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NOVEMBER 25, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL A-IAYOIt w7/ l.IAM D. SF.SSOMS, ./R., At / arge 67('li' A9.4Y0R J OUIS 2. ./ONI?S, Bay.side - Districl -! RC)BliR%'M DYER, Centervllle - District / BARBAIlA M. NIiN!_F.Y, Prince.c.c Anne - DLcu•fct 7 SH,9NNON 0S KANL; Rn.ce Ha[[ - District 3 B2Al) A4AR7lN, P.L'., At LarRe JOHN D.640S.5', At /.aigc A:L!/;%,lA 120SS-HfIMh90ND, Kempsvz/!e - District 2 JO1Nli. UHIZ/N, Bench - District 6 RU1'ls,ti1.412}'WILSON, At Large J. Itvll;S l,. WOOD, I.ynnhaven -District 5 CI"tY COUNCIL APPOINTEES C'lTY h9.dNAGLl1-./AMGS K. SPO2L' C'lTY Afl'OIZNEY - MARK D. STILBS C77YfIS:11sSS0lZ JBRAIDD.BANAGAN (77'YAUUIlnR LYNDONS. LtliM1.7S (7%'Y ('IJ:RK RUTH HODGES I7ZASliR, MAdC CITY COUNCIL AGENDA 25 NOVEMBER 2014 CITYHALL 6UII,DING 2401 coukrxousE Daivc V)`RGINIA BEACIl, P/RGINIA 23456-9005 PfIONh_': (757) 385-4303 ? FAX (757) 385-5669 i E- ,1Af1 /L: Clycncl(ci,hgov. corn I I. CITY COUNCIL BRIEFING - Conference Room - 3:00 PM A. TRANSITION AREA POLICIES AND DESIGN GUILDINES COMPREHENSNE PLAN AMENDMENT Linwood Branch, Chair, Transition Area/ITA, Citizen's Advisory Committee Jeryl R. Phillips, Comprehensive Planning Coordinator lL CI1'Y MANAGER'S BRIEFINGS A. OCEANFRONT INITIATIVE Danette Smith, Director, Human Services Department B. COLLIER BUILDING RENOVATION Dave Hansen, Deputy City Manager C. ARENA TERM SHEET Doug Smith, Deputy City Manager D. PENDING PLANNING ITEMS Jack Whitney, Director, Planning IIL CITY COUNCIL COMMENTS IV. CI'I'Y COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL 5:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James H. "Bubba" Pugh, Jr., Pastor Rugged Cross Cowboy Church C. PLEDGE OF AI.LEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS G. li'ORMAL SESSION AGENDA L CONSENT AGENDA H. ORDINANCES November 18, 2014 1. Ordinances to AMEND the City Code: a. §2-83.3 re Policy on City Employees remuneration for Jury Duty b. §2-208.1 re Waiver of fees for reissuance of checks or IRS forms 2. Ordinance to MODIFY the Virginia Beach Rescue Squad's interest-free loan to reduce the annual repayment from $250,000 to $150,000 3. Ordinance to AUTHORIZE and EXECUTE a Franchise Agreement with East Coast Valet Company, LLC re Valet services in the public right-of-way along 21sr Street 4. Ordinance to ACCEPT and APPROPRIATE a$1000 "Keep Virginia Beautiful" Grant to purchase recycling containers for Little Island Signature Park I. PLANNING 1. Application of ALFRED W. and VICTORIA S. MORDECAI, TRUSTI?,LS OF MORDECAI REVOCABLE TRUST for Enlargement of a Nonconforming Use Permit, (approved May 12, 2009) re addition of a driveway and parking spaces at 5504 Ocean Front Avenue 'DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of LARAE TUCKER and PMIG 1012, LLC for Modification of a Conditional Use Permit re fuel sales at a Convenience Store (Modified May 1, 1989) at 841 South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROV AL 3. Applications of GENERAL BOOTH STORAGE ASSOCIATES, LLC and MARK I V INVESTMENTS, INC. (approved June 10, 2003) at 1744 General Booth Boulevard and 1188 Edison Road DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from AG-2 Agricultural District to B-2 Commuility Business District b. Modification of a Conditional Use Permit re indoor storage of recreational vehicles RLCOMMENDATION: APPROVAL 4. Application of ST. LUKE CATHOLIC CHURCH and the ROMAN CATHOLIC DIOCESr for Modification of Condition No. 5 of a Conditional Use Permit (approved January 26, 2010) re extending the use of existing portable trailers on-site at 2304 Salem Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of T-MOBILE NORTHEAST, LLC and DOMINION VIRGINIA POWER for a Conditional Use Permit re a wireless Communications Tower at 1948 South Independence Boulevard DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL J. APPOINTMENTS BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION PLANNING COMMISSION RESORT ADVISORY COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS M. AllJOURNMENT ***********************?***** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *************?****?***?*********?? I l /25/ 14/st CITY COUNCIL MEETINGS REMAINDER OF 2014 DECEMBER 2Nn INFORMAL AND FORMAL SESSION - OPEN DIALOGUE DECEMBER 9TI{ INFORMAL AND FORMAL SESSION CITY COUNCIL WINTER RETREAT Economic Development Confereizce Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to S: 00 PM 2014 CITYHOLIDAYS 711irnk.cgivin" !)cy urlrl My nfler l7runksnii-irr" Thur•s?ltr?'. :ti'uve?rti?er? ?7 anc! ?R £hri.ctrzius f:vc (7tulf-tlrri') - lf'ertl?iesttrr;, /)ecettr/rc:r 24 f'/rei.w7ntrts Ikat' - Thurviltz.r, 1)eeeirrher 25 I. CITY COUNCIL BRIEFING - Conference Room - 3:00 PM A. TRANSITION AREA POLICIES AND DESIGN C'lUILDINES ! COMPREHENSIVE PLAN AMENDMENT ; Linwood Branch, Chair, Transition Area/ITA, Citizen's Advisory Cominittee Jeryl R. Phillips, Comprehensive Planning Coordinator IL CI1'Y MANAGER'S BRIEFINGS A. OCEANFRONT iNITIATNE Danette Smith, Director, Human Services Department B. COLLIER BUILDING RENOVATION Dave Hansen, Deputy City Manager C. ARENA TERM SHEET Doug Smith, Deputy City Manager D. PENDING PLANNING ITEMS Jack Whitney, Director, Planning IIL CITY COUNCIL COMMENTS IV. CI1'Y COUNCIL AGENDA REVIEW V. INFOIZMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL C. RECESS TO CLOSED SESSION VL FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James H. "Bubba" Pugh, Jr., Pastor Rugged Cross Cowboy Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS November 18, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES 1. Ordinances to AMEND the City Code: a. §2-83.3 re Policy on City Employees remuneration for Jury lluty b. §2-208.1 re Waiver of fees for reissuance of checks or IRS forms 2. Ordinance to MODIFY the Virginia Beach Rescue Squad's interest-free loan to redLice the annual repayment from $250,000 to $150,000 Ordinance to AUTHORIZE and EXECUTE a Franchise Agreement with East Coast Valet Company, LLC re Valet services in the public right-of-way along 21s' Street 4. Ordinance to ACCEPT and APPROPRIATE a$1000 "Keep Virginia Beautiful" Grant to purchase recycling containers for Little Island Signature Park ?F r; - i CITY OF VIRGINIA BEACH AGENDA ITEM _ ITEM: An Ordinance to Amend City Code Section 2-83.3 Pertaining to Jury Leave MEETING DATE: November 25, 2014 ¦ Background: State law prohibits requiring employees use sick leave or vacation time for time away from work due to jury duty. Accordingly, the City has an employee leave category that allows paid leave for an employee who is absent from work in response to a jury summons. Section 2-83.3 of the City Code provides for jury leave and requires an employee claiming jury leave to pay over any fees received for jury service. The Department of Finance undertook a review of the various steps required to process payments received by employees for jury service. The processing of each check results in approximately $30.23 of City labor costs. The average check amount processed in calendar year 2013 was $37.40; about 100 checks were processed for roughly $3,700 total. The state provides $30 for a day of jury service. As described in ihe authorizing statute, the $30 is for "expenses of travel incident to jury services" (Va. Code § 17.1- 618). This amount may also offset the cost of lunch. Jurors are usually provided a limited time for lunch and no access to refrigerators to store perishable food. ¦ Considerations: The attached ordinance amends Section 2-83.3 to provide the process for payment received by employees claiming jury leave will be set forth in an administrative policy promulgated by the City Manager or designee. The City currently has a Human Resources Policy that addresses all absences for court attendance, so this Policy would be a likely place to include such requirements. In lieu of being provided in the City Code, an administrative policy will allow the City to respond quickly should there be future changes in remuneration for jury service. The attached draft policy provides jury duty of less than five days does not require the employee to forward the amounts received by the court for jury service. The Department of Finance believes this amount avoids the City losing money through the labor costs of processing and would not result in a windfall to the employee. ¦ Public Information: Public information will be coordinated through the normal Council Agenda process. ¦ Recommendations: Adopt the attached ordinance. ¦ Attachments: Ordinance; Draft HR Policy 3.02 Recommended Action: Approval Submitting Departmer.t/Agenc : Department of Finance? City Manager ?-/ - @hy ? ? 1 AN ORDINANCE TO AMEND SECTION 2-83.3 OF 2 THE CITY CODE PERTAINING TO JURY LEAVE 3 4 SECTION AMENDED: § 2-83.3 5 6 WHEREAS, in many instances, the staff costs associated with processing jury 7 payments exceeds the amount of such payment; and 8 9 WHEREAS, the City staff recommends moving the topic of jury payments to 10 Human Resources Policy 3.02, "Absence for Court Attendance Policy." 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That Section 2-83.3 of the City Code is hereby amended and reordained, to read 16 as follows: 17 18 Section 2-83.3. Jury Leave. 19 20 All full-time merit employees of the city shall be eligible to receive paid jury leave 21 when summoned to serve as jurors. The conditions upon which the citv requires 22 pavment received by such employees for iury service will be provided in an 23 administrative policy promulqated by the citv manaqer or desiqnee. e^„ f^°° r°^°;,,°d 24 25 s; ^ ll ? "-,?dedUGtedfrGm ?the-emp',oy ' s .,", Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12014. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Q ??8 w aQ, t & iz Department of Finance r Npartment of Human Resources APPROVED AS TO LEGAL SUFFICIENCY: . ? ' A#tor y's Office CA-13154 R-1 October 29, 2014 Policy Number: 3.02 Date of Adoption: April 15, 1986 City of Virginia Beach Date of Prior Revision: -0 v ezim -h e?7 - 2884December 1, ABSENCE FOR COURT ATTENDANCE 2014 POLICY Date of Current Revision: November 17, 2004AstebeF-3, 28N Page 1 of 5 1.0 PURPOSE: To establish uniform guidelines throughout the City regarding employees absences from work to serve as jurors and to attend court proceedings. 2.0 DEFINITIONS: 2.1 COURT LEAVE: Mandatory paid leave for an employee's absence from work when attending court or a deposition as a witness in response to a subpoena. 2.2 CRIME VICTIM LEAVE: Mandatory leave for an employee to attend criminal proceedings when the employee is a victim of crime. 2.3 CRIMINAL OFFENSE: As used in reference to crime victim leave, shall mean the commission of a felony or assault and battery, stalking, sexual battery, attempted sexual battery, maiming or driving while intoxicated. 2.4 CRIMINAL PROCEEDINGS: As used in reference to crime victim leave, shall mean a proceeding at which the victim has the right or opportunity to appear involving a crime against the victim, including 1) the initial court appearance of the person suspected of committing the criminal offense, 2) any proceeding regarding post-arrest release of the person suspected of committing the offense, 3) any proceeding in which a negotiated plea will be presented to the court, 4) any sentencing proceeding, 5) any proceeding in which post-conviction release from confinement is considered, 6) any probation revocation proceeding, 7) any proceeding in which a court is requested to terminate probation, or 8) any proceeding in which the court is requested to modify the terms of probation if the modification will substantially affect the person's contact with or safety of the victim or involves modification of restitution or incarceration status 2.5 JURY LEAVE: Mandatory paid leave for an employee who is summoned to serve on jury duty. Policy Number: 3.02 Date of Adoption: April 15, 1986 Date of Prior Revision: December 1, 2014 vembet-17,2001 Date of Current Revision: Novemher• 17, 20040„'„b,,,, ? 2nnQ Page 2 of 6 2.6 VICTIM: As used in reference to crime victim leave, shall mean (1) a person who has suffered physical, psychological or economic harm as a direct result of a criminal offense as defined herein; (2) a spouse or parent of such a person; (3) a parent or legal guardian of such a person who is a minor; or (4) a spouse, parent, sibling or legal guardian of such a person who is physically or mentally incapacitated or was the victim of a homicide; and for the sentence procedure only (5) a person who is a current or former foster parent or other person who has or has had physical custody of such a person who is a minor, for six months or more or for the majority of the minor's life. 2.7 UNDUE HARDSHIP: A significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employee. Pursuant to state code, this definition applies only to crime victim leave. Refer ta'section 5.5 of this policy. 3.0 APPLICABILITY: This policy applies to all full-time and parttime employees as defined by the Code of the Gi#y of Virq.inia Beach. This policy also applies to employees of constitutional offices, if the City's policies have been adopted by written consent of the appropriate elected officiaL 4.0 PQLICY STATEMENT: 4.1 The City shall allow employees who are victims of criminal offenses, subpoenaed as a witness, or summoned for jury duty, as those terms are defined herein, leave from work to attend court or criminal proceedings. 4.2 Refer to Overtime Policv, No. 2.02 for guidance on whether leave used under this policy should be included in the computation of overtime compensation. 5.0 CRIME VICTIM LEAVE PROCEDURE: Policy Number: 3.02 Date of Adoption: April 15, 1986 Date of Prior Revision: December 1. 201 ?l venibef. , Date of Current Revision: November 17. 20040-•'.,b,... a 2nnQ Page 3 of 6 5.1 Crime Victims Who Have Not Received a Subpoena for Attendance in Court A. Employees who (1) are victims of crime and have not been subpoenaed, but wish to attend a criminal proceeding as defined in Section 2.4, and (2) are requesting crime victim leave shall submit a leave slip noting in the remarks section the leave is for "crime victim leave". Employees may choose to designate the leave type as follows: Leave without pay or personal flex holiday when used in full day increments only. Annual leave or compensatory leave, in any increments permitted by payroll practices and as prescribed by Annual and Personal Leave Policv, No_ 3.01 and Overtime Policv, No. 2.02. B. Employees requesting crime victim leave shall attach to the leave slip a copy of the standardized form provided to the employee by the law-enforcement agency listing the specific rights afforded to crime victims and, if applicable, a copy of the notice of each scheduled criminal proceeding that 'is provided to the employee as a victim. G. Exceptions Crime victim leave may be limited if the employee's leave creates an undue hardship to the City. The Director of Human Resources, or designee, shall'have the sole authority to limit crime victim leave. If a department believes that the employee's leave creates an undue hardship, the department director shall forward a written request to limit the leave to the Director of Human Resources and shall. include all relevant information to support the request. D. The City shall not refuse to hire or employ, bar or discharge from employment or discriminate against an individual in compensation or terms, conditions, or privileges of employment because the individual requires leave to attend a criminal proceeding in which the individual was the victim of a criminal offense. 5.2 Victims of Crime Who Receive a Subpoena for Attendance in Court Policy Number: 3.02 Date of Adoption: April 15, 1986 Date of Prior Revision: Decembel• 1. 2014 , A(,??4 Date of Current Revision: November- 17. 20040eiebei=3?2 Page 4 of 6 Employees who are victims of crime and who are subpoenaed to appear as a witness at a hearing or trial related to the crime against them shall utilize court leave for absences while under subpoena as prescribed in Section 6.0. 6.0 COURT LEAVE PROCEDURE: 6.1 An employee who has received an official summons or subpoena to appear in court as a witness shall< attach a copy of the summons or subpoena to the leave slip requesting court leave, and submit the documents to his/her department. Director, or designee, prior to the beginning date of such service. 6.2 The City shall not compensate employees for hours they are required to remain in court in excess of an employee's n`ormal working`hours. 6.3 When employees elect to use court 'leave and their presence is required for four (4) hours or less, employees are required to contact their department to determine if they need to return to work. Employees who fail to contact their department and/or fail to return to work, may be designated as absent without leave (AWOL) for the remaining work period and may be subject to disciplinary action. 6.4 Exceptions' A. Employees appearing in court either as a plaintiff or defendant shall nat be eligible to utilize court leave for such absences. Employees appearing in court as either a plaintiff or defendant may choose to utilize annual leave or compensatory leave, or may elect to utilize leave without pay, but only in full day increments. B. Employees who appear in court as witnesses on behalf of the City of Virginia Beach as part of their job duties shall not be required to use court leave. C. Employees serving as expert witnesses unrelated to their City employment who receive compensation for their testimony shall be required to reimburse the City for any fees received from an outside agency unless the employee elects to use annual leave or compensatory time in lieu of court leave. Policy Number: 3. 02 Date of Adoption: April 15, 1986 Date of Prior Revision: Decembet• 1, 2014. , 200 Date of Current Revision: Novembei• 17 20040et??3, - Page S of 6 6.5 If there is any question regarding an employee's eligibility for court leave, contact the Human Resources Department, Employee Relations Division for clarification. 7.0 JURY LEAVE PROCEDURE: 7.1 Employees who have been officially summoned to serve on jury duty shall attach a copy of the summons to the leave slip requesting jury leave and submit the leave slip to their Department Director, or designee, prior to the first date of such service. 7.2 For jury dut lastin,q (5) five work days or less employees shall be permitted to retain compensation from the Courts u„',ess-t",e °m^,^„°° °'°^+°without #a usinge annual leave or compensatory leave in lieu of jury leave. For iury dutv exceedinq (5) five work davs emnlovees who receive comnensation from the Courts shall be 7.3 The City shall not compensate employees for hours they are required to remain in court in excess of an employee's normal working hours. 7.4 When employees elect to use jury leave, and their presence is required for four (4) hours or less, employees are required to contact their department to determine if'they need to return to work. Employees who fail to contact their department and/or fail to return to work, may be designated as absent without leave (AWOL) for the remaining work period and may be subject to disciplinary action. 7.5 Employees who are summoned and appear for jury for four (4) hours or more, including travel time, in one day shall not be required to begin any work shift that begins on or after 5:00 p.m. on the day of service or that begins before 3:00 a.m. on the following day. 7.6 The City shall not discharge, take any adverse employment action against, or require the use of sick leave or vacation leave because employees need to be absent from work due to jury duty. I Policy Number: 3. 02 Date of Adoption: April 15, 1986 I Date ofPriorRevision: Decemher 1, 2014A[avembef=17-, 200-1 Date of Current Revision: November• 17, 20040ek4x°i• 2?0nQ Page 6 of 6 8.0 REVISION: The City Manager, or designee, may revise this policy, or any portion thereof, at any time. ? 8 CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance to Amend Section 2-208.1 of the City Code Pertaining to Check Re-Issuance Fees MEETING DATE: November 25, 2014 ¦ Background: The City Code requires the Director of Finance or designee to impose a$15 fee for additional services involved in reissuing a check or IRS Form 1099 that was lost not due to the fault of the City. This fee was imposed to recoup labor costs associated with such actions, reduce interruptions from the other check and tax related activities of the Department of Finance, and provide a disincentive for losing a check or an IRS Form 1099. ¦ Considerations: In the three years since the fee was imposed, the Department of Finance has found that checks and IRS Forms can simply be lost in the mail and never received by the payee. In such situations, the fees cause ill will with vendors or suppliers who believe they are being unreasonably penalized. The purpose of the attached ordinance is to give the Director of Finance the authority to waive the fee when the fault is neither the City nor the party requesting reissuance of checks and IRS Forms. The Department of Finance developed a written policy (attached) setting forth when and how such charges may be waived. The policy will be available on the City's website. ¦ Public Information: Public information will be provided through the normal Council agenda process. ¦ Recommendations: Adopt the attached ordinance ¦ Attachments: Ordinance; Finance Policy Recommended Action: Approval artment of Finance Submitting Depart:M: City Manager . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AMEND SECTION 2-208.1 OF THE CITY CODE PERTAINING TO CHECK RE-ISSUANCE FEES SECTIONS AMENDED: § 2-208.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-208.1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 2-208.1. Reasonable charges for the reissuance of paperwork and checks. (a)The director of finance or designee shall impose the following fees for additional services to recover the reasonable administrated costs associated with each activity: (1)Fifteen dollars ($15.00) for the reissuance of a check that was lost and requires reissuance not due to the fault of the city; (2)Fifteen dollars ($15.00) for the holding of a check for pick-up in lieu of mailing; (3)Fifteen dollars ($15.00) for the reissuance of an IRS Form 1099 that was lost and requires reissuance not due to the fault of the city. (b)The charges provided in subsection (a) shall not apply to the reissuance or pick-up of checks issued as part of the city's employee payroll activities. (c) The director of finance is hereby authorized to waive the charqe imposed by this section, provided such waiver shall be pursuant to a written policy approved by the director of finance and made available on the city's website. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: I.t gat,t 4 1 Finance Department Cft y Office CA13078 R-1 October 29, 2014 City of Virginia Beach Date of Adoption: Proposed Policy for Waiver of Date of Revision: Check and IRS Form Processing Fees Pa e 1 of 1 1. Purpose City Code Section 2-208.1 authorizes the Director of Finance to impose fees for additional services associated with the processing and distribution of checks and IRS forms. The code further authorizes the Director of Finance to waive such fees pursuant to written policy available on the City's website. This policy is stated below. 2. Policv Statement The fees imposed by section 2-208.1 may be waived by the Accounts Payable Account Clerk Supervisor, Accounts Payable Manager, Financial Services Coordinator, Comptroller or Director of Finance in the following situations: a. The fees for re-issuance of a check or IRS form may be waived when checks and IRS forms 1099 are simply lost in the mail and/or never received by the payee due to no fault of the City or the payee. b. The fees for in-person pick-up may be waived in hardship situations where the payee requires immediate access to their funds, and waiting for mail delivery creates financial difficulties for the payee. c. Fees (for re-issuance of checks or IRS forms and pick-up) are not imposed upon checks issued by the Virginia Beach City Public Schools and the Treasurer's Office. d. Fees for pick-up are not imposed upon City of Virginia Beach employee travel advances and reimbursements as well as for City departments who are picking up checks for legal proceedings, settlements and other matters. 3. Procedure When any applicable fee is waived, the reason will be recorded on the appropriate Finance Accounts Payable internal control log sheet. w B C ? CITY OF VIRGINIA BEACH , AGENDA ITEM J ITEM: An Ordinance to Modify the $5,000,000 Interest-free Loan to the Virginia Beach Rescue Squad MEETING DATE: November 25, 2014 ' Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through squad fund drives, conducted annually. In September 2007, the City Council approved a$5 million interest-free loan ("Loan") to the Virginia Beach Rescue Squad, Inc. ("Rescue Squad") for the design and construction of a new building. Council has modified the Loan three previous times to clarify payment schedule and provide additional time for repayment. The Rescue Squad is current on payments, and the current balance of the loan is $3 million. The Rescue Squad requests an additional reduction of the annual loan payment amounts from $250,000 to $150,000. If this payment schedule is approved, the loan would be paid-in-full in twenty years, or 2034. The Rescue Squad believes this schedule will allow it to continue to honor its debts and to provide pre-hospital emergency services to the citizens of the City. ' Considerations: The requested modification of the Loan between the City and the Rescue Squad does not change the amount of the loan. Rather, the modification extends the payment schedule. As set forth in Amendment Four, the Loan will be paid in full January 28, 2034. ' Public Information: Information will be provided by the regular Council agenda notification process. ' Attachments: Ordinance; Amendment Four to the Promissory Note REQUESTED BY MAYOR SESSOMS REQUESTED BY MAYOR SESSOMS 1 AN ORDINANCE TO MODIFY THE $5,000,000 2 INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 RESCUE SQUAD 4 5 W HEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia 6 Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and 7 construction of a new building; and 8 9 WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated 10 September 5, 2007, in the amount of $5,000,000; and 11 12 WHEREAS, the Rescue Squad and the City amended the Note in December 2010, 13 April 2011, and December 2011 to clarify payment schedule and provide additional time for 14 repayment; and 15 16 W HEREAS, the Rescue Squad and the City desire to amend the Note to provide for 17 a reduced yearly payment spread over additional years. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That, subsequent to execution of same by the Rescue Squad, the City Manager or 23 his designee is authorized and directed to execute an amendment to the Note to change the 24 payment schedule as set forth in the attached Exhibit, titled "Amendment Four to the 25 Promissory Note." Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. APPROVED AS TO LEGAL SUFFICIENCY -ei A ne Office CA13157 R-2 November 19, 2014 AMENDMENT FOUR TO PROMISSORY NOTE BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH RESCUE SQUAD, INC. Whereas, the City of Virginia Beach received a promissory note ("Note") from the Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to modify the Note as provided herein; NOW, THEREFORE, the Note is hereby modified as follows: 1. Payment on principal shall amended to provide: On or before January 28, 2009 - $500,000 On or before January 28, 2010 - $500,000 On or before January 28, 2011 - $250,000 On or before January 28, 2012 - $250,000 On or before January 28, 2013 - $250,000 On or before January 28, 2014 - $250,000 On or before January 28, 2015 - $250,999 $150,000 On or before January 28, 2016 -$250,0AB $150,000 On or before January 28, 2017 - $258;A89 $150,000 On or before January 28, 2018 -$258;8A9 $150,000 On or before January 28, 2019 - $258;998 $150,000 On or before January 28, 2020 - $259;8A9 $150,000 On or before January 28, 2021 - $259;9A8 $150,000 On or before January 28, 2022 - $25&998 $150,000 On or before January 28, 2023 -$250,999 $150,000 On or before January 28, 2024 -$258;9A8 $150,000 On or before January 28, 2025 -$250,89A $150,000 On or before January 28, 2026 -$25&A99 $150,000 On or before January 28, 2027 -$150,000 On or before Januarv 28, 2028 -$150,000 On or before Januarv 28, 2029 -$150,000 On or before January 28, 2030 -$150,000 On or before Januarv 28, 2031 -$150,000 On or before January 28, 2032 -$150,000 On or before Januarv 28, 2033 -$150,000 On or before January 28, 2034 -$150,000 2. The "Maturity Date" shall be January 28, 242-6 2034. 3. All other terms and conditions of the Note shall remain as provided in the Note. WITNESS the following signatures. VIRGINIA BEACH RESCUE SQUAD, INC. Title: Date: CITY OF VIRGINIA BEACH, VIRGINIA City Manager or designee Date: APPROVED AS TO CONTENT: Title: Date: APPROVED AS TO LEGAL SUFFICIENCY: Title: Date: `T Z 4 E >? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Franchise Agreement for up to Five (5) Years for the Use of an 80-foot Strip of Public Right-of-Way Along the North Side of 21 St Street for Valet Services MEETING DATE: November 25, 2014 ¦ Background: Owners of several restaurants located on Atlantic Avenue contacted the City of Virginia Beach (the "City") requesting valet services be made available to their patrons from mid-September to mid-May. As with similar valet services at the Oceanfront, City staff issued a Request for Quotation ("RFQ"), soliciting proposals to perform a valet service that would include the City's grant of a franchise for an 80-foot portion of public right-of-way along the north side of 21 St Street (the "Franchise"). City staff received one qualified response and recommends awarding the Franchise to East Coast Valet Company, LLC (the "Valet Provider"). ¦ Considerations: The term of the Franchise would be one (1) year, with four (4) one-year renewal options. Valet services will be limited to operating befinreen September 15th and May 15th of each year. The proposed valet area is not currently utilized for public parking. During the summer months, this area is utilized by the Police Department as a parking area for police and other public safety vehicles, as needed. The valet services will be available for use by the general public without regard to the intended destination of the person using the service. Further conditions of the Franchise are set forth in the Summary of Terms attached to the Ordinance. ¦ Public Information: The public hearing was advertised in The Virginian-Pilot, as required by §15.2-1800 of the Code of Virginia, and advertisement of City Council Agenda. The public hearing was held on November 18, 2014. Adoption of the Ordinance awarding the Franchise was deferred at that time. ¦ Alternatives: Approve terms of the Franchise as presented, modify terms of the Franchise, or decline to enter into the Franchise. ¦ Recommendations: Approval ¦ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: City Manage . ? Strategic Growth Area /Resort Management Office?* 4r , 0?ft 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A FRANCHISE 3 AGREEMENT FOR UP TO FIVE (5) YEARS 4 FOR THE USE OF AN 80-FOOT PORTION 5 OF PUBLIC RIGHT-OF-WAY ALONG THE 6 NORTH SIDE OF 21ST STREET FOR VALET 7 SERVICES 8 9 WHEREAS, the City has been approached by the owners of several restaurants 10 located on Atlantic Avenue requesting that valet services be available as an amenity to 11 their patrons and surrounding businesses from mid-September to mid-May; 12 13 WHEREAS, City staff solicited proposals to perform a valet service that would 14 include the City's grant of a franchise for an 80-foot portion of public right-of-way along 15 the north side of 21 St Street for use as a valet station and queuing area (the "Property"); 16 17 WHEREAS, one qualified and responsive proposal was received and evaluated, 18 and City staff recommends that a franchise be awarded to East Coast Valet Company, 19 LLC for one (1) year, with four (4) one-year renewal options (the "Franchise 20 Agreement"); 21 22 WHEREAS, the Franchise Agreement shall include a provision allowing use of 23 the Property for valet services between September 15th and May 15th only, and other 24 terms, conditions and limitations set forth in the Summary of Terms attached hereto as 25 Exhibit A. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager, or his designee, is hereby authorized to execute a 31 franchise agreement for a term of one (1) year, with four (4) one-year renewal options, 32 with East Coast Valet Company, LLC, in accordance with the Summary of Terms 33 attached hereto as Exhibit A and made a part hereof, and such other terms, conditions, 34 and modifications as may be acceptable to the City Manager and in a form deemed 35 satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on this 38 day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LZ -vV Strategic Growth Area / Resort City Attorney Management Office CA12980 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D024\P017\00157385.DOC R-1 November 13, 2014 EXHIBIT A SUMMARY OF TERMS 215t STREET - VALET FRANCHISE AGREEMENT FRANCHISOR: City of Virginia Beach (the "City") FRANCHISEE: East Coast Valet Company, LLC PREMISES (VALET AREA): An 80-foot portion of public right-of-way along the north side of 21 St Street, starting twenty (20) feet west of Atlantic Avenue TERM: Initial term: Begins upon approval of Franchise Agreement and ends May 15, 2014. Four (4) additional one-year renewal terms: Begin September 15th and end May 15th of each year. FRANCHISE FEE: $2,000 per term RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use the Premises for the provision of valet services, and for no other purpose. • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Indemnify the Franchisor for any and all damages to persons and property in connection with the perFormance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. • Pay all applicable federal, state, and local taxes in connection with the Franchise. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • City has the right to terminate the Franchise for any reason with thirty (30) days' written notice to Franchisee. • City has the right to terminate the Franchise immediately for any violations of law, safety, health standards or regulations. i 'o? 2 ? z .?-?°?°°-'- ,...•-?-'?-"? I a r•., ?? O ? '? G w K.,.- ? ? ' `-? ,,,,.- ^--?"t •y p,??,p` , _. CJ ( ) r' . _ .o '-,- N ? .•?+` 1 ? . ???w? G?? ,? -. " N t ? Q lp?? , _ -- y . ? . ' . i CD CD W ? } ?. Cra. - ? ? a) t? C17 ? co F- ? a? ILcn __. w ,? U7 ? aotH ?+s ? i: p• ? dJ C. ? ? .4 . i N {^J I O O ? . . O C7 ? ? d ? ` I ,LU °? ` o Q ?? cO c?e? . v -o"?} ? -:t ? C`+('D tr o ? ar ? Z ???; 1= ? ? ?y !? a- CV QD ..<t Q . x co ? ry ? C-4 a ? O fj i I y- Z L : a, ? ? T I11 ? ?-- .. O - ? vf ' f v ` ? + ,T ?'' ? .. o Cn i n7 - - ? L CA1 ? ? ? 4 ? a} ? co ? ? ? N Vo J ?M ? Qp C"V T d O] t' ? d '?' / ' ? 1 h? i ? - ~ V S d Cti r 4 , y ? ? m CN x ? O ^ ? ? = N ' C-4 i ? co m z F- o J - - _ ? r ? O m L Q ' - I ? rJ - CL ,0: LL O Ctil _ ., - x m O O ? . -. -. -..- .. . .. ° - ij ? ' O m '-' ? I v ? ?yorr, '? ? I sa r? ? MCN ? S ? ? ns r,? f?j OD ?S6 OD I? p cv m u rC V N ?'"p 3 CV O W ° '. }4 o ? ??'• y af? ? ? ? /• ? ? lrtJ .. o ? Q} CD rA OD S .. ,i . QQ L i ? (G Lfi co l ,? • r .:• ? , .. ? ti O ? r . ro ? CV x 06 '-'a ?' • ? ? - ? ' +ti .. - I 6 y i'J 1 O ?w ry ? ? ' ? ° . ..m, -4-°'--- ?oU- , ti CD , .. . . ' .( l y_ y ?;...: ?•, .? tf l. .. _ ? l? i ? , "` ? ? I ?I e't a ?•?,. J CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance to Accept and Appropriate a Grant from Keep Virginia Beautiful MEETING DATE: November 25, 2014 ¦ Background: The Department of Parks and Recreation has been informed of the award of $1,000 in grant funds toward purchase of recycling containers for Little Island Signature Park. This award is the result of the efforts of the Virginia Beach Clean Community Commission, which applied for the Keep Virginia Beautiful (KVB) 30 Grants in 30 Days Program to purchase recycling containers to expand the City Park System Recycling Program. This funding will assist Parks and Natural Areas with their goal to expand the City Park System Recycling Program to all Major City Parks and Park Facilities by Summer 2015. ¦ Considerations: This grant does not have a match requirement. ¦ Public Information: Public information will be coordinated through the City Council agenda process. ¦ Recommendations: Adopt the attached ordinance to accept the grant and appropriate funds. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager: 71?? ? ?ar-,? 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT FROM KEEP VIRGINIA BEAUTIFUL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a grant from Keep Virginia Beautiful in the amount of $1,000 is hereby accepted and appropriated, with estimated revenues increased accordingly, to FY2014- 15 Operating Budget of the Department of Parks and Recreation to expand recycling opportunities at Little Island Signature Park. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. 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 anagement Services ' CitLr Bt or ' Off ice CA13162 R-1 November 12, 2014 I. PLANNING l. Application of ALFRED W. and VICTORIA S. MORDECAI, TRUSTEES OF 'I'IIE MORDECAI REVOCABLE TRUST for Enlargement of a NonconformingiUse Permit, (approved May 12, 2009) re addition of a driveway and parking spaces at 5504 Ocean Front Avenue DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of LARAE TUCKER and PMIG 1012, LLC for Modification of a Conditional Use Permit re fuel sales at a Convenience Store (Modified May 1, 1989) at 841 South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 3. Applications of GENERAL BOOTH STORAGE ASSOCIATES, LLC and MARK IV INVESTMENTS, INC. (approved June 10, 2003) at 1744 General Booth Boulevard and 1188 Edison Road DISTRICT 7 - PRINCESS ANNE a. Conditional Change of Zoning from AG-2 Agricultural District to B-2 Coinmunity Business District b. Modification of a Conditional Use RECOMMENDATION: re indoor storage of recreational vehicles APPROVAL 4. Application of ST. LUKE CATHOLIC CHURCH and the ROMAN CATHOLIC DIOCEST for Modification of Condition No. 5 of a Conditional Use Permit (approved January 26, 2010) re extending the use of existing portable trailers on-site at 2304 Salem Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of T-MOBILE NORTHEAST, LLC and DOMINION VIRGINIA POWER for a Conditional Use Permit re a wireless Communications Tower at 1948 South Independence Boulevard DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 5504 Ocean Front Avenue (GPIN 2419806525) and Owned by Alfred W. and Victoria S. Mordecai / Trustees of the Mordecai Revocable Trust. COUNCIL DISTRICT - LYNNHAVEN. MEETING DATE: November 25, 2014 ¦ Background: On May 12, 2009, the City Council approved an Enlargement of a Nonconforming Use for this property, allowing the addition of a second and third floor to the house as it was at that time, as well as an addition to the garage apartment on the site. The dwellings were and are nonconforming because two dwellings on one lot are not allowed within the R-5R Residential Resort District. Based on City Council's 2009 approval, the applicant constructed the proposed additions to the dwellings. In 2013, the property was sold to the current applicant, who desires to make a slight alteration to the site for the purpose of installing a driveway, including two on-site parking spaces. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." ¦ Considerations: The parking area will be located at the southwest corner of the lot, south of the existing garage. The area is currently a raised lawn that is retained by a concrete wall with a stucco veneer and stone-covered corners. The top of the retaining wall has an aluminum wrought-iron style fence. The applicant will remove the lawn area, grade the area to the level of Ocean Front Avenue, and install the driveway and parking spaces. The surface of the parking spaces will consist of permeable pavers, and the driveway apron will be stamped concrete. The south side of the driveway will abut a portion of the existing retaining wall and fence that will be remain in place. There are currently no on-site parking spaces; therefore, the addition of the two spaces will result in the property meeting minimum parking requirements. Alfred & Victoria Mordecai Page 2 of 3 ¦ Recommendations: Staff concludes that the proposed enlargement to the existing nonconforming use is reasonable and will be as appropriate to the zoning district as is the existing nonconforming use. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. The conditions attached to the approval of an Enlargement of a Nonconforming Use for Robert Burke (provided below as Conditions 2 and 3), approved by the City Council on May 5, 2009, remain in effect with the exception of the following: The alteration of the site at 5504 Ocean Front Avenue for the purpose of adding two (2) on-site parking spaces shall be substantially in conformance with the submitted plans entitled "SURVEY/DEMO PLAN" and "IMPROVEMENT PLAN" (NON- CONFORMING USE EXHIBIT for ALFRED W. MORDECAI & VICTORIA S. MORDECAI,") dated 7/29/2014. 2. The proposed additions shall substantially conform to the submitted site development plan entitled "NON-CONFORMING USE EXHIBIT FOR BURKE RESIDENCE, #5504 OCEAN FRONT AVENUE", dated March 17, 2009, and prepared by WPL Landscape Architects, Land Surveyors, Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The proposed additions shall substantially conform to the submitted building elevations entitled "SCHEMATIC DESING FOR ADDITION TO BURKE RESIDENCE, VIRGINA BEACH, VIRGINIA", dated March 16, 2009, and prepared by Lyall Design Architects. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. ¦ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Depa entl cy: Planning City Manage : Departmen November 25, 2014 City Council Hearing APPLICANTS & PROPRTY OWNERS: ALFRED W. & VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST STAFF PLANNER: Stephen J. White REQUEST: EnlarQement of a Nonconforminq Use ADDRESS / DESCRIPTION: 5504 Ocean Front Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24198065250000 LYNNHAVEN 12,000 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backqround On May 12, 2009, the City Council approved an Enlargement of a Nonconforming Use for this property, allowing the addition of a second and third floor to the house as it was at that time, as well as an addition to the garage apartment on the site. The dwellings are nonconforming because two dwellings on one lot are not allowed within the R-5R Residential Resort District. The applicant at that time indicated the home was constructed in the 1940's by the Eisenhower family. City real estate records for the site only go back to 1953, but do indicate improvements were on the site at that time. Based on City Council's 2009 approval, the applicant constructed the proposed additions to the dwellings. ALFRED W. & VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST NOVEMBER 25, 2014 CITY COUNCIL HEARING Page 1 •zw?.r c?ro.s?wr.., q? y.n r?o.aw qMerafion to Noncon/orming Use In 2013, the property was sold to the current applicant, who desires to make a slight alteration to the site for the purpose of installing a driveway, including two on-site parking spaces. There are currently no on- site parking spaces; therefore, the addition of the two spaces will result in the property meeting minimum parking requirements. The addition of the parking spaces is considered an Enlargement of a Nonconforming Use, since the use of the lot remains nonconforming, and the proposed parking spaces were not shown on the site plan conditioned with the 2009 approval. Details The parking area will be located at the southwest corner of the lot, south of the existing garage. The area is currently a raised lawn that is retained by a concrete wall with a stucco veneer and stone-covered corners. The top of the retaining wall has an aluminum wrought-iron style fence. The applicant will remove the lawn area, grade the area to the level of Ocean Front Avenue, and install the driveway and parking spaces. The surface of the parking spaces will consist of permeable pavers, and the driveway apron will be stamped concrete. The south side of the driveway will abut a portion of the existing retaining wall and fence that will be remain in place. EVALUATION AND RECOMMENDATION The applicant is requesting approval of an Enlargement of a Nonconforming Use. The specific request consists of the installation of a driveway and parking spaces. An extensive Enlargement to a Nonconforming Use, approved by City Council in 2009, did not provide for on-site parking spaces. The current applicant purchased the property in 2013, and desires to have on-site parking spaces. Staff finds that the design and placement of the on-site parking spaces is appropriate and consistent with the other properties in the immediate area. Accordingly, the proposed alteration is reasonable, will have a minimal impact, and will be as appropriate to the district as the existing nonconformity. The request, therefore, is acceptable with the conditions below. CONDITIONS 1. The conditions attached to the approval of an Enlargement of a Nonconforming Use for Robert Burke (provided below as Conditions 2 and 3), approved by the City Council on May 5, 2009, remain in effect with the exception of the following: The alteration of the site at 5504 Ocean Front Avenue for the purpose of adding finro (2) on-site parking spaces shall be substantially in conformance with the submitted plans entitled "SURVEY/DEMO PLAN" and "IMPROVEMENT PLAN" (NON-CONFORMING USE EXHIBIT for ALFRED W. MORDECAI & VICTORIA S. MORDECAI,") dated ALFRED W. & VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST NOVEMBER 25, 2014 CITY COUNCIL HEARING Page 2 7/29/2014. 2. The proposed additions shall substantially conform to the submitted site development plan entitled "NON-CONFORMING USE EXHIBIT FOR BURKE RESIDENCE, #5504 OCEAN FRONT AVENUE", dated March 17, 2009, and prepared by WPL Landscape Architects, Land Surveyors, Engineers. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The proposed additions shall substantially conform to the submitted building elevations entitled "SCHEMATIC DESING FOR ADDITION TO BURKE RESIDENCE, VIRGINA BEACH, VIRGINIA", dated March 16, 2009, and prepared by Lyall Design Architects. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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. ALFRED W. & VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAt REVOCABLE TRUST NOVEMBER 25, 2014 CITY COUNCIL HEARING Page 3 ?.. R ? ? ?,?o??aa6 o?'a ?. ? *t- i-_ .., y- w? AERIAL OF SITE LOCATION ? ?, ?..:... -. s.:.-;n:?:. ?,- :•.?' r- = ALFRED W. & VI TRUSTEES OF THE MORDEC, NOVEMBER 25, 2014 C ? F ? 9 ? ?oF OUR ' NYId 0W 30/A3A!lf1S . • ?+ x 3 j 8???A $$$ O y ? ra rJm? ? ?au vrr? w ?uiv <. a 7 . q ?.. .- 931 ?!j' ,?l??I? Q?',!lti? S?•i??? H j g s ,• n? i < d auN?''u? - Y OF1YA3'M10B ,711NY71Y - ` ? -- - --- ` k' ? ut+ , ? Oy ; _ ? ? I NN .. ? w I I I ` ? ?e ?> S ,{e ^?' ? w! p I ? I p S i d1 ? , . ° a ? ? ' ? ? ? I' •y, , ,,, .. ? ° - x.? •. .? :? 14 r?r ? I -- - Arwn v Nrr.so -- -- ---- I SURVEY OF SITE SHOWING DEMOLITION BFq ? ALFRED W. & VIC TRUSTEES OF THE MORDEC NOVEMBER 25, 2014 C ??F OUR NAt?? ,? NYld1N?'73AOtldWI e Ri;,y?:??! O s ..?.. ,.? ...w .. __.... __ _ . ._..?... . . . . __. `-_ -I ? ? ep c et ? ' ? ? ? ? Z ? ? ? SURVEY OF SITE SHOWING PROPOSED IMPROVEMENTS ALFRED W. & VICTORIA S. M ORDEC TRUSTEES OF THE MORDECAI REVOCAB LE TRl NOVEMBER 25, 2014 CITY COUNCIL HEARI Pac ,?? . 2 ga W U 0 LOF-4 pw sooc 7. rACC 130 aft rn-a?w» PU NM-b-MY ? s ? SURVEY OF SITE SHOWING PROPOSEDIMPROVEMENTS lA•BF;yc-?1 ALFRED W. & VI TRUSTEES OF THE MORDEC NOVEMBER 25, 2014 C tpr-: pw ? v. Ma ?m? OR N1f-?-?it b ur pea oaV. rworr mor+[ ? rssar nwc IAW srm No nm 9ac -?? Pa, ?S ????? ?'U?F ? APPL.ICANT DISCLOSURE I If the applicant is a corporation, partnership, firm, business, or other unincorporated ? organization, complete the following: ? 1. List the applicanf name followed by the names of a(I officers, rnembers, trustees, parfners, etc. below: (Attach tist if necessary) G j Alfred W. & Victoeia S. Mardecai, Trusfees af the Mordecai Revocabfe 7rust I ? 2. List ali businesses that have a parent-subsidiary' or affiiiated business entity2 relationship with the applicant: (Attach tisf if necessary) i jF7 Gheck here if the applicant is NC7Ta corporatian, partnership, firm, business, or other unincarporated organizatian. PRQPERTY OWNER DfSCLOSURE Cornp/ete this section only if;vroperty ovuner is different from appiicant. If the property owner is a corporation, partnership, firm, business, or other ? unincorporated organization, complete the following: 1. Lisf the property owner name folfowed hy the names of all officers, members, ? trustees, pariners, etc. below: (t1 tfacn iist if necessary) , i ? 2. List alI businesses #hat have a parent-subsidiary' ar affiiliated business enfit relatianship with the applicanf: (Attach list if nPcessary) yz ? ? I ? Check here if the property owner is NGT a corparation, partnership, firm, business, ar other unincorporated organi2a#ion. ? &`j See ne? page for foo:notes Does an official or em loyee of the City of Virginia Beach have an interest in the subjecf land? Yes No 17X I# yes, whaf is the name of the official or empfoyee arid the nature af fheir interest? DISCLOSURE STATEMENT ALFRED W. & VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST iVOVEEMBER 25,2014 CiTY i,OUPvCiL HEARING Page 8 ADDITIONAL D{SCLOSURES List ali known contractors or businesses that have or will provide services with respect to the requested property use, including but nat limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) WPL Sykes, 8ourdon, Ahern & 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." 5ee State and Local Gavernment Confiict af Interests Act, Va. Code § 2.2-3103. z"Affiliated husiness entity relationship" means "a relationship, atherthan paren#- subsidiary relationship, that exists when (i) ane business entity has a controiling ownership interest in the other business entity, (ii) a controlling owner in one entity is a(so a cantroliing owner in the other entity, ar (iii) there is shared management or controi between the business entities. Factors thai should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the seme person own or managP the two entities; there are common cr commingled funds or assets; the business entities share the use of the same offices or employees ar othenrvise share acfivlties, resources or personnei on a regular basis; or there is otherwise a close working re(afionship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 22-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. i undersiand fhat, upon receipi of notificaiion {pastcaru} thaf the appJication has been scheduled fo; public hearing, I am responsibie for o6taining 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 empiayees of the Department of Planning to photograph and view the site far purposes of processing and evaluating this application. 6'_`; Alfred W. Mordecai, Trus'Lee App icanfs Signature Print Name Gd-AkeCt4 Victoria S. Mordecai, Trustee Property Owner's Signature ( diff erent than applicant) Print Name ! ? 6 1 ? ? 1 ? B i ? ? ?. ! 8 a ? DISCLOSURE STATEMENT ALFRED W. & VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST NQVEMBER 25, 2014 GlTY COUNCIL HEARING Page 9 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 5504 OCEAN FRONT AVENUE 4 5 WHEREAS, Alfred W. and Victoria S. Mordecai / Trustees of the Mordecai 6 Revocable Trust, (hereinafter the "Applicant") have made application to the City Council 7 for authorization to enlarge a nonconforming use located at 5504 Ocean Front Avenue 8 in the R-5R Residential Resort District by installing a driveway and two (2) on-site 9 parking spaces; and 10 11 WHEREAS, this lot currently contains two single-family dwellings, which is not 12 allowed in the R-5R Residential Resort District; and 13 14 WHEREAS, the dwellings were built prior to the adoption of the applicable zoning 15 regulations and are therefore nonconforming; and 16 17 WHEREAS, on May 5, 2009, the City Council authorized by resolution an 18 Enlargement of a Nonconforming Use for this property, and the site plan that was a 19 condition of the authorization did not show the driveway and two (2) on-site parking 20 spaces; and 21 22 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 23 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 24 City Council authorizing such action upon a finding that the proposed use, as enlarged, 25 will be equally appropriate or more appropriate to the zoning district than is the existing 26 use; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Council hereby finds that the proposed use of the lot, as enlarged, 32 will be equally appropriate to the district as is the existing nonconforming use under the 33 conditions of approval set forth herein below. 34 35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 36 BEACH, VIRGINIA: 37 38 That the enlargement of the nonconforming use is hereby authorized, upon the 39 following conditions: 40 41 1. The conditions attached to the approval of an Enlargement of a 42 Nonconforming Use for Robert Burke (provided below as Conditions 2 and 3), 43 approved by the City Council on May 5, 2009, remain in effect with the 44 exception of the following: 45 46 The alteration of the site at 5504 Ocean Front Avenue for the purpose of 47 adding two (2) on-site parking spaces shall be substantially in 48 conformance with the submitted plans entitled "SURVEY/DEMO PLAN" 49 and "IMPROVEMENT PLAN" (NON-CONFORMING USE EXHIBIT for 50 ALFRED W. MORDECAI & VICTORIA S. MORDECAI,") dated 7/29/2014. 51 52 2. The proposed additions shall substantially conform to the submitted site 53 development plan entitled "NON-CONFORMING USE EXHIBIT FOR BURKE 54 RESIDENCE, #5504 OCEAN FRONT AVENUE", dated March 17, 2009, and 55 prepared by WPL Landscape Architects, Land Surveyors, Engineers. Said 56 plan has been exhibited to the City of Virginia Beach City Council and is on 57 file in the Planning Department. 58 59 3. The proposed additions shall substantially conform to the submitted building 60 elevations entitled "SCHEMATIC DESING FOR ADDITION TO BURKE 61 RESIDENCE, VIRGINA BEACH, VIRGINIA", dated March 16, 2009, and 62 prepared by Lyall Design Architects. Said elevations have been exhibited to 63 the City of Virginia Beach City Council and are on file in the Planning 64 Department. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: $. *ip?a ment Ci ty Aftd y's Off ice CA13163 R-2 November 13, 2014 2 NORTH VIRGINIA BEACH CIVIC LEAGUE ZONING REVIEW COMMITTEE MEMO Members of City Council City of Virginia Beach November 14, 2014 Re: Application of Alfred W. Mordecai and Victoria S. Mordecai Trustees of the Mordecai Revocable Trust for a Change in Non-Conformity at 5504 Oceanfront Avenue, Unit # 1, GPIN No: 2419-80-6525, Lynnhaven District The North Virginia Beach Civic League's (NVBCL) Zoning Review Committee (ZRC) has reviewed the merits of this application and sunports the request with the following response: The applicant's consultant circulated a site plan for the referenced project to the NVBCL ZRC. The proposed project was warmly received as an attribute to the parking problems that exist at the North End along Oceanfront Avenue. We support the application as presented. Members of the North Billy Almond Willy Fluharty Mary Lee Harris Dave & Mickey Jester Duff Kliewer Jo Anne Moore Ron Pearson Martin Waranch Holli Wachtmeister Gerrie West John Wilson Holly Jenison Virginia Beach Civic League's Zoning Review Committee: 209 - 70th Street (abstaining) 303 - 49t" Street 216 - SSt" Street 200 - 63rd Street 205 - 77`h Street 300 - SSth Street 6204 Ocean Front 111 - 66th Street 209 - 43`d Street. 217 - 75th Street 444 Goodspeed Road 303 - 53rd Street ? .? ? V ? ? O ? ? .? S.? 0 C? ? ? ? pz ? ? Z W Q Z Z J ? ? a? ? .? c 8 ? 0 a w c 0 w i ? w ? Q 0 .o ? e a d u ? ya ? oa : ? ? P ? ? ? ? u ? 3 o? e "e H f04 : ? (4? 77 1 CITY OF VIRGINIA BEACH ? AGENDA ITEM ----- - - - - - - ----- -__ ? ITEM: LARAE TUCKER (Applicant) / PMIG 1012, LLC (Owner), Modification of Conditions of a Use Permit for Fuel Sales in Conjunction with Convenience Store (originally approved on March 9, 1970 and modified on May 1, 1989). 841 South Military Highway (GPIN 1456157110). COUNCIL DISTRICT - KEMPSVILLE. MEETING DATE: November 25, 2014 ¦ Background: The applicant is requesting a Modification of Conditions of a Conditional Use Permit originally approved on March 9, 1970 (Gasoline Sales Station). The purpose of the modification is to allow the site to be redeveloped with a 7-Eleven convenience store, including fuel sales. ¦ Considerations: The 7-Eleven store will consist of 3,020 square feet of floor area. The exterior of the building will be wrapped with two types of Nichiha° fiber cement panels that alternate in color befinreen Nichiha's° `Light Brown' and `Vintage Brick.' The building design includes high parapet walls with metal caps that would screen rooftop mechanical equipment on all sides. The submitted architectural elevation depicts the entrance to the convenience store facing S. Military Highway (southeast). The redevelopment of this site will improve the aesthetics of the site, while also reducing the impervious surface area within the Chesapeake Bay Preservation Area. The applicant is proposing a 9.7 percent reduction in impervious cover, which will reduce pollutant loading on this site, which is located immediately adjacent to tidal wetlands that are part of the Eastern Branch of the Elizabeth River watershed. The proposal is generally consistent with the Comprehensive Plan's land use policies for this Suburban Focus Area, as the proposed redevelopment will renovate a site that has remained essentially unchanged for decades. The site plan and building elevations are consistent with the Retail Establishment and Shopping Center Ordinance Guidelines through the limitation of the amount of signage on the site, the variation of the building materials to add architectural interest, the provision of a pedestrian path to connect the store to the sidewalk, and the accommodation of cyclists by providing bicycle parking. The proposed landscaping plan will preserve desirable trees already existing on the site, remove non-native trees (palms), and will provide new trees and shrubs LARAE TUCKER Page2of3 that will improve the streetscape along S. Military Highway and Indian River Road. Further details pertaining to the proposed development, as well as Staff's evaluation of the request, 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. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled "Military Highway & Indian River Road, CUP Layout Plan" prepared by Blakeway Corporation and dated 09/18/2014. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the landscaping on the site shall be developed substantially in conformance with the submitted plan entitled 7-Eleven 841 S Military Hwy Virginia Beach, VA" prepared by G.I. Joseph Vaughn and dated 09/19/2014. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any of these conditions or as necessary to comply with applicable City development ordinances and standards, the building and canopy shall be constructed in substantial conformance with the elevations entitled 7-Eleven Store Site No. 140060" prepared by K2M Design and dated 09/30/2014, except that the materials shown in the elevations as "Nichiha Fiber Cement Panel" shall be replaced with brick masonry. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. The dumpster enclosure as well as the base of any freestanding sign shall be constructed of materials that match the brick veneer used for the store. 5. No outdoor vending machines and/or display of inerchandise shall be allowed. LARAE TUCKER Page 3 of 3 6. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall be depicted on the final site plan. 7. The site shall comply with the Preliminary Project Request Letter for the site dated 06/30/2014, and shall achieve at least a 10 percent reduction in the pollutant loading on the site. 8. A Lighting Plan and/or Photometric plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole- mounted and building-mounted lighting fixtures and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 9. Only one vacuum shall be allowed on the site. It shall be screened with evergreen plant material of a size and species acceptable to the Development Services Center's Landscape Architect. The existing vacuums existing on the site in excess of the allowed one shall be removed. This shall be depicted on the final site plan. 10. All sidewalks in the public rights-of way that are removed during construction shall be replaced in accordance with Public Works Standards. ¦ Attachments: Staff Report 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 . k7)8? KEMnsviue .Iap a-? Larae iucKer os es 82*°?r R?R 4 = a , I Rp `'?\._ -RIo R;O' ? . R1li' •*?. - B2 ? /OfiNOLN -? ? Bz ; RIo J~ R10 h' ?.iw ce,ar?+n?aF... os«? sn.?.v?aro,? Automobik Service in Conjunetlon wdh Convenienee Storc 2 October 8, 2014 Public Hearing APPLICANT: LARAE TUCKER PROPERTY OWNER: PMIG 1012, LLC STAFF PLANNER: Graham Owen REQUEST: Modification of Conditions of a Use Permit for Fuel Sales in Conjunction with Convenience Store (originally approved on March 9, 1970 and last modified on May 1, 1989). ADDRESS / DESCRIPTION: 841 S. Military Highway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14561571100000 KEMPSVILLE 0.97 acres Less Than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant is requesting a Modification of Conditions of a Conditional Use Permit originally approved on March 9, 1970 (Gasoline Sales Station). The purpose of the modification is to allow the site to be redeveloped for a 7-Eleven convenience store with fuel sales. The site has been in use for fuel sales since the initial Conditional Use Permit in March 1970. A second Use Permit was obtained in March 1988 to allow the redevelopment of the site for fuel sales, convenience store, and drive-through car wash. In May 1989, the Use Permit was modified again to allow a fuel canopy structure. The applicanYs current proposal to redevelop the site constitutes a significant change from the 1989 Modification; therefore, the Use Permit must be modified again. Based on the number of modifications of the original Use Permit, and the degree of redevelopment of the site associated with the applicanYs proposal, Staff concludes that as part of this current modification, past conditions that remain relevant will be consolidated and included as part of the conditions below. LARAE TUCKER Agenda Item 2 Page 1 Details Site Plan - The applicant is proposing to develop a 3,020 square foot 7-Eleven convenience store with fuel sales. The existing fuel canopy will remain on site; however, the applicant will upgrade the existing canopy by removing a portion that connects the fueling stations to the existing store, wrapping the canopy supports with brick veneer, and refurbishing the fascia. The existing car wash building will be removed from the site, and the proposed dumpster would be located on the southern side of the building in approximately the same location as the existing dumpster. The southwest portion of site is encumbered by a 12-foot ingress/egress easement controlled by the adjacent property owners. This area, as well as the portion of the property along the northwest property line, is also encumbered by drainage and utility easements of varying widths. With the exception of some small shrubs, the footprint of the proposed development is completely outside of these easement areas. Access, Circulation, and Parkinq - Vehicles would access the site from two curb cuts, one on S. Military Highway and one on Indian River Road. The applicant is proposing to construct a right-turn lane on S. Military Highway in order to accommodate the projected increase in traffic that the redeveloped site would generate. There are existing sidewalks along both roads, and the applicant will be required to replace any sidewalks that are removed during the construction of the right-turn lane. The proposed site plan shows a 5-foot pedestrian path linking the sidewalk along Indian River Road to the store. Bicycle parking is shown on the plan along the north-facing wall, and should be able to accommodate six bicycles at a time. The plan shows 13 vehicle parking spaces, ten in front of the store and three adjacent to the ten- foot landscaping buffer along S. Military Highway. These three spaces are existing on site, and do not interfere with the turning contours depicted on the plan. The plan also depicts one motorcycle parking spot between the entrance along S. Military Highway and the three parallel vehicle parking spaces. Landscapinq - The site currently contains small palm trees and a PVC fence within the ten-foot landscaping buffer. The proposed redevelopment will remove these features, and replant the buffer with appropriate street-frontage trees and shrubs. Several mature crepe myrtles and other trees throughout the site would be retained. The submitted landscaping plan depicts foundation landscaping along the two building facades facing S. Military Highway and Indian River Road. Also, the applicant has proposed a row of small shrubs along the southwest curb. The proposed dumpster and freestanding monument sign will be screened and accompanied by ornamental landscaping respectively. Stormwater - The submitted site plan does not specifically show how stormwater will be handled on the site. The topographic survey conducted for the site plan indicates that the proposed convenience store would sit on the highest portion of the site. Stormwater would, therefore, run across the parking lot in the direction of the two curb cuts. The proposed site plan reduces the current impervious area on the site by 9.7%. Architectural Elevations and Sipnape - The submitted architectural elevations depict a prototype 7-Eleven convenience store with an "industrial" theme similar to the applicant's site on Haygood Road that was approved by City Council on 06/17/2014. The exterior of the building will be wrapped with two types of Nichiha° fiber cement panels that alternate in color between Nichiha's° 'Light Brown' and 'Vintage Brick.' The building design includes high parapet walls with metal caps that would screen rooftop mechanical equipment on all sides. The submitted architectural elevation depicts the entrance to the convenience store facing S. Military Highway (southeast). The design includes a prefinished, bronze-colored aluminum canopy with matching downspouts and window trims. The building elevation facing Indian River Road (northeast) shows two brick archways trimmed with high impact exterior insulation finishing system (EIFS) painted to match the light fixtures and parapet caps. Building-mounted lighting will reflect downward and onto the building to reduce glare. The existing canopy over the fueling stations will be refaced with white LARAE TUCKER "Agenda ItOm 2 Page 2 trim, and will have no signage or striping other than 3' x 3' 7-Eleven corporate logos on each side of the canopy. The canopy supports would be wrapped with brick veneer to match the building. The sign package also indicates the installation of one eight-foot high monument sign with LED changeable fuel prices. The base of the sign will include a brick veneer, matching the other brick veneer used on the building and canopy supports. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Gas station with convenience store and car wash SURROUNDING LAND North: . Indian River Road USE AND ZONING: • Business Center with offices and church / B-2 Community Business District • Tributary of the Elizabeth River South: . Undeveloped parcel, largely consisting of the river tributary and tidal wetlands; a billboard is located adjacent to the roadway / B-2 Community Business District East: • S. Military Highway • Pharmacy / B-2 Community Business District West: • Undeveloped parcel, largely consisting of the river tributary and tidal wetlands; a billboard is located adjacent to the roadway / B-2 Community Business District NATURAL RESOURCE AND A majority of the site, including the proposed convenience store and CULTURAL FEATURES: associated construction, appears to be located within the 50-foot seaward and 50-foot landward buffer portions of the Chesapeake Bay Preservation Area (CBPA). The applicant submitted a Preliminary Project Request (PPR) letter prior to submitting the Conditional Use Permit, and the development may be administratively approved as a redevelopment during detailed site plan review if a 10 percent pollutant load reduction is achieved. The northwest and southwest edges of the property appear to be located in the special flood hazard area, but all of the proposed improvements on the site appear to be located outside of this area. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being Iocated within Suburban Focus Area 8- Military Highway Corridor. This area includes both sides of Military Highway. The general pattern of land uses along this corridor has remained essentially unchanged for decades. North of Indian River Road, the western side of S. Military Highway consists of a low to medium density residential area and to the eastern side largely consists of light industrial uses including auto and truck sales, rentals and repairs, outdoor storage, and warehousing. The land along S. Military Highway south of Indian River Road is used and zoned for commercial purposes. New and redeveloped uses should improve the aesthetic of this corridor through high quality building design, signage, and landscaping. Applicable Design Guidelines: The planning principles for the Suburban Area are reinforced by Special Area Development Gurdeliraes ` LARAE TUCNCER Agenda lt6m 2 Page 3 for Suburban Areas in the Comprehensive Plan's Reference Handbook, and address both site and building design. These design guidelines should be applied to this development, as appropriate, to improve the quality of the physical environment. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): S. Military Highway at this location is a six-lane divided major urban arterial. The Master Transportation Plan recommends a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service D. Indian River Road at this location is a six-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service D. No Roadway Capital Improvement Program projects are programmed for this area. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume S. Military Hwy. 29,430 ADT 26,300 ADT (Level of Existing Land Use - Service "C") 1,348 ADT 42,100 ADT' (Level of Proposed Land Use 3 Service "D" - 4,341 Indian River Rd. 29,635 ADT 26,300 ADT (Level of Service °C') 42,100 ADT' (Level of Service "D" Average Daily Trips Z as defined by gas service station - 8 fueling positions 3 as defined b convenience store with as umps - 8 fuelin positions WATER AND SEWER: This site currently connects to city water. The existing 1-inch water meter (City ID #95125382) may be used or upgraded to accommodate the proposed development. This site currently connects to city sewer via Pump Station #410. EVALUATION AND RECOMMENDATION The applicant's proposal to redevelop this site with a convenience store and fuel pumps will improve the aesthetics of the site, and also reduce impervious surface area within the Chesapeake Bay Preservation Area. The applicant is proposing a 9.7 percent reduction in impervious cover, which will reduce pollutant loading on a site located immediately adjacent to tidal wetlands and a tributary of the Eastern Branch of the Elizabeth River. The proposal is generally consistent with the Comprehensive Plan's land use policieE for this Suburban Focus Area, as the proposed redevelopment will renovate a site that has remained essentially unchanged for decades. The site plan and building elevations are consistent with the Retail Establishment and Shopping Center Ordinance Guidelines by limiting the amount of signage on site, ,RAE TUCKER Agenda Item 2 ° Page 4 varying the building materials to add architectural interest, providing a pedestrian path to connect the store to the sidewalk, and accommodating cyclists by providing bicycle parking. The proposed landscaping plan will preserve desirable trees already existing on the site, remove non-native trees (palms), and will provide new trees and shrubs that will improve the streetscape along S. Military Highway and Indian River Road. Additionally, the row of low shrubs along the southwest curb will physically separate the development from the easement areas adjacent to top of bank, which may help to reduce the litter that is currently accumulating in this area. Given these considerations, and based on Staff's overall evaluation of the proposal, apqroval of the applicant's request with the conditions below. As noted at the beginning of this report, based on the number of modifications of the original Use Permit, and the degree of redevelopment of the site associated with the applicanYs proposal, Staff concludes that as part of this current modification, past conditions that remain relevant will be consolidated and included as part of the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled "Military Highway & Indian River Road, CUP Layout Plan" prepared by Blakeway Corporation and dated 09/18/2014. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the landscaping on the site shall be developed substantially in conformance with the submitted plan entitled "7-Eleven 841 S Military Hwy Virginia Beach, VA" prepared by G.I. Joseph Vaughn and dated 09/19/2014. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any of these conditions or as necessary to comply with applicable City development ordinances and standards, the building and canopy shall be constructed in substantial conformance with the elevations entitled 7-Eleven Store Site No. 140060" prepared by K2M Design and dated 09/22/2014. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. The dumpster enclosure as well as the base of any freestanding sign shall be constructed of materials that match the brick veneer used for the store. 5. No outdoor vending machines and/or display of inerchandise shall be allowed. 6. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall be depicted on the final site plan. 7. The site shall comply with the Preliminary Project Request Letter for the site dated 06/30/2014, and shall achieve at least a 10 percent reduction in the pollutant loading on the site. 8. A Lighting Plan and/or Photometric plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be unifiorm LARAE TUC?ER ' Agenda Itom 2 Page 5 throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 9. Only one vacuum shall be allowed on the site. It shall be screened with evergreen plant material of a size and species acceptable to the Development Services Center's Landscape Architect. The existing vacuums existing on the site in excess of the allowed one shall be removed. This shall be depicted on the final site plan. 10. All sidewalks in the public rights-of way that are removed during construction shall be replaced in accordance with Public Works Standards. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an 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 / Developmenf Services Center and Deparfinent 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 Deparfinent for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ? '? ?`? , . 4/ f • ?. ? ? Y 1 ??.. • ?? ?''':?. . li . k ? r ^i Via ? d , ? AERIAL OF SITE LOCATION AND SURROUNDING AREA LARAE TUCKER Agenda Item 2 Page 7 ? 1 r. T. ? .. p .vyx. M ? - . ? .al?? .{s •? ? . , ?fK?!'?•1 ? ? lI 4t.?- -_ 1 ? / .? ? .. ? ~ ?1 ? ? ? o 0 ? • ( AERIAL OF SITE LOCATION ; , y 1 ; LARAE TUCKER Agenda Item 2 Page 8 g ai ? ? ?+ N b- g c F ilii 1; M°M° 9 ? Z e ??7 3 iS•?: ??•e' , r ' .?_ ? ._• ,•? '. s.. ? • Y • - ,? ,} .. a AI, ,? g .. ; ? a . t- ?r s apy ??R « \ PROPOSED SITE PLAN (Condition 1) . . . a . . _ ? _3 ? ?. ?. ?. . ?. ?. . . ? ? ? ? ? . .. z.. t ? - -- ?? • et r , _ - " - i ? ?? ?'°"'R ' "'r'` %?'%'?' t? - ???' - ?????? ? s S r??? 1 PROPOSED LANDSCAPING PLAN ! .g ` I I : . ? K?. I ? C = LL Z 'S \ O a? i! ?? ?? •?' t. _ > ? '. Z w ? n ? °: o ?., Z . w ? U= w - ., . . .. 1 p ? ? . 4..:i?? ? ,I = ; ... . .. .`. ? I :I?3= ?i?• , Q . ? W Z Z ? O ? 1 f N Q ? w . ? w cr S ? y q,7 p55 a'. ¢ 9 1?6 i ? s e ,3 Yi@ fit ??` w j ? \ 1 _? PROPOSED BUILDING ELEVATIONS AND SIGNAGE (Condition 3) 'LARAE TUCKER 4 Agenda Item 2 Page 11 ' LUNING FilS I UKY # DATE REQUEST ACTION 1 05/01/1989 Modification of Conditions (Fuel Canopy) Approved 03/14/1988 Conditional Use Permit (Fuel Sales, Convenience Store, and Car Approved Wash) Approved 03/09/1970 Change of Zoning (C-L1 Limited Commercial to C-G1 General Commercial District) Approved 03/09/1970 Conditional Use Permit Gasoline Suppl Station 2 11/27/2007 Conditional Use Permit (Car Wash) Approved 02/13/1999 Change of Zoning (I-1 Light Industrial to B-2 Community Business Approved District 3 05/22/2001 Conditional Use Permit (Church Expansion and Day Care) Approved 01/27/1998 Conditional Use Permit (Church and School) Approved 03/11/1968 Conditional Use Permit (600-seat Movie Theater) Approved 09/05/1961 Change of Zoning (R-S3 Suburban Residential to C-L1 Limited Commercial District 4 02/08/1988 Conditional Use Permit (Billboard) Approved 08/04/1984 Conditional Use Permit (Billboard) Approved 06/16/1975 Conditional Use Permit (Billboard A roved ? .,w-M,-?.._. I ? ? I LARAE TUCKER Agenda Item 2 Page 12 _ _ ?? I EXISTING SITE CONDITIONS :TUCKER nda Item 2 Paqe 13 _ , . ? a EXISTING SITE CONDITIONS (PAVEMENT IN FOREGROUND TO BE REMOVED) LARAE TUCKER Agenda Item 2 Page 14 ? ? ? ? ? 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 Irst if necessary) Larae Tucker - Vertical Construction Managament, Micheal Montgomery, Simon Massey, TK Keen. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete fhis 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: (Attaci? list if necessary) PMG 1012, LLC is the property owner which is a wholly owned subsidiary of Petroleum Marketing Investment Group LLC which is owned by Abdolhossein Eitemai 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Petroleum Marketing Investment Group, 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 emooyee of the City of Virginia Beach have an interest in the subject land? Yes No R If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT LARAE TUCKER Agenda Item 2 Page 15 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or witl 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) Blakeway Corporation- Site Engineering (Virginia Beach, Virginia) Vertical Construction- Building Engineering (Southlake, Texas) K2M Design - Architecture (Rogers, Arkansas) G. I. Joseph Vaughn - Landscaping (Little Elm, Texas) Stephen Romine, LeClair Ryan - Legal (Norfolk, Virginia) '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va Code § 2.2-3101. Z"Affiliated business entiry 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 beiween 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 othervvise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcarci) 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. AAkLmdwl AQYp"nt's Signature • ?-- C? Prope y Owner's Signature (i kifferent than applicant) barac Tuckir Print Name - li-=- 1 1 Print Name ,t, q r ? ? / ? F ? ? ? ? / r L r I.- 0 c ? ? ? ? ? ? ? ? ? ` DISCLOSURE STATEMENT LARAE TUCKER Agenda Item 2 Page 16 Item #2 Larae Tucker Modification of a Conditional Use Permit 841 South Military Highway District 2 Kempsville October 8, 2014 CONSENT An application of Larae Tucker for a Modification of Conditions of a Use Permit for Fuel Sales in Conjunction with Convenience Store (originally approved on March 9, 1970 and last modified on May 1, 1989) on property located at 841 S. Military Highway, District 2, Kempsville. GPIN: 14561571100000. CONDITIONS With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled "Military Highway & Indian River Road, CUP Layout Plan" prepared by Blakeway Corporation and dated 09/18/2014. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the landscaping on the site shall be developed substantially in conformance with the submitted plan entitled "7-Eleven 841 S Military Hwy Virginia Beach, VA" prepared by G.I. Joseph Vaughn and dated 09/19/2014. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any of these conditions or as necessary to comply with applicable City development ordinances and standards, the building and canopy shall be constructed in substantial conformance with the elevations entitled "7-Eleven Store Site No. 140060" prepared by K2M Design and dated 09/30/2014, except that the materials shown in the elevations as "Nichiha Fiber Cement Panel" shall be replaced with brick masonry. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. The dumpster enclosure as well as the base of any freestanding sign shall be constructed of materials that match the brick veneer used for the store. 5. No outdoor vending machines and/or display of inerchandise shall be allowed. Item #2 Larae Tucker Page 2 6. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall be depicted on the final site plan. 7. The site shall comply with the Preliminary Project Request Letter for the site dated 06/30/2014, and shall achieve at least a 10 percent reduction in the pollutant loading on the site. 8. A Lighting Plan and/or Photometric plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non- business hours. 9. Only one vacuum shall be allowed on the site. It shall be screened with evergreen plant material of a size and species acceptable to the Development Services Center's Landscape Architect. The existing vacuums existing on the site in excess of the allowed one shall be removed. This shall be depicted on the final site plan. 10. All sidewalks in the public rights-of way that are removed during construction shall be replaced in accordance with Public Works Standards. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approved item 2. AYE 10 NAY 0 BROCKWELL AYE HODGSON AYE HORSLEY INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 2 by consent. Item #2 Larae Tucker Page 3 Steve Romine appeared before the Commission on behalf of the applicant. C O w v ? ? O V N U , L ? ? ? ? .Q ? ? ? Q W J J 5: N 0. ?? "T1' ., ,??u+u aF'-M r,. n*•' ••a,Hy 'c: , ?i CITY OF VIRGINIA BEACH AGENDAITEM ITEM: GENERAL BOOTH STORAGE ASSOCIATES, LLC (Applicant) / MARK IV INVESTMENTS, INC. (Owner), Chanqe of Zoninq (AG-2 Agricultural District to B-2 Community Business District) and Modification of a Conditional Use Permit (Self-Storage) approved by the City Council on 6/10/2003. 1744 General Booth Boulevard and the lot to the rear (north) of 1188 Edison Road (GPINs 2415438059; 2415427828). COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: November 25, 2014 ¦ Background: The subject site consists of a self-storage business, and is located adjacent to an existing K-Mart shopping center along General Booth Boulevard. In 2003, the City Council approved a Change of Zoning and a Conditional Use Permit for a childcare operation and an approximately 110,000 square foot self-storage facility on this site. To date, the childcare business has not come to fruition. The applicant's current request is to rezone a 0.35-acre site at the southern end of the self-storage facility for the purpose of adding it to the self-storage operation. The specific purpose of the addition will be for indoor storage of recreational vehicles (RVs). ¦ Considerations: Vehicular ingress/egress is provided on General Booth Boulevard via an existing easement. As the proposed buildings will become part of the self-storage operation, access will be through the existing gated drive aisles. A 55-foot wide drive aisle is proposed between the two new structures in order to provide safe maneuvering of the RVs that will be stored inside. The architectural design and exterior materials differ from that of the existing self-storage buildings constructed in 2004. The submitted elevations depict prefinished metal vertical and horizontal panels as well as details such as accent trim and decorative medallions to add interest to the fagade. A Category VI landscape buffer, which consists of a six-foot high fence with evergreen shrubs, is required around the perimeter of self-storage units, and the required buffer is depicted on the plan. There is an existing stormwater management facility on the site that serves this property as well as the shopping center to the north. Further details pertaining to the proposed development, as well as Staff's evaluation of the request, are provided in the attached staff report. GENERAL BOOTH STORAGE ASSOCIATES Page 2 of 3 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. In addition to the conditions below, all conditions of the Conditional Use Permit for self-storage approved by the Virginia Beach City Council on June 10, 2003, shall remain in effect. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit entitled, "Modification of Conditions and Rezoning Exhibit, Property Owned by Mark IV Investment, Inc.," prepared by Site Improvements Associates, Inc., dated September 9, 2014, which has been exhibited to the City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the architectural design elements and exterior building materials for the facades of the new two self-storage buildings depicted on the exhibit identified in Condition #2 above shall be substantially in conformance with the submitted elevations entitled, "Conceptual Design: Self Storage Facility Expansion," prepared by RRMM Architects," dated September 11, 2014, which have been exhibited to the City Council and are on file in the Planning Department. 4. No barbed wire, razor wire, or electrified fences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property. 5. The installation of chain-link fencing shall not be permitted on the site. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 7. There shall be no electric powered or diesel powered generators or generators fueled by any other source of energy located outside of any building. GENERAL BOOTH STORAGE ASSOCIATES Page 3 of 3 8. The storage units shali be used only for storage of non-hazardous goods. 9. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department , ?, City Manager. l/' ORINCE8S ANNE General Booth Storage 10 7 n?ao m Sr.a? L >75dBLdn a2f' . 82* ?-•'• ? ,,,, 1 ??,? $ ti .. e r AGt tR'W,•?, ' fy ?_ ? ,????z ,ti? I ?; _ Ati2 ,noz 1 NGi,; ? . .••• 7o-7s dl? L 11' R5D' 7 7 A17 •zoftw eww+w?.v,on... oo.. sPae. n?oia. Modi/icetion o/ CUP Conditions Zoniny Cbanpe fnwn AG-2 to B-2 ??1 October 8, 2014 Public Hearing APPLICANT: GENERAL BOOTH STO RAG E ASSOCIATES, LLC PROPERTY OWNER: MARK IV INVESTMENTS, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: (a) Conditional Chan4e of Zonina (AG-2 Agricultural District to B-2 Community Business District) (b) Modification of a Conditional Use Permit (Self-Storage) approved by the City Council on 6/10/2003 ADDRESS / DESCRIPTION: 1744 General Booth Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24154278280000 PRINCESS ANNE 0.359 acres REZ Greater than 75 & 70 - 24154380590000 4.459 acres CUP 75 d6 DNL BACKGROUND / DETAILS OF PROPOSAL Backqround The subject site consists of a self-storage business, and is located adjacent to an existing K-Mart shopping center along General Booth Boulevard. In 2003, the City Council approved a Conditional Change of Zoning and a Conditional Use Permit for a childcare operation and an approximately 110,000 square foot self-storage facility on this site. To date, the childcare business has not come to fruition. The current request is to rezone a 0.35-acre site at the southern end of the self-storage facility for the purpose of incorporating it into the self-storage operation, specifically for indoor storage of recreational vehicles (RVs). Details Vehicular ingress/egress is provided on General Booth Boulevard via an existing easement. As the proposed buildings will become part of the self-storage operation, access will be through the existing gated drive aisles. A 55-foot wide drive aisle is proposed between the two new structures in order to GENERAL BOOTH STORAGE ASSOCIATES, LLC Agenda Item 6 Page 1 provide safe maneuvering of the RVs that will be stored inside. The architectural design and exterior materials differ from that of the existing buildings. The submitted elevations depict prefinished metal vertical and horizontal panels as well as details such as accent trim and decorative medallions to add interest to the farade. A Category VI buffer, a six-foot high fence with evergreen shrubs, is required around the perimeter of self-storage units; the required buffer is depicted on the plan. There is an existing stormwater management facility on the site that serves this property as well as the shopping center to the north. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant, wooded parcel, and self-storage facility SURROUNDING LAND North: . Self-storage, mixed retail / B-2 Community Business District USE AND ZONING: South: . Single-family dwellings / AG-2 Agricultural District East: • Self-storage, woods / B-2 Community Business District, AG-2 Agricultural District West: . Restaurant, retail / B-2 Community Business District NATURAL RESOURCE AND This predominately wooded site is within the Southern Watersheds CULTURAL FEATURES: Management Area. The majority of the trees are not of exceptional size. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): General Booth Boulevard at this location is a four-lane major arterial, controlled-access roadway. There are no CIP Roadway projects programmed for this section of General Booth Boulevard. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic General Booth 32,700 ADT 32,500 ADT (Level of Existing Land Use - Boulevard Service "C") - 37,100 10 ADT ADT' (Level of Service Proposed Land Use 3- "E" 13 ADT Average Daily.7rips GENERAL BOOTH STORAGE ASSQGIATES; LLC - Agenda Item 6 Page 2 as defined by agricultural site 3 as defined b 0.35 acres of self-stora e WATER & SEWER: This site currently connects to City water and to City sanitary sewer. There is an existing eight-inch City water line and an existing eight-inch City gravity sanitary sewer line that run along the west of this site within a 20-foot and a variable width Public Utility easement. The existing one-inch meter and the existing eight-inch fire meter may be used or upgraded to accommodate the expansion. Analysis of Pump Station #602 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION This Change of Zoning request from AG-2 Agricultural District to B-2 Community Business District and the accompanying Modification of Conditions request to expand the self-storage facility is recommended for approval. In Staff's view, the expansion, designed to complement the existing structures, is compatible with the existing area with respect to type, size, intensity, and relationship to the surrounding uses. Access to the proposed site is via the storage facility through the existing shopping center, in keeping with the controlled-access designation for General Booth Boulevard. This property is located within the General Booth Boulevard Corridor, which is primarily commercial in nature. The Comprehensive Plan suggests that specific attention should be directed at ensuring adequate buffering of uses from adjacent residential neighborhoods. The proposed plan accomplishes this in large part due to an existing 105-foot wide drainage and impoundment easement along the eastern property line. This drainage easement, combined with an intervening AG-2 zoned parcel, places the self-storage buildings nearly 300 feet from the residentially zoned properties. Based on this, Staff's opinion is that the project is consistent with the recommendations within the Comprehensive Plan for this area. Staff recommends approval of the Change of Zoning and the Modification of the Conditional Use Permit, subject to the conditions listed below. CONDITIONS 1. In addition to the conditions below, all conditions of the Conditional Use Permit for self-storage approved by the Virginia Beach City Council on June 10, 2003, shall remain in effect. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit entitled, "Modification of Conditions and Rezoning Exhibit, Property Owned by Mark IV Investment, Inc.," prepared by Site Improvements Associates, Inc., dated September 9, 2014, which has been exhibited to the City Council and is on file in the Planning Department. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the architectural design elements and exterior building GENERAL BOOTH STORAGE ASS4CIATES; LLC Agenda Item 6 Page 3 materials for the facades of the new two self-storage buildings depicted on the exhibit identified in Condition #2 above shall be substantially in conformance with the submitted elevations entitled, "Conceptual Design: Self Storage Facility Expansion," prepared by RRMM Architects," dated September 11, 2014, which have been exhibited to the City Council and are on file in the Planning Department. 4. No barbed wire, razor wire, or electrified fences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property. 5. The installation of chain-link fencing shall not be permitted on the site. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 7. There shall be no electric powered or diesel powered generators or generators fueled by any other source of energy located outside of any building. 8. The storage units shall be used only for storage of non-hazardous goods. 9. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. NOTE: Further conditions may be required during fhe administration of applicab/e City Ordinances and Standards. Any site p/an submitted with this application may require revision during defailed site plan review to meet all applicab/e City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of P/anning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning 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 sife. A, . , GENERAL BOOTH STORAGE ASSQ(;IATESLC " ',,Agenda Ite'n 6 Pa?e 4 AERIAL OF SITE LOCATION VA ':B,?R GENERAL BOOTH STORAGE ASSOCIATES, LLC Agenda Item 6 Paae 5 --•---?-_.? ti ?t ? .,.' ?? 1 ( ??? --- f -- J E M? l =*= ! (A/a os) OV021 NOSIq3 ? t l ?i ?? ff ?.? ? ? ? (i ? ? ? ?s + r : 1gs???sR ?i PROPOSED SITE LAYOUT (Condition 2) ? !I GENERAL BOOTH STORAGE ASSOCIATES, LLC I,Agenda Item 6 Page 6 2 +S . •w«..? ? ? . A 1-7 -D -- ? - - ? - - - ?- -- ? ??. co - - ? ? {Y " -_ -- ? U ? .30' x zas• e,sso 51 7:h I f., O "? ' ' '; fos ? I ? ? oo ?-- ? ? Q , ?? ?? ```. ? •;y i ???_ > C? t • t' ' N ? ? ? J j 0 (U ? L N'V p n 0 aci CURRENTLY APPROVED SITE LAYOUT ? I ? ?1 jIA??BFA?,?.? ? GENERAL BOOTH STORAGE AS )CIATES, LLC Agenda Item 6 Page 7 ---- ? ? i L ? d e0 d N ? ? ++ r0 ?-l I ? z ? + ?! N ? Li ? o, ?i c O "I NI CI U f0 LL v ac ? ? 0 N ? GJ N ? N \N ii f? U °z ? I. EXISTING BUILDING AND DESIGN OF PROPOSED STORAGE BUILDINGS (Condition 3) GENERAL BOOTH STORAGE =S, LLC a Item 6 Page 8 ? ? 01 ? ? u C w :2N W c oC O F AI Nx ? W W u 8 LL 32 ? L ? O ? N d ? `D a1 ? N 2 . LU fA 0 ? M 0 '..? ? M i d1 EXISTING BUILDING AND DESIGN OF PROPOSED STORAGE BUILDINGS (Condition 3) GENERAL BOOTH STORAGE '.? Agenda Item 6 Paae 9 i ZONING HISTORY # DATE REQUEST ACTION 1 08/19/14 Expansion to Nonconformin Use Granted 2 05/25/10 06/10/03 Conditional Use Permit (communication tower) Change of Zoning (AG-1 and AG-2 to Conditional B-2) Conditional Use Permit self-stora e Granted Granted Granted 3 07/13/04 Conditional Use Permit reli ious facilit Granted 4 01/12/99 Conditional Use Permit auto repair Granted BEA, A-4?. GENERAL BOOTH STORAGE ASSOCIATES, LLC Agenda Item 6 Page 10 DISCLOSURE STATEMENT FOR REZONING (includes only the 0.359 acre parcel) apPLMCaNr oiscLasuRE If fhe applicant is a corporation, partnership, firm, business, or other unincorporated arganizafion, complete the foliowing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Aftach list if necessary) Gensrai Booth Storage Associates, LLC - W. Craig Allen 2. List ali businesses tha# have a parent-subsidiary' or affiliated business entity2 relatianship with the applicant: (Attach list ifnecessary) ? Check here if the appficant is NOT a corporation, partnership, firm, business, or ather unincorporated organizat'ron. PRGPERTY 01MNER DISCI.OSURE Compfete this section onfy if property owner is different from applr'cant. If the proper#y owner is a corparatian, partnership, firm, business, or ofher unincorporated organization, complete the following: 1. List the properky owner name follawed by the names of all officers, members, trustees, partners, etc. below: (Aftach list if necessary) Mark IV Investments - Stuart Jones - (Applicant has Purchase Agreement with Mark IV Investments - attached) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 reEationship with the applicant: (Attach list if necessary) ? Check here if the property owner is N{17' a carparation, partnership, firm, busfness, ar other unincorporated organization. & See next page for footnotes oes an official or emp(oyee of?Ci#y of Virginia Beach have an interest in the abject land? Yes ? No ? yes, what is the name of the official or employee and the nature of #heir interest? GENERAL BOOTH STORAGE ASSOCIATES, LLC Agenda Item 6 Page;11 DISCLOSURE STATEMENT FOR REZONING (0.359 acre parcel) ADDITIONAL DlSCLOSURES List all known cantractors or businesses that have or will provide services with respect ' to the requested property use, including but not limited #o the providers of architectural serrrices, real estate services, financia( services, accaunting services, and legal services: (Attach list if necessary) Site Improvement Associates, Inc. RRMM Architects Thalhimer Commercial Real Estate '"Parent-subsidiary relationship" means "a rela#ionship ihat exists when one corporatian directly or incfirec#ly owns shares pvssessing more than 50 percent of the uoting power of another corparation." See Sfate and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary ralationship, that exists when (i) one business enfity has a controlling awnership interesf in the other business entity, (ii) a contralling awner in one entity is also a controlling owner in the a#her entity, or (iii) there is shared management ar control between the business entities. Factors that should be considered in determining the existence af an affiliated business entity relationship include that the same person or substantially the same persan own or manage the two entities; there are common or commingled funds ar assets; the business entifies share the use of the same offices or employees or othenuise 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 Inferests Act, Va. Gade § 2.2=3101. CERTtFICATION; I certify that the informa#ivn contained herein is true and accurate. I understand fhat, upan receipt af notification (postcard) that the application has been scheduled for public hearing, I am respansibfe for obtaining and pasting !he required sign on the subject property at ieask 30 days prior tn the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject proparty by employees of the Department of Planning to photograph and visw the si#e for purposes of proCessing and evaluating this application. &zae?= //W W. Craig Allen ? See attached Purchase Agreement with Print Name Mark IV Investments - attached) Property Owner's Signature (if different than applicant) Print Name GENERAL BOOTH STORAGE ASSOCIATES, LLC Agenda Item 6 Page,12 DISCLOSURE FOR MODIFICATION OF CONDITIONS (4.1 acres owned by applicant combined with 0.359 acres of rezoned site = 4.459 acres) APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete ttte follawing: 1. List the applicastt name followed by the names of aif officers, members, frustees, partners, etc. below: (Attaeh list if necessary) Genera( Boatfi Storage Associates, LLC - W. Craig AClen (owns 4.1 acres GPIN 2415-43-8059) 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach Irsf if necessary) None ? Check here if the applicant is NOT a carporation, partnership, firm, business, vr other unincorporated organization. PROPERTY OWNER DISCLOSURE Gomplete fhis section only if property owner is different from applicant. ff the property owner is a carporatian, partnership, firrn, business, or other unincorporated organization, cornplete the fiallowing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Affach list if necessary) Mark IV Inves#ments, Inc. - Stuart Janes (0.35 acres GPIN 2415-42-782$) General Brsottr Storage Associate$, L,LC - W. Cralg A,IIert (awns 4.1 acres GPIN 2415-43-8059) ! 2. List all businesses that have a parent-subsidiary' or affiliated business enti relationship with the applicant: (Attach list if necessary) F] Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorparated organization. & See next page for footnotes Does an official or em loyse af the Gi#y of Virginia Beach have an interest in the subjecf land? Yes No X, If yes, what is the name of the official or emplayse and the nature of their interest? GENERAL BOOTH STORAGE ASSC)CIATES, LLC - Agenda Item 6 Page;13 DISCLOSURE FOR MODIFICATION OF CONDITIONS ADDfT10FJAL DISCLOSURES List all known contractors or businesses that have ar will provide services with respect ta the requested property use, €ncluding but not limited to the providers of architectural services, real estate senrices, financial services, accounting services, and legal services: (A#tach fist if necessary) Site Improvement Associates, Inc RRMM Architects Thalhimer Commercial Real Estate `"Parent-subsidiary relatronship" means "a relationship that exists when one carporation directiy or indirectly owns shares possessing more than 50 percent of the vnting power of another carporatian." See State and Laca1 Government Canflict of Irtterests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" means °a relatianship, other than parent- subsidiary relationship, that exists when (i) orte business entity has a contrnlling ownership interest in the other business entity, (ii) a contrnlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or contro( between the business entities. Factors that shnuld be cansic3ered in determining the existence o€ an affiliated business entsty relationship include that the same person or substantially the same person own or manage the two entities; there are common or cammingled funds or assets; fhe business entities share the use of the same offices or emp(oyees ar 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. CERT1FfCATIONc 1 eertify that the information contained herein is true and accurate. I understand that, upon receipt of nofification (postoard) that the applicatinn has been scheduled for public hearing, I am responsible for obtaining and posting the required sign nn the subject prnperty at least 30 days prinr to the scheduted public hearing according to the instructions in this paclcage. The undersigned also consents to entry upon the subject property by emplayees of the Dspartment of Planning ta photograph and view the site for purposes of processing and evaiuating this appfication. Appiicant"s Signature See attached Purchase Agreement ? Property Owner's Signature (if different than applicant) W. Craig ANen Print Name Pnnt tJame 1 1 ? ? ? 1 ? ? GENERAL BOOTH STORAGE ASSOCIATES, l.LC Agenda Item 6 Page,14 SALES AGREEMENT THIS AGREEMEN'P, Mada this 2t day of March, 2014 by and between MARK N DnESTMENT5, TNC, (hcreinafter referred to as "SeAer"), the first party; GEIVERAL BOOTH STOItAGE ASSOCIATES, LLC, (hereinafter referred to as "$nyer"), tho second party; and TAALTTIMER (hereineftcr re&rred to as "Agent"), the third parry; WITNESSEZ`H That for and in consideration of ttte suttt of Ona Thousand and OtiJlQti Dollars ($1,000.00) (herein referred ta as the "Degosit") by cheek in hsnd paid, and other good and valuable wnsideration, the reecipt of which is htreby acknowledged, SeCler agrees ro sell and Buyer agrees to buy, ac the pcice and upon the terms, provisions and condikioas hereinafter set forth, the fallowing described property (hereinafter referred to as the "Property"), to wit: Appzoximately thirty five tenths (.35) acres, more or less, and idenlified by the City of Virginia Beach, Virginia by GPIN Number 2415-42-7828-OflOp 1. The purchase price of the 1'mperty shalt be .... 5,6j19J" 41r![.1T.dL `fi ^I, ?bs.,?.?.?.,.ttr»"?'s r?US? ?-`z '?aS... -c,? $T" ? r4,?.+?'F7? p` rtpi?tsM+? ?y.?, t+.l?.??L"+.'w?+?? T?u4+ ?s te.y?Cle--'4 I vamFw tlla f4I14Wing Sigxtufusrs: Ii+IC' SLfYXR: GEiVIUAL BtDOTII S+o.n:Pr.. ASSOAA LLC BY t:iaig en Uate:_ „:?3111 't AGEMrs THALBiMER IIy: ?y Pt?toai By: Etic nme Amociaft Assaclatc Ilate: -?; 3' 1 1 _ _ _ 3t I /V GENERAL BOOTH STORAGE ASS4CIATES, LLC Agenda Item 6 Page,15 Item #6 General Booth Storage Associates, L.L.C. Conditional Change of Zoning Modification of a Conditional Use Permit 1744 General Booth Boulevard and the lot to the rear (north) of 1188 Edison Road District 7 Princess Anne October 8, 2014 CONSENT An application of General Booth Storage Associates, L.L.C. for (a) Conditional Change of Zoning (AG-2 Agricultural District to B-2 Community Business District); and (b) Modification of a Conditional Use Permit (Self-Storage) approved by the City Council on 6/10/2003 on property located at 1744 General Booth Boulevard, District 7, Princess Anne. GPIN: 24154278280000; 24154380590000. CONDITIONS 1. In addition to the conditions below, all conditions of the Conditional Use Permit for self- storage approved by the Virginia Beach City Council on June 10, 2003, shall remain in effect. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit entitled, "Modification of Conditions and Rezoning Exhibit, Property Owned by Mark IV Investment, Inc.," prepared by Site Improvements Associates, Inc., dated September 9, 2014, which has been exhibited to the City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any other conditions of this Use Permit or as a result of the formal permitting process, the architectural design elements and exterior building materials for the facades of the new two self-storage buildings depicted on the exhibit identified in Condition #2 above shall be substantially in conformance with the submitted elevations entitled, "Conceptual Design: Self Storage Facility Expansion," prepared by RRMM Architects," dated September 11, 2014, which have been exhibited to the City Council and are on file in the Planning Department. 4. No barbed wire, razor wire, or electrified fences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property. 5. The installation of chain-link fencing shall not be permitted on the site. Item #6 General Booth Storage Associates, L.L.C. Page 2 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 7. There shall be no electric powered or diesel powered generators or generators fueled by any other source of energy located outside of any building. 8. The storage units shall be used only for storage of non-hazardous goods. 9. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approve item 6. AYE 9 NAY 0 ABS 1 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 9-0-1, with the abstention so noted, the Commissioner approved item 6 for consent. Mark Ricketts appeared before the Commission on behalf of the applicant. ? ? ? ? a F•? ? ? ? O Q :., W Z Z a N N W 0 Z i a H O ? ? O V j ? 0 c 0 ? a ? C O .r O E ? a d ? ? ? C d oa ? ? P C O ? ? 0 c? 3 C C N i f 64 ? io V4?? CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: ST. LUKE CATHOLIC CHURCH (Applicant) / ROMAN CATHOLIC DIOCESE (Owner), Conditional Use Permit (Expansion of Religious Facility - Portable Trailers). 2304 Salem Road (GPIN1484153136). COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: November 25, 2014 ¦ Background: The original Conditional Use Permit for a church was granted on January 9, 1989. An additional Conditional Use Permit for the addition of a school was approved on November 27, 1990. As the church and the associated school expanded, a modification was approved in 2010, based on the church's and school's need for additional offices and classroom space. That modification included the use of three portable trailer units, which are located behind the main church building, and are not visible from public view along Salem Road. Condition 5, however, of the 2010 Modification of Conditions limits the use of the portable structures to five years. The church and school continue to grow, and the applicant continues to have need of the portable trailer units. Thus, the applicant is requesting an extension of the time limit. ¦ Considerations: When the 2010 modification was approved to allow portable units on the site for a maximum of five years, the church believed that they would have ample time to raise funds to construct a new main church building and convert the existing building into classrooms, office space, and a multipurpose room. Unfortunately, the church's fund raising efforts have fallen short of their goal. Accordingly, the applicant now requests that the existing portable units be permitted to remain on- site for an additional five years. While the applicant has installed only two units on the property, the 2010 Modification of Conditions allowed three units, and the applicant plans on adding the third unit to accommodate the existing growth. Further information pertaining to the proposed development, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ST. LUKE CATHOLIC CHURCH Page 2 of 2 ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with of the Conditional Use Permit granted by the City Council on November 27, 1990 shall remain in effect. 2. The portable structures, limited to three, shall be located on the site as depicted on the plan entitled, "SITE LAYOUT PLAN OF ST. LUKE CATHOLIC CHURCH." 3. The portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit. 4. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of each portable unit to screen the under-carriage. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division, as applicable. A Certificate of Occupancy shall be obtained before occupancy of any structure, as applicable. 6. The portable structures are considered temporary and shall be permitted on the site for no more than five years from the date of approval by City Council. After that time, the structures shall be removed from the site. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ^''"?J k- , l? PRINCESS ANNE _ - - , - -- -- - ? `h , R15 R15 (l'd8 n02 I 4a' October 8, 2014 Public Hearing APPLICANT: ST. LUKE CATHOLIC CHURCH PROPERTY OWNER: ROMAN .1-0?-., .??..?.?..,? CUP ,o,Re,;9;0u5U=e= CATH OLI C na -?«.r an r.we w DIOCESE STAFF PLANNER: James McNamara & Carolyn A.K. Smith REQUEST: Conditional Use Permit (Religious Use) ADDRESS / DESCRIPTION: 2304 Salem Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14841531360000 PRINCESS ANNE 8.62 acres Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL Backqround The original Conditional Use Permit for a church was granted on January 9, 1989. An additional Conditional Use Permit for the addition of a school was approved on November 27, 1990. As the church and the associated school expanded, a modification was approved in 2010, based on the church's and school's need for additional offices and classroom space. That modification included the use of three portable trailer units. The property consists of a main church building that fronts Salem Road and two trailer portable units that are behind the church, on the northeast side of the site. These portable classrooms have allowed the church to offer educational services for its parishioners. The portable units are single-story structures that are not visible from Salem Road. The structures have wooden handicap ramps at their entrances and a vinyl covering that screens the under-carriage. ST. LUKE CATHOLIC CHURCH Agenda Item 4 Page 1 Details As part of the modification approved in 2010, three portable classrooms were permitted to be placed on the site. The conditions of the 2010 Modification of Conditions are as follows: 1. All conditions with of the Conditional Use Permit granted by the City Council on November 27, 1990 shall remain in effect. 2. The cabana and the portable structures, limited to three, shall be located on the site only as depicted on the plan entitled, "SITE LAYOUT PLAN OF ST. LUKE CATHOLIC CHURCH," dated September 30, 2009. 3. The portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structures. 5. The portable structures are considered temporary and shall be permitted on the site for no longer than five years from the date of approval by City Council. After that time, the structures shall be removed. The church and school continue to grow, and the applicant continues to have need of the portable trailer units. Condition 5, however, limits the use of the portable structures to five years. Thus, the applicant is requesting an extension of the time limit. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Religious use SURROUNDING LAND North: . Cultivated field and large-lot single-family dwelling / R-15 USE AND ZONING: Residential District • Farther north is a single-family residential community / Conditional R-7.5 Residential District South: . Salem Road • Rural residential with cultivated field / R-15 Residential District • Single-family residential community / R-15 Residential District East: • Cultivated field and large-lot single-family dwelling / R-15 Residential District • Lisban Road • Cultivated field / R-15 Residential District • Baseball fields / AG-1 Agricultural District West: . Large lot single-family dwelling / R-15 Residential District • Cultivated field / R-15 Residential District NATURAL RESOURCE AND This property is located in the Southern Watershed. There are no CULTURAL FEATURES: known significant natural resources or cultural features associated with the site. ST. LUKE CATHi31.IC CHU.h"tCH 5 ,Agenda It?rn 4 Pags 2 COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Salem Road at this location is a two-lane undivided minor suburban arterial. The Master Transportation Plan recommends a four-lane facility within a 145-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. No Roadway Capital Improvement Program projects are currently programmed for this area. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Salem Road 3,510 ADT 13,600 ADT (Level of Existing Land Use - Service "C") - 16,200 740 Sunday ADT ADT' (Level of Service Proposed Land Use 3 "E" - 740 Sunda ADT Average Daily Trips Zas defined by church and three portable classrooms 3 as defined by church and three portable classrooms - no change expected WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMMENDATION When the 2010 modification was approved, allowing portable units on the site for a maximum of five years, the church believed that they would have ample time to raise funds to construct a new main church building and convert the existing building into classrooms, office space, and a multipurpose room. Unfortunately, the church's fund raising efforts have fallen short of their goal. Accordingly, the applicant now requests that the existing portable units be permitted to remain on-site for an additional five years. While only two units are present on the property, the 2010 Modification of Conditions allowed three units, and applicant plans on adding the third unit to accommodate growth. The units are behind the main church building, and are thus not visible from public view along Salem Road. Staff recommends approval subject to the conditions below. ST. LUKE CATHt3i1C CHU] Agenda Iti H 4 Page 3 CONDITIONS 1. All conditions with of the Conditional Use Permit granted by the City Council on November 27, 1990 shall remain in effect. 2. The portable structures, limited to three, shall be located on the site as depicted on the plan entitled, "SITE LAYOUT PLAN OF ST. LUKE CATHOLIC CHURCH." 3. The portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit. 4. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of each portable unit to screen the under-carriage. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division, as applicable. A Certificate of Occupancy shall be obtained before occupancy of any structure, as applicable. 6. The portable structures are considered temporary and shall be permitted on the site for no more than five years from the date of approval by City Council. After that time, the structures shall be removed from the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Deve/opment Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work wifh the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strafegies as they perfain to this site. ST. LUKE CATHt?LIC CHU#iCH }' ?Agenda It?rn 4 Page 4 ` ? ? '?•?.?.;, A s?. ] a W ;N ? ? ?1?7 ` i , ?? ? •. ?- , .• i` - .. . r, .0&r X-x x ? ,:>? ? •.,?,'? , AERIAL OF SITE LOCATION I ST. LUKE CATHOLIC CHURCH ? Agenda Item 4 ? Page 5 vww !!'! :'"?n`•t ,.? "a to L ISe+ SITE LAYOUT PLAN OF PORTABLE CLASSROOMS ST. LUKE CA ? ; )LIC CHURCH Agenda Item 4 Page 6 `? ZONING HISTORY # DATE REQUEST ACTION 1 01/26/10 Modification of Conditions Approved 11/27/90 Conditional Use Permit (School and social center) Approved 01/09/89 Conditional Use Permit Church) A roved 2 01/24/12 Modification of Conditions Approved 11/25/08 Conditional Use Permit (Religious facility) Approved 08/28/07 Rezonin R-15 and AG-1 to Conditional A-12 Denied 3 09/27/11 Conditional Use Permit (Outdoor recreation facility) Approved 02/03/09 Conditional Use Permit (Indoor and outdoor recreational facility) Approved 03/26/02 Conditional Use Permit (Outdoor recreation facility) Approved 05/27/97 Rezonin 0-2, B-2, R-10, P-1 and H-1 to Conditional AG-1 A roved 4 10/25/94 Conditional Use Permit (Reli ious facilit A roved 5 09/10/02 Conditional Use Permit (Open space promotion A roved 6 05/09/00 Subdivision Variance A roved .iQ, y",? ?z ST. LUKE CATHOLIC CHURCH Agenda Item 4 Page 7 i. ? 9 ¦lp Wr 00i .a pqmmw- _ .. -... ` t ?-.• A . Ti ? _.._. . ... ?' .. ?i?10? . ;. ? ? ?? 1 „?? t { .b??II' }y. f' rv ., . '; y' . $`" '- -, ... c J h'- ? ? ?°' r ?? '?" ?-' y??? ?.rFyc ??.4ae ' ?r','r;,?? S?•? `'?? -'.,? --,??y.s ? ._M w..'. ?? ? ?F,? ?', R'` ,_. / ?-.-?IY,?-? ;„j? j?,t f?'+ _? }? ?-_1 f ` "f . .Ta?" '?G+."' y?? Y? ?: 3?` ?+??.?.. ? •. . 's' . 9? ? G ST. LUKE CATHOLIC CHURCH EXISTING PORTABLE UNITS ST. LUKE CAT .?... LIC CHURCH 4genda Item 4 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) 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 rf 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 lisf 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 ofthe.City of Virginia Beach have an interest in the subject land? Yes ? No W If yes, what is the name of the official or employee and the nature of their interest? ? ? 1 / ? ? ? ? ? t ? M . 110- 0 ? F F F ? H r DISCLOSURE STATEMENT ST. LUKE CATHOLIC CHURCH Agenda Item 4 Page 9 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) St. Luke Catholic Church 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) EzCheck 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) ? I ? 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 emloyee of h,?e.?ity of Virginia Beach have an interest in the subject land? Yes ? No ? If yes, what is the name of the official or employee and the nature of their interest? ? ? ? H i DISCLOSURE STATEMENT ST. LUKE CATHOLIC CHURCH Agenda Item 4 Page 9 1 ? ? ? ? ? ? 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 percenf 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 befinreen 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 § 22-3101. 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 photo ph and view the site for purposes of processing and evaluating this application. Deacon Print Name A9AC.LJFr-V M- #"Af 3-O,?? ?) Pastor DISCLOSURE STATEMENT ST. LUKE CATHOLIC CHURCH Agenda Item 4 Page 10 Item #4 St. Luke Catholic Church Conditional Use Permit 2304 Salem Road District 7 Princess Anne October 8, 2014 CONSENT An application of St. Luke Catholic Church for a Conditional Use Permit (Religious Use) on property (ocated at 2304 Salem Road, District 7, Princess Anne. GPIN: 14841531360000. CONDITIONS 1. All conditions with of the Conditional Use Permit granted by the City Council on November 27, 1990 shall remain in effect. 2. The portable structures, limited to three, shall be located on the site as depicted on the plan entitled, "SITE LAYOUT PLAN OF ST. LUKE CATHOLIC CHURCH." 3. The portable structures shall have skirting around the entire base of each building to screen the under-carriage of the unit. 4. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of each portable unit to screen the under-carriage. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division, as applicable. A Certificate of Occupancy shall be obtained before occupancy of any structure, as applicable. 6. The portable structures are considered temporary and shall be permitted on the site for no more than five years from the date of approval by City Council. After that time, the structures shall be removed from the site. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approve to item 4. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT Item #4 St. Luke Catholic Church Page 2 INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 4 by consent. There was no representative present. W Z Z a ? N W u Z ? ? d ? rr ? 10 in ? ? \ p N . ? ? G Y / H 4l j y ? ,O .? ? cr. L ? ? U C O v O ? ? 4 m ? en u'14 c d Oa ? ? ? ? ? C O M ? c a u 3 ? C C N a OS mU^'?'y? ?`.' +va? f si 14 =,? CITY OF VIRGINIA BEACH _ AGENDAITEM , ITEM: T-MOBILE NORTHEAST, LLC (Applicant) / DOMINION VIRGINIA POWER (Owner), Conditional Use Permit (Communications Tower), 1948 South Independence Blvd (GPIN 1485384813). COUNCIL DISTRICT - CENTERVILLE. MEETING DATE: November 25, 2014 ¦ Background: The applicant requests a Conditional Use Permit for a 100-foot high wireless communication tower. The proposed site is located adjacent to a Dominion Virginia Power substation and currently contains a 90-foot high communication tower. The existing tower was permitted in 2003 as a Modification to the Green Run Land Use Plan. In 2012, the Zoning Ordinance was amended to allow several additional land uses within PD-H1 Planned Developments. One of those added was `communication tower' as a conditional use. As a result of the 2012 Zoning Ordinance amendments, communication towers within a PD-H1 Planned Development no longer require a Modification of the Land Use Plan; therefore, the new communication tower proposed for this site requires a Use Permit as opposed to the Modification to the Land Use Plan required in 2003 for the existing tower. ¦ Considerations: The submitted site plan shows a 45' x 20' expansion to the existing 45' x' 45' fenced compound area. T-Mobile would use a 15' x' 15 lease area within this compound for a backup diesel generator and equipment cabinets, leaving room for other carriers to collocate ground equipment in the expanded area. The proposed tower would be 100 feet in height with a 2-foot lightning pole, and would be located less than 30 feet from the existing 90 foot tower. The proposed tower is a"stealth" monopole design with closely-mounted antennas, and would resemble the physical appearance of the existing tower. This style would also resemble the nearby Virginia Power electric transmission poles of similar height. The applicant is unable to collocate antennas on the transmission poles because they are made of concrete and not structurally adequate for mounted antennae. The proposed six-foot high fence expansion would be built of the same materials as the existing fence. T-MOBILE NORTHEAST, LLC Page 2 of 3 Further details pertaining to the proposed development, including information pertaining to the consistency of the proposed tower to the standards for communication towers provided in Section 232 of the City Zoning Ordinance, 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 site shall be developed substantially in conformance with the submitted plan package entitled "Green Run Substation, VEPCO #1748" prepared by FCI Towers, Inc and AIIPro Consulting Group, Inc. and dated 8/19/2014. This plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The tower shall be designed to accommodate three users in order to provide for future co-location opportunities. 3. A full structural report shall be submitted during detailed site plan review. 4. The tower shall be painted a color that matches the existing tower on the site. 5. The fence shall be constructed and painted to match the existing fence enclosure. 6. Existing mature trees on the site shall remain in order to screen the enclosure and tower structure from the adjacent residential properties. 7. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 8. The maximum height of the tower shall be 100 feet with a 2-foot lightning rod. 9. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed site plan review. No T-MOBILE NORTHEAST, LLC Page 3 of 3 building permit shall be issued until the tower is determined to be no hazard to air navigation. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. r Submitting Department/Agency: Planning Department City Manager: k.. , a8oq CENTERVILIE •?_y ?;-9Sr,Na ?t=MOhge Northeast, L.L.U. l ACk b i ri • ?P.Dt7?1+ ? 1 Il'S'; \ - PDH1 PDH7 _ ? I r ? •? .1 p -, 1 inn.a,e? ' ! ; PDH1 .,..r.?..?..,..e...o...... ?,...<.........,.e. CNfulxTefeohonelln[enna 11 October 8, 2014 Public Hearing APPLICANT: T-MOBILE NORTHEAST, LLC PROPERTY OWNER: DOMINION VIRGINIA POWER STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit (Wireless Communication Tower) ADDRESS / DESCRIPTION: 1946 South Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14853950340000 CENTERVILLE 41,794 square feet <65 d6 DNL (0.96 acres) BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant requests a Conditional Use Permit for a 100-foot high wireless communication tower. The proposed site is located adjacent to a Dominion Virginia Power substation and currently contains a 90- foot high communication tower. The existing tower was permitted in 2003 as a Modification to the Green Run Land Use Plan. In 2012, the Zoning Ordinance was amended to allow several additional land uses within PD-H1 Planned Developments. One of those added was'communication tower' as a conditional use. As a result of the 2012 Zoning Ordinance amendments, communication towers within a PD-H1 Planned Development no longer require a Modification of the Land Use Plan; therefore, the new communication tower proposed for this site requires a Use Permit as opposed to the Modification to the Land Use Plan required in 2003 for the existing tower. Details The submitted site plan shows a 45' x 20' expansion to the existing 45' x' 45' fenced compound area. T- Mobile would use a 15' x' 15 lease area within this compound for a backup diesel generator and equipment cabinets, leaving room for other carriers to collocate ground equipment in the expanded area. T-MOBILE NORTHEAST Agenda Item 11 Page 1 The proposed tower would be 100 feet in height with a 2-foot lightning pole, and would be located less than 30 feet from the existing 90 foot tower. The proposed tower is a"stealth" monopole design with closely-mounted antennas, and would resemble the physical appearance of the existing tower. This style would also resemble the nearby Virginia Power electric transmission poles of similar height. The applicant is unable to collocate antennas on the transmission poles because they are made of concrete and not structurally adequate for mounted antennae. The proposed six-foot high fence expansion would be built of the same materials as the existing fence. The applicant has submitted a landscaping plan that depicts southern wax myrtles along the exterior of the fence enclosure, as well as four Leyland cypress trees that will screen the fence enclosure, and eventually a portion of the tower itself, from the adjacent townhomes. Existing mature trees on the site also screen the enclosure and tower from these residences, in some cases obscuring the existing tower completely. A number of bushes along the existing fence enclosure have died and will be replaced through an unrelated antenna co-location application. The landscaping plan also depicts four Leyland cypress trees along the hedge on South Independence Boulevard that will better screen the site from the road. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Communication Tower and Dominion Virginia Power substation SURROUNDING LAND North: . Canal with drainage easement / PDH-1 Planned Unit USE AND ZONING: Development South: . Dominion Virginia Power substation / PDH-1 Planned Unit Development East: • Townhouses / PDH-1 Planned Unit Development West: . Dominion Virginia Power substation / PDH-1 Planned Unit Development NATURAL RESOURCE AND The site is located adjacent to one of the canals and greenbelts CULTURAL FEATURES: within the Green Run Planned Development. The site is located within the Chesapeake Bay Watershed and London Bridge Creek sub-watershed. There are no known significant cultural features on the subject site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) In addition, the Comprehensive Plan stresses the need to ensure the City's "information and communication infrastructure is tightly connected with the world and is of the highest efficiency and quality." (p. 1.7) T-MOBILE NORTHEAST A?enda Iteo 11 Pa-ge 2 IMPACT ON CITY SERVICES There are no impacts to City services as a result of this proposal. EVALUATION AND RECOMMENDATION This request for a Conditional Use Permit for a 100-foot tall communication tower is acceptable. The subject site already contains a communication tower as well as an electrical substation, and given the presence of these other tall structures in the immediate vicinity, the site and position of this tower proposal is preferable than to find another location within the Green Run Planned Development. The proposed tower, while 10 feet taller than the existing tower, would be designed to accommodate three carriers. At this height, the tower would be better positioned to provide increased service across wireless carriers, and reduce the short-term need for additional towers in the area. The applicant has provided photo simulations depicting the view of the proposed tower from two locations along South Independence Blvd as well as one view from the adjacent multifamily units to the southeast of the site. The tower would be set back over 66 feet from the nearest property line, and over 160 feet from the nearest residential or apartment dwelling. This exceeds the required minimum setback of 50 feet from the nearest property line in the PD-H1 District, as well as the minimum setback of 125 feet (125 percent of the tower height) from the nearest residential or apartment structure. The ground equipment would be similarly set back from the property lines, and would meet the requirements of the PD-H1 District. The applicant has provided a Radio Frequency Emissions Report from a licensed engineer indicating that the tower antennas would be compliant with the Federal Communication Commission's regulations regarding the maximum permitted exposure levels to non-ionizing radiation. In particular, the cumulative predicted power density of the antennas would be no more than 2.007 percent of the maximum permitted exposure for uncontrolled environments (i.e., the general public), as measured from two meters above the ground. The applicant has provided a letter from a licensed engineer indicating that the tower would be designed to meet or exceed industry standards as defined by TIA/EIA-222-G. The tower will be designed to accommodate a total of three carriers as required by the City Zoning Ordinance. Also, the tower would be designed to withstand a 115 mph, 3-second wind speed with no ice and a 30 mph wind speed with 0.5 inches of ice, per the Uniform Statewide Building Code. These design criteria are sufficient for the wind loading contour in this location, and if the application is approved, a full structural report will be required during detailed site plan review. Based on Staffs evaluation, particularly with regard to compliance with the standards for communication towers as provided by Section 232 of the Zoning Ordinance, apqroval of this request with the conditions below is recommended. CONDITIONS The site shall be developed substantially in conformance with the submitted plan package entitled "Green Run Substation, VEPCO #1748" prepared by FCI Towers, Inc and AIIPro T-MOBILE NORTHI A?enda It T e0 1 ? age 3 Consulting Group, Inc. and dated 8/19/2014. This plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The tower shall be designed to accommodate three users in order to provide for future co- location opportunities. 3. A full structural report shall be submitted during detailed site plan review. 4. The tower shall be painted a color that matches the existing tower on the site. 5. The fence shall be constructed and painted to match the existing fence enclosure. 6. Existing mature trees on the site shall remain in order to screen the enclosure and tower structure from the adjacent residential properties. 7. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 8. The maximum height of the tower shall be 100 feet with a 2-foot lightning rod. 9. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site p/an review to meet all applicable City Codes and Standards. All applicab/e permits required by the City Code, including fhose administered by the Department of P/anning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiricate 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 perfain to this site. T-MOBILe:`NORTHE ?Agenda Itei Ra ST 11 ?4 AERIAL OF SITE LOCATION T-MOBILE NORTHEAST Agenda Item 11 Page 5 Y s 7'? + A N J F- O V ' ? t 3? ?_?. ? p ` LID O ? ?'?iO F ?yaS ?N Eii3t r 1 ? -- , ?? ? ?J- ? =? ' ?, wcqu""°`[ ? • ? ? , ? -- ? ?? - C? w= ? .?? ?: z A ?s ' ?. ?fi g 6$ ? s , / J Ir ,F ------ ? /. / . M Je ? Y ? p i ??lil!iillll PROPOSED SITE PLAN T-MOBILE NORTHEAST z Agenda Ite m 11 ? Pa . ge 6 , :. ` .i c. .; '._" J g g 1?H • ? O ? ?USOni?k 6 ? ? ?? '°iQU ?UZ r .??? ? @ p5 ?J?' 6? ?'g ?93a ?e C yy g Ck$ y? J ?F € 8 S? ? ? ??qq ? O e4 X" q?'S.y- SF 6gg° Z --'r ^? a ?, :'..b ? ? M - M Y ?'?j ?a$o 3 /1?• wb ? 1=/1 Z ???35?:8???? kb "e? ??k}(?gBnbd•{g I :tt Z w .. .. ?.. .. -. C7 - ? '? ? g e x ?E? • ',n9"? f?iF...?;. ???\ „3? ? yj ' ? ? ; ? ?,?...?, • ? ? / ? ?, v ? ?Q ?\ . kt7:,, z° 5 ? ? Xa x 2£ ? E Y ?z?? ? ` „t `\?? ` '? .,\ ,'•'} ? ? ? g E ?8 g/ ??? S ? ?? I I I I I ? I ?? e - ? ? PROPOSED SITE / LANDSCAPE PLAN T-MOBILE NORTHEAST Agenda Item 11 ' a Page 7 _ J s ?,. ? " ?---_- ---? ?,. z ?. ie n / E ? f € e / ?. ? ?g $6 ?L C ?I u? Y E ? E ?I?? IIIII! k ? N ? lil.iillli _ K p : O Z S i Z pz 3 ?? ? g? ?o? G ?k I ° i i ??. 9 E a°?' ?aZ ? N ?a??8??? OV F, z ? ? ? ?!?65?_e ?s? a ? 'I ' . ° g • 4 1 PROPOSED STREET FRONTAGE LANDSCAPE T-MOBILE NORTHEAST Agenda Item 11 Pag e 8 = , ??-?.? ? J i J ? ? ?r ?' e k ` s eg ?i$ \ 9? t e e ??€ c fiaR ' ifi, i = a I ? W 3 O e g {y g ?? 1; 8 R 3 ? ?b-,? g 15S°8? 11 ?? ? ? e p gg e iv i 12 9 A? ??3 k?? Fyy??,a 8 5 ?? k ??[e? ag? ??y?S ?tT ? ?? "'td?q¦??? Y?? ? ? n? r? ?' E?? E?y Ctl?C? C i? by ? ?T? G CG ???p?i ?[6 Z.+ b i G? j9 t 2 .. _ e . .4 = - - - -- - - - # ELEVATION DRAWING OF PROPOSED TOWER ? T-MOBILE NORTHEAST Agenda Item 11 a . Page 9 .? ??1 • t ? ¦ ¢ ? ? ? ? ?X$ . CENTERVILLE ZONING # DATE REQUEST ACTION 1 08/05/2003 Modification of the Green Run Land Use Plan Cell Tower Approved 2 03/11/1965 Green Run Land Use Plan Approved ? ; c T-MOBILE NORTHEAST -? ? Agenda Item 11 ? Page 10 ? ' Zoning with CondiUonsPro/len, Open Space Piomotion Cellular Telephone Antenna VIEW OF SITE FROM SOUTH INDEPENDENCE BOULEVARD T-MOBI VIEW OF SITE FROM SOUTH INDEPENDENCE BOULEVARD (WITH PHOTO SIMULATION OF NEW TOWER) T-MOB ? ORTHEAST ;nda Item 11 Page 12 .? VIEW OF SITE FROM FENCELINE ADJACENT TO MULTI-FAMILY DWELLINGS , T-MOBILE NORTHEAST Agenda Item 11 Page 13 VIEW OF SITE FROM FENCELINE ADJACENT TO MULTI-FAMILY DWELLINGS (WITH PHOTO SIMULATION OF NEW TOWER) T-MOBILE NORTHEAST Agenda Item 11 ? Page 14 I : ..S' .. .?.?:' ?.:?."... / .;. ?. ? VIEW OF SITE FROM SOUTH INDEPENDENCE BOULEVARD T-MOBILE NORTHEAST Agenda Item 11 ? Page 15 , ? VIEW OF SITE FROM SOUTH INDEPENDENCE BOULEVARD (WITH PHOTO SIMULATION OF NEW TOWER) T-MOBILE NORTHEAST 7 Agenda Item 11 Page 16 = ? A.? 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: (Atfach list if necessary) /-- QG, 6-4?d 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach lisf if necessary) r1( ?i F? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this secfion 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) 1 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aflach list if necessary) J E] Check here if the property owner is NOT a corporation, partnership, firm, ousmess, or omer unmcorporatea organization. & See next page for footnotes Does an official or IT"e of subject land? Yes No7 If yes, what is the name of the c Ciry of Virginia Beach have an interest in the I or employee and the nature of their interest? I1 ? 1 ? ? ? I ? I . ! M \ ? ? M ? ? / ? ? DISCLOSURE STATEMENT T-MOBILE NORTHEAST Agenda Item 11 Page 17 I 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 tist if necessa ) +=?t -r?.) c`5,?nc. 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 Govemment 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 beiween the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the inforrnation 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 pubUc 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. Applic nYs ignature Print Name Z-`_, Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT T-MOBILE NORTHEAST Agenda Item 11 Page 18 Management . Gick an a persevi s name wimage to view his uYaestriography. Q 0 James C. Alfirrg E;cecuHvzVice. President anci Ubief 4peraG+ry t3fficee, 7-Mutvle Busissess ? J. Braxran Carter Executiwe Vic.e. Aresident. Ghief Ftnaneial «tfcicer ? Thomas C. Keys Exc-xutive Vire PresiderM and Ghaef 4peratirag 4ifices, MehoPCS Business David A. Miller O Executi+re Vice Presi9er.t. C,enzra9 Cmtirtset arni Seca'eiany Nevi!le R. Ray 0 E1(EtilEStV?ViGB P7L'SIdeItI 3S1iI C.ZI§Cf7C'CI7F9q'O{J"J OS?tCCf DISCLOSURE STATEMENT T-MOBILE NORTHEAST Agenda Item 11 Page 19 Item #11 T-Mobile Northeast, L.L.C. Conditional Use Permit 1948 South Independence Boulevard District 1 Centerville October 8, 2014 CONSENT An application of T-Mobile Northeast, L.L.C for a Conditional Use Permit (Wireless Communication Tower) on property located at 1946 South Independence Boulevard, District 1, Centerville. GPIN: 14853950340000. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Green Run Substation, VEPCO #1748" prepared by FCI Towers, Inc and AIIPro Consulting Group, Inc. and dated 8/19/2014. This plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The tower shall be designed to accommodate three users in order to provide for future co- location opportunities. 3. A full structural report shall be submitted during detailed site plan review. 4. The tower shall be painted a color that matches the existing tower on the site. 5. The fence shall be constructed and painted to match the existing fence enclosure. 6. Existing mature trees on the site shall remain in order to screen the enclosure and tower structure from the adjacent residential properties. 7. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 8. The maximum height of the tower shall be 100 feet with a 2-foot lightning rod. 9. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. Item #11 T-Mobile Northeast, L.L.C. Page 2 A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approved item 11. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, the Commission approved item 11 by consent C.E. Forehand appeared before the Commission on behalf of the applicant. • ? • ? • 0 n ? ? w ? ? ? ? ? ? - .PoK ? , ? 71, ? W J ? ? H ? Z ¢ W ? v,r r? L G4 :?-. - ? 1?1 ? 4vNi=M ?? ?'? ?____ f ?!; rr ; r -- ? -?, ,- ????--: Fr- ? L ? ? \ ? C O .? w O ? ? a a? ? ? ya ? oa ? ? e ? w .? C I o! N • J. APPOINTMENTS BUILDING CODE APPEALS 130ARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION PLANNING COMMISSION RESORT ADVISORY COMMISSION K. i1NFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ***********?***************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***********?*?*+********+********* I 1/2 5! I 4/st 2014 CITYHOLIDAYS f7lrurks,?'if?i??7 J?c?r ??rul /)ir?` rrftnr i7r Tlrirtsrlcr?. .?????e??thtr 27 unt! 1'rirlrrY. :1?>b??rrd?€r• W`,5' Clariiirruts E've (h«1?-cl?r?•) - 'T?'erlrrestlrrY, 1)ecenther 24 (Jarlctrr/as Il?r4' - 7'hur.ctluY. 1)ecerttber• 25 CITY COUNCIL WINTER RETREAT Econorrtic Development Cortference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to S: 00 PM CITY COUNCIL MEETINGS REMAINDER OF 2014 DECEMBER 2ND INFORMAL AND FORMAL SESSION - OPEN DIALOGUE DECEMBER 9T" INFORMAL AND FORMAL SESSION C/TY OF V/RGIN/A BEACK -1 SUMMARY OF COUNCIL ACT/ONS K U I S DA'fE: I UIS/2014 PAGE: 1 S- }I S AGENDA H M A E W I'IEM # SUE3JECT MOTION VOTE g ) A M S U I D N O K R M M S II L Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D J LA INFORMATIONAL SESSION -?-1 ? APARTMENT DEVELOPMENT Jack Whitney, Director- Planning II.,A C17'Y COUNCIL/SCHOOL BOARD ? J0In"1' SGSSION I']VE YEAR PORECAST Catheryn Whitesell, Director - Management Services Farrell Hanzaker, Chief Financial I Ofticer - Schools 111.A CITY N[AnAGER'S BRIEF[NG TOTAL MAXIMUM DAILY LOAD Clay Bernick, INCENTNE PACKAGE Environment and ' Sustainability Administrator, ? Wayne McCoy and ; Karen Forget - Green ? Ribbon Committee ? 13 ? COLLIER BUILDING RENOVATION DEFERRED B Y C O N S E N S U S i --i IVrVNU CF,RT(F]CATION OF CLOSED CERT[FIED 1 1-0 Y Y Y Y Y Y Y 1' 1' Y Y VII%Vlll SESSION F ; MINLiTES - October 21, 2014 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y -- i ( G/I I. I i NUI3LIC HEAR?NGS ? Proposed Gxemptions from Local Property No Speakers Tax a. Stop Cleft- International Alliance b. Transitions Community Development ? Corporation ' c. USA National Karate-Do Pederation of Virginia d. World Affairs Council of Greater Hampton Roads 2 Franchise of City Property t Speaker Atiantic Avenue - Valet Station and ? Queuing Area ? 3 f:xcess Ciry-Owned Property No Speakers Pine Top Drive in Brunswick County, Virginia ? i, C/TY OF VIRGINIA BEACH S[IB1MARY OF COUNCIL ACTIONS R I O S UATE: I U18/2014 PAGE: 2 S- ' FI S nGL'NnA H M A G W I"IIM N SUQJLCT MOT10N VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O R Y S E N S D S N N D==] i Grant of Easement Over City-Owned No Speakers I Property Lake Gaston Pump Station, Brunswick County, Vir inia I-1 Ordnances to DES[GNATE exemptions from local property taxation: ? a. Stop-Cleft - International Alliance REMOVED FROM 11-0 Y Y Y Y Y Y Y Y Y Y Y AGENDA,BY CONSENT _ b. Transitions Community ADOPTED, BY 1 1-0 Y Y Y Y Y Y Y Y Y Y l' Development Corporation CONSENT c. USA National Karate-Do Federation of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Virginia, Inc. CONSENT d. World Affairs Council of Greater ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y I [ampton Roads CONSENT ? 2 Ordinance to DECLARE City-owned DGFERRED TO 1 1-0 Y Y Y Y Y Y Y Y Y Y Y ? property as EXCESS/AUTHORIZE City 12/9/2014, BY Manager to CONVEY same to VDOT at CONSENT the Lake Gaston i eline easement 3 Ordinances and Resolution to ADOPTED, BY 10-0 11-0 Y Y Y Y A Y Y Y Y Y AU'I'HOR[ZE: CONSENT B S ? a. easement over City-owned property in Brunswick County to VEPCO r f'` I N ? E 1 D ? b. Cost Sharing Agreement with Army ADOPTED 1 1-0 Y Y Y Y Y Y Y Y Y Y l' Corps of Engineers re a sediment/nutrient reduction benetits from dredging c. Acquisition of 1025 Eaglewood Drive ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y from LMW Pro erties, LLC ___! d. Acquisition of 3380 Head River Road ADOPTED, BY 1I-0 Y Y Y Y Y Y Y Y Y Y l ? CONSENT ? ? e. Operating Agreement with Lynnhaven DEFERRED 1 1-0 Y Y Y Y Y Y Y Y Y River Now re Lynnhaven Aquaculture INDEFINITELLY i Centcr CITY OF VIRGLNlA BEACH SDMMARY OF CO(INCIL ACTIONS R O S I U.ATE: I 1/I 8/2014 PAGE: 3 S- II S AGENDA H M A E W HCM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L Y L N A T O O O R S O E E E N I S N M I O O R Y S E N S D S N N D ? -l Ordinances to AUTHORIZE I encroachments: a. David L./Helen M. Bernd at 8010 ADOPTED/ 11-0 Y Y Y Y Y Y Y Y Y Y l' Ocean Front Avenue LYNNHAVEN - COND1T10NED DISTRICT 5 i b. Charhvay Fcdcral Credit Union at ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ? 5700 Cleveland Street/I-264 CONSENT KGMPSVILLE - DISTRICT 2 _ 5 Ordinance to ESTABLISH Tidewater ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Medical Transport, LLC re annual EMS CONSENT permit 6 Ordinance to EXTEND City's date for ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y satisfying conditions re closing Lake CONSENT Avenue/ Oak StreedLocust Crescent/Ellis Avenue 7 Ordinances to ACCEPT and ADOPTGD, BY 1 1-0 Y Y Y Y Y Y Y Y Y l' Y I I APPROPRIATE: CONSENT a. $121,707 from Veterans Admin ? Housing Program to I Housing/Neighborhood Preservation re housing vouchers to Iiomeless Veterans b. $26,569 to Housing/Neighborhood Preservation re Federal Home Program c, $ 1,000 donation from Walmart Foundation to Fire re CERT ? ? R Ordinance to AUTHOR[ZE the ADOPTED, QY 10-1 Y Y Y Y Y N Y Y Y Y Y' ° TRANSFER of underlying fee interest of CONSENT ? a portion of Northampton Boulevard to the Cit), of Norfolk re weir maintcnance ? ? I-1 GALLEON INVESTORS XII, LLC APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y l' enlargement of a Non-Confonning Use at CONDITIONEq 13 231 68ih Street LYNNHAVEN - BY CONSENT S DISTRICTS ? n ? i N - ? L D ! + , 2 BURNETTE CAP[TAL MODIFIED AS ,q ? INVESTMENTS, LLC/REED PROPFERED/ g ENTERPRISES, INC. at South Plaza CONDITIONED BY CONSENT S Trail/Princess Anne Road: ROSE HALL - T D1STR[CT 3 A 1 a. Modification of Proffers N b. CUP self-storage facility E D C/TY OF V/RGINIA BEACH SUAIDIARY OF CODNCIL ACTIONS I ?Z 0 s DnTF,: i I/18/2014 PAGE: 4 S- H S AGGNDA H M A E W I'IEM # SUB.IECT MOTION VOTE? E J A M S U I D N O K R M M S FI L W Y L N A T O O 0 R S O E E E N I S N M I O O L R Y S E N S D S N N D 3 EVERGREEN VIRGINIA, LLC at MODIFIED AS 10-0 Y Y Y Y Y Y Y A Y Y Y 5301 Virginia Beach Boulevard: PROFFERED/ p CONDIDTIONED, S KLMPSVILLE - DISTRICT 2 BY CONSENT ?. a. Modification of Proffers A t b. Modification of Conditions of N CUP (motor vehicie sales/scrvice) ? D } AR:1CEL1 T. MARCIAL/13YLER APPROVED/ 11_0 y Y Y Y Y Y Y Y 1' Y Y ENTERPRISES CUP (Vocational CONDITIONED, ? BY CONSENT Schaol/Training Center for Nurse Aides) at 5441 Virginia Beach Boulevard KEMPSVILLE. - DISTRICT 2 5 KINGDOM ]NVESTING OUTREACA APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CFNTER/A.V. ASSOCIATES, LLLP CONDITIONED, BY CONSENT CUP religious use at 4525 East IIoneygroveRoad BAYSIDE- DISTRICT 4 6 FNE MILE STRETCH DENIED 10-I Y Y Y Y N Y Y Y Y Y Y ASSOCIA'fES, LLC CCOZ from AG-1/AG-2 to Conditional PD-H2 ' ? I Planned Unit Development District [R-lU j ? Residential] at 2800 to 2900 Princess ? I Anne Road PRINCESS ANNE - DISTRIC"f 7 _ ? 7 STUDIO HAMPTON ROADS, LLC/ APPROVED AS 11_0 Y Y Y Y Y Y Y Y Y 1' Y I NOR"('H LANDING INVES"TMENTS, PROFFERED, BY LLC CCOZ from O-l to Conditional B- CONSENT a I I [}{CD Overlay] re Photography Studio ? at 2513 North Landing ? PRINCESS ANNE - DISTRICT 7 8 Ordinances to AMH;ND the CZO a. Section 1127 re open space/public ADOPTED, [3Y CONSENT 9-2 Y N Y Y Y N Y Y Y Y Y ? sites/recreation areas within YD41I2 _ b. Section 2106(d)(1) re Modifications DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y to NVork1'orce Housing units INDEFINITELY, l BY CONSENT _ CITY OF VIRGINIA BEACH SUA/MARY OF COUNCIL ACTIONS R O S ? DnTF? I1/18/2014 PAGE: 5 S- H S nGGNDA H M A l: W ITI:M # SUB.IECT MOTION VOTE E I A M S U I D N O K R M M S FI L Y L N A ?T O O O R S C) E G E N I S N M I O O R Y S C N S D S N N I) _J ? f: APPOINTMENTS t { BUILDING CODE APPEALS DEFERRED TO B Y C O N S E N S U S ]2/02/2014 I BOARD OF ZONING APPEALS ? CHI-SAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TrAM COMMUNITY SERVICES 130ARD i 1IAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION PARKS and RECREATION PLANNING COMM[SSION RESORT ADVISORY COMMISSION ? I. L/M/N ? ADJOORNMENT 7:55 PM PUBLIC COMMENT 7:56 - 8:05 5 Speakers C1TY COUNCIL COMMUNITY CONVERSAT/ON CONVENTION CENTER MEET/NG ROOMS 2nd FLOOR 6:30-B:OOPM MnNnAV. NnVF.MRRR 20. 2014 - Cl1'Y OF VIRGINlA BEACN 1 SU[L/A1ARY OF CO[INCIL ACT/ONS ? R O S f>:A7W: I 1/18/201d PAGE: 6 S- H S I AGI:.NDn H M A E W ? IIEM ;l SUBJECT MOTION VOTE g ] A M S U I D N O K R M M S I3 L W Y L N A T O O O R S O E E E N I S N M 1 O O ? R Y S E N S D S N N D C/TY COUNCIL WINTER RETREAT Economie Deve[opment Conference Room Town Center Suite 700, 4525 Maii: Street February 5-6, 2015 8:30 AM to S: 00 PM 2014 CITYHOL]DAYS 1)rt?f.ttr! C)rati' TJtrrrlkc";ivrrr;r - Tl?r?i?srlqi', _??ravenrbrr?::77 rnril Fr?ictc{)', N'rnvernlrer 28 t7risdtrru.c l:vcr (lralf-(lnv) - t1crllresrtu}'. I)cvemh<sr? 24 C;'hr?ict?rrcfs Mrj, - 7'hur.tirirr;•, L)zrc?,rarbwr?> CITY COUNCIL MEETIA'GS RESCNEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIKD TUESDAYS: BRIEFG'VG/7NFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS- 4:00-6:00 PM