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Home My WebLink AboutFEBRUARY 8, 2005 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Baystdc - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERTM. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARDA. MADDOX, Beach -District 6 JIMREEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY MLSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K SPORE CITY ATTORNEY- LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, WC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 8 February 2005 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30PAt A. EMERGENCY RESPONSE SYSTEM Edward Brazle, Division Chief, Emergency Medical Services B. PORTABLE ON DEMAND STORAGE (PODS) REGULATIONS Karen Lasley, Zoning Administrator, Department of Planning C. FIRST ANNUAL PATRIOTIC SALUTE AND CELEBRATION James B. Ricketts, Administrator, Convention and Visitor Center II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 430PAL A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00PIV1 A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Barnett Thoroughgood New Jerusalem Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 1, 2005 G. AGENDA FOR FORMAL SESSION H. PRESENTATION 1. ECONOMIC DEVELOPMENT Donald A. Maxwell, Director, Economic Development I. PUBLIC HEARING 1. ELECTION PRECINCT CHANGES: a. BAKER: from Heritage United Methodist Church to Ebenezer Baptist Church b. ARROWHEAD: Carrow Baptist Church (for temporary use on June 14, 2005) J. CONSENT AGENDA K. L. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to TRANSFER approximately 11.76 acres on Bonney Road to the Virginia Beach Development Authority; AUTHORIZE all necessary documents to be properly executed; and, the Authority to DISPOSE of this property for economic development purposes plus a public pedestrian and other trail sytems. 2. Ordinance to AMEND Chapters 1-2, 6-3, 6-5, 6-10, 6-30, 6-114 and 31-28 of the City Code re the definition of "resort season". Deferred January 4, 2005 Deferred January 11, 2005 RECOMMENDATION Council Member Requests Deferral to March 8, 2005 3. Ordinance to AMEND and REORDAIN § 10-1 of the City Code to change the election polling place for the Baker Precinct from Heritage United Methodist Church to Ebenezer Baptist Church; and, the Arrowhead Precinct will temporarily remain at Carrow Baptist Church. 4. Ordinance to AMEND the City's Open Air Caf6 regulations to establish guidelines and allow sidewalk cafes between 15t' and 24ffi Streets on Atlantic Avenue. 5. Ordinance to RATIFY amendments to the Parks and Recreation Commission Bylaws to expand their membership to include two students with voting privileges; change the annual date of reporting to City Council from January to November; and, redefining a quorum. 6. Ordinance to ESTABLISH a Capital Improvement Project (CIP) for the acquisition of the 9t' Street Garage; and, APPROPRIATE $9,750,000 to the Development Authority for this acquisition and establishing the funding source. 7. Resolution to AUTHORIZE the City to partner with the South African Cities Network (SCAN) through the International City/County Management Association (ICMA) for economic development purposes. 8. Resolution to delineate City Council's DECLINE for further consideration re Item 10 of the AICUZ Task Force's "JLUS Outcomes —Suggested Discussion Points" re voluntary purchase of property in the Accident Potential Zone 1. PLANNING 1. Application of ENTERPRISE RENT -A -CAR for a Conditional Use Permit re motor vehicle rentals at 3809 Princess Anne Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of AT ASSOCIATES, L.L.P. for a Conditional Use Permit re motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard. DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 3. Application of HERITAGE MOTOR CO., INC. for a Conditional Use Permit re motor vehicle sales at 5173 Shore Drive. DISTRICT 4 — BAYSIDE TKO U_OV10Ol0 .- elH APPROVAL 4. Application of FF ACQUISITIONS, L.L.C. for a Conditional Use Permit re fuel sales at 2129 General Booth Boulevard. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL Application of JEFFREY P. KNIGHT for a Conditional Use Permit re a home occupation (saltwater hobbyist — design and sale of related items) at 697 Masefield Circle. DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 6. Application of CITY OF REFUGE CHRISTIAN CHURCH for a Conditional Use Permit re a child care education center at 3420 Holland Road, Suites 103-105. (DISTRICT 3 — ROSE HALL) DEFERRED November 23, 2004 RECOMMENDATION: APPROVAL 7. Applications of CITYVIEW ONE, L. L. C. at Bonney Road and Bendix Roads DISTRICT 5 — LYNNHAVEN a. Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District b. Conditional Use Permit for multi -family dwellings, grocery stores, carry -out food stores and convenience stores DEFERRED January 11, 2005 RECOMMENDATION: APPROVAL 8. Application of GENERAL BOOTH STORAGE, INC. for the Modification of Conditions to allow expansion of a mini -warehouse facility (approved by City Council on October 9, 2001 and June 11, 2002) at General Booth Boulevard and Dam Neck Road. DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 9. Ordinances to AMEND: a. the Agricultural Reserve Program" (ARP) § 6 of the Agricultural Lands Preservation Ordinance re the "Area of Applicability" to encourage use of the entire Transition Area b. the Comprehensive Plan re Open Space/Recreation for the Transition Area RECOMMENDATION: APPROVAL 10. Ordinance to AMEND and REORDAIN § 111 of the City Zoning Ordinance (CZO) to define portable storage containers (PODS); and, ADD § 208 to regulate the use and placement of these containers. RECOMMENDATION: M. APPOINTMENTS Community Policy and Management Team — CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Towing Advisory Board N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: VIRGINIA RELAY at 1-800-828-1120 Agenda 02-08-2005\gw www.vbgov.com APPROVAL Or alroolittl4"Ott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. PUBLIC HEARING CHANGING POLLING LOCATIONS FOR THE BAKER PRECINCT AND THE ARROWHEAD PRECINCT CITY OF VIRGINIA BEACH The City Council of Virginia Beach, Virginia at its formal session on February 8, 2005, at 6:00 P.M., will consider an ordinance to change the polling place for the Baker Precinct and the Arrowhead Precinct. The ordinance proposes that the Baker Precinct polling place be moved from Heritage United Methodist Church at 715 Baker Road, which is no longer available to use as a polling location, to Ebenezer Baptist Church at 873 Baker Road. It further proposes that the Arrow- head polling place remain temporarily moved to Carrow Baptist Church at 5545 Susquehanna Drive for the June 14, 2005 Party Primary due to unfinished parking facility construction at Arrowhead Elementary School at 5549 Susquehanna Drive.. After adoption by City Council and following approval by the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended, the Baker Precinct and Arrowhead Precinct polling location changes will be effective beginning with the June 14, 2005 Party Primary. Descriptions and maps of the precinct boundaries and polling place changes, as well as a copy of the aforesaid ordinance, may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach, Virginia, 23456. The public hearing will be conducted in the City Council Chamber of the Administration Building (Building#1) at the Municipal Center. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303; Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deal. Beacon Jan. 20 & 27, 2005 12598164 y�v,g S5 �JsS�w "�•°yy, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to transfer certain property to the Virginia Beach Development Authority MEETING DATE: February 8, 2005 ■ Background: The City of Virginia Beach (the "City") is the owner of certain real property located on Bonney Road in the City of Virginia Beach comprised of approximately 11.76 acres (the "Property") as depicted on Exhibit A attached hereto. Tidewater Builders Association ("TBA") has indicated that it desires to relocate its headquarters to Virginia Beach and is interested in purchasing the Property on Bonney Road. ■ Considerations: The City desires to transfer the Property to the City of Virginia Beach Development Authority (the "Authority") for economic development purposes to enable the Authority to sell the Property to TBA for $1,200,000 for the construction of its headquarters facility. The Authority is directed to use the proceeds from such sale to reimburse TBA for (i) site development costs in connection with the headquarters facility TBA plans to develop and construct on the Property and (ii) outfitting of the Trades Academy building TBA plans to construct upon the Property as part of the project. Following the sale of the Property to TBA, TBA shall grant a perpetual easement to the City to allow the City to construct and maintain a pedestrian and other trail system pursuant to the Thalia Creek Greenbelt and Trails Project. ■ Public Information: Public Information for this item will be handled through the normal Council agenda process. ■ Alternatives: Approval is necessary to allow the Authority to enter into the transaction with TBA for the timely implementation of the TBA project. ■ Recommendations: Approval by City Council allowing the transfer of property to the Virginia Beach Development Authority. ■ Attachments: Ordinance Recommended Action: Approval of attached ordinance Submitting Department/Agency: Economic Development City Manager: F:\Data\ATY\OID\R STATE\Commercial Projects\Branwick\TBA Agenda Request.doc 1 2 3 4 5 6 9 10 11 12 13 14 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER CERTAIN PROPERTY TO THE VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, the City of Virginia Beach is the owner of approximately 11.76 acres of real property located on Bonney Road in the City of Virginia Beach more particularly described on Exhibit A attached hereto (the "Property"); WHEREAS, Tidewater Builders Association has indicated its intention to relocate its headquarters to Virginia Beach, Virginia; and WHEREAS, the City desires to transfer the Property to the City of Virginia Beach Development Authority for economic development purposes to enable the City of Virginia Beach Development Authority to sell the Property to TBA for $1,200,000 for the construction of its 15 headquarters facility. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 1. The City Manager is authorized to convey the approximately 11.76 acres of 19 real property located on Bonney Road in the City of Virginia Beach more particularly described on 20 Exhibit A attached hereto (the "Property") to the City of Virginia Beach Development Authority 21 (the "Authority"). 22 2. The City Manager and the City Attorney are authorized to prepare all 23 documents that may be necessary or appropriate to effect the transfer of the Property to the 24 Authority. 25 3. The City Manager or his designee is authorized to execute all necessary 26 and appropriate documents of transfer so long as such documents are acceptable to 27 the City Manager and the City Attorney and are consistent with the terms of this 28 Ordinance. 29 4. The Property is being transferred to the Authority for the purpose of allowing 30 the Authority to sell the Property for economic development purposes to Tidewater 31 Builders Association ("TBA") for $1,200,000. The Authority is directed to use the 32 proceeds from such sale to reimburse TBA for (i) site development costs on the Property 33 and (ii) outfitting of the Trades Academy building. Following the sale of the Property to 34 TBA, TBA shall grant a perpetual easement to the City of Virginia Beach (the "City") to 35 allow the City to construct and maintain a pedestrian and other trail system pursuant to 36 the Thalia Creek Greenbelt and Trails Project. 37 5. This Ordinance shall be effective from the date of its adoption. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the , 2005. CA9478 R-1 February 3, 2005 Approved as to Legal Sufficiency: Ci mey day of EXHIBIT A ALL THAT certain lot, piece or parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL-1, GPIN: 1477-52-4516 TOTAL AREA 512.430 SF OR 11.764 ACRES" as shown on that certain plat entitled "RESUBDIVISION PLAT OF EMELINE DAUGHTREY PROPERTY `PROPERTY SURVEY OF C. W. MILLER PROPERTY' (MB 69, PG 32) AND PARCEL Al `PROPERTY OF GEORGE E. PEACE, ET AL' (MB 257, PG 40) AND LOT A, LOT B, LOT C & LOT D `PROPERTY OF COBO CORPORATION' (MB 114, PG 44) VIRGINIA BEACH, VIRGINIA", dated April 19, 2001, Scale: 1" = 100', prepared by MSA, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Map Book 298, at pages 9-13, to which reference is made for a more particular description. -40- Item V-J.1. ORDINANCES ITEM # 53445 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of February 8, 2005: Ordinance to AMEND Chapters 1-2, 6-3, 6-5, 6-30, 6-114 and 31-28 of the City Code re the definition of "resort season". (Deferred January 4, 2005) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2005 -34- Item V-I.4. RESOLUTIONS/ORDINANCES ITEM # 53414 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of January 11, 2005: Ordinance to AMEND Chapters 1-2, 6-3, 6-5, 6-30, 6-114 and 31-28 of the City Code re the definition of resort season Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox, Ron A. Villanueva and Rosemary Wilson January 4, 2005 M/ CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Amend Sections 1-2, 6-3, 6-5, 6-10, 6-30, 6-114, and 31-28 of the City Code Pertaining to the Definition of Resort Season MEETING DATE: February 8, 2006 ■ Background: This proposed ordinance, which would establish a uniform definition of the term "resort season," has previously been on the City Council's January 4th and 11th agendas. At the meeting on the 11th, action was deferred to address concerns about the effect of the ordinance on persons who wish to bring their animals to the resort beach. ■ Considerations: Councilmember Richard Maddox has requested that this matter be deferred once again to develop proposals that will address the concerns. ■ Recommendations: Deferral of Ordinance to March 8, 2005. Recommended Action: Deferral of Ordinance Submitting Department/Agency: Councilmember Richard Maddox City Manager: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain Section 10-1 of the City Code by Changing A Polling Place Location MEETING DATE: February 8, 2005 ■ Background: Baker Precinct currently located at Heritage United Methodist Church at 715 Baker Road is no longer available to use as a polling location so it will need to be moved to Ebenezer Baptist Church located at 873 Baker Road. Due to unfinished parking facilities, the Arrowhead Precinct at Arrowhead Elementary School will need to remain a temporary polling location at Carrow Baptist Church for the June 14, 2005 Party Primary. Carrow Baptist Church is next door to Arrowhead Elementary School at 5545 Susquehanna Drive. The Virginia Beach Electoral Board voted on January 4, 2005 to approve these polling locations. ■ Considerations: New Baker Precinct polling location provides for larger parking facilities, more voting room and improved handicapped facilities. For the Arrowhead Precinct, Carrow Baptist Church is the only other building available in this area. No boundaries or redistricting will be needed. This change will become effective upon approval by the U.S. Department of Justice pursuant to the Voting Rights Act of 1965, as amended beginning with the June 14, 2005 Party Primary. ■ Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of this proposed change was published in the newspaper once a week for two consecutive weeks. All voters in the precinct will receive new voter cards with the name and address of the new polling location. An advertisement will be placed in the newspaper prior to the Party Primary to be held June 14, 2005. ■ Alternatives: None ■ Recommendations: Adopt the proposed change. ■ Attachments: None Recommended Action: Submitting Department/Agency: Pat Harrington, Acting Voter Registrar .41 17i-tlu City Manager: F-"66wt HAPA\GG\ORDRES\ARr-001oc 1 AN ORDINANCE TO AMEND AND REORDAIN CITY CODE 2 SECTION 10-1 BY MOVING THE POLLING PLACE FOR 3 THE BAKER PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 10-1. Establishment of precincts and polling places. 13 There are hereby established in the city the following 14 precincts and their respective polling places, as set forth below: 15 Precinct Polling Place 16 Alanton Alanton Elementary School 17 Aragona Kemps Landing Magnet School 18 Arrowhead Carrow Baptist Church 19 Avalon Avalon Church of Christ 20 Baker at __ H-ra-Tt-�--.-ram HeEita .� Met edi s--�'�_ 21 Ebenezer Baptist Church 22 Bayside Bayside Elementary School 23 Bellamy Salem Middle School 24 Blackwater Blackwater Fire Station 25 Bonney Center for Effective Learning 26 Brandon Brandon Middle School 27 Brookwood Brookwood Elementary School 28 Buckner Holy Spirit Catholic Church 29 Cape Henry Research and Enlightenment Building 30 (Edgar Cayce Library) 31 Capps Shop Back Bay Christian Assembly 32 Centerville Centerville Elementary School 33 Chesapeake Beach Bayside Baptist Church 34 College Park College Park Elementary School 35 Colonial Colonial Baptist Church 36 Colony Lynnhaven Colony Congregational 37 Church 38 Corporate Landing Corporate Landing Middle School 39 Courthouse Courthouse Fire Station 40 Creeds Creeds Fire Station 41 Cromwell Salem United Methodist Church 42 Culver Ocean Lakes High School 43 Dahlia Green Run High School 44 Davis Corner Bettie F. Williams Elementary School 45 Eastern Shore Eastern Shore Chapel 46 Edinburgh St. Aidan's Episcopal Church 47 Edwin Kempsville Recreation Center 48 Fairfield Kempsville Presbyterian Church 49 Foxfire Princess Anne Middle School 50 Glenwood Glenwood Elementary School 51 Great Neck All Saints Episcopal Church 52 Green Run Green Run Elementary School 53 Holland Holland Elementary School 54 Homestead Providence Presbyterian Church 2 55 Hunt Princess Anne Recreation Center 56 Indian Lakes Indian Lakes Elementary School 57 Kings Grant St. Nicholas Catholic Church 58 Kingston Kingston Elementary School 59 Lake Smith Bayside Church of Christ 60 Landstown Landstown Community Church 61 Larkspur St. Andrews United Methodist Church 62 Linkhorn Virginia Beach Community Chapel 63 London Bridge London Bridge Baptist Church 64 Lynnhaven Grace Bible Church 65 Magic Hollow Roma Lodge No. 254 66 Malibu Malibu Elementary School 67 Manor Providence Elementary School 68 Mt. Trashmore Windsor Woods Elementary School 69 North Beach Galilee Episcopal Church 70 Ocean Lakes Ocean Lakes Elementary School 71 Ocean Park Bayside Community Recreation Center 72 Oceana Scott Memorial United Methodist 73 Church 74 Old Donation Old Donation Center for Gifted 75 Pembroke Pembroke Elementary School 76 Plaza Lynnhaven Elementary School 77 Pleasant Hall Kempsville Baptist Church Pleasant 78 Hall Annex 79 Point O'View Kempsville Church of Christ 3 80 Red Wing Birdneck Elementary School 81 Reon Woodstock Elementary School 82 Rock Lake Salem Elementary School 83 Rosemont Forest Rosemont Forest Elementary School 84 Roundhill Salem High School 85 Rudee Virginia Beach Volunteer Rescue 86 Squad Building 87 Seatack Seatack Community Recreation Center 88 Shannon Church of the Ascension 89 Shelburne Christopher Farms Elementary School 90 Shell Unity Church of Tidewater 91 Shelton Park Shelton Park Elementary 92 Sherry Park St. Matthews Catholic Church 93 Sigma Red Mill Elementary School 94 South Beach Contemporary Art Center of Virginia 95 Stratford Chase Community United Methodist Church 96 Strawbridge Strawbridge Elementary School 97 Tallwood Tallwood Elementary School 98 Thalia Thalia Elementary School 99 Thoroughgood Independence Middle School 100 Timberlake White Oaks Elementary School 101 Trantwood Virginia Beach Christian Church 102 Upton St. John the Apostle Catholic Church 103 Village Thalia Lynn Baptist Church 104 Windsor Oaks Windsor Oaks Elementary School 4 105 Witchduck Bayside Presbyterian Church 106 Wolfsnare Virginia Beach Christian Life Center 107 Central Absentee Agriculture/Voter Registrar Building 108 Voter Precinct 109 Adopted by the City Council of the City of Virginia Beach, 110 Virginia, on this day of February, 2005. CA-9491 GG/ordres/proposed/10-lord.doc R3 - January 26, 2005 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Voter egistrar City Attorn Office 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Revise the City's Open Air Cafe Regulations to Authorize Atlantic Avenue Sidewalk Cafes between 151h and 24th Streets and Establish Criminal Penalties for the Failure to Comply with Orders Closing or Revoking the Franchises for Such Cafes MEETING DATE: February 8, 2005 ■ Background: In 1985, the City Council, upon the recommendation of City staff and the Resort Advisory Commission, authorized the City Manager to promulgate Open Air Cafe Regulations. Since then, additional revisions to the Regulations have been made as the cafes have continued to evolve and grow as an amenity in the Resort Area. Last summer, a pilot program to permit open air cafes between 15th and 24th streets, under strict conditions, was initiated. ■ Considerations: The proposed revisions to the Regulations would delete the current prohibition on outdoor cafes on Atlantic Avenue between 15th and 24th Streets, and establish guidelines for cafes to be permitted to operate in this area. These revisions retain the strict operating rules established in the pilot program. The RAC has endorsed this proposal, as well as the proposed regulations. The proposed ordinance to approve the Regulations also establishes criminal penalties for cafe owners or operators who do not comply with orders closing cafes or revoking cafe franchise agreements. ■ Public Information: This item will be publicized as part of the City Council's agenda ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Proposed Regulations Recommended Action: Approval Submitting Department/Agency: Virginia Beach Convention and Visitors Bureau City Manager: H:\PA\GG\ORDRESWRF s\o nairregsarf.doc 1 AN ORDINANCE TO AMEND THE CITY'S 2 OPEN AIR CAFE REGULATIONS TO 3 AUTHORIZE ATLANTIC AVENUE SIDEWALK 4 CAFES BETWEEN 15TH AND 24TH STREETS 5 AND ESTABLISH CRIMINAL PENALTIES 6 FOR THE FAILURE TO COMPLY WITH 7 ORDERS CLOSING OR REVOKING THE 8 FRANCHISES FOR SUCH CAFES 9 10 WHEREAS, by resolution adopted November 15, 1985, City 11 Council authorized the City Manger to promulgate Open Air Caf6 12 Regulations, which have been amended, from time to time, to 13 address concerns and issues that have arisen during the 14 operation of these cafes; 15 WHEREAS, these Regulations have, to date, prohibited 16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; 17 WHEREAS, a pilot program permitting sidewalks cafes in 18 this area was conducted during the summer of 2004; and 19 WHEREAS, after the success of this pilot program, a 20 modification to the Regulations that would permit sidewalk cafes 21 on Atlantic Avenue between 15th and 24th Streets has been 22 proposed. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 1. That the City Manager is hereby authorized to 26 amend the Open Air Caf6 Regulations to permit sidewalk cafes on 27 Atlantic Avenue between 15th and 24th Streets, as detailed in the 28 proposed revisions presented to the City Council. 29 2. That any owner, operator or employee of an open 30 air cafe located on Atlantic Avenue between 15th and 24th Streets 31 who willfully fails or refuses to comply with a lawful order of 32 a public safety official of the City of Virginia Beach to close 33 such open air cafe immediately or at such later time as may be 34 directed by such public safety official, for reasons of crowd 35 control, unruly behavior either within the establishment or in 36 nearby areas or for other reasons related to preservation of 37 public safety or public order, shall be guilty of a misdemeanor 38 punishable by confinement in jail for not more than thirty (30) 39 days and a fine of not more than One Thousand Dollars ($1,000), 40 either or both. 41 3. That, upon revocation or suspension by the City 42 Manager of a franchise to operate an open air cafe on Atlantic 43 Avenue between 15th and 24th Streets, any owner or operator 44 failing to comply with the order of the City Manager revoking or 45 suspending such a franchise shall be guilty of a misdemeanor 46 punishable by confinement in jail for not more than thirty (30) 47 days and a fine of not more than One Thousand Dollars ($1,000), 48 either or both. HI 4 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia, on the day of CA-9487 OID/ordres/openairregsord.doc R-5 January 24, 2005 2005. APPROVED AS TO CONTENT: Virginia Beach Convention and Visitors Bureau APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' Office 3 REVISED RESORT OPEN AIR CAFE REGULATIONS SECTION 1. GENERAL PURPOSE Rev. 02/08/05 1. The Resort Open Air Cafe regulations are for the RT-1, RT-2, and RT-3 zoning districts located in the resort area specifically identified as adjacent to the Boardwalk, Connector Parks, Atlantic Avenue, or Atlantic Avenue side streets. The regulations are designed to encourage cafes where they are appropriate, and promote an ambiance conducive to public health, safety, general welfare, and would serve as a public amenity. These general goals include, among others, the following specific purposes: LLA To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk, Connector Parks, Atlantic Avenue sidewalks, and Atlantic Avenue side streets. 1.1.11 To preserve and enhance the character of the resort area. LLC To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. LLD To establish administrative and enforcement procedures for Open Air Cafes that are effective, efficient, and enforceable. 1.1.E To promote the construction of lightweight removable structures and the most desirable use of public property. Materials permitted for use in cafe construction are indicated in Section 5, "Cafe Requirements". The structure must be dismantled easily and not permanently attached to adjacent building. SECTION 2. DEFINITIONS 2.1 Resort Open Air Cafe is an outdoor restaurant directly adjoining an existing restaurant facility in the RT-1, RT-2 or RT-3 Zoning District which is exempt from additional off-street parking requirements. Cafes are franchised to operate on public property and are required to provide waiter and waitress full table service in a specific semi -enclosed space as described herein. No portion of an Open Air Cafe shall be used for any purpose other than dining or related circulation. Cafes must have direct access to the host restaurant. All cafes and the required adjacent/operating business will meet all ADA Standard disability access requirements (including rest room facilities). There are four types of cafes. 2.1.A Cafe employees shall not prepare or pour alcoholic beverages for delivery or sale to patrons within any category A, B, C, or D cafe; provided, however, that L patrons may consume alcoholic beverages in these cafes in compliance with state regulations. 2.1.B Solicitation of any type, as described in Section 26-3 of the City code, from any caf6 will result in immediate termination of franchise agreement. Category A - Boardwalk Cafe. A resort open airiboardwalk caf6 is located on public property facing the boardwalk in the RT-1 zoning district. Category B - Connector Park Cafe. A resort connector park caf6 is to be located on public property in a Connector Park in the RT-1 zoning districts. The Caf6 is not to extend East of the building's property line. Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue sidewalk caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes not permitted between I 4�4t t A41n„tin A. „..n Category D - Atlantic Avenue Side Street Cafe. A resort side street caf6 is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category E - Atlantic Avenue Sidewalk Cafe-15' to 241" Streets. An Atlantic Avenue-15 to 24 Streets sidewalk cafe is to be located on the uublic SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFE PROGRAM 3.1 Fast Food Establishments. An establishment franchised or otherwise that offers quick food service of items already prepared and held for service, or prepared, fried, griddled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served from a counter in disposable wrapping or containers, exclusive of full waiter/waitress table service. Fast Food establishments will not be considered for outdoor cafes. SECTION 4. ENTERTAINMENT/AMPLIFIED MUSIC 4.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes: 4.1.A During the hours 12:00 p.m. to 11:00 p.m. 4.1.B Solo or duo live entertainment only. Connecting cafe do not constitute more than one entertainment venue. 4.1.0 All patrons of cafes shall be seated when being served in the cafe area. 4.1.1) The cafe franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the cafe is considered loud or disturbing. Amplification of music shall be directed within cafe area. 4.1.E Cafe operators shall receive one written warning that the music is not complying to the cafe regulations. Upon notice of a second violation, the cafe will forfeit their entertainment within the cafe. Continued violations or disregard will be grounds to terminate the cafe franchise agreement. SECTION 5. CAFE REQUIREMENTS 5.1 Category A - Boardwalk Cafe. A resort open airiboardwalk cafe is located on public property facing the boardwalk in the RT-1 zoning district. 5.1.A Setbacks: Category A cafes shall have a minimum setback often (10) feet form the western edge of the bicycle path. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. 5.1.B Floor: Floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.1.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.1.D Canopy: Boardwalk Cafes shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of the Boardwalk Cafes, except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Boardwalk Cafe. The valence of the awning shall not exceed twelve (12) inches in width. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.1.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.1.F Planting: Planting shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Cafe. One planting bed of not less than five (5) feet nor more than ten (10) feet. The City Landscape Services Department shall review and approve the applicants landscape plan prior to operating the cafe. 5.1.G Access: Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk should be permitted. Access will meet all ADA Standard Disability Access requirements. 5.1.H Size: Improvements on public property are limited to a cafe (maximum 800 sq. ft.) and one five (5) foot walkway. 5.1.I Maintenance: Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Cafe including landscape areas and City property adjacent to cafe is the sole responsibility of the designated franchisee. 5.1.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Boardwalk Cafe. 5.1.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.1.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. 5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the cafe improvements. The bicycle parking area will be approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or similar paved area with a single load bicycle rack. This area will not be included in franchise cafe area allowance, however, it should be made available for general public use. 5.2 Category B - Connector Park Cafe. A resort connector park cafe is to be located on public property in a Connector Park in the RT-1 zoning districts. The Cafe is not to extend East of the building's property line. 5.2.A Setbacks: Category B Cafes shall be a required to have minimum setback of ten (10) feet from the Atlantic Avenue curbline. The Cafe is not to extend East of the building's property line. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. 5.2.B Floor: The existing paved park surface may be used. In addition to floor requirements, the floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.2.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.2.D Canopy: Canopies are permitted but not required. If specified, canopies for Category B Cafes (Connector Park Cafes) should have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category B Cafes (Connector Park Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category B Cafe (Connector Park Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.2.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.2.F Planting: Additional planting may be required by City Staff for Category B Cafes (Connector Park Cafes). The City Landscape Services Department shall review and approve the applicants landscape plan. 5.2.G Access: One well-defined opening is required. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.2.H Size: Improvements on public property are limited to a cafe (maximum 800 sq. ft.). 5.2.I Maintenance: Cleanup and necessary maintenance of the area of a Category B (Connector Park Caf6) including landscape areas and City property adjacent to cafe is the sole responsibility of the designated franchisee. 5.2.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Category B Cafe (Connector Park Cafe). 5.2.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.2.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed in the Connector Parks. Category B Cafes (Connector Park Cafes) must use existing parking racks. 5.2.N Service Bar Openings: Service bar openings for waiter/waitress use are allowed into a Connector Park Caf6 only. Service bar opening will be maximum of 5 feet wide. Operation of bar must meet all ABC regulations. 5.3 Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue Sidewalk Caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes RFe- not -permitted between 15th and 24th Streets on Atlantic Avenue will be permitted separately as Category E cafes. Canopies are not allowed for 6 Category C cafes. However, awnings are permitted as defined in Section 5.3.D, Awnings. Category C Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. 5.3.A Setback: Category C Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right-of-way. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the cafe frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.3.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.3.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.3.D Awnings: Canopies are not allowed for Category C Cafes(Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted; awnings extending beyond the dimension permitted in the Resort Area Facade Program (T) may be permitted based on review by City staff and the Resort Advisory Commission (RAC). Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.3.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.3.F Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the cafe. 5.3.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business 7 entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.3.H Size: Category C Cafes may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the caf6 shall be reviewed by City staff to ensure the caf6 is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.3.I Maintenance/Operation: The Category C Caf6 operator will be responsible to maintain an attractive and clean caf6 area at all times. 5.3.J Lighting: Only incandescent lighting, candles, and Christmas lights are permitted on the interior of the Category C Caf6 (Atlantic Avenue Sidewalk Caf6). 5.3.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.3.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. 5.3.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property. Category C Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. 5.4 Category D - Atlantic Avenue Side Street Cafe. A Category D Caf6 (Atlantic Avenue Side Street Caf6) is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category D Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. Canopies are allowed for Category D cafes but not required. 5.4.A Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are recommended to be setback eight (8) feet, but a minimum distance of (6) feet clear sidewalk width, free from obstruction, is required for all Category D Cafes. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured 8 from the portion of the cafe frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.4.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.4.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.4.D Canopy: Canopies are permitted but not required. If specified, a Category D Cafe (Atlantic Avenue Side Street Cafe) shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category D Cafe (Atlantic Avenue Side Street Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.4.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 0 5AX Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the cafe. 5.4.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.4.11 Size: A Category D Cafe (Atlantic Avenue Side Street Cafe) may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.4.I Maintenance: The Category D Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.4.J Lighting: Only incandescent lighting, candles, Christmas lights and ceiling fans are permitted on the interior of the Category D Cafe (Atlantic Avenue Side Street Cafe). 5.4.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.4.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.4.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property, Category D Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. 5.5 Cateeory E - Atlantic Avenue Sidewalk Cafe--151h to 24th Streets. is to be located on the public sidewalk along, Atlantic Avenue directly -A--;-- — nv;ct;nn ractnnrnnt facility in thp, RT-% 7.nning Districts granted to those restaurants located on private property with 80% or more 10 of interior space dedicated to table and chairs for sit down service by a waiter or waitress. Category E Cafes are to be temporary in nature and designed so that all chairs tables planters, fences, etc. can be removed during_periods of non- use. 5.5.A Setback: Category E Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right- of-way. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the cafe frontage, which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, li t poles planting areas, tree grates, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.5.B Floor: Only the existing payingL or sidewalk is to be used for placement of removable cafe fizrnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted on private property only. 5.5.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be decorative in nature and constructed of finished painted wood, factory -finished metal, or a pre -manufactured heavy grade fiberglass or ornamental metal railing system. All cafe perimeter fence systems shall be reviewed by the city prior to approval for their use. Planter systems are encouraged to complement the fencing system. 5.5.D Awnings: Canopies are not allowed for Category E Cafes (Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted; awnings extending beyond the dimension permitted in the Resort Area Facade Program (T) may be permitted based on review by City staff and the Resort Advisory Commission (RAC) Planning Design Review Subcommittee (PDRC). Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.5.E Cafe Furnishings: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. Tables and chairs shall be constructed of stainless steel, 11 fiberglass powder coated aluminum or other metal painted, treated or natural finish exterior grade wood higti density polyethylene (HDPE) or an approved site furnishing, system., All cafe furnishings shall be reviewed by the city prior to approval for their use In no event shall such obi ects penetrate the exterior perimeter boundary or the canopy. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the -off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs furnishings and decorative fixtures. 5 5 F Planting: Planter boxes on cafe railings are allowed. Selection of planting will be reviewed by City staff. All such planters or plantings shall be on or within the cafe Cafe operators will be responsible for landscape maintenance of all planters 5 5 G Access: Only one well-defined entrance opening is permitted to the cafe area-, the cafe area must be connected to the corresponding business Special consideration should be given to refurbishment of the restaurant facade to allow access to the cafe from the interior of the restaurant at another location than the main restaurant entrance. French doors or similar door systems should be used to open the existing restaurant directly on to the outdoor cafe so as to not conflict with the main restaurant entrance area In all possible cases cafes should be accessed from the interior of the restaurant and not from the Atlantic Ave. sidewalk area Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location Access will meet all ADA Standard Disability Access requirements. 5 5 H Size: Category E Cafes may not cover more than the front face of the operating business building In addition the scale proportion, and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adjacent building the street block face, and the overall goals of the Resort Area Facade Program and the _Resort Streetscape Improvements. 5 5 I Maintenance/Operation: The Category Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5 5 J Lighting: Only incandescent lighting candles and holiday lights are permitted on the interior of the Category E Cafe. Special considerations may be extended to cafes located directly under city provided street li ting_ 12 5.5.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.5.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.5.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City property. Category E Cafes must use existing bike racks. 5.5.N Special Franchise Requirements: Every Category E Cafe franchise agreement shall contain the following special requirements, which shall control in the event of a conflict with any other provisions of the Resort Open Air Cafe Regulations: 1. Alcoholic beverages shall only be served with meals, and only in unbreakable drinkware; 2. The operator shall not permit persons other than patrons or employees of the establishment to enter the premises or to congregate therein, other than at tables provided by the establishment; 3 In the event apublic safety official determines that the open air cafe should be closed earlier than the normal closing time for reasons of crowd control, unruly behavior either within the establishment or in nearby areas, or for other reasons related to preservation of public safety or public order, the operator shall close the open air cafe immediately or at such later time as directed by the public safety official and the willful failure or refusal of any person to comply with such order shall be punishable as a misdemeanor, as provided by City ordinance; 4. The establishment must offer a full service menu (a copy of which shall be provided to the City Manager as part of the franchise Mlication)and the open-air cafe may remain open only so long as all regular menu items served by the establishment are available to patrons; 5 All tables and chairs shall be removed from the premises upon the close of business each day and stored inside the establishment, and the operator shall not permit the franchised area to be used for storage of furniture or equipment or for any purpose other than as an open-air cafe; 13 6 The operator shall not allow persons awaiting entry into the establishment or open-air cafe to form lines on the sidewalk, but shall admit patrons only from the inside of the establishment; and 7 The operator shall strictly comply with all fire, building, zoning alcoholic beverage control or health regulations in the operation of the open air cafe and the remainder of the establishment. 5 5 O Revocation of Franchise: The franchise agreement shall provide that a Category E franchise may be revoked by the City Manager whenever the City Manager determines that one of the following conditions has occurred: 1 The owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; 2 The owner or operator of the establishment has been assessed a civil penalty for violation of any fire building, zoning, alcoholic beverage control or health regulation arising, from the operation of the establishment; 3 The presence of the open-air cafe is causing or contributing to a deterioration of the gualily of the pedestrian experience or general environment in the area; 4 The men -air cafe is in violation of any material term of its franchise agreement or the Resort Open Air Cafe Regulations; or 5 The operator has failed to comply with an order of a public safety official of the City directing that the open-air cafe be closed, as provided by Section 5.5.N (3) of the Resort Open Air Cafe Regulations. The franchise agreement shall also provide that the City Manager may suspend the owner or operator's_ privile eg to operate the open air cafe under the franchise pending a final disposition of any criminal charge, alcoholic beverage control violation or civil infraction arising from the operation of the establishment. 5 5 O Effect of Revocation of Franchise: The franchise agreement shall provide that upon revocation or suspension of a franchise by the City Manager, the owner or operator shall immediately cease operation of the open air cafe and shall remove all tables chairs and other items located on City property within twenty-four (24) hours of the revocation or suspension As provided by City ordinance the failure of the owner or operator to comply with the order of the City Manager revoking or 14 suspending�a franchise shall punishable as a misdemeanor. The franchise agreement shall authorize the City Manager to remove or contract for the removal of any tables chairs barriers and other items encroaching upon City DMerty and charge the costs thereof to the owner or operator, which costs may be collected as real estate taxes are collected. SECTION 6. ADMINISTRATION AND ENFORCEMENT 6.1 Requirements for Application In order to create a Resort Open Air Caf6, the granting of a franchise agreement will be required. Applications (per Section 6.2) will be made to the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development/Resort Management Office and the Design & Planning Committee of the Resort Advisory Commission, and shall ensure continued compliance with applicable policies and guidelines in addition to those specifically stated herein. These requests will be reviewed by the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development (Resort Management Office), with recommendation for approval/disapproval from the Resort Advisory Commission, and will be reviewed and acted upon by the City Council of the City of Virginia Beach. The regulations herein are intended to establish the necessary criteria with which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. Request for a variance to any of the following regulations may be reviewed by staff and the Resort Advisory Commission. Such consideration shall apply only to conditions relevant to the site and placement of the cafe, NOT construction material. Approval of the City of Virginia Beach Health Department and (when applicable) the State of Virginia Alcoholic Beverage Control Board is required for operation of Resort Open Air Cafes. A fee of one -hundred dollars ($100.00) shall be paid to the City for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time application is filed. Applications for cafe franchises to be received no later than March 1, proceeding summer season of anticipated construction and operation. No application shall be processed for the year in question that fails to meet the application deadline. The City Manager or his designated representative, is hereby authorized and 15 directed to prepare and adopt a procedure for the processing of such applications and the reporting to City Council of any detrimental effect which requested franchise may have on the public health, safety, welfare, and interest. City Council may deny or grant a franchise subject to such terms and conditions as City Council may, in its discretion deem proper. Notwithstanding any other provision of law, City Council shall deny any franchise request it determines, in its discretion, to be detrimental to the public health, safety, and welfare or interest. 6.2 Documents and Review Required for Application Three (3) copies of a preliminary site development plan, including a current physical survey, no older than 90 days, from building to the curb line, finish schedule, a landscape plan, and elevation drawings showing canopies and their relationship to the support buildings. Engineering/Site Plan review will be necessary for cafes requiring construction of a concrete slab and/or temporary improvements in the public right-of-way. Fifteen (15) copies of the final site plan will be required and should be submitted to the Development Services Center, Room 180, at the Municipal Center Operations Building (Building #2). Photographs of the proposed caf6 site and building facade. RAC - Design Committee review and recommendation for approval/denial. Plan Content: Plans shall be prepared using a minimum scale of 1" = 10'0" and shall show by name and dimension all existing property lines, easements, buildings, and other structures, vehicular use areas (including parking stalls, driveways, service areas, etc.), proposed and existing walkway systems, and proposed Open Air Cafe. Physical survey by land surveyor showing clear path and all obstructions. Elevations: Elevation drawings shall be prepared using a minimum scale of 1" _ 10'0" and shall show all existing and proposed structures directly adjoining the proposed caf6 structures. Two elevations are required: one front elevation and one side elevation and/or section drawing. Finish Schedule: Finish schedule shall include all finish materials proposed for the Open Air Caf& construction including a landscape plan. Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be accepted. 16 6.3 Insurance and Fees Applicant will provide liability insurance coverage not less than one million dollars ($1,000,000) for personal injury and property damage as required. The franchise fee is to be determined on a gross square foot basis/per year, payable to the City of Virginia Beach no later than May of the year in effect. The fees are as follows: Category A: Boardwalk Cafe Category B: Connector Park Cafe Category C: Atlantic Avenue Sidewalk Cafe Category D: Atlantic Avenue Sidestreet Cafe Category E: Atlantic Avenue Sidewalk Cafe —15th to 24th Streets 2001 2002 2003 2004 2005 Category A 3.25 4.00 5.00 6.00 7.00 3% ** Category B 3.25 4.00 4.75 5.50 6.00 3% ** Category C 3.25 4.00 4.50 5.00 5.00 3% ** Category D 3.25 4.00 4.00 4.00 4.00 3% ** Category E 5.00 3%** ** 3% increase each year thereafter Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars ($10,000) as determined by the Public Works Department and the Resort Management Office. 6.4 Enforcement The franchise period shall be for one (1) year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes, an extension of the franchise may be authorized by the City Council for up to an additional five (5) year period. During the period in which the franchise is in effect, the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement, and is authorized to suspend the agreement if there is a violation of the agreement. 17 In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four (24) hours and a maximum of ten (10) calendar days to remedy its non-conformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City, by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the cafe area. SECTION 7. DEMOLITION If applicant is required to demolish or remove cafe or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. In Mom' t. •`hy�V. vim' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO RATIFY AMENDMENTS TO THE BYLAWS OF THE PARKS AND RECREATION COMMISSION MEETING DATE: February 8, 2005 ■ Background: The Parks and Recreation Commission serves as an advisory body to the Virginia Beach City Council. The Commission serves as liaison between the City Council, the City Manager, the Director of Parks and Recreation and the Citizens of Virginia Beach. The purpose of the Commission is to consult with and advise the City Manager, the Director of Parks and Recreation, and the City Council on matters affecting parks and recreation policies, programs and finances; the acquisition and disposal of lands and properties related to parks and recreation; and the department's long-range projected programs. At its December 2, 2004 meeting, the Parks and Recreation Commission discussed amendments to its By-laws, and it unanimously adopted the revised By-laws at its January 6, 2005 meeting. Pursuant to Article 9 of the By-laws, the Commission has forwarded the revised By-laws to City Council for its review and ratification. ■ Considerations: The Parks and Recreation Commission is recommending the following By-laws amendments: 1. Currently, the Commission is comprised of eleven (11) members. Both the Commission and City Council have expressed an interest in expanding the Commission's membership to include youth members. The amendment to Article 3 would add two (2) additional members, for a total of thirteen (13) voting members. The two additional members would be appointed by City Council and would be high school students who are City residents and who attend different high schools. Initially, a high school senior would be appointed for a one-year term, and a high school junior would be appointed for a two-year term. Thereafter, high school juniors would be appointed for two-year terms. This amendment will enable youth participation in setting the long-term direction for Parks and Recreation programs and facility development. 2. An amendment to Article 5, Section 4 provides that the Commission's annual report shall be presented in November of each year, instead of January. This will allow the annual report to address matters on a fiscal -year basis, instead of based on the calendar year. 3. An amendment to Article 5, Section 5 provides that a majority of the members must be present to constitute a quorum. The By-laws currently require seven (7) members to constitute a quorum. At times, the Commission has not had a seven -member quorum at its meetings and thus has been unable to conduct business, despite the fact that a majority of the current members were present. This change will better enable the Commission to conduct its business, even when there are vacancies on the Commission. ■ Recommendations: Ratify Parks and Recreation Commission By-laws, as amended ■ Attachments: Proposed Commission By-laws, as amended Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager: Approva L , H:\PA\GG\ORDRES\ARF'S\bylaw amend arf.doc 1 AN ORDINANCE TO RATIFY AMENDMENTS TO 2 THE BYLAWS OF THE PARKS AND RECREATION 3 COMMISSION 4 5 WHEREAS, the Parks and Recreation Commission on January 6, 6 2005, approved various changes to its Bylaws; and 7 WHEREAS, Article 9 of the Commission's Bylaws provides that 8 amendments to the Bylaws must be reviewed and ratified by City 9 Council; and 10 WHEREAS, City Council has reviewed these recommended 11 amendments and finds them to be acceptable; 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 That the City Council hereby ratifies the amendments to the 15 Bylaws of the Parks and Recreation Commission, as approved by the 16 Commission on January 6, 2005, a copy of which is attached hereto 17 as Exhibit 1 and hereby incorporated by reference. 18 19 Adopted by the City Council of the City of Virginia Beach, 20 Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: P ks kajoLlecreDaiion CA-9372 PA/GG/ORDRES/BYLAW AMEND ORD.DOC R1 - February 1, 2005 APPROVED AS TO LEGAL SUFFICIENCY: City Attorne 's Office ATTACHMENT 1 VIRGINIA BEACH PARKS AND RECREATION COMMISSION BY-LAWS The Virginia Beach Parks and Recreation Commission has adopted the following articles in order to facilitate its powers and duties in accordance with the provisions of the ordinances and resolutions of the City of Virginia Beach, Virginia. ARTICLE 1 That there is hereby created a Commission to be known as the Virginia Beach Parks and Recreation Commission, hereinafter referred to as the "Commission." ARTICLE 2 - Purpose of the Commission The Commission shall serve as an advisory body of the Virginia Beach City Council ("Council") for the purposes set forth in this article. The Commission shall serve as a liaison between Council, the City Manager, the Director of the Department of Parks and Recreation therewith, and the citizens of the City. The Commission shall consult with the advise the City Manager, the Director, and the Council in matters affecting open space, parks and recreation policies, programs, finances, and the acquisitions and disposal of lands and properties related to the total community and open space, parks and recreation programs, and to its long-range projected program for open space, parks and recreation. ARTICLE 3 - Membership Section 1. The Commission shall be comprised of twelve '4" memhei;s Wn+il SUGh time th-at ar}atlarge -Fnembei:'s- epifes €#ertive-theR, the Ge.. mi ieR will he ^^n,nri ed of eleven �' �' thirteen (13) members. One (1) member shall be appointed by City Council from the residents of each of the City's seven (7) election districts, and the remaininn four 4 members shall be appointed from the residents of the City at large and two (2) additional members shall be high school students Q who reside in the City and (ii) attend different high schools. Initially, a high school senior shall be appointed for a one-year term and a high school junior shall be appointed for a two- year term Thereafter, high school iuniors shall be appointed for two-year terms. Section 2. - Vacancies occasioned by removal, resignation, or otherwise, shall be reported to the Council, and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. No member shall accumulate an annual total of more than three absences for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control. If this limitation is exceeded, the Chairperson shall forthwith report to the City Clerk the name of the member whose unexcused absences exceed the limitation, pursuant to Code of the City of Virginia Beach § 2-3.1. In the event of an anticipated absence, a member shall diligently attempt to notify the Secretary of the absence prior to the meeting. Section 3. — Members may be reimbursed for travel and subsistence to professional recreation meetings, conferences, and workshops. Such reimbursement may be made in compliance with the general policies of Virginia Beach upon authorization of the City Manager. ARTICLE 4 — Officers The officers of the Commission shall be Chairperson, Vice -Chairperson, and Secretary. The officers shall be elected at the organizational meeting to serve for one year or until a successor shall be elected. ARTICLE 5 — Meetings Section 1. — Regular meetings shall be held the first Thursday of each month during the year, or at such other time of the month as may be determined by majority vote of all members of the Commission. Section 2. — Special meetings may be called by the Chairperson or upon the written request of at least three members. Section 3. — The time and place for the meetings shall be designated by the Chairperson. Section 4. — The first meeting in September of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, review of the inventory report, and other business that may need to come before such meetings. The presentation of the annual report shall be in r;y November of each year. Section 5. — The majority of the members present and voting at any duly constituted meeting shall have the full authority of the Commission, provided that Re fewer + seven voting ^,embei:c a maiority of the voting members must be present to constitute a quorum, meeting and thus shall constitute an organizational meeting. Section 6. — All meetings are open to the public. Where allowed by the Freedom of Information Act, the Commission, by majority vote, may go into a closed meeting. Section 7. — Meetings shall be conducted in accordance with procedures prescribed in the by-laws. FA Section 8. — The following shall be the order of business of the Commission, but the Rules of Order may be suspended and any matters considered or postponed by action of the Commission. Order of Business: - Call to order - Roll call - Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment - Correspondence - Unfinished business - Committee discussions - Reports from Liaisons - Report from Director - New business - Adjournment Section 9. — The rules of procedures outlined in Robert's Rules of Order (revised), shall govern the Commission on all occasions in which they are applicable and in which they are not found inconsistent with the by-laws or special rules of the Commission. ARTICLE 6 — Duties and Responsibilities of the Commission Section 1. — The Commission shall make recommendations for approval by City Council. 1) The establishment of a system of supervised recreation for the City; to set apart for use as parks, playgrounds, recreation areas and structures, any lands, water areas, or buildings owned or leased to or controlled by the City and may suggest improvements of such lands or buildings and structures as may be necessary to the recreational program within funds allocated to the Department. 2) The Commission shall assist City Council and the City Manager by appointing subcommittees to study and evaluate certain matters dealing with Parks and Recreation as directed by City Council. Section 2. — The Commission shall advise Council in the acceptance of any grant, gift, bequest, or donation of any personal or real property offered or made available for recreational purposes and which is judged to be of present or possible future use for recreation, parks, or open space. Section 3. The Commission shall interpret the recreation and park services of the Department to the community and interpret the needs and desires of the community to the Council, City Manager, and Director. Section 4. — The Commission shall determine and establish the general policies to be followed in carrying out the purposes for which the Commission was established. Section 5. — Financial Duties and Responsibilities — The Commission shall have no authority to enter into any contract or incur any obligation binding the City. 1) The Commission shall assist the Director in the development and preparation of an annual budget for the Department to be submitted to the City Manager and subsequently to City Council, at the time designated by the City Manager. 2) The Commission shall assist the Director in the development and preparation of an annual budget for capital improvements (acquisition and development) in accordance with the plan for parks and recreation for the City. Section 6. — Planning Duties and Responsibilities — The Commission shall investigate and determine the needs and interests of the community for open space, recreation facilities and programs, and recommend open space areas, recreational programs, and facilities to meet these needs and interests. ARTICLE 7 — duties of Officers and Relationship of the Director of Parks and Recreation Section 1. — Chairperson — The Chairperson shall preside at all meetings, sign official papers, appoint committees, call special meetings when he or she deems it advisable, and perform all such duties as are usually handled by a Chairperson, except when such duties are properly delegated. The Chairperson may succeed himself or herself and shall be elected from the Commission members. Section 2. — Vice -Chairperson — The Vice -Chairperson shall perform all the duties of the Chairperson, in the absence of the Chairperson. The Vice -Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. In the absence of both the Chairperson and Vice -Chairperson, the Commission shall elect a Chairperson Pro Tempore who shall perform the duties of the Chairperson. Section 3. — Secretary — The Secretary shall perform the usual duties pertaining to the office. The Secretary shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. This includes regular and special meetings plus reports of standing committees and the Secretary shall be the custodian of all documents committed to his or her care. Section 4. — Executive Committee — The Executive Committee shall consist of the officers elected by the Commission. It will be their duty to review all matters to be brought before the entire Commission, make recommendations and prepare an agenda for the Commission meetings. Meetings of the Executive Committee will be held as called by the Chairperson. rd Section 5. — Director's Relationship — The Director shall have a continuing responsibility to explain the organization, responsibilities, working relationships, and program objectives of the Department of Parks and Recreation to the Commission. The Director of Parks and Recreation shall work closely with the Commission in matters of interest to the Commission, involving the operation of an efficient parks and recreation program in the City of Virginia Beach. The Director is an ex-officio member (by virtue of his/her office) and attends the Commission meetings. The Director keeps the Commission informed concerning the interests, needs, objectives, the progress of plans, and other factors related to Parks and Recreation and considered to be of importance to the Commission. ARTICLE 8 — Reports The Commission shall make full and complete reports to the Council at such times as may be requested and at such other times as the Commission may deem proper. ARTICLE 9 — Amendments These by-laws may be amended at any regular meeting of the Commission by a majority of the entire Commission, provided previous notice of the nature of any proposed amendment shall have been given at least one regular meeting before the action thereon shall be taken and upon concurrence of the City Council of the City of Virginia Beach. The Commission's by-laws, rules, and regulations governing its procedure shall not be inconsistent with the provisions of the State laws and the approved ordinances and resolutions as set forth by the Virginia Beach City Council. 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Establish Capital Improvement Project #9-070, "Acquisition of 9th Street Garage," and to Appropriate $9,750,000 to this Project to Facilitate the Development Authority's Purchase of the 9th Street Garage MEETING DATE: February 8, 2005 ■ Background: In response to concerns about the availability of parking in the resort area by citizens and tourists, in 1996 the City entered a lease agreement with VB/South Parking, L.L.C., owners of the 9th Street Garage. Since that time, the demand for parking spaces in the resort area as well as the use of the garage has increased. The original lease agreement included a purchase option of the garage. The City could exercise this option, if parking demand was sufficient and the economics of such a decision was prudent. On December 7th 2004, the City Council assigned the 9th Street garage's leasehold interest to the Virginia Beach Development Authority (VBDA), and authorized the City Manager to proceed with the development of all necessary documents to support the VBDA in purchasing the garage. The Council also approved the development of 28 condominiums and a 250-room, full - service Marriott Hotel located on the current Dunes Hotel property site at 9th Street and Atlantic Avenue. ■ Considerations: The purchase of the 9th Street Garage will allow the City to continue offering reasonable parking rates and beach access for residents, and increase the cash flow capabilities of the Parking Enterprise Fund, with the debt service payments less than the lease payment. Given the magnitude of the aforementioned hotel project, the existing property size and configuration cannot accommodate the placement of all of the hotel amenities and most of the required parking spaces. The requirements for hotel parking will be satisfied through a 65- year lease of 299 spaces at the 9th Street garage. The proposed Marriott hotel will produce the following benefits: a $48.7 million fiscal impact over 20 years, over 3,800 square feet of open space, and high quality hotel rooms for the new convention center. On December 20th 2004, the Virginia Beach Development Authority adopted a resolution authorizing the preparation and execution of documents necessary to purchase the 9th Street garage and accepted the leasehold interests from the City. According to the purchase agreement, the City Council must approve an appropriation to purchase the 9th Street garage before the settlement date. The purchase price for the garage is $9,750,000 and will be funded by Public Facility Revenue Bonds. The $9,750,000 represents an advance in funds to the VBDA in anticipation of the sale of bonds. Once the bonds are issued, the VBDA will provide the proceeds to the City. The debt service on the revenue bonds will be funded via the Parking Enterprise Fund, and as mentioned will be less than the annual lease payments. The addition of the garage's purchase price of $9,750,000 to the adopted FY 2004-05 Capital Budget will increase total appropriations by more than 1%, which necessitates a public hearing. ■ Public Information: A notice of public hearing authorizing the acquisition of the 9th Street garage appeared in the January 24th edition of the Virginian Pilot. A public hearing was held on February 1, 2005. ■ Alternatives: If the 9th Street garage is not purchased, the City will continue the lease arrangement, with the lease payment exceeding the debt service associated with a purchase. Marriott Hotel cannot secure a 65-year parking lease. Without the long-term parking lease, the developer of the hotel will not receive financing for the project and the Marriott Hotel will not be built. ■ Recommendations: Approval of ordinance appropriating $9,750,000 to acquire the 9th Street garage. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance and Recommendation Submitting Department/Agency:: Conventions and Visitor's Bureau City Manager: 14- 7:,63" 1 AN ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT 2 PROJECT #9-070, "ACQUISITION OF THE 9TH STREET 3 GARAGE," AND TO APPROPRIATE $9,750,000 TO THIS 4 PROJECT TO FACILITATE THE DEVELOPMENT 5 AUTHORITY'S PURCHASE OF THE 9TH STREET GARAGE 6 7 8 WHEREAS, on December 7, 2004, the City Council directed 9 the City Manager to proceed with development of all necessary 10 documents to support the Virginia Beach Development Authority in 11 purchasing the 9th Street Garage. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 16 1. That Capital Improvement Project #9-070, "Acquisition 17 of the 9th Street Garage," is hereby established in the FY 2004-2005 18 Capital Budget. 19 2. That $9,750,000 in anticipated revenue from the 20 Development Authority is hereby appropriated to Capital 21 Improvement Project #9-070, "Acquisition of the 9th Street 22 Garage," with revenue from the proceeds of Public Facility 23 Revenue bonds to be issued by the Development Authority increased 24 accordingly. 25 3. That the City Manager is hereby authorized to enter 26 into an agreement providing the Development Authority with 27 $9,750,000 from Capital Improvement Project #9-070 to purchase 28 the 9th Street Garage, with this amount to be repaid to the City 29 from Public Facility Revenue bonds issued by the Development 30 Authority. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 2005 Requires an affirmative vote by a majority of the members of City council. Approved as to Content: Approved as to Legal Sufficiency: Management Services City Attornejvs Offi CA-9495 R4 January 28, 2005 H:\PA\GG\ORDRES\9thst garage ord.doc y4nP'✓"04��L�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution authorizing the City of Virginia Beach to partner with the South African Cities Network (SACN) through the International City/County Management Association (ICMA) for economic development purposes. MEETING DATE: 02/08/05 ■ Background: The City of Virginia Beach, because of success & recognition of its economic development accomplishments, has been requested by ICMA to participate in the SACN. The partnership will, in effect, be an international task force (including 2 — 3 City staff reps, ICMA rep and South African reps) focused on improving the economy of the South African city (Johannesburg -Pretoria). Virginia Beach members will be given the responsibility and opportunity to work with their South African colleagues to show them the way of developing an economic development strategy, and implement specific projects that are pragmatic and realistic. In return, staff will be exposed to private sector firms in South Africa. The program is scheduled to launch in Johannesburg on 02-18-05. ■ Considerations: Travel expenses, hotel and food will be paid for by ICMA. City staff (2 - 3 members) will provide their time during the 18-month process required in developing an economic development strategy. It is anticipated that there will be two trips for the Virginia Beach representatives to South Africa (10 —12 days each) and that three teams of three individuals from South Africa will work in Virginia Beach for two weeks each over the next 18 months. The intent of the program is to develop a long-standing, sustainable relationship between the two communities. ■ Public Information: Staff will provide. periodic updates to Council (verbal/or written). Progress may be provided on the website and articles may appear in professional journals. ■ Alternatives: By not participating the City loses an opportunity for international exposure and to showcase its economic development strategy and successes. By participating, the city/staff learn more about the changing role of cities within the global market. ■ Recommendations: Approval of resolution to partner with SACN and ICMA for economic development purposes. ■ Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager: L , NO-t 1 2 RESOLUTION APPROVING AND AUTHORIZING THE 3 CITY OF VIRGINIA BEACH TO PARTNER WITH THE 4 SOUTH AFRICAN CITIES NETWORK (SACN) 5 THROUGH THE INTERNATIONAL CITY/COUNTY 6 MANAGEMENT ASSOCIATION (ICMA) FOR 7 ECONOMIC DEVELOPMENT PURPOSES 8 9 10 ' WHEREAS, the City of Virginia Beach has been recognized for its successful economic 11 development accomplishments; 12 WHEREAS, the City of Virginia Beach has been asked to participate, through the 13 liiternational City/County Management Association, in an international task force focused on 14 improving the economy of the South African City (Johannesburg -Pretoria); 15 WHEREAS, the City's participation with the South African Cities Network will provide 16 new opportunities for international exposure and for showcasing the City's economic 17 development strategy and successes; and 18 WHEREAS, the City's participation with the South African Cities Network will promote 19 the City's role within the global market. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH: 22 That the City Council strongly supports the partnership, through the International 23 City/County Management Association, between the South African Cities Network and the City 24 of Virginia Beach for economic development purposes. 25 1 25 Adopted by the City of Virginia Beach City Council, on the day of 26 27 28 29 2005. 30 Approved as to Content: Approved as to Legal Sufficiency 31 j 32 33 partment of Econbnt& City Attorney 34 Development 35 36 CA-9477 37 FADatMATY\Policy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared for Council\SACN Res.doc 38 February 8, 2005 ON CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Removing From Further Consideration Item Ten of the AICUZ Task Force's Recommendations, Pertaining to the Voluntary Purchase of Property in Accident Potential Zone 1 MEETING DATE: February 8, 2005 ■ Background: On December 9, 2003, the City Council established the Task Force on Land Use in Air Installations Compatible Use Zones (AICUZ) (the "Task Force"). In January 2005, the Task Force adopted, in a document entitled "JLUS Outcomes — Suggested Discussion Points," twenty-four (24) recommendations to the City Council concerning issues relating to community planning and jet noise. On January 18, 2005, the City Council held a public hearing concerning the recommendations. In response to public comment at the hearing, the City Council adopted a resolution on January 25, 2005 that removed, from further consideration Item 11 of the Task Force's recommendations, pertaining to the acquisition of properties in Accident Potential Zone 1 (APZ-1) by eminent domain, and directed that two Town Hall meeting be conducted concerning the AICUZ Task Force's recommendations. The Town Hall meetings were held on January 31, 2005 and February 2, 2005. At each meeting, the great majority of public commentary was in opposition to Item 10 of the Task Force's recommendations, which provided that the City should, subject to the establishment of an adequate funding program, purchase homes in APZ-1 from willing sellers at fair market value. ■ Considerations: The Resolution declares that the City Council declines to implement Item 10 of the AICUZ Task Force's "JLUS Outcomes — Suggested Discussion Points, and removes Item 10 from further consideration. ■ Public Information: No special form of advertising or other public notice of the proposed Resolution is necessary. ■ Recommendations: Adoption of the resolution. ■ Attachments: Resolution Recommended Action: Submitting Department/Agency: City Council City Manager: 1 A RESOLUTION REMOVING FROM FURTHER 2 CONSIDERATION ITEM TEN OF THE AICUZ TASK 3 FORCE'S RECOMMENDATIONS, PERTAINING TO THE 4 VOLUNTARY PURCHASE OF PROPERTY IN ACCIDENT 5 POTENTIAL ZONE 1 6 7 WHEREAS, on December 9, 2003, the City Council 8 established the Task Force on Land Use in Air Installations 9 Compatible Use Zones (the "AICUZ Task Force") and charged 10 it with the duties, among others, to participate in the 11 Joint Land Use Study, a cooperative regional effort with the 12 Cities of Chesapeake and Norfolk and the United States Navy 13 to develop a series of policies relating to community 14 planning and jet noise; and 15 WHEREAS, on January 6, 2004, the City Council adopted 16 Resolution No. 3031, entitled "A Resolution Committing the 17 City to Participate in a Joint Land Use Study with the 18 Office of Economic Adjustment of the Department of 19 Defense," which Resolution provided, among other things, 20 that "subject to the City Council's review and approval of 21 the report and recommendations contained in the Study, the 22 City shall implement such recommendations of the Study as 23 are appropriate;" and 24 WHEREAS, on January 3, 2005, the AICUZ Task Force 25 adopted, in a document entitled "JLUS Outcomes - Suggested 26 Discussion Points," twenty-four (24) recommendations to the 27 City Council concerning issues relating to community 28 planning and jet noise; and 29 WHEREAS, in response to public opposition to Item 11, 30 concerning the acquisition of houses in Accident Potential 31 Zone 1 (APZ-1) by eminent domain, the City Council adopted 32 Resolution No. 3110 on January 25, 2005, in which the City 33 Council declined to adopt or give further consideration to 34 Item 11; and 35 WHEREAS, Item 10 of the AICUZ Task Force's 36 recommendations states, "Subject to the establishment of an 37 adequate funding program, purchase homes in APZ-1 from 38 willing sellers at fair market value;" and 39 WHEREAS, on January 31, 2005 and February 2, 2005, the 40 City's representatives on the Regional Joint Land Use Study 41 Policy Committee conducted Town Hall - style meetings 42 concerning the AICUZ Task Force's recommendations, at which 43 meetings many members of the public, including many owners 44 of property in APZ-1, expressed their strong opposition to 45 Item 10; 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 47 THE CITY OF VIRGINIA BEACH, VIRGINIA: 2 48 That the City Council hereby declines to implement 49 Item 10 of the AICUZ Task Force's ""JLUS Outcomes - 50 Suggested Discussion Points, and removes Item 10 from 51 further consideration. 52 Adopted by the City Council of the City of Virginia 53 Beach on the day of 2005. 54 CA-9502 55 OID\Land USE\ordres\JLUSitemlOres.doc 56 February 3, 2005 57 R-1 58 59 60 Approved as to Legal Sufficiency: 61 62 63 , 64 65 City Attorney's Office 3 L. PLANNING Application of ENTERPRISE RENT -A -CAR for a Conditional Use Permit re motor vehicle rentals at 3809 Princess Anne Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of AT ASSOCIATES, L.L.P. for a Conditional Use Permit re motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard. DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 3. Application of HERITAGE MOTOR CO., INC. for a Conditional Use Permit re motor vehicle sales at 5173 Shore Drive. DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 4. Application of FF ACQUISITIONS, L.L.C. for a Conditional Use Permit re fuel sales at 2129 General Booth Boulevard. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of JEFFREY P. KNIGHT for a Conditional Use Permit re a home occupation (saltwater hobbyist — design and sale of related items) at 697 Masefield Circle. DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 6. Application of CITY OF REFUGE CHRISTIAN CHURCH for a Conditional Use Permit re a child care education center at 3420 Holland Road, Suites 103-105. (DISTRICT 3 — ROSE HALL) DEFERRED November 23, 2004 RECOMMENDATION: APPROVAL 7. Applications of CITYVIEW ONE, L. L. C. at Bonney Road and Bendix Roads DISTRICT 5 — LYNNHAVEN a. Chanize of Zoning District Classification from 0-2 Office District to Conditional B4C Central Business Mixed Use District b. Conditional Use Permit for multi -family dwellings, grocery stores, carry -out food stores and convenience stores DEFERRED January 11, 2005 8. Application of GENERAL BOOTH STORAGE, INC. for the Modification of Conditions to allow expansion of a mini -warehouse facility (approved by City Council on October 9, 2001 and June 11, 2002) at General Booth Boulevard and Dam Neck Road. DISTRICT 6 — BEACH RECOMMENDATION: 9. Ordinances to AMEND: APPROVAL a. the Agricultural Reserve Program" (ARP) § 6 of the Agricultural Lands Preservation Ordinance re the "Area of Applicability" to encourage use of the entire Transition Area b. the Comprehensive Plan re Open Space/Recreation for the Transition Area RECOMMENDATION: APPROVAL 10. Ordinance to AMEND and REORDAIN § 111 of the City Zoning Ordinance (CZO) to define portable storage containers (PODS); and, ADD § 208 to regulate the use and placement of these containers. RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, February 8, 2005, at 6:00 p.m. The follow ft applications will be heard: DISTRICT 5 - LYNNHAVEN 1. CityView One, L. L. C. Application: Change of Zoning District Classifi cation from 0-2 Office to Conditional B-4� Central Business Mixed Use on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000; 14777205660000; 14777216650000; 14777226990000; 14777247440000; 14777218100000; 14777310240000; 14777302760000; 14777249650000). The proposal is for a mixed -use development, including retail, office, and multi -family dwell- ings. The Comprehensive Plan designates this site as being part of Strategic Growth Area 4, suitable for mixed use development. 2. CityView One, L.L.C. Application: Conditional Use Permit for multifam- ily dwellings, grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000; 14777205660000; 14777216650000; 14777226990000; 1.4777247440000: 14777218100000; 14777310240000; 14777302760000;147772.49650000). DISTRICT 7 - PRINCESS ANNE 3. Enterprise Rent-A-Car Application: Conditional Use Permit for motor vehicle rentals at 3809 Princess Anne Road, Unit 108D (GPIN 1.4853414480000). 4. FF Acquisitions, L.L.C. Application: Conditional Use Permit for fuel sales at 2129 General Booth Boulevard (GPIN 24140867440000). CITY OF VIRGINIA BEACH - COMPREHENSIVE PLAN 5. Ordinance to amend the Comprehensive Plan pertaining to the Open Space/Recreation element for the Transition Area. This amendment was referred to the Planning Commission from the City Council. DISTRICT 3 - ROSE HALL 6. Jeffrey P. Knight Application: Conditional Use Permit for a home occu- pation (saltwater hobbyist - design and sale of related items) at 697 Masefield Circle (GPIN 14860648620000). DISTRICT 6 - BEACH 7. AT Associates, L.L.P. Application: Conditional Use Permit for motor vehicle sales, rental, and service at 2717 Virginia Beach Boulevard (GPIN 14974479240000). 8. General Booth Storage, Inc. Application: Modification of Conditions for applications approved by City Council on October 9, 2001 and June 11, 2002 on the west side of General Booth Boulevard, 432.80 feet north of Dam Neck Road (GPINS 24154642530000; 24154631630000;24154681540000;24154690100000). DISTRICT 4 - BAYSIDE 9. Heritage Motor Co., Inc. Application: Conditional Use Permit for motor vehicle sales at 5173 Shore Drive (GPIN IMP 7060000). All interested parties are invited to attend. I , Ruth Hodges Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning. For information call 427-4621. If you are physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERIC'S OFFICE at 427.4303. Hearing impaired, call: TDD only-V irginia Relay at 800-828-1120. (TDD - Telephonic Device for the Deaf). The Planning Commission Agenda is available through the City's Inter- net Home Page at htt%//www vbF_ov..com/pI rininacommission Beacon Jan. 23 & 30, 2005 12610369 CUP - Motor Vehicle Rental NNe� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Enterprise Rent-A-Car — Conditional Use Permit (motor vehicle rentals) MEETING DATE: February 8, 2005 ■ Background: An Ordinance upon Application of Enterprise Rent-A-Car for a Conditional Use Permit for motor vehicle rentals on property located at 3809 Princess Anne Road, Unit 108D (GPIN 14853414480000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant is requesting to occupy a vacant unit of the existing Princess One Shopping Center for a motor vehicle rental agency. The applicant proposes to lease approximately 1,680 square feet of space. The hours of operation will be Monday through Friday, 8:00 AM until 6:00 PM, and Saturday, 9:00 AM until 12:00 PM. A staff of four employees will be available to assist customers. The applicant proposes to have for rent 10 vehicles to include cars, pick-up trucks, vans, and sport utility vehicles. The existing shopping center has a total of 498 parking spaces. There is sufficient parking for the cars that will be available for rent. The vehicles will be parked in a designated parking area as shown on the site plan Exhibit A. "Light washing" and vacuuming of the vehicles will also be done in the rear of the building in a designated area. The proposed motor vehicle rental is consistent with the Comprehensive Plan recommendations for the area. Limited commercial activities that provide desired goods or services are considered acceptable uses. The proposed hours of operation and restricting the parking area of the rental vehicles are effective methods for insuring compatibility. The Planning Commission placed this item on the consent agenda because it is an appropriate use for the site. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: Enterprise Rent-A-Car Page 2 of 2 1. The hours of operation shall be Monday through Friday, 8:00 AM until 6:00 PM, and Saturday, 9:00 AM until 12:00 PM. 2. The vehicles shall be parked and cleaned in a designated area. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent at this site. 4. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 5. Signs shall be limited to building signs only. There shall be no signs placed within the windows or on the doors. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgjency: Planning Department City Manager: lcqoft ENTERPRISE RENT A CAR Agenda Item # 3 January 12, 2005 Public Hearing Staff Planner: Karen Prochilo The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Conditional Use Permit request for Motor Vehicle Rentals. Property located at 3809 Princess Anne Road. :, -10 // o /fV; I�H � ` yam✓ c.;♦ %� // q�/� �7�1e tl�1}tGs.4��r_ • '+el:��k".I�L-:L:::L:�'�J� A♦�,��. ��V�� PPpF �rr,:Y 14853414480000 7 — PRINCESS ANNE ENTERP SITE SIZE: Part of 8.9-acre shopping center. Proposed lease area is 1,680 square feet EXISTING Commercial shopping center (Princess One) zoned B-2 Community LAND USE: Business district SURROUNDING . Across Princess Anne Road is undeveloped land LAND USE AND and multi -family dwellings / B-2 Community ZONING: North: Business District & PD-H1 • Rock Creek residential development / R-5D South: Residential District • Across Tiffany Lane are small service businesses East: B-2 Community Business District West: • Undeveloped land / R-5D Residential District NATURAL RESOURCE AND A strip shopping center and parking covers the site. There are no CULTURAL significant natural resources or cultural features associated with this FEATURES: site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary of ProposaM The applicant is requesting to occupy a vacant unit of an existing strip shopping center for a motor vehicle rental agency. The applicant proposes to lease approximately 1,680 square feet of space. The hours of operation will be Monday through Friday, 8:00 AM until 6:00 PM, and Saturday, 9:00 AM until 12:00 PM. A staff of four employees will be available to assist customers. The applicant proposes to have for rent 10 vehicles to include cars, pick-up trucks, vans and sport utility vehicles. The existing shopping center has a total of 498 parking spaces. There is sufficient parking for the cars that will be available for rent. The vehicles will be parked in a designated parking area as shown on the site plan Exhibit A. "Light washing" and vacuuming of the vehicles will also be done in the rear of the building in a designated area. The amount of projected traffic that will be generated by this facility would be in keeping with a permitted B-2 use allowed under the existing zoning. Staff does not believe that the motor vehicle rental operation will negatively impact existing businesses in the shopping center nor any of the surrounding properties. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the recommendations of the Comprehensive Plan for this area. • Compatibility with the surrounding land uses in the shopping center. Comprehensive Plan The Comprehensive Plan recognizes this site as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area reinforces the suburban characteristics of commercial centers and other non-residential for this area. The Plan states: "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." Page 91 Staff Evaluation-,"'. Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) The proposed motor vehicle rental is consistent with the Comprehensive Plan recommendations for the area. Limited commercial activities that provide desired goods or services are considered acceptable uses. The proposed hours of operation and restricting the parking area of the rental vehicles are effective methods for insuring compatibility. (2) Several service uses, restaurants, and retail occupy the existing shopping center. The proposed use is compatible with the existing uses. The existing 498 parking spaces exceed the requirements for the shopping center. The parking takes into account a parking variance that was approved by the Board of Zoning Appeals on November 17, 2004 allowing a parking reduction for one of the tenants. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The hours of operation shall be Monday through Friday, 8:00 AM until 6:00 PM, and Saturday, 9:00 AM until 12:00 PM. 2. The vehicles shall be parked and cleaned in a designated area. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent at this site. 4. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 5. Signs shall be limited to building signs only. There shall be no signs placed within the windows or on the doors. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Public Agency Comments Public Works Master Princess Anne Road in the vicinity of this application is classified Transportation as an eight -lane divided, Major Arterial (urban) roadway, limited Plan MTP . access. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic LeveI`Cf Existing Land Use 2 — Service 511 ADT Princess 46,546 ADT' 34,940 ADT' Anne Road Level of "D" Proposed Land Use 3- Service 55 ADT 56,240 ADT' A V=.QV V411y 1 F. gas defined by shopping center 3 as defined by motor vehicle rental Water and Sewer: There is public water and sewer available to this site. Public Utilities Public Safety Police: 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. Fire and No parking of cars in Fire Lanes at any time. Rescue: Storage of vehicles awaiting rental must not obstruct Fire Department access to structure. No onsite repairs or maintenance permitted without Fire Code permit. Storage of hazardous, flammable or combustible materials on -site must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. Exhibit B Proposed Site Plan i ra r..rs rx swra7wT T�i", f-YC IOIiID ilX4 �% , (:(GlIenn C. Ort'LLO 9'/7 A, ,f fE Sr i . Gbld'S vsF uroer r GYM cM. m VaiR[KAI.. ]['FITS 110H11T. 0n'SiT L TttE CEILING AT 10'-0- v t I1 10 I A B C D E.� EX- T 5x^�T 1'-0' 21+-0" 20'-10` -2` 21'--0` STOREFROKI r II. LLJ Z © �, �y Z { - W 5 w w z 0 U < p z 0 -W x LL ti z G N. W 0 v z m IL e v Q � M �UQ 2$�rn pQrT 0 W<c °�ao II<> LjW �L✓1CT DPA 7NG A SHEE'7 1 OE 2 Exhibit C Enlarged Site Plan Exhibit D Exterior Photograph of Space CIE air C! I% I'��- - w m t Wit Cr CSC 9 a �S .0 N 1 41 E Ai g0� Mg p Iti i f( C € a m m m f 42 -$,Gam+ 'S ENTERPRI Exhibit E Disclosure Statement P E-RENT AG AR kgenda ,P:age 12 Item #3 Enterprise Rent -a -Car Conditional Use Permit 3809 Princess Anne Road District 7 Princess Anne January 12, 2005 CONSENT Dorothy Wood: The next order of business will be the consent items. We have several items that have been pulled from consent because there is opposition to these items. They were on the consent agenda. Now I will ask Mr. Din, our Vice Chair to handle this portion of our agenda. Thank you. William Din: Thank you Ms. Wood. Today's consent agenda will have eight items on there. As I call each item, will the representative or the applicant please come forward to the podium, state your name, your relationship to the application and state if you've read the conditions, if there are conditions stated there, and that you agree with them. Once the item is called and you agree to those we will have an explanation by one of our Planning Commissioners. We will vote on these items as a group. The first item that I have is Item #3, Enterprise Rent -a -Car. It's a Conditional Use Permit for motor vehicle rental on property located at 3809 Princess Anne Road, Unit 108D. This is in District 7, Princess Anne District. John F: My name is John Fagen. I'm the Regional Manager for Enterprise Rent -a -Car. We've read the conditions and we are agreement. William Din: Thank you for coming. There are five conditions with that. Is there any opposition to placing this item on consent agenda? If not, I would like Mr. Knight to make a comment on this item. Barry Knight: The applicant is requesting to occupy a vacant unit of an existing strip shopping center for a motor vehicle rental agency. This is on Princess Anne Road. It is part of almost a nine -acre shopping center. The space has been vacant for a while. The shopping center has close to 500 parking spaces in there. There is a designated area for the Enterprise Rent -a -Car to park the cars where they won't interfere with the rest of the strip shopping center. We feel like it was a good fit for the shopping center and a proper use for this piece of land so we have placed it on consent agenda. William Din: Thank you Barry. I'd like to make a motion to approve following consent item that was placed on the consent agenda, Item #3, Enterprise Rent -a -Car for a Conditional Use Permit in the Princess Anne District with five conditions. Dorothy Wood: Do I hear a second? We have a second by Mr. Knight. Item #3 Enterprise Rent -a -Car Page 2 _I:lij Ds� ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE NAY 0 ABS 0 ABSENT 2 on ABSENT Ed Weeden: By a vote of 9-0, Item #3 has been approved for consent. Map HI-7 193woc l-Co JuclC / Lj A. T. Associate 44 ® :a Vpii(-Ie Sales k Service C� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AT Associates, L.L.P. — Conditional Use Permit (motor vehicle sales, rental and service) MEETING DATE: February 8, 2005 ■ Background: An Ordinance upon Application of AT Associates, L.L.P. for a Conditional Use Permit for motor vehicle sales, rental, and service on property located at 2717 Virginia Beach Boulevard (GPIN 14974479240000). DISTRICT 6 — BEACH. ■ Considerations: The applicant proposes to demolish the existing showroom and administrative offices for Beach Ford and replace them with a modern facility. The architectural renderings submitted with the application depict a contemporary style two-story metal and glass frame building. The proposed building will be approximately 34,000 square feet in area. The applicant will retain the existing facility until the proposed building is ready to occupy. At that time, the existing facility will be demolished and replaced with an automobile display area. The proposed demolition of the existing showroom and its replacement with a new showroom and administrative offices facility is consistent with the Comprehensive Plan goals of providing an attractive, safe, and quality physical environment. The proposed automobile sales and rental use on the site is also compatible with the existing automobile sales and service on the site, and with similar commercial uses found in the adjacent and larger surrounding area. The Planning Commission placed this item on the consent agenda because it is the replacement of an existing business with a new, updated facility, Staff recommended approval, and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD SHOWROOM, 2717 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by Clark Nexsen Architecture and Engineering, dated 11/01/04. Said plan has been exhibited to the City of AT Associates, L.L.P. Page 2 of 2 Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "NEW SHOWROOM FACILITY FOR BEACH FORD", prepared by Clark Nexsen Architecture and Engineering. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. Landscaping for the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping, street frontage landscaping, and interior parking lot and display area landscaping. 4. No outdoor speakers or public address system shall be permitted. 5. No vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any portion of the public right-of-way. 6. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 7. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: � (e— , wk, A T ASSOCIATES, LLP Agenda Item # 9 January 12, 2005 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: Location and General Information Conditional Use Permit request for Motor Vehicle Sales, Rental and Service Property located 2717 Virginia Beach Boulevard A-12 GPIN: COUNCIL ELECTION DISTRICT: 14974479240000 6 - BEACH SITE SIZE: 12.41 acres EXISTING LAND USE: Motor Vehicle Sales and Service — Beach Ford SURROUNDING North: . Virginia Beach Boulevard LAND USE AND . Across Virginia Beach Boulevard is a strip retail ZONING: center / B-2 Business South: . North Lynnhaven Road and Mustang Trail • Across North Lynnhaven Road are Single-family homes and an Office use / R-10 Residential and B- 2 Business Across Mustang Trail are Office uses / B-2 Business East: . Mustang Trail • Across Mustang Trail are Office uses / B-2 Business West: • Foundry Lane, a Church, Office uses and parking area / B-2 Business NATURAL RESOURCE AND CULTURAL There are no natural resources or cultural features associated with FEATURES: the site. AICUZ: The site is in an AICUZ of more than 75dB Ldn surrounding NAS Oceana. The United States Navy has reviewed the request and finds the proposed showroom to be compatible with airfield operations. Summary of PrOposa The applicant proposes to demolish the existing showroom and administrative offices and replace it with a modem facility. The architectural renderings submitted with the application depict a contemporary style two-story metal and glass frame building. The modified hip roof will be of standing seam metal, blue in color, with aluminum glazed skylights. The proposed building colors are white and light gray with blue accents. The proposed building will be approximately 34,000 square feet in area. The applicant will Major Issues retain the existing facility until the proposed building is ready to occupy. At that time the existing facility will be demolished and replaced with automobile display area. The proposed site plan does not depict any landscaping associated with the new building. This issue will be addressed during detailed site plan review. The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the Comprehensive Plan recommendations and policies for the area. • Compatibility with the surrounding uses. Comprehensive Plan The Comprehensive Plan recognizes this site as being in the Strategic Growth Area 6. The land use planning policies for this Strategic Growth Area identifies this area as appropriate for mixed uses including offices, institutions, and hotels with limited additional retail. The Comprehensive Plan policies recognize Virginia Beach Boulevard as one of the City's major commercial and economically viable corridors. All new commercial development should be consistent with the goals of providing an attractive, safe, and quality physical environment. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) The proposed demolition of the existing showroom and its replacement with a new showroom and administrative offices facility is consistent with the Comprehensive Plan goals of providing an attractive, safe, and quality physical environment. The site is well organized and arranged to promote community aesthetics, function and quality. (2) The proposed automobile sales and rental use on the site is consistent with the existing automobile sales and service on the site, and with similar commercial uses found in the adjacent and larger surrounding area. Staff, therefore, recommends approval of this request subject to the following conditions. Conditions 1. The site shall be developed substantially in accordance with the submitted site plan entitled BEACH FORD SHOWROOM, 2717 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by Clark Nexsen Architecture and Engineering, dated 11/01/04. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The proposed building shall be constructed substantially in accordance with the submitted architectural renderings entitled "NEW SHOWROOM FACILITY FOR BEACH FORD", prepared by Clark Nexsen Architecture and Engineering. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. Landscaping for the project shall meet the requirements of the Site Plan Ordinance for foundation landscaping, street frontage landscaping, and interior parking lot and display area landscaping. 4. No outdoor speakers or public address system shall be permitted. 5. No vehicles shall be displayed on raised platforms. Vehicles shall be parked within the designated display areas. No vehicles shall be parked within any U portion of the public right-of-way. 6. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 7. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach lighting ordinance. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. U 3-12-87 Conditional Use Permit (Automotive Sales and Approved Service) 2-7-66 Rezoning (R-S 3 Residence Suburban to C-G 2 General Commercial) and Conditional Use Permit (Automotive Sales and Service) 2. 1-13-04 Conditional Use Permit (Child Care) Approved 6-23-98 Conditional Use Permit (Church Addition) Approved 3. 5-28-02 Conditional Use Permit (Off -site employee parking and Approved automobile storage) 4. 5-13-97 Conditional Use Permit (Automotive Sales and Denied Service) 5. 10-14- Reconsideration of Conditions Approved 97 12-12- Conditional Use Permit (Automotive Sales and Approved 88 Service) 6. 4-10-01 Conditional Use Permit (Automotive Rental) Approved 9-18-90 Subdivision Variance Denied 7. 8-26-97 Conditional Use Permit (Automotive Sales) Approved 9-18-89 Conditional Use Permit (Automotive Sales) Approved 8. 11-14- Rezoning (R-10 Residential to Conditional B-2 Denied 00 Business) and Conditional Use Permit (Automotive Sales) 9. 1-14-92 Conditional Use Permit (Automotive Repair) Approved 5-29-90 Conditional Use Permit (Gas and Car Wash) Approved 10. 4-11-95 Conditional Use Permit (Bulk Storage — Automobiles Approved only) Public Agency Comments Public Works Master Transportation Virginia Beach Boulevard in front of this application is Plan (MTP): classified as a Major Urban Arterial. This section of Virginia Beach Boulevard was recently widened to eight lanes. Future comments may be forthcoming upon a site plan submission. Existing Land Use Virginia Beach 46,073 56,240 - 240 Boulevard ADT' ADT' Proposed Land Use 3- 1,134 Average Daily Trips s as defined by the existing showroom 3as defined by the proposed showroom Public Utilities Water: The site has an existing water meter, which may be used or upgraded. Sewer: Sanitary sewer and pump station analysis for Pump Station #253 will be required to determine if flows can be accommodated. Public Safety Police: 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. Fire and Rescue: Fire Department concerns will be addressed during the detailed site plan review and the building plans review process. ,.. ' 777 hs N �.- WR 740 i elan, \ ff�I�iVfYKIIY/y 4 y1 A f1 c Icy? y�/want AWN 10 WAS Q� v `i k3 i' ,.� `' 4. -t` zr i^�.d. il� .r"„ rl sr 'fir-.ram � "� t .,•l ,.� � �' , ;, -� its � ""-- v. iy�`�� ...e � ,"� �x�. x, � i �� ✓ .,0_ r tia yir'r f� ��, / f r- Exhibit B roposed Site Plan ;, N. Lynnhaven Rd. A. A i Exhibit C Proposed Elevation 0 c� ;'ASOOCIATES Agenda IAWn 9 ..Page ,11 11 11 14 _ m d a > gig a32� p m iS A Hlla �i2& 3- 14 1 W a�p CHI ov v £ $ o a g Ava ,fit tit o r I VA I i flu, "WITIVIRMW-1kal � lot ta ri C �'ii • A a •• U Exhibit D Disclosure Statement Item #9 AT Associates, L.L.P. Conditional Use Permit 2717 Virginia Beach Boulevard District 6 Beach January 12, 2005 CONSENT William Din: Our next item is Item #9, AT Associates, L.L.P. This is an application for a Conditional Use Permit for motor vehicle sales, rental and service on property located at 2717 Virginia Beach Boulevard in the Beach District with seven conditions. Joe Bushey: Thank you Mr. Din and Commission. My name is Joe Bushey. I'm with Clark Nexsen, representing AT Associates. We have reviewed the conditions and in the interest of maintaining a high quality establishment, my client does accept the conditions. William Din: Thank you sir. Is there any opposition to placing this item on the consent agenda? If not, Ms. Anderson, will you please comment on this one? Janice Anderson: Thank you Will. This is an application for motor vehicle sales and — service. There is already at this site an established ongoing business, Beach Ford. What the applicant is requesting to do is demolish his existing showroom, and then replace it with a new modern updated facility. This will be the showroom and administrative offices. He is going to build the new building right behind the existing building, and then that will be tom down once the new building is completed. There are seven conditions with regard to the redevelopment of this site. We recommend approval. William Din: Thank you Jan. I'd like to make a motion to approve following consent item that was placed on the consent agenda, Item #9, AT Associates, L.L.P., a Conditional Use Permit for motor vehicle sales off of Virginia Beach Boulevard. This is in the Beach District with seven conditions. Dorothy Wood: Do I hear a second? We have a second by Mr. Knight. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER AYE RIPLEY AYE Item #9 AT Associates, L.L.P. Page 2 STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 9-0, Item #9 has been approved for consent. Map D 3 Map Not to Scale �D 1-2 -2 �c'`�D D�^ _ •- ` pZ tie; Creek lea 0 Herita e Motor Co. Inc. � cl� L � _ gpw 0111 OR O14Go f NA IL JI � 4 7 BY�� 1i bda 6 CUP - ,Auto 0 0DS \ AD 0 OR .2 E y yam` Yi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Heritage Motor Co., Inc. — Conditional Use Permit (motor vehicle sales) MEETING DATE: February 8, 2005 ■ Background: An Ordinance upon Application of Heritage Motor Co., Inc. for a Conditional Use Permit for motor vehicle sales on property located at 5173 Shore Drive (GPIN 14790767060000). DISTRICT 4 — BAYSIDE ■ Considerations: The applicant is proposing to lease the property to operate a used car sales business on the site. A request for a Conditional Use Permit for auto sales on this site was denied by City Council on April 9, 1996 due to a lack of details on the proposed renovation of the property. The current applicant has provided these details. The existing building will be painted, remodeled and will get a new standing seam metal roof. The existing concrete pillars in front of the building will be removed. A landscape hedge will be planted along the eastern property line, adjacent to the motel and landscaping will be provided along the Shore Drive frontage of the site. The applicant, Heritage Motor Co., Inc. is an independent auto dealership with an established Norfolk location. This site will be the first location for the company in Virginia Beach. Heritage is the only independent auto dealer in Norfolk authorized to represent the Military Installment Loan Educational Services, otherwise known as the "MILES" program. The MILES program is an educational program for military personnel who are prospective auto buyers. The area that the subject site is located in has developed with several mixed commercial uses, many of which provide services to patrons of the Little Creek Amphibious Base. This request will revitalize a neglected piece of property and improve the aesthetics with building renovations and additional landscaping. The improvements proposed on this site will help to encourage the desired level of quality that is envisioned for this corridor. The motor vehicle sales use is compatible with the adjacent commercial uses and, if operated in accordance with the conditions listed below, should have no negative impacts on the surrounding area. Heritage Motor Co., Inc. Page 2of3 The Planning Commission placed this item on the consent agenda because it is the redevelopment of a site that has been in a state of disrepair, the use is compatible with surrounding uses, Staff recommended approval, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The applicant shall submit a site plan for review and approval to the Department of Planning/Development Services Center before occupying the site or obtaining a business license. 2. The development of the site shall substantially adhere to the building elevation entitled "Proposed Elevations Heritage Motors Virginia Beach Va.", dated October 19, 2004 and prepared by Covington Hendrix Architects. This elevation has been exhibited to City Council and is on file with the Department of Planning. 3. The development of the site shall substantially adhere to the site plan entitled "Heritage Motor Co. Inc. Concept Plan" dated November 11, 2004 and prepared by Langley and McDonald, Inc. This site plan has been exhibited to City Council and is on file with the Department of Planning. 4. The existing concrete pillars in the front of the building shall be removed. 5. Streetfront landscaping, using plantings recommended in the Shore Drive Corridor Plan Appendices, shall be provided along the entire frontage of the site. 6. The entire parking lot/display area shall be resurfaced. All required parking spaces must be remarked (painted) clearly on the site, including installing the required handicap spaces and ramps in accordance with Americans with Disabilities Act (ADA) regulations. 7. Vehicles are to be parked in the designated areas and no vehicles shall be parked within any portion of the public right-of-way. 8. On -site vehicle or maintenance is permitted as an accessory use only for light mechanical work wholly within the building. Light mechanical work consists mainly of such things as fixing flat tires, replacing tires, windshield wipers, belts as needed. No outdoor storage of parts, tires or equipment is allowed. 9. The site shall be permitted a monument style freestanding sign, no more than eight (8) feet in height. There shall be no neon (or neon -like) signs or neon (or neon -like) accents installed on any wall area of the exterior of the building, windows, and/or doors, light poles or any other portion of the site. Heritage Motor Co., Inc. Page 3of3 10. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Departmen City Manager: S k � mac. HERITAGE MOTOR CO., INC. Agenda Item # 10 January 12, 2005 Public Hearing Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Location and General Information Conditional Use Permit for motor vehicle sales. Property located at 5173 Shore Drive 14790767060000 4 — BAYSIDE 1.2 acres ce .. re CR 11,E ,► Ies---��,�:. HERITAGE EXISTING LAND USE: Vacant restaurant building and associated parking SURROUNDING North: • Little Creek Amphibious Base / 1-2 Industrial LAND USE AND South: • Mini -Storage facility/ B-2 Community Business ZONING: East: • Auto Service Station / B-2 Community Business West: • Motel / H-1 Hotel NATURAL RESOURCE AND This property was originally developed as a fast food restaurant. The CULTURAL property has been vacant and the existing building has been boarded FEATURES: for over a decade. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary, of Proposa The applicant is proposing to lease the property to operate a used car sales business on the site. A request for a Conditional Use Permit for auto sales on this site was denied by City Council on April 9, 1996 due to a lack of details on the proposed renovation of the property. The current applicant has provided these details. The existing building will be painted, remodeled and will get a new standing seam metal roof. The concrete pillars in front of the building will be removed. A landscape hedge will be planted along the eastern property line, adjacent to the motel and landscaping will be provided along the Shore Drive frontage of the site. The applicant, Heritage Motor Co., Inc. is an independent auto dealership with an established Norfolk location. This site will be the first location for the company in Virginia Beach. Heritage is the only independent auto dealer in Norfolk authorized to represent the Military Installment Loan Educational Services, otherwise known as the MILES program. The MILES program is an educational program for military personnel who are prospective auto buyers. HERITAGE M Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with Comprehensive Plan guidelines for Shore Drive area • Compatibility with adjacent uses Comprehensive Flan The Comprehensive Plan policies established for the Shore Drive Corridor focus on the need to preserve and protect the character, environmental and economic value, and the aesthetic quality of the neighborhoods. The established type, size and relationship of land use located in and around these neighborhoods should serve as guide when considering future development. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: property and improve the aesthetics with building renovations and additional landscaping. The improvements proposed on this site will help to encourage the desired level of quality that is envisioned for this corridor. (2) The motor vehicle sales use is compatible with the adjacent commercial uses and, if operated in accordance with the conditions listed below, should have no negative impacts on the surrounding area. Staff, therefore, recommends approval of this request. Conditions 1. The applicant shall submit a site plan for review and approval to the Department of Planning/Development Services Center before occupying the site or obtaining a business license. 2. The development of the site shall substantially adhere to the building elevation entitled "Proposed Elevations Heritage Motors Virginia Beach Va", dated October 19, 2004 and prepared by Covington Hendrix Architects. This elevations has been exhibited to City Council and is on file with the Department of Planning. 3. The development of the site shall substantially adhere to the site plan entitled "Heritage Motor Co. Inc. Concept Plan" dated November 11, 2004 and prepared by Langley and McDonald, Inc. This site plan has been exhibited to City Council and is on file with the Department of Planning. 4. The existing concrete pillars in the front of the building shall be removed. 5. Streetfront landscaping, using plantings recommended in the Shore Drive Corridor Plan Appendices, shall be provided along the entire frontage of the site. 6. The entire parking lot/display area shall be resurfaced. All required parking spaces must be remarked (painted) clearly on the site, including installing the required handicap spaces and ramps in accordance with Americans with Disabilities Act (ADA) regulations. 7. Vehicles are to be parked in the designated areas and no vehicles shall be parked within any portion of the public right-of-way. 8. On -site vehicle or maintenance is permitted as an accessory use only for light mechanical work wholly within the building. Light mechanical work consists mainly of such things as fixing flat tires, replacing tires, windshield wipers, belts as needed. No outdoor storage of parts, tires or equipment is allowed. HERITAGE 9. The site shall be permitted a monument style freestanding sign, no more than eight (8) feet in height. There shall be no neon signs or neon accents installed on any wall area of the exterior of the building, windows, and/or doors, light poles or any other portion of the site. 10. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Supplemental Information Zoning History # DATE IREQUEST I ACTION 1 04/09/96 Conditional Use Permit (auto sales) DENIED 2 07/02/02 Conditional Use Permit (auto rental) GRANTED 3 04/04/83 Conditional Use Permit (mini -warehouse) GRANTED 4 12/10/84 Rezoning from B-2 Business to H-1 Hotel GRANTED HERITAGE COR CO., INC. ynda-Item #..10 :Page 6 Public Agency Comments Public Works Master Transportation Plan (MTP): Shore Drive in the vicinity of this application is considered a four lane divided minor suburban arterial. The Master Transportation Plan proposes a six -lane divided facility with a 150 foot right-of-way. No Capital Improvement Program projects are slated for this area. A right of way reservation may be required during detailed site plan review. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 28,862 28,200 - 1,646 Shore Drive ADT ADT' Proposed Land Use 3 - 529 .T��- Average Dauy i rrµb 2 as defined by fast food restaurant with drive -through 3 as defined by auto sales facility Public Utilities Water: This site must connect to City water. There is a 12-inch water main in Shore Drive fronting this site. Sewer: This site must connect to City sanitary sewer. Sanitary sewer system and pump station analysis of Pump Station 311 is required to determine if flows can be accommodated. Public Safety Police: 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. HERITAGE Fire and Rescue: No parking of cars in marked Fire lanes at any time. Storage of vehicles awaiting sale must not obstruct Fire Department access to the structure. Vehicles must not be used as barriers to prevent ingress/egress of the property. Storage of hazardous, flammable or combustible materials on -site must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. HERITAGE 'I"O'R C.O., 4,NC. enda Item,,'# 10 Page 8 it A Site ition e RW.3K arr R �2a'C Os t Sat 31teW VW MOW Pll�i Y tare LOU. �4 J. ill. $lFa7Dt �` ENTEI*ftsm -L L.G. MA 31M P. tale} " ZONO 4.1 e cawlD 401d OWS k ---------- ---- r+�t'SF`a+6'1t ii{-96' +�liLA 3M.f2' F'Jt "` Exhibit B Proposed Site Plan ORE DRIVE (U--. wxn W) Aor �toNfVl'fVl %� • tiW73 �h *". " Imo`---^-- i e F c t2t 2>r:n I 3w » aWNWa, a g cx ow F� F— F h MR: F L i w. � atww�c w site D1CfZEE41i. D tt�:J�l tf{iPaGi�23.:.i1�L7� i tQt'Sl $ tt0;40' 7$}y 1201 .5' ': KAY « PARCEL A OPWI 1470-W-25" JAcX RASwr Sw STORAC€! SHOW ORWE i.L.l: tam +ale P. 13% ':2� ----_-- ---^ --- ------ ---_-------- «. CGtONR Exhibit C - 1 m HERITAGE M Proposed Building Elevation Exhibit C - 2 Proposed Building Rendering Wi 0U Q 4 �h- f V Q w� O> dW �> �0 Ww Z 0 I 0) HERITAGE Exhibit D Disclosure Statement s q NOUv3ndjv Maddrr v asn $� .� a �+� k e �� `� � L fi � M• �n" Z X IN re C6 Item #10 Heritage Motor Co., Inc. Conditional Use Permit 5173 Shore Drive District 4 Bayside January 12, 2005 CONSENT William Din: Our next consent agenda item is Item #10, Heritage Motor Co., Inc. This is a Conditional Use Permit application for motor vehicle sales on property located at 5173 Shore Drive in the Bayside District. There are ten conditions and I believe Condition #8 was revised. David Hay: That's correct. Madame Chairperson and Mr. Din, thank you very much. Members of the Planning Commission, I represent Heritage Motor Co., Inc., and we agree to all the ten conditions especially condition #8 as revised. So we thank you very much. William Din: State your name please. David Hay: I'm sorry. My name is David Hay. William Din: Thank you. Is there any objection to placing this item on the consent agenda? If not, Mr. Ripley, would you please comment? Ronald Ripley: Yes sir. This is a Conditional Use Permit for motor vehicle sales and it is on Shore Drive located at the southwest quadrant of Independence Boulevard and Shore Drive directly across the street from the Little Creek Amphibious Base. It's about 1.2 acres of land. The reason why we put it on the consent is that this is a redevelopment of a site. It's an existing McDonald's location. It's been vacant and it's really been in awful condition for quite a few years. This applicant has proposed to come in and agreed to all the proffers. He's going to repaint the building. He's going to redo the look of it completely with a stainless steel roof. He is going to remove all those old cones that are out front and going to use that area to display automobiles. He's doing landscaping professionally and will redo the parking lot. It's going to be a nice improvement for the area. It's a compatible use. I will point out this. If you read the application this is located in Norfolk and we're very happy to have you in Virginia Beach. We hope you're very successful here. We're very pleased that you chose to come here. It's a satellite location. One thing I will point out is that one of the conditions does require that no vehicles are to be parked in any of the right-of-ways and we do have that as a problem sometimes. The used car lot is an independent entity and it is always a problem with enforcement so I just wanted to point that out to the applicant. Hopefully he's a good steward of the site and is mindful of that particular condition. For all those reasons and conditions, we placed it on the consent agenda. Item #10 Heritage Motor Co., Inc. Page 2 William Din: Thank you Ron. I'd like to make a motion to approve following consent item that was placed on the consent agenda, Item #10, Heritage Motor Co., Inc. An application for a Conditional use Permit to sell motor vehicles on Shore Drive in the Bayside District with ten conditions. Dorothy Wood: Do I hear a second? We have a second by Mr. Knight. AYE 9 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER WOOD AYE ABS 0 ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, Item #10 has been approved for consent. x,r_ - v 77 MapfNot to Scale o F1btH; m 049 T* TT R • t 7 CUP - File! Pumps CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FF Acquisitions, L.L.C. — Conditional Use Permit (fuel sales) MEETING DATE: February 8, 2005 ■ Background: An Ordinance upon Application of FF Acquisitions, L.L.C. for a Conditional Use Permit for fuel sales on property located at 2129 General Booth Boulevard (GPIN 24140867440000). DISTRICT 7 — PRINCESS ANNE. ■ Considerations: The applicant is proposing to install four (4) fuel dispensers and an overhead canopy within the existing parking lot of the Strawbridge Shopping Center, in front of the Farm Fresh grocery store. This will be a manned facility open to the general public. The proposal exhibits attractive, high quality design compatible with Strawbridge Square Market Place. The design also mitigates any negative impacts due to light pollution, signage, and safety concerns as they may relate to the existing neighborhoods and commercial uses in the area. The use of brick columns and green standing seam metal roof mimic the materials of the shopping center. The recommended conditions provide safeguards that the proposed canopy and fuel operation will not adversely impact nor be aesthetically intrusive to the surrounding properties. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: The canopy shall be constructed in substantial conformance with the elevation entitled, "FF Acquisitions Canopy," dated 12/11/04, with a standing seam metal roof and brick columns that match that of the existing shopping center. The exception to this elevation shall be that the fascia panel shall not be white but rather a brown hue to complement the existing color scheme of the shopping center. Said revised elevation shall be submitted to the Planning Department for review and approval prior to the issuance of a final approved site plan. FF Acquisitions, L.L.C. Page 2 of 2 2. The canopy shall be limited to approximately 50 feet by 67 feet, providing coverage for the four (4) fuel dispensers depicted on the submitted plan entitled "Site Plan for Proposed Fuel Center at Strawbridge Square Marketplace," prepared by Burgess & Niple, dated November 22, 2004. 3. No signage, lettering, clocks, striping, or logo recognition (either through the use of slogans, lettering or colors) shall be permitted on the canopy. The canopy shall remain clear of any advertisement except for a sign identifying the operator (Farm Fresh). 4. The proposed 10 foot by 10 foot building (kiosk) shall have an exterior building material of primarily brick, matching the colors of the canopy and the brick columns of the canopy, and shall be located as indicated on the plan identified above in Condition # 1. 5. The canopy lighting shall be low level and recessed. The lighting level shall not exceed 50 footcandles under the canopy. Verification, by a pre - approved third party source, such as an electrical engineer, of the lumen level shall be submitted to the Current Planning Division of the City of Virginia Beach Planning Department before the issuance of the Certificate of Occupancy with a photometric diagram plan of the canopy. 6. No outdoor vending machines and/or the display of merchandise shall be allowed. 7. Additional improvements to the parking lot for the purposes of expanding the number of parking spaces shall adhere to the applicable standards set forth in the City of Virginia Beach Landscaping Guide, dated December 2002, and all other applicable requirements. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager:Qtvlo� L F.F. ACQUISITIONS, L.L.C. ,w4 Agenda Item # 16 January 12, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: Location and General Information Conditional Use Permit for fuel sales. Property located at 2129 General Booth Boulevard. 24140867440000 OR CUP - Fuel Pumps COUNCIL ELECTION DISTRICT: 7 — PRINCESS ANNE SITE SIZE: 574,817 square feet EXISTING There is an existing shopping center and large parking lot on the LAND USE: property. SURROUNDING North: . London Bridge Road, retail / B-2 Community LAND USE AND Business District ZONING: South: . Retail, restaurants / B-2 Community Business District East: . Retail, General Booth Boulevard / B-2 Community Business District West: . Single family dwellings / PD-H2 Planned Unit Development NATURAL RESOURCE AND There is nothing on this site of significant environmental interest as CULTURAL the site is almost entirely impervious as it is developed as a shopping FEATURES: center. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. r Summary of • i The applicant is proposing to install four (4) fuel dispensers and an overhead canopy within the existing parking lot of the Strawbridge Shopping Center, in front of the Farm Fresh grocery store. This will be a manned facility open to the general public. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. F.F. Aesthetic treatment of the proposed canopy and pumps. • Consistency with the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan designates this parcel as being within the Primary Residential Area, Site 4 South General Booth Boulevard Corridor. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Every effort should be made to eliminate negative sensory impacts to adjacent properties, considering the existing residential and commercial uses in proximity to the proposed unmanned gas facility. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area. The plan states on page 91 that, "Limited commercial or industrial activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." Staff Evaluation's Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) The proposal exhibits attractive, high quality design compatible within Strawbridge Square Market Place. The design also mitigates any negative impacts due to light pollution, signage, and safety concerns as they may relate to the existing neighborhoods and commercial uses in the area. The elevations depict a canopy void of any striping or signage. The use of brick columns and green standing seam metal roof mimic the materials of the shopping center. (2) The Comprehensive Plan does recognize the need for commercial activities within the Primary Residential Area provided that "effective measures are taken to ensure compatibility and non-proliferation of such activities." The recommended conditions provide safeguards that the proposed canopy and fuel operation will not adversely impact nor will it be aesthetically unappealing to the surrounding properties. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The canopy shall be constructed in substantial conformance with the elevation entitled, "FF Acquisitions Canopy," dated 12/11/04, with a standing seam metal roof and brick columns that match that of the existing shopping center. The exception to this elevation shall be that the fascia panel shall not be white but rather a brown hue to complement the existing color scheme of the shopping center. Said revised elevation shall be submitted to the Planning Department for review and approval prior to the issuance of a final approved site plan. 2. The canopy shall be limited to approximately 50 feet by 67 feet, providing coverage for the four (4) fuel dispensers depicted on the submitted plan entitled "Site Plan for Proposed Fuel Center at Strawbridge Square Marketplace," prepared by Burgess & Niple, dated November 22, 2004. 3. No signage, lettering, clocks, striping, or logo recognition (either through the use of slogans, lettering or colors) shall be permitted on the canopy. The canopy shall remain clear of any advertisement. 4. The proposed 10 foot by 10 foot building (kiosk) shall have an exterior building material of primarily brick, matching the colors of the canopy and the brick columns of the canopy, and shall be located as indicated on the plan identified above in Condition # 1. F.F. 5. The canopy lighting shall be low level and recessed. The lighting level shall not exceed 50 footcandles under the canopy. Verification, by a pre -approved third party source, such as an electrical engineer, of the lumen level shall be submitted to the Current Planning Division of the City of Virginia Beach Planning Department before the issuance of the Certificate of Occupancy with a photometric diagram plan of the canopy. 6. No outdoor vending machines and/or the display of merchandise shall be allowed. 7. Additional improvements to the parking lot for the purposes of expanding the number of parking spaces shall adhere to the applicable standards set forth in the City of Virginia Beach Landscaping Guide, dated December 2002, and all other applicable requirements. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. 44 Supplemental Information Zoning History �- Flail a �► o . CUP - Fuel Pumps # I DATE IREQUEST ACTION 1 02/10/98 Conditional Use Permit (church) Granted 2 06/11/96 Conditional Use Permit (car wash) Granted 05/19/86 Conditional Use Permit (fuel sales) Granted 3 06/27/95 Change of Zoning (R-20 Residential District to R-10 Granted Residential District) 4 07/11/88 Conditional Use Permit (fuel sales) Denied 5 10/22/84 Change of Zoning (R-3 Residential District to R-8 Granted Residential District) 6 10/22/84 Change of Zoning (R-3 Residential District to B-2 Granted Community Business District) Public Agency Comments Public Works Master Transportation Plan (MTP): General Booth Boulevard is a four (4) lane, divided urban arterial. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 14,800 — — 3,221 ADT General Booth 33,076 O Boulevard ADT' ADT' Proposed Land Use 3-1,348 ADT "Ivu"Iy6 vauy I IIF.-O 2 as defined by Shopping Center 3fuel sales (1,348 additional trips due to the fuel pumps) Public Safety Police: 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 theypertain to this site. Fire and Rescue: Fire code permits required at time of occupancy, contact the Fire Department for permit information.' Storage of hazardous, flammable or combustible materials on -site must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. Operator must supply on -site and hazard mitigation kit for small consumer fuel spills. Exhibit B -1 Proposed Site Plan �I Exhibit B - 2 Proposed Site Plan (Detail) 240 FUEL CENTER INSET tc g of ised opy n_ pp tmpb..F fl W CCIDW`a3C, yg e 1 ij �C. �'♦3 6w• M i� aiF �_ LI J J s8 r Exhibit D -1 Disclosure Statement NOUYN laff MRd RIM UNOW(IM03 r' 0 m qQ b Q,U s a 4 sm m c 1 m e QQ ,g m 4 6. II ... °�tj$� ��, Ctl C 4S a! Ad W C9 J t cc °e +� >� m e ac+c��p +°�_ ..P.. L =O m �Vd �'L` C G� 6�ID w� m Mpg, .Lm tI ss E.Y� J N `�cC m m 4 ym� L LZ 'gyp.. C ❑ ai i- Si, itl El Er O er OL fi fA U 3 e- c3 F.F. CQUISITIONS �n da Item #.16 Page 1.3 Exhibit D - 2 Disclosure Statement Property Owner The Brown Farm Associates, LLP, a'Virginia joint venture, as tenant in common with Stanton Air Cargo Associates Center, LLC, a Virginia limited liability company 101. West Main Street Suite 470 Norfolk, VA 23510 Phone 627-1961 Fax 627-2768 teresa@stantonpartners.com Directors, Officers Report FF Acquisition, L.LG_ David L. Boebam John$Hooley JohnP. Breedlove J. Andrew Htaing Stephanp. ISdgr ff Jn= L. Stoffel Warren F. Sampson Daniel Alden Swtt Bayne KumT. Bcn= RAmald L Drums Michael L Ckim James Jmam Leine G. Jobmson Pamela K. Knous SmnT. Mayo Glenn Sharpe SbevyM. Smith Kcnndh 'T"U* Earl Toler tbisUTher VanParys Exe cudve Vice President Executive We President Vie President And Secaetarya y Senior Vice President Vine President Vioe president .Assistant Seartay Vwe PresidentPharsaaey V-=P=6dcak operations vie Pre.dent sad Aft Controller Vice PresWWJ-FbUwe & CFO Pteddeat and COO Vice P esideat-General lvtachm is. & HealtWR—AY C— Vke Prudent-Swro Develop-= Vice President Adva6sing Vice Presided Meat Oparaaoas VkAPresideni, Human Rcsources E=canve Vice President and OddFinancial Offiwr ilex plod&-w-c*u9w= Affairs & pnbhc Relations Vice Pcavdeat-Data Processing senior vice Prrmden4 Finance and Treaanw Vice Prssid�Floral Vice president -Information Systems vice President Product July 08, 2004 Item #16 FF Acquisitions, L.L.C. Conditional Use Permit 2129 General Booth Boulevard District 7 Princess Anne January 12, 2005 Joseph Strange: The next item is Item #16, FF Acquisitions, L.L.C. An Ordinance upon Application of FF Acquisitions, L.L.C. for a Conditional Use Permit for fuel sales on property located at 2129 General Booth Boulevard, District 7, Princess Anne. There are seven conditions. R.J. Nutter: Thank you very much Mr. Strange. Madame Chairwoman, it's a pleasure to be back today. My name is R.J. Nutter. I'm an attorney. I'm representing FF Acquisitions, which is in essence is a construction division of Farm Fresh. Today, with me, making a short presentation following my presentation is Robert Stanton, who you all know very well. Robert is the owner of Strawbridge Shopping Center. He will be happy to answer your questions that you might have. I would like to begin by telling you a little bit about the application. As you know, your staff has recommended approval of the application. They have proposed seven conditions. As you know, we talked in the earlier session and six of those seven conditions are okay. We would ask to slightly modify one of those seven conditions. The frame work that we're talking about and let me tell you a little bit about the application. Farm Fresh is becoming more and more involved using gas as a convenience and an opportunity for sale to their customers. They find repeatedly that their customers look for them for a wide variety of product mix and more and more often it is getting into the gas facilities as well. They are in the process, as a result of utilizing and introducing gas facilities at their grocery stores throughout Hampton Roads. They have facilities now in Chesapeake. We have a facility in Norfolk. We're building facilities in York County, James City County, Poquoson, as well you'll see other applications coming forth in Virginia Beach. They have been well received in every jurisdiction we have been approved in. We've been approved in every jurisdiction that we have applied so just give you a little bit of history about them. We have been well received. They are typically located not at, as this is, not at an interchange. It really provides a nice level of support for you. What we have is a situation here, and in working with staff we have located these where they are not adjacent to any public right- of-way. We're not adjacent to General Booth Boulevard or London Bridge Boulevard. In fact, we're immediately behind a facility that is an existing gas facility up on the corner. Dorothy Wood: Excuse me. Ed just reminded me that you have two speakers that the ten minutes is divided. R.J. Nutter: Thank you very much. Item #16 FF Acquisitions, L.L.C. Page 2 Dorothy Wood: Thank you sir. R.J. Nutter: I'll try to speed this up. I apologize. We will introduce no new entrance to the shopping center whatsoever. All the existing curb cuts remain the same. The vast majority of our customers that use these are Farm Fresh customers so they generate very little additional traffic. Most people are simply there to do shopping because when you leave because if you get a discount on your gas its put it right on your receipt. You take your receipt to the gas facility. It reads the reader off the receipt that you get from the store and it applies to your sale immediately. So, it generates no additional traffic not coming to the center to begin with. We have reduced the footprint on this location. This was originally designed for four islands, with one pump on each island. With staffs input we reduced it to two islands with two pumps per island. So, it occupied a much lesser footprint. We've located it in a place in the center where it has the least impact on parking in the facility. In fact, as you probably know we submitted a planning report that we will, in fact, meet code requirements even with this application and as you know, we're putting in 33 new parking spaces. Those parking spaces can be designated per say but they're used for their employees. That makes a big difference in the shopping center because right now all the employees are parking on the main parking field. So, we have a situation here where we're still meeting parking requirements. We've worked with staff to minimize impact. We've worked with staff on the conditions and one word on those. All the conditions are acceptable. They cover everything from house design, what it looks like, the materials, and the lighting. All those features are identified. The one issue we do have a problem with is the additional signage on the canopy. As you know, our original design we had a digital sign that only advertised the price of gas, as well as we had a fuel express sign, and we had a Farm Fresh sign. What we're proposing and staff's conditions right now is for zero signage on the canopy. Our problem is that we have no building that we can have signage on because we're not an out parcel a lease parcel only. We're not allowed to have a freestanding sign. So, we have no way of advertising these features other than the canopy right now. I agree with Bob that we would propose to amend this condition so that we can add a Farm Fresh sign on the canopy, and I understand that the Planning Department has agreed to work with us on the location for signage, where we can advertise the price for the gas. Staff feels like it is a very important component. We prefer to put it on a canopy, they prefer not too so they're going to work with us on some alternate locations. So, on Condition #3, if we could simply add this very brief language. I think it would allow us to do that. You can leave it as is at the beginning just add the following "except for a sign identifying the operator (Farm Fresh)" then the rest of it is the same. So other than that, all the conditions are acceptable. I would like to introduce Mr. Stanton unless you all have any questions. Dorothy Wood: Thank you Mr. Nutter. R.J. Nutter: Thank you very much. Mr. Stanton. Dorothy Wood: Welcome Mr. Stanton. We're happy to have you with us. Item #16 FF Acquisitions, L.L.C. Page 3 Robert Stanton: How are you? Thank you. My name is Robert Stanton. I live at 4141 First Court Road in Virginia Beach. I own the Strawbridge Market Place where this application is located. We have a policy in all of our shopping centers of doing, as long as it is within the bounds of good planning, whatever is good for our major tenant. Farm Fresh is our major tenant. They are the 800 lb Gorilla at Strawbridge. Anything that we can do to cause their customers to buy more groceries and spend more time in that store, we're all for it. And this is a great program. We've seen it in other Farm Fresh stores around Hampton Roads. The customers like it and we like it because they like it. We've worked with Farm Fresh. This will be the most attractive facility of this type that they built thus far and I think the Planning staff in Virginia Beach has driven us to a higher level. In addition, I'd like to thank the landlord because he may have a little bit to do with that. This is going to be an attractive fuel center. We ask for your support. If you have any questions, I'll be glad to answer them. Dorothy Wood: Thank you very much. Are there any questions for Mr. Stanton? Ron? Ronald Ripley: I was just curious. It's located probably in the most inconspicuous place on the property. It seems like you'd locate it closer to the road. Robert Stanton: That is the least parked area of the shopping center. It is the least popular spot in the parking lot in terms of customer parking usage. Really, we have very successful shopping center here that parking is in high demand and if we couldn't have put it in that location we wouldn't have put it in the shopping center. It's got good visibility there, which is coincidental. Also coincidentally, it was a site that we put on the plat in 1986, when we built this center, that is attached to every other major tenant lease in the center, that permits us to build something there without having to go to each tenant, and ask for their approval. So, it was really the only place we could put it in the shopping center and coincidentally it just worked out that it happened to be the least parked area of the center, so we feel real good about the fact that it is not going to impair the parking convenience of the center by putting this there. Ronald Ripley: Good. Dorothy Wood: Thank you Ron. I'm sorry, Barry Knight has a question for you. Barry Knight: Mr. Stanton, I have two questions. One, I was kind of questioning why you were going to put the gas station there. I mean you have one, you don't have one but on the corner of the property there is one 25 yards away or so, and I'm not going to try and second guess you and think that you wouldn't want it there nor would Farm Fresh want it there if they didn't think it would make them money. So, I understand the free enterprise system so I kind of answered my own question on that but you'll be happy to know that I'm a great patron of your shopping center. You have wonderful eating establishments there and I go there a lot. And, it is a very under utilized section of the parking lot except on Friday, Saturday, and Sunday nights when your folks use the Vivo's and the Guadalajara's and the Atlas and then a lot of folks go to the movie Item #16 FF Acquisitions, L.L.C. Page 4 theaters. I had a large question about that because I go in there quite often but your adding 33 parking spots in the rear and of course that is permitted, I assume because it is still zoned business. How are you going to encourage the employees to use these parking spots to kind of free up this other area? Robert Stanton: All of are leases have provisions in them that we can designate employee parking and tenants are required to park in those spaces. Barry Knight: You've answered my question. Thank you. Dorothy Wood: Are there any other questions? Thank you so much for coming down Bob. Robert Stanton: Thank you. Dorothy Wood: Is there any discussion? Is there a motion? Yes sir. Robert Miller: I'll make a motion that we approved Item #16 FF Acquisitions. Dorothy Wood: Thank you Mr. Miller. Mr. Miller made the motion. Ronald Ripley: I believe that motion included the additional words. Robert Miller: The ones that R.J. read. Yes. Ronald Ripley: Except for the sign identification for the operator. Robert Miller: Yes it does. Dorothy Wood: Thank you Mr. Miller. Eugene Crabtree: I'll second it. Dorothy Wood: Mr. Crabtree seconded it. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER AYE RIPLEY AYE Item #16 FF Acquisitions, L.L.C. Page 5 STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 9-0, the application of FF Acquisitions, L.L.C. has been approved the Board. Dorothy Wood: Thank you for coming down Mr. Stanton. Robert Stanton: Thank you. Carolyn Smith - Fuel Sales in Strawbridge _ From: j mosher <jmosher924@yahoo.com> To: <CAKSmith@VBGov.com> Date: 1/11/2005 9:25 AM Subject: Fuel Sales in Strawbridge Dear Ms. Smith, Thank you for sending me the site plan for the proposed fuel station in the Strawbridge Marketplace per our telephone conversation on 1/4/05. After reviewing the site plan, I still have some concerns about additional traffic and noise in that area. Since my property is located behind the Farm Fresh store, I am concerned about the additional parking spaces to be added behind the shopping center. I would not like more traffic or noise than what I already have due to trucks making store deliveries. I feel that the residential area should remain as quiet as possible and hope that additional traffic would not devalue my home or be a disturbance. If you need to contact me for any additional information, please feel free to do so. Thank you for your assistance. Sincerely, Jennifer Jones 430-9216(home) 491-3957(work) Do you Yahoo!? The all -new My Yahoo! - What will yours do? htto://myyahoo.com file://C:\V i'MT\Temp\GW}00002.HTM 1/11/2005 CUP for Home Occupation .N n u .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Jeffrey P. Knight — Conditional Use Permit (home'occupation) MEETING DATE: February 8, 2005 ■ Background: An Ordinance upon Application of Jeffrey P. Knight for a Conditional Use Permit for a home occupation (saltwater hobbyist — design and sale of related items) on property located at 697 Masefield Circle (GPIN 14860648620000). DISTRICT 3 — ROSE HALL ■ Considerations: The applicant is an avid advanced saltwater hobbyist with a special interest in marine invertebrates, coral propagation and custom reef aquarium design and maintenance. According to the application, Mr. Knight proposes to operate a side business in the evening hours and weekends by appointment only, one patron at a time, for selling custom and specialty aquariums, marine invertebrates and corals. He does not propose to employ anyone. The home is approximately 1,722 square feet and most of the activity will occur within the 247 square foot attached garage. The minimal activity expected by the applicant is not likely to adversely impact the surrounding properties in any way. The applicant will accept clients on an appointment only basis and has limited the hours of operation. From the exterior of the townhouse, business activity association with the proposed home occupation should be virtually undetectable. The applicant has supplied Planning Staff with letters of support from the adjacent property owners. The Planning Commission placed this item on the consent agenda because it will not impact surrounding properties, Staff recommended approval, and there was no objection to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following condition: 1. In accordance with Section 234 of the City of Virginia Beach's Zoning Ordinance, not more than twenty (20) percent of the floor area of the dwelling unit and accessory structure shall be used in conjunction with the Jeffrey P. Knight Page 2 of 2 home occupation and there shall be no identification signage for the business upon the property. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: JN,V� V'— JEFFREY P. KNIGHT Agenda Item # 7 January 12, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for a home occupation. LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Property located on 697 Masefield Circle 14860648620000 3 — ROSE HALL 2,383 square feet CUP for Home Occupation J EXISTING LAND USE: There is an existing townhouse on the property. SURROUNDING . Masefield Circle, stormwater management facility, LAND USE AND North: apartments / A-18 Apartment District ZONING: South: • Townhouses / A-12 Apartment District East: • Townhouses / A-12 Apartment District West: • Townhouses / A-12 Apartment District NATURAL RESOURCE AND CULTURAL There is nothing of environmental significance on this property as it is FEATURES: developed as a residential townhouse development. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary Of PrO.Os�I The applicant is an avid advanced saltwater hobbyist with a special interest in invertebrates, coral propagation and custom reef aquarium design and maintenance. According to the application, Mr. Knight proposes to operate a side business in the evening hours and weekends by appointment only, one patron at a time, for selling custom and specialty aquariums, invertebrates and corals. He does not propose to employ anyone. The home is approximately 1,722 square feet and most of the activity will occur within the 247 square foot attached garage. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. JE Compatibility with the surrounding residential units. • Consistency with the Comprehensive Plan. Comprehensive This site is located in a Primary Residential Area. The Comprehensive Plan Policy document reinforces the suburban characteristics found in residential areas. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Iq Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are as follows: (1) The minimal activity expected by the applicant is not likely to adversely impact the surrounding properties in any way. The applicant will accept clients on an appointment only basis and has limited the hours of operation. From the exterior of the townhouse, business activity association with the proposed home occupation should be virtually undetectable. The applicant has supplied Planning Staff with letters of support from the adjacent property owners. not limited to, restricting the amount of area that can be used for the home based business, prohibiting the use of signage, and generating no additional traffic than what is customary of a residential street. Staff, therefore, recommends approval of this request. Conditions 1. In accordance with Section 234 of the City of Virginia Beach's Zoning Ordinance, not more than twenty (20) percent of the floor area of the dwelling unit and accessory structure shall be used in conjunction with the home occupation and there shall be no identification signage for the business upon the property. NOTE. Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Supplemental Information Zoning History CUP for Home Occupation # DATE IREQUEST I ACTION 1 08/27/96 Conditional Use Permit (motor vehicle rentals) Granted 2 10/24/88 Conditional Use Permit (car wash) Withdrawn Public Agency Comments Public Safety Police: 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. Fire and Rescue: T Ad -equate — no additional comments. tjLy Exhibit B ICU Site Survey 5 t011a err L May TO nas MASMELD MASEFIEID CIRCLE z W 10 t; Coo c �m j O C L7 .y IV Df C 1� ,,y G,° W CL Cp m I y es eC ®�£ OLs'8yty3S'"y .8r) L a} C CUl tfi d 41 $ me m�y - E .j Q WyW N,vNy` U y y d'a�yyypp 41 �i py, tV y®��C.�y�pCty°Oy� GGcf� c®�. � Cq'c4 C y��,E cCL a�� ac � � m � � � �= •c � ar. mrri r .as 30 £Z� c Ei;ag �cm W c� mob m= C C C C � � a C W z a O � Y N W -: up- t3�.yyW S ` 1 rat `Itl 1 i-411,1 r(IN MIKYRI(In-I tl1 m G C C pp li y j yy Q@� my ° L L t E 3 ° a y d rS 'iWt q. FIE O y tC TM O C_ QL. 1.2 visa J m¢ CL OR a'¢ mN C A L G 05 C W W m a 4 2 `° 'i a. 20 N O m m 'ice QS :E y a m 3 = A.a r = c si e a m C O 0 Y .G M. L C m® ati .G C L i7 .r'L. C R 'S. t0 •4 t`xS O p0 L5 U L L O 5 CO IM y O = o e tW Z CI: _ C Z ri z st ed Exhibit C Disclosure Statement Item #7 Jeffrey P. Knight Conditional Use Permit 697 Masefield Circle District 3 Rose Hall January 12, 2005 CONSENT William Din: The next item is Item #7, Jeffrey P. Knight. This is an application from Mr. Knight for a Conditional Use Permit for a home occupation (saltwater hobbyist — design and sale of related items) on property located at 697 Masefield Circle in the Rose Hall with one condition. Welcome sir. Jeffrey Knight: Ladies and gentlemen. I agree with the Commission. I'm agreeing with all of the ordinances and my name is Jeffrey Paul Knight. I'll be the owner and operator. I won't have any employees or no changes of obstructing the view of the house or anything. There will minimal activity. I totally agree. William Din: Thank you Mr. Knight. Jeffrey Knight: Thank you. William Din: Is there any opposition to placing this on consent? If not, Mr. Crabtree will comment on this item. Eugene Crabtree: Mr. Knight has just explained why we put it on the consent agenda. It's not going to have an impact on the neighborhood. This is strictly a hobby for him. He wants to do this and in the process of his hobby, he would like to be able to sell some of his hobbyist items that he develops. It is not going to have any opposition from any of the neighbors. It's compatible with our Comprehensive Plan and consequently, we felt like it should be on the consent agenda. William Din: Thank you Gene. I'd like to make a motion to approve following consent item that was placed on the consent agenda, Item #7, Jeffrey P. Knight, an application for a Conditional Use Permit for a home occupation in the Rose Hall District with one condition. Dorothy Wood: Do I hear a second? We have a second by Mr. Knight. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE Item #7 Jeffrey P. Knight Page 2 HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 9-0, Item #7 has been approved for consent. Item V-L.4. -35- PLANNING ITEM # 53266 Bishop Joseph Stallings, Jr., 3420 Holland Road, Phone: 468-7467, represented the applicant Upon motion by Council Lady McClanan, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of the CITY OF REFUGE CHRISTIAN CHURCH for the renewal of their November 27, 2001, and NEW Conditional Use Permit for a church:* ORDINANCE UPON APPLICATION OF CITY OF REFUGE CHRISTIAN CHURCHFOR A CONDITIONAL USE PERMITFOR A CHURCHROI10431210 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of City of Refuge Christian Church for a Conditional Use Permit fora church on property located at 3420 Holland Road, Suites 103-105 (GP. N 14868230880000). DISTRICT 3 —ROSE HALL *The Child Care Education Center shall be DEFERRED INDEFINITELY, until information is received from the City staff. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23'd of November Two Thousand Four Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and James L. Wood November 23, 2004 Zoning History # I DATE IREQUEST I ACTION 1 04/23/90 REZONING from 0-2 Office to B-1A GRANTED Neighborhood Business 11/22/94 CONDITIONAL USE PERMIT (church) GRANTED 10/10/00 CONDITIONAL USE PERMIT (church) GRANTED 11/27/01 CONDITIONAL USE PERMIT (church) GRANTED 2 05/02/92 CONDITIONAL USE PERMIT (church) GRANTED 3 02/27/84 CONDITIONAL USE PERMIT (mini -warehouse) GRANTED 4 08/19/85 CONDITIONAL USE PERMIT (auto sales and GRANTED repair) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Refuge Christian Church — Conditional Use Permit MEETING DATE: February 8, 2005 ■ Background: An Ordinance upon Application of City of Refuge Christian Church for a Conditional Use Permit for a child care education center on property located at 3420 Holland Road, Suites 103-105 (GPIN 14868230880000). DISTRICT 3 — ROSE HALL. The City Council deferred this item on November 23, 2004 to provide time for staff and the applicant to meet and discuss the Building Code requirements that must be met for this use. The staff and the applicant have met on a number of occasions and the applicant has submitted plans to the Permits and Inspections Division of the Department of Planning. Staff is satisfied that the proposed changes to the interior of the building will meet the requirements of the Building Code for this use. ■ Considerations: The church use currently exists on this site. The church use was granted a Conditional Use Permit to operate on November 27, 2001 and November 23, 2004. The applicant is requesting a Conditional Use Permit for a small childcare center within the church. The childcare center would be operated under the Commonwealth of Virginia provisions for child care with a religious exemption, which allows the church to operate the center without providing an outdoor play area. There have been no parking problems or land use compatibility issues with the existing church use that has existed within this retail center for three years. There is adequate room to operate a day care / preschool center in conjunction with the church, which provides an essential service to the surrounding community. The Planning Commission placed this item on the consent agenda because the church has been operating in a manner that is compatible with surrounding uses, Staff recommended approval, and there was no opposition. City of Refuge Christian Church Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following condition: The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building for the child care center. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: % �- "r, 4�' CITY OF REFUGE CHRISTIAN CHURCH Agenda Item # 23 October 13, 2004 Public Hearing Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision reqardinq this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: M N Location and General Information r Conditional Use Permit for a church and child care education center 3420 Holland road, Suites 103-105 14868230880000 3 — ROSE HALL CITY OF REFUGE Agenda Item #-23 Page 1 SITE SIZE: 14,843 square feet EXISTING LAND USE: Retail/office center SURROUNDING North: • Church / A-12 Apartment District LAND USE AND South: • Office / 0-2 Office District ZONING: East: • Office / 0-2 Office District West: • Auto Sales / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: None AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana. The proposed use is compatible within this AICUZ as long as measures to achieve noise level reductions are incorporated. a Pa Summary of Proposal The church use currently exists on this site. The church use was granted a Conditional Use Permit to operate on November 27, 2001 subject to the following conditions. 1. All necessary permits and inspections, and a certificate of occupancy, shall be obtained from the Permits and Inspections Division of the City of Virginia Beach Planning Department before occupancy and use of the units as a church. 2. The Conditional Use Permit is valid for 3 years. The three-year limit set in 2001 means that the Conditional Use Permit must be renewed in order to continue to operate past November 2004. The applicant is requesting a renewal of the Conditional Use Permit at this time and, in addition, is requesting approval for a small child care center within the church. The child care center would be operated under the Commonwealth of Virginia provisions for child care with a religious exemption, which allows the church to operate the center without providing an outdoor play area. CITY OF REFUGE AgendaItem# 23 Page 2 Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Compatibility with surrounding uses. Comprehensive Plan The Comprehensive Plan designates this area as being part of the "Primary Residential Area." The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land use, both residential and non- residential, located in and around neighborhoods should serve as a guide when considering future development. PF Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this reques each of the `Major Issue' identified above. There are no parking problems or land use compatibility issues with the proposed church use that has existed within this retail center for three years. There is adequate room to operate a day care / preschool center in conjunction with the church, which provides an essential service to the surrounding community. CITY OF REFUGE Agenda Item # 23 Page 3 Staff, therefore, recommends approval of this request subject to the following conditions. Conditions The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building for the child care center. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. As stated by the applicant, the center will be operated under the Commonwealth of Virginia provisions for child care with a religious exemption and no outdoor play area will be utilized. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. CITY OF REFUGE AgendaItem# 23 Page 4 Supplemental Information :' Zoning History # I DATE IREQUEST ACTION 1 04/23/90 REZONING from 0-2 Office to B-1A Neighborhood GRANTED Business 11/22/94 CONDITIONAL USE PERMIT (church) GRANTED 10/10/00 CONDITIONAL USE PERMIT (church) GRANTED 11/27/01 CONDITIONAL USE PERMIT (church) GRANTED 2 05/02/92 CONDITIONAL USE PERMIT (church) GRANTED 3 02/27/84 CONDITIONAL USE PERMIT (mini -warehouse) GRANTED 4 08/19/85 CONDITIONAL USE PERMIT (auto sales and repair) GRANTED CITY OF REFUGE Agenda Item # 23 Page 5 Public Agency Comments Public Works No Comments Public Utilities Water: This site is currently connected to City water. Sewer: This site is currently connected to City sewer. -71 Public Safety Police: 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. Fire and Rescue: The Fire Department will review the detailed plans during the permit process. CITY OF REFUGE Agenda Item # 23 Page 6 . ..... . .. .. IX, JIM Exhibits Exhibit A Aerial of Site Location CITY OF REFUGE Agenda Item # 23 Page 7 Exhibit B Existing Site Layoul CITY OF REFUGE Agenda Item # 23 Page 8 Exhibit C Photograph of Existing Church CITY OF REFUGE AgendaItem# 23 Page 9 KOIlV3rlddV 11MId qSa IWOUICN03 z w 2 w w O J U W Y tu s n. C C G J v : C= ^bJ z� }•'O v o y q rJ r a c7± a C � t C LC f V ,$ i n O L'i C» C r- C iv � Cs � r _ 32 v �x U n— i- ` t o Z O — > ` 71 N_T I T 0 'JlTddd 11WHHd HM IVKOIIICN03 Exhibit D Disclosure Statement CITY OF REFUGE Agenda Item # 23 Page 10 Page 1 of 1 Stephen White - Fwd: Re: city of refuge From: Cheri Hainer To: Duke, Barbara Date: 1/27/2005 10:32 AM Subject: Fwd: Re: city of refuge We have worked out the construction issues and he will need to get a permit to make the necessary changes once he gets his use permit. We will include any conditions you impose on the certificate of occupancy. >>> Barbara Duke 01/27/05 09:30AM >>> Is everything okay with this site now? Bishop Stallings said he was meting with Bill Davis at 2:00 yesterday. Barbara J. Duke, AICP City of Virginia Beach Planning Department bduke@vbgov.com 757-427-4901 file://C:\Documents%20and%20Settings\swhite\Local%20Settings\Temp\GW}00008.HTM 1/27/2005 Item #23 City of Refuge Christian Church Conditional Use Permit 3420 Holland Road, Suites 103-105 District 3 Rose Hall October 13, 2004 CONSENT William Din: The last item that I have on consent is Item #23. This is the City of Refuge Christian Church. It's an application for a Conditional Use Permit for a church and child care education center on property located at 3420 Holland Road, Suite 103-105 in the Rose Hall District. There are two conditions. Bishop Joseph Stallings: Good afternoon Madame Chairman, Mr. Vice Chairman and each and everyone of the Planning Commission. We do agree with the conditions that are set before us. We appreciate you putting us on the consent list. My name is Bishop Joseph Stallings. William Din: Thank you Mr. Stallings. Bishop Joseph Stallings: Okay. Thank you. William Din: Is there any opposition to this item being on consent? If not, Don Horsley will please explain it. Donald Horsley: Here again we have a favorable recommendation from the staff and this is an item for a Conditional Use Permit which was issued in November 2001, and it again runs again on a three year time limit. The time is closely expired. The only change to this is that the church is petitioning to operate a child care center and this child care center would be operated under the Commonwealth of Virginia for reasons of child care with a religious exception, which allows the church to operate the center with them providing an outdoor play area. They got conditions that relate to these and I understand that the church is operating in a very sensible way and they're doing a great job. We feel like that they deserve to be put on the consent agenda. William Din: Thank you Don. Madame Chair, I would like to make a motion to approve the following consent agenda item, Item #23 City of Refuge Christian Church for a Conditional Use Permit for a church and child care education center on property located at 3420 Holland Road, Suite 103-105 in the Rose Hall District with two conditions. Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the Board. Dorothy Wood: Thank you all for coming. Item V-K.3. -28- PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: ITEM # 53451 Harry E. Diezel, Robert M. Dyer, S. McClanan, Richard A. Maddox, Reeve, Peter W. Schmidt, Ron A. James L. Wood Council Members Voting Nay: None Council Members Absent: None Vice Mayor Louis R. Jones, Reba Mayor Meyera E. Oberndorf, Jim Villanueva, Rosemary Wilson and Councilman Wood DISCLOSED Pursuant to Conflict oflnterests Act § 2.2-3115 (H) re Item K.3. (City View One, LLQ. Councilman Wood advised Wall, Einhorn & Chernitzer, P.C. has provided, or will provide, services with respect to the requested property use. Councilman Wood has a personal interest in the transaction because his wife is an accountant with the firm, although, she does not personally provide services to City View One, L.L.C. The City Attorney has advised he is able to participate in the discussion and vote fairly, objectively and in the public interest. Councilman Wood's letter of December 7, 2004, is hereby made a part of the record. January 11, 2005 -27- Item V-K.3. PLANNING ITEM # 53451 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of February 8, 2005, Ordinances upon application of CITYVIEW ONE, LLC, for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF CITYVIEW ONE, L. L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROM 0-2 TO CONDITIONAL B-4C Ordinance upon Application of City View One, L. L. C. for a Change o Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side ofBonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000; 14777205660000; 14777216650000; 14777226990000; 14777247440000; 14777218100000; 14777310240000; 14 777302 760000; 14777249650000). DISTRICT 5 — LYNNHAVEN ORDINANCE UPON APPLICATION OF CITYVIEW ONE, L. L. C. FOR A CONDITIONAL USE PERMIT FOR MULTIFAMILY DWELLINGS, GROCERY STORES, CARRY -OUT FOOD STORES AND CONVENIENCE STORES Ordinance upon Application of CityView One, L.L. C. for a Conditional Use Permit for multi family dwellings, grocery stores, carry -out food stores and convenience stores ,whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000; 14777205660000; 14777216650000; 14777226990000; 14777247440000; 14777218100000; 14777310240000; 14777302760000; 14777249650000). DISTRICT 5 — LYNNHAVEN January 11, 2005 James K. Spore re: CityView February 2, 2005 Page 2 of 2 There are also a number of issues relating to the plan shown to staff that need to be clarified. For example, three of the more significant are as follows: 1. Details regarding traffic signalization installation and cost. The applicant will be responsible for its fair share of signalization cost at Bonney and Bendix Roads and at Bonney Road and Constitution Drive. 2. Dedication and construction of roadways that provide access to the applicant's development. The applicant, as the concept plan shows access from Constitution Drive, will be responsible for dedication of and construction of two lanes of the roadway. 3. Details regarding the trail system shown on the plan (provision of public easements, connections, etc.). The applicant's plans for a path along Thalia Creek are an excellent amenity, but should be accompanied by a public access easement across making it part of an areawide trail system. These are the type of issues that can and ordinarily are worked out later in the development process, normally at detailed site plan review, but it is important that we give thought to these details now. The plan presented to staff conveys a workable solution by which the applicant's project could be modified to accommodate Alternative A. Should City Council act on the Change of Zoning and the related Conditional Use Permits on February 8, it must be understood by the City Council that they will not be acting on this revised concept. Instead, and appropriately so, the City Council will be acting on the project as proffered and as described in the staff report prepared for the Planning Commission. Those proffers provide the method by which the City will work with the applicant once an alignment has been officially adopted. City staff will notify the applicant by April 15, 2005 of the adopted alignment to be used for the Constitution Drive crossing of 1-264, and the proffers also present the method and timeline for modification of the proffered plan to accommodate that alignment. I believe the revised concept plan already shown to staff with Alternative A demonstrates the applicant's willingness and ability to meet that accommodation. RJS/sjw Enclosure (1): Revised Concept Plan with Alt. A c: Stephen White, Planning DEPARTMENT OF PLANNING 757-427 1621 FAX (757) 426-5667 City of Virginia S each INTER -OFFICE MEMORANDUM DATE: February 2, 2005 TO: James K. Spore, City Manager vBgov com MUNICIPAL CENTER BUILDING 2, ROOM 115 2405 COURTHOUSE DR. VIRGINIA BEACH, VA 23456 FROM: Robert J. Scott, Director of Planning * SUBJECT: CityView Change of Zoning and Conditional Use Permits on City Council's February 8 Agenda On January 11, City Council deferred consideration of the above -referenced items to the February 8 meeting. The deferral was made so that the appropriate City staff and the applicant could meet to discuss the impact of the alternatives for a Constitution Drive crossing of 1-264 on the proposed development and to consider how the development could be modified to accommodate the crossing. City staff and the applicant have met, and the applicant presented a concept plan that showed how the eastern portion of the project could be modified to accommodate Alternative A. As you recall from the presentation given to City Council on January 11, Alternative A connects the existing southern terminus of Constitution Drive with S. Independence Boulevard following an alignment that passes through the far eastern portion of the proposed CityView parcel, crosses over 1-264, and then follows the existing Edwin Drive alignment. Staff concurs with the applicant that Alternative F as shown to the City Council on January 11, which also passed through the applicant's development parcel, is not feasible. The concept plan presented to staff does not exactly follow the recommended alignment for Alternative A, but instead slightly adjusts the alignment to create a tighter curve that follows the landward edge of the Chesapeake Bay Preservation Area feature on the site. Staff believes this revised alignment with a tighter curve is acceptable but the ultimate engineering design speed of the curve should achieve 35 m.p.h. The applicant has indicated a willingness to work with staff to strive to meet that objective. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Cityview One, L.L.C. — Change of Zoning District Classification and Conditional Use Permits MEETING DATE: February 8, 2005 ■ Background: (a) An Ordinance upon Application of CityView One, L. L. C. for a Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000;14776232950000;14776213460000; 14777205660000;14777216650000;14777226990000; 14777247440000;14777218100000;14777310240000; 14777302760000; 14777249650000). DISTRICT 5 — LYNNHAVEN (b) An Ordinance upon Application of CityView One, L.L.C. for a Conditional Use Permit for multi -family dwellings, grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet on property located on the north side of Bonney Road at its intersection with Bendix Road (GPINs 14776246910000; 14776232950000; 14776213460000;14777205660000;14777216650000; 14777226990000;14777247440000;14777218100000; 14777310240000; 14777302760000; 14777249650000). DISTRICT 5 — LYNNHAVEN At the December 14, 2004 City Council meeting, the City Council deferred these requests to the January 11, 2005 meeting. The requests were deferred again at the January 11 meeting to provide time for the applicant and City staff to examine the impacts of the Constitution Drive Extension on the proposed project. ■ Considerations: The proposal is for two distinct developments on the western portion and the eastern portion of the total site. The portions are shown as being connected across Thalia Creek by a pedestrian bridge and walkway system. The western parcel, Parcel A, is proposed for a multi -family apartment complex with 202 units. The conceptual plan shows a U-shaped building. The majority of Cityview One, L.L.C. Page 2 of 3 the parking for the apartments is provided under the building and within a parking garage structure located in the middle of the site. There are some surface parking spaces around the perimeter of the parking garage. The eastern parcel, Parcel B, is proposed for four mixed use buildings. The uses proposed for these buildings could include any or all of the following; residential apartments/condominums, offices, hotel, or retail. The conceptual plan shows that the majority of the residential units will be located within the large building shown fronting on Bonney Road. A parking structure is proposed as part of this large building to accommodate the majority of the parking needs for all of the buildings on Parcel B. There is also some surface parking provided around each individual building. A road to serve the parcel is shown on the plan to align with the stoplight at the Bendix Road intersection. The planned roadway is based on the alignment for Constitution Drive Extended as depicted in the current Capital Improvement Program. The portion of the roadway proposed to be built with this development is shown ending at the project's northern boundary and not extending across the creek. The proffered plan conflicts with the roadway alternatives depicted in the on- going study of the Constitution Drive connection between the Town Center and the south side of 1-264. The Virginia Department of Transportation (VDOT) consultant handling the study is on schedule to complete work within the next 60 days. The study involves various alternative road layouts that affect the subject site. The road layout currently shown on the plan is not one of the three being studied and is not considered a viable alternative in the study, as its continuation to the south is not possible due to the location of significant existing development along 1-264. With continued growth in the Pembroke Area as called for in the Comprehensive Plan, additional connections between Virginia Beach Boulevard and S. Independence Boulevard are vital to ensure a business center that functions from a transportation and economic perspective. Continued intense development, such as that proposed with this application, is dependent on it. The opportunity to preserve a viable alignment for the connection recommended by the Master Transportation Plan through this site is essential to provide the transportation improvements necessary for the entire Pembroke Area. The future of Bonney Road is also tightly tied to the study mentioned above. The function of the roadway may change based on the flyover alignment that is decided upon. This road may need to be widened or it may need to be relocated. Because the proffered plan shows zero setbacks for the buildings fronting on Bonney Road, the opportunity for widening or changing location of the roadway in the future is severely restricted if the plan as submitted was approved with no opportunity for modifications to address changes to Bonney Road. In an attempt to address these issues, the applicant revised the proffers to provide the City with the opportunity to notify the applicant prior to April 15, 2005 of its need to acquire portions of the subject site for alignments of Constitution Drive and / or Bonney Road. A "Right of Way Acquisition Agreement" is included providing the method of acquisition. Proffer 5 provides the method of allowing modifications to the site layout to accommodate the new alignment(s). Cityview One, L.L.C. Page 3 of 3 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve the requests as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: <b (Zm� V , PIAL .. ) d ro CITYVIEW ONE, LLC *5 O fS.,A,a �`- November 10, 2004 Public Hearing REVISED on December 6, 2004 to reflect new proffers Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: Location a• General Informa;i Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District. Conditional Use Permit for Multi -family Dwellings Conditional Use Permit for grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet Property located on the north side of Bonney Road at its intersection with Bendix Road GPINS: 1477624691; 1477623295; 1477621346; 1477720566; 1477721665; 1477722699;1477724744;1477721810;1477731024;1477730276; 1477724965 COUNCIL ELECTION DISTRICT: 5-LYN N HAV EN SITE SIZE: 23.8 acres EXISTING LAND USE: Undeveloped property SURROUNDING North: • Multi -family condominiums and apartments across LAND USE AND Thalia Creek / B-4 Mixed Use District and A-18 ZONING: Apartment District South: . Office buildings and Hotel across Bonney Road / B- 3 Central Business District and 0-2 Office District East: . Office buildings and duplex dwellings across Thalia Creek / 0-2 Office District and R-5D Residential District West: . Office buildings/ B-3 Central Business District and 0-2 Office District NATURAL The site is separated into two land areas. The western half, Parcel A, RESOURCE is surrounded on the northern and eastern sides by Thalia Creek, a AND tidal tributary to the Chesapeake Bay. The eastern half, Parcel B, is CULTURAL surrounded on the western, northern and eastern sides by Thalia FEATURES: Creek. Both Parcels A and B are heavily wooded. There are approximately 7.5 acres of water, marsh and wetlands on both parcels combined. The proposed development has been reviewed for buffer encroachments by the Chesapeake Bay Preservation Area Board and the conceptual plan was approved by the Board in July 2004 with several conditions. The conditions are listed at the end of this report. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. ,M.. - Summary of Proposa The proposal is for two distinct developments on the western portion and the eastern portion of the total site. The portions are shown as being connected across Thalia Creek by a pedestrian bridge and walkway system. The western parcel, Parcel A, is proposed for a multi -family apartment complex with 202 units. The conceptual plan shows a U-shaped building. The majority of the parking for the apartments is provided under the building and within a parking garage structure located in the middle of the site. There are some surface parking spaces around the perimeter of the parking garage. The eastern parcel, Parcel B, is proposed for four mixed use buildings. The uses proposed for these buildings could include any or all of the following; residential apartments/condominums, senior housing, offices, hotel, or retail. The conceptual plan shows that the majority of the residential units will be located within the large building shown fronting on Bonney Road. A parking structure is proposed as part of this large building to accommodate the majority of the parking needs for all of the buildings on Parcel B. There is also some surface parking provided around each individual building. A road to serve the parcel is shown on the plan to align with the stoplight at the Bendix Road intersection. A roadway shown running through this parcel is based on the alignment for Constitution Drive Extended as depicted in the current Capital Improvement Program. The portion of the roadway proposed to be built with this development is shown ending at the project's northern boundary and not extending across the creek. The proposed roadway may have to be re -located based on the provisions of Proffer 5, which address the results of a study currently being conducted to determine the specific alignment for crossings on the east and west side of the 1-264 and Independence Boulevard interchange to address transportation needs in this area. The proposed design and layout of the buildings incorporate many of the concepts used to create an urban atmosphere. Setbacks for the buildings are shown at zero to ten feet off of the right-of-way. Surface parking is minimized. All buildings are at the minimum height of 35 feet required by the ordinance for the B-4C District. The elevations show a particular architectural theme and coordinated building elements, resulting in an aesthetically pleasing project. The plan also depicts a pedestrian plaza and walkway system that includes two bridges over Thalia Creek. The pedestrian plaza is located north of the building shown on the western side of Parcel B. One bridge is shown extending from the plaza across the creek to connect Parcel B to Parcel A. The other bridge is shown connecting Parcel B to the existing end of Constitution Drive across Thalia Creek. This bridge is proposed to be located within existing City right-of-way. CITYVIEW ONE, LLC Page 3 Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • The Master Transportation Plan recommends a connection between the existing end of Constitution Drive and S. Independence Boulevard. This connection includes a road crossing over 1-264. For a variety of reasons, the exact alignment shown on the Master Transportation Plan is not feasible. A consultant to the Virginia Department of Transportation is conducting a study to determine the best alignment for the connection within the general corridor shown on the Master Transportation Plan. The current alternatives for the connection all affect the site proposed for rezoning. • The results of the study mentioned above will affect how Bonney Road will function in the future, which will undoubtedly affect the proposed development. • The process for decision -making on the future flyover alignment should not be short-circuited and should involve all stakeholders, including the applicant, but also including other interested parties in the affected area. • The proffered plan should address all impacts of the proposed rezoning on existing public infrastructure and surrounding land uses. • The proffered plan should provide a reasonable level of predictability concerning the function and quality of the proposed development. • The proffered plan should be consistent with the Comprehensive Plan, including the Mixed Use Development Guidelines. c° M'$'�d� qR b 5 ac' Comprehensive s The Comprehensive Plan identifies this site as being within Strategic Growth Area 4 — Pembroke Area. The Pembroke Strategic Growth Area consists of many tracts of land that widely differ with respect to type, intensity, character and value of land use. This SGA enjoys a locational advantage within the City of Virginia Beach and the region. Significant investments and ongoing economic growth is occurring within many sectors of the Central Business District. The B-4C Central Business Mixed Use District, was ": CITYVIEW ONE, LLC Page 4 created to encourage continued private investment in reshaping this area consistent with the recommendations of the Comprehensive Plan. This application is the first proposal to request a rezoning to B-4C Central Business Mixed Use District. The purpose of the B-4C Central Business Mixed Use District is to provide an area that complements the B-3A Pembroke Central Business Core District through quality mixed use development around the periphery of the Central Business District (CBD) at intensities and patterns that support multiple modes of transportation, higher residential densities, and an integrated mix of residential and non-residential uses within the same building or on the same lot, while at the same time being compatible with less intensive uses farther out from the CBD. Requests for rezonings to the B-4C Central Business Mixed Use District are to be limited to the area surrounding the B-3A Pembroke Central Business Core District in the area generally bounded by Thalia Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and Jeanne Street and Broad Street on the north. Development within the B-4C Central Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use Development Guidelines. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer #1: When the Property is developed subject to the provisions of proffers numbered 4 and 5, it shall be developed substantially as shown on the exhibits entitled "CityView Preliminary Concept Site Plan" and "CityView Development Plan", each dated 4/1/04, prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as "Concept Plans"). Proffer #2: When the residential, non-residential and/or mixed use buildings depicted on the Concept Plans are developed, they will be in substantial compliance with the Mixed Use Development Guidelines contained in the Grantee's Comprehensive Land Use Plan and the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "Phase A — Elevations", "Phase CITYVIEW ONE, LLC Page 5 B — Elevations", and "Aerial Rendering" for "CityView Bonney Road", prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "CityView Renderings"). Proffer #3: So long as Grantee does not tender a "Realignment Notice" as described in Paragraph 5 below, Grantor agrees to dedicate the depicted segment of Constitution Drive, which crosses "Phase B" of the Property, consistent with the alignment currently specified in Grantee's Master Transportation Plan. Grantor agrees to construct that portion of Constitution Drive as specified above, which crosses Phase B of the Property and is above the ten (10) foot contour line, substantially as shown on the exhibit entitled "Road Section", CityView Bonney Road, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as "Road Section". Proffer #4: If requested by the Grantee, Grantor shall not submit and Grantee shall be under no obligation to review a final site plan, for any portion of the Property prior to April 15, 2005. Proffer #5: In the event Grantee specifically notifies the Grantor, in writing, prior to April 15, 2003, of its decision to adopt a modified alignment of that segment of Constitution Drive which crosses the Property and / or its decision to adopt a modified alignment of Bonney Road in a manner which relocates it upon the Property ("Realignment Notice"), the Grantor will adjust and revise the Concept Plan to (a) remove the alignment(s) now depicted and incorporate the modified alignment(s) as specified in the Notice; and (b) relocate and modify the building footprints consistent with the specifications contained in proffer 2 above. The Director of the Virginia Beach Department of Planning shall determine whether Grantor's revised Concept Plan is consistent with proffer number 2. Proffer #6: In the event Grantee provides Grantor with the "Realignment Notice", Grantee's acquisition of those portions of the Constitution Drive and / or Bonney Road right of way(s) located upon the Property shall be governed by a "RIGHT OF WAY ACQUISITION AGREEMENT' dated November 30, 2004. Proffer #7: The buildings depicted on the Concept Plans may vary in the number of stories they contain from the buildings depicted on the CityView Renderings. The buildings within Phase A may range from 4 to 6 stories in height. The buildings within Phase B may vary from 3 to 15 stories in height. Proffer #8: When Phase B is fully developed, there will be a minimum of 45,000 square feet of building area devoted to non-residential uses. The buildings within Phase B may contain 470 residential units or such larger number as permitted under Section 902(b) (7) of the Comprehensive Zoning Ordinance. Parking will be provided in accordance with the requirements of the B-4C Central Business Mixed Use District. Proffer #9: Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Evaluation of The proffers listed above address the major issues Proffers: identified by staff. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated March 31, 2004, and found it to be legally sufficient and in acceptable legal form. low 1110M Staff Evaluation Staff is satisfied with the provisions of the proffers submitted to the Planning Commission and then finalized after the commission hearing. The proffered plan conflicts with the alternatives depicted in the on -going study of the Constitution Drive connection between the Town Center and the south side of 1-264. The Virginia Department of Transportation (VDOT) consultant handling the study is on schedule to complete work within the next 60 days. The study involves various alternative road layouts that affect the subject site. The road layout currently shown on the plan is not one of the three being studied and is not considered a viable alternative in the study, as its continuation to the south is not possible due to the location of significant existing development along 1-264. With continued growth in the Pembroke Area as called for in the Comprehensive Plan, additional connections between Virginia Beach Boulevard and S. Independence Boulevard are vital to ensure a business center that functions from a transportation and economic perspective. Continued intense development, such as that proposed with this application, is dependent on it. The opportunity to preserve a viable alignment for the connection recommended by the Master Transportation Plan through this site is essential to provide the transportation improvements necessary for the entire Pembroke Area. The future of Bonney Road is also tightly tied to the study mentioned above. The function of the roadway may change based on the flyover alignment that is decided upon. This road may need to be widened or it may need to be relocated. Because'the CITYVlEW ONE, LLC Page 7 proffered plan shows zero setbacks for the buildings fronting on Bonney Road, the opportunity for widening or changing location of the roadway in the future is severely restricted if the plan as submitted was approved with no opportunity for modifications to address changes to Bonney Road. The process for decision -making on the future flyover alignment should not be short- circuited. The route of the connection has not been finalized and many people other than this applicant are affected by this decision. Stakeholder involvement is essential to the process, and the alternatives must be evaluated based on impacts, benefits and cost, and public review. Thus, based on discussions between the City and the applicant, the applicant has proffered provisions that provide the City with the opportunity to notify the applicant prior to April 15, 2005 of its need to acquire portions of the subject site for alignments of Constitution Drive and / or Bonney Road. A "Right of Way Acquisition Agreement" has been developed to provide the method of acquisition and Proffer 5 provides the method of allowing modifications to the site layout to accommodate the new alignment(s). 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. Supplemental Information Zoninq History # I DATE IREQUEST I ACTION 1 02/10/86 REZONING from 0-1 Office to B-3 Central Business GRANTED District 2 09/13/82 REZONING from R-8 Residential to 0-1 Office District GRANTED 3 03/10/98 REZONING from 0-1 Office to A-36 Apartment District GRANTED and CONDITIONAL USE PERMIT (senior housing) 4 02/01/00 STREET CLOSURE GRANTED 5 10/14/85 REZONING from 0-1 Office to B-3 Central Business GRANTED District 6 09/06/88 REZONING from 1-2 Industrial to B-3 Central Business GRANTED District Public Agency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan shows Constitution Drive as a 100 foot divided roadway leading to a 150 foot right-of-way crossing 1-264 and connecting to Independence Boulevard on the south side of 1-264. A VDOT consultant is currently developing several alternative alignments for this roadway concept at the request of the City of Virginia Beach. All of the three alternatives being studied affect the subject site. The alignment study is scheduled to be complete within the next 60 days. CIP Proiect #2-208 Constitution Drive Extended This project is for the widening and new construction of a four lane highway along Constitution Drive from Columbus Street to Bonney Road, a distance of approximately 0.5 mile. In the 2004-2005 CIP document, no funding is identified for this project until FY 2009-10. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 16,600 22,800 ADT' - 7,600 Bonney Road ADT Proposed Land Use 3 - 12,931 ADT 'Average Daily Trips 2 as defined by 23 acres of 0-2 Office 3 as defined by 672 apartments plus non-residential use The number of trips generated by the proposed land use, 12,931 ADT, is an approximation based on the conceptual plan submitted. The applicant has not submitted the required Traffic Impact Study for this proposal that would provide the level of detail needed to make a more accurate estimate of the trip generation. However, it is evident that even if the subject site were to develop under the existing zoning of 0-2 CITYVIEW ONE, LLC Page 10 Office, Bonney Road will be operating at or above its present capacity. This underscores the urgent need to provide viable transportation alternatives within the Pembroke area. Public Utilities Water: This site must connect to City water. Sewer: City sanitary sewer is available. Sanitary sewer and pump station analysis for Pump Station 501 is required to determine if flows can be accommodated. Construction plans and bonds are required. Public Schools School Current Enrollment Capacity Generation' Change 2 Thalia Elementary 679 730 79 79 Independence Middle 1502 1347 41 41 Princess Anne High 1 2205 1 1751 156 156 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Safety Police: 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. Fire and Rescue: The Fire Department concerns will be addressed during detailed plan review. F S 3 o. i S t> � �e 0 es: � L t ¢ate CL ul _ h AWI 771 `p \lt xhibit B -1 Concept Plan C Exhibit B - 2 Preliminary Plan CI Exhibit C - 2 Proposed Elevations Building B Building C ONNEY ROAD r Developer P ace 8 Ripley Heatwole, Inc. i Exhibit C - 3 Proposed Elevations NOIIV3r]ddV DNINOZEM TVNOUIQNOO h z w i w U) w 0 U W s � w a w 3 V m o c 'Sk N U c n0"O`Timc a v �tLL u?j 4� _ c v a o H O O w SUN maw a-�TLv."-T`acLc '-C`o 2"Na •=ro�icl s6 c�c°>,==w -v!�f i� 1 �$'a� AI �} t I W"�� NOr.T. bIWC NOSw �'�•.�..� 0� puj L acg� � .i i mmw •m3aa:c'_m�erw— m°�,�� Z Z" u7 C m .cB 6} y ,ni 0d�C'CCO�O -� m• = tS X O -� C» �'O J 7 O.L N� L 3 .t a _ Q�mrem 3 t °�->.! voN o?molro�q�`oo�ri Ln.- Wy .� N CDof oil�I w �c 1 �.4 v t Isr.`a�EmEo_o� �1 soi �r1 8-omcri: �a a �m�j »m�L9o��imwco 2`.3 cyro�� c c o its { � ¢N:G�E N��O�Ct�i ✓�hi?e Y`]O m� �} $N �»� m o L vp I 8 E O 'yam O.L.. 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E x a m c c• • � as CO it Q9'2A 7 y o 4 o A y � � FO. 5.- a 4% a,-gACMr's C b 6 scp > b mN wQLEpt�� - 'C -W 4 D ERi tlC �O U_ G G Ci I W #6a2_Qmc� ' N N O J y� y 4 g Om CLQ G Wm W c G 0J 0 Noi�v�r�aa� 1IMRd RPM IVNOIIICN03 Exhibit D - 2 Disclosure Statement SENTARA HEALTHCARE — LIST OF EXECUTIVE OFFICERS David L. Bernd Chief Executive Officer Ronald Bennion Vice President Mary Blunt Vice President Robert Broermann Senior Vice President, CFO and Treasurer Bob Graves Vice President Michael Dudley Senior Vice President Les Donahue Vice President Vicky Gray Vice President Rodney F. Hochman, M.D. Executive Vice President and Chief Medical Officer Donald V. Jellig Vice President Howard P. Kem President and Chief Operating Officer Kenneth M. Krakaur Senior Vice President Bert Reese Vice President Michael Taylor Vice President Douglas Thompson Vice President Exhibit D - 3 Disclosure Statement City of Virginia Beach, Virgginia Fiscal Years 2004-05 through 2009-10 Capital improvement Program vrolect s ana i nie, &zuo t,onstlturwn unve cxtenoea Responsible l>a t: Public Works Business Area: Quality Physical Environment Total Total Budget Unappropriated Subsequent Years Future Programmed Appropriations Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Programming Costs To Date FY 2OW05 FY 2005-06 FY 2006-07 I FY 2007.08 FY 2008-09 1 FY 2009-10 1 Requirement 1.650,000 1 0 0 01 Ot 01 01 1,650,0001 14,129,500 Description and Scope This project is for the widening and now construction of a four -lane highway along Constitution Drive from Columbus Street to Bonney Road, a distance of approximately 0.5 mile. Purpose and Need Without this project, the traffic volume will become more congested due to inGeasing development around the Pembroke area. This project will provide a link from Virginia Beach Boulevard to Bonney Road and help alleviate traffic at the intersection of Independence Boulevard and Vlrginia Beach Boulevard. History and Current Status This is a new project in the FY 2004-05 CIP. Operatina Budgetary Impact Impact estimated to begin in FY2013-14. 0 0 0 0 0 01 Activity From -To Amount Design 10109-10/10 1,500,000 Site Acquisition 10110-10111 2,500.000 VIRONLA. BEACH BLVD. Private Utility Adjustments 10111-06112 100,000 - _- __ .. - Construction 06112-0&13 9,442,000 0 Street Lights 06/13-08113 87,500 Landscaping 06113-08113 50.000 Contingencies 10109-08113 2.100;000 ___._ Total Budgetary Cost Estimate 1.5,779,500 C _ Total Non -Programmed Costs 0 Total Programmed Costs 15,779,500 'y z .......:.; A ., Means of Financing u _ Fundby Source Amount Charter Bonds 1.650,000 Z Total Programmed Financing 1.650,000 . Future Funding Requirements 14,129,500 Z 1264 Fiscal Year 2004-05 4 - 29 Quality Physical Environment Exhibit E -1 Supplemental Information (Capital Improvement Program Sheet) Exhibit E - 2 Supplemental Information (Chesapeake Bay Board Approval PROPERTY OWNER: SENTARA HEALTHCARE — Letter) ROBERT SOUDERS Application of SENTARA HEALTHCARE / ROBERT SOUDERS for a variance to Section 106 of the Chesapeake Bay Preservation Area Ordinance on property located at PARCEL A & PARCEL B, NORTH SIDE OF INTERSECTION OF BENDIX AND BONNEY ROADS. GPIN #1477-62-4691-0000, 1477-62-3295-0000, 1477-62-1346-0000, 1477-72-0566-0000, 1477-72-1665-0000, 1477-72-2699-0000, 1477-72-1810-0000, 1477-73-1024-0000, 1477- 73-0276-0000, 1477-72-4965-0000. DISTRICT 5 — LYNNHAVEN. BOARD ACTION: APPROVED WITH CONDITIONS ON JULY 26, 2004. 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance. 2. Dual 36" erosion and sedimentation control measures (silt fences) shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Additionally, a heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 3. Construction limits shall lie a maximum of 10' seaward of all improvements or consistent with the revised site plan dated July 17, 2004. 4. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 5. All stormwater shall be conveyed to structural stormwater management facilities as shown on the submitted site plan, inclusive of Bonney Road. 6. if and when the shoreline is hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (timber or steel bulkhead). Said condition shall be so noted on the site plan. 7. As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program prior to or concurrent with site plan approval. Payment shall be based upon 25% of impervious cover within the Resource Protection Area. The formula for payment is as follows: 25% of square footage of impervious cover within the buffer divided by 27 (cubic yards) times 15 (estimated bushels of oyster shell within a cubic yard) times $1.65 (cost of shell and cost to plant). 9 Exhibit E - 3 Supplemental Information (Chesapeake Bay Board Approval Letter — 2) 8. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 9. Exclusive of the access points where the pedestrian bridge interfaces with uplands, no portion of the porous pavement walkway, shall lie within the landward 50' portion of the buffer. 10. Forebays shall be added to bio-retention facility numbers 1 and 2. 11. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. 12. Tree compensation for those trees removed from the Resource Protection Area shall be at a 3:1 ratio and shall be comprised of a minimum of 50% evergreen and 50% deciduous species. 13. The conditions and approval associated with this variance are based on the site plan dated July 13, 2004, prepared by Pinnacle Group Engineering, Inc. 14. A certified arborist shall provide written verification as to the disposition of the residual forested buffer, those portions of the buffer to be restored, clearing for site lines and vistas, the need for forest floor amendments, and the removal of vegetation along shorelines to augment the growth of tidal vegetated wetlands and erosion abatement. Said arborist shall provide assistance before, during and. after the project to ensure forested buffer resources are protected. City staff will consult with the arborist on a routine basis. 15. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Exhibit E - 4 RIGHT OF WAY ACQUISITION AGREEMENT Supplemental Informatibn "RIGHT OF WAY THIS AGREEMENT, made this 30th day of November, ACQUISITION 2004, by and between CITYVIEW ONE, L.L.C., a Virginia AGREEMENT) limited liability company (hereinafter sometimes referred to as "Cityview"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "City"). WITNESSETH: WHEREAS, Cityview, as contract purchaser of certain real property located in the City of Virginia Beach, which property is more particularly described in Exhibit "A attached hereto and incorporated herewith by reference, (hereinafter referred to as the "Property"), has a pending application to conditionally rezone the Property from Unconditional 0-2 Office District to Conditional B-4C Mixed Use District before the Virginia Beach City Council; and WHEREAS, the proffered "Concept Plans" for development of the Property, submitted by Cityview incorporate the existing alignments of the public right of ways known as Constitution Drive and Bonney Road as contained in the City's Master Transportation Plan and the City's Capital Improvement Project # 2-208 Constitution Drive Extended; and WHEREAS, the Virginia Department of Transportation has recently undertaken a study to evaluate possible realignment and/ or relocation of that portion of Bonney Road between Independence Boulevard and S. Gum Avenue and that portion of Constitution Drive Extended located south of the Town Center; and WHEREAS, Cityview, acknowledges and agrees that its conceptual development plan as proffered with its conditional rezoning application, is potentially in conflict with the new alternative alignments being studied by the Virginia Department of Transportation; and WHEREAS, Cityview, for itself, its successors, assigns, grantees, and heirs voluntarily without any elements of quid pro quo for rezoning approval, agrees to the conditions and restrictions set forth herein which are intended to preserve the City's ability to acquire those portions of either right of way which the City may determine to realign upon the Property at current "fair market value" based upon the Property's current 0-2 Zoning in a timely manner; and WHEREAS, Cityview has requested to be permitted to proceed with its conditional rezoning application in a timely manner for contractual reasons, and the City is willing to permit the application to proceed to a public hearing before the Virginia Beach City Council under certain conditions. NOW, THEREFORE, for valuable consideration the receipt and sufficiency of which is hereby acknowledged by both Cityview and the City, the parties to this Agreement do hereby covenant and agree as follows: 1. The covenants, conditions and agreements contained herein are expressly subject to and contingent upon approval of this agreement by the City Council of CITYVIEW ONE, LLC Page.25 the City of Virginia Beach, at its December 14, 2004 Public Hearing, in conjunction with requested approval of the pending application of Cityview for a conditional rezoning of the Property from Unconditional 0-2 to Conditional B-4C. 2. In the event the City tenders the "Realignment Notice" to Cityview as described in Proffer number 5 contained in the parties "Proffered Covenants, Restrictions and Conditions dated March 31, 2004, Cityview agrees to convey to the City and the City shall take those actions necessary to acquire from Cityview, those portions of the Cityview Property which are (a) within the realigned right of way(s) of Constitution Drive and/or Bonney Road, and (b) rendered undevelopable as a consequence of the realignment (the "Acquisition Area"). For purposes of this Agreement, portions of the Cityview Property rendered undevelopable as a consequence of such realignment shall be those portions of the Cityview Property that consist of lots created as a result of the acquisition by the City of the realigned right of way(s) of Constitution Drive and/or Bonney Road and that cannot be developed as a result of the application of the City's or other governmental entity's laws, ordinances, rules or regulations or be combined with any other Cityview property in such manner as to create a developable lot. 3. The parties acknowledge and agree that the valuation of the Acquisition Area shall be based upon the Fair Market Value of the Property as of December 1, 2004 with the current Unconditional 0-2 Office District Zoning. 4. The parties acknowledge and agree that, upon tender of the Realignment Notice, the parties shall attempt to negotiate an agreed upon purchase price for the Acquisition Area. If the parties are not able to reach an agreement as to the Purchase Price by June 1, 2005, each party shall retain a duly licensed MAI appraiser to ascertain the value of the Acquisition Area and submit a written report of his/her basis for the valuation by September 1, 2005 ("valuations"). The parties shall exchange their respective appraiser's valuations by no later than September 10, 2005. In the event the difference between the two (2) valuations is less than or equal to ten percent (10%) of the greater of the two (2) valuations, the parties agree that the purchase price for the Acquisition Area shall be the lower of the two (2) valuations plus fifty percent (50%) of the difference between the two (2) valuations (i.e. higher valuation minus lower valuation, equals difference, multiplied by 50%). In the event the difference in the two (2) valuations exceeds ten percent (10%) and the parties cannot agree upon a purchase price, the two (2) appraisers shall, by October 1, 2005, select a third appraiser ("Final Appraiser") who shall review the two (2) valuations, conduct any additional research deemed necessary and issue a report of his determination of value, which value shall not be lower than the lesser of the two (2) appraisals nor higher than the higher of the two (2) appraisals. The Final Appraiser's report shall be complete by December 1, 2005, and the parties agree that the Acquisition Area valuation as determined by the Final Appraiser shall be the binding purchase price. Each party shall be responsible for its own appraisers' fees and expenses and one-half (1/2) the fees and expenses of the Final Appraiser. 5. Subject to appropriation of the necessary funds by the City Council in the same fiscal year in which payment is to be made pursuant to this paragraph,,.the CITYVtEW ONE, LLC Page26 City shall pay to Cityview the purchase price for the Acquisition Area by no later than March 1, 2006, time being of the essence. In the event the City shall fail to appropriate the necessary funds or to pay to City -view the purchase price for the Acquisition Area as contemplated herein, this Agreement shall be null and void and of no force or effect, it being the intention of the parties that in such an event, the City will acquire the Acquisition Area either pursuant to a new agreement of the parties or by eminent domain at the fair market value of the Acquisition Area as of the date of recordation of a Certificate of Condemnation. Item #22 & 23 Cityview One, L.L.C. Change of Zoning District Classification Conditional Use Permit District 5 Lynnhaven November 10, 2004 REGULAR Joseph Strange: The next application is Item #22 & 23 Cityview One, L.L.C. An Ordinance upon Application of Cityview One, L.L.C. for a Change of Zoning District Classification from 0-2 Office District to Conditional B-4C Central Business Mixed Use District on property located on the north side of Bonney Road at its intersection with Bendix Road. An Ordinance upon Application of Cityview One, L.L.C. for a Conditional Use Permit for multi -family dwellings, grocery stores, carry -out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than 5,000 square feet and housing for seniors on property located on the north side of Bonney Road at its intersection with Bendix Road, District 5, Lynnhaven. Eddie Bourdon: It's a mouthful. Thank you Madame Chair. Ronald Ripley: I have an interest in this business of this application and I will be abstaining. Is this our last item? Dorothy Wood: This is our last item. Ronald Ripley: Please note my abstention please. Dorothy Wood: You certainly are not leaving for the day. Eddie Bourdon: For the record, it's my privilege to represent the applicants on this Cityview One, L.L.C. Cityview is what we have named this project. As Mr. Strange read based on our new B-4C Central Business Mixed Used District Zoning, we are requesting a Conditional Use Permit for multi -family dwellings and also a Conditional Use Permit for a carry -out food grocery store within in a mixed use building. There is no stand alone grocery store at all. We are, today withdrawing the Use Permit for the housing for seniors. Please note that. We may come back in the future as the development plan evolves and is on the ground with that but we will withdraw that Use Permit for the housing for seniors. As I said it to this Commission last month, these applicants have spent almost 12 months and ten of thousands of dollars developing a beautiful mixed use, land use plan. In actually going to the Chesapeake Bay Board and going through that process and getting kudos from them and approval of the plans from the Bay Board. We have done that in faithful reliance upon the ultimate and undeniable success of the City's vision for Town Center. We've also faithfully relied that the City's commitment and investment in the TIF District will succeed in spurring other private developers to develop and redevelop land in and around Town Center. And, finally we've faithfully relied upon the existing Master Transportation Plan and the CIP Project for Constitution Drive Extended. We certainly applaud and commend the City as was stated at the beginning of the meeting with the award given for it's vision and action in helping to create Town Center. Mr. Nutter did a beautiful job in describing Burrell Saunders and CMSS Architects and his vision and I will just readopt his statements about Burrell's abilities. This Commission also gave Mr. Saunders part of the award earlier this afternoon. Now, I'm going to have Burrell come up and provide you with a more detailed version of our vision for Cityview. Cityview is an entirely private investment between 70-90 million dollars proposed which will generate significant annual real estate tax revenues to the City exactly as what was contemplated and desired by the City when they put the seed money in and created the TIF District. After Burrell's presentation, any discussion that it may engender, I would appreciate the opportunity to address Constitution Drive and it's possible realignment and how we have agreed to deal with that with your staff, and also with the four conditions that were contained in the staff s evaluation, which I have passed out some revisions to those conditions. I will address those then. I'll ask Burrell to come up at this point. Thank you. Burrell Saunders: Good afternoon. I'm Burrell Saunders with CMSS Architectures. I'm very excited to be here to talk to you about Cityview. It's been a long time working on the Central Business District. The reason we started the whole process with the Central Business District and the downtown area that we're creating was to see the residual properties in the area start to develop in a different manner that served the City in a different way. It offered a different lifestyle. This project here is a great example of a project that has come forth because of the vision and the work that has been done in the Town Center making it possible. One of the reasons this group came to us when they started to talk about this property was the adjacency to the Town Center. A place where they could utilize the services of an entertainment, business, social, cultural, and now with the Art Center and total lifestyle place that we are evolving there. We were thrilled when we saw them come to the Central Business District looking because we were concerned that many of the properties are still being developed in a suburban style. These gentlemen came to the table and said we really want to look beyond that and look at the broader vision of the opportunity of creating a class "A" address here. It addressed the lifestyles. If we can flip to some of the renderings, I can talk you through it. The parcel is located on Bonney Road. It has an extension of Constitution that you can see through Parcel `B" that's set in place so that Constitution can be extended. As originally considered in the Master Plan really going back to the late 80's that the Planning Commission actually adopted. What we have here shown and if you remember in the early planning in the CBD, one of the goals was to take the Thalia Creek area, the natural area and keep it natural and blend it in the more urban setting that was going to occur. So, what you can see here surrounding this property, a large percentage of this, which all of the buildings are above the flood plain areas where the Thalia Creek is, and this leaves a wonderfully, beautiful forested area. Most of this is forested. It has a fair amount of trees in it and marsh lands as a backdrop or a setting. When we bring the buildings in tighter, what we don't have happening here that we typically would have are the types of densities that we have we would usually have most of that land being parking lots. Now what we have is a beautiful setting surrounding the buildings and the style of the buildings are pulled in to a much tighter urban setting. People living in this area and the idea on Parcel "A", which would be 202 residents living there is that they would be served by a parking structure that you see in the center and parking underneath the buildings. On the other side on Parcel `B", we're considering that to be a mixed use property that would mix office, hospitality, retail, for sale units, and for rental units in a total mixed use environment that would connect right back to the Central Business District, just a short walk away. What we're experiencing right now and I'm certainly experiencing this in my office, a lot of my employees that live in this area that literally walk to work. They don't even have to get in their cars. So, if your talking about traffic, if we can create a place where you can literally move in and out of the area without having to always depend on your car, it's a great opportunity and a great lifestyle that people are seeking today. Especially younger people and people that are empty nesters, those are the two groups that are really looking. We are seeing a real change in the demographics of people looking for these kinds of places. If we could flip it to the renderings, you'll see some ideas of the types of buildings that could occur. This is a series of urban scaled, real units on Parcel "A". This is a series of the types of buildings that will occur much taller, more urbanian type of buildings that would sit up to the street and have retail on the first floor, and rise up. They called it Cityview you can start to see this is looking Bonney Road with Constitution cutting through running right to left. A series of buildings that would vary in height from 3 to 4 stores up to 15 stories, allowing you to have a view back of the City Center that is being built with the natural setting in front of you. What a great opportunity to do upscale development and to move forward with the further advancement of the whole total vision for the Central Business District. ] will answer any questions. Dorothy Wood: Thank you Mr. Saunders. Thank you for spending the day with us. Joseph Strange: Speaking in support is Andrew Heatwole. Eddie Bourdon: Mr. Heatwole is not going to speak. Thank you Madame Chair. What I wanted to address were the issues of Constitution Drive. As much as I would like to believe, and I like to hope and think that it hasn't been very long, the fact of the matter is that Constitution Drive Extended and the flyover concept for I-264 has been discussed and on the table since I was high school. It's still being discussed. We are and have designed this project to extend Constitution Drive and connect it from its current terminus north of us down to Bonney Road. We have proposed in accordance with the Master Transportation Plan to dedicate it and to build that section that extends north from Bonney Road to Thalia Creek on the high land, there would need to be a bridge built that we could not afford within the economics to actually build that bridge. We have proposed to build and will build a pedestrian bridge in addition to the vehicular bridge which would go in immediately so we would create that pedestrian shed. That ability for people to go on bike, foot or roller blade or by any other means that's not motorized to get from this development to Town Center and vice versa. With the City's looking at potential realignment of Constitution Drive, we have agreed to revise our proffers to withhold the submittal of any site plan for any of the development on this property until April 1, 2005 when we have been advised that we will receive either the go ahead to leave it as be or will be given a notice that the road is being realigned. Bonney Road could possibly be realigned. If that is done then we have agreed that we will revise our plans accordingly. However at that point, we would not be in a position to commit because we have no way of knowing to the ability economically to build the road as realigned. It may completely obliterate part of the development and it may not work. But because we must, under our contract proceed to close, and cannot get any more extensions, we need the zoning in place to get our financing to go forward with this project. We are willing to take the risk. We're perfectly comfortable that we will be able to work things out with regard to the City and protecting the City in terms of today's value for any right-of-way that needs to be required in the event that we do have to realign the road. It makes it not feasible for us to dedicate and certainly to build, but we will dedicate and build based on the current alignment because it fits well within our plan as well as what's on the ground out there. So, that's the big issue that I'm confident that we have addressed and are on the same page with the City staff on in terms with the revisions to the proffered agreement. I see that my time has run out. The other thing that I wanted to mention was the four conditions that I passed out revisions to those conditions if this is something that this body desires to move forward with. We certainly hope, and really do need to have this move forward. The first condition that is recommended by staff is certainly acceptable. In fact, Brian Goodloe, our Traffic Engineer is here. The traffic study is basically complete. We will be submitting that to the City more likely on Friday. So that is perfectly fine. Condition #3 is also okay. I think it merely restates what the law would require anyway and the site plan issues with turn lanes. We don't have a problem with condition #3. We would request that Condition #2 be deleted. We would not be looking at setting our buildings 30 feet back from Bonney Road. We again, appreciate and are in agreement with protecting the right- of-way the City needs on Bonney Road, whether shifted or stays the same at today's fair market value as opposed to an increase value, which would to some degree, although it's very valuable today with its own 0-2 Zoning, we think it is much more valuable with this zoning. That we will deal with again, through the proffers and through the site agreement dealing with value to protect the City's need if necessary to acquire right-of-way at a value of today's value versus additional dollars with zoning. Lastly, Condition #4, we would propose that be reworded. Again, to some degree this may be premature and not make any difference depending on the actual alignment of Constitution Drive. If it should change but what it is indicating is if Constitution Drive is not realigned and stays where it is, then we would be obtaining approval with this zoning of our development plan for Phase "A". We are willing to limit, although we can't limit it to one, we limit to one full in and out entrance but we have to have one exit only because of the traffic circulation with our parking garage. Apparently Traffic Engineering had indicated that they prefer to see it have only one entrance. We can agree to it, exit only and one entrance. That is what number four deals with. If the alignment of Constitution changes it crosses Parcel "A", it will be redesigned. Parcel "A determines what goes where on Parcel "A". As I hope the Commission will do, you will recognize the clear benefit of this proposal. One that is truly in keeping what everyone had hope would happen and is happening around Town Center and because the investment that has been made because the reliance that we had on what's on the books and because of absolute need to move this process forward to get the zoning so we can get our appraisals and get our closing in accordance with our contract. We need to move forward. Thank you. Dorothy Wood: Would you please answer Mr. Miller's question? Eddie Bourdon: I'll be happy to. Robert Miller: I don't have a question. Sorry Mr. Bourdon. Eddie Bourdon: That's quite alright. Robert Miller: Mr. Scott is this in agreement with what we talked about this morning? The application, as Eddie has outlined is pretty close to what you talking about this morning? Robert Scott: Completely. I indicated that we need the opportunity to complete the study. We are doing it with strong encouragement of CBD Association, we being VDOT. VDOT's consultant is scheduled to done with study in December. At that time, they are expected to identify a series of alternatives for the routing of a flyover and also to make a recommendation. I think we need a little bit of time to decide together what the affected people in the CVD Association and the community as a whole, which one is appropriate. All of them affect this property. I am in agreement that some relatively high level of flexibility is in order as far as the relationship between the project and the road network. We really don't know what the road network is going to be. We feel that in principal we have worked out an arrangement where by they can do the things that they need to do and that is close, get their appraisals and go through all those processes that are important to them. We can go through the processes that are important to us. In other words, I think we have a win -win here. So, we do have some work to do in the next short number of days here to get it in order so that when it goes to City Council, it can be hopefully improved and we will set out to do that work. While we don't have the details settled, we have the principal settled. Dorothy Wood: Thank you. Gene. Eugene Crabtree: Can we go ahead and recommend approval for this application as it is? Robert Scott: As long as you know what you're getting. You don't have answers to the detailed questions. Eugene Crabtree: But all parties can go ahead and proceed. Robert Scott: They can go ahead and do that and when we get the details we can work it out. Eugene Crabtree: Can we make a motion? I'd make a motion to approve the application with the revised conditions. Dorothy Wood: Do I hear a second? Robert Scott: I don't have any revised conditions. I think what you need to do is approve what you have in front of you. Those need to be worked out in detail. Just remember we need to have the expectation that it is going to be adjusted between now and time it goes to City Council. William Din: Was it my understanding that you had withdrawn the Conditional Use Permit for the senior housing? Eddie Bourdon: Yes sir. The Conditional Use Permit for senior housing is withdrawn. As far as the four conditions of the Use Permit that I passed out, if it is easier, we can work those out between now and City Council as well. Stephen and Mr. Scott both provide them yesterday. They looked at them. I don't think they have any objection to them but we're perfectly happy to work closely with staff on those additions. I don't think anything in that part is really a significant impediment to this at all. It's the agreement with regard to protecting the values on the property that City needs to acquire right-of-way with the realigned road, which I think is the big issue. Eugene Crabtree: I'd like to make a motion that we approve it. I don't know how to word it. I'd make a motion to approve this application. Dorothy Wood: A motion by Gene and seconded by Kathy Katsias Eddie Bourdon: Is that with no conditions? Is that the way? Kathy Katsias: No. Eddie Bourdon: The four conditions as we submitted to them or with no conditions? Robert Miller: They already had and you all are going to work together on those between now and the City Council. Eddie Bourdon: There isn't any disagreement, I don't believe with regard to what we indicated in those conditions. We're 30 feet back from Bonney Road will not work. We can't approval. Our whole appraisal is going to go down. I don't think that is what anybody believes is necessary that we be 30 feet back from Bonney Road, which is Condition #2. We also prefer that the condition not agree that we be limited to one entrance from Bonney Road for Phase "A". We haven't had any dialogue that has given us any belief that's a strong position. Again, the ultimate alignment of the road is going to deal with that issue in all likelihood anyway. Those two conditions in number 2 and number 4 as worded in the staff's recommendation, we cannot agree too. I don't think that in a recent conversation is taking a total adverse position to that. Dorothy Wood: Would you like a deferral for 30 days? Robert Miller: No. Let's go back. I misunderstood you. I thought you were saying that you wanted to work with the four conditions between now and Council. Eddie Bourdon: If you want to take them out? Robert Miller: Where do we go with this Bob? Robert Scott: I don't see exactly why Eddie has got a problem with what we wrote. We may have a little bit of problem with what he wrote. Eddie Bourdon: I agree. Robert Scott: I would prefer that if you're going to recommend approval that you recommend approval with no conditions. Eddie Bourdon: We're fine with that. Robert Scott: With the understanding that we're going to be working in the next few days to get the conditions worded the way they need to be worded to get the things done. Eugene Crabtree: I'm fine with that. I'll change the motion so it's with no conditions. Robert Miller: Are you ready to vote again? AYE 10 NAY 0 ABS 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY ABS STRANGE AYE WALLER AYE .WOOD AYE ABSENT 0 Ed Weeden: By a vote of 10-0, with one abstention, the application of Cityview One has been approved by the Board. Eddie Bourdon: Thank you all very much. Dorothy Wood: This meeting is adjourned. Gpin: See Attached In Reply Refer To Our File No. DF-5978 TO: FROM: W Leslie L. Lilley William M. Macali (PI-1 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 24, 2005 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application — CityView, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 8, 2005. I have reviewed the subject proffer agreement, dated March 31, 2004 and the right of way acquisition agreement, dated November 30, 2004, and have determined them to be legally sufficient and in proper legal form. Copies of the agreements are attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen CITYVIEW ONE, L.L.C., a Virginia limited liability company SENTARA HEALTHCARE, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 318t day of March 2004, by and between CITYVIEW ONE, L.L.C., a Virginia limited liability company, Grantor, party of the first part; SENTARA HEALTHCARE, a Virginia corporation, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of those certain parcels of property located in the Lynnhaven District of the City of Virginia Beach, containing approximately 23.82 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to Conditional B-4C Central Business Mixed Use 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 Grantors acknowledge 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 GPIN: 1477-62-4691; 1477-62-3295; 1477-62-1346; 1477-72-0566; 1477-72- 1665; 1477-72-2699; 1477-72-4744; 1477-72-1810; 1477-73-1024; 1477-73-0276; 1477-72-4965; 1477-72-3965 PREPARED BY: SYKES BOURDON, AHERN & LEVY, P.C. 281 INDEPENDENCE BLVD. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 1 time to recognize the effects of change that will be created by the Grantors' 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 Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as 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 Grantors, their 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 auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, subject to the provisions of proffers numbered 4 and 5, it shall be developed substantially as shown on the exhibits entitled "CityView Preliminary Concept Site Plan" and "CityView Development Plan", each dated 4/ 1/04, prepared by CUSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as "Concept Plans") . 2. When the residential, non-residential and/or mixed use buildings depicted on the Concept Plans are developed, they will be in substantial 2 compliance with the Mixed Use Development Guidelines contained in the Grantee's Comprehensive Land Use Plan and the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "Phase A - Elevations", "Phase B - Elevations", and "Aerial Rendering" for "CityView Bonney Road", prepared by CMSS Architects, P.C., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "CityView Renderings"). 3. So long as Grantee does not tender a "Realignment Notice" as described in Paragraph 5 below, Grantor agrees to dedicate the depicted segment of Constitution Drive, which crosses "Phase B" of the Property, consistent with the alignment currently specified in Grantee's Master Transportation Plan. Grantor agrees to construct that portion of Constitution Drive as specified above, which crosses "Phase B" of the Property and is above the ten (10) foot contour line, substantially as shown on the exhibit entitled "Road Section", CityView Bonney Road, prepared by CMSS Architects, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as "Road Section") . 4. If requested by the Grantee, Grantor shall not submit and Grantee shall be under no obligation to review a final site plan, for any portion of the Property, prior to April 15, 2005. 5. In the event Grantee specifically notifies the Grantor, in writing, prior to April 15, 2005, of its decision to adopt a modified alignment of that segment of Constitution Drive which crosses the Property and/or its decision to adopt a modified alignment of Bonney Road in a manner which relocates it upon the Property ("Realignment Notice"), the Grantor will adjust and revise the Concept Plan to (a) remove the alignment(s) now depicted and incorporate the modified alignment(s) as specified in the Notice; and (b) relocate and modify the building footprints consistent with the specifications contained in proffer number 2 above. The Director of the Virginia Beach Department of Planning shall determine whether Grantor's revised Concept Plan is consistent with proffer number 2. C 6. In the event Grantee provides Grantor with the "Realignment Notice", Grantee's acquisition of those portions of the Constitution Drive and/or Bonney Road right of way(s) located upon the Property shall be governed by a "RIGHT OF WAY ACQUISITION AGREEMENT" dated November 30, 2004. 7. The buildings depicted on the Concept Plans may vary in the number of stories they contain from the buildings depicted on the CityView Renderings. The buildings within Phase A may range from 4 to 6 stories in height. The buildings within Phase B may vary from 3 to 15 stories in height. 8. When Phase B as depicted on the Concept Plans is fully developed, there will be a minimum of 45,000 square feet of building area devoted to non- residential uses. The buildings within Phase B may contain 470 residential units or such larger number as may be permitted under Section 902(b)(7) of the Comprehensive Zoning Ordinance. Parking will be provided in accordance with the requirements of the B-4C Central Business Mixed Use District. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the 0-2 and B-4C Districts 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 Grantors 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 Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed 4 by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action 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 Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: GRANTOR: Sentara Healthcare, a Virginia corporation By: � v —(SEAL) Donald V. Jellig, Virep?rsident STATE OF VRGINIA, CITY OF : / t! c ti , to -wit: The foregoing instrument was acknowledged before me this day of g g April, 2004, by Donald V. Jellig, Vice President of Sentara Healthcare, a Virginia corporation, Grantor. Notary Public My Commission Expires: 3'W-01' WITNESS the following signature and seal: GRANTOR: CityView ONE, L.L.C., a Virginia limited liability company By; (SEAL) F. Andrew Heatwole, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 1st day of April, 2004, by F. Andrew Heatwole, Managing Member of CityView One, L.L.C., a Virginia limited liability company, Grantor. C f Notary Public My Commission Expires: August 31, 2006 7 FXffiBIT "A" All those certain tracts, pieces or parcels of land situate, lying and being on the North and South sides of Bonney Road in the City of Virginia Beach, Virginia, together with any buildings and improvements thereon and all appurtenances thereunto belonging, including riparian rights incident thereto, and being known and designated as "PARCEL A AREA = 11.86 Ac." and "PARCEL B AREA = 11.96 Ac." as shown on Sheets 1 and 2 of that certain plat entitled "BOUNDARY LINE SURVEY OF PROPERTY STANDING IN THE NAME OF BONNEY ROAD OFFICE PARK ASSOCIATES BONNEY ROAD OFFICE PARK ASSOCIATES II & III KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated February 3, 1986, Scale 1" = 100', made by Langley and McDonald, a professional corporation, Engineers -Planners -Surveyors, 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 2498, at Page 1012, reference being made to said plat for a more particular description of said property. GPIN: 1477-62-4691 1477-62-3295 1477-62-1346 1477-72-0566 1477-72-1665 1477-72-2699 1477-72-4744 1477-72-1810 1477-73-1024 1477-73-0276 1477-72-4965 1477-72-3965 CONDITIONALREZONING/ CITYVIEWONE/PROFFER11 REV.11 /30/04 PREPARED BY: ®SYYKES. BOURDON. AHERN & LEW P.C. RIGHT OF WAY ACQUISITION AGREEMENT THIS AGREEMENT, made this 30+h day of November, 2004, by and between CITYVIEW ONE, L.L.C., a Virginia limited liability company (hereinafter sometimes referred to as "Cityview"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "City") WITNESSETH: WHEREAS, Cityview, as contract purchaser of certain real property located in the City of Virginia Beach, which property is more particularly described in Exhibit "A" attached hereto and incorporated herewith by reference, (hereinafter referred to as the "Property'"), has a pending application to conditionally rezone the Property from Unconditional 0-2 Office District to Conditional B-4C Mixed Use District before the Virginia Beach City Council; and WHEREAS, the proffered "Concept Plans" for development of the Property, submitted by Cityview incorporate the existing alignments of the public right of ways known as Constitution Drive and Bonney Road as contained in the City's Master Transportation Plan and the City's Capital Improvement Project # 2-208 Constitution Drive Extended; and WHEREAS, the Virginia Department of Transportation has recently undertaken a study to evaluate possible realignment and/or relocation of that portion of Bonney Road between Independence Boulevard and S. Gum Avenue and that portion of Constitution Drive Extended located south of the Town Center; and WHEREAS, Cityview, acknowledges and agrees that its conceptual development plan as proffered with its conditional rezoning application, is potentially in conflict with the new alternative alignments being studied by the Virginia Department of Transportation; and WHEREAS, Cityview, for itself, its successors, assigns, grantees, and heirs voluntarily without any elements of quid pro quo for rezoning approval, agrees to the conditions and restrictions set forth herein which are intended to preserve the City's ability to acquire those portions of either right of way which the City may determine to realign upon the Property at current "fair market value" based upon the Property's current 0-2 Zoning in a timely manner; and 1 PREPARED BY: EM SYKES. BOURDON. AHERN & LEVY. P.0 WHEREAS, Cityview has requested to be permitted to proceed with its -onditional rezoning application in a timely manner for contractual reasons, and the City is willing to permit the application to proceed to a public hearing before the Virginia Beach City Council under certain conditions. NOW, THEREFORE, for valuable consideration the receipt and sufficiency of which is hereby acknowledged by both Cityview and the City, the parties to this Agreement do hereby covenant and agree as follows: 1. The covenants, conditions and agreements contained herein are expressly subject to and contingent upon approval of this agreement by the City Council of the City of Virginia Beach, at its February 8, 2005 Public Hearing, in conjunction with requested approval of the pending application of Cityview for a conditional rezoning of the Property from Unconditional 0-2 to Conditional B-4C. 2. In the event the City tenders the "Realignment Notice" to Cityview as described in Proffer number 5 contained in the parties "Proffered Covenants, Restrictions and Conditions dated March 31, 2004, Cityview agrees to convey to the City and the City shall take those actions necessary to acquire from Cityview, those portions of the Cityview Property which are (a) within the realigned right of way(s) of Constitution Drive and/or Bonney Road, and (b) rendered undevelopable as a consequence of the realignment (the "Acquisition Area"). For purposes of this Agreement, portions of the Cityview Property rendered undevelopable as a consequence of such realignment shall be those portions of the Cityview Property that consist of lots created as a result of the acquisition by the City of the realigned right of way(s) of Constitution Drive and/or Bonney Road and that cannot be developed as a result of the application of the City's or other governmental entity's laws, ordinances, rules or regulations or be combined with any other Cityview property in such manner as to create a developable lot. 3. The parties acknowledge and agree that the valuation of the Acquisition Area shall be based upon the Fair Market Value of the Property as of December 1, 2004 with the current Unconditional 0-2 Office District Zoning. 4. The parties acknowledge and agree that, upon tender of the Realignment Notice, the parties shall attempt to negotiate an agreed upon purchase price for the Acquisition Area. If the parties are not able to reach an 2 PREPARED BY: ®SYKES. $OURDON. AHERN & LEVY. PC agreement as to the Purchase Price by June 1, 2005, each party shall retain a duly Licensed MAI appraiser to ascertain the value of the Acquisition Area and submit a written report of his/her basis for the valuation by September 1, 2005 ("valuations"). The parties shall exchange their respective appraiser's valuations by no later than September 10, 2005. In the event the difference between the two (2) valuations is less than or equal to ten percent (10%) of the greater of the two (2) valuations, the parties agree that the purchase price for the Acquisition Area shall be the lower of the two (2) valuations plus fifty percent (50%) of the difference between the two (2) valuations (i.e. higher valuation minus lower valuation, equals difference, multiplied by 50%). In the event the difference in the two (2) valuations exceeds ten percent (10%) and the parties cannot agree upon a purchase price, the two (2) appraisers shall, by October 1, 2005, select a third appraiser ("Final Appraiser") who shall review the two (2) valuations, conduct any additional research deemed necessary and issue a report of his determination of value, which value shall not be lower than the lesser of the two (2) appraisals nor higher than the higher of the two (2) appraisals. The Final Appraiser's report shall be complete by December 1, 2005, and the parties agree that the Acquisition Area valuation as determined by the Final Appraiser shall be the binding purchase price. Each party shall be responsible for its own appraisers' fees and expenses and one-half (1/2) the fees and expenses of the Final Appraiser. 5. Subject to appropriation of the necessary funds by the City Council in the same fiscal year in which payment is to be made pursuant to this paragraph, the City shall pay to Cityview the purchase price for the Acquisition Area by no later than March 1, 2006, time being of the essence. In the event the City shall fail to appropriate the necessary funds or to pay to Cityview the purchase price for the Acquisition Area as contemplated herein, this Agreement shall be null and void and of no force or effect, it being the intention of the parties that in such an event, the City will acquire the Acquisition Area either pursuant to a new agreement of the parties or by eminent domain at the fair market value of the Acquisition Area as of the date of recordation of a Certificate of Condemnation. 3 PREPARED BY: SMS. $OLMON. AHMN & I.M. K WITNESS the following signatures and seals: CITYVIEW ONE, L.L.C. a Virginia limited liability company BY�-�-` �_---� (SEAL) Title: F. Andrew Heatwole, Managing Member THE CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia By:_ Title: APPROVED AS TO FORM: Signature - City Attorney STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: SEAL) I, Anita R. H. McCorkle, a Notary Public in and for the City and State aforesaid, do hereby certify that F. Andrew Heatwole, Managing Member of CityView One, L.L.C., a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me in my City and State aforesaid. He is personally known to me GIVEN under my hand this 3td day of December, 2004. My Commission Expires: August 31, 2006 0 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/ AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO § 2-154 OF THE CITY CODE, whose name is signed to the foregoing agreement, bearing date the 30+h day of November, 2004, has acknowledged the same before me in my City and State aforesaid. He/ She is personally known to me. GIVEN under my hand this day of December, 2004. My Commission Expires: PREPARED BY: ®SMS. $OURDON. AHERN & I.M. K 5 Notary Public EXHIBIT "A" 411 those certain tracts, pieces or parcels of land situate, lying and being on the North and South sides of Bonney Road in the City of Virginia Beach, Virginia, together with any buildings and improvements thereon and all appurtenances thereunto belonging, including riparian rights incident thereto, and being known and designated as "PARCEL A AREA = 11.86 Ac." and "PARCEL B AREA = 11.96 Ac." as shown on Sheets 1 and 2 of that certain plat entitled "BOUNDARY LINE SURVEY OF PROPERTY STANDING IN THE NAME OF BONNEY ROAD OFFICE PARK ASSOCIATES BONNEY ROAD OFFICE PARK ASSOCIATES II & III KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated February 3, 1986, Scale 1" = 100', made by Langley and McDonald, a professional corporation, Engineers -Planners -Surveyors, 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 2498, at Page 1012, reference being made to said plat for a more particular description of said property. GPIN: 1477-62-4691 1477-62-3295 1477-62-1346 1477-72-0566 1477-72-1665 1477-72-2699 1477-72-4744 1477-72-1810 1477-73-1024 1477-73-0276 1477-72-4965 1477-72-3965 CONDITIONALREZONE/ CITMEWONE/AGREEMENT2 PREPARED BY: MS. $OURDON. AHM & I.tVY. P.0 X -52- Item V-L.3. PLANNING ITEM # 48773 (Continued) 5. The existing property lines within the site must be vacated and the property consolidated into one (1) parcel. 6. Any outdoor lightingfixtures shall not be erected any higher than 14 feet (149. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehousepremises; said lighting and glare shall be deflected, shaded and focused away from all adjoining Property 7. Thereshall be no electric or diesel powergenerator 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. 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. This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of October, Two Thousand One Voting, 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 9, 2001 -51- Item V-L.3. PLANNING ITEM # 48773 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon Application of MICHAEL D. SIFEN, INC. for a Conditional Use Permit: ORDINANCE UPONAPPLICATIONOFMICHAEL D. SIFEN, INC. FOR A CONDITIONAL USE PERMIT FOR MINI -WAREHOUSES 10013081 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordinance upon Application of Michael D. Sifen, Inc., a Virginia corporation, for a Conditional Use Permit for mini -warehouses on the west side of General Booth Boulevard, 550 feet more or less north of Dam Neck Road (GPIN #2415-46-4253; #2415-46-8154). Said parcel contains 5.609 acres. DISTRICT 6 - BEACH. The following conditions shall be required: 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 rearproperty line and retention of existing trees within the buffer in accordance with the condition of the February 24, 1986, rezoning to B-2 on this property. b. The applicant must make efforts to preserve existing trees within thefifteen foot(159buffer along thesouth sideofBuildingFour, adjacent to Dam Neck Square Apartments. These existing trees can be supplemented with new plant material as necessary to form a solid screen. 4. An 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. October 9, 2001 -47- Item VI-I.3. PLANNING ITEM # 49775 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council, MODIFIED conditions placed on the GENERAL BOOTHSTORAGE, INC. application for Conditional Use Permitfor mini -warehouses approved on October 9, 2001, and, APPROVED a Variance re subdividing three lots into two A ND, Application of General Booth Storage, Inc., a Virginia corporation for a Modification of Conditions placed on the application for a conditional use permit for mini -warehouses on October 9, 2001. Property is located on the west side of General Booth Boulevard, 432.80 feet north of Dam Neck Road. DISTRICT 6 -BEACH. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for General Booth Storage, Inc., a Virginia corporation. Property is located on the west side of General Booth Boulevard, 432.80 feet north of Dam Neck Road (GPIN #2415-46-3163; #2415-46-4253; #2415-46-8154; #2415-46-9010). DISTRICT 6 - BEACH. The following conditions shall be required; 1. All conditions with the exception of Number 5 attached to the Conditional Use Permit granted by the City Council on October 9, 2001 remain in effect. 2. Condition Number 5 of the October 9, 2001 Conditional Use Permit is deleted and replaced with thefollowing: 3. The existing property lines within the site must be vacated and the property consolidated into no more than two (2) parcels. 4. A no ingress/egress easement must be dedicated along the entire frontage of 154 feet along General Booth Boulevard. 5. Appropriate ingress/egress, water, sewer and drainage easements must be provided for both parcels on the f nal plat. 6. There shall be nofreestanding sign installed on proposed Parcel W-2. A deed restriction shall be recorded with the Clerk of the Circuit Court for proposed Parcel W-2 indicating that there shall be no freestanding sign located on the parcel. 7. To construct a freestanding sign on Parcel W-1, the style and design of which is described in Condition # 9 of the October 9, 2001, Conditional Use Permit, the applicant shall obtain a variance from the Board of Zoning Appeals. June 11. 2002 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: General Booth Storage, Inc. — Modification of Conditions MEETING DATE: February 8, 2005 ■ Background: An Ordinance upon Application of General Booth Storage, Inc. for the Modification of Conditions for applications approved by City Council on October 9, 2001 and June 11, 2002. Property is located on the west side of General Booth Boulevard, 432.80 feet north of Dam Neck Road (GPINS 24154642530000;24154631630000;24154681540000;24154690100000). DISTRICT 6 — BEACH. ■ Considerations: A Conditional Use Permit permitting a mini -warehouse facility on a portion of this site was approved by the City Council on October 9, 2001 with 10 conditions. On June 6, 2002 a modification to the original conditions was approved accompanied by a subdivision variance to allow for a one -acre outparcel at the front of the site. Condition number 2 of the June 6, 2002 approval is requested for modification because the applicant desires to consolidate the property into one parcel and to use the front parcel for an expansion of the mini -storage complex. Staffs evaluation of this request reveals the proposal is consistent with the Comprehensive Plan. The new buildings have been designed to complement the existing buildings and also to look attractive from the roadway. The landscape plan provided by the applicant shows that a decorative fence with plantings will be provided at the front of the site to enhance the streetscape as well as additional plantings along the sides of the buildings. The proposed use is also more consistent with the land use recommendations of the Navy for this site, as it is located within the Greater Than 75 dB Ldn AICUZ. The Planning Commission placed this item on the consent agenda because it is the expansion of an existing mini -storage facility, it is consistent with the recommendations of the Comprehensive Plan, Staff recommended approval, and there was no opposition. General Booth Storage, Inc. Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 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 mini -storage addition shall be developed in substantial conformance with the plan entitled "Landscape Plan for Mini -Price Self Storage, General Booth Boulevard, Phase 2" dated 11 /01 /04 and prepared by Site Improvement Associates, Inc. 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. 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. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmenfi��,_, City Manager: 1(, Wft GENERAL BOOTH STORAGE, INC. Agenda Item # 11 January 12, 2005 Public Hearing Staff Planner: Barbara J. Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: Location and General Information Modification of Conditions placed on a conditional use permit for mini - warehouses on October 9, 2001 and as modified on June 11, 2002. Property located on the west side of General Booth Boulevard, 432 feet north of Dam Neck Road GPIN: 24154642530000;24154631630000;24154681540000; 24154690100000 COUNCIL ELECTION DISTRICT: 6 — BEACH SITE SIZE: 5.6 acres EXISTING LAND USE: Mini -storage facility SURROUNDING North: . Restaurant / B-2 Community Business District LAND USE AND South: . Shopping Center / B-2 Community Business ZONING: District East: • Restaurant / B-2 Community Business District West: . Neighborhood park / R-5D Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is developed with a mini -warehouse complex. AICUZ: The site is in an AICUZ of >75 dB Ldn surrounding NAS Oceana. Summary Of Propose The Conditional Use Permit permitting the mini -warehouse facility was approved by the City Council on October 9, 2001. The Conditional Use Permit had 10 conditions: 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 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. GENERAL 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-2 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. An 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 higher than 14 feet (14'). Consistent with Section 237 of the 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. 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 devises shall be installed on the roof or walls of the buildings or on any other fence enclosing the property. On June 6, 2002 a modification to the original conditions was approved accompanied by a subdivision variance to allow for a one acre outparcel at the front of the site. The conditions as modified are listed below: 1. All conditions with the exception of Number 5 attached to the Conditional Use Permit granted by City Council on October 9, 2001 remain in effect. 2. Condition Number 5 of the October 9, 2001 Conditional Use Permit is deleted and replaced with the following: (a) The existing property lines within the site must be vacated and the property consolidated into no more than two (2) parcels. (b) A no ingress/egress easement must be dedicated along the entire frontage of 154 feet along General Booth Boulevard (c) Appropriate ingress/egress, water, sewer and drainage easements must be provided for both parcels on the final plat. (d) There shall be no freestanding sign installed on proposed Parcel W-2. A deed restriction shall be recorded with the Clerk of Circuit Court for proposed Parcel W-2 indicating that there shall be no freestanding sign located on the parcel. (e) To construct a freestanding sign on Parcel W-1, the style and design of which his described in Condition #9 of the October 9, 2001 Conditional Use Permit, the applicant shall obtain a variance from the Board of Zoning Appeals. Condition number 2 above is requested for modification because the applicant wants to consolidate the property into one parcel and to use the front parcel for an expansion of the mini -storage complex. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. 9 Consistency with the Comprehensive Plan Comprehensiva"Plan The Comprehensive Plan identifies this site as being within the Primary Residential Area specified as the North General Booth Corridor. The North General Booth Corridor stretches from Rudee Bridge to Dam Neck Road. This site is located near the major intersection of Dam Neck Road and General Booth Boulevard, where commercial uses are predominant. Infill and redevelopment within this corridor should be of a scale and architectural design to complement the character of the adjoining uses. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the `Major Issue' identified above. The new buildings have been designed to complement the existing buildings and also to look attractive from the roadway. The landscape plan provided by the applicant shows that a decorative fence with plantings will be provided at the front of the site to enhance the streetscape as well as additional plantings along the sides of the buildings. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 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. Improvement Associates, Inc. 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. 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. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. GENERAL B Maf Z No to IN Modification of Conditions Supplemental Information 110 0 0 0, Zoning History i # I DATE IREQUEST I ACTION 1 10/09/01 Conditional Use Permit (Mini -Warehouses) GRANTED 2 06/06/02 Modification of Conditions (Mini -Warehouses) GRANTED 3 02/24/86 Rezoning from AG-1 Agricultural to B-2 Business GRANTED 4 11/22/94 Conditional Use Permit (Communication Tower) GRANTED 5 01/22/02 Subdivision Variance GRANTED 6 06/08/01 Conditional Use Permit (Gas and Convenience Store) GRANTED 7 03/13/78 Rezoning from AG-1 Agricultural to B-2 Business GRANTED 8 06/14/94 Change of Zoning from A-12 apartment to Conditional B- GRANTED 2 Business GENERAL BOOTH STORAGE Agenda Item #,11 Page, 7 Public Agency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan identifies General Booth Boulevard in this location as an ultimate eight lane divided facility on constrained right-of-way (155 feet). Existing right-of-way in this location measures between 140 feet and 145 feet in width. A reservation of additional right-of-way may be required for the ultimate width along the frontage of this site during detailed site plan review. Traffic Calculations: The proposed building addition to an already established mini -warehouse facility will have little to no impact on traffic flow along the major roadway. Public Safety Police: 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. Fire and Rescue: Fire Department will comment on requirements during review of detailed site and building plans. Wax Myrtle -'"' myrica Cerifero 8' o.c. 24" ht. (71) Live Oak --� Quercus Virginia 2.5" cap (5) GENERA[ BOOTH BLVo. Exhibit B Proposed Site Plan ✓ Honey Locust Gledisto Tricanthos 2.5" cap (5) GENERAL Japanese Anise iiticium Anistotum 4' o.c. 35" ht. (1 b) Dwarf Burford Holly Ilex Burford Nana 3' o.c. 24" ht. (33) Exhibit C Proposed Building Elevation C4 4 o. usa awe m © 2 H 0 u .us N J I" u W SI Z�= ado GENERAL 16%f AN" I w a 4ft%*%M 1 W� � low H > OVS 02 -5 0 -.. E. 8 t a gel h CEO 9 gig 6 r 41 -1.9 0 :t-z-aLll6, 8 i ;.0 El - C 8 0 '019.0 d v a - - -:i X C E 9-1 FC WS 0 Ma a H 1- 8" ail CL OR V. C 0 0 C 00 us V ir S 2 Ai ar ZO: 5:2, I- lu z I. -A. 1 z e CH g Ft7Z 8 0 Sa. 0 Ct 0 CL 'M GENERALBO Exhibit D Disclosure Statement Item #11 General Booth Storage, Inc. Modification of Conditions West side of General Booth Boulevard District 6 Beach January 12, 2005 CONSENT William Din: Our next item is Item #11, General Booth Storage, Inc. This is an application for the Modification of Conditions for applications that were previously approved by City Council on October 9, 2001 and June 11, 2002. Property is located on the west side of General Booth Boulevard, 432.80 feet north of Dam Neck Road in the Beach District and there are five conditions. Eddie Bourdon: Thank you Mr. Vice Chair. Madame Chair, Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate being placed on the consent agenda and obviously agree to the conditions. William Din: Thank you sir. Is there any objection to placing this item on the consent agenda? If not, I would like Ms. Anderson again to comment on this item. Janice Anderson: Thank you. As Mr. Din stated, this is an application for a change of the conditions for mini -storage facility. There is a storage facility on this site. Currently the front parcel is undeveloped and the applicant would like to expand their mini -storage facility and develop that front parcel. In their application they're requesting two more buildings of mini -storage will be placed in the front parcel and the applicant has upgraded these buildings, from the ones that are behind it for upgraded elevations since they are closer to the road. The application also included a decorative fence and plantings of landscaping to make it a very attractive street front, also, all the buildings will be 35 feet back from General Booth Boulevard and due to those conditions we would recommend approval. William Din: Thank you Jan. I'd like to make a motion to approve following consent item that was placed on the consent agenda, Item #11, General Booth Storage, Inc., modification of conditions as previously approved by City Council on Dam Neck Road in the Beach District with five conditions. Dorothy Wood: Do I hear a second? We have a second by Mr. Knight. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE Item #11 General Booth Storage, Inc. Page 2 HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER ABSENT WOOD AYE Ed Weeden: By a vote of 9-0, Item #11 has been approved for consent. eAo ��zzzi� ?si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend Section 6 of the Agricultural Lands Preservation Ordinance, Pertaining to the Area of Applicability of the Agricultural Reserve Program MEETING DATE: February 8, 2005 ■ Background: The City's Agricultural Reserve Program (ARP) currently allows properties in the area of the City south of Indian River Road and in the portion of the Transition Area east of West Neck Creek to be included in the Program. In December 2004, the City Council referred to the Planning Commission an amendment to the Open Space/Recreation component of the Comprehensive Plan that would encourage the use of the Agricultural Reserve Program throughout the entire Transition Area, rather than in only the portion of the Transition Area east of West Neck Creek. The Planning Commission recommended approval of the Comprehensive Plan amendment, which is to be presented to the City Council for adoption on February 8. ■ Considerations: The proposed amendment to the Agricultural Lands Preservation Ordinance would extend the area of the City in which the Agricultural Reserve Program (ARP) applies by reference to a revised map, dated February 2005, that shows properties in the entire Transition Area as being eligible for inclusion in the ARP, rather than only those properties in the portion of the Transition Area east of West Neck Creek. If the City Council desires to effectuate the extension of the area in which the ARP applies, it must adopt both this proposed ordinance and the ordinance amending the Comprehensive Plan. ■ Public Information: No special form of advertisement of public notice is necessary for this ordinance. The accompanying Comprehensive Plan amendment, however, was the subject of a public hearing before the Planning Commission at which no one expressed his or her views. In addition, the Agricultural Advisory Commission was briefed on the proposed amendment and its effect on January 10, 2005, and expressed no opposition. ■ Alternatives: The City Council may, if it desires, choose not to extend the area of the City in which properties are eligible for inclusion in the ARP. 0 Recommendations: Adoption of ordinance ■ Attachments: Ordinance The ARP map, as revised, will be exhibited to the City Council when the ordinance is taken up by the City Council on February 8, Recommended Action: Adoption of ordinance Submitting Department/Agency: Agriculture Department City Manager: K-'- 6 &A, 1 AN ORDINANCE TO AMEND SECTION 6 OF 2 THE AGRICULTURAL LANDS PRESERVATION 3 ORDINANCE, PERTAINING TO THE AREA OF 4 APPLICABILITY OF THE AGRICULTURAL 5 RESERVE PROGRAM 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That Section 6 of the Agricultural Lands Preservation 11 Ordinance (City Code Appendix J) is hereby amended and 12 reordained, to read as follows: 13 APPENDIX J. AGRICULTURAL RESERVE PROGRAM 14 . . . . 15 Sec. 6. Applicability. 16 The agricultural reserve program shall apply in that 17 portion of the city delineated on the map entitled "Area of 18 Applicability, Agricultural Reserve Program," dated june 299P 19 February 2005, which map has been exhibited to the City 20 Council and is on file in the department of agriculture, 21 except in those areas under the ownership or control of the 22 United States of America or the Commonwealth of Virginia, or 23 an agency or instrumentality thereof. 24 Nothing in this Ordinance shall be construed as a 25 limitation upon the City's authority to acquire land for 26 public purposes other than those set forth in this Ordinance. 27 . . . . 28 COMMENT 29 The ordinance extends the area of the City in which the Agricultural Reserve Program (ARP) applies 30 by reference to a revised map, dated February 2005, that shows properties in the entire Transition Area as 31 being eligible for inclusion in the ARP, rather than only those properties in the portion of the Transition Area 32 east of West Neck Creek. 33 34 35 36 Approved as to Content: Approved as to Legal SuM iency: 37 38 39 40 AgricultJfe Department City Attorney's 0 fice 41 42 43 CA-9498 44 OID\ordres\ARP sec6ordin.doc 45 January 28, 2005 46 R-1 E luw xr. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — Comprehensive Plan Amendment (Agricultural Reserve Program) MEETING DATE: February 8, 2005 ■ Background: An Ordinance to amend the Comprehensive Plan pertaining to the Open Space / Recreation element for the Transition Area. ■ Considerations: This amendment was referred to the Planning Commission from the City Council. The proposed amendment would extend eligibility for the Agricultural Reserve Program to include property in the entire Transition Area, rather than only the portion of the Transition Area located east of West Neck Creek. Details regarding the proposal are contained in the attached staff report. State law requires that programs such as the ARP be in conformity with the Comprehensive Plan. Thus, if the ARP Ordinance is amended so as to extend the ARP to the entire Transition Area, the Comprehensive Plan must be amended to reflect that extension. Moreover, the Comprehensive Plan amendment must be adopted either prior to, or contemporaneously with, the ARP Ordinance amendment. The Planning Commission placed this item on the consent agenda because it is consistent with other recommendations of the Comprehensive Plan, Staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this amendment to the Comprehensive Plan. ■ Attachments: Staff Review Ordinance Planning Commission Minutes City of Virginia Beach — Comprehensive Plan (ARP) Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: I� CITY OF VIRGINIA BEACH Agenda Item # 6 January 12, 2005 Public Hearing The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. An Ordinance to amend the Comprehensive Plan pertaining to the Open Space / Recreation element for the Transition Area. This amendment was referred to the Planning Commission from the City Council. Councilmember Reeve, as the sponsor of the resolution referring this matter to the Planning Commission, has requested that the ARP be extended to include property in the entire Transition Area, rather than only the portion of the Transition Area located east of West Neck Creek. In 1995, the City Council implemented the Agricultural Reserve Program (ARP) as a non -development option for property owners. The program is voluntary but allows property owners to preserve land for farming, preserve the rural character and environmental resources of the area, and reduce or minimize the need for urban infrastructure. The ARP has and continues to be an important long-range implementation tool for rural and agricultural preservation. From 1991 to 1997, there were three "transition areas" immediately south of the Green Line, each treated somewhat differently. With the adoption of the 1997 Comprehensive Plan, the three transition areas were unified into one area, called the Transition Area. The boundary area for the ARP has not changed since adoption although there was much discussion about what areas should be eligible. Properties east of the centerline of West Neck Creek in the Transition Area and all land below Indian River Road are eligible. The centerline of the creek was the former boundary between Transition Area 3 (to the east) and Transition Area 2 (to the west). With the creek as the boundary, this meant that applications for the ARP would be entertained in approximately one-third of the consolidated Transition Area. To date, there has been only one application approved by City Council in the Transition Area — the 39.67 acre Williamson tract on the east side of Princess Anne Road. CITY OF VIRGINIA BEACH Agenda Item# 6 Page 1 In April, 2003, the Agricultural Advisory Commission prepared and submitted written comments as part of the Comprehensive Plan Update. Concerning the Transition Area, they wrote: We believe that the role of agriculture in achieving goals of the Transition Area in significant. In particular, the Agricultural Reserve Program (ARP) can have a major impact on effecting a "transition" that is both meaningful and lasting. At present, the ARP is limited to that portion of the Transition Area east of West Neck Creek. If its promise is to be fully realized, we recommend that the opportunity for participation in the ARP be expanded to all property owners in the Transition Area. Thus, one of the policies of the 2003 Comprehensive Plan pertaining the open space and recreation element for the Transition Area is that landowners are encouraged to utilize the ARP in the portion of the Transition Area east of West Neck Creek. Since then, much has changed in the Transition Area. Property values have dramatically increased and much of the farmland which might have come into the ARP has been rezoned or planned for development. Should the ARP be extended to the balance of the Transition Area, Staff estimates that an additional 1,093 acres could become eligible. This figure does not include parcels less than 10 acres, agricultural land recently rezoned or known to be under contract for development, or City -owned property. Land values and development potential represent major impediments to the ARP. Properties in the western portion of the Transition Area are being listed for sale in the $80,000 per acre range. Appraised values throughout the Transition Area are currently ranging from $50,000 to $75,000 per acre. The Ashville Park tract recently sold for $60,000 per acre. Therefore, the additional 1,093 acres in an expanded ARP eligibility scenario would conservatively be worth between $55 million and $82 million today. At present, there are 1,887 acres of ARP approved property within the footprint of AICUZ. Staff estimates that there are another 2,489 acres currently eligible within AICUZ. If the eligibility area was expanded to the remaining area of the Transition Area, an additional 671 acres would theoretically become available. State law requires that programs such as the ARP be in conformity with the Comprehensive Plan. Thus, if the ARP Ordinance is be amended so as to extend the ARP to the entire Transition Area, the Comprehensive Plan must be amended to reflect that extension. Moreover, the Comprehensive Plan amendment must be adopted either prior to, or contemporaneously with, the ARP Ordinance amendment. CITY OF VIRGINIA BEACH AgendaItem# 6 Page 2 The Resolution referred by the City Council included the necessary amendment to the Comprehensive Plan, specifically to the Open Space/Recreation element for the Transition Area. The proposed amendment is attached. Staff Evaluation "I Staff recommends approval. The Resolution referring this matter to the Planning Commission provides that the Commission must act within 45 days of the adoption of the Resolution by the City Council. Action, therefore, must be taken at the Planning Commission's January 12 public hearing. CITY OF VIRGINIA BEACH Agenda Item # 6 Page 3 1 REQUESTED BY COUNCILMEMBER JIM REEVE 2 3 4 A RESOLUTION REFERRING TO THE PLANNING 5 COMMISSION A PROPOSED AMENDMENT TO THE 6 COMPREHENSIVE PLAN PERTAINING TO THE OPEN 7 SPACE/RECREATION ELEMENT FOR THE TRANSITION 8 AREA AND THE AGRICULTURAL RESERVE PROGRAM 9 10 11 WHEREAS, on December 9, 2003, the City Council established the 12 Task Force on Land Use in Air Installations Compatible Use Zones 13 (the "Task Force") and charged it with the duties, among others, 14 to participate in the Joint Land Use Study and "[t]o work 15 cooperatively with the Navy, the Department of Defense, the 16 Congress of the United States, and other components of the United 17 States Government at the highest possible levels to reach mutually 18 acceptable and beneficial solutions by which reasonable development 19 opportunities within the City may be maintained without adversely 20 affecting flight operations or compromising the Navy's mission;" 21 and 22 WHEREAS, one potential means by which the aforesaid goals may 23 be attained is through the use of the City's Agricultural Reserve 24 Program, in which participating property owners sell the 25 development rights to the City for an agreed -upon price and terms 26 of payment, thereby adequately compensating such property owners 27 for the development rights to their properties and simultaneously 28 preserving valuable open space and preventing development that may 29 adversely affect flight operations or the Navy's mission; and 30 WHEREAS, under the current Comprehensive Plan and Agricultural 31 Lands Preservation Ordinance, property located in that portion of 32 the Transition Area located east of West Neck Creek is not eligible 33 for inclusion in the Agricultural Reserve Program; and 34 WHEREAS, the extension of the Agricultural Reserve Program 35 into the portion of the Transition Area east of West Neck Creek 36 would provide an enhanced opportunity for the City to advance the 37 aforesaid objectives it set in creating the Task Force and in 38 participating in the Joint Land Use Study; and 39 WHEREAS, the public necessity, convenience, general welfare 40 and good zoning practice so require; 41 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 42 VIRGINIA: 43 That there is hereby referred to the Planning Commission, for 44 its consideration and recommendation, a proposed amendment to the 45 Comprehensive Plan pertaining to the open space/recreation element 46 for the Transition Area, a true copy of which amendment is hereto 47 attached. 48 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 49 BEACH, VIRGINIA: 50 That the Planning Commission be, and hereby is, directed to 51 transmit to the City Council its recommendation concerning the 52 aforesaid amendment no later than forty-five (45) days after the 53 date of adoption of this Resolution. 2 54 55 56 57 58 59 60 61 62 63 64 65 66 COMMENT The Resolution refers to the Planning Commission a proposed amendment to the open space/recreation element for the Transition Area set forth in the Comprehensive Plan. The amendment would allow the extension of the area in which properties are eligible for inclusion in the Agricultural Reserve Program to the entire Transition Area, rather than only the portion of the Transition Area east of West Neck Creek. The Resolution also directs the Planning Commission to transmit to the City Council its recommendation concerning the proposed amendment within 45 days of the date of adoption of the Resolution, effectively requiring the Planning Commission to act upon the amendment at its January meeting. Adopted by the City Council of the City of Virginia Beach, 67 Virginia, on the day of December, 2004. 68 69 70 71 72 73 74 75 76 77 78 79 80 CA-9447 H:OID\ordres\compplanARPres.doc R-4 December 7, 2004 APPROVED AS TO LEGAL SUF ICIENC City Attorney's Office 3 1 REQUESTED BY COUNCILMEMBER JIM REEVE 2 3 4 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN 5 PERTAINING TO THE OPEN SPACE/RECREATION 6 ELEMENT FOR THE TRANSITION AREA 7 8 WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 That the portion of the Comprehensive Plan pertaining to the 13 open space/recreation element for the Transition Area is hereby 14 amended and reordained, to read as follows: 15 CHAPTER FIVE 16 PRINCESS ANNE (formerly the Transition Area) 17 . . . . 18 IMPLEMENTING THE VISION 19 In order to achieve our vision for the Transition Area, 20 critical elements necessary to implement this vision must be 21 defined. This plan identifies four elements: 22 1. Natural Resources 23 2. Open Space/Recreation 24 3. Developmental Design 25 4. Infrastructure 26 The following section outlines key objectives for each element 27 and provides useful recommendations that should be integrated, 28 whenever possible, into development plans affecting this important 29 area of the city. 30 . . . . 31 2. OPEN SPACE/RECREATION 32 . . . . 33 Specific recreational and open space amenities associated with 34 the Transition Area must be managed and protected through the 35 following policies: 36 . . . . 37 • Encourage landowners to utilize the Agricultural Reserve 38 Program in the pertien ef the Transition Area leeated-east of 39 West Neek-G-reel, where opportunities exist. 40 . . . . 41 COMMENT 42 The ordinance amends the Comprehensive Plan's open space/recreation element for the 43 Transition Area. The amendment encourages the use of the Agricultural Reserve Program throughout 44 the entire Transition Area, rather than in only the portion of the Transition Area east of West Neck 45 Creek. 46 47 48 Adopted by the City Council of the City of Virginia Beach, 49 Virginia, on the day of 2005. 50 51 CA-9448 52 H:OID\ordres\compplanARPordin.doc 53 R-1 54 November 23, 2004 55 56 57 APPROVED AS TO LEGAL S FFICIE CY: 58 j f \ 59 60 61 City Attorney's Office 2 fJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — Amendment to the City Zoning Ordinance, Section 111 and a new Section 208 ("Portable Storage") MEETING DATE: February 8, 2005 ■ Background: An Ordinance to amend Section 111 of the City Zoning Ordinance to define "portable storage container" and to add a new Section 2908 regulating the use and placement of portable storage containers. On January 25, 2005, the City Council deferred this matter to the February 8 meeting. ■ Considerations: Based on discussion at the January 25th City Council meeting and subsequent discussion with various City Council members, staff has made the following changes to the proposed amendments and a revised version is attached: 1. The definition of a "portable storage container" was clarified to specifically exclude roll -off containers (Line 29). 2. Two of the smaller portable storage containers with a storage capacity of less than 350 cubic feet will be allowed on a site (Lines 61 — 67). The previous version allowed only one container regardless of the size. 3. The amount of signage allowed on the containers has been reduced to nine square feet per sign with two signs allowed per container (Lines 71 — 73). The previous version allowed 24 square feet per sign. 4. In Residential and Apartment Districts, portable storage containers are allowed during construction, reconstruction, alteration and renovation for a maximum of 60 days in any six-month period. The previous version allowed the containers indefinitely for new construction and for a 30-day period for renovations and additions. 5. In the ordinance discussed by City Council on January 25, 2005, a container can be located in a driveway for 16 days if two required parking spaces are left on site and the container is 10' from the street pavement. The revised version does not require the two paved parking spaces to be completely on the residential site. The new version states that the container must leave a portion of the driveway equivalent to two required parking spaces unobstructed. This change allows the portion of the paved driveway that is technically in the public right-of-way to also be used. Staff believes that the important goal is to have room to park two cars in a paved driveway, off the street and off the grassed lawn. This change will provide some flexibility and City of Virginia Beach — Portable Storage Container CZO Amendments Page 2 of 2 allow more lots to qualify to have a container for 16 days, rather than 72 hours. The change is found in lines 106 through 110. 6. Large commercial or governmental construction projects often have more than one storage container in use. The revised amendments do not put a limit on the number of containers in use on construction sites in the Hotel, Office, RT-1, RT-2, Business and Industrial Districts and also in the RT-3 and RT-4 Districts where the use is not residential or apartment. These changes are found in lines133 —138 and lines 144 —146. 7. The revised version adds a new section (g), clarifying what the penalties are for violating any provision of the ordinance (Lines 160 —176). A civil penalty of $100.00 can be assessed for the first violation. Staff policy will be to first try to obtain voluntary compliance through discussions with the container company and homeowner. If voluntary compliance is not obtained, a written notice will be given allowing 24 hours to correct the violation and then if the violation is not corrected, a civil penalty will be issued as a last resort. There has been some discussion regarding increasing the permit fee and charging a fee for the 72 hour permit. Due to special advertising requirements, these fees cannot be easily increased at this time. Staff will track the cost of administering and enforcing the portable storage container regulations and make a report to City Council within six months. Adjustments can be considered at that time based on data collected. ■ Recommendations: The Planning Commission passed a motion to approve the version presented at the January 25th City Council meeting by a recorded vote of 10 — 1. ■ Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Departmen City Manager: S �L. foul AN ORDINANCE TO AMEND AND REORDAIN THE CITY ZONING ORDINANCE BY AMENDING SECTION 111 TO ADD A DEFINITION OF THE TERM "PORTABLE STORAGE CONTAINER" AND ADDING A NEW SECTION 208, REGULATING THE USE AND PLACEMENT OF PORTABLE STORAGE CONTAINERS 1 2 Section Amended: City Zoning Ordinance § 111 3 Section Added: City Zoning Ordinance § 208 4 5 6 WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 111 of the City Zoning Ordinance is hereby 11 amended and reordained, and a new Section 208 is hereby added, 12 to read as follows: 13 Sec. 111. Definitions. 14 For the purpose of this ordinance, words used in the 15 present tense shall include the future; words used in the 16 singular number include the plural and the plural the singular; 17 the use of any gender shall be applicable to all genders; the 18 word "shall" is mandatory; the word "may" is permissive; the 19 word "land" includes only the area described as being above mean 20 sea level; and the word "person" includes an individual, a 21 partnership, association, or corporation. 22 In addition, the following terms shall be defined as herein 23 indicated: 24 . . . . 25 Portable storage container. A portable, weather -resistant 26 receptacle designed and used for the storage or shipment of 27 household goods, wares, building materials or merchandise. The 28 term shall not include yard waste containers provided by the 29 City pursuant to City Code Section 31-35, roll -off containers, 30 or containers having a storage capacity of less than one hundred 31 fifty (150) cubic feet. 32 . . . . 33 COMMENT 34 The amendment defines the term "portable storage container." It specifically 35 excludes City yard waste containers, roll -off containers and containers with a storage 36 capacity of less than 150 cubic feet. 37 38 39 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES 40 APPLICABLE TO ALL DISTRICTS 41 42 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF 43 STREET PARKING AND OFF-STREET LOADING 44 45 . . . . 46 47 48 Sec. 208. Portable Storage Containers. 49 50 51 Portable storage containers located outside of an enclosed 52 building or structure shall be allowed only as specified in this 53 section and subject to the following regulations: 54 (a) General requirements. The following requirements 55 shall apply to portable storage containers in all districts: 2 56 (1) Except in the I-2 Industrial District, or as 57 allowed by conditional use permit in a district 58 in which bulk storage is allowed as a conditional 59 use, or as specifically otherwise provided in 60 Subdivision (1) of Subsection (d), no more than 61 one (1) portable storage container having a 62 storage capacity greater than three hundred fifty 63 (350) cubic feet, or no more than two (2) 64 portable storage containers, each having a 65 storage capacity no greater than three hundred 66 fifty (350) cubic feet, shall be allowed on a 67 zoning lot. No portable storage container shall 68 have dimensions greater than sixteen feet (16') 69 in length, eight feet (81) in width or eight and 70 one-half feet (8-1/21) in height; 71 (2) No more than two signs having a maximum area of 72 nine (9) square feet per sign may be displayed on 73 any portable storage container; 74 (3) Except as provided in Subdivision (2) of 75 Subsection (b), no portable storage container 76 shall be located (i) closer than five feet (51) 77 to any side or rear lot line, or (ii) on any 78 portion of a lot except behind the nearest 3 79 portion of the principal building adjacent to a 80 public street. On lots where there is no 81 principal structure, portable storage containers 82 shall comply with the front yard setback 83 requirements of the zoning district; and 84 (4) All portable storage containers in use on a lot 85 shall be in a condition free from rust, peeling 86 paint and other visible forms of deterioration. 87 (b) Residential, Apartment and RT-3 and RT-4 Resort 88 Tourist Districts. In Residential and Apartment Districts and 89 on lots in the RT-3 and RT-4 Resort Tourist Districts on which 90 the principal use is residential in nature, portable storage 91 containers shall be allowed in accordance with the provisions of 92 Subsection (a) for a period not exceeding a total of sixteen 93 (16) days in any consecutive six (6) - month period, except 94 that: 95 (1) Portable storage containers shall be allowed 96 during construction, reconstruction, alteration 97 or renovation of the principal structure and for 98 an additional period of twenty-four (24) hours 99 before and after such activity, but not to exceed 100 a total of sixty (60) days in any six (6) - month 101 period; and 4 102 (2) If by reason of site conditions portable storage 103 containers cannot be located in conformity with 104 the provisions of Subdivision (3) of Subsection 105 (a), such containers may be located on a 106 driveway, so long as a portion of the driveway 107 equivalent to two (2) required parking spaces is 108 unobstructed and no such container is located 109 closer than ten (10) feet to the paved portion of 110 any street. If, however, site conditions prevent ill such containers from being located in conformity 112 with the provisions of this subdivision, such 113 containers may be located on any portion of a 114 driveway for a maximum period of seventy-two (72) 115 hours. 116 On lots in the RT-3 and RT-4 Resort Tourist Districts on 117 which the principal use is commercial in nature, portable 118 storage containers shall be allowed in accordance with the 119 provisions of subsection (d). 120 (c) Agricultural Districts. On lots in Agricultural 121 Districts on which the principal use is a bona fide agricultural 122 activity, there shall be no restrictions upon the use of 123 portable storage containers in connection with such agricultural 124 activity, and no permit shall be required. On lots where the 5 125 principal use is other than agricultural, or where portable 126 storage containers are used for purposes other than in 127 connection with bona fide agricultural activity, the 128 requirements of Subsection (b) shall apply. 129 (d) Hotel, Office and RT-1 and RT-2 Resort Tourist 130 Districts. In Hotel, Office and RT-1 and RT-2 Resort Tourist 131 Districts, portable storage containers shall be allowed as 132 follows: 133 (1) When used in connection with bona fide 134 construction activity on the site and for an 135 additional period of twenty-four (24) hours 136 before and after such activity, portable storage 137 containers shall be allowed without limitation as 138 to the number of portable storage containers; and 139 (2) Portable storage containers shall be allowed for 140 a period not exceeding sixteen (16) days when 141 used in connection with the moving or relocation 142 of a commercial establishment located, or to be 143 located, on the site. 144 (e) Business and Industrial Districts. In Business and I- 145 1 Industrial Districts, portable storage containers shall be 146 allowed as provided in Subsection (d), and in addition thereto, 147 such containers may be allowed pursuant to a conditional use G 148 permit for bulk storage where provided by district regulations. 149 In the I-2 Industrial District, portable storage containers 150 shall be allowed in accordance with the provisions of this 151 Ordinance pertaining to bulk storage yards. 152 (f) Permits. Except as provided in Subsection (c), 153 portable storage containers in all districts shall be allowed 154 only upon issuance of a permit by the Zoning Administrator. 155 Permits shall be displayed on the outside of the container in 156 such manner as to be plainly visible from the nearest street. 157 The fee for permits shall be Fifteen Dollars ($15.00), except 158 that there shall be no fee if a portable storage container is to 159 be located on a site for no longer than seventy-two (72) hours. 160 (g) Violations; penalties. Any person who violates any of 161 the provisions of this section shall be assessed a civil penalty 162 in the amount of one hundred dollars ($100.00) for the initial 163 violation and two hundred fifty dollars ($250.00) for each 164 additional violation. The assessment of a civil penalty shall 165 not preclude the institution of a civil action by the zoning 166 administrator pursuant to section 103(a) of this ordinance, but 167 no such violation shall be prosecuted as a criminal misdemeanor. 168 Each day during which the violation is found to have existed 169 shall constitute a separate offense; provided, however, that 170 specified violations arising from the same operative set of 171 facts shall not be charged more frequently than once in any ten- 172 day period, and a series of specified violations arising from 173 the same operative set of facts shall not result in civil 174 penalties which exceed a total of five thousand dollars 175 ($5,000.00). The procedure in cases of violations shall be as 176 specified in Section 217 (b) of this ordinance. 177 COMMENT 178 The amendments establish restrictions on the usage of portable storage containers. 179 180 Subsection (a) sets forth regulations applicable in all zoning districts. Those regulations 181 restrict the number, size, location and signage of portable storage containers and require them to 182 be in good condition when in use on a lot. Subsection (a) provides, in particular, that with the 183 exceptions set forth on Lines 56-60, only one portable storage container greater than 350 cubic feet 184 in storage capacity, or two (2) containers having a lesser storage capacity, are allowed. The 18 5 exceptions set forth in Lines 56-60 allow more than one container in the following circumstances: 186 (1) in connection with construction in commercial zoning districts; (2) pursuant to a conditional use 187 permit (in which the City Council may specify the maximum number of allowed containers; and (3) 188 in the I-2 Industrial District, subject to the CZO's requirements pertaining to bulk storage yards. 189 190 Subsection (b) applies to portable storage containers in Residential and Apartment Districts 191 and on lots in the RT-3 and RT-4 Resort Tourist Districts where the principal use is residential in 192 nature. The regulations allow portable storage containers to be used for a total period of 16 days in 193 any period of 6 consecutive months, and also allow such containers for a period of up to 60 days in 194 connection with construction activity on the site. In addition, the setback and other locational 195 requirements in Subsection (a) are modified in cases in which it is not physically possible to place a 196 portable storage container in conformity with the restrictions in Subsection (a). 197 198 Subsection (c) allows portable storage containers without restriction, and without a permit, 199 when used in connection with bona fide agricultural activity in Agricultural Districts. When used 200 otherwise, the requirements pertaining to Residential Districts apply. 201 202 Subsection (d) allows portable storage containers (either 1 or 2, depending on the storage 203 capacity) to be used for relocation purposes in Hotel, Office and RT-1 and RT-2 Resort Tourist 204 Districts and an unlimited number to be used in such districts during construction activity. 205 206 Subsection (e) allows portable storage containers in Business and Industrial Districts to be 207 used for the same purposes as in Hotel, Office and RT-1 and RT-2 Districts (i.e., during 208 construction and for relocation purposes). The subsection also allows them pursuant to a 209 conditional use permit for bulk storage where allowed by district regulations (B-2 Community 210 Business and I-1 Industrial Districts). In the I-2 Industrial District, portable storage containers are 211 allowed as bulk storage, which is a permitted principal (by -right) use. 212 8 213 Subsection (f) contains requirements for permits, and establishes a fee in the amount of 214 $15.00. The fee is not required for portable storage containers to be on a site for no longer than 72 215 hours. 216 217 Subsection (f) provides that violations are to be treated as civil in nature, rather than as 218 criminal violations. Civil penalties in the amount of $100.00 for a first violation and $250.00 for 219 each subsequent violation are to be assessed in such cases, and limitations on the frequency with 220 which summonses maybe issued and on the maximum total amount of a civil penalty arising from 221 the same set of facts are provided in accordance with State law. The section also provides that civil 222 summonses may be challenged in court using the same procedure as is set forth in Section 217 of 223 the City Zoning Ordinance (pertaining to illegal signage). 224 225 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 226 VIRGINIA BEACH, VIRGINIA: 227 That this ordinance shall be effective as of March 15, 228 2005. 229 230 Adopted by the Council of the City of Virginia Beach, 231 Virginia, on the day of CA-9229 OID/ordres/portablestorageordin.doc R-13 February 1, 2005 APPROVED AS TO CONTENT: PlAnning Depart ent . 2005. APPROVED AS TO LEGAL SUFFICIE CY: City Attorney's Office 0j Item #19 City of Virginia Beach An Ordinance to amend and reordain Sections I I I and 201 of the Cit nance to define "portable storage containers" and regulate the use and cement of portable storage containers December 8, 2004 Dorothy Wood: The next one please. Joseph Strange: The next item is Item #19, City of Virginia Beach to reordain Sections 111 and 201 of the City Zoning Ordinance to define "portable storage containers" and regulate the use and placement of portable storage containers. Our first speaker before us is R.J. Nutter. R.J. Nutter: Thank you. I was expecting a presentation by staff. I apologize. I appreciate the opportunity to be before you this afternoon. I always appreciate your indulgence. I represent the Hampton Roads Self -Storage Association. We have worked long and hard with the committee and I want to thank so much Mr. Strange and Mr. Din for their hard work in getting this package to you. My association supports this package, and while there are proposed improvements, I think that could be made to it, I would ask you to look to one proposed improvement in my mind. But I think the package overall is very sound, and does what I think our industry was trying to do which is to make sure that these facilities are used for the moving business and not for the storage business. They present an eyesore to the residential areas because I believe, and just like Mr. Strange said that in essence your injecting a business in a residential area so regulations should be such that in fact, protects the neighborhood without regard to protecting my industry or their industry. I think that should be the goal of this ordinance. One provision that we would propose to change with the current ordinance provides that we can have or the container industry could have a container for a period of 16 days, twice a year or once every six months. I think we should consider putting that as once a year as opposed to once every six months. I would ask you to consider that change. Otherwise, I would tell you that the overall provisions. Some we prefer not to support but I would tell you in the spirit of compromising we're prepared to support. So, I'm also happy to tell you that you have a number of other speakers here today from civic associations who have seen the impact of these facilities, and these containers within residential areas, and I think you will be hearing from them shortly. Finally, I would like to tell you because this is a component of this and I don't want it to be missed. Ed Weeden: R.J.? R.J. Nutter: One minute? Item #19 City of Virginia Beach Page 2 Ed Weeden: 45 seconds. R.J. Nutter: 45 seconds. The reason why we have such a strong feeling about this is because my clients operate over 30 mini -storage facilities throughout the City. We pay approximately $60,000 a year in taxes on each one. We go through a Use Permit on each one. We pay thousands of dollars, millions of dollars to construct each one. None of them are in residential areas. That has been a good, good trend for the City to keep storage out of residential areas and out of harms way. We think that is the way the City should continue to hold on too. Dorothy Wood: Thanks R.J. R.J. Nutter: Thank you very much. Joseph Strange: Our next speaker is Debbie Westbrook from Homeowner & Realtors. Debbie Westbrook: Good afternoon. Debbie Westbrook. I'm a homeowner and I'm also a realtor. I'm also the President of the Belamy Civic League. I come to you because we work very hard to keep our city clean and tidy. Keeping our boats and trailers tucked away and proper storage. I work with a lot of sellers and buyers. I think the ordinance about keeping a restrictive time line on these units is a definite must. We work very hard to keep our neighborhoods cleaned up. We have a lot of tourists and visitors, homeowners, shopping. We have people selling their homes and listing and we don't want to have clutter in the neighborhoods. The old fashion way of moving, where you order the van service to come in and load your services. It works. It's fine. The PODS add an additional industry, which I think is a positive one but I think it does need to be mandated and regulated in some regard. I don't see anything more than 7 days. In working with sellers and buyers, I don't see the need of having a unit more than 7 days in front of a home. Most people organize when they're moving and selling. They box up and then they need several days to load up. I think, 7 over a weekend period, is sufficient. I do think that somebody needs to regulate the services because you always have people abusing. When the civic league was inactive for a short time a number of years ago, we had 20 some odd boats and trailers that were not being mandated behind the front line of the house in respect to the code enforcement. So, I think that someone needs to keep track of this. I'm very seriously concerned about the trashing of neighborhoods. Town homes and condos, it's a different story. We have limited parking. A lot of them have one parking place reserved, two parking placed, reserved and we have a lot of issues. Ed Weeden: Ms. Westbrook, you have about 45 seconds. Debbie Westbrook: Okay. Thank you. We have a lot of concerns about where we could put the units. I think that perhaps those types of facilities, town homes, Item #19 City of Virginia Beach Page 3 condos, would maybe need to use a different source other than the PODS the storage unit. Dorothy Wood: Would you please answer a question from Mr. Miller and Mr. Ripley? Robert Miller: Do you have a specific problem at this point or obviously your giving us information with regard that you would see future uses of them? Do you have any issues right now? Debbie Westbrook: I support the PODS usage for the neighborhoods. I think it's a great service. I do think that it needs to be regulated and mandated very strongly. Robert Miller: But you don't have an issue with a problem with one in your neighborhood? Debbie Westbrook: No. Not so ever. I think there needs to be a timeline of 7 days. Dorothy Wood: Mr. Ripley. Ronald Ripley: You still have to talk about maybe something different for a townhouse? If you have a townhouse you have one or two parking spaces in front. What would be a reasonable time for one of these PODS or portable storage units, I'm sorry, to be in front of the property? Debbie Westbrook: I would say maximum of 24 hours. It's a very difficult thing with parking. A lot of it is a hard commodity to come by. And where would one put one? So, maybe it lends itself to another type of service and not a POD, would be my suggestion. Ronald Ripley: Thank you. Dorothy Wood: Thank you very much. Debbie Westbrook: Thank you. Joseph Strange: The next speaker is Robert Moore. Robert Moore: My name Robert Moore. I'm an owner of a portable storage called Pack Rat. I'm also the owner of Two Men in a Truck. I'm very familiar with moving and storage. I believe it's mandatory or necessary for 16 days. I agree with all the provisions except the permit, Subdivision #9. Okay? Dorothy Wood: Did you see the streamline Option B Permit that was presented to us today. Item #19 City of Virginia Beach Page 4 Robert Moore: No. I have not. Dorothy Wood: Perhaps Ms. Lasley can show it to you? Robert Moore: Okay. Dorothy Wood: I think it would be a lot easier for you. Robert Moore: Okay. Dorothy Wood: Are there any questions for him? Thank you sir. Robert Moore: Okay. Great. Thank you. Joseph Strange: Our next speaker is David Reda. Dorothy Wood: Welcome Mr. Reda. David Reda: Thank you. The real strong speakers are coming up. I got called first. Dorothy Wood: Well, I'm sure you're strong too sir? David Reda: David Reda. R-E-D-A. This regulation seems to be overly restrictive in terms of where you can place these units. We'll call them PODS but there are others in the market, and that basically means that what we're left with is putting them in the driveway. Then when you go to that Paragraph #7 of the regulation, it says that we can put it on the driveway if it doesn't take up a parking space for 16 days but if it does then for 24 hours. I'd like to ask you all to reconsider that. I know the Fire Marshall has been involved in this and has spoken on the issue and has made a plan to say that he has less of a concern then perhaps Paragraph #7 would suggest. I would hope you all would reconsider this and permit one of these units to be placed on a driveway for 16 days whether or not it took up a place to park as long as that doesn't create a parking problem with a displaced vehicle. The other comment that I wanted to make is that I'm an owner of a mini -warehouse. Not locally but in South East Georgia on the ocean. We have some PODS located around us and we don't find them to be competitive. Most of the folks that come to us stay for four months minimum, usually four months to six months. If we get commercial business it tends to be longer. These PODS that are down there tend to be used on a shorter basis. They tend to anywhere from a day to a month or two months depending. Sometimes if it is a moving scenario we see they are very brief. If it is a renovation because someone wants to redo their kitchen or redo a bedroom or add an addition and they need a place to store their stuff for a few days then it might be a little longer. I think 30 days. Item #19 City of Virginia Beach Page 5 Ed Weeden: Mr. Reda you have about 45 seconds. David Reda: I think 30 days is a little too short for renovation purposes. I'd like for you all to consider 60 days. That is all that I have. Dorothy Wood: Thank you so much for coming down. David Reda: Thank you very much. Joseph Strange: Okay. Our next speaker is Demaris Yearick. Dorothy Wood: Welcome. We're happy that you came. Demaris Yearick: Thank you. I'm Demaris Yearick and I'm the President of the Virginia Beach Beautification Commission. I'm here because our organization very strongly supports adopting an ordinance to regulate the portable storage containers. We like the current proposal except we agree with Mr. Nutter that we would like to see a permit only being issued once a year. To be very brief, I think a picture is worth a thousand words. I have a picture for all of you of what we have been looking at in our neighborhood for about 5 or 6 months now, and there is no end in sight. It really has been a blight on our neighborhood. I feel like this ordinance will prevent things like this from happening. So thank you. Dorothy Wood: Thank you. Mr. Miller has a question. Robert Miller: You were going to give us a copy of the photograph. Which neighborhood and is it a portable storage unit? Demaris Yearick: It's a POD. It's in Bay Colony and it's for a home renovation. Robert Miller: You do understand that this ordinance would not disagree with that. It would still allow that to be done. Demaris Yearick: For some time. In other words, doesn't it limit it? Robert Miller: The length of the construction. Janice Anderson: No. Only 30 days. Robert Miller: Oh, 30 days. Demaris Yearick: That is what I was wondering. Robert Miller: Okay. Item #19 City of Virginia Beach Page 6 Demaris Yearick: We feel like the 30 days is excessive too but 30 days is better than a year, which is what we're looking at right now. Thank you. We appreciate your consideration. Dorothy Wood: Thank you for coming down. Joseph Strange: Our next speaker is Nancy Johnson. Nancy Johnson: Hello. Dorothy Wood: Welcome Ms. Johnson. Nancy Johnson: Thank you. Nancy Johnson from 1148 Crystal Lake Drive, Virginia Beach on behalf of Bay Colony. I'm on the civic league board as well as Chairman of our Stewardship Committee. That committee is totally concerned with the preservation of the integrity of the beauty of our neighborhood, which also includes naturally Chesapeake Bay applications and Board of Zoning Appeals applications. I receive the calls when people are concerned about an issue because supposedly I can help them direct their concerns and express their views in the city. I've had calls about portable storage units, and I'm not able to tell people anything because there have been no regulations. So, when people call with the frustration that there is a unit on our street as we had on our street for along period of time during a house renovation. There were no regulations so I couldn't say a thing. It's there. That's the way it is and there are no regulations. We support totally regulations and modest as they are of portable storage units. They serve a purpose and that is great. New technology and new ways of handling things are marvelous. But we must have some regulation and this to us, seems very modest. In our mailing in November for Christmas mailing, during the civic league, we said from the stewardship report that the city wants to have some controls over portable storage units, time limits and modest permit fees. The civic league supports the City's efforts to protect the appearance of our neighborhood. I might add that it is with great pleasure and joy that we are able to support an effort of the Planning Commission. Thank you. Dorothy Wood: Thank you so much. Nancy Johnson: And also, please do not extend the limit rather shorten the time limit. Dorothy Wood: Would you please answer any questions? I guess there are none. Thank you. Nancy Johnson: Thank you. Joseph Strange: Speaking in opposition we have Les Watson. Item #19 City of Virginia Beach Page 7 Dorothy Wood: Welcome Mr. Watson. Les Watson: Madame Chair. My name is Les Watson. I'm a local attorney and I represent the franchise holders for the PODS group here and in Southeastern Virginia. I didn't know whether to sign up as an opponent or supporter. We agree with Ms. Yearick and we support regulation of these units. There is no question about that. We believe that regulation is important. What these units do and I've said this before, what these units do is allow people to employ their own labor in order to save themselves money. If you're a working couple or a single individual and you have kids to take care of it take a while to load up your belongings if you're going to be moving. We think 16 days is an appropriate time and we would ask that you consider allowing us to place these for 16 days in an appropriate place without a permit. For any place longer than a permit for longer than 16 days we are happy to get a permit. Sixteen days is a huge percentage of our business. Most of our PODS are there for much less than 16 days. Sixteen days gives you three weekends. That is why it is an important number. And, if this ordinance and I realize this is not something that concerns you specifically but if this ordinance were enacted as it is written of the 7,080 communities in which PODS are located, this would be by far the most strengeous one. We think that Chesapeake enacted a reasonable ordinance. It was 16 days without a permit. We think you will hear from the owners of the franchise that they have had no complaints since the adoption of the Chesapeake ordinance. Ed Weeden: Mr. Waton, you have about 40 seconds. Les Watson: Thank you very much. And, I do want point out one other thing. I agree with Mr. Reda that in a construction project when you got a valid building permit almost nothing happens in less than 30 days. It takes me that long to put up a mailbox. We ask that you consider changing that limitation with a valid building permit to 60 days, and Mr. Miller, I mislead you earlier. I told you that the POD that was in front of the Operations Building had been there since the end of October. It wasn't placed there until the 15t' of November. Dorothy Wood: Are there any questions of Mr. Watson? Robert Miller: What percent of the business that you all have, I believe your client PODS. Is that right? Les Watson: Yes sir. Robert Miller: Is residential and what percent is commercial? Les Watson: I'm going to let Mr. Peterson, who is the franchise holder answer those questions because he's got those numbers exactly. Item #19 City of Virginia Beach Page 8 Dorothy Wood: Thank you. Robert Miller: Do you know how many units you currently have out in the City of Virginia Beach? Les Watson: The maximum number we've ever had out as I recall was somewhere between 125 and 150. They turnover every three weeks or so. What we do is we put them out and we either move them to another destination or we bring them into the warehouse. We're not in the "on site" residential or commercial storage. That is not what we do. Robert Miller: Sometimes, like me when you ask for something, you get it. How long has this been going on at Crystal Lake? Les Watson: That one has been there a long time. Ms. Demaris is sitting right here. I can't say that it hasn't been there for a long time. She and I live right around the corner from each other. Dorothy Wood: More than 16 days? Les Watson: It has been there. And we would be please to support an ordinance that would prevent that situation from happening. We think that 16 days without a permit, 60 days when bon a fide use in connection with a valid building permit and 24-hours on either side of that to get rid of it. The only other thing that I neglected to mention and I hope you will indulge me a second here. We support the Fire Marshall's analysis of the situation. What he told us when we sat down with him and I don't think he was quite that specific this morning. What he said was if you're five feet from the building and you're ten feet from the pavement and you don't force a car into an illegal parking space I don't have a problem with it. The number of days was not particularly relevant to him. He said the risk factors are so incontestimal if you don't block the doors, and if you don't come any closer than 10 feet to the pavement, there really wasn't an issue. He talked to you about the width of the streets generally. I think you will probably hear more about that. He didn't have a problem with 16 days even if you took a required parking space so long as the car you were supplanting was not moved to an illegal spot. Dorothy Wood: Les, did you see Karen's new streamline for issuing permits? Les Watson: I did. We really don't like permits. Dorothy Wood: I know that. Les Watson: It is a wreck for us because we do all the billing out of Florida. That means they have to keep different records for Virginia Beach then they do for everyplace else in the whole country. We understand that we're competition for Item #19 City of Virginia Beach Page 9 existing people but we don't think that. We are happy. We are delighted to notify you every time we place a POD. We'll fax you the notice of the location, the address, the placement on the property, and the fact that we have alerted the customer to all the placement and storage requirements. We'll be delighted to do that. Dorothy Wood: That's a cost I believe. Les Watson: It costs us more money. We don't like that. To be perfectly honest, but it is a billing nightmare for us, which is an issue well beyond the actual cost of the POD. Dorothy Wood: Thank you. Are there any other questions for him? Mr. Horsley. Donald Horsley: In situations like this, if the limit was 30 days, what are these people storing in here? If you're renovating, are they taking things out of their homes and put it in storage until they get their homes renovated? Why don't they move it to the facility? Les Watson: Because the workmen are in and out of there everyday. Instead of taking stuff back and forth to a warehouse and putting it on the street twice a day, they're storing it on site. Donald Horsley: You said they're storing construction materials in these? Les Watson: I believe. I don't know for sure but I believe it. Donald Horsley: I thought it was household goods they were taking out of the house while the renovations were doing. That is what I thought they were using it for. Les Watson: I am not sure but I know that there is a major renovation of that house going on. The owner started renovating, I believe before he moved in. I believe its construction stuff. It's a huge renovation of a waterfront home that has been going on for a long time. That would not be permitted under the ordinance as we suggested it. Dorothy Wood: Would you please answer Mr. Waller's question? Les Watson: Yes sir. John Waller: I have a problem with, I guess, the time that they're there. I think it is too much time. I think if we did get one in place there is nothing that would prevent someone from abusing the structures. You can make them out of plywood, unpainted, put on a label and leave them in there for Lord knows how long. And it would be an eyesore and a blight on the community. There is nothing to prevent Item #19 City of Virginia Beach Page 10 - anyone from coming in and putting out any kind of structure or any container. They could do anything. In fact, there are companies out there now that are doing just that. Les Watson: You're right. You know Mr. Waller, right now I can build a 150 square foot storage shed, ugly as a mud fence on my property if I stay five feet away from the side or rear property line. PODS would have to be ten feet away from the property line, which makes it impossible except in R-40 zoning for us to use them there, but I can do that today. I could build an awful looking shed. John Waller: You can't do it in the front yard. Les Watson: I can't do it in the front yard. That is correct. But, because of the ten - foot restrictions that you put on the other three sides, I have no place else to put it. John Waller: Well, it's just a question and they're going to be a blight. I don't care if it's your building or a plywood building or whatever. If it is sitting in the front yard somebody is going to abuse it. And it is going to be a mess. I would think that one way to slow it down a little bit is to give them a particular time limit. Sixteen days, I think is to long. Seven days is a max that I would suggest. Somebody could put that stuff down, load it up and be gone just like they used to do with the trailers or trucks. They weren't any big problem. I think it's a big problem to put these things throughout the neighborhood. It is. You're going to have a lot more complaints than you heard today. Les Watson: As I say, I think Mr. Peterson will tell you as recently as this morning he spoke with Mr. LeChance, who is the gentleman in Chesapeake who is specifically in charge of enforcing Chesapeake's regulations. I think Mr. Peterson will tell you that as of this morning Mr. LeChance said they had no complaints since the ordinance had been adopted. I think that is pretty telling. Mr. Peterson will tell you that. I do want to take one more minute for the purpose of thanking Mr. Strange and Mr. Din, particularly Mr. Macali, and Ms. Lasley. They have been extraordinary generous with their time, more then we would have had any right to expect they would be and we appreciate it. Dorothy Wood: We have been talking about PODS. Les Watson: Yes we have. Haven't we? It brings us right up to date. Dorothy Wood: Always happy to have you with us. Les Watson: I'm always pleased to be here. Thank you. Joseph Strange: Okay. Our next speaker is Rob Peterson from PODS. Item #19 City of Virginia Beach Page 11 Rob Peterson: Good afternoon ladies and gentlemen of the Planning Commission. Madame Chair, my name is Rob Peterson. I'm from PODS, Portable on Demand Storage. I would first like to start by saying that we should differentiate between the two kinds of customers that we service. First, one being the customer that uses us for under a 16 day time period. Those are the people that are the bulk of our customers, 90 percent of them are moving and they fall into the category of the usage of 16 days. What we would like to do for the first 16 days is supply you with a report that could be generated on a daily basis by my company or any other company that delivers portable storage containers. Everybody is favorable to that. After the 16-day time period, now you're looking at the people that are getting into construction renovations, things of that nature. At that point, they should be able to apply for a permit and if they can justify and legitimize the use of a construction project they should be allowed to have the POD for what I'm asking for is 60 days. This ordinance was born out of complaints. It is my understanding of it. And what I did over the last couple of days, my self and some of my emplo9yees went out into the neighborhoods. We asked some questions. I'm not going to say what those questions were because you're reading them. What it is and it is what we propose. We asked, not our customers, but we asked the people who lived across the street, down the block, anybody who could see the POD, we asked them if there were something put in place, would you be satisfied with a POD in your neighborhood? They said yes. Most people had no problem with a POD. The only people that may have said something about it was there was a lack of legislation right now. That is why we have people that are down here from the civic associations that are saying there are PODS out there for six months, four months. I'm not going to dispute that. There are a handful of them that are out there for that length of time. Due to the lack of legislation, and my hats off to Karen Lasley for having to answer to these questions all the time. Ed Weeden: You have about 45 seconds. Rob Peterson: Thank you. One of my customers brought to my attention that they were told by the city they could have a POD for 6 months. That is not what we're looking to do. That is fuel in the fire. That is telling people the wrong information and that is not what we're looking to do. We want to give the public what they want. I think you want to give the public what they want. I looked into my Chesapeake ordinance and the people that are taking PODS in the City of Chesapeake, the residents they are near 100 percent compliance. There are no PODS that are out there beyond the 90-day maximum period. The people are calling. They are reporting their deliveries. They're asking for permits. They're getting permits or they're being denied the permit but they're in near compliance. I think that is a major issue that we need to consider here. I think you want to be a little more strict and I can appreciate that. What we propose is 16 days without a permit, and after that a permit up to 60 days for construction purposes only. Ed Weeden: Mr. Peterson, your time is up. Item #19 City of Virginia Beach Page 12 Rob Peterson: I thank you very much. I'll answer any questions. Dorothy Wood: Rob, did you see the new streamline permit that Karen has so graciously came up to help you? Rob Peterson: Yes I did. Once again, like Les said, we're against permits. Dorothy Wood: I know you are, but I just wanted to make sure that you saw them. Rob Peterson: I took a quick look at it to tell you the truth. Dorothy Wood: Mr. Miller. I'm sorry, first Ms. Anderson. Janice Anderson: With regards to the 16 & 30 days. If someone rents a POD from you do they rent it for a specific amount of time so when it leaves your facility you know that you're going to pick it up within the 16 day period or when it leaves you know you're going to pick it up within 30 days? Rob Peterson: No. Not always. Most people will book their first move if they know where they're going. Let's say they have a closing on a house and they know those dates, they will schedule it accordingly. Sometimes they're closings get delayed. Sometimes it is in storage for a little longer then they anticipate. No. They sometimes they will only book their first move. Sometimes they book all four moves or three moves. Whatever the case may be. It's their choice whether they're going to bring it in to the warehouse or if they're going to keep it out there on site. What this regulation is asking them to do is get packed up in a 16 daytime period which the percentage of the people are well under already. They're well under the 16 days on an average basis. I hope I answered your question. Janice Anderson: Let's say you bring a POD to my house. How do you know that I'm going to have it done in 16 days? Rob Peterson: I don't. I don't know you're going to have it done in 16 days. But, historically, when I go back and review the records that I'm telling you that the people that are using the POD, the 90 percent of the people that are using are using it for moving and storage. They don't want it in their driveway for any longer than you want to look at it. They want to get done. They want to get packed up and they want to get on with their lives. Janice Anderson: Then how can we do the 16 days but permit the 30 days when we don't know what the people are going to be use it? Rob Peterson: Good question. In Chesapeake, when a customer calls and gives the zip code because everything is based on zip codes in the city where they're moving Item #19 City of Virginia Beach Page 13 to, the first thing the call rep is going to see when the zip code is put into the system is a regulation of the city. The city like in Chesapeake's regulation will tell them even before they even book their POD, because they may decide not too if they don't want to comply with the ordinance. They'll tell them that they have 16 days to use the POD for moving purposes only. After that if you're going to keep it longer you need to get a permit from the city. Do you still want to book your POD? That is what they're asked. So they are told right off the bat. Like I said, Chesapeake has near 100 percent compliance right now. We're very impressed with that. I'm constantly in contact with the people in zoning over there. Janice Anderson: With regard to like your proposal of 30 days if they were going to go pass the 16 that a permit would be issued then, you're proposing that your company would help issue those permits? Rob Peterson: If you wanted us too? Janice Anderson: The streamline proposal that they would be purchased by you, a head of time and you actually issue them from there. Rob Peterson: If you wanted us to we could help with that. Sure. After the 16 days. Yes. Janice Anderson: Thank you. Rob Peterson: You're welcome. Dorothy Wood: Mr. Miller and then Mr. Waller. Robert Miller: Rob, what is the percentage of your business is residential and what percentage is commercial? Rob Peterson: I would have to say that 95 percent of our business is residential. Robert Miller: Alright. When you do a commercial delivery is that on the same purposes and basis that someone and I don't understand that is a commercial entity moving. What's going on there? Rob Peterson: Sometimes commercial entities are moving, which we're allowed to do according to this ordinance. What we're not allowed to do according to this ordinance is a store like UPS can't use us for seasonal packages when they have too many. The larger part of the business that uses us would be like a restoration company that may give a POD to their residents where they're going to do some repairs to the home. Robert Miller: Something like this? Storing materials for the construction. Item #19 City of Virginia Beach Page 14 Rob Peterson: I wouldn't say for the construction. It's for the damaged home. The person still wants to live in the home so they will unload the contents of the home. Then the work can be done and they could still live in the home. Sometimes they do it one room at a time. Robert Miller: Ron just handed me this. It's the information that you all put out. It says that the costs of your units are based on a monthly rental. Rob Peterson: That's correct. Robert Miller: Obviously it is to your advantage for someone to call you at the 15a' of the month and say come pick it up and then you move your business on to the next rental. Would you modify this to be per 16 days? Is that how that would be done? Rob Peterson: We wouldn't do that. No. There are a lot of reasons why we've elected to go with a monthly. If were on a pro -rated basis we would be up against the same situation that U-haul and Ryder on are where everybody wants to get the most bang for their buck. We're going to be looking at delivering numerous PODS at the end of the month. Not being able to service a lot of people. It has also been shown that most of the people wants the convenience of that time to have that little extra time to give them the benefit of packing and not having to lose time off from work so they could pack one room at a time. They might want to paint the house before they complete their move, things of that nature. People have been very happy with the fact that we charge them. They're paying a monthly fee. After the first month if they go into additional time then they can get pro -rated for that second month. Robert Miller: Maybe I'm not understanding you. You're saying you're agreeable with the ordinance that would say 16 days. If I'm going to come to you and say that I'm going to rent this unit from you, you're going to tell me that.I can only have it for 16 days but your rent rate is going to say per month. Rob Peterson: Okay. I'm sorry. 16 days we're in agreement with it because normally somebody is moving from one home to another. So they could have it for 16 days at one home, 16 days at another home or 16 & 14 or up to sixteen. Many people are not using it. They're using it to move from one home to another or they may use it for one home to pack it up, put it in the warehouse and then their going to bring it back to another home a month or so later. Robert Miller: I'm still not sure or really clear on this. We'll just go on. When you go and the other question that I'm looking to in my mind is this 24 hours in a townhouse at some point. How do you differentiate between apartment, townhouses, and residence, and it would seem like to, it is a monthly rental. It Item #19 City of Virginia Beach Page 15 doesn't make any difference. Is there a reality check to what's going on there as to whether or not you can actually position this POD in one of those units in a parking place or an apartment or a commercial? Rob Peterson: Absolutely. My drivers are trained and they are told that nothing is suppose to stick out into the street. It has to be off the sidewalk. It's got to be safe. If we can't make it safe for you, we're not putting down. We've denied already the fact that we're not going to put them on the street. We have had some conditions where the city actually issued them a permit to put it on the street. We don't want to do that. 24 hours for us is impossible. We can't work with a 24-hour period. We wouldn't be able to service those people. It is virtually impossible especially if you're looking at somebody perhaps moving from out of state. Let's say they're moving from Florida. They're moving into a townhouse and they have two PODS. They get one delivered. It's the weekend. We may not be able to pick it up because our schedule is so congested and we can't get it until Monday. Then they need their second POD. They're out of time on the first one. They can't even move in. Robert Miller: It seems like when you were talking a moment ago about and I thought you were talking about renovations. You were talking about a situation where more of a Florida issue and so forth. I think we're almost trying to cover to many pieces in this ordinance. Do you understand what I'm saying? If someone is doing a renovation of a house you're saying 60 days is adequate. Rob Peterson: Yes. Robert Miller: Our ordinance is saying 30 days. So, whatever this renovation is and I've had a house, which we renovated and I can't even imagine that is close to the right amount of time. Without disrespect, I just don't see how that functionally works to move either parts of the house, whether it be furniture and so forth, totaling out or storing construction materials unless it would be something that would be really quick. Are you also kind of expanding into the other pieces of your business? After a storm or something like that I think there would be an emergency. I would certainly be in favor of and whole Council would be in favor of having some kind of emergency ordinance that would allow for a lot of flexibility and things like that which would allow for our census to be able to maneuver. For a renovation or a construction project, 60 days doesn't really make much sense to me either. It almost seems like I'll got get 60 days and then I'll come back and get a permit. When I build a house it took over six months. When you renovate a house, you're talking every bit of that 5 or 6 months depending on the conditions and what you're trying to do. Is there a reality to this? Is this something that we're just joking about this? Rob Peterson: Not at all. I would certainly like to have more time to reach more people to make the service valuable to them. We're agreeing to knocking it down to 60 days? Item #19 City of Virginia Beach Page 16 Robert Miller: You're actually going to pick this up in 60 days and pick up these people's furniture and household goods and their construction materials and take it back to your warehouse? It almost seems like were not honestly dealing with this. Rob Peterson: Well, I think you're talking about a police issue now. Once the time expires. I'm missing your point. Robert Miller: You're obligated. Rob Peterson: I'm obligated to go pick it up. Planning is going to call and there has been a complaint on this and you need to get that POD. I'm going to call the customer, which I have done and you need to secure your items inside that POD because we're coming to get it because the city told us too. I hope I answered your question sir. Dorothy Wood: You said Rob that most people use it for and I think you told Mr. Crabtree last month for two days or five days. Anyways, you said that most people use it for moving on a short period of time. From what I understand from what Mr. Miller just said are they still paying for the month? ya Rob Peterson: Yes. Dorothy Wood: That is going to make them want to keep it more because you're paying for a month. Rob Peterson: But don't misunderstand. Most of the time there is a lapse from point "A" to point `B". They're going to live their mom for a little while the house is being built. Dorothy Wood: They're paying for the month. Rob Peterson: If we had a situation like that and the customer didn't want to pay they wouldn't use us. Dorothy Wood: So then you might as well go on with a permit if your charging them for a month then it is going to be a month. Rob Peterson: No. I'm sorry. We're looking for up to 16 days. We're looking to cover the point from one day to sixteen days without a permit because most people are completing the first leg, if you will of that move within 16 days. Dorothy Wood: But they're paying for a month. So you're taking it up to their house for one month? Item #19 City of Virginia Beach Page 17 Rob Peterson: No. I'm taking it to them for the time they need to pack it and then I'm going to pick it up. Dorothy Wood: They're paying for the month. Rob Peterson: Bring it to another location, which will conclude the month or it will come into the warehouse for additional time. Dorothy Wood: One more question. You said things like this are for household items and the last people said it was for construction items. This is why they have to stay so long. We really need to know if this is for household items or constructions items? Rob Peterson: It's for predominately household items. Dorothy Wood: Okay. Thank you. Are there any other questions? Mr. Strange. Joseph Strange: I think I'm going to help clear up something here. When you say 30 days what that means is that you would take this out to somebody's home. They would load it up but you would still take it out to your storage place and keep it for another 21 days for that month. Rob Peterson: If they wanted us too. Joseph Strange: If they wanted you too. Right. In other words, they would still if you left it in the driveway for 7 days or 16 days and then you took it out to your storage place and kept it out there for the remainder of the 30 days, they're still only paying you for 30 days. Rob Peterson: That's correct. Joseph Strange: I just want to clear that up is how the 30 days come in. The 30 days is just because you don't put it in the driveway it doesn't mean they have to leave it in the driveway for 30 days. Rob Peterson: I'm sorry. Yes. Absolutely. Joseph Strange: I think there was a little confusion. Rob Peterson: There was a little confusion. I apologize. Joseph Strange: The next thing is if a person was doing some renovation at that point you're saying that this is primarily used to store furniture. Is that what I'm hearing you saying? Item #19 City of Virginia Beach Page 18 Rob Peterson: Yes. When they're doing a renovation usually they are emptying the contents of the room or rooms. They're renovating. They put the contents into the POD. They do the renovation. They put the things back into their house. They want their things close by. Sometimes they don't want to haul it off to another mini - storage unit because it may get damaged in transport. It takes some additional time to get a truck, bring it over there, make multiple trips, and things of that nature. Joseph Strange: The fact is if they were going to store their products in it or something, they could store it in the unit. You could pick it up, take it your storage place and it could sit there until they finished the renovation and then you would bring it back. Rob Peterson: Yes. That is correct. Joseph Strange: I wanted to make sure that it was kind of plain. Personally, I see a difference between someone just using this unit to move, which is one way to use it. The second way of using it is for renovations, which usually in a renovation situation you have an established neighborhood where you have people.living in the neighborhood. The sight of the neighborhood is important. The purpose of renovating of a home it doesn't usually create a situation in the neighborhood as opposed to someone with new construction. I'm making all these points because I think there are three different situations that you're dealing with here whereas, again, if a person is going to build a new home in the neighborhood, it is going to take six months to build it, there maybe a POD unit sitting there during that construction time would not be that unsightly because its unsightly anyhow because he's bu9lding a house. You have frames up there. I mean it's kind of an unsightly situation until the home is built. So, the way I see it you're looking at three different entirely situations where these PODS could be used and each one is a little bit different. Maybe each one of them needs a little bit different regulation. Rob Peterson: Yeah. You're adding something like that into it. Sure. If you were going to do a building project and you wanted it to be longer and you wanted it to differentiate between the other two. It's a multi faceted business. There are a lot of uses that you could do with a POD. It certainly is beneficial to the neighborhood. I'd like to look at it if my neighbor had a POD and he was doing some kind of renovation on his home and he needed it and it was going to help his process to get his house completed in a faster period of time, I'd be happy to see the before picture of that house and the after of that house knowing that POD was part of that completion and it got done in a nicer period of time for the customer. This is essentially has become part of a building project from time to time. It's not a big part of the company. It's not a big part of the clientele that we service but they certainly are involved time to time. Dorothy Wood: Mr. Waller has a question for you. Item #19 City of Virginia Beach Page 19 Rob Peterson: Yes sir. John Waller: Apparently you got your act pretty much together and you've done enough of it to where everything goes pretty smoothly. This is more less britton around like you can do or what you're company can do. It's the guy that comes in out of the dark and builds a little shed and leaves it there and he's not aware of anything except that he can put this container out in front of his house for however long he wants it to be there without a permit. This is my concern. Whether it's your POD or someone else's, it's going to be a problem that the communities are going to have face up with. They're not going to have a whole lot of problem with your product but they're going to have a big problem with some of these other stuff that's coming up. That is why I'm opposing any length of time at all for them to do that. Rob Peterson: I can understand your concern. But, again, I think it's not always our opinions. It's what the public wants and needs. The public is okay with having a POD. Sixteen days is not forever. Sixteen days is doable for moving and storage. Let them have 16 days. I did the survey that is being passed around. I have over 200 signatures of the neighbors of the people that are using PODS. They're saying yes, lets regulate it. Let's make it fair. Give them 16 days. I put in there up 60. These people said okay. If they're doing a renovation project they're going to make their home look nicer, I'm for it but make sure it goes away in 60 days. John Waller: You've had yours there for 16 days and if it wanted to stay longer you got to get a permit. Right? Rob Peterson: The City would have to approve the permit. John Waller: They can say, hey, a guy wants to bring a box the same size as yours but it's made out of paint and plywood and plop it down there. Rob Peterson: I think one thing would stop them from doing it is the cost of starting up a business like that. We're talking trucks and personnel. Not to make it financially worth it to you. The other thing is in the ordinance itself it does say you need to keep your units in a clean fashion, painted, free of rusted paint and things of that nature. You have to do it or you're not in compliance. The expenses to run this business are astronomical. To think that you would want to put one or two boxes out there and think you'll make a living at it. I don't see where that would happen. Trucks, labor, insurance, warehousing. You have to put your boxes somewhere if it's not going to be used. You have to put it somewhere. To put a few pieces of plywood together, I wouldn't rent them. I don't think you would rent them. I wouldn't want my valuables in there either. John Waller: You can build it yourself and do it. Get whoever was doing your renovation and he could build it. Item #19 City of Virginia Beach Page 20 Rob Peterson: I guess that could be possible. John Waller: Go get a permit and put in a box there. Dorothy Wood: Mr. Crabtree has a question I believe. Eugene Crabtree: I'm speaking strictly of moving purposes. No construction, none of that. I understand that you don't prorate your rates. If I did something and I load it in three days and I ask you to come pick it up and move it ten miles across town and sit down and unload it in 10 days, I'm still going to pay a month's fee. Is that correct? Rob Peterson: That is correct. Eugene Crabtree: That means that anyone who ventures in is going to pay a month's fee whether or not he keeps it two days or whether he keeps it 30 days, and you don't prorate it. Rob Peterson: That's correct. Eugene Crabtree: Does your competitors prorate? Rob Peterson: I do not know. Eugene Crabtree: Because were talking about people other than just yourself. Rob Peterson: I can't answer that. Eugene Crabtree: Okay. What percentage of your customers keep those things, and keep their materials in there for 30 days? Lets say over 20 days even. How many people that rent them from you to move their household effects within the city, within this Tidewater area keep them more than 20 days? Rob Peterson: In front of their home? Eugene Crabtree: No. I'm not talking about on ground time. If we limit it to ground time even 24-hours, once they put their material in there and you pick it up, how long does that material stay in there before they take it back out no matter where it goes? Rob Peterson: I'm not really following your question. 20 days, 16 days, 15 days. Eugene Crabtree: You come to my home and sat it down and I load it in 48 hours. You come back and pick it up and I want you to move it from here to Chesapeake. Item #19 City of Virginia Beach Page 21 Okay. You take it from here to Chesapeake and I unload it. On an average, how many days does that take? Rob Peterson: People could? Eugene Crabtree: I'm not saying what people do. Rob Peterson: How many people do that? Eugene Crabtree: How many people keep your units for 30 days within this area? Rob Peterson: I would say and I'd be pretty close to being realistic probably 30 percent turn it over in a month. Eugene Crabtree: So you're making a 70 percent monthly profit on these people. Rob Peterson: That means they're using it in a 30-day period. You're asking me 20 days. I would have to do some research. Eugene Crabtree: I thought when we were talking about the time before and when we talked about 24 hours, 48 hours, 72 hours, as it stood on the ground in front of somebody's property, I thought it stayed there and you picked it up and moved it to another property, and they only kept if for another 72.hours, that you prorated it and that is all that you charged them. Rob Peterson: No, we don't do that. Eugene Crabtree: You charged them for a month. As long as they have to pay for it they might was well keep them for a month. Rob Peterson: Not necessarily. People want it off their property. It is still financially worth it to them to use our service and get it done, rather then the aggravation of what my competitors are offering to rent a truck. They don't want to do it. They want a POD. They want it done. Sometimes they do it in a week. Dorothy Wood: Thank you Rob. Do you have any more questions Gene? Eugene Crabtree: No. That's it. Rob Peterson: Thank you for hearing me. Joseph Strange: Our next speaker is Timothy Roethel. Timothy Roethel: Good afternoon Madame Chair, ladies and gentlemen of the Planning Commission. Item #19 City of Virginia Beach Page 22 Dorothy Wood: State your name please. Timothy Roethel: My name is Timothy Roethel. I work at PODS. First of all I would like to say that I appreciate all the hard work of Karen Lasley and the recommendations of the Planning Commission. I'm here to ask those of the Planning Commission to reconsider some of the recommendations being made in this ordinance. First off, the 24-hour restriction, I think that is overly restrictive for those that are in condominium housing. I think if they're required to have two parking spaces and if a portable storage unit only takes up one of those parking spaces, that leaves one parking space for their car. That is more than enough parking that they should be able to move in an adequate amount of time. As far as the permit for 16 days, no permit is what we're asking for up to 16 days. The purpose, and the reasoning behind that is if somebody is moving that would give them 16 days, on one property to load the unit. They have up to 16 days to load it. They don't have to use those 16 days. So say for example, they only use 7 days on that one piece of property. Then we go to that property and we pick up the unit up and we move it to the next property. It's on the next property. They unload it in a period of 7 days. So, they have only used it for a total of 14 days, and then we pick the unit up empty. They may have only used it for a period of 14 days but it is still more cost effective to them to use our unit then it is to use another moving. I tried to clarify that. Again, I thank you for taking all the time you have to clarify some of these issues. If anyone has any questions? Dorothy Wood: Thank you so much. Timothy Roethel: Thank you. Joseph Strange: Our next speaker is Don Bilbo. Dorothy Wood: Welcome. Don Bilbo: Good afternoon. My name is Don Biblo and the name of my company is Don Bilbo Building Contractor. Part of my interest of being here, in addition to fair play, is that I've built several warehouses for the PODS people. And, there are more PODS in their warehouses then there are at the people's houses. These are humidity controlled warehouses and they bring them back and store them. There is one on the drawing board for Virginia Beach. I would say I worked with the PODS people in Chesapeake, where I'm a little bit more familiar is that there is an ordinance out there that is not quite as restrictive. I think you can get a comfort level to the citizens so that these things are used properly. Nobody wants to see a messy neighborhood or stuff like that. This gentleman keeps asking about building a shed. You need a building permit for that. I would also say that on a construction job, I can take everything on a construction job and put it in front of a house, and put a tarp over it. Now what's the better solution to have the stuff in a POD or have Item #19 City of Virginia Beach Page 23 junk all over the place? A POD is a very valuable tool for a contractor. Many commercial contracts require that you keep building material in a dry place with mold problems and stuff like that. I did a soft count on your municipal campus here. There are over 35 units that have been there more than 30 days on this campus that I can tell you that the contractors could not be doing the projects they are doing the jobs without using a valuable tool like this. Ed Weeden: Mr. Bilbo, you have 45 seconds. Don Bilbo: I think that a residential contractor should be able to use the valuable tool. I am disappointed as a businessman that one business has instigated this to stem competition. I watched planning a lot in my city. I had never seen this done before. Thank you. Dorothy Wood: Thank you sir. Are there any questions? Bill Macali: Madame Chair to clarify something. Dorothy Wood: I wish you would sir. Bill Macali: Under no circumstances was this ordinance instigated by any competitors. It was driven by the staff. Dorothy Wood: Thank you Mr. Macali. I appreciate it. Robert Miller: You said on the campus of the city complex here there were how many? Don Bilbo: There are over 35 on a soft count. Robert Miller: 35 what? Don Bilbo: Containers. They are not PODS containers but they are containers that this ordinance would cover. Robert Miller: They are? Don Bilbo: Yes sir. Robert Miller: These are not CONEX boxes. Don Bilbo: They are CONEX boxes. A CONEX box is cut. Several of the PODS competitors do not have the fiberglass boxes. They have CONEX boxes. Okay. The CONEX boxes there are over 35 CONEX on this campus. Robert Miller: But no PODS? Item #19 City of Virginia Beach Page 24 Don Bilbo: I believe there is one POD out here. I'll also mention that the city has used some of the units for storage also because they're doing renovations. Thank you. Robert Miller: Thank you. Joseph Strange: The next speaker is John Coor. Dorothy Wood: Mr. Coor. John Coor: My name is John Coor. I'm a recent owner of new franchise called Smart Box, which is smaller than a POD unit. We're based out of Richmond, Virginia. I want to address a couple of things that have come up in conversations today. My boxes are little different. They're not quite as big as PODS. They are 8 feet long. They are 5 feet wide and 7 '/2 feet tall, which is a fairly standard size in the moving industry. That size box has been used a lot. A lot of its benefits is that it is small. It attracts and it is useable in a smaller setting, apartments, condominiums. Part of the allure of coming down in this neck of the woods from Richmond was the fact that you have all these high rise buildings and apartment buildings that are here. I'm not saying because PODS has done an excellent job. They have educated the public on how to use these things. They are here in a public forum to help with this process and some regulation. But also the reason why I got involved in this business what that it addresses 50 percent completely more of the market then is already being addressed. Down here, lets face it, you all build to build. I've never seen anything like it. I don't know how to explain it. For me it reminds me of having a northern Virginia thing and you are going to have these issues with moving and storage. They are only going to get bigger. The way I see it. I really think there is a need for this. Our boxes are smaller and so far that are business has gone a lot into townhouses and into apartment complexes. We've also found that very quickly after they fill them they want us to have it back in our storage bin, very quickly. We've leased a 44,000 square foot facility in Virginia Beach. Yes. We have quite an investment in this, trucks and trailers. We have a moffett. If you don't know what a moffett is, it's a really cool forklift that puts these boxes exactly where you want them. The reason why this is important is because our customers could want them behind their house. My case and the reason why I'm even in this business was I own a couple of apartments in Richmond. Ed Weeden: Mr. Coor, you have about 45 seconds. John Coor: Thank you. There was a smart box behind one of my apartment buildings. One thing that I also want to address about this and your idea of the permit, 16 days is more than adequate. I feel that is great. But a fee would affect a lot of the people that we're trying to help. That would bump our cost significantly to somebody who we think is our biggest customers, which are your military base Item #19 City of Virginia Beach Page 25 and people who have smaller homes, townhouses and condominiums. That is why that would be excessive and a burden on our customers. Do you have any questions? Dorothy Wood: Mr. Ripley. Ronald Ripley: Do you charge a monthly charge for the whole month? John Coor: Yes sir we do. And we found, quite frankly that some people do use it for 27 days. Some people use it for 14 days. Correct. Is that an issue? U-haul doesn't do that. We'll use them as some sort of comparison. Yes. They make you confine it into a 3-day period of time or you pay more. Well, you could have this industry decide to go that route but we think would be and I'll use the term "usury" laws. It may affect that. An appropriate time and an effective structure is 30 days especially in the moving industry when you do need a time lag your move from here and your move from there. We, quite frankly would like to have these boxes in our warehouse. That is what we bought if for. That is what we're equipped for. That is what we had worked with the ordinances for fair warehouse to do such. We think it's actually a better situation for the community because instead of it being someplace else exposed it will be in our warehouse. Dorothy Wood: Thank you. John Coor: Thank you. Dorothy Wood: Mr. Horsley. John Coor: How long does it usually take people to get these loaded up and then picked back up? John Coor: Our experience here so far has been fairly quickly. I'm going to say this so far 6-9 days. Sixteen days is obviously is probably more relevant for people given them a three weekend period of time, which I think is wonderful. You're also talking about permits. If you're talking about permits then you have to have somebody to police it. It seems, like to me that is what we would try not to be doing. That we all have an accordance or an issue that we all want to follow. Dorothy Wood: Thank you. He just asked a question. Are there any other questions? Mr. Crabtree and then Mr. Strange. Eugene Crabtree: You feel like 72 hours on the ground for moving purposes on the weekend is adequate. John Coor: No sir. I do not. Item #19 City of Virginia Beach Page 26 Dorothy Wood: Thank you sir. John Coor: Can I express why? Dorothy Wood: Yes, but just that. John Coor: People down here have different timetables.. The work schedule and I notice the traffic down here is incredible at night and people work on shifts and off shifts. I think that would be a burden on the consumer. Dorothy Wood: Mr. Strange has a question. Joseph Strange: I'll reserve my question. Dorothy Wood: Mr. Knight. Barry Knight: If a customer calls up and they tell you that they would like one of your boxes delivered, first of all two parts, and they want it delivered, what would be the total cost, if you're on a monthly basis plus delivery, plus taxes. Just roughly. John Coor: My boxes are smaller than PODS. They are 8'x 5'. They're 40 square feet. If you rent one or five from me, my delivery charge is the same. It's $49.00. It doesn't matter how many you get. One of things and we found and we're talking about weather because we have experience. We had Gaston in our neck of the woods and it was a major disruption to people who would never thought they needed self -storage. Dorothy Wood: He just asked about fees. Barry Knight: I just wanted to know delivery fee and what were your monthly fees? John Coor: $60.00. $49.00 for delivery whether it's one or five. Barry Knight: $49.00 & $60.00. John Coor: Yes sir. Barry Knight: And then if you stored it and then you brought it back to the people. John Coor: We charge $49.00 each time we deliver it to you. Barry Knight: Okay. John Coor: So when it goes back into the warehouse it doesn't cost any money. We Item #19 City of Virginia Beach Page 27 deliver it and when they said to come pick it up, four days later or 6 days later, we come pick it up and take it to our warehouse. Kathy Katsias: Delivered back is another $49.00? John Coor: Delivered back is another $49.00. Joseph Strange: Is the storage in the warehouse considered part of that 30 days at no extra charge? John Coor: No sir. Dorothy Wood: No extra charge? John Coor: Correct. Barry Knight: I'm just trying to get a feel for these $15.00 permit fee. John Coor: Can I address that? Dorothy Wood: No. Barry Knight: From what I understand it is ten percent and you said by policing you have to charge to police this thing. We can give all city services out just for taxes but I'm just trying to get a percentage of what $15.00 is and far as the accounting procedures you are going to have someone on site do accounting anyways. I don't bother with that too much. I just want to clarify the $15.00, a big portion of the fee. John Coor: But it is. Dorothy Wood: Okay. Thank you. Did he answer the question? Barry Knight: I made my statement and in my mind it isn't that large. Enough said. Dorothy Wood: Thank you sir. John Coor: Is there anything else? Thank you for your time. Joseph Strange: Our next speaker is Rad Bareford. Rad Bareford: My name is Rad Bareford and I'm with Smart Buys. How are you all? Thank you for giving me an opportunity to speak. Ed Weeden: Speak into the mic. Item #19 City of Virginia Beach Page 28 Rad Bareford: My name is Rad Bareford. I'm with Smart Buys. Mr. Waller good to see you again. Twenty five percent of monthly storage would be the cost of levy of a tax such as that on us. Since October 2004, Smart Box has put a million dollars into the Virginia Beach economy. We have 44,000 square foot warehouse in the Diamond Springs Industrial Park. We are planning on spending another $500,000 in the next four months, all in Virginia Beach. We own the rights from North Carolina to Williamsburg. We got to expand in the next 4 or 5 months with multiple warehouses. The market will define what are cost structure is. Twenty- five percent additional levy or tax or government burden on the customer imposed by this panel is not reasonable in my opinion. We worked with Toys for Tots and we do a lot of volunteer box replacements and I don't know if permits would be needed for those. Because this is such a transient community, people are going to be moving. They are either going to rent a U-haul and load the U-haul and move it or we can have our professional drivers show up, drop a box off, come pick the box up and store it. Right now, our price structure is set. There is a fixed delivery point. There is a 30-day storage and redelivery charge. Sixteen days would be wonderful time frame for us to work in because are boxes are not set up to withstand long term exposure to the weather. It is simple enough. Twenty -fours in a town home would be tough in my opinion. Again, to me it strikes me as basic economics. I did the research in October on the self -storage industry in Hampton Roads. They are running at 93 percent capacity, when supply seeks demand, prices go up. It would be wonderful to be in the self -storage industry in Hampton Roads with 93 percent occupancy. Its unbelievable and I think it is wonderful. But, our prices are still less than fixed self -storage so long as were not with any unreasonable additional 25 percent burdens. Dorothy Wood: Thank you. Rad Bareford: You're welcome. Thank you all. Dorothy Wood: Would you please answer Mr. Miller's question? Robert Miller: How many boxes do you have? Rad Bareford: Right now we have 289. Robert Miller: Are all of them in use? Rad Bareford: No sir. We have about 8 customers right this second. Robert Miller: Eight? Rad Bareford: Yes sir. Toys for Tots are using several. We have several Item #19 City of Virginia Beach Page 29 customers. We had a customer Friday. We delivered it Friday and picked up Saturday morning. They were good to go. Robert Miller: So you anticipate using 289? Is there some kind of anticipating of using 289 a month? Rad Bareford: We can hold 1,800 in our current facility. We're going to need additional facilities shortly. Robert Miller: 1,800? Rad Bareford: Yes sir. Robert Miller: You're anticipating using 1,800 of these boxes a month? Rad Bareford: Yes sir. We have a Richmond and Fredericksburg. Richmond, as of Friday, 85 percent of their boxes of the 560 they had out, 85 percent of them were in storage. So they had 60 on delivery. Dorothy Wood: Thank you very much. Rad Bareford: Thank you all. Dorothy Wood: I guess that is all the speakers. Mr. Watson, three minutes to wrap it up, since you're the attorney or Mr. Reda? Which one of you? Sorry, R.J. I didn't see you. Bill Macali: Madame Chair, I think Ms. Lasley is the city's representative and has the chance to rebut. Dorothy Wood: Okay. Thank you. Hi Karen. Karen Lasley: You heard enough about PODS. Are there any questions that I can answer for you or help you sort through anything? Robert Miller: How are you going to police 1,800 plus the 500 boxes that they have. It's just beginning to be a number. This is astronomical. Karen Lasley: We'll do the best that we can. I think that is a good argument that we need the permit visible so a zoning inspector can drive by and hopefully see from the street that it is placed properly. He can see on the permit when it arrived and when it is scheduled to go. They have to check each one twice. I'm trying to set it up to make it as simple for them as possible so I can get some handle on it. Robert Miller: I know you'll do the best that you can. Item #19 City of Virginia Beach Page 30 Karen Lasley: We're willing to give it a try. Robert Miller: It's more than overwhelming. The numbers are adding up and we're heading into a whirlwind. When you talk about the townhouses and the apartments is there any reality to any possibility with dealing with 24-hours other than the self -leasing of the business people themselves? There is no other way really is there? Karen Lasley: Well, we have one person working on the weekends but it will be tough to enforce the 24-hours on the weekend. Robert Miller: Thank you. Karen Lasley: We can make changes to our weekend schedule if we need to do so. Dorothy Wood: Are there any more questions for Karen? Eugene Crabtree: I'd like to ask R.J. a question, if I could please. He may not know the answer. R.J. Nutter: I'll be happy to try. Yes sir. Eugene Crabtree: R.J. there is a lot of discussion about the costs and the prorating and this and that and the other versus the standard storage units. Do you know on an average about how a storage facility goes? I should but I don't. R.J. Nutter: I'm afraid that I would have to tell you an estimate. I wouldn't be able to do that. Eugene Crabtree: I just wanted to know. R.J. Nutter: That is alright. I apologize. I'm sure my members would know that because they have different sizes as you know as well. Eugene Crabtree: I'm just concerned if it was about the square footage. R.J. Nutter: I understand. Eugene Crabtree: Thank you. R.J. Nutter: Madame Chairman, if they are going to have a chance to wrap. Dorothy Wood: I don't think anyone is going too. R.J. Nutter: That's fine. Item #19 City of Virginia Beach Page 31 Dorothy Wood: Thank you. Is there anything else for Karen? William Din: I think I would like to ask Karen a question. Can you also refresh us on why the City thinks we need a permit and the cost of this permit?. Karen Lasley: The cost at $15.00 is very minimal. I estimate, and this is a real low estimate, that if everything is perfect and we can do it on a drive by, it probably is going to cost the City $19.00 per container to make sure this ordinance is enforced. I don't think the taxpayers should have to pick up that tab. What else did you ask me? William Din: Why do you think the City thinks a permit is needed in this situation for any use whether it's less than 16 days or 24 hours? A reasonable cost of $15.00 is that reasonable for the City? Karen Lasley: Just to help recoop the cost and to make enforcement easier. William Din: Okay. Robert Miller: We talked this morning about commercial and residential. I think I had been spinning in my thinking and as I marked up I looked back over the markings that I gave you on the ordinance. I had always felt that the emphasis and my conversations have been the encroachment into the residential communities of these storage units, but you and I talked this morning, and you had as much of a concern about commercial issues and maybe more so. I won't phrase it. I'll let you decide. But, I felt like that was something that was not in our thinking. Can you explain to me where perhaps the commercial side if you had problems with? Karen Lasley: For me the concerns are about equal. I think that containers can degrade our commercial areas. It's much cheaper for a large box store to put 50 containers out back, and store an extra warehouse of materials, and extra goods in those containers than it is to add onto the commercial building. I don't think that does anything for the aesthetics or the quality of our commercial areas except degrade them. I have had some bad experiences with containers in commercial areas. So, I'm concerned about both. Robert Miller: On construction, we did not regulate the CONEX boxes that are present on all the construction sites. Karen Lasley: On construction, if it is in a non-residential district you can have it there with a building permit for 24-hours before construction and 24-hours after. It's pretty open. Robert Miller: For the length of construction then. Item #19 City of Virginia Beach Page 32 Karen Lasley: For the length of construction. So the containers over on the jail project. That's fine because that is not zoned residential. Robert Miller: In a residential? Karen Lasley: In a residential area, it is limited to 30 days in this ordinance. Robert Miller: No. I'm sorry. If you had a CONEX box, or a box at a construction site, or if a house, would that be regulated in anyway, shape or form? Karen Lasley: Yes. This would limit it to 30 days. Robert Miller: Unless they have construction. We currently have houses under construction with something other than it says PODS on the side of it but it is construction and there it is sat there and we need to come change it. Karen Lasley: What are you calling a CON box? Robert Miller: CON box, a metal box usually. Karen Lasley: It's a tractor -trailer container. Robert Miller: Exactly. Karen Lasley: This covers that. It would limit that to 30 days in a residential area. Robert Miller: So that would be limited to 30 days? Karen Lasley: The reason we did that was because we had a lot of complaints in residential areas where they stay there in the front yard rusted and huge for a year or two. Ronald Ripley: Karen, I'd like to be clear also. On a commercial project we have this larger box or a regular that is like we have here. As the subcontractors get these big contracts they have to store their equipment there instead of in a facility. In residential and I think we had this conversation about multi -family owned property. Is that the case also too? If you have a large apartment project going on, you will have 30 days? Karen Lasley: The way this is written that would apply to apartment zoning and residential. Yes. Ronald Ripley: You have the same situation as with commercial construction that deals with commercial contractors with a hundred air conditioning units that they're putting in. Item #19 City of Virginia Beach Page 33 Karen Lasley: This classifies it as residential so you would have to adjust that. Ronald Ripley: We wouldn't want them on the road as much. If you had to deliver and pick it up it could be a lot more trouble and lot more inconvenience to keep in on the area. Karen Lasley: I understand. Ronald Ripley: Okay. Karen Lasley: You have to make an adjustment. Dorothy Wood: I think what he is saying is that if you were building an apartment like the big boxes that are offices and you have them on construction sites. Karen Lasley: A trailer is different. You're talking about the semi -trailer boxes taken off the truck and stored. Robert Miller: I'm not sure I agree with the trailers as different. I guess you can just put wheels on it so it could be there right throughout the construction? Dorothy Wood: There are a lot of them on this campus? Karen Lasley: I guess that would be a way to get around it. If you're worried about big apartment construction, you need to make an adjustment. Dorothy Wood: It's looking like the 31St Street hotel. They have a construction trailer that is probably been there since they started the building. All big sites have them and I don't know how long that's been there. Robert Miller: A year. Dorothy Wood: A year. See what we're saying? Karen Lasley: Yeah. Dorothy Wood: That is where they have their offices and bathrooms. Kathy Katsias: That's a commercial site. Dorothy Wood: But she said commercial sites too. Karen Lasley: The way this is written, in residential apartment and resort tourist Item #19 City of Virginia Beach Page 34 districts they would not be able to have them for big construction projects for more than 30 days. Dorothy Wood: Where would they have their construction office? Karen Lasley: Well, they could have a construction trailer with an office in it. That we do separately, but not storage of material in a container. Dorothy Wood: To store their material. Karen Lasley: Yes. Dorothy Wood: Ron, I think you had your hand up. Didn't you? Ronald Ripley: No, I didn't. Dorothy Wood: Gene. Eugene Crabtree: Karen, it seems as though a lot of our discussion. We're never going to satisfy everybody. I don't care what we do. On line 62, which is in part one, which concerns 30-days. There seems to be some controversy there on that 30 day versus 60 days. Am I correct? Karen Lasley: Controversy. There are people that want 60. Yes. Eugene Crabtree: You got 30 days and some are asking for 60 days. Some want it longer than that. Then we're talking and there was some discussion on Line 119 & 120 about occupying parking spaces. Karen Lasley: Correct. Required parking spaces. Eugene Crabtree: If the wording that says "so long as no required parking spaces are obstructed" was removed, that would better satisfy some of the things that people have asked for, would it not? I'm clarifying what some of the people are asking. Karen Lasley: What you had us to do was put in another section that says if you can't meet that requirement and you have put it in a required parking space that is when you get it for 24-hours. Eugene Crabtree: Well the 24 hours is also the last thing that I wanted to clarify. Karen Lasley: Okay. Eugene Crabtree: Because we've had 16 days asked for. Most of the people and most of the people that work in the industry say that 24-hours is unreasonable. 72 Item #19 City of Virginia Beach Page 35 hours would cover a period say from a Friday until a Monday morning and obviously it would be over a weekend, which would enable single families. People will pack their stuff before and have everything ready to go. They would be able to load it and we're just talking about on the ground. We're not talking about how long the actual container people will have it in their possession. We're talking about on the ground on the property. So if we were to amend this to 30 days, and if we were to amend the required parking space, and we were to amend the 24-hours to 72, would that be, in the middle of the road to better satisfy all parties? We're not going to satisfy everybody. Karen Lasley: I guess I would leave that your judgment. Dorothy Wood: Ms. Anderson. Janice Anderson: What about the definition of portable storage container? I know we went over this at the beginning and I guess that is where I thought the yard waste containers were construction containers too, and that they were not controlled by that section. Karen Lasley: That was just the yard waste containers put out by the city. Janice Anderson: Now those big metal construction containers that everybody puts debris in. Karen Lasley: Like when you're taking off an old roof? Janice Anderson: Right. Is that covered by this section or not? Bill Macali: If it's a portable weather resistant receptacle designed and used for storage or shipment of building materials it is included in the ordinance. Janice Anderson: My problem is and I didn't think it was covered. I think if everybody else got that same impression and that is where I'm kind of stuck now because that is not realistic. I think everybody knows that if someone is building a house next to me they're not going to do it in 30-days. And, I would rather have the debris container next to me then all their debris in my front yard. I mean, they have to put the debris somewhere. These are houses going up. I'm sorry I got the misunderstanding that was not covered by this section. And, I think the wording of it was that it was for storage and shipment of building things. I didn't think it was debris from building sites. I was almost there on one part but now that there doing all these construction units, I'm not real comfortable putting that kind of limit on there. I just don't think its practical care for people. They cannot build a residential home in 30-days. I wish my contractor could have done it. Item #19 City of Virginia Beach Page 36 Karen Lasley: Do you see a difference between maybe a new subdivision versus infill? Janice Anderson: No. Karen Lasley: That is where we hear the complaints when its an existing established neighborhood and people come in with all these containers for long periods of time. Janice Anderson: A lot of times they're upgrading too. If you live in the old neighborhoods they're taking down the old house and then there putting up new construction and it improves the neighborhood. So, you're going up in the value. Karen Lasley: Okay. Janice Anderson: But, I was coming to some compromise with regard with the other usage but with, and I'm kind of back to square one now that we got a mess with construction items. Just like Mr. Miller mentioned and Dot you got the construction down at the Oceanfront for hotels. They can't do it in 30-days. That's RT-3 District. You can put residential apartment in the Resort District in with the hotel, office, business and industrial district, which are allowed to have them as long as they have an active building permit. Ronald Ripley: I was going to suggest that. I agree. Karen Lasley: You can put that in there. Robert Miller: But that will allow this. Karen Lasley: If they had an active building permit, yes it would. Robert Miller: I just want to make sure that we're all on the same page. Joseph Strange: Why wouldn't there be a distinction between new construction and remodeling? It seems like to me there would be a big distinction. Karen Lasley: I think that might help, especially in residential areas. Joseph Strange: That's right. That's what I getting at. New construction uses limited for unsightly situation that won't any of that whereas if you're remodeling you're not looking at an unsightly situation like you are new construction. Dorothy Wood: You need to try to work it out. We certainly don't want to go through this again. Item #19 City of Virginia Beach Page 37 Karen Lasley: We can make that change before we pass it on to Council. Janice Anderson: You might fix everything up because even with the discussion before us, somebody is doing remodeling they can have it, load their furniture up and move it to the storage unit. So, the remodeling, I think is the way to handle it besides new construction. Karen Lasley: Is that remodeling only in residential not in apartment? We have apartment and as long as they have the building permit? Donald Horsley: That is the question we asked the gentlemen a while ago about what were they storing in these containers. He said they were storing construction stuff in these containers also. A remodeling job is not going to get done in 30 days most of the time either. I don't know if we have to watch that or not. Karen Lasley: I think remodeling jobs are done mostly in existing neighborhoods where it is more disruptive to have the container there for long periods. And, with a remodeling job there is room beside the house or the garage to store things. If they need a container, they can fill it with household items and send it to the warehouse and then bring it back when they're finished. Donald Horsley: I was hoping that was the answer that I was going to get a while ago whether they were putting any household items in here and storing them on site. Well, they could be picked up and carried to the warehouse. If they're storing construction materials in them you can't do that back and forth everyday either. Karen Lasley: Okay. Donald Horsley: We're getting contradicting answers of what's really in these boxes. Karen Lasley: So, if it's new construction for residential, as long as they have a valid permit, 24 hours before and 24 after. If it's a remodeling or additions, stick with the 30 days? Eugene Crabtree: 60 days. Joseph Strange: Is this our discussion time? I think those points need to be made and they were made by Don Bilbo. He said that no one wants a trashy neighborhood. Okay. Les Watson said this is not for onsite storage. Okay. This is for moving. Rob Peterson said they don't want these things in their parking spaces. You don't want them there yourself which is a recognition that people don't want them there. And so, I think if we use these three statements here as a guideline and then use a little bit of common sense with the commercial construction, I think we should be able to come up with something pretty close to something that we have right this minute with just some exceptions on long term construction projects. Item #19 City of Virginia Beach Page 38 Dorothy Wood: Maybe you could word it. Joseph Strange: I'm not the one who is going to come up with these numbers. I'm not in that business. Dorothy Wood: Mr. Crabtree. Eugene Crabtree: Can we make a motion that covers these things that Karen has talked about plus a couple of little items here and there and put it to a vote? Dorothy Wood: What were your other items? Eugene Crabtree: Well, on the construction sites, I think you pretty well have to construct the sites and anything over 16 days you pay a $15.00 permit. I would say on Line 62 that 30 days is probably sufficient. I would like to amend it on Line 119 & 120 to remove that one statement so long as no required parking spaces are obstructed and I would like to change 24 hours to 72 hours on Line 140. With the changes that you have to construction and renovation that you already made, if I could make a motion to amend those two things and to include what you have down on the other and that we put it in the form of a motion. Dorothy Wood: But we wanted to streamline. Eugene Crabtree: Yes ma'am. Dorothy Wood: But we want the permitting? Eugene Crabtree: Yes ma'am. I'm not removing the permitting no longer than 16 days. Dorothy Wood: I'm talking about all permitting because Karen has to pay people. Eugene Crabtree: She said there would be nothing after 24 hours without a permit. Karen Lasley: I still want the permit but we wouldn't charge for the short-term permit. Eugene Crabtree: I just want to change that 24 hours to 72 hours. I want to change where you place the container where it says as long as no required space is obstructed. Bill Macali: There is a legal impediment to that. There is another provision in the City Zoning Ordinance, which does say that each required off street parking space shall be unobstructed. We basically can overlook that for 24 hours or something short term. Item #19 City of Virginia Beach Page 39 Eugene Crabtree: Alright. Then we can't amend that statement. Then it comes down to changing the 24 hours to the 72 hours but with the other provision with renovations and constructions as so stated by you and the Board. Dorothy Wood: I just need for you to go over the motion. Eugene Crabtree: I don't remember all of the wording. Karen Lasley: What I can do to is make the changes and send them out to you right away .before Stephen has to send it to City Council to make sure we got it right. Dorothy Wood: Mr. Miller. Did you want to say something? Robert Miller: A couple of things and I'll probably be against some of the motion anyway. This is one of the reasons why I don't like ordinances that way we have to try and construct because they begin to reach so many pieces and it is not Karen's fault. It's not anyone's fault. It is just very, very difficult when you start saying what about this and what about that. We're trying to cover any contingent, everybody possibility and every situation. I know we're not going to cover everything. You already know that too because you've been doing this to many years. You've seen all the loopholes. This will have new loopholes. I think as long as the construction site is handled to me. This is bad and this sits here for six months or whatever the length of the time of the construction and perhaps longer. But if we say that is not allowed and we say that trailers are allowed. Please don't misunderstood. I think the misunderstanding was I don't want to say trailers are not allowed but we're going to end up with trailers. Sometimes you get what you ask for. So, there will be something there because the contractors who use these, as Don say's there going to use some kind of box or something to store materials or equipment or whatever they're working with so they can get in and out without having to store it in a house. I think the construction site needs to be separated from this in all aspects of it. I just don't think we're going to do a real good job with that. In the ordinance, I'll go away with a few of the things that I tried to get done before. From the commercial side you had on Line 86, you had ten days. I would think that from continuity, I would prefer to do that for hotel/office business, industrial business. I think that is ten days. I would prefer that to be 16 days there. The ten foot setback, I would prefer that to be in conformance to where a shed is allowed, which I believe is five feet. Karen Lasley: If it is under 150 square feet. Robert Miller: Policing this is just a walking nightmare. Somebody is going to have to figure out where the property line is. Are they five feet away? Are they eight feet away? Are they ten feet away? I don't perceive something that is going to be done. Item #19 City of Virginia Beach Page 40 On the ordinance itself, that is all that I got to say. I don't like the permit fee but I will use that in my discussion. Dorothy Wood: We are having a discussion sir. Robert Miller: I'll make a motion then. Dorothy Wood: Gene has a motion on the floor. If you would like to repeat the motion that's on the floor, I'll ask Karen. Karen Lasley: To sum up the changes, as I understand them. Alright. In the section that starts on Page Ronald Ripley: Before you start, I just want to make this point. For the section that talks about residential apartment in the Resort Tourist District, the part about construction where it says that a portable container can be used in connection with such construction activity may be for a period not to exceed 30 days or once in any six month period. I really feel you need to have that time period for construction. First of all, to me if you're doing a house if you have a six month time period limit the container could be out there it would probably be reasonable. You're not going to bring that container out after you have your site in. You have your foundations in and things and then it would be the later part of the house that you need the stuff out there. So, if it had six months or four months or something like that then it would be realistic. In the Resort Tourist District we're looking at a mixed used now in the resort. There are some other zonings that do permit you to do that. Karen Lasley: That zoning only applies in RT-2, RT-3 and RT-4 when the principal use is residential. That was the change that Ms. Anderson wanted last time. Ronald Ripley: Okay. That covers that. My point is that if you can construct this part to permit a period not to exceed, I would say four months or five months that would provide enough time for a contractor to build his house. Karen Lasley: I thought you wanted, and I was only going to leave in this section in residential, not apartment, residential, if you're doing a remodeling or an addition, we'll keep it at 30-days. But I was going to move everything else if it's residential new construction and if it's apartment new construction or remodeling, I was changing it to this section that starts on Page 4, where you can have it there as long as you have an active building permit. Right? Ronald Ripley: That takes care of that. Dorothy Wood: That's good. Karen Lasley: Okay. Item #19 City of Virginia Beach Page 41 Ronald Ripley: I'm sorry to interrupt you. I just wanted to clarify. Karen Lasley: That is what I was going to say. Do you want me to say it again? Ronald Ripley: Yeah. Karen Lasley: Okay. The first change would be on the section that starts on Line 51. I'm sorry. I'll make it say that in the residential districts only if you're doing remodeling and additions only, not new construction, you can have a container on the site for 30 days maximum. Okay. Then for all the other districts including residential new construction, apartment new construction and remodeling and all the other districts, hotel, office, business and industrial, and the resort tourist districts: if you have a building permit you can have a container on the site during construction. Okay. Alright. Do you want me to chance on Line 86 as Mr. Miller requested the ten days to 16-days? The 10 days is in non-residential districts when you're only going to use a container during moving or relocation. And the ten days actually came from the industry.. That is what they were happy with. You wanted 16 just to keep it consistent? Robert Miller: That comes from commercial realtors? Karen Lasley: We had another meeting with the PODS company. You want it 16 to keep it consistent? Is everybody okay with that? Okay. Good deal. The setbacks for containers on Line 100 change that to five feet to be in keeping with what we do for storage sheds. That is five feet no matter what size. And, then on Line 123, the 24-hours you want changed to 72? We didn't talk about it. Do you want me to take out required parking spaces? Ronald Ripley: No. The policy says we can't do that. Karen Lasley: Then the 24 hours the way we've written it only applies when the only place that you have on site to put your container is in a required parking space and you can't get it ten feet away from the pavement. So you're going to have trouble seeing around that container when you back out. And you're going to be taking up your parking place and mostly everybody has got two cars so you're going to have a car in the street. Eugene Crabtree: We need to change that to 72. Karen Lasley: 72. Kathy Katsias: Is there a charge on that? Karen Lasley: That would be up to you but for the 24 hours we weren't going to charge. Item #19 City of Virginia Beach Page 42 Dorothy Wood: Gene is this your motion as you remember making it? Eugene Crabtree: Change Line 140 to 72. Karen Lasley: Are you okay with me requiring the permit to be on the 72-hour container if I don't charge for it? I got it. Thank you. Dorothy Wood: I have a motion. Do I have a second so we can discuss it? Seconded by Barry. Okay. Thank you Karen. Karen Lasley: Thank you. Dorothy Wood: Any discussion? I think that sounds pretty good to me. Robert Miller: I want to discuss this one more minute. I'll be brief. I can't remember all of this. I think we're not really being very realistic with the additions and renovations because they do feel like remodeling and additions are just going to be as extensive of a construction phase as any new construction can be. The new thing in the commercial areas and one of the concerns was and listing this morning that there are people out there taking advantage of this. I think that is something that would be very policable. I should say more policeable. And that is something that I would really like to emphasis is that this not be continue to process in commercial areas. I would expect PODS people and others, Smart Box to be responsible enough looking at those. The only other thing that I have to say is I really think we're walking into a spinning wheel. We have way to many possibilities here as we tried to go through the possibilities and probabilities; I have a feeling that the Committee went through at least this many and a whole lot more. I know that staff has been through even more. I don't see how we're going to possibly police this. I do think that the $15.00 is maybe it does justify a paying somebody to drive around and look for these things. But if the PODS people don't pick up their stuff up or Smart Box people in 16 days, I do not believe we will catch enough of these to spit at. I think the community will call us occasionally. They may call us in 12 days. I have no idea. It's just absolutely going to be difficult to run this thing and run it in a manner that makes sense. I don't like this ordinance. I don't like the idea that we're getting into these people's businesses so much. I don't mind the fact that I think things like this. I certainly don't like decisions. But I will tell you that I can't imagine a house being constructed that wouldn't have a private waste just like in that picture. Somebody's construction trailer sitting right in front of these two and two more trailers sitting there that were not PODS. All I can say is to the PODS people is take your signs off so nobody will know who you are. Dorothy Wood: We have a motion by Mr. Crabtree and a second by Mr. Knight. AYE 10 NAY 1 ABS 0 ABSENT 0 Item #19 City of Virginia Beach Page 43 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-1, the application of the City of Virginia Beach to amend the definition of portable storage containers has been approved by the Board. Dorothy Wood: This is just a recommendation, as you all know. You're more than welcome to go to City Council and talk with them and work with them for a couple of months. Thank you all for coming down. �� . � City of Virgirzia Beach - w G 2 �r oyg9�- 0F�` OR OUR 01110N5 DEPARTMENT OF PLANNING ZONING ADMINISTRATIONDIVISION (757) 427.8074 FAX (757) 4274649 December 1, 2004 TO: Planning Commission Members FROM: Karen Lasley, Zoning Administrator RE: Portable Storage Containers, Permitting Options Option A — Standard MUNICIPAL CENTER BUILDING 2 - ROOM 100 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9039 1. The homeowner must come to the Planning Department with a survey of their property and indicate on the survey where the container will be parked. 2. The homeowner fills out a short permit application form indicating the property address and when the container will be arriving. The date that the container must be removed is added by staff. The homeowner pays the $15.00 fee and is given the permit to be placed on the container when it arrives. On the permit, staff fills in the property address, date of arrival, and required date of departure. 3. The container permit information is entered into the permit system and a printout of each permit is provided to the Zoning inspection staff. 4. The Zoning Inspector monitors the site to ensure that the container is properly placed and removed on time. Option B — Streamlined The storage container company comes to the Planning Department as often as it desires and purchases as many blank container permits as it desires. For example, PODS can come in once per month and purchase 500 blank permits. 2. When the container is delivered, the delivery driver will locate the container in conformance with the regulations. The driver will fill in the permit with the appropriate address, date of arrival and required date of departure and attach it to the side of the container facing the street. 3. The container company will provide the Planning Department with a daily list of all containers placed in Virginia Beach, including address and date of placement. The container permit information is entered into the permit system and a printout of each permit is provided to the Zoning inspection staff. 4. The Zoning Inspector checks each site to ensure that the container is placed properly and removed on time. 24 Hour Permits — Streamlined Special 24 hour permits will be made is a different color than the regular permits. Space will be provided to fill in the address, date of arrival and time of arrival. These permits will be given to the container companies at no cost. Steps #2 through #4 — same as Option B, above. M. APPOINTMENTS Community Policy and Management Team — CSA At Risk Development Authority Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Towing Advisory Board N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT