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DECEMBER 9, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CI'TY COUNCIL lvIAYOR lVl! l,1AM D. SESSOMS, JR., At Large PICIS b1: I YOR I.OUIti R. JONIiS, Bayside - District l ROHL%t7'M DYGl2, Cenierville - District 1 B. i RBARA M. HENI li 3', Princess Anne - Dis(ric! 7 SIl.4NNON DS KA.NE, Ro.re Hall - Dis[rict 3 HR.dD MAR77N, Y.L' , At Large JUllN D MO tiS, Ai Lurge :Ibl/i/.I.d ROSS-HAMMOND, Kempsville - District 2 JUHN li. UHK]N, Beac{t District h KUSL'A4A2Y Wl/.SO:V, At Large /,-1iLQEti l,. WOOD, Lynnharen -District 5 CITY COUNCIL APPOINTEES CI"fYtiLWAGIR -JAM1iSK SPOKF. ('1 %'Y .4'l'TORNL'Y - MARK D. STII,GS <TfY AS;4ESSOlt - JT:'fL4/.D D. BANAGAN l TY A( lp1 TOR - L YNDON S. 2EAIlAS ('l"!'YCI.f:'ltK RUTNHODGESI?RAtiB'2,MMC CITY COUNCIL AGENDA 9 December 2014 ci7Y H,aLL BuiLotn'c 2401 COURTHOUSF. DIZIVF_ VIRGINIA BF.ACH. VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- N1.,11L: Ctycncl n vboov. conn L CITY COUNCIL BRIEFING - Conference Room - 3:30 PM A. VOLUNTEER RESOURCES ANNUAL REPORT James Parke, Director tI. CITY MANAGER'S BRIEFINGS A. MAYOR'S ACTION CHALLENGE Cindy Curtis, Deputy City Manager B. ANNUAL AUDIT/INTERIM FINANCIAL STATEMENT Patti Phillips, Director - Finance 1I1. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL 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 Edward S. Martin, Jr., Pastor Francis Ashbury United Methodist Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS December 2, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§17-2 and 17-3 re Call Meetings of the Library Board b. §§ 23-50 and 33-13 and ADD § 33-114.5 re Sound Walls, side lot fences and improvements on City property 2. Ordinances to AMEND §2-83.3 of the City Code re remittance to the City of paid Jury Duty to ESTABLISH Administrative Policy ALTERNATE VERSION 1: PROVIDE exemption for two (2) or less days of duty ALTERNATE VERSION 2: ENACT Administrative Policy with any changes to be subject to a City Council Briefing 3. Resolution: a Non-Binding Term Sheet re an Arena development and AUTHORIZE project documents 4. Ordinance to DECLARE City-owned property as EXCESS and AUTHORIZE the City Manager to CONVEY same to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossing Pine Top Drive in Brunswick Counry, Virginia (deferred November 18, 2014) (Recommend: Defer Indefinitely) 5. Resolution to AUTHORIZE the City Manager to EXECUTE a Sub-Recipient Agreement re the Solar Market Pathways project 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $231,533 from the Virginia Technology Trust Fund re Circuit Court Software Maintenance and Case Management Software b. $67,982 from the Reserve far Contingencies for the Oceanfront Outreach Initiative re Homeless assistance c. $112,500 from the Police Federal/State Seized Assets Special Revenue Fund re Police trainin,, and equipment l. PLANNING EXTRA SPACE STORAGE and GWEN MCNEAL: Modification to Condition No. 3 of a Conditional Use Permit for Self-Storage (Modified June 11, 2002, February 8, 2005, and July 6, 2010) re signs at 1545 General Booth Boulevard DISTRICT 6 - BEACH RECOMMENDATION: DENIAL 2. RAVE SOCCER COMPLEX, LLC: Modification of Conditions No. 7 and 8 of a Conditional Use Permit (Modified August 5, 2005, September 8, 2009, and September 14, 2010) re post facto approval of additions at 2949 Shipps Corner Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 3. THOMAS C. and LISA D. MCKEE: request closure of a portion of the public right-of-way known as Circle Lane DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. MARK JANIK and SUSAN HEILIG: Change in Non-Conforming Use re exterior painting and interior renovation of a garage apartment at 1604 Baltic Avenue. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 7-ELEVEN /HOG POST, LLC: Conditional Use Permit re fuel sales and a convenience store at 1658 Virginia Beach Boulevard DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 6. MIKE O'CONNOR TOWERCO./WILDWOOD PARK, LLC: Conditional Use Permit re a communications tower at 925 South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 7. JERAMY BIGGIE/CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPT., INC: Conditional Use Permit re a Craft Brewery at 2444 Pleasure House Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 8. FUN SPOT AMUSEMENT, LLC, LILLY INCORPORATED OF VIRGINIA, INC: Conditional Use Permit re a commercial parking lot at 304, 306, 308 22°d Street DISTRICT 6 - BEACH RECOMMENDATION: STAFF - DENIAL PLANNING COMMISSION - APPROVAL 9. KWP, IBC, LLC: Conditional Use Permit re a Veterinary Clinic at 404 Investors Place DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 10. DAVID C. and JUDITH L. MARTIN: Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District re a Child Day Care Center on Upton Drive DISTRICT 5 - LYNNHAVEN. RECOMMENDATION: J. APPOINTMENTS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD - CSB HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PLANNING COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS 1. ABSTRACT OF VOTES - GENERAL ELECTION - November 4, 2014 City Clerk to record APPROVAL 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 2/9/14/st 2014 CITYHOLIDAYS C'/eristfrtas Ere (hnl/-&11'1- li e?ll?csrLu?'. /)eccinber:'4 C/arisitrtas 1Jrt.1' - Thtrr.iilrti,, 1)crerrahrr 35 1)rrY ,1.ffer• ('hr•istrraus, / r•irlrri', /)ereirzher• Zf CITY COUNCIL WINTER RETREAT Brock Environmental Center 3663 Marlin Bay Drive Bayside District Februcrry 5-6, 2015 8:30 AM to 5: 00 PM CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL A-/.a YOR WIT.L/AM D. SG'SSOMS, JR., At Large 1 7C11 h1AYOR I,OUIS R. JONES, Bay.cide - Distrfct -! /tUB1iHf M. DYB'R, Centervtlle - District ! 13:1 RBARA M. HliNI.EY, Nrincess Anne - Disvrict 7 SIIANNON llS /iANls, 2o.re Hal[ - District 3 BItAD b9Alt 17N, PJi., At large Jl )HN D.MOSS, A1 I,arge A:19L% IA ROSS-HAMMOND, Kempsvi/le - District 2 JUHN L: UHRIN, Beach - Ufstrrct 6 K[)SYzMARYW]T,SON, Al Large J.IMES L. WOOD, /,ynnhaven -Di.rtricl 5 CITY COUNCIL APPOINTEES ('17'Y MANAGHR JAMES K. SPORE ('l'fY Al'7'ORIJEY MARK D. S71LES ('lTY ASSl,%SSOR - JEItALD D. BANAGAN (l l'Y A IIDI! O1t -l.YNDON S. RF.MIAS (/TY CI,EkK RU"l'H HODGGS FRASER, MMC II. lIl [V. CITY COUNCIL BRIEFING - Conference Room - A. VOLUNTEER RESOURCES ANNUAL REPORT James Parke, Director CITY MANAGER'S BRIEFINGS A. MAYOR' S ACTION CHALLENGE Cindy Curtis, Deputy City Manager B. ANNUAL AUDIT/INTERIM FINANCIAL STATEMENT Patti Phillips, Director - Finance CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW CITY HALL BUII.DING 2401 COURTHOUSE DRIG'E' VlRGINIA BEACH, VIRGINIA 23456-900.i PHONE: (757) 385-4303 FAX (757) 385-5665' E- Mf11L: Crycncl (ot vbgov.con,, 3:30 PM CITY COUNCIL AGENDA 9 December 2014 V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL C. RECESS TO CLOSED SESSION VL FORMAL SESSION - City Council Chamber - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Edward S. Martin, Jr., Pastor Francis Ashbury United Methodist Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS 6:00 PM December 2, 2014 ?1 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. §§17-2 and 17-3 re Call Meetings of the Library Board b. §§ 23-50 and 33-13 and ADD § 33-114.5 re Sound Walls, side lot fences and improvements on City property 2. Ordinances to AMEND §2-83.3 of the City Code re remittance to the City of paid Jury Duty to ESTABLISH Administrative Policy ALTERNATE VERSION 1: PROVIDE exemption for two (2) or less days of duty ALTERNATE VERSION 2: ENACT Administrative Policy with any changes to be subject to a City Council Briefing 3. Resolution: a Non-Binding Term Sheet re an Arena development and AUTHORIZE project documents 4. Ordinance to DECLARE City-owned property as EXCESS and AUTHORIZE the City Mailager to CONVEY same to the Virginia Department of Transportation (VDOT) at the Lake Gaston pipeline easement crossing Pine Top Drive in Brunswick County, Virginia (deferred November 18, 2014) (Recommend: Defer Indefinitely) 5. Resolution to AUTHORIZE the City Manager to EXECUTE a Sub-Recipient Agreement re the Solar Market Pathways project 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $231,533 from the Virginia Technology Trust Fund re Circuit Court Software Maintenance and Case Management Software b. $67,982 from the Reserve for Contingencies for the Oceanfront Outreach Initiative re Homeless assistance c. $112,500 from the Police Federal/State Seized Assets Special Revenue Fund re Poliee training and equipment e?`HU ???2P`??"'"??`ti.; i7 _J u :» t : i ..?....? • ? ,?•?ty'.,'„`?:. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 17-2 and 17-3 Pertaining to the Director of Public Libraries and the Public Library Board MEETING DATE: December 9, 2014 ¦ Background: The Director of Public Libraries recently reviewed Chapter 17 of the City Code, which concerns the City's libraries, and is now requesting minor changes to two Code provisions. City Code § 17-2 contains a typographical error. City Code § 17-3 concerns the City's Public Library Board and provides, among other things, that the board shall meet at least once every three months and at other times at the call of the board chair. ¦ Considerations: This ordinance corrects the typographical error in City Code § 17-2 and amends City Code § 17-3 to provide that either the board chair or the Director of Public Libraries may call a meeting of the Library Board. ¦ Public Information: Public information will be provided through the normal Council agenda process. ¦ Attachment: Ordinance. Recommended Action: Approval Submitting DepartmenUAgency: Department of Libraries City Manager: ? - ? ? 1 AN ORDINANCE TO AMEND SECTIONS 17-2 2 AND 17-3 PERTAINING TO THE DIRECTOR 3 OF PUBLIC LIBRARIES AND THE PUBLIC 4 LIBRARY BOARD 5 6 SECTIONS AMENDED: §§ 17-2 and 17-3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 17-2 and 17-3 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 Sec. 17-2. Department and director of public libraries. 14 (a) There is hereby created a department of public libraries, which shall consist of the 15 director of public libraries, and 16 such other employees as shall be prescribed by the council or by the orders of the 17 city manager or director of public libraries consistent therewith. 18 (b) The director of public libraries shall be a librarian certified by the state board for the 19 certification of librarians and shall have all the duties and responsibilities of a 20 department head as prescribed in section 7.03 of the Charter. 21 (c) The department of public libraries shall be responsible for the operation and 22 maintenance of the public libraries within the city, for the formulation and 23 administration of the rules and regulations pertaining to the use of the libraries 24 within the city and for such other powers and duties as may be assigned by the 25 council. 26 Sec. 17-3. Public library board 27 (a) There is hereby created a public library board, which shall consist of not less than 28 seven (7) nor more than thirteen (13) members. The members of the board shall be 29 appointed by the council for terms of three (3) years; provided, however, that the 30 initial appointments shall be made for such lesser terms as will provide staggered 31 expirations thereof. Two (2) members shall be high school juniors, whose terms 32 shall be for two (2) years, and one (1) member shall be an employee of the school 33 division's department of technology. The board shall select from its membership a 34 chairman and vice-chairman. 35 (b) The public library board shall meet not less frequently than once every quarter 36 (three (3) months) and additionally, at the call of the chairman or the director of 37 public libraries. The board shall be responsible for making recommendations to the 38 council on all phases of library planning, policy and management. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Libraries City Attorney's Office CA13171 R-1 November 21, 2014 Y?.,?.w .aA4 i'41 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 23-50 and 33-13 of the City Code and to Add Section 33-114.5 to the City Code Regarding Sound Walls and Certain Types of Improvements upon City Property MEETING DATE: December 9, 2014 ¦ Background: The City has wrestled with various options for the location of sound walls in large roadway projects. The sound wall could be located precisely upon the property line with the private property. However, locating such structures upon the property line results in increased costs associated with private utility adjustments and the acquisition of new utility easements. One possible solution is to locate the sound wall approximatefy five feet from the property line. Such a location solves many of the utility issues, but it does present issues related to the five feet of City property that lies upon the non-road side of the wall. ¦ Considerations: The attached ordinance seeks to address concerns related to a sound wall location that would be five feet from a property line. Currently, a property that abuts a street is required to keep abutting right-of-way up to the edge of the pavement and sidewalks clean and litter free. This ordinance would define "sound wall," and require the property owner adjacent to a sound wall keep such area clean and litter free. Next, the ordinance authorizes a property owner to extend a side lot fence to the sound wall without separately acquiring an encroachment from the City. In addition to these side lot fences, the ordinance seeks to address other improvements upon City property that generally are addressed in permit (not encroachment) process: driveway aprons; and private underground stormwater facilities that connect to public systems. ¦ Public Information: Public information will be provided through the normal Council agenda process. ¦ Recommendations: Adopt the attached ordinance. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works ?hJ\ ?l City Manager: v 1 AN ORDINANCE TO AMEND SECTIONS 23-50 2 AND 33-13 OF THE CITY CODE AND ADD 3 SECTION 33-114.5 TO THE CITY CODE 4 REGARDING SOUND WALLS AND CERTAIN 5 TYPES OF IMPROVEMENTS UPON CITY 6 PROPERTY 7 8 SECTIONS AMENDED: §§ 23-50 AND 33-13 9 10 SECTION ADDED: § 33-114.5 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 23-50 and 33-13 of the City Code are hereby amended and 16 reordained and Section 33-114.5 is hereby added to read as follows: 17 18 Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds 19 or grass. 20 21 (a) Except as provided in subsection (e) hereof, upon determination by the 22 director of housing and neighborhood preservation, the code enforcement 23 administrator, or any inspector of the department of housing and 24 neighborhood preservation, whether temporarily or permanently employed as 25 such, that there exists upon any land or premises within the city, including the 26 area befinreen such land or premises and the nearer of (i) the curb linei 27 includina a sidewalk if one is present or (ii) a sound wall, any trash, garbage, 28 refuse, litter or similar substances, except as may be placed thereon for 29 purposes of collection in accordance with chapter 31 of this Code, notice shall 30 be served on the owner of such land or premises or his or her agent, or on 31 the occupant thereof, or both, to cause such trash, garbage, refuse, litter or 32 similar substances to be removed from such land or premises within seven 33 (7) days from the date of such notice. For purposes of this section, "sound 34 wall" means a wall or other noise attenuation structure installed as part of a 35 citv, state, or federallv funded road proiect 36 37 (b) Except as provided in subsections (e) and (f) hereof, upon determination by 38 the director of housing and neighborhood preservation, the code enforcement 39 administrator, or any inspector of the department of housing and 40 neighborhood preservation, whether temporarily or permanently employed as 41 such, that there exists on any land or premises within the city, including the 42 area between such land or premises and the nearer of (i) the curb Iine1 43 includinq a sidewalk if one is present or (ii) a sound wall, any grass, weeds, 44 brush or similar vegetation in excess of ten (10) inches in height, notice shall 45 be served on the owner of such land or premises or his or her agent, or on 46 the occupant thereof, or both, to cause such grass, weeds, brush or similar 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 vegetation to be cut and removed from such land or premises within seven (7) days from the date of such notice. Sec. 33-13. Duty of property owners and occupants to keep abutting streets and sidewalks free of litter. All owners or occupants of real property shall maintain the sidewalks and curbs and the right-of-way up to the edge of the pavement of any public street abutting such property and one-half of abutting alleys in a clean and litter-free condition. All owners or occupants of real Property adiacent to a sound wall or similar noise attenuation structure shall maintain the area befinreen the Property line and the sound wall or similar noise attenuation structure in a clean and litter-free condition. Sec. 33-114.5. Improvements not Considered Encroachments. The followina improvements upon citv-owned Property are not considered encroachments, provided such improvements are otherwise properly permitted and do not present a safetv risk: (i) drivewav aprons; (ii) private sidewalks that connect to public sidewalks; (iii) extension of private underaround storm water facilities that connect to public svstems, provided such connections remain within the qropertv's extended side lot lines; and (iv) fences alona extended side lot lines befinreen privatelv owned real Property and a sound wall or similar noise attenuation structure. Nothinq herein shall be construed to provide permission for the construction or maintenance of anv improvement upon Citv Property that presents a danaer to the public health, safetY, or welfare. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT: ? Public W rks APPROVED AS TO CONTENT: Housin'gJaod lNeighborhood Preservation APPR4\/ED AS TO LEGAL SUFFICIENCY: ? orn' y's Office CA13013 / R-4 / November 20, 2014 ...?-, cN1A e£,?Ct+ ?-?V?' .? +» H.G1 t ?'i`»''?•,;,M„<??`;?" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-83.3 Pertaining to Jury Leave MEETING DATE: December 9. 2014 ¦ Background: State law prohibits requiring employees to 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 taking 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 the 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: There are three alternatives before the City Council for consideration. The original 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 draft policy that corresponds to this ordinance 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. The Alternative Version Requested by Councilmember Moss amends Section 2-83.3 to exempt from the repayment requirement employees claiming jury leave who receive two or less days of jury pay. The Alternative Version 2 Requested by Councilmember Moss, like the original 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 draft policy that corresponds to this ordinance, however, exempts from the repayment requirement only those employees claiming jury leave who receive two or less days of jury pay. This ordinance also requires any change to the Jury Leave Procedure in the administrative policy must be the subject of a briefing to the City Council at least forty-five days prior to such change being effective. ¦ Public Information: Public information will be provided through the normal Council agenda process. This item previously was advertised as part of the November 25th Council agenda and was discussed during that meeting's Informal Session. ¦ Attachments: Ordinances (3 versions: "Original;" "Alternative Version 1 Requested by Councilmember Moss;" and "Alternative Version 2 Requested by Councilmember Moss"); Draft HR Policy 3.02 (2 versions: "Original Proposal;" and "Alternative Version 2: Exhibit 1 ") Submitting Department for Original: Department of Finance City Manager. S 1 L. Alternative 1 and Alternative 2 Requested by Councilmember Moss 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 Sec#ion 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 emplovees for iury service will be provided in an 23 administrative policv promulqated by the city manaqer or desiqnee. e^., f°°° r°^°;,,°d 24 25 chall ho dorlUntorl frGm tho cmnlnycc'c r»y. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Department of Finance r D?partment of Human Resources APPROVED AS TO LEGAL SUFFICIENCY: . ? ' A#tor y's Office CA-13154 R-1 October 29, 2014 ORIGINAL PROPOSAL Policy Number: 3.02 Date of Adoption: April 15, 1986 City of Virginia Beach Date of Prior Revision: "'^..°^?h°' '", 2004.Decernber 1, OURT ATTENDANCE E 2014 NCE FOR C ABS POLICY Date of Current Revision: November 17, 20049Gt-ebeF 3; 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 ofAdoption: April 15, 1986 Date ofPrior Revision: Decemhet• 1, 2014Xgvegi-ber J?, 2004 Date of Current Revision: A'oventber 17, 2)04 • ,2 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 to section 5.5 of this policy. 3.0 APPLICABILITY: This policy applies to all full-time and part-time employees as defined by the Code of the City of Virginia 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 POLICY 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 ofAdoption: ApYil 15, 1986 Date of Prior Revision: Dccember 1, 2014Y'Fatiembei-17.-2004 Date of Current Revision: Noverriher 17, 2004 :_ , 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. ii. Annual leave or ' compensatory leave, in any increments permitted by payroll practices and as prescribed by Annual and Personal Leave Policy, No. 3.01 and Overtime Policy, 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. C. 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 ofAdoption: April IS, 1986 Date ofPriorRevision: Decembei- 1, 20141 ????e?nbei-?1-7-, 200? Date of Current Revision: A'oi?crribes• 17. 20040e'ebef° ?, 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 normal 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 not 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: 1)ecember 1. 2014r'14wefn4e?-- Date of Current Revision: A'oiwrnber 17, 2 0040et?bef- 3, ' Page 5 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 dutv lastinq (5) five work days ar less emplovees shall be permitted to retain Ernp'^y°°° :.r.".e r°G°::f° compensation from the Courts YR!,ess-the-employ°.?-eleQ+?without t-e usin e annuat leave or compensatory leave in lieu of jury leave. Far iury duty exceeding (5) five work davs emplovees who receive compensatian from the Courts shall be required ta reimburse the City far such compensatian unless the emplovee elected #o use annual leave or compensatorv leave in lieu of iury leave. 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 Date of Prior Revision: 1)ecenzber 1, ;} _ 014 4I .,. . 1 7 200 4 . ?"" ? Date of Current Revision: Noi?embef• 17, 20040e'ebe•-:32 Page 6 of 6 8.0 REVISION: The City Manager, or designee, may revise this policy, or any portion thereof, at any time. ALTERNATE VERSION REQUESTED BY COUNCILMEMBER MOSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO AMEND SECTION 2-83.3 OF THE CITY CODE PERTAINING TO JURY LEAVE SECTION AMENDED: § 2-83.3 WHEREAS, in many instances, the staff costs associated with processing jury payments exceeds the amount of such payment; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-83.3 of the City Code is hereby amended and reordained, to read as follows: Section 2-83.3. Jury Leave. All full-time merit employees of the city shall be eligible to receive paid jury leave when summoned to serve as jurors. Any fees received by such employees for service as jurors shall be paid to the city or an equal amount shall be deducted from the employee's pay; provided however, that due to the expense of the Citv's administrative process to recover daily iuror fees an employee who receives two or less days of iury pav shall not be required to remit that payment to the citv or have an equal amount deducted from the emplovee's pav. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA-13154 ALT-1 November 24, 2014 ALTERNATE VERSION 2 REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO AMEND SECTION 2-83.3 OF 2 THE CITY CODE PERTAINING TO JURY LEAVE AND 3 TO PROVIDE POLICY DIRECTION ON JURY LEAVE 4 5 SECTION AMENDED: § 2-83.3 6 7 WHEREAS, in many instances, the staff costs associated with processing jury 8 payments exceeds the amount of such payment; and 9 10 WHEREAS, the City staff recommends moving the topic of jury payments to 11 Human Resources Policy 3.02, "Absence for Court Attendance Policy." 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That Section 2-83.3 of the City Code is hereby amended and reordained, to read 17 as follows 18 19 Section 2-83.3. Jury Leave. 20 21 All full-time merit employees of the city shall be eligible to receive paid jui-y 22 leave when summoned to serve as jurors. The conditions upon which the citv 23 requires pavment received bv such emplovees for iurv service will be qrovided in 24 an administrative policv promulqated bv the citv manaqer or desiqnee. Any fees 25 , 26 27 28 29 2. That the City Manager is directed to enact an administrative policy that requires 30 (1) payment to the City for any jury service that exceeds finro days; and (2) any change 31 to the Jury Leave Procedure must be the subject of a briefing to the City Council at least 32 forty-five days prior to such change being effective. A draft of such policy is attached 33 hereto as Exhibit 1. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's OfficeC) CA-13154 ALT-2 November 24, 2014 ALTERNATIVE VERSION 2: EXHIBIT 1 Policy Number: 3.02 City of Virginia Beach Date of Adoption: April 15, 1986 BSENCE FOR COURT ATTENDANCE Date of Prior Revision: October 3, 2008 A POLICY Date of Current Revision: December 9, 2014 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. 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 Policy Number: 3.02 Date of Adoption: April 15, 1986 Date of Prior Revision: October 3, 2008 "r .embe„ 17 , 20014 Date of Current Revision: DeceJnber 9, 2014 , Page 2 of 5 3.0 APPLICABILITY: 4.0 and expense to a business be employer's business and Pursuant to state code, this Refer to section 5.5 of this mployees m efined by the ,r also applies mployees of een adopted by written consent ) are victims of criminal offenses, ed for jury duty, as those terms are nd court or criminal proceedings. 2.7 This policy applies to constitutional offices, if th of the appropriate elected 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. UNDUE HARDSHIP: A significant difficu and includes the consideration of the siz the employer's critical need of the emp definition applies only to crime victi, policy. ? 2.02 for guidance on whether leave used included in the computation of overtime 5.0 5.1 ROCEDURE: Crime Vicnf"?` 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 Policy Number: 3.02 Date ofAdoption: April 15, 1986 Date of Prior Revision: October 3, 2008 "T mbe•° 1 7 , 20014 Date of CurYent Revision: December 9, 2014 Oetebei- , Page 3 of S 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. ii. Annual leave or compensatory leave, in any increments permitted by payroll practices nd as prescribed by Annual and Personal Leave Polic N ; 1 and Overtime Policv, No. 2.02. A-V B. Employees requesting slip a copy of the stai the law-enforcemenq crime victims and, if scheduled criminal prc a victim. a ?v ctim lea all attach to the leave ized form pr d to the employee by :y listing the sp 'c rights afforded to icable, copy o notice of each ?g t : provided employee as C. Exceptions Clea ay b d if . mployee's leave creates s ardship ire tor of Human Resources, design shall h ? sole a ity to limit crime victim leave. depa ° nt beli that the employee's leave creates an un ` ha w the d rtment director shall forward a written W requ ? ?eave y e#he Director of Human Resources and .II in? r?all rel °? mation to support the request. ? D. The sha t refuse to hire or employ, bar or discharge from employ??,?ent or riminate against an individual in compensation or terms?-conditions, or privileges of employment because the ?i,ndividu ti quires leave to attend a criminal proceeding in which ? e i n d i? p? a l w a s t h e v i c t i m o f a c r i m i n a l o ff e n s e. 5.2 Victims a Su ndance in 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. Policy Number: 3.02 Date ofAdoption: April IS, 1986 Date of Prior Revision: October 3, 2008 X-evemb"'c014 Date of Current Revision: December 9. 2014 r'e'eher 3, 2008 Page 4 of S 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 employee, p`= hours they are required to remain in court in excess of an employ ormal working hours. 6.3 When employees elect to use cou' ve their presence is required for four (4) hours or less, ' yees ar quired to contact their department to determine if eed to return ork. Employees who fail to contact their depa t and/or fail to r to work, may be designated as absent without ,e (AWO for the r'ning work period and may be subject to disciplina' '-tio 6.4 Exceptions A. Employees appO n.c??l'00aUaible to ?? e? court ize an "° ?I leave ?with ;??,pnpay, but a eitheP Jplaintiff or defendant shall co xR e for h absences. Employees or defendant may choose to a?.pensato ' eave, or may elect to utilize e_ y in full day increments. irt as witnesses on behalf of the City eir job duties shall not be required to :, ervt? as expert witnesses unrelated to their City vho receive compensation for their testimony shall be mburse the City for any fees received from an outside >s the employee elects to use annual leave or f time in lieu of court leave. 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. Policy Number: 3.02 Date of Adoption: April 15, 1986 Date of Prior Revision: October 3, 2008 Azovembe;?-,O 014 Date of Current Revision: December 9, 2014 Oetobei, , Page S of S 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 iury dutv lastinq (2 permitted to retain €Fnple compensatory leave in lieu of ju work davs emqlovees who rece' uired to reimburse cted to use annual 7.3 The City shall not compensate A, remain in court in .,§js of an em 7.4 When employees ele' , four (4) hours or less, lo to deter hey nee their nd/or abse ithout I ° (AWC? subjec .u 'scipli ? action. uch less emplovees shall be pensation from the Courts ? usinc.e annual leave or urv dutv exceedinq (2) two )ens from the Courts shall be leave 'eu of ?or hours th re required to normal workinq .' " urs. leave, their presence is required for y e requ to contact their department retur rk. yees who fail to contact t or , may be designated as ?:;; w=P`th e re ing work period and may be ?Tyn? 7?`°' ?ees ? e s : ed ,??;d appear for jury for four (4) hours or more, din el time, eday shall not be required to begin any ` work shi t be on or aer 5:00 p.m. on the day of service or that beains bef z:. :00 n the following day. 7.6 City shall discharge, take any adverse employment action against, or Mire the?Q?ie of sick leave or vacation leave because employees ?an# from work due to jury duty. neebe akzs 8.0 REVISION: The City Manager, or designee, may revise this policy, or any portion thereof, at any time; provided however, that anv revision to the Jurv Leave Procedure shall be briefed to the Citv Council in an informal session and allow forty-five davs prior to such chanqe beinq effective. , ? ? ._. .; x t, CITY OF VIRGINIA BEACH ITEM: Resolution Approving a Non-binding Term Sheet For the Development of an Arena and Authorizing the Development of Definitive Project Documents MEETING DATE: December 9, 2014 ¦ Background: on November 8, 2013, the City of Virginia Beach (the "City") received an unsolicited conceptual proposal under the Virginia Public-Private Education Facilities and Infrastructure Act (the "PPEA") and PPEA Guidelines adopted by City Council (the "Guidelines") from the W.M. Jordan Company ("W.M. Jordan") for the development of a major sports and entertainment arena adjacent to the Virginia Beach Convention Center (the "W.M. Jordan Proposal"). City Council directed City staff to accept the W.M. Jordan Proposal and solicit competing proposals for ninety (90) days. On February 17, 2014, the City received a proposal from United States Management ("USM") to construct and operate an arena similar to that proposed by the W.M. Jordan Proposal (the "USM Proposal" and, collectively with the W.M. Jordan Proposal, the "Proposals"). On February 25, 2014, City Council informally directed staff to 1) accept the USM Proposal, 2) to form a Citizen's Communication Committee to gather input from the community on the Proposals, and 3) to begin evaluating the Proposals. On May 27, 2014, City Council adopted a resolution directing staff to proceed with negotiations with USM to attempt to develop an acceptable term sheet for the construction and operation of a privately funded arena. City Council also directed staff to suspend negotiations with W.M. Jordan. Since the May 27, 2014 resolution, City staff and representatives of USM have worked to develop a non-binding term sheet for the construction and operation of an arena (the "Arena") on City-owned property adjacent to the Virginia Beach Convention Center (the "Arena Term Sheet"). ¦ Considerations: The development of an arena has been a goal of both City Council and many members of the public for numerous years. The proposal as set forth in the Arena Term Sheet relies on a private funding source for the construction of the Arena with the public contributing: (i) land for the Arena, (ii) approximately $53,000,000 for public site improvements and (iii) payments to the operator of the Arena of an amount equal to all the taxes generated at the Arena, plus 1% of the existing City-wide hotel tax. The funds necessary to pay for the site improvements, and the 1% of the existing City-wide hotel tax are proposed to be appropriated from the TIP Fund. In addition to the $53,000,000 in necessary site improvements, staff has identified another $26,300,000 in site improvements to be considered by City Council as a part of the final approval of the Arena (the "Optional Site Improvements"). To fund the Optional Site Improvements, staff has proposed increasing the City-wide hotel tax by one dollar ($1.00) per room night for a five-year period. The Arena Term Sheet is a non-binding document that will guide the development of the definitive transaction documents. Prior to execution of the final transaction documents, this matter will come back to City Council for a public hearing and another vote on whether to authorize the execution of such documents and bind the City. At that time, City Council will also decide whether to fund the Optional Site Improvements, either through the proposed increase in the hotel tax or from some other source. ¦ Information: Public information for this item will be handled through the normal Council Agenda process. A copy of the proposed Arena Term Sheet was provided to City Council on November 26, 2014. City Council heard public comments at the December 2, 2014 meeting, and at the Arena Communications Committee public meeting hosted by Councilmen Wood and Dyer on December 3, 2014. ¦ Alternatives: Approve the Arena Term Sheet as presented, modify the Arena Term Sheet, deny approval of the Arena Term Sheet, instruct staff to resume negotiations with W.M. Jordan, or cease negotiations toward the development of an arena at this time. ¦ Recommendations: Approve the Arena Term Sheet and authorize the development of supplemental project documents. ¦ Attachments: Resolution, Arena Term Sheet, Project Map Recommended Action: Approval Submitting DepartmentlAgency: Economic Development / SGA Office?? City Manage. Kj vvk -_ 8 1 RESOLUTION APPROVING A NON-BINDING 2 TERM SHEET FOR THE DEVELOPMENT OF 3 AN ARENA AND AUTHORIZING THE 4 DEVELOPMENT OF DEFINITIVE PROJECT 5 DOCUMENTS 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 8 and City staff have engaged in extensive negotiations with representatives of United 9 States Management, LLC, and its affiliates (collectively "USM"), regarding the 10 development of an arena on City-owned land adjacent to the Virginia Beach Convention 11 Center (the "Arena"); 12 13 WHEREAS, USM has worked with the City Manager and City staff to develop a 14 non-binding term sheet dated November 25, 2014 (the "Arena Term Sheet"), which 15 outlines a comprehensive development plan for the construction, financing and 16 operation of the Arena; 17 18 WHEREAS, the Arena Term Sheet is attached to this Resolution as Exhibit A, 19 and was provided to City Council and the public on November 26, 2014; 20 21 WHEREAS, the City Council finds that the development of the Arena will 22 stimulate the City's economy, increase public revenues, enhance public amenities and 23 further the City's development objectives; and 24 25 WHEREAS, the City Council desires to approve the Arena Term Sheet and 26 directs the City Manager and the City Attorney to develop the final documents 27 necessary and appropriate to set forth the detailed terms and conditions of the 28 transaction contemplated by the Arena Term Sheet. 29 30 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 1. That the City Council approves the non-binding Arena Term Sheet dated 34 November 25, 2014 (the "Arena Term Sheet") between the City of Virginia Beach and 35 United States Management, LLC, attached to this Resolution as Exhibit A and made a 36 part hereof, subject only to technical modification that may be acceptable to the City 37 Manager and in a form deemed satisfactory by the City Attorney. 38 39 2. That the City Manager and the City Attorney are hereby authorized and 40 directed to proceed with the development of supplemental project documents necessary 41 and appropriate to implement the transactions substantially as outlined in the Arena 42 Term Sheet. 43 3. The City Manager is directed to present the proposed final project 44 documents to City Council for approval and for authorization to execute said documents 45 on behalf of the City of Virginia Beach. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of 12014. APPROVED AS TO CONTENT: GV??'- 6-44L Economic Development APPROVED AS TO LEGAL SUFFICIENCY: , City Attorney CA13189 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom321Wpdocs\D025\P014\00039675.DOC 11 /26/14 R-1 EXHIBIT A 11/25/14 Arena Term Sheet The City of Virginia Beach (the "City") has solicited proposals under the Virginia Publio- Private Education Facilities and Infrastructure Act (the "PPEA") for the development of a sports and entertainment arena near the Virginia Beach Convention Center (the "Project"). That process resulted in the Virginia Beach City Council electing to attempt to develop an acceptable framework of a transaction with United States Management, LLC (the "Developer"). After a period of negotiation, the parties have reached the following non-binding terms to serve as the basis for continuing negotiations for potential definitive agreements for the development and operation of the Project: 1. PROJECT AREA: A. The project area consists of approximately 40 acres owned by the City and is shown on attached Exhibit A(the "Project Area"). The Arena will be constructed on approximately five (5) acres of property within the Project Area (the "Property"). B. City to lease Property to Developer for forty (40) years (the "Lease"). The Lease will include provisions granting rights to the Developer to use the Plaza, defined below, and specified parking areas for Arena events for the term of the Lease. The definitive documents will address issues related to parking and site ingress and egress. Prior to vote on Lease, requirements of § 15.2-2100 of the Code of Virginia are to be met. 2. PROJECT DESCRIPTION: A. Developer has prepared conceptual plans for the development of a 16,500 seat capacity (with minimum permanent seating of 15,000, including loge boxes and retractable seating) Entertainment and Sports Arena (approximately 500,000 Sq. Ft. total) (the "Arena"). The exact location and orientation of the Arena within the Project Area to be agreed on by the parties. B. The Property will be leased by the City to the Developer who will construct the Arena at Developer's cost. C. The Arena will have the elevations and features, including initial furniture, fixtures and equipment capable of supporting all events identified in Developer's pro forma as set forth on Exhibit B, attached. Included on Exhibit B are several optional elements of the Arena (including an ice-floor). Prior to execution of the definitive documents (which will include documents addressing booking and parking coordination), the parties will agree on which optional elements will be included in the final plans and whether the costs of those elements wi11 be borne by the City or Developer (or shared). D. The Arena will be of a quality comparable to the Pinnacle Bank Arena in Lincoln, Nebraska including level of finish. E. Developer to be responsible for operations, programming and upkeep of Arena in accordance with comparable commercial industry standards to be specified in the definitive documentation. 1 F. A comprehensive parking plan will be agreed upon by City and Developer in the definitive documents (which will include offsite resources as necessary to meet demand of large events and parking in the Project Area for box office and Arena stafo. City to set rates and collect revenue for parking in Parking Area (defined below) in City's discretion for non-arena events. If Developer elects to add a fee or other surcharge to its ticket prices, such fee or surcharge will not be identified as a municipal tax, charge or fee. G. Arena to be designed for possible expansion/upgrade for use by an NHL or NBA team. H. City and Developer to coordinate events at Arena and Virginia Beach Convention Center (VBCC) to manage parking demands and maximize return to both facilities and ensuring to the extent possible that significant events at the Arena will be given priority. Prior to execution of final documents, parties to negotiate a booking policy/coordination agreement to ensure constructive interaction between Arena and VBCC and provide for ability of City to book 10 City-sponsored events (not to exceed a total of 10 event days) at the Arena per year with City paying actual cost of such events including Event Day Services, defined below. Parties to form an "Operating Committee" to address such issues on an on-going basis. City and Developer to coordinate event services, including traffic and parking, to manage demands on local area resources on an ongoing basis as requirements and resources change over time. L Anticipated construction cost of Arena (including soft and hard costs) is $200,000,000. J. Developer to control sponsorship and naming rights and retain all revenue generated by the sale of those rights at the Arena. Developer agrees to include the name "Virginia Beach" in the name of the Arena subject to the approval of the naming sponsor, and to use commercially reasonable efforts to include "Virginia Beach" in their promotional efforts. 3. CITY PARTICIPATION: A. Commit to design and construction of off-site improvements as identified as the "Total Infrastructure Costs" (without optional costs) on the memorandum (the "Site Improvements Memorandum") from Kimley-Horn and Associates to Barry Frankenfield dated October 6, 2014 and attached hereto as Exhibit C. The elements comprising the Total Infrastructure Costs are referred to herein as the "Site Improvements" and include: 1) Additional parking spaces necessary to create a minimum of 2,700 City-owned parking spaces in the Project Area and within 2500 feet of the Arena on surrounding City-owned property (as shown on Exhibit D as the "Parking Area"). 2) Stormwater, sewer and utility facilities sufficient to serve the Arena and the associated Site Improvements. 3) Enhancements to traffic and road inventory necessary to support the Arena as shown on the Site Improvements Memorandum or as otherwise mutually agreed on by the parties. 2 4) To the extent not already in the Site Improvement Study, wayfinding and road and parking signage necessary to support the Arena. 5) Public plaza adjacent to the Arena in accordance with mutually approved plans (the "Plaza"), the elements of which are generally described in the Site Improvement Study. 6) City to expedite all approvals for Arena and Site Improvements to extent possible. B. Establishment of an Arena Financing Fund as authorized by § 15.2-5925 of the Code of Virginia (the "Fund"). C. Annual appropriation of (i) all, real estate, personal property tax, business license tax, admission, and meals taxes generated in the Arena and (ii) an amount equal to the revenues generated by a one percent (1%) transient occupancy ("hotel") tax on such transactions City-wide. City to begin appropriating hotel taxes to the Fund the earlier of (i) the receipt by the Developer of a certificate of occupancy for the Arena ar(ii) July 1, 2017 if the Developer is in compliance with development timelines established in the definitive documents that contemplate a 2017 Arena opening date (the "Scheduled Opening Date"), or if the actual Arena opening date is delayed past such Scheduled Opening Date solely as a result of the failure of the City to perfonn a contractual obligation under the definitive agreements (a "City Delay"). D. Annual appropriation of all state sales and use taxes generated at the Arena into the Fund as authorized by § 15.2-5926. E. The monies appropriated into the Fund to be made available to Developer on a quarterly basis commencing with the issuance of a certificate of occupancy for the Arena and continuing until the first to occur: (1) the expiration of the original amortization period (contemplated to be thirty (30) years) of the Developer Financing established at closing or (2) July 1, 2043 (outside date authorized for the Fund per General Assembly as may be extended by the General Assembly). Amount of Fund available to Developer to be annually capped at the sum of (i) annual amount necessary for Developer Financing payments (estimated to be $12,230,000 per year - the final cap will be the actual annual debt service payments established prior to closing); and (ii) annual amount equal to a six percent (6%) return on the Developer Equity (estimated to be $2,400,000) (this amount does not include a return of the principal equity investment); for a total estimated annual cap of $14,630,000. Notwithstanding the foregoing, if the Arena has not opened by the Scheduled Opening Date, solely as a result of a City Delay, monies in the Fund will be made available to the Developer as of the Scheduled Opening Date and continuing as set forth in the previous paragraph. While it is the expectation of the parties that all capital maintenance, upgrades and Event Day Services at the Arena shall be paid for by the Developer from the operating revenues of the Arena, use of the Fund and/or the annual cap may be subsequently increased to assist with these expenditures if requested by the Developer or initiated by the City and approved by City in its sole discretion. For the avoidance of doubt, monies from the Fund made available to the Developer shall not be increased to reflect any refinancing of 3 the Developer Financing or any subsequent modifications, extensions or increases thereto without the prior consent of the City in its sole discretion. 4. PROPERTY LEASE TERMS: A. Property Lease Rate -$1.00 per year for forty (40) years, paid in advance. B. Lease assignable with permission from City (not to be unreasonably withheld based on specified parameters). C. City shall permit leasehold deed of trust to secure primary loan. Final documents will provide lender with reasonable and customary leasehold financing protections (assignment, notice, cure rights, etc.). If lender requires subordination of City's fee interest in Property, City will subordinate City's interest if City receives satisfactory protections and cure rights giving the City the option to either cure the default and assume the loan (with no fee) or pay off the outstanding principal and interest (without prepayment fee) to avoid foreclosure. If subordination is required, a three-fourths (3/4) majority of City Council will be required to approve the Lease. D. Developer responsible for maintaining Arena to industry standard and for upgrades as required. Parties to agree on standards prior to execution of definitive documents. E. City to receive, at no cost, eight (8) premium tickets to every event at the Arena, along with four (4) parking spaces inside Arena, if such parking is constructed. City to have the right to use, at actual cost, an unsold skybox/suite. The City may not sell any tickets, parking or skybox/suite use or tickets. F. Lease will provide the City with remedies (including right to terminate Lease and purchase Arena) for failure to operate facility/ hold a minimum number of events. G. Lease will include requirements for reserves for capital improvement and reinvestment in accordance with industry standards, funded by Developer out of Arena operating proceeds after stabilization. H. Arena reverts to City at end of Lease term. 1. Construction timetable will be established with milestones. City will have right to terminate the Lease and assume project (subject to assumption or pay off of Developer Financing for failure to meet milestones after notice and cure period). If the fair market value of the Arena improvements constructed as of the date of assumption exceeds the balance of the Developer Financing, Developer will be compensated for such excess value. The exact method of valuation to be described in the final documents. J. Address Operational Controls - The Developer will operate the Arena in accordance with industry standards. Prohibited events and restrictions on naming rights will be delineated in definitive agreements. 4 5. DESIGN AND CONSTRUCTION OF IMPROVEMENTS: A. Developer agrees to design and build the Arena in substantial conformity with the site plan, elevations and standards set forth on Exhibit E, attached hereto. City will have approval over all plans and specifications for Arena (and any change orders materially affecting design concepts and criteria) for compliance with approved design concepts and specifications. City entitled to have its project manager participate throughout design and construction process to ensure that plans and specifications incorporate the agreed upon design concepts and criteria in all material respects and that Arena is constructed as shown on approved plans. B. City agrees to construct (after compliance with a procurement process) the Site Improvements. If consistent with applicable Virginia procurement law, City and Developer to cost participate on some of the Site Improvements (meaning Developer would construct certain of the Site Improvements in conjunction with construction of Arena and City would pay Developer's costs of that construction). To finance the cost of the Site Improvements, the City anticipates adding one dollar ($1.00) per night to the City-wide hotel tax for a period of five (5) years. C. Developer to post performance/completion bond prior to commencement. City named as a beneficiary under the bond and will have right to step in and complete construction of Arena in event of default which remains uncured after notice and opportunity by Developer (including failure to meet milestones and complete and open project). City will also have collateral assignment of all project contracts (A&E, general contractor, management, etc.), subject to the lender's first priority assignment of such contracts. D. Contingencies for commencement: 1) Approval of a mutually acceptable lease by City Council. 2) Receipt of all discretionary approvals set forth in Section 7, below. 3) Receipt of site plan approval and issuance of applicable building permits. 4) Parties mutually approve the overall aggregate final project budget. 5) Developer obtains financing (debt and equity) for Arena sufficient to fund final proj ect budget. 6) City receives bids for construction of the Site Improvements set forth in Section 3A, above, for a total cost of not more than $53,000,000. E. Parties to agree on construction schedule, including commencement and completion dates. Failure to materially comply with schedule to be grounds for termination of lease. 5 F. Maintenance of Arena to be sole responsibility of Developer. City responsible for maintenance of Site Improvements, including landscaping and trash removal as deemed appropriate by the City. Maintenance standards to be maintained by both parties shall be complimentary and coordinate to meet needs of events. 6. DEVELOPER FINANCING REQUIREMENTS: A. Developer to obtain financing for project as follows: 1) Developer contributed equity: expected to be $40,000,000 (the "Developer Equity") 2) Developer obtained debt: expected to be $170,000,000 (the "Developer Financing"). 3) In event of default by Developer under Developer Financing, City to have right to cure and assume Developer's interest or pay off balance (excluding assumption fee or prepayment penalty or fee, if any) and assume ownership of Arena. Lender under Developer Financing required to give City simultaneous written notice of all defaults. B. Prior to Council approval of final documents, all key financing terms to be agreed on by Developer and Lender and City to be provided with satisfactory evidence that such funds are committed subject only to final approval by lender. City to be provided prior to closing with satisfactory evidence of sufficient equity and debt financing to complete Arena. 7. DISCRETIONARY APPROVALS: A. Property acquisition/ street closures, if necessary depending on final agreed upon layout of Arena and Site Improvements. B. Conditional Use Permit for Indoor Recreational Facility or special exception under the form based code (Developer to apply with City expediting process to extent possible). C. Signage (exterior digital signage). D. FAA Height Approval. E. Navy Approval (MOU process). F. City Council approval of a Term Sheet and subsequent approval of definitive documents upon completion of those documents. G. Easement(s) or Encroachment(s) for architectural and/or accessory features, etc. H. Approvals, if any, required by the Commonwealth pursuant to § 15.2-5923. 6 8. MISCELLANEOUS: A. Developer will pay costs of reasonable and adequate incremental event day services (police, EMT, security, etc.) as delineated in the definitive agreements (the "Event Day Services"). B. Developer to pay all utilities and fees (including trash collection) associated with the operation of the Arena. C. Developer will insure Arena at sole cost. D. There will be no additional tax or fee waivers or refunds beyond those included in the Arena Financing Fund. E. Although the parties intend to continue negotiations based on the terms set forth in this Term Sheet, this Term Sheet is not (and is not intended to be) a binding agreement. The terms and conditions set forth herein are subject to further mutual negotiation and agreement and are not binding upon either party unless and until embodied in formal, mutually acceptable definitive documents. F. Any obligations of the City of Virginia Beach or political subdivision of the Commonwealth of Virginia shall be subject to annual appropriation of sufficient funds to meet that obligation. G. The Developer acknowledges that the City Council has a goal of 10% minority participation in City contracting. Developer will make its best efforts to meet that 10% minority participation goal. 7 Virginia Beach Arena Exhibit A Project Area (Page 1 af 1) Virginia Beach Arena Exhibit B Furniture, Fixtures and Equipment Draft Furniture, Fixtures and Equipment Listing (Page 1 af 3) ITEM # iy iTEM COMMENTS 1 BOX QFFICE EQUIPMENT 5AFES, CASH DRAWERS, STOOLS, ETC. 2 CURTAINS/DECQftATIVE/WINDOW WINdOW TREATMENTS, NALF HOUSE CURTAIN, VOM CURTAINS TREATMENTS 3 CROWD CQtvTROL QUEUING EQU(P., ETC. 4 EVENT EQUIPMEN i- GENERAL TABLES, CHAIRS, PIPE & DRAPE & SKIRTiNG; INCL BANQUET CHAIRS FQR BALLROOM 5 EVEN? EQUIPMENT - SPORTS SPORTS EQUiP 6 FlRSTAID EQUIRMENT FIRSTAID EQUIP. & SUPPLIE5 7 ? FURNI i URE INCL. ALL BIiILDING, OPS, OFFICE AND SUiTES W/ DESIGN FEE INCL. 8 HOUSEKEEPING EQUIP. HARD & SOFT SURFACE EQUIPMENT 9 LAUNDRY EQUIPMENT WASHERAND DRYER 10 LIFT EQU!PMENT SCI550RS, BOOM, ETC. 11 L4CKER ROOMS - SPOR -i S EQUIP 4NLY, LOCKER5 ASSUMED `f0 BE CN BASEBUILDING 12 GREEN & DRESSING RUQM DRESSING MIRRORS, FURNITURE, APPLIANCES, ETC. 13 IOCKER ROOMS - EMPLUYEES FUR i HER S'l1DY NEEDED TO DE i ERMINE 14 MATERIAL HANDLING EQUIP. rORKIlFTS, UTILIIY VEHICLES, ETC. 15 OFFlCE EQUIPMEfVT COPIERS, FAX MACHINES, ETC. 16 FERSC3NNEL RELATED TI(v1E CLOCK, UNIFORIVIS, TRASH COMPACTOR, ETC. 17 PRESS EQUIPMENT PRESS INTERViEW ROQM E4UIPMENT 18 RADIO COMMUNICATIQNS RADfOS, REPEATERS & ACCESSORIE5 19 SECURITY EQUIPMENT SECUR(TY CONSOLE, CHAIRS, MEGAPHONES, ETC. 20 SOURlD & LIGHTING SPOTLIGHTS, A/V EQUIP & A551STIVE LiSTENING 21 5TAG1RIG j RISERS PERFORMANCE STAGE & ACCESSQRiES 22 TELEVISION SYSTEM CONCOURSES, CONCESSIC?N STANDS, LOCKERRCfOMS, SUITES, ETC. 23 7RAFFlC CONTROL CONES, BARRICADES, ETC. 24 TOOLS/ STQRAGE & GENERAL MAINTENAfvCE 5HOP REL,4TED lTEMS 4PERATIDR!S Virginia Beach Arena Exhibit B Furniture, Fixtures and Equipment Draft Furniture, Filctures and Equipment Listing (Page 2 of 3) ITEM # DESCRIPTION B.1.1 ADVERTISINu SIGNAGE - INTERIOR 6.1.2 AQVERTISING SIGNAGE -TITLE 8.1.3 ADVERTlSING SIGNAGE - MID RAN6E B.2 COMPUTER SYSTEM 6.3 QIRECTIONAL(WAYFINDING SIGNAGE B,4 FALL PROTECTION SYSTWM B.5.1 , F & B - EQUIPMENT B.5.2 F & B -SMALLWARES B.5.3 F& 8- MENU BOARDS 8.5.4 F& 8- P05 & SOFTWARE B.5.5 F $c B - PORTABLES 13.6.1 FIXED SEATIN6 8.6.2 TELESCOPIC SEATING / RISERS B.63 IN FILL RISERS 6.7 MARQUEE 8.8.1 SCQREBOARQ - INFRASTRUCTURE 6,8.2 SCOREBOARD - VIDEO BOARDS B.8.3 SC4REBOARD - FRONT END EQUIPMENT 8.8.4 SCOREBOARD - AUXILIARY B.8.5 SCdREBOARD - RIBBON BOARDS B.4.1 SECURITY SYSTEM B.10 TELEPHONE SYSTEM B.11 TRASH COMPACTQR I 8.12 RECYCLING UNIT Virginia Beach Arena Exhibit B Furniture, Fixtures and Eqnipment Qptionai Elements (Page 3 af 3) The following optionai elements are not required for initial arena operations in full accordance with our pro forma. Their installarion would create a significant cast burden on the developer while producing a nominal return. However, inclusion of these oprional eletnents would yield substantial benefits to the City and conununity, as they would enhance the ability to market the arena for participatory, college and prafessional sporting events which would create substantial revenue for area hotels, restaurants a.nd businesses. Ttem I3escription Enablin Function Ice flaor Basic installation of subfloor Substantially shortens the time period insulation an+i refrigeration lines required to upgrade the arena for NHL use and elinainates retrofit casts. Ice plant and Chiller systems required to M?? ?? ?.ena/City more attractive dehumidifcation operate the ice floor and create a to a relocating franchise because it systerns skati.ng surface, as well as would shorten the time required for desiccant and dehumidification ?e team to reach full operational equipment. capability. Ice equipment Includes flooding equipment, Provides full ice capability from Day dasher system, edger, cover, etc. One the ability to market the arena for participatory ice events such as youth hockey and figure skating, as well as eollege and professional exhibition events such as NCAA., AHL or NHL. Auxiliary Awxiliary scoreboards serve Enables the ability to market to Basketball multiple basketball courts participatory youth basketball Scoreboards simultaneously. tournaments, as well as some high school and college tournarnents. Scoreboard Enhancei 6mm video display Enables NCAA. DlA sports upgrade (1) and front end video equipment. tournaments. Scarebaard Enhanced scoreboard design Wou1d support enhanced City upgrade (2) with upgraded display marketing display. ' ca abilities. ? Virginia Be$ch Arena Elchibit C Site Improvements Memorandum (P'age 1 of 13) ????e vn A` MEMORANDUM Barry Frankenfield, PLA, FASLA, AICP To: pan Adams, P.E. Carl Tewksbury, P.E. From: Randy Royal, P.E. Luke Twilisy, EIT Kimley-Horn and Associates, Inc. Date: Octaber 6, 2014 Subjec't: Virginia Beach Arena - Conceptual Planning Site infrastructure Costs Exectatlife SuCf??ary Kimley-Horn was retained by the City of Virginia Beach Strategic Growth Area (SGA) Uffice to prepare planning level infrastructure cost estimates to support the proposed Virginia Beach Arena. The cast estimates include all required infrastructure outside af the "drip line" of the arena and do nat include costs inside the arena. Cost estimatas were prepared by a licensed prafessional engineer. Kimiey-Hom coardinated with Clark-Nexsen ta acquire a working conceptual site plan from which quantities cauld be estimated. Kimley-Hom also coordinated with utility providers (Verizon, Cax Cammunications, Dominion Virginia Power, Virginia Natural Gas, and City of Virginia Beach Public Utilities) ta determine existing seruice in the area, service requirements to support the arena, and connection fees. Kimley-Horn caordinated with Virginia Beaeh staff far costs related ta site furnishings, landscaping and irrigation, parking control equipmen#, and city permitting and inspection fees. Additionally, Kimley-Horn caardinated with the USM design team for cost estimates associated with the marquee signs and concourse access treatments. Planning cost estimates were alsa provided for additional, optional impravements that are not required to suppcart the arena but should be of consideration to enhance the area surrounding the arena. Thsse include intersection improvements at Birdneck RoadNirginia Beach Boulevard, Birdneck Raad streetscape, Virginia Beach Bou(evard streetscape, and 19'h Street streetscape. It is noted that all costs were based upon preliminary conceptual layout plans and there is potential for change as the project cantinues to develap and mare information becomes avaifable. The base infrastructure costs do not indude soft costs such as design, cantingency and escalatian, and inspecfion which were estimated separately as a percentage of the total canstruction casts. Additionally, operating costs (e.g., police and security patrol, traffic management, etc.) are nat included. - 7 45? „ . ?t at?rEe ??0? ?r???ra Be?ci? U?. 23462 Virginia Beach Arena Exhibit C 5ite Improvements Memarandum (Page 2 of 13) 3?? ?'? PGtr ; 2 e.` 2 in y The fal(awing tabie summarizes the planning cost estimates per rnajor category for infrastructure essential to the arena, soft casts, and optional costs. Attached are exhibits that include the detailed breakdown of individual line item project costs and supporting graphical exhibits. Exhibit Base Gonstruction Costs - Mobilization $2,500,000 2-5 Roadway Improvements $4,478,000 6 Utilities $4,722,000 7 Qemolition $880,000 8 Site Development $23,413,000 - Total Construction Costs $35,993,000 - Contingency and Escalation (20°!0) $7,199,004 - Design (15°l0) $6,479,000 - Canstruction Inspection $3,000,000 - Total Soft Costs 516,678,000 Optional Costs Birdneck Road Streetscape Costs"' $2,482,000 Virginia Beach Baulevard Streekscape $7,473,000 9 Costs* 19 Street Streetscape Costs* $9,718,000 Optional Intersect+on fmprovements'" $6,491,000 - Total Ootional Improvement Costs $26,162,000 *Does not include right-of-way acquisition that may be necessary pending further design. ""Cost provided by the Ci#y of Virginia Beach through a CIP estimate. Thank you for the opportunity to be of servics. If you can provide anything additianal or answer any questions, please (et us knaw. Kimley-Horn ?'"?° Car! Tewksbury, P.E. Attachments Virginia Beach Arena Exhibit C Site Improvements Memorandum (Page 3 of 13) City of Virginia Beach Arena ;'Jrnl;;y:*Horr DRAFT Preliminary Opinion of Probable Cast - Base Cost (Exhibit I) 10/06/2!?14 kom pescrpption UnRCast Unit Quantity TotalCost Dmwlitian S Oearl 61 tlearing and gru66ing - Forested area S7•200 AC 9'9 $71'000 82 Dertai?ton of existing parkin lou $6.50 SY 66,550 $433,000 g; Demolitian of li t pole base and salvage poles $600.01) Ea 131 579.000 94 Removal of abandoned 24" water Line $27.00 LF 700 $39,000 BS pemoval of abandoned 6" water Line $10.00 LF 650 $7,000 66 Removal of abandoned 8" sewer line $12.00 LF 700 $8,000 B7 Removal of abandoned sanitary manholes $1,200.00 EA 3 $4,000 86 Removal of erzisting starm piping (FIDPE 10"-18" diameter) $5.05 IF 2,215 $11,D0 69 Removal of existing storm piAing (HOPE 20"-36" diameter) $7.60 LF 2,585 $20,000 B10 RemwalofexistingstormpipingJHOPE42"-48"diameter) S8.40 lf 1,315 $11,000 B31 ReRioval of exls[In storm [atch Basins & nnanholes $1,400.00 EA 7 $10,W0 612 DemollUOn of [Ighthouse Ceoter $0.36 Cf 56,000 521,000 613 Demalition of existing landscape features along 19th street between Jefferson and existing Gold Key Buiiding $6.50 SY 4,444 $24,000 614 Demolltion of existing internal site asphalt roads S6.50 SY 8.764 557•0Da 835 Misc. utility demolrcion $100,000 LS 1 Sub-tma! utilides -1Nater Ci 10" Water service line - $90 LF 400 P C2 lfi" Flre servix line $140 LF 400 p Install fire h rdant from 24" main on Vrginia Beach Blvd $20,000 l5 1 ? Detector Check Assemhly pncludes assem6fy, vauft, and instailationl $45,000 IS 1 $45,010D f5 Water appurtenances (MMer, RPZ, Valves etc) $100,000 LS 1- S100,000 Sub-wt_+l $257000 utilitles - Scwer DS Proposed SB" Sanitary Sewer 5160 LF SOD $80,000 D2 Sanitary Manholes $5.000 FA 5 S25,000 p3 Pump Station p114 renovations $1,000,006 EA 1 $S,WO,OOQ Suh-m'lf y1:2U5 OW Utipttes - DraineZe ImprovemeMs ES Enisting ReteMion Basin (Pond #1) Modificatian S40 CY 10,250 $410,006 E2 Construct new pond (at Northwest corner) $25 CY 7.250 $IBI,OW E3 Modlfy in{ets/OUtlets $50,000 l5 1 $50,000 E4 Filterra Devices $26,000 EA 12 $240,006 ES UndergroundDMention $15 CF 28,000 $420,OW Note- Pervious pavers are part of drelnage improvements but costs are captured under ske development - Section ! Sub ?vtai 5430,IXW Udlltias - tlecVk (DanMbn) FI ConreKOVerheadlinestaunderground-Alongl9thtoN.Birdneck $1,600 lF 1,050 $1,680,000 SV04o'?f $2,68D'JJO uttUtles -7elemmmualcatbns (? a veAxon) GS Yerizon-(4)4"Conduitstobuilding $20 LF 1,200 $48,W0 G2 Verixon -(4) 4" Redundant Iine mnduit to buildin $20 LF 1,200 549,000 63 Ver¢on - Provide redundant fiber/copper lines ta building $20,000 LS 1 $40,006 64 Verizon -Telecom Junction bax $5,000 EA 4 $40,000 GS Cox - New fiber optic extensian $25,60D EA 1 $51,00C G6 Cox - New coa: extensian $7,950 EA 1 $16,000 GJ Cox - Relocate existin cox facilities undergruund $18,000 EA 1 $36,000 SLDIJYOl S;fnQ.Gx Utilitim • Natural Gu (VI Ea Narirai Gas) HS Minor tie-ins to support arena demands (setvice to be provfded vla 12" igas main off ot Yrginia Beeth Blvd) $100,000 IS 1 S100,000 Sub-tortrt $100000 Civil S'ite Dtvetopme,rt ?i Site developmeM of surface parking - asphalt eontrete (Price includes: Lut/fl!l to 2', Grading, Cornpacxian, Soil stabilizatlan, 8" stone beneath pavemenf, asphaitic parement, arb and 6utter, underground stortn piping, storm structures, striping and signage, landscaping) $9 SF 331,000 $2,979,000 @ Slte developmenY of surface parking - permeable pavemeM (Price includes: Cut/Fill ta 2', Greding, Compaction, Soil stabilization, 24" stone base/resevoir layer, 4" bedding stone layer, 3" permea6le pavement, curb and gutter, underground storm piping, storm siructures, striping and signage, landswping) $12 SF 325,000 $3,738,000 13 Site development of sur(ace parking - pavers iPnce includes: Lut/Fill to Y, Greding, Cnmpaction, Soil sta6ilization, 8" stone sub-base, pavers, and landsapingl $ll SF 156,500 $2,661,OD0 14 Slte lighting (lED lighu) with 20' pole and concrete base $7.500 EA 210 $1,575,000 IS Construct internal site roads $600 LF 3,500 $2,100,000 Sub-tnLjl 423,053,000 10/7/2014 Page 1 ot 3 Yirginia Beach Arena Exhibit C Site Improvements Memorandum (Page 4 of 13) tity of Virginia Beach Arena ,` ???•??? ?' v tyHorn DRAFT Preliminary Opinton of Probable Cost - Base Cost (ExhibR l) 10/06/1034 19th SVeet streemcw Jl Extend existing 8' wide paver sidewalk west along 19th street to N. Birdneck (From a rozimate Jefferson Rve to N. Birdneck) 5? SF 15,200 5198,000 J2 Path Ilghting $SDO EA 20 $70,000 13 Street Ifghting 57,500 EA 11 $63,000 14 Landseapin $50,?0 IS 1 $50,000 ' Suh-LOMI : 3?3,000 Offsite CivilSte DevelopmeM K3 Site devNopmenc of offaite 400 spaee sateilite parking lot $3,600 Per Spxe 400 $1,200,000 SubYOta; S12%x0 six rtwdca a Ll Plaza pavers $13 SF 146,500 $1,930,500 L2 PedesVian paver walkway (westem side of arena) $13 SF 44,200 $574,fi00 L3 Pedestrlan paver walkvray (eastern side of arena) $13 SF 19,00f? 5247,001) Strb-totrti 52,752,J0(' Wiuebnews M3 Wmish and install marquee sign $iS00.? ? Z $3.000,000 M2 Enhance Veterans Memoriai and Park $250p00 15 1 S250.D00 ;ub-cotol $?,157,OOU Cancource Aaecs 7reatmeM NS East Concnurse Access Treatmmt (Cost Provided h C-N) $500,000 LS 1 $SOO,000 N2 West Concourse Access Treatment (Cost Provided b C-N 55001000 LS 1 $500,000 Suo-Mtoi $1 .000,J00 TnHk & RoadwaY Improvements Pl 8irdneck RoadJ1-264 Eastbound Off-rarnp Improvements $760,800 IS 1 $761,000 P2 Birdneck Road/I-264 West6ound On-Ram Improvements $131,100 LS 1 $131,000 P3 Blydnerk Road/19th Street Impmvementr $1,589,900 (S 1 51,59D,OOo P4 19thSVeet/West Parking lntAccess Improvements 5179,200 LS 1 $178,000 PS 8irdneck Road/Y:rginia Beach Boulevard Improvements $200,000 LS 1 $2IX1,1300 pb Virginia Beach 8oulevard(Parktng Lot Access/61rch Lake Drive im rovemena $369,80D l5 1 $370,000 P7 Virvinia 6each Boulevard/Parking Lot Access/Seahridge Road Im rovements $307,700 LS 1 $308,000 P8 VI inia Beach Boulevard/Jefferson Avenue Im rovements $236,30D LS 1 $236,000 P9 PeNcS AvenUO/19th Str2¢t/MOnfOE AvenUE ImprOV2m0M5 $100,300 LS 1 $100,000 PID Parks Arenue between 19th and 22nd Streei Improvements $10,800 LS 1 $11,000 PII Parks Avmue/21st Street Improvements $318,1DD LS 1 $318,000 P12 Parks Avnue/22nd Street Improvements $125,400 LS 1 $125,0DO P13 Wa mding & Directional Sfening $150,000 LS 1 $150,000 .;ub-tofir $4,178,000 Ir ' 'on QS Irrigatiun system 52001000 LS 1 $200,DD0 web-?RUt $ZPJ.l?O Site Furnishings Rl Tresh wns (34 gal. sceel trash receptade) $800 EA 40 $32,000 It2 Benches S1,500 EA 40 $60,000 q3 Bike 2cks (IO blkes / rack) $1,256 EA 8 $lO,OW R4 Security rameras & audio stem $250,000 LS 1 $250,000 RS Control gates $5,000 EA 10 $50,000 N6 Attendentshelters $15,000 EA 3 $45,000 I{7 Electronic mntrol system for parking $300.000 LS 1 M•1300 Re Ocher plaza amenities (Water/Sewer/Electric) $300,000 LS 1 $100,000 .Crb-btal S8070(l0 Erosion and Sedimeat Control Sl Sik Fence $3 Lf 9000 $30,000 S2 Inlet Protection $300 EA 75 $20,000 53 Temporary Safety Fence $5 tF 9000 S50,DD0 54 flockLonstructionEntrance $5,000 EA 3 $20,ODD SS ESC CoMingency $250,000 LS 1 $250,000 5u7-toto! $370,00^ Wetland M ian T3 Wetiand miti tion SSth St Wetland Cell 11 $100,000 AC 0.19 $14,000 T2 Wetland mltigatfon (i8th St Wetiand Cell 2) S100,000 AC 0.14 $14,000 T3 Wetland mitigation (18th St Wetland Swale) $100000 AC 0.08 $8,000 T4 Wet Pond WMland eench $150,000 AC 0.69 $103,500 Sub-totat $iS0,IX0 FnvironmeMel Remcdiation Ul Removal and remediation epsting underground starage bnks (USTs) • To be determined after a site Phase I ESA $250,000 EA 1 5250,000 Subto $25U,00D E Mobifizat3on 1 V3 Mobili:ation (5%of conrtruction - does not include roadway mobilization) $Z 5? ? E,q 1 $z5D.0,0WO, Sub-fntal 52;90.OoP Construdion Tatal $35,993,000 Cantingency (20%) 7199 0 Design (15%) $6,479,000 Inspectfon $3,000,000 ConstructionTotal $52,671,000 70J7/2014 Page 2 of 3 Virginia Beach Arena Exhibit C Site Improvements Memorandum (Page 5 of 13) City of Virginia Beach Arena K1??t`"???/ _'?` e°?rorn DRAFT Preliminary Opinion of Probable Cost - Optional Items (Ex6ibrt 1) 10/06/2014 ttem Description UnR Cost Unlt QuaMity Total Cost SLeetscape irirginia Beach Bhd (From N. Birdneck to Washingwn Ave.} Convert overhead linesto underground - Nong Virginia Beach Blvd to N. Birdneck $1,600 LF 2,700 $4,320,000 8' Wide Paver Sidewalk along Virginia 8each Bivd (From Seabridge Rd toRd.) $13 SF 21,600 $281,000. Path lighting $500 EA 50 $25,000 Street lighting $7,500 EA 27 $203,000 Wndscaping $100,000 LS 1 5100,000 8' Wide Paver Sidewalk along Virginia Beath 81vd (Frorn Birdneckto approx. Seabridge Rd.) $13 Sf 7,200 $94,000 Earthwark/grading $2 SF 135,000 $203,000 Su6 ro[wi $5,1:6,t100 Contingency(2096) Convngen:y $2,045,000 Design (15%) D?.= $941,ODJ CEI (5%) CEt ti261,000 TOTAL $7473,000 Streetsape - N. Birdneck tid (From 19tlh to VB Btvd) 1 Convert overfiead lines to underground - Along N. Birdneck between 19th and Yrginia Beach Blvd $1,600 LF 900 $1,440,000 PathllghUng $500 EA 18 $9,000 Street IighUng $7,500 EA 10 $75,000 Landscapin $50,000 l5 1 $50,000 8' Wide Paver Sidewalk aiong vrginia Beach Blvd (From Birdneck to approx. Seabridge Rd.) $13 SF 7,200 $94,000 Earthwork/grading $2 SF 45,0? $68,000 Sundotal $1736,000 Contngency Contrngencv $347000 Design 15%) Desigr ,y3121,OW CEI(5%) cc,! $87,0IX' TOT4L C2,?.82,000 Treffic and Rwdway ImprovemaMs Birdneck RoadNirginia Beach Boulevard Impravements $4,539,300 !5 1 $4,533,000 SuN-tom! 547,539,GOJ Contingency(2D%) Cvnnngen:y $.qOBPOD Design (15%) Desrgn $817,000 CEI (5%) C:l 5227,000 i OrAI 56 491,Oil0 Sub-Total $16,446,000 10/7/2614 Page 3 of 3 Virginia Beach Arena Exhibit C Site Impravements Memorandum (Page 6 af 13) 4) c L3? > C ? C C) 0 ? ? C CCf C ? t83 s3? > 0 CL E ? ? ? 0 ? ? ? ¦? ? ? ? W ? N3d3 ;` ? ? 4?, .f, f b +Y ? ?" fr f ? ,? ? ? { 1 ! p '.r ? ?:7 s'"1 . ,yJ'?t ..? C? co V ? O C (D 2?5 C ? C co s _! ? ? . Q ? ? cu ? 0 - `- n O N ? ? ? ? ? ? c +- 43 ? U ? F U I C TS RS C ERS ? Q C7 r. ~M U - ` G ? [T1 U0 a3 C3 ? - - >' ? E 4,f- ? VS C ? t6 ?b '? ? CL (y3 C ? ?Cn C? a OD ?` o o??F cu ? ? m F-- w .__ ?? rn -0 > 0 -j 4-. ?t N t3 v, > cu G' C `? ? (D C E G T7 "? •-? C O ? m 0 - u1J . . . . F5 - Q_thEL ? . . . ? ? ? 0 ? , .? `? L* ? + 4 Llk 1?- , •1- ?.. ? ? ? E 74 I Virginia Beach Arena Exlubit C Site Impravements Mernorandum (Page 7 of 13) ? x Lli . E 0 CL ?? _ .. 0 E 0 CL 0 E Virginia Beach Arena Ezhibit C , Site Improvemenks Memorandum (Page 8 of 13) _t ., ? . E3? .,.... ?......?. ? ,,•???• ? ?f 0 Fzi ? ? ? ? ? ?? n CA E? C • ? ?d t . 3 '? . r ?. ? - !w _ E , : r S *li ? ? Y U o .2 CS -? ii I L 3 ? Q ? ? C6m ViI I ? ? m Z t3 E 15 o ? 4- ? ? (D C ? cc ? J p L ? ~ 2) fg tn J c ? U ? C3 3 0) 3 O t6 d M U 0L 0 -j . a ? c J ? O ? ? ? ? ? ? 2 5 s . N J 15 m ? d MW x ? z L .«-?. C/} •« ,C}• C C 0 C Ui O m C} N ? Q ? ?J J d1 Q C ? L ? ? ? ? SG E- -J N m ? ? J ? l ? CC .-. ? d ?, ? >co ???? L m 'W ItT Z? J ? J E ? m U 2 v W .`.??. u C ? C U?C7uJ . . . Virginia Seach Arena Exhibit C Site Improvements Memorandum (Page 9 of 13) At- 4- ? tr? ttt?f* N Q c ?. m wc ? -C Q c F ? .c p ... o m c ? UJ >? m -oarWw ? co C U (D ? _t -`'-+ i b3 .7+ ? U1 N f4 - ? O tL ? Q F- U c 0 ? U ? O ? (4 C LM cn ? y= 4- ? L ? ? w :5 q= 0 0 0 C3 ? ?. w+a' -: s' , ? :E X W so= li Virginia Seach Arena Exhibit C Site Improvements Memorandum (Page 14 of 13) °o 0 Lr) N iJ? S.? 4-i m 3: °o °c? o a o 0 0 0 0 ? o 0 . .. . a 0 O o 0 ? m c.o N 0 f.. . T-i . . ? Lr). i!} -U,)- -th L ? ? V) ?3E ? a,o tt3 ? .? ? ?., ? ? ? C) GL m C: .? ? ? ? a E ? d V) ? ? ? m a--+ U ? 0 U -1-J cu LL.I r? X V -o c C O N L ? ? d ?--? ? C.) .? ? ? ? ? ? F" t!} m ? ? ?.. ? a--+ C13 z m .? .? ? E lw r ? a? E C. 0 a? > aD "0 aD ? .? ? z3 aD CL c? U ,r Cn 0 ? ? ? a? m > co ci (D ? tt5 ? E N CL O N ? ? N _r_ ? ? w -o :3 v .? ? ? t0 C .? ? ? Virginia Beach Arena Exhibit C Site Improvements Memorandum (Page 11 af 13) 0 C`•- ? x W Virginia Besch Arena Exhibit C Site Improvements Memorandnm (Page 12 of 13) Nam ? 0 E 0 ? I?L -A 00 ? X W ? ?- r • ? ?r ??, c? c? ?- 4, .•r -- Er? .. ? rA ?' C? C? ? ? ? fr ?- ? g?. Virginia Beach Arena Exhibit C Site Improvements iVIemorandum (Page 13 af 13) E ¦? n N? ? CF) .?2 .E X W ' ?? ? ? ?ir-, ?--- ? ] ? . , J AL ++ , ?--G Q-----?? f co ? :-n (L : , C2 f ,? _ ? ?? ` I ? ? A r? 1`?.. ? ? E '_ tv :€ I ? L f j 0 > i ? ! °- ? ? z 0 LU ? , cn U.1? w z Cr) --- ? ? ? w ? m v ? ui F- ? ; m 0; LLJ :z - CL co < C) l1.1 ? tL ? ? Q -j ?- W ? ? ElI CO u) On CC ? Cd) W ? Q ? m ? ? W ' Q U Q ?F- Z 2 U9 H (m > oa > e- , ? 2? cccn o O C? ? o ° ° ° o u a 1 o 4 o ? ? 00 0) r-i ko rt 4) ? N tD CTi i.Q i/} th i.t} CV ? ? ? ? o . ? ? .? •? (U cr > V d ? E cu ? ? E a, CL o .!. qi 0) > V ? (/} a C. ? U1 'C t13 a9 4) ? E ? ? ? ? i!9 U ? 0 ? c? c L - L ?+ 0 c m 4 ? 4 N CL o; ?a Ov Z? Virginia Beach Arena Exhibit D Parking .Area .wr•. +tx+vv?rr ? Z z?S C A c ? ? ? a.. ? r pp a F 1? fl' ? ? ? p p y, 9 ? ? ? aT n R ,warn Y ev?r?M+x..imr . ..... . . ? °. ? ? ? . ,, t ,- i ` wcs?? ? S€. ? ? ? ? ? C F ? - .. ? ?w3lWw +ra?nnn wc ? 9 # a iM60tyw;? ? y? ?e r ? ? ? yo e R ? ? na;r•xYa?+ OipMmt ?:p?t ? y § a ? ? y = ` ??F -w a m:?veras ? ? ?+4 0 ' aaw ern ,??q ? y ? I xpr? WKNtNiE11C :.7Mf.??y,,,__ 0 44 ? y! ? u ? Y ff ? LL Ln ? ? I ? ? ? ? 0 3 E ? ? a ? 8 g C ? 6t `s } w C ? C ? r G ? ? i S ? ? S3 C ? Q v +?o ? m ? m C 15 ; ? .5 r ? n J • ? i ? ? ? Virginia Beach Arena Exhibit E Site Plan, Elevations and Standards Design Overview (Page 1 of 9) The Virginia $each Arena will be a multipurpose entertainment and sport complex. The buitding will be iconic in its design, becoming immediately recognizable as a landmark for Virginia Beach. The arena will be flexible in accommodating the widest range of event types, and uses. The venue will be forward-looking, providing the frarnework as the contemporary home venue for a future professional sparts franchise. Project planning will incorporate all the necessary accommodations and expanded offerings to make the Virginia Beach Arena on par with the best of similar arenas currently in operation. Once construcTed, the arena will provide capability and capacity to draw premier Iive music market and national touring acts, performances, and host events such as the NCAA first- round basketball taurnament games, ACC championships, and ather similar destination-type functions. Seating capacities in Phase l will range frpm 15,000 for hockey, 16,500 for basketball, and up to 16,500 for concerts (depending an stage canfiguration). Seating capacities in Phase 2 witl inerease by approximately 2000 per canfiguration to achieve professional sports capacity requirements. Additional design studies may be exptored far different seating capacities to match market dert2ands. A variety of premium seating types will be available, including private suites, club seating, Ioge baxes and private clubs. Public restrooms, concessions and cancourse circulation space will all be pravided to promote spectator comfart. Locker rooms, press faciIities, food preparation areas, storage, staging and other support spaces, as well as the necessary assaciated furniture, fixtures and equipment (FF&E) will be provided to best serve the praposed events. Design, throughout the facility, shail camply with ali building codes and regulatians as well as the guidelines estabiished by the Americans with Disabilities Act (ADA). Virginia Beach Arena Exhibit E Site Ptan, Elevatians and Standards Yreliminary Site Development Diagram {Page 2 of 9} ? ; : .. ? . _ ? Virginia Beach Asena Exhibit E Site Flan, Elevations and Standards Canceptnal Design Diagrams (Page 3 af 9) t .. 6 m m' 6 V ol sag s. ?f''( a M F4 F F R ? -?? JA? r y .( . - • ? j . ..? . . : *? ?v¢ -• °ar* s N ? le. . r ? 44 ,n ? ? j'+ s frl ? ? , ,_..,.. , . , ? ? s . -; Virginia Beach Arena Exhibit E Site Plan, Elevations and Standards Conceptnal Design Diagrams (Page 4 of 9) F ., ? d -? a E ; Virginia Beach Arena Exhibit E Site Plan, Elevatians and Standards Conceptual Design Diagrams (5 of 9) Virginia Feach Arena Exhibit E Site Plan, Elevations and Standards Canceptual Design Diagrams (6 of 9) t ? r. . ? ; ; { k? 3 ? ? F .. ?:• ?? '?? •.. . ` F?? . . ` ... f j4 ffp Y ? ag I i ? i ) /f f 00 A ? p '?f _ A Y . .:.,....r-...-?" 4 ! Virginia Beach Arena Ezhibit E Site Ptan, Elevations and Standards Conceptual Design Diagrams (7 of 9) >. ? r C£ ? ? ? ? ? ? ? f ? ? ? ? : ,.?. ? ? t? Verginia Beach Arena Exhibit E Site Plan, Elevations and Standards Conceptual Elevations ($ of 9) 111[ ' Wb JC fr..• ? ' O:, ' ? 3-?' , G a o ? W W ° ?o , ap, ?+ ? y r , . ...._.: i ^? 4• ? ?#` ? ? ? ? ? ? ? f Y ? ? ;ynr ? " W...... . a 'u ? ? ? x ? JW ? J u } U u+ 2p ? ?? ? W W 6 y !b l"4 RG ?Oh6 [Ii? ? 0 ??0? OM OG Viroinia Beach Arena Exhibit E Site Plan, Elevations and Standards Conceptual Elevations (4 of 9) I us? W?J[?Wa -?O ? ? apo p???p^?a ? - 3 C7 ?- Cy ? N ?} O O ? ? ? 3 4 ! j[ ?'n ? . t *m 4. ?? p :r : ? l ? " . C ? ? ' . •?E 24 V( W ? ? t ? O a, V W u W ab ? a. C ? ?6 uob ?'? ca ?? , 6fL1 ?? 6fp'Y ? O 00 ryl?G?.tf? BFqE yl Y?l CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Declaring a Portion of the Lake Gaston Pipeline Easement Crossing Pine Top Drive in Brunswick County, Virginia, in Excess of the City's Needs and Authorizing the City Manager to Convey Same to the Virginia Department of Transportation MEETING DATE: December 9, 2014 ¦ Background: The City of Virginia Beach (the "City") owns and maintains the Lake Gaston Pipeline (the "Pipeline"), which provides water from Lake Gaston to the City. A portion of the Pipeline is located within a City-owned utility easement which crosses Pine Top Drive in Brunswick County (the "Easement"). The City also owns a pump station site (the "Pump Station") in Brunswick County. Pine Top Drive is privately owned and maintained by the Pine Top Drive Association (the "Association"), of which the City is a member. The members of the Association pay dues to fund the maintenance of Pine Top Drive, with the City's share being approximately $4,000.00 annually. The Virginia Department of Transportation ("VDOT") has offered to accept Pine Top Drive into the secondary system of state highways, and requires that easements within the future public right-of-way be unencumbered. Consequently, the Association and VDOT have requested that the City convey and quitclaim the Easement in Pine Top Drive to the Commonwealth of Virginia. On November 18, 2014, this matter was deferred to the December 9, 2014 meeting. ¦ Considerations: The Department of Public Utilities has requested additional time to consult with representatives of Brunswick County regarding conveyance procedures. Staff now asks that this item be indefinitely deferred, and it will be brought before City Council for consideration at a later time. ¦ Public Information: A public hearing was properly advertised and held on November 18, 2014. Additional public notice will be provided through the normal Council agenda process. ¦ Recommendation: Defer the item indefinitely. Recommended Action: Indefinite deferral. Submitting Department/Agency: Public Utilities City Manager: k .N" 4 Cvi ray .? `' J CITY OF VIRGINIA BEACH , AGENDA ITEM ITEM: A Resolution to Authorize the City Manager to Execute a Sub-Recipient Agreement for the Solar Market Pathways Project MEETING DATE: December 9, 2014 ¦ Background: On April 28, 2009, Mayor Sessoms created the Mayor's Alternative Energy Task Force to analyze energy issues affecting Virginia Beach. The task force delivered a report of its findings and recommendations to City Council, and among its goals was to increase the City's energy independence, with an emphasis on conservation and clean fuel technologies. On January 25, 2011, City Council adopted the report, with the caveat that certain recommendations would be pursued only upon further direction by the Council. The Solar Market Pathways Project (the "Project") aligns with one or more of the goals identified in the report adopted by the Council on January 25, 2011, so staff seeks approval to commit in-kind resources to this Project. The Project was initiated by the United States Department of Energy. It seeks to develop models to facilitate wider solar development within Virginia's policy environment that may serve as a nationwide model and to ?adapt existing solar energy infrastructure for broader implementation. The grant recipient or project leader is Dominion Resources, but the Project will use a collaborative stakeholder process that includes: Bay Electric; Metropolitan Washington Council of Governments; Old Dominion University; Virginia's Community Colleges System; Virginia Department of Mines, Minerals, and Energy; National Renewable Energy Lab; Piedmont Environmental Council; and if approved by the Council, the City of Virginia Beach. ¦ Considerations: If approved, the City's participation will be an in-kind contribution of the time and effort of two City staff, Robert Matthias, Assistant to the City Manager, and Lori Herrick, Energy Management Administrator, and this contribution is currently valued to be $25,000 over three years. The staff is of the opinion that being part of the assembled stakehofder group is in furtherance of the plan adopted by City Council on January 25, 2011, and continues the City's role as a leader in Hampton Roads in alternative energy. ¦ Public Information: Normal Council Agenda process. ¦ Recommendation: Adopt the attached resolution. ¦ Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: Office of the City Manager City Manag : - /L ?a?? 1 A RESOLUTION TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A SUB-RECIPIENT 3 AGREEMENT FOR THE SOLAR MARKET 4 PATHWAYS PROJECT 5 6 WHEREAS, the City Council adopted the report of the Mayor's Alternative 7 Energy Task Force on January 25, 2011, with the caveat that certain recommendations 8 would be pursued only upon further direction of the Council; and 9 10 WHEREAS, the Solar Market Pathways Project (the "Project") seeks to develop a 11 model for solar development in Virginia that is adaptable to serve as a nationwide model 12 of solar energy and to adapt existing solar energy infrastructure for boarder 13 implementation; and 14 15 WHEREAS, the City has been offered the opportunity to participate in the 16 Project, and the City's contribution would be in-kind services valued at $25,000 over 17 three years; and 18 19 WHEREAS, the City Council finds it serves the public interest to participate in the 20 stakeholder group to further the goal of increasing the City's energy independence, with 21 an emphasis on conservation and clean fuel technologies; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Manager, or his designee, is hereby authorized and directed to execute 27 a Sub-Recipient Agreement for the Solar Market Pathways Project that commits the City 28 to an in-kind contribution of no more than $25,000 over three years, and the City 29 Manager, or his designee, is authorized to undertake any necessary actions consistent 30 with this resolution. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: APPRO'PE-p AS TO LEGAL SUFFICIENCY: ? Cit anager City CA13181 R-1 December 2, 2014 1 1 NU;e?1 < ? .% CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Accept and Appropriate State Funds to the Clerk of the Circuit Court for Software Maintenance and Case Management Software MEETING DATE: December 9, 2014 ¦ Background: The Clerk of the Circuit Court receives funding for technology through state imposed court technology fees. For FY 2014-15 the Clerk's Office has been approved for $231,533 in funding from the Technology Trust Fund. The approved funding will support their vendor for annual software maintenance for the AiLIS (Land Records system) and provide for installation of a new case management software program with the Supreme Court of Virginia. ¦ Considerations: This appropriation does not require any additional funding from the City. The appropriation gives the Clerk's Office the ability to spend the funds with State revenue offsetting the appropriation. ¦ Public Information: Public information will be provided through the normal Council Agenda process. ¦ Attachments:Ordinance Submitting Department/Agency: Clerk of the Circuit Court City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE FUNDS TO THE CLERK OF THE CIRCUIT COURT FOR SOFTWARE MAINTENANCE AND CASE MANAGEMENT SOFTWARE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: $231,533 is hereby accepted from the Commonwealth of Virginia and appropriated, with estimated revenue from the state increased accordingly, to the FY 2014-15 Operating Budget for the Clerk of the Circuit Court to support annual software maintenance for the AiLIS (Land Records System) and to provide for installation of a new case management software program in cooperation with the Supreme Court of Virginia. Requires an affirmative vote by a majority of all of the members of City Council. 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: f Budget and anagement Service Ci rney' ffice CA13178 R-1 November 25, 2014 ? s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $67,982 from Reserve for Contingencies for the Oceanfront Outreach Initiative MEETING DATE: December 9, 2014 Background: The Oceanfront Outreach Initiative began in July 2014, as an effort to assertively engage homeless persons at the Oceanfront and, thereby, help them move out of homelessness. This initiative may have the ancillary benefit of reducing unwelcome behavior. The program was funded within current departmental budgets of the Police Department, Human Services, and Housing and Neighborhood Preservation. At the request of Councilmember Uhrin, the Council was briefed on November 25, 2014, on a proposal to continue the program through June 30, 2015. Based on the feedback from this briefing, an ordinance requesting funding to continue the program has been prepared for Council's consideration. Considerations: As recommended in the November 25th briefing, the success of the initiative depends, in part, on continuous engagement with homeless persons as well as trained staff with effective relationships in the stakeholder and service-provider community. Therefore, the continuation of this initiative is recommended rather than having it operate only during the summer or main visitor season. Based on a review of program costs as well as available funds within the three department budgets, the program cannot be fully continued through the current fiscal year without additional funding. The proposed amount of transfer has been reduced from what was discussed at the briefing by utilizing fewer outreach workers as well as by delaying the hiring of a coordinator until after the approval of the FY 15-16 budget. ¦ Public Information: This item will be advertised as part of the regular Council agenda process. A briefing in Council's informal session was done on November 25tn ¦ Recommendation: Approval of the attached ordinance ¦ Attachment: Ordinance Recommended Action: Approval ? ? Submitting Department/Agency:'? ?` rtment of Housing and Neighborhood Preservation A lz, City Manager: ?.. 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER $67,982 FROM RESERVE FOR CONTINGENCIES FOR THE OCEANFRONT OUTREACH INITIATIVE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $67,982 is hereby transferred from the Reserve for Contingencies to the FY 2014-15 Operating Budget of the Department of Housing and Neighborhood Preservation to fund the continuation of the Oceanfront Outreach Initiative from December 1, 2014 through June 30, 2015. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: APP S LEGAL SUFFICIENCY: Budget and Management Ser ices Ci ffice CA13180 R-1 November 26, 2014 r ?A apqi 1'S?' •e ?h.?? ??qm++-.*Y "?1 ?{4??_''??}?? CITY OF VIRGINIA BEACH , AGENDA ITEM J ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized Assets Special Revenue Fund for Police Equipment and Training MEETING DATE: December 9, 2014 ¦ Background: The Police Department requests the use of $112,500 from the fund balance of the Police State/Federal Seized Assets Special Revenue Fund to purchase the following priority equipment and training that have not been funded through the operating budget: • Replacement of 30 tactical SWAT protective helmets ($27,900); • Replacement of 40 Rifle Plates for protective measures during tactical operations ($23,200); • Replacement of surveillance equipment ($6,600); • Training in leadership development ($30,000); • Replacement furniture for an interview room and detective squad area ($9,800); • Replacement of 4 helicopter pilot helmets ($8,000); and • Funding for K9's ($7,000). ¦ Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. According to the Department of Justice, these funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission and cannot be used to supplant local funding. ¦ Public Information: Public information would be made available through the normal Council Agenda process. ¦ Recommendation: Adopt the attached ordinance. ¦ Attachment:Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department C*`w, City Manager: ?-. 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND FOR POLICE EQUIPMENT AND TRAINING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $112,500 is hereby appropriated from the fund balance of the Federal/State Seized 9 Assets Special Revenue Fund, with specific fund reserve revenue increased accordingly, to 10 the FY 2014-15 Police Department Operating Budget for purposes the following purposes: 11 30 SWAT protective helmets (estimated cost $27,900); 40 replacement rifle plates 12 ($23,200); replacement of surveillance equipment ($6,600); training for leadership 13 development ($30,000); replacement of furniture in interview room and detective squad 14 area ($9,800); replacement helicopter pilot helmets ($8,000); and funding for a K9 15 ($7,000). Requires an affirmative vote by a majority of all of the members of City Council. 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: , Budget and Management Services City Attorrle ' ffice CA13177 R-1 November 25, 2014 I. PLANNING 1. EXTRA SPACE STORAGE and GWEN MCNEAL: Modification to Condition No. 3 of a Conditional Usc Permit for Self-Storage (Modified June 11, 2002, February 8, 2005, and July 6, 2010) re signs at 1545 General Booth Boulevard DISTRICT 6 - BEACH RECOMMENDATION: DENIAL 2. RAVE SOCCER COMPLEX, LLC: Modification of Conditions No. 7 and 8 of a Conditional Use Permit (Modified August 5, 2005, September 8, 2009, and September 14, 2010) re post facto approval of additions at 2949 Shipps Corner Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 3. THOMAS C. and LISA D. MCKEE: request closure of a portion of the public right-of-way known as Circle Lane DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. MARK JANIK and SUSAN HEILIG: Change in Non-Conforminp, Use re exterior painting and interior renovation of a garage apartment at 1604 Baltic Avenue. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 5. 7-ELEVEN /HOG POST, LLC: Conditional Use Permit re fuel sales and a convenience store at 1658 Virginia Beach Boulevard DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 6. MIKE O'CONNOR TOWERCO./WILDWOOD PARK, LLC: Conditional Use Permit re a communications tower at 925 South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 7. JERAMY BIGGIE/CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPT., INC: Conditional Use Permit re a Craft Brewery at 2444 Pleasure House Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 8. FUN SPOT AMUSEMENT, LLC, LILLY INCORPORATED OF VIRGINIA, INC: Conditional Use Permit re a commercial parking lot at 304, 306, 308 22"d Street DISTRICT 6 - BEACH RECOMMENDATION: STAFF - DENIAL PLANNING COMMISSION - APPROVAL 9. KWP, IBC, LLC: Conditional Use Permit re a Veterinary Clinic at 404 Investors Place DISTRICT 3- ROSE HALL RECOMMENDATION: APPROVAL 10. DAVID C. and JUDITH L. MARTIN: Chanpe of Zoning from AG-2 Agricultural to Conditioilal B-2 Commwiity Business District re a Child Day Care Center on Upton Drive DISTRICT 5- LYNNHAVEN. RECOMMENDATION: APPROVAL C? "yF t ,J a..?Yy. y.. NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, December 9, 2014, at 6:00 P.M., at which time the following applications will be heard: DISTRICT 2 - KEMPSVILLE Mike 0'Connor Tower Company Co./Wildwood Park, LLC Application: Conditional Use Permit (communications tower) at 925 S. Military Highway (GPIN 1456048084).. DISTRICT 6 - BEACH Thomas C. McKee & Lisa D. McKee Application: Street Closure. Request is to close the public right-of-way known as Circle Lane adjacent to 1121 Cedar Point Lane (adjacent GPINs 2418672141; 2418661913; 2418671105). Eutra Space Storage/Extra Space Storage & Gwen McNeal Application: Modification of Conditions of a Conditional Use Permit for a self-storage facility approved on 10/9/01 and modified on 6/11/02, 2/8/05, and 7/6/10. The request is to allow for additional number of signs at 1545 Generat Booth Boulevard (GPIN 2415467143). Fun Spot Amusement, LLC/Lilly Incorporated of Virginia, Inc. Application: Conditional Use Permit (commercial parking lot) at 304, 306, 308 220° Street (GPINs 2427059604; 2427089655; 2427180616). Rave Soccer Complex, LLC Application: Modification of Conditions of a Conditional Use Permit approved on 3/24/2004 and modified on 8/9/05 and 9/14/10 at 2949 Shipps Corner Road (GPIN 1495373329). Mark Janik/Susan Heilig Application: Chanee in Non-Conformitv at 1604 Baltic Avenue (GPIN 2427064582). 7-Eleven/Hog Post, LLC Application: Conditional Use Permit (fuel sales with convenience store) at 1658 Virginia Beach Boulevard (GPIN 2407855905). DISTRICT 4 - BAYSIDE Jeramy Biggie/Chesapeake Beach Volunteer Fire And Rescue Dept. Inc. Application: Conditional Use Permit (craft brewery) at 2444 Pleasure House Road (GPIN 1570501776). DISTRICT 3 - ROSE HALL KWP, IBC, LLC Application: Conditional Use Permit (Veterinary Establishment) at 404 Investors Place (GPIN 14775071830404). DISTRICT 5 - LYNNHAVEN David C. and Judith L. Martin Application: Chanpe of Zonin2 from AG-2 Agricultural to Conditional B-2 Community Business District to develop the site as a child care education center at Upton Drive, Old Dam Neck and Dam Neck Roads (GPIN 2415741747). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http 1'vnnv vbgov comi pc For information call 385-4621. If you are physically disabied or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon November 23 & 30, 2014 24427168 ? C O w .? ? C O U w O c O w t0 U ? Q W m ? .? ? ? c ,o ? 0 E ? a d ? ?o a ? C d O4 ?i ? Q ? ? O w ? r 0 u ? 4 r 1 4?'?•....,...??;% --.;.,.?. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EXTRA SPACE STORAGE (Applicant) / EXTRA SPACE STORAGE & GWEN MCNEAL (Owners), Modification of Conditions of a Conditional Use Permit for a Self-Storage Facility approved on 10/9/01 and modified on 6/11/02, 2/8/05, and 7/6/10. 1545 General Booth Boulevard (GPIN 2415467143). COUNCIL DISTRICT - BEACH. MEETING DATE: December 9, 2014 ¦ Background: The applicant is requesting a Modification of Conditions for the purpose of changing the previously approved locations of signage and the type of signage that are permitted by the current Use Permit. On October 9, 2001, a Use Permit for a mini-warehouse facility was approved. On February 8, 2005, the Use Permit was modified to accommodate additional storage units at the front of the site. On July 6, 2010, the Use Permit was again modified to relocate the leasing office. Condition 3 of that Use Permit requires that the buildings conform to the submitted elevation drawings, which depicted the location of the building signs and the type of signs. The applicant is requesting deletion of this condition, as the applicant desires signs different than those shown on the building elevations. ¦ Considerations: The applicant recently acquired the storage facility and wishes to install new building signs, as well as reface the existing monument sign. The elevation drawing that was approved by City Council on July 6, 2010 shows two building signs, one on the east fagade of the building facing General Booth Boulevard and one on the north facade over the entrance door. If the applicant were to replace these signs with signs that are similar in size and style and in the same location, no action would be required by City Council; however, the applicant wishes to install the building signs in a different location. Additionally, the applicant is proposing that one of the signs consist of the phone number of the business. The proposed building signs are not consistent with the Comprehensive Plan's Special Area Development Guidelines for Suburban Areas. The Guidelines state that signage that competes for attention creates visual clutter and signs should primarily serve to identify the name and nature of the business establishment. The proposal to display the phone number of the applicant as a large building sign, in Staff's opinion, does not conform to the Guidelines. This is particularly important given the high degree of visibility of the buildings from General Booth Boulevard. One sign on the fagade facing General Booth Boulevard and one over EXTRA SPACE STORAGE Page 2 of 2 the leasing office area provide adequate business identification that is consistent with the recommendations of the Comprehensive Plan. Further details pertaining to the proposal, 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, by a recorded vote of 11-0, recommends denial of this request to the City Council. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting Department/Agency: Planning Department ? City Manager: S ?, , 7?q c BEACH Map lro o? Extra Spacc Storage l17i, ? AAG2 . +??Ff:ai .. ?, 62 P1 - B7 R5D ? w 04 Q 82 ? B2 , 02 •PoHI es• acI 01 ?.a?. ar OAM NECK RD ?P1,04?' ' Ti1?.B2'?•?. B2 2 Zoniig MT [?Nrtllr?, Opwl S- P? 19 November 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: EXT RA S PAC E STORAGE STAFF PLANNER: Kevin Kemp REQUEST: Modification of the Conditions of Use Permits for a self-storage, approved by the City Council on October 9, 2001, June 20, 2002, February 8, 2005 and July 6, 2010 ADDRESS / DESCRIPTION: 1545 General Booth Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24154671430000 BEACH 5.064 acres >75 d6 DNL Modfficatbn o/ Condidons BACKGROUND / DETAILS OF PROPOSAL Backaround: On October 9, 2001, a Use Permit was approved on the property for a mini-warehouse facility. The subject site included three parcels that were to be consolidated to one parcel. On June 11, 2002, the Use Permit was modified so that the site could be consolidated into two parcels, rather than one as previously approved. A subdivision variance was also required and approved on this date. On February 8, 2005 the Use Permit was modified to accommodate additional storage use at the front of the site. On July 6, 2010 the Use Permit was again modified to relocate the office. Elevation drawings showing the building signage were conditioned with this approval, and this is the condition that the applicant wishes to modify/remove. Details: The applicant recently acquired the storage facility and wishes to install new building signs, as well as reface the existing monument sign. The elevation drawing that was approved by City Council on July 6, 2010 shows two building signs, one on the east faCade of the building facing General Booth Boulevard and one on the north faCade over the entrance door. If the applicant were to replace these signs with EXTRA SPACE STORAGE Agenda Item 19 Page 1 signs that are similar in size, style and in the same location, no action would be required by City Council; however, the applicant wishes to install the building signs in a different location. Therefore, the applicant requests to remove the condition that requires that the buildings be in substantial adherence with the approved elevation drawings (Condition #3 of the modification request approved July 6, 2010). The building sign locations proposed with this application are detailed below: ! #2 ? t XISTING )NUMENT SIGN ? 3N #1 SIGN #1 SIGN #2 Location: East faCade of the southern storage building/ office, facing General Booth Blvd. Descriqtion: This proposed sign replaces a sign similar in size and style to the building sign approved in 2010. The proposed sign is 60 square feet; 6 square feet larger than the sign it is replacing. Location: East faCade of the northern storage building, facing General Booth Boulevard. Description: A building sign in this location is not part of the request approved by City Council in 2010. There is currently no sign on this building. The proposed sign is 40.5 square feet. EXTRA SPACE STORAGE Agenda Item 19 Page 2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Mini-warehouse / self-storage facility SURROUNDING LAND North: . Automobile repair / B-2 Community Business District USE AND ZONING: South: . Automobile repair / B-2 Community Business District East: . General Booth Boulevard . Restaurants / B-2 Community Business District West: . Undeveloped land / R-5D Residential District NATURAL RESOURCE AND The site is almost entirely developed with one-story buildings and CULTURAL FEATURES: impervious surface. The site is located in the Southern Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being in 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 these goals of preserving neighborhood quality requires that all new development, 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 with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3- 1 through 3-3) IMPACT ON CITY SERVICES This request for additional signage will have no direct impacts on City services. EVALUATION AND RECOMMENDATION This request to modify the previously approved locations of the building signs is recommended for denial. The proposed building signage is not consistent with the Comprehensive Plan's Special Area Development Guidelines for Suburban Areas. These Guidelines state that signage that competes for attention creates visual clutter and that signs should primarily serve to identify the name and nature of the business establishment. The proposal to display the phone number of the applicant as a large building sign, in Staff's opinion, does not conform to these guidelines. This is particularly important given the high degree of visibility of the buildings from General Booth Boulevard. Staff's position is that the elevations depicting two signs, one on the fagade facing General Booth Boulevard and on over the entryway, provide adequate business identification in a tasteful manner. All the buildings on the site, including the one-story structure where the new sign is proposed, are constructed using the same materials and the EXTRA SPACE STORAGE Agenda Item 19 Page 3 same color scheme, therefore negating the need for a large building sign on both facades fronting General Booth Boulevard. For the reasons stated above, Staff recommends denial of this request. EXTRA SPACE STORi4GE Agenda Item 19 Page 4 Conditions of Julv 6 2010 Use Permit Modification repuest: 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 9, 2001 and modified on February 8, 2005 shall remain in effect. 2. The proposed additions to the site shall substantially conform to the submitted plan entitled "Change of Conditions Exhibit "A", dated 3/26/10, and prepared by Martin Engineering Civil Solutions, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. The building additions shall substantially conform to the submitted elevation plans entitled "General Booth Mini Price Storage, Exhibits "B" and "C", dated 3/30/10, which have been exhibited to the Virginia Beach City Council and is on file with the Planning Department. [REQUESTED FOR MODIFICATION] 4. The applicant shall install a decorative wrought iron style gate between the two storage buildings facing General Booth Boulevard. Extra landscaping shall be installed along General Booth Boulevard to include evergreen shrubs, a minimum of 36 inches in height, and small canopy trees, such as Crape Myrtle, a minimum of 6 feet to 8 feet in height. Foundation landscaping is also required in front of the new additions facing General Booth Boulevard. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or "flag" style signs on the site. 6. An ingress/egress easement shall be obtained from the parcel directly north and recorded in the Clerk of the Circuit Court office. Conditions of Februarv 8 2005 Use Permit Modification request: 1. This Conditional Use Permit negates all conditions associated with the previous Modification of Conditions approved by City Council on June 6, 2002. 2. All conditions associated with the Conditional Use Permit granted on October 9, 2001 remain in effect. 3. The proposed min-storage addition shall be developed in substantial conformance with the plan entitled "Mini-Price Self Storage, General Booth Boulevard, Phase 2" dated November 1, 2004 and prepared by Site Improvement Associates, In. This plan has been exhibited to City Council and is on file with the Department of Planning. 4. The proposed mini-storage addition shall be developed in substantial conformance with the building elevation entitled "Mini-Price Self Storage at General Booth Boulevard, Phase 2" prepared by Covington Hendrix Architects. This elevation has been exhibited to City Council and is on file with the Department of Planning. CONDITIONS OF PREVIOUSLY APPROVED USE PERMIT EXTRA SPACE STORAGE Agenda Item 19 Page 5 5. If a right-of-way reservation is required along the frontage of this site during detailed site plan review, the plan must be revised to meet the required front yard setback for the fence and building of 35 feet from the reservation line. Conditions of October 9, 2001 Use Permit: The site shall be substantially developed as shown on the plan entitled, "Layout and Landscape Plan of Mini Price Self Storage- General Booth Boulevard," dated 7-6-01, prepared by Site Improvement Associates, which has been exhibited to City Council and is on file with the Planning Department. No direct access to General Booth Boulevard will be allowed. Access must be gained through the existing private ingress/egress easement located on the adjacent property to the north (presently a Golden Corral Restaurant). The entrance drive aisle as shown on the submitted site plan must be designed to show the access from the adjacent parcel to the north and it must meet the required radius for truck traffic that will be associated with this use. 2. The buildings shall be constructed as shown on the submitted elevation entitled "Mini Price Self Storage- General Booth Boulevard, by Martin and Martin Architecture, Inc., which has been exhibited to City Council and is on file with the Planning Department. 3. Landscaping shall be installed as depicted on the site plan entitled, "Mini Price Self Storage Facility at General Booth Boulevard" dated 7-6-01, prepared by Site Improvement Associates, which has been exhibited to City Council and is on file with the Planning Department. However, the following revisions shall be made to the plan prior to site plan submittal: A. The site plan must be modified to show a fifteen foot (15) buffer along the rear property line and retention of existing trees within the buffer in accordance with the condition of the February 24, 1986 rezoning to B-1 on this property. B. The applicant must make efforts to preserve existing trees within the fifteen foot (15') buffer along the south side of Building Four, adjacent to Dam Neck Square Apartments. These existing trees can be supplemented with new plant material as necessary to form a solid screen. 4. Encroachment agreement must be obtained for the improvements shown within the 55-foot wide drainage easement. Access points for the easement area need to be identified on the detailed site plan. 5. The existing property lines within the site must be vacated and the property consolidated into one (1) parcel. 6. Any outdoor lighting fixtures shall not be erected any higher than 14 feet (14'). Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. 7. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. 8. The storage units shall be used for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. CONDITIONS OF PREVIOUSLY APPROVED USE PERMIT EXTRA SPACE STORAGE Agenda Item 19 Page 6 9. The freestanding sign must be a monument style sign, no greater than eight feet in height with a base to match the buildings. There shall be no business identification signage on the walls or roof of the buildings in the facility or on the fence installed around the facility. 10. The fencing and gate enclosing the site must be as provided for on the site plan. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the buildings or on any other fence enclosing the property. CONDITIONS OF PREVIOUSLY APPROVED USE PERMIT EXTRA SPACE STflRAGE Agenda Itern 19 Page 7 s ???' ? '.=? ? ?• . Y? t •.. Q ??."` ?• . ; t ... ? , ?..A.:': AERIAL OF SITE LOCATION I I EXTRA SPACE STORAGE Agenda Item 19 Page 8 ? z w J U ' Q O O . ? ?U p C7 Q Z m ?g z' ?1 ?v ?I ? ? ? ? ? ? ? ? BUILDING AND SIGN DESIGN AS APPROVED BY CITY COUNCIL ON JULY 6, 2010 EXTRA SP I I : STORAGE ;nda Item 19 r Page 9 . ? F ' 1 L. • F 3? Iw u ? I 9I? ?y 7 Q 0 '?a''J y,1 U C ! rrr7i ?- • ' v LLE) y ? ? >- , , , ? I ? a . .? o ' ? ?1 ? ??4?.? ? ----- -- ii?j .s ? -., -- , , ? o y N - ? I ;f ? ? ?l-' ; ul ? Ro M ? ? ? >?-?• ? y? - - ? f _ ' ? i.-' ----- - y s T, - - ? - -? ? ? ? i ? I ? ? I ELEVATION DRAWING SHOWING BUILDING AND SIGN DESIGN AS APPROVED BY CITY COUNCIL ON JULY 6, 2010 EXTRA SPACE STORAGE Agenda Item 19 ? Page 10 '.' , 1 aavr,?noo Niooe m3w?: c>:. ? ? r ? pi`p?j D i ? rt r t f t {? !',_ Xd f ' _ c .,1 A l?? ? . . w t f„ • ? t?+' , . ? ? • ?S:?b oO t ? f D? ' . Id ? !Y ' . }4.?_ ! ?e •??? . ' t•:?%^`y J. . 4_?; F • • I¢?_ ? I,, .* SITE LAYOUT EXTRA SPACE STORAGE i ' Agenda Item 19 i { Page 11 i . ? ? ? . ? J #2 ? J t ? XISTING )NUMENT SIGN ? 3N #1 PROPOSED SIGN LOCATIONS EXTRA SPACE STORAGE Agenda Item 19 Page 12 DETAIL DRAWING OF SIGN #1 EXTRA SPACE STORAGE Agenda Item 19 j Page 13 "''x?a , pu'^^. p?h „P ? I`ol._.?INm ' E ol li?? ? V I jIIl3?f u?`'?P^ y6??'n? •l, C?> n?L m. I Q7 y i [ ? ?4 gS i ^' I ?'S z ?z ^z m? ?'? d n Iztl ?fl ?¢? ?8.e ?o • y ?.- ??abl ? n ? - i, -'.._,._ . a ? m- ? 0 G? 0000 0 OBB DETAIL DRAWING OF SIGN #2 EXTRA SP STORAGE ida Item 19 ? Page 14 I ZONING HISTORY # DATE REQUEST ACTION 1 02/11/2014 Modification of Conditions Fuel sales with convenience store A roved 01/09/1996 Use Permit Automobile service station & car wash A roved 2 07/06/2010 Modification of Conditions Mini-warehouse/Self stora e A roved 02/08/2005 Modification of Conditions Mini-warehouse/Self stora e A roved 06/11/2002 Modification of Conditions & Subdivision Variance A roved 10/09/2001 Use Permit Mini-warehouse/Self stora e A roved 02/24/1986 Chan e of Zonin AG-1 to B-2 A roved 3 09/25/2001 Use Permit Fuel sales with convenience store A roved 4 05/11/1994 Chan e of Zonin A-12 & B-2 to Conditional B-2 A roved 5 05/11/1993 Use Permit Reli ious Use A roved 6 02/02/1991 Use Permit Automobile re air A roved 7 03/26/1990 Use Permit Automobile re air A roved 8 08/14/1989 Use Permit Automobile re air A roved 9 03/09/1987 Use Permit (Automobile service station A proved EXTRA SPACE STORAGE Agenda Item 19 Page 15 ? l?1 V ? ? ? ? ? ? F?t O V w ? ? ? 1?1 ? ? w !! ? ? ? DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporetion, 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: (Aftach list if necessary) 2. List a11 businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necassary) ? Check here if the applicant is NOT a corporation, parlnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is di/ferent 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 foilowed by the names of ail officers, members, trustees, partners, etc. below: (A(tach list if necessary) See Attached 2. List all businesses that have a pare nt-subsidiary ' or affiliated business entiiyz relationship with the applicant (Attach lisi i/ necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. T&2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No Il, If yes, what is the name of ihe official or employee and the nature of their inierest? Motlificaliai of Condit;ons Appllcation Page 8 019 Revised 11/1/2013 DISCLOSURE STATEMENT EXTRA SPACE STORAGE Agenda Item 19 Page 16 DISCLOSURE 37'ATEMENT aooirIoNaL DiscLosuRes Ust ail known contraClors or bUSineWs ttiat haVe dr witl provide servkes wRh respect to the requested prctperty uee, lndixling but not Ilmtted to the providers of srchiEectural services, real estete senM,es, financial services, acxounNng seMces, and legal 8ervices; (Attach Itst if neCegsery) '"Parent-subsidiary reladonship" means 'a relaHonship that e)dats wfien one cmporaUon directly a tndhecQy oWms shares posswsirW mote than SO peroent d the voNtG pow of another oorporation " See 8tate and Locat t3ovemment CoMict of Interests Act, Va. Code § 2.2-3101. :•AflillaEed bus4was er?My rei.atlonsAip' meens •a rnlaNonehip, othar than parent- sunstdlery refationsntp, Met extsta vVhen I9 one tiuainesa enNty hes aconkoRv ownershlp iMerest in the athaz buein"s ei!tltY. M a coMrolllrig ownet In one eMily Is also a ooMrdft owner In tlie oftr eMity, or (iY) {here k shared memgemert or conbnl belween the business entittes. Fectora that atwuld be cwnslrbrod in deterrrttning the existerxce of an aWieled buskiess endty reletlorship indude Ituti die eame peraon or ?ry tl?e sema peraon a, wem w manage the Mro eMNies; there are conmon or ommmttqled twds or aaeels; the business endG9s ehare the toe of the setna ofiaes or employees or oUmwise share actMties, resouaces a paroonnef on a reputar besis; or tlhere Is oUienMse a close worfdng retaUonahip beEween the entidea." See State and tocad Oovemment Confict of Interesq Aci, Va. Cbde § 2.2•31U1. CERTIFICA7'iON: I cerUfy tlretthe kgomtion coMained hxein ts lnee and eocurate. twdwatuM ihW. uPon recatpt ot notMloagon (poetcard) that the appAcatbn hes been sdiaduled for public hearing, i am reaponaible fo? oWeMiny and pqsting the required sign on Nie subject ppperly gt baat 30 daye prior a the ecnedulad puhNc hearmg aocortllny to the inauudbns in M padcege. The vnderstgned aiso conasnts M enhy upon the sqect Pm" bY amWoYam of tlie DepeRmenl of Piarrang to photaWaph antl view the sfte for pLxposes of processinp end eveNaUng INa appMoaHon. ?'Us SI Hppl gne re T r p rty er's %n ure (1F dltfereM tlian appicenq rin A Motlfbeapon o(Cordqom Appncation Pey6 9 .19 Rametl 1 f/tl2013 ? ? 1?1 ? ? ? ? ? ? ? ? V ? O ? ? ? ? DISCLOSURE STATEMENT EXTRA SPACE STURAGE Agenda Item 19 Page 17 Item #19 Extra Space Storage Modification of Conditions 1545 General Booth Boulevard District 6 Beach November 12, 2014 REGULAR An application of Extra Space Storage for a Modification of the Conditions of Use Permits for a self- storage approved by the City Council on October 9, 2001, June 20, 2002, February 8, 2005 and July 6, 2010 on property located at 1545 General Booth Boulevard, District 6, Beach. GPIN: 24154671430000. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to deny the application. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission denied item 19. Christa Pickrell appeared before the Commission on behalf of the applicant. ? M M ? \ c ? ? r J J a s W N 0 19 y c O : a 0 U 04- O _ O ? t0 t? ? .?, ? O C ? d ? y ? „6?i 9 G (? N N = O? a ? o ? r 3 ca d N? t? U 6F,? rS ?ct ?? fita i? s? 441.?,?;' r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RAVE SOCCER COMPLEX, LLC (Applicant/Owner), Modification of Conditions of a Conditional Use Permit approved on 3/24/2004 and modified on 8/9/05 and 9/14/10. Property is located at 2949 Shipps Corner Road (GPIN 1495373329). COUNCIL DISTRICT - BEACH. MEETING DATE: December 9, 2014 ¦ Background: The applicant requests a Modification to a Conditional Use Permit (Recreational Facility of an Outdoor Nature) issued on March 23, 2004, and then modified August 5, 2005, September 8, 2009, and September 14, 2010. The most recent Modification of the Use Permit has eight conditions, which are listed on the second page of the attached staff report. The applicant proposes to modify Conditions 7 and 8, which require substantial adherence to the site plan and building elevations submitted with that application in 2010. The applicant is requesting the modifications for the purpose of allowing the completion of a 15' x 100' building addition to the existing indoor soccer facility, post facto approval of a 17' x 45' outdoor deck, post facto approval of a second floor addition to an existing two-story building, and post facto approval for three storage sheds located on the site. ¦ Considerations: The applicant has worked with the Planning Department's Development Services Center and the Permits and Inspections Division to resolve issues related to the work that has been done without permits, as described above. The applicant was informed that a site plan depicting existing conditions on the site, as well as the measures to be taken to correct these violations, would be required prior to the consideration of any modifications to the Use Permit. The applicant subsequently submitted the required site plan, and it is the site plan evaluated by Staff for this Modification of Conditions request. If approved, this modification would allow the applicant to apply for the necessary building permits, thereby ensuring that the work has been done safely and in accordance with all relevant building codes. Further details pertaining to this request and Staff's evaluation of the request are provided in the attached staff report. There was opposition to the request. RAVE SOCCER COMPLEX Page 2 of 3 ¦ Recommendations: The Planning Commission, by a vote of 11-0, recommends approval of this request to the City Council with the following conditions: 1. The facility shall be used for indoor and outdoor recreation only. No assembly uses shall be permitted on the site. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the South and East property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the South property line on the Eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 4. The soccer facility shall be developed in substantial conformance with the submitted plan package entitled "Shipps Corner Soccer Complex at 2949 Shipps Corner Road, Virginia Beach, Virginia" prepared by WPL and dated March 31, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The existing stormwater management facility may remain in its current location if approved by The Department of Public Works and the Department of Planning/Environment and Sustainability Office (Southern Watershed Management Ordinance compliance). 5. The indoor facility building addition shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX INDOOR FACILITY", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. The applicant shall obtain all necessary permits from the Permits & Inspections Office. RAVE SOCCER COMPLEX Page 3 of 3 ¦ 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: l4 .?Q 4'(? '1J ose Nau RAVE Soccer Complex, LLC -ti--- ?'?{`? ? APM ' l?d"p'?E ? ? ??, ? ? ? A12 >> 12-? • AG2 A1$- , ?. AG2 .? ? Bz naz, , ? >75 d ?Itln ' G2 ? 11 AG1 RSD '? ?. • ? APZ?,' AP22 ' N 12,IY Modl/icaUon o/ Condldons 13 November 12, 2014 Public Hearing APPLICANT: RAVE SOCCER COMPLEX, LLC PROPERTY OWNER: RAVE SOCCER COMPLEX, LLC STAFF PLANNER: Graham Owen REQUEST: Modification of a Conditional Use Permit Outdoor Recreation Facility ADDRESS / DESCRIPTION: 2949 Shipps Corner Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14953733290000 ROSE HALL 21.73 acres Western end of this parcel is 70 to 75 dB DNL but the majority of the property is Greater than 75 d6 DNL. Most of the property is within APZ 1 and 2. BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant requests a modification to a conditional use permit for a recreation facility of an outdoor nature issued March 23, 2004 and modified August 5, 2005, September 8, 2009, and September 14, 2010. The most recent modification has 8 conditions, which are listed below. The applicant proposes to modify Conditions 7 and 8 to allow for the completion of a 15' x 100' building addition to an existing indoor soccer facility, post facto approval of a 17' x 45' outdoor deck, post facto approval of a second floor addition to an existing 2-story building, and post facto approval for 3 existing storage sheds. Conditions 7 and 8 require substantial adherence to the site plan and building elevations submitted with the most recently approved modification respectively. This application for a modification was originally submitted in August 2013, and due to a number of violations on the property the applicant was informed that a site RAVE SOCCER COMPLEX LLC. Agenda Item 13 Page 1 plan depicting existing conditions on the site, as well as measures to be taken to correct these violations, would be required prior to the submission of any subsequent modifications. The site plan has been submitted with this request for a modification. September 10 2010 Conditions: (Bolded conditions are complete and no lonqer applicable) 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the South and East property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the South property line on the Eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms in the First Aid Building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by Kelly Jean Olt, dated March 10, 2005. 7. The indoor Soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road, Virginia Beach, Virginia" prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29,2005. 8. The indoor facility shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX LLC". Details Buildinq Addition - The applicant is proposing to construct a 100' x' 15' addition to the existing indoor soccer complex on the site to house restrooms, a goal storage room, and a concession area. Work on this building addition began over a year ago without the required modification to the conditional use` RAVE SOCCER GOMPLEX aC. Agenda Item 13 Page 2 permit or building permit, and the applicant was informed that a full site plan depicting the existing conditions on the site would be required prior to the modification application being processed. This site plan was approved April 14, 2014. Second Floor Addition - The site plan depicts an existing 2-story building on the site that was approved as a 1-story building. Given this discrepancy, the applicant has requested that this second story be included with this modification request in order to apply for a building permit. Sheds - The site plan depicts two 14' x 14.1' sheds along the southern property line that were never approved through the original conditional use permit or subsequent modification. These sheds are currently located within a 35' drainage easement that runs along the southern property line, and the site plan states that they will be relocated to a location immediately outside of this easement. Also, the plan shows an existing metal storage container in the southwest corner of the parcel that was not included in the use permit or any subsequent modification. The site plan depicts that this container will be reduced in size from unknown dimensions to 30.6' x 205, and relocated out of a 120' VEPCO right of way along the western property line. The applicant has requested that this container, and its relocation, be included with this modification request. Wood Deck - The site plan shows a 17' x 45' wood deck abutting the eastern wall of the indoor soccer facility. This deck was not included in the use permit or any subsequent modification, and the applicant has requested that the deck be included with this modification. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Outdoor Recreation Facility / AG-1 Agricultural District SURROUNDING LAND North: • Single Family Homes / A-12 Apartment District USE AND ZONING: • Shipps Corner Road South: . Woods / I-1 Industrial and AG-1 Agricultural Districts East: . Woods and West Neck Creek / AG-2 Agricultural District West: . Moose Lodge / AG-1 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The eastern end of the property is wooded and contains wetlands within the Southern Watersheds Management Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being within the Suburban Area and, more specifically, within Special Economic Growth Area 3(SEGA 3), South Oceana. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with the military uses (p. 3-5). The City supports development of and redevelopment of SEGAs consistent with AICUZ provisions and the City's economic growth strategy. RAVE SOCCER CC3MPLEX LLC. Agenda Itern 13 Page .3 SEGA 3 is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. In the western part of this area, between Drakesmile Road and Holland Road, there are considerable environmental constraints. To varying degrees, portions of this area are impacted by high noise zones, accident potential zones and Navy restrictive easements. Floodplain and other environmental constraints affect the western region of this area south of Dam Neck Road. Comprehensive Plan policies for SEGA 3, relevant to the subject property and this conditional rezoning and use permit request, are: • The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. • All proposed land uses in this area must align with the City's AICUZ provisions and the Ocean Land Use Conformity Program. The subject property is partially located within APZ-1. It also lies within the Southern Watershed Management Area Overlay District and, as such, would be subject to all site development regulations associated with such as the time of site plan review. PERMITS AND INSPECTIONS: • Page C-2.0 - The plan indicates the front building is "Ex. 2-story brick and frame with stucco siding". The CUP and subsequent building permits approved a one story bathroom/first aid building. It is my understanding that the second floor is now a meeting room and should be address as part of this CUP request. If approved, revised building plans and permits will be required for the second floor construction. • Page C-3.0 - The plan indicates the removal of the building addition foundation. However, the owner has indicated his intentions to complete the 15' x 100' bathroom addition, which was started without any approvals or permits. • The parking lot needs to be completed in accordance with the originally approved site plan. • As the wood deck was never permitted, if approved as part of the CUP, a permit will now be required. • If approved, building permits will be required for the construction/relocation of the 3 sheds shown on the site plan. • As is currently in place, no occupancy and use of the indoor soccer field will be allowed until all work and inspections associated with the CUP and associated permits are completed and approved. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN / CAPITAL IMPROVEMENT PROGRAM: This application should have no traffic impact and Traffic Engineering has no comments. However, the site is adjacent to CIP Project #2.313.000 Shipps Corner Road Improvements which may require right- of-way from the site. WATER: This site is already connected to City water. The existing 1 inch meter (City ID #95098068) may be used or upgraded to accommodate the proposed development. The site is already connected to City sewer via Raven Avenue. Sewer and pump station analysis for pump station #550 is required to RAVE SOCCER COMPLEX LLC. Agenda Item 13 Page 4 determine if future flows can be accommodated. Water and sanitary sewer service must be verified and improved if necessary so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. EVALUATION AND RECOMMENDATION This request for a modification of a conditional use permit to allow the construction of a building addition, post facto approval of a wood deck, post facto approval of three sheds, and post facto approval of a second floor on an existing building is acceptable. The applicant has worked with the Development Senrices Center and Permits & Inspections on a number of issues related to the indoor soccer facility and drainage for the outdoor soccer fields, and this modification would authorize a number of improvements that have been made without permits over the years. If approved, this modification would authorize the applicant to apply for the necessary building permits, thereby ensuring that the work has been done safely and in accordance with all relevant building codes. Given these considerations, staff recommends approval of this request with the conditions below. CONDITIONS 1. The facility shall be used for indoor and outdoor recreation only. No assembly uses shall be permitted on the site. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the South and East property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the South property line on the Eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 4. The soccer facility shall be developed in substantial conformance with the submitted plan package entitled "Shipps Corner Soccer Complex at 2949 Shipps Corner Road, Virginia Beach, Virginia" prepared by WPL and dated March 31, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The existing stormwater management facility may remain in its current location if approved by The Department RAVE SOCCER (:OMPLEX LLC. 'Agenda Item 13 Page 5 of Public Works and the Department of Planning/Environment and Sustainability Office (Southern Watershed Management Ordinance compliance). 5. The indoor facility building addition shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX INDOOR FACILITY", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. The applicant shall obtain all necessary permits from the Permits & Inspections Office. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this applicafion may require revision during detailed site p/an review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Deparfinent 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 Offi-ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Agenda Itefkl 13 Page ?6 RAVE SOCCER GOMPLEX LIC. AERIAL OF SITE LOCATION ER COMPLEX LLC. RAVE SOCC Agenda Item 13 Page 7 ??? _, J?11 NVId 3JVNY!!(1 4 OhUOYkfJ;S43 OvOU u?U00 8ddM8 eML " xaiavoo a33oos x3moo sas?s i0 MOBIA31f Mv1d Jba'?doaA3a 3ui 'z z ? 4 v , ? : @ 2 ? LLI ^I (/? z ? ? € ?` a ? a W < ? --- s ` _ r J I a •J - . cr z ? ? m (A i ? d8-0 ' T Z 0 2 ? ? ? J?? "•? `?, s ? G5 ? s ? ° ?? ?c} ?? a '? w? i.? O ao ? xt U - ? y . ,,,? ? ou? k--x x x ( ? g ? 4 a ???: ? ¢s ? It -a -?,- PROPOSED SITE PLAN ? ?I? RAVE SOCCER COMPLEX LLC. ? I Agenda Item 13 r Page 8 nolluaav ivooa lssa ir, .... ..........e. .... 9 V - ? ? ?-p b ? ? ? ? b Y ? ? ? ? e ? I„ II PROPOSED BUILDING ADDITION ELEVATION ? i? ? ? ? RAVE SOCCER COMPLEX LLC. Agenda Item 13 Page 9 ? , - ?M ? , EXISTING BUILDING ADDITION (PARTIALLY CONSTRUCTED) y;. x- •::17-?,?%„<- . RAVE SOCCER )MPLEX LLC. genda Item 13 Paae 10 ? II .. ;a .-. ., EXISTING WOOD DECK (17' x 45') :I I RAVE SOCCER COMPLEX LLC. Agenda Item 13 Page 11 -• ???..<? _ _ • I ? ? ¦ i ?? ? -. . ? ¦ ?: , ? f- .? ? ? a._. . ... . ? ?`?. . S ? 7 i.. .i . 5'.. { l ± S f 4 r. ? 1 l I I`.4 A - ? `i ,.,a III, _ . .: ` ?. EXISTING SHED RAVE SOCCER COMPLEX LLC. Agenda Item 13 Page 13 ROSE HALL 1-11 a 7 7 R.xL SUCCeI' l.UmpiCx5 Li.k- r,aa, ?dvr ;;; ?, ? -RSiJ` rAPZ2 c ?•E ; ' ? ; A 12 12* ??Y o ? ??,` = A?2.,' ,? ?;p?•??. APZ1 ? x Q AG2 4 A181, It. 3 ?=--,. , ? ? 1 ? ? daR*." ;?( ,:, •,,? Ar? n071 APZ2 ' 12* ? ? 11 11 ? ' Zoning with ConditionsiProflers, Open Space Promorion or PON•2 Overlays Modification of Conditic ZONING HISTORY # DATE REQUEST ACTION 1 09/14/2010 Modification of a Conditional Use Permit - Outdoor Recreation Approved 09/08/2009 Modification of a Conditional Use Permit - Outdoor Recreation Approved 08/09/2005 Modification of a Conditional Use Permit - Outdoor Recreation Approved 03/23/2004 Conditional Use Permit - Outdoor Recreation Approved 12/14/1993 Conditional Use Permit - Church Denied 02/25/1992 Conditional Use Permit - Golf Driving Range Approved 10/28/1991 Change of Zoning - I-1 Industrial to AG-1 Agricultural Approved 04/23/1990 Conditional Chan e of Zonin - AG-2 A ricultural to I-1 Industrial A roved 2 09/09/2008 Modification of Proffers - Change of Zoning from AG-1 Agricultural to Approved Conditional B-2 Community Business District 12/02/2003 Conditional Use Permit - Car Wash Approved 12/02/2003 Conditional Change of Zoning from AG-1 Agricultural to Conditional B-2 Approved Communit Business District *Continued on next sheeY' 3 08/10/2004 Conditional Change of Zoning - R5D Residential to Conditional I-1 Approved Industrial, I-2 Industrial, and P-1 Preservation Districts ? RAVE SOCCER COMPLEX LLC. I , Agenda Item 13 Page 14 I'Il II 07/01/2001 Conditional Change of Zoning - R5D Residential to Conditional I-1 Approved Industrial 4 12/02/2003 Conditional Change of Zoning - AG-1 Agricultural to Conditional I-1 Approved Industrial District 5 10/14/2003 Modification of a Conditional Use Permit - Church Approved 10/29/2002 Conditional Use Permit - Church A roved 6 06/25/2002 Conditional Use Permit - Lodge for Fraternal Organization Approved 09/14/2001 Change of Zoning - AG-1 Agricultural to A-12 Apartment with PD-1-12 Denied Overlay 7 10/24/2000 Conditional Use Permit - Church A proved 8 02/01/2000 Modification of Proffers- Conditional Change of Zoning AG-1 and AG-2 Approved to I-1 Industrial District ' RAVE SOCCER COMPLEX :? L:?C. ?Agenda Item.13 Page 15 7 ? ? y A ? ? ? ? y ? ? ? ? y it y 4 ? ? ? J ? ? ? ? ? ? ? ? ? ? ? ? ? APPCICANT DISCLOSURE n, complete the fatlowing: Frelationship ant is a corporatian, partnership, firm, business, or other unincorporated applicant name foilowed by the names of all officers, members, trusiees, , etc. below: (Attach /isf if necessary) er Complex LLC, Mehmet SeJim Ozic usinesses that have a parent-subsidiary' or affiliated business erztify2 ship with the applicant: (Attach list if necessary) None F]Check h ere if the applicant is NOT a corporation, partnership, frrm, business, or other unincorporated organization. PRCIPERTY OWNER DiSCLOSURE Comptefe fhis section only if prope?fy owner is difierent from applicant. If the properly owner is a corporation, partnership, firm, business, or other unincorporated organizatian, complete the following: 9. 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 entityZ relationship with the applicant: (Attach lisf 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 off+cial or employee ofhe City of Virginia Beach have an interest in the subject iand? Yes R No ? If yes, what is the name of the official or employse and the nature of tiieir interest? DISCLOSURE STATEMENT RAVE SOCCER COMPLEX LLC. Agenda Item 13 Page .16 ADDITIONAL DISCLOSURES List ail known contractors or businesses that have or wili provide services w+th respect to the requested property use, including but not limited to the providers of architectural services, reaf estate services, financial services, accounting services, and legal services: (Attach list if necessary) '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101, Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is aiso a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regu?ar basis; or there is otherwise a close working relationship between the entities " See State and l.ocal Government Conflict of Interests Act, Va. Code § 2.2-3101. -- - - .?. CERTIFICATION: I certify that the information contained herein is true and aceurate. f understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the requEred s9gn 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 oi Planning to photograph and view the site for purposes of processing and evaluating this application. ? 64 Mehmet Selim Ozic Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Prinf Name Modirication of Conditions Application Page 9 of 9 ? ? ? ? co ;2 C ? ? ? ? ? ? ? ? C EM via ? ? ? ? DISCLOSURE STATEMENT RAVE SOCCER CQMPLEX Agenda ItE Pa .LC. h 13 e17 Item #13 Rave Soccer Complex, L.L.C. Modification of Conditions 2949 Shipps Corner District 3 Rose Hall November 12, 2014 REGULAR An application of Rave Soccer Complex, L.L.C. for a Modification of a Conditional Use Permit Outdoor Recreation Facility on property located at 2949 Shipps Corner Road, District 3, Rose Hall. GPIN: 14953733290000. CONDITIONS 1. The facility shall be used for indoor and outdoor recreation only. No assembly uses shall be permitted on the site. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the South and East property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the South property line on the Eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 4. The soccer facility shall be developed in substantial conformance with the submitted plan package entitled "Shipps Corner Soccer Complex at 2949 Shipps Corner Road, Virginia Beach, Virginia" prepared by WPL and dated March 31, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The existing stormwater management facility may remain in its current location if approved by The Department of Public Works and the Department of Planning/Environment and Sustainability Office (Southern Watershed Management Ordinance compliance). 5. The indoor facility building addition shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX INDOOR FACILITY", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. The applicant shall obtain all necessary permits from the Permits & Inspections Office no later than January 31, 2015. Item #13 Rave Soccer Complex, L.L.C. Page 2 7. The applicant shall obtain certification from a qualified professional engineer that existing structures on site are safe and in accordance with existing plans as directed by the Building Official, no later than December 31, 2014. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approved item 13. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 13. Eddie Bourdon appeared before the Commission on behalf of the applicant. Linda Russell appeared in opposition. ? I ? 1 a' m' , ? C ro J ? ?. C? ?. 0 ? 0 ? 0 4 i 5 ? 0 ? v w a? ? ? ? ? .. ? CL ul- ? ? ? ? ? ? ? v ? ? ? . y? t ? ? -? CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: Ordinance Approving Application of Thomas C. McKee and Lisa D. McKee for the Closure of a 5,573 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Circle Lane MEETING DATE: December 9, 2014 ¦ Background: Thomas C. McKee and Lisa D. McKee (collectively, the "Applicant") own 1121 Cedar Point Road, and have requested the closure of a 5,573 sq. ft. portion of Circle Lane (the "Right-of-Way"). The Right-of-Way is unimproved and situated between the Applicant's parcel and 1125 Cedar Point Road, which is owned by Brandon J. and Betsy C. Slate (the "Slates"). The Applicant owns the underlying fee to the Property and has maintained the area with landscaping, including grass, shrubs and ground cover. The Property has never been used for vehicular or pedestrian traffic. ¦ Considerations: In accordance with an agreement dated October 23, 2014 between the Applicant and the Slates, the Applicant has agreed to convey approximately 1,286 sq. ft. of the Right-of-Way to the Slates, shown as "Slate Acquisition" on Exhibit A attached to the Ordinance, to be incorporated into the Slates' existing parcel. The remaining portion of the Right-of-Way, shown as "McKee Acquisition" on said exhibit, would be incorporated into the Applicant's existing parcel. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. Said subdivision plat shall substantially conform to Exhibit A attached to the Ordinance, and must include the dedication of a 20-foot drainage easement within the right-of-way closure area, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall dedicate the necessary easements for any City utilities located within the right-of-way closure area, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easements shall include a reasonable right of ingress and egress. 4. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate there are or may be utilities, including a private water service line, within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies and/or the property owner benefitting from the private water service line must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. ¦ Attachments: Ordinance Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Departmen City Manager: K ? rr 1 ORDINANCE APPROVING APPLICATION OF 2 THOMAS C. MCKEE AND LISA D. MCKEE FOR THE 3 CLOSURE OF A 5,573 SQ. FT. PORTION OF AN 4 UNIMPROVED RIGHT-OF-WAY KNOWN AS 5 CIRCLE LANE 6 7 WHEREAS, Thomas C. McKee and Lisa D. McKee (collectively, the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "AREA OF PROP STREET CLOSURE 5,573 27 SQ. FT. 0.128 ACRES", shown as the cross-hatched area 28 on that certain plat entitled: "STREET CLOSURE EXHIBIT 29 OF A 5,573 SQ. FT. (0.128 ACRES) PORTION OF CIRCLE 30 LANE (A PUBLIC R/W) BETWEEN CEDAR POINT ROAD 31 AND HILL ROAD (M.B. 7, P. 166) VIRGINIA BEACH, 32 VIRGINIA", Scale: 1" = 30', dated March 20, 2014, prepared 33 by WPL, Landscape Architecture, Land Surveying, Civil 34 Engineering, a copy of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 45 46 GPINs: 2418-67-2070 and 2418-67-2141 1 47 Pursuant to Street Closures," approved by City Council. Copies of the policy are 48 available in the Planning Department. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcels. Said subdivision plat shall 52 substantially conform to "Exhibit A", attached hereto and made a part hereof, and must 53 include the dedication of a 20-foot drainage easement within the right-of-way closure 54 area, subject to the approval of the Department of Public Works and the City Attorney's 55 Office, which easement shall include a reasonable right of ingress and egress. The plat 56 must be submitted and approved for recordation prior to final street closure approval. 57 58 3. The Applicant shall dedicate the necessary easements for any City utilities 59 located within the right-of-way closure area, subject to the approval of the Department 60 of Public Utilities and the City Attorney's Office, which easements shall include a 61 reasonable right of ingress and egress. 62 63 4. The Applicant shall verify that no private utilities exist within the right-of-way 64 proposed for closure. Preliminary comments from the utility companies and the City's 65 utilities agencies indicate there are or may be utilities, including a private water service 66 line, within the right-of-way propose for closure. If utilities do exist, easements 67 satisfactory to the utility companies and/or the property owner benefitting from the 68 private water service line must be provided. 69 70 5. Closure of the right-of-way shall be contingent upon compliance with the 71 above stated conditions within three hundred sixty-five (365) days of approval by City 72 Council. If all conditions noted above are not accomplished and the final plat is not 73 approved within one (1) year of the City Council vote to close the right-of-way, this 74 approval will be considered null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before December 8, 2015, 79 this Ordinance will be deemed null and void without further action by the City Council. 80 81 2. If all conditions are met on or before December 8, 2015, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents, if 86 any, that may be requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. a gg SECTION IV 89 90 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 91 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 92 VIRGINIA BEACH as "Grantor" and "THOMAS C. McKEE and LISA D. McKEE as 93 "Grantee." 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of 12014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney ? CA13188 \\vbgov. com\DF S t\Applications\CityLawProd\cycom32\W pdocs\D028\P014\00012539. DOC R-1 November 26, 2014 3 APPROVED AS TO CONTENT: en • ?, ? EXHIBIT A KOTFS - ?IGE ? ne t,*rer s aaax?t.r? ro sNar 1?rt. ? L? ?k M g? j?, p, t 8lS) oa' 0PQDlWt W-0F-er d 4SURE W ( OAXMMYIr ar W As"siD vtcM ?=- ? ?!'aClW1[f Sy .5 NQ? I-1M F'JS lW ,•..-. _. +? cWaK KTYa€wu. RtC. rwa,RtdER? 2A 7ni WPW wAs r,Dr KSa aWOUD F as" :16 03(t? 70ty snI-E crar 241e-66-1$11, ;1d.s. 12. P. 3e) k 0r•.,8' f - iv.Lv, . ? SLATE FARI OF WE-tY ACQU1StTitN tPw: 24W67a1t05 (11.S. 14, P 44) au Sh* 241e-67-20 n ;MM ZSf141t 19dr1,zaawa) Lj KR1OM ` ir 9 ' p ? W QW 2415-66-2972 EY.9. 1. P. 18? ? 8 ?q.'p t + , i ?t r? ? ? . LK . cr; ? ? c ?- ; ? SItE-10 GI'+ft 241847-2141 7, p. 19A) s a. ' " . ???•? ?y? p? ? . . /?Air 6d? ?/S7.T uot ?TC-3 ..? RM ?' . . f30 t30' ..r 5 O.l".!d ' !r A', 5724 ' ' +GECJAR PC?1A/T FTOAD ``a~Rl?r :, E A aAF? t'rj%N7 fyl4lvf = I>f Eo & P1.AT LAW (3p' R'/W) /".9, "/, f? 166j fr"REZ'P CLOSM VOM? ? ?', ?ti ? 5,673 SQ. " (p.128 ACRU) ` PnRrION OF CtRCIZ w? ?? PUBUC It,nry lo"Wgp cInAs POWn IO.n ,ga 1= scaa ? Itt.B, '. v 1eer VLf+t!G1NIA I3EM '11, VIkGI'+iiA reu?wa n,,.,e?*.., Y.s?a???rrrl?+ AKtr THOMAS O'??? ? A LISA 0. MoIKU ? tr ? r ran Wi a .-- BPACH /m:orrttl!IOmlixrtnx.vniN..,(Nwn4panVrz?n?<rtinn .??rett?.+v7?r. -t ,?.?+.,? .'-• -- - . ??- ?a s,.i:?',.,. P. i ,.., ?Tl R?i?•k'?.a? 10 November 12, 2014 Public Hearing APPLICANT: THOMAS C. MCKEE & LISA D. MCKEE STAFF PLANNER: Kristine Gay REQUEST: Discontinuance, closure and abandonment of a portion of Circle Lane ADJACENT GPINS: ELECTION DISTRICT: SIZE: AICUZ: 24186720700000 BEACH 10,450 square feet 65-70 dB DNL Sub Area 3 BACKGROUND / DETAILS OF PROPOSAL As shown on Exhibit 1(page 6), the applicant is requesting to close a 5,573 square foot portion of the public right-of-way of Circle Lane. This portion of Circle Lane has been physically operating as an extension of the applicant's property to the south by being well-landscaped and left open of any physical structures. As shown in Exhibit 2(page 7), it is the intent of the applicant to incorporate a 4,287 square foot portion of Circle Lane into the applicanYs lot located to the south at 1121 Cedar Point Drive. The remaining 1,286 square foot portion will be incorporated into the property to the north identified as 1125 Cedar Point Drive. Circle Lane has been improved to the east of Cedar Point Drive to accommodate local vehicular traffic and extends eastward approximately 250 linear feet until it intersects Crystal Lake Drive. To the west of Cedar Point Drive, Circle Lane has not been improved to include accommodations for vehicles or pedestrians. Circle Lane extends westward as a'paper streeY for approximately 560 linear feet until it meets the side lot line of the property identified as 703 Circle Lane. THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwellings SURROUNDING LAND North: • Single family dwellings / R-10 Residential District USE AND ZONING: South: • Single family dwellings / R-10 Residential District East: W est: NATURAL RESOURCE AND CULTURAL FEATURES: . Single family dwelling . Cedar Point Drive . Single-family dwellings / R-10 Residential District / R-30 Residential District The area of the proposed street closure is flat and grassy and has been landscaped with ornamental shrubs, grasses, and ground cover. It does not appear that any cultural features are present. IMPACT ON CITY SERVICES PUBLIC WORKS - TRAFFIC ENGINEERING OPERATIONS: There do not appear to be any City plans or intention to develop this right-of-way as a street. A 20 foot drainage easement should be centered in the Circle Lane right-of-way and extend from the most western proposed right-of-way line of Circle Lane (shown as "PROP R/W LINE") eastward until it meets the most eastern proposed right-of-way line ("PROP R/W LINE") of Cedar Point Road. WATER & SEWER: Portions of the City-owned water and sanitary sewer service lines serving 1121 Cedar Point Drive, to include the water meter and sanitary sewer cleanout, are located within the subject paper street. A portion of the City-owned water service line, to include the water meter, and private water service line serving 1124 Hill Road is located within the subject paper street. PRIVATE UTILITES: There is a private water service line serving 1124 Hill Road. EVALUATION AND RECOMMENDATION Upon review of the application and the reasons for the request, the Viewers found that the closure of this right-of-way will not be an inconvenience to the public. The applicant and property owners of 1121 Cedar Point Road (to the south of the Circle Lane) own the underlying fee for this portion of right-of-way. As it exists, the subject portion of Circle Lane is perceived as being part of both the applicanYs property to the south and the property to the north, identified as 1125 Cedar Point Road. Initially, the applicant submitted the street closure application requesting that the subject portion of right- of-way be entirely incorporated into their property to the south. As the subject portion of Circle Lane curves north to extend 50 feet in front of the adjoining property, entirely incorporating this portion of Circle THOMAS C. MCKEE & LISA D. MCKEE Agenda item 10 Page 2 Lane into the lot to the south would cause the legally non-conforming lot width of the property to the north to enlarge. Therefore, as agreed upon by the applicant, Staff has included a condition that requires the official subdivision plat put to record to substantially conform to Exhibit 2. By substantially conforming to Exhibit 2 and incorporating the portion of Circle Lane called out as "SLATE ACQUISITION AREA" into 1125 Cedar Point Road, the lot width will not decrease. Pursuant to the terms of an agreement dated October 23, 2014, the applicant agrees to convey the "Slate Acquisition Area" to the owner of 1125 Cedar Point Road. As outlined above, City-owned water and sanitary sewer service lines, water and sanitary sewer clean out, water meter, as well as a private water service line are located in the portion of Circle Lane to be closed. City of Virginia Beach Public Utilities is requiring three separate public utility easements to be dedicated to the City of Virginia Beach. These easements are to be as follows: . An appropriately sized (minimum five-foot width) Public Utility easement shall be dedicated to the City of Virginia Beach to encompass the water meter and sanitary sewer cleanout and extend to the existing right-of-way along Cedar Point Drive. . An appropriately sized (minimum five-foot width) Public Utility easement shall be dedicated to the City of Virginia Beach to encompass the water meter and extend to the existing right-of-way along Cedar Point Drive. . An appropriately sized Private Utility easement, for the benefit of the lot at 1124 Hill Road and encompassing the portion of private water service line within the area of the street closure, shall be recorded if it has not already been done. Given its consistency with the Comprehensive Plan, and full support from all Viewers, Staff recommends this request for a Street Closure contingent to the conditions below: CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. Said subdivision plat shall substantially conform to "EXHIBIT 2" dated March 20, 2014 and must include the dedication of a 20-foot drainage easement within the right-of-way closure area, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall dedicate the necessary easement for any City utilities located within the right- of-way closure area, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easements shall include a reasonable right of ingress and egress. a. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate there are or may be utilities, including a private water service line, within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies andlor the property owner benefitting from the private water service line must be provided. THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 3 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approvai by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of- way, this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within fhe Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 4 AERIAL OF SITE LOCATION AND SITE PHOTO THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 5 EXHIBIT 1 NaTES: NDEU TD SNOW THE AREA ?/,?RIOtAN SOURCE t. TF'IS EXHIBIT 5 iNTE ?M B 7 P. 166) Ot Pn^vF0 FC RlGHT-0f W41' CLQSURE AtiD .INDtH'NU?hf 04 iH? fSS CIA'EO RECORU 1,., JJCUI+EPIf?S) b NOT K IT'+IDEC FQR ANY i'JER?C?t?. GARN?Pa OiHER TNAM1 tNEWd. Re fiEIJCC. 2. k TiTLE RcPORT HAS NOT BEEnI PRONOEJ FO?? V 04 rwis aaoFEr,n• P.ROP - SfTE-E Ri w G?IN 2419-66-1913 LINE 1J SURQ? (N.B. 92, P. 38) N 03'38' E -.Y-_'h_......-_h_ -)'- I JO OO ? -y IX i --r-, PAR7 0F 5(1E-12 I ? W° ti r uPIN. 2416-67-1105 (M.B. 14, P 44) I , GF'iN: 241$-67-2Q7,, q0. ? (IN. 201Ot I-1900123DD40) I / ? (M.B. 7, °. 166) 1 ? ? O L ?( r? N?•W?? ? p SfTE-8 4 2972 _ L 18-66- GPIN: 2 {Ih.B. 7. P. 186} :zt ? g?_10 i4 ?ti21 I V 1 2418-67-2 GPIN: o I (M.B. ', P. 156) ? .? r if PI?K?IJ - ?vn`j -%- -AREA OF PROP STREE7 CLOSUr7E 5. 573 SO. FT ? RIW E 0. 12B ACRES `-' ra ? ? ? . ,.o NE T30.00 ' W ? 0338 -`74? CEt?AR POINT ROAU -PROP R/w CEDAR PO/NT Ut7lVE _ lJEED & P[?1 T LlNE (30" R/W) (M.B. 7, P. 166) ? F' o' STREET CLOSURE ?IT SHEET i oF ? 2014 " =a scni.E: i ? OF A RCH 20, 573 SQ. FT. (0.128 ACRES) 5 ? . PORTION OF CIRCLE LANE (A PUBLIC R/lY) HET1fEEN CEDAR POINT ROAD kND 1U.L ROAD • (M.H. 7, Y. 188) WVro Mh?- ? ?q?v c 75 izi?caiiroxsaesaw .431,041 motrm VIRGINIA BEACH, VIRGINIA Ezclusively for THpMA8 CtfR18TOPhER MCKEE & LI8A D. McKElF ,u „?. _-STREET CLOSURE EXHIBIT THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 6 EXHIBIT 2 NflTES: MERIQiAN SOURCE 1. Ti ? cX4IBIT 15 INTEtiDEC TO S??OW THE ARFA f P. 166) Oh unOFOSGG RIGifT-OG-WA'i CLOSURE AND 14DEPJvDEU' 0, ,H: ASSGCl4TCD RECDRD ?- JCCUVENT(S) IS N07 IDJTENI_D FOR AtJY OTk [k T; IAN GEkERAt RcFERENCE - O ERIC??. GARNER - 2. !, !iTLE REPORT HAS NOf BcER PRO`ADt? FO??,V _ Ng. ;29Q4 T?'s pHOaER?Y. PROF-? ? Q 1(?t71ZU4'i ,?. SITE-E ? ,5'URV?'? ? ;P1N: 2418-66-1913 ? e( _ (lA.9. 9'L. R 38) N03'38' E 4?_ .. -_._x- _._,<- I ` SLATE X I ? ? i '? ". ? PART QF SITE-1 Z "vPIN: 2418. 67-1105 ACQUISITION ? (M.B. 14, P. 44) ? MY McKEE GP1N: 2418-67-2070 ? # >:`4,,\ , (IN. 20101179001230040) ACQUISITION i ;M.6. 7, P. 165) .? . . strE-8 GPIN: 2a18-56-2972 o? ..? ? ? ?w.?i?,°? (z; aa ? ? (};?? ? ^ ,M.B. 7. P. 166) I ;'?' (r'? `? SfTE-10 4 T ? 171 ? y 1 GP1N: 2418-67-21 (M.9. 7, P. 156) 30 'ICKET-1 ?? f ? ? FE?dC'?, > >? ?AREA OF PROP ? STREET CLOSURE 5,573 SQ. ? IX ft? 0.128 ACRES UNE p \ 9? ; ' ?' ' , °a C, EX /w UNE 1 h ,, r Y 130.00 25'? --- , 03'38 W ? ? 5'2.4' CEDAR PC3//VT ROAD?-PROP R/W CED.AR POINT DRIVE = D£ED & P1.A T LINE (30' R/w) (M. B. 7, P. 166) SCAL?: 1"-34' STREET CLOSURE EXHIBIT SHEET 1 OF 1 ? hL4RCH 20, 2014 5,573 SQ. FT F(0.128 ACRES) PORTION OF CIRCLE LANE (A PUBLIC A/YP) BETWEEN CEDAR POINT ROAD AND AbT. ROAD (M.B. 7, Y. 168) VIRGINIA BEACH, VIRGINIA ?e-a ti nnIdre Esclueively for I'm s?nm?!9 c"py?n ???" ?.?THOMA8 CFRISTOPt?R McKEE & L{SA D. kiCKEE 117 1 S01C 9qt SA B MiiM ffAOL'?. 21152 ._ __ __'_' .... ... . ., o STREET CLOSURE EXHIBIT THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 7 4GREElViLNT '1'filS AGREEiv1EN"1' macle this Zdati t>f Octobcr, 3014 by and betucen T1I0MAS C. MCKF,E and I,1SA D. MC,I:I:E, husband and wife, (hcreinaftec the"McKccs") and B12.ATvpCIN 1. SLATE and BrTSY C. S1..A.TE, }ausbanci and wife (hereinaftce tllc "Siates")_ VJHEIZEAS, FhoTnas C. MciCee and Lisa D. McKee owii the rcal propertp hearing sueet address o]' 1121 Cedar Poim Road, Vizginia Beach, Virginia 23451 (the "tvicKec Yrapertv") which abuts the paper street knowm as Circle t.ane (tlie "Street"), adjacent to the NIc•Kez Properiy; and WHEREAS, the McKees further otivti thc fec simple interest in and tn the portiou of the papLr street knc»=Ei as Circle Lane which abut.s the McI:ee Propert}°; WHF..REAS, Brando3i J. Siate and Iietsy C. Slaie otiim the rett) property bearing strect address of 1125 Cedar I'oiut Rr}aci, Vi Cinia Bc;ach, VA 23451 (the "51ate Propert),") which zs bounded on the sc>utli by Circle Lvie; a3d WHEREAS, the McKeeS havc filed witl7 the Ciry of Virginia Beach an Applicatton for Street Closure relriing ta the portion al'Circle Lanc Fvhich abuts their properry. A capy of a Street Closure Exhibit pregareci by WI'I., daEed 141arch 20, 2014 (thE "Street Ciosure P[aP") is atzachzd 1-ccrelU us xhibit ; and V4'HEREAS, if t11e closure af Circle Lane, xv?hich is owned in fee simpleby the McKees, subjecl to the public's riaht to use san3e, is granted by the Gity of Virginia Beach, Virg3nid, the McKEE - SLATE AGREEMENT THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 8 entire land area o1' Circlc Lane as retlected on the Street Closurc Plat will become the unresu-icted fee simple land of the'.t'(chees; and "25"'iA'HEjZLAS. the Slates are concemed thst such strect closure would render their lot as a non-conlirniing lot and have proposed that the N4eKcts conve}= to the Slates the sinall area of propertv sh<7wn on the aEtactied rahibit 2(the "Slate Acquisition Area") antl hightighted in vetlow; and R'f II;I:F.AS, the McKees have agc•eed to conve4 the prciperty dcscribtd as the Slate AcquisitioFl Area to the Slates upon the condition that: 1. 'I'hc Slates witl pay their prorata share «(' the City's charge to the A7cKees ior vacating the public's right to use this ponion of Girele I,ane, and g`ht to use Circle 2_ The Slates' prorate sharc of the Cit}"s i?ec to vacate the public's ri- I:ane shall be deternlined by a fractiem of the dc,naininator of which shall be the grass square fo«tage of the portion oCCircle Lane to be closed, and the numerator of which shall tie the squxre footage Eo be conxcRLc1 to the Slatss Eri>m the N1cKces as retlected upon Exhibit ?. :i, Each party will faear the costs associated with the preparation and recordation of the resubdivision plats required by the City fur ?heir indit 2uuLi ?7ri?;?Urtie:: to reilect the additional laiid allocated to the McKe:i:s' and the Slates' existing lots. NC)W; THEi2LF0RE, the parties cla herebv ugree that tlle Slates will n<it ohject to dle closure of Cir•cle I,ane and the vacation of' the public's right to use same with the resulting fea simplc awnc:rship in the Slate Acquisition Area vvhicll is alrcady owned in tee simple by the 2 McKEE - SLATE AGREEMENT THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 9 Li1y o.` t'i;zlinia 13eac= and tht agm.cen:an: tha: each parv shall E?ay €l-ic"s; avvn vo5t o.` u?f* pr?-paixiaiw,s_ ard re+???i&[:on uf .tit €rsuticli.•ibEur p1?ln, aftixatirg tFGe bulk ot Ci.rrcle Lane tc, Cht Nts.k:e.=; stiut tkic Slate Acquis:t3o4 A::;: tt? ti= Slatts. eVITNESISS fl-je e>Ylow's?? ? p.-aw:es COYNOWSALTV OE= VtltCNiA. CT€'4'.iCe tL NT'Y C8a° vh 'P,_,J ?k C e4: . tcrw;e= a , he 'ti?rr?,:=ir?? ir4?r?mr?a:? ?:s ???sn t??> sd??scrk? ?r?t{ ack.?n?l??l?r? 6c?'a? m? tltis ? dag a#' ?.?4:?-"''? =. ?" _-, -,????, rn ???? ? ?.x?[!=;?u.isy ,,i ?ti?-?;? ?; ? ?E????: . C'r*?s???.•??I!h: ?1' 'v'i:cinia by a homas C- McKcr aM Uscs D. h'Ele,m. Ttrt ssid TYo-vm,s C? Ivt,Kec knc-r IQ cne cs h: !. nrad-ic-d ''"??'",`? ? 1? ` C?•. ? r"' ?? - a, id-ni2ificu acin_ Ttic smid Lisn B. NkKec 7% Tw,:,€4r:jtl1v k.nrv,T sa rnu un ca,: g;-j,7&ir-cl __ ??? ?? ?-t?t•.t :? F __ ?a? iclentiliwatic-r. ? .r ?'?'''?'?- ?F t , ,?•?? ?-:t ;i s ...--.?. ?ina, V ?' G tc Y• s : ;? 4 '? }*7y Co: pires: a 1 ?tW 'a., 5 'c?`?? Ir "JC y86 i ?MhA?4,F• !jjiJ?w? Lfi? ? »m 3 McKEE - SLATE AGREEMENT THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 10 USrl D MI--kEE _ ---, '(4T:.it.) s3..??i? ? isEALl 133-:15Y c_ Sl N1,2 t'i?RihluN'.1h:S1J3r,?F 1%IRC,1NlA,. Q)F ,- .-•. .? , ? ,- E4l-:'??[?_ . . ..1?:?..?.:=?.._.._ • V? T'?e {'ztccgFi.,o instr?:men: u?as,t+?t:nt t??, *?aks 4rik??1 3nd acf?n?ryu3rdcr.3 6clnrr arte tfii:A -? t rrf (.? -}? .2??1 4, iCk tMc 4 dri t?r?urt, ti?r ?,?;?3,, ? C t'??-i_? C[amil7ls?n'*?? nT 'v Lt? i???fiia t?;+• [3ra?7dc?1s 1_ Sln&r t?rtd I3e1s?r ?'. `?ir.te. 3?tc said Firu7rdc?n J. Slz?=o 'ta.r ??v %n?wra a,5 identEE`i..a6un. "Fw, said Fs4t?y C. Slutr. ----- ?`- ?`*.s ksfxsj"10 Me r.r ms pniduced as idcn?aT?-rtis7ri, _ 41?73H!?k 5 ?.?: I I :. w: • ftit• Cwa:ttmissi,i.a s::??ai?e3 ?= I Ncrmrv Ete?!;:?vfrtic?n Na ? ;,;z. ^-+ t ? [l1tTx N-'0tlri2l S;ar.sP?7 l_:=K"S;:=:?.''- McKEE - SLATE AGREEMENT THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 11 ZONING HISTORY # DATE REQUEST ACTION 1 02/24/2009 Nonconforming Approved THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 12 APPLICAR1T DISCLt'ISURE Ir the app(icart ts a ccrpo'ation partnersnip, fiem, 6us-^,ess Dr ather .jn?noC=rporpted ! ciFgan ;: ?t???, -cmple#e thE foltcu?ing:. 1_ LisO the a: plicar? name foll-owed by ti`ie eRaries of aII of ic-ars: rrseFnbers, trustees; i t' R, t '- :.-. „ ...... 'r"Fr . . ..r.?.....-.?,.. ... . . . _.. tr. List ail businessea thai ?ave a paTen#-subsidiarya or affii;ated business ent€[y` re1at3onsh?p with tih? apli: ar1t: ,?A.1tach ia'si if neGp55st?q ZChia?k hia'e if the aDppli..ani ?s NOT a corparat;cn, raartmers:iip, firm, busin;ess, Dr ozher uni'?carpo rated crganizanon. Bee next paac- ior r='Irtote• 1 ? DISCLOSURE STATEMENT THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 13 ADd1TiOhiAL DtSCLO5t1RES 1-is' aIlk?own ccntfa:cars or businesses that hiave or vJqii provide ser????sv,rith respect to the ;equ=;ted prcparty Fuse, in^I€:di7g but no# lirni:ec J #cr the p4oVide"s cf artnuvectLr-a( i servicRs, deai estaCe se"vi;:=s, financial senri.:e5, acrojn; r'g servi;,es, anti egal : senticas: ?At".a,:.h I;st g` naz:essaryt ? , r rv ---?- ' ' Parent-sUt sidi.3ry Te°at?Dnship" mear? 'a relaiiansihip I'nat exists when an e corpora:iora directly ar andireatly owns sharers ??sse?ssing rnore th?? 50 PeT°cent D€ ?-a vcting i oawer af an:.•ther cowporatian., Sep, Saate and L.4c?a1 Govemt`tenk Con'lict of InsP; es-fs Act, 4.'a. Code § 2.2,310 1, i t i : ".AffliaT.od DLsinQss entity roIa#ianshAp' means "a ,e`;,aonship, otherthan;Darent- sLibsidiaTv reIatiUrshizi, that exists when ,J) cne busin;?ss vli'y h?s acontrcl€ing a4M+rership in'LeTeSt -n the e,ther buiiness e?ttrty. ti=i a cwtrcl;ing Qwnee ir€ ona @nli[v i,; ais? a u)r.trolii?? ownMr in the otf tee;, enkity, or i;0;1 there :s shared rrmnagement ae control batda+?en the utjs:pews Pnti,sps: Faeior, th-.;# s_'i:3ti1k1 ?(-- con::dered in dekemini'rr ;he ex.islwnue eaf an affii;iafe,.4 ?:,usinu55 erttit}? re.;atica'tshrp irc?ude tha° the s ,se persan or aubstartially t*?p qar ?? pe--mall owri 0r man-tque ihu 9wo the-,e are cornmoa ar carn-r.iigled fund5 0r 29Sets; th, V- bisheSs en[ixies share f'7e ise oT the sarn? officas o, em.plcyees or athcrwisp sh-ar€? act,viiies, resmrce;Li- pe-rycnr,el an a regular basis; vE there is other.v?se a rlt?sc! 4vaking CeialiaishaG ??tweer the v1i4:ea.'" ;`? State anc Lo:a[ Gcwe°n?ment Carfl:ct a` l?te-fes?s A-.,'.`a Co ae ? a 2_2-?1G1. CERTIFICATfOhJ. ss #-ue arr? ?=-ifwe. ` urdersiand *hal, upor rczeiF{ o` notiri?;ation (F^stcardj ta' the Oteh swwduied ?c; p:jbiiC tttating„ i atrn r?-.ponsibl¢ fu° outailrig ard p?s?MT t're rea,.ji-ad siar on the sUbje tORIK:tr1y :=L (east 30 days Dr.:'to ;I,[ s-ItbLLi-ed p?-;LIic hiearing ac_-arding io t:ie in=truaronA in t'i-s ips:ka?o.'hc urjers?gned aiva;, consen^s tp. entny uzion :M? subtc' propt'r%. : p=-plcyEes2' th-:? DE?part ,E.-ir ci PIanninq ta pho.aq??P*-; an????t?rttr° siie frarpurQ-3ses o1 Pn::?.3-;r,a anj €:uaijaf.na ts, s apR faalEaf?. ,- ? d ? ? ,' ?'3-i'? . . ,. t -. I t4.,tM ?;,-w.?-?o :Dr=n" N7r-re t ?? ?{ d ?.? ji' l?t f?r ? ??? Y?^ ' ? ?• ? _ ? L k ,^ t cvJ"3E. sSIgrct:li q ?I?dff?fcsw 'hz7'nNaIttE* DISCLOSURE STATEMENT THOMAS C. MCKEE & LISA D. MCKEE Agenda Item 10 Page 14 item #10 Thomas C. McKee & Lisa D. McKee Discontinuance, closure and abandonment to close the public right-of-way known as Circle Lane adjacent to 1121 Cedar Point Lane District 6 Beach November 12, 2014 Ct}NSENT An application of Thomas C. McKee and Lisa D. McKee for a discontinuance, clasure and abandonment of a portion of Circie Lane, District 6, Beach. GPIN: 24186720700000. CONDITlONS The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Palicy Regarding Purchase of City's interest in Streets Pursuant to Street Closures," approved by Crty Council. Copies af the poiicy are avai{ab(e in the Planning Department. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjaining parceis. Said subdivision plat shall substantialiy conform to "EXHIBIT 2° dated March 20, 2014 and must include the dedication of a 20-foot drainage easement within the right-of- way closure area, subject to the approval of the Department of Pubiic Works and the City Attorney's Office, which easement shall include a reasonable right af ingress and egress. The pfat must be subrnitted and approved for recordation prior to final street closure approval. 1 The appiicant shall dedicate the necessary easement far any City utilities located within the right-of- way ciosure area, subject to the approval of the Department of Public Utilities and the City Attomey's Office, which easements shall include a reasonable right of ingress and egress. 4. 7he applicant shall verify that no private utilities exist within the right-of-way propased for cfosure. Prefiminary comments from the utility companies and the City's utility agencies indicate there are or may be utilities, including a private water service line, within the right-of-way proposed for closure. If utiiities do exist, easements satisfactory to the utifity campanies and/or the property owner benefitting from fihe private water service line must be provided. 5. Closure of the right-of-way shall be contingent upon campliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accamplished and the final plat is not approved within one year of the City Councif vote to close the right-of-way, this approval shall be considered nul( and void. A motion was made Commissioner Hodgson and seconded by Commissioner Horsley to approve item 10. AYE 11 NAY 0 ABS 0 ABSEtdT 0 item #10 Thomas C. McKee & Lisa D. McKee Page 2 BROCKWELI AYE HODCSON AYE NORSLEY AYE INMAN AYE OLtVER AYE REDMOND AYE R i PLEY AYE RUClN5K! AYE RUS50 AYE THORfVTON AYE WEINER AYE By a vote of 21-0, the Commission approved item 10 by cansent. John Richardson appeared before the Commission on behalf of the applicant. ? •? PM ? ? ? I P. ? ? ? ? Q W m ? ? ? C .? ? c 0 U 0 Z ? 0 .o E e a ? ? ? y4 C a? 04 : ? ? Q ? e 0 ? b e 0 u ? 3 e "e 0 N . u? CITY OF VIRGINIA BEACH AGENDAITEM ITEM: Susan Heilig (Owner)/Mark Janik (Applicant). A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 1604 Baltic Avenue (GPIN 24270645821604) COUNCIL DISTRICT - BEACH MEETING DATE: December 9, 2014 ¦ Background: The site is developed with a single-family dwelling, which fronts on 16th Street, and a garage apartment, which is located on the northern portion of the lot. According to City records, the buildings were constructed in 1925. Single-family dwellings are not a permitted use in the A-12 district. Thus, the use of the site for two dwellings is nonconforming. The applicant desires to renovate the first floor of the garage apartment, changing its function from garage and storage to living space that will be combined with the existing living space of the second floor. The result will be a single-family dwelling rather than a garage apartment. The change in function from garage space to living space constitutes an Enlargement of a Nonconforming Use. ¦ Considerations: 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." All work, except for painting the exterior, will consist of interior renovations. These renovations include reconfiguring the walls and upgrading the electrical and mechanical systems to meet the requirements of the Building Code. The two garage doors that face Baltic Avenue have been inoperable for many years and are sealed shut. Further details pertaining to the applicant's proposal are provided in the attached staff report. ¦ Recommendations: Staff concludes that the proposed enlargement of the existing nonconforming use is reasonable and will be as appropriate to the zoning district as is the existing MARK JANIK Page 2 of 3 nonconforming use. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "CONDOMINIUM PLAT OF 501 16TH STREET & 1604 BALTIC AVENUE, A CONDOMINIUM", dated March 25, 2014 and prepared by WPL. 2. There shall be no vehicular parking on the concrete driveway directly east of the garage apartment. 3. The applicant shall provide three off-street parking spaces on the site. These spaces shall have minimum dimensions of nine (9) feet by eighteen (18) feet and shall be constructed of concrete, asphalt or other suitable material approved by the Planning Director. ¦ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager: ?? ` 7N Ql4"1, BEACH Non•ConiorminQ Use REQUEST: Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 1604 Baltic Avenue December 9, 2014 City Council Meeting APPLICANT: MARK JAN I K PROPERTY OWNER: SUSAN HEILIG STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270645821604 BEACH 7,027 square feet 65-70 dB DNL, Sub Area 1 BACKGROUND AND SUMMARY The site is developed with a single-family dwelling, which fronts on 16th Street, and a garage apartment, which is located on the northern portion of the lot. According to City records, the buildings were constructed in 1925. Single-family dwellings are not a permitted use in the A-12 district. Thus, the use of the site for two dwellings is nonconforming. The applicant desires to renovate the first floor of the garage apartment, changing its function from garage and storage to living space that will be combined with the existing living space of the second floor. The result will be a single-family dwelling rather than a garage apartment. The change in function from garage space to living space constitutes an Enlargement of a Nonconforming Use. 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." All work, except for painting the exterior, will consist of interior renovations. These renovations include reconfiguring the walls and upgrading the electrical and mechanical systems to meet the requirements of MARK JANIK December 9, 2014 City Council Meeting Page 1 the Building Code. The two garage doors that face Baltic Avenue have been inoperable for many years and are sealed shut. Currently, there is a concrete parking pad located on the lot between the single- family dwelling and the garage apartment that accommodates two off-street parking spaces. The applicant plans to expand this parking pad to accommodate an additional parking space. There is an existing driveway apron on Baltic Avenue where the garage doors are located; however, there is not sufficient space between the former garage doors and the street pavement to allow a vehicle to park. Condition 2 is recommended to ensure that there is no parking on this driveway, as it would result in the public sidewalk being blocked (see the diagram on Page 6 of this report). LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family home and detached garage apartment SURROUNDING LAND North: . Future restaurant / OR Oceanfront Resort District USE AND ZONING: South: . 16th Street • Single-family dwelling / R-5S Residential District East: • Baltic Avenue • Duplex dwellings / A-12 Apartment District West: . Single-family dwelling / A-12 Apartment District NATURAL RESOURCE AND The site is developed with a single-family home and a garage CULTURAL FEATURES: apartment. The site is located in the Owls Creek Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. EVALUATION AND RECOMMENDATION The applicant's request to expand the living area of the garage apartment will have no visible change to the exterior of the structure. The building footprint of the existing garage apartment will not change, nor will the number of dwelling units on the site. The proposed renovations to the existing garage apartment are reasonable, will have minimal, if any, impact on the surrounding properties, and will be as appropriate to the district as the existing nonconforming use. Moreover, the proposed expansion of the existing parking pad will increase the conformity of the site with regard to off-street parking requirements. In sum, Staff recommends approval of this request with the Conditions listed below. CONDITIONS 1. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "CONDOMINIUM PLAT OF 501 16T" STREET & 1604 BALTIC AVENUE, A CONDOMINIUM", dated March 25, 2014 and prepared by WPL. MARK JANIK December 9, 2014 City Council Meeting Page 2 2. There shall be no vehicular parking on the concrete driveway directly east of the garage apartment. 3. The applicant shall provide three off-street parking spaces on the site. These spaces shall have minimum dimensions of nine (9) feet by eighteen (18) feet and shall be constructed of concrete, asphalt or other suitable material approved by the Planning Director. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. MARK JANIK December 9, 2014 City Council Meeting Page 3 i? t . , 1 . _. I ," ?F•` ? AERIAL OF SITE LOCATION December 9, 2014 City Council Meeting Z ' Page 4 } . OF .•,J• n?G ? . =_ ? ? in a ?ss: ? x a a g 0' ?P4 ? tl o? 3 3 5 CC G o Wi ?? ? ••: ? 33 e ? u s ? ? 10 ?b?ruoJl J ?B?? .aS) O/17V9 gI- ? .?o? ?r ? y z? ? ? RY2?? +?7? ? ? 9 y I ?i x b m i S k i ? i eh r?. z? ? ? 1 -, $ f4 I k iz '4 ? t9 Z Zw ? OQ zQ U W Z ? Z? a c? a N ? ? ^ o F- Z a S?az °u " o V cmi om N H d ? ? g ? ? W ?? W U? j W r y??m a ? < a: ` 0 L ry ?' ?? ? III ?: . _ _ - - -- ---- ? PROPOSED SITE PLAN 8 MARK JANIK December 9, 2014 City Council Meeting Page 5 i j NO PARKING PERMITTED IN THIS AREQ (CONDITION #2) W ? Z W Q U J Q m SIDEWALK CURB & GUTTER CONDITION #2- NO PARKING ON CONRETE PAD LOCATED IN FRONT OF GARAGE DOORS NIH December 9, 2014 City 9,P y VIK :ing e6 , ? PR4PERTY LINE .:rc? :.... ... .. . ...... PRINCIPAL DWELLING- VIEW FROM INTERSECTION OF 16T" ST. & BALTIC AVENUE December 9, 2014 City MARK JANIK ,ouncil Meeting Page 7 ?.? -? ? W --:..;--`? - GARAGE APARTMENT- VIEW FROM BALTIC AVENUE December 9, 2014 City Council Meeting 'Z Page 8 r ? } I ?., .•- ° _ a` , 1 ' ZONING HISTORY 1. 10/07/2014 Use Permit (Eatin and drinkin establishment) A proved 04/13/2010 Use Permit (Small en ine repair) A roved 2. 05/08/2012 Expansion to a Nonconformit (Rebuild two sin le-famil homes) A roved 08/08/2006 Expansion to a Nonconformit (Rebuild and enlar e duplex) A roved 3. 10/08/2002 Expansion to a Nonconformit (Rebuild ara e apartment) Denied 4. 11/04/1985 Chan e of Zonin (R-7 Residential to A-1 Apartment) Denied 5. 02/08/1982 Use Permit (Automobile sales) A proved 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) .&lef Ca,ufrAcf,vq IAva. ? -- 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 Complefe fhis section only if property owner is differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) SvSa,-J -- 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, frm, business, or other unincorporated organization. & See next page for foatnotes Does an official or employee of the 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? DISCLOSURE STATEMENT MARK JANIK December 9, 2014 City Council Meeting Page 10 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) --riv/?fi Go.vf?'roc7Nq StJAPJ?%er l ?iln ?it!/1 GviAb'64 ii-F. '"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. 2"Affi{iated business entity relationshipn means "a re{ationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlting ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that shouid 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 fi+vo 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 beiween the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 22-3101 CERTIFICATION: I certify that the information contained herein is true and accurate. 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 propert}r 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 andview the site for purposes of processing and evaluating this application. t' ignatur Print Name ?sksAJ Owners Signatu idifferent than ap nt) Print Name I ? ? 1 1 f 1 I t 1 1 1 ? , / v I ? DISCLOSURE STATEMENT MARK JANIK December 9, 2014 City Council Meeting Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 1604 BALTIC AVENUE WHEREAS, Mark Janik, (hereinafter the "Applicant") and Susan Heilig (hereinafter the "Owner") have made application to the City Council for authorization to enlarge a nonconforming use located at 1604 Baltic Avenue in the A-12 Apartment District by enlarging the living space of a garage apartment; and WHEREAS, this lot currently contains two detached dwelling units, which are not allowed in the A-12 Apartment District; and WHEREAS, the dwellings were built prior to the adoption of the applicable zoning regulations and are therefore nonconforming; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use of the lot, as enlarged, will be equally appropriate to the district as is the existing nonconforming use under the conditions of approval set forth herein below. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use is hereby authorized, upon the following conditions: 1. There shall be no development of the site beyond the improvements shown on the submitted site plan entitled, "CONDOMINIUM PLAT OF 501 16T" STREET & 1604 BALTIC AVENUE, A CONDOMINIUM", dated March 25, 2014 and prepared by WPL. 2. There shall be no vehicular parking on the concrete driveway directly east of the garage apartment. 3. The applicant shall provide three off-street parking spaces on the site. These spaces shall have minimum dimensions of nine (9) feet by eighteen (18) feet and shall be constructed of concrete, asphalt or other suitable material approved by the Planning Director. 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of 12014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z-A Plannin D rtment City A orney's Office CA13176 R-1 November 25, 2014 2 ? a x ? Q W m O ?.. ? ? t? G ? G ? ? C O U t w 3 y ? ? ? ? ? ? L1. i 40- a. ? U c 0 0 E P a d u ? y4 G d 04 H \ ? ?p eG C N C 0 ? C 0 V ? e c 0 N rSa?'?x.r ?Myl f p4 ?- J?7 4u ..r?+ lC;.``S,y?•? i ...r.'/1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 7-ELEVEN (Applicant) / HOG POST, LLC (Owner), Conditional Use Permit (Fuel Sales with Convenience Store), 1658 Virginia Beach Boulevard (GPIN 2407855905). COUNCIL DISTRICT - BEACH. MEETING DATE: December 9, 2014 ¦ Background: The applicant requests a Conditional Use Permit to allow the construction of a convenience store with fuel sales. An existing 7-11 convenience store without fuel sales is currently located on the parcel immediately to the west of the site at the intersection of First Colonial Road and Virginia Beach Boulevard. That property, however, will be acquired by the City in the next three years for the First Colonial Road improvement project (CIP 2.072). The applicant proposes to replace that store through the redevelopment of the subject parcel with a 7-11 convenience store and a canopied fueling area. ¦ Considerations: The proposed store will consist of 2,940 square feet of floor area. The building will also include an adjoining 1,800 square foot retail space. A tenant for the retail space has not been proposed at this time. Six fueling stations beneath a canopy will be located befinreen the building and Virginia Beach Boulevard. Vehicles will access the site from two curb cuts: one on First Colonial Road and one on Virginia Beach Boulevard. The applicant proposes to construct a right-turn lane on First Colonial Road as an interim condition until the intersection improvements are commenced. Further details pertaining to site and building design, the operation of the facility, as well as Staff's evaluation, 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 11-0, to recommend approval of this request to the City Council with the following 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 plan entitled 7-ELEVEN Page 2 of 3 "FIRST COLONIAL ROAD, CONDITIONAL USE PERMIT CONCEPT" prepared by Blakeway Corporation and dated 10/14/2014. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the building, gas canopy, and trash enclosure shall be developed substantially in conformance with the elevations entitled "7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA" dated 10/16/2014 by INTERPLAN. 3. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the signage shall be developed substantially in conformance with the sign package entitled 7-ELEVEN #37124 (1026953) FIRST COLONIAL RD. AND VA BEACH BLVD, VIRGINIA BEACH, VA 23454" dated 10/16/2014 by HARBINGER. 4. With the exception of any modifications required by any of these conditions or as a result of development site plan review, building materials shall be developed substantially in conformance with the elevations entitled "EXTERIOR MATERIALS SCHEDULE 7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA" dated 10/16/2014 by INTERPLAN. 5. No outdoor vending machines, ice machines, and/or display of merchandise shall be permitted. 6. All signage on site shall conform to the sign regulations of the City of Virginia Beach. 7. A lighting plan and/or photometric diagram plan shall be submitted during detailed site plan review. All outdoor lighting shall utilize LED fixtures, shall be uniform throughout the site, and shall be shielded to direct light and glare onto the premises. 8. A formal landscaping plan shall be required during detailed site plan review per Section 5A of the Site Plan Ordinance. 9. The applicant shall post a perFormance bond of an amount to be determined by the Planning Director or his designee during detailed site plan review for the street front landscaping along Virginia Beach Boulevard. This landscaping shall be planted immediately upon the completion of CIP 2.072 improvements adjacent to the southern property line. 7-ELEVEN Page3of3 10. The applicant shall preserve the existing tree line along the eastern property line. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. - Submitting DepartmenUAgency: Planning Department \-A/ City Manager: "lz- , 7!8`' BEACH "•???„? 7-Eleven lnc. B2 - _ ?? - wricarmrwv BZ ?? . B2 -Al-z 1 >75 d _dn : -?re? o ? 82" J!2 e2 d 82 i wp'Kw ? VIRGINIA BEACH BLVD 02 ? R5D -82.'._ leY P1 R5D Yipl/ Store •?e,,;,e.?,r, ??a?,...a,ore,,.. oe.,? se,..c,?e„ CUP Ges SfaHon wRh Convmimce REQUEST: Conditional Use Permit (Convenience Store with Fuel Sales) ADDRESS / DESCRIPTION: GPIN: ELECTION DISTRICT: SITE SIZE: 24078559050000 BEACH 1.23 acres - ? J November 12, 2014 Public Hearing APPLICANT: 7-ELEVEN, INC. PROPERTY OWNER: HOG POST LLC. STAFF PLANNER: Graham Owen AICUZ: Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backaround The applicant requests a Conditional Use Permit to allow the construction of a convenience store with fuel sales. An existing 7-11 convenience store without fuel sales is currently located on the parcel immediately to the west of the site at the intersection of First Colonial Road and Virginia Beach Boulevard. That property, however, will be acquired by the City in the next three years for the First Colonial Road widening project (CIP 2.072). The applicant's proposal will redevelop the subject parcel with a prototype 7-11 convenience store and a canopied fueling area, with access to both First Colonial Road and Virginia Beach Boulevard. This application was deferred on September 10, 2014 at the request of the applicant to allow for additional time to work on the site plan. The site has a history dating back to the 1980s of retail and auto-oriented uses, but has been vacant since the old Plaza Pawn building was demolished in 2009. City Council approved Conditional Use Permits for auto repair and tire sales in 1983 and 1995, as well as a permit for auto repair in conjunction 7-ELEVEN, INC. Agenda Item D5 Page 1 with a truck rental service in 2000. City Council denied a Conditional Use Permit request for motor vehicle sales on the site on December 7, 1999. The Planning Commission also recommended approval of a previous Conditional Use Permit request for fuel sales at the site on January 9, 2001, although the application was ultimately withdrawn by the applicant prior to City Council action. Details Site Plan - The applicant is proposing to develop a 2,940 square foot 7-11 convenience store and an adjoining 1,800 square foot retail space. A tenant for the retail space has not been proposed at this time. The development qualifies as a shopping center and is subject to the 'Design Standards for Retail Establishments and Shopping Centers (Sections 243 through 249 of the City Zoning Ordinance). The submitted site plan depicts a building in the northeast corner of the lot set back approximately 129 feet from the public right of way (188 from the edge of curb) on First Colonial Road and approximately 140 feet from the public right of way (175 feet from the edge of curb) on Virginia Beach Boulevard. This setback would be shortened to approximately 150 feet upon the completion of the First Colonial Road widening project. Gasoline would be dispensed from six fueling stations beneath a canopy located between the building and Virginia Beach Boulevard. CIP Proiect- The submitted site plan has been designed to accommodate CIP 2.072, a project to construct additional travel lanes and related improvements at the intersection of First Colonial Road and Virginia Beach Boulevard. The improvements will require the purchase of several properties by the City. The Department of Public Works / Real Estate Office is currently in the process of reappraising properties that will be acquired for the CIP project, and will likely purchase or acquire by condemnation the parcel adjacent to the subject site at the northeast corner of the intersection. Although the entire parcel will be acquired, only a portion of the parcel will be necessary for the current CIP project. The City is retaining the remainder of the parcel for future road improvements beyond the timeframe and scope of the current CIP project. This 'residue' parcel will no longer meet the minimum lot area or lot width requirements for commercial uses and structures in the B-2 District, and will, therefore, be practically undevelopable. Earlier discussions with the applicant's representative indicated that 7-11 may have been able and willing to design, build, and maintain a'pocket park' on the residue parcel in order to enhance the proposed development and provide a desirable pedestrian amenity. However, it has been determined that this would be very difficult and awkward to enforce through this conditional use permit, which is only for the subject parcel. It is important to note that the City has not yet purchased or condemned the residue parcel, and the parcel is currently owned by another party. While the parcel is being used for a 7-11, it is not owned by 7-11. Accordingly, since the owner of that parcel is not one of the applicants for the requested Conditional Use Permit, the offsite improvements cannot be required, and are not shown on the current site plan. Access. Circulation, and Parkinq - Vehicles would access the site from two curb cuts, one on First Colonial Road and one on Virginia Beach Boulevard. The applicant is proposing to construct a right-turn lane on First Colonial Road for the interim condition until the intersection is improved. There are existing sidewalks along both roads, and the proposed site plan shows pedestrian paths, constructed of brick pavers to match the building, that connect the storefront to the sidewalks along First Colonial Road and Virginia Beach Boulevard. The plan shows twenty-two vehicle parking spaces, which is sufficient for the site. Bicycle parking is shown on the site plan immediately to the east of the 7-11 entrance. Landscapinq - The site plan depicts foundation landscaping along the southern and western facades of the building, as well as trees interspersed among landscape islands in the parking lot and the abutting drive aisles. Street front shrubs and trees are also depicted along the sidewalks on Virginia Beach Boulevard and First Colonial Road. The building has been pushed approximately eighteen feet further from the eastern property line in order to protect the existing mature tree line to the maximum extent practicable, which will help screen the development from the adjacent nonconforming residences. 7-ELEVEN, INC. Agenda Itern D5 Page 2 Canopy trees are also depicted along the northern property line, and will help physically define the site from the adjacent property. Stormwater- The submitted site plan depicts BMPs in two locations. Runoff from the roof will collect in a subsurface infiltration basin immediately to the north of the building. The topographic slope of the site also requires a second BMP in order to collect and treat runoff from the parking lot. This BMP is located to the south of the entrance along First Colonial Road. This area is also subject to an existing drainage easement, which may need to be vacated during detailed site plan review in order to install the facility. Architectural Elevations - The submitted architectural elevations depict a prototype 7-11 convenience store with a mixture of building materials, colors, and textures. The south elevation shows the entrance to the convenience store, with a canopy structure over the doors and windows. The west elevation shows the entrance for the adjoining retail shell and a false entrance for the convenience store, along with matching canopies. The elevations show a structure with a varied roofline and high parapet walls, downspouts in the rear to direct stormwater, and canopies. The elevations also a mansard roof on the gas canopy, which would have minimal signage consisting of a small 7-11 logo with a white canopy fascia. The canopy would be supported by columns that match the materials used for the main building. The dumpster enclosure also incorporates the materials of the building. The sign package submitted with this application, as well as one of the elevation sheets, indicates that the building, canopy supports, dumpster enclosure, and monument sign base would be constructed of masonry. Quions are depicted on the building corners, and would be constructed of exterior insulation finishing system (EIFS). LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant parcel with grass, gravel, and deteriorated asphalt SURROUNDING LAND North: . Auto repair dealer / B-2 Community Business District USE AND ZONING: South: . Virginia Beach Boulevard • Dwelling / R-5D Residential Duplex District • Vacant lot / 0-2 Office District East: • Single-family dwelling / B-2 Community Business District • Vacant lot / B-2 Community Business District West: . Existing 7-11 convenience store / B-2 Community Business District • First Colonial Road NATURAL RESOURCE AND The site is a vacant parcel covered by grass, gravel, and loose CULTURAL FEATURES: asphalt. There do not appear to be any natural resources or cultural features on the site. The site is located in the Resource Management Area of the Chesapeake Bay Preservation Area. COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area (SGA) as identified by the 2009 Comprehensive Plan and the Hilltop SGA Master Plan, adopted August 28, 2012. The Plan calls for non- residential mixed-use in the vicinity of the subject property, with building heights up to three stories (pp. 39-40). Development Standards in the SGA Plan emphasize enhancing the streetscape through use of 7-ELEVEN, 1NC. Agenda Item D5 Page 3 wide sidewalks and small setbacks to prioritize the street experience (p. 50). As noted below in the "MTP / CIP" section of this report, there is a Capital Improvement Program (CIP) Project (CIP 2.072.000) to widen First Colonial Road from Oceana Boulevard to the I-264 interchange. This project includes new sidewalks between five and eight feet wide along the street frontage. The applicant's proposed use and planned site and building design as submitted is not consistent with the long term vision and Development Standards of the Hilltop SGA Plan. Gas stations are not a recommended use, as they consume land with automobile-oriented development instead of absorbing office and retail growth and providing a more efficient use of the land in a pedestrian-friendly format. It appears, however, that the applicanYs proposed redevelopment is occurring as a result of right-of-way expansion and road improvements for First Colonial Road. This will leave a very small parcel at the corner with limited development opportunities. A more pedestrian-friendly, urban design would incorporate this remnant parcel at the corner, bringing the building to the street, and placing the fuel pumps and canopy on the interior of the site. This would better capitalize on the City's investment in roadway improvements, wider sidewalks, and street frontage enhancements on this important corner of the Hilltop SGA. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is a four-lane minor urban arterial with a 120-foot right-of-way width, and is operating at its capacity with a Level of Service (LOS) D. First Colonial Road is a four-lane major urban arterial with 90-foot right-of-way width, and is operating at a LOS F. The intersection of First Colonial Road and Virginia Beach Boulevard is currently the third-highest congested intersection in the City of Virginia Beach. Consistent with the recommendations of the MTP, there is a current CIP project to widen First Colonial Road to six lanes from Oceana Boulevard to the I-264 interchange. The project will also provide other turn lane and traffic signalization improvements to improve safety and capacity at this intersection and through the corridor. The project is currently funded and right-of-way acquisition is underway. Construction is scheduled for 2015 to 2017. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume 22,800 ADT (Level of Existing Land Use Virginia Beach Blvd 17,100 ADT' Service "D") (subject parcel) - 0 z 27,400 ADT (Level of Service "E" Existing Land Use 27 300 ADT' (Level of (adjacent 7-11) 3- , , Service "D") 2,28$ ADT First Colonial Road 32,300 ADT ? 31,700 ADT (Level of ° Service "E") Proposed Land Use _ 2,566 ADT Average Daily Trips Z based on vacant parcel ' as defined by "Convenience MarkeY" with 3,000 square feet on adjacent parcel ° as defined b"Convenience Market with Gas Pum s" with 2,940 s uare feet lus "S ecialt Retail" with 1,800 square feet 7-ELEVEN, INC. Agenda Item D5 Page 4 WATER: This site must connect to City water. There are two existing 12-inch City water lines in Virginia Beach Boulevard, and 8-inch and 12-inch City water lines in First Colonial Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #262 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There are two existing 8-inch City gravity sanitary sewer mains in Virginia Beach Boulevard and an 8-inch gravity sanitary sewer main in First Colonial Road. EVALUATION AND RECOMMENDATION A number of issues related to the site design and building elevations have been raised by Staff since the application was submitted, leading to the deferral of this application from the September Planning Commission agenda. Some of these issues have been addressed through site plan revisions, while others remain unaddressed. The site is subject to the considerations of the Hilltop Strategic Growth Area Master Plan, which calls for non-residential mixed use development in this location. In particular, retail and office are the primary uses envisioned for the site. The development standards for retail development in the Hilltop SGA Plan call for maximum exposure to the street, reduced setbacks that bring pedestrians closer to retail buildings, and wider sidewalks to encourage pedestrian and cycling activities. The Hilltop SGA Plan also explores four possible realignments of the proposed Light Rail Transit (LRT) extension to the Oceanfront, two of which pass the intersection of First Colonial Road and Virginia Beach Boulevard. Thus, the potential for transit-oriented economic development at the site cannot be ignored. The City's CIP project for the intersection furthers many of these objectives by improving the streetscape along First Colonial Road and Virginia Beach Boulevard. When complete, this project will add a five-foot wide sidewalk along Virginia Beach Boulevard and an eight-foot wide multi-use path along First Colonial Road. Moreover, the project will include enhanced crosswalks, lighting, and landscaping in the right-of- way. The currently proposed 7-11 concept plan is not consistent with the Hilltop SGA Plan's vision for the parcel in a number of ways: A gas station is not a use envisioned for the site in the long term. In particular, the proposal does not create a memorable built setting or provide a mix of retail, restaurants, and office uses on the site. The storefront is set back over 140 feet from the curb on Virginia Beach Boulevard and over 190 feet from the proposed interim condition curb along First Colonial Road. Even when the CIP project is complete, the storefront will be set back over 150 feet from First Colonial Road. This distance does not create the pedestrian friendly street envisioned in the Hilltop SGA plan. The proposed entrance along First Colonial Road runs counter to the SGA Design Criteria for the road, which proscribes dedicated right-turn lanes. To offset the site's lack of conformance with the Hilltop SGA Plan, the applicant has revised the plan since the September hearing to show the following enhancements. The plan now shows enhanced landscaping in the form of four additional canopy trees and two additional street front trees. The plan has pulled the building about six feet closer to Virginia 7-ELEVEN, INC. Agenda Item D5 Page 5 Beach Boulevard and eighteen feet closer to First Colonial Road, reducing the setbacks from 146 to 140 and 147 to 129 respectively. These reduced setbacks will allow for tree line protection in the northeast corner of the parcel, which will help buffer the use from the adjacent residences. Due to the CIP project, the applicant has requested permission to install the required street front landscaping along Virginia Beach Boulevard after the right-of-way improvements have been completed. The pedestrian paths connecting the site to the adjacent streets are now depicted as being constructed of brick pavers to match the building. The elevations show a mansard roof has been added to the gas canopy, although a detail of the material has not been provided at this time. The number of proposed monument signs has been reduced from two to one in order to comply with the City Zoning Ordinance. Staff believes that a building with identical dimensions could fit along the 35-foot minimum setback line abutting Virginia Beach Boulevard, and that the gas canopy would be better placed behind the building in the northern section of the parcel. However, the applicanYs representative has indicated that this would harm the viability of the development. Given these considerations, and that the applicant has enhanced the landscaping on the site, staff recommends approval of this request with the following conditions. 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 plan entitled "FIRST COLONIAL ROAD, CONDITIONAL USE PERMIT CONCEPT" prepared by Blakeway Corporation and dated 10/14/2014. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the building, gas canopy, and trash enclosure shall be developed substantially in conformance with the elevations entitled "7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA" dated 10/16/2014 by INTERPLAN. 3. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the signage shall be developed substantially in conformance with the sign package entitled "7-ELEVEN #37124 (1026953) FIRST COLONIAL RD. AND VA BEACH BLVD, VIRGINIA BEACH, VA 23454" dated 10/16/2014 by HARBINGER. 4. With the exception of any modifications required by any of these conditions or as a result of development site plan review, building materials shall be developed substantially in conformance with the elevations entitled "EXTERIOR MATERIALS SCHEDULE 7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA" dated 10/16/2014 by INTERPLAN. 5. No outdoor vending machines, ice machines, and/or display of inerchandise shall be permitted. 7-ELEVEN, INC. Agenda Item D5 Page 6 6. All signage on site shall conform to the sign regulations of the City of Virginia Beach. 7. A lighting plan and/or photometric diagram plan shall be submitted during detailed site plan review. All outdoor lighting shall utilize LED fixtures, shall be uniform throughout the site, and shall be shielded to direct light and glare onto the premises. 8. A formal landscaping plan shall be required during detailed site plan review per Section 5A of the Site Plan Ordinance. 9. The applicant shall post a performance bond of an amount to be determined by the Planning Director or his designee during detailed site plan review for the street front landscaping along Virginia Beach Boulevard. This landscaping shall be planted immediately upon the completion of CIP 2.072 improvements adjacent to the southern property line. 10. The applicant shall preserve the existing tree line along the eastern property line. Th°:? pFe6cFv° +e-ex;st;^9 tre° !?^°4removed by Planning Commission at the request of applicant). NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to 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 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 site. 7-ELEVEN,INC. Agenda Item D5 Page 7 >a I, +v •.,% ;. ? - ? ? .- r ; u} e. . r . - +t 1 ., y .? ? ? t ? . ? '?- ?-??: ? AO ` ?. m AERIAL OF SITE LOCATION v Falm,i .., -,. v 1d3DN001Y7tl3d35fIlVNOl10N0? d,o,J?'enna?e18? .?.. ?. °: o ?Y aaIviNOIoO isaid ? ^ ty L 6 I _'" p k E?y ;gn y? 4 g j _ ?6 54?3 f Fe ??? ??y t?g 3 ?{ ? z ?133 2f' 3e t ? ? ? i f,.. ;. ~ ? a ? ? I ¢W -? m s?. 2 rg 3 S. Y 4"ir sa?? 4 s ! i PROPOSED SITE PLAN 7-ELEVEN, INC. Agenda Item D5 Page 9 ?.?«- I ? m a F ? b= fkow z i? Q z ? W ?- i? a a ??a 0!a°u ??? $ ' j Xo • ? ? 6 ? e ? co ? ? ? Q ? ? ? 4 $ 3 ? S ? ? I ?L ` ° s o ! ? 9 6 z r a u? ? . s ? V' C} ? ?i ? '. ARCHITECTURAL ELEVATIONS (Front - South and West) , , , 7-ELEVEN, INC. ,' Agenda Item D5 Page 10 J ! ! 3 '? :f Z oP J? LL?? W r . r I ? Z g O v N ? ? J Q I?mZ . V ? Q ? m 7 ' < 2 - a ? i g I ''', z 0 ? C > Z 0 H Q > W H G ?u II ARCHITECTURAL ELEVATIONS I (Rear - North and East) I ; !I 7-ELEVEN, INC. I, ! Agenda Item D5 Page 11 II ? ti y ti ? Zo -? a=? 1WEE--T 1 -? o W W ? Z ? y n.. ? ? O --? Z I ¢ --` U -t Q I ? ? Z O Q > w w w ? ? > d O z a ? a Ar W ? x3 E $# J z g u ? _ . r ? m 1 Q ' = ^ m Z - V ?7 W a - m 1 '. ? 2 a lt `W W? ARCHITECTURAL ELEVATIONS (Fueling Area with Canopy) 7-ELEVEN, INC. Agenda Item D5 Page 12 Z 0 a w J W W 2 N 0 W r z 0 ¢ LL Z i Q a > W W ? 0 W O ? 711 Z `so j W ON a 1 ? C ? a m g a OD 'X i O? f i v I ? 3= O 'W^ ? 2 O 0 3 O u? a ? oa oi ?o <o vi m= x z ? ? F k3 #s s.; J Q Z ? ? V v~i > , x = - LL" - r ? J Q ? ^ m Z . V ? W ? - m ? • Z ? R - ? F: PROPOSED MATERIALS SCHEDULE 7-ELEVEN, INC. Agenda Item D5 Page 13 ? I ? i g? CX S i? LL ? $ !? ?? 2z ? : ?•4 l 0 f P, ? ? m : d p - ' - ?oo ? c ? 1 b g p ?? ?Y ? ?3sY I"s ` + n - x n : W I s ? rc? 2. m a« E ? : # : F ? SW 4 > i? ? M Lyp S • , ? .?p?? ??z.s,, *' a ? ? F' ? i? nr g ? • - ' s4?° i ? ? :,.Fzqf1{, F ? ._..... '? .•t ? 3 R ? ? €^ f ?8 SS ? w "? 6 'E g a ;.3y } g 5"i 3 ? L ? PROPOSED BUILDING SIGNAGE 7-ELEVEN, INC. ?' 1 Agenda Item D5 Page 14 II? A c,L?LL. i rc: ? ? ? ? ?e ? , o?aY F?:x Sr n ? z? <x E d ? t € a ? s e s ? ? 3 ts£ t f . ? ??•?f?? ? ?,?EF S ! .. ? ? ? [ xg &i tr ?j A ? ? ? C ? -e;? t$? PROPOSED STOREFRONT SIGNAGE 7-ELEVEN, INC. Agenda Item D5 Page 15 W?? ? ?y .. ! xt ?6 _ < •, , - --? i?¦ iil' - # $ 3Y 34 ` ?€ . ?• -- : i 7 lz ? LJ ? p g ??? - yr _c_z .. ? ? •. g$? .. i ? a Z ?;?8 ? 6 YSre ?n?e ? Fe a? ? ? W a 3 # $ ? >> ? 7 . ":!dt n ? # ° Y 9 ? •u 'a g E gz ? '_- 3 '? w ?N= ?g g w o °$S a t ? ? m n ?oe ? 1 ? ff 5 ? ? a° • ? ? - `?w o E c ! 'S PROPOSED MONUMENT SIGN ;- 7-ELEVEN, INC. {.` Agenda Item D5 Page 16 ZONING HISTORY # DATE REQUEST ACTION 1 03/24/2009 Subdivision Variance A roved 2 11/14/2006 Conditional Use Permit- Bulk Stora e Yard Approved 3 12/14/2004 Conditional Use Permit - Convenience Store with Fuel Sales Ap roved 4 09/14/2004 Conditional Use Permit - Bulk Stora e Yard Approved 5 08/24/2004 Conditional Use Permit - Motor Vehicle Sales Ap roved 6 05/28/2002 04/11/1995 Modification of a Conditional Use Permit - Communication Tower Conditional Use Permit - Communication Tower Approved A roved 7 03/12/2002 06/13/2000 12/07/1999 02/14/1995 08/08/1983 Conditional Use Permit - Automobile Service Station Conditional Use Permit - Auto Repairs and Truck Rentals Conditional Use Permit - Auto Sales, Repairs and Truck Rentals Conditional Use Permit - Auto Repair and Tire Sales Conditional Use Permit - Auto Re air and Tire Sales Withdrawn Approved Denied Approved A roved 8 11/13/2001 Conditional Use Permit - Tattoo Parlor Denied 9 05/12/1998 Conditional Use Permit - Mini-Warehouses A roved I? i ?I I ± 7-ELEVEN, INC. Agenda Item D5 I ? Page 17 ; I ? ? . ? ? s ? ? ; ?. ? .14 PHOTOGRAPH OF SITE i l 1 1 7-ELEVEN, INC. Agenda Item D5 Page 18 ? PHOTOGRAPH OF SITE ? ? 7-ELEVEN, INC. Agenda Item D5 I ? Page19 _'?" ? .f• r' ? 1'.'7L .J : ? ?• ? f? ? R s ,,?_ ? ? 3?:•i a• _ • ' 1' ? p d -? _?,? ? ' . 41 _! t ??; .i? ? ? ?'i°? •} J,i "? , ? : . ..•?.,?ii`y? .. .. . , '? . ? ? q ?• ? ? . i. r PHOTOGRAPH OF SITE 7-ELEVEN, INC. Agenda Item D5 Page 20 ? .? PHOTOGRAPH OF SITE 7-ELEVEN, INC. ? Agenda Item D5 Page 21 ? ?I ? 4 APPLICANT DISCLOSURE If the appticant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foliowing: 1. List the appticant narne followed by the names of all offlcers, members, trustees, partners, etc. below: (Atfach list ii necessary) 7-11, Inc. (see attachment for list of officers) 2. List ali businesses tha# have a parent-subsidiary' or affi1iated business entity2 relationship with the applican#: (Aftach lisf if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPER7'lt OWNER t3lSCLOSURE Complete this sectron only if property ownsr is different firom applicant. tf the property owner is a corporafion, partnership, firm, business, or other unincarporated organization, complete the following: 1. list the property owner name foflowed by the names of aU officers, members, trustees, partners, e#c. below: (Aftach Iistifnecessary) Hog-Post, LLC (Daniel Poston, Sole Member) 2. List all businesses that have a parent-subsidiary' or affitiated business enfi#y2 relationship with the applicant: (Attach list if necessary) F? Check here if the property owner is 11tOT a corporafion, partnership, firm, business, or other unincorparated organizatinn. & See next page far footnates ? ? ! 1 ? ? ? ? ? ? E 0 go F / ? ? ? Does an official or em.loyee ofte City of Virginia Beach have an interest in the M subject land? Yes ? No , ? ? If yes, wha# is the name of the official or employee and the nature of their interest? ? J DISCLOSURE STATEMENT 7-ELEVEN, 1NC. Agenda Item D5 Page 22 ? t ? { ? ? ? ADDITIONAL OlSCLOSURES List a!I known contrac#ors of businesses that have or will provide services with respect to the requested properry use, including but not limited to the providers of architecturai services, real es#ate services, financial services, accoun#ing services, and legal services: (Attach list if necessary) Harbinger Signs (signage) '"Parerit-subsidiary relationship' means °a relati+onstiip that ebsts when one corporation direcNy or indirectly owns shares passessing more than 50 percent of the voting power of anotiler corporadon " See State and Local Govemment Conflict of Interests Act, Va. Code § 22-3101. 2 "Afriliated business entity relationship° means "a r+als6onship, other than parent subsidiary rsfationship, that exists when Q) one business entity has a controlling ownership interest in ftae other business entity, (ii) a cantrolkng owner in one ertihr is aIso a controlling owner in the other entity, or (iii) there is sharred management or oantrol between the business entities. Factors that should be considered in determining the existence of an aifi(iated busir?ess entity relationship incalude fhat the same persan or substantially the same person own or mana,ge the two entities; there are common or comming{ed funds or as$ets; the business entities share the use of the same offioes or employees or otherwise share activities, resources ar personnel an a regular basis; or there is otherwise a close working relationship between the eritities." See State and LoGaE Govemment Coriflict of interests Act, Va. Cade § 2.2-3109. CERTIFICATION: I certiry that the informatiar? corstained herein is true and accurate. 1 understand that, upon receipt of notificadon (pos#card) that the application has been scheduled for publlc hear#ng, I am respansible for obtaining and posting the reqUired sign on the subjeat property at least 30 days priar to tt?e acheduled puWic hearing a+crording to the instrucbons in this package. 'fhe undersigned al$o consents to entry upon the subject property by emplayees of the Department of Planning to photograph and view the sibe for purposes of processing and evaluaUng this apptication. '?-Elew•?Tr+? , K ?f4+?E'n ? ?o1?t d?1 ? Appli nYs ignature Print Neme P Owners Signature (if different than applicant) rfnt ame Cond"Nional Use PemuE Appticadon Page 10 0l tp ReVised 111112013 DISCLOSURE STATEMENT 7-ELEVEN,INC. Agenda Item D5 Page 23 7-11 Executive Officers Joseph M. DePinto President and CEO Darren Rebelez Executive Vice President and COO Stanley Reynolds Executive Vice President and CFO Jesus H. Delgado-Jenkins Executive Vice President, Merchandising, Marketing, Logistics, and Innovation Executive Vice President and Head of Chris Tanco I nternational Shizuma Noda Executive Vice President and Advisor Rankin Gasaway Senior Vice President, General Counsel and Secretary Scott Hintz Senior Vice President, Human Resources DISCLOSURE STATEMENT 7-ELEVEN,INC. Agenda Item D5 Page 24 Item #D5 7-Eleven Conditional Use Permit 1658 Virginia Beach Boulevard District 6 Beach November 12, 2014 CONSENT An application of 7-Eleven for a Conditional Use Permit (Convenience Store with Fuel Sales) on property located at 1658 Virginia Beach Boulevard, District 6, Beach. GPIN: 24078559050000. 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 plan entitled "FIRST COLONIAL ROAD, CONDITIONAL USE PERMIT CONCEPT" prepared by Blakeway Corporation and dated 10/14/2014. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the building, gas canopy, and trash enclosure shall be developed substantially in conformance with the elevations entitled "7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA" dated 10/16/2014 by INTERPLAN. 3. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the signage shall be developed substantially in conformance with the sign package entitled "7-ELEVEN #37124 (1026953) FIRST COLONIAL RD. AND VA BEACH BLVD, VIRGINIA BEACH, VA 23454" dated 10/16/2014 by HARBINGER. 4. With the exception of any modifications required by any of these conditions or as a result of development site plan review, building materials shall be developed substantially in conformance with the elevations entitled "EXTERIOR MATERIALS SCHEDULE 7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA" dated 10/16/2014 by INTERPLAN. 5. No outdoor vending machines, ice machines, and/or display of inerchandise shall be permitted. 6. All signage on site shall conform to the sign regulations of the City of Virginia Beach. 7. A lighting plan and/or photometric diagram plan shall be submitted during detailed site plan review. All outdoor lighting shall utilize LED fixtures, shall be uniform throughout the site, and shall be shielded to direct light and glare onto the premises. 8. A formal landscaping plan shall be required during detailed site plan review per Section 5A of the Site Plan Ordinance. Item #D5 7-Eleven Page 2 9. The applicant shall post a performance bond of an amount to be determined by the Planning Director or his designee during detailed site plan review for the street front landscaping along Virginia Beach Boulevard. This landscaping shall be planted immediately upon the completion of CIP 2.072 improvements adjacent to the southern property line. 10. The applicant shall preserve the existing tree line along the eastern property line. A motion was made by Commissioner Hodgson and was seconded by Commissioner Horsley to approve item D5. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item D5 by consent. Steven Romine appeared before the Commission on behalf of the applicant. ? C? .? ? ? ? O VI ?I W J .? ? ? ? d ? W ? 40. j V ? 0 ? .. 0 ? P a m u eo y4 ? O d r. ? ? ? 0 r ? ? U ? 01 ? .? N rS?'`N••V'?Cyl f04 . • ,... . ? ) ?;1 ?.i CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: MIKE O'CONNOR for TOWERCO (Applicant) / WILDWOOD PARK, LLC (Owner), Conditional Use Permit (Communications Tower), 925 S. Military Highway (GPIN 1456048084). COUNCIL DISTRICT - KEMPSVILLE. MEETING DATE: December 9, 2014 ¦ Background: The applicant requests a Conditional Use Permit for a 100-foot high wireless communication tower. The site is zoned B-2 Community Business District and is used as the headquarters for a site development and construction firm. The applicant has stated that the primary user of the proposed tower will be Verizon Wireless, who has a need for a new tower within the vicinity due to a wireless network coverage gap. The applicant has submitted coverage maps (pages 9 and 10 of the attached staff report) depicting this deficiency. ¦ Considerations: The proposed tower and its associated equipment compound would be located behind an office annex located on the north side of the property. This portion of the property is currently used to store construction equipment and park vehicles. The submitted site plan shows a 60' x 60' fenced compound area that will house the tower and associated ground equipment. The applicant has submitted all of the information required by Section 232 of the Zoning Ordinance, which provides the regulations for communication towers, and the tower meets the standards of that section. Further details pertaining to the proposed tower, as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. ¦ Recommendations: The Planning Commission, by a recorded vote of 11-0, recommends 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 "Queen City/ EV Williams Property" prepared by TowerCo and NB+C Engineering Services, LLC and dated 8/27/2014. This MIKE O'CONNOR / TOWERCO Page 2 of 2 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. 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. 5. The tower shall be painted a color that will minimize visibility, unless otherwise required by FAA, FCC or other applicable laws and regulations. 6. The maximum height of the tower shall be 100 feet with a 4-foot lightning rod. 7. 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. ¦ 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 . S ?- . KEMPSVILLE N I a? +-9•?? MIKC V1,0I11101' IOWCC C,O. R' 1JlroSCek RIO , ? . 82 Ra0 ' . R10" ' -- s2 ?. . 'R1 rs?? 62 A. ., k , `82 Z • i A24'?`'; i i A92 a2 .. , • t A18 62 ^^'^g -'" c^^a*«°vw?. oo.^ $„° °?"^^ CUP /or Communication Towet REQUEST: Conditional Use Permit (Communication Tower) ADDRESS / DESCRIPTION: 925 S. Military Highway 8 November 12, 2014 Public Hearing APPLICANT: MIKE O'CONNOR TOWER CO. PROPERTY OWNER: WILDWOOD PARK, LLC STAFF PLANNER: Graham Owen GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14560480840000 KEMPSVILLE 9.25 acres Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL Backqround and Details The applicant requests a Conditional Use Permit for a 100-foot wireless communication tower. The applicant has stated that the anchor tenant proposed for this tower, Verizon Wireless, has a need for a new tower within the vicinity due to a wireless network coverage gap. The applicant has submitted coverage maps (pages 9 and 10) depicting this deficiency. The proposed site is currently used as the headquarters for a site development and construction firm, and the tower and associated compound would be located behind an office annex in the north of the property. This portion of the property is currently used to store construction equipment and park vehicles. The submitted site plan shows a 60'x60' fenced compound area that will house the tower and associated ground equipment. The anchor tenant, Verizon Wireless, would lease a 12'x30' space within this compound for a backup generator and equipment shelter, which would be connected to the tower via an ice bridge. The proposed tower is a 100-foot monopole tower with a 4-foot lightning rod. The anchor tenant would mount twelve antennas on a platform at the 100-foot level, while future co-locators would use platforms at the 90-foot and 80-foot levels. The fenced compound is large enough to accommodate three additional MIKE O'CONNOR TOWER CO. Agenda Item 8 Page 1 10'x20' lease areas for other carriers. A landscaping plan was submitted with the application, and depicts 5-foot high shrubs along the outside perimeter of the compound, as well as seven deodar cedar trees. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Offices, outdoor equipment storage, and vehicle parking / B-2 Community Business District SURROUNDING LAND North: . Automobile repair center / B-2 Community Business USE AND ZONING: District • Single-family residences / R-10 Residential District South: . Plant nursery / B-2 Community Business District East: • Commercial Retail / B-2 Community Business District • Apartments / A12 and A24 Apartment Districts • Military Highway West: . Single Family Residences / R-5D Residential District NATURAL RESOURCE AND The site is located in the Resource Management Area of the CULTURAL FEATURES: Chesapeake Bay Preservation Area. The western portion of the property is impacted by the Chesapeake Bay Resource Protection Area buffer, as well as a Special Flood Hazard Area. The proposed development is located outside of either of these areas. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located 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. To the west is a low to medium density residential area and to the east are light industrial uses including auto and truck sales, rentals and repairs, outdoor storage, and warehousing. The land along 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. (p. 3-26) In addition, the Comprehensive Plan seeks to ensure that the City's "information and communication infrastructure is tightly connected with the world and is of the highest efficiency and quality." (p. 1-7) IMPACT ON CITY SERVICES There are no impacts to City services as a result of this proposal. MIKE O'CONNOR TOWER CO. Agenda Item 8 Page 2 EVALUATION AND RECOMMENDATION This request for a Conditional Use Permit for a 100-foot high communication tower is acceptable. The site currently has the appearance and character of a light industrial use, and the proposed fence compound would be located behind an office annex and set back over 170 feet from Military Highway. The tower would be set back 60 feet from the nearest property line, and 433 feet from the nearest residential dwelling. This exceeds the required minimum setback of 25 feet in the B-2 Community Business District, as well as the minimum setback of 125 feet (125 percent of the tower height) from the nearest residential or apartment structure. The proposed landscaping would improve the eye-level view of the site from Military Highway, while the proposed height of the tower would be kept to the minimum required for site viability. The applicant conducted a balloon test to simulate the appearance of the tower from a number angles, and these photo simulations are included in this report. 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 0.41 percent of the maximum permitted exposure level 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. A full structural report will be required during detailed site plan review. The applicant sent out 207 postcards to residences within a'/ mile radius of the proposed tower location, inviting them to attend a community meeting at the Kempsville Library on October 28th, 2014. The applicant indicates that no members of the public attended the meeting. Based on Staff's evaluation, particularly with regard to compliance with the standards for communication towers as provided by Section 232 of the Zoning Ordinance, approval of this request with the conditions below is recommended. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Queen City/ EV Williams Property" prepared by TowerCo and NB+C Engineering Services, LLC and dated 8/27/2014. 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. MIKE O'CONNOR TOWER'CO. Agenda Item 8 Page 3 4. 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. 5. The tower shall be painted a color that will minimize visibility, unless otherwise required by FAA, FCC or other applicable laws and regulations. 6. The maximum height of the tower shall be 100 feet with a 4-foot lightning rod. 7. 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 plan 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 Planning / Development Services Center and Department of P/anning / 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 pertain to this site. MIKE O'CONNOR TOWER CO. Agenda Item 8 Page 4 ? .? ? . d?! AERIAL OF SITE LOCATION ? . ?? ?? " ... • ?? ya F: ? # a ? -h- t w`Q \ ,-t • ? ? ? , E .??. ? '. . V , ?? . . .? . €j;?p`Y n - •. c . ? . MIKE O'CONN t TOWER CO. Agenda Item 8 Page 5 - r ) y , A s¢j? O ? ? ?A ? 5 ??? ? ? •? ??d ??ry %'? ¢?? ? ¢?? < A?e ti?fr i N `u a v? ???g b?oSR- flx> s? s o? a? .• ?? sW lU Y ?Ir 8 r. a,? - . $ $' ? ? !it ? I 1 ? C 1 1 7 ? -? - \ ?? \ -?? ? 1 ~ +7w \.'_/? . \ Y 1? 1\ . . . ? . . . _ .. . . . . _ \ ? ? PROPOSED SITE PLAN MIKE O'CONNOR TOWER CO. Agenda Item 8 Page 6 a ? ? g ? r? # GY ?b4??p Y / i / / I i , ? / , - / . ' / i ? kt? . a? ? i / ? •y`r' • / 2 D ?r a '? , w? g; a O? i O?z u UI> , ELEVATION DRAWING OF PROPOSED TOWER PROPOSED PLAN FOR EQUIPMENT AREA MIKE O'CONNOR TOWER CO. Agenda Item 8 Page 7 ;, i e e e e $ i ?gb ?8 ?R S dLvivmu niO I vrcT # DATE REQUEST ACTION 1 03/24/2009 Change of Zoning - Conditional A-24 Apartment District to B-2 Approved Community Business District 03/24/2009 Modification of Conditional Change of Zonin Ap roved 2 10/09/2007 Conditional Change of Zoning - B-2 Community Business District to Approval Conditional A-24 A artment District 3 02/27/2007 Change of Zoning - B-2 Community Business District to A-12 Approval 02/27/2007 Apartment District Conditional Use Permit - Single Room Occupancy (SRO) Facility Approval 06/13/2000 Conditional Use Permit - Indoor Recreation Facilit Approved 4 11/14/2006 Conditional Use Permit - Motor Vehicle Sales A proved 5 01/23/2001 Conditional Use Permit - Reli ious Use - Church Addition A proved 6 11/26/1996 Conditional Use Permit - Automobile Auctions Approved T ?_IN i ; CO. em 8 )qe 8 MIKE O'CONNOR TOWE Aqenda t ? "S//d? a • ? ? d. w a to N C p O ? ?t ? o `e O c @ v J ?: . . . ? Lf ?? . . : . ? _ V4, ? ? ??y .. . _ ? . . . ... . _ ? . .. . . '6 ' . .. 46 ti0 i a?iz, ? ? a ' 0 - a 9 N O ? l yT [: ? F ? Y. W ? K ? m 0 c ? i ? a ? 0 Q ? Ce; U (: ??d R? F on'?ar? AY e pa {tiJ GG a7 ? N Q ? ? V W 7 O n` N ? Q) V C d 'CS v ,- PHOTO SIMULATIONS LOCATION MAP MIKE O'CON TOWER CO. genda Item 8 Page 9 PHOTO SIMULATION - S MILITARY HWY MIKE O'CONNOR TOWER CO. Agenda Item 8 Page 10 v',?r *' a ? • ?? r , j„ .'; M, I.ry 11 ? •K1 ? ? ; O LWU v J o ? ? PHOTO SIMULATION - TOWANDA RD Page 11 PHOTO SIMULATION ? ? s?-??s-h.-+r,..,. .. ? ?t MIKE O'CONNOR TOWER CO. , Agenda Item 8 '?Page 12 Ii PHOTO SIMULATION I' MIKE O'CONNOR TOWER CO. I? Agenda Item 8 Page 13 1?? ? O _ N ti co O / L ? ? a. 0 z , ' Y U C ? 'X W COVERAGE MAP - EXISTING CONDITIONS WITHOUT TOWER MIKE O'CON ? TOWER CO. genda Item 8 Page 14 ' J ? Q - O O T" LVJ L ? ? ? Q ? ? ? ? ? ? L (D 0 V ? ? N 0 CL O L Q. COVERAGE MAP - WITH TOWER MIKE ?,t?C11r11A 8:?? r ?+?* TOWER CO. genda Item 8 Page 15 <- Af'PLICANT DISCLOSURE the qpplicant is a corporation, partnership, flrm, business, or other unincorporated 'organization, complete the following: _1. _List the applicant name foilowed by the names of all officers, members, trustees, .• paRriners, etc. below: (Atfach Ilst if necessary) JowerCo 2013 LLC, a Delaware flmited liabfli(y corporatlon. Richard Byrna, CEO, Scol Lbyd, COO, Dan Hunt CFO Todcl •Boyer, EVP Sales, Mike O'Connor, Director of Development ?.: List-all businesses that have a parent-subsidiary' or affiliated business entity2 `relationship with the applicant: (Aftach list if necessary) -.TowerCo 2013 Haldings LLC; TCO 2013 LLC, TowarCo Marketing LLC; TowerCo Flnance 2073 LLG TowerCo StaKng Inc .TowerCo 2013 PR LLC, TowerCo 2013 USVI LLC Check here if the applicant is NOT a corporation, partnership, firm; business, or ' other unincorporated organization. - PROPER7Y OWNER DISCLOSURE Complefe this section only if properfy owner is dlfferent 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) Wildwood Park LLC, aVirginia lim(ted liabflity company, ,?; I 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: {Attach lisf if necessary? ,/.. J6 7W E wi Id ? P?2k, c.t.? rs ? wh? I t., own .s uAs;cUu,f:, E] Check here if the property owner is NOT a corporation, partnejship, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City ofi Virginia Beach have an interest in the subject land? Yes , No El If yes, what is fhe name of the official o?• employee and the nature of their inferest? ? ? ? ? a C ? b ? ? ? IE IM ? ? ? ? ? ? r? ? r ! ? ? Nftm INMI IEM ?s ? ? ? DISCLOSURE STATEMENT MIKE O'CONNOR TOWER CO. Agenda Item 8 Page 16 ? m agit 9 ? ? ? ? 14 ? ? ? ? ? --? ADDITIONAL DISCL.OSUI2E5 . _ _? . List ail known contractors or businesses thaf have or will provideserviees with•respect to the raquested property use, including but not limited to the providers of architectural services, real estate servlces, financiai services, accounting ser.vi?es; and legal• services: (Attach list if necessary) ' Verizon Wfrelesa: NBdC; '"Parent-subsidiary relationship" means "a relationship that exists when•one corporafion directly or indfrectly owns shares possessing more than 50 percent of fhe voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" ineans "a relationship, other than parent- subsidiary relationship, that exfsts when (i) one business entity has a controlling ownership interest in the ofher business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (lii) there is shared management or control between the business entlties. Factors that should be aonsidered in determining the existence of an affiliated buslness 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 ciose worktng relationship between the entit(es." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information conta(ned hereln is true and accurate. ( understand that, upon recelpt of noUfication (postcard) that the application has been sGheduled for public hearing, I am responsible for obtain(ng and posting the required sign on ihe subject property at least 30 days prior to the scheduled public hearing according to the lnstructions in this package. The undersigned also consents to entry upon the subJect property by employees of the Departrnent of Planning to photograph and view the site for purposes of processing and evaluating lhis applicatlon. ApplicanYs ign e Print Name . I Ar,., G?.13 ro erty O er's Signature (iFdifferent than appiicant) Print Name KanAcyic.. CondfUonai Use PermU Appgcation Page 10 of 10 °-•:--. .....,..._ DISCLOSURE STATEMENT MIKE O'CONNOR TOWER CO. Agenda Item 8 Page 17 Item #8 Mike O'Connor Tower Company Conditional Use Permit 925 South Military Highway District 2 Kempsville November 12, 2014 REGULAR An application of Mike 0'Connor Tower Company for a Conditional Use Permit (Communication Tower) on property located at 925 S. Military Highway, District 2, Kempsville. GPIN: 14560480840000. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Queen City/ EV Williams Property" prepared by Tower Co and NB+C Engineering Services, LLC and dated 8/27/2014. 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. 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. 5. The tower shall be painted a color that will minimize visibility, unless otherwise required by FAA, FCC or other applicable laws and regulations. 6. The maximum height of the tower shall be 100 feet with a 4-foot lightning rod. 7. 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. A motion was made by Commissioner Ripley and seconded by Commissioner Weiner to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE Item #8 Mike O'Connor Tower Company Page 2 REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 8. Sean Hughes appeared before the Commission on behalf of the applicant. David Beniamino, Valery Pyram, appeared in support. Morris R. Kiuble appeared in opposition. i W ? ? Q ? i ? i ? ? i t? a ? ? ? 0 ? a ? e 4 d ? ? a ? ? d oa ? ? Q ? ?C 0 ? ? C a ? ? .? M?1? 1 u eF,? i r- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JERAMY BIGGIE (Applicant) / CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPT. INC. (Owner), Conditional Use Permit (Craft Brewery), 2444 Pleasure House Road (GPIN 1570501776). COUNCIL DISTRICT - BAYSIDE. MEETING DATE: December 9, 2014 ¦ Background: The applicant requests a Conditional Use Permit to operate a Craft Brewery from the vacant Chesapeake Beach Volunteer Fire and Rescue Station on Pleasure House Road. On October 7, 2014, the City Council approved an amendment to the Zoning Ordinance allowing Craft Breweries as a use are now allowed as conditional uses in the B-2 and I-1 Zoning Districts, and this is the first submitted application for this use category. The site is zoned B-2 Community Business, and any use listed as `permitted' in the Zoning Ordinance and that can meet all applicable parking and dimensional requirements is allowed. ¦ Considerations: The applicant proposes to use the majority of the existing structure as a brewing and production space as well as an adjoining `tasting room.' The production space in the northern half of the building will house fermentation tanks, `lautering tuns' (vessels) for separating the liquid wort from the grain, as well as a bottling area. Shipping and receiving for the production area will occur through the existing fire station doors. Beverages will be available for on-site consumption in the 1,780 square foot tasting room, which will only serve beers produced by the applicant. The brewery will also have a small game room, which will also function as an area for private parties. The only proposed addition to the existing structure will be a 440 square foot cooler at the rear of the building. Further details pertaining to the proposal, including the modifications to the site to accommodate parking and vehicle circulation, as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. JERAMY BIGGIE Page 2 of 2 ¦ Recommendations: The Planning Commission, by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: 1. The site shall be developed in substantial conformance with the submitted plan entitled "Site Plan Commonwealth Brewing Upfit, 2444 Pleasure House Rd, Virginia Beach, VA" dated 11/04/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The building elevations shall be developed in substantial conformance with the submitted elevations entitled "Rendered Building Elevations Commonwealth Brewing Upfit, 2444 Pleasure House Rd, Virginia Beach, VA" dated 08/29/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Only one delivery truck shall be allowed on the site each week. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 4. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 5. Parking space #11 shall be used for motorcycle parking only. 6. All signage on site shall conform to the sign regulations of the City of Virginia Beach. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenUAgency: Planning Department City Manager. rAM`J ??IDE ?+• ?-z ?o Jeram Bi 'e ? ' ? ` ;8 ? Q -.`?4V ? • ? ?r?y r ? ' ? ? ? G r r S? a . . ? lw'- , ? ? , _ -??i ' ? `? ? ? $ I i'"R r ? AM WP Cnlt Bmwery a - sea. aw. a.,ar REQUEST: Conditional Use Permit Craft Brewery ADDRESS / DESCRIPTION: 2444 Pleasure House Road November 12, 2014 Public Hearing APPLICANT: JERAMY BIGGIE PROPERTY OWNER: CITY OF VIRGINIA BEACH CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE STAFF PLANNER: Graham Owen GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 15705017760000 BAYSIDE 0.79 acres Less than 65 dB DNL 15705027730000 BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant requests a conditional use permit to operate a craft brewery from the vacant Chesapeake Beach Volunteer Fire and Rescue center on Pleasure House Road. Craft Breweries were approved by City Council on October 7, 2014 as a conditional use in the B-2 and I-1 Zoning Districts, and this is the first submitted application for this use category. The applicant would use the existing building, while increasing transparency on the east faCade and renovating the interior to accommodate a production area and tasting room. Craft breweries are defined in the City Zoning Ordinance as the following: A facility, other than a farm brewery, that produces and distributes beer or other fermented malt beverages in quanfifies not exceeding fifteen thousand barrels (15,000 BBL) per year and at which beer, JERAMY BIGGIE Agenda Item 20 Page 1 ale or other fermented beverages are served to customers for on-premises consumption and at which meals are not served. In the City Zoning Ordinance, Craft Breweries are distinguished from Beverage Manufacturing Shops by the allowance of on-premises consumption, as well as the restriction on annual production volume. The chart below demonstrates the variety of related establishments permitted by-right and conditionally in the City. Use Categories for the Production and Consumption of Alcoholic Beverages Craft Brewery Beveraqe Eatinq and Bar or Farm Winery Manufacturinq Drinkin niahtclub Shop Establishment/ Restaurant Zonin B-2, I-1 with B-2... B-4C, I-1, B-1... B-3, I-1, I- B-2... 641K, I-1, AG-1 and AG- CUP I-2, CBC by- 2, CBC, OR I-2, CBC, OR 2 by-right right (mixed-use and (mixed-use and commercial commercial building types) building types) by-right, OR with CUP (row house and detached house building types) with CUP Lot Size Per zoning 3,000 SF inax Per zoning Per zoning 2 acre Restrictions district in B-2...64C district district minimum Production 15,000 barrels No restrictions Wine N/A None restrictions per year of manufactured fermented malt on site cannot beverage exceed 18% alcohol by volume On-site Allowed Not allowed Allowed Allowed Allowed alcohol consum tion Production Allowed Allowed Allowed Not allowed Allowed in for off-site accordance consumption with Code of Vir inia 4.1 Food Not allowed Food can be Food must be Food must be No commercial served if used served to served kitchen in conjunction qualify as the allowed with eating and use drinking establishment The applicant would use the existing structure as a brewing and production space with an adjoining tasting room. The production area in the northern half of the building would house fermentation tanks, lautering tuns (vessels) for separating the liquid wort from the grain, as well as a bottling area. The production area would also handle shipping and receiving through the existing fire station doors. Beverages would be available for on-site consumption in the 1,780 square foot tasting room, which would JERAMY BIGGIE Agenda Item 20 Page 2 only serve beers produced by Commonwealth Brewing Co. The brewery would also have a small game room, which would also function as an area for private parties. The only addition to the existing structure would be a 440 square foot cooler addition in the rear of the building. The brewery would operate on the following schedule: Monday - Friday: 3pm -12am Saturday: 12pm - 12am Sunday: 12pm - 8pm Per the requirements of the Craft Brewery ordinance, amplified music is only permitted indoors and only until midnight. Details Site Desiqn - The site is located at the southeast corner of Pleasure House Road and Lake Drive. Northampton Boulevard is located immediately behind the site, although the road is a raised, limited access arterial along this section and cannot be accessed from the site. There is also no access to Northampton Boulevard from Lake Drive, which dead ends at Northampton Boulevard. The fire station is setback 32 feet from Pleasure House Road, 36 feet from Lake Drive, and 28 feet from the southern property line, which abuts a nonconforming residence. The building contains a varied roofline that divides the faCade roughly in half. The northern half contains fire engine maintenance bays, which would function as the brewery production space and tasting room. The southern half currently contains the vacant office space for the fire station. The site plan also shows curb and gutter improvements along Pleasure House Road, as well as a five foot sidewalk. Access and Circulation - Vehicles would access the site from Lake Drive, as well as a proposed cub cut along Pleasure House Road. Vehicles would park behind the building in the rear of the site, as well as on the north side of the building. The submitted plan depicts 31 parking spaces on the site, which exceeds the required 25 spaces. The site plan show a two-way, twenty-two foot drive aisle in the rear, as well as a one-way, thirteen and one-half foot drive aisle to bring vehicles into the site directly from Pleasure House Road. A three-foot wide row of planters would separate the angled parking spaces along the northern property line from Lake Drive. There is no curb currently separating the site from Lake Drive which, due to its width and termination at Northampton Boulevard, currently has the character and function of an unstriped parking lot. The applicant has offered to place three parallel parking spaces in the right of way to further define the property from the street. An existing gravel drive along the southern property line would be closed off, and this side yard would be re-seeded with grass. Sipnaqe - The rendered building elevations (A2.1) depict limited building signage above the shop entrance along Pleasure House Road. The sign would display "Commonwealth Brewing Company" in 10- inch block letters painted black on the building. No other signage is proposed for the development at this time. Architectural Elevations - The Chesapeake Beach Fire Station is a one-story, 9,804 square foot building constructed of concrete masonry unit. The applicant would retain the building, and add large windows along the front faCade to provide increased transparency and day-light the tasting room. The bay doors in the rear would be removed, and a 440 square foot cooler room would be added to the existing structure. Landscapinq - The conceptual plan depicts foundation landscaping along the northern faCade of the building facing Lake Drive, as well as several trees in the parking area. The applicant has proposed a six-foot wood privacy fence along the southern property line to screen the site from the adjacent nonconforming residences, and would retain an existing hedge along a portion of this property line. Also, JERAMY BIGGIE Agenda Iter'l 20 Page 3 an existing fifteen foot-tall hedge screens the site from Northampton Boulevard, and would be retained with this development. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant fire station and rescue squad center SURROUNDING LAND North: . Offices / B-2 Community Business District USE AND ZONING: • Lake Drive South: . Nonconforming Single Family Homes / B-2 Community Business District East: . Northampton Blvd (no access to the site) West: . Single Family Condominiums / Planned Development PDH-2 District • Pleasure House Road NATURAL RESOURCE AND The site is located in the Resource Management Area of the CULTURAL FEATURES: Chesapeake Bay Preservation Area. There does not appear to be any cultural features on the site. 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. Ensure that all new development and redeveloped proposals/projects preserve the quality of our natural environment by adhering to established environmental planning principles. This includes minimizing impervious cover of such features as buildings, roads and parking areas. (pp. 3-1 to 3-3) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Pleasure House Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four-lane facility within an 80 foot right-of- way. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. JERAMY BIG.GIE Agenda Ite?, 20 P?ge 4 There is a roadway Capital Improvement Program project slated for this area. Pleasure House Road Street Improvements - Phase II (CIP 2-057.000) will provide street and safety improvements along Pleasure House Road, including new curb and gutter, drainage, bike accommodations, and a 5 foot sidewalk, from Shore Drive to Lookout Road. The street improvements include full roadway reconstruction with pavement widening. Construction is currently scheduled to begin April 2022. No funding has been appropriated to date. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Pleasure House Rd 8,666 ADT 13,600 ADT (Level of 5 Morning Peak Hour Service "C") Vehicles 16,200 ADT' (Level of 36 Evening Peak Service "E" Hour Vehicles Average Daily Trips WATER AND SEWER: This site is already connected to City water. The existing 5/8-inch water meter (City ID #95030924) can be used or upgraded to accommodate the proposed development. This site is already connected to City sanitary sewer. Sewer and pump station analysis for pump station #302 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION This request for a conditional use permit to allow the site to be developed as a craft brewery is acceptable. The applicant has worked with Traffic Engineering to improve the right-of-way along Pleasure House Road to include a curb and gutter, as well as a sidewalk. Also, the proposed three-foot row of planters and parallel parking spaces along the northern property line will help define Lake Drive, creating a clearer indication of the areas of the site that are appropriate for parking. The applicant would also remove an existing gravel driveway along the southern property line and re-seed the area with grass, which would eliminate an unsafe line-of-sight for vehicles exiting the site onto Pleasure House Road. In addition to the proposed right-of-way improvements, the site plan depicts several enhancements that will have included several amenities to accommodate multiple modes of transportation. Bicycle parking is depicted in the front of the site, which will help customers take advantage of the bicycle lane on Pleasure House Road. The site will also include motorcycle parking in the rear. These accommodations, along with the vehicle parking wrapped around two sides of the building, should provide for a highly accessible site. The planning principles for the Suburban Area are reinforced by the Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Book. The following principles can be applied to this request. Site Landscapinq - Developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do nof. Landscaping can play many roles, both functional and aesthetic, in promoting a quality physical environment. Within reason, existing JERAMY BIGGIE Agenda Iter, 20 Page 5 trees and groundcover that are healthy should be preserved and integrated into the overall design of development, especially in highly visible areas of the site. In the absence of existing vegetation, the type, size and location of new plant material should be added to achieve a high quality physical environment. The applicant is proposing to retain an existing tree and shrub buffer to screen the site from Northampton Boulevard. Also, the required foundation landscaping along the northern farade has been pushed to the northern property line to physically separate the site from Lake Drive. Five new canopy trees will be planted in the rear parking area, and foundation landscaping will be planted along the front farade where practical. Finally, an existing five-foot hedge along the southern property line will be retained to buffer the site from the adjacent nonconforming lot. All development should incorporate environmentally sensifive design that protects the integrity of existing neighborhoods, complements adjacent land uses, included crime prevention principles, and enhances the overall function and visual quality of the street, neighboring properties and community. The applicanYs proposal offers a low-intensity adaptive reuse of a structure. Craft breweries are restricted to an annual production of 15,000 barrels, which limits the intensity of the brewing on site in terms of distribution and truck traffic. The proposed hours of operation have been limited to respect the surrounding neighborhood, and are more restricted than the hours that could reasonably be expected for a by-right eating and drinking establishment. The proposal enhances the quality of the streetscape along Pleasure House Road by introducing curb and gutter, as well as a sidewalk, which will help pedestrians and cyclists access the site and the existing sidewalk immediately across Lake Drive. These improvements will provide a safer pedestrian experience in this corridor. The proposal also eliminates an existing access point along the southern property line with a poor line-of-sight. This area will be re- seeded with grass, which should help manage stormwater on the site. Also, the southern-most portion of the rear parking area will remain as a gravel bed to help drain the site. All signs should be consistent in color and theme with the primary building. The applicant is proposing a building-mounted sign to read "Commonwealth Brewing Company" with ten- inch black block lettering. In Staff's opinion, this signage complements the submitted elevations, and provides an appealing front faCade. The applicant has met with representatives of the Chic's Beach Civic League, and their representative has indicated that they are not opposed to this application. Based on the above evaluation, staff recommends approval of this request with the conditions below. JERAMY ! -Agenda ? ? ?,PIE 0,20 >ade .6 CONDITIONS 1. The site shall be developed in substantial conformance with the submitted plan entitled "Site Plan Commonwealth Brewing Upfit, 2444 Pleasure House Rd, Virginia Beach, VA" dated 11/04/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The building elevations shall be developed in substantial conformance with the submitted elevations entitled "Rendered Building Elevations Commonwealth Brewing Upfit, 2444 Pleasure House Rd, Virginia Beach, VA" dated 08/29/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Only one delivery truck shall be allowed on the site each week. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 4. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 5. Parking space #11 shall be used for motorcycle parking only. 6. All signage on site shall conform to the sign regulations of the City of Virginia Beach. 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 p/an review to meet all applicable 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 P/anning / 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 Environmenta/ Design (CPTED) concepts and strategies as they perfain to this site. JERAMY BIGGIE Agenda Iter? 20 Page 7 -- ? ?,. _ p " N4 • ?=??C?_ -? ?? .?' y • ' ?x ? ? `?-?- ke` t ? ? ' 1 > 'W 4 / '\ ? AERIAL OF SITE LOCATION 1 JERAMY BIGGIE Agenda Item 20 Page 8 ..L ? pUR NA 7F PROPOSED SITE PLAN ?? JERAMY BIGGIE Agenda Item 20 D Page 9 ? ??Jy' ? VE. :S'. F?? .. T .x' ? ?OUR?:-.:NQ `DJ? JII \ ?° J ? ? 0 ? ? z n PROPOSED FLOOR PLAN -- - ?_ I ? o - eq `yaeag e1u16-11A ? W z i r o? •pa esnoH amseald bbbZ f a', W N 3lidn Bu ea o J< inn8 1iii69MUOlUW00 i 4 W5 ?r ?;? 2?m? ;?a? [Di Z 0 a w? 2 P ?- " O LL N sv, ? Z 0 a w a W F e K ? Z SI ? Z O' a ? b J ; w e ti a? w N ? 6 ? W b W ? PROPOSED BUILDING ELEVATIONS ? JERAMY BIGGIE Agenda Item 20 Page 11 y?y vua Na:J? ? ZONING HISTORY # DATE REQUEST ACTION 1 10/12/2004 Subdivision Variance A roved 2 07/13/2004 Subdivision Variance A roved 3 11/26/2002 Change of Zoning from A-18 Apartment and B-2 Community Business District to PD-H2 A12 Planned Develo ment District Approved 4 11/23/1999 Change of Zoning from B-2 Community Business District to PD-H2 (R- 5R Planned Development District Approved J ;AMY BIGGIE ? jenda Item 20 ? , Page 12 , } ^c ll; rlS t. ? ? 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 lisf if necessary) Com rwoll Wet 1+6 ft ' n? jPer, 6 (..?_ • 1L°fG<mu ?iGCf[ ?tsY1 -1)%J -J? ? s •?+r?? 2. List all businesses that have a parent-subsidiary' or affiliated business entw 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 Complete this section only if properry 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 alf officers, members, trustees, partners, etc. below: (Attach list if necessary) 1.11?`?Q t?l'1 6,U, t'?1 -P(e.S `? - f( F'?Q ? -S -Pe p i n j crv'.c n ue_rurcx-, - N L 2. List all usinesses 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. I 8 2 See next page for footnotes Does an official or eoyee of?City of Vrginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT J ? , I .AMY BIG GIE jenda Item 20 Page 13 ' I ? i ?-t-- _? i 1 ? ? ? i ? ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wilt 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 'rf necessary) 06:,., Th J.v.a< Q.,t G, ?r L?c S.?a cc w?..u-crs K aCo. , c 1 t '°Parent-subsidiary relationship" means °a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Locaf Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business eritity relationship" means °a relationship, other than parertt- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entfty, (ii) a controlling owner in one entity is also acontrolling owner in the other errtity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two errtities; there are common or oommingled 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. 1 ? . ? ? I ? CERTIFICATION: I certiry that the information contained herein is true and accurate. I understand that, upon receipt of not'rfication (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 hsaring aocording to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of ihe Department of Planning to photograph and view the site for purposes of prooessing and evaluating this application. P rint Name .?.? V??)azh A. different than applicant) Print Name DISCLOSURE STATEMENT AMY BIGGIE )enda Item 20 Page 14 __ . _ i - ? F? _ '? ?.,. _ ? I I I I ? VI I I JERAMY BIGGIE Agenda Item 20 Page 15 ? i ?N ! s i ?i JERAMY BIGGIE Agenda Item 20 Page 16 ? , -. .' t. 'Alu t ' . t ;4A s ? '?+y? ' ? ?}.? ? . ?? ? ?• ?• :? . ? ? ?x?. . .,. ? . . 7? ?..? Ai C•4. ? ??y?• ? ? ?????k? 3?. r ??t.-•;'? ? • .? r ?t. -.-: ? . $.?'. K,?,.-??..:- ?`,.ra -r ;" ?• r' ?t , .s .i! , .. Jr .-• ? ? ` .. . . . k r , . i ,. i ? I? • , . ? +?. • ?. ? ?? . bNY? ? T-a ¦ ? . ; ? V I u I JERAMY BIGGIE Agenda Item 20 ? Page 17 ?-,. --?,• ?J? O,e ?c'?? ?','.. ? N? %-- OUR NAS?? ._( .Jc Item #20 leramy Biggie Conditional Use Permit 2444 Pleasure House Road District 4 Bayside November 12, 2014 REGULAR An application of Jeramy Biggie for a Conditional Use Permit Craft Brewery on property located at 2444 Pleasure House Road, District 4, Bayside. GPIN: 15705017760000; 15705027730000. CONDITIONS 1. The site shall be developed in substantial conformance with the submitted plan entitled "Site Plan Commonwealth Brewing Upfit, 2444 Pleasure House Rd, Virginia Beach, VA" dated 11/04/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The building elevations shall be developed in substantial conformance with the submitted elevations entitled "Rendered Building Elevations Commonwealth Brewing Upfit, 2444 Pleasure House Rd, Virginia Beach, VA" dated 08/29/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on-site. 4. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 5. Parking space #11 shall be used for motorcycle parking only. 6. All signage on site shall conform to the sign regulations of the City of Virginia Beach. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE Item #20 Jeramy Biggie Page 2 RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 20. The applicant Jeramy Biggie appeared before the Commission. Barbara Edoff, Denzil Poore and Mark Bernarducci appeared in opposition. ? ? ? ? ? ? ? ? ? ? ? ? i i i ? ? i ? ? t 1 I V I I I I ? \ M / M / ?.+ O J ? ? 4ft ? a - .? ? E i ? ? V ? ? C ' ? ?f ? ? ? c 0 .? w, 0 E ? a d u V V C ? ?C A ? cc ., O _N yL 1?I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FUN SPOT AMUSEMENT, LLC (Applicant) / LILLY INCORPORATED OF VIRGINIA, INC. (Owner), Conditional Use Permit (Commercial Parking Lot). 304, 306, 308 22nd Street (GPINs 2427089604; 2427089655; 2427180616). COUNCIL DISTRICT - BEACH. MEETING DATE: December 9, 2014 ¦ Background: The applicant requests a Conditional Use Permit to allow development of the site as a Commercial Parking Lot. The site is zoned OR Oceanfront Resort District. All property located in this zoning district is regulated by the Oceanfront Resort District Form-Based Code (FBC). Section 5.3.6 of the FBC requires a Conditional Use Permit for all Commercial Parking Lots located in the Oceanfront Resort District. In July 2013, the applicant began operation of a Temporary Commercial Parking Lot. Section 5.3.7 of the Zoning Ordinance limits operation of such parking lots to one year; therefore, this application has been submitted, as the applicant desires to continue operation. ¦ Considerations: The applicant is proposing to pave the site to provide 25 striped parking spaces along the perimeter of the lot and approximately 26 valet parking spaces in the interior of the lot. The site will be bordered with evergreen hedges, four canopy trees, ornamental trees, perennials, and ornamental grasses. The applicant is requesting that the requirement to pave the parking lot be waived for one year, and that the interior canopy coverage landscaping required by the Site Plan Ordinance be waived entirely. Vehicular access to the site is proposed from 22nd Street. This vehicular ingress/egress point is proposed to be controlled by a gate and a parking attendant. A 5' x 7' parking attendant kiosk is situated next to the gate. The submitted plan shows an additional future access to the site from 21St Street through the adjacent site to the south (GPIN 2427-18-0543), which is currently used as parking for the adjacent restaurant. The applicant proposes to follow the same hours of operation as the City parking garages by not allowing vehicles to enter the site after 12:30 a.m. and by closing the lot at 2:00 a.m. Commercial Parking Lots are an intense, and thus, incompatible use when placed adjacent to existing residential uses. There are many aspects of the applicant's proposed use that would interfere with the quality of life for the FUN SPOT AMUSEMENT Page 2 of 4 existing adjacent residential units to the west and north, including but not limited to the following: • Headlights shining into the residential dwellings as late as 2:00 a.m.; • The sound of car doors closing as late as 2:00 a.m.; • Theft or vandalism of property by intoxicated tourists or residents; and • Excessive litter during the summer season such as baby diapers, food, and glass bottles. To help resolve these conflicts, typically, tapered hours of operation and/or an extensive landscaped buffer, screening, and fencing is proposed. The applicant has proposed a five-foot wide landscaped area along the side lot lines, which includes medium canopy trees and an evergreen hedge; this landscaping is not required by the Site Plan Ordinance. Additionally, it has been difficult for staff to review the conceptual site plan with the limited amount of information provided regarding the proposed method of managing stormwater. During Staff's evaluation of the applicant's request, the Development Services Center requested and recommended that a preliminary stormwater plan be provided. No such preliminary plan was submitted, and the applicant has preliminarily indicated that a combination of bioretention planting areas and subsurface storage units will be used to satisfy stormwater management requirements. Should bioretention planting areas be used, Staff is concerned about the feasibility of the landscaping that is being proposed by the applicant for screening purposes as well as in lieu of ineeting the prescribed form requirements of the FBC for commercial parking lots. The Planning Department concludes that the proposed commercial parking lot is not appropriate for the subject site, as its design does not meet the requirements for commercial parking lots as provided for in the FBC, and accordingly, is not compatible with the adjacent residential uses. Thus, the Planning Department recommended denial of the application to the Planning Commission. Further details pertaining to the site design and consistency with the Comprehensive Plan and FBC, 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 Department recommended denial of the application to the Planning Commission. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: FUN SPOT AMUSEMENT Page 3 of 4 1. Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirements of the Site Plan Ordinance, specifically as they relate to canopy coverage. 2. Landscaping located within the most northern 28 feet of the site shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. 3. A modified Category IV landscaped buffer shall be provided along the western lot line. Said landscaping shall be allotted a minimum of 8 feet of depth from the face of curb to the western lot line for planting and fencing. The plantings of this buffer shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by W PL. 4. The applicant shall provide a 6 foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the west. Said fencing shall begin at the most northern point of the existing fencing and extend north along the property line until it is even with the front faCade of the dwelling located on the adjacent lot. At that point, said fence shall taper to be 4 feet tall and extend to the back of curb of the most northern proposed paved parking area. Said fencing shall be substantially of the same design and material of the existing fencing. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 5. A 4 foot tall ornamental aluminum maintenance-free fence, no less than 50% transparent shall be provided along the eastern side lot line and southern lot line. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 6. This Conditional Use Permit does not include or allow use of the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" as a vehicular point of ingress or egress. This connection shall be continuously landscaped and allow only for pedestrian ingress and egress. 7. The applicant shall be required to submit an application for a Modification of Conditions when the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" is proposed for immediate use. Said application shall be accompanied by a site plan which includes the parcels identified as GPINs 2427-18-0543 and 2427-18-0409. 8. The exterior of the attendant kiosk shall be made of maintenance-free materials. FUN SPOT AMUSEMENT Page 4 of 4 9. No vehicle shall be permitted to enter the commercial parking lot after 11:00 p.m. The lot shall be secured at all points of ingress and egress, by no later than 12:00 a.m. (midnight) and shall remain closed until no earlier than 8:00 a.m. An exception to this condition shall be allowed Friday through Monday during Memorial Day weekend, and the Fourth of July when the subject lot may follow the hours of operation of the public parking facilities located in the Oceanfront Resort District. 10. An attendant shall be on site at all times during operation. 11. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during Site Plan review. 12. The gate proposed on 22"d Street shall consist of materials that are generally recognized as maintenance-free. A detail of the gate shall be submitted with the final Site Plan for approval. 13. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 14.This Conditional Use Permit is approved for a maximum of two (2) years from the date of the City Council approval, with an annual review by the Zoning Administrator or his/her designee to ensure compliance with the conditions approved by City Council. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval with conditions. Submitting Department/Ag nc : Planning Department 'City Manager. 1 ? ?iap M-6 Fun Spot Amusement, L.L.C. ..G\, 5VKE0 200 ??t'?rea OR" $T of q1 OR ? .10 ? • zw?q.r c.?sr..nw.... q.? s'.w w?aM CUP /w CommeroAl ParNinp Lot oe- oas»a o..?rr 1 ? ? November 12, 2014 Public Hearing APPLICANT: FUN SPOT AMUSEMENT, LLC PROPERTY OWNER: LILLY INCORPORATED OF VIRGINIA STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Commercial Parking Lot) ADDRESS / DESCRIPTION: 304,306, 308 22nd Street GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 2427089604 BEACH 21,000 square feet 65-70 dB DNL 2427089655 (Sub Area 2) 2427180616 BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow development of the site as a Commercial Parking Lot. The site is zoned OR-Oceanfront Resort. All property located in this zoning district must foflow the development requirements of the Oceanfront Resort District Form-Based Code (FBC). Section 5.3.6 of the FBC states that a Conditional Use Permit is required for all Commercial Parking Lots located in the Oceanfront Resort District. In July of 2013, the applicant was permitted to begin operating a Temporary Commercial Parking Lot; per Section 5.3.7 of the FBC, Temporary Commercial Parking Lots may not operate for more than one year. As the applicant would like to continue using the site for commercial parking, he has submitted an application for a Conditional Use Permit for a[non-temporary] Commercial Parking Lot. This application has been previously deferred on June 11, 2014, July 9, 2014, September 10, 2014, and October 8, 2014 by the request of the applicant to allow for additional time to continue work on the site plan. FUN SPOT AMUSEMENT, LLC Agenda Item D4 Page 1 The subject site fronts on the south side of 22"d Street. This portion of 22"d Street is identified as a Gateway 3 Street Frontage by Section 2.1 of the FBC, The site is 150' x 140', and is located 100 feet to the west of the intersection of 22"d Street and Pacific Avenue. Adjacent to the west of the subject site are 4 Detached Houses. Immediately adjacent to the south of the property is parking associated with the adjacent restaurant 21St Street Seafood Company at the corner of 21S and Pacific. The City of Virginia Beach owns the property immediately adjacent to the east where there is an existing three-story brick building. North of the site and 22"d Street are 2 Detached Houses and an outdoor seasonal miniature golf park. The site has been developed to include the standard right-of-way improvements associated with the temporary commercial parking lot; this includes a 5 foot wide sidewalk and a 30 foot wide commercial entrance. The site has also been landscaped to partially meet the landscaping requirements associated with a Commercial Parking Lot. For lighting, the applicant is utilizing an existing parking lot light fixture which is located on an adjacent property to the south. The applicant is proposing to pave the site to provide 25 striped parking spaces along the perimeter of the lot and approximately 26 valet parking spaces in the interior of the lot. The site is proposed to be bordered with evergreen hedges, four canopy trees, ornamental trees, perennials, and ornamental grasses. It has been additionally requested by the applicant, that the requirement to pave the parking lot be waived for 1 year, and that the interior canopy coverage landscaping required by the Site Plan Ordinance be waived entirely. Vehicular access to the site is proposed to be from 22"d Street. This vehicular ingress/egress point is proposed to be controlled by a gate and a parking attendant. A 5'x7' p arking attendant kiosk is situated next to the gate. Future access to the site is proposed to be from 21s Street by use of the adjacent site to the south identified as GPIN 2427-18-0543 which is currently used as parking for the adjacent restaurant. The applicant is proposing to leave the future entrance gated. The applicant is proposing to follow the same hours of operation of the city parking garages by not allowing vehicles to enter the site after 12:30 am and by closing the lot at 2:00 am. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Temporary Commercial Parking Lot SURROUNDING LAND North: . 22"d Street USE AND ZONING: . Mini-Golf / OR-Oceanfront Resort District South: . Restaurant / OR-Oceanfront Resort District East: • Vacant Municipal Building / OR-Oceanfront Resort District West: . Residential Dwelling / OR-Oceanfront Resort District NATURAL RESOURCE AND The site is located in the Chesapeake Bay watershed and the CULTURAL FEATURES: proposed land disturbance is over 2,500 square feet. Accordingly, the site plan must comply with the Stormwater Management FUN SPOT AMUSEMENT, J?.LC Agenda Iter? .D4 Pa?e 2 Ordinance and both water quality and quantity measures are required. They may need to use permeable pavement, bioretention or some other method to meet the stormwater criteria; this information should be included with their CUP application. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA) on a Gateway 3 Street Frontage. This Frontage is intended for key streets entering and exiting the Resort Area and is applied only to portions of 215' and 22"d Street. Development which fronts on a Gateway 3 Frontage should support a transition between large scale mixed use development to the east and smaller less intense and residential uses to the west. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 22ntl Street in the vicinity of this application is a four-lane, one-way, minor urban arterial with on-street parking in this area, with an eighty-foot (80') wide right-of-way. There are currently no Capital Improvement Plan (CIP) projects planned for this portion of roadway. TRAFFIC• Street Name Present Volume Present Capacity Generated Traffic 22" Street 16,900 ADT 14,800 ADT (Level of Service "C") Existing Land Use - 30 ADT 27,400 ADT' (Level of Service "E") Trip generation is not available 22,800 ADT' Capacity/ for the proposed land use 3 Level of Service "D"' Average Daily Trips 2 as defined by 3 single-family homes 3 as defined b Commercial Parkin Lot of 54 arkin s aces EVALUATION AND RECOMMENDATION The applicant requests a Conditional Use Permit to allow development of the site as a Commercial Parking Lot. The site is zoned OR-Oceanfront Resort. All property located in this zoning district must follow the development requirements of the Oceanfront Resort District Form-Based Code (FBC). Section 5.3.6 of the FBC states that a Conditional Use Permit is required for all Commercial Parking Lots. The submitted site plan currently shows a total of 51 parking spaces (25 striped spaces, and 26 valet spaces). The applicant has proposed an alternative to the 25 foot parking setback required for 90 #'eet bf FUN SPOT AMU`SEMENT, _LLC Agenda Iter?a D4 Pzige 3 the site (FBC Section 2.4.3) by providing a 28 foot parking setback for 54 feet of frontage and a 10 foot parking setback for the remainder. Within this alternative parking setback, the applicant has proposed to exceed the minimum planting requirements. Staff is supportive of this proposed alternative located within the front 28 feet of the site and finds that it provides an appropriate relationship to the street frontage and accomplishes the intent of the 25 foot prescribed parking setback. Two vehicular entrances are proposed for the site. The primary entrance is located on the northern lot line adjacent to 22"d Street. A future connection is shown on the southern lot line. Said lot line is shared with an adjacent property that fronts on 215t Street. At the time the applicant proposes to use the southern entrance called out as "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" a modification to the subject CUP will need to be applied for and a conceptual site plan encompassing the adjacent properties will need to be submitted. At this time, Staff is not supportive of the proposed future connection and has included in the conditions for reference that said connection be removed and replaced with continuous perimeter landscaping to communicate to drivers that it is not a vehicular point of ingress/egress. Staff is supportive of opening to accommodate pedestrians. Staff has concerns of the appropriateness of the proposed use relative to the existing surrounding land uses and the intent of the Gateway 3 Street Frontage. The Gateway 3 Street Frontage is intended for key streets entering the Resort Area which are transitioning from small scale or residential uses to larger scale mixed use development. To the west of the subject site are 4 Detached Houses which are used as duplex or multi-family units. The unit which is immediately adjacent to the site, has recently experienced extensive interior and exterior renovations as it is the intent of the property owners to continue managing the property as a multi-family unit. Staff finds that this type of moderate residential density and the associated existing form are in keeping with the intent of the Gateway 3 Frontage. The use and form of these adjacent sites currently define a"fringe" of the resort related attractions and appropriately communicate to tourists that 22"d Street is primarily residential to the west of Arctic Avenue, thus successfully achieving the intent of the Gateway 3 Frontage. It is Staffs opinion that the proposed commercial parking lot would detract from this established transition and would undermine the intent of the Gateway 3 Frontage. Commercial Parking Lots are an intense use to be placed adjacent to existing residential uses. There are many aspects of the proposed use that would interfere with the quality of life for the existing adjacent residential units to the west and north, including but not limited to the following: - Headlights shining into the residential dwellings as late as 2:00 am - The sound of car doors closing as late as 2:00 am - Theft or vandalism of property by intoxicated tourists or residents - Excessive litter during the summer season to include baby diapers, food, and glass bottles. To help resolve these conflicts, typically, tapered hours of operation and/or an extensive landscaped buffer, screening, and fencing is proposed. The applicant has proposed a 5 foot wide landscaped area along the side lot lines which includes medium canopy trees and an evergreen hedge; this landscaping is not required by the Site Plan Ordinance. While the additional side landscaping is appreciated, Staff believes it is most appropriate for there to be a less intense non-residential use such as an office or specialty shop, between the existing residential units and the proposed commercial parking lot that did not operate in the later evening hours. A commercial parking lot, as proposed is not an appropriate use to be adjacent to single-family homes. Additionally, it is difficult for staff to review the conceptual site plan with the limited amount of information provided regarding the proposed method(s) of managing stormwater. While the Development Services Center has requested and recommended that a preliminary stormwater plan be provided, it has been limitedly indicated by the applicant that a combination of bioretention planting areas and/or subsurface FUN SPOT AMl7SEMENT, _LLC Agenda Iterii D4 Page 4 storage units will be used to satisfy stormwater requirements. Landscaping is proposed to serve as an alternative to prescribed requirements of the FBC as well as the primary method of screening and alleviating the negative impacts caused by the commercial parking use. Accordingly, Staff is concerned of the feasibility and maintenance of the proposed landscaping should bioretention planting areas be used. As shown in the recommended conditions which Staff has prepared in the event this request is supported by Planning Commission and City Council, the applicant should be aware that all landscaping will need to be approved by the City Landscape Architect of the Development Services Center. Further, it should be heavily noted by the applicant that given that the media required for bioretention beds is relatively loose and typically does not support tree establishment in windy coastal conditions, the City Landscape Architect is not supportive of the required tree plantings being located in bioretention beds. Also included in the conditions, is that the site will be required to meet all landscaping requirements for a Commercial Parking Lot as required by the Site Plan Ordinance, including interior canopy coverage. As drawn, a minimum of 4 spaces would need to be removed from the proposed site plan, for these requirements to be met. Being that the site is located in the Oceanfront Resort District, the applicant presented the proposed site plan to the Planning and Design Review Committee of the Resort Advisory Commission at the June 3, 2014 meeting. A motion was made and recommended to approve the plan contingent to including a pedestrian connection through the interior landscape coverage surrounding the parking attendant kiosk. Alternatively, multiple calls and letters of concern and opposition have been submitted to the Planning Department regarding this application. Said concerns include the appropriateness of a commercial parking lot adjacent to residential properties, traffic flow, access and security, and consistency with the review process for temporary and permanent commercial parking lots. It is Staff's conclusion that the proposed use is not appropriate for the subject site. Staff does not feel that the submitted site plan, kiosk elevation, materials, or landscaping render the use appropriate for this site. Accordingly, Staff recommends denial of this request for a Conditional Use Permit for a Commercial Parking Lot. Should the proposed use be considered for support by the Planning Commission and City Council, Staff has included the following conditions for reference and consideration. The applicant has proffered a set of 13 conditions to be attached to this conditional use permit. These proffered conditions are included at the end of the report and have been considered by Staff while developing the following 14 conditions below. CONDITIONS 1. Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirements of the Site Plan Ordinance, specifically as they relate to canopy coverage. 2. Landscaping located within the most northern 28 feet of the site shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. FUN SPOT AMUSfMENT, ILC Agenda Iter? D4 Page_ 5 3. A modified Category IV landscaped buffer shall be provided along the western lot line. Said landscaping shall be allotted a minimum of 8 feet of depth from the face of curb to the western lot line for planting and fencing. The plantings of this buffer shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. 4. The applicant shall provide a 6 foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the west. Said fencing shall begin at the most northern point of the existing fencing and extend north along the property line until it is even with the front faCade of the dwelling located on the adjacent lot. At that point, said fence shall taper to be 4 feet tall and extend to the back of curb of the most northern proposed paved parking area. Said fencing shall be substantially of the same design and material of the existing fencing. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 5. A 4 foot tall ornamental aluminum maintenance-free fence, no less than 50% transparent shall be provided along the eastern side lot line and southern lot line. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 6. This Conditional Use Permit does not include or allow use of the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" as a vehicular point of ingress or egress. This connection shall be continuously landscaped and allow only for pedestrian ingress and egress. 7. The applicant shall be required to submit an application for a Modification of Conditions when the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" is proposed for immediate use. Said application shall be accompanied by a site plan which includes the parcels identified as GPINs 2427-18-0543 and 2427-18-0409. 8. The exterior of the attendant kiosk shall be made of maintenance-free materials. 9. No vehicle shall be permitted to enter the commercial parking lot after 11:00 p.m. The lot shall be secured at all points of ingress and egress, by no later than 12:00 a.m. (midnight) and shall remain closed until no earlier than 8:00 a.m. An exception to this condition shall be allotted Friday through Monday during Memorial Day weekend, and the Fourth of July when the subject lot may follow the hours of operation of the public parking facilities located in the Oceanfront Resort District. 10. An attendant shall be on site at all times during operation. 11. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during Site Plan review. 12. The gate proposed on 22"d Street shall consist of materials that are generally recognized as maintenance-free. A detail of the gate shall be submitted with the final Site Plan for approval. 13. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 14. This Conditional Use Permit is approved for a maximum of five years from the date of the City Council approval, with an annual review by the Zoning Administrator or her Designee to ensure compliance with the conditions approved by City Council. FUN SPOT AMUSfMENT A?enda Ite LC D4 e6 I . .?. a?r ry I n: < b. .'-•'`,? ? ?? ? ? "?. ??.. , ... r _ I I i `. FUN SPOT AMUSEMENT, LLC Agenda Item D4 Page 7 F ,I AERIAL AND PHOTO OF SITE LOCATION ? a t ?B I I Ft. i , r L i i _?e I ? A9 ?? ...? et ? „ ??? (f I ? ..M«b,.' ? --- ---i b , I ? R W J R ( U o U Z a o< a .0 I - 1 ?g ? r 11 1 1?3 I 1 1 P . I . I R? ? • ? I ?-- _ ?4 S ? --- ------------- - --- - - -- 7? i I ? e Il ? E ?__ I I I d ? I O ?3ag A ? ? I? 43 I W I .I ? gi L I y? ? _1?? ? FY R y s ? t E I ?o b ? R? ?? ? ? I l ? ?4 Z I 1--° p - -- ----- ---- -- -- ----- -- ? ? - - I 4 r l p ? I €? • i I ? _ ? _? ---------- - ? . I ? I - i . .?.mx s . „ . - - Ey ? ?C-L ??' • ? si ' '^?° " 9 ? ? ? ? t ? ? . •s ? ...... .. . • t I I I I I 1 - - 31MGAY J/?VDYd -? ?--r r --T---- --r-, ----?-T--._---- -- - -- --__..----- ?. PROPOSED SITE PLAN : . ? , FUN SPOT AM USEMENT, LLC i Agenda Item D4 . Page 8 ? FRaNT viEW 1Od" ? 50, 1 10 Roof Slanbed for drainage wilfi avefiang SidEng Hardi penal siding Vinyl comer trim Windaws Twro (2) 36" x 36" commerc6al sliding gIass windaws 100" 10" .-? PROPOSED ATTENDANT KIOSK FUN SPOT AMUSEMENT, LLC Agenda Item D4 Page 9 ? ' ? ? ? ? ? ? ? ????e -- -. ' •",? s ?oo . . 0 B A3 ?E ? S ? 4 '? . 1 1i._ i ! A ? < • ? I :1 d ? ? m. ?• I h ? ? a U? / I p . Q ij I ! 1 ll • ? ?? ? ??? ?3 ` ?e? o ? ????? ? - ---- ----- --- -- -- -J{," _ ? ? - g ??? 7? _ - M N u ? ? Ag e y I ? •?? ?l N?• `Sgvo ' `?s ~ iW r ?? u/?? p ?I ? 66 ' I ? I I ? ---'? 3l1N3AY D/d/DYd PROPOSED LANDSCAPE PLAN FUN SPOT AM ? iEMENT, LLC genda Item D4 , Page 10 ? ? ? ?t _?.'Y •? ?.J?''?' \?..?[ I CONDITIONS PROFFERED BY THE APPLICANT 1. Improvements shall be in substantial conformance with the Plan exhibited to the City Council and is on file in the Department of Planning. 2. Perimeter parking lot landscaping shall be in substantial conformance with the Plan exhibited to the City Council and is on file in the Department of Planning and include a combination of trees and evergreen shrubs. 3. The attendant Kiosk shall be similar in design to the building elevations of the 5' x 7' siding with vinyl corner trim. 4. The gate shall consist of materials that are generally recognized as maintenance-free. A detail of the gate shall be submitted with the final Site Plan for approval. 5. The hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots within the resort area. 6. The hours of operation for the parking lot lighting shall be identical to the hours of the subject parking lot. 7. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during Site Plan review. 9. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 10. Provide, at Site Plan review, a Stormwater Management Plan for water quantity conveyance and storage and water quality treatment, in accordance with the City's Site Plan, Stormwater Management Ordinances and Public Works Specifications and Standards. 11. Since a portion of the commercial parking lot will not be stripped, that portion of the lot shall be operated only when an attendant is stationed on the site to valet park vehicles. 12. If a fence is installed, provide a non-opaque fence no taller than four (4) feet, constructed of maintenance-free materials along the perimeter of the parking lot, with the exception of the gated ingress/egress. Landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail. 13. This Conditional Use Permit is approved for seven years from the date of the City Council approval, with an annual review by the Zoning Administrator or her Designee to insure compliance with the conditions of this Use Permit FUN SPOT AMUSEMENT, LLC Agenda Item D4 Page 11 A _.,. ?. ? ?,... ..., ? T T !'' 1' U11 ti7I)VL A111U7?.111\.lil? L?L?\..• ? ? l` ? 5 1 ?•, ? ? ? •. ? ` ` ?? ?_ ._ • . .????? ??. . ` QR i S. ? . ? .? Vl-0 VIOS( ?--?.• • IoNny rdn coeavaoe..vb/Ms. Uwn sp+a vranalon pB - Oid B"cA oror6y CUP for Commercial Parking Lot ZONING HISTORY # DATE REQUEST ACTION 1 05/082004 Conditional Use Permit Indoor Commercial Recreational Facilit A roved 2 12/26/2002 Conditional Use Permit Commercial Parkin Lot A roved 3 11/28/2000 Conditional Use Permit Miniature Golf Course A roved 4 06/13/2000 Conditional Use Permit Recreational Facilit A roved FUN SPOT AMUSEMENT, LLC Agenda Item D4 Page 12 APPIJGANT DIGGLOGtJRE H fw eppkant is a corporsion, Parbmrshlp, flrrn. bushma, or other unIrroarpona*d a%arkedon. caniP'kft tFe fobrvin: 1. Ltat #he applkwM narne folkwed by Ihe nwrwa d sll offmm rnerrbm, truslees, parrws, stc. bebw: (Ailech Rsf f rataenar)?) Fun " Mxesnent, = / Andrew Hoararln -Msnaping Mewber 2. Llst eM busitwesm ftt t1m a pereii subskloy' or 011elmd busness mW relotloneW wkh the applicwrl: (A#wh hi' ffrhecas"ry?) 22n+d $'Nst AiW Gdf ? 0?a& Aem if thb ap*art is NOT a caporedcr?, pwMershtp,lWmm, busMmss., or ottter uNnoorporobed oprtization. PRt3PER1Y OWNER OISCLaOSURE ConW" bVs secdbn onry gpnopwty ower ie dtlkt*W ftr?r q*aNcvit ?f tw property VRnw iO 8' 'W??Il-R ?mm?. fiit??, ? YI ?/ue {A?1 q? ?^ ??. ??{R7n1 mnpiMe ft tRVlng 1. Ust te pnoperty owner rwrne fadowred by ft roarnnea oi eil offioers, mambars, trus1m, pattura, etc. below. (Attach #atf +woosmY) UNy homporaled cf Vlrpinla. Inc ! 1Alclaai A L.aQiplia, .Ir. - Pt?seidmd 2. Lkst ell buWnessas iheNt have s pare?rt-sutrsidiary?' dr sMisled business endt? reletiorship wfth tlw appxcant ~ bt M meaass*M ? Check here 9 ihs POpOty ower fs 1W0TO corparaOort, psrtnerahip, ikm, t?usinew, or oIhar uniktcwpvrarW ornen&odon. a aas nesi pepe tor iooer?o?Ms Dfts sn d(ical or ecy?e t?#Cit?? of Vi?'ginie Beedt haye art ir?ter?est in #he ?d? Yea Na subwct i? lf yes, what is Ihe nerne of Ihe c?dal or employae and the nadre of thwtt inter*s#? DISCLOSURE STATEMENT FUN SPOT AMUSfMENT,.; Agenda Iter? LC D4 13 ?? DHX3MureES Ulst aM knom coniractora or buairMems 1hat have or vA p?rorrlda servicae wth Papecl ta tFw requeslied property use? induding but nvt Ihr?be?d tiv 1he providets tf archiQettural senricms4 rsal ostain serritaas, financial serviaes, aotounting sanricas, erticf legal s+srvfoes: (Atinch list N nooesear!?) WpL ? . ? ? ? 1'Parmnt-autmldiery relstlorrsW rrrmrs'a rolsMantrp dyeit astiaia wherr clrre oorporativn arvdY or inditectty owm dwes ponassiV rrrom Itwn 50 pwowd af the +raiiny povrer ot arotrer oorpontdon.` See Stde ar?i 1.0001 Ciatiwrrxf'MaM CoMiid oF IrrlerGft Ad. Ys. Coft § 2.2-3701. 8 M bugifle$s Ariky mm1*~ me" "A tdeowoW ottw Om porot- su6:idiery r+Oadonshlp. ihat wdsls wtrsn (fji one 6usiness ardty has s car4nlNnp owrrerahlp ir?berest in the otrer bueiness anft (ii) $ controKrg awner in cm on4ty is abo a oonlrdnp comr in the dher wft, ar (iI) #rere is "red maoagenrertt ar conrd bethvw Ilae busiriess enllties. FoeWa thet ehak de oanWarec1 in deMxtrdt?g ft exWenoe ofi a+'i sONaAed buaMan andly rdelateNp indude tlhet Iha aenm person or etdalentlely tho asme poneon own or marop the twa wtilies: OwnQ m corm= flr conrrftled iuvk ar sssaft; ihs bueine? entilles drare the uee oF Uo som oftea or arouyeet ar oftWeo ohm **vi?, resomm or paraunnel on ampjkw bak or these is +aqierwire a claee vMaicing mkoarft be%vm the enddse.` See Ste1e end t,axd Gwmmawrt CorAct ol Irile?te AV, Va. Catb # 12-3101. I ? L F CERTIpCA'T1ON: i rwtN'y fisi Iha intorruson catifsiMd Iwwn is kteand eaoutsw I underebnd ihaL Wm tecaipk *t noikgdon tpdsftid] lW ihs applicedim has bw adoduled W aeWdulad fx?l+M?c hsmrUp 9con*nQ iws l?1?10 ? ir1 AR le?t gt1 daya prlDt a uderslpned eVo nonaerft tn an1rY ?ft su4W Pmpwty b'Y' wnpbyem d' fie Depmrvrsnt vl Rsnntng 16 ptxlo"h and view iM aM for purpdeeb of ptocaaeirV end aAkwft lhim epkaian- ?y H41Ne1i11 App?.nrs sr?a?? prtr? ?+arr?e ,/? Micheel LaC3igi'io Pr+vperty Owrrx'? u? (K dlflar? 11? appllc??H) PrMN Mam? DISCLOSURE STATEMENT FUN SPOT AM ENT,'LLC enda Item D4 Page 14 Item D4 Fun Spot Amusement, L.L.C. Conditional Use Permit 304, 306, 308 22"d Street District 6 Beach November 12, 2014 REGULAR An application of Fun Spot Amusement, L.L.C. for a Conditional Use Permit (Commercial Parking Lot) on property located at 304,306, 308 22nd Street, District 6, Beach. GPIN: 2427089604; 2427089655; 2427180616. CONDITIONS 1. Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirements of the Site Plan Ordinance, specifically as they relate to canopy coverage. 2. Landscaping located within the most northern 28 feet of the site shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. A modified Category IV landscaped buffer shall be provided along the western lot line. Said landscaping shall be allotted a minimum of 8 feet of depth from the face of curb to the western lot line for planting and fencing. The plantings of this buffer shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. 4. The applicant shall provide a 6 foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the west. Said fencing shall begin at the most northern point of the existing fencing and extend north along the property line until it is even with the front fa?ade of the dwelling located on the adjacent lot. At that point, said fence shall taper to be 4 feet tall and extend to the back of curb of the most northern proposed paved parking area. Said fencing shall be substantially of the same design and material of the existing fencing. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. A 4 foot tall ornamental aluminum maintenance-free fence, no less than 50% transparent shall be provided along the eastern side lot line and southern lot line. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 6. This Conditional Use Permit does not include or allow use of the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" as a vehicular point of ingress or egress. This connection shall be continuously landscaped and allow only for pedestrian ingress and egress. 7. The applicant shall be required to submit an application for a Modification of Conditions when the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" is proposed for Item D4 Fun Spot Amusement, L.L.C. Page 2 immediate use. Said application shall be accompanied by a site plan which includes the parcels identified as GPINs 2427-18-0543 and 2427-18-0409. 8. The exterior of the attendant kiosk shall be made of maintenance-free materials. 9. No vehicle shall be permitted to enter the commercial parking lot after 11:00 p.m. The lot shall be secured at all points of ingress and egress, by no later than 12:00 a.m. (midnight) and shall remain closed until no earlier than 8:00 a.m. An exception to this condition shall be allotted Friday through Monday during Memorial Day weekend, and the Fourth of luly when the subject lot may follow the hours of operation of the public parking facilities located in the Oceanfront Resort District. 10. An attendant shall be on site at all times during operation. 11. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during Site Plan review. 12. The gate proposed on 22nd Street shall consist of materials that are generally recognized as maintenance-free. A detail of the gate shall be submitted with the final Site Plan for approval. 13. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 14. This Conditional Use Permit is approved for a maximum of two years from the date of the City Council approval, with an annual review by the Zoning Administrator or her Designee to ensure compliance with the conditions approved by City Council. A motion was made by Commissioner Hodgson and seconded by Commissioner Inman to approve item D4. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item D4. Item D4 Fun Spot Amusement, L.L.C. Page 3 Billy Garrington appeared before the Commission on behalf of the applicant. 0 M ? ? M ? M C M w ? ? ? ? .y ? .Q a W 'a ? ? ? ? ? _ 1 ? •` ? Q J ..? Q W N ? ? OL C O ? ? O ? Q a d ? H? ? 04 ? ? ? ? 0 ? e 0 u ? c •o N , u? r ? r`' ?as+ S> a? .,w,... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KWP, IBC, LLC (Applicant & Owner), Conditional Use Permit (Veterinary Establishment). 404 Investors Place (GPIN 14775071830404). COUNCIL DISTRICT - ROSE HALL. MEETING DATE: December 9, 2014 ¦ Background: The applicant requests a Conditional Use Permit for an Animal Hospital / Veterinary Establishment. The 5.01-acre site is zoned I-1 Industrial and contains an office complex consisting of seven, one-story brick buildings. The proposed animal hospital / veterinary establishment will operate from one of the buildings at the northeastern corner of the property. Directly adjacent to the site are a self- storage facility, a hotel, and several office-warehouse facilities. ¦ Considerations: The animal hospital will occupy three suites of the building, totaling 3,112 square feet. The interior space will be renovated as needed to accommodate the operation. There will be no changes to the exterior of the building. All activity on the site will be indoors, and the space will be climate-controlled and sound-proof. The hours of operation will be Monday through Saturday, 7:00 a.m. to 9:00 p.m., and Sunday, 9:00 a.m. to 5:00 p.m. Further details pertaining to request, as well as Staff's evaluation, 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 11-0, to recommend approval of this request to the City Council with the following conditions: The applicant shall submit a plan to the City Building Official indicating the measures to be incorporated into the interior of the building unit to ensure that the space being occupied is soundproofed from the adjacent building unit. Said soundproofing must be acceptable to the Building Official and Zoning Administrator and installed prior to a Certificate of Occupancy being issued. KWP IBC, LLC Page 2 of 2 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department prior to the issuance of a Business License. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ,-.?--- Submitting DepartmentlAgency: Planning Department City Manager: v -1? tv? ec weI t »e e-7,a KWY 1B(:, L.L.L. r? \ t ?4 J1 , +F 11 ?,?. ? , A36' 02 ss 11 r ` 02 , 92 ?'?'OF 11 B3, e< ? ? 02? , ? K November 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: KWP IBC, L.L.C. CUP/orAnimalHospifal/VeterJnary EsbbAshment STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit for an Animal Hospital / Veterinary Establishment ADDRESS / DESCRIPTION: 404 Investors Place GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14775071830404 ROSE HALL 5.01 acres Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL Backaround The applicant requests a Conditional Use Permit to allow for an Animal Hospital / Veterinary Establishment on the site. The 5.01-acre site is zoned I-1 Industrial and contains seven, one-story brick buildings that are primarily occupied with office uses. Directly adjacent to the site is a self-storage facility, a hotel, and several office-warehouse facilities. The site contains mature landscaping in the parking areas and along the front of the buildings. No changes are proposed to the exterior of the building with this application. The applicant wishes to occupy three suites, totaling 3,112 square feet, in a building located towards the rear of the site. The applicant will modify the interior space to accommodate the needs of the animal hospital / veterinary establishment. All activity on the site will be indoors, and the space will be climate- controlled and sound-proof. The hours of operation will be Monday through Saturday, 7:00 a.m. to 9:00 p.m., and Sunday, 9:00 a.m. to 5:00 p.m. The applicant anticipates having nine employees. KWP IBC, L.L.C. Agenda Item 3 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office use SURROUNDING LAND North: USE AND ZONING: South: East: West • Office-warehouse facility / I-1 Light Industrial District • Investors Place • Offices; coffee shop / I-1 Light Industrial District • Self-storage facility / I-1 Light Industrial District • Hotel / I-1 Light Industrial District NATURAL RESOURCE AND The site is almost entirely developed with one-story office CULTURAL FEATURES: buildings and associated parking lots. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, adjacent to the Pembroke Strategic Growth Area 4 Implementation Plan's Southern Corporate District (Pembroke SGA). 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 reinforcement of the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. The Plan states that in order to achieve the goal of preserving neighborhood quality, both new development and redevelopment should reflect the quality of the surrounding area or be an enhancement to the overall area. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Investors Place at this location is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. No Roadway CIP projects programmed for this street. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Investors Place No existing Not applicable Existing Land Use - traffic counts 36 ADT' available for Proposed Land Use 3 this roadwa 150 ADT' Average Daily Trips Zas defined by office use with 3,112 square feet 3 as defined b a veterina clinic / animal hospital with 3,112 s uare feet WATER: This site is already connected to City water. There is an existing 8-inch City water main along Investors Place. The existing 2-inch water meter (City TD #95012412) and the existing fire meter (City ID #95005241) can be used or upgraded to accommodate the proposed development. KWP IBC, L.L.C. Agenda Item 3 Page 2 SEWER: The site is already connected to City sewer which discharges to Pump Station #508. There is an existing 8-inch City gravity sanitary sewer main along Investors Place. There is an existing 8-inch City gravity sanitary sewer main located within a public utility easement on the southern and eastern sides of the property, and along the adjacent property to the north. EVALUATION AND RECOMMENDATION The request for an animal hospital within an existing business park is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. An animal hospital is compatible with the other uses on the site, and is consistent with the character of the surrounding area. The applicant proposes no change to the exterior of the building. All construction will be done to modify the existing suites to accommodate the use, particularly in regards to sound-proofing the space from adjacent units. The parking provided by the existing business park meets the requirements of sections 203 and 223 of the Zoning Ordinance. For the reasons stated above, Staff recommends approval of this request with the conditions below. CONDITIONS 1. The applicant shall submit a plan to the City Building Official indicating the measures to be incorporated into the interior of the building unit to ensure that the space being occupied is soundproofed from the adjacent building unit. Said soundproofing must be acceptable to the Building Official and Zoning Administrator and installed prior to a Certificate of Occupancy being issued. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department prior to the issuance of a Business License. CWP IBC, L:L.C. Agenda Itdm 3 Pabe 3 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 defailed site p/an 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 P/anning / Permits and /nspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmenfal Design (CPTED) concepts and strategies as they perfain to this site. ??I11P IBC, Agenda I'T-m 3 Page 4 .+? - , ? AERIAL OF SITE LOCATION KWP IBC, L.L.C. Agenda Item 3 Page 5 9k 2 $ C C .? ? J " , 1 . ;. E;1 W > 2 I= I I }'- ( ?i i i« ? SITE LAYOUT NP IBC, L.L.C. Agenda Item 3 Page 6 FRA\CIJ RFEVE BUILDINb 404- r-?JITCS 101, 102, 103 INDCPeNDENGC 5U5INE55 GENTER 3112 5F Parking Lot Side sccie: i/8"=i'-o" PROPOSED FLOOR PLAN r=-.:? P IBC, L.L.C. ' ,genda Item 3 Page 7 ! UNITS INCLUDED IN REQUEST KWP IBC, L.L.C. Agenda Item 3 ? Page 8 ' ROSE HALL TnZ 7" TTll" T T /- ? - , ?--? A'36* \ 62 J' C , 2 F'oZ`, + Jg B 3* °F?I.c? e?`o g- ,rm/ n vv r l" t.9 L.L.t ? ? /? . , ning with CondiUonuiProl/srs, Open Space Promotion CUP for Anima! Hospital / Veterinary Establishment ZONING HISTORY # DATE REQUEST ACTION 1 10/08/2013 Chan e of Zonin (A-18 to Conditional A-36 Ap roved 2 02/08/2011 Use Permit (Private School Ap roved 02/08/2011 Modification of Proffers and Conditions A roved 06/08/1994 Modification of Proffers and Conditions A roved 04/23/1991 Chan e of Zonin B-2 to B-3 A roved 3 05/12/2009 Use Permit (Reli ious Use A roved 4 09/14/2004 Modification of Proffers A proved 06/12/1996 Change of Zonin (0-2 to Conditional I-1) A roved 5 05/11/1999 Use Permit Automobile Repair Denied 6 10/29/1996 Use Permit (Hotel/Motel A roved 7 08/09/1995 Subdivision Variance A proved 8 07/07/1986 Chan e of Zonin R-8 to B-2) A roved 9 02/04/1985 Street Closure A roved ?I ? KWP IBC, L.L.C. Agenda Item 3 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: (Aftach Irst if necessary) KWP IBC, LLC - Partners are Chenosky Family Limited Partnership, Jamcooper LLC, James A. Gorgei Revocable Trust, Kamarek Family Limited Partnership, William G. Kamarek 2. List aU businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the appiicant: (Attach list if necessary) F? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No ? : If yes, what is the name of the official or employee and the nature of their interest? _-fih-i i i.e Pe.,.,14 e....?i..,?:.... ? 1 1 f ? J 1 ? I 1 ? DISCLOSURE STATEMENT KWP IBC, L:L.C. Agenda It"O'm 3 Page 10 ¦i ¦1 .4 ? ? ? ? ? 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) Martin & Martin Architecture Inc. to provide architectural Services. CM2 Construction Management will be retained to provide General Contracting Services. '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflid of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is othervvise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. y 41 r ? ? I if ? ? ? ? i ? ? ? ? ' ' ? ? CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notffication (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 undersigne also consents to entry upon the subject property by employees of the Department of Plannin o hotograph and vi the site for purposes of processing and evaluating this application. Adam Wight, KWP BC, LLC Aulhodzed Agent ApplicanYs Si nature Print Name Property Owner's Signature (if different than applicant) Print Name 1 DISCLOSURE STATEMENT KrWP IBC, L. Agenda Iti pag, .C. n3 11 Item #3 KWP, IBC, L.L.C. Conditional Use Permit 404 Investors Place District 3 Rose Hall November 12, 2014 CONSENT An application of KWP, IBC, L.L.C. for a Conditional Use Permit for an Animal Hospital / Veterinary Establishment on property located at 404 Investors Place, District 3, Rose Hall. GPIN: 14775071830404. CONDITIONS 1. The applicant shall submit a plan to the City Building Official indicating the measures to be incorporated into the interior of the building unit to ensure that the space being occupied is soundproofed from the adjacent building unit. Said soundproofing must be acceptable to the Building Official and Zoning Administrator and installed prior to a Certificate of Occupancy being issued. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department prior to the issuance of a Business License. A motion was made by Commissioner Hodgson and seconded by Commission Horsley to approve item 3. AYE 10 NAY 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE ABS 1 ABSENT 0 ABS By a vote of 10-0-1, with the abstention so noted, the Commission approved item 3 by consent. Blair Hollowell appeared before the Commission on behalf of the applicant. N m W Z Z a N N W V Z i a ? C O ir ? C O U 0 ... N ? Q ? ,C G O N v_ O ? ? G ?II t U e 0 d u m n H r m oa : ? ? ? G 0 ? ? 0 u ? 3 o? c "c N . ?y7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAVID C. & JUDITH L. MARTIN (Applicants & Owners), Chanqe of Zonina from AG-2 Agricultural to Conditional B-2 Community Business District. East side of Upton Drive between Old Dam Neck Road and Dam Neck Road (GPIN 2415741747). COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: December 9, 2014 ¦ Background: The applicant proposes to rezone 2.61 acres of AG-2 Agricultural District property to Conditional B-2 Community Business District for the purpose of developing the site with a child day care center. A day care center was previously approved for this site under the existing AG-2 zoning through approval of a Conditional Use Permit on May 23, 2006. That Use Permit, however, was never activated by the applicant. The current applicants are prepared to move forward with the development, and originally submitted an application for a Modification to the 2006 Use Permit containing a revised site plan and building elevations. However, the signage depicted on the submitted plan and elevations is not permitted in the AG-2 District without a variance from the Board of Zoning Appeals. That issue and other minor ones related to use of Agricultural zoning, led Staff and the applicant to agree on a Change of Zoning of the site to Conditional B-2 Community Business instead. Day care centers are allowed by- right in the B-2 District; therefore, the approval of this rezoning will eliminate the need for the Conditional Use Permit. ¦ Considerations: The site plan depicts a 9,600 square-foot day care center with an associated parking lot and drop-off/pick-up area. The building would be setback over 50 feet from Upton Drive, and a 5-foot high black aluminum fence would enclose the play area at the rear of the building. The site would be accessed from a proposed curb cut aligned with Pattington Circle across Upton Drive. The submitted elevations depict one-story building wrapped with "burnt orange" brick masonry and cream-colored Hardie0 panel, as well as a translucent Kalwall0 on the front fagade. The building-mounted signage depicts the Kiddie Academy logo just below the roof line, as well as a smaller company sign at eye level. Further details pertaining to site and building design, the operation of the facility, as well as Staff's evaluation, are provided in the attached staff report. There was opposition to the request. DAVID AND JUDITH MARTIN Page2of3 ¦ Recommendations: The Planning Commission, by a vote of 10-0-1, recommends approval of this request to the City Council with the proffers below. The proffers below include the deletion from the original Proffer 5 of "animal hospitals, veterinary establishments, pounds, shelters, and commercial kennels." Proffer 5 lists the only uses permitted on the property. Based on concerns expressed by a neighborhood representative at the Planning Commission hearing, the applicant agreed to the deletion of that use. PROFFER 1: When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF KIDDIE ACADEMY, Upton Drive, Virginia Beach, Virginia" prepared by MSA, P.C., dated 08/26/14, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan". PROFFER 2: The architectural design of the building depicted on the Site Plan will be as depicted on the exhibits entitled, "KIDDIE ACADEMY ELEVATIONS EXTERIOR" (A3.1) and "KIDDIE ACADEMY BUILDING RENDERINGS" (A3.3), prepared by lonic Dezign Studios, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: The monument sign and fencing depicted on the Site Plan will utilize the materials, colors, design and style substantially as depicted on the exhibit entitled, "KIDDIE ACADEMY SIGNAGE AND FENCING" (A3.4) prepared by lonic Dezign Studios which hasbeen exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 5: Only the following uses shall be permitted on the Property: (a) Childcare and childcare education centers; (b) Greenhouses and plant nurseries; and (c) Business offices and clinics. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing DAVID AND JUDITH MARTIN Page 3 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: )z_ '73? W21 PRINCE83 ANNE NIa t0 David C. & Judith L. Martin B2 i B2* S• A18' DAM .? NECK RD , AG2 ?o ` ..._. $ A1T` ?s , R10 >7_S Ltln AG2, S dn dB I AG2 , A12• AG$,? G 19_ `. R7.5• ? AG2. R10' R60" RW AG2 ? 'a?q wn carearc?, o- swn n_'m CMnpa ol ZoMnp !Al'i-2 to Conditlonal &IJ 7 November 12, 2014 Public Hearing APPLICANTS & PROPERTY OWNERS: DAVID C. & JUDITH L. MARTIN STAFF PLANNER: Graham Owen REQUEST: Chanqe of Zoninq from AG-2 Agricultural to Conditional B-2 Community Business District ADDRESS / DESCRIPTION: East side of Upton Drive between Old Dam Neck Road and Dam Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24157417470000 PRINCESS ANNE 2.61 acres 70 to 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant proposes to rezone 2.61 acres of AG-2 Agricultural District property to Conditional B-2 Community Business District for the purpose of developing the site with a child day care center. A day care center was previously approved for this site under the existing AG-2 zoning through approval of a Conditional Use Permit on May 23, 2006. That Use Permit, however, was never activated by the applicant. The current applicants are prepared to move forward with the development, and originally submitted an application for a Modification to the 2006 Use Permit containing a revised site plan and building elevations. However, the signage depicted on the submitted plan and elevations is not permitted in the AG-2 District without a variance from the Board of Zoning Appeals. That issue and other minor ones related to use of Agricultural zoning, led Staff and the applicant to agree on a Change of Zoning of the site to Conditional B-2 Community Business instead. Day care centers are allowed by-right in the B-2 District; therefore, the approval of this rezoning will eliminate the need for the Conditional Use Permit. DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 1 Details The site plan depicts a 9,600 square-foot day care center with an associated parking lot and drop-off / pick-up area. The building would be setback over 50 feet from Upton Drive, and a 5-foot high black aluminum fence would enclose the rear of the building for a play area. The site would be accessed from a proposed curb cut aligned with Pattington Circle across Upton Drive. Public Works/Traffic Engineering has required a right turn lane to handle the projected traffic entering the site, as well as a sidewalk along the entirety of the frontage. Both of these improvements are depicted in the submitted plan. A conceptual BMP is depicted in the southern portion of the parcel to collect stormwater from the parking lot. The parking lot would contain ultimately contain 44 spaces, although 5 of these spaces would be added at a later date. Also depicted on the plan are the required street frontage and interior parking lot landscaping, as well as a 15-foot Category IV landscaping buffer along the southern and eastern property lines to screen the development from the adjacent residences. A hedge of evergreen shrubs is depicted along the foundation of the front facade, as well as along the 5-foot high aluminum fence fronting Upton Drive. The submitted elevations depict one-story building wrapped with "burnt orange" brick masonry and cream-colored Hardie° panel, as well as a translucent Kalwall° on the front faCade. The building-mounted signage depicts the Kiddie Academy logo just below the roof line, as well as a smaller company sign at eye level. The north, south, and west elevations contain windows and doors trimmed with translucent Kalwall°, adding transparency to the facades and increasing the amount of natural light in the building. The elevations also show a copper metal mansard roof, which peaks at 20 feet. The elevations also show a five-foot high monument sign supported by brick columns matching the color and material used in the building. The proposed aluminum fence would also use brick columns at various junctions. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Empty lot with small-scale farming / AG-2 Agricultural District SURROUNDING LAND North: . Ocean Lakes Elementary School / R-10 Residential USE AND ZONING: District South: . Single-Family Homes / R-7.5 Residential District • Single-Family Home and small farm / AG-2 Agricultural District East: . Single-Family Homes / R-7.5 District West: . Condominiums / A12 Apartment District • Upton Drive NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Chesapeake Bay watershed. 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 DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 2 to the surrounding uses. (pp. 3-1 to 3-3) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The Comprehensive Plan's Master Transportation Plan and Major Street Network Ultimate Rights-of-Way classifies this section of Upton Drive, from Dam Neck Road to Princess Anne Road, as a Major Collector. This classification calls for a road design with an ultimate rights-of-way up to 100 feet to provide up to 4 lanes, undivided, shared use path and sidewalk and curb and gutter. There are currently no CIP projects scheduled for this section of Upton Drive TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Upton Drive 9,831 ADT 13,100 ADT (Level of Existing Land Use Service "C") - 0 ADT 20,700 ADT' (Level of Previous Land Use Service "E") per 2006 Use Permit - 674 ADTz Proposed Land Use 3 - 761 ADT Average Daily Trips Z as defined by "proposed day care center with 8,500 SF" 3as defined b" ro osed da care centerwith 9,600 SF" WATER AND SEWER: This site must connect to City water and City sewer. Analysis of Pump Station #603 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION This request to rezone the property to reconfigure the previously approved day care facility is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area with respect to commercial centers. The building, sign, and fence elevations submitted with this application are attractive and consistent with the Special Area Design Guidelines for Suburban Areas. The following Guidelines can be applied to this request. Site Landscapinq - Developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do not. Screening may include fences, walls, berms, hedgerows and massing of plant material. The conceptual plan depicts Category IV landscaping along the southern and eastern lot lines, which will buffer the use from the adjacent residential and agricultural properties. The plan depicts the required street front landscaping along Upton Drive, as well as the required landscaping for the parking lot interior and dumpster enclosure. Also, the plan depicts a hedge of evergreen shrubs along the 5-foot high DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 3 aluminum fence facing Upton Drive, which would provide an attractive landscaping amenity. Architectural Elements and Buildinq Materials - Building materials should be long-lasting, attractive, high quality and reflect the character of fhe area. The submitted elevations show a building wrapped with brick masonry and hardie panel, as well as a copper metal mansard roof. Staff believes that the elevations depict an attractive building made of durable materials, and that other features on the site, such as the fencing and monument sign, have been designed cohesively with the building. Parkinq - Parking areas should be located toward the rear of the site while buildings should be generally oriented to the front. Additionally, the parking area should be broken up into separate subareas to avoid the "sea of asphalt" appearance. While providing parking in the rear is generally considered to provide an enhanced streetscape, applying this principle for this particular site and use would necessitate the removal of the outdoor play area tucked behind the building, which is a positive feature on the site. Siqnaqe - All signs should be consistent in color and theme with the primary building. The elevations depict a monument sign constructed with the same materials used in the building. Also, the two signs depicted on the building are small in scale, and should be appropriate for the neighborhood. Outdoor LiQhtinq - All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacenf properties or into the sky. Proffer 3 addresses lighting, and states that all lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Summarv - The subject site and the property immediately to the southwest are the only remaining Agriculturally-zoned parcels in the immediate area, which has developed in a typical suburban residential fashion. The submitted proffers limit the uses permitted on the site to those associated with more limited business districts. However, rezoning the property to B-2 Community Business District, rather than B-1 Neighborhood Business District or B-1A Limited Community Business District, would allow the day care center to develop without a conditional use permit. Given that the applicant has proffered an acceptable site plan and building elevations with this rezoning request, staff believes that the Conditional B-2 zoning request accomplishes the same quality of development, and appropriateness of use, as that of a B-1A rezoning with accompanying use permit. Based on staff's evaluation of the request, as provided above, staff recommends approval of this request as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 4 acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF KIDDIE ACADEMY, Upton Drive, Virginia Beach, Virginia" prepared by MSA, P.C., dated 08/26/14, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan". PROFFER 2: The architectural design of the building depicted on the Site Plan will be as depicted on the exhibits entitled, "KIDDIE ACADEMY ELEVATIONS EXTERIOR" (A3.1) and "KIDDIE ACADEMY BUILDING RENDERINGS" (A3.3), prepared by lonic Dezign Studios, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: The monument sign and fencing depicted on the Site Plan will utilize the materials, colors, design and style substantially as depicted on the exhibit entitled, "KIDDIE ACADEMY SIGNAGE AND FENCING" (A3.4) prepared by lonic Dezign Studios which hasbeen exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 5: Only the following uses shall be permitted on the Property: (a) Childcare and childcare education centers; (b) Animal hospitals, veterinary establishments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air conditioned buildings; (c) Greenhouses and plant nurseries; and (d) Business offices and clinics. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The submitted proffers are acceptable. Proffer 4 limits the uses on the site to those that would be appropriate in a neighborhood setting, and therefore mitigates the potentially negative impacts that could occur if the property were rezoned uncondifionally fo 8-2 Community Business District. The City Attorney's Office has reviewed the proffer agreement dated October 10, 2014 and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to meet all applicab/e City Codes and Standards. Al/ applicable permits required by the City Code, including those administered by the Department of P/anning / DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 5 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 site. DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 6 ? -.Y??S ? 'a .• ? ? r ?. e ? L ?? ?.. r AERIAL OF SITE LOCATION DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 7 ? I ? ? , ? a. ? 'i , , ? PROPOSED SITE PLAN .11~ DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 8 i ? ? ; i i ? ?\//?? ;.•? :, . ::,. , _ ? ? t ? a ? ' wIW •:INLLY?6 ° r ryy//??//?? `? ?? • ? • ?s'JI.'dva9 c?sao2rdiv? 0 3art1??rJav ? ? ?i SO'nRlp 110l?L?/?Q Ji110 ? a ..., ..,.... ._. . u i W ?1 i? 3;adI eah?y ? 1 ? ? ti ?? ??I 9?$ ?' • !?] e7? 4 I ? : . , : ., ? . y 2 Q`yp ? e S.5 G? i t, ! ' t? ? 0 ?? ?,.9?? q'; ?^ ?J?:" --- • > P ?..? ? ? % fil i ? ----- t , u _ _._ _ - • i 7; ? -- ?_.__ ? ... ''. ?, _ ?. PROPOSED BUILDING ELEVATIONS DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 9 -- - - saN,aoNIs DNinma ? ,- ,n ?) ri? I a a A solpmsu6qap aluol z s aw]arar 310811 ? _- ---- ' ! ? I I ? ? 3 4D 4 i ? . II i PROPOSED BUILDING ELEVATIONS DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 10 PHOTOGRAPH OF SITE (looking southeast toward adjacent single-family residential) DAVID C. & JUDITH L. MARTIN Agenda Item 7 , Page 11 . Y??. . ?. ,- d . ae ?.?i ? PHOTOGRAPH OF SITE (looking north along eastern lot line) DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 12 ? .? ?` . y ?(r? PHOTOGRAPH OF SITE (looking south on Upton Drive - site is on left) DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 13 PRINCE55 ANNE i aIt - 'L• UaV1Q l.. 4L Jli(1ll.Il U. ivial uil ' B2 ? M A ( B2* A18* . DAM ." NECK RD .-.. ? r , ? ? 1,= , .. ,----- ? ,, AC? A12 * ;R10 (AG !?B L1?11 AGL•1NL !oning wiM Conditfons.Proflers. Open Space Promotion Change of Zoning (AG-2 to Conditiona! 8-2) ZONING HISTORY # DATE REQUEST ACTION 1 05/23/2006 Conditional Use Permit - Child Da care Ap roved 2 06/09/2009 Chan e to a Nonconformin Use A proved 3 02/10/2004 Conditional Change of Zoning - AG-2 Agricultural to R7.5 Residential District Approved 4 11/14/1995 Conditional Change of Zoning - AG-2 Agricultural and R-10 Residential to A-12 A artment District Approved r,l?{'Z;JIA • Bt;?r DAVID C. & JUDITH L. MARTIN Agenda Item 7 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 list if necessary) Oavid C. Martin & Judith L. Martin, husband and wife 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach /isf if necessary) F7/9 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis secfion only if property owner is different from applicanf. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following; 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. &` See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No FX? If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 15 y 14 ? ? ? ? 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) lonic Dezign Studios, Inc. _ J Sinclair Pratt Cameron ? ? i ? Coastal Engineering MSA, P.C. Sykes, Bourdon, Ahern & Levy, P.C. '"Parent-subsidiary relationship" means "a reiationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ? ? t ? ? Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entitiss share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to ph raph nd 'ew the site for urposes of processing and evaluating this applica6on. ! . ? David C. Martin Signature Owner's Signature (if different than applicant) Print Name Judith L. Martin Print Name DISCLOURE STATEMENT DAVID C. & JUDITH L. MARTIN Agenda Item 7 Page 16 Item #7 David C. & Judith L. Martin Page 2 PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 7: The hours of operation shall be Monday through Friday from 6:00 a.m. to 6:30 p.m., and Saturday from 8:00 a.m. to 3:00 p.m. A motion was made by Commissioner Horsley and seconded by Commissioner Russo to approve item 7. AYE 10 NAY 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE RU550 AYE THORNTON AYE WEINER AYE AB51 ABSENT 0 ABS By a vote of 10-0-1, with the abstention so noted, the Commission approved item 7. Judith Martin appeared before the Commission on behalf of the applicant. Daniel Orchard Hays appeared in opposition. [A • BE;?'-? o . . ,..... .. .. 2 1 y ? 2 1 ?s S OF °UR Npt?pN In Reply Refer To Our File No. DF-9180 TO: Mark D. Stiles FROM: B. Kay Wilson CIrI'Y OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: November 20, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; David C. & Judith L. Martin The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 9, 2014. I have reviewed the subject proffer agreement, dated October 10, 2014 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen DAVID C. MARTIN and JUDITH L. MARTIN, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this loth day of October, 2014, by and between DAVID C. MARTIN and JUDITH L. MARTIN, husband and wife, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: PREPARED BY: Q : SY1:ES. POi1I2IDON, gil Al3ERN & 3.wy, P.C. WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.61 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional B- 2 Commercial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 2415-74-1747-0000 Prepared by: R. Edward Bourdon, Jr., Esquire VSB #22ibo Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: ..: SYUES.I?OUItDOA'. ' il A3IrRN ? LEVI', P.C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of a.nd prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or -quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and I hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT &: LANDSCAPE PLAN OF KIDDIE ACADEMY, Upton Drive, Virginia Beach, Virginia", prepared by MSA, P.C., dated o8/26/14, which has been exhibited to the Virginia Beach. City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the building depicted on the Site Plan will be ass depicted on the exhibits entitled, "KIDDIE ACADEMY ELEVATIONS EXTERIOR" (A3.1) and "KIDDIE ACADEMY BUILDING RENDERINGS" (A3.3), prepared by Ionic Dezign Studios, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. The monument sign and fencing depicted on the Site Plan will utilize the materials, colors, design and style substantially as depicted on the exhibit entitled, "KIDDIE ACADEMY SIGNAGE AND FENCING" (A3.4) prepared by Ionic Dezign Studios 2 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 5. Only the following uses shall be permitted on the Property: (a) Childcare and childcare education centers; (b) Greenhouses and plant nurseries; and (c) Business off'ices and clinics. PREPARED BY: 010 Sl'Y:ES. ROLTRDON, ?? AURN & LL'vY. P.C. 6. The hours of operation of the child care education center are limited to 6:00 AM to 6:30 PM Monday through Friday and from 8:0o AM to 3:00 PM on Saturday. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Off'ice of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 3 (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the off'ice of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: affl SMS, PO[JItIDON, Wil AMN ? LLYY, K. 4 WITNESS the following signature and seal: Gra:Z- ? °x (SEAL) David C. Martin ??.cv ?'?'` (SEAL) Judith L. Martin ? ? -' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 14th day of October, 2014, by David C. Martin and Judith L. Martin, husband and wife, Grantor. .. J , ? Notary Public PREPARED BY: a, i SYKLS, tSOVPDON, ?'.j'il A111 RN & LB'Y. P.C. My Commission Expires: August 31, 2018 Notary Registration Number: 192628 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known and designated as "Parcel C" as shown on that certain plat entitled, "SUBDIVISION OF PROPERTY OF C.E. UPTON EST. AND MADLYN E. UPTON, DB 2324/1471; DB 1402/121", which said plat is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2396, at Page 513 and 513A. GPIN: 2415-74-1747-0000 H:\AM\Conditional Rezoning\Martin\Upton Drive\Proffer Agreement.doc PREPARED BY: Q. i SVU5, DOURDON. dil AI1ERN $c'LM. ID.C. 6 ;f. APPOINTMENTS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD - CSB HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PLANNING COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS 1. ABSTRACT OF VOTES - GENERAL ELECTION - November 4, 2014 City Clerk to record 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 2/9/ 14/st 2014 CITY HOLIDA YS Cltristrnns Eve (ha(f-(Irrr) - Jt'edriesdrr),, t?eeentber 24 (frrrsfnaas 1)u1, - TJtur:cdav, Decenrber 25 DuY :IJter Cliristrrur.s, Frirlrrv, I)ecerriber 36 CITY COUNCIL WINTER RETREAT Broek Environmerttal Center 3663 Marlin Bay Drive Bayside District February 5-6, 2015 8:30 AM to S: 00 PM ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, United States Senate NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FlGURES) Ed W. Gillespie - Republican 54602 Mark R. Warner - Democrat 49218 Robert C. Sarvis - Libertarian 2863 Total Write-In votes [From Write-Ins Certifications] 61 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the United States Senate. Ed W. Gillespie - Republican Given under our hands this /o? day of /l??i,??,/?? ,?/-? Chairman Eo SE , Vice C Eleci al I hairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November Generai Election held on November 04, 2014 for, Member House of Representatives District: 02 NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) E. Scott Rigell - Republican 64615 Suzanne D. Patrick - Democrat 41228 Totai Write-In votes [From Write-Ins Certifications] 169 [Valid Write-Ins + Invalid Write ins = Total Write In Votes] Total Number of Overvotes for Office 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Cierk of the Circuit Court of the election held on November 04, 2014, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the Member House of Representatives. E Scott Rigell - Republican Given under our hands this day of i'???e?r?,??? ,??/?_ Chairman ? Elec tor 1 ? Bo ard Se sl , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia at the November 4, 2014 Special Election, for: PROPOSED CONSTITUTIONAL AMENDMENT QUESTION: Shall Section 6-A of Article X(Taxation and Finance) of the Constitution of Virginia be amended to allow the General Assembly to exempt from taxation the real property of the surviving spouse of any member of the armed forces of the United States who was killed in action, where the surviving spouse occupies the real property as his or her principal place of residence and has not remarried? TOTAL VOTES RECEIVED (IN F/GURES) 83707 Yes .............. No 13557 Total Number Of Overvotes For Question 0 We, the undersigned Electoral Board, upon examination of the officia/ records deposited with the C/erk of the Circuit Court of the election held on November 4, 2014, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed constitutional amendment. Given under our hands this 90th day of November, 2014. A copy teste: Electoral Board Seal , Chairman ce Chairman , Secretary ctora! Board ? r) ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - At Large NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) M.Ben Davenport 47853 John D. Moss 47659 Brad D. Martin 39032 George Furman III 11867 Total Write-In votes [From Write-Ins Certifications] 971 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 6 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the foliowing person(s) has received the greatest number of votes cast for the Member City Council - At Large. 1. M. Ben Davenport 2. John D. Moss Grven under our hands this /A day of jd/ Chairman ileC tGT81 ?7 so ard JE'ill , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Bayside NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (!N FlGURES) Louis R. Jones 68256 Total Write-In votes [From Write-Ins Certifications] 1586 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Bayside. Louis R. Jones Given under our hands this AIA-M day of A4 , Izz- Z??r..., ' _ CLJL?_'_? , Chairman Electorai ? Boasd ? seal , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Beach NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) John E. Uhrin 69462 Total Write-In votes [From Write-Ins Certifications] 1738 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 1' We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Beach : John E. Uhrin Given under our hands this /to is day of 1? o-, , Chairman Electoral ? Eowa ? , S ` Seal ti ,S ce Chairman ecretary ecretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Lynnhaven NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) James L. "Jim" Wood 69560 Total Write-In votes [From Write-Ins Certifications] 1396 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Cierk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Lynnhaven. James L. "Jim" Wood Given under our hands this /W??L day of ,? L?, G-- Chairman Drc?L , Vice C hairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Princess Anne NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Barbara M. Henley 65092 Pieri E. Burton 19741 Total Write-In votes [From Write-Ins Certifications] 717 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Princess Anne. Barbara M. Henlev Given under our hands this 140A day ofA6 ,? CLe- Q _ C)U-4? . Chairman j El?ot?r?l ti Board x? sEal ?ice Chairman Secretary Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member City Council - Rose Hall NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Shannon D.S.Kane 37415 Stephen A. Johnston 13559 Beatrice R. "Petey" Browder 13424 James D. Cabiness II 13034 Total Write-in votes [From Write-Ins Certifications] 365 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 21 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member City Council - Rose Hall. Shannon D. S. Kane Given under our hands thrs day of fw? Ct_ Chairman Elect?r?l Br ?l ? Seal ?? Vice Chairman Secretary Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - At Large NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Dorothy M. "Dottie" Holtz 34749 Ashley K. McLeod 30823 Robert N. "Bobby" Melatti . 28261 Alvenia F. LeBoeuf 18146 Osmay Torres 15528 Gregg S. O'Neil . 12182 Total Write-In votes [From Write-Ins Certifications] 579 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 5 We, the undersigned Electoral Board, upon examination of the officiai records deposited with the Clerk of the Circuit Court of the election heid on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - At Large. 1 Dorothy M. "Dottie" Holtr 2 AshlekK. McLeod Given under our hands this 0A_ day of 2 , PA! , Chairman ? Electoral .?? Board SE a1 N '-_ , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - Bayside NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECElVED (lN FIGURES) Carolyn D. Weems 53625 Clenise R. Platt 26160 Total Write-in votes [From Write-Ins Certifications] 273 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - Bayside. Carolyn D. Weems Given under our hands this 44!_ day of ? G. Chairman Elector-dl BG 87d SE al ? , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - Beach NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Sharon R. Felton 47325 Samuel G. "Sam" Reid 30408 Total Write-In votes [From Write-Ins Certifications] 297 [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - Beach. Sharon R. Felton Given under our hands this 9% day of ! ?, 1.4 Chairman Vice Chairman E1?cVra1 ? Eo ard sFdl .,, ? Sty- , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - Lynnhaven NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Carolyn T. Rye 33493 Michael D. Kelly 33271 Gregg P. Strangways 9242 Totai Write-In votes [From Write-Ins Certifications] 274 [Valid Write-{ns + Invalid Write ins = Total Write In Votes] Total Number of Overvotes for Office 8 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - Lynnhaven. CarolXn T. Rve , Given under our hands this /Q? day of 4ftmAbire ? R Chairman El?c D?rxl Boa?l Se al , Vice Chairman , Secretary , Secretary, Electoral Board ABSTRACT of VOTES Cast in VIRGINIA BEACH CITY, VIRGINIA at the 2014 November General Election held on November 04, 2014 for, Member School Board - Princess Anne NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Kimberly A. Melnyk William J. "Bill" Brunke Frances Knight Thompson Total Write-In votes [From Write-Ins Certifications] [Valid Write-Ins + Invalid Write_ins = Total Write In Votes] Total Number of Overvotes for Office 29379 28147 20301 276 6 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 04, 2014, do herby certify that the above is a true and correct Abstract of Votes at the said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the Member School Board - Princess Anne. Kimberiy A. Melnvk Given under our hands this day of?8j['!p2jjW , k4_ Chairman ? ? El?c tarxl Bo s? Seal ; Vice Chairman , Seceetary , Secretary, Electoral Board