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HomeMy WebLinkAboutJULY 12, 2005 AGENDACITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville -District 1 ROBERTM. DYER, Centerville - District I REBA S. MCCLANAN, Rose Hall - District 3 RICHARD A. MADDOX,, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 IICITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC II I. CITY COUNCIL BRIEFING CITY COUNCIL AGENDA 12 July 2005 - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Clycncl@vbgov.com A. HEALTH SERVICES ADVISORY BOARD - Access to Basic Health Services Dr. Glenn Snyders, Chairman, II II. CITY COUNCIL CONERNS II III. REVIEW OF AGENDA ITEMS II III. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PA1 II 4.0PM II IV. FORMAL SESSION - Council Chamber - 6:00PIV1 A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Rick Hocker Pastor, Freedom Fellowship Ministries 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 July 5, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Resolution AUTHORIZING the City Manager to execute an operating agreement with the Virginia Beach Arts Center Foundation, Inc. 2. Ordinance to SET the annual salaries of the Mayor and Councilmembers at $30,000 and $28,000, respectively, Effective July 1, 2006. (Sponsored by Councillady McClanan) 3. Ordinance to AUTHORIZE acquisition, by purchase for public purposes, a portion of the property for future expansion of I-264 from WEDEWOOD ASSOCIATES, LLC; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto, including an option agreement for another portion of the property re the "Flyover Area", (KEMPSVILLE — DISTRICT 2) 4. Ordinance to ACCEPT and APPROPRIATE $147,996 from the U.S. Department of Justice's COPS 2005 Technology grant to the Police re a modern oceanfront camera system. Resolution to ASSIGN the Virginia Beach Mariner's rights and obligations under a Joint Use Agreement for the Sportsplex to Virginia Beach Soccer, LLC. 6. Ordinance to AUTHORIZE the City Manager to execute a lease for a City -owned parcel at Rudee Inlet for a term not to exceed five (5) years with the U.S. Coast Guard re Rudee Navigation Aids. 7. Ordinance to ACCEPT and APPROPRIATE $107,781 in state funding, CREATE four (4) additional positions and TRANSFER the Pretrial and Community Corrections program budgets to the Human Services operating budget. PLANNING Application of 7-ELEVEN, INC. for a Conditional Use Permit for fuel sales in conjunction with a convenience store at 4554 Wishart Road (DISTRICT 4 —BAYSIDE) RECOMMENDATION: APPROVAL 2. Application of WAWA, INC. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store at Diamond Springs Road and Northampton Boulevard. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 3. Application of AZALEA GARDEN CHURCH OF GOD for a Modification of a Conditional Use Permit (approved by City Council on August 25,1998), to reduce the size of the Family Life Center and provide for the addition of a Food Bank building at 1541 Centerville Turnpike. (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of BILLY W. CHAPLAIN for the discontinuance, closure and abandonment of a portion of Rudee Avenue at 13th Street (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL K. APPOINTMENTS Beaches and Waterways Commission Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee - L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visua and need assistance at this mee please call the CITY CLERK'S OFFI( Hearing impaired, call: VIRGINIA RELA1 ********** Agenda 7/05/05 slb www.vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 3:00PAVL A. HEALTH SERVICES ADVISORY BOARD - Access to Basic Health Services Dr. Glenn Snyders, Chairman, H. CITY COUNCIL CONERNS III. REVIEW OF AGENDA ITEMS III. INFORMAL SESSION - Conference Room - 4:00PA A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION OP gqOUR NAS"' 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. IV. FORMAL SESSION - Council Chamber - 6:OOPA IL A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Rick Hocker Pastor, Freedom Fellowship Ministries 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 July 5, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS Resolution AUTHORIZING the City Manager to execute an operating agreement with the Virginia Beach Arts Center Foundation, Inc. 2. Ordinance to SET the annual salaries of the Mayor and Councilmembers at $30,000 and $28,000, respectively, effective July 1, 2006. (Sponsored by Councillady McClanan) 3. Ordinance to AUTHORIZE acquisition, by purchase for public purposes, a portion of the property for future expansion of I-264 from WEDEWOOD ASSOCIATES, LLC; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto, including an option agreement for another portion of the property re the "Flyover Area", (KEMPSVILLE — DISTRICT 2) 4. Ordinance to ACCEPT and APPROPRIATE $147,996 from the U.S. Department of Justice's COPS 2005 Technology grant to the Police re a modern oceanfront camera system. 5. Resolution to ASSIGN the Virginia Beach Mariner's rights and obligations under a Joint Use Agreement for the Sportsplex to Virginia Beach Soccer, LLC. 6. Ordinance to AUTHORIZE the City Manager to execute a lease for a City -owned parcel at Rudee Inlet for a term not to exceed five (5) years with the U.S. Coast Guard re Rudee Navigation Aids. 7. Ordinance to ACCEPT and APPROPRIATE $107,781 in state funding, CREATE four (4) additional positions and TRANSFER the Pretrial and Community Corrections program budgets to the Human Services operating budget. gnu BFj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Operating Agreement between the City of Virginia Beach and the Virginia Beach Performing Arts Center Foundation, Inc. MEETING DATE: July 12, 2005 ■ Background: The Virginia Beach Performing Arts Center (the "Center") is a community -based, professional quality, twelve hundred -seat facility that is currently under construction at the Town Center in Virginia Beach. The mission of the Center is to provide exceptional cultural opportunities for the community to both participate in and enjoy and to serve as a cultural focal point for the performing arts in Virginia Beach. The City of Virginia Beach (the "City) is the owner of the grounds and related facilities of the Center. It is estimated that construction will be completed in 2007. The Virginia Beach Performing Arts Center Foundation, Inc. (the "Foundation") is a permanent, non-profit section 501 (c)(3) organization whose responsibilities include (i) providing adequate resources for the activities of the Center through a commitment to fundraising, including capital, endowment, and potential on -going annual fundraising; (ii) advising on long-range planning and vision for the Center; (iii) ensuring that the work of the Center is consistent with the mission; (iv) serving as an ambassador in the community and region advocating the mission and establishment of the Center; and (v) serving on committees or task forces, as needed. ■ Considerations: The proposed agreement memorializes the responsibilities and obligations of the City and the Foundation as they relate to certain operational activities of the Center to assure its success and prosperous growth. The Agreement is for a two-year period, during which the City will provide certain support staff in exchange for the Foundation's fund raising activities; at the end of this, initial two-year period, the roles of the City and of the Foundation will be reevaluated. ■ Public Information: Public information will be provided through the normal process of advertising the Council's agenda. ■ Recommendations: Adoption of proposed agreement. ■ Attachment: Operating Agreement Recommended Action: Approval Submitting Department/Agenc : Museums and Cultural Arts Ly�6 City Manag .�n�y� 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN OPERATING 3 AGREEMENT WITH THE VIRGINIA BEACH 4 PERFORMING ARTS CENTER FOUNDATION, INC. 5 6 WHEREAS, the Virginia Beach Performing Arts Center, Inc. 7 (the "Center") is a community -based, professional quality, 8 twelve hundred -seat facility that is currently under 9 construction at the Town Center in Virginia Beach; and 10 WHEREAS, the mission of the Center is to provide 11 exceptional cultural opportunities for the community to both 12 participate in and enjoy and to serve as a cultural focal point 13 for the performing arts in Virginia Beach; and 14 WHEREAS, the Virginia Beach Performing Arts Center 15 Foundation, Inc. ("Foundation") is a permanent, non-profit 16 section 501 (c)(3) organization whose responsibilities include 17 (i) providing adequate resources for the activities of the 18 Center through a commitment to fundraising, including capital 19 endowment, and potential on -going annual fundraising; (ii) 20 advising on long-range planning and vision for the Center; (iii) 21 ensuring that the work of the Center is consistent with the 22 mission, (iv) serving as an ambassador in the community and 23 region advocating the mission and establishment of the Center; 24 and (v) serving on committees or task forces, as needed; and 25 WHEREAS, the Operating Agreement between the City and the 26 Foundation memorializes the responsibilities and obligations of 27 the City and the Foundation as they relate to certain 28 operational activities of the Center to assure the success and 29 prosperous growth of the Center. 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 The City Manager is hereby authorized and directed to 34 execute -said Operating Agreement on behalf of the City of 35 Virginia Beach. A summary of the material terms of the 36 Operating Agreement is attached hereto and a true copy of the 37 Operating Agreement is on file with the City Clerk. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia on the day of 2005. 40 Approved as to Content: Dikector, Museums and Cultural Arts CA July 6, 2005 R-1 Approved as to LegalP�l Suffi ncy: �! VV � City Attorney N OPERATING AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA BEACH PERFORMING ARTS CENTER FOUNDATION, INC. THIS OPERATING AGREEMENT ("Agreement") made and entered into as of this day of , 2005, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the VIRGINIA BEACH PERFORMING ARTS CENTER FOUNDATION, INC., a permanent, non -stock, non-profit organization with a tax exempt status under section 501 (c) (3) of the United States Internal Revenue Code (the "Foundation"). RECITALS WHEREAS, the City is the owner of grounds and related facilities currently under construction in the City of Virginia Beach, known as the Virginia Beach Performing Arts Center (the "Center"). It is estimated that construction of the Center will be completed in 2007; WHEREAS, the Foundation is a non -stock, non-profit, charitable organization existing under the laws of the Commonwealth of Virginia; WHEREAS, the responsibilities of the Foundation include (i) providing adequate resources for the activities of the Center through a commitment to fundraising, including capital, endowment, and potential on -going annual fundraising; (ii) advising on long- range planning and vision for the Center; (iii) ensuring that the work of the Center is consistent with the mission; (iv) serving as an ambassador in the community and region advocating the mission and establishment of the Center; and (v) serving on committees or task forces, as needed; and WHEREAS, the Foundation and the City wish to assure the success and prosperous growth of the Center in the future by memorializing the responsibilities and obligations of the City and the Foundation as they relate to certain operational activities. Page 1 of 7 AGREEMENT The parties to this Agreement, for and in consideration of the mutual efforts to promote and support the development of the Center, agree as follows: 1. OPERATING PROCEDURES A. The City Manager of the City of Virginia Beach (the "City Manager") shall be the official responsible for the administration of this Agreement for the City. B. An Executive Director shall be selected by the City Manager, upon consultation with the Foundation, and employed by the City. The Executive Director shall oversee the day-to-day operations of the Foundation and shall assist the Foundation in planning and implementing its fundraising activities. The Executive Director shall receive no remuneration from the Foundation and shall have no voting rights with respect to Foundation business or affairs. C. The City shall employ a Campaign Coordinator to work with the Foundation to develop and coordinate all aspects of the capital campaign. Specifically, the Campaign Coordinator shall work in collaboration with the Foundation on public relations and marketing strategies, shall plan and implement campaign, donor cultivation, and other special events, and shall provide professional administrative services to the Foundation. The Campaign Coordinator shall report to the Executive Director. D. The City and the Foundation may engage in joint promotional efforts, including marketing and the solicitation of funding through grants. However, no City employee shall actively solicit any donations on behalf of the Foundation unless the City Manager specifically approves such activity. Any funds or grants received by the City shall not be appropriated to the Foundation unless so directed by the City Council pursuant to an ordinance adopted by City Council. Any funds or grants received by or awarded or donated to the Foundation shall be accounted for in the Foundation's records and disbursed in accordance with the donor's or grantor's instructions. E. In the event the Foundation dissolves, becomes inactive, or discontinues its active support of the Center, all monies pledged or dedicated to the Center for any existing project shall become property of the City, and shall only be used by the City for the purpose for which they were pledged or dedicated. Page 2of7 F. The City and the Foundation acknowledge and agree that all Foundation correspondence, financial records and all Foundation documents shall be kept separate and apart from all City records. G. In return for the Foundation's in -kind contributions and services to the Center, and in furtherance of the Foundation's goal of supporting the Center through advocacy and fundraising, the City will, at its expense: (i) employ a Campaign Coordinator, as described above; (ii) provide for the supervision of the Campaign Coordinator, by the Executive Director, and supervise the quality, accuracy, and timeliness of campaign correspondences, proposals and other materials; (iii) make available office space to house and equip the Foundation's administrative and personnel needs; (iv) provide the Foundation with a facsimile machine, computer hardware and software, copying equipment, and dedicated telephone lines to implement and facilitate the responsibilities of the Foundation; (v) supply additional City personnel, as necessary, to provide informational support and to keep the Foundation abreast of the construction progress and of programming developments related to the Center; and (vi) permit access to City facilities for fundraising activities and for other private functions which generate revenue for the Center, subject to the prior approval of the City Manager or his designee. 2. INSURANCE The Foundation shall provide to the City's Risk Management Administrator evidence of liability insurance coverage for the Foundation and its employees and Board Members. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and shall carry the provision that the insurance will not be cancelled or materially modified without thirty (30) day prior written notice to the City. 3. RECORD KEEPING A. The Foundation shall provide annually to the City an audited financial statement. The audit shall be made in accordance with generally accepted auditing standards by an independent certified public accountant covering all monies which are the subject of this Agreement. The statement will be provided on or before June 30 of each year during this Agreement but shall not include any information regarding individual Foundation donors. B. The Foundation shall provide the City with an updated copy of its articles, bylaws and officers and directors. The Foundation shall also provide the City with a copy of its IRS Form 990 (Return of Organization Exempt from Income Tax) without accompanying documentation providing information concerning any specific Foundation donor. Page 3of7 4. INDEPENDENT CONTRACTORS In the performance of this Agreement, both the City and the Foundation will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of the one shall not be construed to be the agents or employees of the other. City employees shall remain employees of the City notwithstanding the fact that they may assist the Foundation. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the Foundation with any person or entity covering services or good procured by the Foundation, or for the negligent or willful acts of the Foundation. 5. TERM The initial term of this Agreement shall be for two (2) years from the date of execution. The Agreement shall be reviewed and revised following the expiration of the original term to reflect the evolving roles of the City and the Foundation. Thereafter, the Agreement may be renewed for additional two-year terms with the consent of City Council. 6. AMENDMENTS OR MODIFICATIONS The City or the Foundation may amend or modify this Agreement upon mutual agreement. Such amendment(s) or modification(s) shall be in writing and executed by the authorized representatives of the City and the Foundation. 7. TERMINATION The City or the Foundation may terminate this Agreement at any time upon giving thirty (30) days written notice to the other party. Each party shall continue to fulfill all of its obligations under the Agreement during the said thirty (30) day period. 8. NOTICES Any notice or notices required or permitted pursuant to this Agreement shall be given by certified mail, postage prepaid, return receipt requested as follows: To the City: James Spore City Manager City of Virginia Beach 2401 Courthouse Drive, Room 234 Virginia Beach, VA 23456 Page 4 of 7 To the Foundation: Linwood Branch, III President, Virginia Beach Performing Arts Center Foundation, Inc. Days Inn at the Beach 1000 Atlantic Avenue Virginia Beach, VA 23451 9. ENTIRE AGREEMENT The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification of this Agreement, except in writing, executed by the authorized representatives of the City and the Foundation. As evidence of their agreement to the terms and conditions set forth herein, the parties affixed their authorized signatures hereto: ATTEST: Ruth Hodges Smith City Clerk VIRGINIA BEACH PEFORMING ARTS CENTER FOUNDATION, INC. ATTEST: In Title: Page 5 of 7 CITY OF VIRGINIA BEACH In City Manager / Authorized Designee of City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this day of , 2005, by City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My Commission expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this day of , 2005, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach. She is personally known to me. Notary Public My Commission expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this day of , 2005, by , as (title), respectively of the Virginia Beach Performing Arts Center Theatre Foundation, Inc., on its behalf. My Commission expires: Page 6of7 Notary Public Approved as to Legal Sufficiency: Foundation Counsel Approved as to Legal Sufficiency: City Attorney's Office Page 7 of 7 Approved as to Content: Department of Museums and Cultural Arts Approved as to Risk Management: Risk Manager Operating Agreement between City of Virginia Beach ("City") and Virginia Beach Performing Arts Center Foundation, Inc. ("Foundation") SUMMARY OF TERMS Purpose: To memorialize the responsibilities and obligations of the City and the Foundation as they relate to certain operational activities of the Virginia Beach Performing Arts Center (the "Center"). tn Premises: The Center Term: The Agreement shall be for two years from the date of execution. The Agreement will be reviewed and revised following the expiration of the original term to reflect the evolving roles of the City and the Foundation. The Agreement may be renewed for additional two-year terms with the consent of City Council. Responsibilities of the City: • City Manager is responsible for administration of agreement. • City Manager shall select an Executive Director, upon consultation with the Foundation. • City shall employ a Campaign Coordinator to work with the Foundation to develop and coordinate all aspects of the capital campaign. The City shall also provide for the supervision of the Campaign Coordinator. • City and Foundation may engage in joint promotional activities, including marketing and the solicitation of funds through grants. • City shall make available office space to house and equip Foundation's administrative and personnel needs. • City shall provide the Foundation with a facsimile machine, computer hardware and software, copying equipment, and dedicated telephone lines to implement and facilitate the responsibilities of the Foundation. • City shall supply additional City personnel, as necessary, to provide informational support and to keep the Foundation abreast of the construction progress and programming developments related to the Center. Responsibilities of Foundation: • Foundation shall provide in -kind contributions and services to the Center and shall support the Center through advocacy and fundraising. • Foundation shall provide evidence of liability insurance coverage for the Foundation and its employees. • Foundation shall provide annually to the City an audited financial statement. • Foundation shall provide to the City an updated copy of its articles, bylaws, and list of officers and directors. P) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Set the Annual Salaries of the Mayor and Councilmembers at $30,000 and $28,000, Respectively, Effective July 1, 2006 MEETING DATE: July 12, 2005 ■ Background: The current annual salaries of the Mayor and the members of City Council ($20,000 and $18,000, respectively) were established on July 1, 1989. The salaries are below the salaries paid for the Mayor and City Councilmembers in Chesapeake, Norfolk, Portsmouth, Hampton and Newport News. ■ Considerations: The Code of Virginia at § 15.2-1414.6, provides that cities with a population of 260,000 or more may set the annual salaries of their mayors and councilmembers up to $30,000 and $28,000, respectively. This section further provides that "[n]o increase in salary of a member of the council shall take effect until July 1 after the next regularly scheduled general election of council members." Therefore, any increase could not go into effect until July 1, 2006, and the ordinance so provides. ■ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ■ Recommendations: Adopt ■ Attachments: Ordinance Comparison of salaries for counterparts in the Tidewater Area Recommended Action: Approval Submitting Department/Agency: City Council City Manager: 1 AN ORDINANCE TO SET THE ANNUAL SALARIES OF 2 THE MAYOR AND COUNCILMEMBERS AT $30,000 AND 3 $28,000, RESPECTIVELY, EFFECTIVE JULY 1, 4 2006 5 6 7 WHEREAS, Code of Virginia § 15.2-1414.6 provides that 8 cities with a population of 260,000 or more may set the annual 9 salaries of their mayor and councilmembers at $30,000 and 10 $28,000, respectively; 11 WHEREAS, this section further provides that "[n]o increase 12 in the salary of a member of council shall take effect until 13 July 1 after the next regularly scheduled general election of 14 council members," such that any increase in councilmembers, 15 salaries would not be effective until July 1, 2006. 16 WHEREAS, the current annual salaries of the Mayor and 17 members of Council, which became effective July 1, 1989, are 18 $20,000 and $18,000 respectively, and are below the salaries 19 paid for the Mayors and City Councilmembers in Chesapeake, 20 Norfolk, Portsmouth, Hampton and Newport News; and 21 WHEREAS, it is the opinion of City Council that the 22 annual salaries of the Mayor and members of Council should be 23 increased, effective July 1, 2006, to $30,000 and $28,000, 24 respectively. 25 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 1. That, in accordance with Code of Virginia § 15,2- 28 1414.6, and except as provided in Paragraph 3, the annual 29 salaries of the Mayor and members of City Council are hereby 30 set, effective July 1, 2006, at $30,000 and $28,000, 31 respectively; 32 2. That the City Manager is hereby directed to include in 33 the FY 2007 Operating Budget adequate funding for these salary 34 increases; and 35 3. That Ordinance 2711F, adopted on July 2, 2002, which 36 established the salary of the City Councilmember representing 37 the Beach District at Zero Dollars ($0.00), shall be unaffected 38 by this Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2005. CA-8143 H:\P&A\GG\Ord&Res\Proposed\Salaryord.doc R-4 July 7, 2005 APPROZjED AS TO N SUFF IENCY: ad�p. 4 City Attorney's Office 2 CITY COUNCIL SALARY COMPARISONS AS OF JULY 7, 2005 Number of Meetings Salaries Members Per Month Mayor Members Virginia Beach _Population 435,026 11 3 $ 20,000 $18,000 Chesapeake 209,700 9 3 $ 25,000 $ 23,000 Norfolk 233,800 7 4 $27,000 $25,000 Portsmouth 97,800 7 2 $ 21,000 $18,900 Suffolk 75,500 7 2 $18,000 $15,000 Hampton 142,800 7 2 $ 24,308 $ 21,748 Newport News 182,400 7 2 $ 28,000 $ 25,000 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance approving and authorizing for public purposes the acquisition from Wedgewood Associates, L.L.C. of property located in the Kempsville District of Virginia Beach, Virginia MEETING DATE: July 12, 2005 ■ Background: Wedgewood Associates, L.L.C. ("Wedgewood") is developing multi -family and single-family attached dwelling units on four parcels of property (the "Property") located in the Kempsville District of Virginia Beach, Virginia (the "City") containing a total of approximately 48.8 acres. Pursuant to a proffer Agreement dated March 25, 2005, Wedgewood agreed to reserve two portions of the Property consisting of (i) a 3.1-acre parcel for future expansion of 1-264 (the "Expansion Area") and (ii) a 7.4-acre parcel for a potential future flyover (the "Flyover Area") for possible acquisition by the City upon terms and conditions set forth in a Memorandum of Understanding (the WOU") dated March 25, 2005. ■ Considerations: Acquisition of the Expansion Area and the execution of an Option Agreement for potential acquisition of the Flyover Area is in the best interest of the City and desirable and necessary to achieve the desired public benefit. ia Public Information: Public Information for this item will be handled through the normal Council agenda process. a Alternatives: Not approve — City would lose right and option to purchase Expansion Area and Flyover Area. ■ Recommendations: Approve the acquisition of the Expansion Area for $880,323 with a closing date of September 30, 2005 and approve the execution of an Option Agreement giving the City the right to purchase the Flyover Area for a period of three years (expiring July 31, 2008) at its then fair market value. a Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning City Manager: II OID\REAL ESTAI"E\Acquisitions\WOILKMG-DEEDS\Wed mood\Aeenda Request Form-.doc 1 AN ORDINANCE APPROVING AND 2 AUTHORIZING FOR PUBLIC PURPOSES THE 3 ACQUISITION FROM WEDGEWOOD 4 ASSOCIATES, L.L.C. OF PROPERTY LOCATED 5 IN THE KEMPSVILLE DISTRICT OF VIRGINIA 6 BEACH, VIRGINIA 7 8 WHEREAS, Wedgewood Associates, L.L.C. ("Wedgewood") is developing multi- 9 family and single-family attached dwelling units on four parcels of property (the "Property") 10 Ideated in the Kempsville District of Virginia Beach, Virginia (the "City") containing a total of 11 approximately 48.8 acres; 12 WHEREAS, pursuant to a Proffer Agreement dated March 25, 2005, Wedgewood 13 agreed to reserve two portions of the Property consisting of (i) a 3.1-acre parcel for future 14 expansion of I-264 (the "Expansion Area") and (ii) a 7.4-acre parcel for a potential future flyover 15 (the "Flyover Area") for possible acquisition by the City upon terms and conditions set forth in a 16 iAemorandum of Understanding (the "MOU") dated March 25, 2005; 17 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 18 public necessity exists for the acquisition of the Expansion Area for public purposes for the 19 preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of 20 the people in the City of Virginia Beach, and the City Council desires to enter into an agreement of 21 sale and other agreements necessary to acquire the Expansion Area;. 22 WHEREAS, the City Council desires to enter into an option agreement granting the 23 City the right to purchase the Flyover Area at any time prior to July 31, 2008; 24 WHEREAS, funding for the purchase of the Expansion Area is included in CIP- 2 5 3368 (Various Site Acquisition) adopted by the City Council on May 10, 2005; and 26 WHEREAS, the City Council has determined the acquisition of the Expansion 27 Area, and the execution of an option agreement for the Flyover Area, to be in the best interest of 28 the City and desirable and necessary to achieve the desired public use. 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 3 o VIRGINIA BEACH, VIRGINIA, 31 1. That the City Council authorizes the acquisition, by purchase, for public 32 huuposes of the 3.1-acre portion of the Property for future expansion of 1-264 (the "Expansion 33 Area"). 34 2. That the City Manager or his designee is authorized to execute on behalf 35 of the City of Virginia Beach an Agreement of Sale for the purchase of the Expansion Area for the 36 sum of $880,323 and in accordance with the terms contained in the Summary of Terms attached 37 Hereto as Exhibit A. 38 3. That the City Manager or his designee is authorized to execute all 39 documents that may be necessary and appropriate in connection with the purchase of the 40 Expansion Area so long as such documents are acceptable to the City Manager and the City 41 A ttorney. . 42 4. That the City Manager or his designee is authorized to execute on behalf 43 of the City of Virginia Beach an Option Agreement for the potential purchase of the 7.4-acre 44 portion of the Property for a potential future flyover (the "Flyover Area") for an amount to be 45 determined pursuant to the Option Agreement and in accordance with the terms contained in the 46 Summary of Terms attached hereto as Exhibit B . 2 47 5. That the City Manager or his designee is authorized to execute all 48 documents that may be necessary and appropriate to implement the provisions of the Option 49 "agreement so long as such documents are acceptable to the City Manager and the City Attorney. 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 clay of , 2005. CA-9536 .1 my 12, 2005 APPROVED AS TO CONTENT: Depart ent of Planning AS TO LEGAL SUFFICIENCY: F:\Data\ATY\01D\REAL ESTATE\Acquisitions\WORKING - DEEDS\Wedgewood\acquisition ordinance.doc 3 EXHIBIT A SUMMARY OF TERMS — EXPANSION AREA Purchase Price: $880,323.00 Deposit: $5,000.00 (to be applied to Purchase Price) Closing Date: On or before September 30, 2005 Due Diligence Period: 90 days after execution of agreement EXHIBIT B SUMMARY OF TERMS — FLYOVER AREA Option Period: Date of execution of agreement through July 31, 2008 Option Fee: $1,000 (to be applied to Purchase Price) Purchase Price: Fair market value at time of exercise of Option, based upon prior A-12 zoning — determined by appraisal method Notice of Exercise: 120 days prior to proposed closing date Deposit: $10,000 to be given at time of Notice of Exercise (to be applied to Purchase Price) Closing Date: No later than July 31, 2008 Use of Property: City may only use for purposes of constructing a flyover to I-264 or other public road system improvements. First Right to Purchase: If any of the Property is declared excess by City, City shall grant Wedgewood the first right to purchase all or any of such excess property. 1A eo CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Accept and Appropriate $147,996 from the U. S. Department of Justice's COPS 2005 Technology Grant to the Police Department's FY 2005-06 Operating Budget To Purchase and Install a Modern Oceanfront Camera System MEETING DATE: July 12, 2005 ■ Background: The Police Department has been awarded a COPS 2005 Technology Grant in the amount of $147,996 by the U.S. Department of Justice, Office of Community Oriented Policing Services. The purpose of the grant is to replace the current camera system located in the resort area, which was originally installed in 1989. Eight cameras were installed in the busiest areas along Atlantic Avenue, two city parks, Interstate 264, and Pacific Avenue. These cameras assist the Police Department in providing a safe community for residents and guests visiting the oceanfront. These cameras are used to monitor crowds, spot disturbances and criminal violations, and monitor the flow of traffic. During the past decade, cameras and related equipment have been replaced individually. However, the system, as a whole, is outdated and cannot take advantage of newer technology. These funds will provide an opportunity to replace the old system with digital equipment and provide greater coverage. The new system will enhance security, locate swimmers in distress, and record images for future review. ■ Considerations: There is no local cash match for this grant. ■ Public Information: Public Information will be handled through the normal Council Agenda public information process. ■ Alternatives: Funds for replacing these cameras have been requested, but not funded, in past budget processes, including the FY2005-06 process. This federal grant provides an excellent opportunity to address this need. ■ Recommendations: It is recommended that the 2005 COPS Technology Grant in the amount of $147,996 be accepted and appropriated. ■ Attachments: Grant Award Letter Recommended Action: Approval Submitting Department/Agency: Police Department/ City Manager: ��— • k 1 AN ORDINANCE TO ACCEPT AND APPROPRITATE 2 $147,996 FROM THE U. S. DEPARTMENT OF 3 JUSTICE'S COPS 2005 TECHNOLOGY GRANT TO THE 4 POLICE DEPARTMENT'S FY 2005-06 OPERATING 5 BUDGET TO PURCHASE AND INSTALL A MODERN 6 OCEANFRONT CAMERA SYSTEM 7 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 11 12 13 14 15 That $147,996 is hereby accepted from the U. S. Department of Justice's COPS 2005 Technology Grant and appropriated to the Police Department's FY 2005-06 Operating Budget for the purchase and installation of a modern Oceanfront camera system, with federal revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT C M nage ent Services CA9664 PA/GG/ORDRES/COPS 2005 Tech Grant.ORD R-2 June 30, 2005 APPROVED AS TO LEGAL SUFFICIENCY r s City Attorney's Office Office of the Director 1100 Vermont Avenue, NW Washington, DC 20530 Chief Alfred Jacocks, Jr. Virginia Beach, City of Municipal Center, Building 11 2401 Court House Drive Virginia Beach, VA 23456 Re: Technology Grant #: 2005CKWX0313 Dear Chief Jacocks, Jr.: U.S. Department of Justice Office of Community Oriented Policing Services JUN L 0 2005 _ _EU=ri. . V1RG: On behalf of Attorney General Alberto R. Gonzales, it is my pleasure to congratulate you on receiving a COPS 2005 Technology grant. Enclosed is your agency's award document with a list of special conditions (on the reverse side) that apply to your grant. The award amount is $147996. You will also find enclosed an ACH-Vendor form, a Civil Rights Seven -Step Guide, a Helpful Hints Guide for submitting your Financial Status Reports (SF-269A), and a Fact Sheet regarding on-line filing of your quarterly SF-269As. Please read and familiarize yourself with the grant award conditions prior to signing the award document. To accept your grant, the law enforcement and government executives listed on the document must sign the enclosed original grant award and return it to the COPS Office within 90 days. Failure to submit the signed award document in this 90-day period may result in withdrawal of the grant without further notice from the COPS Office. Your grant award period officially began on December 8, 2004 and runs through December 7, 2007. Please note that all Qrant terms and special conditions will need to be metprior to the reimbursement of funds for Menses incurred on or after December 8, 2004. Should you have any questions regarding the award process, please contact your Technology Coordinator assigned to this project at 1-800-421-6770. Congratulations again on your award. On behalf of the COPS Office, we look forward to working with you on this technology project. Sincerely, U-j �Z N9 Carl R. Peed Director CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Virginia Beach Sportsplex Joint Use Agreement MEETING DATE: July 12, 2005 Background: In September 2001, the City negotiated and approved a Joint Use Agreement for the Virginia Beach Sportsplex with new ownership of the Hampton Roads Mariners. The Joint Use Agreement was a five (5) year agreement for use of the Sportsplex for up to twenty (20) soccer events per year at a user fee of $60,000 per year. I n May 2002, the Hampton Roads Mariners were sold to Mike Field and the team was renamed the Virginia Beach Mariners. In July 2002, the City Council and the Virginia Beach Development Authority formally approved the assignment of the existing Joint Use Agreement to the new owner. On June 21, 2005, the Virginia Beach Mariners were sold to a new ownership group (Virginia Beach Soccer, LLC) comprised of Jerry McDonnell, Mike McCann, and Frank Wiley. All three gentlemen are local businessmen with a strong interest in the local youth soccer community. The team is continuing to use the Sportsplex for their home games under a per -game use agreement. It is proposed that the current Sportsplex Joint Use Agreement be further assigned to Virginia Beach Soccer, LLC through its current expiration date of December 2006. City Council was provided additional information on the sale of the team and the use agreement via memo on June 23, 2005. Recommendations: It is recommended that the assignment of the current Sportsplex Joint Use Agreement to the new Mariners' ownership group (Virginia Beach Soccer, LLC) be approved by the Council and forwarded to the Development Authority for approval and formal signature. Public Information: The new Mariners' ownership group and the United Soccer Leagues (USL) Office sent news releases on June 23, 2005, announcing the sale of the team and transfer of the franchise agreement/rights to the new ownership group. Additionally, there has been ongoing media coverage via both television and print. Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Pars A�andRe ation City Manager S )�'-- _� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION TO CONSENT TO THE ASSIGNMENT BY VIRGINIA BEACH MARINERS, INC. OF ITS RIGHTS AND OBLIGATIONS UNDER JOINT USE AGREEMENT FOR THE SPORTSPLEX TO VIRGINIA BEACH SOCCER, LLC WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), and Hampton Roads Mariners, L.L.C. ("HRM") entered into a Joint Use Agreement dated as of September 4, 2001 (the "Agreement"), providing for joint use of the Virginia Beach Sportsplex (the "Sportsplex"); WHEREAS, pursuant to an Assignment dated May 19, 2002, HRM assigned its rights and obligations under the Agreement for the Sportsplex to Virginia Beach Mariners, Inc., a Virginia corporation ("VBM"); WHEREAS, in connection with the transfer of the management and ownership of the Virginia Beach Mariners, a United Soccer League First Division men's professional soccer team which uses the Sportsplex for its home games, VBM desires to assign its rights and obligations under the Agreement to Virginia Beach Soccer, LLC ("VBS"), controlled by Jerry F. McDonnell, Michael C. McCann and R. Franklin Wiley, Jr.; and WHEREAS, the Agreement requires the consent of the Authority and the City to any assignment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City desires to consent to the assignment by VBM to VBS, subject to approval by the Virginia Beach Development Authority of the assignment and subject to the City Attorney's receipt, review and approval of all documents and information deemed necessary by the City Attorney for such assignment, including, but not limited to: 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 A. Execution and delivery by Jerry F. McDonnell, Michael C. McCann and R. Franklin Wiley, Jr. of a Guaranty, in form and substance satisfactory to the City Attorney, guaranteeing the payment and performance of all obligations of VBS under the Agreement. B. Delivery of a letter of credit, in form and substance satisfactory to the City Attorney, as security for the timely payment and performance of all obligations of VBS under the Agreement. C. Delivery by VBS of a Certificate of Insurance satisfying the requirements of the Agreement. D. Execution and delivery by VBM and Michael L. Field, Jr. of a release and indemnity, in form and substance satisfactory to the City Attorney. E. Evidence satisfactory to the Authority of the assignment of the USL First Division (the "League") men's professional soccer franchise to VBS and approval thereof by the League. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12th day of July, 2005. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: CA-9660 July 7, 2005 FAData\ATY\OID\REAL ESTATE\Commercial Projects\Sportsplex\Sprt-Plx.CC Res.doc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE U.S. COAST GUARD FOR RUDEE NAVIGATION AIDS MEETING DATE: July 12, 2005 ■ Background: Aids to Navigation for Rudee Inlet are owned and maintained by the U.S. Coast Guard. In response to requests from citizens, the City Manager urged the Coast Guard to consider enhancing the system navigational aids for the inlet. The Coast Guard has agreed to install a new navigation beacon on the newly extended north jetty at Rudee Inlet. The tower for the new beacon was installed during the jetty improvement project. Prior to installing the new beacon, however, the Coast Guard has required a lease agreement from the City, allowing the Coast Guard access for installation and maintenance of the new light. Their proposed lease agreement is attached. ■ Considerations: Citizens have expressed dissatisfaction with the existing system of aids to navigation for Rudee Inlet. ■ Public Information: Regular notification of City Council agenda. ■ Alternatives: Approval and execution of the lease between the City and the Coast Guard is necessary if the Coast Guard is to install and maintain the new aid to navigation. Alternatively, the City could opt to install and maintain navigational lighting, subject to review and approval by the Coast Guard. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance; Summary of Terms; Lease Agreement. Recommended Action: Adopt Ordinance Submitting Department/Agency: Public Worka, City Manager: I/ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE APPROVING THE LEASE OF AN APPROXIMATELY 6' X 6' PARCEL OF CITY LAND LOCATED TWENTY-FIVE FEET (25') FROM THE END OF THE BREAKWATER ON THE NORTH SIDE OF RUDEE INLET, VIRGINIA BEACH, VIRGINIA WHEREAS, the City of Virginia Beach, Virginia (the "City") is the owner of an approximately 6' x 6' parcel of land located twenty-five feet (25) from the end of the breakwater on the north side of Rudee Inlet in the City of Virginia Beach (the "Premises"); WHEREAS, the United States of America (Coast Guard) would like to enter into a formal lease arrangement with the City for the purpose of installing and maintaining a light tower and associated navigational aids on the Rudee Inlet North Jetty; WHEREAS, the Premises will be utilized for navigational aid purposes and for no other uses; and WHEREAS, City staff has determined that the granting of this lease will provide a benefit to the City through the provision of navigational aids while the 21 lease is in effect. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term 26 not in excess of five (5) years between the United States of America and the City, for an 27 approximately 6' x 6' parcel of land located twenty-five feet (25') from the end of the 28 breakwater on the north side of Rudee Inlet in the City of Virginia Beach in accordance 29 with the Summary of Terms attached hereto and such other terms, conditions or 30 modifications as may be satisfactory to the City Attorney and the City Manager. 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 32 day of 2005. 33 APPROVED O CONTENTS: 34 35 36 37 re 38 39 Department 40 H:\OID\REAL ESTAMLEASEWoast Guard- Ruda Inlet Light Tower\Ordinance.SummaryoPfrnns.doc APPROVED AS TO LEGAL SUFFICIENCY AND FORM: C SUMMARY OF TERMS LEASE FOR THE USE OF 6' X 6' OF CITY PROPERTY FOR NAVIGATIONAL AID PURPOSES LESSOR: City of Virginia Beach LESSEE: United States of America (Coast Guard) PREMISES: Thirty-six square feet (6' x 6') of land owned by the City located twenty-five (25') from the end of the breakwater on the North side of Rudee Inlet, Virginia Beach, Virginia. TERM: May 1, 2005 through September 30, 2005 with the Option to renew each year for one additional year through September 30, 2009. RENT: Rent shall be One Dollar ($1.00) per annum. RIGHTS AND RESPONSIBILITIES OF LESSEE: • May use the Premises for navigational aid operations and no other purpose. Any unauthorized use of the Property shall constitute a breach of the lease and cause its immediate termination. • To the extent permitted by law, assumes the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its officers, invitees, employees and agents associated with the use of the Premises. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Assumes responsibility for the maintenance of the Premises and the means of ingress and egress during the lease term. • Shall notify the Lessee prior to the placement of any item onto the structure which holds the navigational aids and associated equipment. TERMINATION: The Lessee may terminate this lease upon giving the City thirty (30) days written notice. 11.\0I D\REAL ESTATE\LEASES\Coast Guard- Rudee Inlet Light Tower\Ordinance.Summaryofrern>s.doc STANDARD FORM 2 FEBRUARY 1965 U.S. GOVERNMENT EDITION GENERAL SERVICES LEASE FOR REAL PROPERTY ADMINISTRATION FPR (41 ('FR) 1-16.601 DATE OF LEASE I LEASE No. THIS LEASE, made and entered into this date by and between CITY OF VIRGINIA BEACH whose address is - 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9031 and whose interest in the property hereinafter described is that of Owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: 6' x 6' parcel of land located 25' from the end of the breakwater located on the North side of Rudee Inlet, Virginia Beach, Virginia to be used for: Government Purposes 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on May 1, 2005 through September 30, 2005, with the option to renew each year for one additional year through September 30, 2009, subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of $1, in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Virginia Beach 2405 Courthouse Drive Virginia Beach, VA 23456-9031 4. The Government may terminate this lease, at any time by giving at least 30 days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: a. Subject to availability of funds, this lease may, at the option of the Government, be renewed through 30 September 2009, at the mutually agreed rental consideration of $1 per annum, in arrears. 6. The following are attached and made a part thereof: Continuation Sheet 7a. — 7m. General Clauses Municipal Certificate 7. The following changes were made in this lease prior to its execution: IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: CITY OF VIRGINIA BEACH BY (Signature) (Signature) IN PRESENCE OF: (Signature) (Address) UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY/US COAST GUARD I BY (Signature) (Date) (Official title) I STANDARD FORM 2 FEBRUARY 1965 EDITION CONTINUATION SHEET: LESSOR: CITY OF VIRGINIA BEACH LEASE No. 7a. Availability of Funds. Unless otherwise notified, funds will become available on the effective date of this lease and all renewal dates. The Government's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the Government for payment of any money shall arise unless funds are made available to the Contracting Officer for the procurement. You will be notified immediately if funds do not become available. 7b. Administration. All administration of the subject lease will be carried out by the Government at the office listed below. If any changes relating to the sale of the property, or name and address of the lessor are made, the Government shall be notified immediately in writing by the lessor. Commanding Officer U. S. Coast Guard (pl) Civil Engineering Unit Cleveland 1240 E. 9th Street Cleveland, Ohio 44199-2060 7c. Authority. The undersigned employee of the Government hereby attests that said employee has the authority to enter into this Lease upon behalf of the United States Government, acting by and through the United States Coast Guard. 7d. Government's Liability. The Government in the manner and to the extent provided by the Federal Tort Claims Act, as amended shall be liable for claims for damages or cost and expenses, including but not limited to fire damage, loss of property, personal injury or death caused by the acts or omissions of the Government, its officers, invitees, employees and agents in the use of the property. 7e. Improvements. Title to all property, which the Government may place upon or attach to the Leased premises, shall be and will remain the property of the Government, and the property of the Government may be removed or otherwise disposed of by the Government in accordance with applicable law. 7f. Interference. Lessor shall notify this office, per paragraph 7c., prior to placement of any item onto the structure which hold the aids to navigation and associated equipment. Nothing shall be placed on the structure that would interfere with the operation of the aids to navigation and associated equipment or impair access. 7g. Ingress and Egress. The Government shall have the right of ingress and egress at all times for authorized U. S. Coast Guard personnel or its agents. 7h. Local Government Point of Contact. Officer in Charge, Coast Guard Aid to Navigation Team Hampton Roads (757) 483-8520 7i. Modifications. No modifications of this agreement shall be made except in writing signed by all of the parties hereto 7j. Ownership. The Lessor affirms and warrants that the Lessor owns/possesses the property and such lease is and will be effective for all heirs, assignors, executors, administrators and successors and to the Lessor for the described property. 7k. Repair and Maintenance. The Lessor shall be responsible for repair and maintenance of the leased property and the route of ingress and egress during the period of this agreement. 71. Payments. Payments shall be made by the Coast Guard Finance Center. Commanding Officer (0240) U. S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326-0240 Phone: (757) 523-6940/(800)564-5504 7m. Assignment. This agreement may not be assigned by the Government. GENERAL CLAUSES - (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) For the applicable clauses "jetty" is substituted in place of "building" and "Lessor" is. substituted in place of "Contractor". Y 1. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the .Lessor's performance under this lease. 2. If the building is partially or totally destroyed or damaged by fire or other casualty so that the leased space is untenantable as determined by the Government, the Government may termindte the lease 3 . upon 15 calendar days written notice to the Lessor and no further rental will be due. 3. The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide written documentation that building systems have been maintained, tested, and are operational. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract The Government may deduct any cost incurred for the service or item, including administrative costs, from the rental payments. 5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in fall text Upon request, the Contracting Officer will make the full text available, or the full text may be found as GSA Form 3517C at http://www.gsa.lzov/leasingfonn. 6. The following clauses are incorporating by reference: 552-203-5 COVENANT AGAINST CONTINGENT FEES (FEB 1990) (Applicable to leases over $100,000.) GSAR 5 FAN2.2D9-6 FAR 52.219-9 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER (SEP 1999) pplicable to leases over $100,000.) PR G THE GOVERNMENTeSEB)A� HEN SUBCO G WITH CONTRRRED, SUSPENDED, OR PROPOSED DEB (Applicable to leases o $25,0 . SMALL BUSINESS (Applicable to lease PLAN (JAN 2002) FAR 52.219-16 LIQUIDA DAMAGES — SUBCONTRA G PLAN (JAN 1999) le to leases over $500,000.) GS:*E ATION, SUBMISSION, AND NEGOTIATIONOF TRACTING PLANS (SEP 1999) le to leases over $500,000 if solicitation requires submission o cting plan with initial offers.) INITIALS: LESSOR GOVERNMENT GSA GSA FORM 3517A PAGE 1 (REV 7/04) SAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (SEP 1999) (Applicable to leases over $500,000 if solicitation does not require submissio the subcontracting plan with initial offers.) FAR 52.2 -26 EQUAL OPPORTUNITY (APR 2002) (Applicable to leases over $10,000.) 3 FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (F 1999) plicable to leases over $10,000.) f FAR 52.222-35 EQU OPPORTUNITY FOR SPEC ISABLED VETERANS, VETERANS OF THE IETNAM ERA, AND 0 ELIGIBLE VETERANS (1>EC 2001) (Applicable leases over $10,0 FAR 52.222-36 AFFIRMATIVE . CTIO OR WORKERS WITH DISABILITIES:-(JUN 1998) (Applicable to lease er $2,500.) FAR 52.222-37 EMPLO REPO S ON SPECIAL DISABLED VETERANS, VETE S OF THE VIE ERA, AND OTHER ELIGIBLE VETERANS (DE 001) pplicable to leases over $10.00 FAR 52.232-;---- ASSIGNMENT OF CLAIMS (JAN 19-N (Applicable to leases over $2,500.) GSAR 552.232-75 PROMPT PAYMENT (SEP 1999) GSAR 522.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT. (MAR 2000) FAR 52.233-1 DISPUTES (DULY-2002) 215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DAT licable when cost or pricing data are r r services over $500, 5-12 SUBCONTRACTOR COST OR PR TA (OCT 1997) (Applicable when the clause at FAR 52.215-10 is app The information collection requirements contained in this solicitation/contract, that are not' required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction act and assigned the OMB Control No. 3090-0163. MIALS: & GSA FORM 3517A PAGE I (REV 7/04) LESSOR GOVERNMENT MUNICIPAL CERTIFICATION certify that I am the of the Municipality named in the attached lease; that said lease on behalf of the Municipality was then who signed of said Municipality; that said lease was duly signed for and in behalf of said Municipality by authority of its governing body, and is within the scope of its Municipal powers. MUNICIPAL SEAL J i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $107,781 in State Funding, Create Four Additional Positions, and Transfer the Pretrial and Community Corrections Program Budgets to the Human Services Operating Budget MEETING DATE: July 12, 2005 ■ Background: The Pretrial and Community Corrections programs are sponsored by a State grant. Community Corrections has been a stand alone agency that reports to the City Manager's Office while Pretrial has remained under the Sheriffs supervision. Over the past years, both programs have had caseloads that are more than triple the recommended minimum for caseworkers. This has caused administrative difficulties. As a result of Virginia Beach's high caseload, the State has awarded $85,000 in additional funding for one new position in Community Corrections and one new position in Pretrial and $22,781 to assist with increasing program costs. Even with these new positions the caseloads for both programs remain above State recommended minimum levels: Community Corrections Locality Average Daily Caseload Number of Caseworkers Offender to Staff Ratio Virginia Beach (before position) Virginia Beach afterposition) 1113 1113 7 8 159 139 Norfolk 1015 7 156 Hampton/Newport News 1476 14 105 Chesapeake 259 4 74 Fairfax 860 9 66 State Recommended Minimum N/A N/A 50 Pretrial Locality Average Daily Caseload Number of Caseworkers Offender to Staff Ratio Virginia Beach (before position) Virginia Beach afterposition) 241 241 4 5 60 48 Norfolk 254 9 34 Hampton/Newport News 262 10 22 Fairfax 270 10 27 State Recommended Minimum N/A N/A 25 As Council has been informed, the Sheriff has indicated a desire to stop running the Pretrial program. After meeting with the Sheriff, he affirmed this position. Due to the Sheriff's wishes and after consulting with the Department of Criminal Justice Services (DCJS), staff recommends transferring the Community Corrections and Pretrial programs to the Department of Human Services. Community Corrections will be transferred immediately, and Pretrial will be transferred no later than October 1, 2005. The full amount of the Community Corrections budget ($568,228) and three -fourths of Pretrial budget ($230,638) will be transferred to Human Services with the adoption of the ordinance. In addition, the Sheriff previously had funded outside of the grant one additional position to help supervise the program. This position is essential to the continuation of the Pretrial program and was reflected in the grant application to the State. This additional FTE for the Pretrial program should be reauthorized, though no additional funding is needed. Funding for this position will be transferred from the Sheriff's budget along with the transfer of the budget for the Pretrial program. Audit Services has examined the Community Corrections program and found that due to high caseloads, several administrative functions have been omitted. While a full audit has not been conducted for Pretrial, there have been indications from the State that the Pretrial program has similar administrative issues. As a result of the high caseloads and administrative difficulties, staff is recommending that Council approve the two caseworker positions authorized and funded by the State for FY 2005-06. In order to assist both programs in getting a better handle on their caseload, overcoming administrative problems, and sorting through the problems of a combined program, staff also recommends a City -funded temporary FTE who will assist both programs for one year. This position would be eliminated one year after approval unless additional state funding can be obtained to bolster staffing levels. ■ Considerations: Over the past five years, these programs have received level funding from the State which has required the City to supplement both programs due to rising health care costs and salary increases. If the State continues level funding of both programs, the City may have to increase its funding to both programs (though such is not required). It is estimated that each position with fringes will cost roughly $46,800 in the first year with State funding per position totaling $42,500. It is anticipated that the State will continue to contribute $42,500 for each position, but the cost of health insurance and merit raises will increase the costs of these positions over time. The City will be able to use the additional $22,781 awarded from DCJS to offset the salary costs, but due to increased operational costs the City's contributions to the program will not decrease. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: Council can refuse to appropriate this funding. However the caseloads of these programs are almost triple the size of the recommended minimum and among the highest in the State for both programs. These caseloads have contributed to the administrative problems with both programs. In addition, City Council can choose to deny the temporary FTE to assist both programs, but the administrative issues would remain. the City Attorney, the City stands to risk losing $12 million of State reimbursement for the jail construction if the Pretrial program is eliminated. After consulting with members of City staff, it was recommended that a logical place for both programs was the Department of Human Services given their familiarity with individuals who have substance abuse problems and mental health problems. ■ Recommendations: Approve two additional grant FTEs and appropriate $107,781 in State revenue. Approve two city -funded FTEs, one of which is for only one year to assist both programs. Transfer the budgets of Pretrial and Community Corrections to the Department of Human Services. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: S k tt_ V 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $107,781 IN STATE FUNDING, CREATE FOUR 3 ADDITIONAL POSITIONS, AND TRANSFER THE 4 PRETRIAL AND COMMUNITY CORRECTIONS 5 PROGRAM BUDGETS TO THE HUMAN SERVICES 6 OPERATING BUDGET 7 8 9 WHEREAS, the State of Virginia Department of Criminal 10 Justice Services has awarded additional funding for the Pretrial 11 and Community Corrections programs; 12 WHEREAS, the City Manager has decided to relocate the 13 organizational placement of the Community Corrections and 14 Pretrial programs to the Department of Human Services and; 15 WHEREAS, the combination of the Pretrial and Community 16 Corrections programs will require additional administrative 17 assistance. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That the Fiscal Year 2005-2006 Operating Budget is hereby 21 amended as follows with an effective date of July 1, 2005 unless 22 otherwise noted: 23 a. That $55,258 is transferred from the Reserve for 24 Contingencies to the Human Services Operating Budget 25 and two full time positions are authorized in the 26 Department of Human Services, one position lasting 27 for only one year to assist with the transition of 28 Community Corrections and Pretrial. 29 b. That $568,228 is hereby transferred from the 30 Community Corrections Budget to the Human Services 31 Operating Budget, and $59,586 is hereby accepted 32 from the Commonwealth of Virginia and appropriated 33 to the Human Services Operating Budget for one full 34 time position and related costs. 35 c. That $230,638 is hereby transferred from the budget 36 of the Sheriff's Department to the Human Services 37 Operating Budget effective on October 1, 2005 and 38 $48,195 is hereby accepted and appropriated for one 39 full time position and related costs. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia on the day of Approved as to Content o Management Services 2005. Approved as to Legal Sufficiency )4,0� City Attorney's Office CA9663 PA/GG/ORDRES/Community Corrections and Pretrial Positions.ORD R-3 July 6, 2005 J. PLANNING Application of 7-ELEVEN, INC. for a Conditional Use Permit for fuel sales in conjunction with a convenience store at 4554 Wishart Road (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 2. Application of WAWA, INC. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store at Diamond Springs Road and Northampton Boulevard. (DISTRICT 4 — BAYSIDE) RECOMMENDATION: APPROVAL 3. Application of AZALEA GARDEN CHURCH OF GOD for a Modification of a Conditional Use Permit (approved by City Council on August 25,1998), to reduce the size of the Family Life Center and provide for the addition of a Food Bank building at 1541 Centerville Turnpike. (DISTRICT 1— CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of BILLY W. CHAPLAIN for the discontinuance, closure and abandonment of a portion of Rudee Avenue at 13ffi Street (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, July 12, 2005, at 6:00 p.m. The following applications will be heard: DISTRICT 4 - BAYSIDE 1. 7-Eleven, Inc. Application: Conditional Use Permit for fuel sales in conjunction with a convenience store at 4554 Wishart Road (GPIN 14784790900000). 2. Wawa, Inc. Application: Conditional Use Permit for gasoline sales in conjunction with a convenience store at Diamond Springs Road and Northampton Boulevard (GPINs 14691054020000; 14691061520000 - part of; 14691031300000 - part of; 14691041630000 - part of; 14691041670000 - part of). DISTRICT 1- CENTERVILLE 3. Azalea Garden Church of God Application: Modification of a Conditional Use Permit approved by City Council on August 25, 1998. This request reduces the size of the Family Life Cen- ter and provides for the addition of a food bank building at 1541 Centerville Turnpike (GPIN 14557510480000). DISTRICT 6 - BEACH 4. Billy W. Chaplain Application: Discontinuance, closure and abandonment of a portion of Rudee Avenue. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amend- ments 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 assistance at this meeting, please call the CiTY CLERIC'S OFFICE at 427-4303. Hearing impaired, call: Virginia Relay at 1-800-828-1120. The Planning Commission Agenda is available through the City's Internet Home Page at : http://www.vb-pr—o-v.com/planningcommission Beacon June 26 & July 3, 2005 13420217 Map E—S Map Nol, to Scale 1111 O lie W Conditional Zoning - Recorded Proffers CUP - Fuel Sales CITY OF VIRGI .NIA BEACH AGENDA ITEM ITEM: 7-Eleven, Inc. — Conditional Use Permit (fuel sales in conjunction with a convenience store) MEETING DATE: July 12, 2005 ■ Background: An Ordinance upon Application of 7-Eleven, Inc. for a Conditional Use Permit for fuel sales in conjunction with a convenience store on property located at 4554 Wishart Road (GPIN 14784790900000). DISTRICT 4 — BAYSIDE ■ Considerations: The applicant requests a Conditional Use Permit to allow fuel sales in conjunction with a proposed convenience store. The Planning Commission placed this item on the consent agenda because they felt the proposal is in conformance with the Comprehensive Plan's recommendations and is a good redevelopment of this corner. In addition, the applicant agreed to upgrade the architectural elevation of the building. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: The site shall be developed in substantial conformance with the submitted site plan entitled, "7-Eleven Corporation Convenience Store with Gas, PRELIMINARY SITE PLAN, Intersection of Independence Blvd and Wishart Road, Virginia Beach, Virginia, " dated May 18, 2005, prepared by Blakeway Corp. Said plan is on file in the City of Virginia Beach Planning Department. 2. All of the building's facades and the canopy shall be constructed in substantial conformance with the elevations entitled, " 7-Eleven Convenience Store with Gas, Rendering SP-14," prepared by URS. The building shall be constructed of predominately redish brown brick and the canopy columns shall be wrapped in redish brown 'rick, both as depicted on the elevation. Said elevation is on file in the City of Virginia Beach Planning Department. 7-Eleven, Inc. Page 2 of 2 3. Any dumpster and/or air and vacuum areas shall be enclosed with a solid brick wall to match the building and landscaped in accordance with Section 245(e) of the Zoning Ordinance. 4. Signage for the site shall be limited to: a. traffic control signs; b. one monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick; and c. signs and striping on the canopy, as depicted on the submitted elevation. d. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted. There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and / or doors, canopy, light poles, or any other portion of the site. 5. No outdoor vending machines and / or display of merchandise shall be allowed. 6. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 7. Bicycle racks shall be provided near the entrance of the store. 8. The canopy lighting shall be low level and recessed, if possible. If a recessed fixture is not possible, a flat lens shall be used. 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 lumens 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." ■ 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 Manage 7-ELEVEN, INC Agenda Item # 6 June 8, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for fuel sales <xop E s , I B- 009 t .� 1 1 0 rw � 000 G0o9. o, Eleven. I ma ■ W—Uld CUP - Fuel Sales ADDRESS / DESCRIPTION: Property located 4554 Wishart Road, northeast corner of Independence Boulevard and Wishart Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14784790900000 4 - BAYSIDE .77 acres The applicant requests a Conditional Use Permit to allow fuel SUMMARY OF REQUEST sales in conjunction with a proposed convenience store. LAND USE AND ZONING INFORMATION EXISTING LAND USE: vacant site, formerly a convenience store. SURROUNDING LAND North: . Auto repair (oil change) / B-2 Community Business District USE AND ZONING: South: . Wishart Road, bank, multifamily dwellings / B-2 Community Business District, A-12 Apartment District East: . Veterinarian / B-2 Community Business District West: . Independence Boulevard, mixed retail, fuel sales / B-2 Community Business District NATURAL RESOURCE AND There are no noteworthy environmental features on the site. This CULTURAL FEATURES: former convenience store is almost entirely imprevious. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. 7-'ELEVEN, 41NIC. Agenda Item. # 6 Page l IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard is a six (6) lane divided roadway that transitions to four (4) lanes immediately to the north of this site. It is identified in the MTP as a 150 foot wide right-of-way. There are no roadway projects for this section of Independence Boulevard shown in the CIP. Wishart Road is a residential, two (2) crane collector. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Independence 40,000 ADT 27,300 ADT (Level of Existing Land Use — Boulevard Service "D") — 31,700 ADT 2,023 ADT ' (Level of Service "E") Proposed Land Use 3- 3,305 ADT Average Daily Tnps 2 as defined by existing, vacant gas service station with 12 fuel pumps 3 as defined by convenience store with 8 fuel pumps WATER: There is a 12- inch City water line along Independence Boulevard and a 24 inch water line and an 8 inch force main along Wishart Road. This site has an existing water meter (#95012195) that may be used or upgraded. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #341 and the sanitary sewer collection system is required to ensure future flows can be accommodated. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The Plan's policies for this area emphasize the strong need to preserve, protect, and enhance the overall character, economic value, and aesthetic quality of surrounding neighborhoods. The policies generally support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is a good redevelopment of this corner. The attractive architecture and the installation of landscape material will dramatically improve the aesthetics of this property. The design and building materials of the proposed convenience store and canopy are good. The elevations depict an all brick building with a detached canopy with brick columns that match the brick of the building. While the trip generation figures do reflect an increase in traffic with the addition of a convenience store on an already over burdened road, typically this type of operation is not a destination point. In other words, the general public will not travel a great distance to visit this site, but rather, motorists will stop to purchase gasoline or convenience items while they are already out traveling to another destination. It should be noted that an actual survey of the property was not performed; therefore, the applicant has been made aware that additional comments from City agencies may be forthcoming based on actual conditions found in the field. CONDITIONS 1. The site shall be developed in substantial conformance with the submitted site plan entitled, "7-Eleven Corporation Convenience Store with Gas, PRELIMINARY SITE PLAN, Intersection of Independence Blvd and Wishart Road, Virginia Beach, Virginia, " dated May 18, 2005, prepared by Blakeway Corp. Said plan is on file in the City of Virginia Beach Planning Department. 2. All of the building's facades and the canopy shall be constructed in substantial conformance with the elevations entitled, " 7-Eleven Convenience Store with Gas, Rendering SP-14," prepared by URS. The building shall be constructed of predominately redish brown brick and the canopy columns shall be wrapped in redish brown brick, both as depicted on the elevation. Said elevation is on file in the City of Virginia Beach Planning Department. 3. Any dumpster and/or air and vacuum areas shall be enclosed with a solid brick wall to match the building and landscaped in accordance with Section 245(e) of the Zoning Ordinance. 4. Signage for the site shall be limited to: a. traffic control signs; b. one monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick; and c. signs and striping on the canopy, as depicted on the submitted elevation. d. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted. There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and / or doors, canopy, light poles, or any other portion of the site. 5. No outdoor vending machines and / or display of merchandise shall be allowed. 6. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 7. Bicycle racks shall be provided near the entrance of the store. 8. The canopy lighting shall be low level and recessed, if possible. If a recessed fixture is not possible, a flat lens shall be used. 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 lumens 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." 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. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 7-ELEVEN, INC. AgendaItem# 6 Page 5 Z Q J a. W I— W U) 0 a. 0 w 0- 7-ELEVEN, INC. AgendaItem# 6 Page 6 opm v. Md t.zIVIOV," V 7-ELEVEN, INC. Agenda Item # 6 Page 7 Map E-S Map Not to Scale 2 3 4 5 6 002 3G C 7 ] REEDTOWN ST T C f�n_� O 014^ I - I I � �—� � 1 1 11711.11W.'sal ona! Zoning - Recorded Proffers CUP - fuel Sales 06/13/00 CUP (auto repair) Granted 06/13/00 Change of Zoning (R-15 to Conditional B- Granted 2) 01/10/95 Change of Zoning (0-2 to A-12) Granted 11/17/86 CUP (age restricted housing) Granted 11/17/86 Change of Zoning (B-2 to 0-2) Granted 08/09/94 Change of Zoning (R-15 to B-2) Granted 03/28/88 Reconsideration of Conditions Granted 12/02/85 Change of Zoning (R-4 to 0-1) Granted 01/25/88 Change of Zoning (R-4 to R-6) Denied 09/09/85 CUP (auto service) Granted 7-ELEVEN, INC. Agenda Item # 6 Page 8 0 z z N DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: i 1. List the applicant name followed by the names of all officers, members, trustees; partners; etc. below: (Attach list if necessary) 7-Eleven Inc. See attached sheet for list of officers 2. List all businesses that have a parent -subsidiary` or affiliated business entity` relationship with the applicant: (Attach list if necessary) See attached sheet. I ❑ Check here if the applicant is NOT a corporation, partnership, firm, business; or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership. firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) I I 2. List all businesses that have a parent -subsidiary, or affiliated business entity` relationship with the applicant: (Attach list if necessary) X Check here if the property owner is NOT a corporation, partnership, firm, business. or other unincorporated organization. 1 & ` See next page for footnotes Conditional Use Permft Application Page 10 of 1 Revised 2'18;2004 7-ELEVEN,, INC. AgendaItem# 6 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services; accounting services and legal services: (Attach list if necessary) URS Corporation LeClair Ryan A Professional Corporation: Rood & Smith. P.C.. Commercial Investment Properties LLC t "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act; Va. Code § 2,2-3101. "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act; Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing j according to the instructions in this package_ Stephen R. Romine. Agent A i cacannt'8 Sig�naa ure� � Print Name I Doris B. Ward 1 Property Orovner's Signature (if different than applicant) Print Name Conditional iJse Perm, A.?olicaticn Pare 1 t o` :1 Revised 1�19I2004 F- W W F- a W 0 J C� r= 7-ELEVEN, INC. Agenda Item # 6 Page 10 Logli h► meta 7-Etas, au. ate CM (rtavtaasifw 2003) lathes W. Key" Pnsldwtt and Chief 0momwe Offiaar Executive Vice President Operations t3n F. Snft, 3r. EXWAk a Vida P(QSWO t, Ganarat Court and S+eaetary Masuld Asalan Sabot Vita Prudent t5dw" W. Monsywny Senior Vice Presider t and Chief FUtancial Officer David H. Podastiti SNOW Vim Prs Ma ftnr3" C Mls L. Dark vim Prsodwvr SoWttwa# DMdon 300wb M. Depbft Via Par ww*, Operrations Rw* S. t3acrdilna VACS prasldmt, ptwolso 3*w W. Harris Vtaa praddart, f WICIa Dlvidae David G. May VW Pruwm* , ROM Padfk Division Gary C. locldaart Vtoa Prowatt, Gasoline Pap K. liorraw Vice k2oldent and War bftffwAlon OMcw Vice PraNUrtt and Tfusmw Vice Prodderft, Great LaW DNblon HammScup A. +tea M.. am Siton4 VIM Pre DlYliion Donald IS Yhortwa Rl* tlpdya Vie passldenr, CsnvW DMaion Vice proid" titWim as DevelopmenVI-Cmwera H z W 2 W H U) W w O V r07 ASSISTANT SECRETARIES OF 7-ELEVEN, INC. AS OF APRIL 7, 2MN13 Harvey W. Blitz Assistant Secretary Frandnlse Specialist, ©neat Lakes Division Stews Bonvifie Assistant Secretary Franchise Spedallst, Southwest Division Marguerite W. Brlrtdodc Assistant Secretary senior RealEstate Representative, Corporate Real Estate Rdart D. Bryant Assistant Zit Statistics Supervisor, Corporate Real Estate Ronald J. Bryant Assistant Secretary Manager. Corporate insurance Kerry S. Burson Assistant tary Div r�dta xWV mar, Md-Pacific Division JOB L Carlton Assistant secretary Direct, Fresh Food OpBratlons Edward A Carnevale, Jr. Assistant Secretary Senior Construction Manager David Clark, Jr. Assistant SecsetarY Leo Department J. Michael Cof rnan Assistant Secretary Lepai Department Nancy S. Corral Assistant Secretary Regional Fmod6s Sped" Great Lakes Division Robert J. Cozens Assistant Secretary Sales & Merdtandesirtg Nlanager, Northeast Division Sandra D. Cunningham Assistant Secretary Director. Tex Levy K Carry Assistant Secretary Director, cornperwatim and Benefits Mil R. Davis Assistant Secretary Vice President and Assistant General Counsel Joanne K. DeUxe= Asdstant Secr'etar}+ F— Z W 2 H Q F— U) 0 J IA w Sales & Merchandising Manager, Southwest DWion John DeMiguel Assistant Secretary Market Manager, Mid-Pac hIc DWIon David T. Fenton Assistant Secretary Legal Depaunent Gary P. Fullingtart �t der, crate Real Estate Rankin L. Gaseway Assistant Secretary Legal Department Gary M. GM Assistant Secretary Franchise Spedagst, Northeast Division Gary L GMh Assistant Secretary Franchise Specialist, Mki-Paclflc Division Suwon E. Hall Assistant wry Vice President, Real Estate and Development Suzanne Harrison AssistantSecretary Departnefd Thomas R. Heenan Aeaisisnt Sea abq Legal Department Ja nd Henry AssIstantSecreho Human Resource Manager, North Pac Ift Division Michael D. t ievron AmistartSecreho Senior Tax A40K CorporateTax David B. Holland Assistant Sec rotary Manager, Carparste Rest Estate Robert M. Jenkins Assktent Secretary Vice President, ksermffianal iCyta.Joturron AsslstaM Outside Counsel Motion Matters OniY) Troy D. memilams Assistant Secretary Market Mang, Chesapeake Division H Z Ui H a CO 0 J G wi fiam P. Nolan Assistant Secretary Sales & Merchandising Manager, Great Lakes Divisim Chadotle Pamphlis Aunt Secretary Regiomi Franchise SpecaNd, Northeast Division MWml D. Petty Assisthrht Secremy Legal Deparbnsnt Detuft G. Phelps Assistant Secretary Sales & Merchandising Maragr, Cenfi W Olvision Craig Pno Asslstmt Secretary Market Manager, MkWadk Division Kevin P. Pullin Assistant Secretary Market Manager, Soultwveat D'[vialon Cynthft L. Rictuardson ANISterItSWO121Market Manager, ak Division James S. PAbodson; SmaMerchandising +'nor, North Peeft DIviston Arthur E. Rrbinett Assistant Secretary Legal Depwiment h Ok9CW` FaCOtles and Energy Robert M. Rutledge b y ANYs Manager, C"porate Taac Ltayd T. Scott Loss Pftwr ion Mwftw, Chssa;pealce Division Steven R. &Mftft Assistant Secretary Legal Deparimarrt Shahki Sheik! pealm D Wm Jetty L. Shemhan Assam Secratwy Senior Tax Agent, Corporate Tax James R. Sleeva Assistant Seaetary Sates & MerdwAWng Manager, Chesapeake Division Mangan M. Smith Assistant SwretfflY CAorporaft Real Estate W iL Q W 0 V lie John D. Steczynski Assistant Secretary Franchise Specialist Northeast Division J. Donald SUNanson, Jr. Assistant Secretary Legal Department Gloda Swhns Assistant Secretary Fromm Speddst, Southwest Division Robed J. Tvblasz Assistant Sernat y Market Manager. treat Lakes Dlvdsion Bay Tran Assistwt Secretary Fold Consultant, Chesapeake Division Laurie A. Trotta Assistant Secretary Franchise Specialist, Norhmst Division AntoniaVarela AssMaantSomah" Regional Frandtbe Specialists MId-PacJlk Division Jenne Webb -Joyce AssistantSecretary Na*xiW Franchise System Manager Tema C. Wiley Assistant Secretary Saws Tax Manew John W."I de Assistant Sscr lwy Vice Preoident, Communications Robert S. Wohkmn Assam Secretary Fmnd bm SpedaUst. North Pacific Division F— Z W W F— Q U) W O J V U) 1-, Applicant Disclosure 2. Businesses that have a Parent — subsidiary or Affiliated Business Entity Relationship with 7-Eleven, Inc. Ito-Yokado Co., Ltd. Seven - Eleven Japan Co., Ltd. IYG Holding Company Jurisdiction of Incorporation - ACTIVE: Bawco Corporation ---Ohio Bev of Vermont, Inc. Vermont Brazos Comercial E Empreendimentos Ltda. Brazil Cityplace Center East Corporation Texas Cityplace Nevada L.L.C. Nevada Merin Enterprises, Inc. —Colorado Phil -Seven Properties Corporation Philippines Puerto Rico - 7, Inc. -- Puerto Rico Sao Paulo -Seven Comercial, S.A. Brazil 7-Eleven Beverage Company, Inc. Texas 7-Eleven of Idaho, Inc. — Idaho 7-Eleven of Massachusetts, Inc. — Massachusetts 7-Eleven of Nevada, Inc. Delaware 7-Eleven of Virginia, Inc. ------Virginia 7-Eleven Sales Corporation — —Texas 7-Eleven Canada, Inc. -- ---- -- -- Canada 7-Eleven international, Inc. — — Nevada Southland international Investment Corporation N.V. Netherlands Antilles 7-Eleven Sales Corporation Texas TSC Lending Group, Inc. Texas Valso, S.A. Mexico INACTIVE; Lavicio`s, Inc. — — CaliforniaMTA CAL, Inc. California The Southland Corporation ---- Texas 7-Eleven Limited United Kingdom 7-Eleven Pty. Ltd. — Australia 7-Eleven Stores (NZ) Limited — -- - _-- --- — New Zealand SLC Financial Services, Inc. — - - — Texas The Seven Eleven Limited — - Hong Kong F- Z W 2 W H a U) W O .J ci W Item #6 7-Eleven, Inc. Conditional Use Permit 4554 Wishart Road District 4 Bayside June 8, 2005 CONSENT William Din: My next item is Item #6 7-Eleven, Inc. This is an application of 7-Eleven, Inc. for a Conditional Use Permit for fuel sales in conjunction with a convenience store on property located at 4554 Wishart Road in the Bayside District, and there are eight conditions associated with this item. Steve Romine: Madame Chair and members of the Commission, my name is Steve Romine, a local attorney for 7-Eleven. We appreciate being on the consent agenda, and the eight conditions as revised are acceptable. William Din: Thank you. Is there any objection to this item being placed on consent? If not, Mr. John Waller will explain why we placed this on consent. John Waller: This property is located on the corner of Independence Boulevard and Wishart Road. Right now they got this building on there, which will be demolished and a new building will be erected. The proposal that they have is in compliance with the Comprehensive Plans recommendation for the area. It is a good redevelopment for that corner. 7-Eleven has agreed to put several of their recommendations that we had and we accepted one, which was SB-14, which is very similar to the one that is on Village Drive on Laskin Road. There are eight conditions associated with it and they are willing to comply with all of them, and we recommend the approval of the project. William Din: Thank you John. I would like to make a motion to approve the following item, Item #6, 7-Eleven, Inc., a Conditional Use Permit for fuel sales in conjunction with a convenience store located on Wishart Road in the Bayside District with eight conditions. Dorothy Wood: Thank you sir. Do I have a second? Donald Horsley: Second. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE Item #6 7-Eleven, Inc. Page 2 KATSIAS ABSENT KNIGHT AYE MILLER AYE RIPLEY STRANGE AYE WALLER AYE WOOD AYE ABSENT Ed Weeden: By a vote of 9-0, the Board has approved Item #6 for consent. Wa Wa. Inc. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Wawa, Inc. - Conditional Use Permit (gasoline sales in conjunction with a convenience store) MEETING DATE: July 12, 2005 ■ Background: An Ordinance upon Application of Wawa, Inc. for a Conditional Use Permit for gasoline sales in conjunction with.a convenience store on property located at the southwest intersection of Diamond Springs Road and Northampton Boulevard (GPINs 14691054020000; 14691061520000 — part of; 14691031300000 — part of; 14691041630000 — part of; 14691041670000 — part of). DISTRICT 4 — BAYS I DE ■ Considerations: The applicant requests a Conditional Use Permit to allow development of the site for gasoline sales in conjunction with a convenience store. The applicant proposes to develop the site with a WaWa Store and ten fueling stations. The Planning Commission placed this item on the consent agenda because they felt that it is an appropriate use for the site. The proposal is in conformance with the Compre^ensive Plan's recommendations for this area. ■ Recommendations: Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve this request with the following conditions: 1. The site shall be developed in substantial conformance with the submitted conceptual site layout and landscape plan titled "WaWa Food Mart, Northampton Boulevard and Diamond Springs Road, Virginia Beach, VA", dated 3/31/05, and prepared by MSA, P.C. 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 building and canopy shall be constructed in substantial conformance with the submitted elevations titled "WaWa Food Mart, Northampton Boulevard and Diamond Springs Road, Virginia Beach, VA", dated 4/1/04, and prepared by lynchmartinez architects, Ilc. Said plans have been exhibited to the City of Wawa, Inc. Page 2of2 Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. 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. 4. Freestanding and building mounted signs on the site shall be installed as depicted on the plan entitled, "Proposed Wawa Food Market, Diamond Springs, Signage Plan," dated 6/6/05, prepared by Wawa Inc. Engineering Dept. However, these signs must meet all requirements of Sec. 905(b) of the City Zoning Ordinance. In addition, the freestanding sign shall not exceed eight feet in height. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted on the window area. With the exception of traffic control signs and those allowed by this condition, there shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and/or doors, canopy, canopy supports, light poles, or any other portion of the site. 5. The dumpster areas shall be enclosed with a solid brick wall to match the building and landscaped in accordance with Section 245(e) of the zoning ordinance. 6. No outdoor vending machines and / or display of merchandise shall be allowed. 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 8. Bicycle racks shall be provided near the entrance of the store. ■ 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. l— 8ry� WAWA, INC. Agenda Item # 2 June 8, 2005 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for gasoline sales in conjunction with a convenience store. Meo' el� Wa RW hm 8-2 Si R,-50 \ -40 Ulf PD-H2 (R-40) 19 Q o PD-H2 (R-5D) f H CUP for gasoline Sales in coniunction with a Convenience Store ADDRESS / DESCRIPTION: Property located on the southwest intersection of Northampton Boulevard and Diamond Springs Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14691054020000 4- BAYSIDE 2.16 Acres 14691061520000 (part of) 14691031300000 (part of) 14691041630000 (part of) 14691041670000 (part of) The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of the site for gasoline sales in conjunction with a convenience store. The applicant proposes to develop the site with a WaWa Store and ten fueling stations. The submitted site plan orients the proposed convenience store, fueling stations and canopy toward Northampton Boulevard. Access to the site is proposed on both Northampton Boulevard and Diamond Springs Road. The proposed site plan depicts 64 parking spaces, including handicap accessible spaces, and one loading space. Street front screening and interior coverage landscaping are also depicted on the site plan. The submitted building elevations depict the customary design of the WaWa convenience stores. The exterior of the building will be brick and exterior insulation finish system (EIFS) with a standing seam metal roof. The proposed canopy will be complementary of the building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is undeveloped. SURROUNDING LAND North: • Intersection of Northampton Boulevard and Diamond Springs USE AND ZONING: Road South: . Undeveloped proposed Parcel B and U. S. Food Services / B-2 Business and 1-1 Industrial East: . Diamond Springs Road West: Undeveloped proposed Parcel A / B-2 Business NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural or cultural resources associated with the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Northampton Boulevard in front of this request is an eight -lane divided major urban arterial facility. No Capital Improvement Projects are slated for this area. Diamond Springs Road in front of this request is a four -lane divided minor suburban arterial facility. The Master Transportation Plan proposes a six -lane divided facility with a 150-foot right of way. No Capital Improvement Projects are slated for this area. Traffic Engineering will be looking at the following issues during detailed site plan review: • Elimination of the proposed entrance and right turn lane on Diamond Springs Road, closest to the Northampton Boulevard intersection. • Construction of a right turn lane southbound along Diamond Springs Road and a left turn lane northbound along Diamond Springs Road for the entrance to be shared by WaWa and proposed Parcel B. • Extension of the right storage lane along eastbound Northampton Boulevard to accommodate right turning vehicles into the proposed ingress / egress easement for WaWa and proposed Parcel A. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Northampton 61,621 ADT 64,260 ADT Existing Land Use — 0 Boulevard ADT Diamond Springs 21,493 ADT' 28,200 ADT' Proposed Land Use 3- Road 4,989 ADT WATER: This site must connect to City water. There are 12-inch water mains in both Diamond Springs Road and Northampton Boulevard, and a 20-inch water transmission main in Northampton Boulevard. There is a six- inch water main running north to south through the site. SEWER: This site must connect to City sanitary sewer. There is an eight -inch sanitary sewer main and terminal manhole in Northampton Boulevard, encroaching on the site. Sanitary sewer and pump station analysis for pump station #326 will be required to determine if flows can be accommodated. The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN Strategic Growth Area #1. The Plan policies for this Strategic Growth Area recognize that this area has evolved into a major employment center in South Hampton Roads. They also recommend that where opportunities exist, this employment center's strengths as a major corporate, employment and industrial base be continued, contingent upon a common set of planning principles being met regarding efficient use of land resources; full use of urban services; compatible mix of uses; range of transportation opportunities; and detailed human design. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with conditions recommended by staff. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Development provisions provided by this request ensure consistency with the Plan policies established for Strategic Growth Area #1. The development proposal demonstrates a strong commitment to providing an exceptional quality product. The site and building design and selection of building materials enhance the surrounding area; the development is well -organized and configured to promote community aesthetics, and safe and functional vehicular and pedestrian access and circulation; provision of a functional and attractive storm water management system to accommodate increased runoff; and assurances that the 24-hour per day operation will not be disruptive to the adjacent area. CONDITIONS 1. The site shall be developed in substantial conformance with the submitted conceptual site layout and landscape plan titled ' WaWa Food Mart, Northampton Boulevard and Diamond Springs Road, Virginia Beach, VA", dated 3/31/05, and prepared by MSA, P.C. 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 building and canopy shall be constructed in substantial conformance with the submitted elevations titled ' WaWa Food Mart, Northampton Boulevard and Diamond Springs Road, Virginia Beach, VA", dated 4/1/04, and prepared by lynchmartinez architects, Ilc. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. 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 ^,,-."WAWA, INC. Agenda Item # 2 Page 3 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. 4. Freestanding and building mounted signs on the site shall be installed as depicted on the plan entitled, "Proposed Wawa Food Market, Diamond Springs, Signage Plan," dated 6/6/05, prepared by Wawa Inc. Engineering Dept. However, these signs must meet all requirements of Sec. 905(b) of the City Zoning Ordinance. In addition, the freestanding sign shall not exceed eight feet in height. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted on the window area. With the exception of traffic control signs and those allowed by this condition, there shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and/or doors, canopy, canopy supports, light poles, or any other portion of the site. 5. The dumpster areas shall be enclosed with a solid brick wall to match the building and landscaped in accordance with Section 245(e) of the zoning ordinance. 6. No outdoor vending machines and / or display of merchandise shall be allowed. 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 8. Bicycle racks shall be provided near the entrance of the store. 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. 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. � Sp, 3a CL Nsn E. � H sn QC seuaa N0 WI -If U :o t u nwa cane^^^^ffffrNa U X N 'i C m p 41 =g omic� ft Cf 0 i1 & V it 61'S5� Cf.01 O+ p ,, O.�' IL w � y a� 3 0 U. o E a a M E c 0 y L E � � Z Q a LU O CL a Z O H Q W _J W Z_ G J m 0 W CO O IL O a AA„— !• A R;,50 TTT ??T 7' YY� a l nC. -o PD-"2 (R-4o) PD-"2 (R-5D) IX(' J CI 1P for Casolin P. Sales in coniunction with a Convenience Storer WA 1. 4/7/65 Rezoning (C-1-1 Limited Commercial and R-S 3 Residence Suburban to C-G3 General Commercial) and a Conditional Use Permit Automobile Service Station Approved 2. 12/9/97 Street Closure A roved 3. 8/27/97 Conditional Use Permit Recreational Facility) Denied 4. 2/27/89 Rezoning R-51D Residential to B-5 Community Business Approved 5. 12/2/98 Conditional Use Permit Automotive Repair) Approved 0 U) C'3 _Z Z N ON DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See Attached List of Officers 2. List all businesses that have a parent -subsidiary' or affiliated business ent1ty2 relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) DPOD, LLC: Arthur B. Sandler, Sheri S. Bigel, Steven B. Sandler, Trustees of the Sam and Reba Sandler Grandchildren's Trust dated 3117188, Member & L. M. Sander & Sons, Inc., a Virginia corporation, Steve B. Sander, President; Arthur B. Sandler, Vice President/Secretary 2. List all businesses that have a parent subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 911/20D4 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES •, List all known contractors or businesses that have or will provide services with respect �r `7 to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal I�1 services: (Attach list if necessary) MSA, P.C. Sykes, Bourdon, Ahem & Levy, P.C. Lynch Martinez Architects, L.L.C. "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the �{ voting power of another corporation," See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 02!!: Q z 0 V CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. By:� Applicant's Signature Print Name Virginia Beach L.K.E., L.L.C. Bv: Property Owner's Signature (if different than applicant) Print Name Condi!ionat Use Permit Application Page 10 of 10 Revised 9,1/2004 �4 W:lWA, INC. Corporate Officers President and Chief Executive Officer Executive Vice President - Administration and Finance Executive Vice President - Supply Chain, ?Marketing and Human Resources Senior Vice President- Law, and Government Relations, General Counsel and Secretary Senior Vice President - Real Estate Assistant Secretary Senior Vice President - Store Operations Senior Vice President — Safety, Quality Assurance and Finance Vice President - Human Resources Vice President — Petroleum Supply Assistant Secretary and Treasurer Assistant Secretary Richard D. Wood, Jr. Edward H. Chambers Howard B. Stoeckel Vincent P. Anderson Joseph C. Losak Henry J.McHugh There du Pont Karen J. Casale James K. Bluebello Anne Marie Murray ,Mark N. Suprenant Assistant Secretary Roxanne Arena I— W W F- Q I— N W O J V N W Item #2 _ Wawa, Inc. Conditional Use Permit Southwest intersection of Diamond Springs Road and Northampton Boulevard District 4 Bayside June 8, 2005 CONSENT Dorothy Wood: Now we will go on to our consent items. Our Vice Chairman will be handling this, Mr. Din. William Din: Thank you Dot. Today we have seven items for inclusion on our consent agenda. As Barry indicated, I'll be calling each of the items and the representative or the applicant should come up to the podium and state your name, your relationship to the application, state if you've read the conditions, and that you agree with them. We will then ask for opposition. If there is no opposition, your item will be placed on the consent agenda. And again, as Barry has indicated we will be voting on all the consent items at one time. The first item that I have is Item #2 on the agenda. This is Wawa, Inc. This is a Conditional Use Permit request for gasoline sales in conjunction with a convenience store on property located at the southwest intersection of Diamond Springs Road and Northampton Boulevard in the Bayside District, and there are eight conditions associated with this item. Eddie Bourdon: Thank you Mr. Din. Madame Chair, for the record, my name is Eddie Bourdon, a Virginia Beach attorney representing Wawa, Inc. on this application. We appreciate being placed on the consent agenda. All eight conditions, as revised are acceptable to my client. Dorothy Wood: Thank you Mr. Bourdon. William Din: Thank you Mr. Bourdon. Is there any opposition to placing this item on the consent agenda? I don't see any opposition so Ms. Jan Anderson is going to summarize this item for us please. Janice Anderson: Thank you. Thisis a request for a Conditional Use Permit for a gasoline station in connection with a convenience store, and the proposal is a Wawa Store with a ten -pump station site. The site is undeveloped. It's on the corner of Northampton Boulevard and Diamond Springs Road. We believe it is a B-2 site that is commercially zoned. The Wawa will be in the center of this commercial site, and there will be two out parcels on either side. We believe that the proposal, the gasoline station with the convenience store, is appropriate for this location, and the use is appropriate also for this site. We recommend approval to Council. Item #2 Wawa, Inc. Page 2 William Din: Thank you Jan. I would like to make a motion to approve the following item, Item #2 Wawa, Inc., a Conditional Use Permit for gasoline sales on Diamond Springs Road and Northampton Boulevard in the Bayside District with eight conditions. Dorothy Wood: Thank you sir. Do I have a second? Donald Horsley: Second. Robert Miller: Madame Chair? Dorothy Wood: Yes Mr. Miller. Robert Miller: I need to abstain from Item #2. My firm is working on the project. Dorothy Wood: Thank you. AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE MILLER ABS RIPLEY ABSENT STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 8-0, with the abstention so noted, the Board has approved Item #2 for consent. -49- Item VI-L.5. PUBLIC HEARING ITEM # 43990 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application ofAZALEA GARDEN CHURCH OF GOD for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF AZALEA GARDEN CHURCH OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND SCHOOLIDAY-CARE RO8982214 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA Ordinance upon application of Azalea Garden Church of God for a Conditional Use Permit for a church and school/day-care on the west side of Centerville Turnpike, south of Jake Sears Road. Said parcel is located at 1541 Centerville Turnpike and contains 8.92 acres more or less. DISTRICT I - CENTERVILLE The following conditions shall be required: 1. The site shall be developed in accordance with the plan entitled, "Church Facility for Azalea Garden Church of God, " dated April8,1998 and prepared by Verebely & Associates, Architects. Adjustments may be made during detailed site plan review to accommodate a buffer along the southern property line. 2. The church building must adhere to the rendering on file in the PlanningDepartment. The roof will consist of a decorative metal in a dark bronze color. The walls will be constructed of a colonial red brick 3. Aright turn lane a minimum of 150 feet in length with a 150 foot transition is required. The right-of-way for this improvement must be dedicated with the site plan. This Ordinance shall be effective in accordance with Section 107 ()9 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of August. Nineteen Hundred and NineOL- ight Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood 0. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don " Weeks Council Members Voting Nay: None Council Members Absent: Harold Heischober August 25, 1998 Modification of Conditions �Ux t�3 sty CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Azalea Garden Church of God — Modification of a Conditional Use Permit MEETING DATE: July 12, 2005 ■ Background: An Ordinance upon Application of Azalea Garden Church of God for a Modification of a Conditional Use Permit approved by City Council on August 25, 1998. This request reduces the size of the Family Life Center and provides for the addition of a food bank building. The property is located at 1541 Centerville Turnpike (GPIN 14557510480000). DISTRICT 1 — CENITERVILLE ■ Considerations: The Conditional Use Permit to construct a church and daycare facility was approved by City Council on August 25, 1998 with three conditions. The applicants are asking to modify Condition 1, which relates to the site plan approved by City Council. The revisions change the sequence of the building phases and add one additional building. The additional building proposed is for a 15,900 square foot food bank building. Currently, the food bank is located within the church and assists area churches' food pantries as well as providing regional relief. Approximately, once a week a tractor -trailer will come with donations. There are additional vehicles from area churches about 3 to 4 times a day either picking up or delivering products. The Planning Commission placed this item on the consent agenda because they felt that the change is appropriate for the site. The food bank building will assist the church in their ministry to the community and region. The location of the building will be in the rear of the property and it will not be highly visible. Food bank activities are currently being conducted on the site and the proposed building will enclose and screen all related storage. There are no adjoining residential uses that will be impacted and access to this site is adequate for the related delivery and pick-up traffic. ■ Recommendations: Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: Azalea Garden Church of God Page 2 of 2 Condition Number 1 of the August 25, 1998 Conditional Use Permit is deleted and replaced with the following: The site shall be developed in accordance with the plan entitled, "Preliminary Site Plan Church Facility for Azalea Garden Church of God" dated March 31, 2005 and prepared by Verebely & Associates, Architects. Adjustments may be made during detailed site plan review to accommodate a buffer along the southern property line. 2. Condition 2 attached to the Conditional Use Permit granted by the City Council on August 25, 1998 remains in affect. Condition 2 states: The church building must adhere to the rendering on file in the Planning Department. The roof will consist of a decorative metal in a dark bronze. The walls will be constructed of a colonial brick. 3. Condition Number 3 of the August 25, 1998 Conditional Use Permit is deleted and replaced with the following: A left turn lane a minimum of 150 feet in length with a 150 foot transition is required. 4. The food bank building shall be developed in accordance with the plan entitled, "Elevations Family Center Building Azalea Garden Church of God" dated October 2, 1998 and prepared by Verebely & Associates, Architects. ■ 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 Manage k A /- V • L AZALEA GARDEN CHURCH OF GOD Agenda Item # 7 June 08, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: Modification of the Conditional Use Permit approved by the City Council on August 25, 1998 for church and day care. ADDRESS / DESCRIPTION: Property located at 1541 Centerville Turnpike GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14557510480000 1 - CENTERVILLE 8.92 acres The Conditional Use Permit to construct a church and daycare SUMMARY OF REQUEST facility was approved by City Council on August 25, 1998. The Conditional Use Permit has three (3) conditions: 1. The site shall be developed in accordance with the plan entitled, "Church Facility for Azalea Garden Church of God" dated April 8, 1998 and prepared by Verebely & Associates, Architects. Adjustments may be made during detailed site plan review to accommodate a buffer along the southern property line. 2. The church building must adhere to the rendering on file in the Planning Department. The roof will consist of a decorative metal in a dark bronze. The walls will be constructed of a colonial brick. 3. A right turn lane a minimum of 150 feet in length with a 150-foot transition is required. The right- of-way for this improvement must be dedicated with the site plan. Condition 1 relates to the site plan approved by City Council. The request is to modify this site plan as proposed on the site layout plan provided with this application. The revisions change the sequence of the building phases and add one additional building. The additional building proposed is for a 15,900 square foot food bank building. Currently, the food bank is located within the church and assists area churches' food pantries as well as providing regional relief. Approximately, once a week a tractor -trailer will come with donations. There are additional vehicles from area churches about 3 to 4 times a day either picking up product or delivering. Condition 2 relates to the elevation of the proposed church, which has not been built. This elevation is still current and no revisions are requested to this condition. The rendering is provided with this application. Condition 3 relating to the right turn lane has been completed. This condition will not be included with the modification of conditions. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is zoned R-5D Residential Duplex District. Currently the building on the site is used as a church and family life center. SURROUNDING LAND North: . Student housing for Regent University / R-5D Residential USE AND ZONING: Duplex District South: . A single family dwelling and landfill / R-5D Residential Duplex District East: . Across Centerville Turnpike is mini -warehouse / 1-1 Industrial District West: • Student housing for Regent University and landfill / R-5D Residential Duplex District NATURAL RESOURCE AND The site is developed with one two-story building and parking. There is a CULTURAL FEATURES: large grassy area to the north of the building and parking. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (GIP): Centerville Turnpike in the vicinity of this application is classified as a Minor Arterial (Suburban) Roadway. It is shown on the CIP project list as requested but not funded. The MTP recommends this roadway in the future be widened as a six lane divided highway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Centerville 18,848 ADT 13,600 ADT (Level of Existing Land Use — Turnpike Service "C") — 246 ADT 15,000 ADT' (Level of Proposed Land Use 3- Service "D") 145 additional 16,200 ADT(Level of Proposed Land Use 4- Service "E") 205 additional Average Daily Trips 2 as defined by a church/family life building 3as defined by Phase II —food bank 34as defined by Phase III — church expansion WATER: There are existing 10" and 12" city water mains in Centerville Turnpike fronting the site. This site has an existing 2" water meter which may be used or upgraded as necessary. AZALEA GARDEN C SEWER: This site connects to an 8" sanitary sewer main on Brandon Boulevard via private 2'/2" sanitary sewer force main. This site is outside the service are of Pump Station #454 therefore upgrade fees will apply. Analysis of Pump Station #454 and the sanitary sewer collection system is required to ensure future flows can be accommodated. FIRE AND EMERGENCY SERVICES: Fire Department concerns will be addressed during site plan review. STORMWATER MANAGEMENT: Stormwater management for this proposal. SCHOOLS: No comments - not applicable. COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Primary Residential Area. 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. EVALUATION AND RECOMMENDATION The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The request to modify the conditions of the Conditional Use Permit is acceptable. The food bank building will assist the church in their ministry to the community and regionally. The location of the building will be in the rear of the property next to the existing family life center building. All items will be contained within the proposed building. There are no adjoining residential uses that will be impacted and access to this site is adequate for the related delivery and pick-up traffic. The services are being provided currently at this location. The applicant a6knowledges that a study for City Line Road by an outside consultant depicts one of the alignments impacting their property along the southern property line. This study has been ongoing since the 1998 Conditional Use Permit. Staff recommends approval of this request with conditions recommended by staff. The recommended conditions are provided below. CONDITIONS 1. Condition Number 1 of the August 25, 1998 Conditional Use Permit is deleted and replaced with the following: The site shall be developed in accordance with the plan entitled, "Preliminary Site Plan Church Facility for Azalea Garden Church of God" dated March 31, 2005 and prepared by Verebely & Associates, Architects. Adjustments may be made during detailed site plan review to accommodate a buffer along the southern property line. 2. Condition 2 attached to the Conditional Use Permit granted by the City Council on August 25, 1998 remains in affect. Condition 2 states: The church building must adhere to the rendering on file in the Planning Department. The roof will consist of a decorative metal in a dark bronze. The walls will be constructed of a colonial brick. AZALEA GARDEN C 3. Condition Number 3 of the August 25, 1998 Conditional Use Permit is deleted and replaced with the following: A left turn lane a minimum of 150 feet in length with a 150 foot transition is required. 4. The food bank building shall be developed in accordance with the plan entitled, "Elevations Family Center Building Azalea Garden Church of God" dated October 2, 1998 and prepared by Verebely & Associates, Architects. 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. 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. AZALEA GARDEN CHURCH OF GOD AgendaItem# 7 Page 4 rV a w � 3 4 1 t a�w/ T� �� � s w�• � 0 Z z N 1 08/25/98 Conditional Use Permit for church & school/daycare Granted 2 01/13/98 Rezoning from B-1, 1-1 & R-5D to 0-2 Granted Conditional Use Permit for retirement community 3 11/14/95 Conditional Use Permit for church Granted 4 09/26/95 Reconsideration of Conditions Granted 5 02/23/93 Conditional Use Permit for borrow pit Granted 6 03/26/90 Conditional Use Permit for fill borrow pit Granted AZALEA GARDEN C DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below. (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business enbty2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes Modfficabon of Conditions AXgmtpon Page 10 of 11 Revised 9i1/2004 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. Including but not limited to the providers of architecture! services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sk eee�«_ Saoaex�al _ Q�r�`� ' 'Parent-sabsidlary relationship" means `.a relabonship that exists when one corporation directly or tndlnectly owns shares possessing more that 50 percent of the vatting pourer of another corpomfiort.* See SUte and Local Government CortftiGt of Interests Act, Va. Code § 2.2-3101. s AOiilated business entity relationship' means 'a relationship, oilier than parent -subsidiary relationship, that exists when @ one busirme entity has a controlling ownership Interest in the other business entity. (h) a conb+ofling owner in one entity is also a cor&olling owner In the other entity, or ill) there is shared management or control between the buske ss entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substarMally the same penwn own or manage the two entities; there arc common or commingled funds or assets; the business entities share the use of the same oti5ces or employees or otherwise share activities, resources or personnel on a regular iris; or there is wise a dose worlcng relationship between the entities." Sea State and Local C Mmnient Conflict of Interests Act, Va. Code § 22-3101. CERTIFICATION: I certify that the infonmaiton contahted hereon is true and accurate. I understaml that, upon receipt of natiliication. (postcard) tot application has been scheduled for public hearing. I am responsible for obtaining and posting the acquired sign on the su*d property at Mast.30 days prior to the scheduled public hearing accardi o e- a. 69A %�e TAW CS I s Ptopfty Owner's Signature of different than appficanO Paid Name Page"Or1t. Ra%iwd WIP.6004 AZALEA GARDEN C W Item #7 Azalea Garden Church of God Modification of a Conditional Use Permit 1541 Centerville Turnpike District 1 Centerville June 8, 2005 CONSENT William Din: My next item is Item #7. This is Azalea Garden Church of God. This is a Modification of a Conditional Use Permit that was previously approved by City Council on August 25, 1998. This is a request to reduce the size of the Family Life Center and provides for the addition of a food bank building located on 1541 Centerville Turnpike in the Centerville District. There are four conditions associated with this item. Welcome sir. William Verebely: Madame Chairman and members of the Commission, my name is William Verebely of Verebeley & Associates Architects. I'm here today as the agent for the church, and we've read the conditions and we concur. William Din: Thank you. Is there any objection to placing this item on consent? If not, Mr. Don Horsley. Donald Horsley: Thank you Will. The Modification of the Conditional Use Permit that was approved back in August 1998 for a church and a daycare center is being modified to add an additional building, and to change the building phases of the project. The additional building will be approximately 16,000 square feet and will be the food bank building. The food bank is being operated currently out of the family services building. The proposal is in conformance with the Comprehensive Plan for this area. The food bank building will assist the church in its ministry to the community region as is needed, and we don't see any problem with the adjoining neighborhoods. Staff has given this a favorable recommendation so we feel like it needed to be put on the consent agenda today. William Din: Thank you Don. I would like to make a motion to approve the following item, Item #7, Azalea Garden Church of God is a Modification of a Conditional Use Permit to add a food bank building on 1541 Centerville Turnpike in the Centerville District with four conditions. Dorothy Wood: Thank you sir. Do I have a second? Donald Horsley: Second. AYE 9 NAY 0 ABS 0 ABSENT 2 Item #7 Azalea Garden Church of God Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY STRANGE AYE WALLER AYE WOOD AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved Item #7 for consent. Mai, 7-7 V% •11 1&-%s • ME i Ng al.��► v t IMP —••••s - �V,ueu rruner5 street (;losure a «. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Billy W. Chaplain — Street Closure (portion of Rudee Avenue) MEETING DATE: July 12, 2005 ■ Background: An Ordinance upon Application of Billy W. Chaplain for the discontinuance, closure and abandonment of a portion of Rudee Avenue beginning on the north side of 131h Street and running a distance of 189.44 feet in a northwesterly direction to its terminus. DISTRICT 6 — BEACH ■ Considerations: The applicant is requesting to close 6,634 square feet of an unimproved section of Rudee Avenue. The closed area will be incorporated into the applicant's adjacent property to the east for the purpose of building a 12-unit apartment buiding. The applicant will also vacate property lines in order to meet a condition on the adjacent property rezoning approved by City Council August 12, 1985. The City will retain the western 20 feet of this portion of Rudee Avenue to allow for a possible future pedestrian link from Norfolk Avenue to the north, consistent with recommendations of the Comprehensive Plan to improve the pedestrian and bicycle trail system in this part of the city. Closure, as proposed, will not result in public inconvenience and the City has no plans for this right-of-way. There was opposition to the request. ■ Recommendations: Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels as shown on pla^s entitled "Exhibit Plan of Property Lines to be Vacated of Lots 1 --10 and 32 — Billy W. Chaplain Page 2 of 2 36, Block 116 and a Portion of Rudee Avenue, Plat of Lakewood Plat Recorded in M.B. 7, P. 100, in the Clerk's Office of the Circuit Court, Virginia Beach, VA Virginia Beach, Virginia for Billy Chaplain", prepared by WPL, dated May 1, 2005 and "Street Closure Exhibit", prepared by WPL, dated April 29, 2005. Said plans have been exhibited to the Virginia Beach City Council and are on file at the City of Virginia Beach. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The combined property shall be developed in accordance with the submitted plan entitled "Improvements and Parking Exhibit", prepared by WPL dated April 29, 2005. Said plan has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 1 City Manager: BILLY W. CHAPLAIN Agenda Item # 12 June 08, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: The discontinuance, closure and abandonment of a portion of Rudee Avenue. hiap L-i , Billy Chaplain I2 ,A W, L; v p 0 '� Jam' y 5DGa A is Lr `✓ ' ADDRESS / DESCRIPTION: Unimproved right-of-way located on a portion of Rudee Avenue beginning on the north side of 13th Street and running a distance of 189.44 feet in a NW direction to its terminus. COUNCIL ELECTION DISTRICT: SITE SIZE: 6 - BEACH 6,634 square feet SUMMARY OF REQUEST The applicant is requesting to close 6,634 square feet of an unimproved section of Rudee Avenue. The closed area will be incorporated into the applicant's adjacent property to the east for the purpose of building a 12-unit apartment building. The applicant will also vacate property lines in order to meet a condition on the adjacent property rezoning approved by City Council August 12, 1985. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Unimproved right-of-way. SURROUNDING LAND North: . Residential / A-12 Apartment District USE AND ZONING: South: . Across 13th Street is the continuation of Rudee Avenue. Either side of that portion of Rudee is residential. / R-5D Residential District East: . Apartments / R-5D Residential District /A-36 Apartment District West: . Vacant lot/ R-51D Residential District NATURAL RESOURCE AND The site does not appear to have any significant historical, cultural or CULTURAL FEATURES: environmental features. AICUZ: The site is in an AICUZ of 70 - 75 dB Ldn surrounding NAS Oceana. BILL CHAPLAIN fda .l tem :# 12 Page 1 IMPACT ON CITY SERVICES PUBLIC WORKS: No comment. PUBLIC UTILITIES: No objection to the proposed street closure PRIVATE UTILITIES: Virginia Natural gas, Hampton Roads Sanitation district and Dominion Virginia Power do not have facilities in conflict within this area proposed for closure. PUBLIC SAFETY: Comments relating to Police and Fire Department issues will be addressed during DSC review and Building Permit review. COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Resort Area. Neighborhood revitalization will reclaim undervalue land to create a new neighborhood to strengthen the year round residential core. The Housing and Neighborhoods chapter recognizes good housing and neighborhoods as vitally important to the City of Virginia Beach. Providing decent, affordable and accessible housing fosters self-sufficiency and family stability, revitalizes distressed neighborhoods, promotes economic growth and advances public health, safety and welfare. EVALUATION AND RECOMMENDATION Staff evaluation of this request, as in any street closure application, is primarily based on current and /or future need for the right-of-way for vehicular, pedestrian and/or public infrastructure purposes. Evaluation of this request shows the need to retain 20 feet of Rudee Avenue for the opportunity to provide a pedestrian link from Norfolk Avenue to the north, consistent with recommendations of the Comprehensive Plan to improve the pedestrian and bicycle trail system in this part of the city. The applicant's request is consistent with this need; therefore, the staff recommends approval of this request subject to the following conditions. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels as shown on plans entitled "Exhibit Plan of Property Lines to be Vacated", prepared by WPL dated May 1, 2005 and "Street Closure Exhibit" prepared by WPL dated 29, April, 2005. Said plans have been exhibited to the Virginia Beach City Council and are on file at the City of Virginia Beach. The plat must be submitted and approved for recordation prior to final street closure approval. BILL 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The combined property shall be developed in accordance with the submitted plan entitled "Improvements and Parking Exhibit", prepared by WPL dated February 07, 2005. Said plan has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. 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. BILL is m . . ........ . . .... k pm NO. 002266 4^1 - ,It C\t Lu Zt O cz 5 7X50'41 l4aOa' Cd Z RU0,ffff A V10VUH 60' R1'W (MMIMPPOVED) - (Y.8. 7 P. WO) =-P, N 13'50411' A15 7.23 A MO %Rftt KPS Va BEEN KRF0&M. MPEMIES Or FMM MEM 40 PLM Cr now. 20' 2. "'S ';:6ro, *Cr CM&M7E A 8WkW? SUR61 WA F MNZCN or M OF AW ACCOWAW" '=WWM ;T 4 M NEW MR REMAW OME4 INFOWA70-4 LMS 1-4, wm 5-0.. 21111-3- D.S. nqr- P 9-10, 2-1 7-55-9257. 312 14+- SIRM, oa PA' P. ym K`F EW W. CWtAIN, 3417-V—M.4a. NO 14% MW. P, 204 LOTS 3Z- 2417-3!,- 11 Uth SMW. DS. noo, P. x 1% ?"o NIF KVGW & WY DMS� X417-95-051 !314 PARM AVZ%E 5j M, P. _'p. Lam 3--A 2417-65-dow. MIS 13% 3,RM, ja 173k p�, �ZW'� 9, 1EMIdLKW. 4.7-95-.047. 13M PAWS AWNUE MR 1403. P. 2r5 Exmm PLAN OF pRop=y uNo To m vAdATo or LOTS 1-10 AND 32-36, BLOCK 116 AND A PORTION OF RUDEE AVENUE, PLAT OF LAKEWOOD Mt R.—d'd 1. L.B. 7, P. 100, In The clok'4 ff— of lb. Omit tout Vuziulk lkftb. U Virginia Beach, Virginia Fcx pgwft-1 757.431.1041 BILLY CHAPLAIN L Pu"- I - zu MAY 1. 20,15 I VMGLV& mcm 1M.204-12515 BILL ui C13 00 z w 5 ui 0 z x :J- Cl) —i w I.- Z LLI () V0 cc < > Co Z n (D x w '' c-----0 ___------ O 107 a f mi cv Ts- ..__ _ _-._ -...., I \ a _ ----- .' �b 681=033p 9£ 107 x ? Dif.OF,1Sd0 5'ry r .LHOAUY1700.7d3MWO-4) v0114 Vo or, MW N - Lu fl zstiQq o a �" 6 L�S�S 107 N y° rc p j ti �G�I k N f 107 N t � 4 O U L k o ol Q5 ,. 107 ti h 20 Z o . w zzo m Vo 5-107 d o Yam✓ a y0�� vol 1141A x J `. / S\. y .�b z _ .. �gC�.�.`5U� o. 4. Z Z M A z }" /1.. W M Z =0 Q W F-w.r W 0 =)a)o a. p gel V Z<cfj'Q ' w� �Ujow � nG n; r P O a W OUJ ir� �,eLM C N - v F°. 3 ��j_ FCC Np PjOp O .N oy D G.oF->' �` � i-: vJ:Oj� O rN p Oi LLI 0 LLJ m W u. O o V W r'W IMPROVEMENTS & PARKING ExmBrr PLAT SHOWING PORTION OF RUDEE AVENUE TO BE CLOSED BY THE VIRGIMA BEACH CITY COUNCIL S- % SEo SPACES REQUIRED (PER) 2 No. P-&ql 2"& No. SrD SPACES PRMDEO 25 l : No. HDCP SPACES PROMED 2 f =X SPACES REQUIRED 24 MIAL SPACES FRNYO 27 PRCPG,----6 1()-i20 X"MoriER RAO TTV SPACE = 9 08 2aW' ,40CP SPACE - VOW 400- HDCP L00W PROPC&D 2-v —16.00' A-PARTUMM N2 MaW WA SE 4 WOM M m 23&1 Pr0j, no, sheet 1 of I Coto: 29 APRL. 2M p6mcipf.: WRP PROPOSED CONC. ENTRAt PROPOSM " IMPRMUMS PAWMENT CURB F REQ-01 A: -IS-ffi S TRSHT (WI RIW) (ma z P. 100) a-b ,1,7 1 02/12/02 2 03/09/87 3 12/22/86 4 08/12/85 5 06/24/85 Zoning Change from 1-1 & R-5D to conditional A-24 Street Closure Zoning Change from R-8 to conditional B-2 Zoning Change from R-7 to conditional R-8 Zoning Change from R-7 to conditional A-24 Granted Withdrawn Denied Granted Conditions Pending O F- Z O N 1 y1HFO�C� 1 1 :CM, I $ O , ".. e Va as d u i m L o u's ma+ `a m p`• �,` ;g a _ z �= N. o m ti= Oo ( mrW ano =m O�u��� 0 dSi4;oo� m � ' a— tin o s 8 CL w c at Qo ='c aa_ L Ewe 7 Z W W Q cn LU VJ 0 Cl) 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS RUDEE AVENUE (60' R/W) (FORMERLY COURTRIGHT AVENUE) (M.B. 7, PG. 100) AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF RUDEE AVENUE TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL FOR BILLY W. CHAPLAIN": WHEREAS, BILLY W. CHAPLAIN applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: GPIN: 2417-85-6068 1 32 33 All that certain piece or parcel of land situate, lying and being in 34 the City of Virginia Beach, Virginia, designated and described as 35 "40' PORTION OF RUDEE AVENUE (UNIMPROVED) TO BE 36 CLOSED BY THE VIRGINIA BEACH CITY COUNCIL 6,634 37 SQ. FT. OR 0.152 AC." shown as the cross -hatched area on that 38 certain plat entitled: "PLAT SHOWING PORTION OF RUDEE 39 AVENUE TO BE CLOSED BY THE VIRGINIA BEACH CITY 40 COUNCIL" Scale: 1"= 50', dated April 29, 2005, prepared by 41 WPL, a copy of which is attached hereto as Exhibit "A". 42 43 44 SECTION II 45 46 The following conditions must be met on or before one (1) year from City 47 Council's adoption of this ordinance: 48 1. The City Attorney's Office will make the final determination regarding 49 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 50 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 51 Closures," approved by City Council. Copies of said policy are available in the Planning 52 Department. 53 2. The applicant shall resubdivide the property and vacate internal lot lines to 54 incorporate the closed area into the adjoining parcels as shown on plans entitled "EXHIBIT 55 PLAN OF PROPERTY LINES TO BE VACATED OF LOTS 1-10 AND 32-36, BLOCK 116 56 AND A PORTION OF RUDEE AVENUE, PLAT OF LAKEWOOD PLAT RECORDED IN 57 M.B.7, P. 100, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, 58 VA VIRGINIA BEACH, VIRGINIA FOR BILLY CHAPLAIN", prepared by WPL, dated May 59 1, 2005 and "STREET CLOSURE EXHIBIT", prepared by WPL, dated April 29, 2005. Said 60 plans are attached hereto as Exhibit `B" and "A", respectively and are on file at the City of 2 61 Virginia Beach. The plat must be submitted and approved for recordation prior to final street 62 closure approval. 63 3. The applicant shall verify that no private utilities exist within the right-of- 64 way proposed for closure. Preliminary comments from the utility companies indicate that there 65 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 66 the applicant shall provide easements satisfactory to the utility companies. 67 4. The combined property shall be developed in accordance with the 68 submitted plan entitled "Improvements and Parking Exhibit", prepared by WPL, dated April 29, 69 2005. Said plan is attached hereto as Exhibit "C" and is on file in the City of Virginia Beach. 70 5. Closure of the right-of-way shall be contingent upon compliance with the 71 above stated conditions within one year of approval by City Council. If all conditions noted 72 above are not in compliance and the final plat is not approved within one year of the City 73 Council vote to close the street, this approval will be considered null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before July 11, 2006, this 78 Ordinance will be deemed null and void without further action by the City Council. 79 2. If all conditions are met on or before July 11, 2006, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 83 may be requested to convey such interest, provided said documents are approved by the City 84 Attorney's Office. 85 3 85 SECTION IV 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH as "Grantor" and BILLY W. CHAPLAIN as "Grantee." 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 90 of , 2005. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 CA-9459 DateJuly 1, 2005 HA01MEAL ESTAMStreet C1osure\Chap1ain.CA9459.0RD.doc E APPROVED AS TO CONTENT: Planning Dep ment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney Exhibit A Cd U) M 0 w"i000�' • c7775, �N aa - C, 7 � Tor. o, N0. p �D1im D L X ro �Sy Ny w a b. f O o IV V Ln a � N CO - a a 006 �• o N 3 °j��o �n0 oC)�c 0 tiroN 0 Q, 'o�goA� c � C) i o�o�a rn � 2N tiiWaa2c,,, a�A��rZi, ti�aDanLl � z Lk z limo non�'a� c�aan Na 0 O O T � .� O O r n zmcCA � Dnm= • A oc" CO m f m� MOmS q" C)m« o mom-0 0) n�m� m —I —1 n m Z m O =I Z n r, NLOT--6 �1y /' N �� O a LOT-5 VO LOT-4 0 9d y N LOT-3 .N O N LOT-2 LOT-1 1 N 07*51 '30" W 136.62' 0 0� ' �& 5.23' o_ w ll1 ' ti R DEE A VEN E o`' p / O (60' RIW)_ / i1 p (FORMERLY COURTR/GHT\ AVENUE) O O �'(M.B.7,PG.100) /"01Ln cn " 01 X Y ^,S OTS > '30 " E _ _ _ _ _COMP. =180. 44' / g' LOT-36 DEED=189.44' a I ' --,---------------� 00\ ti 0 Z � LOT-3577- °^' I LOTS v I L------ 4 -- --------- Qi---- Exhibit B O71 12 I 13 I I 14 15 16 ' C040/ �� Sr O O O D U O ,ter ATt I jO2 '0' jB Ury S 13'S0'41 " E 10 140.00' 6 22 — — O — — — 23 ��J,TH OF 0 e 24 �— - - - - -L — — - o W LIAM R. PRITCHARO a p 0 o ti 25 N0. 002266 ro 4+ INBE O VACATED ' (TYPICAL) 's k O 51JRVt'v I� �z'5 — — — Oti N of C) 28 E 140.00' r^o`` �, Old ti 'tj /i 10 'o.-- -- oo, -- -- I 33 3 `' RUDEE A VENUE o / O (FORMER[ Y COURTR/GHT AVENUE) o 60' R/W (UNIMPROVED) O B. z P. 100) NOTES IV 13'50'41 " W 151.23' 1. A FIELD SURVEY HAS NOT BEEN PERFORMED. PROPERTIES ARE FROM DEEDS AND PUTS OF RECORD. 2. THIS PUN DOES NOT CONSTITUTE A BOUNDARY SURVEY NOR A SIiBDMS10N OF LAND. INDEPENDENt NOT, ANY ACCOMPANYING DOCUMENTS IT IS NOT MEANT FOR ANr 20' RIW TO REMAIN OTHER THAN GENERAL REFERENCE. 3. THE PROPOSED PROPERTY CONTAINS APPROXIMATELY 63.214 SF. OR 1.45 AC. -- _— OWNER INFORMATION LOTS 1-4. 2417-85-7169. 818 141h STREET LOTS 5-8. 2417-85-8262. 812 141h STREETI D.& 2391. P. 2072 ADJOINERS LOTS 9-10. 2417-85-9257. 812 141h STREET, D.B. 923. P. JOS BRAY W CHAPLAIN LOTS 32-31 2417-85-7110. 815 13Th STREET. D.& 1100. P. 190 1) N/F BILLY W. CHAPLAK 2417-95-0249. 800 141h STREET. D.B. 2391. P. 2074 2) N/F RANSOM i MARY pCGS. 2417-95-0263. 1314 PARKS AVENUE. D.B. 926. P. 364 LOTS 34-36. 2417-85-6068. 8;1 131h STREET, D.& 1736. P. 12 E) N/F JON B. HERSHETMAN. 2417-95-0147. 1308 PARKS AVENUE. D.B. 4403. P. 208 EXHIBIT PLAN OF PROPERTY LINES TO BE VACATED OF LOTS 1-10 AND 32-36, BLOCK 116 AND "= A PORTION OF RUDEE AVENUE, PLAT OF LAKEWOOD Plat Recorded in N.B. 7, P. 100, In The Clerk's Office Of The Circuit COUrt, Virginia Beach, VA Virginia Beach, Virginia M EngrtlaeTa 7sz431.1041 aM S,,,w,.. _ ___ For BILLY CHAPLAIN U kT I SCALE: 1"= 50' MAY 1 2005 �242 abiAYG VIAL 51I, IaBiIA ffADI VA 23452 I VIRGINIA REACH F R P. Lcao JN 204 I288 M J Exhibit C stole: I drowing title: r-20' IMPROVEMENTS 8 PARKING EXHIBIT \ project: \ \ cp PLAT SHOWING PORTION \ OF RUDEE AVENUE TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL \ \ a I 1 6' ro AN) SLK-1f@ � �ty�' P • //yp4� P. 100) PROPOSED PARKIN COUNTS 8' No. OF UNITS - 12 \ / SPACES REQUIRED (PER) - 2 \ / No. ST'D SPACES PROVIDED - 25 No. HDCP SPACES PROVIDED - 2 TOTAL SPACES REQUIRED - 24 / I TOTAL SPACES PROVIDED - 27 PROPOSED 10'x10' DUMPSTER PAD TIPICAI DIMENSIONS ST'D SPACE = 9'x18' 20.00' 4.00' HDCP SPACE = 8'x18' HDCP LOADING = 5'x18' x I 18.00'— —72.00' 3 PROPOSED 2-ST —18.00' z AP TMENTS U N G I N a co IG U5= COf a i > 4 W hdcp H o m 4.00' c 5 a hdcp m I h I v Z" i1 o O O O >I C, I m l m O I (w ate+ l p o FL PRITCHARD --° : 30' FRONT YARD NO I Ci2fi6 1�7 I [�+ 20.00' .10 4 PRDPOSEDG LANDSCJBUFFER (IF"REQU PROPOSED CONC. ENTRANCE PROPOSED PAVEMENT VEMENTS (& CURBRIF READ) f� y3 S TREET (50' R/W) Civil Engineers 757.431.1041 , (U.S. 7, P. 100) Land Surveyors wpisite.com Land Planners O Londscopa Architects p 2, 2 NISIANC Im STE 8 wou m VA 23W �C prof. no. 204-1288 u o sheet i of 1 O m date: 29 APRIL, 2005 proj.mon.: EAG V file:204-1286-prelim2.dwg principle: WRP Ct K. APPOINTMENTS Beaches and Waterways Commission Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee - PPEA L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE: 7/05/05 D C M R C A W PAGE: 1 I D J L A N R H N I E Y 0 A D D E M U L AGENDA Z N N D 0 E I E S ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 L R S N X F E T A N W I. BRIEFING: Raymond A. SENTARA VIRGINIA BEACH GENERAL Trioano, M.D. HOSPITAL Medical Director Les Donahue, Administrator Karen B. TOWING ADIVSORY BOARD Bd Member C. TOURISM MARKETING and James Ricketts, ADVERTISING PROGRAM Director — Convention and Visitors Bureau Art Webb, President, BCF Greg Ward, Account Supervisor, BCF D. REAL ESTATE TAX ASSESSMENT TASK Tom Betz, Chair FORCE — Report II/III/IV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y A Y Y Y Y Y Y WE F MINUTES APPROVED 9-0 Y Y Y Y A Y Y A Y Y Y B INFORMAUFORMAL SESSIONS 6/14/05 S T A I N E D G41/I/1 Ordinances to AMEND the City Code ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y CONSENT a § 12-43 re powers of Fire Marshal re number of patrons in a building b §21-317 re clarification of ordinance ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y CONSENT 2/a Ordinances to AUTHORIZE encroachments into City's r-o-w: ROBERT H./DEBORAH A. TIETJEN at 1 ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Caribbean Ave re pier/bulkhead/retaining wall CONSENT (DISTRICT 6 - BEACH) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE: 7/05/05 D C M R C A W PAGE: 2 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S p ITEM # SUBJECT MOTION VOTE E E E A O R V D V 0 p L R S N X F E T A N D b GARY WAYNE ROBINSON at 606 ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Goldsboro Ave re existing CONSENT ramp/pier/pilings/bulkhead (DISTRICT 6 - BEACH) c MARY C. FLOYD at 2856 Bluebill Drive re ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y dock/floating dock/lift piles/stone revetment CONSENT (DISTRICT 7 — PRINCESS ANNE) 3 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y real property from the Overton Family/heirs of CONSENT C. V. Creech/ APPROPRIATE $2,035,000 from Rudee Loop Phase I for their acquisition 4/a Ordinances to APPROPRIATE: ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y CONSENT $70,000 estimated revenue from Motor Carrier Safety Unit to Police re overweight vehicles b $18,100 from Chesapeake Bay Preservation ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Area violations to Agriculture re CONSENT Wetlands/coastal sand dune restoration/enhancement 5/a Ordinances to TRANSFER: ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y CONSENT $209,000 within Comprehensive Services Act Special Revenue Fund re special education/foster care services b $18,000 from Council Donations to the ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Education Foundation CONSENT c $50,000 from Reserve for Contingencies to ADOPTED, BY 10-0 Y Y Y Y A Y Y Y Y Y Y Regional Participation/DIRECT Cost CONSENT Participation Agreement with Hampton Roads Squadron, Association of Naval Aviation, Inc. re retaining walls adjacent to Monument to Naval Aviation CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE: 7/05/05 D C M R C A W PAGE: 3 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S p ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 p L R S N X F E T A N D J/1 CITY NO ACTION — a AMEND §§105/502 of CZO re restrictions on Planning Commission development of nonconforming lots in Deferred Residential Districts Indefintely b AMEND §4.4(b) of Subdivision Ordinance re nonconforming lots in Residential Districts K/I TOWN CENTER ASSOC CUP re multi- APPROVED/ 8-2 Y N Y N A Y Y Y Y Y Y family dwellings at Independence CONDITIONED Boulevard/Commerce Street/ Market Street/Columbus Street. (DISTRICT 5 - LYNNHAVEN) MESSIAH LUTHERAN CHURCH CUP re APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y 2 modular office trailer at 1486 Holland Road. CONDITIONED (DISTRICT 3 — ROSE HALL) BY CONSENT 3 G and A PROPERTIES, LLC CUPre vehicle APPROVED/ 10-0 Y Y Y Y A Y Y Y Y Y Y sales and rental at 4933/4935 Virginia Beach CONDITIONED AS REVISED, Boulevard. (DISTRICT 2 — KEMPSVILLE) BY CONSENT 4 SHORE DRIVE AUTO SALES CUP re ALLOWED 10-0 Y Y Y Y A Y Y Y Y Y Y vehicle sales at 4510 Shore Drive. (DISTRICT WITHDRAWAL, 4 - BAYSIDE) BY CONSENT L. APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD HEALTH SERVICES ADVISORY BOARD APPOINTED 9-0 Y Y Y Y A Y A Y Y Y Y Unexpired to 3/31/08 Susan D. Hellstrom Leonard A. Troxell PARKS and RECREATION COMMISSION APPOINTED 9-0 Y Y Y Y A Y A Y Y Y Y 2 Year Term 7/1/05 — 8/31/07 Nichole Ehlers — Rising Junior Student SHORE DRIVE ADVISORY COMMITTEE APPOINTED 9-0 Y Y Y Y A Y A Y Y Y Y 3 Year Term 7/1/05 — 6/30/08 Judith IG Connors CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: 7/05/05 C E S L PAGE: 4 D C M R C A W I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D O E I E S 0 SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L L R S N X F E T A N D MN ABSTRACT OF VOTES — PRIMARY CLERK TO B Y C 0 N S E N S U ELECTION — June 14, 2005 RECORD ADD RECESS TO CLOSED SESSION RE ON APPOINTMENTS @ 6:20 PM ADD CERTIFIED CLOSED SESSION @ 6:50 PM ON 0 ADJOURNMENT 6:52 PM