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FEBRUARY 26, 2013 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-/,arge VICE MAYOR LOi.IIS R. JONES, Bayside -District 9 GLENN R. DAMS, Rose Hall -District 3 WlI,LIAM R. DeSTL'PH, At-Large ROBERT M. DYER, Centerville -District / BARBARA M HEN/.EY, Princess Anne District 7 JOHN D.MOSS, At-Large AMEL/A N. ROSS-HAMMOND, Kempsvi/le -District 2 JOHN 6'. UHRIN, Beach -District 6 ROSEMARY WILSON, At-barge JAMES L. WOOD, I,ynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE. CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDLTOR - LYNDON S REMIAS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 26 FEBRUARY 2013 l a ~~~ _ ~~. ~~ OVA N.i,OHS CITY HALL BUILDING 2401 COURTHOUSE DR/VE' VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com L CITY COUNCIL and SCHOOL BOARD BRIEFING -Building 19 - 3:00 PM A. HEALTH CARE II. CITY COUNCIL BRIEFING -Conference Room - 4:00 PM A. REAL ESTATE ASSESSOR'S ANNUAL REPORT Jerald Banagan, City Assessor III. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patti Phillips, Director -Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith Senior Pastor Victory Baptist 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 February 12, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. SHADOWLAWN NEIGHBORHOOD DREDGING -Special Service District 2. EXCESS CITY-OWNED PROPERTY Parcel adjacent to 708 Arctic Avenue and Lake Holly 3. LICENSE OF CITY-OWNED PROPERTY Communications Room at the Westin Tower - 4535 Commerce Street 4. SUSTAINABILITY PLAN I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Ordinance-3216F re the terms of the Lease of City-owned property at 4tn Street and Atlantic Avenue and AUTHORIZE the City Manager to EXECUTE the Lease with Ocean Water 2. Ordinance to AWARD a License Agreement of a portion of City-owned property at 4535 Commerce Street inside the Communications Room and under the spire atop the Westin Tower and AUTHORIZE the City Manager to EXECUTE the Lease Agreement with WHRO 3. Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Holly in EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and Deborah J. Flanagan in EXCHANGE 4. Ordinance to ALLOW MODIFICATIONS to expand the scope of Town Center Phase V Development Agreement and AUTHORIZE the City Manager to EXECUTE documents Ordinance to AUTHORIZE and ACCEPT the dedication of the boat basins and waterways in and near Chesopeian Colony from Cheryl McLeskey and dredging drainage easements from Lynnhaven Shopping Center, LLC and Colony Pines Apartments, LLC and AUTHORIZE the City Manager to EXECUTE the necessary documents 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, Surry and the Towns of Smithfield and Windsor 7. Ordinances to APPROPRIATE: a. $357,000 from the Sheriff s Office Special Revenue Fund re replacement uniforms b. $24,854 Grant from the Virginia Department of Health, Office of Emergency Medical Services and TRANSFER $37,174 from the General Fund to Emergency Medical Services (EMS) re medical equipment J. PLANNING 1. Application of DONALD JERNIGAN for a Conditional Use Permit re a residential kennel at 2514 Malaga Court DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of LORRAINE BRYANT for a Conditional Use Permit re a child daycare at 901 Meadowood Drive DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL 3. Applications of McDONALD GARDEN MARKET, LLC for Conditional Use Permits re open air markets (sale of garden plants and supplies on a seasonal basis): a. MAUREEN GANNON at 4554 Virginia Beach Boulevard (parking lot of the Sears department store at Pembroke Mall) DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL b. DEAN S. POTTER at 1550 Laskin Road (parking lot of Hilltop East Shopping Center) DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL c. PROVIDENCE SQUARE ASSOCIATES, LLC at 1043 Providence Square Shopping Center (parking lot of Shopping Center) DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL 4. Applications of ROOF SERVICES JGM CORPORATION/JGM, L.C. at 3056 Holland Road DISTRICT 7 -PRINCESS ANNE Change of Zoning from AG-2 Agricultural, O-2 Office and Conditional I-1 Light Industrial to Conditional I-1 I Light Industrial b. Conditional Use Permit re a bulk storage yard RECOMMENDATION APPROVAL 5. Applications of VIRGINIA SUPPORTIVE HOUSING/CF USB REO, LLC at 1333 Diamond Springs Road DISTRICT 2 -KEMPSVILLE a. Conditional Change of Zoning from Conditional I-1 Light Industrial to Conditional O-2 Office b. Conditional Use Permit re a single room occupancy facility RECOMMENDATION APPROVAL 6. Application of STEVE'S TOWING/W. CECIL CARPENTER FAMILY TRUST for Modification of Conditions of a Conditional Use Permit re bulk storage (approved by City Council on January 10, 2012) to expand the storage area at 5890 Thurston Avenue, Suite B DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 7. Ordinance to AMEND and REORDAIN Section 107 of the City Zoning Ordinance (CZO) re Amendments to the City Zoning Ordinance, Zoning District Boundaries and Zoning District Classifications of Property RECOMMENDATION APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSIONS March 2013 March S Workshop 4:00 - 6:00 P.M. March 12 Briefing, Informal, Formal 6:00 P.M. March 19 Workshop 4:00 - 6:00 P.M. March 26 Briefing, Informal, Formal 6: 00 P.M. City Manager's presentation of the FY 2013-14 Resource Management Plan 2013 CITY HOLIDAYS Memorial Duy -Monday, R~tay 27 Inrlepi~nrlence Day - Thursday, July 4 Labor Drt~> -lkfonday, Se~tenaber 2 Veterans Day - i1londray, November ~ i Thar~z~ksbiving D~iy ~& Dcry after Tlzanksgivin~; - Thursd~~it>, 1Vovember 28 & Friday, ~Vovernber 29 Christmas Eve {half=dtry} - Tr.~esdc~~;, .December ~4 Christmas Dn~~ - Wednesday, December 25 Agenda 02/26/2013/gw I. CITY COUNCIL and SCHOOL BOARD BRIEFING -Building 19 - 3:00 PM A. HEALTH CARE II. CITY COUNCIL BRIEFING -Conference Room - 4:00 PM A. REAL ESTATE ASSESSOR'S ANNUAL REPORT Jerald Banagan, City Assessor III. CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patti Phillips, Director -Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - 5:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION Reverend Les Smith Senior Pastor Victory Baptist 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 February 12, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. SHADOWLAWN NEIGHBORHOOD DREDGING -Special Service District 2. EXCESS CITY-OWNED PROPERTY Parcel adjacent to 708 Arctic Avenue and Lake Holly 3. LICENSE OF CITY-OWNED PROPERTY Communications Room at the Westin Tower - 4535 Commerce Street 4. SUSTAINABILITY PLAN r~i'~NtA•BEq~~ 1~ vC ~~1 a:~ Z~ f ~; - a,~ L a ~~ *~. `J .:`~4,` ~,,~~.1 PUBLIC HEARING: AN ORDINANCE TO CREATE A SPECIAL SERVICE DISTRICT FOR THE SHADOWNLAWN NEIGHBORHOOD DREDGING PROJECT As required by Code of Virginia § 15.2-2400, the City Council of Virginia Beach, Virginia wilt hold a public hearing on an ordinance to create a Special Service District for the Shadowlawn Neighborhood Dredging Project. The Public Hearing will be held on March 12, 2013 at 6pm in the City Council chamber on the second floor of City Hall, at 2401 Courthouse Drive. All interested persons are invited to attend. A copy of the ordinance, including a map of the proposed district boundary may be inspected at the Office of the City Clerk. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call: TDD only 711 (TDD -Telephonic Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon Feb. 21, 28, March 7, 2013 23452682 ~.~- r~~°~'~^i~e~q tit r k~ ray r~c n tti 7 i) ~ "~, ~ :r ~~ s 4. PUBLIC HEARING DECLARATION AND CONVEYANCE OF IXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, February 26, 2013, at 6:00 p.m., in the Council Chamber, City Hall -Bldg. 1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be declared "Excess of the City's needs" and sold or otherwise conveyed: Approximately 1,212 sq. ft. (.028 acre) parcel located adjacent to 708 Arctic Avenue and Lake Holly. (Part of GPIN 2427-23-1690) Any questions concerning this matter should be directed to the Public Works Real Estate Office, Municipal Center - Building #2, Room 392, phone number (757) 385-4161. If you are physlcalty disabled or vlsualty impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing Impaired, call TDD 711 (TDD -Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon February 17, 2013 23450442 ,,..-.-„ r.Q~,~NIA'afgrl„ ~ r^=~ ~:-t,;,r~ ~LZ ;t >, <~~ a x " ~.~. PUBLIC HEARING LICENSE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, February 26, 2013 at 6:00 p.m. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed granting of a license for the use of the following City-owned property: 4+/- sq. ft. within the communications room in the Westin tower and 15+/- sq. ft. under the spire atop the Westin tower, located at 4535 Commerce Street (Town Center -Block 7) Any questions concerning this matter should be directed to the Communications & Information Technology Dept., Attn: Radio Systems Engineer, 2405 Courthouse Dr. Bldg. 2, Virginia Beach, VA 23456, (757) 385-8003 If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Ruth Hodges Fraser, MMC City Clerk Beacon February 17,2013 23450504 ORDINANCES/RESOLUTIONS Ordinance to AMEND Ordinance-3216F re the terms of the Lease of City-owned property at 4th Street and Atlantic Avenue and AUTHORIZE the City Manager to EXECUTE the Lease with Ocean Water 2. Ordinance to AWARD a License Agreement of a portion of City-owned property at 4535 Commerce Street inside the Communications Room and under the spire atop the Westin Tower and AUTHORIZE the City Manager to EXECUTE the Lease Agreement with WHRO Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Hollyin EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and Deborah J. Flanagan in EXCHANGE 4. Ordinance to ALLOW MODIFICATIONS to expand the scope of Town Center Phase V Development Agreement and AUTHORIZE the City Manager to EXECUTE documents Ordinance to AUTHORIZE and ACCEPT the dedication of the boat basins and waterways in and near Chesopeian Colony from Cheryl McLeskey and dredging drainage easements from Lynnhaven Shopping Center, LLC and Colony Pines Apartments, LLC and AUTHORIZE the City Manager to EXECUTE the necessary documents 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, Surry and the Towns of Smithfield and Windsor 7. Ordinances to APPROPRIATE: a. $357,000 from the Sheriff's Office Special Revenue Fund re replacement uniforms b. $24,854 Grant from the Virginia Department of Health, Office of Emergency Medical Services and TRANSFER $37,174 from the General Fund to Emergency Medical Services (EMS) re medical equipment ~~T ~;' '';.. ~..V'; t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Ordinance ORD-3216F to Amend the Terms of the Lease for City-Owned Property Located at 4th Street and Atlantic Avenue MEETING DATE: February 26, 2013 ^ Background: The City of Virginia Beach (the "City") owns two parcels of land consisting of approximately 17,863 sq. ft. (0.41 acre), located at the intersection of 4th Street and Atlantic Avenue as shown on the attached location map (GPIN: 2427-22-9617 and 2427-22-8656) (collectively, the "Property"). On February 14, 2012, City Council authorized the execution of a lease between the City and Ocean Water, LLC ("Ocean Water") for the Property, for use as parking (the "Lease"). The Lease is for a term of one year, with four (4) one-year renewal options. The City has the right to terminate the Lease at any time with 90 days' written notice to Ocean Water. As a condition of the Lease, Ocean Water was required to make paving and landscaping improvements to the Property. The Lease provides that If the City exercises its right to terminate the Lease during the initial term or any renewal period, or does not approve Ocean Water's request for renewal, then the City would, subject to appropriation, be required to reimburse Ocean Water for a prorated portion of the actual cost of said improvements, up to $75,000. The rent for the first year was $18,000, with escalation of 3% each subsequent year. The City and Ocean Water intended that the rent and the $75,000 of improvements would be the total amount paid by Ocean Water for use of the Property. The lease did not specify Ocean Water's obligation to pay real estate taxes for the Property nor was Ocean Water aware of this responsibility. The obligation to pay taxes on publically owned property leased to a private entity is set forth in § 58.1-3203 of the Code of Virginia. Ocean Water has requested that the City amend the terms of the Lease to allow Ocean Water to receive a credit toward its rent payments for the real estate taxes paid on the Property. The real estate taxes for the initial term of the Lease total $2,834.80. City staff supports the requested amendment to the Lease. Considerations: Except for the modification set forth herein, all other terms of the Lease shall remain unchanged and consistent with the Summary of Terms previously approved by City Council. ^ Public Information: .Advertisement of City Council Agenda ^ Recommendations: Approval ^ Attachments: Ordinance Amended Summary of Terms Location Map Recommended Action: Approval G Submitting Department/Agency: Public Works /Facilities Management City Manager: ~ ~. ,~~~ 1 2 3 4 5 6 7 8 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 AN ORDINANCE TO AMEND ORDINANCE ORD-3216F TO AMEND THE TERMS OF THE LEASE FOR CITY-OWNED PROPERTY LOCATED AT 4T" STREET AND ATLANTIC AVENUE WHEREAS, by Ordinance ORD-3216F adopted on February 14, 2012, City Council authorized execution of a lease between the City of Virginia Beach (the "City") and Ocean Water, LLC `Ocean Water") for 17,863 sq. ft. (0.41 acre) of City-owned property located at 4t Street and Atlantic Avenue (the "Property") for use as parking (the "Lease"); WHEREAS, the Lease executed by the City and Ocean Water is consistent with the Summary of Terms approved by City Council; WHEREAS, Ocean Water has requested a modification to the terms of the Lease to provide for Ocean Water to receive a credit toward the Lease payment for the real estate taxes paid on the Property; WHEREAS, since the proposed modification to the Lease terms represents a change in the substantive rights of the City, City Council approval is required prior to execution of an amendment to the current Lease. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Manager is hereby authorized to execute an amendment to the Lease between the City and Ocean Water for the Property, in accordance with the Amended Summary of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions, and modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, and 2. Except for the modifications set forth in the Amended Summary of Terms, Ordinance ORD-3216F shall remain in full force and effect. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of , 2013. APPROVED AS TO CONTENT ~~` f ~ ~ Public Wor /Facilities anagement APPROVED AS TO AL SUFFICIENCY City Attorney CA11234 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D014\P016\00057743.DOC R-1 02/12/10 EXHIBIT A AMENDED SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 4T" STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: Ocean Water LLC. PREMISES: Approximately 17,863 sq. ft. (0.41 acre) of City-owned property located at the intersection of 4t" Street and Atlantic Avenue. TERM: February 1, 2012 through January 31, 2013, with four (4) one-year renewal options (the "Term"). RENT: $1,500.00 per month ($18,000.00 annually) for the first year and escalated by three percent (3%) each year thereafter. AMENDED LEASE TERM: For each year of the Term including the first year, the amount of rent owed shall be offset by real estate taxes paid by Lessee for the Premises in that near. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for customer overflow parking for guests, customers and employees of Waterman's Restaurant and Ocean Key Resort, and no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Make certain improvements including paving, updating landscaping and maintenance of the Premises, at a cost not to exceed $75,000 (the "Improvements"). • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia, and name the City as additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice. TERMINATION: • The City may terminate the Lease any time prior to January 31, 2017 upon ninety (90) days' written notice. If City terminates the Lease (except in the case of a breach by the Lessee), or does not consent to a one-year renewal prior to expiration of the Term, the City shall reimburse the Lessee for the costs of the Improvements, prorated for the amount of time remaining in the Term. The City's obligation shall be subject to appropriation by Council. If the Lessee does not consent to a renewal during the Term, or at the conclusion of the Term, the Improvements shall be owned by the City, at no cost to the City. \\vbgov.com\DFS 1 Wpplications\CityLawProd\cycom32\W pdocs\D019\P011 \00002555. DOC „. ~~ ~ ~~ <~~.Vt .ice K+ }~., CITY OF VIRGINIA BEACH _ AGENDA ITEM ITEM: An Ordinance to Award a License of a Portion of the City Property Located at 4535 Commerce Street Inside the Communications Room and Under the Spire Atop the Westin Tower MEETING DATE: February 26, 2013 ^ Background: As a part of Phase III of the Town Center Development, the City of Virginia Beach acquired an approximately 800 square foot condominium unit on the top level of the Westin tower (the "Communications Room"). The City utilizes the Communications Room for installation and operation of radio and other electronic equipment necessary for the City's communications and information needs. In addition to acquiring the Communications Room, the City entered into a license agreement (the "License Agreement") with Town Center Associates 7, L.L.C. ("TCA"), who owns the rooftop and spire above the Westin tower. The License Agreement provides for the City's right to use all of the space underneath the spire on top of the roof of the Westin tower (the "Spire Space") and certain space on the roof outside the spire (the "Rooftop Space"). The License Agreement also provides that the City has the right to enter into sub- licenses with other users for use of the Spire Space, and, in accordance with the terms of the License Agreement, the City is entitled to keep all revenues generated from all sub-licenses. In the event another user licenses the Rooftop Space, the City and TCA would share that revenue equally. The City has approval rights over all other users of the Rooftop Space and the Spire Space to ensure such other users do not interfere with the City's use. HRETA, t/a WHRO, a 501(c)(3) non-profit organization, owned in part by the City of Virginia Beach Public Schools ("WHRO"), desires to license a portion of the Communications Room and a portion of the Spire Space for the installation and operation of radio transmission equipment. WHRO's equipment would be used as an FM translator/repeater station to support WHRO's radio broadcasts. WHRO's proposed use would not interfere with the City's use nor would WHRO's use preclude other additional users of the Communications Room or Spire Space in the future. ^ Considerations: This I'icense would be for a term of five (5) years. WHRO will pay no license fee, but will allow the City to use WHRO's facilities in the Communications Room and Spire Space for emergency broadcasts in the event of a City-wide or localized emergency that results in the activation of the Emergency Operations Center (EOC). A sister translator/repeater, which serves the western part of Virginia Beach, will also be available for emergency use by the City. On December 12, 2012, City staff and WHRO executed a Memorandum of Understanding (the "MOU") to allow WHRO to locate its equipment in the Communications Room and Spire Space on a temporary basis while this matter is brought before City Council for approval. If City Council does not approve WHRO's long-term use, then WHRO will remove its equipment within thirty days. ^ Public Information: Advertisement of the public hearing for the proposed license of City-owned property in the The Virginian Pilot. Advertisement on City Council's Agenda. ^ Alternatives: Approve terms of the proposed license as presented, alter terms of the proposed license or decline to license the use of the subject premises. ^ Recommendation: Approval ^ Attachments: Ordinance Summary of Terms Recommended Action: Approval Submitting Department/Agency: Communication and Information Technology ~~--~,/ City Manager. S ~ , ~~'`~ 1 AN ORDINANCE TO AWARD A LICENSE 2 OF A PORTION OF THE CITY PROPERTY 3 LOCATED AT 4535 COMMERCE STREET 4 INSIDE THE COMMUNICATIONS ROOM 5 AND UNDER THE SPIRE ATOP THE 6 WESTIN TOWER 7 8 WHEREAS, the City of Virginia Beach (the "City") owns a condominium 9 unit on the top of the Westin tower at 4535 Commerce Street (the 10 "Communications Room"); 11 12 WHEREAS, the City purchased the Communications Room for the 13 purpose of installing and utilizing communications equipment to benefit the needs 14 of the City; 15 16 WHEREAS, to support the equipment used in the Communications Room, 17 the City licenses (the "License") from Town Center Associates 7, L.L.C. use of all 18 of the space underneath the spire on the roof of the Westin tower (the "Spire 19 Space"); 20 21 WHEREAS, pursuant to the terms of the License, the City has the right to 22 sub-license use of the Spire Space to third parties and retain all revenues 23 derived from third party licensees; 24 25 WHEREAS, the City has received a request from HRETA (t/a WHRO, a 26 501(c)(3) non-profit organization owned in part by the City of Virginia Beach 27 Public Schools) ("WHRO") to sub-license a portion of the Spire Space for the 28 purpose of maintaining radio broadcasting facilities, for a five (5) year term; and 29 30 WHEREAS, the proposed use by WHRO would not interfere with the 31 City's use of the Communications Room or the Spire Space. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a license 37 agreement for the term of five (5) years, between WHRO and the City, for space 38 within the Communications Room and the Spire Space, in accordance with the 39 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 40 such other terms, conditions and modifications as may be acceptable to the City 41 Manager and in a form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 44 day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA12396 APPROVED AS TO CONTENT ommunication and Information Technology R-1 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D014\P016\00057745. DOC February 15, 2013 2 EXHIBIT A SUMMARY OF TERMS AN ORDINANCE TO AWARD A LICENSE OF A PORTION OF THE CITY PROPERTY LOCATED AT 4535 COMMERCE STREET INSIDE THE COMMUNICATIONS ROOM AND UNDER THE SPIRE ATOP THE WESTIN TOWER LICENSOR: City of Virginia Beach (the "City") LICENSEE: HRETA, t/a WHRO, a 501(c)(3) non-profit organization ("WHRO" or "Licensee"). HRETA is owned in part by the City of Virginia Beach Public Schools) PREMISES: Approximately 4+/- sq. ft. of space within the communications room in the Westin tower and 15+/- sq. ft. of space under the spire atop the Westin tower, located at 4535 Commerce Street (Town Center -Block 7) TERM: Five (5) years. LICENSE FEE: In exchange for the right to license the City's space, WHRO will make 101.7FM available for direct broadcast use by the City in the event of a City-wide or localized emergency where the City's Emergency Operations Center (EOC) is activated. A sister translator/repeater, 99.3FM, serving the western portion of the City, will also be available for emergency public communication. PROPOSED USE: Installation and operation of an FM repeater station to boost the radio signal of broadcasts made by Licensee. RESTRICTIONS ON USE OF LICENSED AREA: The placement and operation of all equipment shall not interfere with the City's equipment and operations at the Westin tower in either the Communications Room or on the roof. City to approve, in advance, all equipment and the placement of all equipment of Licensee. \\vbgov.wm\DFS 1 \Appl ications\Citylaw Prod\cycom32\ Wpdocs\DO l 4\PO l 6\00057747. DOC ~~.. ~"~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 1,212 Sq. Ft. of City-owned Property Located Adjacent to 708 Arctic Avenue and Lake Holly to be in Excess of the City's Needs and Authorizing the Property to be Sold or Otherwise Conveyed to James R. Flanagan, Jr. and Deborah J. Flanagan. MEETING DATE: February 26, 2013 ^ Background: The City of Virginia Beach (the "City") owns Lake Holly (GPIN 2427-23-1690) ("City Property"). James R. Flanagan, Jr. and Deborah J. Flanagan ("Flanagan") own property located at 708 Arctic Avenue (GPIN 2427- 13-7482) ("Flanagan Property"). On October 28, 1997, City Council declared approximately 1,163 sq. ft. of the City Property located adjacent to the Flanagan Property in excess of the City's needs and authorized its conveyance to Flanagan. The sale was never finalized. In June 2012, Flanagan contacted City staff and requested that the sale be finalized. During review of the October 28, 1997 Council action, it was discovered that there was no notice of public hearing as required by state law, thus rendering the October 28, 1997 Ordinance (ORD-97-2461 E) void. The City and Flanagan have now negotiated a land exchange, whereby the City would convey to Flanagan approximately 1,212 sq. ft. of the City Property ("Parcel One") in exchange for Flanagan conveying to the City approximately 96 sq. ft. of the Flanagan Property ("Parcel Two"), plus paying the City the difference in the value of the two parcels being exchanged. The City would retain a drainage and access easement for maintenance over a portion of Parcel One. Summary of Exchange: • Parcel One to Flanagan / Value = $3,636 • Parcel Two to City /Value = $288 • Balance of consideration paid by Flanagan to City = $3,348 ^ Considerations: City staff has reviewed the proposed exchange and determined that Parcel One is not needed for a public purpose and recommends it be declared in excess of the City's needs and exchanged for Parcel Two, plus $3,348.00. ^ Public Information: Advertisement for Public Hearing in The Virginian-Pilot. Advertisement of City Council Agenda. ^ Recommendations: Approve the request and authorize the City Manager to convey 1,212 sq. ft. of the City Property in exchange for 96 sq. ft. of the Flanagan Property, plus the payment of $3,348 to the City. ^ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: Public W~o~rks /Real Estate ~~~ City Manager: 1 AN ORDINANCE DECLARING 1,212 SQ. FT. OF 2 CITY-OWNED PROPERTY LOCATED ADJACENT 3 TO 708 ARCTIC AVENUE AND LAKE HOLLY TO 4 BE IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE PROPERTY TO BE SOLD OR 5 OTHERWISE CONVEYED TO JAMES R. 7 FLANAGAN, JR. AND DEBORAH J. FLANAGAN s 9 WHEREAS, the City of Virginia Beach (the "City") owns Lake Holly (GPIN l0 2423-23-1690) ("City Property"); 11 12 WHEREAS, James R. Flanagan, Jr. and Deborah J. Flanagan 13 ("Flanagan") own property located at 708 Arctic Avenue (GPIN 2427-13-7482) 14 ("Flanagan Property"), adjacent to Lake Holly; 15 16 WHEREAS, on October 28, 1997, City Council declared approximately 17 1,163 sq. ft. of City Property located adjacent to the Flanagan Property in excess of the 18 City's needs and authorized conveyance to Flanagan; however, the sale was not 19 finalized; 20 21 WHEREAS, in June 2012, Flanagan contacted City staff and requested that the 22 sale be finalized; 23 24 WHEREAS, during review of the 1997 Council action, it was discovered that 25 there was no notice of public hearing as required by law, rendering Ordinance ORD-97- 26 2461E void; 27 2s WHEREAS, the City and Flanagan have negotiated a land exchange whereby 29 the City would convey a 1,212 sq. ft. portion of the City Property to Flanagan, in 3 o exchange for Flanagan conveying a 96 sq. ft. portion of the Flanagan Property to the 31 City, plus paying City the difference in the value of the two parcels being exchanged; 32 and 33 34 WHEREAS, City Council is of the opinion that a 1,212 sq. ft. portion of the City 35 Property is in excess of the needs of the City, and that the exchange contemplated 36 herein is in the best interest of the City. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 1. That 1,212 sq. ft. of the City Property (part of GPIN 2427-23-1690), 42 located adjacent to Lake Holly, is declared to be in excess of the needs of the City of 43 Virginia Beach. 44 45 2. That the City Manager is hereby authorized to convey the 1,212 sq. ft. 46 portion of City Property declared excess to Flanagan, in exchange for Flanagan 47 48 49 50 51 52 53 54 55 56 57 58 59 60 conveying 96 sq. ft. of the Flanagan property located at 708 Arctic Avenue (part of GPIN 2427-13-7482) to the City, and paying the City additional consideration as set forth in the Summary of Terms, attached hereto as Exhibit A, and made a part hereof. 3. That the City Manager is hereby authorized to execute any and all documents necessary to effect the exchange of property contemplated herein, inc accordance with the Summary of Terms, and such other terms, conditions and modification as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~ C'. c~as~ lic Works /Real Estate ~ ~~ City Attorne CA 12432 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D024\P014\00054972.DOC R-1 February 12, 2013 EXHIBIT A SUMMARY OF TERMS LAND SALE /EXCHANGE BETWEEN THE CITY OF VIRGINIA BEACH ("CITY") AND JAMES R. FLANAGAN, JR. & DEBORAH J. FLANAGAN ("FLANAGAN") CITY PARCEL: Approximately 1,212 sq. ft. of property located adjacent to 708 Arctic Avenue and Lake Holly (Part of GPIN 2427-13-1690) FLANAGAN PARCEL: A portion of 708 Arctic Avenue (GPIN 2427-13-7482) containing approximately 96 sq. ft. VALUE OF PROPERTY TO BE EXCHANGED: City Parcel to Flanagan - $3,636.00 ($3.00 x 1,212 sq. ft.) Flanagan Parcel to City - $288.00 ($3.00 x 96 sq. ft.) ADDITIONAL CONSIDERATION: Flanagan to pay City - $3,348.00 (the difference in value of the parcels to be exchanged) CONDITIONS OF SALE /EXCHANGE: • City shall retain a permanent right and easement for drainage and access for maintenance over a portion of the City Parcel to be conveyed to Flanagan. • Flanagan shall, at Flanagan's sole expense, subdivide the property and vacate the interior lot lines to incorporate the 1,212 sq. ft. into the existing property at 708 Arctic Avenue. • Settlement to occur on or about 90 days from the date the Exchange Agreement is fully executed by all parties. ~ ~'NU STa>F a ~ c~ ~' Gbp4pNA~, 7Fy im!'o ~Ar 575 ~§ °Q7d $c:m=io NyaO'u~'~~ ~WOBJ NSUN2~ Nm~bt; ~~ VaU~ ~(/.i~,,,, i d~yny l0 ~I A_C9 a V ~ ~~ a yIy~ mDm V V V~~~~ Y~ T ~ vVO~~SS~~I~ G~ + ggqWq S)S>Z~ n G 4 ~ j ~ ~~~ ~~N~~ op t ~ -~ ~v0~~ ffff yp ~ t n ~VW~ K V NVI ~C ~ N 7336'17' W 89.61' ~ \` m ~E ~ v ~ W / ( ~ N O ~ a a~ u' ~ i vF '~o m m ~ A ~ ~ \ ' vy ~ ~K ~ ~ ~ _ ~ ~ N 1336'4Y W 13.00' z ~ ~ 7. g ~~ +~A~ V~~~IY W~ n ~~~~ v ~Z ~ A2 ~ # 0 y~ N 1, j V ~ o [ ~'S~ (G~ ~~ p w ~ 6 \ A p {poi O ~ V ~ G4 ~ Q / ~ ~-~.~_~ _~ ~~~ ~ qq X20 ~~ pS+ ~ a N V / ARCnc AvENUE 50' RIGHT OF WAY MAP BOOK 7 PACE 737 S~J3854 E t m i ~' om• Nzv• ~ ao ~~ n ~~ m o mm~ A w mc~ S~ ~ti ~ ~ p Y' n ~ ~ a ; ZZyn y< n DZC~ CCr'1 Z I ~D $Lm~~o O~y Am-<p V VA ~~° ~~~ ~ i m m~ m w c ~ u2is~~~' m can y voaz v cnyn Z ~YN~ A G~ <~ ~ ~~'z v r,, amv m v o °oa s -+ A o ~ o ~av ~~ ~canA a Z moo a z ~w ~ v vo - a ~•''Z z^1 y~o v m i mr~ ~ ~ °w m o vAk m ...-. a ~m m ~, vNia .. °m cos ~~W as wm a ov~'i so ~ aa-+ 11 y yv p y o ~~A vi-2 pn Z N ~. N p ~ ~ ~ w a xO m ~ tmi> -~ N 0 w 2 2 g~a~~ N~°'~ a v~Gyy _O ~J Iw S~f~~p[bn fT V N '~ y O n m ~ O ~O 2 rn~ 9 av m '' O n 1m~i y y,'C vi y O N ~ ~ ~, m ~n ~ 'C Z ~ °~ m~ ~ ~ ~ ~, v ~~ ma ''~ ~ y~ g ~g LOCATION MAP o`~~ ~_._. ~~j .~k~ d«.~ s l~µy~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Modifications to the Town Center Phase V Development Agreement MEETING DATE: February 26, 2013 Background: The Town Center Project (the "Project") has been along-term priority for the City of Virginia Beach (the "City"). The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Council adopted the Central Business District -South Tax Increment Financing District (the "TIF") with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. At its February 8, 2000, meeting, the City Council approved a Development Agreement for Phase I of the Project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). Phase I of the Project, comprised of a 272,000 square foot office tower, 109,000 square feet of commercial space, a 176-room hotel, an 18,000 square foot bank headquarters building, a 1,284-car public parking garage, and public streets, sidewalks and utilities, has been completed. Subsequently, Phases II, III and IV were authorized by City Council. Phases II and III have been completed, while the approval term for Phase IV has expired and will be revisited as market conditions evolve. On November 12, 2012, City Council approved the Phase V Development Agreement. Phase V of the Project proposed asingle-block development on Block 11 of the Project (currently a large surface parking lot east of the Cosmopolitan Apartments). The Phase V Development Agreement was executed on November 30, 2012. Under the Phase V Development Agreement, Phase V must contain: Single block, Multi-facility, Mixed-use Development /Main Building: 14 Stories ^ Parking Garage, approx. 850-875 spaces (6 levels) ^ Office Tower (8 levels above garage) ^ Apartments above ground-level parking (4 floors- approximately 267 units) ^ Retail, Main Lobby and Apartment Lobby (approximately 18,000 sq. ft.) ^ Private investment of $70.4 million. Considerations: The Developer is now proposing to modify the Phase V Development Agreement to expand the scope of Phase V of the Project by adding one floor of office space (approximately 23,310 square feet), 23 additional apartment units, 3,400 square feet of additional retail space, and approximately 100 additional public parking spaces. The ability to add 100 additional parking spaces in Phase V is particularly important as those additional spaces should allow future development to occur on Block 9 without the necessity of constructing additional spaces on that block, thereby reducing the City's cost participation when that block develops. • The additional private investment would be approximately $14 million for a total private investment in Phase V of $84.4 million. • The additional public parking would add $2 million to the City's overall investment, for a total public cost not to exceed $21 million ($20 million for parking and $1 million for streetscapes). • The additional public costs would be funded by the TIF and from an increased Developer payment should the Developer not construct improvements of a sufficient assessed value on Block 9 to generate adequate revenues in the TIF District. • The Developer has also requested an extension of the deadline to close on its construction loan for Phase V from March 31, 2013 to September 30, 2013. This additional time will allow the Developer to secure financing. The Authority holds (and will continue to hold under the modified Phase V Agreement) a special termination right if the Developer fails to comply with this deadline. Public Information: Advertisement of City Council Agenda. Alternatives: Deny the amendment. Recommendations: Approve the modification of the Phase V Development Agreement, request approval and execution by the Virginia Beach Development Authority of the modifications. Attachments: Ordinance Summary of Terms Recommended Action: Approval Submitting Department/Agency: Economic Development City Manage . 1 ORDINANCE APPROVING MODIFICATIONS TO 2 THE TOWN CENTER PHASE V DEVELOPMENT 3 AGREEMENT 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 6 Virginia Beach Development Authority (the "Authority"), the City Manager and City 7 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 8 Development Company, L.L.C. and its affiliates, regarding the continued 9 development of the Central Business District Project known as "The Town Center of 10 Virginia Beach" (the "Project"); 11 12 WHEREAS, the Project is a development arrangement between the Authority 13 and Town Center Associates, L.L.C. (the "Developer"), for amixed-use commercial 14 development utilizing the structure of an economic development park in the B-3A 15 Pembroke Central Business Core District, an area of the City that is zoned to 16 optimize development potential for amixed-use, pedestrian-oriented, urban activity 17 center with mid-to-high-rise structures that contain numerous types of uses, 18 including business, retail, residential, cultural, educational and other public and 19 private uses; 20 21 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 22 99-2567B establishing the Central Business District -South Tax Increment Financing 23 Fund (the "TIF"); 24 25 WHEREAS, Phases I, II and III of the Project have been completed, and 26 Phase IV of the Project has expired; 27 28 WHEREAS, Phase V of the Project was approved by City Council on 29 November 13, 2012, and by the Authority on November 20, 2012; 30 31 WHEREAS, the Phase V Development Agreement was fully executed on 32 November 30, 2012; 33 34 WHEREAS, the Developer has approached representatives of the City and 35 the Authority about expanding the scope of Phase V of the Project; 36 37 WHEREAS the City Council finds that expanding Phase V of the Project will 38 stimulate the City's economy, increase public revenues, enhance public amenities 39 and further the City's development objectives for the Central Business District, and 40 provide necessary components to further the goals contained in the City's 41 Guidelines for Evaluation of Investment Partnerships for Economic Development; 42 and 43 44 WHEREAS, the City Council hereby approves the modifications to Phase V of 45 the Project as set forth on the Amended Summary of Terms attached hereto, and 46 desires that the Authority approve such modifications and execute such documents 47 as are necessary to evidence the modifications to Phase V of the Project. 48 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA; 50 51 1. That the modifications to the Phase V Development Agreement are 52 hereby approved, so long as such modifications are consistent with the Amended 53 Summary of Terms attached hereto as Exhibit A, and incorporated herein, and such 54 other terms, conditions or modifications as may be acceptable to the City Manager 55 and deemed legally sufficient by the City Attorney. 56 57 2. That the City Manager and the City Attorney are hereby authorized and 58 directed to proceed with the preparation of any and all documents necessary and 59 appropriate to implement the modification of the Phase V Development Agreement 60 (the "Phase V Modification Documents") consistent with the Amended Summary of 61 Terms. 62 63 3. That the City Manager, or his designee, is authorized to execute and 64 deliver any and all Phase V Modification Documents to which the City is a necessary 65 party, so long as such Phase V Modification Documents are consistent with the 66 Amended Summary of Terms and are acceptable to the City Manager and are in a 67 form deemed satisfactory by the City Attorney. 68 69 4. That City Council requests and recommends that the Authority adopt a 70 Resolution, consistent with this Ordinance, approving the modification of the Phase 71 V Development Agreement and authorizing execution of any and all other 72 documents necessary to implement Phase V of the Project. 73 74 5. The City Manager is authorized to modify the Phase V Modification 75 Documents to which the City is a party to the extent such modifications may be 76 technical in nature, provided that after such modifications, the Phase V Modification 77 Documents shall remain in substantial conformity with the Phase V Development 78 Agreement and such modifications are acceptable to the City Manager and in a form 79 deemed satisfactory by the City Attorney. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 82 day of , 2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY ORM City Attorney Economic Development APPROVED AS TO FUNDS AVAILABILITY Finance Department CA12535 V:\applications\citylawprod\cycom32\ Wpdocs\D006\P004\00000226.DOC R-1 February 20, 2013 EXHIBIT A AMENDED SUMMARY OF TERMS PHASE V TOWN CENTER Phase V of the Town Center Project will consist of a single-block mixed-use development on Block 11 of Town Center (presently surface parking) ORIGINAL TERMS 1. Scope of Proposed Improvements Single block, Multi-facility, Mixed-use Development /Main Building: 14 Stories • Parking Garage, approx. 850-875 Spaces (6 levels) • Office Tower (8 levels above garage) • Apartments above ground-level parking (4 floors- approximately 267 units) • Retail, Main Lobby and Apartment Lobby (approximately 18,000 sq. ft.) 2. Developer Obligations A. Developer owns all of the land except fora 30' Strip along the western edge of the block. Developer to purchase the 30' Strip from Authority (at Authority's cost of acquisition and cost of carry). B. Construct all improvements: • Office Tower • Main Lobby • First Floor Retail • Parking Garage • Apartments • Streetscapes C. Estimated Private Investment: $70.4 million D. Make payments totaling $2,950,000 between 2015 and 2023 to the Authority to prevent a shortfall in the TIF. Developer payment to be offset by construction of improvements on Block 9. 3. Authority Obligations A. Pay for Infrastructure Improvements: • Estimated Cost: $1,000,000 • To include streetscapes, utilities, traffic signals B. Lease 1 floor in new 14-story Office Tower. • Leased Area: ~ 20,000 square feet • VBDA's rent Starting at $28.25 per square foot • Rate not to be higher than anchor tenant C. Extend term of current lease in Armada/Hoffler Tower by two years (11/1/12 through 10/31/14). • Developer has right to move Authority to alternate location in Town Center during term if 10~' floor is needed for Hampton University. • Developer bears all costs of move. D. Purchase Parking Garage: • Estimated Cost: not to exceed $18 million • Exact price to be determined based on construction costs 4. Other Terms: A. New Office Tower to be anchored by Clark Nexsen. • Leasing 4 full floors • Anticipate approx. 350 employees to relocate to Virginia Beach B. Developer to construct a temporary parking lot on Block 9 to partially replace spaces lost during construction. Cost to be split between Developer and Authority (Authority's share, estimated at $75,000, to come from $1 million infrastructure budget). PROPOSED MODIFICATIONS 5. Increased Size of Improvements: A. One additional level of parking with approximately 100 spaces for a total of approximately 950 spaces. B. One additional floor of office space in tower (total of 9 levels above garage), for a total of approximately 213,000 sq. ft. of office space C. 23 additional apartment units (total of 290 units). D. 3,400 additional sq. ft. of retail space (total of 21,400 sq. ft.). 6. Increased Investments: A. Public investment increased by $2 million to $21 million total ($20 million for parking garage and $1 million for streetscapes). B. Private investment increased by $14 million. Total private investment in Phase V to be $84.4 million. 7. Source of Payment for Public Investment: A. TIF Funds. B. Additional Developer payment of $100,000 per year for 9 years (total payment of $3,850,000). Developer payment to be offset by additional assessed value constructed on Block 9. C. Additional Developer payment will be offset by up to $100,000 per year by income the Authority receives for leasing parking spaces in Block 11. D. After 9 years, TIF funds will be sufficient to cover costs of additional investment 8. Modification to Construction Loan Closing The Authority holds a special termination right if the Developer has not closed on its construction loan for Phase V on or before March 31, 2013. To allow the Developer time to secure financing, that deadline will be extended by six months until September 30, 2013. wu°~yb ~ ~ s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acceptance of the Dedication of (1) the Boat Basins and Waterways Located In and Near Chesopeian Colony from Cheryl McLeskey, and (2) Dredging and Drainage Easements from Lynnhaven Shopping Center, LLC, and Colony Pines Apartments, LLC. MEETING DATE: February 26, 2013 Background: At the time the Chesopeian Colony neighborhood was developed, the developer, the late F. Wayne McLeskey, Jr., reserved waterway areas for boat basins and drainage. Mr. McLeskey also developed adjacent properties known as Lynnhaven Shopping Center and the Colony Pines Apartments, which properties also include submerged lands that abut the waterways in the Chesopeian Colony neighborhood. Cheryl McLeskey, his widow, individually and as manager of Lynnhaven Shopping Center, LLC, a Virginia limited liability company, and Colony Pines Apartments, LLC, a Virginia limited liability company, (collectively, the "Grantor") has agreed to quitclaim to the City any interest she has in the Chesopeian Colony boat basins and to grant easements over portions of the waterways on the Lynnhaven Shopping Center and Colony Pines plats. The areas consist of portions of GPINs 1497-47-3785, 1497-65- 3548, and 1497-36-7423, as shown on the attached map, and are located in or around the Chesopeian Colony neighborhood in Virginia Beach (collectively, the "Property and Easements"). The City has been in discussions with the Grantor in connection with the dedication of the Property and Easements for current and future dredging needs of the Chesopeian Colony neighborhood. The dedication of the Property and Easements will facilitate public or private dredging of the waterways and can be used to improve drainage in the area. In addition, many of the lots adjacent to the boat basins and waterways in the Chesopeian Colony neighborhood do not line up with the edge of water, possibly due to fill placed at the time the canals and coves were initially dug out or due to survey error. Individual lot owners have had to seek written permission from the Grantor to install improvements necessary for the enjoyment of and protection from the adjacent water, such as bulkheads, piers, docks, shoreline stabilization, rip/rap and similar improvements ("Waterfront Improvements"). The Grantor wishes to reserve a perpetual easement and right of use for the benefit of the lot owners adjacent to the Property and Easements to build Waterfront Improvements without requiring any further permission, license or right of entry from the Grantor, although other permits or approvals may still be required from state, federal and/or local authorities, including the City. The Grantor also would reserve from the dedication, on behalf of the Chesopeian Colony lot owners, the right to use an existing boat ramp located with the areas to be dedicated. Considerations: Cheryl McLeskey, Lynnhaven Shopping Center, LLC and Colony Pine Apartments, LLC propose to dedicate the Property and Easements to the City, but the City has agreed to pay the Grantor's legal costs for reviewing the conveyance documents. Such costs would be funded through CIP 3-139 (Various Site Acquisitions - Phase II). City Council has been briefed on a proposed neighborhood dredging project for Chesopeian Colony that, if approved, would be funded through a Special Services District. If that project goes forward, the City's acceptance of the dedication of Property and Easements will expedite the dredging project. Even if there is no Special Services District approved for neighborhood dredging in Chesopeian Colony, private dredging projects will be more feasible if the City accepts the dedication of the Property and Easements because the City could grant access for such private dredging. Public Information: Advertisement of City Council Agenda. Recommendations: Accept the dedication of the Property and Easements. Attachments: Ordinance Location Maps Recommended Action: Approval Submitting Department/Agency: City Manager's Office 4~~. City Manager: S K- 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF THE DEDICATION OF (1) THE 3 BOAT BASINS AND WATERWAYS LOCATED IN 4 AND NEAR CHESOPEIAN COLONY FROM 5 CHERYL MCLESKEY, AND (2) DREDGING AND 6 DRAINAGE EASEMENTS FROM LYNNHAVEN 7 SHOPPING CENTER, LLC, AND COLONY PINES s APARTMENTS, LLC 9 to WHEREAS, Cheryl McLeskey, Lynnhaven Shopping Center, LLC and Colony 11 Pines Apartments, LLC are the owners of the boat basins and waterways (portions of 12 GPINs 1497-47-3785, 1497-65-3548, and 1497-36-7423) located in and near the 13 Chesopeian Colony neighborhood (collectively, the "Property and Easements") as 14 shown on the attached Exhibit A; 15 16 WHEREAS, Cheryl McLeskey, individually and as manager for Lynnhaven 17 Shopping Center, LLC and Colony Pines Apartments, LLC, (the "Grantor") has agreed is to dedicate the Property and Easements to the City of Virginia Beach; 19 2 o WHEREAS, the Grantor will reserve a perpetual easement and right of use for 21 the benefit of the lot owners adjacent to the Property and Easements to build waterfront 22 improvements such as bulkheads, piers, docks, shoreline stabilization, rip/rap and 23 similar improvements without requiring any further permission, license or right of entry 24 from the Grantor, although other permits or approvals may still be required from state, 25 federal and/or local authorities, including the City; and 26 27 WHEREAS, the Grantor will also reserve a right of use for the benefit of the lot 28 owners adjacent to the Property and Easements to use an existing boat ramp located 29 within the areas to be dedicated; 30 31 WHEREAS, the City's acceptance of the dedication of the Property and 32 Easements would promote the City's goals to facilitate public and private dredging of 33 the waterways and public drainage and for other public purposes. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 3 s 1. That the City Council authorizes the City Manager or his designee to 3 9 accept the dedication of the boat basins and waterways in and near the Chesopeian 4 o Colony neighborhood, as shown on the attached Exhibit A, owned by Cheryl McLeskey, 41 Lynnhaven Shopping Center, LLC and Colony Pines Apartments, LLC. 42 43 2. That the City Manager or his designee is further authorized to execute any 44 and all documents necessary or appropriate to complete acceptance of the dedication 45 of the Property and to reimburse the Grantor for legal fees associated with reviewing the 46 documents related to the dedication. 47 4 a Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 9 of , 2013. APPROVED AS TO LEGAL P D AS TO CONTENT SUFFICIENCY AND FORM ~~ City Attorney City Manager CA12414 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d026\p014\00047722. doc 2/14/13 EXHIBIT "A" PROPERTY DESCRIPTION CHESOPEIAN COLONY GPIN: 1497-47-3785 & WATERWAYS WITHOUT ASSIGNED GPIN Parcel One: All that certain tract, parcel or piece of land, and the improvements thereon, including the boat ramp located at the terminus of Queen Anne Road, designated and described as "RESERVED FOR BOAT BASIN AND DRAINAGE" on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION ONE PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated November 1955, and recorded in the aforesaid Clerk's Office in Map Book 41, at page 21. Parcel Two: All that certain tract, parcel or piece of land designated and described as "RESERVED FOR BOAT BASIN AND DRAINAGE" on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION TWO PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated November 1955, and recorded in the aforesaid Clerk's Office in Map Book 41, at page 22. Parcel Three: All that certain tract, parcel or piece of land designated and described as "RESERVED FOR BOAT BASIN AND DRAINAGE" on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION THREE PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated May 1957, and recorded in the aforesaid Clerk's Office in Map Book 44, at page 18. Parcel Four All those areas that are or may be owned by Grantor channelward of the platted lot lines in the areas marked "BRANCH OF LYNNHAVEN RIVER" and "KINGS LAKE -- STRIP FOR EASEMENT AND USE OF ADJOINING PROPERTY OWNERS" and the area channelward of the southern boundary of Lot 199 on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION FOUR PRINCESS ANNE COUNTY VIRGINIA," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, dated March, 1956, and recorded in the aforesaid Clerk's Office in Map Book 46, at page 4. Parcel Five All those areas that are or may be owned by Grantor channelward of the platted lot lines of Lots 212 and 213 on that certain subdivision plat entitled "SUBDIVISION OF CHESOPEIAN COLONY SECTION FIVE PRINCESS ANNE COUNTY VIRGINIA," Scale 1 "=100', prepared by Frank D. Tarrall, Jr. & Associates, dated December, 1963, and recorded in the aforesaid Clerk's Office in Map Book 60, at page 6. RESERVING from Parcels One, Two, Three, Four and Five a nonexclusive, perpetual variable width easement and right of use, as more particularly described below, for the benefit of all of the owners, and their heirs, devisees, successors and assigns, of those certain lots shown on the aforesaid plats of Chesopeian Colony, Sections One, Two, Three, Four and Five, as being adjacent to the Boat Basins and Waterways as defined herein (the "Benefitted Lot(s)"), which easement as to each Benefitted Lot is comprised of the zone between the Benefitted Lot's property line abutting the Boat Basins and Waterways ("Easement Line A") and a line located three (3) feet channelward of the edge of water ("Easement Line B") along the entire boundary of Easement Line A for the purpose of construction of any Waterfront Improvements, as defined herein, dredging, water access, shore stabilization or protection, and any activity or structure necessary for the enjoyment or protection of such waterfront lots by the owner(s) of any of such adjacent lots. ALSO RESERVING from Parcel One a perpetual easement and right of use for the benefit of all of the residents of all sections of Chesopeian Colony, the Chesopeian Colony Civic League, and any other organization that is duly authorized to represent the Chesopeian Colony lot owners, which easement and right of use shall include the right to maintain (or replace with like kind) the currently existing Boat Ramp located in Section One, at the terminus of Queen Anne Road, although other permits and approvals may still be required from state, federal and /or local authorities, including Grantee. 2 LESS AND EXCEPT any portion of said lands previously conveyed by Grantor or her predecessors in title. II. COLONY PINES APARTMENTS GPIN: 1497-65-3548 All that certain nonexclusive, perpetual easement located in the City of Virginia Beach and designated and described as "Area 1" and "Area 2" and further shown as "EASEMENT AREA TO BE GRANTED TO CITY OF VIRGINIA BEACH," (hereinafter the "Easement Areas") on that certain exhibit entitled "EXHIBIT OF WATERWAY AREAS OF COLONY PINES APARTMENTS LLC," Scale 1 "=200', dated December 5, 2012, which exhibit is attached hereto and made a part hereof by this reference. RESERVING unto the Grantor a nonexclusive, perpetual variable width easement and right of use, for the area from the landward boundaries of Area 1 and Area 2 to a line located three (3) feet channelward of the edge of water along the entire boundary of the Easement Areas for the purpose of construction of any Waterfront Improvements, as defined herein, dredging, water access, shore stabilization or protection, and any activity or structure necessary for the enjoyment or protection of the remaining lands of Grantor. IT BEING a portion of the property conveyed to Grantor by Deed dated February 26, 2008, from F. Wayne McLeskey, Jr., and duly recorded in the aforesaid Clerk's Office as Instrument Number 20080710000809490. III. LYNNHAVEN SHOPPING CENTER GPIN: 1497-36-7423 All that certain nonexclusive, perpetual easement located in the City of Virginia Beach and designated and described as "EASEMENT AREA TO BE GRANTED TO CITY OF VIRGINIA BEACH," (hereinafter the "Easement Area") on that certain exhibit entitled "EXHIBIT OF WATERWAY AREAS AND BOAT RAMP OF LYNNHAVEN SHOPPING CENTER LLC," Scale 1"=200', dated December 5, 2012, which exhibit is attached hereto and made a part hereof by this reference. TOGETHER WITH the nonexclusive, perpetual right of access to and use of the Boat Ramp depicted on the aforesaid exhibit for any public project. RESERVING unto the Grantor a nonexclusive, perpetual variable width easement and right of use of the area from the landward boundaries of the Easement Area to a line located three (3) feet channelward of the edge of water along the entire boundary of the Easement Area for the purpose of construction of any Waterfront Improvements, as defined herein, dredging, water access, shore stabilization or protection, and any activity or structure necessary for the enjoyment or protection of the remaining lands of Grantor. FURTHER RESERVING a perpetual easement and right of use for the benefit of all of the residents of all sections of Chesopeian Colony, the Chesopeian Colony Civic League, and any other organization that is duly authorized to represent the Chesopeian Colony lot owners, which easement and right of use shall include the right to maintain (or replace with like kind) the currently existing Boat Ramp located in the waters of Section One, at the terminus of Queen Anne Road, although other permits and approvals may still be required from state, federal and /or local authorities, including Grantee. IT BEING a portion of the property conveyed to Grantor by Deed dated February 26, 2008, from F. Wayne McLeskey, Jr., and duly recorded in the aforesaid Clerk's Office as Instrument Number 20080710000809480. 4 ~~ ~' `~ ' v ~~Y , L r, ..CAE ~-il -t \\ F ~ \t~^ ~ 1 ~~ ~• ~~( to / ~\ $~ ~~ S '~ - ',r - ;~~~ ,~ .\~\~ '~ ~ 1''~_~' ,.,,Y."!- ~_''-~ 1'i it ,` ~J- ix- ~r o 11 f t ~,~'" `'fi fi z •i Y ~ ~..a,) ~~~ ~`"'; '.°~ i' ~ /' ~~. "~.-i _% i ~FC Lam. 'ir,t ~"~~~Y~-rgp~~v~, ~ ~•} 1 t .Si r_ ~ ~ ~ `_:. 4! \ ~`~;I F~ ~SYt~ ~N~~ T~ 2 Lr ' ~P~, ~.-~., ~ Q :11- crr 14' _ i. ~/~~~~T~~ y. ~~' ,`v~U~.ix ~ J`...~ ~\.~:-,,`~Ui t~r;4a ?a-:. ' I zu ~ \` ~ i- _ I ,fir .. ~~,`;'..` ~a,•f ~ ~@ ~ ~ yti/ 9~,1 ~~~ - ~c~ ! 1 ~ ~- .r-Y ~ '~~ ~J~;ii T~/ y„_ o ~- ~ -. '-yl'.~ ~_ ~ ~~~rc:~., ~,~~'r O ice' t ~~ti tea' ~~ R F 4 rte`" t- ~J~" R~ ~i~~ t 1//'~ ~' ~r ~ `\. l~l r ~~~~ ~~~~ ~~ ~ ~ ,~ `~ ~__. _~ i`-.. r. ~ ,[' ~`?.. ~-{-`~.:- .I'll ~~~ ~;~t ~~\\, ~i«•~ y"~-.'~"-`~.Q~,~". .r ~.. ^~' ° a t \• ~~~ L ~~~"rte r ~{~~l`.'j~` {r ~,~~•-: 1 to . 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U ~~ ~~ ~~ _ ~~ii ~% ~~ ~ i _ ~ . ~~ cscs _ S~ fl ~ e' ! H ~ ~ ~ ~ --4,-~ r '- r ~+' :.~ ~ L ~ ~~ ~~ ~ ~ Y ~ ~ ~ r r ~ r :. ~ f,. _ ~ ~ r ~ t ti ~ o 1. `~,~~ ~ t °"".~°_-~W L r ~ -~ ~$ ~~ o m - ~~ 7~~~~'~ r~ r p O ~ ~ ,i`` ~ , ~ r!~' rw ~~ P ~ m ~,~ ~E ~ ~ W Y`vJ.~/` ~ ~ 1 1 '} ~~ ~ ~~~ _ ~ ` ~ ~-~~ F^:~Q 1 ~ :r~ ~ ; ~ ~ O CS O ~ C1 ~m~ vi ~~, ~ ~ ~~ m M U o~ ~~ ~ +~tU B '1 {4S~t Eq y,C7~ ~ ly ~} ~> Su f~ ;i. `4`~~r ~r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing and Directing the City Manager to Execute a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, Surry and the Towns of Smithfield and Windsor MEETING DATE: February 26, 2013 ^ Background: In November 1990, the City Council passed an ordinance authorizing the City Manager to execute a Mutual Aid Agreement for police services with Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach and James City. That agreement was updated in October 2003 to allow the localities of Williamsburg, York and Smithfield to join the agreement, again in September of 2009 to allow the localities of Franklin, Poquoson, Accomack, Gloucester, Isle of Wight and Northampton to join the agreement, and then again in June 2012 to allow the Town of Windsor to join the agreement. The proposed update will allow the County of Surry to join the agreement. ^ Considerations: By executing this Agreement, the City ensures its inclusion in this multi-jurisdictional Regional Mutual Aid Agreement. This agreement is separate and distinct from the Statewide Mutual Aid agreement to which this City is also a party, as the statewide agreement is only triggered when the Governor declares a state of emergency. ^ Public Information: This item will be advertised in the same manner as other items on Council's agenda. ^ Recommendations: Adopt Ordinance. ^ Attachments: Ordinance, Amended Mutual Aid Agreement and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Police Department City Manager. k , LAW ENFORCEMENT MUTUAL AID AGREEMENT THIS AGREEMENT, made this ls` day of January, 2013, by and among the Cities of CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal corporation of the Commonwealth of Virginia; the County of JAMES CITY, a political subdivision of the Commonwealth of Virginia; the Sheriff of the County of ACCOMACK; the Sheriff of the County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County of NORTHAMPTON; the Sheriff of the County of SURRY; the Sheriff of the County of YORK; the Town of SMITHFIELD; and the Town of WINDSOR. WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no police department has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the thirteen local governments and the Sheriffs of the Counties of Accomack, Gloucester, Isle of Wight, Northampton, Surry and York have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties hereto desire that the terms and conditions of this Law Enforcement Mutual Aid Agreement be established. NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows: 1 SUMMARY OF TERMS 1. Event - an incident requiring a law enforcement response that exceeds the equipment and/or personnel resources of the member's Police Department. 2. Mutual Aid Agreement - An agreement between nineteen (19) localities to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's law enforcement department. The Agreement also provides arrest authority for officers responding to the requesting jurisdiction's locality, and allows arrest authority for officers present in another's jurisdiction in the event of an immediate threat to public safety. 3. Nature -Outlines the procedures for the City of Virginia Beach to provide and receive law enforcement manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term -This Agreement is effective upon execution, and may be terminated without cause upon thirty (30) days written notice by either party. This Agreement mirrors and will rescind the 2012 Agreement upon execution. 5. Insurance -Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. ~N1A-BPq~~ 'y J~F sly r'C .- ;~ 7 i~ ~ g> +4 D/ i ~ Z` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $357,000 from the Fund Balance of the Sheriff's Office Special Revenue Fund to Replace Uniforms MEETING DATE: February 26, 2013 ^ Background: Code of Virginia 15.2-1613, states, cities shall provide at their expense a reasonable number of uniforms and items of personal equipment required by the Sheriff to carry out his official duties. The Virginia Beach Sheriff's Office has been notified by their uniform supplier that the color "Sheriff's brown" will become a limited color option in the future. Obtaining brown uniform replacements is growing increasingly difficult with cost estimates anticipated to increase in future years. Maintaining the current contract for brown uniforms would cost the Sheriff's Office around $810.40 per deputy or $356,576 annually. The Sheriff's Office, along with Finance/Purchasing, placed the current uniform contract out on a formal bid. The Uniform Bid Committee evaluated and selected a new vendor to provide blue uniforms for all Sheriff's Office sworn personnel. These new uniforms will cost $671.66 per deputy or $295,530 annually. This new cost would save the City $61,046 annually. Now that a contract and supplier has been selected, the Sheriff's Office requests funding to pay for the uniform change. It is anticipated that the initial switch from brown to blue uniforms will cost a total of $657,000. The Sheriff requests that $357,000 be appropriated from the fund balance of the Sheriff's Office Special Revenue Fund. The remaining amounts needed to fully transition the uniforms ($300,000) will be requested in the FY 2013-14 City budget. ^ Considerations: The Sheriff's Office believes the transition from brown to blue will save the City money over the long term. ^ Alternatives: Increase the General Fund transfer to the Sheriff's Office by $61,046 to cover the additional cost burden on the Sheriff's operating budget by keeping the current uniform color of brown. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Attachment: Ordinance Submitting DepartmentlAgency: Sheriff's Office 1 AN ORDINANCE TO APPROPRIATE $357,000 FROM THE 2 FUND BALANCE OF THE SHERIFF'S OFFICE SPECIAL 3 REVENUE FUND TO REPLACE UNIFORMS 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 8 That $357,000 is hereby appropriated from the fund balance of the Sheriff's 9 Office Special Revenue Fund to the FY 2012-13 Operating Budget of the Sheriff's Office 10 to begin converting the Sheriff's Office uniforms from brown to blue. 11 12 Adopted by the Council of the City of Virginia Beach, Virginia on the day 13 of , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services C' 's Office CA12521 R-1 February 13, 2013 u~ -'~ ? ~~ ~~-- ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Purchase of Stretchers and Related Equipment for Ambulances MEETING DATE: February 26, 2013 ^ Background: The General Assembly established the Four-for-Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code 46.2-694, the Four-for-Life program collects four additional dollars on each state automobile license purchased annually. Twenty-five percent of these funds collected are returned to the municipality through the Rescue Squad Assistance Fund Grant Program for equipment and supplies intended to enhance rescue/medical capabilities. These funds are shared among volunteer rescue squads, career medics, and firefighters to increase medical proficiencies and to enhance training and equipment. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services a Rescue Squad Assistance Fund grant of approximately $24,854 to purchase four Stryker Pro XT Stretchers and associated medical equipment. A local match is required, and it accounts for 60% of the cost to acquire these stretchers. In the years from 2002 to 2011 Volunteer, Career Medics and Fire Medics reported a total of 112 injuries due to manual stretchers at a cost of $141,137. In an effort to improve patient Standard of Care, reduce costs, injuries and long term back problems, Virginia Beach Emergency Medical Services' Equipment Committee has mandated that all manual lift stretchers be replaced with power lift stretchers. The ten rescue squads have 34 ambulances. In FY 2011-12, 4 power stretchers were purchased leaving 30 manual stretchers to be replaced. As a best case scenario, EMS' goal is to replace all stretchers in a three-year period from FY 2011-12 to FY 2013-14. However, given funding limitations, the short-term goal is to have at least 2 power stretchers per Rescue Squad or 20 in total by FY 2015-16. This new equipment and supplies will be used to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. ^ Considerations: The State Four for Life funds are strictly governed by state law and may be used to purchase additional or enhanced equipment or training needs. The funds may not be use to off-set or supplant current services. The funding for the local grant match of $37,174 is available in the General Fund Reserve for Contingencies. As of February 5, 2013, the balance in the General Fund Reserve for Contingencies prior to this request is $335,824. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Alternatives: Decline the additional funding, delay purchases and funding is reverted to the State government. Or, accept the additional funding and purchase the equipment. ^ Recommendations: Approve the attached ordinance. ^ Attachments: Ordinance, Grant Award Letter Recommended Action: Approval Submitting DepartmentlAgency: Department of Emergency Medical Services City Manager: k , ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER FUNDS FOR THE PURCHASE OF STRETCHERS AND RELATED EQUIPMENT FOR AMBULANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $24,854 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services, and appropriated, with estimated state revenues increased accordingly, to the FY 2012-13 Operating Budget of the Department of Emergency Medical Services to purchase four power stretchers and related equipment; and 2) $37,174 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2012-13 Operating Budget of the Department of Emergency Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. 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: ~~~~ ~ _. C' or y' ffice CA12518 R-1 February 6, 2013 PLANNING 1. Application of DONALD JERNIGAN for a Conditional Use Permit re a residential kennel at 2514 Malaga Court DISTRICT 7 -PRINCESS ANNE RECOMMENDATION 2 3. APPROVAL Application of LORRAINE BRYANT for a Conditional Use Permit re a child daycare at 901 Meadowood Drive DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL Applications of McDONALD GARDEN MARKET, LLC for Conditional Use Permits re open air markets (sale of garden plants and supplies on a seasonal basis): a. MAUREEN GANNON at 4554 Virginia Beach Boulevard (parking lot of the Sears department store at Pembroke Mall) DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL b. DEAN S. POTTER at 1550 Laskin Road (parking lot of Hilltop East Shopping Center) DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL c. PROVIDENCE SQUARE ASSOCIATES, LLC at 1043 Providence Square Shopping Center (parking lot of Shopping Center) DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Applications of ROOF SERVICES JGM CORPORATION/JGM, L.C. at 3056 Holland Road DISTRICT 7 -PRINCESS ANNE a. Change of Zoning from AG-2 Agricultural, O-2 Office and Conditional I-1 Light Industrial to Conditional I-1 I Light Industrial b. Conditional Use Permit re a bulk storage yard RECOMMENDATION APPROVAL Applications of VIRGINIA SUPPORTIVE HOUSING/CF USB REO, LLC at 1333 Diamond Springs Road DISTRICT 2 - KEMPSVILLE a. Conditional Change of Zoning from Conditional I-1 Light Industrial to Conditional O-2 Office b. Conditional Use Permit re a single room occupancy facility RECOMMENDATION APPROVAL 6. Application of STEVE'S TOWING/W. CECIL CARPENTER FAMILY TRUST for Modification of Conditions of a Conditional Use Permit re bulk storage (approved by City Council on January 10, 2012) to expand the storage area at 5890 Thurston Avenue, Suite B DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 7. Ordinance to AMEND and REORDAIN Section 107 of the City Zoning Ordinance (CZO) re Amendments to the City Zoning Ordinance, Zoning District Boundaries and Zoning District Classifications of Property RECOMMENDATION APPROVAL ,_;, ., NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, February 26, 2013 at 6:00 PM, at which time a Public Hearing to consider the following applications will be held: PRINCESS ANNE DISTRICT Roof Services JGM Corporation /JGM, L.C. Application: Changgof Zoninz from AG-2 Agricultural, 0-2 Office, and Conditional I-1 Light Industrial to Conditional I-1 I Light Industrial at 3056 Holland Road (GPIN 1495240400). Comprehensive Plan: Special Economic Growth Area 3 (SEGA 3), South Oceana. Proposal: building addition and bulk storage yard Roof Services JGM Corporation/JGM, L.C. Application: ~ nrlirinnal Use Permit for a bulk storage yard at 3056 Holland Road (GPIN 1495240400) Donald Jernigan Application: Conditional Use Permit for a residential kennel with a maximum of seven (7) dogs at 2514 Malaga Court (GPIN 2 41460 899 7) ROSE HALL DISTRICT Lorraine Bryant Application: Conditional Use Permit for a child daycare with a maximum of twelve (12) children at 901 Meadowood Drive (GPIN 1486614663). BAYSIDE DISTRICT Steve's Towing /W.Cecil Carpenter Family Trust Application: Modification of Conditions of a Use Permit for bulk storage approved on January 10, 2012. Request is to expand storage area at 5890 Thurston Avenue, Suite B (GPIN 1459937553) McDonald Garden Market, LLC/MAUREEN GANNON for SEARS ROEBUCK Application: Conditional Use Permit for an Open Air Market (sale of garden plants and supplies on a seasonal basis within parking lot) at 4554 Virginia Beach Boulevard (Sears at Pembroke Mall), (GPIN 1477562034). Deferred on January 9, 2013. CTIY OF VIRGINIA BEACH Ordinance to Amend and Reordain Section 107 of the City Zoning Ordinance pertaining to amendments to the City Zoning Ordinance, Zoning District Boundaries and Zoning District Classifications of Property. KEMPSVILLE DISTRICT. Virginia Supportive Housing / CF USB REO, LLC Application: Conditional Change of in from Conditional I-1 Light Industrial to Conditional 0-2 Office. The applicant is proffering the site plans, building plans and use of the property for a single room occupancy complex at 1333 Diamond Springs Road. (GPIN 1469009994). Comprehensive Plan: Burton Station Strategic Growth Area (SGA 1) Virginia Supportive Housing/ CF USB REO, LLC Application: Conditional Use Permit for a single room occupancy facility consisting of 80 single-room units at 1333 Diamond Springs Road. (GPIN 1469009994). McDonald Garden Market, LLC/PROVIDENCE SQUARE ASSOCIATES, LLC Application: Conditional Use Permit for an Open Air Market (sale of garden plants and supplies on a seasonal basis within parking lot) at 1043 Providence Square SC (GPIN 1466538222). LYNNHAVEN DISTRICT McDonald Garden Market, LLC (Applicant) / Dean S. Potter Application: Conditional Use Permit for an Open Air Market (sale of garden plants and supplies on a seasonal basis within parking lot of Hilltop East SC) at 1550 Laskin Road (GPIN 2407996644). Deferred on January 9, 2013 All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at r r,p:[_;4 r F J,~r~o;~, c,r;-p~ For information call 385-4621. If you are physically disabled or visualty Impaired and need assistance at this meeting, please call the CffYCLERK'S OFFICE at 385-4303. Beacon February 10 & 17, 2013 ~ 23417990 M W Z Z Q W~ i.~ Z~ R C C Gi yi C .~, N ai a a ~H a :~ .~ ; o~ 4 ~; •~ 4 V Q r4 ~~ ~o ~a N . ~C ~~ ~" ~i ~~ ~ ~ f~ ~ ~~ `~H~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DONALD JERNIGAN (Applicant & Owner), Conditional Use Permit for a residential kennel with a maximum of 7 dogs. 2514 Malaga Court (GPIN 2414608997). PRINCESS ANNE DISTRICT. MEETING DATE: February 26, 2013 ^ Background: The applicant requests a Conditional Use Permit for a Residential Kennel. Currently, the applicant owns a total of five dogs: four Australian Shepherds and one Golden Retriever. The four Australian Shepherds are show dogs and range in age from four to eight years old. The Golden Retriever is a family pet and is nine years old. In addition to these five dogs, the applicant occasionally boards an additional dog for one or two nights. The applicant, therefore, is requesting a Conditional Use Permit to allow six dogs. ^ Considerations: The subject lot is located on the bulb of a cul-de-sac in a residential neighborhood. Situated in the center of the lot is a detached home with a footprint that is approximately 2,500 square feet. Behind the house along the rear fence is a 12' x 16' tool shed and a 10' x 12' dog shed. Using fencing, the applicant has divided the backyard into three sections to keep the dogs separated and limit their disturbance to adjacent properties during their time outside. Each fenced-off area allows the dogs to access an indoor area of either the dwelling or a 10' x 12' dog shed located along the rear lot line. The applicant has also fenced off a buffer area 20 feet deep which extends along the northeastern side lot line from the front fence to the rear fence. This area is to keep the dogs from "running the fence" with the pets of the adjacent property owner, and thus, lowering the amount of disturbance to neighbors. The applicant plans on reorganizing the fencing to include a five to eight foot buffer along the southwestern side lot line, extending from the front fence to the rear fence, to protect landscaping and further control any disturbance to neighbors. 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 unless the animals are kept in soundproof, air-conditioned buildings. At its widest, the site is 210 feet wide. This does not allow adequate space for the dogs to be kept outside in accordance with Section 223 of the Zoning Ordinance; therefore, staff has included a condition requiring that the dogs be kept within a soundproof air-conditioned Donald Jernigan Page 2 of 2 building. The applicant is aware of this condition, and has stated his intention of renovating his two sheds to meet this condition. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to six dogs. At such time as any of the dogs covered by this Use Permit die, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). Notwithstanding however, the applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs are current with regard to all required vaccinations and immunizations and are properly licensed through the City of Virginia Beach. 3. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof and air-conditioned building. Structural accommodations to existing sheds or construction of new building(s) to meet this requirement shall be completed within six (6) months of City Council approval. 4. All dogs, when outside of the home, shall remain within the fenced-in areas, be supervised at all times, and shall not be a nuisance to any other property owners or residents. 5. The existing fences shall be maintained in good condition. ^ 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 Manage • S ~ . "V ~~ PRINCESS ANNE Tla~,l_-,z Donald Jerni an ~~ ~~ ~iJ'.~ ~ ~ ~ i ~ ;,.',! - ..~ 1.Miryp~~R'~Sr~ ;~ ~ C f~ i ~~ ~~ pr %~1 R~.S~' -eV~ 7 ~~ ~ g ` . . .. _ ~ ~.~, ~zo~ ~~ R~ ~ ~~ -- ~ ,~ - R~~~ ~V ~~ ~~ S B2 R ~ ~,, ~ ~ ~+ :, ;'~R15 P1' Ri& Rai, AG2 ' Z°""'~ "'^ °ondn°"i°'em'*. °P" Sryi a Premaix er PGY~l Ore rlrya CUP fog Resldentlal Kennel REQUEST: Conditional Use Permit (Residential Kennel) ADDRESS /DESCRIPTION: 2514 Malaga Court 9 January 9, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: DONALD JERNIGAN STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24146089970000 PRINCESS ANNE 25,617.5 square feet Less than 65 dB DNL BACKGROUND /DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a Residential Kennel. Currently, the applicant owns a total of five dogs: four Australian Shepherds and one Golden Retriever. The applicant is an award winning breeder, having bred three AKC Champions as well as the 7th ranked "Most Agile" Australian Shepherd in the nation. The four Australian Shepherds are show dogs and range in age from four to eight years old. The Golden Retriever is a family pet and is nine years old. The applicant's intent with breeding is to keep one dog and sell the remaining. Besides the five dogs associated with this Conditional Use Permit, the applicant occasionally boards an additional dog for one or two nights. For these reasons, the applicant is requesting a Conditional Use Permit to allow six dogs. The subject site is located on the bulb of a cul-de-sac in a residential neighborhood. The site is bound on three sides by residential lots similar in size and character. To the southeast bordering the rear lot line, is a Citgo Gas Station, Junior Mart, and Lago Mar Pizza. Situated in the center of the lot is a detached home with a footprint that is approximately 2,500 square feet. Behind the house along the rear fence is a 12' x 16' tool shed and a 10' x 12' dog shed. Using fencing, the applicant has divided the backyard into three sections to keep the dogs separated and limit their disturbance to adjacent properties during their time outside. Each fenced-off area allows the dogs to access an indoor area of either the dwelling or a 10' x 12' dog shed located along the rear lot line. In addition to separating the dogs, the applicant has also DONALID JERNIGAN Agenda Item 9 Page 1 fenced off a buffer area 20 feet deep which extends along the northeastern side lot line from the front fence to the rear fence. This area is to keep the dogs from "running the fence" with the pets of the adjacent property owner, lowering the amount of disturbance to neighbors. The applicant plans on reorganizing the fencing to include a five to eight foot buffer along the southwestern side lot line, extending from the front fence to the rear fence, to protect landscaping and further control any disturbance to neighbors. The applicant works Thursday, Friday, and Saturday. On these days, the dogs are left outside during the day until the applicant returns home. Sunday through Wednesday, when the applicant is home, the dogs are only outside for a portion of the day relative to the applicant's schedule. All five of the dogs are kept inside over night. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family residential dwelling SURROUNDING LAND North: . Single-Family Residential / R-15 USE AND ZONING: South: • Single-Family Residential • Citgo Fueling Station and Convenience Mart / B-2 Community Business District East: Single-Family Residential / R-15 West: Single-Family Residential / R-15 NATURAL RESOURCE AND The lot is typical of the pattern generally found in a suburban CULTURAL FEATURES: neighborhood. The approximately half-acre site is flat and grassy with mature deciduous trees and planted landscaping. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. IMPACT ON CITY SERVICES Based on comments from City agencies pertaining to this request, there is no direct impact on City services as a result of the applicant's proposal. EVALUATION AND RECOMMENDATION The applicant has a total of five dogs and is requesting a Conditional Use Permit to allow for a maximum of six. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel when more than DONALD JERNIAN Agenda Item 9 Page 2 four dogs over six months of age are kept on a parcel as pets or for hunting, exhibiting, or for dog shows. The applicant has bred two litters in the past and may desire to breed again. In addition to the five dogs he owns, the applicant also temporarily boards dogs owned by others from time to time for up to two nights. The subject dogs are primarily show dogs. Currently, the dogs are left outside during the day while the applicant is away from home. In this regard, staff has received opposition due to the amount of barking experienced throughout the day and evening. 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 unless the animals are kept in soundproof, air-conditioned buildings. At its widest, the site is 210 feet wide. This does not allow adequate space for the dogs to be kept outside in accordance with Section 223 of the Zoning Ordinance; therefore, staff has included a condition requiring that the dogs be kept within a soundproof air-conditioned building. The applicant is aware of this condition, and has expressed his intention of converting his two sheds to meet this condition. Staff recommends approval of this request subject to the conditions below. CONDITIONS 1. Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to six dogs. At such time as any of the dogs covered by this Use Permit die, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). Notwithstanding however, the applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs are current with regard to all required vaccinations and immunizations and are properly licensed through the City of Virginia Beach. 3. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof and air-conditioned building. Structural accommodations to meet compliance with this condition shall be completed within six months of City Council approval. 4. All dogs, when outside of the home, shall remain within the fenced-in areas, be supervised at all times, and shall not be a nuisance to any other property owners or residents. 5. The existing fences shall be maintained in good condition. 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 ofPlanning /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 contacf 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. DONALD JERNIGAN `Agenda Item 9 Page 3 ~q;;. j -;r ,. re. r ~~ •-~ , '~ ~~A~ ~~ ~ ~ ~®~~ AERIAL OF SITE LOCATION r-T~ i~~ PM (~ MALAGA COURT so' rvoT>_s: TICS PITOPEITTY APPEApS Tp ~Ml N noao ZaME X AS 9.OrN OY TJf NAAOI.tL 8000 pROQtAY YAP Fdt THE CTh O~ ~~ pE~ COPY. YQ SISS31- QQ~ F QATT~ 1_2/5!96---`- eASC noon cT sv lOI1EST noon ETEV. -----_ i ~~ / ~.~' ~ ~ / .~~ ~2~ O~ ti ~ ? ~ J~ h i ,- •, , ~t,A~ bUF+~VEY 4F Lor 1~, t.nc~alr~a, sECnoN aNE w-H.~6. P.TS VIRGIMA BEACH VIRGINIA DONALD R. JERIVIGgN~. ~ dr SHARON R, n~Tr --. DE~Mr?15 J. GERMTTZ, P~ C. ~y 2232 bM2dN1A BEApt BOUL~YARp, SUITE f07 NRGINUI ~A~• VI(i(iT~NA 21454 PROPOSED SITE PLAN ~f ZONING HISTORY # DATE REQUEST ACTION 1 11/28/95 Rezonin B-2 to R-15 A roved 2 06/25/96 CUP Gas Station with Convenience Store Approved DISCLOSURE STATEMENT APPLICANT DISCLOSURE tf 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: (A(fech list if necessary) Donald Jernigan 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check hererf the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8, See next page for foofiotes Does an official or ep]Djoyee ofCity 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 Permil Application Page 9 of 10 Revised 7/38007 O ~--~ a ~-+ ~--~ W W cn r`~- Z V DISCLOSURE STATEMENT DONALD JERNIGAN Agenda Item 9 Page 7 O ~~ 0 ~~ ~~~ A DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, acxounting services, and legal services: (Attach list if necessary) _~ode t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. s °Affiliated business entiiy relationship" means °a relationship, other than parent- subsidiaryrelationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject 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 PI ing to photograph and view the site purposes of proce'sisi~ng and/ a/valuating this application. /G~.d !d n , .~tIZN { r~~ SIZ e..nr..~..r~ Sinner},vo Print Name T-T Property Owner's Signature (rf different than applicant) Print Name Conditional Use Permit Application Page 1 D of 10 Revised 7!3/2007 DISCLOSURE STATEMENT DONALD JERNICAN Agenda Item 9 Page 8 Item #9 Donald Jernigan Conditional Use Permit 2514 Malaga Court District 7 Princess Anne January 9, 2013 CONSENT An application of Donald Jernigan for a Conditional Use Permit (Residential Kennel) on property located at 2514 Malaga Court, District, Princess Anne. GPIN: 24146089970000 Unless otherwise limited by Animal Control this Conditional Use permit shall be limited to six dogs At such time as any of the dogs covered by this Use Permit die, no other dog(s) of any kind gender age or breed shall be permitted on the property to replace the dog(s) Notwithstanding however the applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs are current with regard to all required vaccinations and immunizations and are properly licensed through the City of Virginia Beach. 3. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof and air-conditioned building. Structural accommodations to meet compliance with this condition shall be completed within six months of City Council approval. 4. All dogs when outside of the home shall remain within the fenced-in areas, be supervised at all times and shall not be a nuisance to any other property owners or residents. 5. The existing fences shall be maintained in good condition. 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 Item #9 Donald Jernigan Page 2 this site. BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON AYE 10 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE NAY 0 ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 9 by consent. The applicant Donald Jernigan appeared before the Commission. .J7 I ~ ~ .~ l~!••~. I~ J J ,~ a ~ iC/) W ~Q N ~~ ~~ ~ f . \ .Y Y _ ~y ~ ` S~ 5 ti r .___._ ~ r ~, _ -+-- I f,.~ - f; - ~ } - ~ _ , r `~ ~ . 1 1 _ _ ~ ,y- _ s _ Y -~ 'I i -- -- ...` t. - ~ .n I //1 ~ _ _ 1iy- Y f 5~ 5 _ -I 1~~ 5 _ ~ _ 5 5 Y ~5 I I ~ y~ ti ~ 1 ~ I - ---1_~ - ~~~ III ~ ~ i~.~ '~_~ ~a ~OOMHI2~ON ~-- 'I. ~s ~ , ~, yt- ~ ,J _ _ 1 _-L_ ~ ~-Jti _, __J __ ~ l ~ ~ If•, ~ S _'. L-= :_- /~ 3 L~ Ty~ _ " 1 ~ _ _ ~,II ' ~~, i~ 11 ~~ti ,: I II i Q a U m .^.J y 04 (~ N ~~ a4 ~o O O U ;;,, A ~ O ~~ y N /C, w v/ 4 1~ ~'sy ~_ !Y~ 4 J'~ 4i.., ~ ,~~w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LORRAINE BRYANT (Applicant & Owner), Conditional Use Permit for a Child Daycare. 901 Meadowood Drive (GPIN 1486614663). ROSE HALL DISTRICT. MEETING DATE: February 26, 2013 ^ Background: The applicant requests a Conditional Use Permit to allow the continued use of the site as an in-home day care. The applicant is licensed by the DSS to care for up to 12 children. In addition to the applicant, there is one full-time assistant that helps care for the children, as well as the applicant's daughter who resides at the subject residence. The applicant became aware of the requirement for a Conditional Use Permit at a recent licensing meeting with the Department of Social Services (DSS). The Department of Social Services is responsible for ensuring the quality of the care provided to the children. A `family day home' is subject to licensure when nine to twelve children, exclusive of the provider's own children and any children who reside in the home, are provided care at any one time. ^ Considerations: The child day-care is located on the corner of Stoneshore Road and Meadowood Drive. The site is 8,451 square feet in size. The detached single-family dwelling is situated at an angle in the center of the site with a driveway access off of Stoneshore Road. Enclosing the back and side yard adjacent to Stoneshore Road is a six-foot tall wooden privacy fence. The backyard is flat and grassy with minimal landscaping. A play area for the children is bordered by a stone walkway that leads from the fence to the day-care room, a 19' x 25' addition to the back of the home. Hours of operation are Monday through Friday, 7:00 a.m. to 6:00 p.m. Drop-off and pick-up are staggered throughout the day due to the variation of the parents' schedules. Children begin to arrive at 7:00 a.m. and continue arriving every half- hour orfifteen minutes until the last two children arrive just after 9:00 a.m. Pick- up is more gradually dispersed throughout the evening; the first parents to pick- up arrive at 3:30 p.m. and the last pick-up must be made before 6:00 p.m. The children are dropped-off and picked-upon the south edge of Stoneshore Road adjacent to the applicant's residence. Children walk from the car through an entrance in the privacy fence to enter directly into the play area in the back yard and access the day-care room located at the back of the house. Lorraine Bryant Page 2 of 3 Staff received comments from residents in the area regarding the amount of cars at the intersection of Meadowood Drive and Stoneshore Road. Accordingly, the number of automobiles arriving, parking, and departing on Stoneshore Road is an issue that the applicant must address, and staff is recommending Condition 3 to address the issue. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking-up or dropping-off children are parked on the applicant's front driveway or along the curb of Stoneshore Road adjacent to the applicant's yard. 4. The applicant shall keep vehicles specifically associated with the home occupation business parked in the driveway. 5. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 6. No more than one (1) person living outside of the home, other than the applicant, shall be employed by the home daycare. 7. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. Lorraine Bryant Page3of3 ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ L~'''~, ~ c"V ROSE MALL ~lun C-9 1 nrroina Rrr~nf M1~.v Nc!!n Scaf~ ~_~ I arv ~ ~ ~~ ~ mu~, I - ai r ~uu ~ a p~ ~ - - ~ ' ~ll ~ 1. ~" ~ ~ ~~ f#N ~ 1 w~rl- ~ ~ ~ t ~ ~" _ `! ~„ ~ i' I ~~ ~ ~ ~~ } l~^~; ~ { 1 `~ ~ ~ . ~ ~i~li Y ~ ; , , I~ ~ a o ,) o ~ ~ , ~ ~ , ~~ ~~ ~ ~~ ; ~ ~ ~ " ' ~~ -.~ ~ l a ~ ~ ~~ ~ I I ~ ~ ~~= , ~` r .~ ~ ~ ;, r .. ~ - ~ ~- I ~ ~ ~~ , ~ l ~ ~~ ~ __ - ~ a , ~ , . a _ ~ ~ i ; ~ ~ ~ ~, 1 -Pp z ~ ~~;- ' Zo+iry ~riM CrMiYom PMMa, ~ spx. ~.en,eoo. e.vava n..n.y. CUP for Day Care 10 January 9, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: LO RRAI N E BRYANT STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Family Child Daycare Home) ADDRESS /DESCRIPTION: 901 Meadowood Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14866146630000 ROSE HALL 8,451 square feet 65-70 dB DNL BACKGROUND /DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow the continued use of the site as an in-home day care. The applicant became aware of the requirement for a Conditional Use Permit at a recent licensing meeting with the Department of Social Services (DSS). The applicant, Lorraine Bryant, has been licensed by DSS and providing the day-care service under the business name, "Comfort Zone" since August 1, 2000. Comfort Zone has been located at the subject location since its opening. The applicant is licensed by the DSS to care for up to 12 children. In addition to the applicant, there is one full-time assistant that helps care for the children, as well as the applicant's daughter who resides at the subject residence. The child day-care is located on the corner of Stoneshore Road and Meadowood Drive. The site is 8,451 square feet in size. The detached single-family dwelling is situated at an angle in the center of the site with a driveway access off of Stoneshore Road. Enclosing the back and side yard adjacent to Stoneshore Road is a six-foot tall wooden privacy fence. The backyard is flat and grassy with minimal landscaping. A play area for the children is bordered by a stone walkway that leads from the fence to the day-care room, a 19' x 25' addition to the back of the home. LORRAINE BRYANT Agenda Item 10 Page 1 Hours of operation are Monday through Friday, 7:00 a.m. to 6:00 p.m. Drop-off and pick-up are staggered throughout the day due to the variation of the parents' schedules. Children begin to arrive at 7:00 a.m. and continue arriving every half-hour or fifteen minutes until the last two children arrive just after 9:00 a.m. Pick-up is more gradually dispersed throughout the evening; the first parents to pick-up arrive at 3:30 p.m. and the last pick-up must be made before 6:00 p.m. The children are dropped-off and picked-up on the south edge of Stoneshore Road adjacent to the applicant's residence. Children walk from the car through an entrance in the privacy fence to enter directly into the play area in the back yard and access the day- care room located at the back of the house. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: Single-Family Residential / PD-H1 Planned Development USE AND ZONING: Districts • Stoneshore Road South: . Single-Family Residential / PD-H1 Planned Development Districts East: Single-Family Residential / PD-H1 Planned Development Districts • Meadowood Drive West: Single-Family Residential / PD-H1 Planned Development Districts NATURAL RESOURCE AND The site is flat and grassy with a mature deciduous tree in the front yard. CULTURAL FEATURES: At the corner of the garage and near the south lot line are a group of hedges about eight feet in height. COMPREHENSIVE PLAN: The subject site is located within the Suburban Area, as designated by the Comprehensive Plan. The guiding principles of Suburban Areas are to preserve neighborhood quality; create and protect open spaces; and connect suburban mobility IMPACT ON CITY SERVICES Based on comments from City agencies pertaining to this request, there is no direct impact on City services as a result of the applicant's proposal. LORRAINE BRYANT Agenda Item 10 Page. 2 EVALUATION AND RECOMMENDATION The applicant is requesting a Conditional Use Permit for a Family Child Daycare Home as a home occupation. The applicant, unaware of the need for the required Conditional Use Permit, has been operating as a Daycare Home and caring for 12 children since 2000. Staff finds that the continuation of this use under a Conditional Use Permit is acceptable for the subject site with conditions. Opposition to this application has been received regarding the amount of cars at the intersection of Meadowood Drive and Stoneshore Road. Accordingly, the number of automobiles arriving, parking, and departing, on Stoneshore Road is an issue that the applicant must address, and staff is recommending a condition (Number 3) to address the issue. The Department of Social Services is responsible for ensuring the quality of the care provided to the children. A `family day home' is subject to licensure when nine to twelve children, exclusive of the provider's own children and any children who reside in the home, are provided care at any one time. Approval of the application is recommended subject to the following conditions. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking-up or dropping-off children are parked on the applicant's front driveway or along the curb of Stoneshore Road adjacent to the applicant's yard. 4. The applicant shall keep vehicles specifically associated with the home occupation business parked in the driveway. 5. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 6. No more than one (1) person living outside of the home, other than the applicant, shall be employed by the home daycare. 7. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. LORRAfNE BRYANT Agenda Item 10 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. LORRAINE BRYANT Agenda Item 10 Rage 4 AERIAL OF SITE LOCATION TH/S /S TO CERT/FY THAT ON T-2/-OO / SURVEYED THE PROPERTY SHOWN ON TH/S PLAT, ,4N0; TIlAT THE TJTLE L1NES ANO THE WALLS OF THE BUILDING(S) ARE SHOWN ON TH/S ?LAT. THE BUILD/NG(Sl STAND STRICTL Y WITH/N THE TITLE LINES /INd THERE ARE NO cNCROACHtHENT OF OTHER BUJLD/NG(Si ON THE PROPERTY EXCEPT AS SHOIVN. TIICfOTHY t61. FALCON LJC~J659 1~ / PIN (F) P/N !FI ~EADOW~4D OR/V~ (5Q` R/bY~ ~~rJ n v~T~}~ SU O 4 d .~ i; } ~~ PIN (F) zs .~' eo_oo' i No TE ; ~ o rJ T ¢-tiC--TO Z T'~1 vG12tFY iDt.+~Ew-stoil5 Tt-tA7 AODiTro~l 00~' PROPOSED SITE PLAN ZONING HISTORY # DATE REQUEST ACTION 1 08/19/1988 Land Use Plan Residential Subdivision A roved 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) Lorraine Bryant 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. H 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 i/necessary) heck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or efppJoyee of ~n~,}c~Iy 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? Condrtionel Use Permit Application Page g of 10 Revised 7132007 O W a W cn O I-~ O V DISCLOSURE STATEMENT LORRAINE BRYANT .Agenda Item 10 Page 8 ~y V_ i~y w z 0 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of 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 corporabon directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporetion.° See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship° means "a relationship, other than parent- subsidiaryrelationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) ~ 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 empbyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities ° See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is we 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 properly 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,t~he ~site~for purposes of processin1g~arnd~/e~v~anlujat~ing this application. rid-d1-~- f'+'~+s'1'+=__~~~~ pplicant's Signature Print Name Property Owner's Signature ('rf different than applicant) Print Name Condriional Use Permit Applicatbn Pegs 10 of 10 Revised 7/32007 DISCLOSURE STATEMENT LORRAINE BRYANT .Agenda Item 10 Page 9 Item #10 Lorraine Bryant Conditional Use Permit 901 Meadowood Drive District 3 Rose Hall January 9, 2013 CONSENT An application of Lorraine Bryant for a Conditional Use Permit (Family Child Daycare Home) on property located at 901 Meadowood Drive, District 3, Rose Hall. GPIN: 14866146630000. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking-up or dropping-off children are parked on the applicant's front driveway or along the curb of Stoneshore Road adjacent to the applicant's yard. 4. The applicant shall keep vehicles specifically associated with the home occupation business parked in the driveway. 5. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 6. No more than one (1) person living outside of the home, other than the applicant, shall be employed by the home daycare. 7. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. Item #10 Lorraine Bryant Page 2 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS ABS 0 ABSENT 1 ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 10 by consent. The applicant Lorraine Bryant appeared before the Commission. I I c W r ~ ~ R v,r y a ~' ~, H ~ ~ ~_ ; ~ 0 4 ~; ~~ w4 V a ,~ U ;,, C 3`0 ~Q N C h ~~.~~ ~;q..~,~..:,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCDONALD GARDEN MARKET, LLC (Applicant) / MAUREEN GANNON for SEARS ROEBUCK (Owner), Conditional Use Permit for an Open Air Market. 4554 Virginia Beach Boulevard (Sears at Pembroke Mall). (GPIN 1477562034). BAYSIDE DISTRICT. MEETING DATE: February 26, 2013 ^ Background: The applicant, McDonald Garden Market requests a Conditional Use Permit for a Seasonal Open Air Market that will sell lawn and garden plants and supplies. The market will be located within the parking lot of the Sears at Pembroke Mall, where it operated during 2012. The operation of the market in 2012 occurred with a Peddlers Permit, as provided for by Chapter 26 of the City Code; however, the applicant was informed that continued use of the site in the future would require a Conditional Use Permit. Thus, approval of this Use Permit will allow the applicant to conduct seasonal sales at this site each year. The applicant has submitted this Use Permit request for an Open Air Market (Seasonal Garden Center) simultaneous with two other applications for the same use at different sites: Providence Square Shopping Center and Hilltop East. ^ Considerations: As shown by the site plan, the market will occupy an area of the parking lot southwest of the Sears department store. While the Sears store is connected to Pembroke Mall, it is located on a parcel that it owns. The market will be open daily every year from March 1 through July 31 between the hours of 8:00 a.m. and 8:00 p.m. The market will sell a variety of plants, garden supply items, garden accents, outdoor furniture, and related accessories. The market is staffed by two to four employees at any one time. Based on data from previous years at this location and other locations operated by the applicant, the market will generate twenty to thirty customers a day. The existing parking of the shopping center will be used to accommodate customers. The submitted site plan shows the layout of the buildings and parking areas of the shopping center, with the market occupying an 11,0 square-foot area at the center of the site. The perimeter enclosure of the market primarily consists of a weather-proof fabric barrier attached to poles that are anchored to the surface of the parking lot. A portion of the perimeter is enclosed by a low split-rail fence. There is a portable sales kiosk, four 20-foot by 20-foot (20'x20') canopies, a storage shed, and an entrance-exit shade structure. All of the structures are designed to be removed at the end of the season. Arrangements for power, McDonald Garden Market, LLC/Sears of Pembroke Page 2 of 3 water, and employee restroom use have been made with the property owner and approved by the relevant City departments. The Conditional Use Permit standards for Open Air Markets (Section 239.03) require that parking for the market be provided meeting the requirements of Section 203; therefore, based on the square feet of area being used for the market, 44 spaces are required. The footprint of the area where the market is located will remove 55 of the total number of available parking spaces. Those 55 spaces combined with the required 44 spaces results in total of 99 spaces, which does not impact the number required for the Sears. The parking lot for Sears has far in excess of what the Zoning Ordinance now requires for retail sales; in fact, there are portions of the parking lot that are no longer marked for parking spaces since they are so rarely used. The proposed Open Air Market will be located on one of those unmarked areas. In sum, ample parking is capable of being provided simultaneously for both the existing store as well as the seasonal market. The overall design of this market, the Hilltop East market, and the Providence Square market vary from site to site dependent on the existing structures on the site and available space; however, every site uses a combination of the same components: a shade structure; shed; low-height split-rail fencing; and wire fencing with vinyl mesh. The applicant has reports from two Professional Engineers regarding the safety of the shade structure and the shed structure. Staff has recommended Conditions 4 and 5 as part of this Use Permit to ensure compliance with safety recommendations. Each of the garden markets, including this one, has a signage package that consists primarily of images on vinyl mesh. signage varies from location to location based on the amount of perimeter fencing bordering the market. Condition 3, below, specifies the type and location of permitted signage. 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 9-0, to recommend approval of this request to the City Council with the following conditions: 1. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 55 parking spaces. 2. This Use Permit allows for operation of the market each year from March 1 through July 31 between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. McDonald Garden Market, LLC/Sears of Pembroke Page3of3 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlA ency: Planning Department City Manager: S BAYSIDE 1\la~ e e ~ r MCLOIIiIIU l.~ilrQCil 1Vldl'KCI, LLl- ~ ~` 1 I ~~ =~ , ~ i ~ r ~ f q l~' - ' - ~ ' 83 ~ Il y^ ~ ~ ~ .. r-:~ ~ .~ ,t C p I J ,. •'{embroke Shopping ~-' m I - Genter ~ ,~ __ I o w B3 ~3 SRE ~~~ ~] ~ _ B3 ~. I . . ., _ .. _ _ ~ VIRGINIA BEACH BLVD _ _. ., i ~, ~. _. B3 ~ ! _, , i33 ~i i ~.~ " 83A' ~ ~ ~. ~ ~ ~ ' ~ag B3A' ~ Ei37M1" __ 3i4' ~ ~3a 3'/q. ~ ~ _ I ~,. •ZO""' "ti' Ceidi"°"°'°"N"'• °pi y.~. v°oma°b. o.FfYl~r a..rr. CUP for Seasonal Garden Market REQUEST: Conditional Use Permit (Seasonal Garden Market) ADDRESS /DESCRIPTION: 4554 Virginia Beach Blvd ~~ February 13, 2013 Public Hearing APPLICANT: MCDONALD GARDEN MARKET, LLC PROPERTY OWNER: SEARS AND ROEBUCK STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SIZE OF MARKET AREA: AICUZ: 14774673210000 BAYSIDE 11,000 square feet Less than 65 dB DNL BACKGROUND /DETAILS OF PROPOSAL The applicant, McDonald Garden Market requests a Conditional Use Permit to allow use of the site as an Open Air Market (Seasonal Garden Sales). The market is open daily from March 1SI, 2013 through July 31SI, 2013, between the hours of 8:00 a.m. to 8:00 p.m. McDonald Garden Centers sell a variety of plants, and gardening furniture and accessories. The seasonal markets are staffed by one to four employees at a time and typically generate twenty to thirty customers a day. The existing parking of the shopping center will be used to accommodate the customers. As shown by the site plan, the applicant proposes to occupy an 11,000 square foot area in the parking lot southwest of the Sears department store. While the Sears store is connected to Pembroke Mall, it is located on a parcel that it owns. This portion of the parking lot has always been one of the less utilized sections for parking. The market area is bordered by wire fencing with vinyl mesh on the exterior as well as low-height split-rail fence. There will be four shade structures, an entrance/exit structure, and a check- out structure. The footprint of the area where the market is located will remove 55 of the total number of parking spaces from being available. The parking lot for Sears has far in excess of what the Zoning Ordinance now requires for retail sales; in fact, there are portions of the parking lot that are no longer stripped since they are so rarely used. The proposed Open Air Market will be located on one of those areas. The Zoning Ordinance, however, requires an Open Air Market to meet the parking requirements of Section 203; thus, 44 spaces are required. Those 44 spaces combined with 55 spaces taken by the MCDONALD GARDEN MARKET, LLC /Sears at Pembroke Agenda Item 22 Page 1 footprint results 99 spaces, which does not impact the number needed for the Sears. In sum, ample parking is capable of being provided simultaneously for both the existing store as well as the seasonal market. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Parking lot SURROUNDING LAND North: Parking spaces for the Sears Department Store / B-3 Central USE AND ZONING: Business District South: . Parking spaces for the Sears Department Store / B-3 Central Business District East: Parking spaces for the Sears Department Store / B-3 Central Business District West: . Parking spaces for the Sears Department Store / B-3 Central Business District • Independence Boulevard NATURAL RESOURCE AND The site is paved with impervious asphalt. There are no known CULTURAL FEATURES: significant natural or cultural resources associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Urban Area - Pembroke Strategic Growth Area 4 (Pembroke SGA 4). The Pembroke SGA 4 Implementation Plan further identifies this area as the Central Business District/Core Area, the most densely developed and intensely occupied area within the SGA. The Central Business District/Core Area is envisioned as the main business, cultural, and arts center of the Pembroke SGA 4. The concept proposes a highly structured urban development framework that concentrates high density, commercial development in the central area and provides for decreasing land use densities as development moves away from the core (p. 27). The addition of an open air market for the sale of lawn and garden items on a seasonal basis is consistent with the plan, as the market is located within the parking lot of the existing Sears department store and is, as noted with the submitted application, a temporary, seasonal use. IMPACT ON CITY SERVICES Based on comments received by City agencies, there will be no significant impacts to City services as a result of the use as proposed. MCDONALD GARDEN MARKET, LLC /Sears at Pembroke Agenda Item 22 Page 2 EVALUATION AND RECOMMENDATION The applicant has submitted this Use Permit request for an Open Air Market (Seasonal Garden Center) simultaneous with two other applications for the same use at different sites: Providence Square Shopping center and Hilltop East Shopping Center. In 2012, the applicant operated with a Peddlers Permit, as provided for by Chapter 26 of the City Code; however, the applicant was informed that future use of the sites in the future would require a Conditional Use Permit. Each market's physical form varies from site to site dependent on the existing structures on the site and available space; however, every site uses a combination of the same components: a shade structure; shed; low-height split-rail fencing; and wire fencing with vinyl mesh. The applicant has reports from two Professional Engineers regarding the safety of the shade structure and the shed structure. Staff has recommended Conditions 4 and 5 as part of this Use Permit to ensure compliance with safety recommendations. Each of the garden markets, including this one, has a signage package that consists primarily of images on vinyl mesh. signage varies from location to location based on the amount of perimeter fencing bordering the market. Condition 3, below, specifies the type and location of permitted signage. Staff finds that a seasonal garden market is a complementary and compatible use with the surrounding retail center. The use is also consistent with the recommendations of the Comprehensive Plan, as it entails the temporary infill of a developed site, uses quality structural materials and attractive displays, provides pedestrian accessibility, and has limited environmental impacts. Staff, therefore, recommends approval of this request for a Conditional Use Permit for an Open Air Market, subject to the conditions below. CONDITIONS 1. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 55 parking spaces. 2. The applicant shall only operate at this location from March 15~, 2013 through July 315, 2013, between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. MCDONALD GARDEN MARKET, LLC /Sears at Pembroke 4genda Item 22 Page 3 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 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 Cenfer 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. MCDONALD GARDEN MARKET, LLC /Sears at Pembt~ke Agenda (tern 22 Page 4 AERIAL OF SITE LOCATION MCDONALD GARDEN MARKET, LLC / S Page 5 r `' A Y k ~t t` J ~~ ~ _~~C_C.J"~aA"~~' i I . I ------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------ -------------------------------------------------------------1L1RGlIiI]2f=8~A~}3gLV17 -------- ------------------------------------------------------------ - ~~II I +~I I i I~ ~' ~ ---------------------------- m m m N ~ MCDONALD GARDEN MARKET at 7~~,,TT PEMBROKE MALL -SEARS LAY II 4554 Virginia Beach Boulevard ,' 1 SCALE: 1" = 100' II MARKET: r k DATE 07 OCTOBER, 2012 T- SITE LAYOUT I A • B~A~~ ~;,, ; cy ~. ...:. T MCDONALD GARDEN MARKET, LLC / S Page 6 ~~ ' s ' i ~-~•_~ _ _ - ~-.~~ ~ < <I ~ ~I *. ~; ,~g ~a ~~, ;s PHOTOGRAPH OF FACILITY DURING 2012 SEASON MCDONALD GARDEN MARKET, LLC /Sears at Pembr 'r oke Agenda Item 22 ~~, Pag e 7 ~ FENCING AND ENCLOSURE •~-~~~-~~; ~ aL%t. ~„:~::,x... T MCDONALD GARDEN MARKET, LLC / Page 8 z z, , ~-., ~ L ~. ~. - - -~ ~~ O_ a a h yP .P ;: ,W ~~ V •J ~J a0 ~ 0 i1~ 1 .y `A v ,~ `o ~~ ~~ ~ U {~ i ~v . A~ t P _~ P yR~ ~~ S ~ V ~ ~ l ~;^qq ~~~yp ~\~"~0'~ 5 7r V~F~_ yz~ ~~ 3nb 6 FENCING AND SIGNAGE MCDONALD GARDEN MARKET, LLC / P 9 age ~, ' ~ . ^ x r ~'rr ~~M ~3 ~J t_ ~ -..-__, ~ ~ --~-; _----~: PROPOSED SHED ~~,,.. ,,c.~ ~1 ~ MCDONALD GARDEN MARKET, LLC / genda Item 22 ' ~~ 'I Page 10 _ ~! j ~ ~ ~ l . 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) McDonald Garden Market, LLC: Members: E. Mark Anderson 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) McDonald Nurseries, Inc. McDonald Nurseries of Virginia Beach, Inc. McDonald Nurseries of Denbigh Inc and Chesapeake Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER D{SCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sears Roebuck & Co. 2. List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & `See next page for footnotes O F~~ ~~ ~~ I~~ Does an official or et~pfoyee of~City of Virginia Beach have an interest in the subject land? Yes ~ No / If yes, what is the name of the official or employee and the nature of their interest? Conditional Usa Permit Application Page 9 of 1 D Revised 7/3r1007 DISCLOSURE STATEMENT MCDONALD GARDEN MARKET, LLC /Sears at Pembroke :Agenda Item 22 Page 11 0 a F--~ z O F--~ z 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, meal estate services, financial services, accounting services, and legal services: (Attach list if necessary) Applicant Only D ' "Parent-subsidiary relationship" means °a relationship tha# exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship° means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a 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 pri eduled public hearing according to the instructions in this package. The undersign so consentev~e su ' ct property by employees of the Department of Planni o~fogr~h i e site for pur es of processing and evaluating this application. Mark Anderson Print Name Maureen Gannon (N different an applipnt) Print Name CondiUOnal Use Pernik Appiiwtion Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT MCDONALD GARDEN MARKET, LLC /Sears at Pembroke Agenda Item 22 Page 12 Item #22 McDonald Garden Market, L.L.C. Conditional Use Permit 4554 Virginia Beach Boulevard District 4 Bayside February 13, 2013 CONSENT An application of McDonald Garden Market, L.L.C. for a Conditional Use Permit (Seasonal Garden Market) on property located at 4554 Virginia Beach Boulevard, District 4, Bayside. GPIN: 14774673210000. CONDITIONS ~. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 55 parking spaces. 2. The applicant shall only operate at this location from March 1St, 2013 through July 31St 2013, between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. s. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. Item #22 McDonald Garden Market, L.L.C. Page 2 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including (hose 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. AYE 9 NAY 0 ABS 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 22 for consent. a a A~ +\ C I ^`^ r I ~~ ~ '~ ~ ~~ i v R ii +1 J i ~~ ~- ,~ +~ J 1 r p {,, t -~ i _ r r'1 ~_ -~ ~_:_ -~ -~_ ~~ , Z W 'Q _ ~° Z~ Z ~ J~ ~~ !~ ~`~~ i~J' ~ ~l (3 ~;'~`ti Q ~, ~ ~~ }"` ~ r.. }5 ~. ~, ~, ~J ~ ~ ~~ # ~- r ,,~1 i --~ tt '' ~ ~ 1rr ~ ~~ r ~ _ __- -- 4 ~ r"~5 _. ,. f ~~~ .k \~~`~,~ Q \~. ~ f-_~ a V J "'eel, w~'k.'."..,.ye~ ~`: s~i f ~ ~~,~~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCDONALD GARDEN MARKET, LLC (Applicant) /DEAN S. POTTER (Owner), Conditional Use Permit for an Open Air Market. 1550 Laskin Road (GPIN 2407996644). LYNNHAVEN DISTRICT. MEETING DATE: February 26, 2013 ^ Background: The applicant, McDonald Garden Market requests a Conditional Use Permit for a Seasonal Open Air Market that will sell lawn and garden plants and supplies. The market will be located within the parking lot of the Hilltop East Shopping Center, where it operated during 2012. The operation of the market in 2012 occurred with a Peddlers Permit, as provided for by Chapter 26 of the City Code; however, the applicant was informed that continued use of the site in the future would require a Conditional Use Permit. Thus, approval of this Use Permit will allow the applicant to conduct seasonal sales at this site each year. The applicant has submitted this Use Permit request for an Open Air Market (Seasonal Garden Center) simultaneous with two other applications for the same use at different sites: Providence Square Shopping center and Sears at Pembroke Mall. ^ Considerations: The market will occupy an area of the parking lot centrally located in the parking lot. The market will be open daily every year from March 1 through July 31 between the hours of 8:00 a.m. and 8:00 p.m. The market will sell a variety of plants, garden supply items, garden accents, outdoor furniture, and related accessories. The market is staffed by two to four employees at any one time. Based on data from previous years at this location and other locations operated by the applicant, the market will generate twenty to thirty customers a day. The existing parking of the shopping center will be used to accommodate customers. The submitted site plan shows the layout of the buildings and parking areas of the shopping center, with the market occupying an 11,232 square-foot area at the center of the site. The perimeter enclosure of the market primarily consists of a weather-proof fabric barrier attached to poles that are anchored to the surface of the parking lot. A portion of the perimeter is enclosed by a low split-rail fence. There is a portable sales kiosk, four 20-foot by 20-foot (20'x20') canopies, a storage shed, and an entrance-exit shade structure. All of the structures are designed to be removed at the end of the season. Arrangements for power, water, and employee restroom use have been made with the property owner and approved by the relevant City departments. McDonald Garden Market, LLC (Hilltop East) Page 2 of 3 The Conditional Use Permit standards for Open Air Markets (Section 239.03) require that parking for the market be provided meeting the requirements of Section 203. Accordingly, the market is required to provide 45 spaces. The Hilltop East Shopping Center has 695 parking spaces on the property. Based on the shopping center requirements in Section 203(a)(33), a shopping center containing at least one acre or having more than four tenants (Hilltop East satisfies both) must provide one parking space per 250 square feet of floor area. The shopping center, therefore, is required to have 496 parking spaces, which results in a `surplus' of 199 parking spaces. The McDonald Garden Market will occupy 52 parking spaces. The combination of the 52 parking spaces encumbered by the location of the market and the 45 spaces required for the market itself results in 97 spaces. Since there is a current `surplus' of 199 spaces, sufficient parking is available. The overall design of this market, the Sears (Pembroke Mall) market, and the Providence Square market vary from site to site dependent on the existing structures on the site and available space; however, every site uses a combination of the same components: a shade structure; shed; low-height split- rail fencing; and wire fencing with vinyl mesh. The applicant has reports from two Professional Engineers regarding the safety of the shade structure and the shed structure. Staff has recommended Conditions 4 and 5 as part of this Use Permit to ensure compliance with safety recommendations. Each of the garden markets, including this one, has a signage package that consists primarily of images on vinyl mesh. signage varies from location to location based on the amount of perimeter fencing bordering the market. Condition 3, below, specifies the type and location of permitted signage. 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 9-0, to recommend approval of this request to the City Council with the following conditions: 1. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 52 parking spaces. 2. This Use Permit allows for operation of the market each year from March 1 through July 31 between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. McDonald Garden Market, LLC (Hilltop East) Page 3 of 3 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. ^ 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: b ~L- , LYNNHAVEN ' "' ^'O 1VlCLUIId111 VAIi1C11 lrl /11 NC1~ LLI. ~, "1" - ~, ~ r ~ ~,~` ,.~ `~ s~, R3fl ~ - ;. „.~_ ,: . ~, L ~~ ;..,. a~ ~ , .~ Bz ~ .. s,~~ ,.,~ ~ ~: .' ~ , ., " ~~' r~ ~~~ ~ •- - .. "~ ~ l , ~ ~ 5~ ~ . 1 g~ ~ ~~ , , w ~ ~ ~t, A -lA3KIN ROAD ~Nv ~~ ~, ,i ~ C Y ~-~ ' ~~~ ~ i -i~ i~ ~ ~ ~~ A 2 4, 1 ~ ~~1'~"- . •z.M~~.~u co.dn~~ v~.ao, oP.. yxe Pro~~.rw. or Pbf~1 Ovr r4Y~ CIIP for Seasonal Garden Market 23 February 13, 2013 Public Hearing APPLICANT: MCDONALD GARDEN MARKET, LLC PROPERTY OWNER: DEAN S. POTTER STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit (Open Air Market -Seasonal Garden Sales) ADDRESS /DESCRIPTION: 1550 Laskin Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24079966440000 LYNNHAVEN 12,000 square feet Less than 65 dB DNL BACKGROUND /DETAILS OF PROPOSAL The applicant, McDonald Garden Market requests a Conditional Use Permit for a Seasonal Open Air Market that will sell lawn and garden plants and supplies. The market will be located within the parking lot of the Hilltop East Shopping Center, where it operated during 2012. The operation of the market in 2012 occurred with a Peddlers Permit, as provided for by Chapter 26 of the City Code; however, the applicant was informed that continued use of the site in the future would require a Conditional Use Permit. The market will be open daily from March 1S'through July 315 between the hours of 8:00 a.m. and 8:00 p.m. The market will sell a variety of plants, garden supply items, garden accents, outdoor furniture, and related accessories. The market is staffed by two to four employees at any one time, and based on data from previous years at this location and other locations operated by the applicant, the market will generate twenty to thirty customers a day. The existing parking of the shopping center will be used to accommodate customers. The submitted site plan shows the layout of the buildings and parking areas of the shopping center, with the market occupying an 11,232 square-foot area at the center of the site. The perimeter enclosure of the market consists of a weather-proof fabric barrier attached to poles that are mounted to the surface of the parking lot, as well as a low split-rail fence. There is a portable sales kiosk, four 20-foot by 20-foot (20'x20') canopies, a storage shed, and an entrance-exit shade structure. All of the structures are designed to be removed at the end of the season. MCDONALD GARDEN MARKET, LLC (Hilltop East) Agenda Item 23 Page 1 The Conditional Use Permit standards for Open Air Markets (Section 239.03) require that parking for the market be provided meeting the requirements of Section 203. Accordingly, the market is required to provide 45 spaces. The Hilltop East Shopping Center has 695 parking spaces on the property. Based on the shopping center requirements in Section 203(a)(33), a shopping center containing at least one acre or having more than four tenants (Hilltop East satisfies both) must provide one parking space per 250 square feet of floor area. The shopping center, therefore, is required to have 496 parking spaces, which results in a 'surplus' of 199 parking spaces. The McDonald Garden Market will occupy 52 parking spaces. The combination of the 52 parking spaces encumbered by the location of the market and the 45 spaces required for the market itself results in 97 spaces. Since there is a current 'surplus' of 199 spaces, sufficient parking is available. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Parking spaces for the Hilltop East Shopping Center SURROUNDING LAND North: Parking spaces for the Hilltop East Shopping Center / B-2 USE AND ZONING: Community Business District South: Parking spaces for the Hilltop East Shopping Center / B-2 Community Business District East: . Parking spaces for the Hilltop East Shopping Center / B-2 Community Business District West: . Parking spaces for the Hilltop East Shopping Center / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is entirely impervious. COMPREHENSIVE PLAN: The Hilltop East Shopping Center is located in the Urban Area -Hilltop Strategic Growth Area (SGA 7) as identified by the Comprehensive Plan. The Hilltop SGA is recognized as an area primed for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort SGA, NAS Oceana, and the First Colonial Road / I-264 interchange. The Hilltop Strategic Growth Area Master Plan, which was adopted as a Comprehensive Plan amendment on August 28, 2012, provides recommendations for this SGA. The addition of an open air market for the sale of lawn and garden items on a seasonal basis is consistent with the plan, as the market is located within the existing Hilltop East Shopping Center and is, as noted with the submitted application, a temporary, seasonal use. IMPACT ON CITY SERVICES Based on comments received by City agencies, there will be no significant impacts to City services as a result of the use as proposed. MCDONALD GARDEN MARKET, LLC jHilltop East) Agenda Item 23 -Page 2 EVALUATION AND RECOMMENDATION The applicant has submitted this Use Permit request for an Open Air Market (Seasonal Garden Center) simultaneous with two other applications for the same use at different sites: Providence Square Shopping center and Sears at Pembroke Mall. In 2012, the applicant operated with a Peddlers Permit, as provided for by Chapter 26 of the City Code; however, the applicant was informed that future use of the sites in the future would require a Conditional Use Permit. Each market's physical form varies from site to site dependent on the existing structures on the site and available space; however, every site uses a combination of the same components: a shade structure; shed; low-height split-rail fencing; and wire fencing with vinyl mesh. The applicant has reports from two Professional Engineers regarding the safety of the shade structure and the shed structure. Staff has recommended Conditions 4 and 5 as part of this Use Permit to ensure compliance with safety recommendations. Each of the garden markets, including this one, has a signage package that consists primarily of images on vinyl mesh. signage varies from location to location based on the amount of perimeter fencing bordering the market. Condition 3, below, specifies the type and location of permitted signage. Staff finds that a seasonal garden market is a complementary and compatible use with the surrounding retail center. The use is also consistent with the recommendations of the Comprehensive Plan, as it entails the temporary infill of a developed site, uses quality structural materials and attractive displays, provides pedestrian accessibility, and has limited environmental impacts. Staff, therefore, recommends approval of this request for a Conditional Use Permit for an Open Air Market, subject to the conditions below. CONDITIONS 1. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 52 parking spaces. 2. The applicant shall only operate at this location from March 15~, 2013 through July 315, 2013, between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. MCDONALD GARDEN MARKET, LLC jHilltop East) Agenda Item 23 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 ofPlanning /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. MCDONALD GARDEN MARKET, LLC-:(H~Iltop East) Agenda Item 23 Page 4 ~~ rA. ~ 4~. ~~` ~~ ~ ,~ ~„ .~;- ~A tY p Ft yp AERIAL OF SITE LOCATION ~~ MCDONALD GARDEN MARKET, LLC (Hilltop East) ~~ Agenda Item 23 ~~ Page 5 ~` ~_ ~. ,, . Existing Tenent Space r l Existing Tenent Sp ce i __ _ __-_. Reduced Plan: MARKET: MCDONALD GARDEN MARKET at ~ d HILLTOP EAST SHOPPING CENTER 1550 LASKIN ROAD ,~; DATE: SCALE: 1" = 60' 07 OCTOBER 2012 SITE LAYOUT Existing Tenent Space 1! I11._IL ~I ~~ -_ _ _ _ Orawinp shows Market as h was tlisplayed M2 Placement could snip from year t4 year. ,. Any shift shall meet all setback requiremen _;~„ -_ _.~ MCDONALD GARDEN MARKET, Page 6 ~, .~ ~_ , . ,..> PHOTOGRAPH OF FACILITY IN 2012 rr'~°'~'''"~ ,~.._,~,n~R=~;'~. ~~ MCDONALD GARDEN MARKET, LLC (Hilltop East) '~,~ Agenda Item 23 ~' ~~ Page 7 ~~ ~.~ , '~ i r FENCING AND ENCLOSURE MCDONALD GARDEN MARKET, LLC (Hilltop East) ~ ~ ~ `~' Agenda Item 23 Page 8 ~ ~ ~, ~ ~.__ . ~ ----- n_ n .` n b •~ tP V C' b ~~ {~ i M ~~ / l ~ph ~ .V ' f~ iP °c 1 _. P ;t xa =.~ V V a °° b i~ ~ Y n . C'.~~, Y ~~~~s~~~ Y FENCING AND SIGNAGE ;. MCDONALD GARDEN MARKET, L i `\ V .~ I i tniniop casiJ genda Item 23 Page 9 ~~ ,~ ~. .~ ~ ~ .- o . , ~, ti I F ice:,, F ~~ r j r i ._._. PROPOSED SHED MCDONALD GARDEN MARKET, .~ ~~ '~, (Hilltop East) ~ ~ ~~ genda Item 23 '~~~a~ Page 10 ~~~ ~~ ''..~ -~_ ~ , ~I, DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) McDonald Garden Market, LLC: Members: E. Mark Anderson 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) McDonald Nurseries, Inc. McDonald Nurseries of Virginia Beach, Inc. McDonald Nurseries of Denbigh Inc and Chesapeake Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Z O .--. a w 0 Lr Does an official or e~loyee of~City of Virginia Beach have an interest in the subject land? Yes ~ No / 1"~~ If yes, what is the name of the official or employee and the nature of their interest? O Conditional Use Permit P,pplicatlon Page 9 of 10 Revised 7/3/20D7 DISCLOSURE STATEMENT MCDONALD GARDEN MARKET, LLC (Hilltpp East) Agenda Item 23 Page 11 10/99/2012 05:19 7574918433 O ~--~ c~ 6 O O V POTTER AND COMPANY PAGE 01 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wiN provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, acxourlt(ng services, and legal services: (Attach list ff necessary) Applicant Only O "Parent-subsidiary relationship" means "a relationship Utat exists when one corporation directly or indireCUy owns shares possessing maro than 50 peroent of the voting power of another Corporation' Sae State and Local Govamment 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 contrnlAng ownership interest in the other business entity, (ii} a controlling owner fi one entity is also a controlling owner in the other entity, or (iii}there is shared management or oonVol between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that fhe earns person or substantially the same person own or manage the two entities; thane are common or commingled funds or assets; the business entities share the use of the same otfloes or employees or othenMSe share activities, resources or personnel on a regular basis; or there is atherwlse a Dose working relationship between the entities 'See State and Local Government Conflict of Interests Ad. Va, Code § 2.2-3101. CERTIFIGAT1l~ht: I osrtlfy that the Infam'retion contained herein Is true and accurate. I understand that, upon n3oeipf of noUticatlon (postcard) that the application has been scheduled #or public hearing, l am responsible for obtaining and ppsting the roquired sly on the subject property at least 30 days prior to the scheduled pubik: hearing according to the ineUudions in this package. The undersigned also entry upon the subject property by empbyees of the Departmerd of Wanning to p~~~~ of procxsaing and evafuatlng this application. Mark Anderson Print Name Brock Potter Print Name ComOtlonW Use PemNt Applkapon Page 10 of 10 R,svhed 7/3/2007 DISCLOSURE STATEMENT MCDONALD GARDEN MARKET, LLC jHilltop East) Agenda Item 23 Page 12 Item #23 McDonald Garden Market, L.L.C. Conditional Use Permit 1550 Laskin Road District 5 Lynnhaven February 13, 2013 CONSENT An application of McDonald Garden Market, L.L.C for Conditional Use Permit (Open Air Market -Seasonal Garden Sales) on property located at 1551 Laskin Road, District 5, Lynnhaven. GPIN: 24079966440000. CONDITIONS ~. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 52 parking spaces. 2. The applicant shall only operate at this location from March 1St, 2013 through July 31St 2013, between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. s. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 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 ofPlanning /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 #23 McDonald Garden Market, L.L.C. Page 2 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 23 by consent. M M G k R ~~ ~/a aG ~` i O y a t~ d c oy h ~ ~ `~ ~ i (~ N w4 V /Q~~ ~ V ~~ M 0 3 `o ~~ N ~C ne,~y of ~^ ..,~ ~~ ~~ ~~1 ~:: 4~`A~~y~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCDONALD GARDEN MARKET, LLC (Applicant) /PROVIDENCE SQUARE ASSOCIATES, LLC (Owner), Conditional Use Permit for an Open Air Market. 1043 Providence Square SC (GPIN 1466538222). KEMPSVILLE DISTRICT. MEETING DATE: February 26, 2013 ^ Background: The applicant, McDonald Garden Market requests a Conditional Use Permit for a Seasonal Open Air Market that will sell lawn and garden plants and supplies. The market will be located within the parking lot of the Providence Square Shopping Center, where it operated during 2012. The operation of the market in 2012 occurred with a Peddlers Permit, as provided for by Chapter 26 of the City Code; however, the applicant was informed that continued use of the site in the future would require a Conditional Use Permit. Thus, approval of this Use Permit will allow the applicant to conduct seasonal sales at this site each year. The applicant has submitted this Use Permit request for an Open Air Market (Seasonal Garden Center) simultaneous with two other applications for the same use at different sites: Sears at Pembroke Mall and Hilltop East. ^ Considerations: As shown on the submitted site plan, the market will occupy a 9,030 square foot area in the northeast corner of the shopping center parking lot. The market is open daily from March 1St to July 31St, between the hours of 8:00 a.m. to 8:00 p.m. McDonald Garden Centers sell a variety of plants, and gardening furniture and accessories. The seasonal markets are staffed by one to four employees at any one time. Based on data from previous years at this location and other locations operated by the applicant, the market will generate twenty to thirty customers a day. The submitted site plan shows the layout of the buildings and parking areas of the shopping center, with the market occupying a 9,030 square-foot area in the northeast corner of the site. The perimeter enclosure of the market primarily consists of a weather-proof fabric barrier attached to poles that are anchored to the surface of the parking lot. A portion of the perimeter is enclosed by a low split-rail fence. There is a portable sales kiosk, four 20-foot by 20-foot (20'x20') canopies, a storage shed, and an entrance-exit shade structure. All of the structures are designed to be removed at the end of the season. Arrangements for power, water, and employee restroom use have been made with the property owner and approved by the relevant City departments. McDonald Garden Market, LLC (Providence Square) Page2of3 The existing parking of the shopping center will be used to accommodate the customers. The footprint of the area where the market is located will remove 31 parking spaces. Based on the Zoning Ordinance requirement for parking within a shopping center, the parcel containing this section of the shopping center and the market has an excess of 101 spaces. The Zoning Ordinance requires an Open- Air Market to meet the parking requirements of Section 203; thus, 44 spaces are required. Those 44 spaces combined with 31 spaces taken by the footprint results 75 spaces, which is below the excess of 101 spaces. The overall design of this market, the Sears (Pembroke Mall) market, and the Hilltop East market vary from site to site dependent on the existing structures on the site and available space; however, every site uses a combination of the same components: a shade structure; shed; low-height split-rail fencing; and wire fencing with vinyl mesh. The applicant has reports from two Professional Engineers regarding the safety of the shade structure and the shed structure. Staff has recommended Conditions 4 and 5 as part of this Use Permit to ensure compliance with safety recommendations. Each of the garden markets, including this one, has a signage package that consists primarily of images on vinyl mesh. signage varies from location to location based on the amount of perimeter fencing bordering the market. Condition 3, below, specifies the type and location of permitted signage. 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 9-0, to recommend approval of this request to the City Council with the following conditions: 1. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 31 parking spaces. 2. This Use Permit allows for operation of the market each year from March 1 through July 31 between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales McDonald Garden Market, LLC (Providence Square) Page3of3 area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. ^ 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: ~ ' ~~Z PS\'ILLE I)-9 f L r ~~ I _~ ~ I 4 ~ . ~ ~~ McDonald Garden Fak11eM Sliouehfa ~ _.~~2~1.j' D ;'1 ez ~~ ' ~~ , ~ ~~, r ~. , / ,~ ~ , w ~ ) t L ..._ _ 9Moppkig Ck J . y BrL. ~ x, BZ ~~ w. / 'f. Marl.et, LLC ~~., ~ ~ `;`P1 ~` ~; rR ~J~ ~ ~...;.Ffia ox ~ r' ~ r ' j' R10 ~r ~.1~' ,moo . ,. ~.:~ CVP for Seasonal Gartlen Market 14 February 13, 2013 Public Hearing APPLICANT: MCDONALD GARDEN MARKET, LLC PROPERTY OWNER: PROVIDENCE SQUARE ASSOCIATES, LLC STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Open Air Market -Seasonal Garden Sales) ADDRESS /DESCRIPTION: 961 Providence Square Shopping Center GPIN: ELECTION DISTRICT: SITE SIZE: 14665366390000 KEMPSVILLE 11,000 square feet AICUZ: Less than 65 dB DNL BACKGROUND /DETAILS OF PROPOSAL The applicant, McDonald Garden Market requests a Conditional Use Permit to allow use of the site as an Open Air Market (Seasonal Garden Sales). The market is open daily from March 1St, 2013 through July 31St, 2013, between the hours of 8:00 a.m. to 8:00 p.m. McDonald Garden Centers sell a variety of plants, and gardening furniture and accessories. The seasonal markets are staffed by one to four employees at a time and typically generate twenty to thirty customers a day. The existing parking of the shopping center will be used to accommodate the customers. As shown by the site plan, the applicant proposes to occupy a 9,030 square foot area in the northeast corner of the shopping center parking lot. The market area is bordered by wire fencing with vinyl mesh on the exterior as well as low-height split-rail fence. There will be four shade structures, an entrance/exit structure, and acheck-out structure. The footprint of the area where the market is located will remove 31 parking spaces from being available. Based on the Zoning Ordinance requirement for parking within a shopping center, the parcel containing this section of the shopping center and the market has an excess of 101 spaces. The Zoning Ordinance requires an Open-Air Market to meet the parking requirements of Section 203; thus, 44 spaces are required. Those 44 spaces combined with 31 spaces taken by the MCDONALD GARDEN MARKET, LLC (Providence,Square) Agenda Item 14 Page 1 footprint results 75 spaces, which is below the excess of 101 spaces. In sum, ample parking is capable of being provided simultaneously for both the existing shopping center as well as the seasonal market. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The parcel that encompasses this location of the market is currently developed as a commercial strip center. The area within said parcel specific to the request for a Conditional Use Permit consists of paved and striped parking and interior landscaping. SURROUNDING LAND North: Paved Parking USE AND ZONING: Retail shops / B-2 Community Business District South: Paved Parking • Townhouses / A-12 Apartment • Strip Retail Center / B-2 Community Business District East: Paved Parking • Wells Fargo Bank / B-2 Community Business District • Exxon Gas Station / B-2 Community Business District West: Paved Parking • Providence Square Shopping Center / B-2 Community Business District NATURAL RESOURCE AND This site has been developed as a paved parking lot and includes CULTURAL FEATURES: interior curbed landscaping. There are no known significant natural or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the Providence Square Shopping Center to be one of the city's Major Commercial Centers. The Providence Square Shopping Center is located in an area defined by the Comprehensive Plan as a Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. Compatible infill development, quality materials, attractive site and building design, improved mobility, residential buffering, and environmental sensitivity are all suggested by the Comprehensive Plan. The use of a portion of the parking lot for an open-air market is consistent with the Plan's recommendations, as the market is located in a small area of an existing shopping center, is seasonal in character, and is quality in design. IMPACT ON CITY SERVICES Based on comments from City agencies pertaining to this request, there is no direct impact on City services as a result of the applicant's proposal. MCDONALD GARDEN MARKET, LLC (Providence,Square) Agenda Item 14 Page 2 EVALUATION AND RECOMMENDATION The applicant has submitted this Use Permit request for an Open Air Market (Seasonal Garden Center) simultaneous with two other applications for the same use at different sites: Sears at Pembroke Mall and Hilltop East Shopping Center. In 2012, the applicant operated with a Peddlers Permit, as provided for by Chapter 26 of the City Code; however, the applicant was informed that future use of the sites in the future would require a Conditional Use Permit. Each market's physical form varies from site to site dependent on the existing structures on the site and available space; however, every site uses a combination of the same components: a shade structure; shed; low-height split-rail fencing; and wire fencing with vinyl mesh. The applicant has reports from two Professional Engineers regarding the safety of the shade structure and the shed structure. Staff has recommended Conditions 4 and 5 as part of this Use Permit to ensure compliance with safety recommendations. Each of the garden markets, including this one, has a signage package that consists primarily of images on vinyl mesh. signage varies from location to location based on the amount of perimeter fencing bordering the market. Condition 3, below, specifies the type and location of permitted signage. Staff finds that a seasonal garden market is a complementary and compatible use with the surrounding retail center. The use is also consistent with the recommendations of the Comprehensive Plan, as it entails the temporary infill of a developed site, uses quality structural materials and attractive displays, provides pedestrian accessibility, and has limited environmental impacts. Staff, therefore, recommends approval of this request for a Conditional Use Permit for an Open Air Market, subject to the conditions below. CONDITIONS 1. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 31 parking spaces. 2. The applicant shall only operate at this location from March 1St, 2013 through July 31St, 2013, between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. MCDONALD GARDEN MARKET, LLC (Provdence,Square) Agenda Item 14 -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 ofPlanning /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. MCDONALD GARDEN MARKET, LLC (Providence Square) Agenda Item 14 Page 4 I'_i ~ AERIAL OF SITE LOCATION 1, A • BF~C-+~ ,. _:_--~_ ~..fr. MCDONALD GARDEN MARKET, LLC (Providence Square) ~; Ananrla Itam 1 d - v "' r - ~~' Page 5 °~1" `o yf' 1 ~~, ;,. ~ a U a oa ,d ..-.~ IfrY1Y .~ y FENCING AND GRAPHIC SIGNAGE MCDONALD GARDEN MARKET, LLC (Providence Squ are) Agenda Item 14 Pag r e 6 ~~ ,Y ~~~ ~~ li i A. u h i ,p I I .y s a I R ~y V Z ^~ YJ ~ \ ~r 71 I ~ bl p G- in jP ~ ~~ •. ~ -~. vsi i tg ^~ ~- -- __ ~~ s~~ b h ~ ,~ {f' y 0 ~~ ~~ ~~ ~~ ~~~ ~~. w ~~~ ~~~~ ~ u T ` ~ U,YI Uch SIGN GRAPHICS ~. MCDONALD GARDEN MARKET, LLC (Providence Square) ~~ Agenda Item 14 Page 7 `~ i ~. v ,~ ~. r~ i ~~ ~`J .~ ~.;,,. ., x w ~` 9 MCDONALD GARDEN MARKET, LLC (P I I ~I ill PROPOSED SHED ;~ ry . .~ . Page 8 ° '" ' Z '~ '~ °~ ~ ..~ y~ t ~ u R N~ ~ ~~~~ LVIVIIVl7 1'lIJ I VKT # DATE REQUEST ACTION 1 10/13/1998 Conditional Use Permit Cellular Tele hone Antenna Approved 2 12/12/2000 Conditional Use Permit Reli ious Facilit -Self Standin Approved 3 07/02/2002 Conditional Use Permit (Car Wash) Approved 4 01/11/2005 Cond MCC DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, fine, business, or other unincorporated organization, complete the following: 9. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) McDonald Garden Market, LLC: Members: E. Mark Anderson 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) McDonald Nurseries, Inc. McDonald Nurseries of Virginia Beach, Inc. McDonald Nurseries of Denbigh tnc and Chesapeake Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Providence Square Assodates, LLC ~Aro„ tJ. IJrex~en, Jr, ~ Tt= t~ t~4.r~tier`s, L• ~.(~. 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) The Breeden Company, Inc. Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' 8 See next page for footnotes O I~y _~ ~y W ~, O ~~ Does an official or e,¢112Joyee of~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? 0 CorWitional usa Pemet AVWication Page 9 W 10 Revised 713/2007 DISCLOSURE STATEMENT MCDONALD GARDEN MARKET, LLC (Providence SSqu~re) Agenda Item 14 Page 10 DISCLOSURE STATEMENT ~~y ~_ I~~ W W O ~~ ~~~ A O 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) Applicant Only 0 1 "Parent-subsidiary relationship° means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Cade § 2.2-3101. ~ °Affiliated business entity relationship" means `a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship indude that the same person or substantially the same person awn or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entites." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notficaUon (postcard) that the applipUon 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 untierslgned also consents to entry upon the subject property by employees of the Department of Planning to p~capharld view the site for purposes of processing and evaluating this appligtion. Mark Anderson )q~'ICant'srS/igna~t{y'~e,% ~ ~ ' n // ~~ Print Name L1~.YVlWGr~o~, llKµ+'1~/-' ier~~Nctrs6..i1 ~ vP ~,._~ Property Owner's Sigaatuw ('rf different than applicant) Print Name Ase~k 1nf~~d¢nce S~..de p.ssocia~(e~ , tic. i ~ "VG¢td~. 71 eveloPnen>'- Corr. - Manac~r j Grr~ M. /'~arsi+ttt, VP ~ Condlaonal Use Pennlt Application Page 10 of 10 ReWsed 7/3/2007 DISCLOSURE STATEMENT MCDONALD GARDEN MARKET, LLC (Prov~+dence,Square) Agenda Item 14 Page 11 Item #14 McDonald Garden Market, L.L.C. Conditional Use Permit 961 Providence Road District 2 Kempsville February 13, 2013 CONSENT An application of McDonald Garden Market, L.L.C. for a Conditional Use Permit (Open Air Market -Seasonal Garden Sales) on property located at 961 Providence Shopping Center, District 2, Kempsville. GPIN: 14665366390000. CONDITIONS 1. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 31 parking spaces. 2. The applicant shall only operate at this location from March 1St, 2013 through July 31St 2013, between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market's personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. 6. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 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 (hose 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 #14 McDonald Garden Market, L.L.C. Page 2 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE ABSENT2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 14 by consent. ~~ ~~• ~ r o ~ N V - V .'.., ` ~. ~_ - '~.. a~ ~ .. ~ - G' ~` ~" ., ,vim ~ ~ \\` ,~ .` T ~t~ V! tom, ~.. W ~; ~ ;~~ ~ ~ ,~ ``ti. x ~ '`• ~. ~ ' \ ~ ~~ ~ ~ o.,~ ~ j ~ ~~~ ~~ i~~( ~ ~ a_ r N ~ ~ a~ \o tV Q ~' d O ~ ~ U ~ ~~#. ~ _ i ~ -.__,.__ o ~. +,~ ~.~/~ •r~. C} ~! `l~J r Q ~. ~- ~. ~,~ d .. ~% a ~ ~ ~- Nab' ~ + ~~ l ~ '` ~ 1 ~ `-~ ro I ~~~ 0 H G °a 0 ~~ a ~.U~ , r. 2 ~~~ t ~~~• .M~o..~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: ROOF SERVICES JGM CORPORATION (Applicant) /JGM, L.C. (Owner), Change of Zoning, AG-2 Agricultural, O-2 Office, and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial. 3056 Holland Road (GPIN 1495240400). PRINCESS ANNE DISTRICT. ROOF SERVICES JGM CORPORATION (Applicant) /JGM, L.C. (Owner), Conditional Use Permit for a bulk storage yard. 3056 Holland Road (GPIN 1495240400). PRINCESS ANNE DISTRICT. MEETING DATE: February 26, 2013 ^ Background: The site is currently zoned AG-2 Agricultural, O-2 Office, and Conditional I-1 Light Industrial. The applicant operates a roofing company from the site, which operates 5 days a week, 12 hours a day, and employees a minimum of 16 people. The applicant is requesting a Change of Zoning to Conditional I-1 Light Industrial for the purpose of constructing additional warehouse space. The applicant also requests a Conditional Use Permit for bulk storage. ^ Considerations: The site is occupied by a one-story L-shaped building containing 10,962 square feet of floor area. Parking areas are located between the building and Holland Road. Mature landscaping exists along Holland Road, along the southern property line from Holland Road to the building, and along the rear of the site. A bulk storage yard of roofing materials occurs between the building and the property lines. The plan submitted with the Use Permit depicts the proposed bulk storage area, fencing, landscaping, and a 50-foot by 50-foot (50'x50') addition to the building. The existing 18-foot by 36-foot (18'x36') metal shed will be removed and replaced with a 20-foot by 25-foot (20'x25') storage shed at the rear of the site. The proposal is consistent with the Comprehensive Plan's land use policies for Special Economic Growth Area 3 (SEGA 3) South Oceana. Additionally rezoning the entire site to a light industrial category is consistent with City's Air Installations Compatible Use Zone (AICUZ) program. There was no opposition to the request. Roof Services JGM Corporation Page2of3 ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend to the City Council approval of the Change of Zoning and the Conditional Use Permit with the proffers and conditions below: PROFFERS: PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "EXHIBIT OF ROOF SERVICES JGM CORPORATION, 3056 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA' dated 10/01/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Plan"). PROFFER 2: When the property is developed, the Addition shall be constructed in substantial conformity with plans and specifications prepared by Work Program Architects, Inc. to be filed with the Virginia Beach Department of Planning and exhibited to the Virginia Beach City Council. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. CONDITIONS: 1. All materials and equipment shall be stored within the limits of the bulk storage area. 2. As allowed by Section 221(1) of the Zoning Ordinance and based on a finding that there will not be significant detrimental effects on the surrounding properties by such action, a deviation to the screening requirements for bulk storage yards (Section 228) is permitted as follows. The required Category I landscape buffer shall be installed within 5 feet of the property lines adjacent to the bulk storage area. The proposed 8-foot tall ornamental security fence may be placed on the property lines adjacent to the bulk storage area. 3. Existing mature landscaping along Holland Road and along the southern portion of the site between Holland Road and the building shall be retained and maintained in good condition. Roof Services JGM Corporation Page 3 of 3 ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agen`c'y: Planning Department City Manager: 5 I~ , PRINCESS ANNE ~!aG'~}~~"';~ Roof Ser~-ices JGM Cor oration '° 11' 11 11 11' .. R7.5 _ APZ 2 %_ 1T' • ~~/-~1 (l~ Ll~1J AG2 __ -. AG1l' ,~_ 11' ~ ~ G 02 AG2 ~ ., Q' ~ CUP i •' 11 ~. B2` ,[_, ~d 6~ s `~`~ ' APB 2 R5D* ~°'B2" ~ ;110~2~ ;'' 11~ oa• ~'~P~ ~~ ~ ;~~AG~ ~' AGZ o 11 ~ 57~ !IB ~l D .. ~~~. ~~~"~, ,,;`~,1i°a,."",~~°,°`" Condldonal Zoning Change from A•2, O.2 8 I-1 to Conditional Ht cur ror nm~ arorage 4&5 January 9, 2013 Public Hearing APPLICANT: ROOF SERVICES JGM CORPORATION PROPERTY OWNER: JGM, LC STAFF PLANNER: Faith Christie REQUEST: Conditional Chance of Zoning (AG-2 Agricultural, O-2 Office, and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial) and a Conditional Use Permit (Bulk Storage) ADDRESS /DESCRIPTION: 3056 Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14952404000000 PRINCESS ANNE 1.573 acres 70-75 dB DNL and Accident Potential Zone 2 BACKGROUND /DETAILS OF PROPOSAL The applicant proposes to rezone the site, which is currently zoned AG-2 Agricultural, O-2 Office, and Conditional I-1 Light Industrial, to Conditional I-1 Light Industrial in order to add additional warehouse space to the site. The applicant also requests a Conditional Use Permit for bulk storage. The applicant operates a roofing company on the site. There are a minimum of 16 employees, and the business operates 5 days a week, 12 hours a day. A portion of the site was rezoned in 1965 from A-R Agricultural to C-L1 Limited Commercial. In 1995 a portion of the site was rezoned to Conditional I-1 Light Industrial. The following are the conditions / proffers attached to the rezoning: 1. The property shall be developed in accordance with the site plan filed with the Planning Department prepared by Lewis R. White, P.E. dated November 10, 1994. 2. The property shall only be used for the following principal uses and their accessory uses and structures: a. Business, medical, financial, nonprofit, professional and similar office buildings: b. Printing, lithographic or publishing establishments; c. Recreational facilities other than those of an outdoor nature; ROOF SERVICES JGM CORPORATION Agenda Items 4 & 5 Page 1 d. Vocational, technical, industrial and trade schools; and e. Wholesaling, warehousing, storage or distribution establishments. 3. Landscaped buffer areas shall be maintained along the property line fronting Holland Road and along the southern property line to screen the structure and parking lot. The buffer shall be ten feet in width for the length of the property adjacent to Holland Road and twenty feet in width along the southern property line. 4. Lighting on the property shall be directed inward and not toward surrounding property. 5. Further conditions may be required by the grantee during detailed site and / or subdivision review and administration of applicable City Code by all cognizant City agencies and departments to meet applicable City Code requirements. The site is occupied by a one-story L-shaped building containing 10,962 square feet of floor area. Parking areas are located between the building and Holland Road. Mature landscaping exists along Holland Road, along the southern property line from Holland Road to the building, and along the rear of the site. Bulk storage yard of roofing materials occurs between the building and the property lines. The submitted plan depicts the proposed bulk storage area, fencing, landscaping, and a 50-foot by 50- foot (50'x50') addition to the building. The existing 18-foot by 36-foot (18'x36') metal shed will be removed and replaced with a 20-foot by 25-foot (20'x25') storage shed at the rear of the site. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office and bulk storage -zoned AG-2 Agricultural, O-2 Office, and Conditional I-1 Light Industrical SURROUNDING LAND North: AG-2 Agricultural and O-2 Office /Undeveloped land USE AND ZONING: South: . AG-2 Agricultural /Animal kennel (SPCA) East: . AG-2 Agricultural /Undeveloped land West: . Holland Road NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. The site lies within the Southern Watershed Management Area Overlay District and, as such, would be subject to all site development regulations associated with such as the time of site plan review. COMPREHENSIVE PLAN: Suburban Area -Special Economic Growth Area 3 (SEGA 3), South Oceana The Comprehensive Plan designates this area of the City as being within the Suburban Area and, more specifically, within Special Economic Growth Area 3 (SEGA 3), South Oceana. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with the military uses. The City supports development of and redevelopment of SEGAs consistent with AICUZ provisions and the City's economic growth strategy. SEGA 3 is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. In the western part of this area, between Drakesmile Road and Holland Road, there are considerable environmental constraints. To varying degrees, portions of ROOF SERVICES JGM CORPORATION Agenda Items 4 & 5 Page 2 this area are impacted by high noise zones, accident potential zones, and Navy restrictive easements. Floodplain and other environmental constraints affect the western region of this area south of Dam Neck Road. Comprehensive Plan policies for SEGA 3, relevant to the subject property and this Conditional Rezoning and Use Permit request, are: • The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. • All proposed land uses in this area must align with the City's AICUZ provisions and the Ocean Land Use Conformity Program. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located adjacent to the two-lane section of Holland Road east of Dam Neck Road. According to the Master Transportation Plan Major Street Network Ultimate Rights-of-Way document, this section of Holland Road will ultimately have afour-lane typical section within a 110-foot wide right-of-way. There is a VDOT-administered CIP Project, #2.158.000 Holland Road -Phase VI, for the construction of this four-lane section. This project is in the design stage, and advertisement for construction is scheduled for February 2014. The trip generation provided below was estimated by designating the site for a general light industrial use. The bulk storage yard was excluded from the estimate, as it is ancillary to the principal use. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 16,400 ADT 15,000 ADT (Level of Existing Land Use - 76 ADT Service "D" -Capacity) (10 Morning Peak Hour / 11 16,200 ADT' (Level of Afternoon Peak Hour) Service "E") Proposed Land Use 3- 94 ADT (12 Morning Peak Hour / 13 Afternoon Peak Hour Average Daily Trips s as defined by a 10,962 square foot industrial building 3 as defined b a 13, 462 s uare foot industrial buildin WATER and SEWER: The site is connected to City water and sewer. DEVELOPMENT SERVICES CENTER: Stormwater quality and quantity shall be addressed in accordance with the Chesapeake Bay Preservation Ordinance, Stormwater Management Ordinance, and Virginia Stormwater Management Handbook. ROOF SERVICES JGM CORPORATaON Agenda Items 4ss & 5 Page 3 EVALUATION AND RECOMMENDATION The proposed conditional rezoning from AG-2 Agricultural, O-2 Office, and Condition I-1 Light Industrial to Conditional I-1 Light Industrial and the Conditional Use Permit request for a bulk storage yard are consistent with the Comprehensive Plan's land use policies for Special Economic Growth Area 3 (SEGA 3) South Oceana. Additionally rezoning the entire site to a light industrial category is consistent with City's Air Installations Compatible Use Zone program. One minor issue must be addressed through the Use Permit approval. The Zoning Ordinance requires the bulk storage area to be enclosed by Category VI screening, which consists of a minimum 6-foot tall solid fence and Category 1 landscape plantings. Category 1 landscape plantings require a minimum 5- foot wide planting bed. The submitted Use Permit exhibit plan depicts an 8-foot tall ornamental security fence along both the northern and southern property lines; however, the southern property line does not include the required planting bed. The screening depicted along the northern line meets ordinance requirements since it includes the required planting bed. Section 221 (i) of the City Zoning Ordinance states that, "The city council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations from the following requirements otherwise applicable to the proposed development: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements." Staff concludes that a deviation to the requirement for a Category 1 landscape buffer as part of the overall Category VI screening requirement for the bulk storage yard is appropriate, as there will be no significant detrimental effects on the surrounding properties. Staff recommends approval of the use of the 8-foot tall ornamental security fencing along the property lines; however, the requirement for a minimum 5-foot planting bed with Category 1 landscape screening shall be required on the inside of the security fence along the property line(s) around the bulk storage area. Staff recommends approval of the requests for a Conditional Change of Zoning and a Conditional Use Permit subject to the proffers and conditions below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the "EXHIBIT OF ROOF SERVICES JGM CORPORATION, 3056 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA' dated'10/01/12, ROOF SERVICES JGM CORPORATION Agenda Items 4 & 5 Page 4 prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Plan"). PROFFER 2: When the property is developed, the Addition shall be constructed in substantial conformity with plans and specifications prepared by Work Program Architects, Inc. to be filed with the Virginia Beach Department of Planning and exhibited to the Virginia Beach City Council. PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated September 25, 2012 and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. All materials and equipment shall be stored within the limits of the bulk storage area. As allowed by Section 221(i) of the Zoning Ordinance and based on a finding that there will not be significant detrimental effects on the surrounding properties by such action, a deviation to the screening requirements for bulk storage yards (Section 228) is permitted as follows. The required Category I landscape buffer shall be installed within 5 feet of the property lines adjacent to the bulk storage area. The proposed 8-foot tall ornamental security fence may be placed on the property lines adjacent to the bulk storage area. 3. Existing mature landscaping along Holland Road and along the southern portion of the site between Holland Road and the building shall be retained and maintained in good condition. 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. ROOF SERVICES JGM CORPORATION Agenda Items 4 & 5 Page 5 °~ ~~ .. ~' +z ~' o~ **` ~ ~ ~~ ~. / ' [ '.; ~t ~ ~~ ~: r. ~ . --~ ~,~ ~~4 ~~` ~~ AERIAL OF SITE LOCATION ROOF SERVICES JGM ';C ~~ ~~ ~ j a~ ~~ q~ ~~* ~t g ~ . ~, ~' 2ATION ;f~ ns4&5 ~~~ Page 6 ~~~ ,~ F n c f~~ 1 ~ ~~~ < ~o ~ ~: E J~/ ~ n j~~y >% ~ il~ou ~~ t, \~ ~, c c 8i ~~ ,1\` ~~ C~ x. <Z~ \. +4' :; a " ~~ ~ \~, ~ Vf yU~a i 1 ~ ~1 ~ \~~ ,_ s~i~ `fir ~ ~ ~~\\ _ 1 \ ; f ~ ~~~ ~ \ i ~. ~ ~. ~ ~ ~s ~ .~ ~ as i / ~ ~~~ ~ 1~ ~ ~\ w ~ ~- Z ~ I ~ ~1ytl8$ , a ~ ~ ~ i li O i ~ 8 ~~~ lI ~ Q ~• P ,/\ / ~ \v,\ 1 p r 1 fiW.it .~ • K~ ~ p __ CIS ?' •t ~ A ~ e~1~~ SJ~ _ _ - 11 ~ ,' ~/ / ~ i~~`t'~~~• a'1 ~ yl t .1 ~I ~in~i. '` V ~t~ p 1 ~I IM ~ ._... , _1.~-FL xY. ~ ~ - ~ ., [~\ 1~ 111 ~ , / ~ F+` ~s (W ~ OC ~~ .- = ~-~" + i ICI + V ~ 0 Q AAy i U~ < ~~~ . ~ ~ ~ ~ < m O Z ~~ W~~> REZONING EXHIBIT (PROPOSED SITE PLAN) ROOF SERVICES JGM nda Items 4 & 5 Page 7 ~'` q Ga4~yt. ~~ ~'~' ~;~ e 'S `-7 _--~~ - a ~ r= ~ - ~ *~ou J ~. _c~~ g9 `+ <~ Y ~ ~ io~~ C ., ~C ~ •= dddllt ya ~ `r q ~ ~ ro~ Y :, Z~Q 11~\\~ ~ in ~uuT$a , t ~~, ,\ 1 ~I~ 1 ~ ~' 1 a ~~ ~~~.~. b' y\ / \\ ry ~ ey ~ 1~ ~ ~ \ \ \I~ \i 1 1~~ 11 ~ t~`•~1 ~ Ill II ~ ~~ ~ / ~ ~ ~ ~~ ~ ~~ \~ `~ ~ ~ ~ f ~~ - ~ - . ~ f @ ~ h ~ ~ s uj1~ k ~ ~~ ~ ~ ~ ~~ ~ 1`~'I ~ ~~ ~ ~ ~ ~~ ~ ~ g a~ ~ /JJI ~ O ~ ~ / '~~P'ki p ~ I ` ~ ~ ,; i ! 1 ~ ~ti ~ ~~ ~ ~ - - ~~!~ ~ '/ `' ~ ~~ r l ~ ~~- ~e ,l ~~~~ /-' ° ~' 'wy ~liA ~ to ~ _ ~ ~ ~; y.~ ~~ ~ ~ , O J C 1- O ~ Z ~ ~\ \' ~ m (O~ (~~ q W 1~ 11~ ~ [pa USE PERMIT EXHIBIT (PROPOSED SITE PLAN) ROOF SERVICES JGM CORPORATION Agenda Items 4 & 5 Page 8 ~ i ~~ ~, _ _ , `,.~ ZONING HISTORY # DATE REQUEST ACTION 1 2/14/95 REZONING (O-2 Office to Conditional I-1 Light Industrial) Approved 8/11/75 REZONING (AG-1 Agricultural to O-1 Office; O-1 Office to Approved AG-1 Agricultural) and CONDITIONAL USE PERMIT (Driving Range and Miniature Golf Course) 6/17/75 REZONING (AG-1 Agricultural B-2 Commercial) Withdrawn 8/19/74 CONDITIONAL USE PERMIT (Driving Range) Approved 8/9/65 REZONING (AR Agricultural to CL2 Limited Commercial) Approved 12/10/62 REZONING AR A ricultural to CL2 Limited Commercial Denied 2 5/28/02 CONDITIONAL USE PERMIT (Animal hospital, kennel, and Approved shelter) 12/22/86 CONDITIONAL USE PERMIT (Animal hospital, kennel, and Approved shelter 3 12/5/83 REZONING (AG-1 Agricultural to I-1 Light Industrial) and Approved CONDITIONAL USE PEMIT (Bulk Storage) 6/9/98 CONDITIONAL USE PEMIT Communication Tower A roved 4 2/22/05 REZONING AG-2 A ricultural to Conditional B-2 Business A roved -~:''~ ROOF SERVICES JGM Ag da Items 4 & 5 I z Page 9 ~~ ~ pro ~ and CONDITIONAL USE PERMIT (Automotive repair) 7/3/01 REZONING (AG-2 Agricultural to Conditional B-2 Business) Approved and CONDITIONAL USE PERMIT (Automobile service station 5 10/9/01 MODIFICATION Approved 9/14/99 REZONING (R-5D Residential to Conditional I-1 Light Approved Industrial 6 5/9/00 REZONING (R-5D Residential to Conditional I-1 Light Approved Industrial 7 2/1/11 REZONING R-5D Residential to Conditional O-2 Office Pendin 8 10/25/05 MODIFICATION Approved 8/24/04 REZONING R-5D Residential to Conditional O-1 Office A roved 9 4/9/02 CONDITIONAL USE PERMIT Communication Tower A roved 10 6/25/84 REZONING R-6 Residential to I-1 Li ht Industrial A roved ROOF SERVICES JGM CORPORATION Agenda Items 4 & 5 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) John B. Babcock, Director, PresidentlTreasurer Gary M. Rogadci, Director, ~ce President Edward L. Smith, Secretary 2. List all businesses that have aparent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) JGM, L.C. ^ Check here ff the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) JGM, L.C. John B. Babcock; Gary M. Babcock 2. List all businesses that have aparent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Z O Z O N z 0 Does an official or employee of the City of Virginia Beach have an interest in the ~~ subject land? Yes ~ No Q If yes, what is the name of the official or employee and the nature of their interest? O CondiUOnal Rezonin A lication V g pp Pape 11 of 12 Revised 111162006 DISCLOSURE STATEMENT ROOF SERVICES JGM CORPORATION Agenda Items 4 & 5 Page 11 z 0 a c~ z 0 N z O ~~ ~~ A O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) MSA, P.C. Work Program Architects Bell 8 Vaiden, P.C. William G. Colby, CPA ' 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. ' "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a conVolling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Ad, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt o notification (postcerd) that the application has been scheduled for public hea ' , I am responsibl r obtaining and posting the required sign on the subject property at least 30 ays rior to the sch ed public hearing according to the instructions in this package. The undo ned Iso consents try upon the subject property by employees of the Department of Plan ng to otograph an w the site for purposes of processing and evaluating this application. Print Name than applicant) Print Name Condidonal Rezoning Application Page 12 of 12 Revised 713!2007 DISCLOSURE STATEMENT ROOF SERVICES JGM CORPORATION Agenda Items 4 & 5 Page 12 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8518 TO: Mark D. Stiles FROM: B. Ka Wilsor`~~ Y DATE: February 14, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Roof Services JGM Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 26, 2013. I have reviewed the subject proffer agreement, dated September 25, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Prepared by: James E. Vaiden VSB No. 19762 BELL & VAIDEN, P.C. 1321 Jamestown Road, Suite 202 Williamsburg, VA 23185 Tel: (757) 229-8125 ROOF SERVICES JGM CORPORATION, a Virginia corporation JGM, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THfS AGREEMENT, made'this 25`" day of `September, 2012, by and between ROOF SERVICES JGM CORPORATION, a Virginia corporation, party of the first part, Grantor; JGM, L.C., a Virginia limited liability company, party the second part, Grantor; and THE CITY OF VIRGINIA BEACH; a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second is the owner of that certain land hereinafter referred to as the "Property", located in the Princess Anne District of the City of Virginia Beach containing approximately 1.573 acres, which Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part, as said owner's authorized agent, lessee and occupant of the Property, in connection with the construction of a proposed 50' x 50' addition (the "Addition") to the existing office warehouse located upon the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG-2, 0-2 Office and Conditional I-1 Light Industrial to Conditional I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of and for various purposes through zoning and other land development legislation; and G P I N: 1495-24-0400 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided under the existing overall Zoning :Ordinance, the following reasonable conditions:related :to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning, and which the parties intend to replace and supersede the previous Agreement for conditional zoning changes which is recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, in Deed Book 3475 at page 1368. NOW, THEREFORE, the Grantors, for themselves their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without and requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: When the Property is developed, it shall be developed substantially as shown on the "EXHIBIT OF ROOF SERVICES JGM CORPORATION, 3056 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA" dated 10/01/12, prepared by MSA, P.C., a copy 2 of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Plan"). 2. When the Property is developed, the Addition shall be constructed in substantial conformity with plans and specifications prepared by Work Program Architects, Inc. to be filed with the Virginia Beach Department of Planning and exhibited to the Virginia Beach City Council 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by.the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall supersede the previous Agreement for conditional zoning changes which is recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, in Deed Book 3475 at page 1368, and shall continue in full force and effect until a consequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action of suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to den;y..the issuance of any of-.the required building of occupancy permits as maybe appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. [Remainder of page intentionally blank; signature page and Exhibit A follow] 4 WITNESS the following signatures and Grantors: Roof Serv By: John JGM, L.C. By: ~e s: s J MCorp ra ' b , Presi John B. agyr(g Member (SEAL) (SEAL) STATE OF VIRGINIA / CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of ~ , 2012, by John B. Babcock, as President of Roof Services JGM Corporation, a Virginia corporation, Grantor, and as Managing Member of JGM, L.C., a Virginia limited liability company, on behalf of such companies. L ~c~ ' Not Public My Commission Expires: ~ ~/~~q Notary Registration No.: ~~~ l ``~,Npuu~ utty,;~~d' c J: NOTARY''•.~'~ a~-' PU6LIC '~ REG# 290109 - ~ ~: MY CGfAM!SSION ~ Q X ~ ,O '. E,.rIRES 2 %~i~'. 06!30!2016 : ¢~` ~~~~/i~,"~A ~TH~~F~~~~~a~ EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot B-1 B1-B, containing 1.573 acres, as shown on that certain plat entitled "Resubdivision of Parcels B-1A1 & B-1 B1, Map Book 248, Page 53 & 54, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Instrument Number 2012041'6000407270. A portion of the property was conveyed to JGM, L.C., a Virginia limited liability company by deed from Holland-Dam Neck Investments, Inc., a Virginia corporation, dated March 27, 2012 and recorded April 23, 2012 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20120423000433170. The remaining portion of the property was conveyed to JGM, L.C., a Virginia limited liability company by deed from Ella Elizabeth Barco, widow and unremarried, dated March 24, 1995 and recorded April 3, 1995 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3486 at page 403. 6 CONDITIONAL ZONING AGREEMENTS Name: ~' i^ ~~~~'~~x ~,. Requested Change: ~~, ~~~ c~~`~,r~ `~ ~ Por: Format Date: 1.~ ,~.~~';y Prepared by Attorney licensed to practice law in the Commonwealth 2 Signed and v,~itnessed by a Notary/Name all owners/signed ~' G-Pin # on the front page, lower left hand corner ~,~ . Indexed names in first paragraph ~.~:~ At least 9 point type IFS. Name of preparer on front page Slip-sheets Original documents/signatures 8. Power of Attoz~leys if applicable ~ Submitted l~ days prior to PC/ 10 days prior to CC ,/~ Owners/description of property match Certificate ,lrf. Certificate of title prepared within 6 months "Conditional" on first page/Correct Zoning Signature and Notary on same page Notary Registration number 1. Original documents 2. Letter from attorney requesting slip-sheeting and that signers agree to slip-sheet 3. page numbers correct Content 1. Rezoning gives rise to need for conditions 2. Reasonable relation to rezoning 3. Conditions in conformity to Comp Plan 4. Readily and effectively enforced Necessary and sufficient to offset problems caused by rezoning Cash Proffers 1. Project in CIP 2. Disposition if not to designated program with in specific time period 3. Advice the CC if not yet in CIP/adequacy of performance Amendment to CZA Deed Book azld Page Number for prior CZA(s) ' ~ r ? ~`~'~- ~C= Are any prior proffers still in effect?-makes it clear which proffers control ~~ ` ~~~,...S,tC~.~,..C:~ f Y1 C~'l,~ ICI o ~' .% ~- ~ ~ ~~~ ~ ~ ;,~-~ ,~ ~ SQ _~f ,~,~ ~ N/ ,~ p1 ___ `ti ~ ~~ ~~ ~\\ ody v by __ `~ ~, ~ T ~ ~....\ { I ,~ i I I li _ I ti ~~ 4, ~,,, ~, 4J _ __ i n~ !~ ~P r. ~ ~i { ~~ ~ _ '~ ~ '~ -_- - ~" '~' m ~ ~ ~ r fH~ t ~ t ` ~~ ~ yl n c'~J • r~ ~~ ~~` r ~ ~ ~~ -- , '; ~~"/ ~~ m 0 ~ ~ ~ 4 v ~ ~ O ~ O v ~ o ~a 0 o°c ~ ~° a d H ~ ~ `Fd+ ~ oG SL N r ~~ -~ ~ G G G ua ~a ~d v N yC rS~NU~~~H1 ~~) ~~O (~ ~ " .. ~l ,,~~++~~ J iii 'w~`~;~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA SUPPORTIVE HOUSING (Applicant) / CF USB REO, LLC (Applicant), Conditional Chance of Zoning, Conditional I-1 Light Industrial to Conditional O-2 Office. 1333 Diamond Springs Road (GPIN 1469009994). BAYSIDE DISTRICT. VIRGINIA SUPPORTIVE HOUSING (Applicant) / CF USB REO, LLC (Applicant), Conditional Use Permit for a Single Room Occupancy Facility. 1333 Diamond Springs Road (GPIN 1469009994). BAYSIDE DISTRICT. MEETING DATE: February 26, 2013 ^ Background: In 2007, Value Place Real Estate Services, LLC, sought and was granted approval for a Modification of Proffers associated with a 2006 Change of Zoning from B-2 Community Business to I-1 Light Industrial. The Modification of Proffers was sought for the purpose of developing a hotel on the parcel. A Conditional Use Permit for a hotel was granted at the same time as the Modification. The proposed hotel was never constructed on the site; however, the Conditional I-1 zoning of the site and the Use Permit for the hotel still control the use and development of the site. The applicant, Virginia Supportive Housing (VSH), is a 501(c)(3) non-profit organization that provides housing opportunities to those in Virginia who are in need of housing. The applicant is proposing development of the subject site for aSingle-Room Occupancy Facility (SRO). To develop a SRO on the site, a Change of Zoning from Conditional I-1 Light Industrial to O-2 Office and a Conditional Use Permit for a SRO is necessary. The applicant, therefore, is seeking approval of both. ^ Considerations: The development will consist of two four-story buildings containing a total of 81 single- room occupancy dwelling units. The two buildings are connected by a narrow section of building that contains a hallway. Vehicular access to the site is located on Diamond Springs Road along the southern lot line, which is the same location of the current access. In addition to providing access to the subject site, a Deed of Easement provides the site to the south with the right to use the access point. Accordingly, there is a 55-foot opening along the southern lot line adjacent to the access point that provides access to that site. Parking spaces are located behind the building. The buildings possess variation in the facade through the use of bays that `pop out' from the main plane of the building. The `pop-outs' provide the internal spaces of the dwelling units with greater window area, which the applicant has found to be a desired feature of residents. The exterior materials consist of a combination of brick, brick veneer panels, and precast concrete detail features, with exposed steel beams at the first floor level. Virginia Supportive Housing Page 2 of 3 The buildings will include Energy Star appliances, and, to supplement electrical supply, the applicant intends to use solar panels to the extent possible, such as they have done at many of their recent projects throughout the state. Construction materials for the buildings will be Earth Craft certified. The applicant's proposed use is unique in that it is not a traditional apartment complex, having elements that are similar to a hotel type of use. At the same time, however, the units are permanent residences, just as apartment units are. The Burton Station Strategic Growth Area (SGA) Implementation Plan does recommend apartments as a component of the mixed-uses (office, restaurants, retail, hotels, apartments, and professional services) called for within this portion of the SGA. Accordingly, the proposed use is consistent with the recommendations of the Plan. Additionally, the two proposed buildings are designed in a way that they give the appearance of being office buildings, and the buildings are located at the front of the lot with parking behind. Such design follows the recommendations of the Plan's commercial design guidelines. The proposal meets the standards provided for aSingle-Room Occupancy (SRO) Facility conditional use in Section 241.1 in regard to design, management, and services (the "Management Plan" for the facility is provided on pages 17 to 28 of the attached staff report). The front yard setback, which is proposed at 10 feet, does not meet the minimum required for the O-2 Office District (35 feet). The City Council may, however, as provided for by Section 221(1) of the Zoning Ordinance approve a deviation from the required setback "for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that such a finding is established in this case, as the proposed front yard setback is generated by the recommendations of the Burton Station SGA Plan and there is no obvious potential for significant detrimental effects on surrounding properties due to the reduced setback. There was opposition to this request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the following proffers and conditions. PROFFERS PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Langley & McDonald, entitled "Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road", dated November 29, 2012 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: Improvements on the Property, when developed, shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled "Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road", dated November 29, 2012 (the "Renderings"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Virginia Supportive Housing Page 3 of 3 CONDITIONS 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Langley & McDonald, entitled "Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road", dated November 29, 2012 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The buildings on the Property shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled "Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road", dated November 29, 2012 (the "Renderings"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. There shall be no more than 81 single-room occupancy units within the two buildings shown on the site plan referenced in Condition 1. 4. The applicant shall adhere to the provisions of the submitted "Crescent Square Management Plan," a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. There shall be at least 41 parking spaces located on the site as shown on the plan referenced in Condition 1. 6. Based upon a finding that the commercial design guidelines of the Burton Station Strategic Growth Area Implementation Plan recommend that the front of buildings be located adjacent to or near to the right-of-way (dependent on the type of use), as well as a finding that there will be no significant detrimental effects on surrounding properties due to a front yard setback less than that prescribed by the Zoning Ordinance, the front yard setback as shown on the plan referenced in Condition 1 shall be allowed, as provided for by Section 221(1) of the Zoning Ordinance. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department , City Manage . ~ _ 6Y~.~ eva~ne n;a > ~~-a - Virginia Su > >orti~~e Housing 11 11 a~ ss ` ~ZO s2 11 "' a° ~ o~ d o I1 62 o? * '' ;$ Q~ ~4 -._ ~~~ ~Z T ~ ~N ~Z ~O 11* H1 62 ~o e B2 B2 ~~z,~~'p,"~"^ , ~.°,,,^"„'~ CUP /or Sing/e Room Occupancy Faclllry 16 & 17 February 13, 2013 Public Hearing APPLICANT: VIRGINIA SUPPORTIVE HOUSING PROPERTY OWNER: CF USB REO LLC awanrcauonorrrorrers STAFF PLANNER: Stephen J. White REQUEST: (18) Change of Zoning from Conditional I-1 Light Industrial to Conditional O-2 Office (19) Conditional Use Permit (Single Room Occupancy Facility) ADDRESS /DESCRIPTION: 1333 Diamond Springs Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14690099940000 BAYSIDE 12,000 square feet Less than 65 dB DNL BACKGROUND /DETAILS OF PROPOSAL In 2007, Value Place Real Estate Services, LLC, sought and was granted approval for a Modification of Proffers associated with a 2006 Change of Zoning from B-2 Community Business to I-1 Light Industrial. The Modification of Proffers was sought for the purpose of developing a hotel on the parcel. A Conditional Use Permit for a hotel was granted at the same time as the Modification. The proposed hotel was never constructed on the site; however, the Conditional I-1 zoning of the site and the Use Permit for the hotel still control the use and development of the site. The current zoning of the site, even if the proffers were modified, does not permit SRO Facilities. The O-2 Office District, however, does allow a SRO Facility with the granting of a Conditional Use Permit by City Council. The applicant, therefore, requests this zoning change from I-1 Light Industrial to O-2 Office as well as a Conditional Use Permit for a SRO Facility. The applicant, Virginia Supportive Housing (VSH), is a 501(c)(3) non-profit organization that provides housing opportunities to those in Virginia who are in need of housing, particularly homeless single adults. VSH proposes development of the subject site for aSingle-Room Occupancy (SRO) Facility. As defined by the Zoning Ordinance, a SRO unit consists of the following: VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 & 17 Page 1 A living space with a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of four hundred fifty (450) square feet restricted to occupancy by one (1) person identified by the Department of Human Services as having limited permanent housing alternatives and occupying the unit as a primary residence and not as transient or overnight housing or lodging." The applicant has selected this location due to the availability of public transit along Northampton Boulevard, the availability of employment in this light industrial area, and the fact that this area of the city is in need of a quality residential dwelling facility that is served by VSH. The units are intended to be occupied by individuals who are in a transitional phase out of homelessness as well as those unable to find housing due to their inability to make rental payments. VSH has a history of successful use of this housing concept throughout Virginia, including a facility in Virginia Beach (Cloverleaf Apartments), built in 2007-08, on Military Highway near Providence Road. Site Plan Design: • Two four-story buildings containing a total of 81 single-room occupancy dwelling units. The two buildings are connected by a narrow section of building that contains a hallway. One of the buildings if located at the front of the site, 10 to 15 feet from the front lot line, with the longest side of the building parallel to Diamond Springs Road. The other building is located immediately behind the first, with the longest side of the building facing the side lot lines. • The first floor of the building contains offices, the resident manager's unit, recreation facilities, and support facilities. Dwelling units are located above that floor. The principal access to the facility is located on Diamond Springs Road, covered by a canopy, and connected by a walkway to a sidewalk to be installed along Diamond Springs Road. Secondary access points are located between the two buildings. • Vehicular access to the site is located on Diamond Springs Road along the southern lot line, which is the same location of the current access. In addition to providing access to the subject site, a Deed of Easement provides the site to the south with the right to use the access point. Accordingly, there is a 55-foot opening along the southern lot line adjacent to the access point that provides access to that site. • The primary parking lot is located at the western end of the site, behind the buildings. That parking area contains 33 spaces. The eight additional handicap-only parking spaces along the southern lot line closer to the building, as is required. The total number of parking spaces is 41, which is appropriate for a facility of this type, as many of the residents will not own an automobile. The number of parking spaces for this use is set with the Conditional Use Permit approval. • The parking areas are connected to the Diamond Springs Road access point by a drive aisle that also provides adrop-off area behind the buildings, adjacent to a paved area that connects the buildings. The drop-off area is at the same ground level as the paved area for the purpose of ensuring safe access for handicapped individuals. There are appropriately-designed bollards along the edge of the drop-off aisle to prevent vehicles from driving on to the paved walkway area. The entire drive aisle is paved with a pervious paver system. • The majority of the area behind the two buildings consists of a community terrace, a fenced grassed yard, a defined paved area of raised planter beds for the use of the residents, and a shed building. The planter bed area is connected to the terrace by a garden gateway that is covered with a trellis structure. • The site plan shows the use of two monument-style identification signs, one at each corner of the front of the lot. VIRGINIA SUPPORTIVE HOUSING Agenda items 16 & 17 Page 2 • The site is landscaped with trees along both of the side lot lines, with a greater number planted along the southern lot line due to the activity on the adjacent lot being more intense than on the property to the north. • Trash dumpsters are located along the southern lot line, near the rear parking lot. Building Design The two buildings are designed in a way that they give the appearance of being office buildings. This design scheme is intentional due to the site being located in the Burton Station Strategic Growth Area (SGA). This portion of the SGA is designated for a mix of uses (office, restaurants, hotels, and professional services) by the Burton Station SGA Implementation Plan, and a SRO facility is an appropriate use, particularly if designed with an 'urban feel' by locating the building at the front of the lot and designing the building in a style that resembles an office building, which is the likely major land use in this portion of the SGA. The buildings possess variation in the facade through the use of bays that 'pop out' from the main plane of the building. The `pop-outs' provide the internal spaces of the dwelling units with greater window area, which VSH has found to be a desired feature of residents. The exterior materials consist of a combination of brick, brick veneer panels, and precast concrete detail features, with exposed steel beams at the first floor level. The buildings will include Energy Star appliances, and, to supplement electrical supply, VSH intends to use solar panels as possible, as they have done at many of their recent projects throughout the state. Construction materials for the buildings will be Earth Craft certified. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Previously used as an industrial site. There is a vacant one-story building on the site. SURROUNDING LAND North: Warehouse / I-1 Light Industrial District USE AND ZONING: South: . Restaurant / B-2 Community Business District East: Right-turn lane for westbound traffic to Northampton Boulevard West: • Vacant building (uncompleted sports training complex) / I-1 Light Industrial District NATURAL RESOURCE AND The site is impervious, covered by either pavement or building. A Phase CULTURAL FEATURES: I and Phase II Environmental Survey were conducted for the site to ensure there are no hazards. The survey results indicated the site is suitable for the proposed use. COMPREHENSIVE PLAN: The site is located in the Burton Station Strategic Growth Area (SGA). The Burton Station SGA Implementation Plan, adopted by reference as a component of the Comprehensive Plan, provides recommendations for land use, site and building design, and strategic infrastructure improvements. This section of the SGA is designated by the Plan as the 'Northampton-Diamond Springs Corridor.' Land uses envisioned for the area (as indicated on the Plan's `Development Capacity Program Analysis,' p. 16) include flex-space, hotel, office, retail, restaurant, and warehouse (in a mixed-use, comprehensively-designed setting). Site and building design recommendations for commercial uses are provided on page 35 of the Plan, and for the type of use proposed by the applicant, those recommendations call for buildings being located close to the street frontage, with office buildings having a landscaped setback area. Parking areas should be located. VIRGINIA SUPPORTIVE HOUSING Agenda .Items 16 _& 17 Page 3 behind buildings. Side yard areas should be landscaped to provide pedestrian paths, now or in the future, with the intent being to connect development to create a comprehensive whole. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road at this location is a four-lane divided minor suburban arterial. The MTP proposes asix-lane divided roadway within a 150-foot right-of-way. There are no Roadway CIP projects currently programmed for this portion of Diamond Springs Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Diamond 30,600 ADT 28,200 ADT (LOS "C") Former Land Use - 50 ADT Springs Road 30,600 ADT' (LOS "D" - Currently Proffered Land Use s - capacity) 880 ADT 32,800 (LOS "E") Proposed Land Use 4- 240 Average Daily Trips s as defined by office building /outdoor storage 3as defined by hotel and limited service a this is a best estimate using 'assisted living' land use (there are no established traffic en ineerin standards for SROs WATER: This site must connect to City water. There is a 12-inch City water line in Diamond Springs Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #326 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 10-inch City sanitary sewer in Diamond Springs Road. EVALUATION AND RECOMMENDATION The applicant is requesting to change the zoning on this site from the current Conditional I-1 with an accompanying Use Permit for a hotel to O-2 Office with an accompanying Use Permit for aSingle-Room Occupancy (SRO) Facility containing 81 units. Since the date of approval of the I-1 rezoning in 2007, the Burton Station Strategic Growth Area (SGA) Implementation Plan has been adopted. The hotel proposed with the 2007 rezoning is an appropriate use under the adopted Plan; however, the site and building design proffered with that rezoning are strictly suburban in layout and style, and are not consistent with the Plan recommendations for commercial design. The applicant's proposed use is unique in that it is not a traditional apartment complex, having elements that are similar to a hotel type of use. As such, the use is appropriate for this portion of the SGA, particularly since the site and building design are consistent with the Plan's recommendations, as the building design gives the appearance of being an office. VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 & 17 Page 4 The proposal meets the standards provided for aSingle-Room Occupancy (SRO) Facility conditional use in Section 241.1 in regard to design, management, and services (the "Management Plan" for the facility is provided on pages 17 to 28 of this report. The principal issue that requires additional action to be resolved pertains to the front yard setback, which is proposed at 10 feet (35 feet is required). The Planning Commission may resolve the issue, however, as provided for by Section 221(1) of the Zoning Ordinance. Section 221(1) allows the Planning Commission to recommend to the City Council for their approval a deviation from the required setback "for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that such a finding is established in this case, as the proposed front yard setback is generated by the recommendations of the Burton Station SGA Plan and there is no obvious potential for significant detrimental effects on surrounding properties due to the reduced setback. In sum, staff finds that the Change of Zoning and the Conditional Use Permit are appropriate, consistent with the Comprehensive Plan and Zoning Ordinance requirements, and thus, recommends approval of the applications as proffered and with the conditions below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Langley & McDonald, entitled "Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road", dated November 29, 2012 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: Improvements on the Property, when developed, shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled "Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road", dated November 29, 2012 (the "Renderings"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be further required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted site plan and building renderings. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, amenities, and access to the site. The submitted building renderings depict structures that are quality in material and design and provide an appearance of being an office use that is desired for this portion of the Burfon Station SGA. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2012, and found it to be legally sufficient and in acceptable legal form. VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 & 17 Page 5 CONDITIONS 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site ~~ plan prepared by Langley & McDonald, entitled Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road", dated November 29, 2012 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The buildings on the Property shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled "Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road", dated November 29, 2012 (the "Renderings"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. There shall be no more than 81 single-room occupancy units within the two buildings shown on the site plan referenced in Condition 1. 4. The applicant shall adhere to the provisions of the submitted "Crescent Square Management Plan," a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. There shall be at least 41 parking spaces located on the site as shown on the plan referenced in Condition 1. 6. Based upon a finding that the commercial design guidelines of the Burton Station Strategic Growth Area Implementation Plan recommend that the front of buildings be located adjacent to or near to the right-of-way (dependent on the type of use), as well as a finding that there will be no significant detrimental effects on surrounding properties due to a front yard setback less than that prescribed by the Zoning Ordinance, the front yard setback as shown on the plan referenced in Condition 1 shall be allowed, as provided for by Section 221(1) of the Zoning Ordinance. 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. VIRGINIA SUPPORTIVE HOUSING Agenda items 16 & 17 P-age 6 AERIAL OF SITE LOCATION ~~, d VIRGINIA SUP IVE HOUSING ~~ Items 16 & 17 ; Page 7 ~- ~~-~ "~ I I I I it ~ ~I, ~ f~ !F _ l ~k ~ s e ~~ ~" ~-:`aq. YY ~ ~a i~Y~~a' _ ~~ ' tliR ,. ~~; a~ s~ ~~ ~~ e II d rY ~~ FFEE °~~q°I 1~ 9 FF ! ~~r ~~5~~ 1 ~~ tip r~ ~~~ ~ 4 4 Y ~6E~p:Qg(` f~ Fyj 3~~a [~ 9IB1 7~A9 ~~~ ~~ ,E F F ig~ ¢ ~~ .p gAtpk~f ~ ~ ~ I ~ - , Q ~i ~ I : L4. 4y. 11~6~G; :, a~ ~' ~__ ^ I~.uciliFH~g jv~t :. i := i ICI _ tss~ I -- ~, ~ ~iy .W FOZ Kli.il.0.q -~~-- _ ~. - meomuww„ rm w~FM FYw,y`e:rpl y auM ~ 4MiYO~PN iNOi!{YV+-aL PROPOSED SITE PLAN VIRGINIA SUPPO Agei _ _ ~ ~ tt~~~ -- --- ~_ ~ ~- _ , v~f ~o~, ~a„N i1 , OVOa SJNkIdS ~NOYIVIO 1 ~` ~~ ~; ~ ~ ~W s su r I F~,.,~,.,~.a. 9gggF c ~ I iF es ' ~~~~ °" ~~ ~ I~~ ~ i9~1 F, i ~ ; ~~,~~ ~, ~ Z~' Page 8 .~ P ~~' _ - . OF ~.'. ~U F,~ t. F'~ ~L_.c.~'Cr!'~~ -v c~ 0 V1 'i C O ccS M M M ~~,w 'alt.' -~ ~ Q i ~~~~1 _, ^~ i O {n ,,..~. ~. ,~ t_i `~~b~ ~. '~ 1a'. ~._. k?`~~yy, 4:~-~i w'Ttli~s3 ~ ~.. ~ .. 1;T~4y'„~~.~ A ~ ~^.4 '~ ~. ~;. ` ~" CJ ~U C ~~ M ~7 y O ~ y Q %1 RENDERING OF PROPOSED BUILDING VIRGINIA SUPPORTI~ Agenda E HOUSING ems16&17 Page 9 i ~' ~ ; ~.{' ~~ I' ..p OUR~iJ ~"~~ cd O C i. Q H 'C C O M M M C O V .~-+ H ~~ O ~k ~' r.:_V ;;,1,,; , ~~ w ~~x, k ~, r>:- ~~ do ~ry ¢:. RENDERING OF PROPOSED BUILDING ~~~ _~ ~~ ~, l ~-~ . '~, ~ j I1~1g1 _. ~~ _ r._. e ~ _ ~! VIRGINIA SUPPORTIVE HOUSING x~ Agenda Items 16 & 17 :~ Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a ~rporation, 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 Knecessary) Please see attached. 2. List all businesses that have aparent-subsidiary or affiliated business entityZ relationship with the applicant: (Attach list if necessary) None 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. ff the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Please see attached. 2. List all businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please ses attached. Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or ep]l~Joyee of~City of Virginia Baach 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 Condkbnal Use Pertnlt Applicatlan Page 8 or 10 tzo~.~ ~nnnm O F--+ a W O O V DISCLOSURE STATEMENT VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 & 17 Page 11 ' DISCLOSURE STATEMENT Q ~~ cis .~ O Z O V ADDRtONAL bI3CLO3URFS Last aA known contractors or businesses that have ~ wfil provide services with respect to the requested property use, including but not limited to the providers of ardritecUx~ai services, real estate services, fitrancial servkes, accounting services, and legal servkres: (Attadt Net ff necessary) 0 vls ardYtecfs - servbea ra Langley rt t~CDareid - cMl Er~neerlrrg t3ervioae 0 Troutsran 3arWers LLP -Lapel Servk:es 6 ' •Parerrt-subsidiary relalia~sNp' means `a relatiorrehlp that exits when one corporation directly or Nrdkectly owns shares possessing rnore than ti0 percent of the voting power of another corpaatlon.' See State and Local t3ovemment Contikt of Interests Act, Va Code § 2.2-3101. ~ `Affiliated business eri0ly relationship' means a relatonship, ofher then parent subsidiary relafjorrsF-ip, that exists when m one busUress entlty has a controling ownersMp Merest M the other buskreas entHy (ti) a oontrcWng owrbr in one entity is also a cordrolfing owner In the other entty or (ill) there Is shared rtrsnagement or contrd between the business entities. Factors that should be oonsWered in detemtkring the existence of an affiliated tlrmirress entty relationsNp include that the same person or sulr the same person own or manage the two entitles: fhere are common or corrrrnirtgled fiords or assets; fhe business entities share #-e use of the same ofikx+s or employees or otherwbe share activities, resources or personnel on a rogular basis• or there is otliervriae a dose wortdrig relatiar>sti~ between tt-e antlties' See State and Local Oovemment Conttict of interests Act, Va Code § 2.2-3101. CERTIFICATION: 1 wrtlry that the Nrforrnotion oxitaYied herein is sue and aocureme, I irrderslarrrd that, upon receipt of notlflcalfon (poeteard) that the applcetlor- has been adreduled for Pdor 6o the sdredul~ed Phearing a q toxin pacicape. The undersigned also rxrriser-is in entry upon iFre su6lect ProP~Y by enployeee or the Deparirnent of Piamkg photopreph a/rxi view tfh~e sMe for purposes of processing and evalua9ng this app6catlan. Applcltnia ro / (/Ptri~nt-N Propergr Owner's (if dtlfererrt than applicerd) Prat N Cordltland Use ~minao, Pw.+oaro Revised 7/91007 DISCLOSURE STATEMENT VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 & 17 Page 12 Leon Shadowen, President Russell T. Aaronson III, Vice President Brandywine Realty Trust GrayCo, Inc Susan H. Siegfried, Secretary Scott M. McAuliffe, Treasurer Attorney At Law Keiter, Stephens, Hurst, Gary & Shrea ves Orvillee 0. Banks Steve E. Heretick Christopher Moore Crowne Plaza Hotel Stephen E. Heretick, PC Writer James F. Banta Valerie Holton, PhD, LCSW Pamela A. Phillips Community Volunteer Holton Consulting Bon Secours VA/Hampton Roads Fredrick A. Carleton, Jr. William G. Homiiler, Esq. K. Logan Schmidt US Trust, Bank of America Troutman Sanders LLP TowneBank Kevin J. Chase Shana C. Jones Loretta Tabb SunTrust Bank Freemason Street Baptist Church Wells Fargo Advisors, LLC John S. Finn, Jr. T. Preston Lloyd, Jr. Robin White Dominion First Realty Williams Mullen Northrop Grumman Corp. Houston Gray Tavis B. Maxwell The Houston Group, LLC Capital One Financial Corp. Alice Tousignant VSH Executive Director ,,.>> b i, Barbara Abernathy Arthur C. Hendrick,lr. Community Volunteer Community Volunteer Patricia Asch Dougal Hewitt T.K. Somanath Community Volunteer Bon Secours Richmond Health Better Housing Coalition Betsy Bighinatti W. Barry Hofheimer Wallace Stettlnlus Community Volunteer CB Richard Ellis Retired Chairman, Cadmus Communications Karl Bren Green Visions Consulting Imad Damaj Virginia Muslim Coalition for Public Affairs Laura Lafayette Richmond Association of Realtors Nancy B. Stotts Wilder School of Govt. & Public Affairs, VCU Robert Sledd Senior Economic Advisor to Governor Bob McDonnell J. Ryan Lingerteft Lingerfelt Companies James (Jim) Dunn Penny Johnson McPherson Bon Secours Richmond Health System Wells Fargo Bishop Gerald 0. Glenn Gilbert M. Rosenthal New Deliverance Evangelistic Church The Rosenthal Foundation The Most Rev. Walter F. Sullivan Bishop Emeritus, Catholic Diocese of Richmond lames Ukrop First Market Bank/Ukrop's DISCLOSURE STATEMENT VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 & 17 Page 13 Diana Capilli Mike Jakubowski Sean Wetmore S.L. Nusbaum Realty Co. TowneBank Nortolk Norfolk Academy Scott Freeman Central Virginia Beach Lions Club C. E. "Cliff" Hayes, Jr. Urban League of Hampton Roads Daun S. Hester Calvary Christian Elementary School Sharon Nusbaum Ohef Sho/om Temple Debbie Schwartz Senior Services of Southeastern Virginia Neil Walsh Sacred Heart Catholic Church Carrie White Community Volunteer Steve Zollos Executive Director of Healthy Communities, Bon Secours DISCLOSURE STATEMENT VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 & 17 Page 14 WRGINU ~~ FIND HOUSING JO85 GIVE NOW support$ve housing "Having a place to live......helps my fears and gives me hope." for iwenry years, Mne was unable to oMain permanent houWrp due to manta) Illness, suDatenx abuse antl limited Income. She Depan renNl~q dely servloeb from A Plan to Start (APT51. VSH's naw'housf~ ors[' program. SM now malmm~c an apartment and is mntlnWnq her laumey a recovery. ~;,, - R' S f '_e - A80UT US PROGRAMS RESIDENCES GIVE VOLUNTEER NEWS BLDG Aaour us ySH Staff Nmo Wa Are eoard AlJce Tausi9naot, Tiga..Dondarskf, CouncO of Mvoutes Executive Director Dlrec[or of Rrrance snn Mary Aa_b, )aCQu@i1De.Cittel', Flnanckl Inro Supportive Services Director, Director of property Management Annual reports Hampton Roads RegJOn ]obs Salathta 7otlnson, loin amen ust Allison BRgStaRgylG, Program Manager, Housing vww Dlreclor of Housing Development Counseling Programs Contncton E;tiler Robert, Director of Nampton Roads Mission Advancement Rev,. JWthX taliey, Deputy Executive Director AUsarUanas-NassaC, Manager of Volunteer Resources ltristlrtYaYOfskY, SupportNe Services Director, Central Virginia Region DISCLOSURE STATEMENT VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 & 17 Page 15 Virginia Supportive Housing Subsidiaries/Affiliates: Bliley Manor, Inc. Cherokee Hill of Richmond, Inc. FIND, Inc. Cary St. FIND, LLC Chestnut Hills Apartments, LLC Studios at South Richmond, LLC South Richmond SRO Limited Partnership New Clay House Limited Partnership James River Apartments, Inc. Independence House Gosnold Apartments, LLC Cloverleaf Apartments, LLC South Bay Aparhnents, LLC The Crossings at 4`" & Preston, LLC Heron's Landing, LLC Studios II, LLC DISCLOSURE STATEMENT VIRGINIA SUPPORTIVE HOUSING Agenda Items 16 $~ 17 Page 16 Items #16 & 17 Virginia Supportive Housing Change of Zoning Conditional Use Permit 1333 Diamond Springs Road District 4 Bayside February 13, 2013 REGULAR An application of Virginia Supportive Housing for a Change of Zoning from Conditional I-1 Light Industrial to Conditional O-2 Office and a Conditional Use Permit (Single Room Occupancy Facility) on property located at 1333 Diamond Springs Road, District 4, Bayside. GPIN: 14690099940000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Langley & McDonald, entitled "Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road", dated November 29, 2012 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: Improvements on the Property, when developed, shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled "Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road", dated November 29, 2012 (the "Renderings"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be further required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed Items #16 & 17 Virginia Supportive Housing Page 2 in accordance with the submitted site plan and building renderings. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, amenities, and access to the site. The submitted building renderings depict structures that are quality in material and design and provide an appearance of being an office use that is desired for this portion of the Burton Station SGA. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2012, and found it to be legally sufficient and in acceptable legal form. CONDITIONS The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Langley & McDonald, entitled "Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road", dated November 29, 2012 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The buildings on the Property shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled "Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road", dated November 29, 2012 (the "Renderings"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. There shall be no more than 81 single-room occupancy units within the two buildings shown on the site plan referenced in Condition 1. 4. The applicant shall adhere to the provisions of the submitted "Crescent Square Management Plan," a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. There shall be at least 41 parking spaces located on the site as shown on the plan referenced in Condition 1. 6. Based upon a finding that the commercial design guidelines of the Burton Station Strategic Growth Area Implementation Plan recommend that the front of buildings be located adjacent to or near to the right-of-way (dependent on the type of use), as well as a finding that there will be no significant detrimental effects on surrounding properties due to a front yard setback less than that prescribed by the Zoning Ordinance, the front yard setback as shown on the plan referenced in Condition 1 shall be allowed, as provided for by Section 221(1) of the Zoning Ordinance. Items #16 & 17 Virginia Supportive Housing 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 (hose 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 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODSGON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 16 &17 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. Mary Aab, Pamela Fletcher, and Timothy McCarthy spoke in support of the application. Eddie Bourdon, Robert Searles, and Frank Willson spoke in opposition. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8590 DATE: February 14, 2013 TO: Mark D. Stiles --~ DEPT: City Attorney FROM: B. Kay Wilson ~-~ DEPT: City Attorney RE: Conditional Zoning Application; Virginia Supportive Housing The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 26, 2013. I have reviewed the subject proffer agreement, dated November 30, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this ~'`' day of ~J puembe-~' , 20_~~_, by and between CF USB REO LLC, a Delaware limited liability company ("Owner", to be indexed as grantor); VIRGINIA SUPPORTIVE HOUSING, a Virginia non-stock corporation ("Contract Purchaser", to be indexed as grantor) (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Owner is the current owner, and Contract Purchaser the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as a portion of GPIN 1469-00-9994-000, as more particularly described legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"); and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from Conditional I-1 to Conditional O-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned O-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing O-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and GPIN NO.: 1469-00-9994-000 WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers'') shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Langley & McDonald, entitled "Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road", dated November 29, 2012 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. Improvements on the Property, when developed, shall be in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled "Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road", dated November 29, 2012 (the "Renderings"), copies of which are on file with the Department of Planning and have been exhibited to the City Council. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 2 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a "Grantor" under this Agreement. [Remainder of page intentionally left blank. Signature pages to follow.] 3 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTOR: CF USB REO LLC, a Delaware limited liability company By: AMRESCO Commercial Finance, LLC as Attorney-in-Fact By: D. Craig Christensen Executive Vice President STATE OF IDAHO COUNTY OF ADA, to-wit: -f~^ The foregoing instrument was acknowledged before me this ~ day of January, 2013, by D. Craig Christensen, who is personally known to me, in his capacity as Executive Vice President of AMRESCO Commercial Finance, LLC in its capacity as Attorney-in-Fact for CF USB REO LLC, on behalf of the company. Notdr~t/Ptiblic My Commission Expires: ~z~~ Registration No. v .~ k• ~C1y s~_ ~i-~~ ~~ [NOTARIAL SEAL/STAMP] ~ ~ ~4T~-R }- ~ ~1 ~ !~V B V~G ~ ~~~: ___ d 354884 4 RECORDING REQUESTED Bl' AND WHEN RECORDED MAIL TO: CF USB REO LLC c/o AMRESCO Commercial Finance, LLC X31 ? E. Parkcenter Boulevard, Suite 300 Boise, ldaha b3706 Attention: T'hamas F. Grattan SPACE ABpVE THIS LINE RESERVED SPECIAL POWER OF ATTORNEI' E1SE WHEREAS this Special Power of Attorney is made with ru_ference to that certain Servicing Agreement (as amended from time to tune, the "Servicing Agreement"}, dated December 29, 2010, by and between CF USBNPL LLC, a Delaware limited liability catnpany ("Owner"}; and AMRESCO Commercial Finance, LLC, a Delaware limited liability company ("Servicer" or "AA~IRESCO"). WHEREAS the Servicing Agreement relates to various commercial lawns (collectively, the "Loans") held by Owner. The: Loans are secured by real properties and other collateral (the "Properties"}. Pursuant to the Servicing .Agreement, Servicer hay been retained by Owner to service the Loans on behalf of Own€:r, including, u'ttllaut l; m;tatran, the aCgttiS;tlan of PrOpirtlE:S that SeGti re tl;e Loat;s Iitr a'~rgh foreclosure, deed-in-lieu of foreclosure, bankruptcy sales, ar otherwise, Owner has formed CI~ USB REO LLC, a Delaware limited Lability company {the "Company") a wholly-awned subsidiary of Owner, for the purpose of acquisition, management, operation, and transfer of the Properties, and other activities which in Servicer's discretion, in accordance with the Servicing Standard under the Servicing Agreement, are necessary for the proper servicing of the Loans in accordance with the Servicing Agreement. KNOW ALL MEN B~' THESE PRESENTS, that far good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Company does hereby constitute and appoint AMRESCO, as the true and lawful attorney for Company, and in Company's name, place and stead, to do the following: l . Execute, record and file all documents necessary to transfer Laars (and the documents eti•idencin~ and securing such. Loans) to and from the Company as necessary in connection with the acquisition, management, operation and transfer of Properties which in Servicer's discretion in accordance with the Servicing Standard under the Servicing Agreement,. are necessary far the proper servicing of the Loans in accordance wish the Servicing Agreement. 2. Do all acts an behalf of the Company to cause the Company to the extent permitted by law, to foreclose upon, acquire, own, hold, rehabilitate, construct, operate, lease, develop, sell, assign, and otherwise transfer the Properties (and an}' real and personal property of any t}'pe, kind or character, all types of improvements and fixtures situated thereon), and all businesses conducted there.an of any type, kind or character which in Servicer's discretion in accordance with the Servicing Standard under the Servicing Agreement, are necessary far the proper ser~~icing of the Loans in accordance with the Servicing Agreement. Such acts shall also include, without limitation, acts necessary and/ar incident to cause the Company's acquisition of rights to payment, and other i"inancial assets, by the Company's assumption of payment obligations owing to third parties as necessary. 3. A141KESC0 may execute any and all documents and instruments necessary to cause the Company to accomplish the foregoing, including, without limitation, negotiating, executing and delivering on behalf of the Campany assignment documents, purchase and sale agreements, deeds, bills of sale, assi~~nment, assignments of Contracts, leases and vther a`~eements, escrow instructions, and all other documents necessary to effect the sale. of Loans held by the Company and the. acquisition. operation, management, sale and transfer of the Company's Prvperties, including real property, persona] property and other assets. AMRESCO may also negotiate, execute and deliver on behalf of the Company subordinations of liens or encumbrances, bills of lading, bills, bonds, notes, receipts, evidences of debt, releases and satisfaction of mortgages, requests to reconvey deeds of trust, partial or full., judgments, and other debts and other instruments in writing of whatever kind and nature to cause the Company's acquisition of rights to payment., atl upon such terms and conditions and under such Covenants as .AMRESCO shall approve and. in accordance with the Servicing Standard under the Servicing Agreement. 4. Perform all acts, and execute all document., on behalf of the Company as may bt. necess~u-y to pursue till remedies allowed under app}icable law under the Loans (and the Loan documents) evidencing and securing the Loans held. by the Company. Such acts and documents shall include, without limitation, those necessary to effect a sale, judicial foreclosure, and/or non judicial foreclosure of any and al( real prvper-ty, personal property, and. other collateral that secures any Loan held. 6y the Company, and to instal} acourt-appointed receiver to take over any assets securing any Loan in accordance with the Servicing Standard under the Sen~icing Agreement. >. Demand, sue for> collect and receive in the name of and on behalf of the Company, ail money, debts,. accounts, legacies, bequests, interests, dividends, annuities and demand; a are now ar shall hereafter become due, payable or belonging to the Company and to take all lawful means, far the recovery thereof and to Con3prornise the same, and give discharges far the same all in accordance with the Servicing Standard under the Servicing Agreement. b. Make, execute and deliver agreements, cantracis, instruments, documents, noUCes, elections, waivers, approvals, disapprovals, consents, documents. amendments, modifications, terrnir3ativns, and supplements, and to take any other actions, as AIvIRESCO may deem in its reasonable discretion to be necessary to effect any of the foregoing described in paragraphs 1 through above all in accordance with the Servicing Standard under the Servicing Agreement. 7. All activities of AMRESCO on behalf of the Campany, including, the acquisition, operation, management, and transfer of Properties and Loans is expressly subject to the provisions of the Servicing Agreement and the Limited Liability Company Agreeanent ~vverning the Company. This Special Power of Attorney is Coupled with an interest, and it may at all times lag refie.d upon by any person, firm, corporation or other entity dealing with AMRESCO named herein. This 5~~~~;a! Power of Attarnev is ~averned by the laws of the State of Delaw4re. This Special Power of r,,.., Attorney shall terminate upon the earlier of (i) AMRESCO's resignation ar removal as servicing agent, (iif termination/expiration of the servicing agreement or (iii) December 31, 201 ~. [Signature an next page.] IN VdITNESS ~'VHEI2EOF, the unde.rsi_ned has executed this instrument effectiue as of the ~_ day of 'S .~r~;•, t ~. ~ :..1 , 2013. COMPANY: CF USB RFO L,LC, a Delaware limited liability company Bv: CF IJSBNPL I.LC its Sole Member ~,. B Name: 'i!~surrr Title: STATE Ol~ NEW YORK ) ) sS. COUNTY OF NEW YORK } On " / I , 201:1, before me, the undersigned, Notary Public in and for said State and Go ty, personally appeared t~ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names} is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/herJtheir signature(s) on the instrument the personCs), or the. entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. No a Public in and for a tid County and to (SEAL} n~~ta~s~~ saNCwEz Notary Public • State of New York NO.ptSA62t078' ~ualitied in Richmca un y ',AV Cn~-i^,i~;i~~ ~tpires 31 GRANTOR: VIRGINIA SUPPORTIVE HOUSING, a Virginia non-stock corporation By: Nan Titlf COMMONWEALTH/STATE OF \~i (Q,~ vim, CITY/4;9~d~~ OF IZ~ c,~V\nCU~t9, ~~ , to-wit: The 20~, by foregoing instrument was acknowledged before me this ~' day of ~J ~smbPt( , ,n~', -~ ,who is personally known to me or has produced Virginia Supportive Housing, on behalf of the company. Not Public My Commission Expires:____~ n~ ~, lay Registration No. 7 ~~ b$~ [NOTARIAL SEAL/STAMP] -~-~r C~ dVM~pN~ Ca^~ry No. 7370879 My Commission Expires 4130/2014 Exhibit A Legal Description ALL THAT certain tract, pierce or parcel of land, lying, situated and being in the City of Virginia Beach, Virginia, designated as "Parcel XLIV-B", containing 2.399 acres, more or less, on that certain plat entitled "Resubdivision of Parcel XLIV, Airport Industrial Park - Bayside (MB 116, PG 25) and the Property of Clara S. Malbon (Instrument No. 200310170169982) Virginia Beach, Virginia," prepared by Engineering Services, Inc., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20051215002001950. - 77 - Item VI-K.1. PLANNING ITEM # 61548 (Continued) Voting: 11-0 (By Consent) Coamcil Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 10, 2012 - 76 - Item VI-K.1. PLANNING ITEM # 61548 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS CONDITIONED, a Resolution upon application of STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY TRUST for a Conditional Use Permit re bulk storage of motor vehicles at 5890 Thurston Avenue. (GPIN 1459937553) DISTRICT 4 -BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY TRUST for a Conditional Use Permit re bulk storage of motor vehicles at 5890 Thurston Avenue. (GPIN 1459937553) DISTRICT 4 -BAYSIDE The following conditions shall be required: The existing chain link fence may remain; however, the length of fence parallel to Baker Road shall be replaced with a solid fence at least six (6) feet in height and plant material meeting the Category VI screening requirement shall also be installed prior to issuance of a Certificate of Occupancy. Existing plant material along the northern property line shall remain and the applicant shall develop a planting plan in consultation with the Development. Services Center's Landscape Architect to fill in areas devoid of plant material. In the event the applicant elects to remove the existing plant material in this area, plants meeting the Category VI screening requirement shall be installed along the northern property line. 2. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within f ve (S) business days of arrival at the site. No wrecked vehicle shall remain on the site for more than f ve (S) business days. January 10, 2012 Z W G, u~+J _^ R N O a 0 +v 0 c w .; ;~ L ., Q H ~ ~ 4 ~; ~~ G ry ~. ~ V ~° M $ 4 tea` .~ ~, N C. c/> N1A OS ~~ iT ~~ u ~~~ <~ ~ . ~~ `~~~ ~~,;,,., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEVE'S TOWING (Applicant) / W.CECIL CARPENTER FAMILY TRUST (Owner), Modification of Conditions of a Use Permit for Bulk Storage approved on January 10, 2012. Request is to expand storage area. 5890 Thurston Avenue, Suite B (GPIN 1459937553). BAYSIDE DISTRICT. MEETING DATE: February 26, 2013 ^ Background: A Conditional Use Permit allowing bulk storage on this parcel was approved by the City Council on January 10, 2012. The existing conditions apply to only the portion of the site that was being leased by the applicant in January 2012. Since the time of City Council approval, the applicant has leased additional space for expansion of the storage area. The applicant, therefore, is requesting a modification of the current Use Permit to include the additional area. ^ Considerations: The applicant originally leased a space of approximately 6,790 square feet. With the departure of a previous tenant from the western portion of the site, the space leased by the applicant has expanded an additional 96 feet to the western lot line. The leased area, therefore, has nearly doubled in size to 13,510 square feet. As part of the modification of this Use Permit, the applicant requests use of the total site area for long-term storage of vehicles owned by individuals that will be out of the area for a number of months. The applicant also requests the use of two 8' x 8' x 20' storage containers to temporarily store property removed from towed vehicles, as well as tools and equipment for the applicant's trucks. The requested storage containers would be located within the fenced-in area leased by the applicant, which is locked overnight. Staff finds that the request for use of the containers is consistent with the character of a bulk storage yard operation. The use of two storage containers will provide additional security for items belonging to the applicant as well as the owners of towed vehicles. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: Steve's Towing, Inc. Page 2 of 2 1. The two conditions attached to the Conditional Use Permit granted by the City Council on January 10t", 2012, shall remain in effect and shall apply to the entire 13,510 square foot space currently leased by the applicant. 2. The existing chain link fence shall be extended to surround the additional 6,790 square feet of area now leased by the applicant. Additionally, the applicant shall provide landscaping, a minimum of 70 feet along the western lot line and 193 feet along the northern lot line to screen the bulk storage yard. This landscaping shall be kept alive and properly maintained during the extent of the Conditional Use Permit. 3. Use of two storage containers shall be permitted within the fenced-in area for the storage of the applicant's tools and items from the towed vehicles. 4. Any vehicle stored long-term by the applicant shall be operative and parked within the fenced-in area. An operative vehicle shall be stored no longer than one year. ^ 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: Planning Department ~~"L BGYSIDE Tla~ ('-a - ,,,,,.,:,,~.,, ece s o«~~n _. ~ ~. ~ ' - ~ ~ _ ~~ hT . ~_ ~1 ~ 1 9 ~ ~; A~ „ _ _ - YSi ~~T _ ~_ ~ rj - ~ ~~ ,. '. 1 t ~ ;. ~~ l i ,_ r i1 ~ ~ ~ _ f~. ~~ ~, 1 / ~ ~~ I w ~ ~ ~ I iii ~ ~ a~ ~ ~ ~ ~ R7,5 _ ~ ~ -~ _,.- ~, -~ ~, , i, ~ i~, ~, 3. i `~ •Zw+~v wwn CaaumR~anr., oP.. Spke Pranwlw or Pp4-t On by ~ Modklcatlon of Condklons 12 January 9, 2013 Public Hearing APPLICANT: STEVE'S TOWING, INC. PROPERTY OWNER: W. CECIL CARPENTER FAMILY TRUST STAFF PLANNER: Kristine Gay REQUEST: Modification of a Conditional Use Permit for bulk-storage -approved by the City Council on 01/10/2012. ADDRESS /DESCRIPTION: 5890 Thurston Ave. GPIN: ELECTION DISTRICT 14599375530000 BAYSIDE SITE SIZE: 109,694 square feet 13,510 square feet lease area AICUZ: Less than 65 dB DNL BACKGROUND /DETAILS OF PROPOSAL The Conditional Use Permit permitting bulk storage was approved by the City Council on January 10~h 2012. The Conditional Use Permit has two conditions listed below. 1. The existing chain link fence may remain, however, the length of fence parallel to Baker Road shall be replaced with a solid fence, at least 6 feet in height and plant material meeting the Category VI screening requirement shall also be installed prior to issuance of a Certificate of Occupancy. Existing plant material along the northern property line shall remain and the applicant shall develop a planting plan in consultation with the Development Services Center's Landscape Architect to fill in areas devoid of plant material. In the event that the applicant elects to remove the existing plant material in this area, plants meeting the Category VI screening requirement shall be installed along the northern property line. 2. Any vehicle towed to the storage yard shall be operable with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within 5 business days of arrival at the site. No wrecked vehicle shall remain on the site for more than 5 business days. STEVE'S TOWING, INC. Agenda Item 12 Page 1 The existing conditions apply to only the portion of the site that was being leased by the applicant in January, 2012. Since the time of City Council approval, the applicant has begun leasing additional space, and is requesting to modify the existing conditions to cover the total area he currently leases. As depicted on the submitted site plan, the applicant originally leased a space of approximately 6,790 square feet. That space started 30 feet from Baker Road, where it then extended 96 feet towards the western lot line and 70 feet south from the abutting northern lot line. With the departure of a previous tenant, to the west, the space now, therefore, leased by the applicant has expanded an additional 96 feet to the western lot line. The leased area, therefore, has nearly doubled in size to 13,510 square feet. The applicant is requesting the original conditions be expanded to apply to the total space he currently leases. In addition to the previously approved conditions, the applicant also requests the use of two 8' x 8' x 20' storage containers to temporarily store property removed from towed vehicles as well as tools and equipment for the applicant's trucks. The requested storage containers would be located within the fenced-in area leased by the applicant, which is locked overnight. Similar, but separate, to Condition Two, the applicant also requests use of the site for long term storage of vehicles owned by individuals that will be out of the area for a number of months. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Warehouse and storage yard SURROUNDING LAND North: Office-warehouse / I-1 Industrial District USE AND ZONING: South: . Thurston Avenue • Office-warehouse / I-1 Industrial District East: . Baker Road • Office-warehouse / I-1 Industrial District West: Office-warehouse / I-1 Industrial District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural resources on the site as it is developed for an industrial use and almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as within the Burton Station Strategic Growth Area #1. The area is predominantly industrial, but also has significant tracts devoted to residential and commercial uses. The Northampton Boulevard Corridor SGA Implementation Plan proposes guidance on how the area should evolve in order to accomplish an arrangement of land uses to achieve an attractive, coherent, and marketable destination and calls for increased connectivity and access to the Airport Industrial Park. STEVE'S t-OWING, INC... Agenda Item 12 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road and Thurston Avenue, in the vicinity of this application, are both considered 2-lane undivided minor suburban arterials. Neither right-of-way is located on the MTP. No Roadway CIP projects are slated for these street segments. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Baker Road 6,809 ADT 13,600 ADT (Level As the storage yard will be of Service "C") - used for the storage of 16,200 ADT ~ (Level of abandoned vehicles, illegally Service "E" Parked vehicles, and vehicles h i f li ll t Thurston No Data No Data Available r p rom po ce ca s, t e generation is expected to be Avenue Available very minimal Average Daily Trips WATER 8~ SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Ideally, this industrial type of use is most appropriate where surrounded entirely by industrial zoning and industrial uses, as delivery of vehicles to the site is proposed 24 hours a day, 7 days a week. The applicant has chosen this location due to the surrounding industrial uses, its location within the Airport Industrial Park, and its proximity to the interstate. As the bulk storage yard will be used for holding abandoned vehicles, illegally parked vehicles, vehicles from police calls, as well as long term parked operable vehicles; the trip generation is expected to be very minimal and will not negatively impact surrounding properties. The applicants request for two storage containers is consistent with the scope of a bulk storage yard operation. The use of two storage containers will provide additional security for items belonging to the applicant as well as the owners of towed vehicles and will also reduce visual clutter on site. As required by the Zoning Ordinance, a condition to screen the bulk storage yard from view of the right- of-way is provided below (Number 2). Existing plant material is located along the northern property and is proposed to remain as part of the required screening. The applicant has met this requirement by installing a solid 6' tall fence and Category VI screening along the side of his leased space adjacent to Baker Road and Wax Myrtles along the northern and western lot lines along the boundary of the leased space. Staff recommends approval of this request with the condition listed below. STEVE'S ,TOWING, INC. Agenda Item 12 Page 3 CONDITIONS 1. The two conditions attached to the Conditional Use Permit granted by the City Council on January 10~h, 2012, shall remain in effect and shall apply to the entire 13,510 square foot space currently leased by the applicant. 2. The existing chain link fence shall be extended to surround the additional 6,790 square feet of area now leased by the applicant. Additionally, the applicant shall provide landscaping a minimum of 70 feet along the western lot line and 193 feet along the northern lot line to screen the bulk storage yard. This landscaping shall be kept alive and properly maintained during the extent of the Conditional Use Permit. 3. Use of two storage containers shall be permitted within the fenced-in area for the storage of the applicant's tools and items from the towed vehicles. 4. Any vehicle stored long-term by the applicant shall be operative and parked within the fenced-in area. An operative vehicle shall be stored no longer than one year. 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. STEVE'S T4WING,INC, Agenda Item 12 Page 4 AERIAL OF SITE LOCATION THIS IS TO CERTIFY THAT I ON JUNE 11, 2008 SURVEYED THE PROPERTY SHOWN ON THIS PLAT. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THE ONLY EASEMENTS APPEARING ON THIS y SURVEY ARE THOSE WHICH WERE SHOWN ON THE RECORDED SUBDIVISION PLAT. PARCEL XXIII ' S 89VY01' E 228.81' I(d' 17.4 ._- _ _ __ ___... .-_ %e 143 15 EAS.M h'i F9' ~ _ ~ .. _ _.- _ .Regcae"seed CUP . CUP Approved - N,7 '.Modrfication/ ~ 01'110/20?2 Expansion '' N - 1V PEU. @ m 8 A" I ~ PARCEL I!I 110.899.09 SE - OR 2.5!59 AC. p}.. _ I ~. P~', 51 8 ... ~ s.S.'_ _ 160.0' .~ I ~I PARCEL IV ~I ~ °I I ~I 1 ~ 1 STORY FRAME ro I WN2EHOUSE ~ ~.~ rse9D .• 1. °a .~ G~'. '. I :~ ~dY ~f a + ~ 4AP.. N101H POR 110N OF lJ IJ IJ ~ ~ ~ ~ LIC. N0. n ~ - El .I~ I~ ll Ll ' IJ ' ll ' . [102189 150" 1EPC0 ~P//Z/og _ 1 ~ ~ _ / - EAScMENI ' ~ N o L 9,y~ SURt1t'Y~04" C, „_, .P`$,F~I~G fI.AG ° ~ m P . ' POLE I ! PP ~ ~ o %N (FJ I I 16.55 ~ $ ~ ~ PIN (F) 246.67 N 89UTOt' W ELCC. V~y~ ` THURSTCN AVENUE 60' ~ Box C arc ; - . ~ PHYSICAL SURVEY OF T I , „y ~~ ~ PARCEL III, SUBDIVISION OF PARCELS III & IV, AIRPORT INDUSTRIAL PARK. NOTE: THIS PROPERTY APPEARS TO FALL iN VIRGINIA BEACH, VIRGINIA M as7 r'.4s FLOOC 20NE(S) X AS SHOWN ON THE rpq NATIONAL FLOOD INSURANCE PROGRAM MAP W C CARPENTER . . FOR THE CITY OF VIRGINIA BEACH _ COM1dUNITY NO.St5531-0010 E DATED 12/5!96 DATE: JUNE 11, 2008 ^' ' ,^' DENNIS J. GENWIr1, P.( BASE ELEVATION NIA SCAIE~ 1"= 50' V~ Svc N ~ ~n t ~ V V i Ueu .c ctN n n. LOWEST FLOOR ELEVATION N!A F.B.: 50'1 CAD TECH: JSO Imae m.. suw.,. ~.,., ,v...,-~~„ F.. ,,,~...,. AREA REQUESTED FOR EXPANSION STEVE'S TOWING, INC. ~~~ Agenda Item 12 ~, Pag ~. . e 6 ,- ~ , ~ ~ ~Y ., ,.. ,..a j ~ ._ if's' THIS IS TO CERTIFY THAT I ON JUNE 11, IOOa SURVEYED THE PROPERTY SHOWN ON THIS PLAT. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THE ONLY EASEMENTS APPEARING ON THIS SURVEY ARE THOSE WHICH WERE SHOWN ON THE RECORDED SUBDIVISION PLAT To be PARCEL XXIII landsca ed storage containers Trailer ; P s a9roTO1' E 4zae,' Iza' Install2 __ _ - -_. -~-~ - 15' CA ENCN' Wax Myrtles =-- - - - .. . •.. wRE rENCE ,s_ Existing ! 6>rfiRC .~ _ ~ N Vegetation , , •" rENu ~ • . • .''. .' i a.9 - . - _ ~ TY PFD. ®~ I ~~ I ,. a PARCEL IV ~ W~ 0 (~ I Z ~EA~,TH 0 6 "~~ ,G '~ IENNI TAR !~ ~r d '~' A B S LIC ND. 002189 ^ l-0/i 2~og ~~ SUR OQ. PW (F) PARCEL III n0.899.09 9.F. OR 2.5!59 AC. ~'~, 150.0' t STORY rRAIIE WAR.EuH~OUSE I""~V I Q 416.67 , ~ ,N 99W'01' W THURSTCid AVENUE ~' ~ a3.T _ 1 1 ! N L A f M • +' Q 3•1a. O Q L~`_ .,., . f ``~, :, . 3~ :I' m 3 vaR wDiH POR i10H Of ~iSO VEPCO [ASEU[HT ELAG ° ~ m POLE ~ (~ x ELCC. sox ~ QI<! _ PHYSICAL SURVEY OF I~O~ ~ '~~ PARCELIII, SUBDIVISION OF PARCELS III 8IV, AIRPORT INDUSTRIAL PARE NOTE: THIS PROPERTY APPEARS 70 FALL IN VIRGINIA BEACH, VIRGINIA M.9 e~ P ~s FLOOD ZONE(S) X AS SHOWN ON THE rcA NATIONAL FLOOD INSURANCE PRDGRAM MAP W. C. CARPENTER FOR THE CITY pF VIRGINIA BEACH _ COMMUNITY N0.515531 0010E DATED 1215196 DATE: JUNE 11, 1006 f"1 ~ /'1 OENNIS J. GERWiTZ, P.c FAS1 ELF=`lA'ION NIA SCAL E'1"=SO' V IVs ~wHHTacac~vwcw~.ta>< 0~~'f 5_F;:.COR ELEVATION N/A ER507 CAO TECH:JSO .,v.. r.,~cx.wc ra, +ar.ve,m, e. m~.on.. ~~~~`p~ M ,FV~' ~0. PROPOSED SITEPLAN # DATE 1 09/08/98 CUP (communic ZONING HISTORY 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) ST~~S TUw~~ ~Jc. 5;~`~-i~tJ ~~LUa~A ~,~~. 2. List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ~' ~' Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is dih`enenf 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-subsidiaryi or affiliated business entity2 relation/sh/i~p with the applicant: (Attach list if necessary) ~/ /7 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See need page for footnotes Does an official ore oyee of ity 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 ParmkApplication Page 9 of 10 Revised 7/32007 z 0 w w z 0 ~z 0 V DISCLOSURE STATEMENT ,~.~~;~: t:,~~.o _ . STEVE'S Agenda Item 12 '7 Page 9 ~._ ~, ° ' 9 7 ~' 'fir:, ~w ASS~s Oc ~ _. Z O .--. a F-+ W W cn F-~ O ~~ ~~ A DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach li t 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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a 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 emp-oyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entties." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plannin hotog h d the site for pu es of processing and evaluating this application. ~C ~lss. S~~N col( (,tA-1~ Q'21.4t~j ~'~~ ~UW~ tts~., ~UXiSit~+i:i~o lA1C' Applicant's Signature Print Name //// /~_/' ~/~" 5~, T ~/ ~ '/ L GY~((w/LL?~~1 ~,y1~i-~-~L. /~"4a~ !/~',~~i/ Lt ;~r'/~l'~~/PLLrti/y Properrt~,y,Owner's Si nature (if d~ Brent the pplignt) Print Name ~~-..- ~, 1`~~i-,~~-~-~zti- /t(a~c=r.'nr_ C, I~~~•c..ri`zy'1 Conditional Use Permit Appiicadon Page 10 of 10 Revised 7/32007 tCs~1' DISCLOSURE STATEMENT ~~~, F f't~ j~~ ~A~ ~~i=~~ W i I!,~ jlylABfj11 C ~~ x :~~~ ~-~ :S~i lJZ<~ `~J `_/ `i~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend and Reordain Section 107 of the City Zoning Ordinance Pertaining to Amendments to the City Zoning Ordinance, Zoning District Boundaries, and Zoning District Classifications of Property. MEETING DATE: February 26, 2013 ^ Background: On November 27, 2012, the City Council passed a Resolution referring the attached amendments to Section 107 of the City Zoning Ordinance to the Planning Commission for its consideration and recommendation. Section 107 provides the requirements for amending the City Zoning Ordinance, including the ability to withdraw a petition (as in an amendment to the Zoning Map through a Change of Zoning), public notice requirements, and the procedure for proffer submission and review. ^ Considerations: The proposed amendments to Section 107 are summarized in detail in the attached staff report. Furthermore, the attached ordinance amendment document also provides additional "Comments" at various points of the ordinance that further explain the changes and the reasons for those changes. The majority of the changes are intended to update Section 107 to improve its consistency with current processes and practices as well as State Code provisions. The most significant of the proposed changes to Section 107 introduces a new provision that allows the City Council to accept proffers that reasonably deviate from the setback, landscaping, minimum lot area requirements, and height restrictions of the zoning district requirements of the Zoning Ordinance (except where increasing height presents a hazard to air navigation). City Council will be able to allow such deviations upon a finding that there will be no significant detrimental effects on surrounding properties. Additionally, such deviations may not conflict with the Comprehensive Plan. This new provision of Section 107 is substantially the same as the language giving the City Council similar authority when considering Conditional Use Permit applications. While this amendment would have affect throughout the city, it is especially needed in order to allow discretionary development in Strategic Growth Areas (SGAs) to conform to the urban form that, while contemplated by the SGA Plans, is not allowed by the corresponding provisions of the City Zoning Ordinance. For example, the majority of the various SGA Plans contemplate that new development be placed closer to the street (e.g., five-foot setback) than typical suburban-style City of Virginia Beach -Amendments to Section 107 of the Zoning Ordinance Page 2 of 2 development; at the same time, however, required front-yard setbacks in most Business Districts are between 30 and 35 feet. The amended ordinance would allow the City Council to approve setbacks appropriate to the respective SGA Plan, as well as allowing deviations to other features as noted above. Until implementing ordinances for the various SGAs are adopted, this provision is the only solution to the current dichotomy between the SGA Plans and the Zoning Ordinance's dimensional regulations that is workable and also subject to direct City Council review. In sum, the proposed amendments to Section 107 of the Zoning Ordinance will significantly update an important part of the Zoning Ordinance that is in need of revision. There has been no significant revision to this section since the last comprehensive revision of the entire Zoning Ordinance in 1988. Accordingly, the attached amendments are proposed for the purpose of making the regulations more readable, more useful (to both City staff and the applicant), and more rational. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of the amendments to the City Council. ^ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~" City Manager: 1~-- ~ ~~- 16 January 9, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 107 -ZONING DISTRICT AMENDMENTS AND CLASSIFICATIONS OF PROPERTY REQUEST: An Ordinance TO Amend and Reordain Section 107 of the City Zoning Ordinance Pertaining to Amendments to the City Zoning Ordinance, Zoning District Boundaries, and Zoning District Classifications of Property. BACKGROUND /DETAILS OF PROPOSAL On November 27, 2012, the City Council passed a Resolution referring the attached amendments to Section 107 of the City Zoning Ordinance to the Planning Commission for its consideration and recommendation. Section 107 provides the requirements for amending the City Zoning Ordinance, including the ability to withdraw a petition (as in an amendment to the Zoning Map through a Change of Zoning), public notice requirements, and the procedure for proffer submission and review. A reading of Section 107 as currently written should reveal to the reader, as it has to City staff, that the wording is difficult to understand in places, and moreover, in many cases, the described processes are outdated. The proposed amendments to Section 107 are summarized below. The attached copy of the amendments also provides additional "Comments" at various points of the ordinance that further explain the changes and the reasons for those changes: Section 107(a) (Lines 22 through 341: • Clarifies that this section applies to an application that requests the modification of the conditions of a previously approved rezoning as well as a new application for a rezoning. • Updates the terminology used in the section. While the term "application" is more commonly used than the term "petition," the latter term is retained since it is the term utilized in the Virginia Code. Section 107(b) • [Lines 44 through 521: The amended text eliminates language that needlessly restricted the City Council's authority to allow an application to be withdrawn. Under the amended version, the City ~ ~ Council may allow an applicant to withdraw an application for any reason. The proposed ~~ CITY OF VIRGINIA BEACH /Section 107 Amendments Agenda Item 16 ~_~~- ~i Page 1 ~~` ~: I ~'~ a ~s ordinance, however, would require that, in order to be able to seek a withdrawal of an application, the applicant must notify the City Clerk by letter or e-mail of its intent to seek a withdrawal, and such letter or e-mail must be received by no later than noon on the day before the City Council meeting. The purpose of this requirement is to allow the Staff enough time to notify interested persons of an impending request for a withdrawal sufficiently in advance of the Council meeting to enable those persons to plan accordingly. It is the Staff's view that the deadline for notifying the City Clerk leaves ample time both for the applicant to have decided a course of action (proceeding forward vs. seeking withdrawal) and for persons that either support or oppose the application to be notified by Staff of the applicant's intentions and act accordingly. jLines 52 through 611: Under the current Section 107, if an application is denied by City Council, "substantially the same" application cannot be filed within one (1) year of the date of its denial. While this rule would remain in effect, the proposed amendments completely rewrites the standards for determining whether an application is "substantially the same" as an application that was previously denied. Under the current section, an application is "substantially the same" as a prior application that has been denied if the new application is for a zoning district classification appears in the same Article of the City Zoning Ordinance (CZO) as the denied application. Thus, because Article 5 of the CZO contains all of the city's Residential Zoning Districts (from R-2.5 to R-40), an application to rezone property to R-2.5 Residential Townhouse for the purpose of allowing 100 townhouses on 10 acres of land would be considered `substantially the same' as an application that seeks to rezone property to R-40 Residential for the purpose of allowing 10 single-family dwellings on those same 10 acres. Since the applications are `substantially the same,' if one was denied, the other one could not be considered by the City Council for one year after the denial of the other even though, in fact, there is little similarity between the two applications. The proposed amendment would improve the method of determining if one rezoning application is `substantially the same' as another by introducing a number of considerations that the Planning Director will use to determine whether the two applications are 'substantially the same.' Those considerations include examining the differences in the zoning district classifications sought, the nature and density or intensity of the proposed use, site design, site layout, traffic, noise, and other potential impacts, measures to mitigate such impacts, and such other factors as he or she determines to be relevant to such determination. Staff believes that these factors are far more indicative of similarity (or lack thereof) than the current method based on nothing more than the Article of the CZO in which a zoning district is listed. Section 107(c) [Lines 77 through 881: • The amended version simply restates Virginia law pertaining to public notice, but the revised text is included as a ready reminder of the requirement for Staff drafting the public notices regarding rezoning applications. Section 107(d) (Lines 96 through 1121: Language has been added clarifying that an applicant may withdraw an application as a matter of right (i.e., without Planning Commission approval) at any time before the Planning Commission commences its public hearing on the application. The revisions also expand the present requirement that an applicant must pay the costs of a new advertisement of his or her application if he or she has failed to follow proper procedures. The proposed amended version would require that, if a deferral is requested by the applicant (for any CITY OF VIRGINIA BEACH /Section 107 Amendments Agenda Item 16 Page 2 ...~ ~ fi'~~a ~~i reason), he or she would also be responsible for the cost of the advertisement for the next public hearing at which the application would be considered, including the cost of mailing notices to adjacent property owners, etc. Currently, the application fee includes the cost of public notice for both the Planning Commission and City Council public hearings, each of which hearings must be advertised by publication two times in the newspaper and by the mailing of written notices to persons, as specified in Section 15.2-2204 of the Virginia Code. When an application is deferred indefinitely, the newspaper notice must be published again and the written notices must be mailed again to the adjacent property owners. It is the Staff's position that if the applicant is the party that asks for a deferral, he or she should be responsible for the cost of public notices required by the deferral; otherwise, the cost must be paid out of public funds. It is to be noted that this proposed requirement currently applies to applicant-requested deferrals of applications before the Board of Zoning Appeals; thus, there is no new precedent being established by adoption of this requirement. Section 107(f)(1) fLines 141 through 1581: The revisions to this section incorporate legal requirements that are implicit, although not expressly stated, in the Virginia Code, to the effect that any changes in a proposed CZO amendment must be 'fairly encompassed' within the descriptive summary (i.e., the language used in the newspaper advertisement) of the proposed amendment. A requirement contained in the current ordinance that the City Council must refer a matter back to the Planning Commission in certain cases has been deleted. Thus, the City Council will be provided greater leeway to act on a rezoning application without having to refer it back to the Planning Commission. The decision as to whether to refer the application back to the Planning Commission will be at the discretion of the City Council. Section 107(f)(2) (Lines 170 through 1951: The proposed revision to this section increases from 21 to 30 days the time within which the City Council may initiate reconsideration of an application that has been denied by reason of a tie vote. This change is needed in light of the fact that the number of City Council meetings per month at which a vote is taken has decreased to only two such meetings. Also pertaining to applications that are denied by the City Council, the proposed revisions to this section provide that if an application is denied by the City Council and is thereafter substantially changed, the application must be referred back to the Planning Commission prior to final action by the City Council. The purpose of this revision is to ensure that any substantial changes to an application after a denial are given proper consideration and recommendation by the Planning Commission, since such changes would not otherwise have been reviewed by the Planning Commission. Moreover, the revision is intended to encourage applicants not to use the reconsideration process as a 'fallback procedure' in the event the City Council denies the application, but instead to bring forward development proposals that are of high quality from the outset. Section 107(g) and (h) fLines 208 through 5851: • The proposed revisions to subsection (g) and (h), pertaining to conditional zoning procedures, are for the most part stylistic and technical. The revisions consist of (a) deleting unnecessary language in the current ordinance section that is also in the Virginia Code, (b) breaking up the longer provisions into segments and placing some of them elsewhere in Section 107, and (c) updating the terminology used. The more substantive revisions are discussed below. CITY OF VIRGINIA BEACH /Section 1 Amendments genda Item 16 Page 3 W .~-. <~ , ~m ..,,> ~. o Lines 373 through 3771: The specific matters the Planning Director is required to address in his or her report to the Planning Commission are deleted, and general language is substituted. o fLines 449 through 4581: The proposed revisions change the date by which the applicant must submit a Conditional Zoning Agreement (proffers) that he or she has modified after its original submission. The current ordinance provides that modifications to the proffers of the Agreement may be submitted 10 days prior to the Planning Commission hearing. The proposed amendment increases that number to 21 days prior to the Planning Commission meeting. The current, as well as the proposed revision to this section, requires that a Conditional Zoning Agreement (commonly referred to as a "proffer agreement") must be submitted with the application for rezoning. Frequently, however, as a result of review comments by City agencies, concerns or comments from surrounding property owners, or even new site data obtained by the applicant, the proffer agreement is subsequently modified by the applicant prior to the Planning Commission hearing. The increase in review time from 10 to 21 days is necessary for the Staff to adequately review and comment upon the proffer modifications, as the written reports prepared by the Planning Department must be completed well before the actual meeting date (a 10-day submission deadline currently provides Staff with one day of review of the modified proffer agreement prior to due date of the written report containing Staff's evaluation of the rezoning application and recommendations). o fLines 506 through 5431: The amendments also address a provision that is necessary but which has never been used since it was adopted almost 25 years ago. The amendments provide that in the event the City Attorney determines that the ownership of the property that has been conditionally rezoned has been materially changed, and the change may adversely affect the City's interest, he or she would no longer be required to notify the applicant that the Conditional Zoning Agreement will not be recorded with the Clerk of the Circuit Court and that the rezoning will be rescinded unless the applicant appeals to the City Council. Instead, the City Attorney would only be required to inform the City Council in writing, and any member of the City Council may then initiate a reconsideration of the item within 30 days of the City Attorney's notice. This revision would greatly streamline the reconsideration process in the unlikely event of a material and adverse change in the ownership of a rezoned property. Since the City Council has the authority to reconsider the application, the City's interests are, therefore, protected. Regardless, because proffered conditions run with the land (i.e., are binding upon subsequent owners), any change in ownership that would be adverse to the City would be extremely rare. o fLines 557 through 5631: The amendments state existing law to the effect that an approved Conditional Zoning Agreement does not need to be recorded with the Clerk of the Circuit Court in order to be effective. The recordation of the Agreement is merely for the convenience of those who, in the future, may wish to purchase such a property. Section 107(i) fLines 593 through 6051: The amendments to this section allow the City Council to accept proffers that reasonably deviate from the setback, landscaping, and minimum lot area requirements, and height restrictions of the zoning district requirements of the CZO (except where height presents a hazard to air navigation) upon a finding that there will be no significant detrimental effects on surrounding properties. Additionally, such deviations may not conflict with the Comprehensive Plan. This added language is substantially the same as the language giving the City Council similar authority when considering Conditional Use Permit applications. While this amendment would have affect ;.~; throughout the city, it is especially needed in order to allow discretionary development in Strategic Growth Areas (SGAs) to conform to the urban form that, while contemplated by the SGA Plans, is not allowed by the corresponding provisions of the City Zoning Ordinance. For example, the majority of the various SGA Plans contemplate that new development be placed closer to the street (e.g., five-foot setback) than typical suburban-style development; at the same time, however, required front-yard setbacks in most Business Districts are between 30 and 35 feet. The amended ordinance would allow the City Council to approve setbacks appropriate to the respective SGA Plan, as well as allowing deviations to other features as noted above. Until implementing ordinances for the various SGAs are adopted, this provision is the only solution to the current dichotomy between the SGA Plans and the Zoning Ordinance's dimensional regulations that is workable and also subject to direct City Council review. EVALUATION AND RECOMMENDATION The proposed amendments to Section 107 of the Zoning Ordinance will significantly revise an important portion of the Zoning Ordinance that is in need of revision. There has been no comprehensive revision to this section since the last comprehensive revision of the entire Zoning Ordinance in 1988. Accordingly, the attached amendments are proposed for the purpose of making the regulations more readable, more useful (to both City staff and the applicant), and more rational. Staff recommends approval of the proposed amendments. ~,, .,~._ CITY OF VIRGINIA BEACH /Section 107 Amendments Agenda Item 16 Page 5 Item #16 City of Virginia Beach An Ordinance TO Amend and Reordain Section 107 of the City Zoning Ordinance Pertaining to Amendments to the City Zoning Ordinance, Zoning District Boundaries, and Zoning District Classifications of Property January 9, 2013 On November 27, 2012, the City Council passed a Resolution referring the attached amendments to Section 107 of the City Zoning Ordinance to the Planning Commission for its consideration and recommendation. Section 107 provides the requirements for amending the City Zoning Ordinance, including the ability to withdraw a petition (as in an amendment to the Zoning Map through a Change of Zoning), public notice requirements, and the procedure for proffer submission and review. A reading of Section 107 as currently written should reveal to the reader, as it has to City staff, that the wording is difficult to understand in places, and moreover, in many cases, the described processes are outdated. The proposed amendments to Section 107 are summarized below. The attached copy of the amendments also provides additional "Comments" at various points of the ordinance that further explain the changes and the reasons for those changes: Section 107(a) (Lines 22 through 341: • Clarifies that this section applies to an application that requests the modification of the conditions of a previously approved rezoning as well as a new application for a rezoning. • Updates the terminology used in the section. While the term "application" is more commonly used than the term "petition," the latter term is retained since it is the term utilized in the Virginia Code. Section 107(b) LLines 44 through 521: The amended text eliminates language that needlessly restricted the City Council's authority to allow an application to be withdrawn. Under the amended version, the City Council may allow an applicant to withdraw an application for any reason. The proposed ordinance, however, would require that, in order to be able to seek a withdrawal of an application, the applicant must notify the City Clerk by letter ore-mail of its intent to seek a withdrawal, and such letter ore-mail must be received by no later than noon on the day before the City Council meeting. The purpose of this requirement is to allow the Staff enough time to notify interested persons of an impending request for a withdrawal sufficiently in advance of the Council meeting to enable those persons to plan accordingly. It is the Staff's view that the deadline for notifying the City Clerk leaves ample time both for the applicant to have decided a course of action (proceeding forward vs. seeking withdrawal) and for persons that either support or oppose the application to be notified by Staff of the applicant's intentions and act accordingly. Item #16 City of Virginia Beach Page 2 [Lines 52 through 611: Under the current Section 107, if an application is denied by City Council, "substantially the same" application cannot be filed within one (1) year of the date of its denial. While this rule would remain in effect, the proposed amendments completely rewrites the standards for determining whether an application is "substantially the same" as an application that was previously denied. Under the current section, an application is "substantially the same" as a prior application that has been denied if the new application is for a zoning district classification appears in the same Article of the City Zoning Ordinance (CZO) as the denied application. Thus, because Article 5 of the CZO contains all of the city's Residential Zoning Districts (from R-2.5 to R-40), an application to rezone property to R-2.5 Residential Townhouse for the purpose of allowing 100 townhouses on 10 acres of land would be considered `substantially the same' as an application that seeks to rezone property to R-40 Residential for the purpose of allowing 10single-family dwellings on those same 10 acres. Since the applications are 'substantially the same,' if one was denied, the other one could not be considered by the City Council for one year after the denial of the other even though, in fact, there is little similarity between the two applications. The proposed amendment would improve the method of determining if one rezoning application is `substantially the same' as another by introducing a number of considerations that the Planning Director will use to determine whether the two applications are `substantially the same.' Those considerations include examining the differences in the zoning district classifications sought, the nature and density or intensity of the proposed use, site design, site layout, traffic, noise, and other potential impacts, measures to mitigate such impacts, and such other factors as he or she determines to be relevant to such determination. Staff believes that these factors are far more indicative of similarity (or lack thereof) than the current method based on nothing more than the Article of the CZO in which a zoning district is listed. Section 107(c) [Lines 77 through 881: • The amended version simply restates Virginia law pertaining to public notice, but the revised text is included as a ready reminder of the requirement for Staff drafting the public notices regarding rezoning applications. Section 107(d) [Lines 96 through 1121: Language has been added clarifying that an applicant may withdraw an application as a matter of right (i.e., without Planning Commission approval) at any time before the Planning Commission commences its public hearing on the application. The revisions also expand the present requirement that an applicant must pay the costs of a new advertisement of his or her application if he or she has failed to follow proper procedures. The proposed amended version would require that, Item #16 City of Virginia Beach Page 3 if a deferral is requested by the applicant (for any reason), he or she would also be responsible for the cost of the advertisement for the next public hearing at which the application would be considered, including the cost of mailing notices to adjacent property owners, etc. Currently, the application fee includes the cost of public notice for both the Planning Commission and City Council public hearings, each of which hearings must be advertised by publication two times in the newspaper and by the mailing of written notices to persons, as specified in Section 15.2-2204 of the Virginia Code. When an application is deferred indefinitely, the newspaper notice must be published again and the written notices must be mailed again to the adjacent property owners. It is the Staff's position that if the applicant is the party that asks for a deferral, he or she should be responsible for the cost of public notices required by the deferral; otherwise, the cost must be paid out of public funds. It is to be noted that this proposed requirement currently applies to applicant-requested deferrals of applications before the Board of Zoning Appeals; thus, there is no new precedent being established by adoption of this requirement. Section 107(f)(1) (Lines 141 through 1581: The revisions to this section incorporate legal requirements that are implicit, although not expressly stated, in the Virginia Code, to the effect that any changes in a proposed CZO amendment must be `fairly encompassed' within the descriptive summary (i.e., the language used in the newspaper advertisement) of the proposed amendment. A requirement contained in the current ordinance that the City Council must refer a matter back to the Planning Commission in certain cases has been deleted. Thus, the City Council will be provided greater leeway to act on a rezoning application without having to refer it back to the Planning Commission. The decision as to whether to refer the application back to the Planning Commission will be at the discretion of the City Council. Section 107(f)(2) [Lines 170 through 1951: The proposed revision to this section increases from 21 to 30 days the time within which the City Council may initiate reconsideration of an application that has been denied by reason of a tie vote. This change is needed in light of the fact that the number of City Council meetings per month at which a vote is taken has decreased to only two such meetings. Also pertaining to applications that are denied by the City Council, the proposed revisions to this section provide that if an application is denied by the City Council and is thereafter substantially changed, the application must be referred back to the Planning Commission prior to final action by the City Council. The purpose of this revision is to ensure that any substantial changes to an application after a denial are given proper consideration and recommendation by the Planning Commission, since such changes would not otherwise have been reviewed by Item #16 City of Virginia Beach Page 4 the Planning Commission. Moreover, the revision is intended to encourage applicants not to use the reconsideration process as a `fallback procedure' in the event the City Council denies the application, but instead to bring forward development proposals that are of high quality from the outset. Section 107(g) and (h) [Lines 208 through 5851: The proposed revisions to subsection (g) and (h), pertaining to conditional zoning procedures, are for the most part stylistic and technical. The revisions consist of (a) deleting unnecessary language in the current ordinance section that is also in the Virginia Code, (b) breaking up the longer provisions into segments and placing some of them elsewhere in Section 107, and (c) updating the terminology used. The more substantive revisions are discussed below. o [Lines 373 through 3771: The specific matters the Planning Director is required to address in his or her report to the Planning Commission are deleted, and general language is substituted. o [Lines 449 through 4581: The proposed revisions change the date by which the applicant must submit a Conditional Zoning Agreement (proffers) that he or she has modified after its original submission. The current ordinance provides that modifications to the proffers of the Agreement may be submitted 10 days prior to the Planning Commission hearing. The proposed amendment increases that number to 21 days prior to the Planning Commission meeting. The current, as well as the proposed revision to this section, requires that a Conditional Zoning Agreement (commonly referred to as a "proffer agreement") must be submitted with the application for rezoning. Frequently, however, as a result of review comments by City agencies, concerns or comments from surrounding property owners, or even new site data obtained by the applicant, the proffer agreement is subsequently modified by the applicant prior to the Planning Commission hearing. The increase in review time from 10 to 21 days is necessary for the Staff to adequately review and comment upon the proffer modifications, as the written reports prepared by the Planning Department must be completed well before the actual meeting date (a 10-day submission deadline currently provides Staff with one day of review of the modified proffer agreement prior to due date of the written report containing Staff's evaluation of the rezoning application and recommendations). o Lines 506 throu hc~5431: The amendments also address a provision that is necessary but which has never been used since it was adopted almost 25 years ago. The amendments provide that in the event the City Attorney determines that the ownership of the property that has been conditionally rezoned has been materially changed, and the change may adversely Item #16 City of Virginia Beach Page 5 affect the City's interest, he or she would no longer be required to notify the applicant that the Conditional Zoning Agreement will not be recorded with the Clerk of the Circuit Court and that the rezoning will be rescinded unless the applicant appeals to the City Council. Instead, the City Attorney would only be required to inform the City Council in writing, and any member of the City Council may then initiate a reconsideration of the item within 30 days of the City Attorney's notice. This revision would greatly streamline the reconsideration process in the unlikely event of a material and adverse change in the ownership of a rezoned property. Since the City Council has the authority to reconsider the application, the City's interests are, therefore, protected. Regardless, because proffered conditions run with the land (i.e., are binding upon subsequent owners), any change in ownership that would be adverse to the City would be extremely rare. o (Lines 557 through 5631: The amendments state existing law to the effect that an approved Conditional Zoning Agreement does not need to be recorded with the Clerk of the Circuit Court in order to be effective. The recordation of the Agreement is merely for the convenience of those who, in the future, may wish to purchase such a property. Section 107(i) (Lines 593 through 6051: The amendments to this section allow the City Council to accept proffers that reasonably deviate from the setback, landscaping, and minimum lot area requirements, and height restrictions of the zoning district requirements of the CZO (except where height presents a hazard to air navigation) upon a finding that there will be no significant detrimental effects on surrounding properties. Additionally, such deviations may not conflict with the Comprehensive Plan. This added language is substantially the same as the language giving the City Council similar authority when considering Conditional Use Permit applications. While this amendment would have affect throughout the city, it is especially needed in order to allow discretionary development in Strategic Growth Areas (SGAs) to conform to the urban form that, while contemplated by the SGA Plans, is not allowed by the corresponding provisions of the City Zoning Ordinance. For example, the majority of the various SGA Plans contemplate that new development be placed closer to the street (e.g., five-foot setback) than typical ~~, i suburban-style development; at the same time, however, required front-yard setbacks in most Business Districts are between 30 and 35 feet. The amended ordinance would allow the City Council to approve setbacks appropriate to the ~~ respective SGA Plan, as well as allowing deviations to other features as noted above. Until implementing ordinances for the various SGAs are adopted, this provision is the only solution to the current dichotomy between the SGA Plans ~'' and the Zoning Ordinance's dimensional regulations that is workable and also ~'~ subject to direct City Council review. „i ~~ "'''', I Item #16 City of Virginia Beach Page 6 AYE 10 BERNAS NAY 0 ABS 0 ABSENT 1 ABSENT FEl_TON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 16 by consent. Deputy City Attorney Bill Macali appeared before the Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AMEND SECTION 107 OF THE CITY ZONING ORDINANCE, PERTAINING TO AMENDMENTS TO THE CITY ZONING ORDINANCE, ZONING DISTRICT BOUNDARIES, AND ZONING DISTRICT CLASSIFICATIONS OF PROPERTY Section Amended: City Zoning Ordinance 107 WHEREAS, the public necessity, convenience, general welfare, and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 That Section 107 of the City Zoning Ordinance, pertaining to amendments to the City 16 Zoning Ordinance, zoning district boundaries, and zoning district classifications of property, is 17 hereby amended and reordained, to read as follows: 18 19 ARTICLE 1. GENERAL PROVISIONS 20 .. 21 Sec. 107. Amendments. 22 (a) Initiation. Whenever the public necessity, convenience, general welfare, or good 23 zoning practice requires, the city council may by ordinance, amend, supplement, or change the 24 regulations, district boundaries, or zoning district classifications of property. Any such 25 .+mon~mon+ action may be initiated by resolution of the city council, or by motion of the 26 planning commission, or where a change of the zoning district classification of property is 27 sou ht by petition of the owner, contract purchaser with the owner's written consent, or the 28 owner's duly authorized agent therefor, of the property which is the subject of the proposed 29 change of zoning district classification, addressed to the city council. 30 In the latter case, the petition shall be addressed to city council but shall be filed with the 31 director of planning. The director shall +r^n cause the petition to be placed 32 on the agenda of the planning commission #e~-res For purposes of this section, 33 a change of zoning district classification shall be deemed to include modifications of the 34 conditions of a conditional change of zoning district classification pursuant to subdivision (h). 35 36 37 COMMENT 38 39 The amendments: (1) clarify that the section applies to modifications of conditional rezoning as well 40 as original rezoning applications; and (2) update the terminology used in the section. The term "petition" 41 (as opposed to the more commonly used term "application") is retained, however, as "petition" is the term 42 utilized in the Virginia Code. 43 44 (b) Withdrawal of petition. ~F#ere The ci1:y council 45 46 47 ~et+tie+~-}t may allow withdrawal of a petition for an a change of 48 zoning district classification at any time prior to votiing on such petition provided however, that 49 the applicant shall notify the city clerk, by letter or electronic mail, that it intends to seek to 50 withdraw the petition. Such notification shall be received by the city clerk no later than noon on 51 the working day next preceding the public hearing In the event such notification is not timely 52 made no withdrawal shall be allowed by the city council. However, if #~e such petition is 53 denied by city council, substantially the same petition shall not be filed within one (1) year of 54 the date of denial. 55 56 ra,~,~-a~:ole--~s-~" +" + ~~'~ "'°' '^~'-~`~°n~°~ The planning director shall 57 determine whether a new petition is substantially the same as the petition denied by the city 58 council taking into consideration the differences in the zoning district classifications sought, 59 the nature and density or intensity of the proposed use site design site layout, traffic, noise, 60 and other potential impacts measures to mitigate such impacts and such other factors as he 61 determines to be relevant to such determination. 62 63 64 65 COMMF,NT 66 67 The amendments: (1) allow the City Council to allow an application to be withdrawn for any reason 68 deemed suitable by the City Council, but require that the applicant notify the City Clerk of its intent to 69 seek a withdrawal by letter or a-mail received by noon the day before the CC meeting (Lines 47-52); and 70 (2) rewrite the criteria for determining whether a subsequently filed application is "substantially the same" 71 as an application that has previously been denied by the City Council (Lines 57-61). 72 73 Stylistic changes having no substantive effect are also made. 74 75 76 2 77 (c) Planning commission action; notice of public hearing. Before making any 78 recommendation on a proposed amendment, the planning commission shall give notice of a 79 public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as amended, 80 or any successor statute; provided, however, that written notice as prescribed therein shall be 81 given at least fifteen (15) days prior to the hearing and in the case of a condominium or a 82 cooperative, the written notice may be mailed to the unit owners' association or proprietary 83 lessees' association, respectively, in lieu of each individual owner. In the case of a proposed 84 change of zoning district classification the public notice shall state the general usage and 85 density range of the proposed zoning district classification and the general usage and density 86 range if any set forth in the applicable part of the comprehensive plan provided, however, 87 that where a conditional change of zoning_is sought the public notice shall state the proposed 88 uses and density sought in the petition. 89 90 COMMENT 91 92 The amendments restate Virginia Code requirements for the descriptive summaries that must be 93 advertised in a local newspaper as part of a rezoning application (Lines 83-88). Technical changes are also 94 added. 95 96 (d) Planning commission hearing; action following hearing. Unless the p~epesaf 97 etp ition is withdrawn before the public hearing, the public 98 hearing shall be held at the time and place announced; provided, however, that if the public 99 hearing or a decision to approve or deny the petition, is a~ deferred indefinitely, new 100 public notice shall be issued as for the original notice. The applicant shall have the right to 101 withdraw any petition prior to the commencement of the public hearing on the petition, without 102 further action as otherwise would be required by this section. In the event the public hearing is 103 postponed to a date certain announced at the meeting at which the petition was scheduled to 104 be heard the public hearing on such date certain shall not be required to be readvertised, but 105 written notice of the public hearing shall be re-mailed to those persons entitled to such notice. 106 If the deferral is at the request of the applicant or die necessary by reason of to 107 the applicant's failure to properly follow applicable procedures, including_the posting of signs as 108 required by Section 108, the cost of new public notice including the costs of 109 readvertisement and mailing of written notice, shall be at the applicant's expense. Following 110 each the public hearing, the commission shall by motion adopt its recommendation, which may 111 include changes in the original proposal, as allowed by law, and shall transmit such 112 recommendations to city council. 113 114 115 3 116 COMMENT 117 118 The amendments: (1) restate Virginia Code requirements regarding public notice of public 119 hearings on zoning applications (Lines 96-100 and 102-105); (2) make it clear that an application before the 120 Planning Commission may be withdrawn by the applicant as a matter of right before the Commission 121 commences the public hearing on the application (Lines 100-102); (3) require the applicant to pay the costs 122 of providing new public notice when an application is deterred at its request (Lines 106-109). These costs 123 include the cost of the public notice in the local newspaper (which must be published two times before both 124 the Planning Commission and City Council public hearings) and the cost of written notices to the adjacent 125 property owners and others to whom the Virginia Code requires such notice to be given, but do not include 126 the original application fee, which need not be paid again. 127 128 Technical changes having no substantive effect are also made. 129 130 (e) Action by city council; notice of up blic hearing. Before 131 takin any ^rr,°^,+m°^+ action pursuant to this section, notice of a public 132 hearing thereon, as required by law Virginia Code Section 15.2-2204 or any successor 133 statute shall be given as set forth in subsection (d). 134 135 COMMENT 136 137 The amendments make technical changes having no substantive effect. 138 139 (f) City council ~earfpg action ~ ;reconsideration. 140 141 ~ The public hearing shall be held at the time and place announced. Following the 142 hearing, c~ council may make such changes to the recommendation of the planning 143 commission as it deems appropriate, as allowed by law 144 "m°n.Jm°n+c~~ provided, however, that ~ no additional land may be rezoned to a different 145 classification than was contained in the public notice; a~ ii no land may be rezoned to a less 146 restrictive classification without new notice and hearing and (iii) no amendment to the 147 regulations shall be made unless such amendment was fairly encompassed by the descriptive 148 summary of such amendment contained in the advertisement thereof. ~~T~T~o 149 150 ~ , 151 ~ , 152 Nothing herein shall be 153 construed as prohibiting the city council from referring any petition, including a petition that is 154 the subject of reconsideration pursuant to subdivision (2), back to the planning commission for 155 further study and recommendation ~w"~~e~t-dew c °n~~ ^"° ~e-r~a~'° ~n +"° n°+;+,^n +„ "° 4 156 ~~b~ar~t+,~l in the event the city council deems such action necessary or advisable. ~ 157 158 159 160 COMMENT 161 162 The amendments: (1) incorporate legal requirements that are implicit, although not expressly 163 stated, in the Virginia Code, to the effect that any changes in a proposed Code amendment must be fairly 164 encompassed within the descriptive summary of the proposed amendment (Lines 146-148); (2) allow the 165 City Council greater leeway to act on a rezoning application without having to refer it back to the Panning 166 Commission (Lines 148-152), while preserving its current authority to do so under any circumstances it 167 deems appropriate (Lines 152-156). 168 169 170 ~ An affirmative vote of a majority of the members of the city council present and 171 voting shall be required to amend the zonin ordinance or to grant any change of zoning 172 district classification. A tie vote shall be deemed a denial of the proposed amendment; 173 provided, however, that in the event of a tie vote on a petition for a change of zoning district 174 classification due to the absence of one or more members of the city council, any member e# 175 si~E+l may, b rLmotion, initiate reconsideration of the eta ition within 176 +~°^+~~ ^^° ~"'~` thin 30 days t#eree# of such tie vote. A motion to 177 reconsider a vote resulting in approval or denial of a petition other than by reason of a tie vote, 178 may be +r~+t+afed made within thirty (30) days t~ieree# of the date of approval or denial by any 179 c~ council member on the prevailing side of sa+d such vote. If citycouncil determines, by an 180 affirmative vote of its members present and voting to grant reconsideration of a petition, a new 181 public hearing shall be advertised in accordance with subsection (e) and a sign shall be posted 182 as required by section 108 No petition that has been denied shall be granted upon 183 reconsideration thereof where the proposed uses density intensity site layout, building design 184 or any other significant characteristics of the petition are substantially changed after the denial 185 that is the subject of such reconsideration unless the petition is referred back to the planning 186 commission for its review and recommendation prior to final action by the city council. ~4 187 188 189 ~ , , 190 , 191 , 192 193 ~ , 194 195 5 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 COMMENT The amendments: (1) increase the time within which the City Council may initiate reconsideration of a denial of an application by reason of a tie vote from 21 to 30 days (Line 176); (2) provide that if an application is denied by the City Council and is thereafter substantially changed, the application must be referred back to the Planning Commission prior to final action by the City Council (Lines 182-186); and (3) eliminate the rules set forth in this subsection regarding modifications of previously approved conditions in light of the fact that subsection (a) provides that applications for modification of conditions are to be treated the same as original applications (Lines 186-195). Other changes are stylistic in nature and do not have substantive effect. (g) Fee. A petition to amend, supplement or change the district boundaries; or classification of property shall be accompanied by a fee in the amount of nine hundred dollars ($900.00), plus ten dollars ($10.00) per acre for each acre or part thereof over one hundred (100) acres. A petition of any property owner for a reconsideration of proffered conditions shall be accompanied by a fee in the amount of two hundred dollars ($200.00). (h) Conditional zoning. {-~-} . COMMENT The amendments delete unnecessary language regarding the purpose of conditional zoning that was first adopted when conditional zoning was first authorized by the Virginia Code and was used infrequently. 6 235 Since then, it has become the predominant form of rezoning and is well-understood by Staff, the City 236 Council, the Planning Commission and applicants 237 238 {-~}~ Criteria for proffers. Drrrv~ Proffered conditions shall 239 ~ei~}t+ +ho ro~,,.,;ny if +ho~ meet the following criteria: -~, ~z~, „ 240 (1) the rezoning itself must give rise for the need for the condition; (2) such 241 conditions shall have a reasonable relation to the rezoning; (3) atl such 242 conditions shall be in conformity with the comprehensive plan and 4 243 such conditions shall not be prohibited by the provisions of Virginia Code 244 Section 15 2-2298 or anYsuccessor statute or other applicable law. 245 > 246 247 248 249 250 251 , 252 253 254 255 256 257 258 259 260 , 261 262 263 264 265 266 , 267 268 269 270 COMMENT 271 272 The amendments streamline this section by eliminating language that is rarely used; the deletion of 273 this language has no substantive effect in light of the fact that it is contained in the Virginia Code; other 274 changes are technical in nature. 7 275 27g {~}~ Proffers which include the dedication of real property or payment of cash. 277 In the event proffered conditions include the dedication of real property or 278 payment of cash, such property shall not transfer and such payment of 279 cash shall not be made until the facilities for which such property is 280 dedicated or cash is tendered are included in the capital improvement 281 program, provided that nothing herein shall prevent the city from accepting 282 proffered conditions which are not normally included in such capital 283 improvement program. If proffered conditions include the dedication of 284 real property or the payment of cash, the proffered conditions shall provide 285 for the disposition of such property or cash payment in the event the 286 property or cash payment is not used for the purpose for which proffered. 287 Nothing in this section shall be construed to affect or impair the authority 288 of the city council to accept proffered conditions which include provisions 289 for timing or phasing of dedications, payments or improvements or to 290 impose or accept conditions of conditional use permits. In the event 291 proffered conditions include the dedication of real property or payment of 292 cash which is not to be made until the facilities for which such property is 293 dedicated or cash is tendered are included in the capital improvement 294 program, the city attorney shall advise the planning commission, and the 2g5 city council of the adequacy of provisions securing to the city the timely 296 performance of such conditions. 297 298 COMMENT 299 300 Although this language is also in the Va. Code, and therefore could be deleted without substantively 301 changing the section, it is retained in this subsection because, it is so fundamental a rule as to merit keeping 302 it in the City Zoning Ordinance. 303 304 305 {4}~ Legal form of p~sffer proffered conditions. All proffers shall be ~g set 306 forth in a conditional zoning agreement, prepared by an attorney licensed 307 to practice law in the Commonwealth of Virginia, and shall be in a form 308 suitable for recordation in the deed books maintained by the clerk of the 309 circuit court of the City of Virginia Beach. No 310 conditional zoning 311 agreement shall be considered by the planning commission or city council 312 unless and until such agreement has been approved by the city attorney 8 313 as to legal form and sufficiency, including suitability for recordation by the 314 clerk of the circuit court. 315 316 COMMENT 317 318 The amendments are technical in nature; in particular, they distinguish between "proffers," which 319 are individual conditions of rezoning, and "conditional zoning agreements," which are the documents that 320 contain the proffers. 321 322 323 ~~ Title certificate. Each conditional zoning petition shall be accompanied by 324 a certificate of title, prepared and signed by an attorney licensed to 325 practice law in the Commonwealth of Virginia. The title certificate shall 326 describe the property that is the subject of the petition and shall identify all 327 parties having a recorded interest in the property, including legal and 328 equitable owners, and shall state the source of title or interest for each 329 party. The certificate of title shall state the date through which the attorney 330 examined the title to the property, which date shall not be more than six 331 (6) months prior to the date of the filing of the petition. The city attorney 332 shall reject any certificate of title which, in his opinion, is incomplete or is 333 otherwise insufficient. 334 335 {~~ Parties to the ~e##e~ conditional zoning_ agreement. The very 336 ~ra#e~ conditional zoning agreement shall name, as grantors, all owners 337 of the property and shall be signed by all such parties. In the event that 338 the applicant for the rezoning is a contract purchaser, such purchaser 339 shall also be Made a party to the ~e##e~ agreement, as a grantor-a~-st~a-41 340 ~+g~-~a~e. The 341 city attorney to ma require that any additional person; 342 or business entity be made a party a~ad 343 g,~, +"° r,rnff°r to the agreement, when, in his opinion, the inclusion of 344 such person, ~ or entity is necessary or 345 appropriate in order to protect the city's interest, and may . "'^r °"-," +"° 346 347 require that the p~ef#e~ agreement be approved by a court of competent 348 jurisdiction ' when 349 #~e such approval of the court is, in his opinion, necessary. 350 351 9 352 COMMENT 353 354 The amendments are technical in nature; in particular, they distinguish between "proffers," which 355 are individual conditions of rezoning, and "conditional zoning agreements," which are the documents that 356 contain the proffers. 357 358 {7)~ Procedure (planning commission) 359 360 (a) Any r~;i~g applicant fora change of zoning district classification 361 may submit a 362 conditional zoning agreement containing 363 proffered conditions of such change of zoning district classification 364 ~et+fis~. Such wFt++nn nrnffnrc agreement, together with the title 365 certificate ~°..r'rihor! .r, _„h_on+;n„ `.~~, shall be submitted to the 366 planning director a~-pa~-ef with the a~e~ petition for change 367 of zoning district classification. 368 369 , 370 371 372 373 f+nr ;-oce;n+ of +hn nrnfforc +h° The planning director shall include, 374 in his report to the planning commission such commentary on the 375 individual or collective proffers contained in the agreement as will 376 assist the planning commission and city council in determining the 377 appropriate action to take on the petition 378 379 380 381 382 383 384 385 386 387 ; 388 10 389 390 391 392 393 394 395 396 397 ~ ' 398 399 400 401 402 403 ~ • 404 405 406 • 407 , 408 409 410 , 411 , 412 413 414 415 • 416 417 • 418 419 420 ~ ' 421 422 423 424 425 426 427 11 428 429 430 431 432 433 434 435 436 , 437 438 • 439 440 441 442 • 443 444 COMMENT 445 446 The amendments eliminate language that is either unnecessarily specific or pertains to matters that 447 are covered elsewhere in this subsection in a more readable form. 448 449 fib) In the event the applicant submits a modified conditional zoning 450 agreement containing any substantive revisions to the agreement 451 after the filing of the petition but prior to the public hearing before 452 the planning commission such petition shall not be considered by 453 the planning commission except to allow its deferral unless such 454 modified conditional zoning agreement meets the requirements of 455 this section and has been been received by the planning director no 456 later than the close of business twenty-one (21) days prior to, but 457 not including the date of the public hearing before the planning 458 commission. 459 460 COMMENT 461 462 The amendments change the date by which the applicant must submit a conditional zoning 463 agreement that he or she has substantively modified after initially submitting it from fifteen to twenty-one 464 days prior to, but not including, the date of the Planning Commission meeting. 465 466 ~c) The planning commission shall recommend to the city council 467 approval or denial of the petition and may in addition recommend 12 468 that one or more of the proffers contained in the conditional zoning 469 agreement be rejected or modified or that new proffers be added. 470 471 COMMENT 472 473 The amendments restate current law, and make it clear that the Planning Commission may 474 recommend that proffers be modified, as well as added or deleted 475 476 (-~-) (7) Procedure (city council). 477 478 ~a) Unless the application is deferred or withdrawn the city council 479 shall approve or deny the petition and may in approving the 480 petition accept all the proffers contained in the agreement or 481 accept some and reject the remainder of such proffers. No proffer 482 shall be modified or added by the city council unless such modified 483 or added proffer is contained in a conditional zoning agreement 484 meeting the requirements of this section that was received by the 485 planning director no later than the close of business ten (10) days 486 prior to but not including the date of the public hearing before the 487 city council at which the conditional zoning agreement containing 488 such proffer is considered. 489 490 COMMENT 491 492 The amendments restate current provisions in this section in a more readable form. 493 494 fib) The procedure for the consideration of petitions for conditional 495 change of zoning district classification shall in all other respects be 496 as set forth in subsections (a) through (q). 497 498 COMMENT 499 500 The amendments make it clear that the procedure for hearing conditional zoning applications is 501 covered by the provisions relating to other types of application, except to the extent they are treated 502 differently by this subsection (subsection (h)). 503 504 (8) Recordation. 505 506 ~ If the city 507 council approves the g petition a~ ~^^ep#s +ho ,e,ri++ort 13 508 ~re#e~, the city attorney shall, within ten (10) days of the city 509 council's action, examine the appropriate records so as to 510 determine whether any material change in the ~n~T~~ ownership 511 of the property has occurred since the date of the title certificate 512 In the event that the city attorney 513 determines that no such material change ~n ',,,--„-~~t has occurred, 514 he shall+"~~~~- present the ~re##er 515 conditional zoning agreement to the clerk of the circuit court for 516 recordation. If the city attorney determines that a material change fa 517 ~n++,~m of ownership of the property has taken place, and that, in 518 his opinion, such change may adversely affect the city's interest, he 519 shall so notify the applicant and the 520 ., 521 522 523 524 525 526 527 , 528 529 530 531 532 533 534 535 s" ~-a~Td-'tee--evee-t-~T ° ~~~o~g~a~~ ° nh •~ nn 536 ~ ' 537 538 c 539 council by letter Any member of the city council may thereafter 540 move to reconsider the petition in accordance with the provisions of 541 subsection (f)' provided however that any such motion may be 542 made within thirty (30) days after the date of the notice from the city 543 attorney. 544 545 14 546 COMMENT 547 548 The amendments: (1) require City Attorney to determine whether any change in ownership of the 549 property between the City Council approval and recordation of the conditional zoning agreement in the 550 Circuit Court Clerk's Office is material; and (2) specify that the City Attorney must simply notify the City 551 Council if he determines that any change in ownership of the subject property may be detrimental to the 552 City, rather than set in motion a lengthy and complicated process that is highly unlikely to be needed in 553 light of the fact that conditions of a rezoning (i.e., proffers) run with the land so as to bind all subsequent 554 owners of the property that was rezoned. Once notified, any member of the City Council may, by motion, 555 initiate a reconsideration of the application within thirty days (Lines 539-543). 556 557 (b) The failure to record any conditional zoning agreement shall not 558 relieve the applicant or anv other person or entity who is bound by 559 the provisions of such agreement including anv successor in 560 interest to an original party to the agreement from performance of 561 the covenants or conditions contained in the agreement according 562 to their terms nor shall the failure to record any such agreement 563 affect the validity or enforceability of the action of the city council. 564 565 COMMENT 566 567 The amendments provide that the failure to record an approved conditional zoning agreement with 568 the Clerk of the Circuit Court does not affect the validity or enforceability of the City Council's approval. 569 This provisions restates existing law, which does not require that conditional zoning agreements be 570 recorded with the Clerk of the Circuit Court in order to be effective. 571 572 (9) Effect of ~eeerde~ proffers. Once accepted 573 ~.~~on+ +„ +ho ",nin„ rirrJin~nn by the city council, st~# the 574 conditions shall continue in full force and effect until a subsequent 575 amendment changes the zoning on the property covered by such 576 conditions; provided, however, that such conditions shall continue if the 577 subsequent amendment is part of the comprehensive implementation of a 578 new or substantially revised zoning ordinance. The adoption of codes or 579 amendments applicable to all or a substantial portion of any Strategic 580 Growth Area designated in the Comprehensive Plan shall not be deemed 581 to be part of a comprehensive implementation of a new or substantially 582 revised zoning ordinance. The zoning administration officer is hereby 583 vested with all necessary authority to enforce such conditions. 584 15 585 (10) Amendments to accepted proffers. No amendment shall be made to any 586 accepted proffer except in the manner of a new rezoning a~pl+satiee 587 eta ition as set forth herein. 588 589 COMMENT 590 591 The amendments make technical changes not having any substantive effect. 592 593 (i) Petitions not meeting minimum requirements. Any petition for which the 594 parcel involved or structure on the parcel does not meet the minimum area--e~ 595 dimensional ~~~is~+e~s requirements of the proposed zoning district shall be processed 596 nevertheless, but shall not be approved by the cit council unless it finds that either 597 special circumstances pertinent to the site or 598 the proposed conditions of rezoning 599 adequately offset the negative effects ;,n,~er n+ in +ho NroM nr ~imoncinno of the 600 deficiency In addition the cit rLcouncil may for good cause shown and upon a finding 601 that there will be no significant detrimental effects on surrounding properties, accept 602 proffered conditions reasonably deviating from the setback landscaping and minimum 603 lot area requirements and height restrictions except as provided in Section 202(b), 604 otherwise applicable to the proposed development No such deviation shall be in 605 conflict with the applicable provisions of the comprehensive plan. 606 607 COMMENT 608 609 The amendments allow the City Council to accept proffered conditions reasonably deviating 610 from the setback, landscaping and minimum lot area requirements and height restrictions of the 611 CZO (except as to navigation hazards) upon a finding that there will be no significant detrimental 612 effects on surrounding properties. Such deviations may not conflict with the Comprehensive Plan 613 (Lines 597-603). The added language is substantially the same as the language giving the City 614 similar authority in the context of conditional use permit applications. 615 616 Adopted by the City Council of the City of Virginia Beach on the day 617 of , 2013. 618 619 620 CA-12382 621 January 9, 2013 622 R-3 623 624 16 625 626 627 628 629 APPROVED AS TO LEGAL SUFFICIEN Y: City Attorney's Office 17 APPROVED AS TO CONTENT: K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL SESSIONS March 2013 March 5 Workshop 4:00 - 6:00 P.M. March 12 Briefing, Informal, Formal 6:00 P.M. March 19 Workshop 4:00 - 6:00 P.M. March 26 Briefing, Informal, Formal 6:00 P.M. City Manager's presentation of the FY 2013-14 Resource Management Plan 2013 CITY HOLIDAYS ~Llemorirel I)~cy - tl9orrrlat~, Mrrl' 27 lnclepenclence F1a~' - Thurs~lal~, .lulV 4 Labor I~ay - 1llonclaV, September 2 Veteratzs ~rrt' - Monrlcxy, November 11 Thanksgiving ~Uy ~ I3c~y, after Thanksgiving - Tlar~rs~lay, November 21~ & Fritlrry, November 29 Christmas Eve (laalJ=clcxy) - Tnesrlay, llecember 24 Christmas Dcry - Veclrtes~lay, December 2:S C/TY OF V/RG/N/A BEACH SUMMARY OF COUNC/L ACT/ONS R O S S DATE: 02/ 12/2013 - D H S PAGE: 1 E H A E W D S E J M S U I AGENDA A T D N O M M S H L W ITEM # SUBJECT MOTION VOTE V E Y L N O O O R S O 1 P E E E S N M I O O S H R Y S S D S N N D 1. CI`fY MANAGER'S BRIEFING A. CENTERVILLE SGA MASTER PLAN Paul Ostergaard, Vice President, Urban Design Associates II/IIl/IV/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y V/Vl-E. SESSION A A F. MINUTES -January 22, 2013 APPROVED 8-0 Y Y Y Y Y Y Y A B B Y S S T T A A I I N N E E D D G/H-1. MAYOR'S PRESENTATION Captain Stuppard Proclamation: "Ca tain Charles L. Stu and Da " [. PL!BLIC HEARING NO SPEAKERS 1. Sale of Excess City-Owned Property Pro osed 25'h Street Development J. PUBLIC COMMENT SIX(6) 1. Sustainability Plan SPEAKERS K/1 Ordinance to DECLARE parcel at 310 25's ADOPTED, BY ]0-0 Y Y Y Y Y Y Y A Y Y Y St to be in EXCESS of City's needs/ CONSENT AUTHORIZE/EXECUTION a Comprehensive Agreement with 25"' Street Associates, LLC (DISTRICT 6 -BEACH) 2. Resolution to PETITION VDOT ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y CONVEY re r-o-w of Commuter Drive to CONSENT the City 3. Resolution to AUTHORIZE/City Manager ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y to EXECUTE an Accord/Satisfaction/ CONSENT Release Agreement with (SPSA) re Landfill Phase I Capping 4. Resolution to AUTHORIZE City Manager ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y to EXECUTE Agreements with Patriotic CONSENT Festival, LLC 5. Ordinance to EXTEND the date for Town ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Center Assoc satisfy conditions re closure CONSENT of a portion of Market Street (DISTRICT 4 - BAYSIDE) CITY OF VIRG/N/A BEACH SUMMARY OF COUNCIL ACTIONS R O S S DATE: 02/12/2013 - p H S PAGE: 2 E H A E W D S E J M S U I AGENDA A T D N O M M S H L W ITEM # SUBJECT MOTION VOTE V E Y L N O O O R S O I P E E E S N M 1 O O S H R Y S S D S N N D 6. Ordinance to AUTHORIZE $1,000 ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y reimbursement re employee legal fees CONSENT 7. Ordinances to ACCEPT/APPROPRIATE ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y donated funds: CONSENT a. $130,000 from The Library Foundation/ $50,000 from the Friends of the Library to the Department of Public Libraries b. $100,000 from Dominion VirginiaPower to the City's Beautification Fund c. $3,337.60 from Parks/Recreation Foundation re Bellamy Woods Park 8. Ordinances toACCEPT/APPROPRIATE/ ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y TRANSFER Grant Funds: CONSENT a. $ 40,000 for creation of the Cercle Des Vacances French Co-op Partnership b. $ 36,250 from the Department of Criminal Justice Services through the Byrne Justice Assistant Grant replacement training c. $ 13,000 from Va Emergency Management re City's Emergency Operations Center d. $72,010 to the General Registrar re pollbooks L/I. OCEAN CONDOMINIUM DEVF,LOPERS APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y LLC for a Variance to Subdivision Ord re lo[ CONDITIONED, at 4805 Lee Avenue DISTRICT 4 - BAYSID BY CONSENT 2. MICHAEL T. BENANTE Variance to APPROVED/ ]0-0 Y Y Y Y Y Y Y A Y Y Y Subdivision Ord re additional lot at 716 CONDITIONED, Woodstock Road BY CONSENT DISTRICT 1 - CENTERVILLE 3. C& C DEVELOPMENT CO., INC./ APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Christopher J. Ettel/Chancey W. Walker, CONDITIONED, III to reconstruct aNon-Conforming Use/ BY CONSENT DEMOLISH/CONTRUCT single family residences at 207 51'' Street 4 SIfRF BEACH CLUB, INC. to reconstruct a APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Non-Conforming Use and REPLACE nine WISED CONDITIONS 4/5, (9) cabana structures at 5704 Ocean Front BY CONSENT Avenue DISTRICT 5 - LYNNHAVEN 5. BLIRNETTE DEVELOPMENT, LLC/ APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y PARETTA D. MUDD for a CUP re self- BY CONSENT storage at 5737 Northampton Boulevard Burton Station DISTRICT 2 - KEMPSVILLE CITY OF VIRG/NIA BEACH SUMMARY OF COUNCIL ACT/ONS R O S S DATE: 02/12/2013 - D H S PAGE: 3 E H A E W D S E J M S U I AGENDA A T D N O M M S H L W ITEM # SUBJECT MOTION VOTE V E Y L N O O O R S O I P E E E S N M I O O S H R Y S S D S N N D 6 PRINCESS ANNE MASONIC LODGE APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y . #25/EMMA SMITHSON FOUNTAIN CUP BY CONSENT to MOVE the Lodge tiom Princess Anne Road to 3067 West Neck Road DISTRICT 7 - PRINCESS ANNE 7 TRUSTEES OF FIRST PRESBYTERIAN APPROVED, ]0-0 Y Y Y Y Y Y Y A Y Y Y . CHURCH OF VIRGINIA BEACH CUP re BY CONSENT columbarium at 300 36'" Street DISTRICT 6 -BEACH 8. BAILER ROAD SENIORS, LLC CoZ from APPROVED, AS 10-0 Y Y Y Y Y Y Y A Y Y Y Conditional A-36 to Conditional A-24 at 544 PROFFERED, BY CONSENT Baker Road DISTRICT 2 - KEMPSVILLE 9. MPB, INC./Conditional CoZ from AG-1/ APPROVED, AS 10-0 Y Y Y Y Y Y Y A Y Y Y AG-2 to Conditional O-2 re office at PROFFERED Princess Anne Road/Elson Green Ave (Sentara Medical Center) DISTRICT 7 -PRINCESS ANNE M. APPOINTMENTS RESCHEDULED 10-0 B Y C O N S F. N S U S BOARD OF BUILDING CODE APPEALS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) COMMUNITY SERVICES BOARD APPOIN'CED: 10-0 Y Y Y Y Y Y Y A Y Y Y (CSB) Unexpired term thru 12/31/13 plus three year term thru 12/31/16 Phillip Black PROCESS IMPROVEMENT STEERING APPOINTED: 10-0 Y Y Y Y Y Y Y A Y Y Y COMMITTEE Indefinite Terms Tanya Amey Robert Scotl TRANSPORTATION DISTRICT APPOINTED: 10-0 Y Y Y Y Y Y Y A Y Y Y COMMISSION OF HAMPTON ROADS Two year term 2/13/13 - 6/30/14 John Uhrin, ALTERNATE N/O/P ADJOURNMENT 6:46 P.M. PUBLIC COMMENTS FOUR (4) 6:47 - 7:03 .m. SPEAKERS CITY OF VIRG/NIA BEACH SUMMARY OF COUNC/L ACTIONS R O S S DATE: 02/12/2013 - D H S PAGE: 4 E H A E W D S E J M S U I AGENDA A T D N O M M S H L W ITEM # SUBJECT MOTION VOTE V E Y L N O O O R S O I P E E E S N M 1 O O S H R Y S S D S N N D 2013 CITYHOLIDAYS Memnrirr! Dap - dlnrrduy, b/ay 27 ludependeure Day - Tbursdrry, July 4 Lahur Day - hfvrrduy, ScTtemher 2 C eteraus Duy - Mvr:rtar, Nnrerrrber l1 Tbnrrks,~ivin~r Drry & Dar after Tbaalcsgiving~ - Thrcrsdar•. ,Nuvrrrrber l3 ~ Friday. Nrrvernher 29 Christman l ve (half-dni} - Trresdgy, December Id Christmas Dnr - W edrresdcry, Dereurher 2j