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NOVEMBER 12, 2013 AGENDACITY COUNCIL MAYOR WILLIAM D. Sh'SSOMS, JR., At -Large VICIi MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERTA1. DYHR, Centerville- District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMF,LIA ROSS-HAMMOND, Kempsvtlle - District Z JOHN B. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CI7'YA7TORNEY MARKD.S77LhS CITYASSESSOR JLRALD U HANAGAN CITYAUDITOR LYNDONS REA4IAS CI7'Y CLERK RUTH HOD(;L S FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA L CITY MANAGER'S BRIEFINGS 12 November 2013 - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, 17RGINIA 23456-9005 PHONG:(757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl(awbgov.cotn A. FLOODPLAIN REGULATION REVISIONS Clay Bernick, Environment and Sustainability Office Administrator Whitney McNamara, Sustainability Planner B. PPEA PROPOSALS TO CONSTRUCT LIGHT RAIL Dave Hansen, Deputy City Manager II. CITY COUNCIL DISCUSSION City Council Vacancies III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM 5:30 PM VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER: Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Pastor Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF THE CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 2-469 re the Audit Committee October 22, 2013 b. Public Works Standards and Specifications re Cavalier Shores Historic Sidewalk 2. Light Rail Proposals: a. Resolution to DIRECT the City Manager to ACCEPT two (2) Conceptual Proposals 1. Parsons Construction Group, Inc. 2. American Maglev Technology, Inc. b. Ordinance to TRANSFER $470,000 re Consulting Services: 1. $200,000 - Department of Public Works 2. $170,000 - Office of the City Attorney 3. $100,000 - Department of Finance 3. Resolution to SUPPORT the City's application for the FY 2014-15 Virginia Department of' Transportation (VDOT) Revenue Sharing Program: $7 -Million - First Colonial/Virginia Beach Boulevard $3 -Million - Rosemont Road 4. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement to CONSTRUCT and DEDICATE Community Signs at Atlantic Avenue, 83rd and 42`/2 Streets 5. Resolution to AUTHORIZE the revised Neighborhood Identification Sign Policy 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Amendment with E.V. Williams re City -Owned property at 1401 Southern Boulevard DISTRICT 6 — BEACH 7. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Wesley: ROBERTA MAE MADDOX re wood dock, ramp, fence, bulkhead, riprap, gangway and boat lift at 540 Southside Road DISTRICT 6 — BEACH b. Treasure Cove: The CASTLEMAN FAMILY REVOCABLE LIVING TRUST re bulkhead, riprap, pier and return wall at 2409 Spindrift Road DISTRICT 5 — LYNNHAVEN 8. Ordinances to ACCEPT and APPROPRIATE: a. $258,800 DEA Shared Asset Special Revenue Fund re Police Equipment and Contractual Services b. $ 61,874 to the FY 2013-14 Library Operating Budget re "Stock the Shelves" donations c. $ 56,250 from the U.S. Department of Homeland Security and $18,750 City match from the 2011 Aid to Localities re Fire Department's Marine Team d. $ 20,661 Federal Emergency Management Administration (FEMA) re Urban Search and Rescue Team — Colorado flooding e. $ 20,645 to the FY 2013-14 Sheriffs Office Budget re Store Keeper I full-time position I. PLANNING 1. Applications for Non -Conforming Uses: a. CYNTHIA RICKMAN re redevelopment to demolish and construct new townhouse units at 404 34th Street DISTRICT 6 — BEACH RECOMMENDATION: &V0101 -190-y" b. ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC (A.R.E.) re alteration to replace and install a new sign at 215 67th Street DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of CHECKERED FLAG to MODIFY a Conditional Use Permit re vehicle sales at 3700 Sentara Way (approved February 24, 1997) DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 3. Application of LYNNHAVEN SHOPPING CENTER, LLC for a Conditional Use Permit re an indoor fitness and wellness facility at 2866 Virginia Beach Blvd DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 4. Application of JANICE M. COFFMAN for a Conditional Use Permit re a child Daycare at 585 Lavender Lane DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 5. Application of RESCUE AUTOMOTIVE for a Conditional Use Permit re a repair garage at 294 North Witchduck Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. APPLICATION of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 7. Application of the CITY OF VIRGINIA BEACH to EXTEND the date for compliance re a Street Closure at Lake Avenue and Oak Street and portions of Locust Crescent and Ellis Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL J. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (Vf K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 CITY COUNCIL/SCHOOL BOARD JOINT MEETING -B UILDING 19 1. FIVE-YEAR FORECAST TUESDAY, NOVEMBER 19, 2013 3:30 P.M. 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-S: 00 P.M. Monday, January 6`h' and Tuesday, January 7`h, 2014 2013 CITY HOLIDAYS Thank ivin't Dq.j1 and Da.y gfter Thanks�;;ivinl Tl7nrsrlaxy, : oven7her 28 and Fridaj• N`Oventher 29 Christmas Eve (half-day) - Tuesrhty, December 24 Christmas Dativ - ii'ednesdal,, December 25 CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. FLOODPLAIN REGULATION REVISIONS Clay Bernick, Environment and Sustainability Office Administrator Whitney McNamara, Sustainability Planner B. PPEA PROPOSALS TO CONSTRUCT LIGHT RAIL Dave Hansen, Deputy City Manager II. CITY COUNCIL DISCUSSION City Council Vacancies 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 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 Walter A. Whitehurst Pastor Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF THE CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 22, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 2-469 re the Audit Committee b. Public Works Standards and Specifications re Cavalier Shores Historic Sidewalk 2. Light Rail Proposals: a. Resolution to DIRECT the City Manager to ACCEPT two (2) Conceptual Proposals 1. Parsons Construction Group, Inc. 2. American Maglev Technology, Inc. b. Ordinance to TRANSFER $470,000 re Consulting Services: 1. $200,000 - Department of Public Works 2. $170,000 - Office of the City Attorney 3. $100,000 - Department of Finance 3. Resolution to SUPPORT the City's application for the FY 2014-15 Virginia Department of Transportation (VDOT) Revenue Sharing Program: $7 -Million - First Colonial/Virginia Beach Boulevard $3 -Million - Rosemont Road 4. Resolution to AUTHORIZE and EXECUTE a Memorandum of Agreement to CONSTRUCT and DEDICATE Community Signs at Atlantic Avenue, 83`a and 42`/2 Streets 5. Resolution to AUTHORIZE the revised Neighborhood Identification Sign Policy 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Amendment with E.V. Williams re City -Owned property at 1401 Southern Boulevard DISTRICT 6 — BEACH 7. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Lake Wesley: ROBERTA MAE MADDOX re wood dock, ramp, fence, bulkhead, riprap, gangway and boat lift at 540 Southside Road DISTRICT 6 — BEACH b. Treasure Cove: The CASTLEMAN FAMILY REVOCABLE LIVING TRUST re bulkhead, riprap, pier and return wall at 2409 Spindrift Road DISTRICT 5 — LYNNHAVEN 8. Ordinances to ACCEPT and APPROPRIATE: a. $258,800 DEA Shared Asset Special Revenue Fund re Police Equipment and Contractual Services b. $ 61,874 to the FY 2013-14 Library Operating Budget re "Stock the Shelves" donations c. $ 56,250 from the U.S. Department of Homeland Security and $18,750 City match from the 2011 Aid to Localities re Fire Department's Marine Team d. $ 20,661 Federal Emergency Management Administration (FEMA) re Urban Search and Rescue Team — Colorado flooding e. $ 20,645 to the FY 2013-14 Sheriff's Office Budget re Store Keeper I full-time position pC �� 4~ >l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Amending City Code Section 2-469 Regarding the Audit Committee. MEETING DATE: November 12, 2013 ■ Background: City Code § 2-469 established an audit committee by City Council appointment to ensure independence of the audit function; and City Council on April 3, 2007 endorsed converting the City Auditor to an appointee of the City Council. The audit committee consults with the City Auditor regarding technical issues and works to assure maximum coordination between work of the Office of the City Auditor and external audit efforts. Currently, the City Code provides that the audit committee is responsible for: 1) Reviewing the city auditor's annual plan and budget before submission to council. 2) Reviewing final audit reports before issuance; 3) Transmitting audit reports to council; 4) Monitoring follow-up on reported findings to assure corrective action is taken, 5) Reporting to council on problems or problem areas as such times as deem appropriate; 6) Performing an evaluation of the city auditor annually and reporting the results of the evaluation and effectiveness of the audit function to council; 7) Reviewing reports of the external auditors; and, 8) Evaluating the findings and recommendations of the peer review of the audit function as required by Government Auditing Standards. ■ Considerations: At the request of the audit committee, two changes to Sec. 2- 469 are being requested to reflect the current practice and the actual responsibilities of the audit committee. Change #1: Revise wording of responsibility 2 From: "Reviewing final audit reports before issuance." To: "Reviewing final audit reports upon issuance." Note: It is the role of the City Auditor and City management to review audit reports before issuance. The audit committee provides governance and thus is currently reviewing all audit reports upon issuance and not before. Change #2: Delete responsibility 3 Delete: "Transmitting audit reports to council." Note: Upon completion of all audits it is the role of the City Auditor to transmit the audit reports to management, the audit committee, and City Council. This is the current and appropriate practice. Thus, this responsibility should be deleted. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department: Office of the City Auditor xs, I 1 /1 it? City Manager: 1 AN ORDINANCE AMENDING CITY CODE SECTION 2-469 2 REGARDING THE AUDIT COMMITTEE 3 4 WHEREAS, public officials, government managers and citizens want and need to 5 know not only whether government funds are handled properly and in compliance with 6 laws and regulations, but also whether public programs are achieving the purposes for 7 which they were authorized and funded, and, whether they are doing so efficiently and 8 economically; and 9 10 WHEREAS, an independent auditing function can provide objective information 11 on the operations of government programs, assist managers in carrying out their 12 responsibilities, and help ensure full accountability to the public; and 13 14 WHEREAS, Government Auditing Standards provide a framework for improved 15 government decision-making, oversight and accountability; and 16 17 WHEREAS, the independence and public accountability of the audit function can 18 be assured by provision of an appointed city auditor; and 19 20 WHEREAS, City Code Article XXVIII, section 2-469 established an audit 21 committee by City Council appointment to ensure independence of the audit function; 22 and 23 24 WHEREAS, City Council on April 3, 2007, endorsed converting the City Auditor 25 to an appointee of the City Council; and 26 27 WHEREAS, under this concept the City Auditor reports directly to City Council 28 but works with an audit committee comprised of two councilmembers and three citizens, 29 one of whom is a certified public accountant and two of whom have financial expertise. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 ARTICLE XXVIII. OFFICE OF THE CITY AUDITOR 34 35 Sec. 2-469. Audit committee. 36 37 (a) To ensure independence of the audit function, an audit committee is 38 hereby established. The audit committee shall consist of five (5) members: two (2) non - 39 voting councilmembers and three (3) voting citizen members, who shall be appointed by 40 the council. At least one (1) of the citizen members shall be a licensed certified public 41 accountant, and the other two (2) citizen -members shall have a background in finance, 42 accounting, and/or auditing. Of those first appointed, one (1) member shall be appointed 43 for a term of one (1) year, one (1) for a term of two (2) years; one (1) for a term of three 44 (3) years; and thereafter all appointments shall be for a term of three (3) years. 45 46 (b) The audit committee shall consult with the city auditor regarding technical 47 issues and work to assure maximum coordination between work of the office of the city 48 auditor and external audit efforts 49 50 (c) The audit committee shall meet as needed to perform its duties but shall 51 not meet less than three (3) times annually and shall be responsible for: 52 53 (1) Reviewing the city auditor's annual plan and budget before submission to 54 council. 55 (2) Reviewing fi=g audit reports befGFe issuanGe upon issuance; 56 57 {4)(3) Monitoring follow-up on reported findings to assure corrective action is 58 taken; 59 (5)L41 Reporting to council on problems or problem areas at such times as 60 deemed appropriate; 61 {re)L51 Performing an evaluation of the city auditor annually and reporting the 62 results of the evaluation and effectiveness of the audit function to council; 63 (7-)&l Reviewing reports of the external auditors; and 64 (8)LD Evaluating the findings and recommendations of the peer review of the 65 audit function as required by Government Auditing Standards. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO CONTENT: 4� T. fi,,� fill City Auditor CA12814 R-2 November 1, 2013 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic r C� ar '�"Pnt7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Public Works Standards and Specifications Regarding Cavalier Shores Historic Sidewalk MEETING DATE: November 12, 2013 ■ Background: The historic brick sidewalk at the Cavalier Hotel and in the Cavalier Shores subdivision dates from 1927. It has sustained damages from various sources, including the parking of motor vehicles on it, and Councilmembers Wilson and Uhrin have requested that an ordinance be brought forward to prevent further damage by prohibiting the construction of driveways across the historic sidewalk in Cavalier Shores. ■ Considerations: The ordinance amends the Public Works Standards and Specifications to prohibit driveways to 43rd and 44th Street and to the south side of 45tr' Street, the streets on which the historic sidewalk is located. The affected lots have adequate access to the alleys at the rear of the lots. The ordinance is consistent with deed restrictions applicable to those properties and with a resolution adopted by the City Council in 2010, requesting, among other things, that the Departments of Planning and Public Works take actions to preserve the historic sidewalk to the extent feasible. The ordinance would be enforced by the Planning Department, which would be required by virtue of the amended Standards and Specifications to disapprove any site plan showing a driveway in the prohibited locations. U Public Information: Advertisement as a normal agenda item. Representatives of Cavalier Shores have been made aware that the ordinance is being brought forward N Alternatives: While there is no legal requirement that the ordinance be adopted, it provides the City with a means to preserve the historic sidewalk in Cavalier Shores r Recommendations: Adoption of ordinance E Attachments: Ordinance Requested by Councilmembers Wilson and Uhrin 1 REQUESTED BY COUNCILMEMBERS ROSEMARY WILSON AND JOHN E. UHRIN 2 3 4 AN ORDINANCE AMENDING CHAPTER 3 OF THE 5 PUBLIC WORKS STANDARDS AND 6 SPECIFICATIONS TO PROHIBIT DRIVEWAYS TO 7 STREETS IN THE CAVALIER SHORES 8 SUBDIVISION IN WHICH THE HISTORIC BRICK 9 SIDEWALK IS LOCATED 10 11 12 WHEREAS, in 1927, Virginia Beach's historic Cavalier Hotel was constructed 13 14 WHEREAS, also in 1927, brick sidewalks were installed in the adjacent Cavalier 15 Shores subdivision, east and west along the south side of 45th Street, and east and 16 west on both the north and south sides of 43rd and 44th Street, as well as the walk from 17 the Old Cavalier Hotel on the hill from Cavalier Drive to 45th Street; 18 19 WHEREAS, like the Cavalier Hotel, these brick sidewalks are historic structures 20 that form an integral part of Virginia Beach's architectural history, 21 22 WHEREAS, its historic nature, portions of the sidewalk have been damaged by 23 the removal of bricks, the parking of motor vehicles on it and the construction of 24 driveways across it, thereby resulting in damage to the sidewalk and creating a potential 25 safety hazard for pedestrians and drivers and detracting from the appearance of a 26 valuable historic asset owned by the public; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH: 30 31 That Chapter 3 of the Public Works Standards And Specifications is hereby 32 amended by the amendment of Section 3.10.4 and the addition of a new section 33 numbered 3.10.5 (k), pertaining to the historic brick sidewalks in the Cavalier Shores 34 subdivision, to read as follows: 35 36 37 Chapter 3 Geometric Alignment & Design 38 39 .... 40 41 3.10.4 Residential Entrances in the North Beach Area 42 43 In an effort to balance the functional need for residential driveways protect public 44 property, and to maximize on -street public parking in the North Beach area, the 45 following driveway standards will be adhered to for all single family, duplex and 46 multifamily site plans in the 100/200 blocks of 41st Street to 89th Street: 47 48 .... 49 50 3.10.5 Residential Entrances for Duplex and Single Family Developments 51 52 .... 53 54 k) In order to prevent damage to the historic brick sidewalks in the Cavalier Shores 55 subdivision on lots west of Atlantic Avenue driveways to 43rd or 44th Street or to the 56 south side of 45th street shall not be permitted. 57 58 .... 59 60 COMMENT 61 62 The ordinance prohibits the construction of driveways across the historic brick sidewalks 63 located in Cavalier Shores. The lots located in the area covered by the prohibition have adequate 64 street ingress and egress by means of the alleys at the rear of the lots fronting on those streets. Adopted by the City Council of the City of Virginia Beach on the day of 2013. APPROVED AS TO LEGAL SUFFICIEN City'Attorney's Office CA12786 R-2 November 4, 2013 2 r�¢y `i A�NE,1Cy� c .:KWv CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Directing the City Manager to Accept Two Conceptual Proposals for Light Rail (2) An Ordinance to Transfer Funds for Light Rail Consulting Services MEETING DATE: November 12, 2013 ■ Background: One of the stated purposes of the Public Private Education Facility and Infrastructure Act of 2002 ("PPEA") is to allow the private sector to propose alternative project delivery methods for qualifying projects. The citizens of the City approved a referendum that directed the City Council to pursue all reasonable means of finance and development of The Tide Light Rail. On April 2nd, the City received an unsolicited PPEA proposal to design, build, finance, and operate Light Rail from Newtown Road to Rosemont Road (the "Unsolicited Proposal"). In June, the City Council adopted a resolution directing the City Manager to accept the Unsolicited Proposal and solicit competing proposals. In response to the solicitation, the City has received two proposals (the "Conceptual Proposals"). One is from Parsons Construction Group, Inc. The other is from American Maglev Technology, Inc. ■ Considerations: This agenda item includes a resolution and an ordinance. The resolution directs the City Manager to accept the Conceptual Proposals. Acceptance commits the City to posting the Conceptual Proposals within ten working days and allows staff to review the proposals. If either proposal is not accepted, it is returned to the proposer. The acceptance of a proposal at this stage, the Conceptual Phase as described in the City's PPEA Guidelines, does not legally commit the City to anything other than a review of the contents of the proposals. The attached resolution also directs the task force that was assembled as a part of the acceptance of the Unsolicited Proposal to evaluate all of the proposals and report any findings and recommendations to City Council. The ordinance is a budget transfer to pay for initial costs associated with consultants retained by the City as part of the review process. There are three consultants: engineering (Kimley-Horn and Associates, Inc.), financial (PRAG), and legal (Nossaman, LLP). If approved, the remaining balance of the General Fund Reserve for Contingencies would be $559,208. ■ Public Information: This item will be advertised as part of the normal Council agenda process. ■ Attachments: Resolution; Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City City Manag" V 1 A RESOLUTION DIRECTING THE CITY 2 MANAGER TO ACCEPT TWO CONCEPTUAL 3 PROPOSALS FOR LIGHT RAIL 4 5 WHEREAS, in June, the City Council, by resolution, directed the City Manager to 6 accept an unsolicited proposal to extend The Tide Light Rail into Virginia Beach; and 7 8 WHEREAS, in accordance with the City's PPEA Guidelines and applicable law, 9 the acceptance of the unsolicited proposal required a solicitation of competing 10 proposals; and 11 12 WHEREAS, prior to the deadline for submission of competing proposals, October 13 21St, the City received two conceptual proposals to extend The Tide, one from American 14 Maglev Technology, Inc., and one from Parsons Construction Group, Inc.; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT 18 19 The City Manager or designee is hereby directed to accept the two conceptual 20 proposals for the extension of The Tide Light Rail into Virginia Beach; and 21 22 The task force assembled to review the unsolicited proposal shall continue its 23 evaluation to include the two conceptual proposals and report its findings and 24 recommendations to City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO CONTENT 11 M. N1.�.,Xtt C y Manager'siOffice C 12822 R-1 October 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: C' or ice 1 AN ORDINANCE TO TRANSFER FUNDS FOR LIGHT RAIL 2 CONSULTING SERVICES 3 4 WHEREAS, the City has received three proposals to extend The Tide Light Rail 5 System into Virginia Beach; and 6 7 WHEREAS, consultant services are needed to assist staff with the initial 8 technical, legal, and financial review of the proposals. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $470,000 is hereby transferred from General Fund Reserve for 14 Contingencies to assist in the review of three light rail extension proposals submitted 15 under the Virginia PPEA in the amounts set forth below: 16 17 (1) $200,000 to the FY 2013-14 Operating Budget of the Department of Public 18 Works; 19 20 (2) $170,000 to the FY 2013-14 Operating Budget of the Office of the City 21 Attorney; and 22 23 (3) $100,000 to the FY 2013-14 Operating Budget of the Department of 24 Finance. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servic s Cit rn i CA12834 R-1 October 30, 2013 t a� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Application for the FY 2014-15 Virginia Department of Transportation Revenue Sharing Program MEETING DATE: November 12, 2013 ■ Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 2014-15. The Revenue Sharing Program is intended to provide funding for immediately needed improvements or to supplement funding for existing projects. This program provides VDOT funding for a 50/50 match up to $10 Million. The First Colonial Road/Virginia Beach Blvd Intersection Improvements (CIP 2-072) and Rosemont Road — Phase V (CIP 2-038) projects have been identified as candidate projects for this program. The request is for $7 million for CIP 2-072 and $3 million for CIP 2-038. Both projects are currently in the City's Capital Improvement Program. The First Colonial Road/Virginia Beach Blvd Intersection Improvements project (CIP 2- 072) will improve capacity and safety at the intersection by widening First Colonial Road from Oceana Boulevard to the 1-264 overpass from four to six lanes in a 130 -ft right-of- way. The total project cost estimate is approximately $28 million, with $16,096,938 appropriated to date. The Rosemont Road — Phase V project (CIP 2-038) will improve capacity and safety by widening Rosemont Road from two to four lanes from Lynnhaven Parkway to Dam Neck Road, a distance of approximately 1.5 miles. The total project cost estimate is approximately $7.7 million, with $400,000 appropriated to date and the remaining funding programmed as part of the upcoming six years. ■ Considerations: The Revenue Sharing Program provides that localities which fund a share equal to the matching requirement be given higher priority over other localities. The City will have sufficient funding within the projects to satisfy the required match. The additional funding would free up City funding to be used elsewhere. ■ Public Information: Public information will be handled through the normal Council Agenda process. ■ Recommendations: Adopt the resolution of support for the City's application to the VDOT Revenue Sharing Program and authorize the City Manager to enter into any necessary agreements for project development and construction. ■ Attachments: Location Maps, Resolution Recommended Action: Approval Submitting Department/A ency: Public Works Engineering Mo City Manager: � 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 FOR THE FY 2014-15 VIRGINIA DEPARTMENT OF 3 TRANSPORTATION REVENUE SHARING PROGRAM 4 5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 6 $10,000,000 through the Virginia Department of Transportation (VDOT) Fiscal Year 7 2014-15 Revenue Sharing Program; and 8 9 WHEREAS, the City's highest priority improvements that meet the eligibility for 10 funding are part of Project # 2-072 — First Colonial Road/Virginia Beach Boulevard 11 Intersection Improvements and Project # 2-038 — Rosemont Road — Phase V. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the City of Virginia Beach City Council hereby supports the application to 17 the Virginia Department of Transportation for its Revenue Sharing Program to request 18 $7,000,000 for First Colonial Road/Virginia Beach Boulevard Intersection Improvements 19 (Project # 2-072) and $3,000,000 for Rosemont Road — Phase V (Project # 2-038). 20 21 2. That the required matching funds will be provided from the allocation of local 22 funding existing within these projects. 23 24 3. That the City Manager is hereby authorized to execute on behalf of the City of 25 Virginia Beach any project agreement required by VDOT in furtherance of the Revenue 26 Sharing Program, including project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. APPROVED AS TO CONTENT: Budget and Management Service CA12832 R-1 October 29, 2013 APPROVED AS TO LEGAL SUFFICIENCY: CifyFPctfoey-effice u� 'err CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Execution of a Memorandum of Agreement for the Construction, and Dedication of Two Community Signs to be Installed in the Median of Atlantic Avenue at 83rd Street and 42 % Street MEETING DATE: November 12, 2013 Background: The North Virginia Beach Civic League is a non -stock, non-profit corporation (the "NVBCL") that has proposed to construct and dedicate two community signs in the median of Atlantic Avenue at 83`d and 42'/ Streets to welcome citizens and tourists to the North End Community. To provide for the construction, and dedication of the signs the NVBCL has proposed a Memorandum of Agreement ("MOA"). As provided in the MOA, the NVBCL will construct and install the signs and landscaping (shown in the attached Exhibit A). The attached Exhibit B provides the potential location of the signs, subject to the approval of the Department of Public Works. ■ Considerations: The attached MOA addresses the construction, and dedication of the signs (a summary is attached to this item as Exhibit C). The MOA provides access to City property for the NVBCL for the construction related to the signs. The NVBCL shall dedicate the signs to the City after their completion, and the City, at its sole discretion, shall be responsible for maintenance. ■ Public Information: This item will be advertised as part of the normal Council agenda process. ■ Recommendations: Approval of the attached Resolution. ■ Attachments: Resolution, Exhibit A ("Preliminary Design Concepts NVBCL Neighborhood Entry Signs"), Exhibit B (Topographic Surveys), Exhibit C ("Summary of Material Terms of the MOA") Recommended Action: Approval Submitting Department/Agency: Public Works OD � �� City Manager: � , '�J 1 A RESOLUTION AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF AGREEMENT FOR THE 3 CONSTRUCTION, AND DEDICATION OF TWO 4 COMMUNITY SIGNS TO BE INSTALLED IN THE 5 MEDIAN OF ATLANTIC AVENUE AT 83RD STREET 6 AND 42'/2 STREET 7 8 WHEREAS, the North Virginia Beach Civic League (the "NVBCL") desires to 9 erect two neighborhood identification signs welcoming citizens and tourists to the North 10 End Community; and 11 12 WHEREAS, the City of Virginia Beach ("City") owns real property in the median 13 of Atlantic Avenue at 83rd Street and 42 Y2 Street that would be suitable locations for 14 such signs; and 15 16 WHEREAS, the NVBCL and the City wish to enter into a Memorandum of 17 Agreement ("MOA") to provide for the construction, and dedication of two neighborhood 18 Identification signs and appropriate landscaping, a copy of a rendering of the signs is 19 attached hereto as Exhibit A; and 20 21 WHEREAS, the signs will be placed in the median of Atlantic Avenue at 83rd and 22 42 Y2 Streets as coordinated with the Department of Public Works, a copy of a 23 topographical survey of the intersections and potential sign placement is attached 24 hereto as Exhibit B; and 25 26 WHEREAS, the MOA provides for the NVBCL to dedicate the signs to the City 27 after they have has been constructed; and 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Manager is hereby authorized to execute a MOA between the City and 33 the NVBCL to provide for the construction, and dedication of the North Virginia Beach 34 neighborhood identification signs, a summary of material terms of the MOA is attached 35 hereto as Exhibit C and incorporated herein. 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2013. APPROVED AS TO CONTENT Department of Public Works OA12635/R-4/October 22, 2013 APPROVED AS TO LEGAL SUFFICI NCY: Office of the City Attorney EXHIBIT C SUMMARY OF MATERIAL TERMS MEMORANDUM OF AGREEMENT ("MOA") PARTIES NORTH VIRGINIA BEACH CIVIC LEAGUE (the "NVBCL") CITY OF VIRGINIA BEACH (the "City") PURPOSE Construction, and dedication of two community signs, welcoming citizens and tourists to North Virginia Beach in the median of Atlantic Avenue at 83rd and 42 '/ Streets. ATTACHMENTS Exhibit A: rendering of the signs Exhibit B: proposed locations TERMS The NVBCL and its contractors and subcontractors are required to have insurance at all times during construction. The NVBCL will indemnify and hold harmless the City for any actions or omissions on the part of the NVBCL or any of its agents, contractors, subcontractors, and employees during such construction. The MOA provides for the dedication of the signs after completion. After dedication the City at its sole discretion shall be responsible for any maintenance and repair. The median locations will be available to the NVBCL for construction and installation activities of the signs. The NVBCL will allow access during construction and installation of the signs at any reasonable time to the City, its agents, or employees. The improvements to City property include the two signs and appropriate landscaping. The NVBCL will not do any act or permit any action to be taken that would result in a lien being placed upon the location of the signs. The MOA contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement, and the ability of either party to assign the agreement. 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Neighborhood Identification Sign Policy MEETING DATE: November 12, 2013 ■ Background: There are unique areas of the City that have historical, cultural, architectural or artistic significance. Citizens of, and visitors to, Virginia Beach should be aware of these areas and the impact and importance that they have to the City. As such, there is a desire for signs or markers to identify these areas. This policy establishes criteria and requirements for these neighborhood identification signs, prevents undue proliferation of these signs and provides consistency for their appearance, construction and maintenance. City Council was previously briefed on the draft Council Policy on October 15, 2013. Based on Council input, the draft was revised to allow larger signage, require less landscaping and eliminate the maintenance and fee requirements. ■ Considerations: The Resolution approves and adopts the Neighborhood Identification Sign Policy. ■ Public Information: Advertisement as a regular agenda item ■ Recommendations: Adoption of resolution. ■ Attachments: Neighborhood Identification Sign Policy, Resolution Recommended Action: Adoption of resolution Submitting Department/Agency: City Manager's Office City Manager:7 `L' 1 A RESOLUTION TO ADOPT A CITY COUNCIL 2 POLICY REGARDING THE NEIGHBORHOOD 3 IDENTIFICATION SIGNS PROGRAM 4 5 6 7 WHEREAS, there are unique areas of the City that have historical, cultural, 8 architectural or artistic significance, such that the residents of and visitors to Virginia 9 Beach should be aware of these areas and the impact and importance that they have to 10 the City; and 11 12 WHEREAS, there is a need for modest, attractive signs or markers to identify 13 such areas; and 14 15 WHEREAS, is it the sense of the City Council that such signs and markers 16 should be allowed for the purpose of identifying areas of the City that have historical, 17 cultural, architectural or artistic significance that should be recognized; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH: 21 22 That the City Council Policy entitled "Neighborhood Identification Signs 23 Program," dated November 12, 2013, a true copy of which is hereto attached, is hereby 24 approved and adopted, and shall effect immediately. M 26 Adopted by the City Council of the City of Virginia Beach, Virginia on the 27 day of 12013. 28 29 30 APPROVED AS TO LEGAL SUFFICIEN Y: 31 32 33 34 City Attorney's Office 35 36 CA -12719 37 November 5, 2013 38 R-1 City Council Policy Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: 11/12/2013 Date of Revision: Page 1 of 6 1.0 Purpose and Need There are unique areas of the City that have historical, cultural, architectural or artistic significance. Citizens and visitors in Virginia Beach should be aware of these areas and the impact and importance that they have to the City. As such, there is a need for signs or markers to identify these areas. This policy establishes criteria and requirements for these neighborhood identification signs, prevents undue proliferation of these signs, and provides consistency to their appearance, construction, and maintenance. This program for neighborhood identification signs may generally be referred to as he "Neighborhood Identification Signs Program" or, as hereinafter referred to as, the "Program." 2.0 Policy Statement The purpose of this policy is: a) To provide to community groups the requirements for the location, approval, installation and maintenance of neighborhood identification signs in accordance with the Program; b) To provide guidance to City staff for the evaluation of proposed neighborhood identification signs that seek to utilize the Program; and c) To inform the broader community of the public purpose advanced by the Program. Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 2 of 6 3.0 Definitions 3.1 Neighborhood Identification Sign — a sign placed on public property for the purpose of designating an area of the City that has a historical, cultural, architectural or artistic significance that should be recognized. Subdivision signs are not considered neighborhood identification signs for the purpose of this Program. 5.x 3.2 Applicant — an applicant under the Pro, shall be a not-for-profit civic organization, historic society or similar, gdup 4h at,has a significant connection to the area to be designated by the signage.,°°'1 it �ytiY 4.0 Required Approvals 4.1 Planning Department Responsibility The Pl4iining Director or°l is designee shall receive the application and"' e an initial determination as to whether the application is complete and meets the deAlnl xtions contained in 'section 3.0 above. If the application meets the definitional requirements, they Planning Direetor shall then make the following The Pla approval of the I placem6fit of the proposed signs are in ve Plan, any Strategic Growth Area Plans �1 gvisions; and meet all of the requirements of section 5.0 below. be -war ded to the Department of Parks and Recreation, further review and approval. rtment shall also brief the City Council after the preliminary prior to final approval by the City Council. 4.2 Parks and Recreation Responsibility. The Director of Parks and Recreation or his designee shall review the application to determine whether such application meets the requirement of this Policy and other applicable City requirements relating to landscaping. The application shall then be forwarded to the Department of Public Works for further examination and approval. Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 3 of 6 4.2 Public Works Responsibility. The Director of Public Works or his designee shall review the location and construction of the signs to determine if they are in compliance with Public Works Specifications and Standards and applicable State and Federal requirements. If the application is in compliance, then the application shall be returned to the Planning Department for a briefing to the City Council, final approval by City Council and processing. 5.0 Process �e 5.1 Application - Applicants shall submit 'an application to the City of Virginia Beach Planning Department. • The application shall include. o a description of the historicah,,c}ltural, architectural or artistic significance of the area, i (+a' description of the aria with such significarre;C k and a descripti�� 1 pf the applicant and it's connection to the subject o a description o the prpiect, includin' a conceptual design of the signs and required land caprng;i a description of the proposed Elkaton of the signs, and a statement of PP:o �i - 3 $ rkkgs, the read s supporting the propos c 11bcation of the signs; and 6,`, a notarized statementthat the applicant will comply with all of the 1tprpvisiohi, of, subsecti6n;5.2 below. applicafit iii shall meet 411 of the requirements set forth in subsection 5.2. � E i ll 5.2 Requirements -Each application shall comply with the following requirements: v a) The sigf s shall be sof monument or ground -mounted single or double post construction, no greater in area than twenty four (24) square feet per ,s I iside, no ` gher than 6 feet from the surrounding grade and may only contain` `the name of the significant area, the year of its establishment, and iotber significant information in legible type -face; b) There shall be located around the the signs a total of at least thirty (30) square feet of landscaping, using plantings native to Virginia Beach. The landscaping plan shall be reviewed and approved or denied in accordance with section 4.0 above; c) The sign shall not be illuminated; d) The signs shall be constructed of appropriate materials as required by the Department of Public Works; Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 4 of 6 e) The signs shall be located so as to not pose a hazard to traffic safety, as determined by the Department of Public Works f) The applicant shall at its sole expense design, construct and install the signs and the landscaping; g) The applicant shall obtain all necessary permits; ensure that its contractors secure commercial liability insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured; h) The applicant shall dedicate the signs 'and the landscaping to the City upon the completion thereof; i) The City shall have at all times the right to enter upon any area that is being used for the signs or, the `landscaper; and after construction the applicant shall have no�greater rights to tlie' 2sign and landscaping than any other citizen;' P� j) The applicant shall perform, or allow no action thaii will cause a lien of any nature to be placed upot- the prgpert� and will require its contractors to indemnify i4e City for any and af1`Iabilities incurred by the applicant k) or its contractgrs; ' The applicant shall not assign its right$!, nd obligations under this Policy; 1) The applicant shill assumeltheyentire'respnsibility and liability for any apdall damages to -persons andpropertiesaused by or resulting from or IN rung =©ut gof any act or �oissionaon the part of the applicant, its ;contractors, agents or employees in connection with the construction and iristallation.stf the signs and landscaping. The applicant shall indemnify and hold hh and its agents, volunteers, servants, employees and officials, hamle's's :frons and ,against any and all claims, losses, or P 'kpenses; including reasonable attorney's fees and litigation expenses suf ted by :any indemnified party or entity as the result of claims or "'1111!. suidiae to, arising out of or in connection with the construction and installation of the'signs and its associated enhancements. Upon written demand by the City, the applicant shall assume and defend, at its sole expenses airy and all such suits or defense of claims made against the pity, its agents, volunteers, servants, employees or officials. Evidence of ,;this Indemnity shall be provided to the City prior to the commencement of any work on the signs; m) The City may move or remove such signage, at its expense, if necessary for any purpose, including reconstruction or widening of the highway location, or destruction of the sign. n) Nothing in this policy shall prevent the City from providing a neighborhood identification sign(s), at the City's discretion and expense, as part of a roadway improvement capital project. Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: Date of Revision: Page 5 of 6 5.3 Briefing — After City staff has reviewed the application, a representative from the Planning Department shall provide a briefing to the City Council before the application is placed on the City Council's agenda for consideration. Planning shall provide City Council with all areas in which the proposed sign does not meet the requirements of the Program. City Council may waive or modify any requirements of the Program., '.III Approved as to Content: to Content: Works DQpartmerit Date Reviewed by: Parkland Recreation Department Department Director 8a Director City Attorney City Manager Date Date Date Date Title: Neighborhood Identification Signs Program Index Number: Date of Adoption: I Date of Revision: Page 6 of 6 APPROVED BY CITY COUNCIL: Mayor Date 31r i 771 Mayor Date 31r i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease Amendment with E.V. Williams, Inc. for City -Owned Property Located at 1401 Southern Boulevard MEETING DATE: November 12, 2013 ■ Background: The City of Virginia Beach (the "City") owns a 9.734 -acre parcel of land located at 1401 Southern Boulevard (the "Property"). The City acquired the Property for the Southeastern Parkway Project (CIP 2-089) in February of 2007. E.V. Williams, Inc. ("Williams") has been leasing the Property for use as a construction materials and debris recycling facility since October 1, 2011 at a rate of $10,100 per month. Williams would like to continue leasing the site, but at an adjusted rental rate that is consistent with current market rates. ■ Considerations: Market conditions were quite different at the inception of this lease in 2011. Staff believes it is in the City's best interest to keep this Property leased. The current tenant has upgraded the property through increased security and installation of a video surveillance system. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve Amendment as presented or change terms of the Amendment ■ Recommendations: Approval of Amendment ■ Attachments Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE 3 AMENDMENT WITH E.V. WILLIAMS, INC. FOR 4 CITY -OWNED PROPERTY LOCATED AT 1401 5 SOUTHERN BOULEVARD 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 1401 8 Southern Boulevard (GPIN: 2417-24-1080) (the "Premises"); 9 10 WHEREAS, the City and E.V. Williams, Inc. ("Williams") desire to enter into a 11 lease amendment for use of the Premises; 12 13 WHEREAS, Williams has agreed to pay the City an annual lease amount 14 adjusted for market rates, for the remainder of its current renewal term, and two (2) 15 additional renewal terms, at the City's option; and 16 17 WHEREAS, the Premises will be utilized for the operation of a construction 18 materials and debris recycling facility, and for no other purpose. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute a lease amendment 24 between E.V. Williams, Inc. and the City of Virginia Beach, in accordance with the 25 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such 26 other terms, conditions and modifications deemed necessary and sufficient by the City 27 Manager and in a form deemed satisfactory by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 30 , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ZGA�"_M &4_.as� Public Wo / Faciliti96 Management City Attorney CA12753 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d024\p016\00093622.doc R-1 October 31, 2013 EXHIBIT A SUMMARY OF TERMS AMENDMENT OF LEASE FOR CITY -OWNED PROPERTY LOCATED AT 1401 SOUTHERN BOULEVARD LESSOR: City of Virginia Beach (the "City") LESSEE: E.V. Williams, Inc. PREMISES: 1401 Southern Boulevard Approximately 9.75 acres (GPIN: 2417-24-1080) TERM: 1 -Year Lease with Four 1 -Year Renewals; Began Oct. 1, 2011, currently in 2nd renewal term; Two renewal terms remain RENT: $5,000 per month ($60,000 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for operation of a construction materials and debris recycling facility, and for no other purpose Maintain and secure Premises with barriers and gates, install security cameras, and install a dust allayment system • Maintain commercial general liability insurance in a minimum amount of $1,000,000 RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes Renewal terms are at the City's option TERMINATION: • City may terminate the Lease for any reason by giving 180 days' advance written notice PROPERTY LEASED TO E.V. WILLIAMS, INC. ,P �(!(i) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Wesley, located at the rear of 540 Southside Road, for property owner Roberta Mae Maddox MEETING DATE: November 12, 2013 ■ Background: Roberta Mae Maddox has requested permission to remove an existing floating wood dock and wood ramp, to maintain an existing four (4) foot wood fence, wood bulkhead, rip rap, wood table, and to construct and maintain a proposed floating dock, 4'X 8' aluminum gangway and 13k boat lift. There are similar encroachments in Lake Wesley, which is where Roberta Mae Maddox has requested to encroach. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a 15 -foot -wide vegetated riparian buffer area, consisting of canopy trees, shrubs and miscellaneous ground cover in a mulched bed running the entirety of the shoreline, adjoining the applicant's property, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate, A City Manager: K �� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE WESLEY, LOCATED 7 AT THE REAR OF 540 SOUTHSIDE 8 ROAD, FOR PROPERTY OWNER 9 ROBERTA MAE MADDOX 10 11 WHEREAS, Roberta Mae Maddox desires to remove an existing floating wood 12 dock and wood ramp, to maintain an existing four (4) foot wood fence, wood bulkhead, 13 rip rap, wood table, and to construct and maintain a proposed floating dock, 4' X 8' 14 aluminum gangway, a 13k boat lift and a landscape buffer, upon a portion of City 15 property known as Lake Wesley, located at the rear of 540 Southside Road, in the City 16 of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Roberta Mae Maddox, her 26 heirs, assigns and successors in title are authorized to remove an existing floating wood 27 dock and wood ramp, to maintain an existing four (4) foot wood fence, wood bulkhead, 28 rip rap, wood table, and to construct and maintain a proposed floating dock, 4' X 8' 29 aluminum gangway and 13k boat lift in a portion of existing City property known as Lake 30 Wesley, as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A 31 ENCROACHMENT PLAT SHOWING FLOATING DOCK, GANGWAY, BOAT LIFT, 32 FENCE, BULKHEAD, RIP RAP, LANDSCAPING, TABLE AND WALKWAY LOCATED 33 IN: LAKE WESLEY PROPERTY OF CITY OF VIRGINIA BEACH GPIN: 2427-20-6108 34 (D.B. 2020, P. 282) FOR PARCEL B -1A SCALE: 1" = 40' APRIL 26, 2013 REVISED 35 AUGUST 1, 2013," a copy of which is on file in the Department of Public Works and to 36 which reference is made for a more particular description; and 37 38 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Roberta Mae Maddox (the "Agreement"), which is attached 41 hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 44 hereby authorized to execute the Agreement; and 45 47 48 49 50 51 52 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Roberta Mae Maddox and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. CA -12578 R-1 PREPARED: 10/24/13 APPROVED AS TO CONTENTS laa* C P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM <IVIC T CK, CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 23rd day of October, 2013, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERTA MAE MADDOX, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel B -1A", as shown on that certain plat entitled: "AMENDED RESUBDIVISION OF PROPERTY SOUTHERN ONE - HALF OF LOT B2 DIVISION OF LOT B2 — RUDEE HEIGHTS M. B. 39 P. 18 AND SITE B RESUBDIVISION OF LOT 7, BLOCK "H" AND LOT B-1 REPLAT OF RUDEE HEIGHTS M. B. 197 P. 53, LYNNHAVEN BOROUGH VA. BEACH, VIRGINIA SCALE: 1" = 30' FEBRUARY 7,1990," prepared by TERRY W. BRANCH, LAND SURVEYOR for Gallup Surveyors & Engineers, Ltd. VIRGINIA BEACH, VIRGINIA, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 201, at page 42, and being further designated, known, and described as 540 Southside Road, Virginia Beach, Virginia 23451; GPIN'S: 2427-20-6108-0000; (CITY PROPERTY — KNOWN AS LAKE WESLEY) 2426-19-7563-0000; (540 Southside Road) WHEREAS, it is proposed by the Grantee to remove an existing floating wood dock and wood ramp, to maintain an existing four (4) foot wood fence, wood bulkhead, rip rap, wood table, and to construct and maintain a proposed floating dock, 4' X 8' aluminum gangway and 13k boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, located at the rear of 540 Southside Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING FLOATING DOCK, GANGWAY, BOAT LIFT, FENCE, BULKHEAD, RIP RAP, LANDSCAPING, TABLE AND WALKWAY LOCATED IN: LAKE WESLEY PROPERTY OF CITY OF VIRGINIA BEACH GPIN: 2427-20-6108 (D.B. 2020, P. 282) FOR PARCEL B -1A SCALE 1" = 40' APRIL 26, 2013 REVISED 2 AUGUST 1, 2013," prepared by DAVID R. BUTLER, PROFESSIONAL ENGINEER, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain (6) Live Oak - canopy trees, (20) Inkberry - shrubs to be planted among the trees and throughout the Buffer area that will architecturally blend with the species of trees planted and miscellaneous ground cover, (20) Creeping Juniper (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the West property line. Ell It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City 5 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Roberta Mae Maddox, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) no CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 7 Notary Public (SEAL) By —Ajk4dZ4-- Rol;e-rta Mae Maddox, Owner STATE OF '/(F cn 1 - CITY/C-E)UNT�F dr rote.- aeh , to -wit: The foregoing instrument was acknowledged before me this ZZb4 day of 0406e.,v, , 2013, by Roberta Mae Maddox. ``t�tierrrrrrrr��s' Notary Public 6 ° Notary Registration Number: a,&y I®l My Commission Expires:l �t APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM �r C�tm�a C • r�) "NATURE DA M YER, S IATE CITY ATTORNEY Pto Rei & E DEPARTMENT FLOOD LAKE WESLEY WESTERN EDGE -K CITY J� EBB (D.B. 2020, P. 282) MAINTAINED CHANNEL � EX. FLOATING WOOD DOCK PROPOSED -----e PROPOSED 13k FLOATING DOCK '2 1-- N BOAT LIFT PROPOSED 4' x 8' Ex. WOOD Ex. WOOD ALUM. GANGWAY RAMP TABLE EX. WOOD PROPOSED SHRUBS 113, S 38'17'20" W 33.09' PROPOSED - TREES 4' METAL' FENCE OF OTHERS PARCEL B -2A M.B. 201 P. 42 ,AD EX. RIP RAP 4' WOOD EX. BED FENCE NOTE: ® EXISITNG FLOATING DOCK AND EX. BED RAMP ARE TO BE REMOVED EX. 15' RIPARIAN BED BUFFER E+ cp S 24.21'00" W SITE "A" 87.63' ex �y M.B. 61 P. 22 BED 2 STORY BRICK & FRAME RESIDENCE #540 El ASPHALT DRIVEWAY SOUTHSIDE ROAD eooTy To (50 R/W) e� �FtiFRq( ��ALTH 6 o� r� 0 DA. ( UTLER I -I No. .�38395/13 1 ,cess/ ONaL EXHIBIT A ENCROACHMENT PLAT SHOWING FLOATING DOCK, GANGWAY, BOAT LIFT, FENCE BULKHEAD, RIP RAP, LANDSCAPING, TABLE AND WALKWAY LOCATED IN: EY RIPARIAN BUFFER PLANT LIST LAKE WESL PROPERTY OF CITY OF VIRGINIA BEACH GPIN: 2427-20-6108 (D.B. 2020, P. 282) FOR A A COMMON NAME BOTANICAL NAME SPACING SIZE SYMBOL TOTAL INKBERRY ILEX GLABRA 'SHAMROCK' STAGGERED 10' 18' 20 CREEPING JUNIPER JUNIPERUS HORIZONTALIS STAGGERED 10' 1 GALLON © 20 LIVE OAK QUERCUS VIRGINIANA 20' 1.5" CAL. ® 6 I-'/HNk,t-L C9— I /A AMENDED RESUBDIVISION OF PROPERTY SOUTHERN 1/2 OF LOT 82, DIVISION OF LOT B2 - RUDEE HEIGHTS (M.B. 39 P. 18) AND SITE B, RESUBDIVISION OF LOT 7, BLOCK H AND LOT B-1, REPLAT OF RUDEE HEIGHTS SCALE: 1"=40' APRIL 26, 2013 REVISED AUGUST 1, 2013 F.B. 66 P. 483 G: \1 3— 54JPA.DWG G:\13-54jpa.dwg, 8/1/2013 9:07:17 AM, 1:40, DB 1540 SOUTHSIDE ROAD S. L 2426 -nilTHSIDE RD ENCROACHMENT KEUUtzt, I FOR ROBERTA MAE MADDOX Legend 540 SOUTHSIDE ROAD 2426-19-7553 CROATANRD GPIN 2426-19-7563 Feet City Propord" 0 50 100 200 SSPP $ 13u;m 07no,701 Ad'2A14 ?'AIP426 14 l m- U� Ew CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property, a variable width canal known as Treasure Cove located at the rear of 2409 Spindrift Road, for The Castleman Family Revocable Living Trust MEETING DATE: November 12, 2013 ■ Background: Gail C. Hilder, Trustee for The Castleman Family Revocable Living Trust has requested permission to maintain an existing partial timber bulkhead and to construct and maintain proposed riprap, a pier and return wall, upon a portion of City property known as Treasure Cove located at the rear of 2409 Spindrift Road. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Cove — and in other canals of Bay Island - which is where Ms. Hilder has requested to encroach. Several Council approved encroachment agreements and construction permits were identified for these encroachments. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 -foot -wide vegetated riparian buffer area, consisting of under story trees and shrubs in a mulched planting bed running the entirety of the shoreline, adjoining the applicant's property, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 -foot -wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate P City Manager %�' 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY, A VARIABLE WIDTH 7 CANAL KNOWN AS TREASURE COVE s LOCATED AT THE REAR OF 2409 9 SPINDRIFT ROAD, FOR THE 10 CASTLEMAN FAMILY REVOCABLE 11 LIVING TRUST 12 13 WHEREAS, Gail C. Hilder, Trustee of The Castleman Family Revocable Living 14 Trust has requested on behalf of the trust to maintain an existing partial timber bulkhead 15 and to construct and maintain proposed riprap, a pier, and return wall, collectively, upon 16 a portion of City property known as Treasure Cove located at the rear of 2409 Spindrift 17 Road, in the City of Virginia Beach; and 1s 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gail C. Hilder, Trustee of 27 The Castleman Family Revocable Living Trust, its assigns and successors in title are 28 authorized to maintain an existing partial timber bulkhead and to construct and maintain 29 proposed riprap, a pier, and return wall, upon a portion of City property as shown on the 30 map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED 31 RIPRAP, PIER, & RETURN WALL IN TREASURE COVE AT LOT 252 BAY ISLAND 32 SECTION 2 SCALE: 1" = 30' DATE: JUNE 3, 2010 REVISION 3: DECEMBER 6, 2011 33 SHEET 1 OF 1," a copy of which is on file in the Department of Public Works and to 34 which reference is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Gail C. Hilder, Trustee (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Gail C. Hilder, Trustee and the City Manager or his authorized designee 46 execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of , 2013. CA -11666 R-1 PREPARED: 10/24/13 APPROVED AS TO CONTENTS 1 APPROVED AS TO LEGAL SUFFICIENCY AND FORM DA W'R. EYE R, ASSeClATE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 22nd day of October, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE CASTLEMAN FAMILY REVOCABLE LIVING TRUST, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 252", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. - VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2409 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing partial timber bulkhead and to construct and maintain proposed riprap, a pier and return wall, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS TREASURE COVE/CANAL) 1499-99-2436-0000; (2409 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Treasure Cove, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED RIPRAP, PIER, & RETURN WALL IN TREASURE COVE AT LOT 252 BAY ISLAND SECTION 2 SCALE: 1" = 30' DATE: JUNE 3, 2010 REVISION 3: DECEMBER 6, 2011 SHEET 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants 3 (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain (5) Canopy, Caliper or large Evergreen Trees, (10) understory trees, Caliper or Evergreen Trees and (15) small shrubs or woody ground cover (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 0 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by the City Engineer's Office of the Department of Public Works. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Gail C. Hilder, Trustee of The Castleman Family Revocable Living Trust, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this 5 Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) on CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 7 Notary Public (SEAL) GAIL C. HILDER By r AIL C. HILDER, TRUSTEE OF THE CASTLEMAN FAMILY REVOCABLE LIVING TRUST STATE OF V1 +( t h t CITY/GG4N�Vf Off Vit Y\ + G- 3kU; to -wit: The foregoing instrum t wa acknowledged before me this e day of 2ro(3 -2( "f2, by Gail C. Hilder, Trustee of The Castleman Family Revocable Living Trust. Notary Registration Number: My Commission Expires: 3 QA,a (SEAL) Notary Public 2 2 J 't REBECCA N PUBLIC NN NCITApY PU9UC COMMONWEALTH OF VIRGINIA MY COMM'"10N EXPIRE$ MARCH 31, 2016 MMMIBlIION k %603�N APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ASSOCIATE CENTER OF CANAL & COVE —� TREASURE COVE CITY OF VB PROPERTY PROPOSED RIPRAP & PIER PROJECTED PL EXISTING TIMBER BULKHEAD TO BE 50.0' PARTIALLY REMOVED 67.5' I--41 .6'- 3.4 EXISTING BULKHEAD OF OTHERS PIN (F) PROPERTY LINE 9 RIPRAP TIE DOWN A B 1 86.9' 140.6' 2 128.5' 94.6' A—B 118.3' LOT 251 SEC 2 JEFFRY & DEBRA BERGER GPIN#14999934580000 MB48 P15 DOC#20060516000742940 PIN (F) 125.14' S76'27'45"W PROPOSED RETURN WALL ADJACENT TO PROPERTY LINE 125' 4 1 -PROJECTED PL 75.0' 0' 20' 40' 8.8' B K;t, —0.9' SCALE: 1" = 30' EXHIBIT A ENCROACHMENT OF PROPOSED RIPRAP, PIER, & RETURN WALL IN TREASURE COVE AT LOT 252 BAY ISLAND SECTION 2 GPIN# 14999924360000 0 0 N PIN (F) EXISTING BULKHEAD & RETURN WALL OF OTHERS BUFFER RESTORATION BUFFER REQUIREMENTS 1875 SF OF BUFFER RESTORATION RESULTS PER THE VDCR GUIDANCE MANUAL APPENDIX D, TABLE A: (5) CANOPY TREES @1.5°-2° CALIPER OR LG EVERGREEN @6' (10) UNDERSTURY 1RLES @3/4"-1.5" CALIPER OR EVERGREEN @4' (15) SMALL SHRUBS OR WOODY GROUND COVER @15"-18" LOT 253 SEC 2 WILLIAM D STEVENSON SR GPIN# 14999914030000 MB48 P15 DOC# 20070426000561470 PROPERTY LINE H opt , S C' DAVID KLEDZIK y Lic. No. 034674 10/29/2013 125.00' N79'12'38"E PINF () 727'_ S'�ONAL ROAD SPINDRIFT ROAD BROAD BAYPROPOSED PR FOR MARINE ENGINEERING ENCCROACHMENOJECT SHEET 1 1 & TECHNOLOGY LLC APPLICATION BY GAIL CASTLEMAN HILDER 1297 BRADDOCK AVE DATE: JUNEE 3, 2010 2409 SPINDRIFT ROAD VIRGINIA BEACH, VA 23455 REVISION 4: OCTOBER 29, 2013 VIRGINIA BEACH, VA 23451 PH: (757) 477-4787 Fit t � L r S� t do ` !a O r 'l rr Ir N L y m I T rn C) < � 0 C) boornDr, o —w> Z� Or,>=D O ,Q C) C) -•mcn� t�ofl.rrM0 4cM<rnZZ (o=Z N;uODXD 9 o �Q;mac C)71CD CD cDrn CA L y m I r N HE9C < = CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the DEA Shared Asset Special Revenue Fund for Police Equipment and Contractual Services MEETING DATE: November 12, 2013 ■ Background: The Police Department requests the use of $258,800 from the fund balance of the DEA Shared Asset Special Revenue Fund to purchase the following priority equipment and services that have not been funded through the operating budget. • Annual continuation license for the Police online training system ($43,000) to permit remote access to online training for officers • Licenses for law enforcement web applications ($171,000) to increase investigative capabilities • Replacement equipment used for investigations ($27,200) to increase investigative capabilities • Forensics computer and components ($7,600) for forensics digital analysis of seized computers and devices • Replacement Handcuffs ($10,000) ■ Considerations: There is sufficient fund balance in the DEA Shared Asset Special Revenue Fund to cover the cost of the above items. According to the Department of Justice requirements, DEA Shared Asset funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, and cannot be used to supplant local funding. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: IL , &'Z 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR 3 POLICE EQUIPMENT AND CONTRACTUAL SERVICES 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA - 6 7 That $258,800 is hereby appropriated from the fund balance of the DEA Shared 8 Asset Special Revenue Fund, with estimated revenue increased accordingly, to the FY 9 2013-14 Operating Budget of the Police Department to purchase various equipment and 10 contractual services, including remote access to the Police online training system, licenses 11 for law enforcement web applications, replacement investigative equipment, forensics 12 equipment, and replacement handcuffs. 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 � 0, Budget and Management Servic CA12819 R-2 November 6, 2013 APPROVED AS TO LEGAL SUFFICIENCY: f' Ci y t o s Office uin sem"+. a Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $61,874 in Donations to the FY 2013-14 Library Department Operating Budget MEETING DATE: November 12. 2013 ■ Background: To offset partially the reduction in books and subscriptions due to declining City revenues, the Library Department and the Friends of the Virginia Beach Public Library undertook a book funds donation campaign, titled "Stock the Shelves". These efforts raised $61,874 in donations. ■ Considerations: Given that providing digital content is a growing element in the use of library resources by our citizens, there is a need to upgrade bandwidth from cable to fiber across the library branches. Currently, the TCC/City Joint Use and Oceanfront libraries are on a City fiber network, allowing citizens timely, comprehensive access to a reliable digital environment in these libraries. The estimated cost to expand fiber to the Central Library is $32,190. Allocating a portion of the "Stock the Shelves" funds for bandwidth augmentation is appropriate, given the evolving nature of material usage. Libraries will purchase additional books and materials with the remainder of the funds ($29,684). ■ Public Information: Public information will be provided by the normal City Council agenda process. The Library Department will also distribute public service announcements regarding the use of these funds to expand bandwidth. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance; Memo on Business Case for Expedient Connection Recommended Action: Approval Submitting Department/Agency: Virginia Beach Department of Public Libraries 06 City Manager: S 1� 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE $61,874 IN DONATIONS TO THE FY 2013-14 LIBRARY DEPARTMENT OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $61,874 in donations are hereby accepted and appropriated, with estimated revenues increased accordingly, to the FY 2013-14 Library Department Operating Budget to increase bandwidth and purchase books and subscriptions. 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: APPROVED AS TO LEGAL SUFFICIENCY: -��A "I,", ".� 1 ..... . ........ )/ - i / 1 Budget and Management Service Ci Atto s ce CA12827 R-1 October 24, 2013 DEPARTMENT OF PUBLIC LIBRARIES 41DoWGNA ArkW 901aEVARo CuwA KUPBON NRONYI BEACH, VA23452-1767 SUPPOW SERVICES MANAGER (757)385-0171 October 9, 2013 TO: Matt Arvay, Chief Information Officer, City of Virginia Beach Eva Poole, Director of Libraries, Virginia Beach Public Library FROM: Clara Hudson, Library Suppprt Services Manager and Nick May, Technology Services Manager SUBJECT:' Business Case for Expedient Connection to the City's Fiber Network by Virginia Beach Public Library System Virginia Beach Public Library (VBPQ, in keeping pace with trends for providing information and resources in a variety of formats, -including digital content, has a dire need to upgrade its available bandwidth from cable to fiber. Currently, only two libraries, the TCC/City Joint Use Library and the Oceanfront Library are on a City fiber network allowing residents timely, comprehensive access to a reliable digital environment within the library. In that providing digital content is a growing element in the use of library resources by our. residents, it is critical that we begin connecting the remaining libraries to the existing City traffic fiber network. Having the resources, with limited bandwidth to access the content, restricts the Library's ability to provide quality customer service. Most Virginia Beach Public Libraries are. co -located buildings on satellite campuses throughout the City, sharing proximity and resources with a mix of Fire, Police, EMS, Parks and Recreation, and City Schools. The Library's need does not exist in isolation; sharing costs and accelerating the timeline for access is a mutually and cross departmentally benefit. ComIT provided information on the increased cost for the Central Library to increase its bandwidth to 30MB. The Cox pricing to increase the bandwidth speed from 3 to 30 MB for installation (if bundled with the Central Library)• is $12,250.00, with an increase in monthly costs of $731.00 (or an increase of $8,700.00 a year; for a total of over $20,000 for the first year). The increase in bandwidth from 3 to 30 MB is a limited and inadequate short and longterm solutions. The discussion for meeting the demand for increased bandwidth has been an annual occurrence. Increased bandwidth has been annually included in the Library's Technology Plan and FY budget for the past 10 years. Libraries are public provision leaders and one of the. biggest.users of bandwidth in the City. Our services require the use of network intense applications and searches. We anticipate that use of internet applications and demand by residents and staff will result in additional demand for bandwidth. Satellite City campuses and facilities struggled to boost bandwidth to 5, 10, and 15 Mgs,*while the Municipal Center campus operating at 100 Mgs, does not experience the same issues. More and more applications (1nSite, SharePoint, etc.), in addition to the department specific applications for provision of services to the public and completion of work by staff, are being pushed to remote sites that do not have the bandwidth to support those applications. Examples of how work is impeded by insufficient bandwidth in VBPL: Logons can take several minutes to complete. This is a particular problem for customers in high volume work areas like check out, with staff using Workflows, the integrated library system desktop application. The Workflows application is so slow at times, particularly in the afternoon, that continuity is lost, and the transaction must be restarted, resulting in long wait times by customers. . On the public side, logons can take two (2) or three (3) minutes. Access even to VBGOV.COM is so slow that staff will resort to print information to give to the customer, only because it is faster. The network and Wi-Fi access point equipment is working as expected, but it was recently discovered that consistent internet bandwidth utilization is between 85 and 95%, with spikes at 100%, when optimal performance utilization should not exceed 40 or 50%. Current available cost for each Virginia Beach Public Library as provided by ComIT: The Central Library (CL), as the largest and busiest library, in the system, is critical in providing service to residents and as a functional City department. The Central Library houses essential support services to Library and City operations in terms of technology and resources. • Total Library cost (for CL) in need of funding: $32,900, no partner department for shared costs Central Library WAN upgrade Cox VPN(s) to fiber connection to Public Works Dam Neck: Fiber cost hardware cost Total $19,020.00 $13,890.00 $32,910.00 Departmental Snare Library $32,910.00 $32,910.00 Princess Anne [PA) and Bayside Area Special Services (BASS) Libraries costs are covered by the Library Technology Services budget and the "go ahead' has been given to ComIT. The Princess Anne Library at Nimmo Parkway is in particular and dire need- of additional bandwidth. On a daily basis the lack of network speed and available bandwidth incapacitates work by both staff and public library users on each respective network. It can take several . . minutes to. open the desktop and basic applications on both the.public and staff networks. PA total cost = $41,020, Library share= $15,510 (shared with. Fire and Parks & Recs) Princess Anne Fire -Library Rec Center WEAN upgrade: Cox 3Mb to fiber connection to Public Works Darn Neck Fiber cost hardware cost Total $27,130.00 $13,890.00 $41,020.00 Departmental Share Fire $10,000.00 Parks & Rec $15,510.00 Library $15,510.00 $41,020.00 The Bayside and Special Services Library (BASS) provides services to visually and -physically disabled persons of all ages. Those seeking the opportunity for an enhanced lifelong learning experience use BASS which provides free Braille and Audio Download service- for active Talking Book Patrons with the National Library Service for the Blind and Physically Handicapped. The BASS web site offers over 21,000 books and over 40 magazine titles are available.' Using the current available network bandwidth, it can take up to one hour to download a single book. • BASS total cost = $28,970, Library share= $14,485 (shared with, Police) Bayside Library & Police 3rd Cox 3Mb & VPN to fiber connection to Public Works Dam Neck: Fiber cost hardware cost Total $ 13,580.00 $ 151390:00 $ 28,970.00 Departmental Share Police $ 14,485.00 Library $14,485.00 $ 28,970.00 Windsor Woods (WW), Great Neck (GN) and Kem'psville Libraries: • Total Library cost of WW and GN (with a 50/50 split with Fire) in need of funding: $67,805 • Total Library cost of WW and GN (without a 50/50 split with Fire) in need of funding: $135,610 o WW total cost =$48,590, Library share= $45,590 (we would like to share cost with Fire) o GN total cost = $87,020,. Library share = $87,020 (we would like to share cost with Fire) • Kempsville total cost = not available yet, but Library cost estimated at $15,500 (erre would.share with Police) Summation: • PA total cost $41,020 (Library share = $15,510 from TS budget) • BASS total cost $28,970 (Library share = $14,485 from TS budget) • CL cost = $ 32,900 (Stock the Shelves) • GN cost = $ 87,020 (not funded) %NW cost = $48,590 (not funded) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the U. S. Department of Homeland Security for the Virginia Beach Fire Department's Marine Team MEETING DATE: November 12. 2013 ■ Background: The City has been awarded a grant by the U. S. Department of Homeland Security, from the 2013 Port Security Grant Program. Virginia Beach is geographically located at the gate of the Port of Hampton Roads. The Virginia Beach Fire Department's Marine Team provides initial response to fire, hazardous materials, search, and rescue incidents. The purpose of the grant is to provide funding for new equipment and personal protective equipment for members of the Virginia Beach Fire Department's Marine Division. ■ Considerations: Of the total approved cost of $75,000, the Federal share is 75% ($56,250) and the City's share is 25 percent ($18,750). The Fire Department will provide the local match from 2011 Aid to Localities funding. The end of the program period is August 31, 2015. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. " � • 6YA-1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE U. S. DEPARTMENT OF 3 HOMELAND SECURITY FOR THE VIRGINIA BEACH 4 FIRE DEPARTMENT'S MARINE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $56,250 is hereby accepted from the U. S. Department of Homeland 10 Security and appropriated, with estimated federal revenue increased accordingly, to the 11 FY 2013-14 Operating Budget of the Fire Department to purchase equipment and 12 personal protective equipment for the Fire Department's Marine Team; and 13 14 2. That $18,750 in available 2011 Aid to Localities funding is hereby transferred to 15 the FY 2013-14 Operating Budget of the Fire Department to provide the required local 16 match. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Att6rn s Offi6e 1-1 CA12815 R-1 October 16, 2013 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from FEMA for the Virginia Task Force Two Urban Search and Rescue Team Related to Colorado Flooding MEETING DATE: November 12, 2013 ■ Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. On September 15, 2013, the Team received orders for an IST POA/MOB Specialist and a Division / Group Supervisor to be deployed to Fort Collins, CO. The members may be deployed for 10 days. ■ Considerations: Upon activation and deployment, FEMA provides funding to reimburse participants for equipment, supplies and overtime supporting this event. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, the Department of Homeland Security/FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of VA -TF 2 members. Based on the actual costs associated with this deployment, an appropriation of $20,661 is requested. ■ Public Information: Public information will be coordinated through the normal agenda process. ■ Recommendation: Adopt the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: "v •� 1 AN ORDINANCE TO APPROPRIATE FUNDS 2 FROM FEMA FOR THE VIRGINIA TASK 3 FORCE TWO URBAN SEARCH AND 4 RESCUE TEAM RELATED TO COLORADO 5 FLOODING 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $20,661 from the Federal Emergency Management Administration is hereby 11 appropriated, with estimated federal revenue increased accordingly, to the FY2013-14 12 Operating Budget of the Fire Department for the Virginia Task Force Two Urban 13 Search and Rescue Team response to the flooding in Colorado. 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: APPROVED AS TO LEGAL SUFFICIENCY: f L) Budget and Management Services CityJAt Cityorne ' ice CA12790 R-2 October 30, 2013 S�b��54 ^Iaµp.pN� j`I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Estimated Local Revenue to the Sheriff Office and to Authorize a Full-time Storekeeper I Position MEETING DATE: November 12, 2013 ■ Background: During FY 2010-11, the Sheriff's Office began operating the in- house programs of CareMart and Fresh Favorites. The CareMart program is an online ordering system that allows the general public to purchase items from the Sheriff's Office for the inmates. The Fresh Favorites program allows inmates to purchase a freshly cooked upgraded meal in addition to a standard inmate meal. ■ Considerations: According to the Sheriff's Office, these programs are very successful endeavors, and the Sheriff's Office believes there is the opportunity to expand the delivery service to more than once a week. This expansion should generate additional revenue. In order to do so, an additional full-time Storekeeper I will be required. The funding necessary to support this position is $20,645. Revenue estimates of the aforementioned programs will be increased and appropriated to offset the cost of this new position. The addition of this position will allow the Sheriff's Office to provide a level of service continuity it is struggling to achieve with part-time staff. Additionally, the sunk costs associated with security and training suggest a full-time position will provide a better solution than utilizing only part-time staffing. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Attachment: Ordinance Submitting Department/Agency: Sheriff's Office City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE ESTIMATED LOCAL REVENUE TO THE SHERIFF OFFICE AND TO AUTHORIZE A FULL-TIME STOREKEEPER I POSITION WHEREAS, the Sheriff's Office is experiencing turnover of staff in its in-house Caremart and Fresh Favorites programs; and WHEREAS, a full-time position would help stabilize staffing of the aforementioned programs and provide continuity in services delivered; NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $20,645 is hereby appropriated, with local revenue estimates increased accordingly, to the FY 2013-14 Operating Budget of the Sheriff's Office; and 2. That the Sheriff's Department position total is increased by one full-time position, a Storekeeper I, starting on or about December 1St 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 Budget and Management Services CA12833 R-1 October 29, 2013 APPROVED AS TO LEGAL SUFFICIENCY: Cit` or y' I. PLANNING 1. Applications for Non -Conforming Uses: a. CYNTHIA RICKMAN re redevelopment to demolish and construct new townhouse units at 404 34`" Street DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL b. ASSOCIATION FOR RESEARCH and ENLIGHTENMENT, INC (A.R.E.) re alteration to replace and install a new sign at 215 67`h Street DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of CHECKERED FLAG to MODIFY a Conditional Use Permit re vehicle sales at 3700 Sentara Way (approved February 24, 1997) DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 3. Application of LYNNHAVEN SHOPPING CENTER, LLC for a Conditional Use Permit re an indoor fitness and wellness facility at 2866 Virginia Beach Blvd DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 4. Application of JANICE M. COFFMAN for a Conditional Use Permit re a child Daycare at 585 Lavender Lane DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 5. Application of RESCUE AUTOMOTIVE for a Conditional Use Permit re a repair garage at 294 North Witchduck Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. APPLICATION of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 7. Application of the CITY OF VIRGINIA BEACH to EXTEND the date for compliance re a Street Closure at Lake Avenue and Oak Street and portions of Locust Crescent and Ellis Avenue DISTRICT 4 - BAYSIDE 11 RECOMMENDATION: APPROVAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 404 34th Street, CYNTHIA RICKMAN (Applicant & Owner). COUNCIL DISTRICT — BEACH. MEETING DATE: November 12, 2013 ■ Background: The subject site is zoned A-12 Apartment District and is currently developed with two buildings constructed in 1945. There are a total of six dwelling units on the site, as each building contains three units (density of 37.5 units per acre). The larger of the two buildings fronts on 34th Street. The second building is located closely to the south lot line, which fronts on 33rd Half Street. As currently developed, the use of the parcel is nonconforming since the regulations of the A-12 Apartment District do not allow the site to be used as it currently is. ■ Considerations: The applicant proposes to demolish the two existing buildings and redevelop the site with one three-story building containing four townhouse -style units (density of 25 units per acre). The three-story height is compatible with the height of buildings in the surrounding area. The proposed building will be located toward the center of the parcel, with the distance between the building and each lot line consistent with the minimum yard setback requirements for a duplex dwelling unit in the A-12 District, which will ensure design compatibility of the structure with the surrounding area. The four dwelling units are situated within the three-story building such that there is one end unit facing 34th Street, one end unit facing 33rd Half Street, and two interior units facing the eastern lot line. The floor area of the dwelling units will vary from 1,600 square feet for the interior units to 1,800 square feet for the end units. The applicant submitted a proposed building elevation for the east side of the structure as well as a colored building elevation of the 34th Street side of the structure. The exterior material is depicted as shake panels. There are a number of design inconsistencies between the two elevation drawings, such as window style, roofline, materials, and specific exterior colors. To ensure resolution of these inconsistencies, staff is recommending a condition of approval requiring the applicant to submit building elevations to the Planning Director for review and approval prior to the submission of a development site plan to the Development Services Center. ■ Recommendations: Staff concludes that the proposal will reduce the degree of nonconformity that currently exists on the site through a reduction in the number of units from six to four. This reduction in the number of units also results in the elimination of two residential dwelling units within the 70 to 75 db DNL AICUZ, where residential dwellings are designated as `not compatible.' The proposed expansion of this CYNTHIA RICKMAN Page 2 of 2 nonconforming use is reasonable, will have a minimal impact, and should be as appropriate, if not more appropriate, to the zoning district and the surrounding area as the existing non -conforming use. Staff, therefore, recommends approval with the conditions below. 1. Except as modified by any condition below or as necessary to meet City development ordinances and standards, the site shall be developed substantially in accordance with the submitted survey, entitled "Proposed Site" and "Physical Survey of Lot 13, Block 106, Linkhorn Park for Cynthia Rickman," prepared by Dennis Gerwitz Land Surveyors, and dated December 18, 2012. 2. Except as modified by any condition below or as necessary to meet City development ordinances and standards, the site building shall be developed substantially in accordance with the submitted building elevation drawings, entitled "Proposed East Side Elevation" and "Proposed 34th Street Elevation," prepared by Construction Services & Management, undated. 3. The maximum number of dwelling units on the subject site shall not exceed four (4). 4. The building elevation drawings referenced in Condition 2 shall be revised and submitted to the Director of Planning for review and approval prior to the submission of any plan to the Development Services Center. The revisions to the building elevation drawings shall occur after meeting with staff of the Current Planning Division of the Department of Planning to discuss said building elevations. ■ Attachments: Staff Review and Disclosure Statement, Resolution Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: I yvA V , -Z�n TEACH Map No -6 Cynthia tUckman R20 �.` 36 A24 Al2 A24,, Al2 +" 301 STaEET � �, 18 J/ A24 AIM R20 - Al2 Al2'\Al2, m A24 R20 Al2 RT3 A" Al2 12 gird sTREES OR A72* C�'_. CP_ Alteration to a Non -Conforming Use bz� Prwnatlon w Ppl•] Q�Mv� REQUEST: Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 404 34t" Street November 12, 2013 City Council Hearing APPLICANT & PROPERTY OWNER: CYNTHIA RICKMAN STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24189239810000 BEACH 7,000 square feet Greater than 70 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The subject site is zoned A-12 Apartment District and is currently developed with two buildings constructed in 1945. There are a total of six dwelling units on the site, as each building contains three units (density of 37.5 units per acre). The larger of the two buildings fronts on 34th Street. The second building is located closely to the south lot line, which fronts on 33t Half Street. As currently developed, the use of the parcel is nonconforming since the regulations of the A-12 Apartment District do not allow the site to be used as it currently is. Details of Proposal The applicant proposes to demolish the two existing buildings and redevelop the site with one three-story building containing four townhouse -style units (density of 25 units per acre). The three-story height is compatible with the height of buildings in the surrounding area. The proposed building will be located toward the center of the parcel, with the distance between the building and each lot line CYNTHIA RICKMAN NOVEMBER 12, 2013 CITY COUNCIL HEARING Page 1 consistent with the minimum yard setback requirements for a duplex dwelling unit in the A-12 District: 10 feet from the eastern and western lot lines; 30 feet from the northern lot line (34th Street); and 10 feet from the southern lot line (33rd Half Street). Placement of the structure within a building footprint that conforms to the setback distances the Zoning Ordinance establishes for a duplex dwelling will increase the design compatibility of the structure with the surrounding area. The four dwelling units are situated within the three-story building such that there is one end unit facing 34th Street, one end unit facing 33`d Half Street, and two interior units facing the eastern lot line. The floor area of the dwelling units will vary from 1,600 square feet for the interior units to 1,800 square feet for the end units. The applicant submitted a proposed building elevation for the east side of the structure as well as a colored building elevation of the 34th Street side of the structure. The exterior material is depicted as shake panels. There are a number of design inconsistencies between the two elevation drawings, such as window style, roofline, materials, and specific exterior colors. To ensure resolution of these inconsistencies, staff is recommending a condition of approval requiring the applicant to submit building elevations to the Planning Director for review and approval prior to the submission of a development site plan to the Development Services Center. The proposed site plan shows separate parking areas for each dwelling unit. Parking for the northernmost unit, facing 34th Street, is accommodated by a driveway wide enough for two vehicles extending from 34th Street to the dwelling. Parking for the northernmost center unit is accommodated by a parking pad located in front of the unit, connected to 34th Street by a driveway adjacent to the eastern lot line. Parking for the southernmost center unit is accommodated by a parking pad located in front of the unit, connected to 33`d Half Street Street by a driveway adjacent to the eastern lot line. Parking for the southernmost unit is accommodated by a parking pad located in front of the unit, and a second parking pad adjacent to the western lot line. Surrounding Land Use and Zonin North: . 34th Street • Single-family dwellings / A-24 Apartment District • Multifamily dwellings (condos) / A-24 Apartment District • Single-family dwelling / A-12 Apartment District South: . 33`d Half Street • Single-family and duplex dwellings / A-12 Apartment District • Multi -family dwellings (condos) / A-18 Apartment District East: • Undeveloped parcel and single-family dwelling (same owner for both parcels) / A-12 Apartment District West: . Multifamily dwelling / A-12 Apartment District EVALUATION AND RECOMMENDATION The applicant proposes to redevelop the subject site by demolishing two buildings containing a total of six dwelling units and then constructing one townhouse -style building containing four dwelling units. The existing buildings were constructed on the 7,000 square foot parcel in 1945; therefore, the use of the parcel for six dwelling units in two buildings, while not permitted by the existing zoning regulations of the A-12 Apartment District, is considered nonconforming per Section 105 of the Zoning Ordinance. Since the use of the site is nonconforming, any enlargement, expansion, alteration, or change in the uses CYNTHIA RICKMAN NOVEMBER 12, 2013 CITY COUNCIL HEARING Page 2 or structures requires approval from City Council (Section 105, Zoning Ordinance). The applicant, therefore, is requesting approval of the redevelopment of the site as proposed. Staff concludes that the proposal will reduce the degree of nonconformity that currently exists through a reduction in the number of units from six to four. This reduction in the number of units also results in the elimination of two residential dwelling units within the 70 to 75 db DNL AICUZ, where residential dwellings are designated as 'not compatible.' The proposed enlargement of this nonconforming use is reasonable, will have a minimal impact, and should be as appropriate, if not more appropriate, to the zoning district and the surrounding area as the existing non -conforming use. Staff, therefore, recommends approval with the conditions below. CONDITIONS 1. Except as modified by any condition below or as necessary to meet City development ordinances and standards, the site shall be developed substantially in accordance with the submitted survey, entitled "Proposed Site" and "Physical Survey of Lot 13, Block 106, Linkhorn Park for Cynthia Rickman," prepared by Dennis Gerwitz Land Surveyors, and dated December 18, 2012. 2. Except as modified by any condition below or as necessary to meet City development ordinances and standards, the site building shall be developed substantially in accordance with the submitted building elevation drawings, entitled "Proposed East Side Elevation" and "Proposed 34th Street Elevation," prepared by Construction Services & Management, undated. 3. The maximum number of dwelling units on the subject site shall not exceed four (4). 4. The building elevation drawings referenced in Condition 2 shall be revised and submitted to the Director of Planning for review and approval prior to the submission of any plan to the Development Services Center. The revisions to the building elevation drawings shall occur after meeting with staff of the Current Planning Division of the Department of Planning to discuss said building elevations. 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 application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CYNTHIA RIICKMAN NOVEMBER 12, 2013 CITY COUNCIL HEARING Page 3 Ai :am mo rr, Z O W J W H W W co — t O W U) 0 CL 0 LL F - v. LL C CL C OL PROPOSED SITE PLAN CYNTHIA RICKMAN III NOVEMBER 12, 2013 CITY COUNCIL HEARING Page 5 .�� .,, Ir ME Ai :am mo rr, Z O W J W H W W co — t O W U) 0 CL 0 LL F - v. LL C CL C OL PROPOSED SITE PLAN CYNTHIA RICKMAN III NOVEMBER 12, 2013 CITY COUNCIL HEARING Page 5 BEACH .Map TNI -6 Ma� R20 7:3 � � Al2 Al2* • Zomig w1M CondlrloneiProl/en, Open Space Promodon or POH•2 Overlays 340% thia Rickman 300of 1 33rd STREET z A36 - Alteration to a Non -Conforming Use ZONING HISTORY # DATE REQUEST ACTION 1 09/28/2010 Modification of Proffers of 2000 Change of Zoning A roved 09/12/2000 Conditional Change of Zoning R-10 to Conditional A-12 Approved 2 01/14/1997 Expansion of a Nonconforming Use A roved CYNTHIA RICKMAN NOVEMBER 12, 2013 CITY COUNCIL HEARING Page 6 Or OUR �N FT �.. �eA APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Cynthia Rickman 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ® Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CYNTHIA RICKMAN NOVEMBER 12, 2013 CITY COUNCIL HEARING Page 7 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) Dennis Gerwitz CSM/George Alcaraz Sykes, Bourdon, Ahem & Levy, P.C. "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Appl nt's Signature Property Owner's Signature (if different than applicant) Cynthia Rickman Print Name Print Name DISCLOSURE STATEMENT CYNTHIA RICKMAN NOVEMBER 12, 2013 CITY COUNCIL HEARING Page 8 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 404 34TH STREET 4 5 WHEREAS, the Cynthia Rickman (hereinafter the "Applicant") has made 6 application to the City Council for authorization for the enlargement of a nonconforming 7 use located at 404 34th Street in the A-12 Apartment District by enlarging the area 8 developed with multi-family dwellings on the parcel; and 9 10 WHEREAS, there is located on the parcel two multi-family dwellings with a total 11 of 6 units, which is not allowed in the A-12 Apartment District, however, the two (2) units 12 were built prior to the adoption of the applicable zoning regulations and are therefore 13 nonconforming; and 14 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 17 City Council authorizing such action upon a finding that the proposed use, as enlarged, 18 will be equally appropriate or more appropriate to the zoning district than is the existing 19 use; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby finds that the proposed use, as enlarged, will be 25 equally appropriate to the district as is the existing nonconforming use under the 26 conditions of approval set forth hereinbelow. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming use is hereby authorized, upon the 32 following conditions: 33 34 1. Except as modified by any condition below or as necessary to meet City 35 development ordinances and standards, the site shall be developed 36 substantially in accordance with the submitted survey, entitled "Proposed 37 Site" and "Physical Survey of Lot 13, Block 106, Linkhorn Park for Cynthia 38 Rickman," prepared by Dennis Gerwitz Land Surveyors, and dated 39 December 18, 2012. 40 41 2. Except as modified by any condition below or as necessary to meet City 42 development ordinances and standards, the site building shall be 43 developed substantially in accordance with the submitted building 44 elevation drawings, entitled "Proposed East Side Elevation" and 45 "Proposed 34th Street Elevation," prepared by Construction Services & 46 Management, undated. 47 48 3. The maximum number of dwelling units on the subject site shall not 49 exceed four (4). 50 51 4. The building elevation drawings referenced in Condition 2 shall be revised 52 and submitted to the Director of Planning for review and approval prior to 53 the submission of any plan to the Development Services Center. The 54 revisions to the building elevation drawings shall occur after meeting with 55 staff of the Current Planning Division of the Department of Planning to 56 discuss said building elevations. 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2013. APPROVED AS TO CONTENT artment CA12816 R-1 October 30, 2013 APPROVED AS TO LEGAL SUFFICIENCY: ( �bme qRWI City Attorney's Office 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement and Reconstruction of Signage to a Nonconforming Use on Property Located at 215 67th Street, ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT. LYNNHAVEN DISTRICT MEETING DATE: November 12, 2013 ■ Background: The site is zoned R -5R Resort Residential, and is occupied by the Association for Research and Enlightenment (A.R.E.), which was founded at this location in 1931. The A.R.E. has operated at this location since then, undergoing several changes. Until the adoption of the current City Zoning Ordinance in April 1988, a private non-profit institution, such as the A.R.E., was allowed as a conditional use in Residential zoning districts. During that time period, three Conditional Use Permits were approved for expansions. When the Comprehensive Zoning Ordinance was replaced with the City Zoning Ordinance in April 1988, `private non-profit use' was no longer allowed in the Residential zoning districts as either a permitted or conditional use. The A.R.E., therefore, is now a `nonconforming use' at this location since the site is zoned R -5R Resort Residential, and any enlargement, expansion, reconstruction, or change in the use or structure requires approval from City Council (Section 105, Zoning Ordinance). Previous approvals for expansions to a nonconforming use (additions to the Wynne Building at northwest corner of site) were approved by the City Council on January 26, 1999 and March 10, 2009. The building expansion approved in 2009 was constructed. ■ Considerations: The applicant is requesting approval of an Alteration to a Nonconforming Use. The proposal consists of replacement of existing and installation of new signs, as described below. Monument -Style Freestanding Sign The applicant proposes to replace the existing monument -style free-standing sign located at the southeast corner of the property at the corner of Atlantic Avenue and 67th Street. The new sign will be installed at the same location as the existing sign. The sign will be nine feet high, consist primarily of dark blue aluminum face panels and light blue horizontal accent stripes. Similar to the existing sign, the light blue accent stripes separate the darker blue panels that list the various schools and programs of the A.R.E. The top of the sign will include the logo of the A.R.E. on a white panel. Similar to the existing sign, the sign will be internally illuminated. Sign on Main Building The applicant proposes to install a building identification sign on the main building (Visitor Center). The building currently has no such sign. The sign will be ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT Page 2 of 2 installed along the top of the east fagade, between the roof parapet and the windows. Individual letters, 20 inches in height, will be mounted on the building directly above the windows. The A.R.E. logo (48.5 inches high and 79.5 inches long) will be installed between the left edge of the individual letters and the southeast corner of the building. Neither the letters nor the logo will be illuminated. The North Virginia Beach Civic League Zoning Review Committee has reviewed the applicant's proposal and has no objections. A copy of their review letter is included on the final page of the attached staff report. ■ Recommendations: The proposal to replace the existing monument -style freestanding sign with a more visible sign and to install a building identification sign will enhance the visibility of the A.R.E. The existing freestanding sign, being a light brown color, easily blends into the vegetation on the site as well as along Atlantic Avenue. The addition of a new building -mounted sign will also enhance the visibility of the A.R.E. from Atlantic Avenue for drivers attempting to find the site. After evaluating the applicant's request, and determining that the proposed alterations are reasonable, will have a minimal impact, and will be as appropriate to the zoning district and surrounding area as the existing condition of the nonconforming use, staff recommends that the City Council approve the application subject to the conditions below. 1. The monument -style freestanding sign shall be installed in the location shown on the submitted plan entitled "Modification to Non -Conforming Use Exhibit — Sign Option A," prepared by WPL, and dated July 31, 2013. 2. The materials, colors, and design of the monument -style freestanding sign shall be substantially as shown on the submitted sign elevation drawing entitled "Entry Identification Monument @ 67th Street, Design Concept RVc.5 / Design Concepts, Exterior Signage," prepared by dtb design, and dated 5/08/13. 3. The materials, colors, design, and installation location of the building identification sign shall be substantially as shown on the submitted sign elevation drawing entitled "Building Identification Dimensional Letters, Design Concept b.2 / Design Concepts, Exterior Signage," prepared by dtb design, and dated 5/12/13. ■ Attachments: Staff Review and Disclosure Statement, Resolution Recommended Action: Approval. Submitting Department/Agency: Planning Departmen City Manager: 0, . bak LYNNHAVEN Flat Landing State Park P1 Association for Research November 12, 2013 City Council & Enlightenment, Inc. (A.R.E.) Hearing RSK . gEEt APPLICANT & PROPERTY OWNER: ASSOCIATION FOR RESEARCH & r RbR ' Alteration o/a No Conformity ELIGHTENMENT, INC. (A.R.E.) STAFF PLANNER: Stephen J. White REQUEST: Enlargement and Reconstruction of Signage to a Nonconforming Use ADDRESS / DESCRIPTION: West side of Atlantic Avenue (215 67t" Street) GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2419646299; 2419644281; LYNNHAVEN 4.25 acres Less than 65 dB DNL 2419645102 BACKGROUND / DETAILS OF PROPOSAL The site is zoned R -5R Resort Residential, and is occupied by the Association for Research and Enlightenment (A.R.E.), which was founded at this location in 1931. The A.R.E. has operated at this location since then, undergoing several changes. Until the adoption of the current City Zoning Ordinance in April 1988, a private non-profit institution, such as the A.R.E., was allowed as a conditional use in Residential zoning districts. During that time period, Conditional Use Permits were approved as follows: additions to the existing non-profit private institution (1961); operation of a non-profit institution library, related facilities, and expansion of a parking lot (1973); and the addition of health services and offices (1983). When the Comprehensive Zoning Ordinance was replaced with the City Zoning Ordinance in April 1988, 'private non-profit use' was no longer allowed in the Residential zoning districts as either a permitted or conditional use. The A.R.E., therefore, is now a 'nonconforming use' at this location since the site is zoned R -5R Resort Residential, and any enlargement, expansion, reconstruction, or change in the use or structure requires approval from City Council (Section 105, Zoning Ordinance). Previous approvals for expansions to a nonconforming use (additions to the Wynne Building at northwest corner of site) were approved by the City Council on January 26, 1999 and March 10, 2009. The building expansion approved in 2009 was the constructed. ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 1 The applicant is now requesting approval of an Alteration to a Nonconforming Use. The proposal consists of replacement of existing and installation of new signs, as described below. Monument -Style Freestanding Sign The applicant proposes to replace the existing monument -style free-standing sign located at the southeast corner of the property at the corner of Atlantic Avenue and 67th Street. The new sign will be installed at the same location as the existing sign. The sign will be nine feet high, consist primarily of dark blue aluminum face panels and light blue horizontal accent stripes. Similar to the existing sign, the light blue accent stripes separate the darker blue panels that list the various schools and programs of the A.R.E. The top of the sign will include the logo of the A.R.E. on a white panel. Similar to the existing sign, the sign will be internally illuminated. Sign on Main Building The applicant proposes to install a building identification sign on the main building (Visitor Center). The building currently has no such sign. The sign will be installed along the top of the east fagade, between the roof parapet and the windows. Individual letters, 20 inches in height, will be mounted on the building directly above the windows. The A.R.E. logo (48.5 inches high and 79.5 inches long) will be installed between the left edge of the individual letters and the southeast corner of the building. Neither the letters nor the logo will be illuminated. The colors of the letters and the logo will match the monument -style freestanding sign. The North Virginia Beach Civic League Zoning Review Committee has reviewed the applicant's proposal and has no objections. A copy of their review letter is included on the final page of this report. EVALUATION AND RECOMMENDATION The use of the subject site for the Association for Research and Enlightenment (A.R.E.) is nonconforming, as the use is not allowed in the R -5R Resort Residential District either as a permitted or a conditional use. Prior to the adoption of the current City Zoning Ordinance in April 1988, the use was a conditional use in the district, classified as a `private non-profit institution.' Since the use of the property is nonconforming, the A.R.E. must seek approval from the City Council for any changes to the uses or buildings, as required by Section 105 of the Zoning Ordinance. The proposal to replace the existing monument -style freestanding sign with a more visible sign and to install a building identification sign will enhance the visibility of the A.R.E. The existing freestanding sign, being a light brown color, easily blends into the vegetation on the site as well as along Atlantic Avenue. The addition of a new building -mounted sign will also enhance the visibility of the A.R.E. from Atlantic Avenue for drivers attempting to find the site. After evaluating the applicant's request, and determining that the proposed alterations are reasonable, will have a minimal impact, and will be as appropriate to the zoning district and surrounding area as the existing condition of the nonconforming use, staff recommends that the City Council approve the application subject to the conditions below. ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 2 CONDITIONS The monument -style freestanding sign shall be installed in the location shown on the submitted plan entitled "Modification to Non -Conforming Use Exhibit — Sign Option A," prepared by WPL, and dated July 31, 2013. 2. The materials, colors, and design of the monument -style freestanding sign shall be substantially as shown on the submitted sign elevation drawing entitled "Entry Identification Monument @ 67 Street, Design Concept RVc.5 / Design Concepts, Exterior Signage," prepared by dtb design, and dated 5/08/13. 3. The materials, colors, design, and installation location of the building identification sign shall be substantially as shown on the submitted sign elevation drawing entitled "Building Identification Dimensional Letters, Design Concept b.2 / Design Concepts, Exterior Signage," prepared by dtb design, and dated 5/12/13. 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 application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 3 AERIAL OF SITE LOCATION ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 4 OF QUR V./"qe a U1 > = a 2 r Y 7 f O N aa'�nuany > u ¢ 0Ijuel1 VH J J J I' Q d z_ Q Y UA l7 Q yw I W y ¢ a O a ¢ Q I a a r I Y U ¢ Z m W a J 2 ¢` w a Ia ; I l 0 r J m O> N O W W ¢ oa a z . a PROPOSED SITE PLAN ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 5 PROPOSED SIGN DEPICTED AT LOCATION ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 6 k F OUR., N PI"11 4...w 561 PROPOSED FREESTANDING SIGN DESIGN ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 7 S A O y c W o I i I 561 PROPOSED FREESTANDING SIGN DESIGN ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 7 PROPOSED BUILDING IDENTIFICATION DESIGN ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 8 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Association for Research and Enlightenment, Inc.: Kevin J. Todeschi, Executive Director, Patrick Belisle, Director Lawrence Hester, Director; Claire Gardner, Corporate Secretary 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) �rT�cu�►� 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 9 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. WPL "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 affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close wonting relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. pli nt's Signature Property Owner's Signature (if different than applicant) Kevin J. Todeschi, Executive Director Print Name Print Name J H0111- 0 Go DISCLOSURE STATEMENT ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 10 Trustees: Gorgiana Alonzo Cameron Park, CA Don Carroll Virginia Beach, VA Richard Hersberger Hillsborough, NC Ina Jekel Kemah, TX Paul Mazza Tucker, GA Arthur Strickland, next Chair Roanoke, VA Betsy York Alexandria, VA Edgar Cayce's A.R.E. / Edgar Cayce Foundation Atlantic University 215 67' street Virginia Beach, VA 23451 Trustees & Senior Management—August 2013 William Austin Mary Ann Bossetta Roanoke, VA Mandeville, LA Charles Thomas Cayce Vickie Church Virginia Beach, VA San Diego, CA Larry Hester, Chairperson Virginia Beach, VA Judy Knueven Beaver Falls, PA Linda Rohrer Poquoson, VA Joseph Taylor Abingdon, VA Richard Hopkins Charleston, WV Mercy Martinez Miami, FL Andrea Singer, Vice Chair South Nyack, NY Christopher Yee Canmore, Alberta Senior ManaAemeft Kevin J. Todeschi, Exec Dir & CEO Pat Belisle, Director Brenda Butler, Director Jennie Taylor Martin, Director Cassie McQuagge, Director Nancy Hallingse Smith, Director John Van Auken, Director James Van Auken, Director DISCLOSURE STATEMENT ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 11 NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Members of the City of Virginia Beach Planning Commission Members of City Council / City of Virginia Beach October 21, 2013 Re: Application of Association for Research and Enlightenment, Inc., for a Change in Non -Conformity on 4.25 acres on the west side of Atlantic Avenue, north of 67'h street, south of 68th street & east of First Landing State Park, All of Block 14, Section E, Cape Henry Lynnhaven District, GPIN No: 2419-64-6299; 2419-64-4281;2419-64-5012 The North Virginia Beach Civic League's (NVBCL) Zoning Review Committee has reviewed the merits of this application and offers the following response: The refurbishment of the existing sign at 67th street and Atlantic Ave. is a pleasing upgrade to the existing pylon sign located there today. We as a civic league have understood the need for visibility to the ARE and the Visitors Center. We are aware of the ARE's many requests to the City Department of Parks and Recreation for modifications to lower the existing plantings along the median between 68`h and 67`h streets. The city policy appears to prohibit the lowering of the existing vegetation so we see the merit in having a building sign for greater visibility. We have known for years that convention attendees at the ARE Edgar Casey Conventions and Campus have missed the turn from Atlantic Avenue. This has resulted in many U-turns and circling back to the campus. The North Virginia Beach Civic League is very mindful of the historic presence of the ARE as they were one of the first residents of the North End. We enjoy a wonderful relationship and we wish to support their mission where we can. Members of the North Virginia Beach Civic League's Zoning Review Committee: Billy Almond 209 - 70th Street Ed Bohnslav 108 — 55d' Street Willy Fluharty 303 — 49'h Street Mary Lee Harris 216 — 55`h Street Dave & Mickey Jester 200 - 63rd Street Duff Kliewer 205 — 77th Street Bunny Kovner 211 - 77th Street Jo Anne Moore 300 - 55'h Street Ron Pearson 6204 Ocean Front Martin Waranch 111 - 66th Street Holli Wachtmeister 209 — 43`d Street. Gerrie West 217 - 75th Street John Wilson 444 Goodspeed Road Holiy Jenison 303 - 53rd Street DISCLOSURE STATEMENT ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. (A.R.E.) November 12, 2013 City Council Hearing Page 12 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT AND RECONSTRUCTION OF 3 SIGNAGE TO A NONCONFORMING USE ON 4 PROPERTY LOCATED AT 215 67TH STREET 5 6 WHEREAS, the Association for Research and Enlightenment (hereinafter the 7 "Applicant") has made application to the City Council for authorization for the 8 enlargement and reconstruction of signage to a nonconforming use located at 215 67th 9 Street in the R-5R Resort Residential District; and 10 11 WHEREAS, there is located on the parcel a private non-profit institution, which 12 was an allowed use when constructed, but which is not currently an allowed use in the 13 R-5R Resort Residential District and is therefore nonconforming; and 14 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 16 enlargement and reconstruction of a nonconforming use is unlawful in the absence of a 17 resolution of the City Council authorizing such action upon a finding that the proposed 18 use, as enlarged and reconstructed, will be equally appropriate or more appropriate to 19 the zoning district than is the existing use; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby finds that the proposed use, as enlarged and 25 reconstructed, will be equally appropriate to the district as is the existing nonconforming 26 use under the conditions of approval set forth hereinbelow. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement and reconstruction of the signage for the nonconforming 32 use is hereby authorized, upon the following conditions: 33 34 1. The monument-style freestanding sign shall be installed in the location 35 shown on the submitted plan entitled "Modification to Non-Conforming Use 36 Exhibit — Sign Option A," prepared by WPL, and dated July 31, 2013. 37 38 2. The materials, colors, and design of the monument-style freestanding sign 39 shall be substantially as shown on the submitted sign elevation drawing 40 entitled "Entry Identification Monument @ 67th Street, Design Concept 41 RVc.5 / Design Concepts, Exterior Signage," prepared by dtb design, and 42 dated 5/08/13. 43 44 3. The materials, colors, design, and installation location of the building 45 identification sign shall be substantially as shown on the submitted sign 46 elevation drawing entitled "Building Identification Dimensional Letters, 47 Design Concept b.2 / Design Concepts, Exterior Signage," prepared by 48 dtb design, and dated 5/12/13. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4-4 J/j/411(' PI nn artment City Attorney's Office CA12817 R-1 October 30, 2013 2 CA cos I Ir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHECKERED FLAG (Applicant) / Evergreen Virginia, LLC (Owner), Modification of a Conditional Use Permit for motor vehicle sales, as approved by City Council on February 25, 1997, 3700 Sentara Way (GPIN 1487523853). ROSE HALL DISTRICT. MEETING DATE: November 12, 2013 ■ Background: A Conditional Use Permit was approved on the site in 1997 for automobile sales, service, and rental. Another Conditional Use Permit permitting an expansion of an automobile service center was approved by the City Council on December 18, 2002. An additional Conditional Use Permit permitting an automobile repair establishment (vehicle preparation and paint bay) was approved by the City Council on May 25, 2004. The 2004 Conditional Use Permit has 3 conditions, which are listed at the end of the attached report (pages 11 and 12). Condition 1 relates to the existing site layout and is being requested for modification to allow for revisions. Condition 2 limits the building design, materials, and colors to a specific rendering which will change with the new dealership. ■ Considerations: Checkered Flag proposes to convert their existing Driver's World facility to a Volkswagen dealership. The project consists of renovating the existing 14,400 square foot, one-story sales building with a new front facade addition as well as a 24,660 square foot service bay (with drive-through) addition. An existing vehicle preparation service building will remain as is. The main vehicular entrance located off Sentara Way and the front parking area will be reworked to accommodate the new building addition. A row of display parking is proposed on the north side of the site between the existing stormwater management facility and the Rosemont Road off -ramp from 1-264. Landscaping, display vehicles, a flag pole, and pylon sign are proposed at the Driver's Mart Way entrance off of Rosemont Road. There was no opposition to the request. Checkered Flag Motor Company Page 2of3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: When the building additions and parking area are developed, they shall be in substantial conformance with the Conceptual Site Layout entitled "Volkswagen Checkered Flag, Virginia Beach, Virginia" prepared by MSA, P.C. and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the buildings are developed, they shall be in substantial conformance with the Building Elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). 3. When the Volkswagen Checkered Flag monument sign is constructed and installed, it shall be in compliance with sign and landscaping regulations. No pylon signs shall be permitted. 4. Flagpoles shall incorporate down -lighting in lieu of up -lighting. Only one set of flags representing the dealership or car manufacturer will be permitted on the site. 5. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in the easements shall be submitted to the Planning Director for review and approval. 6. Any modifications of existing signs on the site or structures shall be required to comply with sign regulations. 7. No statue shall be permitted in the vehicle display area at the Drivers Mart Way entrance as indicated on the site plan referenced in Condition 1. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval. No statue shall be installed without said review and approval. 8. No outdoor paging or speaker systems are permitted. 9. In addition to the landscaping shown on the submitted plan, a meandering berm with a height of at least three (3) feet at the top of the berm shall be required along the Sentara Way frontage. Flowerbeds, satisfactory to the Checkered Flag Motor Company Page 3 of 3 Planning Director, must be incorporated into the landscaping along Sentara Way. 10. Any archways shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. There shall be no signage on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. This area shall be landscaped. All applicable setbacks must be adhered to. 11. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State. 12. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. for the sales operation. Hours for the service center shall be limited to 7:00 a.m. to 10:00 p.m. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. 13.AI1 lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: �G Planning Department ME HALL w`m7 Checkered Flag Motor Car Company Wk- Ll 74. 7 r �82 62 � ., v R7.6 _ C w B2 r , pt76 — ? 82 2* 2 A*x*rJc&Mm of Conditions October 9, 2013 Public Hearing APPLICANT: CHECKERED FLAG MOTOR COMPANY PROPERTY OWNER: EVERGREEN, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for automotive sales, service center and rentals approved by the City Council on February 25, 1997, December 10, 2002 and May 25, 2004. ADDRESS / DESCRIPTION: 3700 Sentara Way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14875238530000 ROSE HALL 11.5 acres Less than 65 dB DNL APPLICATION HISTORY: This request was deferred by the Planning Commission on September 11, 2013 at the request of the applicant. BACKGROUND / DETAILS OF PROPOSAL A Conditional Use Permit was approved on the site in 1997 for automobile sales, service, and rental. Another Conditional Use Permit permitting an expansion of an automobile service center was approved by the City Council on December 18, 2002. An additional Conditional Use Permit permitting an automobile repair establishment (vehicle preparation and paint bay) was approved by the City Council on May 25, 2004. This 2004 Conditional Use Permit has 3 conditions, which are listed at the end of this report (pages 11 and 12). Condition 1 relates to the existing site layout and is requested for modification to allow revisions to the site layout. Condition 2 limits the building design, materials, and colors to a specific rendering which will change with the new dealership. Checkered Flag proposes to convert their existing Driver's World facility to a Volkswagen dealership. The project consists of renovating the existing 14,400 square foot, one-story sales building with a front fagade addition as well as a 24,660 square foot service bay with drive-through addition. An existing vehicle preparation service building will remain as is. CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 1 The main entrance located off Sentara Way and the front parking area will be reworked to accommodate the new building addition. A row of display parking is proposed on the north side of the site between the existing stormwater management facility and the Rosemont Road off -ramp from 1-264. Landscaping, display vehicles, a flag pole, and pylon sign are proposed at the Driver's Mart Way entrance off of Rosemont Road. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: automotive sales, service and rental facility SURROUNDING LAND North: . Interstate 264 USE AND ZONING: South: . Sentara Way • Single-family dwellings and offices / R-7.5 Residential District and B-2 Community Business East: . Mini -warehouse / B-2 Community Business District West: . Sentara nursing and rehabilitation facility / B-2 Community Business District NATURAL RESOURCE AND The majority of the site is impervious. The site is developed with CULTURAL FEATURES: buildings and parking areas. A small portion of the site along the northern property lines is in the Resource Protection Area of the Chesapeake Bay Preservation Area; the balance of the site in the Resource Management Area. COMPREHENSIVE PLAN: This property is located in the Urban Area - Rosemont Strategic Growth Area (SGA 5). The vision for the Rosemont SGA is a transit -oriented residential village with complementary mixed-use and office. More specifically, the Rosemont SGA Master Plan identifies this property to be within the Rosemont Road Redevelopment area. Applicable principles are opportunities to create a street network plan that proposes to extend Sentara Way over 1-264 to alleviate Sentara Way/Rosemont Road burdens, aid Rosemont Road north/south capacity issues, and establish a means for pedestrians to connect from southern neighborhoods to Virginia Beach Boulevard and the proposed transit station (p. 2-29, Policy Document). The plan states that office and apartment redevelopments are appropriate for this area (p. 49, Rosemont SGA Master Plan). STRATEGIC GROWTH AREA OFFICE: The submitted site plan shows that the existing Sentara Way has a right-of-way width of 50 feet. A project for beginning the process for upgrading Sentara Way from its current configuration to a flyover of 1-264 is listed in the CIP (Project 9-506). This project is a recommended component of the implementation of the Rosemont Strategic Growth Area Plan. Accordingly, the applicant should reserve 20 feet of additional right-of-way along Sentara Way in order for the road to match the ultimate right-of-way section as illustrated in the adopted Rosemont Strategic Growth Area Master Plan. CHECKERED FLAG MOTOR COMPANY Agenda Item 02 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Sentara Way is a two-lane local street that connects to the remainder of the City's transportation network solely via a signalized intersection on Rosemont Road and a private street connection ("Drivers Mart Way") that crosses the applicant's property to Rosemont Road. Rosemont Road is an over -capacity four -lane urban minor arterial with daily traffic congestion categorized as Level of Service "F". The Master Transportation Plan recommends a future six -lane section; however, the CIP does not currently include any project to widen this portion of Rosemont Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Sentara Way Unknown ADT Up to 6,200 ADT (Level Existing Land Use (2012) of Service "C") — 634 ADT Up to 9,900 ADT 39 AM Peak Hour (Level of Service "D") / Trips CapacitX 49 PM Peak Hour Trips Rosemont 33,400 ADT Up to 22,800 ADT Road (2013) (Level of Service "D") Up to 27,400 ADT' Proposed Land Use (Level of Service "E") / s-1,456 ADT Capacity 89 AM Peak Hour Trips 113 PM Peak Hour Tri s Average Daily Trips s as defined by new car sales with 19,040 SF gross floor area 3 as defined by new car sales with 43,700 SF gross floor area The modified entrance on Sentara Way shown by the Exhibit is considerably wider than permitted by the Public Works Standards and will need to be narrowed on the engineered site plan. This site is one of many that can only be accessed via a segment of Rosemont Road that is over- capacity and congested with knowable regularity under existing conditions. However, because the available right-of-way is already fully used by the existing through lanes, turn lanes, and pedestrian facilities, there is nothing that either the applicant or the City can do to reduce these traffic back-ups affecting all routes to and from the site. WATER: This site is connected to City water. The existing 1.5 meter (City I.D. #95121912) may be used or upgraded to accommodate the proposed development. There is an 8 -inch City water main in Sentara Way. SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #503 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 in Sentara Way. STORMWATER: This redevelopment will require Loading reductions. 10% in year 2013 and 20% in year 2014. FIRE: No comments at this time. CHECKERED FLAG MOTOR COMPANY Agenda Item 02 Page 3 EVALUATION AND RECOMMENDATION The Rosemont Strategic Growth Area Master Plan calls for transit oriented office and mixed use for this area. Although, the existing use and proposed modifications are not consistent with the land use recommendations of the Rosemont SGA Master Plan, the use is deemed appropriate as an interim use until the development trend surrounding the site begins to redevelop consistent with the recommendations of the Rosemont SGA Master Plan. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. When the building additions and parking area are developed, they shall be in substantial conformance with the Conceptual Site Layout entitled "Volkswagen Checkered Flag, Virginia Beach, Virginia" prepared by MSA, P.C. and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the buildings are developed, they shall be in substantial conformance with the Building Elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). 3. When the Volkswagen Checkered Flag monument sign is constructed and installed, it shall be in compliance with sign and landscaping regulations. No pylon signs shall be permitted. 4. Flagpoles shall incorporate down -lighting in lieu of up -lighting. Only one set of flags representing the dealership or car manufacturer will be permitted on the site. 5. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in the easements shall be submitted to the Planning Director for review and approval. 6. Any modifications of existing signs on the site or structures shall be required to comply with sign regulations. 7. No statue shall be permitted in the vehicle display area at the Drivers Mart Way entrance as indicated on the site plan referenced in Condition 1. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval. No statue shall be installed without said review and approval. 8. No outdoor paging or speaker systems are permitted. 9. In addition to the landscaping shown on the submitted plan, a meandering berm with a height of at least three (3) feet at the top of the berm shall be required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 4 10. Any archways shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. There shall be no signage on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. This area shall be landscaped. All applicable setbacks must be adhered to. 11. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State. 12. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. for the sales operation. Hours for the service center shall be limited to 7:00 a.m. to 10:00 p.m. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. 13. All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way. 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. CHECKERED FLAG MOTOR COMPANY Agenda Item b2 Page 5 AERIAL OF SITE LOCATION CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 6 PROPOSED SITE PLAN CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 7 s O t > W J W N W {i 1 z O W W Q J LL o to 111 Z it wQ Y> Uw W Lj S0 UZ ZOM w:-,; (7:D[4 a M JW W ox< >w0 PROPOSED ELEVATIONS CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 8 4'-5" -- -, VOLKSWAGEN CHECKERED FLAG SIGN ELEVATION DATE: 07/01/2013 PROPOSED SIGN CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 9 ZONING HISTORY # DATE REQUEST ACTION 1 05/25/2004 Conditional Use Permit (automobile repair establishment) Approved 12/10/2002 Conditional Use Permit (automobile expansion and shade) Approved 02/25/1997 Conditional Use Permit (automobile sales, service and rentals) Approved Street Closure Approved 2 02/25/1997 Change of Zoning (R7.5 to B-2) Approved 3 02/25/1997 Change of Zoning B-2 to R7.5) Approved 02/10/1998 Street Closure Approved 4 07/12/1994 Modification of Conditions Approved 11/22/1982 Conditional Use Permit (mini-wareh)use) Approved 5 10/27/1998 Conditional Use Permit (small engine repair) Approved CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 10 CONDITIONS OF THE 2004 USE PERMIT: 1. The proposed building shall substantially conform in size and location with the submitted site plan entitled "Conceptual Use Permit for Driver's World Proposed Prep Facility, 3700 Sentara Way, Virginia Beach, Virginia" prepared by MSA, P.C. and dated 02/20/04. Said plan is on file with the Virginia Beach Department of Planning. 2. The design, building materials, and building colors of the proposed additions shall substantially conform with the submitted elevation plan titled "Proposed Prep Facility for Driver's World, Virginia Beach, Virginia" prepared by Lyall Design Architects and dated February 2, 2004. Said plan is on file with the Virginia Beach Department of Planning. 3. The site shall adhere to all conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on February 25, 1997 and December 18, 2002. CONDITIONS OF THE 2002 USE PERMIT (including those from 1997, as listed under #3): 1. The proposed building additions and location of the proposed shade structures shall substantially conform in size and location with the submitted site plan entitled "Conceptual Site Layout, Auto Nation, 3700 Sentara Way, Virginia Beach, Virginia" prepared by MSA, P.C. and dated 09/18/02, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The design, building materials, and building colors of the proposed additions shall substantially conform with the submitted elevations entitled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia" prepared by Lyall Design Architects and dated July 15, 2002. Said plan is on file with the Virginia Beach Department of Planning. 3. The site shall adhere to all conditions attached to the existing Conditional Use Permit approved by the Virginia Beach City Council on February 25, 1997: a. No outdoor paging or speaker systems are permitted. b. The development shall substantially adhere to the submitted rendering, site plan and landscape plan on file in the Planning Department. The color scheme will be in keeping with the submitted color board. Minor deviations will be permitted only with the approval of the Planning Director. c. In addition to the landscaping shown on the submitted landscape plan, a meandering berm with a height of at least three (3) feet at the peaks is required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. d. The sign shall be monument style with full landscaping at the base and substantially in keeping with the submitted rendering on file in the Planning Department. All sign regulations must be adhered to. e. No signage is permitted on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. The archway shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. This area shall be landscaped. All applicable setbacks must be adhered to. CONDITIONS OF CURRENT USE PERMIT CHECKERED FLAG MOTOR COMPANY Agenda Item 02 Page 11 CONDITIONS OF THE 2002 /1997 USE PERMIT (CONTINUED): f. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and the expressway, or from the Third Street right-of-way. g. Hours of operation shall be from 9:00 a.m. to 9:00 p.m. for the sales operation. Hours for the service center shall be limited to 9:00 a.m. to 10:00 p.m. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. h. All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way. i. A direct access is required for construction traffic from Rosemont Road during construction of the facility. Construction traffic is prohibited on Sentara Way. j. Any existing healthy trees located within Spruce Street and the 25 -foot shall be projected and saved. New landscape material as shown on the landscape plan shall be added where existing vegetation does not meet the Category I requirements. There shall be a 66 -foot buffer on Spruce Street. CONDITIONS OF CURRENT USE PERMIT CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 12 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Checkered Flag Motor Car Company, Inc. Stephen M. Snyder, President; Frederick Kirschbaum, Asst. Secy. 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Evergreen Virginia, LLC has an affiliated business entity relationship with the Applicant by reason of a controlling owner in one entity Is also a controlling owner In another entity Check here if the applicant is NOTa corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Evergreen Virginia, LLC - Stephen M. Snyder, Manager 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list If necessary) The Applicant, Checkered Flag Motor Car Co. has an affiliated business entity relationship with the Owner, Evergreen Virginia, LLC Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes JI_ No �✓ If yes, what is the name of the official or employee and the nature of their interest? n/a DISCLOSURE STATEMENT CHECKERED FLAG MOTOR COMPANY_ Agenda Item D2 Page` 13 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) Lyall Design - Architectual Services MSA, P.C. - Engineering Services Morris H. Fine, Atty. - Legal Services a 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business -entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Stephen M. Snyder, President Applicant' ignatur Print Name Stephen M. Snyder, Manager Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 7/3/2007 DISCLOSURE STATEMENT CHECKERED FLAG MOTOR COMPANY Agenda Item D2 Page 14 Item D2 Checkered Flag Motor Car Company Modification of a Conditional Use Permit 3700 Sentara Way District 3 Rose Hall October 9, 2013 CONSENT An application of Checkered Flag Motor Car Company for a Modification of a Conditional Use Permit for automotive sales, service center and rentals approved by the City Council on February 25, 1997, December 10, 2002 and May 25, 2004 on property located at 3700 Sentara Way, District 3, Rose Hall. GPIN: 14875238530000. CONDITIONS When the building additions and parking area are developed, they shall be in substantial conformance with the Conceptual Site Layout entitled "Volkswagen Checkered Flag, Virginia Beach, Virginia" prepared by MSA, P.C. and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the buildings are developed, they shall be in substantial conformance with the Building Elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations" prepared by Lyall Design Architects and dated 07/01/13, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). 3. When the Volkswagen Checkered Flag monument sign is constructed and installed, it shall be in compliance with sign and landscaping regulations. No pylon signs shall be permitted. 4. Flagpoles shall incorporate down -lighting in lieu of up -lighting. Only one set of flags representing the dealership or car manufacturer will be permitted on the site. 5. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in the easements shall be submitted to the Planning Director for review and approval. 6. Any modifications of existing signs on the site or structures shall be required to comply with sign regulations. Item D2 Checkered Flag Motor Car Company Page 2 7. No statue shall be permitted in the vehicle display area at the Drivers Mart Way entrance as indicated on the site plan referenced in Condition 1. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval. No statue shall be installed without said review and approval. 8. No outdoor paging or speaker systems are permitted. 9. In addition to the landscaping shown on the submitted plan, a meandering berm with a height of at least three (3) feet at the top of the berm shall be required along the Sentara Way frontage. Flowerbeds, satisfactory to the Planning Director, must be incorporated into the landscaping along Sentara Way. 10. Any archways shall be a maximum of 16 feet and be permitted to allow traffic passageway, but shall not be lighted at any time. There shall be no signage on the proposed entrance archway, including promotional messages or banners, nor shall they be placed on the cars displayed at the entrance. This area shall be landscaped. All applicable setbacks must be adhered to. 11. No trees or vegetation may be removed by the applicant from the City or State land located between the subject site and 1-264 or from the Third Street right-of-way without written permission from the City or State. 12. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. for the sales operation. Hours for the service center shall be limited to 7:00 a.m. to 10:00 p.m. All repair, service, maintenance, cleaning and washing will be conducted inside the service center. Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting. 13. All lighting shall be directed away from the nursing facility located on the adjacent property to the west, and away from the residentially zoned property located to the south across Sentara Way. A motion was made by Dave Redmond and seconded by Chris Felton to approved item D2. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE NAY 0 ABS 0 ABSENT 1 ABSENT Item D2 Checkered Flag Motor Car Company Page 3 RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item D2 by consent. Morris Fine appeared before for the Commission on behalf of the applicant. AIL 1.►14 A"f`2 i 41V rS `NU A 04 i� !� + �SDI J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LYNNHAVEN SHOPPING CENTER, L.L.C. (Applicant & Owner), Conditional Use Permit for an indoor recreational facility (fitness and wellness facility). 2866 Virginia Beach Blvd (GPIN 1497367543). LYNNHAVEN DISTRICT. MEETING DATE: November 12, 2013 ■ Background: The applicant requests a Conditional Use Permit for an Indoor Recreation Facility (wellness and fitness center). The proposed use will occupy a 53,193 square foot unit of a 182,325 square foot shopping center. The Zoning Ordinance regulations for the B-2 Community Business District require that indoor recreational uses with over 7,500 square feet of floor area obtain a Conditional Use Permit. The subject parcel is 23.54 acres with three separate commercial strip centers and a large parking area located in the center of the site. The proposed use will occupy the space called out as "MAJOR TENANT C" on the submitted site plan. While plans for this property have been submitted to Development Services Center for Site Plan Review, this Conditional Use Permit applies only to the space used by the proposed Indoor Recreational Facility as called out on the submitted plan. ■ Considerations: The recreational facility, Onelife Fitness, is a wellness and fitness center with nine facilities in the Hampton Roads area. This location will be open from 5:00 am to 11:00 pm, seven days a week. It is anticipated that this facility will have 50 employees, and approximately 20 employees will work each shift. The public may purchase a day pass or choose to become a member and pay on a monthly basis after signing a contractual agreement. The fitness center offer amenities such as racquetball, volleyball, and basketball courts; unlimited group exercise classes; `women only' workout areas; cardio equipment; a rock wall; on-site sports medicine; a smoothie bar; an outdoor workout area; and childcare available to members while they use the facility. The specific interior floor plan is still to be determined for this location. The submitted site plan shows there will be an outdoor workout patio approximately 25' x 100' in size adjacent to the rear fagade. Outdoor workout areas are fully enclosed with chain-link fencing and are directly accessed from the fitness center. The applicant has submitted a rendering which includes adding one exterior sign typical of the Onelife Fitness brand. Lynnhaven Shopping Center Page 2of3 Section 203 of the Zoning Ordinance requires that shopping centers containing at least one acre or more than four tenants have one parking space for every 250 square feet of floor area. Following this requirement, the area comprising "Major Tenant C' and an additional 2,500 square feet for the outdoor exercise patio require 212 spaces. The submitted site plan calls out 254 parking spaces as being reserved for this lease space. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0-1, to recommend approval of this request to the City Council with the following conditions: 1. This Conditional Use Permit applies only to "MAJOR TENANT C' as called out on the submitted site plan titled, "VIRGINIA BEACH BOULEVARD," and prepared by MLH. This site plan has been exhibited to the City Council and is on file at the City of Virginia Beach Planning Department. 2. With the exception of the outdoor exercise patio, this Conditional Use Permit does not include the improvements shown in the submitted elevations or site plan. 3. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 5. The facility shall operate only between the hours of 5:00 a.m. and 11:00 p.m. 6. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 7. There shall be a minimum of one staff member on site at all times that is certified for first aid and automated external defibrillator (AED) training. 8. The area called out on the submitted site plan as "EXERCISE PATIO" shall be fully enclosed by a fence with a height of at least six feet. Said fencing shall be maintenance free and shall include a self-locking gate on the exterior. This area shall be lit at all times and shall be directly accessible from the interior of the unit identified as "MAJOR TENANT C." 0 Attachments: Lynnhaven Shopping Center Page 3 of 3 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,4;. V, 73 - LYNNHAVEN MhH�.� Lvnnhaven Shopping Center R7:S - s Ris; R16 2 B2 V,NNF6yyEN � _, ys $ is, - 1, VIRGINIA BEACN BLVD _ 62 CUP /or Indoor Com cpl Recreation Facility REQUEST: Conditional Use Permit (Indoor Commercial Recreation Facility) ADDRESS / DESCRIPTION: 2866 Virginia Beach Boulevard 6 October 9, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: LYNNHAVEN SHOPPING CENTER STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14973675430000 LYNNHAVEN 53,193 SF 70-75 d6 DNL or 23.54 acres BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for an Indoor Recreation Facility (wellness and fitness center). The proposed use will occupy a 53,193 square foot unit of an 182,325 square foot shopping center. The Zoning Ordinance regulations for the B-2 Community Business District require that indoor recreational uses with over 7,500 square feet of floor area obtain a Conditional Use Permit. The subject parcel is 23.54 acres with three separate commercial strip centers and a large parking area located in the center of the site. The proposed use will occupy the space called out as "MAJOR TENANT C" on the submitted site plan. While plans for this property have been submitted to Development Services Center for Site Plan Review, this Conditional Use Permit applies only to the space used by the proposed Indoor Recreational Facility as called out on the submitted plan. The recreational facility, Onelife Fitness, is a wellness and fitness center with nine facilities in the Hampton Roads area. This location will be open from 5:00 am to 11:00 pm, seven days a week. It is anticipated that this facility will have 50 employees, and approximately 20 employees will work each shift. The public may purchase a day pass or choose to become a member and pay on a monthly basis after signing a contractual agreement. The fitness centers offer amenities such as racquetball, volleyball, and LYNNHAVEN SHOPPING CENTER Agenda Item 6 Page 1 basketball courts; unlimited group exercise classes; `women only' workout areas; cardio equipment; a rock wall; on-site sports medicine; a smoothie bar; an outdoor workout area; and childcare available to members while they use the facility. The specific interior floor plan is still to be determined for this location. The submitted site plan shows there will be an outdoor workout patio approximately 25'x 100' in size adjacent to the rear facade. Outdoor workout areas are fully enclosed with chain-link fencing and are directly accessed from the fitness center. The applicant has submitted a rendering which includes adding one exterior sign typical of the Onelife Fitness brand. As mentioned earlier, further exterior architectural changes and site development will take place on this property; however, these improvements are not part of this Conditional Use Permit. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial Strip Shopping Center / B-2 Community Business District SURROUNDING LAND North: . City water tower / A-12 Apartment District USE AND ZONING: South: . Virginia Beach Boulevard • Commercial Development / B-2 Community Business District East: • Single-family homes / R-15 Residential District West: . Dance Academy / B-2 Community Business District NATURAL RESOURCE AND The majority of the site is currently impervious. The site slopes CULTURAL FEATURES: downward from the southern front lot line to a water feature which is adjacent to the northern rear lot line. Chesapeake Bay Preservation Area is located along this lot line and reaches inward anywhere from 100 to 580 feet. COMPREHENSIVE PLAN: The Comprehensive Plan designates this subject property as being located in the Lynnhaven Strategic Growth Area (SGA 6), for which the Lynnhaven SGA Master Plan was adopted as an amendment to the Comprehensive Plan in April 2012. The vision for the SGA over time is to transform aging or under-utilized commercial properties into a higher intensity, pedestrian -friendly employment and lifestyle center in a transit -ready setting, which is better oriented to the Lynnhaven River system. The SGA Master Plan states that this character area is a prime location for a range of non-residential uses. This includes existing uses, which over time can be better organized to support the urban character goals of the City's SGAs and be transit -supportive since they are within easy walking distance of a future planned transit station on the south side of Southern Boulevard, as indicated in the Hampton Roads Transit's Virginia Beach Transit Extension Study currently in progress. The SGA Plan further states that new development blocks are created to accommodate new office development in an urban, pedestrian -friendly "neighborhood center." With supporting retail to build on the existing strength of the area as a major employment center, this district is well-positioned as transit -ready (p. 2-26 and p. 49, Lynnhaven SGA Master Plan). LYNNH"EN SHOPPING CENTER Agenda Item 6 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): North Lynnhaven Road is a two lane collector road. Virginia Beach Boulevard is an eight lane urban major arterial. TRAFFIC: (Trip Street Name Present Volume Present Capacity Generated Traffic generation is North Lynnhaven 9,800 ADT 9,900 ADT Existing Land Use being Road (2012) (Level of Service "D") - 9,854 ADT provided for 11,100 ADT 1 Proposed Land Use 3 the complete Level of Service "E" 10,034 ADT shopping Virginia Beach 37,300 ADT 1 34,940 ADT center rather Boulevard (2013) (Level of Service "C") — than the one 56,240 ADT 1 use) Level of Service "D" Average Daily Trips las defined by 177,325 SF shopping center Sas defined by 182,325 SF shopping center WATER: The site is already connected to City water. There is an existing 2 -inch water meter (ID #95052851) and a fire meter (ID # 95048600) which can be used or upgraded to accommodate the proposed development. SEWER: The site is already connected to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #252 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The proposed Indoor Recreational Facility of a wellness and fitness center requires a Conditional Use Permit, as it is over 7,500 SF in area, which is the facility size at which the Zoning Ordinance requires a Use Permit. The wellness and fitness center, known as Onelife Fitness, will provide a recreational and fitness opportunity for residents in the area. The hours of operation are from 5:00 a.m. to 11:00 p.m., which is appropriate relative to the current surrounding uses, zoning, and AICUZ. Section 203 of the Zoning Ordinance requires that shopping centers containing at least one acre or more than four tenants have one parking space for every 250 square feet of floor area. Following this requirement, the area comprising "Major Tenant C" and an additional 2,500 square feet for the outdoor exercise patio require 212 spaces. The submitted site plan calls out 254 parking spaces as being reserved for this lease space. Staff recommends approval of this application with the conditions below. LYNNH"EN SHOPPING CENTER Agenda Item 6 Page 3 CONDITIONS 1. This Conditional Use Permit applies only to "MAJOR TENANT C" as called out on the submitted site plan titled, "VIRGINIA BEACH BOULEVARD," and prepared by MLH. This site plan has been exhibited to the City Council and is on file at the City of Virginia Beach Planning Department. 2. With the exception of the outdoor exercise patio, this Conditional Use Permit does not include the improvements shown in the submitted elevations or site plan. 3. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 5. The facility shall operate only between the hours of 5:00 a.m. and 11:00 p.m. 6. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 7. There shall be a minimum of one staff member on site at all times that is certified for first aid and automated external defibrillator (AED) training. 8. The area called out on the submitted site plan as "EXERCISE PATIO" shall be fully enclosed by a fence with a height of at least six feet. Said fencing shall be maintenance free and shall include a self-locking gate on the exterior. This area shall be lit at all times and shall be directly accessible from the interior of the unit identified as "MAJOR TENANT C." 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. LYNNHAVEN SHOPPING CENTER Agenda Item 6 Page 4 nm add�'�Yti� 4<c m U< t< S S� O S S O O a �z w I <LL !{ K0 z fm N N� 0 M JI41Jv� it U w U SITE PLAN SHOWING LOCATION OF USE LYNNHAVEN SHOPPING CENTER Agenda Item 6 Page 6 BUILDING ELEVATION SHOWING LOCATION OF PROPOSED USE LYNNHAVEN SHOPPING CENTER Agenda Item 6 Page 7 LYN NHAVE N 1F 4 29 MA iIN��'�a._� 'Zoning with Conditions Proffers, Open Space Promotion orPDH•2 Overlays 1 f1-1 I F� IIIif • CUP for Indoor Commercial Recreation Facility ZONING HISTORY # DATE REQUEST ACTION 1 01/12/1992 Conditional Use Permit Automobile Repair Establishment, Minor Repairs) Approved 3 12/28/1998 Conditional Use Permit (Automobile Lube Establishment) Approved 4 11/26/2002 Conditional Use Permit (Fuel Sales) Approved 04/10/2001 Conditional Use Permit (Motor Vehicles Rentals) Approved 2 08/26/1997 Conditional Use Permit (Motor Vehicle Sales) Approved 3 10/14/1997 Modification to Conditions (Automobile Repair Establishment, Minor Repairs Approved 4 12/11/2007 Modification to Conditions Approved 2 02/27/2007 Conditional Rezoning (B-2 and R-10 to B-2) Approved LYNNHAVEN SHOPPING CENTER Agenda Item 6 Page 8 EXISTING CONDITIONS LYNNHAVEN SHOPPING CENTER Agenda Item 6 Page 9 APPLICANT DISCLOSURE It the appk:ani Is a oorporatiw, parinenhip, fft, business, or other unincorporated organization, complete the follovAng: 1. List the applicant name followed by the nemes of all offs, members, trustees, partners, etc. below: (Affaich fist if necessary) Lynnhaven Shoppinp Carder, LLC: F. Wayne MSL skey, Jr. QTIP MirW TRO!54; Cheryl P. Mr Leskey, lu raper; William A. Olcox, 11, llssisord ta'lansger 2. List all businesses that hM a parent-subsidiary'Draffifiated business ent relationship with the applies nt: (Atter ASX if n ssary) ❑ Check here if the applicani is I► OTs corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this s&ctbn ordy if paperty owner is WYerent ream Wwnf. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following-- 1, ollowing_1, List Me property over nor" fol owed by the narnes of all ofiieera, rnernbers, trustees, partners, eta-. below: (Attach.fist if rt ary) 2_ List off businesses that have a parent -subsidiary' or atflllated bus7++►ess enfity,2 relationship with the applicant: (ARach kst if ra' mm*wryj ❑ Check here It the property owner is NOT a corporation, partnership, firm, pusinesa, *r outer unincorp+orater! organizalion. & 2 See ne t pale for twnates Does an official or employee of the City of Virginia Beach have an interest in the subjecd land? Yes Nov x If yes, what is the name of ttre off4cml or emproyft end the nature of their interesi? DISCLOSURE STATEMENT LYNNHAVEN SHOPPING CENTER Agenda Item 6 Page 10 A0011TiONAL DISCLOSURES List all known contractors or businesses that hay or will provide setvices with respect to the requested proper use, int ding but not limited to the prnvidere of erghitectural services. real oto services, finenciel ser k*s , acmunting smices, and legal services: (Attach list if r►e 3sairy) S.J. Collins Enterprises Btahier Engineering Phillips Partnership Sykes, Bourdon, Ahern & Levy, P.C. ' Tarent-subsidiary reiationshig� means 'a rel stionsnip that e=ls when one ccrperation dlreclty or indirectly shares possessing r'rt, t e than 50 porceni of the voting per of entxner corporation ' See State and Local Gc�o ernrnegit Conf d of Interests Act, Va.. Cotte 2 2-310' 3 'Afrilialed I a:3inexs entity neletior-shp' means "a felarionship+, other than pareni- subsKllery reledionehip, that axises when (i) ore tausiwss entity hats a cantrohng owriersip interest in the other t7slsrrtes6 entity, (Fj a cnr*roAing orwrw3r n one entny is i?tso a cnrdrohrip ovener in the other entity. of (iii) thee z shdred n-vinagorrieril or control between ttw hwprfass rsntitinr! Factors Ctt she red be cionsidefe d in delerrninim; the, existence of an aflirrrted husir s entity rclaWnshtp Include Mat the same pew,')n cT stkstant,alty the safr* pw5on own at rnanage the turn Smites: there are occwwn ur o3mmingind funds or assets; the busiftess antiGes share thr tine of the same offices of er ipbyea!; or otherwise share ac1iviIje% fesoufc*& or per5onnal an a rogtAir btasis: or there is othe9nWse a close working relfabottst"t beumen the entfts.' See Stale and t oval Govemme rt Conrlicl of Interests Ai;c Ve. trade 4 22-3101 CERTIFICATION: 1 certify that itre rrierm;4lpn conloitierti I•e cjn n true and accuraio I undwatand that, upon weigif & nirACat er) ({69ttard) Wei I the applcaW)n hea, tier, q&*&0eJ for pl-bic hearing, I am rasocnsibin #:rr 3VA nog and pr Ping fire rewred sqn erg ma S00teut prcvenyat Isar 30 days lacr to the sscncduiart rxjwic lieerino a=rdi-iii; �o tt-r insinr-t a ir, n tt;s package T*#e ur i:'rei nod also earesenls in err^f ►;fin 1% `G 1 prapa ,), uy i mpi3ya qt the DWSMtrerd o' ftinnnq to ptz tgraph srii view the qtr Na purpasts 0 pna ermng x4 evei 91r)g r?lrs applicalrur ',ynnhinvrn 1ho,.1Tnq Center, LLC .ks i ton Mar!agc:r �.iul�ul's naltre' c-ratrlbrre — 1 rnpor 0^r+ar5 ty- 6 it 041—trent tt-r =r,1i:znti Rill N*r'le DISCLOSURE STATEMENT LYNNHAVEN SHOPPING CENTER Agenda Item 6 Page 11 Item #6 Lynnhaven Shopping Center, L.L.C. Conditional Use Permit 2866 Virginia Beach Boulevard District 5 Lynnhaven October 9, 2013 CONSENT An application of Lynnhaven Shopping Center, L.L.C. for a Conditional Use Permit (Indoor Commercial Recreation Facility) on property located at 2866 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 14973675430000. CONDITIONS 1. This Conditional Use Permit applies only to "MAJOR TENANT C' as called out on the submitted site plan titled, "VIRGINIA BEACH BOULEVARD," and prepared by MLH. This site plan has been exhibited to the City Council and is on file at the City of Virginia Beach Planning Department. 2. With the exception of the outdoor exercise patio, this Conditional Use Permit does not include the improvements shown in the submitted elevations or site plan. 3. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 5. The facility shall operate only between the hours of 5:00 a.m. and 11:00 p.m. 6. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 7. There shall be a minimum of one staff member on site at all times that is certified for first aid and automated external defibrillator (AED) training. 8. The area called out on the submitted site plan as "EXERCISE PATIO" shall be fully enclosed by a fence with a height of at least six feet. Said fencing shall be maintenance free and shall include a self-locking gate on the exterior. This area shall be lit at all times and shall be directly accessible from the interior of the unit identified as "MAJOR TENANT C." Item #6 Lynnhaven Shopping Center, L.L.C. Page 2 A motion was made and seconded by Chris Felton to approved item 6. AYE 9 NAY 0 ABS 1 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND ABS RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0-1, with the abstention so noted, the Commission approved item 6 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. zr /I . . ....... Ar gal Lo 0 "N Z. '100 oa lb ri zr /I . . ....... Ar gal o`r yLl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JANICE M. COFFMAN (Applicant & Owner), Conditional Use Permit for a Family Child Daycare Home. 585 Lavender Lane (GPIN 1477082650). BAYSIDE DISTRICT. MEETING DATE: November 12, 2013 ■ Background: The applicant requests a Conditional Use Permit for the continued use of this site as an in-home Family [Child] Daycare Home. The applicant has been providing childcare services at the subject site for 25 years. During the last licensing cycle review by the Department of Social Services (DSS), the applicant was notified of the need for a Conditional Use Permit. The City requires a Conditional Use Permit for home-based childcare when five or more children [that are not residents of the subject dwelling] are being cared for. ■ Considerations: Children are cared for between the hours of 6:30 a.m. and 5:30 p.m. Monday through Friday. Children are dropped -off and picked -up by their parents or guardians at the applicant's driveway. Ms. Coffman operates her childcare services with no additional staff. Based on the floor area per child requirements of the DSS, Ms. Coffman is allowed to care for up to ten children at this location (contingent to further regulations, including those regarding the age of the children being provided care). Additional details are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The maximum number of children to be cared for shall be determined by the Department of Social Services but shall not exceed twelve (12). 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 6:00 p.m. Janice M. Coffman Page 2 of 2 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion on Lavender Lane is avoided. 5. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 6. In the event that the applicant replaces the existing fencing, the chain-link fencing and gate shall be replaced with a wood or maintenance -free fence no higher than four (4) feet in height. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. ■ 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: /_ � �vy>t_ `u n-6 Janice M. Co"man Rim .5 R ,r o ` �r R7.5 4 R7.6 R;7.5 R7.5 ' R7,5 Sd Cq 00 AW R7$ 127.5; R7. '°'d;°"' CUP for Child Daycare vasa a. REQUEST: Conditional Use Permit (Family [Child] Daycare Home) ADDRESS / DESCRIPTION: 585 Lavender Lane L4� October 9, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: JANICE M. COFFMAN STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: 14770826500000 BAYSIDE 7,894 square feet AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for the continued use of this site as an in-home Family [Child] Daycare Home). The applicant has been providing childcare services at the subject site for 25 years. During the last licensing cycle review by the Department of Social Services (DSS), the applicant was notified of the need for a Conditional Use Permit. The City requires a Conditional Use Permit for home-based childcare when five or more children [that are not residents of the subject dwelling] are being cared for. Children are cared for between the hours of 6:30 a.m. and 5:30 p.m. Monday through Friday. Children are dropped -off and picked -up by their parents or guardians at the applicant's driveway. Ms. Coffman operates her childcare services with no additional staff. Based on the floor area per child requirements of the DSS, Ms. Coffman is allowed to care for up to ten children at this location (contingent to further regulations, including those regarding the age of the children being provided care). The site consists of a 1,200 square foot, one-story, single-family home. The dwelling is situated near the center of the lot. The front yard is approximately 2,580 square feet in area. The rear yard is 2,952 square feet in area. With the exception of a paved area for a storage shed, the rear yard is a flat open lawn. A six-foot tall wooden privacy fence runs along the side and rear lot lines until it reaches a point even with JANICE M. COFFMAN Agenda Item 5 Page 1 the front fagade of the dwelling. From that point to the front corners of the house is a four -foot high chain- link fence with a gate. Play equipment and toys for the children are kept outside in the rear yard. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Single-family homes / R-7.5 Residential District USE AND ZONING: South: . Single-family homes / R-7.5 Residential District East: . Single-family homes / R-7.5 Residential District West: . Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND This site is flat and grassy with minimal paved area for vehicular CULTURAL FEATURES: access and outdoor storage. COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is located as the Suburban Area. To maintain the stability of the Suburban Area, the Comprehensive Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. EVALUATION AND RECOMMENDATION The applicant has been providing childcare service from this location for over 25 years. Among other components of their review, the Department of Social Services (DSS) evaluates the amount of indoor and outdoor space that is reserved for childcare. Relative to the size of the dwelling and yard, the DSS has approved Ms. Coffman to care for up to ten children (which is further contingent on regulations pertaining to the age of the children). Also as part of the DSS's review, the applicant was notified of the City's requirement for a Conditional Use Permit when childcare services are provided for five or more children. The site and dwelling are well maintained, and there is adequate area in the fenced -in rear yard for the children to safely play. The site is located on a 60 -foot wide public right-of-way, which has an improved paved width of 24 feet to accommodate two-way traffic. The applicant's driveway can accommodate two temporarily parked vehicles that are dropping -off or picking -up children. Staff recommends approval of this application with the conditions below. JANICEaM. COFFMAN Agenda Item 5 Pae 2 CONDITIONS 1. The maximum number of children to be cared for shall be determined by the Department of Social Services but shall not exceed twelve (12). 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion on Lavender Lane is avoided. 5. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 6. In the event that the applicant replaces the existing fencing, the chain-link fencing and gate shall be replaced with a wood or maintenance -free fence no higher than four (4) feet in height. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. 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. JANICE M. COFFMAN Agenda Item 5 Page 3 AERIAL OF SITE LOCATION JANICE M. COFFMAN Agenda Item 5 Page 4 THIS IS TO CERTIFY THAT 1, ON JULY 18, 2013, SURVEYED THE PROPERTY SHOWN HEREON AND THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE AS SHORN HEREON. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHM NTS OTHER BUILDINGS EXCEPT AS SHORN. SIGNED:df—'> 'Wl�-s NOTES: 1) THE PROPERTY SHOWN HEREON APPEARS TO LIE IN 'X" (UNSHADED) FLOOD ZONE ACCORDING TO F.E.M.A. MAP PANEL NO. 515531-0082F REVISED SEPT. 2. 2009. 2) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, AND MAY NOT SHOW ANY/ALL EASEMENTS AFFECTING THE PROPERTY. `�� LOT 18 I LOT 19 10' DRAINAGE h 3.5' C.L. UTILITIES ESM'T 1.0' IN FENCE M.B. 47 PG, 34 0.2' IN �- 0.2' IN _ ON LINE IP(F) N 45'37'00" W 72.56' e 0.8' IN_ 0.4' IN'— 'FRAME v 1.2' IN 0.8' IN 6' WOOD SHED '10.J 3.0' 15' DRAINAGE h FENCE UTILITIES ESM'T I CONC. Z Z M.B. 47 PG. 34 LOT 4 0 O C) 6' W000 m v 3.5' C.L. I FENCE m FENCE AC m m LOT 5 23.73 PAD 9.7* L FENCE o 0 II N LOT 3 1 1 STORY BR. & 0 rn v� J /5B5 _ rn 1 n ON LINE 1e.Y 77T 0.1' OUT 0.3' IN I ...... _ _ 0.3' IN f 3.5' WOOD 2 o RAIL FENCE I - 3.2' IN 0.1' OUT IP(F) IP(F) R=1,950.00' L=86.00' 234.60' TO P.I, OF OF BRIAN AVE. 3.5'WOOD 2 RAIL FENCE LAVENDER LANE (60' R/W) 912/91 (68) PROPOSED SITE PLAN T�t�IA•BFa��! �I��, JANICE M. COFFMAN Agenda Item 5 Page 5 Op OUR N:.•.10..�i PHYSICAL SURVEY OF LOT 4, BLOCK 8 SUBDIVISION OF ARAGONA VILLAGE SECTION TWELVEism VIRGINIA BEACH, VIRGINIAy DATE: JULY 18, 2013 FOR CWA:RDIM. scaLE: 1'=zo' JANICE COFFMANNOTE: FOR PLAT SEEM.B. !7 PG. 34NRGINIA BEACH, VA WARD M. HOLMES4LAND SURVEYOR, P.C. 9225 GRANBY STREET NORFOLK, VIRGINIA 23503 DRAWN BY: W L 757-480-1230 PROJECT NO. 13-651 912/91 (68) PROPOSED SITE PLAN T�t�IA•BFa��! �I��, JANICE M. COFFMAN Agenda Item 5 Page 5 Op OUR N:.•.10..�i BAYSI DE D -b I to Scale RT5' ' Zoning with ConditiomiPro/lers, Open space Promotion or PDH -2 Overlays J Qlllt;C 1�'1• l.. V11111QI1 y1 •¢•t �/ C,01 G,1 o C ` mss• 4 RNpfjoNA✓E cjk CUP for Child Daycare ZONING HISTORY There have been no recent zoning change, use permit, or subdivision variance requests in this area. JANICE M. COFFMAN Agenda Item 5 Page 6 ■ SITE PHOTOS JANICE M. COFFMAN Agenda Item 5 Page 7 APPLICANT DISCLOSURE p the applicant is a corporation, psfVw*NP, firm, business, Of other unhoorporaled orwwftn' complete the folowi►w' 1. Usi the appy name followed by the names of all oflkcers. members. trustees. partners, etc. below. (Attach list It nOWSSWY) 2. List all bWnesses that have a par.su x"ary' or of *MW badness entityx raW ionship with the &Meant (Attach list 1 neveseerY) here M the apolcant is NOT a oorporation, parinersNp. firm, bushes, or Other ur*wcorpora(ed organization. PROPERTY OWNER DISCLOSURE Complete? Vis section only KproleY oww is dA►WOW from app t. ff the property owner Is a corporation. Pa*WMNP, firm. bualnm. or other unincorporated organization. complete the f)powing: 1. List the property owner none followed by the names of an offters, members. ruses, partners. etc. below: (Attach A0 0 neoesmWO 2. Lie al buskW05�ee that have a PWN rV' or affi'* d b+ainess entity= relationship with the applicant: (Attw* AW 9 neaasaerY) Check herr if the property owner Is NOT a corporadw. Pe+b*rahip, firm. business, or other unincorporated orgoftation• It s See nee p4gv nor rooa+oas Does an omclai oryee of City of Virginia Beach have an interest in the sub0d land? Yesu No if yes. what is the name of the official or employee and the nature 0( their interest? DISCLOSURE STATEMENT JANICE M. COFFMAN Agenda Item 5 Page 8 ADDITIONAL 0115CLOSMUS U!!9 at known oontredcrs or bushe$aes fwt haus or wig PfOVWO MOMS wilh r0sPad to the squealed proputy use. iindudfg but riot llmft►ad to the prowrtrs of architevulral nervi moble swOws. financial servioes, SKI eervloes, and legal aerviow, Wtmh Nwt if nec eswry) & • gzk ' 13arent-wbsi Wwy retatia(tr°+p' rr3eens `a mW10hoW that e>ii$t$ wtAn oorporago€t directly or idly owns BhBrgs passasssrg - +tar+ 50 pennent of tlwts VO4+tg p awsr,Df snoltw oM-m rswn ' See Sista and Lciuel fi�wernmerA CoMIW I: gat Inlerea# Art, Va. Code: 6 2.2-3101, ' "Arfflertsd busirie0s entity mWWnshlp' means `a ralationehip, offer Ow parrmt- aubetdlery relj orkship, that eAisis when (4) one busWwss entry hm a controlling awnarshfp &0reet In Ow o0wr bohm errtey, (0) a contrnling ovMW in oto entity 14 21100 o ( reline owner in the o w entity, of (Iii)1110 a is sham gaTeN or orxnW between ft buelnesa entities. Fad #tet should be comWerwd in doienn>rri►g fire sxdslence cd an aN aged bu*tm +qty rakatioraNp irrAxle that the same person or a bebar d* the earn parson ow or manage the MG endits;11mm tart co wm or commingled funds or aseeta; the busipm entities share the we of the same die or ern*yam or &wwiee share ac gvlW*, n=urcros or peremnal on a rear gats; or there is c0ww0ft a ctvae wt+ork kW nelathmaMp bin Sm entities! So# Stetar prW Lound tlaven rwN Corftl Of 1040ssls A cA, Ve. Code 2.2.3101. 17FICATIOW t ow* itvst OW irAWMAk" 0~ 08d hWQ1n Is VW anc eavuraW, I urtdersWd #wt, upon reoelpt of WtHicatlon (pia is d) the the ftohas bees adwdulad far pubac heertrp. I am mgporraible for objMng" Sm required don on Me tubjed po party alt legit 90 ogo prion rp to sdmdded putyic h9winq girding to" irn8&uctiane in M'iia package. The und&M%ped SUO QqMents to y upon the SUW tiny by ampkyMes of the Deperbrofflu Of ptal H g to pt*jogroph ori view the elle W puPaRaP of pmessaftV and Mkmting tNt. irppkwliitln. s ftratwv 4 & Print Name Frop wrry Omwes Wahie (if o1werri uwn applimnit) Pant Name DISCLOSURE STATEMENT JANICE M. COFFMAN Agenda Item 5 Page 9 Item #5 Janice M. Coffman Conditional Use Permit 585 Lavender Lane District 4 Bayside October 9, 2013 CONSENT An application of Janice M. Coffman for Conditional Use Permit (Family [Child] Daycare Home) on property located at 585 Lavender Lane, District 4, Bayside. GPIN: 14770826500000. CONDITIONS The maximum number of children to be cared for shall be determined by the Department of Social Services but shall not exceed twelve (12). Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion on Lavender Lane is avoided. 5. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 6. In the event that the applicant replaces the existing fencing, the chain-link fencing and gate shall be replaced with a wood or maintenance -free fence no higher than four (4) feet in height. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. A motion was made by Dave Redmond and seconded by Chris Felton to approved item 5. AYE 10 NAY 0 ABS 0 ABSENT 1 Item #5 Janice M. Coffman Page 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 5 by consent. Janice Coffman, the applicant appeared before the Commission. ABSENT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RESCUE AUTOMOTIVE (Applicant) / SOUTHERN STAR COMMONS, LLC (Owner), Conditional Use Permit (motor vehicle repair garage). 294 N. Witchduck Road, Unit B. (GPIN 1467856427). BAYSIDE DISTRICT. MEETING DATE: November 12, 2013 ■ Background: The applicant requests a Conditional Use Permit to allow an automotive repair garage specializing in custom motorcycles. The site is zoned B-2 Community Business and is located on the east side of N. Witchduck Road, approximately 200 feet south of its intersection with Virginia Beach Boulevard. Capital Improvement Program 2-025 (N. Witchduck Road — Phase II) will impact the subject site, which will be acquired in its entirety. The applicant and property owner are aware of this CIP project. The applicant is currently seeking another site for their business, but desires to conduct business at the subject site until the property owner has completed the transaction by the City to purchase the subject site. ■ Considerations: It is the intent of the applicant to use the front of the leased space as office and showroom for their work. The warehouse space in the rear of the space will be used for repair work on the motorcycles, which includes welding and cutting for exhaust pipes as well as the replacement of parts. While automobile repair garages are not consistent with the long term vision for the Pembroke SGA, they are acceptable as an interim use given the current land uses in this area. Moreover, with the impending N. Witchduck Road — Phase II CIP Project, the existing uses of the subject site are short-term (estimated construction start is October 2014). There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. This Conditional Use Permit is granted for a period of five (5) years from the date of City Council approval; however, the Use Permit may be extended on Rescue Automotive, Inc. D/B/A I Am Custom Page 2of2 an annual basis if the Zoning Administrator and Director of Planning find that the then -current development trend in the area of the Pembroke Strategic Growth Area (SGA) immediately surrounding the site is not indicative of imminent redevelopment consistent with the recommendations of the Pembroke Strategic Growth Area (SGA) 4 Implementation Plan. 2. All repair work shall be conducted within the building. 3. There shall be no outside storage of parts or equipment on the site. 4. There shall be no outside storage of vehicles that are wrecked or in a state of obvious disrepair. If vehicles in this condition require storage, such vehicles shall be stored within the building. ■ 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- SAYSIDe Rescue Automotive, Inc Mao D-7 B2 _ 82 — w B2 ;. R75 62--2 B2 �+cy -82 r 42 4 B3 —82 i n _ - 92 79 F1 CUP • IW AUtOnWHI! K"W U&MO REQUEST: Conditional Use Permit (Automobile Repair Garage) ADDRESS / DESCRIPTION: 294 N. Witchduck Road GPIN: ELECTION DISTRICT: 14678564270000 BAYSIDE 4 October 9, 2013 Public Hearing APPLICANT: RESCUE AUTOMOTIVE, INC. D/B/A I AM CUSTOM PROPERTY OWNER: SOUTHERN STAR COMMONS, LLC STAFF PLANNER: Karen Prochilo SITE SIZE: AICUZ: 30,935 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow an automotive repair shop specializing in custom motorcycles. It is the intent of the applicant to use the front of the leased space as office and showroom for their work. The warehouse space in the rear of the space will be used for repair work on the motorcycles, which includes welding and cutting for exhaust pipes as well as the replacement of parts. At some point in the future, the applicant also desires to install a paint booth in the rear warehouse space. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Strip commercial center SURROUNDING LAND North: . Motor vehicle sales / B-2 Community Business District USE AND ZONING: South: • Office / B-2 Community Business District RESCUE AUTOMOTIVE, INC. D/B/A/ I AM CUSTOM Agenda Item 4 Page 1 East: . Jersey Avenue • Motor vehicle sales & service / B-2 Community Business District West: . N. Witchduck Road • Undeveloped vacant site / B-2 Community Business District NATURAL RESOURCE AND Most of the site is impervious, covered with building and parking CULTURAL FEATURES: areas. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as the Western Campus District of the Pembroke Strategic Growth Area 4 (SGA -4). The Pembroke SGA 4 Plan recommends that the Western Campus District be a park -like academic and recreational setting showcasing a pedestrian -friendly district that will develop as a 'School -to -Job' training area, as well as a an area with a mix of uses to complement and support the activity of the area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): N. Witchduck Road is a four -lane divided minor urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 -foot wide right-of-way. Currently, this segment of roadway is functioning over -capacity at a LOS F. Jersey Avenue is a two-lane undivided local street. It is not included in the Master Transportation Plan. There is a Roadway Capital Improvement Program project for N. Witchduck Road (Phase II - CIP 2- 025). This project will provide a six -lane divided roadway on a 131 -foot wide right-of-way from 1-264 to Virginia Beach Boulevard. The project will include improvements and modifications to Cleveland Street, Mac Street, Pennsylvania Avenue, Southern Boulevard, Admiral Wright Road, and Denn Lane. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 14,800 ADT (max. Level of Service "C") Existing: 96 ADT 2 22,800 ADT (max. Level of N. Witchduck Road 52,297 ADT Service "D") / capacity Proposed: 100 ADT 3 27,400 ADT (max. Level of Service "E") Jersey Avenue No traffic counts N/A available Average Daily Trips las defined by 2,175 SF general retail Sas defined by 2,175 SF motor vehicle repair RESCUE AUTOMOTIVE, INC. D/B/A/ I AM CUSTOM Agenda Item 4 Page 2 Additional Comments: The subject parcel is shown as a 'total acquisition' on the plans for the Witchduck Road project (CIP 2-025). Pursuant to Virginia Code Section 15.2-1901, the City cannot deny the Conditional Use Permit request based on that fact, but the applicant and the property owner have been notified of the approved transportation plans which will affect this property. WATER: This site is already connected to City water. There are several water meters within the property that can be used or upgraded to accommodate the proposal. There is an 8 -inch City water main in North Witchduck Road. SEWER: This site is already connected to City sewer. Sewer and pump station analysis for Pump Station #357 is required to determine if future flows can be accommodated. There is an 8 -inch City gravity sanitary sewer main in Jersey Avenue. FIRE: No comments at this time. EVALUATION AND RECOMMENDATION Although automobile repair garages are inconsistent with the long term vision for the Pembroke SGA, they are acceptable as an interim use given the current land uses in this area. Since there is no new development or redevelopment proposed with this application, opportunities are limited to retrofit the site to meet the provisions of the Comprehensive Plan's 'Special Area Development Guidelines for Urban Areas.' Consistent with those guidelines, however, the site is already configured with the building fronting Witchduck Road and the majority of parking located behind the building. The applicant and property owner are aware of the Witchduck Road Capital Improvement Program project. The applicant is currently seeking another site for their business, but intends to work at this site until the property owner has completed the transaction by the City to purchase the subject site. Staff recommends approval of this request with the conditions below. CONDITIONS This Conditional Use Permit is granted for a period of five (5) years from the date of City Council approval; however, the Use Permit may be extended on an annual basis if the Zoning Administrator and Director of Planning find that the then -current development trend in the area of the Pembroke Strategic Growth Area (SGA) immediately surrounding the site is not indicative of imminent redevelopment consistent with the recommendations of the Pembroke Strategic Growth Area (SGA) 4 Implementation Plan. 2. All repair work shall be conducted within the building. 3. There shall be no outside storage of parts or equipment on the site. RESCUE AUTOMOTIVE, INC. D/B/A/ I AM CUSTOM Agenda Item 4 Page 3 4. There shall be no outside storage of vehicles that are wrecked or in a state of obvious disrepair. If vehicles in this condition require storage, such vehicles shall be stored within the building. 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. RESCUE AUTOMOTIVE, INC. D/B/A/ I AM CUSTOM Agenda Item 4 Page 4 f F 171 cc ■ YN 6 r PROPOSED SITE PLAN RESCUE AUTOMOTIVE, INC. D/B/A/ I AM CUSTOM Agenda Item 4 Page 6 BAYSI DE D-7 t to ie hgorN' '9 eFgcet 62 y 1`f�U B2 " I 11 V® 'Zoning with ConditionsiProffers. Open Space Promotion or PDH -2 Owlays 2 CLEVELAND sr .' Rescue Automotive, In -% I CUP - for AufomoDfte Kepair uar. ZONING HISTORY # DATE REQUEST ACTION 1 03/04/95 Conditional Use Permit Motor Vehicle Sales and Service Approved 2 11/26/02 Street Closure Approved 09/28/99 Conditional Use Permit (Motor Vehicle Sales and Service) Approved 06/14/94 Conditional Use Permit (Motor Vehicle Sales) Approved 04/16/92 Conditional Use Permit (Motor Vehicle Repair) Approved 09/18/89 Conditional Use Permit (Motor Vehicle Sales) Approved 12/12/83 Conditional Use Permit (Motor Vehicle Repair — Paint Shop) Approved 10/13/80 Conditional Use Permit (Carwash) Approved 09/13/65 Street Closure Approved 08/10/64 Conditional Use Permit Motor Vehicle Sales Approved 3 06/9/92 Conditional Use Permit Motor Vehicle Sales Approved 4 Not available Street Closure Withdrawn 06/23/09 Street Closure Approved 12/2/08 Conditional Use Permit (Motor Vehicle Sales and Service) Approved 05/23/06 Street Closure Approved 5 12/05/06 Conditional Use Permit School 6 07/13/12 Conditional Use Permit (Motor Vehicle Sales) Approved 02/01/00 Conditional Use Permit Motor Vehicle Repair Approved RESCUE AUTOMOTIVE, INC. D/B/A/ I AM CUSTOM Agenda Item 4 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) V -C'4 -L f. PV, k„111OLue.- n C_ c� Ct c'sA m k 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 0J� k S ,� �2 - 5 - o�+� - 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official orrr yee ofthe City of Virginia Beach have an interest in the subject land? Yes No IZ Ifyes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT RESCUE AUTOMOTIVE, INC. D/B/A/ I AM CUSTOM Agenda Item 4 Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also conse to entry upon the subject property by employees of the Department of Plannog to photograph/and view the site for purposes of processing and evaluating this application. 6V_ Aft S Properfy Owner's Signature (if different than appi r2 -L m /A/f9 tom- if Print Name Print Name DISCLOSURE STATEMENT RESCUE AUTOMOTIVE, INC. D/B/A/ I AM CUSTOM Agenda Item 4 Page 9 Item #4 Rescue Automotive, Inc. Conditional Use Permit 294 N. Witchduck Road District 4 Bayside October 9, 2013 CONSENT An application of Rescue Automotive, Inc. for a Conditional Use Permit (Automobile Repair Garage) on property located at 294 N. Witchduck Road, District 4, Bayside. GPIN: 14678564270000. CONDITIONS 1. This Conditional Use Permit is granted for a period of five (5) years from the date of City Council approval; however, the Use Permit may be extended on an annual basis if the Zoning Administrator and Director of Planning find that the then -current development trend in the area of the Pembroke Strategic Growth Area (SGA) immediately surrounding the site is not indicative of imminent redevelopment consistent with the recommendations of the Pembroke Strategic Growth Area (SGA) 4 Implementation Plan. 2. All repair work shall be conducted within the building. 3. There shall be no outside storage of parts or equipment on the site. 4. There shall be no outside storage of vehicles that are wrecked or in a state of obvious disrepair. If vehicles in this condition require storage, such vehicles shall be stored within the building. A motion was made by Dave Redmond and seconded by Chris Felton to approve item 4. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI AYE NAY 0 ABS 0 ABSENT 1 ABSENT Item #4 Rescue Automotive, Inc. Page 2 RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 4 by consent. Beth Laborte, the applicant appeared before the Commission. o X 1tiJU 08N8 rr gU OtA�yh CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH CITY PUBLIC SCHOOLS (Applicant & Owner), Change of Zoning, B-2 Community Business to A-36 Apartment. BAYSIDE DISTRICT. MEETING DATE: November 12, 2013 ■ Background: The site is currently zoned B-2 Community Business District. The applicant is requesting a Change of Zoning to A-36 Apartment District for the purpose of developing the site with a new school building. The site is currently occupied by a school building, constructed in 1965. The building was originally occupied by Old Donation Elementary School. The building is now occupied by Old Donation Center (ODC), which was established by the School Board during the 1980s as an elementary school level program for academically -gifted students. The building, constructed nearly a half -century ago, is obsolete with regard to modern educational needs and many of the building's structural components have exceeded their 'life expectancy.' The School Board, therefore, has determined that the building is in need of replacement. For the past several years, the Public Schools' staff and the School Board have been discussing a number of alternatives for addressing the functional and structural obsolescence of the two schools. The selected alternative, which is included in the School Board's FY2013-18 Capital Improvement Program (CIP) as well as the City's CIP (# 1233000), consists of the consolidation of the ODC and KLMS programs into one building. The location selected for the consolidated school is the subject site. The Public Schools' staff and the design team for the school conducted a series of meetings with the surrounding community and the public as the design of the building and site advanced (information regarding that process is attached). The development schedule presented in the CIP proposes the commencement of construction in the summer of 2014 with an anticipated completion date of 2017, in time for the 2017-18 academic year. To meet that schedule, it is the intention of the applicant to submit plans to the Development Services Center for review simultaneous to action on this request for the Change of Zoning. ■ Considerations: To redevelop the site as proposed, the zoning of the site must be changed, as the current Zoning Ordinance does not specifically allow schools in the B-2 Community Business District. Discussion among staff of the Planning Department, City Attorney's Office, and Virginia Beach Public Schools resulted in Virginia Beach Public Schools Page 2of3 a conclusion that the most appropriate zoning district for this situation is A-36 Apartment. The A-36 Apartment District permits public schools; moreover, the dimensional regulations of the district are the most suited to the project than any other zoning district. Additionally, a zoning of A-36 Apartment provides the best zoning and land use compatibility with the A-18 and A-24 zoning to the south, as well as a greater degree of compatibility with the neighborhood to the west (zoned R-7.5 Residential) than any of the permitted uses under the existing zoning. The proposed zoning will ensure that in the unlikely event the School Board were to convey the property to the private sector, the site would have the proper zoning to ensure a compatible land use. Thus, this change of zoning, by protecting the adjacent residential uses from the possibility of future incompatible use, furthers one of the Comprehensive Plan's general planning principles for the Suburban Area to preserve and protect the overall character of the stable neighborhoods of the Suburban Area. Another key guiding principle of the Comprehensive Plan for the Suburban Area pertains to the preservation and enhancement of the aesthetic quality of existing and new places and structures within the Suburban Area. The specific features of the proposed site and building plans, provided in the attached staff report, as well as in an attached package of supplemental information provided by the applicant since the Planning Commission Hearing, demonstrate a high level of aesthetic quality as well as consideration for academic needs, recreational needs, transportation access and circulation, and compatibility with the surrounding area. Moreover, the applicant's desire to develop a building that meets LEED standards indicate a commitment to have a minimal impact on the overall environment of the surrounding area while also being sustainable into the future. The site and building plans demonstrate a level of quality that is an enhancement to the immediate area and provides measures to ensure compatibility with the surrounding area. This, as well as the fact that the A-36 Apartment District provides greater protection to the adjacent residential area than the current B-2 Business District, supports the applicant's request for a Change of Zoning to A- 36 Apartment District. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Supplemental Information from Applicant Minutes of Planning Commission Hearing Location Map Virginia Beach Public Schools Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 14 Z�V-e�, RAYSIoe 1 October 9, 2013 Public Hearing APPLICANT & PROPERTY OWNER: VIRGINIA BEACH REQUEST: Change of Zoning (B-2 Business to A-36 Apartment) ADDRESS / DESCRIPTION: 1008 Ferry Plantation Road GPIN: 14784437960000 Background PUBLIC SCHOOLS STAFF PLANNER: Stephen J. White ELECTION DISTRICT: SITE SIZE: AICUZ: BAYSIDE 13.2 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The site is currently zoned B-2 Community Business District. The applicant is requesting a Change of Zoning to A-36 Apartment District for the purpose of developing the site with a new school building. The site is currently occupied by a school building, constructed in 1965. The building was originally occupied by Old Donation Elementary School. The building is now occupied by Old Donation Center (ODC), which was established by the School Board during the 1980s as an elementary school level program for academically -gifted students. The building, constructed nearly a half -century ago, is obsolescent with regard to modern educational needs and many of the building's structural components have exceeded their'life expectancy.' The School Board, therefore, has determined that the building is in need of replacement. A second school building, located on a different site approximately a mile to the south, is related to this request. Kemps Landing Magnet School (KLMS), located on Jericho Road, was constructed in 1957 and opened in 1958 as Aragona Elementary School. The building is now occupied by KLMS, which was established by the School Board during the 1990s as a middle school level program for academically - gifted students. Like ODC, the building, constructed over a half -century ago, is obsolescent with regard to modern educational needs and many of the building's structural components have exceeded their life expectancy.' The School Board, therefore, has determined that the building is in need of replacement. For the past several years, the Public Schools' staff and the School Board have been discussing a number of alternatives for addressing the functional and structural obsolescence of the two schools. The VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 1 Virginia Beach Public Schools 92 2 R7.5 Y�I. las O2 82 R7 , R10 7.5� t oz A18 Conditional Zoning Change hom B -Y to Conditional A-36 1 October 9, 2013 Public Hearing APPLICANT & PROPERTY OWNER: VIRGINIA BEACH REQUEST: Change of Zoning (B-2 Business to A-36 Apartment) ADDRESS / DESCRIPTION: 1008 Ferry Plantation Road GPIN: 14784437960000 Background PUBLIC SCHOOLS STAFF PLANNER: Stephen J. White ELECTION DISTRICT: SITE SIZE: AICUZ: BAYSIDE 13.2 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The site is currently zoned B-2 Community Business District. The applicant is requesting a Change of Zoning to A-36 Apartment District for the purpose of developing the site with a new school building. The site is currently occupied by a school building, constructed in 1965. The building was originally occupied by Old Donation Elementary School. The building is now occupied by Old Donation Center (ODC), which was established by the School Board during the 1980s as an elementary school level program for academically -gifted students. The building, constructed nearly a half -century ago, is obsolescent with regard to modern educational needs and many of the building's structural components have exceeded their'life expectancy.' The School Board, therefore, has determined that the building is in need of replacement. A second school building, located on a different site approximately a mile to the south, is related to this request. Kemps Landing Magnet School (KLMS), located on Jericho Road, was constructed in 1957 and opened in 1958 as Aragona Elementary School. The building is now occupied by KLMS, which was established by the School Board during the 1990s as a middle school level program for academically - gifted students. Like ODC, the building, constructed over a half -century ago, is obsolescent with regard to modern educational needs and many of the building's structural components have exceeded their life expectancy.' The School Board, therefore, has determined that the building is in need of replacement. For the past several years, the Public Schools' staff and the School Board have been discussing a number of alternatives for addressing the functional and structural obsolescence of the two schools. The VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 1 selected alternative, which is included in the School Board's FY2013-18 Capital Improvement Program (CIP) as well as the City's CIP (# 1233000), consists of the consolidation of the ODC and KLMS programs into one building. The location selected for the consolidated school is the subject site. The development schedule presented in the CIP proposes the commencement of construction in the summer of 2014 with an anticipated completion date of 2017, in time for the 2017-18 academic year. To meet that schedule, it is the intention of the applicant to submit plans to the Development Services Center for review simultaneous to action on this request for the Change of Zoning. When Old Donation Elementary School was constructed in 1965, the southern portion of the site was zoned RS -3 Residence Suburban and the northern portion was zoned CL -3 Limited Commercial. In 1973, the City Council adopted the "Comprehensive Zoning Ordinance," which created a single set of zoning regulations, rather than the two (Princess Anne County and Town of Virginia Beach) that had been used since the merger of the county and town in 1963. The adoption of the new regulations was accompanied by changes to the Zoning Maps to ensure zoning districts were also consistent throughout the city. During that process of adopting the new Zoning Ordinance and Zoning Maps, the zoning of the subject site was changed such that the entire site was zoned B-2. The new Comprehensive Zoning Ordinance classified any public use under the single category of "Public Buildings and Grounds." The current City Zoning Ordinance still has that category in most of the zoning districts; however, over time, certain public uses have been specifically identified as being a principal or conditional use. Public schools are specifically identified in most districts, but is not identified as being allowed as a principal or conditional use in the B-2 District. To redevelop the site as proposed, the zoning of the site must be changed, as the current Zoning Ordinance does not specifically allow schools in the B-2 Community Business District. City and Schools staff determined, for reasons explained in the Evaluation section of this report, that the A-36 Apartment District is the most appropriate zoning district for this situation. Details of Proposal The proposed site plan is dominated by the school building, which has a building 'footprint' of 122,470 square feet (SF), which is well within the maximum allowable lot coverage for the A-36 District. The total floor area of the building is 225,870 SF, which is also well below the maximum allowable floor area ratio in the A-36 District for structures other than residential dwellings. The proposed school building will be two-story to three-story LEED (Leadership in Energy and Environmental Design) certified building. The building will be three -stories in height closest to Honeygrove Road (42 feet). The average height will be 29 feet with the highest point at the core of the building being 50 feet. It will house 1,300 students in addition to faculty and staff members. The building features a central core of common facilities (gym, cafeteria, auditorium, etc.) and then two wings. The southern wing will house the elementary school level grades and the northern wing will house the middle school level grades. A parking area for faculty, staff, and visitors is located at the corner of Honeygrove Road and Independence Boulevard. Bus parking is located along the southern property line in approximately the same location as it is currently. Similarly, the service court / dumpster area is located adjacent to the bus parking area, which is in the same general area as the current service area. Interspersed on the site in various locations are a greenhouse, vegetable gardens, playgrounds, outdoor classrooms, a courtyard, and hard -surface play areas. Located along the periphery of the site, with connections to the interior of the site and the building, is a trail system that will include 'learning stations' in selected locations along the trail. The site will be enclosed by a fence, consisting of a six-foot high, black ornamental fence along Independence Boulevard, and then rounding the corner to run along Honeygrove Road, where the height of the fence will drop to four -feet. The four -foot high fence continues along the Ferry Plantation Road frontage. The fence along the southern lot line will be a six-foot high chain-link fence, which is what currently exists in that location. New trees, shrubs, and other plants will be installed throughout the site as part of the landscape and stormwater management plans for the project. VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 2 Vehicular access to the site is at three locations: (1) the main parking lot access, located on Honeygrove Road opposite the existing access point for the shopping center; (2) the main access for student drop-off and pick-up, located on Honeygrove Road opposite the existing access point for the office building; and (3) the bus access, located on Ferry Plantation Road at approximately the same location as the existing bus access point. The main access to the building, and thus, its `front,' is oriented to the intersection of Honeygrove Road and Independence Boulevard. The overall orientation of the site, therefore, is opposite of its current orientation, which will reduce the impact on the neighborhood to the west since the current orientation places the majority of the activity on Ferry Plantation Road. The orientation of the existing building on Ferry Plantation Road is a result of the fact that when the school was constructed in 1965, neither Honeygrove Road nor Independence Boulevard existed. With those roads now part of the city's roadway system, the school's primary activity can be directed away from the residential area. The side of the site closest to the residential area will now be devoted to a softball and multi-purpose field, neither of which will be lit or intended for use at night. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: School building, parking, and recreational fields SURROUNDING LAND North: 0 Honeygrove Road USE AND ZONING: . Shopping center, office, self -storage, commercial childcare / B- 2 Community Business District South: . Multi -family dwellings / A-18 and A-24 Apartment Districts East: . Independence Boulevard • Banks, fast-food restaurant / B-2 Community Business District Public library and Police Department precinct station / R-10 Residential District West: . Ferry Plantation Road • Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND The site has no significant natural resource features. It is vegetated CULTURAL FEATURES: with native grasses and weeds, and there are groups of trees at the front of the school building. COMPREHENSIVE PLAN: The subject site is within the Suburban Area. The Comprehensive Plan characterizes the Suburban Area as the portion of the city that consists of predominately low-density residential subdivisions, with a mix of large tracts of land devoted to single-family dwelling units as well as attached and multi -family units. Low -intensity retail shopping centers, office complexes, and industrial parks are located within various commercial/employment centers or strips. Movement of individuals, goods, and services through the area depends heavily on the use of the automobile, and the transportation system is primarily designed to accommodate the automobile. The Suburban Area also offers opportunities for recreation, consisting of parkland and natural open spaces on tracts of varied sizes interspersed throughout the area. Since the predominant land use within the Suburban Area is residential, the general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods of this area. Based on these principles, the Plan provides policies and recommendations for land use, design, transportation, housing, and sustainability that ensure stable residential areas are preserved, while, at the same time, enhancing the quality of the Suburban Area's commercial, employment, and recreational areas. The Evaluation section of this report VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 3 discusses the consistency of the applicant's request with these policies and recommendations. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CID: Ferry Plantation Road: Two-lane, undivided, local street. It is not included in the MTP. Currently, this segment of roadway is functioning under capacity at a Level of Service (LOS) C or better. Honeygrove Road: Two-lane, undivided, local street. It is not included in the MTP. S. Independence Boulevard: Six -lane, divided, major urban arterial. The MTP proposes an eight - lane facility within a 155 -foot wide right-of-way. Currently, this segment of roadway is functioning over -capacity at a LOS E. There are no Roadway CIP Projects within this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 26,300 ADT (max. Level of Existing: 1,677 ADT 2 Service "C") Independence 44,511 ADT' 42,100 ADT (max. Level of "D") Proposed: 1,677 ADT 3 Boulevard Service / capacity 48,200 ADT (max. Level of Service "E" 585 AM Peak Hour Vehicles (total) 6,200 ADT (max. Level of Service "C") 364 PM Peak Hour Vehicles Ferry Plantation Road 4,954 ADT 9,900 ADT (max. Level of "D") (total) during mid-afternoon Service / Capacity school dismissal 11,100 ADT (max. Level of OR Service "E") 195 PM Peak Hour Vehicles (total) during typical PM peak There are no traffic Honeygrove Road counts available for N/A hour (4:00 — 6:00) this roadway section Average Daily Trips 2 as defined by school with 500 students Sas defined by school with 1,300 students Additional Comments: A traffic study pertaining to this proposed redevelopment is currently being conducted by Kimley-Horn and Associates. There may be a need for right-of-way improvements based on the outcome of the study. The applicant is aware of that possibility and is prepared to address those needs as the project moves through development site plan review. WATER: The site is already connected to the public water system. The existing 2 -inch meter (City ID 95013612) may be used or upgraded to accommodate the proposed development. SEWER: the site is already connected to the public sanitary sewer system. Pump Station #345, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of the pump station and the sanitary sewer collection system is required to ensure future flows can be accommodated. VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 4 EVALUATION AND RECOMMENDATION The applicant is requesting a Change of Zoning of the subject site from B-2 Community Business District to A- 36 Apartment District for the purpose of demolishing the existing school building and constructing a new school building. The replacement of the existing school is currently problematic, as the current zoning of the site does not specifically permit public schools. The existing zoning of the site was established in 1973 when the Comprehensive Zoning Ordinance and its associated new Zoning Map were adopted. Prior to that change, the school building on the site was split by commercial and single-family residential zoning. The decision to use the commercial zoning rather than the single-family residential zoning was determined to be appropriate based on the non-residential land uses and zoning of the other corners of the intersection of Independence Boulevard and Honeygrove Road. While the existing zoning of the site has not been an issue during the past, as there has been little change with regard to the current use, the proposal to consolidate ODC and KLMS within a new building necessitates a change to a more appropriate zoning district. Discussion among staff of the Planning Department, City Attorney's Office, and Virginia Beach Public Schools resulted in a conclusion that the most appropriate zoning district for this situation is A-36 Apartment. The A-36 Apartment District permits public schools; moreover, the dimensional regulations of the district are the most suited to the project than any other zoning district. Additionally, a zoning of A-36 Apartment provides the best land use compatibility with the A-18 and A-24 zoning to the south, as well as a greater degree of compatibility with the neighborhood to the west (zoned R- 7.5 Residential) than any of the permitted uses under the existing zoning. The proposed zoning will ensure that in the unlikely event the School Board were to convey the property to the private sector, the site would have the proper zoning to ensure a compatible land use. Thus, this change of zoning, by protecting the adjacent residential uses from the possibility of future incompatible use, furthers one of the Comprehensive Plan's general planning principles for the Suburban Area to preserve and protect the overall character of the stable neighborhoods of the Suburban Area. Another key guiding principle of the Comprehensive Plan for the Suburban Area pertains to the preservation and enhancement of the aesthetic quality of existing and new places and structures within the Suburban Area. The specific features of the proposed site and building plans, provided at the beginning of this report, as well as the plans presented on the pages below demonstrate a high level of aesthetic quality as well as consideration for academic needs, recreational needs, transportation access and circulation, and compatibility with the surrounding area. Moreover, the applicant's desire to develop a building that meets LEED standards indicate a commitment to have a minimal impact on the overall environment of the surrounding area while also being sustainable into the future. Staff concludes that, consistent with the recommendations and planning policies of the Comprehensive Plan for the Suburban Area, the site and building plans described above demonstrate a level of quality that is an enhancement to the immediate area and that provides measures to ensure compatibility with the surrounding area. Based on this conclusion, as well as staff's finding that the proposed use of the A-36 Apartment District provides greater protection to the adjacent residential area than the current B-2 zoning, staff recommends approval of this request for a Change of Zoning from B-2 Community Business District to A-36 Apartment District. VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 5 Fl�'-- 'I'llp" 02MA31n08 30N3aN3d3aNl oe o 0 � I Oil ��t �=-_ I jig rlI FERRY PLANTATION ROADLj _T I I I M 9 s 4 0 ry N N N N J 4.L LW I - Z W U z O a z O 0 o 0 W J � u O o U Ln 0 W g Z — ILD G 2iu w Q) s z�g Q cn W CL a z g W E5 o � � a Oz LL 0 sZ Z�mf d W a x r zW U u o = V m V � a F Q— z �W�f ry ac EXISTING SITE CONDITIONS VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 7 Y Loi s R SITE PLAN VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 8 W V 4Z C H Z W Z_ Q U. O RENDERING OF MAIN ENTRANCE (NORTH SIDE) VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 9 RENDERING OF BUILDING FROM SOUTHWEST (FERRY PLANTATION ROAD) VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 10 w 0 Z Z 0 B PERSPECTIVE DRAWING FROM NORTH (HONEYGROVE & INDEPENDENCE INTERSECTION) VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 11 I® f PERSPECTIVE DRAWING FROM SOUTH VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 12 9� FIRST FLOOR PLAN VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 3 Page 13 3 SECOND FLOOR PLAN VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 14 THIRD FLOOR PLAN VIRGINIA BEACH PUBLIC SCHOOLS Illi Agenda Item 1 Page 15, II ZONING HISTORY # DATE REQUEST ACTION 1 11/24/2009 11/28/2006 Conditional Use Permit (Recreational Facility) Conditional Use Permit Fuel Sales Approved Approved 2 07/11/2006 09/27/2005 Conditional Use Permit [Modification] (Communications Tower) Conditional Use Permit [Modification] (Recreation Facility) Approved Approved 3 10/28/2003 Street Closure Approved 4 05/08/2012 Conditional Rezoning (A-12 Apartment to 0-2 Office) Approved VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 16 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Anthony Arnold, representing the School Board / Virginia Beach Public Schools (see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ✓❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑✓ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes 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? DISCLOSURE STATEMENT VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 17 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) W PL Kimley-Horn & Associates RRMM Architects ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigppd also chnsents to entry upon the subject property by employees of the Department of Plannin photo p a d view the site for purposes of processing and evaluating this application. 14q 4ta-aw L, A2�j.-a> Appl nt's gna re Print Name Property er's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT VIRGINIA BEACH PUBLIC SCHOOLS AgendaItem 1 Page 18 Mrs. Beverly M. Anderson At -Large School Board Mr. William J. "Bill" Brunke,IV Vice Chairman District 7 - Princess Anne Ms. Dorothy M. "Dottie" Holtz At -Large Mr. Sam Reid District 6 - Beach Mrs. Emma L. "Em" Davis District 5 - Lynnhaven Mr. Joel A. McDonald District 3 - Rose Hall Mrs. Elizabeth E. Taylor At -Large Mr. Daniel D. "Dan" Edwards Chairman District 2 - Kempsville Mr. Bobby Melatti At -Large Mr. Leonard C. Tengco District 1 — Centerville Mrs. Carolyn D. Weems District 4 - Bayside DISCLOSURE STATEMENT VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 1 Page 19 0 RRMM AROHITUOYS John 11 Nladdux,Jr October 22, 2013 Benjamin S Moticl 6lathac I I Astrin REZONING APPLICATION SUPPLEMENTAL INFORMATION Kevin T hall RE: Aubert S Berz Donna A I'lliou Mr. Anthony Arnold, Director Joseph Carch r Facilities Planning and Construction Jaime G Garcia Ieffreyv A I lams Virginia Beach City Public Schools 111arvcr Duane "' ""ver Dan II Ilickok,Jr School Administration Annex Dinna I• Magno Building 16 Kevin N1 Seymour Michael 1. Smith Virginia Beach, Virginia 23456 1.60 A Barker Randell F Hrauncr (Iristopher T Gosscrt REZONING APPLICATION SUPPLEMENTAL INFORMATION l l Joscph Hoffman, ry RE: David Rjoncsjr OLD DONATION CENTER / KEMPs LANDING MAGNET SCHOOL Phillip R Meadows Lori A Sherwood I arry R Simem nr Jason FStumiolo Jason C Wilson Dear Mr. Arnold: Craig S Yarborough As part of the above project's rezoning process, we are providing additional information to illustrate how the new school project is improving the existing site and how the community has been included in the project development. Our design process included thirteen large group stakeholder planning and information sessions. Of these sessions, four were 2 -hour + site design sessions and two more were community information sessions. The Aragona Civic League president and the owners of the two apartment complexes to the south were invited to all six of those sessions. Site Design Work Session #1, Sept. 20, 2012, 3:30 pm Kemps Landing Magnet School Site Design Work Session #2, Oct 4, 2012, 3:30 pm Kemps Landing Magnet School Site Design Work Session #3, Oct 18, 2012, 3:30 pm Kemps Landing Magnet School Site Design Work Session #4, Nov, 8, 2012, 3:30 pm Kemps Landing Magnet School Cormnunity Information Meeting #1, April 26, 2012, 6:00 pm Bayside High School Cafeteria Community Information Meeting #2, April 11, 2013, 6:00 pm Old Donation Center Cafeteria 1317 lislst ("rn'r lioci.ev.\an, ScrrF. 2110, CIIFS.\l'I:Atai, Y'HiG1Kl.\ 23320'1': 757.622.2828 1.,: 757.622.2430 \\'\\ \\'.RRN1N1.(:U\1 0 RRMM •RCMITROTS Mr. Anthony Arnold October 22, 2013 Page 2 of 3 The Aragona Civic League President attended one of the site design workshops and relayed her concern that the project includes space for the community. The proposed project does include community amenities such as a walk path with exercise areas, a soft ball field and a large gymnasium for after-hours use. The owner of Albert Court Apartments attended one of the site design workshops and relayed his stormwater and screening concerns. Much field verification, design time and consideration has been given to his concerns. Attached narrative and illustrations show how the project exceeds the minimum City requirements for landscape screening as well as stormwater management. Please find attached, the following: Stormwater Management Narrative Site Plan - Proposed Overall Aerial View - Existing Service Area Aerial View - Existing Service Area Aerial View — Existing with Proposed Overlay Service Area Plan - Proposed Descriptive Sections Thru Proposed Service Area Views of the Proposed Building from South Side of Site Existing and Proposed Views from Albert Court Apartments The attached stormwater narrative describes how the project is designed to infiltrate the full 10 -year storm event on site while also providing infrastructure that will separate and improve the drainage system for the properties to the south. The images illustrate how all `service' type activity is screened from the public and neighbors to the south and how the proposed project improves the view of the site from the neighbors to the south. It is also worth noting that this project will contain a geothermal well field, and therefore, there will be no mechanical equipment (cooling towers or chillers) in the service area. 1317 1 I'CUT1\'1'. TIOL I.EVARD, SL1'I'P: 200, CIII[S:V,i:e%KN, ViRGINr\ 233211 T: 757.622.2828 F: 757.622.2430 I MNI.com 0 RRMM AAOHITLOTS Mr. Anthony Arnold October 22, 2013 Page 3 of 3 We hope above and attached information illustrates that process and project and have been both inclusive and responsive to all stakeholders. Please let us know what additional information we can provide. Sincerely, RRMM ARCHITECTS Robert S. Berz, Architect Prinipal Attachments: (1) stormwater narrative (11) 11x17 images CC: Duane Harver, RRMM 11177-00\ Project_Mgmt\Correspondence\Rezoning 1317 FXI' L:'nVr. 13oUi.eVAR D, St'rri: 200, CueS:kPI:AKE, VIItGIN % 23320'1': 757.622.2828 F: 757.622.2430 a'kN\N ARMIM.com G M� Kimley-Horn and Associates, Inc. ■ Suite 500 4500 Main Street Virginia Beach, Virginia Old Donation Center/Kemps Landing Magnet Replacement 23462 Stormwater Management Narrative Prepared by Kimley-Horn and Associates October 22, 2013 On -Site Stormwater Mana egLment The Old Donation Center (ODC) site will be designed to infiltrate the full 10 -year storm event across the entire site through open -bottomed underground storage. Although State and City code merely requires the site to hold back the 10 -year post -development peak flow rate below pre - developed rates, Virginia Beach City Public Schools desires to exceed the minimum requirements and provide greater stormwater management at the site. Full scale infiltration as proposed will most closely mimic the natural site characteristics and hydrology for an undeveloped site. All site stormwater will be collected with inlets throughout the site and conveyed to one of two underground storm chamber fields consisting of open -bottomed chambers. One large chamber field will be located beneath the bus parking loop and one will be located beneath the main parking lot. These chambers are connected to each other with underground pipes and connected to the City system in Independence Boulevard and Ferry Plantation Road for larger storm events. Using the tested site infiltration rate the chambers were sized to fully infiltrate the 10 -year rainfall amount before any water outfalls to the City system. Based on the proposed chamber and connection pipe layout the underground chambers will fill during the 10 -year storm event (and smaller) but will infiltrate entirely into the ground and will not outfall to the municipal storm system. Larger storm events will outfall to the municipal system. Off -Site Storm Drainage The ODC site currently receives off-site drainage from the existing apartments southwest of the site. The off-site drainage area from the property at the southwestern site corner is approximately 1.5 acres. This drainage is currently conveyed in an on-site ditch to a storm pipe located at the southeast corner of the site in the Independence Boulevard right-of-way. This drainage will be piped as part of the proposed improvements. The ■ TEL 757 213 8600 EM Kimley-Horn M F1 and Associates, Inc. proposed pipe system designed to convey the off-site drainage will be completely separated from the on-site system serving ODC. The design approach provided the following accommodations for the off- site drainage: • 8.5 acres of storm water runoff from ODC that currently drains to the shared outfall with the off-site drainage will be redirected away from the Independence Boulevard outfall in order to provide a dedicated outfall for the off-site drainage. By diverting this flow the dedicated outfall will have greater capacity to accommodate the off-site drainage. This is a reduction in stormwater flowing to this outfall point of approximately 85%. • The conveyance method for storm water from the off-site properties will be changed from an open ditch to a pipe. The proposed pipe will provide approximately 5 times the capacity of the existing ditch at normal flow conditions. • At the City right-of-way, the current outfall for the off-site water is a 15" pipe. The outfall is being improved and upgraded by replacing the 15" pipe with a 24" reinforced concrete pipe. This matches the pipe diameter of the downstream system in the Independence Boulevard right-of-way. With the reduction in drainage area, the improvement to the conveyance system capacity, and the increase in outfall pipe size we believe drainage conditions will not be adversely impacted for the adjacent apartments that drain through the ODC site. _ SERVICE V COVRT6 - AREA ®f - Sot Ill\\ E.ST Ht 11'DING �tiot-nt Nt ILDIN(: PERSPE.E'TI\ t: _ _ ELF.\':\Tib♦ WIMA 1 SITE PLAN �. REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER �h VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH, VIRGINIA 212-0227 r'. RRMM ARCHITECTS KIMLEY HORN & ASSOCIATES WPL I LANDSCAPE ARCHITECTS I LAND SURVEYORS I CIVIL ENGINEERS OCTOBER 22, 2013 DROP ar - - SITE PLAN DATA: __ 1 wi�lo+Tc. 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RRMM ARCHITECTS KIMLEY HORN & ASSOCIATES WPL I LANDSCAPE ARCHITECTS I LAND SURVEYORS I CIVIL ENGINEERS OCTOBER 22, 2013 ' Ii llirl(i� ri�Fi�t �^" psi MIN wl lobb pw �* d1b . .......... - - - - - - - - - - - --.000 s OWN= Am 84": nP pip EXISTING AERIAL ■;� REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH, VIRGINIA 212-0227 II� RRMM ARCHITECTS KIMLEY-HORN & ASSOCIATES WPL I LANDSCAPE ARCHITECTS I LAND SURVEYORS I CIVIL ENGINEERS OCTOBER 2 22, 2013 1 EXISTING S('11001, BUILDING EXISTING TURNAROUND & SERVICE COURT Jal AERIAL OF EXISTING CONDITIONS ENLARGED PLAN OF SER'V.CE AREA REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER ml Um VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH,VIRGINIA212.0221 RRMM ARC14ITFCTS - KIMIFY-MORN R ASSOCIATES - WPI I IANDSCAPF AROIITFCTS I IAND SURVFYORS I CIVIL ENGINEERS OCTOBER 22, 2013 EXISTING BALL FIELD EXISTING EXISTING PLAYGROUND BASKETBALL } COURTS EXISTING PLAYGROUND AERIAL OF EXISTING CONDITIONS ENLARGED PLAN OF SER'V.CE AREA REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER ml Um VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH,VIRGINIA212.0221 RRMM ARC14ITFCTS - KIMIFY-MORN R ASSOCIATES - WPI I IANDSCAPF AROIITFCTS I IAND SURVFYORS I CIVIL ENGINEERS OCTOBER 22, 2013 EXISTIN(; .,� BALI. 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DITCH z TREES PROPOSED PLAN ENLARGED PLAN OF SERVICE AREA REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH, VIRGINIA 212-0227 RRMM ARCHITECTS KIMLEY HORN & ASSOCIATES WPL I LANDSCAPE ARCHITECTS I LAND SURVEYORS I CIVIL ENGINEERS OCTOBER22.2013�" (A) LARGE COLUMNAR DECIDUOUS TREE 1.50'-7S' 11T.) _f— ® LARGE: EVERGREEN � SHRUB00'42'HT.► 4 Sz ©MEDIUMEVERGREEN `l 9Yr SIIRUB (6'-B' IIT.)16 `r © SMALL EVERGREEN SHRUB(2'4'HT.) Y� N MASONRI' WAI.I. _ TRAIL 6' HIGH SECTION KEY SIRIli-"t': I'INYL fm L AREA -B 1i COATED ItD( j �{ CLF A -A ENLARGED SECTION -ELEVATION B -B CONTEXT SECTION -ELEVATION c 0 10 20 F -I' SECTION -ELEVATIONS Of SO&FICE AREA REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH, VIRGINIA WoURRMM ARCHITECTS • KIMLEY-HORN & ASSOCIATES - WPI I LANDSCAPE ARCHITECTS I LAND SURVEYORS I CIVIL ENGINEERS 212.0227 OCTOBER 22.2013 VIEW FROM SOUTHWEST a ELWIN— BUILDING SOUTH ELEVATION rc-a..r.rr n.-� WING ,I STUDENT SEPNQ RRfA 8- HIGH MASONRY ENLARGED ELEVATION OF SERVICE YARD fNTMNCF WREEN MR VIEWS FROM SOUTH SIDE OF SITE Old Donation Center / Kemps Landing Magnet a PHOTO -B- REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER ml kw VIRGINIA BEACH CIT Y PUBLIC SCHOOLS - VIRGINIA BEACH. VIRGINIA 212.0227 RRMM ARCHITFCTS - KIMI FY -HORN R ASSOCIATES - WPI I IANDSCAPF ARCHITFCTS I IAND SURVFYORS I CIVIL ENGINEERS OCTOBER 22 2013 PHOTO -B' - PERSPECTIVE -B- REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH, VIRGINIA Wi RRMM ARCHITECTS - KIMiFY-HORN R ASSOCIATES - WPI I IANDSCAPF ARCHI'FCTS I IAND SURVEYORS I OVII FNGINFFRS 212-0227 OCTOBER 22 2013 PHOTO -A: REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH, VIRGINIA 2.2-U�. i RRMM ARC14ITFCTS KIMt FY HORN R ASSOCIATFS - WPL I IANDSCAPF ARC�UTFCTS I IANO SURVFYORS I CMI FNGINFFRS (T:: IONEF 1 FI` PHOTO W - PERSPECTIVE A REPLACEMENT FOR KEMPS LANDING MAGNET SCHOOL & OLD DONATION CENTER VIRGINIA BEACH CITY PUBLIC SCHOOLS - VIRGINIA BEACH, VIRGINIA "z 2 > RRMM ARCHITECTS - KIM FY -HORN R ASSOCIATFS - WPI I IANDSCAPf ARC!/ITFCTS IAND SIIRVFYORS I CMI FNGINFFRS CiC.I09_R 1< iDb Item #1 Virginia Beach City Public Schools Change of Zoning 1008 Ferry Plantation Road District 4 Bayside October 9, 2013 CONSENT An application of Virginia Beach City Public Schools for a Change of Zoning (B-2 Business to A-36 Apartment) on property located at 1008 Ferry Plantation Road, District 4, Bayside. GPIN: 14784437960000. A motion was made by Dave Redmond and seconded by Chris Felton to approve item 1 by consent. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 1 by consent. Tony Arnold, the applicant appeared before the Commission. ABSENT Hu °F+C roe; r� e r� � s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing Lake Avenue, Oak Street, and Portions of Locust Crescent and Ellis Avenue (BAYSIDE - DISTRICT 4) MEETING DATE: November 12, 2013 ■ Background: On October 10, 2012, the Planning Commission passed a motion recommending that City Council approve a request by the City of Virginia Beach ("Applicant") to close Lake Avenue, Oak Street, and portions of Locust Crescent and Ellis Avenue. On November 27, 2012, by Ordinance ORD -3262M, City Council approved the Applicant's request subject to the following conditions being met by November 26, 2013: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in these street closures, however, because the City is both the owner of the underlying fee and the Applicant. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall provide the City of Norfolk with the access easements reserved in the deed from the City of Norfolk to the City of Virginia Beach 4. The Applicant shall verify that no private utilities exist within the rights-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. City of Virginia Beach (Lake Lawson and Lake Smith Natural Area) Page 2 of 2 On October 2, 2013, the Applicant requested additional time to meet the conditions set forth in Ordinance ORD -3262M. The Applicant currently is awaiting approval from the National Park Services to transfer a recreational easement restriction from City -owned property located on Lynnhaven Parkway to the Lake Lawson and Lake Smith Natural Area. A legal description was submitted as a part of the extensive application process. Condition 2 of the subject street closure requires recordation of a resubdivision plat incorporating the closed areas into the adjacent parcels. The resubdivision would cause the legal description submitted to the National Park Services to be inaccurate. Staff has concluded that the request for additional time is reasonable. ■ Recommendations: Allow an extension of 12 months for satisfaction of the conditions. ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING THE CONDITIONS IN THE MATTER OF CLOSING LAKE AVENUE, OAK STREET, AND PORTIONS OF LOCUST CRESCENT AND ELLIS AVENUE WHEREAS, on November 27, 2012, City Council acted upon the application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, Oak Street, and portions of Locust Crescent and Ellis Avenue, as shown on Exhibit A attached hereto; WHEREAS, on November 27, 2012, City Council adopted an Ordinance (ORD -3262M) to close the aforesaid rights-of-way, subject to certain conditions being met on or before November 26, 2013; and WHEREAS, on October 2, 2013, the Applicant requested an extension of time to satisfy the conditions to the aforesaid street closure actions. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: That the date for meeting conditions of closure as stated in the Ordinance adopted on November 27, 2012 (ORD -3262M), upon application of the City of Virginia Beach, is extended to November 26, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY: &LAa City Attorney CA12752 \\vbgov. com\DFS 1 Wpplications\CityLawProd\cycom32\Wpdocs\D030\P016\00094442. DOC R-1 November 1, 2013 1 APPROVED AS TO CONTENT: K,,!ii� u - . - FOR LOT OWNER INFORMA ON EOR PARCELS IDENTIFIED AS A THROUGH @, , Q N/F SEE SHEET 2 OF 2. -11 ---- 7 CITY OF > I LOCUST PARCEL A VIRGINIA BEACH CRESCENT ;VAR. R/N) (D.B. 2397, PG. 126) 1 (FORMERLY ELM ST.—M.B.3, PG.171-40' R; W) S51'36'06"E 317.21' TIE TO P.I. „Tz/115.5,8 1 J 'L2 BLOCK 2—LAKESIDE (M.B. 3, PG. 171) �O S FORMEIRL` N51 Cn ' o m/ to N /F%� 3 CITY OF VIRGINIA BEACH (50' R/W) 3T.—M.B.3, V 299.6 BLOCK 3 - LAKESIDE (M.S. 3. PG. 171) / ,OAK STREET // 7- M.B. /7- M.B. 3, PG. 171))/J(/ _ 192.17' ._.. N51'37'16'W 316.34' OA. PROPERTY LINE BY CITY DEED 6V ,- D.B. 51, PG. 10 (40' R / JO N/ F CITY OF NORFOLK "LAKE SMITH" GPIN 1469-62-7175 S38'20'11 "W 9.81' 124.17' �- 115.27' - —STREET LINE AS SHOWN IN M.B.3, PG. 171 c� „ 0 00 `� N AREA OF STREET CLOSURE H L i CITY OF VIRGINIA BEACH 55,214 SF 1.2675 AC. N ! PARCEL B U a INS T. #20060706001024770(DEED) INST. #20060522000771350(PLAT) GPIN 1469-52-7035 MERIDIAN REFERENCE: VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NORTH AMERICAN DATUM 198311993 (HARN) (U.S. SURVEY FOOT) LINE TABLE 7 O o BEARING M Q O L1 J '— ' 1 r; v W � D0- z ar aU_00 1_3 N38'23'54"E Qri pqD an w®o M u � J t11 35.93' Z 124.17' �- 115.27' - —STREET LINE AS SHOWN IN M.B.3, PG. 171 c� „ 0 00 `� N AREA OF STREET CLOSURE H L i CITY OF VIRGINIA BEACH 55,214 SF 1.2675 AC. N ! PARCEL B U a INS T. #20060706001024770(DEED) INST. #20060522000771350(PLAT) GPIN 1469-52-7035 MERIDIAN REFERENCE: VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NORTH AMERICAN DATUM 198311993 (HARN) (U.S. SURVEY FOOT) GRAPHIC SCALE LINE TABLE roo 0 50 100 LINE BEARING DISTANCE L1 N38'20'40"E 49.95' L2 N51'37'16"W 75.00' 1_3 N38'23'54"E 39.96' 1 4 N36-48'1 7"W 136.86' L5 S25'16'43"W 35.93' GRAPHIC SCALE EXHIBIT SHOWING A CLOSURE OF roo 0 50 100 zoo —� A PORTION OF LOCUST CRESCENT --mommoi (FORMERLY ELM STREET - M.B. 3, PG. 171,; ( IN FEET ) & A PORTION OF ELLIS AVENUE I inch 100 ft. (FORMERLY PINE STREET - M.S. 3, PG, 171) AND `�,L`VH of, A CLOSURE OF LAKE AVENUE AND OAK STREET �" (M.S. 3, PG. 171) iI10THY F. FLETCHER VIRGINIA BEACH, VIRGINIA Lic. No. 2516 w .. Flagon Harris Rust & Associates _ % Engineers. Surveyors. Planners, Landscape Architects. 410 NORTH CENTER DRIVE, SUITE 100 PLAANorfolk, VA 23502 ISHEET 1 OF 2 - T 757.497.7472 F 75-2 497.0250 NOVEMBER 7. 2011 lsowr. 1'=100' ;" c"°! TFF N rro} 16700 -1 - EXHIBIT A (Pane 1 of 2) IDENTIFIER PARCEL c-, OWNER fZ LOTS 91 10 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771380 (PLAT), GPIN 1469-52-4486 {8) LOT 11 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20081120001335970 M.B. 3, PG. 171 GPIN 1469-52-5403 IDENTIFIES PARCEL & OWNER () LAKE SMITH N/F CITY OF NORFOLK INST.#20060522000771350 (FLAT) D.B. 51, PG. 10 GRIN 1469-62-7175 LOTS 21-32 — BLOCK 3 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771390 (PLAT) GPIN 1469-52-4277 LCTS 12-20 — BLOCK 2 A PORTION OF LOTS 1-8, AND N/F CITY OF VIRGINIA BEACH ALL OF LOTS 9-19 —BLOCK 3 INST.#20060706001024770 (DEED) N/F CITY OF VIRGINIA BEACH (DEED) INST.#20060522000771420 (PLAT) INST.#20060706001024770 (PLAT) GPIN 1469-52-6306 INST.#20060522000771390 GPIN 1469-52-3280 A PORTION OF LOTS 23, 24, 25 & 26 — BLOCK 2 ® LOT 20 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060706001024770 (DEED) INST .#20060522000771400 (PLAT) INST.#20060522000771390 (PLAT) GPIN 1469-52-5486 GPIN 1469-52-5130 A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771400 (PLAT) GPIN 1469-52-6433 0 LOTS 28, 29 - BLOCK 2 N/F AUGUSTUS COSTON D.B. 96, PG. 79 M.B. 3, PG. 171 GPIN 1469-52-6482 LOTS 30, 31 - BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771410 (PLAT) GPIN 1469-52-7421 \1 LOT 32 - BLOCK 2 N/F CITY OF VIRGINIA BEACH INST.#20080619000727770 M.B. 3, PG. 171 GPIN 1469-52-7336 PARCEL A N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST.#20060522000771350 (PLAT) GRIN 1469-52-9638 ffigo IP fl d(iq'ilt � �'LLPCIILR b � 4o. 2516, ti's 2OF2 TFF EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET — M.B. 3, PG. 171) & A PORTION OF ELLIS AVENUE (FORMERLY PINE STREET — M.B. 1 PG. 171) AND A CLOSURE OF LAKE AVENUE AND OAK STREET (M.9. 3, PG. 171) VIRGINIA BEACH; VIRGINIA Patton Harris Rust Ru Associates Enaineers. Surveyors. Planners. Landscape Architects. 410 NORTH CENTER DRIVE, SUITE 100 Norfolk, VA 23502 , T 757.497.7472 F 757.497.0250 NOVEMBER 7, 2011 'c°e N/A sch"ea: TFF lProy no. 16700-1— EXHIBIT A (Page 2 of 2) J. APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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 CITY COUNCIL/SCHOOL BOARD JOINT MEE TING -B UILDING 19 1. FIVE-YEAR FORECAST TUESDAY, NOVEMBER 19, 2013 3:30 P.M. 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-S: 00 P.M. Monday, January 6th' and Tuesday, January 7`h, 2014 2013 CITY HOLIDAYS Thanksgiving Da and Day after Thanksguivinc, Y t� Thursday, Noveniber 28 and Friday, Noveinber 29 Christmas Eve (hal_f-dtq) - Tuesdays, Deceniber 24 Christinas Dq.y - ffednesdall% Deceinher 23 CITY OF VIRGINIA BEACH BRIEFINGS SUMMARY OF COUNCIL ACTIONS A. 2040 VISION -TO -ACTION Co -Chairs - John R Malbon and Gary O McCollum S DATE: 10/22/2013 PAGE: 1 CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y S- Y Y Y Y Y Y D L' SESSION H S AGENDA E H F A E 11-0 W Y ITEM # SUBJECT MOTION VOTE D S Y E J Y 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 1 O O S H R Y S S D S N N D I -A BRIEFINGS A. 2040 VISION -TO -ACTION Co -Chairs - John COMMUNICATION COALITION Malbon and Gary McCollum 11/IIUIV/V. CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y L' SESSION F MINUTES—October 8, 2013 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H PUBLIC HEARINGS 1. LEASE OF CITY -OWNED No Speakers PROPERTY a. 910 Atlantic Avenue 2. PROPOSED AMENDMENT: No Speakers (VDOT) FY 2013-14 Capital Budget a. Centerville Turnpike, Phase II b. Pedestrian/Bicycle Enhancements U1 AMEND Employee Leave Policy: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Ordinance to AMEND City Code re Annual/Personal/Sick Leave b. Resolution to AUTHORIZE a new Paid Time -Off Policy 2. Ordinance to AUTHORIZE a System of ADOPTED, BY 8-3 Y N Y Y Y N Y Y Y N 1' Arrears Processing/APPROPRIATE CONSENT $3,450,000 re Conversion Pay and Costs 3. Resolutions to SUPPORT: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT, AS a. The 2014 Legislative Agenda/City STIPULATED: Council's Goals/Objectives EXCEPT SEC 4/9- SEC.4 9-2 Y N Y Y Y N Y Y Y Y Y SEC.9 10-1 Y Y Y Y Y N Y Y Y Y Y b. Strategic Plan to End Homelessness ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT c. FY 2014-15 (VDOT) Alternatives re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y pedestrian/bicycle facilities CONSENT CITY OF VIRGINIA BEACH Ordinance to AUTHORIZE Dedication of 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Lake Christopher Homes Asso property ADOPTED, BY CONSENT R O DISTRICT 6 - BEACH S DATE: 10/22/2013 PAGE: 2 Ordinance to DONATE boats to ADOPTED. BY 11-0 Y Y Y S- Y Y Y Y Y Y D Olongapo, Philippines CONSENT H S AGENDA E H 6. A E 11-0 W' Y ITEM 4 SUBJECT MOTION VOTE D S Y E J Y M S U I CONSENT A T D N O M M S H L W 7. V E Y L N O O O R S O Y I P E F E S N M I O O S H R Y S S D S N N D 4. Ordinance to AUTHORIZE Dedication of 11-0 Y Y Y Y Y Y Y Y Y Y Y Lake Christopher Homes Asso property ADOPTED, BY CONSENT on Lynnhaven Parkway near Stewart Drive DISTRICT 6 - BEACH 5. Ordinance to DONATE boats to ADOPTED. BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Olongapo, Philippines CONSENT 6. Ordinance to GRANT a Franchise to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Scrambled, Inc. re Open Air Cafe CONSENT 7. Ordinances to ACCEPT/ APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y y' CONSENT a. $10-M funding from (VDOT) re Centerville Turnpike -Phase II roadway enhancements b. $1,195,154 —(FEMA) funds re Virginia Task Force 2 Urban Search/ Rescue Team c. $ 383,200 — Hazard Mitigation Grant re Auxiliary Power Program -Sewer Pump Stations d. $ 176,635 —Va Attorney General re Crisis Intervention Team Training e. $ 74,960 — Edward Byrne/Juvenile Assistance Grant (JAG) re Human Services f $ 55,000 — (ICAC) to Police re internet crimes against children g. $ 45,000 — Homeland Security re electronic systems in Police Patrol Vessels h. $ 11,819 - Va Land Conservation Fnd to Planning re Conservation Easements i. $1,300,000 — Tourism Advertising Special Revenue re advertising/marketing j. $ 13,500 — Maritime Forest Trust Fund to Planning/Community Development re Pilot Live Oak Program CITY OF VIRGINIA BEACH FIVE MILE STRETCH ASSOCIATES, DEFERRED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y LLC Conditional CoZ from AG-I/AG-2 INDEFINITELY, R BY CONSENT O in 2800/2900 Block of Princess Anne Road S DATE. 10/22/2013 PAGE: 3 DISTRICT 7 — PRINCESS ANNE S- D K APPOINTMENTS: RESCHEDULED B H S C O N AGENDA E E S H S A E w' ITEM # SUBJECT MOTION VOTE D S E J M S U 1 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 1 O O S If R Y S S D S N N D J/1 FIVE MILE STRETCH ASSOCIATES, DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC Conditional CoZ from AG-I/AG-2 INDEFINITELY, to Conditional R-51) (PD -H2) re dwellings BY CONSENT in 2800/2900 Block of Princess Anne Road DISTRICT 7 — PRINCESS ANNE K APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEVAMP GREEN RIBBON COMMITTEE Appointed: 10/23/2013- 10/31/2014 Emily Steinhilber (Environmental Consultant PARKS and RECREATION Appointed: COMMISSION Unexpired term ending 08/31/2015 Ginny Z. Cohen L/MM ADJOURNMENT 6:1 7PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 10/22/2013 PAGE: 4 S- D I -i S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE D 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 1 O O S H R Y S S D S N N D CITY COUNCIL/SCHOOL BOARD JOINT MEETING 1. FIVE-YEAR FORECAST 2.2015 EMPLOYEE HEALTH CARE TUESDAY, NOVEMBER 19, 2013 2:30 P.M. 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-5:00 P. Al. Monday, January 6"' and Tuesday, January 7", 2014 2013 CITY HOLIDAYS fi�teraus 1)at-:1lirnda}.:'�'overnbicr /7 1lurrrksgiviu�r M4, and Dat: after I'll ajlAst,>iving Thursday, Aovernber 28 and f rithiv.:Vavenrber 29 Christmas Eve (half=d4(v) - TuesdaY, December 24 (lnisnnrrs 110,1, - Wedne,"las•, Oecember• 2 i