paget The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTEDJ concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 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 2 by consent. Barbara L. Tynes appeared, before the Commission. ~S~NU~~y i2 ~~ ~^ ~~) S / t.Y ..~+ !~ t}'! .~ \.~.. J~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RODNEY PRICE, Conditional Use Permit (motor vehicle and truck rental), 3497 Holland Road (GPIN 1486724993. ROSE HALL DISTRICT. MEETING DATE: September 18, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow use of a portion of the site for truck and trailer rentals. The applicant was issued a Notice of Violation by a Zoning Inspector on April 26, 2012. The Notice informed the applicant that motor vehicle and trailer rental, which was occurring on the site, required a Conditional Use Permit. Subsequently, the applicant applied for this Use Permit. ^ Considerations: The applicant has no more than three trucks or trailers on the site for rent. The trucks and/or trailers range from 14 feet to 22 feet in length. Hours of operation for the business are Monday through Thursday, 7:00 a.m. to 12:00 a.m., Friday and Saturday, 7:00 a.m. to 3:00 a.m., and Sunday, 9:00 a.m. to 12:00 a.m. The hours are the same as the applicant's primary business, Speedy Mart, which is located in the commercial center located on the site. The vehicles are parked in three spaces located at the southeast corner of the parking lot. While these parking spaces are adjacent to Holland Road, staff concludes that the location is the best on the site with regard to balancing the visual impact along Holland Road, the business impact if the trucks were parked closer to the storefronts, and the residential impact if the trucks were parked along Northwood Drive, closer to the residential area behind the commercial center. Moreover, the area south of the commercial center consists of a stormwater drainage lake that is vegetated up to the parking lot; therefore, the trucks are not visible from the south. Staff concludes that with the addition of low- growing shrubs along the street frontage adjacent to the parking spaces, the proposed location is the best on the site. Section 242.2 of the City Zoning Ordinance notes that "the following special requirements and limitations shall apply to truck and trailer rentals: a. The minimum lot size shall be twenty thousand (20,000) square feet. b. Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a Conditional Use Permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any front or Rodney Price Page 2 of 3 side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. c. All lighting shall be directed toward the interior of the site and away from adjoining properties. d. Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. The applicant's request is consistent with the requirements above as well as the Comprehensive Plan's land use policies for the Suburban Area. The proposed use is complementary to the existing neighborhood type uses in the center, and the location of the three trucks as shown on the submitted plan, protects the nearby residential uses in the surrounding area. Discounting the three parking spaces used for the rental trucks and trailers, there is still sufficient parking on the site for all the users in the commercial center. 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. There shall be no more than three (3) trucks and/or trailers, no longer than 22 feet in length, parked on the site at any time. The vehicles shall be parked in the three parking spaces located in the southeast corner of the parking lot, as shown on the submitted site plan by the color orange and labeled as "Proposed Truck Parking." Trucks and/or trailers with a length greater than 18 feet shall be parked in the area shown on the submitted site plan in blue and labeled as "Oversize Truck Parking." 2. There shall be no repair, maintenance, washing, or detailing of vehicles or trailers on the property. 3. All signage pertaining to the truck and trailer rental business shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs pertaining to the truck and trailer rental business, including neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, light poles, or any other portions of the site. There shall be no pennants, ribbons, streamers, spinners, strings of light bulbs, electronic Rodney Price Page 3 of 3 display signs or other similar moving devices. 4. The applicant shall plant eight (8) evergreen shrubs in the location as shown on the submitted site plan by the color green and labeled as "Shrub Planting Area." The evergreen shrubs shall be at least two feet high at planting and spaced a minimum of four feet apart. This condition shall be met within 90 days of the approval of this Use Permit by the City Council. The shrubs shall be maintained in good health; any shrub that dies during the first year of planting shall be replaced with a new evergreen shrub at least two feet in height. ^ 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: ~~ ~ ~ ~~~~~'`~ .J ~/ ~` ,W,A~ Y• ~` K d o' N a~ V1 O z N U ~"~ a a .~ ~ V V N ~ V ~ y N +1 V m a r~ 0 4:, 4 ~ ai Gi .V fi i O O L 4 V d c c ;, ~~ .~ ; oc 4 `; ~~ :w 4 V fO -~ w G $ G ~~ N ~+'i ~OSF MALL ~•- w. , ~ <<~ . Rodne~~ Price ^l~ ~/~ ~ ~ j A1~ ~`' B2 ' O 7~ . (ill ' ~ . Bz i_ ~a , . A-? ? V Y ~ ~ 62 +~'~ yp ~. , t ~ 9 B2 y ~ v4 ~,(~,. M'r' t ~ ~. ~ t ~ ' i A12 p ~ ~ ~ , ' Sy s •:'~ ' ~ i ~ ~ O 9 ~ i AtZ ~ ~ ". ~ 0 -~ ,~_ ' ~.` v' :~ A12 82 Y~13 --`i ~ ;~:~ ~, ~ ~ ~ A12 ~ ~ PDH1 '~%'~ DH1 ~ ~~ ~F l d . 'zewny»,m co.n~<..v,aan r>,~.. CUP for Motor Vehicle Rental Sya•.V•orwoib. a MfIS Ovrr4Y• »o,.nYw a.,..r.an;.~wuzN.... zo.. a~~s.n ~.r....n s..n ~.d I REQUEST: Conditional Use Permit (Truck and Trailer Rental) ADDRESS /DESCRIPTION: 3497 Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: 14867249930000 ROSE HALL 1.59 acres 8 August 8, 2012 Public Hearing APPLICANT: RODNEY PRICE PROPERTY OWNER: AUBURN COMMERCIAL VENTURES STAFF PLANNER: Stephen J. White AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of a portion of the site for truck and trailer rentals. The applicant was issued a Notice of Violation by a Zoning Inspector on April 26, 2012. The Notice informed the applicant that motor vehicle and trailer rental required a Conditional Use Permit. Subsequently, the applicant applied for this Use Permit. The applicant has no more than three trucks or trailers on the site for rent. The trucks and/or trailers will range from 14 feet to 22 feet in length. Hours of operation for the business will be Monday through Thursday, 7:00 a.m. to 12:00 a.m., Friday and Saturday, 7:00 a.m. to 3:00 a.m., and Sunday, 9:00 a.m. to 12:00 a.m. The hours are the same as the applicant's primary business, Speedy Mart, which is located in the commercial center located on the site. The vehicles are parked in three spaces located at the southeast corner of the parking lot. While these parking spaces are adjacent to Holland Road, staff concludes that the location is the best on the site with regard to balancing the visual impact along Holland Road, the business impact if the trucks were parked closer to the storefronts, and the residential impact if the trucks were parked along Northwood Drive, closer to the residential area behind the commercial center. Moreover, the area south of the commercial center consists of a stormwater drainage lake that is vegetated up to the parking lot; therefore, the trucks are not visible from the south. With the addition of low-growing shrubs along the street frontage adjacent to the parking spaces, the proposed location is the best on the site. RODNEY PRICE Agenda Item 8 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Commercial retail and service center SURROUNDING LAND North: . Northwood Drive USE AND ZONING: Commercial Strip Center / B-2 Community Business District South: . Stormwater Drainage Facility East: Holland Road • Commercial Strip Center / B-2 Community Business District West: Townhouses / A-12 Apartment District NATURAL RESOURCE AND The site is completely developed. There are no known significant natural CULTURAL FEATURES: resource or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. Applicable to this request, the Guidelines state that landscaping can play many roles, both functional and aesthetic, in promoting a quality physical environment. Screening may include fences, walls, berms, hedgerows and massing of plant material (Comprehensive Plan Reference Handbook, p. B-7 to B-13). CITY SERVICES There are no direct impacts to City services as a result of the proposed use of a portion of this site for truck and trailer rentals. EVALUATION AND RECOMMENDATION Section 242.2 of the City Zoning Ordinance notes that "the following special requirements and limitations shall apply to truck and trailer rentals: a. The minimum lot size shall be twenty thousand (20,000) square feet. b. Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a Conditional Use Permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any RODNEY PRICE Agenda Item 8 Page 2 front or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. All lighting shall be directed toward the interior of the site and away from adjoining properties. Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. The applicant's request is generally consistent with the requirements above as well as the Comprehensive Plan's land use policies for the Suburban Area. The proposed use is complementary to the existing neighborhood type uses in the center, and with the three trucks located as shown on the submitted plan, the nearby residential uses in the surrounding area are protected. Discounting the three parking spaces used for the rental trucks and trailers, there is still sufficient parking on the site for all the users in the commercial center. Based on these findings, staff recommends approval of this Conditional use Permit request with the conditions below. To ensure the visual impact of the trucks and trailers from Holland Road is lessened, staff has recommended a condition for the installation of shrubs within the area between the trucks and the right-of-way line of Holland Road. CONDITIONS 1. There shall be no more than three (3) trucks and/or trailers, no longer than 22 feet in length, parked on the site at any time. The vehicles shall be parked in the three parking spaces located in the southeast corner of the parking lot, as shown on the submitted site plan by the color orange and labeled as "Proposed Truck Parking." Trucks and/or trailers with a length greater than 18 feet shall be parked in the area shown on the submitted site plan in blue and labeled as "Oversize Truck Parking." 2. There shall be no repair, maintenance, washing, or detailing of vehicles or trailers on the property. 3. All signage pertaining to the truck and trailer rental business shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs pertaining to the truck and trailer rental business, including neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, light poles, or any other portions of the site. There shall be no pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. 4. The applicant shall plant eight (8) evergreen shrubs in the location as shown on the submitted site plan by the color green and labeled as "Shrub Planting Area." The evergreen shrubs shall be at least two feet high at planting and spaced a minimum of four feet apart. This condition shall be met within 90 days of the approval of this Use Permit by the City Council. The shrubs shall be maintained in good health; any shrub that dies during the first year of planting shall be replaced with a new evergreen shrub at least two feet in height. RODNEY PRICE Agenda Item 8 Page 3 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center 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. RODNEY PRICE .Agenda Item 8 Page 4 AERIAL OF SITE LOCATION RODNEY PRICE Agenda Item 8 Page 5 s.-~•~~• s n .c n7o• r ~teM• ±~. .i, 1 I i I I- -_~ ~~ ''~ c '~. ~ ; Q~ Q ~ J C 1 L L ~1 4 , l/) L -s vrt. ~r~ V~V'' ~~ It~ PROPOSED SITE PLAN ~~ RODNEY PRICE ,.~, Agenda Item 8 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 04/08/2008 Conditional Use Permit (Indoor Recreation - Billiards Withdrawn 2 12/12/2006 Conditional Use Permit Reli ious Facilit Approved 3 10/25/2005 Conditional Use Permit Reli ious Facilit A roved 06/10/2003 Conditional Use Permit Reli ious Facilit Ap roved 4 03/02/2004 Chan e of Zonin I-1 to B-2 Approved 03/02/2004 Conditional Use Permit (motor vehicle sales and repair Approved ~„r~~~, y RODNEY PRICE Agenda Item 8 Page 7 i v 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) ~.C~+'ti4 f (G t C. E 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here 'rf the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or ep~pJoyee ofity 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 0 ~--~ R-+ I--+ W Z O ~--~ I-~ O U DISCLOSURE STATEMENT RODNEY PRICE Agenda Item 8 Page 8 O .--~ F--~ W O 0 U 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 othewise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instruGions in this package. The undersigned also consents to entry upon the subject property by empbyees of the Department of Panning to phot~grapfi and w'e the site for purposes of processing and evaluating this application. - n. 5 ~tsscti/. h't~S ~ L-IC..- .J.~.-- n to ('tf d'rfferent than applicant) u asks , ~• "{~od t~atcr> Print Na e Print Nam 0 ,~ i Condftlonal Use Permit Application Pape 10 of 10 DISCLOSURE STATEMENT RODNEY PRICE Agenda Item 8 Page 9 Attachment #1 Property Owner : Auburn Commercial Ventures Associates, LLC Its Members: Ramon W. Breeden,lr. Apartment Investments, Inc. Auburn Shoppes, Inc. Its Manager: Auburn Shoppes, Inc. Officers of Auburn Shoppes, Inc.: Ramon W. Breeden, Jr. C. Torrey Breeden Lawrence E. Dunn Terry M. Marshall DISCLOSURE STATEMENT RODNEY PRICE Agenda Item 8 Page 10 Item #8 Rodney Price Conditional Use Permit 3497 Holland Road District 3 Rose Hall August 8, 2012 CONSENT An application of Rodney Price for a Conditional Use Permit for truck and trailer rental on property located at 3497 Holland Road, District 3, Rose Hall. GPIN: 14867249930000. CONDITIONS There shall be no more than three (3) trucks and/or trailers, no longer than 22 feet in length, parked on the site at any time. The vehicles shall be parked in the three parking spaces located in the southeast corner of the parking lot, as shown on the submitted site plan by the color orange and labeled as "Proposed Truck Parking." Trucks and/or trailers with a length greater than 18 feet shall be parked in the area shown on the submitted site plan in blue and labeled as "Oversize Truck Parking." 2. There shall be no repair, maintenance, washing, or detailing of vehicles or trailers on the property. 3. All signage pertaining to the truck and trailer rental business shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs pertaining to the truck and trailer rental business, including neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, light poles, or any other portions of the site. There shall be no pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. 4. The applicant shall plant eight (8) evergreen shrubs in the location as shown on the submitted site plan by the color green and labeled as "Shrub Planting Area." The evergreen shrubs shall be at least two feet high at planting and spaced a minimum of four feet apart. This condition shall be met within 90 days of the approval of this Use Permit by the City Council. The shrubs shall be maintained in good health; any shrub that dies during the first year of planting shall be replaced with a new evergreen shrub at least two feet in height. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance Item #8 Rodney Price Page 2 of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTEDJ concepts and strategies as they pertain to this site. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 8 by consent. Rodney Price, the applicant, appeared before the Commission. h 1 ~ r~~h7A 8EAC1 ~.k `....~'~iA,kyl r~. (~; ~, ~ `~~" CITY OF VIRGINIA BEACH AGENDA ITEM ~. ITEM: SILVER HILL AT THALIA, LLC/JOYCE ANN UPTON, Conditional Change of Zonin ,Conditional O-1 Office to Conditional A-24 Apartment, 4329 Bonney Road (GPIN 1477834040). LYNNHAVEN DISTRICT. MEETING DATE: September 18, 2012 ^ Background: The applicant proposes to rezone the existing Conditional O-1 Office to Conditional A-24 Apartment and develop the site with 29 multiple family dwellings to be available for residents of 55 years of age and older. ^ Considerations: This item was originally advertised for the September 25 City Council meeting with the expectation that it would be `expedited' to the City Council after the Planning Commission's consideration of the request during their September 12 meeting. The shift of the City Council meeting from September 25 to September 18, however, provides insufficient time to prepare the documents required for the application to be heard by the City Council on September 18. Thus, there is nothing for the City Council to consider for this item, and no action is necessary. The applicant is aware that no action can be taken by the City Council. Recommendations: No action is necessary. ^ Attachments: Location Map Recommended Action: No action is necessary. Submitting Department/Agency: Planning Department City Manager: ~- ~~s''~ !~ .~ ~C .^ 4r .~ U _ ,.____. N __ ~ Q ~ ~ ~ ' W ~ b gN/OOnB S o ~ -- ~~; ~ ~ - a ~ ~~~ ~ r: O~1 M74'Nl S ~~ lA sAdaiaol3 -.,,~- Q r u 0 0 m ~~ ~';l t C i N i Q c w O 0 ~., i 0 c o_ :~ a ~° v c c .~ C N OC N h +± v ~ Y~ ; ti OG Z Q =r Zw Z= H J ~ ~ \ M~ r - W 0 1~ ~` 1, Q wi ~z oQ 0 ~..r ~M _:: ° 3 O ~a y N ~n M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE -COG N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT The City Council Schedule Changes for September September 25 -Workshop - 2:00 p.m. 2012 CITY HOLIDAYS 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 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 09/11/2012 PAGE: 1 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D I. BRIEFINGS Craig R. Quigley, Rear Admiral, A. POTENTIAL SHIFTS IN THE REGION'S U.S. Navy (Ret.), MILITARY ASSETS Ex. Director, Hampton Roads Military and Federal Facilities Alliance(HRMFFA) Lou Haddad, B. TOWN CENTER PHASE V President - Armada Hofller Mark Wawner, Project Manager - Economic Develo ment IVIIUIV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI-E. F. MINUTES -August 28, 2012 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y C'~-1 MAYOR'S PRESENTATIONS RESOLUTION TO COMMEMORATE 1 Admiral John C. . SEPTEMBER 11, 2012 as Harvey, Jr. "Admiral John C. Harvey, Jr. Day" 2. MUSEUM OF CONTEMPORARY ART Steve Test, Chairman of the Board of Trustees Debi Gray, Exec. Director Ul PUBLIC HEARINGS: 1. ACQUISITION BY NO SPEAKERS AGREEMENT/CONDEMNATION a. Princess Anne/Gum Bridge Roads 2. 2. LEASES OF CITY-OWNED PROPERTY a. Curtis Wolfarth NO SPEAKERS North Landing Road (formerly Brown Farm) b. R.W. White Farm, LLC NO SPEAKERS New Bridge Road (formerly New Bridge Road Farm) c. Dawley Family Farms, LLC NO SPEAKERS Indian River Road - (formerly Rock Church Property) CITY OF VIRG/NIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 09/11/2012 PAGE: 2 D S AGENDA E D H E W ITEM /! SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D 3. SALE OF EASEMENTS a. North Landing Road, Rock Ministries,Inc. NO SPEAKERS b. Landstown Road, Kempsville Presbyterian NO SPEAKERS Church J/1 Ordinance to AMEND Section 7-25 of City Code DEFFERED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y re registration of personal assistive mobility 10/9/12 BY devices (Golf Carts) CONSENT 2. Resolution to MOVE September 25, Regular ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y Meeting of City Council to September 18/ Workshop of that date to 2:00 P.M. September 25, 2012 3. Resolution to SUPPORT reservation of r-o-w ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y dedicated to high speed rail as part of Route 460 corridor improvements 4. Resolution to REDEFINE scope/work of ARC ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Flash Mitigation CONSENT 5. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. Lease with Dawley Family Farms, LLC ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y on Indian Rivet Road CONSENT b. Lease with R. W. White Farm, LLC on ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y New Bridge Road CONSENT c. Lease with Curtis Wolfarth for North ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Landing Road CONSENT d. Modification of a Lease with the ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Development Authority re the City's Social Services Building at 3432 Virginia Beach Boulevard e. Amendment No. 4 to the Multi-Year ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement between the U.S. Navy the City CONSENT to prevent encroachment/incompatible development in vicinity of NAS Oceana re A1CUZ contours f M-o-U with the Virginia Motor Vehicles re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y multi-trip overweight permits CONSENT 6. Ordinance to AUTHORIZE acquisition of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y property in fee simple for r-o-w Princess Anne/ Gum Bridge Roads/acquisition of easements by agreement or condemnation CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 09/11/2012 PAGE: 3 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U 1 A T E D N O M S H L W V fi Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D 7. Ordinance to DECLARE restrictive easements ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXCF,SS over City-owned properties in the ITA/ CONSENT Rural AICUZ Area (RAA)/AUTHORIZE CONVEYANCE of same to the US Nary 8. Ordinances to ACCEPT/APPROPRIATE: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a. $1,359,108 from U.S. Homeland Security, CONSENT FEMA, the Fire Cooperative Agreement Grant re continued operation of VA Task Force 2 Urban Search/Rescue Team b. $20,000 FEMA to Fire re mobilization/ ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y deployment for Tropical Storm Isaac CONSENT 9. Ordinance to TRANSFER $136,925 within the ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Fire Programs/Aid to Localities Grant rehelmets/ CONSENT related accessories IU1. JOHN N. JOHNSON/JNJ ENTERPRISES, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC. CUP re bulk storage at Jersey Avenue CONDITIONED BY CONSENT DISTRICT 4 - BAYSIDE A 2. OCEAN PROPERTIES, LLC/C. ROGER APPROVED/ 10-0 Y s Y Y Y Y Y Y Y Y Y GIBBON CUP re motor vehicle sales/rentals/ CONDITIONED r service at Lynnhaven Parkway BY CONSENT n DISTRICT 3 -ROSE HALL N E D 3 TGM REALTY INVESTORS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y . INCJ"CECHNOCENTER ASSOCIATES, WISED CONDITIONS LLC, for a CUP re college/ higher education (Stratford University) DISTRICT 2 - KEMPSVILLE 4. BPMS CASCADES, LLC/BPMS CASCADES MODIFIED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y 2, LLC for Modification of Proffers Nos. 1/ 2 PROFFERED BY (approved December 12, 2006) to replace retail CONSENT uses with residential units at Lynnhaven Pazkway/ Centerville Turnpike DISTRICT 1 - CENTERVILLE 5. WILSON DRIVER WIDGEON Conditional APPROVED/ 11.0 Y Y Y Y Y Y N Y Y Y Y CoZ from R-SD/O-2 to Conditional 0-2 to PROFFERED BY develop a office building at 101/109 North CONSENT Lynnhaven Road DISTRICT 6 -BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 09/11/2012 PAGE: 4 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D L. APPOINTMENTS RESCHEDULED g Y C O N S E N S U S ARTS AND HUMANITIES COMMISSION BEACI~SAND WATERWAYS COMMISSION BIKEWAYS AND TRAII,S ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE-COG RESORT AREA PARKING COMMITTEE APPOINTED: 11-0 Y Y Y Y Y Y Y Y Y Y Y No Terms Kitty Bosher Mike Camden Ginger Capps Kristina Chastain Barbara Clark Marty Cochran Bill Dillon Mike Eason Barry Frankenfield Bill Gambrell John Hawa Debbie Kassir George Kotarides Marie-Louise LaFond Nancy Perry- Marscheider MaryAnne Nixon Brandon Ramsey Sam Reid Craig Roback Whit G. Sessoms, III Helene Silverman Carter Turpin M/N/O ADJOURNMENT 6:39 P. M. PUBLIC COMMENTS 6:40 - 6:46 P.M. TWO 2 SPEAKERS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 09/11/2012 PAGE: 5 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A "C E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D The City Council Schedule Changes for September September 4 -Workshop - 4:00 p.m. September 11 All Sessions - FormaUOpen Dialogue-6:00 p.m. September 18 All Sessions -Formal - 6:00 p.m. September 25 -Workshop - 2: 00 p.m. 2012 CITYHOLIDAYS Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day