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APRIL 9, 2013 AGENDACITY OF VIRGINIA BEACH "COMMUNI'I'Y FOR A LIFETIME" CITY COUNCIL MAYOR W/LLIAM D. SESSOMS, JR., AaLarge VICIi MAYOR LOUI ti R. JONES, Bayside - District d GLLNN R. DAVIS, Rose Hall - Distnct 3 WIl_LIAM R. DeSTEPH, At-Large XOBH,'RT M. DYER, CenterviDe - Districl 1 AA9E7.lA ROSS-HAA~IMOND, Kemp.rville - Di.rtrict 2 BARBARA M. HENLF.Y, Prrncess Anne - District 7 JOHN D.MOSS, At-Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSO,N, At-Large JAMF.S L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CLTY MANAGER - JAMES K. SPORF,' CI'I'Y ATTORNH'Y - MARK D. STILES C!lYASSF_SSOR- JHRALD D. BANAGAN CITY AUllITOR - /.YNDON S. RF.M/AS CITY CLF,RK - RU7'H NODGES FRASER, A~iY1C CITY COUNCTi AGENDA 9 APRIL .. _3 I. CITY COUNCIL BRIEFINGS - Conference Room - A. HISTORIC PRESERVATION COMMITTEE CAVALIER SUB-COMMITTEE REPORT C. Mac Rawls, Chairman B. DEPARTMENT OF DEFENSE and SEQUESTRATION IMPACTS Dr. James Koch, Professor of Economics, Old Dominion University II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW 2:00 PM V. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM A. FY 2013-14 RESOURCE MANAGEMENT PLAN (Budget) SAFE COMMUNITY a. Clerk of Circuit Court b. Commonwealth's Attorney , c. Emergency Communications, Citizen Services and Capital Improvement Program d. Emergency Medical Services (EMS) e. Fire and Capital Improvement Program £ Sheriff and Corrections g. Police and Capital Improvement Program 2. QUALITY PHYSICAL ENVIRONMENT a. Planning b. Public Works and Capital Improvement Program - Roadways, Buildings, Storm Water, Utility and Coastal CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, V/RGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Michael G. Daniels Senior Pastor, Enoch 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 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. STARBUCKS CORPORATION at 31 OCEAN 241 Laskin Road (DISTRICT 6- BEACH) March 26, 2013 I. ORDINANCE S/RESOLUTIONS 1. Ordinance to ACCEPT and AUTHORIZE the transfer of property to the D~velopment Authority re parking and mixed-use development at 19`n, 20tn Streets and Artic and Baltic Avenues 2. Resolution to SUPPORT the Southeastern Public Service Authority (SPSA) after January 24, 2018, and PURSUE the development of a Regional Solid Waste Management System 3. Resolution to SUPPORT preservation of the Historic Cavalier on the Hill 'Hotel with incentives to Purchasers 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement with STARBUCKS CORPORATION re outdoor seating at 31 Ocean, 241 Laskin Road (DISTRICT 6 - BEACH) 5. Ordinance to AMEND Section 2-108 of the City Code re the City's employment probation period 6. Ordinance to AUTHORIZE the 2013 Housing Choice Voucher Annual Plan, including the Revised Administrative Plan, and the City Manager to submit same to the U.S. Department of Housing and Urban Development (HUD) 7. Resolution to APPOINT Dannielle C. Hall-McIvor as Assistant City Attorney effective April 16, 2013 8. Ordinance to ACCEPT and APPROPRIATE a$109,175 Grant from Virginia Department of Health Emergency Medical Services "Four-for-Life" program to EMS re rescue. equipment and medical supplies 9. Ordinance to APPROPRIATE $25,868 from EMS salvaged material sales re defibrillators for the Police 10. Ordinance to TRANSFER within the FY 2012-13 School Operating Budget to the School Technology Fund: a. $125,565 from the Instruction Classification b. $111,218 from the Administration Classification J. PLANNING Application of ROVING AUTO, INC. and KRIST ENTERPRISES for a Modification of Conditions Nos. 2 and 5(approved January 13, 2009) re motor vehicle sales and service to delete restrictions at 300 South Rosemont Road (Deferred: March 12, 2013) (DISTRICT 6- BEACH) RECOMMENDATION: APPROVAL 2. Application of C. CHRIS MITCHUM and WILLIAM HOLDA/HOLDA ENTERPRISES, LP for a Conditional Use Permit re auto repair garage at 5898 Thurston Avenue (I7ISTRICT 4 - BAYSIDE) RECOMMENDATION: APPROVAL Application of NICHOLSON PROPERITIES, LLC for a Chan~e of Zonin~ from A-12 Apartment to Conditional I-1 Light Industrial re office-warehouse units at 405 Fountain Drive (DISTRICT 6 - BEACH) RECOMMENDATION: K. APPOINTMENTS AUDIT COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ PUBLIC COMMENT Non-Agenda Items APPROVAL Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ lf you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-0303 FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE Presented by the City Manager April 16`h Budget WorkshopBriefings Conference Room April 18th Public Hearing VB Middle School April 23~d Budget WorkshopBriefings Conference Room April 23'd InformaUFormal Session/Public Hearing Council Chamber May 7~h Budget Workshop Reconciliation Conference Room May 14`h Vote on the Budget Council Chamber 2013 CITYHOLIDAYS 1'VlemorinJ Urrt' - M~~ndrrt', r`'l~ln1' 27 Inrli~perldence I~crv - Tharrsdrry, Jrstl~ 4 Lcrbor Day - Monftc{y, Septeml~er Z Vetera~zs D~c}~ - Morxrlcry, Novemlier 11 Tlranksgivirtg Day & Duy crfter TharrksgCV111~° - T~iU/'SIIQy~, ~`oi=e~nl~er 28 & Friday, Nove~r~ber 2~ ~'/trist»irrs F.ve (half-~lcr~~) - TuestC~c}r, llecefnl~er Z4 Chf~istr~ic~s Uczy - GVednesdcry, 13ecc~»~iher 25 I. CITY COUNCIL BRIEFINGS - Conference Room - 2:00 PM A. HISTORIC PRESERVATION COMMITTEE CAVALIER SUB-COMMITTEE REPORT C. Mac Rawls, Chairman B. DEPARTMENT OF DEFENSE and SEQUESTRATION IMPACTS Dr. James Koch, Professor of Economics, Old Dominion University II. CITY MANAGER'S BRIEFING 3:30 PM A. FY 2013-14 RESOURCE MANAGEMENT PLAN (Budget) 1. SAFE COMMUNITY a. Clerk of Circuit Court b. Commonwealth's Attorney c. Emergency Communications, Citizen Services and Capital Improvement Program d. Emergency Medical Services (EMS) e. Fire and Capital Improvement Program £ Sheriff and Corrections g. Police and Capital Improvement Program 2. QUALITY PHYSICAL ENVIRONMENT a. Planning b. Public Works and Capital Improvement Program - Roadways, Buildings, Storm Water, Utility and Coastal III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Michael G. Daniels Senior Pastor, Enoch 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 March 26, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING STARBUCKS CORPORATION at 31 OCEAN 241 Laskin Road (DISTRICT 6- BEACH) r~ a•~- i.x yr 1 Zi7..qr y;,~ t r,~ i~~, ~ F~ ~ F~`!r C°• ~ ~ ~i~•~ ,~~'f~ ~.y.. .:;.l,G ~5.i»~ ~.%A k 5,,~: ~'?,.tYi,. / ~, y. Y~ A5 `~~ ~ 1; 4 / ~~ n~, 1~ ~ tws m6~s:,n~~.~,~'~~.~.~n~~~~yB ~we ~'i~.n»' 'ti,~Y "":;~/at' P~lBLiC NEARIf~G ` ~. L1CEl~5E 4}F C~TY PR4PER~l Tne Virgini~ Beaeh C€tyJ C9t~ncii txiEl a hvltt ~ PUBLfC HEAT~I~lG ort t~te praposed 1"scensing o# C'rty-~wnec~ prope~t;y on 7uesday. A~ri€ 9, 2{}1:3, ' at ~i;E3t3 P.M. in th~: Cauncil Ch~rn€~er oi ihe City HafE ~~ild;r,~ ~6uitciin~ #1} at th~ Virg'st~i~ Be~cft lViu~icip~l Center, Virgini~ Beach~,Vlf~lY31i3. The p~rpose af tYi~s H~aring ~rrilf 3~ 'to I Ob~tt~. pUhliG CC3E"t3CC1BtiL OI3 t~2 CIky~S propasa€ ka ~rant ~ licens~ f~r th~ v~e vf ihe fr~ilav~ring: Approxsmatsiy 5£3 - squ~re feet of are~ 3ocatecJ aUtsicte. uncSeC ~~3v E"C3L1~ ~t!"i~.'; ~C3t~ €'k~X~ 1U th~ spc~C£' st1f3-E~.'aSV'fi a€7d op~r~t~s~ ~~, Starbucks C~ie~vr~t'son ~t 31 Q~~att, ~4~. 1~~5kER ~~8t~. ~l`f~`~631E~ ~iBBGYi, ~rC~If1E8 'Z~4~'J~. If ynu aP~ pttySiGalty Cl~~€~[ed or uisuaify ~rrtpa[red ~nd need as,si5tan~e afi this rn~et[s~~, please Gal1 ~he GiTY CLEFtK"S C}~FIGE at 385- 43D3; ~~aring impa€red, cz~!€ TRD 711. LTDq -~'~I~ptjane C7evia~ fur t.tie Deafl- Any questi~r~s cancerr~ing if~is rn~ttEr stFaulci t~~ ciir~cte~ t~ t:?~e Resori 1v1~~~~~ge€t~erft Offi~~, 22£~~. Parks A;rer~>a~. ~ ~Jir~ir~ira l3Q~~#'~, Vir~~>>i~ 234~1. Tne Res~rt Ma;~age~~c;r~t Office tel~f~l~~ne rt~3rrr>~r i~ (757}at35~Fi63~. }~uth Hoc:~~s Eras~r, Mfv~C Cit~- ~lark €3~aec~r~Nl~rct~:~1.2Q13 23~13~29 I. ORDINANCES/RE SOLUTIONS 1. Ordinance to ACCEPT and AUTHORIZE the transfer of property to the D~velopment Authority re parking and mixed-use development at 19th, 2p`n Streets and Artic and Baltic Avenues . 2. Resolution to SUPPORT the Southeastern Public Service Authority (SPSA) after January 24, 2018, and PURSUE the development of a Regional Solid Waste Management System 3. Resolution to SUPPORT preservation of the Historic Cavalier on the Hill Hotel with incentives to Purchasers . 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement with STARBUCKS CORPORATION re outdoor seating at 31 Ocean, 241 Laskin Road (DISTRICT 6 - BEACH) 5. Ordinance to AMEND Section 2-108 of the City Code re the City's employment probation period 6. Ordinance to AUTHORIZE the 2013 Housing Choice Voucher Annual Plan, including the Revised Administrative Plan, and the City Manager to submit same to the U.S. Department of Housing and Urban Development (HUD) 7. Resolution to APPOINT Dannielle C. Hall-McIvor as Assistant City Attorney effective April 16, 2013 8. Ordinance to ACCEPT and APPROPRIATE a$109,175 Grant from Virginia Department of Health Emergency Medical Services "Four-for-Life" program to EMS re rescue equipment and medical supplies 9. Ordinance to APPROPRIATE $25,868 from EMS salvaged material sales re de~brillators for the Police 10. Ordinance to TRANSFER within the FY 2012-13 School Operating Budget to the School Technology Fund: a. $125,565 from the Instruction Classification b. $111,218 from the Administration Classification . f oS~ ~ ¢~ z t`~ .,w~.. y ~s~ <~"i yN.~~ 4~ `•~~~ CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance Approving and Authorizing the Transfer of Property to the City of Virginia Beach Development Authority for Potential Parking and Mixed-Use Development (Former Treasurer's Block) MEETING DATE: April 9, 2013 ^ Background: On July 17, 2007 City Council adopted a resolution requesting the City of Virginia Beach Development Authority (the "Authority") to seek offers for development of an entertainment venue at the former pome Site (the "Dome Site"). Since 2007, the Authority has worked with Leisure and Recreation Concepts, Inc. ("LARC") to reach an agreement for the scope of development at the Dome Site. While no agreement has been reached with LARC, the parties have identified the City-owned block located between 19t" and 20th Streets and Arctic and Baltic Avenues (the "Property") as a suitable site for public parking to support a development at the Dome Site. There is an identified need for additional public parking (in addition to the parking needed for the Dome) in that area of the resort. Accordingly, the Property has also been identified by staff as a potential location for a mixed-use development with a public parking component. To locate a developer to construct public parking in conjunction with a larger mixed-use development on the Property, the Authority has issued a Requests for Qualifications (the "RFQ"). The goal of the RFQ is to identify qualified developers who could submit proposals for a mixed-use project on the Property. City Council would be asked to approve any development on the Property prior to the Authority entering into a binding arrangement with a developer. If a mixed-use development with public parking were to be approved by City Council, the Authority would be the public entity contracting with a developer. As such, the Property should first be transferred from the City to the Authority. ^ Considerations: Transferring title of the Property for the potential development would facilitate the Authority's ability to negotiate potential terms for a mixed- used development, including public parking, on the Property. Prior to the City being committed to any development project, the terms and conditions of any potential project would have to be approved by City Council at a later date. In addition to transferring the Property to the Authority, City Council would be asked to close the two alleys within the Property prior to development. This action would be taken pursuant to the City's normal street closure process. Approval of this transaction requires an affirmative vote of three-fourths of all elected members of City Council. ^ Public Information: After being duly advertised in the The Virginian-Pilot, a public hearing was conducted on March 26, 2013. This matter will also be advertised in the City Council Agenda. ^ Alternatives: Transfer the Property to the Authority or retain title to the subject Property. ^ Recommendations: Staff recommends approval of the transfer of the Property to the Authority with the understanding that any commitments for development must first be approved by City Council. ^ Attachments: Ordinance Location Map Recommended Action: Approval ittin De artment/A enc : City Manager / Economic Development QS~~ Subm g p 9 Y City Manager: ~ , ~ 1 AN ORDINANCE APPROVING AND 2 AUTHORIZING THE TRANSFER OF 3 PROPERTY TO THE CITY OF VIRGINIA 4 BEACH DEVELOPMENT AUTHORITY FOR 5 POTENTIAL PARKING AND MIXED-USE 6 DEVELOPMENT (FORMER TREASURER'S ~ BLOCK) 8 g WHEREAS, to promote the economic vitality of the City of Virginia Beach (the l0 "City"), City Council has identified the need for an entertainment venue at the former 11 Dome Site (the "Dome Site") along with the need for additional public parking near the 12 Dome Site for the general benefit of the City's resort area; 13 14 WHEREAS, by Resolution 03260, adopted by City Council on July 17, 2007, City 15 Council requested that the City of Virginia Beach Development Authority (the 16 "Authority") explore potential development of the Dome Site; 17 1 g WHEREAS, the Authority identified a potential developer for the Dome Site and 19 has engaged in negotiations with that developer; 20 21 WHEREAS, in the course of its discussions with the developer for the Dome Site, 22 the Authority has identified the block located between 19th and 20t" Street and Arctic 2 3 and Baltic Avenue, as shown on the Location Map attached hereto as Exhibit A 2 4 (collectively, the "Property"), as a suitable location for public parking to support the 2 5 Dome Site development and the needs of the citizens utilizing that portion of the resort; 26 27 WHEREAS, to maximize the value of the Property and the potential uses thereof, 2 8 the Authority has issued its Request for Qualifications seeking a developer to construct 2 9 a mixed-use project on the Property, including at least 800 public parking spaces; 30 31 WHEREAS, the Authority believes that and a mixed-use project on the Property 32 would create the best opportunity to optimize the value of the Property and achieve the 33 goals of adding needed public parking and increasing the tax base on the Property; 34 35 WHEREAS, the Authority was specifically created for the purpose of fostering 3 6 and stimulating economic development in the City and would be the entity to enter into a 3~ development agreement with a developer; 38 39 WHEREAS, the existing rights-of-way located on the Property would be brought 4 o before Council at a later date for closure, pursuant to the City's normal street closure 41 process; and 42 4 3 WHEREAS, title to the Property must be transferred from the City to the Authority 4 4 before any transaction for the development of the Property could be finalized. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA, 4 g 1. The City Council, subject to acceptance by the Authority, authorizes the 4 9 transfer of title to the Property shown on the Location Map, attached hereto as Exhibit A 5 0 and made a part hereof, to the Authority. 51 52 2. The City Manager, or his designee, is hereby authorized to execute any 53 and all documents to complete such transfer, so long as the documents contain such 54 terms, conditions and modifications as may be acceptable to the City Manager and in a 55 form deemed satisfactory by the City Attorney. 56 5~ 3. The City Council requests and recommends that the Authority adopt a 5 8 Resolution accepting the transfer of the Property to the Authority. 59 6o Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 day of , 2013. ( THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL ELECTED MEMBERS OF CITY COUNCIL ] APPROVED AS TO LEGAL SUFFICIENCY: ~'~- T~> ` ~~ City Attorney APPROVED AS TO CONTENT: ~. r~~'~ City Manager CA12552 R-2 \\vbgov.com\DFS 1 Wpplications\CityLawProd\cycom32\Wpdocs\D009\P012\00033027. DOC 4/3/2013 2 7 ~ ,~ 1 , °,, i,.-- ; ~,~~ _ ~0~ ' ~.~ -w-: -_ '~ ~ ~~ ~~ ~~ . ~'~ j i' ~ ' II I ~I ~ ' ~~i JI '''1 ~-I ~iy~~ ~'}~ ( ~I ~ ~ I ~I '~, V •~ } , ,~'~ ~ o ~ -.~„~,~~, . • ~; ~~ r ~ S~ .a ~ O iy ,,.'~ 5r~ ~ ~ N ^ ~~, ~ ~ ~..~r~~r1T-` ~ T L N n'.. r~~'~.:~ ~ y M '1- ' y.~-~,~ - ~ ~ ~ ~ ~ ~ ~ ~ > ~ ~ ~i~ ~ p ~ ` i i ~ y '~~~ '',~ ` ~ fl. Z ~ ~k '~ ! Q co , ~,~, ~ _ ~' vp ~O ~ o; o~ - a v ~ , _ 01 w 9 / _' ~ _ _ ~ f a I' 1 M 'I~. • ~ ~'~ I ~^'ti'~ Qa~~f~~ r,• 4GjN~A 4Eq y~t. ( 4 '"m"""ary'°^ ." ~) r o ~,~"upo7~ r.'~-Y ~~ ~a~) ~~~ ! ~ , ~»~..--«~~ ,,-n~- a . ~ :i ; ` ~~ ~~ ,~,r`,, +i~+~""=w.,«=. ~ti~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to State the City of Virginia Beach's Understanding of Regional Efforts to Manage Solid Waste in Southside Hampton Roads After January 24, 2018, and the City's Intent to Pursue Cooperative Development of a Regional Solid Waste Management System MEETING DATE: April 9, 2013 ^ Background: Over the last eighteen months, the staff has been working at the direction of the Chief Administration Officers of the eight SPSA member localities to develop a process to assess and create a regional solution for the management of municipal solid waste in the Post-2018 SPSA era. There have been several updates to City Council both by City staff and by consultant engineers on behalf of the Hampton Roads Planning District Commission (HRPDC). On October 18, 2011, SCS Engineers provided a briefing to City Council on their Solid Waste Management for Southside Hampton Roads Report. Twelve months later on October 16, 2012, City staff presented a progress briefing to City Council. Following that briefing City Council authorized pursuing a regional solution and directed the City Manager to collaborate with his fellow CAO's in developing a resolution of understanding for the City Council to endorse. On February 28, 2013, the Technical Committee designated by the Southside Hampton Roads CAO's completed their work and provided a report-back briefing on their findings. They presented a representative resolution which was created by the Virginia Beach staff in support of Virginia Beach requirements. Each municipality will craft their respective resolutions with considerable standardized language as well as language specific to their own needs. Prior to City Council's consideration of the resolution, the staff will present the CAO briefing and discussion from the February 28 CAO meeting. ^ Considerations: The attached resolution is a critical step in establishing the Post- 2018 SPSA membership and the development of a Memorandum of Agreement (MOA). It is the understood process that it will be required that the MOA be ratified by each member municipality. This resolution establishes the framework for the MOA. ^ Public Information: Public Information will be provided through the normal Council agenda process and is an integral part of our annual budget reviews. ^ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manage • ~, ~~ 1 A RESOLUTION STATING THE CITY OF VIRGINIA 2 BEACH'S UNDERSTANDING OF REGIONAL EFFORTS 3 TO MANAGE SOLID WASTE IN SOUTHSIDE HAMPTON 4 ROADS AFTER JANUARY 24, 2018 AND THE CITY'S 5 INTENT TO PURSUE COOPERATIVE DEVELOPMENT OF 6 A REGIONAL SOLID WASTE MANAGEMENT SYSTEM 7 8 9 WHEREAS, the Southeastern Public Service Authority ("SPSA") was created by 10 concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and 11 Virginia Beach and the Counties of Isle of Wight and Southampton (the "member localities") in 12 1976, and 13 14 WHEREAS, befinreen 1983 and 1984, Virginia Beach and the other member localities 15 entered into individual Use and Support Agreements providing, among other things, that each 16 member jurisdiction would deliver substantially all of the disposable solid waste generated or 17 collected by or within or under the control of the member locality; and 18 19 WHEREAS, all of the Use and Support Agreements will expire on January 24, 2018; 20 and 21 22 WHEREAS, a series of studies have been performed by SCS Engineers for the region 23 as well as other studies for individual localities in order to assess regional solid waste 24 management issues following the expiration of the Use and Support Agreements; and 25 26 WHEREAS, the City of Virginia Beach has determined that a cooperative approach to 27 the continuation of a regional system of municipal solid waste management would be in the 28 best interests of the City and its citizens and businesses; and 29 30 WHEREAS, SPSA has established a strategy to, and will, eliminate its debts by the date 31 of expiration of the current Use and Support Agreements; and 32 33 WHEREAS, SPSA provides a reliable, effective and environmentally sound operation 34 for the disposal of municipal solid waste; and 35 36 WHEREAS, the City Council believes that a cooperative regional approach to the 37 disposal of municipal solid waste is superior to other alternatives available to the City for the 38 disposal of municipal solid waste; and 39 1 40 WHEREAS, at the direction of the Chief Administrative Officers of the members, a 41 technical committee was established to review and address numerous policy and operational 42 issues; and 43 44 WHEREAS, the Chief Administrative Officers have reached a consensus for the 45 continuation of SPSA as the regional provider of solid waste disposal service after January 24, 46 2018, subject to the approval of the governing bodies of the member localities; and 47 48 WHEREAS, pursuant to legislation enacted in 2009, the process for appointment of 49 SPSA's Board of Directors was changed, and such legislation provides that the process shall 50 remain in effect until SPSA is dissolved pursuant to applicable provisions of the Virginia Water 51 and Waste and Authorities Act (the "Act"); and 52 53 WHEREAS, pursuant to legislation enacted in 2000, SPSA shall "continue and have 54 perpetual existence" until dissolved pursuant to applicable provisions of the Act; and 55 56 WHEREAS, the directors of SPSA have an equal vote in decisions made by the Board, 57 and each member locality shall be represented by two directors; and 58 59 WHEREAS, tipping fees paid by the member localities are not uniform, in that the City 60 of Suffolk, as the host of the Regional Landfill, does not pay tipping fees and the City of 61 Virginia Beach's tipping fees are capped through the year 2015, and tipping fees charged to 62 private entity customers, are also not uniform; and 63 64 WHEREAS, under current statutory provisions, a member locality may withdraw from 65 SPSA, provided that all written obligations to SPSA incurred by such locality while it was a 66 member of SPSA shall remain in full force and effect following the locality's withdrawal; and 67 68 WHEREAS, the SPSA's contract with Wheelabrator Technologies, Inc. for disposal of 69 municipal solid waste ("MSW"), which expires on January 24, 2018, requires that an 70 established minimum annual tonnage be delivered to Wheelabrator's Waste-to Energy Plant in 71 the City of Portsmouth; and 72 73 WHEREAS, the current Conditional Use Permit authorizing the SPSA Landfill in the City 74 of Suffolk does not encompass all potential or likely expansion areas identified in the SPSA's 75 land use plan; and 76 WHEREAS, there is a lack of uniformity among the provisions governing the ownership, 77 leasing, and use of the transfer stations operated by SPSA; and 78 2 79 WHEREAS, in the event of SPSA's dissolution, its assets are to be distributed in 80 accordance with applicable provisions of the Act, but that the current Use and Support 81 Agreement befinreen SPSA and the City of Suffolk provides that the Regional Landfill site shall 82 be conveyed to the City of Suffolk upon permanent completion of the operation of the Landfill 83 by SPSA for the disposal of solid waste; and 84 85 WHEREAS, although SPSA primarily provides municipal solid waste disposal services, 86 it has, on occasion, provided recycling and other disposal services for white goods, yard waste 87 and household hazardous waste; and 88 WHEREAS, the City of Virginia Beach owns and operates a legally permitted municipal 89 landfill with sufficient capacity to operate many decades into the future; and 90 91 WHEREAS, SPSA may, at its option, dispose of ash and residue from the Portsmouth 92 waste-to-energy plant at either the Regional Landfill or the Virginia Beach Landfill; 93 94 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 95 VIRGINIA BEACH: 96 97 That it supports the continued operation of SPSA after January 24, 2018 as the region's 98 solid waste disposal service provider subject to the following principles, which should be set 99 forth in a Memorandum of Understanding among the aforementioned Hampton Roads 100 localities establishing the principles to be embodied in Use and Support Agreements entered 101 into for a term after January 24, 2018 ("Post -2018 SPSA organization"): 102 103 1. The current process for appointing the board of directors membership will be 104 retained; unless or until the state laws governing SPSA are amended to provide 105 for a different manner of appointment; 106 107 2. Membership in the Post-2018 SPSA organization will be open only to those 108 localities that have entered into new Use and Support Agreements or similar 109 instruments with SPSA; 110 111 3. After January 24, 2018, SPSA may be comprised of Divisions, with the 112 divisional membership based upon the method of solid waste disposal employed 113 by the member localities, which impacts the establishment of a fair and 114 reasonable tipping fee that is uniform within each division; 115 116 4. If SPSA is comprised of divisions, when an issue to be decided affects the 117 member localities of only one Division, only the representatives of the member 118 localities of that Division shall be entitled to vote, and for issues affecting one or 3 119 more member localities of both Divisions, all SPSA representatives member 120 localities shall be entitled to vote. Each member shall have an equal vote within 121 its division and each member shall have an equal vote when voting on issues 122 affecting the entire Post-2018 SPSA organization; 123 124 5. Members shall pay equal fees for similar services, and fees for non-member 125 customers will be equal to or higher than those of inember localities for such 126 services; 127 128 6. A member locality will have the right to withdraw from the Post-2018 SPSA 129 organization and terminate its Use and Support Agreement or other instrument 130 binding it to SPSA, provided it satisfies its written obligations in accordance with 131 applicable statues; 132 133 7. Based on a thorough review of the alternatives, the SPSA Board of Directors will 134 determine by majority vote the fiscally and environmentally best disposal method 135 for the waste it receives; 136 137 8. In a future Memorandum of Understanding entered into by the member localities 138 prior to the execution of a binding Use and Support Agreement, the member 139 localities will agree on a method of determining the percentage and types of solid 140 waste to be delivered to SPSA; 141 142 9. SPSA will seek a comprehensive conditional use permit allowing the full 143 expansion of the Regional Landfill and determine the financial feasibility of that 144 expansion prior to the execution of new Use and Support Agreements; 145 146 10. Ownership of the all transfer stations will become or remain, as the case may be, 147 that of the locality in which the property is located; 148 149 11. Post-2018 SPSA long term debt will be restricted to capitalization costs 150 associated with the Regional Landfill, and a maximum of Five Million Dollars per 151 member as contributory financing for the construction of new, relocated, 152 revitalized or expanded existing transfer stations within the member localities, 153 and will be in conformity with the provisions of Virginia Code Section 15.2- 154 5102.1(8) provided that such payments to a member shall be approved by the 155 Board of Directors after presentation of information sufficient to support the need 156 for such new, relocated, renovated or expanded transfer station; 157 4 158 12. An annual business expense will be created to serve as a host fee for the City of 159 Suffolk, with such expense to be allocated within the tipping fee rates established 160 for all member localities; 161 162 13. SPSA will have the authority to provide, to the residents and businesses located 163 in the City of Suffolk, other solid waste disposal services in addition to municipal 164 solid waste disposal if the provision of such other services is permitted by law, 165 financially feasible and appropriate contracts are entered into for such services 166 and the cost allocated to users of that service; and 167 168 14. The use of the Virginia Beach landfill for municipal solid waste disposal will only 169 occur during emergency conditions such as, but not limited to, natural disasters. 170 171 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 172 BEACH: 173 174 That the City of Virginia Beach will commit to remaining in SPSA upon the expiration of 175 the current Use and Support Agreement, with all assets except the transfer stations remaining 176 the property of SPSA. 177 178 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 179 BEACH: 180 181 That the City Manager is directed to undertake all necessary actions to effectuate the 182 provisions of this Resolution, with a view toward the continued existence of SPSA as the 183 provider of solid waste disposal for the region after the expiration of the current Use and 184 Support Agreements on January 24, 2018. Such actions shall include: (1) participating in 185 negotiations of a Memorandum of Understanding with other SPSA members, and thereafter 186 participating in negotiations of a new Use and Support Agreement with SPSA, with both the 187 said Memorandum of Understanding and Use and Support Agreement containing terms 188 materially in accordance with the foregoing provisions of this Resolution; (2) and such other 189 and further actions as may be necessary or advisable or as are directed by the City Council. 190 191 192 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 193 of , 2013. 194 195 196 197 5 198 199 APPROVED AS TO CONTENT: 200 201 ~ 202 ~"\ 203 City Manager's Office 204 205 CA-12484 206 March 26, 2013 207 R-3 APPROVED AS TO LEGAL SUFFICIEN Y: City Attorney's Office 6 ,g~~~lA nE~ ir t ~ ~'°*'ro~^ wY~~~ i ~a 1 ~` µ , 11 ~~~ ~ar ~' N~j `~~:~j ~~. Je ~`~~'~^ ~.~c.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in support of offering incentives to prospective purchasers to preserve the historic Cavalier on the Hill Hotel MEETING DATE: April 9, 2013 ^ Background: The Cavalier Hotel is a privately owned hotel on the Virginia Beach oceanfront that was built in 1927 on a hill on the west side of what is now Atlantic Avenue. The hotel was expanded in the 1970s to include a hotel and conference center on the east side of Atlantic Avenue. In a 2012 court order required the corporate owner of the Cavalier Hotel to be dissolved, and a receiver was appointed to take control of the hotel and its other assets and sell them. The Cavalier Hotel is being marketed for sale by the receiver and bids to purchase the hotel are being received through April 25, 2013. The Hotel is being marketed for sale in three parcels: (1) the 12.5-acre site on the west side of Atlantic Avenue, upon which sits the 1927 original hotel (the "Cavalier on the Hill"), (2) the 6.1-acre oceanfront hotel complex built in 1973 (known as the "Oceanfront Cavalier"), and (3) a 2.5-acre site immediately south of and adjacent to the Cavalier on the Hill developed with tennis courts and parking. ^ Considerations: This resolution details the incentives to be considered by the City of Virginia Beach to encourage the preservation of the 1927 hotel structure and maintaining the ocean view from the Cavalier on the Hill. The original Cavalier on the Hill hotel has been a signature landmark in the City of Virginia Beach, and if the Cavalier on the Hill structure is demolished, the City would lose an icon that represents the City's historic architecture and culture. ^ Public Information: Advertisement of the Council's agenda. ^ Attachments: Resolution and Sales Brochure Recommended Action: Approval of the Ordinance Submitting DepartmentlA ency: City Manager City Manager ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A RESOLUTION IN SUPPORT OF OFFERING INCENTIVES TO PROSPECTIVE PURCHASERS TO PRESERVE THE HISTORIC CAVALIER ON THE HILL HOTEL WHEREAS, the Cavalier Hotel was built in 1927 on a hill overlooking the beaches of the Town of Virginia Beach, and has been a signature landmark in the City of Virginia Beach that has contributed character to and enhanced the beauty of the City and has been a source of pride for its residents; WHEREAS, a 2012 court order required the corporate owner of the Cavalier Hotel to be dissolved, and a receiver was appointed to take control of the hotel and its other assets and sell them; WHEREAS, the Cavalier Hotel is being marketed for sale by the receiver and bids to purchase the hotel are being received through April 25, 2013; WHEREAS, the Cavalier Hotel is being marketed for sale in three parcels: (1) the 12.5-acre site on the west side of Atlantic Avenue, upon which sits the 1927 original hotel (the "Cavalier on the Hill"), (2) the 6.1- acre oceanfront hotel complex built in 1973 (known as the "Oceanfront Cavalier"), and (3) a 2.5-acre site immediately south of and adjacent to the Cavalier on the Hill developed with tennis courts and a parking lot; WHEREAS, if the Cavalier on the Hill structure is demolished, the City would lose an icon that represents the City's historic architecture and culture; WHEREAS, preserving the Cavalier on the Hill structure as a piece of Virginia Beach's history will be an enduring enhancement to the quality of life in the City of Virginia Beach; and WHEREAS, the City Council is committed to working with a potential buyer, with the goal of preserving the Cavalier on the Hill by providing incentives to redevelop the property in a way that will maintain its historic architectural features. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council, on behalf of the citizens of Virginia Beach, strongly supports preserving the Cavalier on the Hill structure and the lawn leading up the hill from Atlantic Avenue; 2. That the City Council wishes it to be known that if the potential purchaser of the Cavalier on the Hill is able to: (a) add the Cavalier on the Hill to a local, state or federal historic register; (b) preserve the Cavalier on the Hill structure and lawn; and (c) 45 maintain the ocean view from the Cavalier on the Hill, then the City will consider all 46 reasonable ways to support development of the remaining lands, including offering its 47 support as follows: 48 49 i. Support for historic tax credits, through official designation on the 50 National Register of Historic Places or Virginia Landmarks Register; 51 or certification by the Virginia Department of Historic Resources; 52 ii. Targeted local tax relief through City Council action (i.e., real 53 property, business license, business property, etc.); 54 iii. Cost participation for necessary roadway, utility, stormwater, and 55 other infrastructure improvements; 56 iv. Cost participation in the potential extension of the existing public 57 Oceanfront Boardwalk to include the Oceanfront Cavalier property; 58 v.. Cost participation in project design and master planning; 5g vi. Providing local economic development grants based upon new job 60 creation and investment (as further described on the Web at: 61 htt~//www yesvirqiniabeach com/doinq-business-in-virqinia- g2 beach/pages/incentives.aspx); 63 vii. Assistance with Obstruction Evaluation (OE) submission to Federal 64 Aviation Administration (FAA) as required by the City Zoning 65 Ordinance; 66 viii. Fast-tracking of permitting process for site development and g7 construction permits; and 68 ix. Cost participation in the construction of a parking structure for use 69 by the proposed development and the public. 70 71 3. In addition to the foregoing support, the City Council will consider an 72 application conforming to the criteria set forth in Section 2 above for a conditional 73 change of zoning of the property currently zoned RT-1 Resort Tourist District to OR 74 Oceanfront Resort District. The City Manager is hereby directed to establish an ad hoc 75 staff committee that will, prior to a potential purchaser's submission of a bid, 76 confidentially review and evaluate any prospective plans of development that a potential 77 purchaser makes available and will inform the submitting party of staff's analysis of the 78 plan with regard to its compliance with the City's goals for the future use and 79 development of the property, which may result in the City's support of an application for 80 a conditional change of zoning. The ad hoc staff committee shall be available for such 81 confidential review and evaluation up to two days prior to the date of the acceptance of 82 bids by the court appointed receiver. 83 84 4. That the City Council authorizes the City Manager to meet with 85 prospective purchasers of the Cavalier Hotel properties to discuss potential avenues to 86 redevelop such properties in a manner consistent with this resolution. 87 2 88 Adopted by the City Council of the City of Virginia Beach, Virginia, this _ 89 day of , 2013. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: ~~~ ~ ~ City Attorney's Office Ci anager's Office CA12555 R-4 April 4, 2013 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d026\p015\00062863.doc 3 THE CAVALIER HOTEL "`"~'~ 4201 ATLANTIC ~V~tNUE '~ ~ VIRGINIA BEACH, V~RGINIA OPPORTUG°~dITY OVERVIEW CBRE Hotels and DJM Realty have been retained as exclusive brokers for Charles R. Goldstein, in his capacity as Receiver for The Disthene Group, Inc., and its subsidiaries for the sale of the historic and iconic Cavalier Hotel on the Oceanfront of Virginia Beach, Virginia. The complex consists of the original seven-story 1 15-room Cavalier on the Hill, the 282-room Oceanfront Hotel, an employee housing building (currently used for storage), a single family residence and a freestanding commercial building. The complex straddles the junction of Atlantic Avenue and Pacific Avenue. It is the northern gateway to the resort strip of Virginia Beach. The Cavalier property has a total area of 21.2 acres. This includes three parcels: The Oceanfront Hotel which is situated on 6.151 acres and has direct ocean frontage of approximately 568 feet; the Cavalier on the Hill encompassing 12.5 acres; and the Tennis Courf/ Church Lot parcel which encompasses 2.549 acres. The complex is being offered unencumbered by brand, debt or management contract and can be purchased as individual parcels or in its entirety. CBRE ~ ~ I~ ~R~~ Hotels .~nn~ urvnnna~anrm~r.w PROPERTY OVERVIEW PARCEL Cavalier On The Hill Oceanfront Hotel Additional Parcel ~;~s~t ~l Nl MBE~.' 24189518530000 24189660850000 24189534250000 PARCEL SIZE 12.5 acres 6.2 acres, with 568 feet of 2.5 acres ocean frontage NUMBER OF ROOMS 1 15 282 with private balconies N/A YEAR BUILT 1927 1972 N/A STORIES/CC~RRIDOR 7 stories and basement, 1 1 stories and basement, interior corridor interior corridor IMPROVEMENTS Historic hotel, 17,600 SF Oceanfront Hotel, 32,900 Surface parking and two of ineeting and function SF of ineeting and function clay tennis courts space, including a 3,500 SF space, including a 16,320 ballroom, indoor swimming SF ballroom, outdoor pool, two-story residence, swimming pool and fitness two-story apartment building facilities and a leased single-story garage I~R!{1NG 215 parking spaces 135 above-ground parking 101 parking spaces spaces, and 35 below- ground parking spaces FRANCHISE Offered free and clear of any franchise or management ag reement www.cbremarketplace.com/TheCavalier I ~I i LODGING MARKET The Virginia Beach hotel market performed well from 2006 through 2011. A sample set of competitive full- service and select-service properties experienced only modest single digit declines in RevPAR during the recent US financial crisis according to Smith Travel Research (STR) data. Additionally, a full recovery is underway as evidenced by RevPAR growth of nearly six percent in 2012 for the Norfolk-Virginia Beach tract according to STR. • This remarkable trend is attributed, in part, to the market's balance of lodging supply and demand. In fact, the 141-room Hampton Inn, which opened in 2009, is the most recent hotel to open in the market. • Hotels in the market also benefit from a diverse local economy that includes the following sectors: MARKET PERFORMANCE • Tourism - the area's coastal location attracts hundreds of thousands of visitors with its famous three-mile boardwalk and 38 miles of beach front; Q • Military - the presence of four military bases; ~ • Higher educational institutions - Virginia Beach is o home to the satellite campuses for Virginia Tech and Q the University of Virginia; • Companies - Businesses such as Sentara Medical Group, SAIC, Stihl, and GEICO provide year-round lodging demand. • A recovery appears eminent with RevPAR growth around the mid to upper single digit level for year to date November 2012. $200 $iao $160 $140 $i2o $~oo $so $60 $40 $20 $o ,pb ,p1 ~O'b ~OQ ,O .'~~ ~o~ro es~ro 60% ~ ~ ss% ~ 0 so~o 45% ao~ro ~c ~~` ~~ti ~ ~~~~~~o~~~o, ~ ADR RevPAR ~ Occupancy 2006 65.8% --- ~ 138.44 --- ~y ~ . ~ `~ --- 2007 66.3% 0.8% $145.81 5.3°/a $96.74 6.1 % 2008 61.8% -6.9% $152.12 4.3% $93.94 -2.9% ' 2009 60.3% -2.3% $150.37 -1.1 % $90.74 -3.4% ~' 2010 57.9% -4.1 % $157.91 5.0% $91.42 0.7% 201 1 59.0% 1.9% $163.48 3.5% $96.43 5.5% ~ 3.4% 1.1 % CAG R -2 •2 ~o YTD Nov ' 10 60.2% $160.52 --- $96.70 --- ; YTD Nov ' 1 1 61.8% 2.6% $166.00 3.4% $102.65 6.1 % YTD Nov ' 12 __, 62.3% 0.8% $173.22 4.4% $108.00 5.2% ~ ~ s'. ~, >.I.`~fi6tt~ ";,~~~i~~~ C B R E Hotels 150 West Main Street, Suite 1100 Norfoik, VA 23510 www.cbrehotels.com ~~ ~[ ]~ealty p GORDON BRO"['l~.RS GROUP COMPANY S. DOUGLAS HENKEL CBRE Hotels 757.228.1813 doug. henkel@cbre.com LEWIS C. MILLER CBRE Hotels 404.923.1269 lewis.c.miller@cbre.com MIKE MATLAT DJM Realty 631 927 0045 ANDREW WIMSATT CBRE Hotels 202.585.5576 andy.wimsatt@cbre.com TOM IVES CBRE Hotels 404.923.1270 tom.ives@cbre.com 445 Broadhollow Road, Suite 224 ' ' Melville, NY 11747 mmatlat@djmrealty.com www. d j m rea Ity. com _: ul3 L6 Rhha~d Fllis ~~i Viiyinia, In~. i hi~ intonnotion l~as bee~~ o~~mu~ii iw~~~~ sou~cei helieved relia6le. We hove no't acrified it and make na qunrantee, ~vaunnty oi iepiesentatian al~out it. Any piojertion<, opirioir, ussump~ions ar estimutes used ure far ezample only ond do not represent the cmrent or furore periormance o{ the properry. You and your advisors should mnduct u careful, independem investigation of the praperty ro defermine to yau~ satisfanion phe suitobility of ihe praper~~ for your needs. Photos herein are the property o1 their respenive owners and use of these images without the exptess written consent o{ the owner iz prohi6ited. II ~~~~ ~ : . : s `~'` W a. ~.~^~~~ CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance Authorizing the City Manager to Execute a License Agreement with Starbucks Corporation for the Use of Approximately Fifty (50) Square Feet of City- Owned Property for an Outdoor Seating Area at 31 Ocean MEETING DATE: April 9, 2013 ^ Background: Since 2008, Starbucks Corporation ("Starbucks") has licensed from the City an outdoor seating area of approximately fifty (50) square feet located immediately in front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area"). Starbucks proposes to enter into a new license agreement for the Licensed Area from the City for a one (1) year term with four (4) one-year renewal options. Starbucks would be allowed to place tables and chairs in the Licensed Area and be responsible for the maintenance of the Licensed Area. Starbucks would be required to comply with other regulations consistent with other outdoor seating areas throughout the City. Use of the Licensed Area has been treated as a license agreement and not as a cafe franchise because: (a) this property is not located in the right-of-way; and (b) Starbucks will not provide table service to the Licensed Area. ^ Considerations: Starbucks has agreed to pay $869.52 annually for the first year of the agreement, with that amount increasing by three percent (3%) each successive year. The License Agreement has been endorsed by the City's Strategic Growth Area/Resort Management Office, and would be consistent with other uses at the 31 Ocean development. ^ Public Information: Advertisement of Public Hearing in The Virginian-Pilot; Advertisement of City Council Agenda. ^ Attachments: Ordinance, Summary of Terms, Location Map ~~ Recommended Action: Approval ~ Submitting DepartmentJAgency: Strategic Growth Area/Resort Manageme Cit Mana er: ~ ~ Y 9 SUMMARY OF TERMS LICENSE FOR STARBUCKS CORPORATION TO USE 50 SQUARE FEET OF CITY-OWNED REAL PROPERTY A'I' 31 OCEAN LICENSOR City of Virginia Beach LICENSEE: Starbucks Corporation, a Washington corporation PREMISES: 50 square feet of City-owned property located immediately in front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia 23451 TERM: May l, 2013 through Apri130, 2014 RENEWAL: Four optional one-year terms TERMINATION: City shall have right to terminate if necessaiy for a public purpose by giving sixty (60) days' notice. RENT: Year 1: $869.52 annually Optional Year 2: $895.61 annually Optional Year 3: $922.48 annually Optional Year 4: $950.15 annually Optional Year 5: $978.65 annually RESTRICTIONS ON USE OF LICENSED AREA: • Any live or recorded music played in the Licensed Area shall conform with the City's Cafe Guidelines for entertainment or live music. • Materials placed in Licensed Area must be approved by the City and no logos other than Starbucks' logo shall be permitted. • All items placed in the Licensed Area must be removed each night at the close of business. • No extraneous items such as menu boards, 5igns or portable heaters in the Licensed Area shall be permitted. • Solicitation for tips or the posting or dissemination of printed material in the Licensed Area is prohibited. \\vbgov.com~DFS I \Applications\CiryLawProd\cycom32\W pdocs~D019~P015\00061679. DOC ~ ~ "°oU 11 V NH •, l f6 M ~ a N J x p F~- \ N Q ~~N~ \ N~ S M ~, ~ , ~ ._y~~ ~. ~ -~ ..~`~ ~' ~ • 31~~ " 3~ ` ~`PN-~~ ~ ~.+~•~ ~- ~ ~ 3pg9 PN~\~ P~E 3~~~ i P~Li~ ~ ~ ` / -~ i i oQ ..oU - o - UO~ ' . (O ' a ~~~~ ( ~ Q ~°~ ~ ~ N O ~ d' O N ~ M Z O ---°~'r" ~ - o ~- ° Q ..o ~~ U~ V L~ (4 N ~ ~ O X N ~ O N J ~~ ~ rly. ~ /° ,~.- . ,- ,~- ~ _- - ~ ii' ~ ' ~ ' ~ ~ , . %" . /i --~' ' • ~ , _ .: Pv~ 31~0 -3~g , i ~\F~G .`, ~ ~ ~ ' ~ ~. ~ ~'~ O ~ '°'•` i0 ~ ~ l ,~ .""~ i•~ ~2} ~. ,._ . . „-''- i ° , /~~ r~' - l 1 ~ ~ ,---_ ow ~` .%' ..o~ ~ ~.,~ ._ ... ~)p _ •~ .~ .t_\ V ,-- ._ PPGF~~ , - ' 3~g~1~--°`' c~F~c P`~E 3~06 ~ p P~.-- ; ~ _ • 'LV, ~ LL _ ~ (6 ~ -~ ~ _ . ~\N Q _ r x~- ~ - . ~~ ~ ~ H~N _ - ~ ' 1 ~ o ..oQ ~~ ~ U V N 1 f6N - ----" t a N 1 X~ f0 ~ H N ^, N ~,., ~ ~. .. ~ r 4~~ 1.0. y~C'Y ~ ~ ~•7 O ~ ~ „~' ~ ~'~ " ' ~? ~ i~ ~~~,-. CITY OF VIRGINIA BEACH AGENDA ITEM ~, ITEM: An Ordinance to Amend Section 2-108 of the City Code Pertaining to Probation Period of Employment MEETING DATE: April 9, 2013 ^ Background: The City Code provides that the probation period for new City employees is the first twelve months of City employment, except for sworn, non-certified police and fire personnel, whose probation period is fifteen months. The Code authorizes management to extend the probationary period when an employee takes fifteen or more consecutive calendar days of injury leave, leave without pay, or sick leave or is suspended for fifteen or more days. The extension allows additional time equal to the amount of time the employee is not performing City job functions so management may evaluate whether the new hire can perform the essential functions of the job. Recently, there have been several situations in which a new employee has a personal illness or injury during the probation period, but instead of taking leave is able to perform transitional work while in a temporary limited duty status. During a transitional work assignment, the employee does not perform his or her normal job duties. Accordingly, for instances in which transitional work is provided for fifteen or more consecutive calendar days, departments would like to extend the probationary period in the same manner as if the employee was in an approved leave status in order to allow sufficient time to evaluate the employee's ability to perform the necessary job functions. ^ Considerations: The Department of Human Resources requests an amendment to the City Code to allow for extensions of the probationary period when employees are perForming transitional work due to a temporary limited duty status resulting from an injury or illness. This amendment would provide consistent treatment of employees who, due to medical reasons, temporarily cannot perform the essential functions of their job for fifteen or more consecutive calendar days. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Ordinance. Recommended Action: Approval Submitting DepartmentlAgency: Human Resources City Manager: IL . ~ 1 AN ORDINANCE TO AMEND SECTION 2-108 2 OF THE CITY CODE PERTAINING TO 3 PROBATION PERIOD OF EMPLOYMENT 4 5 SECTION AMENDED: § 2-108 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-108 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-108. - Probation period of employment. 14 The probation period for employees other than sworn, non-certified police and 15 fire personnel shall be defined as the initial twelve (12) calendar months of employment 16 following an original employment or re-employment. The probation period for sworn, 17 non-certified police and fire personnel shall be fifteen (15) calendar months of 18 employment following an original employment or re-employment. However, the 19 probation period for all probation employees shall be extended one (1) pay period for 20 every fifteen (15) consecutive calendar days a probation employee is on injury leave, 21 suspension, leave without pay, or sick leave status or performinq transitional work due 22 to a temporarv limited dutv status resultinq from injury or illness. Any salary change 23 which may occur upon completion of the probation period shall not become effective 24 until the first day of the pay period following such completion. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO CONTENT 1 ~ ~ Human Resources APPROVED AS TO LEGAL SUFFICIENCY: /K ~ City Atto ney's Office CA12599 R-1 March 5, 2013 ~u e~y ~.s~ ..,4iih s iF ~ : ~~s ~ ~ =•y <`~~.:...,M.~'`..~ CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance to Adopt the 2013 Housing Choice Voucher Annual Agency Plan and a Revised Administrative Plan and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 9, 2013 ^ Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher Program ("HCVP"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate a HCVP to submit (1) an annual plan for each fiscal year in which federal funding is received for its HCV program and (2) an administrative plan. ^ Considerations: The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals in the Five Year Plan. The Annual Agency Plan describes the organization of the HCVP, and details the strategies employed in satisfying affordable rental housing needs in the City. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. Also covered by this ordinance is the HCVP Administrative Plan, which details the policies and procedures that govern the day to day operation of the HCVP. The previously approved Administrative Plan has undergone several revisions which are included for approval in this ordinance request. The Annual Agency Plan incorporates the provisions of the Administrative Plan and also provides additional plan elements and certifications that are required by HUD annually. The approved plans must be electronically submitted to HUD no later than April 15, 2013. ^ Public Information: Public information will be provided through the normal Council agenda process. Other federally-required notice and opportunities for public review and comment will be completed prior to submission to HUD. ^ Attachments: Ordinance, Executive Summary Recommended Action: Adopt Ordinance ~ ~ Submitting DepartmentlAgency: Housing & i ' od Preservation City Manager: ~/ ~ . 1 AN ORDINANCE TO ADOPT THE 2013 HOUSING 2 CHOICE VOUCHER ANNUAL AGENCY PLAN 3 (INCLUDING A REVISED ADMINISTRATIVE 4 PLAN) AND TO AUTHORIZE THE CITY MANAGER 5 TO EXECUTE AND SUBMIT THE PLAN TO THE 6 U.S. DEPARTMENT OF HOUSING AND URBAN 7 DEVELOPMENT 8 9 WHEREAS, the City's Department of Housing and Neighborhood Preservation 10 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCVP"), 11 formerly known as the Section 8 Program; and 12 13 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 14 requires agencies that operate HCV programs to submit (1) an Annual Plan for each 15 fiscal year in which DHNP receives federal funding for its HCVP, and (2) a revised 16 Administrative Plan as applicable; and 17 18 WHEREAS, the purpose of the Annual Plan is to update HUD on the DHNP's 19 progress in achieving the goals stated in the five-year plan; and 20 21 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 22 operational procedures of the HCVP in DHNP; and 23 24 WHEREAS, as required by HUD, DHNP has prepared the Annual Agency Plan 25 and an Administrative Plan; and 26 27 WHEREAS, the DHNP is also required by HUD to include a certification in the 28 Annual Plan demonstrating DHNP's compliance with applicable laws, and HUD rules 29 and regulations, in order to continue to operate the HCVP; and 30 31 WHEREAS, executive summaries of the Annual Plan and Administrative Plan 32 revisions are attached hereto, and a copy of both Plans are on file with the City Clerk. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 DHNP's Annual Plan and Administrative Plan revisions for the Housing Choice 38 Voucher Program are hereby ratified and adopted, and the City Manager is hereby 39 authorized and directed to execute and submit the Annual Plan to the U.S. Department 40 of Housing and Urban Development. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the day 43 of , 2013. APPROVED AS TO CONTENT: ~1 ~ ~~, Depa ` ~ ~ t~i ~ sing & Neighb rh Preservation ~ CA12620 R-1 March 26, 2013 APPROVED AS TO LEGAL SUFFICIENCY: ~ .C~ ~.____~.. ! C i A~t e '` .~- Executive Summary 2013 Housing Choice Voucher Plans - Annual Plan Update and Administrative Pian Amendment Department of Housing and Neighborhood Preservation April 9, 2013 Federally-Required Plans for the Housing Choice Voucher Program The Virginia Beach Department of Housing & Neighborhood Preservation (VBDHNP) operates the Housing Choice Voucher Program (HCVP). This program provides funding for rental subsidies to nearly 2,000 households in Virginia Beach and, in some cases, in neighboring cities through the use of cooperative agreements for project-based housing developments. The U.S. Department of Housing and Urban Development funds this program and requires grantees to create and adopt the following plans: Plan Name 'Summary Purpose and Status Content Five Year Provides long term This plan was developed Agency Plan ' guidance for the program and adopted by Council in 2010 Annual Agency ' Describes the agency's Developed by staff and Plan Update: plan for the 2013 fiscal proposed for adoption by year, consistent with the Council with this five year plan ordinance Administrative Describes in detail how Amendments have been Plan the HCV program will developed by staff and operate are proposed for adoption by Council with this ordinance Additional Detail on Plan Contents Five Year-Aqencv Plan: This plan provides the long-term direction for the agency in operating the HCV program. No changes to this plan are proposed at this time. Annual Aqency Plan Update: This plan must be submitted annually. As a HUD designated High-PerForming Agency that operates only the Housing Choice Voucher Program, VBDHNP is only required to submit a streamlined Annual Agency Plan Update that does not contain the level of detail required in the past. Executive Summary 2013 Housing Choice Voucher Plans - Annual Plan Update and Administrative Plan Amendment Department of Housing and Neighborhood Preservation April 9, 2013 However, the Annual Agency Plan Update does contain a summary of progress in meeting the strategic goals as stated in the Five Year Plan. At a meeting on January 30, 2013, the Plan Update was reviewed with the Resident Advisory Board, which is comprised of participants in the Virginia Beach Housing Choice Voucher program. On February 5, 2013, the Annual Plan Update was made available to the public for the required 45-day review period. A public hearing was held on March 26, 2013, and all comments received have been considered for inclusion in the final Plan Update. The approved Annual Agency Plan Update and the two required certifications must be electronically submitted to HUD not later than 75 days before the beginning of the city's July 1, 2013 fiscal year. Therefore, the Annual Plan Update is due on April 15, 2013. Housinq Choice Voucher Proqram Administrative Plan: Staff has developed the following revisions to the plan for 2013: Includes a change in the threshold amount for prosecuting fraud involving unreported income. Failure to accurately report income results in excessive rental subsidy payments. Persons determined to have willfully underreported income may enter into a repayment agreement for a period of up to 36 months. Amounts in excess of $2,400 will result in immediate termination from the Housing Choice Voucher Program and referral to the City Attorney for criminal prosecution. • Includes a provision for family members to serve as live-in aides, provided they meet all requirements consistent with HUD's definition of a live-in aid. • Adds HUD definition of a single person family. Several minor format, grammatical, and organizational corrections and contained in the attached FY 2013 Annual Plan Update S~!mrnary of Administrative Plan Changes. Council approval is required for any revisions to the Administrative Plan. Once approved, the revised Administrative Plan will be made available for review, upon request, to Housing Choice Voucher Program participants and the general public. 2 FY 2013 Annual Plan Update Summary of Administrative Plan Changes Location Change/Issue Page 2-1 Add definition of Single person to family composition from CFR 5.403 which reads: "A single person family may be an elderly person, a displaced person, a disabled person and any other single person who is not elderly, displaced, disabled, or the remaining member of a tenant famil ." Page 2-2 Live in Aide - Change language to allow relatives to serve as live-in aids provided they meet all elements of the live-in aide definition. Page 3-1 Applying for Admission -Language added to reflect option of taking on-line applications only. Page 3-5 Adds Tenancy Addendum to RFTA and Exit Packa e; Voucher With Tenanc Addendum Page 4-4,4-5 Preferences - elderly and or disabled families on fixed incomes assisted through the TBRA program may be awarded a voucher, provided they are in good standing, i.e., maintains dwelling unit, pays rent portion on time, no pro ram violations on record. Page 4-7 Selection of applicants from the waiting list will be updated to reflect current procedures, specifically for SRO and NOAH unit occupancy. Page 6-10 Averaging Income and Conducting Interims - Threshold amount is $2400. Subsidy adjustments for Increases in income below under this amount will be made at the next annual re -examination. Page 10-4 HQS - Section G. 3. b. First Re-Inspection Failure - Should Read: "HAP payments to the landlord will be abated and/or client benefits will be suspended in accordance with the date indicated on the notice. Page 17-3 Section E. Guidelines for Repayment agreements should read: Repayment agreements will be executed between the city of Virginia Beach and the head of household/co-head, or head of household and spouse when the amount of indebtedness is $2400 or /ess. Debts exceeding that amount will be forwarded to the Commonwealth Attorney for prosecution under the fraud statutes. (New language added) Page 19-3 Project-based Vouchers - Section C- Removed language awarding higher points for projects with 25% or fewer units assisted. Page 19-31 Section Z. Added language to cover partnerships with area agencies in the use of project based vouchers in the development of regional housing projects. .., 4~'N p ~ yt x'J~~~4 L~ F 4~ ~' ~~"il ' ~„a y'~'r4 , ~'>i ~.~~' ~~~ ~~..~'~a~ a~¢•`a~.',i ~V"tiw, ,i"r CITY OF VIRGINIA BEACH AGENDA ITEM _ . ___ ITEM: A Resolution Appointing Dannielle C. Hall-Mclvor to the Position of Assistant City Attorney MEETING DATE: April 9, 2013 ^ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ^ Considerations: This Resolution appoints Dannielle C. Hall-Mclvor as an Assistant City Attorney, effective April 16, 2013. ^ Recommendations: It is recommended that City Council adopt the attached resolution. ^ Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney~~ City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 A RESOLUTION APPOINTING DANNIELLE C. HALL- MCIVOR TO THE POSITION OF ASSISTANT CITY ATTO RN EY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the City Code, Dannielle C. Hall-Mclvor is hereby appointed to the position of Assistant City Attorney, effective April 16, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office ~~i,~.+.-~- '~ ~ ~~~---- CA12621 R-1 March 26, 2013 ~NU ~et~ Fo~ ""~~h~ ~ (~ " ~s~ 44ii~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Additional Rescue Equipment and Medical Supplies MEETING DATE: April 9, 2013 ^ Background: The General Assembly established the Four-for-Life program to provide financial assistance to volunteer rescue squads and municipal EMS agencies to fund EMS program and projects. As provided by Virginia Code 46.2-694, the Four-for- Life program collects four additional dollars on each state automobile license purchased annually, and twenty-five percent of these funds are returned to localities for training and equipment. By the end of FY 2011-12, the Virginia Office of Emergency Medical Services provided the City's Department of Emergency Medical Services an additional $109,175 in Four- for-Life funds. The Department of Emergency Medical Services recommends using this revenue to purchase additional equipment and supplies to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. Examples of items to be purchased include power lift stretchers, a mechanical CPR device, oxygen filling stations, notebook computers for conducting training pertaining to the electronic medical records system, medical supplies, and protective apparel. ^ Considerations: Use of these funds is restricted by state law and may only be used to purchase additional or enhanced equipment or training needs (and not to offset the cost of current services). In order to utilize the funds in time to meet the expenditure reporting requirements, they should be accepted from the State and appropriated before June 2013. ^ Public Information: Public information will be provided through the normal Council Agenda process. Additionally, funding distributions are announced in the newsletters of the Virginia Office of Emergency Medical Services and Tidewater Emergency Medical Services, Inc. ^ Recommendations: Adopt the attached budget amendment. ^ Attachment: Ordinance Recommended Action: Approval Submitting Department/Ag cy: Department of Emergency Medical Service~:~" City Manage . • 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDS,TO PURCHASE 3 ADDITIONAL RESCUE EQUIPMENT AND 4 MEDICAL SUPPLIES 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $109,175 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services and appropriated, with estimated state revenues increased 10 accordingly, to the FY 2012-13 Operating Budget of the Department of Emergency Medical 11 Services to purchase additional rescue equipment and medical supplies. 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: . ~.~ ~ , ~ F ~___~_-_ City. ~ ~t~o~= ~ s O ce ....-~"" CA12616 R-1 March 19, 2013 S~~HV..B~F.~~h'p O~ ~ ~=~ ~~s ~,,~~.~~.~ ~ CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance to Appropriate Funds to Purchase Replacement Automated External Defibrillators for the Police Department MEETING DATE: April 9, 2013 ' Background: The Police Department is the first responder to many life- threatening medical events, including incidents that involve the use of automated external defibrillators (AEDs). The department has in place 128 AEDs in patrol vehicles. In the past, the AEDs were procured through grants obtained by the Department of Emergency Medical Services, and these units are now 8 years old. The useful life of an AED is 7 years. The existing AEDs are not set to newer American Heart Association standards of 2 minutes of CPR operation (current AEDs have 1 minute of operation). The existing AEDs are increasingly requiring battery replacements every 2-to-3 years depending on use. Pads are replaced annually. Given the age, obsolescence and condition of the Police Department's AEDs, they should be replaced. The replacement AEDs will require battery and pads replacements every 5 years. ' Considerations: EMS has identified $25,868 in proceeds from the sale of salvage defibrillators, and recommends appropriating those funds to purchase roughly 18 AEDs for the Police Department. Each unit costs about $1,375. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached budget amendment ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services~~G~~ City Manager: ~.- , 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 PURCHASE REPLACEMENT AUTOMATED 3 EXTERNAL DEFIBRILLATORS FOR THE 4 POLICE DEPARTMENT 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $25,868 is hereby appropriated, with estimated revenues from sale of salvage 9 material increased accordingly, to the FY 2012-13 Operating Budget of the Department of 10 Emergency Medical Services to purchase replacement automated external defibrillators for 11 the Police Department. 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: ~ ~~ ~1 ~ ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: r_~~ , Ci r 's Office CA12619 R-1 March 25, 2013 , F~°`~ ~'~~t ~` j i~ 4~~-~ r~, `~~~::~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the FY 2012-13 School Operating Budget MEETING DATE: April 9, 2013 ^ Background: At its March 19th meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring appropriations. The Schools Operating Fund (Fund 115) contains four major classifications: Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The School Technology Fund (Fund 106) was formerly part of the Schools Operating Fund, but it currently is a separate fund in the Budget. Because the requested transfers are between the major classifications, City Council approval is required. ^ Considerations: The School Board's resolution requests a total of $236,783 transferred, with the following amounts and sources: •$125,565 from the Instruction Classification of the School Operating Fund to the School Technology Fund; and •$111,218 from the Administration Classification of the School Operating Fund to the School Technology Fund. The School Board's total budget remains balanced, and this transfer will not change total appropriations in the FY 2012-13 School Operating Budget. The School Board intends to use the funds to purchase printers, printer cartridges, computers, monitors, promethean boards, computer supplies, software, e-book readers, iPads, laptops, and Kindles. ^ Public Information: Public information will be disseminated through the Council agenda process. ^ Attachments: School Board Resolution; Ordinance Submitting DepartmentlAgency: Virginia Beach City Public Schools City Manag • S ~ , b~'~ ~~~, ~~,>r ViRGIN1A BEACH CITY PUBLIC SCHOOlS n H e a ~ o F r H e c u R v e Daniel D. "Dan" Edwards, Chairman School Board of the City of Virginia Beach District 2- Kempsville 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757) 263-1016 www.vbschoois.com/school board James G. Merrill, Ed.D., Superintendent William J. "Bill" Brunke, IV, Vice•Chairman District 7 - Princess Anne Beverly M. Anderson, At-Large Joel A. McDonald, District 3- Rose Hall Robert N. "Bobby" Mefatti, At-Large Samuel G. "Sam" Reid, District 6- Beach Elizabeth E. Taylor, At-Large Emma L. "Em" Davis, District 5- Lynnhaven Leonard C. Tengco, District 1- Centerville Dorothy M. "Dottie" Holtz, At-Large Carolyn D. Weems, District 4- Bayside RESOLUTION REGARDI(VG FY 2012-13 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; antl WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technalogy-related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools and departments have technology-related spending needs that require categorical/fund transfers to enable such purchases such as: printers, printer cartridges, computers, monitors, promethean boards, computer supplies, software, e-book readers, iPatls, laptops, Kindles, and WHEREAS, the following budget transfers are recommended by the School Administration: • Total of $125,565 from Operating Fund 115 - Instruction to 7echnology Fund 106 • Total of $111,218 from Operating Fund 115 - Administration to Technology Fund 106 WHEREAS, these transfers are also necessary to appropriately expense and account for technology-related expenses; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 19th day of March 2013 , ~~..-~ ~ ~~ ~ Daniel D. Edwards, Chairman SEAL ATTEST: ~ ~~l~Q/K~tn.t~ ~ (.t,(L~i1F~-2-O~!/~ Dianne P, Alexander, Clerk of the Board CERTIFIED TO BE A TE~U~ AND CORRECT CQ~'Y l , )~ C~.(.: (7~: ~~i/12~k' '~~~ ~ 1 t~i~~~~l~( k~' t'~( !~ (_.. Cl~rk, Schooi Board ofthe ~I~ ef ~~Ir~~nl~ ~aach 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE FY 2012-13 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $236,783 is hereby transferred within the FY 2012-13 Schools Budget in the amounts set forth below: 1. $125,565 from the Instruction Classification of the School Operating Fund to the School Technology Fund (106), and 2. $111,218 from the Administration Classification of the School Operating Fund to the School Technology Fund (106). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT ,~ ~) ~~ ~ ~ J ~~ ~ ~ ~. ~ ~ ` I Management Services / APPROVED AS TO LEGAL SUFFICIENCY: r' CA12617 R-1 March 21, 2013 J. PLANNING Application of ROVING AUTO, INC. and KRIST ENTERPRISES for a Modification of Conditions Nos. 2 and 5(approved January 13, 2009) re motor vehicle sales and service to delete restrictions at 300 South Rosemont Road (Deferred: March 12, 2013) (DISTRICT 6- BEACH) RECOMMENDATION: APPROVAL 2. Application of C. CHRIS MITCHUM and WILLIAM HOLDA/HOLDA ENTERPRISES, LP for a Conditional Use Permit re auto repair garage at 5898 Thurston Avenue (DISTRICT 4 - BAYSIDE) RECOMMENDATION: APPROVAL Application of NICHOLSON PROPERITIES, LLC for a Chan~e of Zonin~ from A-12 Apartment to Conditional I-1 Light Industrial re office-warehouse units at 405 Fountain Drive (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL eL r~et'NMn"~* h , ~i ~{ ~ ~~ ""; ^~1 ~t i; t~ *r-st~ 'r! ~ j ~ ~,~, ~t~,. ,. .~ ~. '~iw'1 ~• 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, April 9, 2013 at 6:00 PM, at which time a Public Hearing to consider the following applications will be held: BEACH - DISTRICT 6 NICHOLSON PROPERTIES, LLC /CITY OF VIRGINIA BEACH Application: t'han¢e of Zonine from A-12 Apartment to Conditional I-1 Light Industrial at 405 Fountain Drive (GPIN 2407462671; 2407462753; 2407463607). Comprehensive Plan: Hilltop Strategic Grow[h Area. Request is to develop the site with office-warehouse units. BAYSIDE - DISTRICT 4 C. CHRIS MITCHUM /WILLIAM HOLDA - HOLDA ENTERPRISES, LP Application: Conditional ~ise Permit for an automobile repair garage at 5898 Thurston Avenue (GPIN 1459932574). 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 h~y.~;::,'y~w_v.~g9~r an;!A..~~' For information call 385-4621. If you are physicalty disabled or visualy impalred and need assistance at this meeting, please call the CIT( CLERK'S OFFICE at 385- 4303. 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Q ~ y N ~~ ' ~, ~, ~NU~~~~7 • O , ~?) ~c7 ~: ~~~ ~! (~~1``w,o.'+ Y CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: ROVING AUTO, INC. (Applicant) / KRIST ENTERPRISES (Owner), Modification of Conditions of a Use Permit for motor vehicle sales and service approved by the City Council on January 13, 2009. 300 S. Rosemont Road (GPIN 1487607775). BEACH DISTRICT. MEETING DATE: April 9, 2013 ^ Background: This item was deferred by the City Council on March 12 at the request of the City Councilmember for the Beach District. On September 25, 2012, the applicant submitted an application requesting a Modification of the Conditions of a Use Permit for motor vehicle sales granted by the City Council in 2009. Specifically, the applicant requested the deletion of Conditions 2 and 5. The requested modification of Condition 2 consists of the deletion of the restriction of the number of vehicles sold on the site, which the condition currently set at five. Condition 5 of the Use Permit prohibits use of "pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles." The site has been used for an automobile servi~e station since the approval of a Conditional Use Permit by the City Council for that use on May 25, 1999. When the current business owner (the applicant) occupied the site, he requested modification of one of the five conditions of the 1999 approval. Condition 3 of the 1999 Use Permit required the removal of finro nonconforming free-standing signs that were located on the site and the installation of a single monument-style sign in lieu of the two removed signs. In 2008, the applicant requested that Condition 3 be modified for the purpose of allowing an electronic LED display for the face of the monument-style sign instead of the backlit, static message, plastic sign face typically associated with such signs. On January 13, 2009, the City Council granted the applicant's request, subject to a number of standards pertaining to the operation of the sign. Three months after City Council's approval of the modification of the sign condition, the applicant submitted an application requesting a Conditional Use Permit for motor vehicle sales. The application's narrative explained that his request to add motor vehicle sales as an additional use was driven by the need to sell any vehicle that the applicant acquired from a customer who was unable to pay for the repair services performed on his or her vehicle. The applicanYs request to add motor vehicle sales was granted by the City Council on July 14, 2009; however, the Planning Commission voted to recommend approval of the request to the City Council only after the applicant agreed to conditions of the Use Permit that addressed staff concerns with traffic access to and from the site and Planning Commission concerns with the operation of electronic display sign since its approval. Those concerns were specific to the manner by which the sign changed images (moved, flashed, or speed of inessage turnover) and the messages shown on Roving Auto Page 2 of 5 the sign, as some advertised or promoted establishments, businesses, or services not located or provided at the site (a billboard by definition of the Zoning Ordinance). ^ Considerations: There have been a series of violations of the Use Permit, and Zoning Inspectors have worked with the applicant to correct the violations or, as necessary, cited the applicant as being in violation of the conditions of the Use Permits. The majority of the issues pertained to failure to meet specific conditions of the Use Permit, primarily consisting of the condition for blocking access points to and from Rosemont Road, South Plaza Trail, and Victoria Drive. On January 20, 2010, the primary Zoning Inspector working with the applicant found upon inspection that the site was in compliance with the conditions of the Use Permit. In May 2012, however, the applicant was found to be in violation of the conditions regarding signage and the number of vehicles on the site. Condition 2 of the Use Permit limits the applicant to five vehicles for sale, and those vehicles are required to be parked for display in an area designated for such purpose adjacent to the intersection of Victoria Drive and Rosemont Road. Condition 5 prohibits pennants, streamers, balloons, portable signs, or banners displayed on the site or the vehicles. On May 29, 2012, the Zoning Office sent the applicant a letter informing him of the following violations: 1. Having more than 5 vehicles for sale; 2. Having temporary signs; and 3. The LED message [on the electronic display sign] is changing faster than 8 seconds. The letter concludes with a notice to eliminate the violations within 30 days of the receipt of the letter or to appeal the decision to the Board of Zoning Appeals. Subsequently, the applicant submitted this application for a Modification of Conditions. pertaining to the prohibited signs and number of vehicles for sale. The applicanYs request to delete Condition 5 of the Use Permit, which prohibits the display of pennants, streamers, balloons, portable signs, or banners on the site or the vehicles, cannot be supported. The condition is, as are some conditions recommended by staff for various types of Use Permits, a reiteration of an existing Zoning Ordinance regulation. The condition is part of the Use Permit for the purpose of making it clear to the applicant that the specified action is not legal. Thus, even Condition 5 was deleted, the applicant would still be prohibited from display of pennants, streamers, balloons, portable signs, or banners on the site or the vehicles since such are a violation of Section 212 of the City Zoning Ordinance. The applicant may, and staff has informed the applicant of this, use `temporary signs of a commercial nature,' to announce special events or promotions, subject to the regulations of Section 211(b)(2) of the Zoning Ordinance. Such signs may be used "no more than thirty (30) days prior to the event or function and must be removed within seven (7) days after the event or function." There are additional regulations in 211(b)(2) regarding lighting, sign size, and placement on the site or building that the applicant must adhere to. The greatest concern of staff and the Planning Commission is the applicant's request to delete the restriction on the number of vehicles that can be sold from the site. The sale of an unlimited number of motor vehicles on the site in conjunction with the uses of motor vehicle service and fuel sales results in an intensity of land use and activity on a parcel that is insufficient in size to accommodate all of those uses. Moreover, in this Roving Auto Page 3 of 5 instance, the site was developed in the mid-1960s and is located in an established residential neighborhood, making it difficult to buffer the neighborhood from the intensity of activity on the site. Thus, when this application was first heard by the Planning Commission at their January 9 public hearing, staff could not support the deletion of Condition 2 pertaining to the elimination of the restriction on number of cars sold, and recommended denial of that request. At that public hearing, the applicant agreed to a deferral at the request of the Planning Commission for the purpose of additional discussion with staff and the members of the Planning Commission from the Rose Hall and Beach Districts. A meeting was held at the site on January 17, 2013, which included the applicant, staff, and the two Planning Commissioners. During the meeting, understandings were reached with the applicant pertaining to areas where motor vehicles for sale could be located, landscaping, methods for closing access points as required by the prior Use Permit, and parking for employees. Based on those discussions, staff and the Planning Commission conclude that the following conditions provide a means by which the applicant can meet his goals while also meeting the regulations of the Zoning Ordinance and the applicable policies of the Comprehensive Plan. There was opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 6-3, recommends approval of this request to the City Council with the following conditions: Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be limited to the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed Site Modifications for Roving Auto," February 1, 2013. The vehicles shall be single- parked, one vehicle in each space designated on the plan. Furthermore, the spaces shown on the plan shall be designated on the surface of the lot by standard pavement striping. Parking for customers, employees, and vehicles for repair shall be in the areas designated as such on the plan. 2. No vehicles shall be parked within any portion of the public right-of-way, and no vehicles shall be displayed on raised platForms, earthen berms, or any other structure designed to display a vehicle higher than the elevation of the main parking area. 3. Vehicles driven by employees of the applicant's business shall not be parked on Victoria Drive or Waverly Drive. 4. Vehicles either waiting to be repaired or having been repaired shall not be parked on Victoria Drive or Waverly Drive. 5. The existing site landscaping shall be supplemented at the intersection of Rosemont Road and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive, along South Plaza Trail, and along the property lines in the northeast corner of the site (further identified on the plan referenced in Condition 1). The applicant shall meet with the staff landscape architect of the Department of Planning / Environment and Sustainability Office for the purpose of developing a planting plan for those Roving Auto Page 4 of 5 areas. Said landscaping shall be installed by the applicant within six (6) months of the date of City Council's approval of this Use Permit. 6. As indicated on the plan referenced in Condition 1, the use of the vehicular access point on Victoria Drive, the westernmost vehicular access point on South Plaza Trail, and the southernmost vehicular access point on Rosemont Road shall be prohibited. A barrier shall be installed along the width of said access drives using a system of landscape planters to be approved by the Zoning Administrator after consultation with the staff landscape architect of the Department of Planning / Environment and Sustainability Office. Said barrier planter system shall be installed by the applicant within six (6) months of the date of City Council's approval of this Use Permit. 7. All landscaping installed on the site for the purpose of complying with these conditions shall be maintained in healthy condition. If any plant dies, it shall be replaced with the same species and size of the plant that died. 8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 9. Temporary signs of a commercial nature announcing grand openings or other special events or promotions shall be permitted subject to the following as required by Section 211(b)(1) and (2) of the Zoning Ordinance: a. Such signs shall be displayed no more than three (3) times per year by any business or establishment, nor for any period in excess of seven (7) days. b. Such signs shall be located entirely upon the property and set back no less than seven (7) feet from the property line; c. Such signs shall have a maximum sign area of 32 square feet; d. Such signs may be illuminated in accordance with the restrictions set forth in Section 213 of the Zoning Ordinance; e. If building-mounted, such signs shall be flat wall signs and shall not project above the roofline; and f. If freestanding, the height of any such sign shall be no more than 12 feet above ground level. 10. The Recreational Vehicle (RV) located behind the building shall be removed from the site within 90 days of the date of City Council's approval of this Use Permit. 11. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 12. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 13. There shall be no truck rentals. 14. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining Roving Auto Page 5 of 5 property. 15. The monument sign at the southwest corner of the site shall be substantially consistent with the enhanced photo elevations of a light-emitting diode (LED) sign on record with the Department of Planning as part of the January 29, 2009 Use Permit. The following apply to said sign: a. The sign shall not advertise or direct the attention of the general public to an establishment, business, or service that is located on a separate site from the subject zoning lot. b. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). No portion of the material displayed by the sign, including backgrounds, colors, pictures, lettering, or other graphics, shall be changed more frequently than once every 15 seconds. This shall not, however, prohibit a single element on the message displayed during those 15 or fewer seconds from limited movement (as in a butterfly or bouncing ball moving across the screen during a static image message). Furthermore, this condition shall not prohibit the transition between each 15 or fewer second message to utilize fade, slide, swirl, or similar effects. d. Video displays or audio speakers on, or electronically connected to, the sign shall not be permitted. ^ 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: ~' c~~~~~ BEACH "',~ ~~' Ro~~in~ Auto, Inc. M r. . k+Sra~a 1. ~ ._._ .• ~ . .'"" ' ~' ~y '"." - {r ..~,.._ .. . ~~] ~ ~. f I _'~ BZ ;"' ~ ~. F I ~ , . ~ , _ ~~ ` _ c ~, ~ ~, ~ '~ ^ ~ , ~ i ~ l l ~ . t ~~-5 r~ _ _ ~ ~ ~ t .~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~~- , ~ ` ~ ~ ~ '. ,c~~A- ~ ~2 W ~'~ ~ o ~ ~~~ ~- a; ~ ~~ - - ~ ' - ~ ~+ , I , . ~ '~~ _ ~ ~= ; a ~, - ~ - _ . ~ .~, ~ r'I ~ . , . ~ ! ~ ', z f 2 . s~ a I ~ ~ S ~ - ~ _ p ' k ~ ~~TM~ ~ ~ ~ - ~ • ~ - , ~ ; ; ~ ~:~ , ; r ~~ -~ ~ ~s R7.5 '~ , , , ~ 1 ~ , ~ a ~ ~ ~- ~ ~ ~ ,. _, ~ , ~~;~ ~ I ~-f '~ I• ' 1~. ` , 4 ~. ~ ; , ; , __ , ~ ~ `'__' ~ ~ ~. , ; ~~ , ~ .a , •zo.~.~s.+nc..dw~mr~dti..,or.. Modry~catlono/Conditions Spce Pro~w or POM~i OrerYya ~ February 13, 2013 Public Hearing (Revised to reflect Planning Commission Action on 2/13/2013) APPLICANT: ROVING AUTO PROPERTY OWNER: KRIST ENTERPRISES STAFF PLANNER: Stephen J. White REQUEST: Modification of a Conditional Use Permit for motor vehicle sales (approved by the City Council on January 13, 2009). ADDRESS / DESCRIPTION: 300 S. Rosemont Road GPIN: ELECTION SITE SIZE: AICUZ: 14876077750000 DISTRICT: 30,754 square feet The northwestern portion of the site is BEACH located within the Less than 65 d6 DNL AICUZ. The southeastern portion of the site is located within Sub-Area 3 of the 65 to 70 dB DNL AICUZ APPLICATION HISTORY: The application was deferred at the request of staff during the December 12, 2012 hearing to provide additional time for staff and the applicant to discuss the zoning violations. After the deferral, staff met with the applicant to discuss the various issues pertaining to the current request and the failure of the applicant to meet the conditions of the prior approvals. During that discussion, the applicant agreed to work on the violations, and agreed to immediately adjust the programming of the electronic LED display sign to bring it into compliance with the conditions of the Use Permit, and in particular to program the sign such that the images changed no more than every 15 seconds (the applicant has made this change in the timing). On January 9, 2013, the applicant agreed to a deferral at the request of the Planning Commission for the purpose of additional discussion, including the members of the Planning Commission from the Rose Hall and Beach Districts. A meeting was held at the site on January 17, 2013, which included the applicant, staff, and the two Planning Commissioners. During the meeting, agreements were reached with the applicant pertaining to the areas where motor vehicles for sale could be located, landscaping, methods for closing access points as required by the prior Use Perrnit, and - ROVING AUTO Agenda Item 20 Pa~e 1 parking for employees. BACKGROUND / DETAILS OF PROPOSAL The applicant requests modification of Condition 2 and deletion of Condition 6 that were attached to a Use Permit for motor vehicle sales requested by the applicant in 2009. The requested modification of Condition 2 consists of the deletion of the restriction of the number of vehicles sold on the site, which the condition currently set at five. Condition 6 of the Use Permit prohibits use of "pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles." The applicant requests deletion of this condition. The site has been used for an automobile service station since the approval of a Conditional Use Permit by the City Council for that use on May 25, 1999. There were five conditions of approval: 1. The project shall be developed as depicted on the submitted site plans and renderings presented to the City Council and on file in the Planning Department. 2. No outside storage vehicles or outside repair work shall be permitted. All vehicles scheduled for repair must be stored inside the service bays when the repair facility is closed. No auto body work is permitted. 3. The Zoning Administrator has indicated that there are two non-conforming free-standing signs located on the site. The signs shall be removed and replaced with a single monument style sign with landscaping. 4. Additional plant material, to include low level shrubs and annuals, shall be added to the existing grassed areas along the road frontage. Year around shrubs shall be included. 5. There shall be no truck rental allowed. When the current business owner (the applicant) occupied the site, he requested modification of one of the five conditions of the 1999 approval. Condition 3 of the 1999 Use Permit required the removal of two nonconforming free-standing signs that were located on the site as well as allowing a single monument- style sign in lieu of the two removed signs. In 2008, the applicant requested that Condition 3 be modified for the purpose of allowing an electronic LED display for the face of the monument-style sign instead of the backlit, static message, plastic sign face typically associated with such signs. On January 13, 2009, the City Council granted the applicanYs request. Condition 1 noted that all of the conditions of the 1999 Use Permit remained valid, except Condition 3, which was modified to allow an electronic display sign as depicted on the submitted exhibits. The last condition of the Use Permit provided the standards of operation for the electronic display: The monument sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall not have video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location, and shall be no higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. ROVING AUTO Agenda Iter~ 20 Page 2 b. The LED sign shall not advertise any other businesses other than the one on which property the sign is located. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). Three months after City Council's approval of the modification of the original Conditional Use Permit, the applicant submitted an application requesting a Conditional Use Permit for motor vehicle sales. The application submitted by the applicant explained that his request to add motor vehicle sales as an additional use was driven by the need to sell any vehicle that the applicant acquired from a customer who was unable to pay for the repair services performed on his or her vehicle. The applicant's request to add motor vehicle sales was granted by the City Council on July 14, 2009; however, the Planning Commission voted to recommend approval of the request to the City Council only after the applicant agreed to conditions of the Use Permit that addressed staff concerns with traffic access to and from the site (Condition 4, below) and Planning Commission concerns with the operation of electronic display sign (Condition 10, below). The Planning Commission's concerns pertaining to the sign were specific to the manner by which the sign changed images (moved, flashed, or speed of inessage turnover) and the messages shown on the sign, as some advertised or promoted establishments, businesses, or services not located or provided at the site (a billboard by definition of the Zoning Ordinance). The final conditions of the Use Permit for motor vehicle sales, as approved by the City Council, are as follows: 1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1999, and the Modification of Conditions granted by City Council on January 13, 2009, shall remain in effect. 2. Vehicles for sale shall be limited to five (5) vehicles in defined parking spaces to be determined and located within an area designated for display within the paved parking lot. No vehicles shall be parked within any portion of the public right-of-way. No vehicles shall be displayed on raised platforms, earthen berms or any other structure designed to display a vehicle higher than the elevation of the main parking area. 3. The landscaping shall be supplemented along Rosemont Road, South Plaza Trail and Victoria Drive. The applicant shall request an inspection of the landscaping for approval by Planning Department staff (Current Planning / Zoning) before a business license is issued to operate automobile sales on the site. 4. The vehicular entrance on Victoria Drive, the westernmost access point on South Plaza Trail, the southernmost access point on Rosemont Road, shall be closed. The applicant shall install curb and gutter, landscaping and sidewalk to match existing. 5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 6. All containers shall be removed from the site. The applicant shall request an inspection of the landscaping for approval by the Planning Department staff (Current Planning / Zoning) before a business license is issued to operate automobile sales on the site. 7. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. RO'ViNG A~TO ~lgenda Iter~t 20 ~ Page 3 8. There shall be no storage of tires, merchandise or debris of any kind outside of the building. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. 10. The additional conditions of the May 25, 1999, Use Permit, as modified by City Council on January 13, 2009, are deleted and replaced with the following: a. The monument sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall not have video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location and shall be no higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. No such sign shall advertise or direct the attention of the general public to an establishment, business or service that is located on a separate site from the zoning lot on which the sign is located. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. No portion of the material displayed by any such sign, including backgrounds, colors, pictures, lettering, pictures or other graphics, shall be changed more frequently than once every eight (8) seconds. This shall not, however, prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. Video displays or audio speakers on, or electronically connected to, such signs shall not be permitted. After the January 13, 2009 approval of the Use Permit, a series of violations of the Use Permit have occurred, and Zoning Inspectors have worked with the applicant to correct the violations or, as necessary, cited the applicant as being in violation of the conditions of the Use Permits. The majority of the issues pertained to failure to meet specific conditions of the Use Permit, primarily consisting of the condition for blocking access points to and from Rosemont Road, South Plaza Trail, and Victoria Drive. On January 20, 2010, the principal Zoning Inspector working with the applicant found upon inspection that the site was in compliance with the conditions of the Use Permit. In May 2012, the applicant was found to be in violation of the July 2009 Use Permit in regard to signage and the number of vehicles on the site. Condition 2 of the Use Permit limits the applicant to five vehicles for sale, and those vehicles are required to be parked for display in an area designated for such purpose adjacent to the intersection of Victoria Drive and Rosemont Road. Condition 5 prohibits pennants, streamers, balloons, portable signs, or banners displayed on the site or the vehicles. On May 29, 2012, the Zoning Office sent the applicant a letter informing him of the following violations: 1. Having more than 5 vehicles for sale; 2. Having temporary signs; and 3. The LED message [on the electronic display sign] is changing faster than 8 seconds. The letter concludes with a notice to eliminate the violations within 30 days of the receipt of the letter or to appeal the decision to the Board of Zoning Appeals. RO~/iNG A~,J70 Agenda Iter~t 20 Pa~e 4 Subsequently, the applicant submitted this application to request modification of the conditions pertaining to the prohibited signs and number of vehicles for sale. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: motor vehicle sales, service, and fuel sales. SURROUNDING LAND North: . Victoria Drive USE AND ZONING: . Single-Family Residential / R-7.5 Residential District South: . South Plaza Trail • Retail-Pharmacy / B-2 Community Business District East: . Small retail strip / B-2 Community Business District West: . South Rosemont Road • Retail / B-2 Community Business District NATURAL RESOURCE AND The majority of the site is impervious, as it is developed with a structure CULTURAL FEATURES: and paved parking area. There are no known significant natural resources or cultural features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, just south of Strategic Growth Area (SGA) 5, Rosemont. As such, this segment of Rosemont Road can be considered a gateway into the SGA, and this intersection, a gateway into the Plaza Neighborhood; therefore, some consideration should be given to the recommendations of the Rosemont SGA Master Plan. The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook Document, includes design recommendations for the Suburban Areas. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. In particular, commercial buildings should be generally oriented toward the front of the lot within a well landscaped green area while locating the parking and loading areas to the rear of the lot. Signs in all nonresidential areas should be clearly legible to both motorists and pedestrians. Oversized or overly elaborate signs competing for attention or which create visual clutter are discouraged. To minimize traffic conflicts, entrances and exists to a development should be consolidated to the greatest extent possible and located a sufficient distance away from street intersections (B-7 thru 13). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: S. Rosemont Road is a four-lane minor urban arterial roadway designated in the MTP Major Street Network Ultimate Rights-of-Way to be improved to a six-lane divided arterial with a 165-foot wide right-of-way. There are no CIP projects for Rosemont Road. S. Plaza Trail is a two-lane minor suburban arterial roac#way. The ROVING A1,Jt0 Agenda Item 20 Pa~e 5 MTP Major Street Network Ultimate Rights-of-Way designates it with an ultimate four-lane typical section. Victoria Drive is a two-lane local street that is not identified in the MTP. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume S. Rosemont Road 32,800 ADT 22,800 ADT (Level of Existing Land Use - 1,369 (2012) Service "D") - 27,400 ADT ADT ~(Level of Service (102 morning peak hour trips / °E~~~ 118 evening park hour trips) 3 S. Plaza Trail 8,800 ADT 13,600 ADT (Level of " " Proposed Land Use - 415 ADT 1 (2011) Service C ) - 15,000 ' , ~108 morning peak hour trips / (Level of Service ADT 123 evening park hour trips) „p„~ Average Daily Trips Z as defined by 2,000 SF auto repair center with eight fuel pumps and restricted inventory auto sales. ' as defined by 2,000 SF auto repair center with eight fuel pumps and unrestricted inventory auto sales. Traffic Enqineerinq Comments: Rosemont Road is over capacity and experiences congestion on a daily basis. In the City's 2011 ranking of intersections by volume-to-capacity ratio (a measurement of congestion), the Rosemont Road and South Plaza Trail intersection was 32"d out of 363 signalized intersections. Vehicles stopped in traffic routinely block both of the site's entrances, especially during the evening peak period. Any additional site traffic due to an increased intensity of use, such as adding regular auto sales, would exacerbate these congestion issues. Currently the site is permitted a maximum of five vehicles on-site as its inventory of vehicles for sale. Removing this limitation would allow the inventory to take up more of the site's space, which would limit the space available for customer parking and on-site maneuvering. Reduced parking and waiting space, as well as restricted on-site maneuvering could obstruct vehicles attempting to enter the site, resulting in stacking of vehicles onto either South Plaza Trail or Rosemont Road. WATER AND SEWER: The site is connected to City water and sewer services. There will be no impact as a result of this request. EVALUATION AND RECOMMENDATION The submitted application to remove the limitation on the number of vehicles permitted on the lot and to delete the prohibition of the display of pennants, streamers, balloons, portable signs or banners on the site is not consistent with the Comprehensive Plan's policies regarding preserving neighborhood quality and is in direct conflict with the Special Area Development Guidelines recommendation regarding commercial parking areas and signs located in suburban areas. The fact that this site is located just south of the Rosemont SGA, and thus, is within the gateway of that SGA reinforces the importance of the appearance of this area. The applicanYs request to delete Condition 5 of the Use Permit, which prohibits the display of pennants, streamers, balloons, portable signs, or banners on the site or the vehicles, cannot be supported. The condition is, as are some conditions recommended by staff for various types of Use Permits, a reiteration of an existing Zoning Ordinance regulation. The condition is part of the Use Permit for the purpose of making it clear to the applicant that the specified action is not legal. Thus, even if the commission-was to ROVtNG AUTO Agenda Iter~ 20 Page 6 delete Condition 5, the applicant would still be prohibited from display of pennants, streamers, balloons, portable signs, or banners on the site or the vehicles since such are a violation of Section 212 of the City Zoning Ordinance. The applicant may, and staff has informed the applicant of this, use `temporary signs of a commercial nature,' to announce special events or promotions, subject to the regulations of Section 211(b)(2) of the Zoning Ordinance. Such signs may be used "no more than thirty (30) days prior to the event or function and must be removed within seven (7) days after the event or function." There are additional regulations in 211(b)(2) regarding lighting, sign size, and placement on the site or building that the applicant must adhere to. Upon the submission of the applicanYs original application for Modification of a Use Permit, staff's greatest concern was the request to delete the restriction on the number of vehicles that can be sold from the site. The sale of an unlimited number of motor vehicles on the site in conjunction with its permitted use of motor vehicle service and fuel sales results in an intensity of land use and activity on a parcel that is insufficient in size to accommodate the traditional uses plus an unlimited number of cars for sale. Moreover, in this instance, the site was developed in the mid-1960s and is located in an established residential neighborhood, making it difficult to buffer the neighborhood from the intensity of activity on the site. Thus, at the January public hearing, staff could not support the deletion of Condition 2 pertaining to the elimination of the restriction on number of cars sold, and recommended denial of that request. At the January 2013 public hearing, the applicant agreed to a deferral at the request of the Planning Commission for the purpose of additional discussion with staff and the members of the Planning Commission from the Rose Hall and Beach Districts. A meeting was held at the subject site on January 17, 2013, which included the applicant, staff, and the two Planning Commissioners. During the meeting, understandings were reached with the applicant pertaining to areas where motor vehicles for sale could be located, landscaping, methods for closing access points as required by the prior Use Permit, and parking for employees. Based on those discussions, staff finds that there is a way by which the applicant can meet his goals while also meeting the regulations of the Zoning Ordinance and the applicable regulations of the Comprehensive Plan. Accordingly, staff supports the following action, which the applicant is agreeable to. Modification of the 2009 Use Permit is recommended for approval subject to a comprehensive set of conditions that are appropriate to the current use, addresses the outstanding zoning violations, and meets the desire of the applicant to increase the number of vehicles displayed and sold on the property. CONDITIONS The conditions of the Use Permit, as last modified by the City Council on January 13, 2009, are deleted and replaced with the following: 1. Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be limited to the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed Site Modifications for Roving Auto," February 1, 2013. The vehicles shall be single-parked, one vehicle in each space designated on the plan. Furthermore, the spaces shown on the plan shall be designated on the surface of the lot by standard pavement striping. Parking for customers, employees, and vehicles for repair shall be in the areas designated as such on the plan. 2. No vehicles shall be parked within any portion of the public right-of-way, and no vehicles shall be displayed on raised platforms, earthen berms, or any other structure designed to display a vehicle higher than the elevation of the main parking area. 3. Vehicles driven by employees of the applicanYs business shall not be parked on Victoria Drive or Waverly Drive. R~i/1NG AUTO Agenda Item 20 Page 7 4. Vehicles either waiting to be repaired or having been repaired shall not be parked on Victoria Drive or Waverly Drive. 5. The existing site landscaping shall be supplemented at the intersection of Rosemont Road and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive, along South Plaza Trail, and along the property lines in the northeast corner of the site (further identified on the plan referenced in Condition 1). The applicant shall meet with the staff landscape architect of the Department of Planning / Environment and Sustainability Office for the purpose of developing a planting plan for those areas. Said landscaping shall be installed by the applicant within six (6) months of the date of City Council's approval of this Use Permit. 6. As indicated on the plan referenced in Condition 1, the use of the vehicular access point on Victoria Drive, the westernmost vehicular access point on South Plaza Trail, and the southernmost vehicular access point on Rosemont Road shall be prohibited. A barrier shall be installed along the width of said access drives using a system of landscape planters to be approved by the Zoning Administrator after consultation with the staff landscape architect of the Department of Planning / Environment and Sustainability Office. Said barrier planter system shall be installed by the applicant within six (6) months of the date of City Council's approval of this Use Permit. 7. All landscaping installed on the site for the purpose of complying with these conditions shall be maintained in healthy condition. If any plant dies, it shall be replaced with the same species and size of the plant that died. 8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 9. Temporary signs of a commercial nature announcing grand openings or other special events or promotions shall be permitted subject to the following as required by Section 211(b)(1) and (2) of the Zoning Ordinance: a. Such signs shall be displayed no more than three (3) times per year by any business or establishment, nor for any period in excess of seven (7) days. b. Such signs shall be located entirely upon the property and set back no less than seven (7) feet from the property line; c. Such signs shall have a maximum sign area of 32 square feet; d. Such signs may be illuminated in accordance with the restrictions set forth in Section 213 of the Zoning Ordinance; e. If building-mounted, such signs shall be flat wall signs and shall not project above the roofline; and f. If freestanding, the height of any such sign shall be no more than 12 feet above ground level. 10. The Recreational Vehicle (RV) located behind the building shall be removed from the site within 90 days of the date of City Council's approval of this Use Permit. 11. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 12. There shall be no storage of tires, merchandise or debris of any kind outside of the building. R01/ING AUTO Agenda Itern 20 Page 8 13. There shall be no truck rentals. 14. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. 15. The monument sign at the southwest corner of the site shall be substantially consistent with the enhanced photo elevations of a light-emitting diode (LED) sign on record with the Department of Planning as part of the January 29, 2009 Use Permit. The following apply to said sign: a. The sign shall not advertise or direct the attention of the general public to an establishment, business, or service that is located on a separate site from the subject zoning lot. b. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). c. No portion of the material displayed by the sign, including backgrounds, colors, pictures, lettering, or other graphics, shall be changed more frequently than once every 15 seconds. This shall not, however, prohibit a single element on the message displayed during those 15 or fewer seconds from limited movement (as in a butterfly or bouncing ball moving across the screen during a static image message). Furthermore, this condition shall not prohibit the transition between each 15 or fewer second message to utilize fade, slide, swirl, or similar effects. d. Video displays or audio speakers on, or electronically connected to, the sign shall not be permitted. NOTE: Further conditions may be required during the adminisfration 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 applicab/e 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 Cerfi~cate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged fo contact and work with the Crime Prevention O~ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as fhey perfain to this site. I~Qi/ING A~TO Agenda Itern 20 Pa~e 9 ~ ; k! ; ~ '~:.r~l' -_ ,r r ~~ ~• , ~~ ~~ Mai il: AERIAL OF SITE LOCATION i I I V i C T O i~ I A tso~ ~~n or w.r~ , ! Vehlcles tor Sale ` ,.r~.., k..~. . , ~ , + f~ '" sa y , t _-- - New ~-~ ~ .~ tand ,,, , --- 1, : ..- ' 13 1415 ~ ~ ~ ~ Y V u _ ._ _ . . C~ s,p , ~ ~ m tt d; ": "~ 0 : o .. o ~ ~ ^.. ` T g ~ ,~ ~ ~ i ~ u Q ~ ~ L~"° ' . ,c W .' i + ' O ~ ~ s.w. -~ -O . r~..,+,..^I EJ,7' ` w.y. ~ ~ ~ ~ ~ \ r > > 5 ~ h ~ 1 8 ~ . '~ 3 _ -r ~ ~ ^ '~ ~,' ~ jj .3 ~ { j ' ^ ~ ~ ~ •( r E - s ~ ~ ~ r r . ! a F , __~-- ! `> , f j ~ ~' ? f Existing ufdliog ' ^ }.. '~ ~ ~ ~ - and Ga Pump `_~ ~ ~ ~ r ~ Cano ;~~ ~ ~ ! _ :. j ~. ~! --' ~ ~ '~,^ ~ J ~ ~ W C~' ' - Cu mer ark g "' ~ - 9 „ ~; , c _ ,:- ._ .. . February 1, 2013 .~. rur.~~: ets.~~y . r~w.w+.~+ tY~c +Ar ,*,.. .,, ~ 7---~-^; x..-~. ~._t j~--~:.a,, _-- "`-" ' ~~~ New Landscape Plantings / \ •~ ''~""~ 1[S~'3,•,'S}1~~ ' ..,,, ~.. . .. _' _ _~._~,9... _ ~' _ ~. . . _._., _ __._._ ,,._._ . . __,_..._ _ t~r ~neih~ : , ti f'UtN1 ~f . .. . ... ,.._, .. . .: ~FUiSrr,OUTH _.. . PLAZA ,. .~ TRAII_. Proposed Site Modifications for Roving Auto PROPOSED SITE LAYOUT ANDIMPROVEMENTS aRIVE PHOTO OF SITE (7/27/12) iA~ , ~. . : - ,;, ,<_ ~ ~~.: o`~h~ - ~ ~ ,~~ 9 ' q~1_ ` S ~!-~S Oc + ~ _.nN ~_: \ n \^ f \ [ ~~ ( n ~f! i p ~~ ~ ~.! ~ . ,~ ~~ ~ I ~i... ' r ' .r~~ ~' ° f ~ ~ ~ ~ ~ "~~ ~ ~" ~+~ '< ` ~:~ =t ; ~ ,~ + ~;.1~ y~ f y 1f u~'"' ~ ( i ~~` d. ~ ~~ ~~R ~ . " ~ F: ' ' ¥ '~ ; ~ ~ ~ i ' ' 1 . M ~ } ; ~ ~ ~"~ ~ ~ ~ ~ P q~t~f~ r . Y+ ~~: { r~ r ~ la P. ~ L & ~ ~ . / ~ ~ [ ; 1 ~ 'I ~ 4 fi~ x~ n . _ b f 5. ~ y ~ .. 8 vF` S 4 j.~ > . " '~= ~ . ~ r z ' ~ ~ , ~~D ~, i. ~}4.- , . ~;-; ~ ~~ a~ , . ~ ~ ~ ~ ~ , ~~ ~ ~ x. a ~ ~ ~ r ky . P ~.5! y i 'y° r ~' " 1 ~ '~ ~ a~ ;,_ ~ ~ : r s ~j9 ~ a~~, t+~x, . y d' ~~ , f Y - s~ ~~. `~ ~* V~ i~ .~4 . ~ k ~t ~i~ ~ : 7 k P . , I ~ . , - ~ 'i C~ ~ ~ 'v `'~~,~5 s., e c ~. ~ , p ~ . "3 .'~r S '.~~P~^i7 _. 1~ 3 .c} tf~ !~^ ~,.'. : y S F 6t, ~ 1i~. ~ ~ ~5 ~+ I . y s : a~ :;,in "ra'~.~ ~~td~' ~S. .'+~-,~' . ~~T; ~ ~ ~ ~. ~ ~ .~ ~ ~ , ; ,.; ~,:r, , _~, r~ l : ~,~,. ~ /~! ~ .~ .~ PHOTO OF SITE (7/27/12) ~ ~ ~~ ~ ~ ~ ~~1 ~ ~ ~ ~~ ~ ~~ ~~ ~ 1~~1 ~ ~ O ~ ~ O ~ ~ ~~ ~ ~ V ~ ~~ ~ O ~~ ~ D1SCL.OSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the f~llowing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) i.aa..1...c~ ~ -r,4l;~ iL ~ 2e.s oc-r~ -c . ~P_.,~~.~ G ~.uz~ 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~ ~ ~ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE CompJete this section only if property owner is differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. betow: (Attach list if necessary) I~~~ x~ t~ ~~t-'c E~ lc /'~~ z H ¢ r~~ t~• L. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) /lJlh - ~ Check here if the prope~ty owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or e loyee of the~City of Virginia Beach have an interest in the subject land? Yes ~ No ~ If yes, what is the name of the official or employee and the nature of their interest? Modification ot Conditions Applicatlon DISCLOSURE STATEMENT ROVING AUTd Agenda Ite-~'a 20 Page 15 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 a~chitectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z"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 aKliated 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 empioyees 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 informatlon contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ~~-~J(--~~_x_~-- (-~~-~z~ R. --t.~,--~: ~.~ ,- ApplicanYs Signature Print Name ~ `-t ~ i ~ ~. ~4Y'~fl? 4 s~~.T/~?7 Property ner's Signature (if different than applicant) Pr t Name Modification oi Conditions ApplicaUon ~ ~ !~y ~ ~ V ~ ~ ~ ~~ ~ O ~~ ~ ~~ A ~ O V ~ O ~ 0 ~~ ~ ~ V ~ ~ ~~ A 0 ~ DISCLOSURE STATEMENT ROVING Al~TO Agenda Iter~ 20 Page 16 Item #20 Roving Auto Modification of a Conditional Use Permit 300 S. Rosemont Road District 6 Beach February 13, 2013 REGULAR An application of Roving Auto for a Modification of a Conditional Use Permit for motor vehicle sales (approved by City Council on January 13, 2009 on property located at 300 S. Rosemont Road, District 6, Beach. GPIN: 14876077750000. CONDITIONS The conditions of the Use Permit, as last modified by the City Council on January 13, 2009, are deleted and replaced with the following: Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be limited to the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed Site Modifications for Roving Auto," February 1, 2013. The vehicles shall be single- parked, one vehicle in each space designated on the plan. Furthermore, the spaces shown on the plan shall be designated on the surface of the lot by standard pavement striping. Parking for customers, employees, and vehicles for repair shall be in the areas designated as such on the plan. 2. No vehicles shall be parked within any portion of the public right-of-way, and no vehicles shall be displayed on raised platforms, earthen berms, or any other structure designed to display a vehicle higher than the elevation of the main parking area. 3. Vehicles driven by employees of the applicant's business shall not be parked on Victoria Drive or Waverly Drive. 4. Vehicles either waiting to be repaired or having been repaired shall not be parked on Victoria Drive or Waverly Drive. 5. The existing site landscaping shall be supplemented at the intersection of Rosemont Road and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive, along South Plaza Trail, and along the property lines in the northeast corner of the site (further identified on the plan referenced in Condition 1). The applicant shall meet with the staff landscape architect of the Department of Planning / Environment and Sustainability Office for the purpose of developing a planting plan for those areas. Said landscaping shall be installed by the applicant within six (6) months of the date of City Council's approval of this Use Permit. 6. As indicated on the plan referenced in Condition 1, the use of the vehicular access point on Victoria Drive, the westernmost vehicular access point on South Plaza Trail, and the southernmost vehicular access point on Rosemont Road shall be prohibited. Item #20 Roving Auto Page 2 A barrier shall be installed along the width of said access drives using a system of landscape planters to be approved by the Zoning Administrator after consultation with the staff landscape architect of the Department of Planning / Environment and Sustainability Office. Said barrier planter system shall be installed by the applicant within six (6) months of the date of City Council's approval of this Use Permit. 7. All landscaping installed on the site for the purpose of complying with these conditions shall be maintained in healthy condition. If any plant dies, it shall be replaced with the same species and size of the plant that died. 8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 9. Temporary signs of a commercial nature announcing grand openings or other special events or promotions shall be permitted subject to the following as required by Section 211(b)(1) and (2) of the Zoning Ordinance: a. Such signs shall be displayed no more than three (3) times per year by any business or establishment, nor for any period in excess of seven (7) days. b. Such signs shall be located entirely upon the property and set back no less than seven (7) feet from the property line; c. Such signs shall have a maximum sign area of 32 square feet; d. Such signs may be illuminated in accordance with the restrictions set forth in Section 213 of the Zoning Ordinance; e. If building-mounted, such signs shall be flat wall signs and shall not project above the roofline; and f. If freestanding, the height of any such sign shall be no more than 12 feet above ground level. 10. The Recreational Vehicle (RV) located behind the building shall be removed from the site within 90 days of the date of City Council's approval of this Use Permit. 11. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 12. There shall be no storage of tires, merchandise or debris of any kind outside of the building. 13. There shall be no truck rentals. 14. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. Item #20 Roving Auto Page 3 15. The monument sign at the southwest corner of the site shall be substantially consistent with the enhanced photo elevations of a light-emitting diode (LED) sign on record with the Department of Planning as part of the January 29, 2009 Use Permit. The following apply to said sign: a. The sign shall not advertise or direct the attention of the general public to an establishment, business, or service that is located on a separate site from the subject zoning lot. b. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). c. No portion of the material displayed by the sign, including backgrounds, colors, pictures, lettering, or other graphics, shall be changed more frequently than once every 15 seconds. This shall not, however, prohibit a single element on the message displayed during those 15 or fewer seconds from limited movement (as in a butterfly or bouncing ball moving across the screen during a static image message). Furthermore, this condition shall not prohibit the transition between each 15 or fewer second message to utilize fade, slide, swirl, or similar effects. d. Video displays or audio speakers on, or electronically connected to, the sign shall not be permitted. 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 fechniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 6 NAY 3 ABS 0 ABSENT 2 BERNAS NAY FELTON AYE HENLEY AYE Item #20 Roving Auto Page 4 HODGSON AYE HORSLEY AYE LIVAS REDMOND NAY RIPLEY RUCINSKI AYE RUSSO NAY THORNTON AYE By a vote of 6-3, the Commission approved item 20. ABSENT ABSENT Howard Tabor, the applicant appeared before the Commission. R. Elms appeared in opposition. 4~ ~ ~ I ~ ~ • ~ ~ ~ ~ W G~ ~~i ~} ~ ~ m~ R i ~ tp ~ ~ ~ ~ Q ~ j V ~ ~ ~~ ~ a y ~ ~ ~ ~ ~ ~ ~ ~ (~ N ~~ ?a :w .. ~ Q ~.. o- ~ ~M ~~+ ~ ? 'r.d ~ ~a or N ,~.,, U. ~1 S~'~x ~~ ~t .ro @,~ ~i ; . , ~ r~ z ~.. <~ ~rr'r ~ Si (~+~ ~~ _jJ~j -4 .. , ~;:~;:~%' CITY OF VIRGINIA BEACH AGENDAITEM . ITEM: C. CHRIS MITCHUM (Applicant) / WILLIAM HOLDA - HOLDA ENTERPRISES, LP (Owner), Conditional Use Permit for an automobile repair garage, 5898 Thurston Avenue (GPIN 1459932574). BAYSIDE DISTRICT. MEETING DATE: April 9, 2013 ^ Background: The applicant requests a Conditional Use Permit to allow the use of the site as an automobile repair garage. The one acre, industrially zoned site is located in the Airport Industrial Park. By definition, an `automobile repair garage' consists of `heavier' repair work than that commonly associated with an `automobile service station,' such as transmission, engine, and body work. ^ Considerations: Typical hours of operation are proposed as 9:00 a.m. to 5:00 p.m., Monday through Friday, and there are 15 employees. According to the application, the facility will be used to service automobiles and light trucks as well as off-road vehicles. Operations are proposed to include services such as welding, body work, electrical wiring, and after-market installations. The applicant indicates that typically, up to 10 vehicles for repair are on the site, at any one time; those vehicles will be stored within the building during evening hours for security purposes. Since there are 25 parking spaces on the west side of the building, there is ample parking for both employees as well as customers. The proposal is consistent with the Northampton Boulevard Corridor SGA Implementation Plan which recommends a continuation of the existing industrial park, where this property is located, with an increase toward more intense business development over time. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Councif with the following conditions: 1. All motor vehicle repairs shall take place inside the building. C. Chris Mitchum Page2of2 2. No outside storage of equipment, parts, or materials shall be permitted. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. No tires for sale, merchandise, or parts shall be displayed or stored outside. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 6. Streetscape landscaping, in accordance with the City of Virginia Beach Landscaping Guide, shall be installed along Thurston Avenue. ^ 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: ~,,~~ BAYSIDE /'1 /~L~_.. I~R:L..l..~.~. ~ L• Vll~ ~J 1111{LllN~~• ~. ~_~ _ y ; _ - 1 ~J ~' , , ~ ~ r~ t ~ . ., r 11 , ~ 1 ~- j " 11 ~ ~ r r - ~ ~ r ,~ ~ - _ ~% ~ , ~ _ t: ~ '~ , i ~ ~ ; -- ;, . . ~ _ _ - ~ -~ ~~ ~ ~ ~ ~~ ~~ ~ ~ ~ , ! ~ ~ ~ ' ~~ ~ ~ - „ ~ ~, ~ ~ ~ ~ ~, ~~~~ ~ ~ ~~~ '-- - - E 4 ii_~, ` i.~ , _ ~.. i~ _ I,. . , _ ,: , ---- ~ ~,, ~ ~ ~~ i, ~ ~ ,~~'~~ ~ ,; ~ , t y ~~ 1, ~ CUP • Auto Repalr Garage 2 March 13, 2013 APPLICANT: C. CHRIS MITCHUM PROPERTY OWNER: WILLIAM HOLDA - HOLDA ENTERPRISES, LP STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (Auto Repair Garage) ADDRESS / DESCRIPTION: 5898 Thurston Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14599325740000 BAYSIDE 1 acre Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow the use of the site as an automobile repair garage. The one acre, industrially zoned site is located in the Airport Industrial Park. Typical hours of operation are proposed as 9:00 a.m. to 5:00 p.m., Monday through Friday, and there are 15 employees. According to the application, the facility will be used to service automobiles and light trucks as well as off- road vehicles. Operations are proposed to include services such as welding, body work, electrical wiring, and after-market installations. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Light Industrial SURROUNDING LAND North: • Warehouse / I-1 Light Industrial District ,.,: C. CF~i~IS MITC ~IJM ~ ~Agenda It~n 2 ~ ~ ~~~~ R~i~e 1 USE AND ZONING: South: • Thurston Avenue • Warehouse / I-1 Light Industrial District East: • Electrical contractor office & warehouse / I-1 Light Industrial District West: . Office warehouse / I-1 Light Industrial District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. Since the site CULTURAL FEATURES: is developed and almost entirely impervious, there do not appear to be any significant natural or cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates the area within which the site is located as the Burton Station Strategic Growth Area. The area is predominantly industrial, but also has significant tracts devoted to residential and commercial uses. The Northampton Boulevard Corridor SGA Implementation Plan provides recommendations regarding how the area should evolve in order to accomplish an arrangement of land uses intended to achieve an attractive, coherent, and marketable destination and increasing connectivity and access to the Airport Industrial Park. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI / CAPITAL IMPROVEMENT PROGRAM (CIP): Thurston Avenue is a two-lane, undivided local street. It is not included in the MTP and there are no roadway CIP projects slated for this street. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Thurston Avenue No Data Available No Data Available Existing Land Use - 75 ADT Proposed Land Use 3- 55 ADT Average Daily Trips Z as defined by a typical light industrial use 3as defined b motor vehicle re air WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The applicant indicates that typically, up to 10 vehicles will be on the site, at any one time, awaiting repairs; those vehicles will be stored inside during evening hours for security purposes. Since there are 25 parking spaces on the west side of the building, there is ample parking for both employees as well.as customers. The proposal is consistent with the Northampton Boulevard Corridor SGA Implem~~fxa#ian. , _ ..... , ~ .. ~. w ~ ~ C. CWRIS M~TC~~t1M Agenda I~~n 2 ~ P_ `J Plan which recommends a continuation of the existing industrial park, where this property is located, with an increase toward more intense business development over time. CONDITIONS 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. No tires for sale, merchandise, or parts shall be displayed or stored outside. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 6. Streetscape landscaping, in accordance with the City of Virginia Beach Landscaping Guide, shall be installed along Thurston Avenue. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to meef all applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Deve/opment Services Center and Department of Planning / Permits and /nspecfions Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. - ~° ~~:~~, ~ ~ C. CW'~IS M1TC ~JM Y ~Agenda It~~.. 2 ~ R~ ~'' 3 ~ . ~~. I ~ il AERIAL OF SITE LOCATION ,~ ~'I ~~ f£G.2~'200d 11:04 7578991265 1, i~ {~ _~~' . ~ A. . ~~ f ' i~ 1~ ~. . I.I' .. ;:~ V.~ ~ ~ ~'e :~ i'~ i~~ ::Ii . ~~ li~ ~ 11: i'i ~ 1T. ',~; . ~i ~1 \. ~ ,., THkLHSM6R 86626 P.00!lUOi "'~r'~+'..~r*~ siiWi od`b:M1 - n ' r Ra i + i +++~e ae m~tw~valmmff arsu owiqorr,Wm earDr asdws. ~ w d iorrry+~i ' " 8AMU6L A, JON6s, ,p,' -f . .~ Cma YM. M'~ ----..~.. . ,_F~ew ~ ^ 1... d0' _ 6,rw.rr ~ ~.~~~~~(.U~ «~__f 0 Or"f.L_ ~ A(IJ ~ 1~ I I~Y ' frr~rN -^ ~ ~,~ F ~i. ~ J ~ ~ ' x $ ~. ~ )s•ek»n,u~ - PN 1 SJCAL SURVEY ''*J1f7p"' "'~~ ( so• ~snr l nertcd. xw s~aa. nr Aaa~t x~rr s ~nor ~ar awoustnrq~. »oRx - aa1~vE ~, .~ .. ~> , . EXISTING SITE LAYOUT LUNIN(~ F115 I UKY # DATE REQUEST ACTION 1 02/26/13 01/10/12 MOD CUP '-. ~~- _._____, Granted .. . , 2 09/08/98 CUP 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 offlcers, members, trustees, partners, etc. below: (Attach list if necessary) C. Chris Mitchum 2. List all businesses that have a parent-subsidiary' or affiiiated business entity2 relationship with the applicant: (Attach list if necessary) Mitchum Motorsports Automotive ~ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if properfy 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: (Aftach list if necessary) William Holda 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Holda Enterprises Inc. 0 ~ 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 epluJoyee of jkl~, 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? ~ O !~~ ~ ~ V ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ O f~~ ~ ~~ A ~ O DISCLOSURE STATEMENT C. CHF~IS MITC~UM ' 'Agenda It~m 2 Page 7 ~ 0 I~i ~ ~ V ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ O ~~ ~ ~~ A ~ O DlSCLOSURE 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) CBRE Commercial Real Estate O '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z"Affiliated business entity relaUonship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business enfity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control befinreen the business entities. Factors that should be considered in determining the existence of an affiliated business entity ~elationship 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 othervvise a close working refationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 22-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. ~ understand that, upon receipt of notfication (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at Ieast 30 days prior to the scheduled public heari~g ac:cording to the instructions in this package. The undersigned atso conse ts to entry upon the subject property by employees of the Department of Planning to otogra ~ and view the site for purposes of processing and evaluating this application. ~ ~~ ~ ` ~/ ---.~_ C. Chris Mitdtum Applica 's Signatu Print Name ` William Holda perty Owner' ignature (if differen an applicant) Print Name DISCLOSURE STATEMENT F C. CHE~IS MITC~UM ~Agenda It ,e~m 2 Pa~e 8 Item #2 C. Chris Mitchum Conditional Use Permit 5898 Thurston Avenue District 4 Bayside March 13, 2013 CONSENT An application of C. Chris Mitchum for a Conditional Use Permit for an automobile repair garage on property located at 5898 Thurston Avenue, District 4, Bayside. GPIN: 14599325740000. CONDITIONS 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. No tires for sale, merchandise, or parts shall be displayed or stored outside. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 6. Streetscape landscaping, in accordance with the City of Virginia Beach Landscaping Guide, shall be installed along Thurston Avenue. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE Item #2 C. Chris Mitchum Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 2 by consent. The applicant C. Chris Mitchum appeared before the Commission. ~ ~ ~ ~ ~ ~ O w ~ a c 0 U O ~ N ~ ~ Q ~ ~ ~ ~ ~ ~ ~ U ~ ~ .~ ~`~ V ~ W m ~ N ~ ~ ~ O ~ .~ a ~ 0 ~ ; ~, .~ y ~ H ~ ~ ~ ~ ~ ~1+ ~ ~ a N .y.. ~ oa V ~ ~ r Q ~ U •.;, .. p ~ ~ ~ ~ ` a+u -~i ~ ° ` ~> ~~ ~~ ..~. ~s; ~~~~~~,, CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: NICHOLSON PROPERTIES, LLC (Applicant) / CITY OF VIRGINIA BEACH (Owner), Chanae of Zoninq, A-12 Apartment to Conditional I-1 Light Industrial, 405 Fountain Drive (GPIN 2407462671; 2407462753; 2407463607). BEACH DISTRICT. MEETING DATE: April 9, 2013 ^ Background: The applicant requests a Change of Zoning from A-12 Apartment to Conditional I-1 Light Industrial for the purpose of constructing an office-warehouse building. The site is located within the Greater than 75 dB DNL AICUZ and Accident Potential Zones 1 and 2(APZ 1 and APZ 2) surrounding NAS Oceana. Due to the AICUZ and APZs on the site, the only uses permitted on the site are those that are compatible to the APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance. The development proposal proffered by the applicant with the rezoning is the result of the City's APZ-1 Acquisition Program, which has as its goal the replacement of uses that are incompatible in APZ-1 with uses that are compatible. In this instance, an incompatible residential use will be replaced with a compatible light industrial use. The City of Virginia Beach has worked and continues to work closely with the State of Virginia and the United States Navy to ensure that properties surrounding NAS Oceana are properly zoned to accommodate compatible uses. Rezoning the site from an Apartment zoning district to a Light Industrial category is consistent with the City's Air Installations Compatible Use Zone (AICUZ) program. The applicant's request has also been reviewed by the Oceana Land Use Conformity Committee (OLUCC), which found the proposed development to be compatible with airfield operations at NAS Oceana. ^ Considerations: The site size is 29,900 square feet. A 10,661-square foot office-warehouse building will be situated 58 feet from the front property line, 5.1 feet from the (southern) side property line, and 25 feet from the (northern) side and rear property lines. A single 30-foot wide access to the site will be centered along the front property line. There will be13 parking spaces, as well as street frontage, interior coverage, and buffer landscaping, particularly along the northern property line, which will consist of a 25-foot heavily planted buffer. Nicholson Properties, LLC Page 2 of 3 The applicant's intent is to use the building for storage of the lighter and smaller items (washers, dryers, mattresses, etc.) that are associated with the applicant's appliance sales business located at the intersection of Laskin Road and Virginia Beach Boulevard. Initial delivery of the items will be at that location. The applicant will then transfer items not stored in the main sales building to the subject site via delivery vans. At some point in the future, the applicant intends to cease use of the building for storage, as the applicant's business plan includes constructing storage space closer to the main store. Accordingly, the proposed building will be `flex-style,' allowing the owner the ability to divide the structure into a maximum of four office-warehouse units in the future when the storage uses is no longer necessary. The proposed building will be a combination of stained block, galvanized building panels, and exterior insulation finish system. Awnings are proposed over the entrances to the offices and signage is proposed above the overhead doors. The awnings and slight projection of the office sections of the proposed building provide some architectural relief to the facade of the proposed building. The applicant's request has also been reviewed by the Oceana Land Use Conformity Committee (OLUCC), which found the proposed development to be compatible with airfield operations at NAS Oceana. There was opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-3, recommends approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Only uses that are permitted in the I-1 Light Industrial District and compatible in the APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on the property. The eastern portion of the subject property is located within the APZ-1 zone and the western portion of the subject property is located within the APZ-2 zone. PROFFER 2: In order to provide for the coordinated development of the Property, the Property Nicholson Properties, LLC Page 3 of 3 shall be developed in substantial conformity with that certain plan entitled "Rezoning Exhibit for Nicholson Properties, LLC - Fountain Drive Development" dated 11/29/12, prepared by WPL Landscape Architects-Land Surveyors- Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to the City Council, with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the buildings will be substantially as depicted on the elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect and have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front faCade. PROFFER 4: There will be no tractor trailer or semi-trailer truck traffic associated with the proposed development. PROFFER 5: 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 acceptab/e as they dictate the leve/ of quality of the project and ensure that the property will be used on/y for uses that are compatible with APZ-1 and APZ-2 and the Greater than 75 d8 DNL. The City Attorney's Office has reviewed the proffer agreement dated December 3, 2012 and found it to be legally sufficient and in acceptable legal form. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . ~~ ~~ BEACH ~ ~I~~~„J; ~ea Ni holson Pro ~erties r.. ~ `R1 $2~' . '~°° _, . 1 _.. ~" ~~~ March 13, 2013 Public Hearing .~.....,... ~ , .-, t ~ ~ , .~~z ~ ~ _ , ~~-~ , QoP°~ ,~ ; ~ ~ ~° ' ~~ ~ APPLICANT: . ~ .~ , .n. , fg C..._= ~ r~.~. ~~ e ~~~ s ~L`11z ~~ ~-~~~ NICHOLSON ~ ~f/. ~ . ~ ~. ~~~~8~ ~~~- ~~~ = ~ ~~ +~ ;~~~~ PROPERTIES ~~ I ~, j A12 , „n !' ~ ~ ~ ~~d ~__-A42 , ~ ~ ~ . __ , -- i ~' ', ~~ ~> a; !- B PROPERTY OWNER: ~ ~ ~ ~' ?: 8~~, _ ~.~ , B ~ CITY OF' VIRGINIA ~ ~ ~ ~, , _ ,~ _ ~ ~~ ~__ _. _ - ~ ~ ~~ BEACH •z«i~..wncornw~P~an,..q.. Cond7tlonal2onlr~yChangehomA-t2toCondlUonalFl sp.~.v~o~ wva+~: a.mr. STAFF PLANNER: Faith Christie REQUEST: Chanqe of Zonina (A-12 Apartment to Conditional I-1 Light Industrial) ADDRESS / DESCRIPTION: 405 Fountain Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24074626710000; BEACH .711 acre More than 75 dB DNL; 24074627530000; Accident Potential Zones 1 24074636070000. and 2(APZ 1 and APZ 2) BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the existing site, zoned A-12 Apartment, to Conditional I-1 Light Industrial for the purpose of constructing an office / warehouse building. The building will be a"flex" style building, allowing the owner the ability to divide the structure into a maximum of four warehouse / office uses. The site is located within the Greater than 75 d6 DNL AICUZ and Accident Potential Zones 1 and 2 (APZ 1 and APZ 2) surrounding NAS Oceana. Due to the AICUZ and APZs on the site, the only uses permitted on the site are those that are permitted in the I-1 Light Industrial District and compatible in the APZ-1 and APZ-2 and the Greater than 75 d6 DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance. The submitted conceptual site plan depicts a site of 29,900 square feet. The proposed building of 10,661 square feet is situated 58 feet from the front property line, 5.1 feet from the (southern) side property line, and 25 feet from the (northern) side and rear property lines. A single 30-foot wide access to the site is centered along the front property line. The plan depicts 13 parking spaces, as well as street frontage, interior coverage, and buffer landscaping. The proposed building will be a combination of stained block, galvanized building panels, and exterior insulation finish system. Awnings are proposed over the entrances to the offices and signage is proposed NICHOLSON'~#tOPf I~~~~S Agenda Item 1 Page 1 above the overhead doors. The awnings and slight projection of the office sections of the proposed building provide some architectural relief to the facade of the proposed building. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Duplex dwelling / A-12 Apartment USE AND ZONING: South: . Landscape business / B-2 Business East: • Fountain Drive • Across Fountain Drive are a Single-family dwelling and a Duplex dwelling / B-2 Business and A-12 Apartment West: . Vacant property / A-12 Apartment NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with the site. COMPREHENSIVE PLAN: Urban Area - Hilltop Strategic Growth Area 7(SGA 7) This property is located in the Urban Area - Hilltop Strategic Growth Area (SGA) as identified by the Comprehensive Plan and the Hilltop Strategic Growth Area Master Plan, which was adopted as a Comprehensive Plan amendment on August 28, 2012. Though this area is located within a high AICUZ, it is recognized as an area for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and I-264 interchange. The Comprehensive Plan calls for redevelopment of obsolete commercial structures with new buildings placed according to new urban planning standards for the district. More specifically, the Hilltop SGA Master Plan's Land Use Plan acknowledges that the Hilltop area is home to a wealth of local businesses with a variety of retail, restaurant, office, health, and recreational uses and proposes land uses that build on Hilltop's role as a unique, regional destination while reinforcing land uses compatible with AICUZ restriction. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: Fountain Drive is a two-lane local street with a forty-foot (40') right-of-way width. This roadway is not on the City's Master Transportation Plan Map, and there are no Capital Improvement Project projects planned for this roadway. PUBLIC WORKS/TRAFFIC ENGINEERING The existing pavement width along Fountain Drive in front of this site appears to be approximately 18 feet. The developer will be required to improve the westem side of Fountain Drive along,#he #r~atage ~~ ~ ~ NICHOLSON PROPff~ ~ES Agenda It~~n 1 Pa~e 2 of this site to match the improvements that were installed at the property north of this site. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Fountain Drive No counts 9,900 ADT Existing Land Use - 52 available ADT Proposed Land Use 3- 54 ADT 5 PM Peak Hour Average Daily Trips z as defined b~r 0.711 acres of multi-family per A-12 Apartment District as defined b a 10,925 s uare foot warehouse buildin WATER: This site must connect to City water. There is an 8-inch City water line in Fountain Drive. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #287 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer main on Fountain Drive. DEVELOPMENT SERVICES CENTER: • Stormwater quality will be addressed in accordance with the Virginia Stormwater Management Handbook. . Right-of-way improvements, such as pavement widening, curb and gutter, storm drainage, street lighting, and landscaping may be required as part of the development of the site. . If a dumpster is required, a concrete dumpster pad will be required in accordance with Section 11.11 of the Public Works Specifications and Standards Manual. EVALUATION AND RECOMMENDATION The proposed request, for a Change of Zoning from A-12 Apartment District to Conditional I-1 Light Industrial District, for the purpose of developing the site as light industrial warehousing and office facilities, is acceptable. The City of Virginia Beach has worked and continues to work closely with the State of Virginia and the United States Navy to ensure that properties surrounding NAS Oceana are properly zoned to accommodate compatible uses. Rezoning the site from an Apartment zoning district to a Light Industrial category is consistent with the City's Air Installations Compatible Use Zone (AICUZ) program. The applicanYs request has also been reviewed by the Oceana Land Use Conformity Committee (OLUCC), which found the proposed development to be compatible with airfield operations at NAS Oceana. Staff, therefore, recommends approval of the request subject to the proffers listed 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 s~rve ~ NICHOLSON'~ROPf F~~~~S AgBnda It~m 1 Pa~e 3 as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Only uses that are permitted in the I-1 Light Industrial District and compatible in the APZ-1 and APZ-2 and the Greater than 75 d6 DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on the property. The eastern portion of the subject property is located within the APZ-1 zone and the western portion of the subject property is located within the APZ-2 zone. PROFFER 2: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Rezoning Exhibit for Nicholson Properties, LLC - Fountain Drive DevelopmenY' dated 11/29/12, prepared by WPL Landscape Architects-Land Surveyors- Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to the City Council, with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the buildings will be substantially as depicted on the elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect and have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a steel building with a brick and stucco front faCade. PROFFER 4: There will be no tractor trailer or semi-trailer truck traffic associated with the proposed development. PROFFER 5: 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 and ensure that the property will be used only for uses that are compatible with APZ-1 and APZ-2 and the Greater than 75 d8 DNL. The City Attorney's Office has reviewed the proffer agreement dated December 3, 2012 and found it to be legally sufficient and in acceptable legal form. , .. ~. r ~ :... - ~ :p" ?4 ^s ~~° `~ c~.- , tr . ~ ~ a : ""'.s:i.. ~ `~Mn ~ r ~.. . ~~~, ,. .. ~ ~, ,~. ~~ ~ ~ ~ ~- '~ ~ '~ =- .~,=,:~ ~ ..~ AERIAL OF SITE LOCATION , ,~~ ' NICHOLSON PROPERTIES ;~~j ' Agenda Item 1 ~~ Page 5 ~'~~,~'~ ~ ' 0 1 ~' S '_ S ~ ~ ~~ 6c _ ~? 1 ~_ _ _ ___'_ _ _ --1 '~I " ~ _' _ '" ~~~~-,~6g~y ~ev I "~' ~:~ $~Frr~~~, >~~ . ~e ~~~ ~~~ ~~~g ~~- ~~~ F ~p ~ _~~ - .~s 3~ - - ~ ` + 1, y~ ra -1- '. r . ~i . _ , _ ~~ €~,~ ~k - I ~ ~ ~€ ,_ ~- s~~ _ ~ ~ I : ~ 3~ ~ ~--- ~ ~ ~~ ~ , ~ ~ ~ ~__ ,, ~~~~3~' ! ~ ~ ~~ ~~ I ~E~ ~ ~:, ~ ~ ~~ ~~ ~~g ~ ° ~~ z ' ~ ° ~\ ~I .~ ~ m ` ~ II ~ a ~ -`\ ^-r - - . ~c -------- ~ - ~ - . _ ~~~- ~~~~~k.5 L=° ~=~ ,~gC X' ' /' F ^. ~ °~ ~ ~ C ~ N ~ ~ O ~ O ~ c ~ ~ } ~~ ~ W~ Y ~~ C 4 ~ ~ w ~ ~~a F Z U~ W ~~ O a ~ > ~ ~ a Q a~ a ~~ ~ ~~ A a~ F~ V~ W E-~ z a ~~ ~ a~ WA°a~ ~a ~ Q;~~~ ~ E"'' ~ z ~ wZ~a~ o ~ ~~ a ~ ~ (-~4 > 3 ~ ~ ~ ~ F '>__~ - ~.. ~ ~\ ,,,7,~. g ~~~ ~ ~~ ~ ~ PROPOSED SITE PLAN r r:~Ni~; ~~A, NICHOLSO 1 ~ ~- rage b i' # .> ~_ ~ ~ Z = ~ 3 ~ 1 r s ~, 7y 'i'a '~,-T;s ,.::u?,:. `_ S n~ ~ <.. _.n~5 . ~ ~ ~ ~~ E~ uT r 3 ~ ~~ $ ~ ~ ~~ ~ C 3S r'~~ i3 ~~~ ~~ / ~ w X Y ~ 7 V 7 1 d ~~l ~ ~ N Q~ 7 ~ ~' < 2 1 ~ ~ ~ l~ > , ~ t; ~ ~ o i. ; . {~- ~ ~ r ~ ;~ ~ ~ ~ ~~ r ~«~ r ; > ~ ~ ~~ ~ ~' ~ ~) ~j 0 ~ ~ ~ ~ ~ ~' o I~i '~~` 1~ tJr+r,:~"~ . D- PROPOSED BUILDING ELEVATION ZONING HISTORY # DATE REQUEST ACTION 1 1/13/69 Rezoning (R D 2 Residence Duplex to R M Residence Approved Multiple Family) 1/25/94 Aiterations to a Nonconformin Use Approved 2 8/13/84 Rezonin A-1 Apartment to B-2 Business Approved 3 5/11/05 Conditional Use Permit Bulk Stora e Withdrawn 4 10/8/96 Conditional Use Permit Motor Vehicle Sales Approved 5 6/1/12 APZ1 Conditional Use Permit (Automotive repair) Pending 4/1/10 APZ1 Conditional Use Permit (Automotive repair) Withdrawn 4/30/09 APZ1 Conditional Use Permit Automotive re air Deferred 6 11/13/12 Rezoning (A-12 Apartment to Conditional B-2 Approved Business) and Conditionai Use Permit (Motor Vehicle Sales and Service 7 3/27/98 Alterations to a Nonconformin Use Denied NICHOLSO ~~~-'~ Nage ts . ;~~ ~~ o~ c9 _ ., ...,.-.. .p~sc~~~ y1.:. , siS DISCL.OSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foilowing: 1. List the applicant name followed by the names of all officers, members, tnastees, partners, etc. below: (Aftach list if necessary) ~IliLl'~D~`~A'~ ~~'~es. LL.G_ '~01~ L ~Vichol5an 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) /lIONF ^ 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 af all officers, members, trustees, partners, etc. below: (Attach list if necessary) C;~y ,~ V,~,.~; q ~3.ea~ 2. List all businesses that have a parent-subsidiary~ or a~liated business entityZ relationship with the applicant: (Attach list if necessary) NO //F ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. &` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ~ No ^ If yes, what is the name of the official or employee and the nature of their interest? ~iiy-Y o-F /irqri~iA ~a~ or,~/~s -f-1,~ IQnd Condkional Rezoning Application Page 11 of 12 Revised 11/16/2008 ~ O I~i ~ V ~I ~~ ~~ ~ ~ ~ ~ O ~ ~ ~ O ~~ ~ F~~y A ~ ~ V DISCLOSURE STATEMENT NICHOLSON ~?'#20P~R'~~~$ Agenda Item 1 Pa~e 9 ~ ~"~ DISCLOSURE STATEMENT 1~~ ~ ~ ~ ~ ~ F~ ~ ~~ ~ ~ N ~ ~ O ~y ~ ~y A ~ ~ V ADDITIONAL DISCLOSURES Lis# 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) ~iYaiOe.e~in9 ~ WPL 1~`„q~ ,.- 1Ck d~''mGrn ~ CRnO/C5 7"~e --~ ~~r~j~ I~afion4l 7it/~ L~s~rance Co~-r~P~/J- ~rchitr~tu"a/- lNayn~ A~~l~r~on '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3'101. z"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 entitiss; there are common or commingied funds or assets; the business entities share the use of the same o~ces 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 certity 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 cons nts to en upon the subject property by employees of the Department of Pl~puj~ ~to,.pliq~ ~ . ~ 9 09 h d vi the site for purposes of processing and evaluating this application. .IQ ~1 SOY~~~ fzobe~'-~ L. t~lichol5oy~ Print Name ~T ~ . ~1-~,23~2T Contlitionel Rezoninp Application Page 12 of ~ 2 Revised 7/3/2pp7 DISCLOSURE STATEMENT NICHOLSON ~?~20PE1~"~~ES Agenda It~:m 1 Pag~; 1D Item #1 Nicholson Properties, L.L.C. Page 2 There will be no tractor trailer or semi-trailer truck traffic associated with the proposed development. PROFFER 5: 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. AYE 8 NAY 3 ABS 0 ABSENT 0 BERNAS NAY FELTON AYE HENLEY NAY HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAY By a vote of 8-3, the Commission approved item 1. John Richardson appeared before the Commission on behalf of the applicant. Rob Nicholson, the applicant, also appeared before the Commission. Tiffany Fernandez, Lin Old, Douglas King, Ashley Cerino, Joanne Garris, and Richard Garris appeared before the Commission in opposition. lr1!A' B ~A ~~G~~~ch. p~` ~~_ . ~~'P ~ ~~~ ~~:~ ~~ `'~ ~. CITY OF VIRGINIA BEACH ~ 1: ~ p ..~ ~ °~' ~~~ ~' - " ~ ~ 1NTER-OFFICE CORRESPONDENC~ .~ ~ * ~ ~~ - ; 2 o ~, ~"x w. ~~ y, ~ n ' ~ ~'~'5~~~~~.'~~ ~F OUR NPt\0 In Reply Refer To Our File No. DF-8595 TO: Mark D. Stiles ~ , B. Ka Wi~son~ FROM~ y DATE: March 29, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Nicholson Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 9, 2013. I have reviewed the subject proffer agreement, dated December 3, 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 CITY OF VIRGINIA BEACH a municipal corporation of the Commonwealth of Virginia And NICHOLSON PROPERTIES, LLC a Virginia limited liability company To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 3`d day of December, 2012, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, and NICHOLSON PROPERTIES, LLC, a Virginia limited liability company, collectively parties of the first part (the "Grantors"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. The City of Virginia Beach is the owner of a certain parcel of real property located in the City of Virginia Beach, Virginia, bearing a current street address of 405 Fountain Drive„ Virginia Beach, VA and more particularly described upon Exhibit A attached hereto and made a part hereof. B. Nicholson Properties, LLC has contracted to purchase from the City of Virginia Beach the property described hereinabove pursuant to that certain Purchase Agreement dated September 14, 2012. C. Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantors addressed to Grantee to change the zoning classification of the Property from A12 Apartment District to Conditional I-1 Light Industrial District. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). D. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. E. Grantors acknowledge 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 recognize the effects of change, and the needs for various types of uses, certain reasonable PREPARED BY: JOHN W. RICHARDSON, ATTORNEY AT LAW, KAUFMAN & CANOLES, P.C. GPIN NO. 2407-46-2671-0000; 2407-46-3607-0000; and 2407-46-2753-0000 conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise. F. 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 for the I-1 Light Industrial District Zoning District, the following reasonable conditions, hereinafter set forth, related to the physical development, operation, and use of the Property to be adopted as part of the 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. G. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: l. Only uses that are permitted in the I-1 Light Industrial District and compatible in APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on this property. The eastern portions of the subject property is located within the APZ-1 zone and the western portions of the subject property is located within the APZ-2 zone. 2. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Rezoning Exhibit for Nicholson Properties, LLC - Fountain Drive Development" dated 11/29/2012, prepared by WPL Landscape Architects-Land Surveyors-Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to City Council, with regard to layout, ingress and egress, and landscaping. 3. The architectural design of the retail buildings will be substantially as depicted on the elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect and have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach 2 Department of Planning ("Elevations"). The building shall be a steel building with a briclc and stucco front fa~ade. 4. 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. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations by Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantors. Grantors acknowledge that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including, but not limited to, final Site Plan approval. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. The Grantor covenants and agrees 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 specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) 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 City Zoning Ordinance or this Agreement, a petition shall be filed to 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 conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department 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 Grantor and Grantee. WITNESS the following signs and seals: 3 CITY OF VIRGINIA BEACH By~ /~ . l, ~~/~- Name: r,c~i22 S . 1 '~~.2~3rS,2T Title~~ Q~n~i ~{ C~ c`( w~ ~~~4~1.. ~ COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~c~» a o~c,~ e~ , the dersigned, a Notary Public in and for the City and State afor id, do hereby certify that eGvi.~Q~. .~c,~~, (Name), whose name is signed to the foregoing instrument as Cvha Title) of the City of Virginia Beach, has sworn to, subscribed, and ac owle ed e same before me in the City and C monwealth afo esaid this a~~' day of January, 2013. The said ~~,f ~ is / personally known to me, or _ has produced ~" for identification purpo . . ~/1~ ~ p(-`~ `~~--~ Notary Public My commission expires: /a - 3~ - / ~`~f Registration No.: ~1 ~ ~ 3 v5 ~ '}~;;~~~~ a ~ 4 fi~~ ~, ~:'~: ''~~ .,, ~y~ ~, Sandy Marie Madison Commonwealth o( Virginia Notary Public Commission No. 7073053 My Cnmmission Cxpires 17131/?014 4 ATTEST: CITY OF vIRGINIA BEACH, VIRGINIA O' - C~~~,F -signattlte - City Clerk ~r~ CITY'S ACKNOWLEDGEMENT STATE OF VIRGINIA CITY OF V NIA BEACH, to wit: ` I, Q~, G:_-~..~ ~-r~~ , a Notary Public in and for th ~~ City and state aforesaid, do hereby certify that ~~ Q~( it~1 __ 7~-~/~~(~.o Cit Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement, ~~ ~~20 /.2~ h bearing date the ~ day of ~c , , as acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this o~~ day o ~~-~ , 20 ~. U l~~ ~~- My Commission Expires: ~c~ ~ 3~'~~ Notary Registration Number: ~ ~ ~ ~ ~~ ~ ,~~,,. Sandy Marie Madison Commonwealth of Virginia Notary Public :,.~ .+. Commission No. 7073053 ~~'~'yn,~ My Cnmmis:;ion [xpires, 17/31/2014 6 NICHOLSON PROPERTIES, LLC By: ~,l ~~ ~ Name: Robert L. Nicholson, Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~iZ{ T~~ , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Robert L. Nicholson, whose name is signed to the foregoing instrument as Member of the Nicholson Properties, LLC, has sworn to, subscribed, and acknowledged the same before me in the City and Co~ onwealth aforesaid this /S day of January, 2013. The said Robert L. Nicholson is / personally known to me, or _ has produced for identification purposes. ~ Notary Public My commission expires: /'~ ~~~~~~~ TAN~otnryDPubKER Registration No.: ; Commonwealth of~rginia Registration # 192699 5 EXHIBIT A LEGAL DESCRIPTION ALL THOSE CERTAIN LOTS, PIECES OR PARCELS OF LAND, WITH THE BUILDINGS, APPURTENANCES AIVD IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AND BEING KNOWN, NUMBERED AND DESIGNATED AS LOTS 98, 99, 100 AND 101, AS SHOWN ON THE PLAT ENTITLED "A PART OF MAXEY MANOR" WHICH PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA iaos22i3~~ 7 K. APPOINTMENTS AUDIT COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ~~~~~~~~~~~~~~~~~*~~~~~~~~~~~ PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE Presented by the City Manager April 161h Budget WorkshopBriefings Conference Room April 18`h Public Hearing VB Middle School April 23`d Budget WorkshopBriefings Conference Room April 23rd Informal/Formal Session/Public Hearing Council Chamber May 7~h Budget Workshop Reconciliation Conference Room May 14th Vote on the Budget Council Chamber 2013 CITYHOLIDAYS ,?~~ee~noricrl I~-cty - z'Vlorzrlci,~>, ~L.~r{V 27 ~rrrleperiderice Dt~1~ - Tlrzrrsrlt~l~, .~i~lv 4 Lanor I)ay - tlland~ry, Septetnber 2 Vi~terrr~rs Tl~}~ _ Mc~rirf~y, l~ro~jenrber 17 Thar~ksgivin~* Pay ~~ Ilc~y aJter Tha~rks~~ivin~ - Tlrurs~iay, tt~"nv~rnhczr 28 ~c~ Fri~cr~t'. N~-~~ember 29 C/~tarstnicts Evc~ (/zalf-dcr.y) - Tuesrluy, Decernber 24 Cli~~istnicxs Day - T~'ednes~tay, TJ~ece~rz~iYr 25 CITY OF VIRGIMA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 3/26/2013 PAGE: 1 S" H S p E H A E W AGENDA ITEM # SUBJECT MOT]ON VOTE p S E J M S U I A T D N O M M S H L W 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 1. BRIEFINGS p. POST 2018 SPSA RESOLUTION Dave Hansen, Deputy City Manager g, INTERIM FINANCIAL STATEMENT Patti Phillips, Director Finance IllIIU1VN- CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y l' Y Y 1' }' Y Y Y Y g SESSION A p, MINUTES - March 12, 2013 APPROVED 10-0 Y Y Y Y Y Y Y Y Y B Y T A 1 N E D G/H MAYOR'S PRESENTATION JoAnn Faletto, 1. VIRGINIA SYMPHONY ORCHESTRA Maestro Rony Thomas, Incoming Chairman of the Board - CITY MANAGER'S PRESENTATION Catheryn Whitesell, Director, Management 1. FY 2013-14 OPERATING/CAPITAL Services BUUGET ~ PUBLIC HEARINGS ~ LEASE OF CITY-OWNED PROPERTY No Speakers a. Atlantic Avenue/3`d Street 2 TRANSFER PROPERTY/ DEVELOPMENT AUTHORITY One (1) Speaker a. 19th, 20~' Streets b. Arctic/Baltic Avenues K-1 PUBLIC COMMENT No Speakers 19'h Street Parking CITY OF VlRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 3/26/2013 PAGE: 2 S H S D E H A E ~' AGENDA ITEM # SUBJECT MOTION VOTE p S E J M S U 1 L W A T D N O M M S H 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 L-1 Ordinances to AUTHORIZE/ EXECUTE a Lease with Dreamquest, LLC re entertainment at Atlantic Avenue/3"' ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Street Z. Ordinance to AUTHORIZE a Request for Bids to lease City-owned property @ Prosperity Road re a Camp for children ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y with special needs/disabled Veterans 3. Ordinances to EXTEND compliance of Conditions 1/2/3 re closing portions of: ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y a. r-o-w at Oakmears Crescent b. Oakmears Crescent r-o-w (Princess Anne Road) 4. Ordinance to ACCEPT/APPROPRIATE $30,520 from Smart Beginnings re Early ADOPTED, BY CONSENT ll-0 Y Y l' Y }' N Y Y Y Y Y Learning Challenge Grant Initiative M_~. FItANK T. WILLIAMS Variance to §4.4 (b) Subdivision Ordinance re 2 lots/ ADD area at 5309 Morris Neck Road ~pROVED, CONDITIONED, BY CONSENT 1~_p y y y Y Y Y Y Y Y Y }' (DISTRICT 7 - PRINCESS ANNE) 2. JAMIE COLE Modification ofCondition No. 7 re buffering at 520 Dunkirk Court (DISTRICT 5 - LYNNHAVEN) /~PROVED WITHDRAWAL, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y 3. RIVERS OF LIFE, LLC: APPROVED, AS PROFFERED,BY 11-0 Y Y Y Y Y }' Y Y Y Y ~( a Conditional COZ from R-7.5 to PD-H2 CONSENT at 736 Newtown Road (DISTRICT 2- KEMPSVILLE) b. Modification of Proffers Nos. 1-5/8 to EXPAND land area/MODIFY site layout at 736 Newtown Road (DISTRICT 2- KEMPSVILLE) q. HOME ASSOC OF VIRGINIA, INC/ ROYAL COURT/CHELSEA PLACE CONDO ASSOC for Modification of APPROVED, AS pROFFERED,BY CONSENT 11-0 Y Y Y Y Y N Y Y Y Y Y Proffer No. 8 of a Conditional COZ re age- restrictions at Princess Anne Road/West of Cross Road (DISTRICT 7 - PRINCESS ~ ANNE) R O S S- p H S E H A E W N VOTE p S E J M S U I A T D N O M M S H L W V E Y L N O O O R S O 1 p E E E S N M ~] O O S H R Y S S D S N N D 5. LAURIE WOMACK CUP re Child ~'PROVED, CONDITIONED, BY ~ t_p y y Y Y Y Y Y Y Y Y Y Daycare a[ 321 West Farmington Road CONSENT (DISTRICT 6 - BEACH) 6 Ordinance to AMEND Sec 1904/1905 of DEFERRED TO 11-0 Y Y 1' Y Y S' Y Y Y Y Y . APRIL 23, 2013, BY CZO re lot requirements/design incentives CONSENT in the Old Beach Overlay District (DISTRICT 5- LYNNHAVEN) '7 Ordinance to AMEND the Comprehensive ~OPTED, BY 11-0 Y Y 1' Y Y 1' Y Y Y Y Y . Plan to ADD the Centerville SGA Master CONSENT Plan/REVISE the Plan's Policy Document RESCHEDULED B Y C O N S E N S U S N APPOINTMENTS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION TRANSITION AREA/ITA CITIZENS /~PPOINTED 11-0 Y Y Y Y Y Y Y Y~ Y Y Y ADVISORY COMMITTEE LINWOOD BRANCH AS CHAIRMAN APPOINTED 2- YEAR TERM 03/01113-02/28/15 JOHN W. CROMWELL O/V/Q ADJOURNMENT 7:00 PM R O S S- D H S E H A E W 'ION VOTE p S E J M S U I A T D N O M M S H L W 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 FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE April 2nd Budget Workshop April 9`" Budget Workshop April 16`" Budget Workshop April 18`h Public Hearing at VB Middle School April 23rd Budget Workshop April 23rd Public Hearing in the Council Chambers May 7`h Budget Workshop - Reconciliation May 14`h Vote on the Budget 2013 CITYHOLIDAYS ~~lernorial Dfry -1Vlan~lay, Mrry 27 Inrlepericferxce nn~~ - Thu~•s~(~~y, July 4 I.«bar nay - Mondc~i~, 5e~rtetnber 2 V~~terans Dcry - Mondrrt', ~'Vovem6er 11 T/acr~~ksgivirrg Day c~ I)ay nfter Tlrarzks~ivirzg - TIra~YS~lcr1~, November ?8 & Frirfcry, Noveniber 29 Chr%stmrrs Iive {llcxCf=~lay) - Trcescl~r~~, I3c~cerytber 24 C'{rristmcrs Day - W etlnesdccy, Decernber 2 i