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HomeMy WebLinkAboutAPRIL 13, 2010 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LLIAM D. SESSOMS, JR., At-Large V/CE MAYOR LOU/S R. JONES, Bayside -District 4 RITA SWEET BELLITTO, At-Large GLENN R. DAV/S, Rose Hall -District 3 W/LL/AM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER„ Centerville - Districl 1 BARBARA M HENLEY, Princess Anne -District 7 JOHN E. UHR/N, Beach -District 6 ROSEMARY WILSON, At-Large .LAMES L. WOOD, Lynnhaven -District S CITYHALL BUILDING 240/ COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGIN/A BEACH, V/RG/NIA 23456-800.5 PHONE: (757) 385-430.3 C/TY MANAGER - JAMES K SPORE FAX (757) 385-566 CITY ATTORNEY - MARK D. ST/LES E- MAIL: ctycncl@vbgov. com C/TY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S REM/AS CITY CLERK - RUTH HODGES ERASER, MMC CITY COUNCIL BUDGET WORKSHOP AGENDA TUESDAY 13 APRIL 2010 FY 2010-2011 MANAGEMENT RESOURCE PLAN I. CULTURAL and RECREATIONAL OPPORTUNITIES -Conference Room - A. OVERVIEW Catheryn Whitesell, Director, Management Services B. DEPARTMENTS 1. Museums -Lynn Clements, Director 2. Parks and Recreation -Cindy Curtis, Director II. QUALITY PHYSICAL ENVIRONEMNT A. OVERVIEW Catheryn Whitesell, Director, Management Services B. DEPARTMENTS 1:30 PM 1. Planning - Jolilda Saunders, Administrative Services Manager 2. Public Utilities -Tom Leahy, Director 3. Public Works -Jason Cosby, Director CITY OF VIRGINIA BEACH ~~COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District -1 R/TA SWEET BELLITTO, At-Large GLENN R. DAV/S, Rose Hall -District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsvi!le -District 2 ROBERT M. DYER, Centerville-District 1 BARBARA M. HENLEY, Princess Anne -District 7 JOHN E. UHR/N, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. REM/AS CITY CLERK -RUTH HODGES ERASER, MMC I II. III. IV CITY MANAGER'S BRIEFING: -Conference Room- A. NEWTOWN SGA IMPLEMENTATION PLAN Jack Whitney, Director, Planning Karen Lasley, Zoning Administrator Joe Nickol, Urban Design Associates CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITYNALL BUILDING 240/ COURTHOUSE DRIVE VIRG/NIA BEACH, VIRGINIA 23456-8005 PHONE: (757J 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 3:30 PM 4:30 PM CITY COUNCIL AGENDA 13 April 2010 VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend William Dyson, Presiding Elder African Methodist Episcopal Church, Virginia Conference 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 March 23, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. 2010 COMMUNITY RECYCLING AWARD American Forest & Paper Association Scott Brown, Richmond Mill Manager, Sonoco Products Company Jason Cosby, Director, Public Works Phil Davenport, Waste Management John C. Barnes, Waste Management Administrator I. PUBLIC HEARINGS 1. OPEN AIR CAFE LEASES 2. FARMER'S MARKET LEASES 3. INSTALLMENT PURCHASE AGREEMENT (ARP) a. 4884, 6637, and 4700 Block of Blackwater Road b. 2700 block of Reads Road c. 3141 W. Gibbs Road J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code § 12-49.1 re Permits and Inspections Fees for the Fire Marshall (deferred 11/29/09) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE and Submit the 2010 Housing Choice Voucher Five-Year Plan to US Housing & Urban Development (HUD) 3. Ordinance to AUTHORIZE the City Manager to EXECUTE all documents required and APPROPRIATE $395,000 from the Various Site Acquisitions Fund for the acquisition of property fronting Princess Anne Road at Mathews Green from 56th Street Development Company, LLC. 4. Resolution to AUTHORIZE Police re-certification for continued participation in the Department of Criminal Justice Services' Certified Crime Prevention Community program. 5. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements: a. Venable Real Estate Limited Partnership in the amount of $535,724 in the 4700 block of Blackwater Road b. Rufus C. and Barbara P. White in the amount of $1,212,150 at 3141 West Gibbs Road, 6637 Blackwater Road and the 2700 block of Reads Road c. Sisters II, LLC in the amount of $331,714 at 4884 Blackwater Road 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3)-year lease with Chris and Cathie Sale t/a Back Bay Mining Company for spaces 30-33 at the Farmer's Market 7. Ordinance to AUTHORIZE existing temporary encroachments into a portion of City-owned right-of--way for JANE W. STEINHILBER to maintain a serpentine brick wall, brick columns and landscape boulders at 4821 Lauderdale Avenue (deferred 3/23/10). DISTRICT 4 - BAYSIDE Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned drainage easement, Canal No. 2, for STIHL, INC. re parking expansion and related improvements. DISTRICT 6 -BEACH 9. Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: New (One Year): a. Holiday Inn Sunspree Cafe b. Cancun Fiesta Cafe Renewals (Five Year): a. 11th Street Cafe -Atlantic Avenue b. 11th Street Cafe -Boardwalk c. Albie's Pizza d. Black Angus Cafe e. Catch 31 Cafe f. Dough Boys 24t" Cafe g. Marriott Courtyard Cafe h. Planet Pizza i. Rockfish Boardwalk Bar and Sea Grill Cafe 10. Ordinances to ACCEPT and APPROPRIATE: a. $47,900 from Homeland Security to the Fire Department re continuation of the Citizen Corps Council (CCC) and the Community Emergency Response Team programs (CERT) b. $55,158 from the Juvenile Accountability Block Grant FY U9-10 to Human Services re reducing juvenile delinquency for those with intense mental health disabilities: • $49,642 from Criminal Justice Services • $2,758 from increased state revenue • $2,758 from City FY 2009-10 Court Services Unit c. $30,000 from DEA Seized Property Special Revenue Fund to the Police re payment for seized vehicles; $15,340 surveillance equipment and $350,000 for completion of the Police Training Facility (tactical simulation building) 11. Ordinances to TRANSFER: a. $16,278,241 from the General Fund Reserve for Contingencies re Tax Relief for the Elderly and Disabled Program b. $172,283 from the General Fund Reserve for Contingencies to the General Registrar to cover the cost of the June 2010 Republican Primary Election c. $1,460,547 from Debt Service savings to Risk Management Internal Service Fund re insurance premiums and self insurance claims L. PLANNING 1. Application of NEW BEGINNING DELIVERANCE OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 4992-5 Euclid Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of DCW ENTERPRISES. INC. d/b/a COLORPRO/TEL AND ASSOCIATES, LP for a Conditional Use Permit re an auto body and paint shop at 4911 Potomac Street. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of CENTRO EVANGELISTICO HISPANO PIE LEASING INC. for a Conditional Use Permit re a church at 4999 Cleveland Street. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of NEW CINGULAR WIRELESS PCS. LLC T/A AT&T/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re a communication tower at 408 Sandbridge Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 5. Applications of KARINPHILLIP, INC./PARR PROPERTIES, LLC re a tattoo parlor at 114 South Witchduck Road: DISTRICT 2 - KEMPSVILLE a. Change of Zoning from 1-1 Light Industrial to Conditional B-2 Community Business b. Conditional Use Permit RECOMMENDATION Staff APPROVAL Planning Commission DENIAL M. N O. P 6. Application of TAMI WALKER MOOK for a Conditional Use Permit re small engine repair at 501 Virginia Beach Boulevard (deferred 3/23/10). DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 7. Application of ROBERT RAMSAY for a Conditional Use Permit re a firewood preparation at 3025 New Bridge Road (deferred 3/23/10). DISTRICT 7 -PRINCES ANNE RECOMMENDATION Staff APPROVAL Planning Commission DENIAL 8. Resolution to REFER to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO) § 111 and 212 re electronic display signs (LED) APPOINTMENTS AUDIT COMMITTEE CLEAN COMMUNITY COMMISSION SOCIAL SERVICES BOARD SOUTH HAMPTON ROADS RESOURCE CONSERVATION and DEVELOPMENT COUNCIL - RC&D UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT ~'c9c9c~~~9c~c~c~~~~~c~'c9c~c~'c9c~-c~~'c~c~'c~'c3c~'c~c~'c~'c9c~'c~'c PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers FY 2010-2011 Management Resource Plan Schedule ... DATE ~ TIME April 20 __ _ . . 4:00-6:00 PM . . Apri122 __ 6:00 PM . Apri127 1 hr before Informal Apri127 6:00 PM May 4 ~~~~~ 4.00-6:00 PM ~ ` May il _.._ ...u.._.... 6 OOPM EVENT Workshop ~~,~ ..~...~.... Public Hearing Public Heari Public Heari Workshop ADOPTION LOCATION City Council Conference Room ~_... Tallwood High School City Council Conference Room City Council Chamber Cit CauncihConference~~~ Roo~~~~~ y m _. _ .._ . . City Council Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 4/13/lost w~~•w.vbgov,com CITY MANAGER'S BRIEFING: -Conference Room- 3:30 PM A. NEWTOWN SGA IMPLEMENTATION PLAN Jack Whitney, Director, Planning Karen Lasley, Zoning Administrator Joe Nickol, Urban Design Associates II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend William Dyson, Presiding Elder African Methodist Episcopal Church, Virginia Conference 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 March 23, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. 2010 COMMUNITY RECYCLING AWARD American Forest & Paper Association Scott Brown, Richmond Mill Manager, Sonoco Products Company Jason Cosby, Director, Public Works Phil Davenport, Waste Management John C. Barnes, Waste Management Administrator I. PUBLIC HEARINGS 1. OPEN AIR CAFE LEASES 2. FARMER' S MARKET LEASES 3. INSTALLMENT PURCHASE AGREEMENT (ARP) a. 4884, 6637, and 4700 Block of Blackwater Road b. 2700 block of Reads Road c. 3141 W. Gibbs Road Three Organizations Receive AF&PA Recycling Awards for Outstandin_g Achievements NEW YORK -The American Forest & Paper Association (AF&PA) announced today that arecord- high 63.4 percent of the paper consumed in the U.S. was recovered for recycling in 2009. This is great news for the industry and the environment, and exceeds the industry's 60 percent recovery goal three years ahead of schedule. To balance growing global demand for recovered fiber and decreased paper consumption, increasing recovery nationwide remains a priority. "Recycling is one of America's great environmental success stories and the paper industry is proud of our ongoing leadership role in this arena," said AF&PA President and CEO Donna Harman. "Today's announcement is a testament to the work of the industry and the commitment of millions of Americans who recycle at home, school and work on a daily basis." Harman pointed to the 2010 AF&PA Recycling Award winners in the categories of school, business, and community as examples of successful and innovative paper recycling programs: 2010 AF&PA Recycling Award Winners: • AF&PA School Recycling Award -Parkway School District, Chesterfield, MO The Parkway School District, serving 18,000 students in 29 buildings, started their recycling program after several elementary students requested of the Board of Education that they be better environmental stewards. The results are impressive, including the recovery of more than 1,031 tons of newspaper, magazines, catalogs, direct mail, office paper, envelopes, and brochures, along with more than 138 tons of paper-based packaging in 2009. • AF&PA Business Leadership Recycling Award -Continental Airlines Thanks to a renewed commitment to the environment in recent years, Continental Airlines has significantly increased the effectiveness of its recycling program by maximizing cost- effective, manageable, and sustainable collection efforts. In 2009, Continental recovered 35,000 tons of paper from its aircraft, hubs, offices and supporting facilities. • AF&PA Community RecycFing Award -Virginia Beach, VA Developed in 1997, the Virginia Beach recycling program includes a„customized, voluntary, single-stream, automated system that services 124,000 residents, 94 City schools and 106 municipal buildings, along with five public-use drop-off sites. Thanks to a variety of education and outreach efforts, the City of Virginia Beach recovered. nearly 23,800 torts of paper and .paper-based packaging in 2D09 -more than 68 percent of. all recyclables collected. "AF&PA appreciates the ongoing dedication of Americans who recycle every day, and we congratulate and thank the award winners for their achievements," said Harman. The annual AF&PA Recycling Awards recognize outstanding school, business, and community recycling programs, the details of which can be found at www.paperrecycles.orq. Also available on the site are background materials, free classroom resources, interactive features, and more. ### The American Forest & Paper Association is the national trade association of the forest products industry, representing pulp, paper, and wood products manufacturers, and forest landowners. AF&PA member companies make essential products from renewable and recyclable resources that sustain the environment. The forest products industry employs approximately 1 million workers and generates 6 percent of the total U. S. manufacturing GDP. Visit AF&PA online of www.afandpa.orq. :is .~ '«1r.' 4 PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC NEARING at 6:00 P.M. on April 13, 2010 in the City Council Chamber regarding the proposed cafe franchise leases of City-owned property located at the following locations: 1. 203 22nd Street to Calabrese Management Group, Inc. t/a Albie's Pizza 2. 706 Atlantic Avenue to ACA Corporation t/a Black Angus 3. 812 Atlantic Avenue to Planet Pizza, Inc. t/a Planet Pizza 4. 1011 Atlantic Avenue to 11th Street, LC t/a 11th Street Cafe 5. 1011 Atlantic Avenue to 11th Street, LC t/a 11th Street Cafe 6. 1516 Atlantic Avenue to ANSHI, Inc. t/a Cancun Festa Cafe 7. 1601 Atlantic Avenue to Tradewinds, LC and Rockfish Sea Grill, LLC t/a Rockfish II 8. 2410 Atlantic Avenue to Virginia George Company, Inc. t/a Dough Boys 24th 9. 2501 Atlantic Avenue to Apple Eight Hospitality Ownership, Inc. t/a Marriott Courtyard 10.3001 Atlantic Avenue to Thirty-First Street, LLC t/a Catch 31 11.39th & Oceanfront to Aqua Investment Associates, LP t/a North Beach Cafe The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. Copies of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchises should be directed to Rob Fries, SGA/Resort Management Office, by calling (757) 385-6641. Ruth Hodges Fraser, MMC City Clerk Beacon March 28 & April 4, '10 21167685 I~~~ F~i ~~~'Y Y 4~ a~y~o J+ j! L ~'r. /• PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property for the following parcel on Tuesday, April 13, 2010, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment regarding the proposed lease agreement of City-owned property located at the Virginia Beach Farmers Market, as defined below: 1) Spaces #30, 31, 32, & 33: Chris and Cathie Sale (t/a Back Bay Mining Company) Any questions concerning this matter should be directed to Melvin Atkinson, Farmers Market Manager, by calling 385-8886. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385 4303. Ruth Hodges Fraser, MMC City Clerk Beacon April 4, 2010 21204926 ., ~~~ '~~~,a'~ NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to land located at 3141 West t:~ibbs Road, 6637 Blackwater Road, and in the 2700 block of Reads Road; 4884 Blackwater Road; and in the 4700 block of Blackwater Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. £~~2319, as amended, known as the Agricultural Lands Preservation Ordinance, ~/hich establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for 'major. infrastructure mprovements and the expenditure of public funds for such improvements; and (e) assist i.~ shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment ., Purohase Agreement for an estimated maximum. purchase price of 92,079,588,. The City's obligation to pay the' purchase=' price -under. the Installment Purchase Agreement is a general obligation of the City, and, the full faith and credit and the unlimited taxing power of the City. will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on April 13, 2010, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon March 28 & April 4, '10 21179274 CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND City Code § 12-49.1 re Permits and Inspections Fees for the Fire Marshall (deferred I 1 /29/09) 2. Ordinance to AUTHORIZE the City Manager to EXECUTE and Submit the 2010 Housing Choice Voucher Five-Year Plan to US Housing & Urban Development (HUD) 3. Ordinance to AUTHORIZE the City Manager to EXECUTE all documents required and APPROPRIATE $395,000 from the Various Site Acquisitions Fund for the acquisition of property fronting Princess Anne Road at Mathews Green from 56"' Street Development Company, LLC. 4. Resolution to AUTHORIZE Police re-certification for continued participation in the Department of Criminal Justice Services' Certified Crime Prevention Community program. 5. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements: a. Venable Real Estate Limited Partnership in the amount of $535,724 in the 4700 block of Blackwater Road b. Rufus C. and Barbara P. White in the amount of $1,212,150 at 3141 West Gibbs Road, 6637 Blackwater Road and the 2700 block of Reads Road c. Sisters II, LLC in the amount of $331,714 at 4884 Blackwater Road 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3)-year lease with Chris and Cathie Sale t/a Back Bay Mining Company for spaces 30-33 at the Farmer's Market 7. Ordinance to AUTHORIZE existing temporary encroachments into a portion of City-owned right-of- way for JANE W. STEINHILBER to maintain a serpentine brick wall, brick columns and landscape; boulders at 4821 Lauderdale Avenue (deferred 3/23/10). DISTRICT 4 - BAYSIDE 8. Ordinance to AUTHORIZE temporary encroachments into a portion of a City-owned drainage easement, Canal No. 2, for 5TIHL, INC. re parking expansion and related improvements. DISTRICT 6 -BEACH 9. Ordinance to AUTHORIZE the City Manager to grant Franchise Agreements re Open Air Cafes: New (One Year): a. Holiday Inn Sunspree Cafe b. Cancun Fiesta Cafe Renewals (Five Year): a. 11 "' Street Cafe -Atlantic Avenue b. 11`h Street Cafe -Boardwalk c. Albie's Pizza d. Black Angus Cafe e. Catch 31 Cafe f. Dough Boys 24`h Cafe g. Marriott Courtyard Cafe h. Planet Pizza i. Rockfish Boardwalk Bar and Sea Grill Cafe 10. Ordinances to ACCEPT and APPROPRIATE: a. $47,900 from Homeland Security to the Fire Department re continuation of the Citizen Corps Council (CCC) and the Community Emergency Response Team programs (CERT) b. $55,158 from the Juvenile Accountability Block Grant FY 09-10 to Human Services re reducing juvenile delinquency for those with intense mental health disabilities: • $49,642 from Criminal Justice Services • $2,758 from increased state revenue • $2,758 from City FY 2009-10 Court Services Unit c. $30,000 from DEA Seized Property Special Revenue Fund to the Police re payment for seized vehicles; $15,340 surveillance equipment and $350,000 for completion of the Police Training Facility (tactical simulation building) 11. Ordinances to TRANSFER: a. $16,278,241 from the General Fund Reserve for Contingencies re Tax Relief for the Elderly and Disabled Program b. $172,283 from the General Fund Reserve for Contingencies to the General Registrar to cover the cost of the June 2010 Republican Primary Election c. $1,460,547 from Debt Service savings to Risk Management Internal Service Fund re insurance premiums and self insurance claims U~BF~,~t, S ~~yL ~1 O~ *'* #~; ~~. ~~ ~ .u. V^°~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 12-49.1 of the City Code Pertaining to Permits and Inspections Fees (Fire Marshal) MEETING DATE: April 13, 2010 ^ Background: Recently, the Fire Marshal's Office was contacted regarding the correct application of the fire inspection fees listed in 12-49.1. This item was indefinitely deferred by City Council on November 29, 2009. ^ Considerations: This amendment makes clear that each individual business premises located within any structure is subject to annual fire inspections and the fee. It also clarifies that the first and second re-inspection, if such follow-up is required after the annual inspection, is free of charge. This amendment exempts City and Virginia Beach City Public Schools facilities from annual fire inspection/re-inspection fees. ^ Public Information: This item will be disseminated to the public through the normal Council agenda process. ^ Recommendations: Adopt ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/AgenCCy: wFire Department City Manage . k . ~~s(bY~'t, 1 AN ORDINANCE TO AMEND SECTION 12- 2 49.1 OF THE CITY CODE PERTAINING TO 3 PERMITS AND INSPECTIONS FEES (FIRE 4 MARSHALL) 5 6 SECTION AMENDED: § 12-49.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 12-49.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 ARTICLE 111. FIRE PREVENTION CODE 15 16 .... 17 18 Sec. 12-49.1. Permits and inspections fees. 19 20 Fees for permits or inspections required by this article or the Virginia Statewide 21 Fire Prevention Code are hereby levied in accordance with the following schedule: 22 23 (1) 24 Annual fire inspection fee... 25 $50 00 However each business premise located within a structure shall be inspected 26 independently of other areas located in the structure. This fee shall not be levied for the 27 inspection of City or Virginia Beach City Public School facilities. 28 (2) Reinspection fee for third re-inspection and every subsequent inspection to 29 demonstrate compliance with the Virginia Statewide Fire Prevention Code ... $25.00_ 30 No fee shall be charged for any necessary first or second re-inspection. This fee shall 31 not be levied for the~inspection of City or Virginia Beach City Public School facilities. 32 .... 33 34 The fees imposed pursuant to this section shall be used to defray the cost of 35 enforcement and appeals under the Statewide Fire Prevention Code. The city manager 36 or his designee may waive any of these fees for permits required in the performance of 37 a contract with the City of Virginia Beach, provided that a written waiver is filed with the 38 fire department along with a copy of the contract. 39 40 COMMENT 41 42 This amendment makes clear that each individual business premises located within any 43 structure is subject to annual fire inspections and the fee. It also clarifies that the first and second 44 re-inspection, if such follow-up is required after the annual inspection, is free of charge. This 45 amendment exempts City and Virginia Beach City Public Schools facilities from annual 46 inspection/re-inspection fees. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO CONTENT: Fire Department APPROVED AS TO LEGAL SUFFICIENCY: City ey's O e CA11300 R-3 November 10, 2009 u• fp ~V ti~ w`F ~F CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2010 Housing Choice Voucher Five-Year Plan, the Annual Agency Plan, and a Revised Administrative Plan, and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 13, 2010 ^ Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit (1) a five-year plan; (2) an annual plan for each fiscal year in which federal funding is received for its HCV program; and (3) an administrative plan. ^ Considerations: The purpose of the five-year agency plan is to inform HUD of DHNP's mission, long range goals and objectives for achieving its mission over the subsequent five years. The purpose of the annual agency plan is to update HUD on DHNP's progress in achieving the goals in the five-year plan. The annual agency plan describes the organization of the HCV program, and details the strategies employed in satisfying affordable rental housing needs in the City. The annual agency plan consists of a mission statement, long term goats, and a series of strategies to accomplish those goals. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. Most of the information contained in the five-year plan and the annual agency plan was previously reviewed and adopted by City Council on February 24, 2009, when City Council approved an ordinance authorizing the City Manager to submit an administrative plan for the HCV program.. The administrative plan details the policies and procedures that govern the day to day operation of the HCV program. The previously approved administrative plan has undergone revision, and is included for approval in this ordinance. The five-year agency plan and the annual agency plan incorporate the provisions of this revised Administrative Plan, and also provide additional plan elements and certifications that are required by HUD annually. The approved plans must be electronically submitted to HUD no later than April 17, 2010. ^ Attachments: Ordinance, Executive Summary Recommended Action: Adopt Ordina Submitting Department/Agency: Hou ' ighborhood Preservation City Manager: s~~~ 1 AN ORDINANCE TO ADOPT THE 2010 HOUSING CHOICE 2 VOUCHER FIVE-YEAR PLAN, THE ANNUAL AGENCY 3 PLAN, AND A REVISED ADMINISTRATIVE PLAN, AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE AND 5 SUBMIT THE PLANS TO THE U.S. DEPARTMENT OF 6 HOUSING AND URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV 10 program"), formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) a five-year plan; (2) an 14 annual plan for each fiscal year in which DHNP receives federal funding for its HCV 15 program; and (3) a revised administrative plan, as applicable; and 16 17 WHEREAS, afive-year plan is submitted by DHNP to HUD every five years; and 18 19 WHEREAS, the purpose of the five-year plan is to inform HUD of DHNP's 20 mission, and DHNP's long range goals and objectives for achieving its mission over the 21 subsequent five years; and' 22 23 WHEREAS, the purpose of the annual agency plan is to update HUD on the 24 DHNP's progress in achieving the goals stated in the five-year plan; and 25 26 WHEREAS, the purpose of the administrative plan is to describe in detail the 27 operational procedures of the HCV program at DHNP; and 28 29 WHEREAS, as required by HUD, DHNP has prepared afive-year plan, an 30 annual plan, and a revised administrative plan; and 31 32 WHEREAS, the DHNP is also required by HUD to include a certification in the 33 five-year plan and the annual plan demonstrating DHNP's compliance with applicable 34 laws, and HUD rules and regulations, in order to continue to operate the HCV program; 35 and 36 37 WHEREAS, executive summaries of the five-year plan, the annual agency plan, 38 and the administrative plan are attached hereto, and a copy of each plan is on file with 39 the City Clerk. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 DHNP's five-year plan, annual agency plan, and revised administrative plan for 45 the Housing Choice Voucher Program are hereby ratified and adopted, and the City 46 Manager is hereby authorized and directed to execute and submit the five-year plan, the 47 48 49 50 51 annual agency plan, and the revised administrative plan to the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. APPROVED AS TO CONTENT: Housing & Preservation APPROVED AS TO LEGAL SUFFICIENCY: . ~. C City Attorne CA11487 R-1 March 31, 2010 Executive Summary Housing Choice Voucher 2010 Administrative Plan City of Virginia Beach HCV PROGRAM AND ADMINISTRATIVE PLAN The City of Virginia Beach Department of Housing & Neighborhood Preservation (VBDHNP) operates the Housing Choice Voucher Program (HCV) within the Rental Housing Division. The VBDHNP receives its funding for the HCV program from the Department of Housing and Urban Development. The VBDHNP enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. The VBDHNP must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV) program in accordance with HUD requirements. The administrative plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and, therefore no board of commissioners. The administrative plan states VBDHNP policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on February 24, 2009 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations at 24CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: • Selection and admission of applicants from the DHNP waiting list, including any DHNP admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4) • Issuing or denying vouchers, including DHNP policy governing the voucher term and any extensions or suspensions of the voucher term. 'Suspension' means stopping the clock on the term of a family's voucher after the family submits a request for approval of the tenancy. If the DHNP decides to allow extensions or suspensions of the voucher term, the DHNP administrative plan must describe how the DHNP determines whether to grant extensions or suspensions, and how the DHNP determines the length of any extension or suspension (Chapter 8); • Any special rules for use of available funds when HUD provides funding to the DHNP for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter Chapter 4 • Occupancy policies, including definition of what group of persons may qualify as a 'family', definition of when a family is considered to be 'continuously assisted'; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); • Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 1); • Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12); • How to determine who remains in the program if a family breaks up (Chapter 12); • Informal review procedures for applicants (Chapter 18); • Informal hearing procedures for participants (Chapter 18); • The process for establishing and revising voucher payment standards (Chapter 8); • The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 11); • Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 4); • Policies concerning payment by a family to the DHNP of amounts the family owes the DHNP (Chapter 17); • Interim re-determinations of family income and composition (Chapter 12); • Restrictions, if any, on the number of moves by a participant family (Chapter 13); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 1); • Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 10); and • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) The 2010 revision of the plan has been prepared and is attached for one's use. Primary differences between the 2009 approved plan and the revision are as follows: - Numerous format, grammatical and organizational corrections. - Change of policy to allow for a single, consolidated waiting list - Revisions to ensure the plan reflects actual day to day operations of VBDHNP's Rental Housing Division - Insertion of required policy descriptions for new programs including the Veterans Administration Supportive Housing (VASH) and the Family Unification Program (FUP) - Changes in our occupancy standards to allow for necessary exceptions due to family size, sex, ages of children and disabilities - Clarification of termination procedures - More detailed explanation of how portability issues are handled by VBDHNP - More details on verification procedures Because of the extent of these revisions, Council approval is required. Once approved, the revised plan will be advertised and made available to the public and, in particular, to current Section 8 voucher holders. . ~., }}~~ "s's' 2Vi_ ,, > ~~ y~~~~~ '~i,,,,,,,.,~ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize the Acquisition of 2.136+/- Acres of Real Property Located in the Mathews Green Development and Fronting on Princess Anne Road for $395,000 from 56th Street Development Company, LLC MEETING DATE: April 13, 2010 ^ Background: 56th Street Development Company, LLC ("56th Street") is the owner of 2.136 acres of real property located in the Mathews Green development (GPIN: 2414-05-8450) (the "Property"). The Property fronts on Princess Anne Road. Previously, 56th Street submitted to the City of Virginia Beach (the "City") a development plan for the Property which consisted of the development of four single-family lots on the Property. During the review process of the development plan, City staff informed 56th Street that the City did not want four additional curb cuts onto Princess Anne Road. Based on such access issues, City staff recommends that the City purchase the Property with funds from the City's Various Site Acquisitions fund (CIP 3-368). ^ Considerations: The City and 56th Street have reached an agreement on the purchase price for the Property and terms of the acquisition. The Purchase Price is $395,000. Purchase of the Property prevents construction of four potential homes with driveways onto Princess Anne Road. For a minimum of fifty (50) years, the Property shall be used solely for open space uses or passive recreational uses, such as hiking trails, walking paths, and other similar uses that do not detract from the forestal nature of the Property. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the acquisition as presented or deny the acquisition. ^ Recommendations: Approve the acquisition as set forth in the attached Summary of Terms. ^ Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the Ordinan Submitting Department/Agency: Publi orks G/~ ~ ~ ~ City Manager: S ~„~ ~ r 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 2.136+/- ACRES OF REAL 3 PROPERTY LOCATED IN THE MATHEWS 4 GREEN DEVELOPMENT AND FRONTING ON 5 PRINCESS ANNE ROAD FOR $395,000 FROM 6 56th STREET DEVELOPMENT COMPANY, LLC s WHEREAS, 56th Street Development Company, LLC ("56th Street") owns 9 2.136± acres of real property located in the Mathews Green development in the City of to Virginia Beach, Virginia (GPIN: 2414-05-8450) (the "Property"). The Property is wooded 11 and fronts on Princess Anne Road; 12 13 WHEREAS, 56th Street based its proposed development of the Property on the 14 existence of the future planned Princess Anne Road; 15 16 WHEREAS, City staff recommends against having four (4) additional curb cuts 17 onto the existing Princess Anne Road and would like the City to have control over is restricting such access; 19 20 WHEREAS, 56th Street desires to sell the Property to the City of Virginia Beach; 21 22 WHEREAS, the acquisition of the Property will be with funds from the City's 23 Various Site Acquisitions Fund (CIP 3-368); and 24 25 WHEREAS, funding for this acquisition is available in the Various Site 26 Acquisitions CIP account. 27 2s BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 1. That the City Council authorizes the acquisition of the Property by 32 purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended. 33 34 2. That the City Manager or his designee is further authorized to execute all 35 documents that may be necessary or appropriate in connection with the purchase of the 36 Property, so long as such documents are in accordance with the Summary of Terms 3 ~ attached hereto and made a part hereof and deemed necessary and sufficient by the 3 s City Manager and in a form deemed satisfactory by the City Attorney. 39 4 o Adopted by the Council of the City of Virginia Beach, Virginia, on the day 41 of , 2010. APPROVED AS TO CONTENT: `~ ~ Mts. Public Works/Real Estate 4(a~~~ CA11391 \\vbgov.com\DPSI Wppbcatioas\CityLawProd\cycom32\Wpdocs\D001\P006\0005051 LDOC R-1 April 2, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office SUMMARY OF TERMS An Ordinance to Authorize the Acquisition of 2.136+/- Acres of Real Property Located in the Mathews Green Development and Fronting on Princess Anne Road for $395,000 from 56th Street Development Company, LLC SELLERS: BUYER: PROPERTY DESCRIPTION: SALE PRICE: DEED RESTRICTION: SOURCE OF FUNDS: SETTLEMENT DATE: 56th Street Development Company, LLC City of Virginia Beach All that certain lot, tract or parcel of land situate, lying and being in the City of Virginia Beach, designated as "A-lA - GPIN 2417-OS-8450" on that certain plat entitled "MATHEWS GREEN PHASE I (MB 29, P. 6 INSTRUMENT #20070820001133510)", dated September 25, 2007, prepared by Kellam Gerwitz and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No. 2008062700075850. $395,000 at Settlement For a minimum of fifty (50) years, the Property shall be used solely for open space uses or passive recreational uses, such as hiking trails, walking paths, and other similar uses that do not detract from the forestal nature of the Property. CIP 3-368 Various Site Acquisitions Ninety (90) days after full execution of the Agreement of Sale W ~-,r ~ % z f _f -- ~Q n ~ ' 1~ r w V J p ~_~ i~ i~ ~~ ,~ lQ CI ~, ~~ ,, ~` \~ ~fi ~ ~~`-- Q _ o0 ,: ,,_~ ~ an ~, --~ .: ° ~~ ~ ~~- ~ ~~~,_~s 0 ~~ ;. / , .i ~ j`~j ~~ Ir~7 S 1~ ~"`~ r ~~' ~~ L'~~ ~ ~~ va~ ~~~, o~ ~ n Q ~~ ~ 0. m 2 ` p Er, 2~ 0 ~: ~~~ 'P U F- J W J ~ H~ ~ 111 LLB ,•; ¢Na~ 1 o ~ Z j 1./ ~ O Z ~ O ~ ~ Z J W a d ~ o l Ow aw ° O +; m c~ ~ o~ cn ni ~ a, ' = N ~ C ~ O N ~ a oN '~'o v ~ yz~ ~ U C3) J vi o`t~ _~, Z ._ (~ ~. a n 0 a> n U 0 u ~ - t ~u etq w''~yh ~' ~' ~s (~~ ~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City of Virginia Beach to Re-Certify for Continued Participation in the Department of Criminal Justice Services' Certified Crime Prevention Community Program MEETING DATE: April 13, 2010 ^ Background: On September 12, 2000, City Council approved a resolution authorizing the City to participate in the Virginia Department of Criminal Justice Services' ("DCJS") Certified Crime Prevention Community Program ("Program"). The program encourages localities to develop and implement collaborative community safety plans. It also provides communities with an ongoing process to reassess and update their plans to address emerging community safety issues. The City obtained certification following adoption of the resolution in 2000, but DCJS requires that City Council authorize the City to re-certify in order to continue participating in the Program. ^ Considerations: Re-certification will reinforce the City's commitment to providing a safe community and will demonstrate that the City continues to meet rigorous standards related to community safety. ^ Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: Police Departmentt City Manager: ~ ~J~~l/J~jit~ G~C./~?~~1-t~-~C. 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO RE-CERTIFY FOR CONTINUED 3 PARTICIPATION IN THE DEPARTMENT OF CRIMINAL 4 JUSTICE SERVICES' CERTIFIED CRIME PREVENTION 5 COMMUNITY PROGRAM 6 WHEREAS, the Virginia Beach City Council supports maintaining the safety and 7 security of its citizens and the community at large to promote crime prevention; 8 9 WHEREAS, the City Council is prepared to continue its support toward 10 appropriate efforts within the community to continue promoting crime prevention and 11 community safety; 12 13 WHEREAS, the Department of Criminal Justice Services ("DCJS") offers 14 communities a "Certified Crime Prevention Community Program" ("Program"), which is 15 specifically designed to recognize Virginia communities committed to crime prevention 16 and community safety while providing a framework for those communities to institute 17 crime prevention at the focal level which must be recertified every three years; 18 19 WHEREAS, before a locality can submit an application for participation in the 20 Program, the local governing body must adopt a resolution authorizing such 21 participation; and 22 23 WHEREAS, participation in the Program also requires a participating locality to 24 designate a local community crime prevention, or community safety, council or coalition. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That City Council hereby authorizes the City of Virginia Beach ("City") to 30 participate in the Department of Criminal Justice Services' Certified Crime Prevention 31 Community Program, and authorizes the Police Department to take all efforts necessary 32 to meet the DCJS requirements for the City to be recertified as a Certified Crime 33 Prevention Community; and 34 35 2. That City Council hereby designates the Virginia Beach Crime Prevention 36 Steering Committee as the City's representative for the purpose of participating in the 37 Program. 38 39 ~ Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2010. APPROVED AS TO CONTENT: f' ~~ ~~ ' P lice D en ~ APPROVED AS TO LEGAL SUFFICIENCY: C~ , City Attorney's Offic ~ u i s 4; -~ ~,~ `F ~~ ~ CITY OF VIRGINIA BEACH , AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $535,724 (Property of Venable Real Estate Limited Partnership) MEETING DATE: April 13, 2010 ^ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City s interests, and other standard contingencies. ^ Considerations: The subject property consists of two (2) parcels of land having approximately 70.49 acres outside of marshland or swampland. It is owned by Venable Real Estate Limited Partnership. Under current development regulations, there is a total development potential of seven (7) single-family dwelling building sites, none of which will be reserved for future development. The site, which is shown on the attached Location Map, is located in the 4700 block of Blackwater Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $535,724. This price is the equivalent of approximately $7,600 per acre of easement acquired. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.4600% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.4600% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ^ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ^ Alternatives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ^ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney ~ s Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manage . ~ ~ ~ ~ 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $535,724 (PROPERTY OF VENABLE REAL ESTATE 6 LIMITED PARTNERSHIP) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $535,724; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.4600% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 6.4600% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 , 2010. CA11398 1lvbpov.oomlDFSt Wpplications\CityLawProdlcycom321Wpdocs~D0251P007100049485.DOC R-1 DATE: March 30, 2010 APPROVED AS TO CONTENT: D~~ Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: (~ UIM,~~+~J City Attorney s Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-98 SUMMARY OF MATERIAL TERMS SELLER: VENABLE REAL ESTATE LIMITED PARTNERSHIP PROPERTY LOCATION: 4700 block of Blackwater Road, Princess Anne District PURCHASE PRICE: $535,724 EASEMENT AREA: 70.49 acres, more or less DEVELOPMENT POTENTIAL: 7single-family dwelling sites (7 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.4600% (actual rate to be determined when STRIPS aze purchased prior to execution of IPA). Rate may not exceed 6.4600% without approval of City Council. TERMS: Interest only twice per yeaz for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) yeaz following execution and delivery of IPA. '~'~~ ~ O ^, rf V ~ ~ ~ ~ ! d. _ O 4~ ~ +-~ ' C~ ~ a--~ ca ~ O W DG C'~ ~ 4~ ~ DC ~ Q~ V ~ m f~ ~ ~u~~~ s ~. f~ A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $1,212,150 (Property of Rufus C. White, Sr. and Barbara P. White) MEETING DATE: April 13, 2010 ^ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights~of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City s interests, and other standard contingencies. ^ Considerations: The subject property consists of four (4) parcels of land having approximately 179.43 acres outside of marshland or swampland. It is owned by Rufus C. White, Sr. and Barbara P. White. Under current development regulations, there is a total development potential of eighteen (18) single-family dwelling building sites, two (2) of which will be reserved for future development as 3 acre building sites. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The parcels, which are shown on the attached Location Map, are located at 3141 West Gibbs Road, 6637 Blackwater Road, and in the 2700 block of Reads Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,212,150. This price is the equivalent of approximately $6,756 per acre of easement acquired. z The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.600% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.600% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ^ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ^ Alternatives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ^ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney s Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department ~d'LI City Manager: k U'l~ 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $1,212,150 (PROPERTY OF RUFUS C. WHITE, SR. AND 6 BARBARA P. WHITE) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $1,212,150; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.6000% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 6.6000% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 65 , 2010. CA11397 \\vbgov.com\DFS1 Wpplicationa\CityLawProdlcycom321Wpdocs1D025\P007\00049474.DOC R-1 DATE: March 30, 2010 APPROVED AS TO CONTENT D ~- Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: f ~ ~ ti ~~ City Attorney's ffice CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-101 SUMMARY OF MATERIAL TERMS SELLER: WHITE, Sr. Rufus C. and WHITE, Bazbaza P. PROPERTY LOCATION: 3141 West Gibbs Road, 6637 Blackwater Road, and in the 2700 block of Reads Road, Princess Anne District PURCHASE PRICE: $1,212,150 EASEMENT AREA: 179.43 acres, more or less DEVELOPMENT POTENTIAL: 18 single-family dwelling sites (16 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.6000% (actual rate to be determined when STRIPS aze purchased prior to execution of IPA). Rate may not exceed 6.6000% without approval of City Council. TERMS: Interest only twice per yeaz for 25 yeazs, with payment of principal due 25 yeazs from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) yeaz following execution and delivery of IPA. ~. O 4~ ~_ 3 c~ c~ Ca m C~ N ~I--- ^~ W L V m d- I c~ O DC L U f0 ~,~ f~ c/1 ._ a--~ t/1 4~ 3 7 `~ : s ,..- ~,~ '1' w ,.~~" rr~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $331,714 (Property of Sisters II, LLC) MEETING DATE: April 13, 2010 ^ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eleven (11) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City s interests, and other standard contingencies. ^ Considerations: The subject property consists of one (1) parcel of land having approximately 65.47 acres outside of marshland or swampland. It is owned by Sisters II, LLC. Under current development regulations, there is a total development potential of six (6) single-family dwelling building sites, two (2) of which will be reserved for future development as 3 acre building sites. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located at 4884 Blackwater Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $331,714. This price is the equivalent of approximately $5,067 per acre of easement acquired. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.3500% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.3500% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ^ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ^ Alternatives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ^ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney s Office); area map showing location of property. _ Recommended Action: Adoption Submitting Department/Agency: Agriculture Department ,~~ ' City Manager: S ~ ,~~`C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $331,714 (PROPERTY OF SISTERS II, LLC) WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $331,714; and 17 WHEREAS, the aforesaid Development Rights shall be 18 acquisition of a perpetual agricultural land preservation easement 19 compliance with, the requirements of the Ordinance; and acquired through the as defined in, and in 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.3500% per annum 34 or the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.3500% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. The City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 64 , 2010. CA11396 \\vbpov.com\DFS11Applieations\CiryLawProdlcycom32\Wpdocs1D025\POOT00049454. DOC R-1 DATE: March 30, 2010 APPROVED AS TO CONTENT: /,/ ~ Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: WIVE City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ~~ Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-95 SUMMARY OF MATERIAL TERMS SELLER: SISTERS II, LLC PROPERTY LOCATION: 4884 Blackwater Road, Princess Anne District PURCHASE PRICE: $331,714 EASEMENT AREA: 65.47 acres, more or less DEVELOPMENT POTENTIAL: 6single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.3500% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.3500% without approval of City Council. TERMS: Interest only twice per yeaz for 25 yeazs, with payment of principal due 25 yeazs from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. ~ U ~ ~ ~ ti O d- ^L ~ L.i~ U ~ ~ J ~ 0 ~~ ~ ~ ~ ~ .~ ~ U ;PC'~~ ~ tiY ~< ~ • ~1~) (~ w.... ~~ ~Sj <~~ l 7r, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3-Year Lease with Chris and Cathie Sale (t/a Back Bay Mining Company) for Spaces #30, 31, 32 and 33 in the Virginia Beach Farmers Market. MEETING DATE: April 13, 2010 ^ Background: Chris and Cathie Sale (t/a Back Bay Mining Company) ("Back Bay") are existing tenants at the Virginia Beach Farmers Market and would like to continue to lease Spaces #30, 31, 32 and 33 from the City of Virginia Beach (the "City"). ^ Considerations: The term of the lease is three (3) years, and the lease has a sixty (60) day termination clause in the event the City needs the property prior to the termination of the lease for any public purpose. Back Bay will pay rent in the amount of $456 per month ($5,472 per year) for the first year, with 5% annual rent increases. The other lease terms are set forth in the attached Summary of Terms. ^ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ^ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ^ Recommendation: Approval ^ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculture ~~ City Manager. S ~•~~. \\vbgov.com\DFS 1 Wpplicatioas\CaylawProd\cycom72\ Wpdocs\D018\P007\00044695.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3-YEAR LEASE WITH 3 CHRIS AND CATHIE SALE (T/A BACK BAY MINING 4 COMPANY) FOR SPACES #30, 31, 32 AND 33 IN 5 THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Chris and Cathie Sale (t/a Back Bay Mining Company) ("Back Bay") 12 are existing tenants and would like to enter into a new formal lease arrangement with 13 the City for Spaces #30, 31, 32 and 33 in the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a retail establishment selling natural 16 stones and gems, and providing educational and entertainment programs about gem 17 mining, and for no other purpose; 18 19 WHEREAS, Back Bay has agreed to pay the City $456 per month ($5,472 per 20 year) for the use of the Premises for the first year of the term, with annual rent increases 21 equal to five (5) percent; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of three 27 (3) years between Chris and Cathie Sale (t/a Back Bay Mining Company) and the City, 28 for the Premises in accordance with the Summary of Terms attached hereto and made 29 apart hereof, and such other terms, conditions or modifications as may be acceptable 30 to the City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia -on the day of 33 , 2010. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney APPROVED AS TO CONTENT o~~ Department of Agriculture CA11385 V ~\appficatioos\citylawprod\cycoro32\Wpdocs\D025\P004\00007364.DOC R-1 March 31, 2010 SUMMARY OF TERMS LEASE FOR SPACES #30, 31, 32 AND 33 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Chris and Cathie Sale (t/a Back Bay Mining Company) PREMISES: Spaces #30, 31, 32 and 33 TERM: 36 months: May 1, 2010 -April 30, 2013 RENT: Year Monthly Rcn4 e.,.,. ~~i o,,.,~ 1 $ 456 $ 5,472 2 $ 479 $ 5,748 3 ~ $ 503 $ 6,036 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of natural gems and stones, and providing educational and entertainment programs about gem mining, and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Tuesdays through Saturdays, and from 12:00 p.m. to 5:00 p.m. on Sundays. Lessee will always be closed on Mondays. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' notice. • City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\DFS 1 Wpplications\CitylawProd\cycom32\Wpdocs\D018\P007\00044700.DOC LOCATION MAP ...~ 1 ~~~ ~; ~.. ~~. ~. ,~ ~~ ,~. ,, .,. ~ } ,. .~. ~ _ •4 N ~~ ~ ~ ~_ ~ ~ r ~ ~ ~ ~. ~~ _~ ~;~ ~ _ s ~' E ~ N ~.~ 1~ ~! ~:~ f _.~ ~~ . `_~ ~ , 4, /' . ' ~ 1 ~~ ' ~ N~~~ ~ s ~r4~~f`~. ~ ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize existing Temporary Encroachments into a portion of the City Right-of-Way known as Lauderdale Avenue, for Jane W. Steinhilber MEETING DATE: April 13, 2010 ^ Background: This encroachment request was deferred by City Council at its formal session on March 23, 2010. Jane W. Steinhilber has requested permission to maintain an existing serpentine brick wall, 4 brick columns, and landscape boulders, all in a portion of the City's right-of-way known as Lauderdale Avenue, and located adjacent to Ms. Steinhilber's property of 4821 Lauderdale Avenue, Virginia Beach, Virginia. This encroachment came about by a complaint received in the Public Works Real Estate office. Upon investigation of the property an encroachment of an existing serpentine brick wall, 4 brick columns, and landscape boulders were all found in a portion of City right-of-way. The property owner was notified and subsequently submitted an encroachment application. S M Masonry constructed the wall on August 25, 2008. No record of any permits being issued was found. There are no other encroachments of this nature located in the right-of-way in the area. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended denial based on the following: • This encroachment is approximately 17.6' from the property line into the right-of-way at the closest point. Also, the current wall appears to be about 3' from the sanitary sewer at the closest point. A separation of 10' must be maintained from the existing sanitary sewer main to allow for safe excavation when repairs are necessary. • The proposed brick walls and brick columns are too close to the roadway pavement and there are large rocks/stones (landscape boulders) in the right-of-way. These items cause a safety clear zone issue. The brick walls should be at least 7' away from the edge of the road and the large rocks/stones should be removed from the right-of-way. • The frontage of the property is approximately 50 feet and the existing encroachment has eliminated approximately five (5) perpendicular parking spaces and three (3) parallel parking spaces in this area. • The height of the brick columns in the wall range from 4.0' to 5.4'. The maximum height for awall/fence in a front yard is 4'. Since this encroachment creates an extended front yard into the public right-of-way, the encroachment within the right-of--way should not exceed 4' in height. ^ Public Information: Advertisement of City Council Agenda. ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Deny the request. ^ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Denial of the ordinance. Submitting Department/Agency: Public Works/R Estate ~' G_/ ",~r• City Manager: -V 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE EXISTING 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF THE RIGHT-OF-WAY KNOWN 6 AS LAUDERDALE AVENUE, FOR JANE W. 7 STEINHILBER 8 9 WHEREAS, Jane W. Steinhilber desires to maintain an existing serpentine brick 10 wall, 4 brick columns, and landscape boulders, all within a portion of the City's right-of- l1 way known as Lauderdale Avenue, in the City of Virginia Beach, Virginia; and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 15 City's right-of--way, subject to such terms and conditions as Council may prescribe. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2 0 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Jane W. Steinhilber, her 21 heirs, assigns and successors in title, is authorized to maintain existing temporary 22 encroachments for a serpentine brick wall, 4 brick columns, and landscape boulders, in 2 3 a portion of the City's right-of--way as shown on the map marked Exhibit "A" and entitled: 24 "EXHIBIT A SHOWING RIGHT-OF-WAY ENCROACHMENTS OF LOTS 29 & 30, 25 BLOCK 17 CHESAPEAKE PARK INTO LAUDERDALE AVENUE VIRGINIA BEACH, 26 VIRGINIA," a copy of which is on file in the Department of Public Works and to which 2 ~ reference is made for a more particular description; and 28 29 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and Jane W. Steinhilber (the "Agreement"), which is attached 32 hereto and incorporated by reference; and 33 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 38 time as Jane W. Steinhilber and the City Manager or his authorized designee execute 3 9 the Agreement. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 2 of , 2010. CA-11002 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA17002 Steinhilber Ordiance.doc V:lapplicationslcitylawprod\cycan321W pdocs\D0241P006\00045392.f~OC R-1 PREPARED: 1/25/10 APPROVED AS TO CONTENTS (' . D~C~,~s'G,~ BLIC WORKS, REAL APPROVED AS TO LEGAL FFICIENCY AND FORM Nel .Ford, Special Council for the City Attorney PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this ~+h day of , 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JANE W. STEINHILBER, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee°, even though more than one. WITNESS ETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lot 29 and Lot 30", in Block 17, as shown on that certain plat entitled: "CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA." and "CHESAPEAKE PARK PRINCESS ANNE Co. Va." and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being further designated, known, and described as 4821 Lauderdale Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing serpentine brick wall, 4 brick columns, and landscape boulders, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of--way known as Lauderdale Avenue, the "Encroachment Area"; and GPIN: 1570-52-3519-0000; City Right-of Way NO GPIN WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A SHOWING RIGHT-OF-WAY ENCROACHMENTS OF LOTS 29 & 30, BLOCK 17 CHESAPEAKE PARK INTO LAUDERDALE AVENUE VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right-of--way/utility easement permit, the Grantee must post a bond or other security, in 3 the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 4 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a pena Ity in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Jane W. Steinhilber, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: iBy (SEAL) City Manager/Authorized Designee of the City Manager The foregoing instrument was acknowledged before me this day of 2010, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Notary Public (SEAL) The foregoing instrument was acknowledged before me this day of 2010, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: Notary Public (SEAL) 6 // ~V ' J e W. Steinhilber STATE OF V L~ ('° L CITY/COUNTY O)J ~c.~ ~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of 2009, by Jane W. Steinhilber Notary Registration Number: 1 ~3y l My Commission Expires: ~ ~ ~ ~ I ~ (SEAL) Notary P blic ``~~~r,uui~~~~,~i ~~ ~~j-LTH p O?•' '•: ~.• ~ NATALIE a • M. 0@18 ~~ ~~ 1a qNE APPROVED AS TO CONTENTS c. . NATURE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ Nell .Ford, Special Counsel for the City Attorney Pty ~f~1 ~~e DEPARTMENT X:\Projects\EncroachmentsWpplicants\Steinhilber, Jane - KMJ\CA11002 Steinhilber Encroachment Agfeement-NFL Revised Final 05-21-2009[1J.doc 7 LOT 9 LOT 10 LOT 11 LOT 12 IP F :50.00' ' FIIPE F 0.2' IN : LOT ~ 34 : •:LOT ~29:~'~ c+~c~' LOT 28 LOT 31 =:~:~' BRCK :;::: • 122' • 12.3' . 5.0' LEGEND 2.8' 2 FR~EY ~ 4821 0.2' IN ^,. ~' Of BRICK -- EDGE OF [5.3' rWALL 5.3'] [ PAVEMENT-~ / [ [5.4'] 3.5'] [4.0' TH ~ LAUDERDALE AVENUE pfd m V WARD M. HOLMES •~ uc. Mo.1403 y G~'.~~~ ~NARD M. ~ e-zs-os LAND SURVEY ~,~,b ~~ 9225 GRANSY ~ NORFOLK, VIRGI O 0 O =LANDSCAPE BOULDER [4.1'] = W LL ME~A.SURED~FRO A ADJACENT GROUND 0.9' OUT 0.5' OUT BRICK COLUMN EXHIBIT A [2.e'] SHOWING RIGHT-OF-WAY 1'] ENCROACHMENTS OF LOTS 29 & 30, BLOCK 17 CHESAPEAKE PARK INTO LAUDERDALE AVENUE VIRGINIA BEACH, VIRGINIA ,t~O~ '~~ ~5 ,~` ~s CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City's drainage easement known as Canal No. 2 and a 35' City drainage easement by Stihl Incorporated, a Delaware corporation MEETING DATE: April 13, 2010 ^ Background: Stihl Incorporated has requested permission to encroach into ahigh-ground portion of the City's drainage easement known as "Canal No. 2" and into a portion of a 35' City drainage easement. The purpose of these encroachments is to allow for an expansion of their parking facilities, to include the installation of related asphalt, concrete curbing, lighting, electrical conduit, drainage facilities, piping, bio-retention landscaping and fencing. This request involves three adjacent properties owned by Stihl Incorporated. ^ Considerations: City Council approved a similar request for Stihl Incorporated in June of 1993 (see Deed Book 3260, Page 2194 attached) which involved one of the three parcels in this request. The CBPA Board approved these parking lot expansions on August 24, 2009 subject to certain conditions (see attached). City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachments: Ordinance, Agreement, Plat, CBPA Conditions, Pictures, Location Map, Deed Book 3260 at Page 2194 Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real City Manager: ~ J~ , Est~ls~.~ £ ~~i~ D~-o~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY'S g DRAINAGE EASEMENT KNOWN AS ~ CANAL NO. 2 AND A 35' CITY g DRAINAGE EASEMENT BY STIHL a INCORPORATED 10 11 WHEREAS, Stihl Incorporated desires to construct and maintain an expansion of 12 its parking facilities, to include the installation of related asphalt, concrete curbing, 13 lighting, electrical conduit, drainage facilities, piping, bio-retention landscaping and 14 fencing within a portion of the City's drainage easement known as "Canal No. 2" and 15 within a portion of a 35' City drainage easement, located adjacent to 528, 532 and 536 16 Viking Drive, in the City of Virginia Beach, Virginia. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 o City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Stihl Incorporated, its 2 6 assigns and successors in title are authorized to construct and maintain temporary 27 encroachments for a parking lot expansion, to include the installation of related asphalt, 28 concrete curbing, lighting, electrical conduit, drainage facilities, piping, bio-retention 2 9 landscaping, and fencing, in a portion of the City's drainage easement known as "Canal 3 o No. 2" and in a portion of a 35' City drainage easement, as shown on the map marked 31 Exhibit "A" and entitled: "EXHIBIT "A" SHOWING PARKING ENCROACHMENT AREA", 32 a copy of which is on file in the Department of Public Works and to which reference is 33 made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 3 6 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Stihl Incorporated (the "Agreement"), which is attached 3 s hereto and incorporated by reference; and 39 4o BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 4 4 time as Stihl Incorporated and the City Manager or his authorized designee execute the 4 5 Agreement. 46 47 4 8 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 9 of , 2010. CA-11390 X:\OID\REAL ESTATE\Encroachments\PW Ordinances1CA11390 Stihl Incorporated Ordiance-Final v3.dce V:\applications\atylawprod\cycom32\W pdocs1D031 \P004\00050426.DOC R-1 PREPARED: 03/31 /2010 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~- C. O ~S LIC WORKS, REAL ESTATE Rebecca D. Ku 'n, Deputy City Attorney PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 31st day of March, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STIHL INCORPORATED, a Delaware corporation authorized to transact business in Virginia, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Parcel A" as shown on that certain plat entitled: "RESUBDIVISION OF PARCEL 68 RESUBDIVISION OF OCEANA WEST INDUSTRIAL PARK (MB227, PG72) AND PARCEL 17 SUBDIVISION OF PARCEL 17 OCEANA WEST INDUSTRIAL PARK (MB133, PG56)," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20030812001248260, and "Parcels 07 and 08" as shown on that certain plat entitled: "SUBDIVISION OF PARCELS 07, 08, 09, 10 & 11 A RESUBDIVISION OF PARCELS 03 & 04 OCEANA WEST INDUSTRIAL PARK," and said plat is recorded in the aforesaid Clerk's Office in Map Book 114, at page 14, and being further designated, known, and described as 536, 532 and 528 Viking Drive (respectively), Virginia Beach, Virginia; WHEREAS, it is proposed by the Grantee to construct and maintain an expansion of its parking facilities, to include the installation of related asphalt, concrete curbing, lighting, electrical conduit, drainage facilities, piping, bio-retention landscaping GPIN'S: 1496-56-8967-0000, 1496-57-8539-0000 and 1496-57-9853-0000 and fencing (chain link fence eight feet in height with a triple strand top), collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the existing City's drainage easement known as Canal No. 2 and into a portion of a 35' City drainage easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT "A" SHOWING PARKING ENCROACHMENT AREA", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and • against all .claims, damages, losses and•expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times its engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 3 It is further expressly understood and agreed that the Grantee shall establish and maintain a combination of riparian buffer and other revegetated areas to compensate for impervious encroachments into the Encroachment Area. The riparian buffer and other revegetated areas shall not be established during the months of June, July, or August, so that they have the greatest likelihood of survivability. The riparian buffer and other revegetated areas shall be installed in accordance with the site plan drawings identified as sheets 11, 12 and 13 of 13 dated January 12, 2010 and maintained on file in the Department of Planning, and shall satisfy all of the conditions imposed by the Chesapeake Bay Preservation Area Board at its meeting on August 24, 2009 and attached to this agreement as Exhibit "B". The Grantee shall notify the Department of Planning when the riparian buffer and other revegetated areas are complete and ready for inspection. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a 4 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further understood and agreed that the Grantee will provide a double gate along the northern property line of the collective properties, with a minimum sixteen (16) foot opening. Said gate is to be located between the existing parking lot and the top of bank. If the gate is locked, keys must be provided~to the City of Virginia Beach, Department of Public Works, Highway Operations Division. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said STIHL INCORPRATED, a Delaware corporation authorized to transact business in Virginia, has caused this Agreement to be executed in its corporate name and on its behalf by PETER MUELLER, its Executive 5 Vice President, with due authority to bind said corporation. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 P I ~~I ~9 I . ..... <~ -.Ik.~l~,..l CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITI~ MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 7 STIHL INCORPORATED, a Delaware corporation ~`' By: ~~ ~ (SEAL) PETER MUELLER, Executive Vice President STATE OF VIRGINIA CITY/COUNTY OF y~~;^~y ~ aJ?. , to-wit: The foregoing instrument was acknowledged before me this ~_ day of ~14~~R , 2010, by PETER MUELLER, as Executive Vice President of STIHL INCORPORATED, a Delaware corporation. 5,,,~°nne N~`~, (SEAL) Notary Public Notary Registration Number: 7a,'1 37 57 My Commission Expires: My Commission Exnirac Jnna ~~ ^^~^ My Commission Expires June 30, 2013 ;+~ vf~ ~ 1~r, ~'~, ... r ~ /J :/tir `v1 ~~~.// r f),r~ r4r~~.:.. lri~,~~ t >~J ,, , r a . , p ., c Zr~'Cr~~~tF~a~. '~ ~p orr Ci i,~ ^~ ti. Me : ~- <~' .; ,. ~ ,; ~ °. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 8 .~.,~~~~ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~F ~'. ~~~'j h~ NATURE Rebecca D. K m, Deputy City Attorney ~w ~1 ~~c DEPARTMENT 9 M.B. 114, PG. 14 GPIN.• 1496-69-3224 - ~ CANAL NGE CREEK _ N7a 5~ -" '. CULVERT ~ONpON BR1p -- 320.55 OF BANK 167.82 EXIST. PARK/NG ' 51502 . E- EX/ST. L/GHT ~ _ 80.06'8 E S04'38'58"E 16 ~ POLE ~ -~ 1.5 SY VDOT 38.30_ - ~ I,~ ~ :C=1-- -PROP. LIGHT ~'ry TOE OF o ~4'-8" SDR35/'POLE ) ~ EX/ST. CAAG4L ~~ ~ ~, 1? ~o PVC -_~ - _ _ ~ --~ ~n' CBPA BUFFE_ _ --~ ~ ` ~~ ~_ 18~ :•:• ;::•:•'.•::t •::•:183' _1 - --nor--r+r~c -^ _~\ p1PE~.~: I .. • ~ ~ N~p rpM B CBPA =~~ ~P~R/O~P. FlLTERRA ~' 1 p0' ~ rRVf. JIVR IX~~m+-~ ~_ ~~ STRUCTURE (TYP _ 1 _ VARIABLE N7DTH_ _ CITY BUfFER 50' RCP 7.4' a~ 18 IPEN ~' ~ 37'-18' RCP PIPE PROP. FENCE `~ WITH 16' GATE ~ 0 I $' °f GPIN.• 1496-57 _ EX/ST. FENCE - I GPl . 496-57-985.T ~ ~~ i ~ ~ I ~- o ~ ~ m ~ m ~ ~ 1 s.9' ~ ` s.s' ~ CENTERLI OF 35' ~ DRAINAGE • SEMENT M.B. 1 PG 14 . B. 1 PG. 24 , I ~ ~~- - 159.68' R=111.01 R=1113.01' - L=20.32' L=173.94' VIKING DRIVE (60' R/W) _ (M.B. 114, PG. 14)(M.B. 277, PG. 73) 100 50 0 100 200 scale feet TOP OF EX/ST. CANAL Q4NK 0 o ~o ~~ a ~a ~ 20 24' ~ ~ RCP PIPE 24'-24" u: ~~ ~ • va ~'`..pf'" rn ~ ~ m GPIN.• 1496-56-8967 ~- - ~~ z ~ I ~ I ~+. m - ti ~ I~I NOTEs: 1. THE ONLY BURIED CONDUIT ASSOCIATED a WITH THIS PROJECT CONSISTS OF ELECTRIC P .PARKING CONDUIT TO SERVE THE PARKING LOT LIGHTING. -P OP~ NCE 12. THERE IS NO PROPOSED FENCE ADJACENT I ~ I TO THE EXISTING CANAL. ON-SITE LANDSCAPING I 2 ARMSTRONG MAPLE :}I_ ~ 8 RED SUNSET MAPLE 20 LOBLOLLY PINE 9 WILLOW OAK r I 12 JANE MAGNOLIA Mp 7 EASTERN RED CEDAR ( 29 ACOMA CREPE MYRTLE - d I 50 LITTLE RICHARD ABELIA Itl; 93 BORDEUX DWARF YAUPON HOLLY ~ I I 49 BLUE PACIFIC JUNIPER I 46 SOUTHERN WAX MYRTLE 26'-4" PVC 1~8'-15" RCP br-nr 1496-56-8967 EX/ST. IMP. AREA=1,204.4 SO.FI. ~ PROP. IMP. AREA=2,339.3 SOFT. I ~ o `r GP/N.• 1496-57-8539 EXIST. IMP. AREA=4,996.8 SOFT. PROP. IMP. AREA=7,957.3 SOFT. GP/N.• 1496-57-9853 ~_IX/ST. /MP. AREA=O SQ.fT.~ ~ ~ ~ .-PROP. IMP. AREA=5,421.1 SOFT. N13'0 TOTAL EIIST AREA=6201.2 SOFT. TOTAL PROP AREA= X5,717.7 SOFT. 7'52"W 30.00' ~ _~ ~ EXHIBIT "A" , ~~~ SHOWING PARKING ~~°~ ENCROACHMENT AREA ~. ~ VIRGINIA BEACH VIRGINIA k I III Id I .~, MI v " W ~ ~ U ,. ~ e- ~~~ 9 ~ j ZN U -,~ m Wa0 ~' ~... Q Z a 3 ~~ ° o~ ` w vpz z ~ ~ Oaa Q ~ ~ C) ~ r° ~ ~~ v N M Z ~ ~WZc s o~ ~ _- a - 11 co ~ e°h' ~ ~ cfl GENE ~ p ~.' ~ °' ° .~ ao ~ ~ ~ Y F-pWWZp BOO g ti ti ~ ~a WFW-QQ~Z ~ x ~--~ ~ ~ ~ ~ Q p Q J Q z, z w co m - ~ ~ W - o~ ~ ~ _ - ~_. fin- Wao ~ ..,~,~ z ~ F- ~ V p W ti °o ~,~. _,-~-Yj w ZO W Z ? ? Q ~ ~n ::.:~ ~~Z I-~-~pZ~ o __ j_~~.- ~~.~ Q2 JWZQ~ ~ ,~~'` OQ= ~~~ N ~ .. ti c~ JOF'JJp~ o ~~VQ~oo Rm °zR ¢ ZQ~-VIA---~ __ ~~~ ~s _/'~J' Y Vl ~' VIKING~DR-~-~"'"'~ ~~ Y w = ~' ~ ~ © ~11~~y~M6 a w O in w ~ u.~ZZ z ~ O?-a w o Z=~t~ Q __- ~ 'o O O Z -°--"`"""L'YNNHAVEN~PKW`~ ~a °°~ ~~ ~~i ~ ~~ ~ Q C~ W ° azu- N .w,, Xmp o a ~ '~-. w f w? a ~~--.FHOENIX=DR~ ~ 'u~, Z V m ~ °'` J ~ .~ t _ ~~~ ~ J ~ °~>> ~~ BR~6GE Rp ON __ ~ n LONDON "~--, ~' L ~ d a a ~ ~ V •N ~, `..~. J a f~ N i Q N V f6 O L U W CAA ca a .3 O t cn _._ ~ ,; ,, k t f6 N a s U fa O U W ~_ f~ CaA .~ O s _. ~~ -~ ,.: r.~: a~ ~ 4 ~ ~y ' ` -i, a ~ ~ • 3~ ~ ~ EXHIBIT "B" PROPERTY OWNER: STIHL, INC. PROPERTY ADDRESS: 528 VIKING DRIVE Application of: STIHL INC. - 528 VIKING DR. - GPIN 1496579853 -BEACH BOARD ACTION: APPROVED WITH CONDITIONS ON AUGUST 24, 2009. PROPOSED PROJECT: Construction of parking lots (197 spaces) to link with the existing Stihl parking facility to the south. 1. Apre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Orange 36" re-enforced silt fence, for erosion and sedimentation control measures, shall be installed along the seaward limits of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 ft. from proposed improvements. 3. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed /denuded area(s) prior to a final building inspection or certificate of occupancy. 4. Construction limits shall lie a maximum of 10' outboard of improvements. 5. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 6. Stormwater runoff from existing and proposed impervious cover at 528 & 532 Viking Drive shall be conveyed to stormwater management facilities (Filterra Units are proposed, however no filterra units are shown on the submitted site plan for existing impervious cover). Filterra units are also proposed for the additional parking facilities at 536 Viking Drive. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 7. Storm water calculations for pre and post impervious cover shall be based upon land area landward of water, marsh, and wetlands. 8. If and when the shoreline is hardened, arip-rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said 1 revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. Said condition shall be so noted on the site plan. 9. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $2,452.00 and is based on 25% of the proposed impervious cover within the landward 50' portion of the RPA. Said payment shall provide for the equivalent of an approximate 2,675 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 10.Areas that are currently in a natural state, shall remain in a natural state to include the forest floor (leaf litter) left intact. 11. Buffer restoratio'rr equal to the proposed amount of new impervous cover shall be installed. Said restoration shall be 200% of proposed impervious cover within the RPA inclusive of the variable width buffer and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4" - 6" in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be. comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. It is understood that the required restoration may need to be installed on adjacent Stihl owned properties. The required landscape plan shall identify all restoration areas and turf zones. 12.A separate landscape /buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized area (forest floor), planting beds, and turf zones. 13.The conditions and approval associated with this variance are based on the site plan sealed July 24, 2009, prepared by Hoggard Eure Associates. 14. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. ** NOTE: The amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be 2 removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. NOTE: All land disturbances over 2,500 sq. ft. requires a Virginia Stormwater Management Programs Permit. Mr. Sean Marsden, Hoggard Eure Associates, agent, appeared before the Board on behalf of the applicant. Mr. Ted Quinter, Production Manager for Stihl, was also present. There was no opposition present. A motion was made by Mr. Thomas and seconded by Mr. Levinson to approve the variance request with the 14 conditions listed above. AYE 8 DIN EVANS LEVINSON MARTIN MCCOY MCNULTY SCHMIDT THOMAS WOOD NO 0 AYE AYE AYE AYE ABSTAIN AYE AYE AYE AYE ABSTAIN ~ 1 ABSENT 0 Mr. Wayne McCoy abstained from the voting since he performed the wetlands delineation. p I III fl .,,,, •. ~: :~ ~~ ~, t~ I, oo~~ooz.. ~K3260PG2 ~ 94 THIS AGREEMENT, made this !fo ~l day of E , 19~, by and between the CITX OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and' STIHL, INCORPORATED, a Delaware Corporation, ITS HEIRS, ASSIGNS ; AND SUCCESSORS IN TITLE, party of the second part, Grantee. W I T H E S S E T H: That, WHEREAS, it is proposed by the party of the; second part to construct and maintain a parking lot addition and: a chain link fence eight feet in height with a triple strand top' in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such parking] lot addition and fence, it is necessary that the said party of the second part encroach into a portion of the City's easement' known as Canal No. 2; and said party of the second part has ` ~~ requested that the party of the first part grant a temporary i ~ encroachment to facilitate such parking lot addition and fence; j within a portion of the City's easement known as Canal No. 2. ff NOW, THEREFORE, for and in consideration of the ~; ii premises and of the benefits accruing or to accrue to the party; of the second part and for the further consideration of One Dollar (51.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's easement known as Canal No. 2 for the purpose of constructing and maintaining such parking lot and fence. GPIN 1496-57-8044 & 1496-66-1069 RK3260PG2195 It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's easement known as Canal No. 2 as shown on that certain plat entitled: "STIHL, INC. PARKING ADDITION, O.W.I.P. ' Virginia Beach, Princess Anne Borough, Virginia, OVERALL LAYOUT, Date: 4/19/93, SCALE: 1"=100' ," a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more particular description. An area of encroachment into a portion of the City's easement known as Canal No. 2 as shown on that certain plat entitled: "PART SITE PLAN OF STIHL INCORPORATED PROPERTY SHOWING PROPOSED FENCE AT NORTH OF PROPERTY. SCALE 1° = 100' APRIL 4, 1993," a copy of . which is attached hereto as Exhibit. "B" and to which reference is made for a more particular description. It is further expressly understood and agreed that the ~ temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's easement known as Canal No. 2 by the party of the second part; and that the party of the second part shall bear all casts and expenses of such removal. 2 ~ _ _ ._.~....dlP.~l.«,I. s ., , EK3260PG2196 It is further expressly understood and agreed that the: party of the second part shall indemnify and hold harmless the; City of Virginia Beach, its agents and employees, from and; against all claims, damages, losses and expenses including; reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of. such temporary encroachment. It is further expressly understood and agreed that; nothing herein contained shall be construed ~to enlarge such? permission and authority to permit the maintenance or? f construction of any encroachment other than that specified herein. and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that thej i party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from thei Development Services Center prior to commencing any construction; within the City's right-of-way. It is further expressly understood and agreed that: prior to issuance of a Highway permit, the party of the second: part must post a Performance Bond and show proof of public: liability insurance of a minimum of Three Hundred Thousand. Dollars ($300,000). 3 i I • • , ~ .I ~~ ~, BK326DPG2197 It is further expressly understood and agreed that the: party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of they encroachment, if required by either the City Engineers Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the' party of second part c~~ill provide a double gate along the: northern ro ert line with a minimum sixteen 16 foat o enin ! p P Y ( } p 9• Said gate to be located between the existing parking lot and thel top of the bank. If gate is locked, keys must be provided to thei City of Virginia Heach, Department of Public Works, Highways; Division. It is further expressly understood ar!:i agreed that the i party of the first part, upon revocation of such a:~thority and! permission so granted, may remove any such encroacnmen.. and charge the cost thereof to the party of the second part, and; collect .the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal,' the party of the first part may charge the party of the second part compensation for the use of such portion of the City's easement encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City 4 m ~~ f i ~ ,-.~.~~.I. BK3260PG2198 shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment! is allowed to continue thereafter, and shall collect such; compensation and penalties in any manner provided by law for the':, collection of local or state taxes. IN WITNESS WHEREOF, the said STIHL, INCORPORATED has? caused this Agreement to be executed in its corporate name and on~ its behalf by its president, and its corporate seal to be hereto' affixed and duly attested by its corporate secretary with due! authority by its board of directors. Further, that the City of ~ Virginia Beach has caused this paree~nent to be executed in its i name and on its behalf by its City Man~iger and its seal be hereunto affixed and attested by its Cizy Clerk. (SEAL) ATTEST: ~7 Ci y Clerk (SEAL) ATTEST: (Title) CITY OF VIRGINIA BEACH ;, By Z ~' .,~ City Manager/Author zed Designee of the City Manager; STIHL, INCORPORATED, a DeC /.~li~.Ll C !~- .~°/Z--- By Peter Mueller, Executive Vice President ..ROVED AS TO CONTENT c.o cSI TURE CS DEPARiMEt~'i APPROVED FMS TO s LEO,~~ S~''t=iC1ENCY t ? r i .1• ~{ Ij{ Bit3260PG2199 ~~ ;f ~' STATE OF VIRGINIA ~~ CITY OF VIRGINIA BEACH, to-wit: I I ~ I ,`~~ cc.~__ / ~/ • ~-r •~~L ic~.$ , a Notary !~ Public in and for the City and State aforesaid, do hereby certify ;t '; that C~• D~E'~L ~a~~~.t~.J,r CITX MANAGER/AUTHORIZED DESIGNEE .. ~~ OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the %lo ~ day of 19~, has acknowledged the; same before me in my City and State aforesaid. GIVEN under my hand this /5'7'~ day of , 39~. ~~ Notary P lic My Commission Expires: i/3 ~ ~9S STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I , ~~~ ~ ~v.~ .(.e.E /yoke ~ N ~wPr a Notary Publ i c in and for the City and State aforesaid, do hereby certify that' ! RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, ;i !~ whose name is signed to the foregoing Agreement bearing date on: the ~ day of 19 9~, has acknowledged the .~ '~ same before me in my City and State aforesaid. '! GIVEN under my hand this ~ day of ~T _, :, zI 19 ~~ , ` / c~3 ar Public .; My Commission Expires: ~•%3v~S'~ .~ r :~ `; 6 • 6K3260P02200 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I ~ ~"7~Q R/5 ~ ~ ~,(~ ` ~,~ a Notary Public . in and for the City and State aforesaid, do hereby certify that, PETER MUELLER, Executive Vice President, on behalf of Stihl,. Incorporated, whose name is signed to the foregoing writing,; bearing date the /lo~ day of 19~, has acl-.nowledged the same before me in my City and State aforesaid.; i Given under my hand this 16~1z day of i~ 1 i' f~ ~i i~ ~~ ii i' 19~ . My C ms ssion Expires: /~3/~/ 995 CBC/qs 05/03/93 {stihl.agt) y 1 ~~ lL»S ~- ~v~,6~ Notary Public , ~ J ~ BK3260PG2201 EXY.IBIT "l111 1 1 'J~ 1 .. .~~ ~~i 1 •~ .' t '.Ir~ , ~~'•; % ~,~ x~l; ~=;~-:; mac'.----~ • ~ % a r i~~ • ~ !. ~ ~l/i~ ': ,,/ly ~, ~, , ,I ~ 1 1 ~ f ~ ~ 1~f ~ 9 li 1_~ ~ ----• _ • •~_.,. 1 1 1 1 I N ~~' 1 1 i e.~... LYNNMAVEN PARXWAY _.~_ _....».._ _ _. __ ..!_ __ ~ _._____.y____. 1 • ~~~ f ° ~~ f EXHIBIT f1Afr BK 3 2 6 0 PG 2 2 0 2 11'F~ 7T+'wtr try L _. , 9'L mL wrt LeL •w orrnt rw m•rfo s o~nrsne ~ .~Itsnw trnunf. wrs n m r~o q i w ariuiLlo w asni ~w wRna~nLrl'°i+s ~a ~ w e m~ t• a~ YY~ •~Ipitlm~tl~rtnM rws w ®.ns+- ~sLLe a ~rrwr .rL n tnnre /. .rr~ tr ew fttoltlo ...o•f ~ tn.a n uf.e aYrrf .tntofL •. trot rn /. n. Lt.. wrrtm L fM ~tA. d sett ~. f. ltt ftPMrf~r ay, fA --.. ffM 'XI! r.YN t. ftrtle+. .w~Ll.w t. .rlr is r~ies .~. rr :i::taw°ro ~r.wL R YIPIr11eM M n~dl~ fltllel~rt eels I.fO Y. ~Y • f.~ M. n. ur~l wreL u. .m L. rl r.vrl~ ~. a. u~wns rtw ta.r a 1. e. m• ar u w t.t.a•. wts tLUe wr ^ n.offr v ruf Lue tool, sts ILwL Le. f.feL fY t w. ~ M. N1t. M. LLL ~Lltlf YtY ~ f\ •rM _4 fNLr w tYl W tlr W TW IA n LamY1t Mrt rtl If. YL 11v. tYIYQ rlp f Wl ~ de III ewretlt atLan nw r ~lttue. ttOn f~, tfY• YfO IeTLLULt ILIt e1.Lwt LT O Inl lteri Y. LLfe r elwul~ e1L1~. of ~IIIY walq re m e1t11T rraue. -_ ~ ~ nTGD M MAYtit~ ~Gµ7p p~ ` l CZRA CRDUP fn arm +slr LW, v.ar tYOI alor tfLtl iao+ , r STIHL, INC. o art ~~,~ ,~ •' PARKING ADDITION ~ o.w.i.P. ~ ~" ~~ efnr .nol rtttata Yta tatallwl wlaa.L OVERALL LAYOUT ~~ ,•,. v, y Cm r .. ~Q C7 fT a~ b yZ7 rrn« ~ ~ n ~ ~ n ~ y~ ~ m a,. ~ 0 + 4y ~ R=20.UO~PROVIDE DOUBLE GATE WITH TOTAL I. A=31.17' OPENINR nE 1 fi• AT VA Pf)WFR EASEMENT ~O 1 +ry~ ~ ~. `-- - t 1 <t~ ~k S 86'52'38" W 649.99' ~tJt ~n~ NEW 8' HIGH (PLUS TRIPLE STRAND) . ~~ ~~~rn FENCE FROM SO' FROM VIKING DRIVE N' io TO LOW WATER MARK OF CANAL f f 2 • ~''~ < T ~ R 60.00' I j `~' , A 60.97' ;, , R=580.83' A=58.05' ! l~ R=60.00' ~ ~A=74.39' \` l` ------- 1, ~ ~ I Y W 60.00' ~~ ~"' " ~G ? a~ A= 1.0T ~~ t i W a a it ~ ,~ ~' ~~ ~~~~ ~ ~~__ • I EXISTING BUILDING ;r' ~.~. _ Ir I i i ' .~ I , ~ , I 1 w~+" 11 ~ x t ~^ x ' it \ m ILX~ 1 ~ 1 ~ ~ t. - ~ ' 1 cp ~ m ai ~ ~ ~ ~n ` l X • `1 i ~ 1 , v ~, I ~ t` I o t ~ t ' S 67'24'08" 1E~ 1 I 1 ~ , 13.67 ~ ' 1 ' N 86~8'S1~ ~ 1.45 ----- --~-x-----~. - , ~t ~" r ~ ~ ,~ ` , ~` , . ~~ ,~ ~ r ~~ ~ m y ~ ~~` r ,1 r I PART SITE PLAN OF STIHL INCORPORATED PROPERTY SHOWING PROPOSED FEI~CE AT• NORTH OF PROPERTY. SCALE 1" =100' APRIL 4, 1993 ~~~- ,o, «~'°~ ~~- ~s ~= - _ ,~`t rte" °,_r~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Eleven Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: April 13, 2010 ^ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request afive-year franchise agreement. ^ Considerations: Aqua Investment Associates, L.P., t/a Holiday Inn Sun Spree Cafe, and ANSHI, Inc., t/a Cancun Fiesta Cafe, are seeking one-year franchise agreements. The first is for the operation of a Boardwalk Cafe located at 39tH Street, and the second is for the operation of an Atlantic Avenue Sidewalk Cafe located at 1516 Atlantic Avenue. The following nine (9) entities have successfully operated open air cafes pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) 11tH Street, L.C., t/a 11tH Street Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) 11tH Street, L.C., t/a 11tH Street Cafe, for operation of a Boardwalk Cafe; (3) Calabrese Management Group, Inc., t/a Albie's Pizza Cafe, for operation of an Atlantic Avenue Side Street Cafe; (4) ACA Corporation, t/a Black Angus Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; (5) Thirty-First Street, LLC, t/a Catch 31 Cafe, for operation of a Boardwalk Cafe; (6) Virginia George Company, t/a Dough Boys 24tH Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; (7) Appte Eight Hospitality Ownership, Inc., t/a Marriott Courtyard Cafe, for operation of a Boardwalk Cafe; (8) Planet Pizza, Inc., t/a Planet Pizza Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; and (9) Tradewinds, L.C. and Rockfish Sea Grill, LLC, t/a Rockfish Boardwalk Bar and Sea Grill Cafe, for operation of a Connector Park Cafe. ^ Public Information: A public notice was published in The Beacon on March 28, 2010 and April 4, 2010. ^ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manager: S ~ , ~ M,.~ _i 1 AN ORDINANCE GRANTING ELEVEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic 10 Avenue between 15th and 24th streets; and 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot 13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between 14 20th and 23`~ Streets; and 15 16 WHEREAS, based upon the success of the pilot program, Council adopted an 17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue between 18 15th and 24th Streets; and 19 20 WHEREAS, the City Council has traditionally granted initial franchises for one- 21 year terms; and 22 23 WHEREAS, if an open air cafe is successfully operated during the initial one- 24 year term, the franchisee may return to Council and request afive-year franchise 25 agreement; and 26 27 WHEREAS, Aqua Investment Associates, L.P., t/a Holiday Inn Sun Spree Cafe, 28 and ANSHI, Inc., t/a Cancun Fiesta Cafe, are seeking one-year franchise agreements. 29 The first is for the operation of a Boardwalk Cafe located at 39"' Street, and the second 30 is for the operation of an Atlantic Avenue Sidewalk Cafe located at 1516 Atlantic 31 Avenue; and 32 33 WHEREAS, the following nine (9) entities have successfully operated open air 34 cafes pursuant to either one-year or five-year franchise agreements, and are seekinq~ 35 renewal of their franchise agreements for five year terms: (1) 11th Street, L.C., t/a 11 36 Street Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) 11th Street, L.C., 37 t/a 11th Street Cafe, for operation of a Boardwalk Cafe; (3) Calabrese Management 38 Group, Inc., t/a Albie's Pizza Cafe, for operation of an Atlantic Avenue Side Street Cafe; 39 (4) ACA Corporation, t/a Black Angus Cafe, for operation of an Atlantic Avenue 40 Sidewalk Cafe; (5) Thirty-First Street, LLC, t/a Catch 31 Cafe, for operation of a 41 Boardwalk Cafe; (6) Virginia George Company, t/a Dough Boys 24th Cafe, for operation 42 of an Atlantic Avenue Sidewalk Cafe; (7) Appte Eight Hospitality Ownership, Inc., t/a 43 Marriott Courtyard Cafe, for operation of a Boardwalk Cafe; (8) Planet Pizza, Inc., t/a 44 Planet Pizza Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; and (9) 45 Tradewinds, L.C. and Rockfish Sea Grill, LLC, t/a Rockfish Boardwalk Bar and Sea Grill 46 Cafe, for operation of a Connector Park Cafe; and 47 48 WHEREAS, the Convention and Visitors Bureau recommends that the above- 49 named entities be granted open air cafe franchise agreements. 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH: 53 54 1. That the City Council hereby grants one-year franchise agreements to (1) 55 Aqua Investment Associates, L.P., t/a Holiday Inn Sun Spree Cafe; and (2) ANSHI, Inc., 56 t/a Cancun Fiesta Cafe, subject to the terms and conditions of all ordinances, 57 resolutions, and regulations applicable to open air cafes. 58 59 2. That the City Council hereby grants five-year franchise agreements to (1) 60 11 ~' Street, L.C., t/a 11 ~' Street Cafe, for operation of an Atlantic Avenue Side Street 61 Cafe; (2) 11 ~' Street, L.C., t/a 11 ~' Street Cafe, for operation of a Boardwalk Cafe; (3) 62 Calabrese Management Group, Inc., t/a Albie's Pizza Cafe, for operation of an Atlantic 63 Avenue Side Street Cafe; (4) ACA Corporation, t/a Black Angus Cafe, for operation of 64 an Atlantic Avenue Sidewalk Cafe; (5) Thirty-First Street, LLC, t/a Catch 31 Cafe, for 65 operation of a Boardwalk Cafe; (6) Virginia George Company, t/a Dough Boys 24~' 66 Cafe, for operation of an Atlantic Avenue Sidewalk Cafe; (7) Apple Eight Hospitality 67 Ownership, Inc., t/a Marriott Courtyard Cafe, for operation of a Boardwalk Cafe; (8) 68 Planet Pizza, Inc., t/a Planet Pizza Cafe, for operation of an Atlantic Avenue Sidewalk 69 Cafe; and (9) Tradewinds, L.C. and Rockfish Sea Grill, LLC, t/a Rockfish Boardwalk Bar 70 and Sea Grill Cafe, for operation of a Connector Park Cafe, subject to the terms and 71 conditions of all ordinances, resolutions, and regulations applicable to open air cafes. 72 73 Adopted by the City Council of Virginia Beach, Virginia on this day of April, 74 2010. Approved as to Content: Approved as to Legal Sufficiency: G . / (~~ SGA/Resort Management Office City Attorney's face CA11476 R-1 March 23, 2010 ,~...,.~...w..~.. ~~ u e~+ ~`: ~ ~~ c, r, ~,•:~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the United States Department of Homeland Security to the FY 2009-10 Operating Budget of the Fire Department to Continue the Citizen Corps Council and Community Emergency Response Team MEETING DATE: April 13, 2010 ^ Background: In the summer of 2002 as part of the Homeland Security Initiative, the City established the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) programs. The local CCC is a committee supporting the CERT project, the Medical Reserve Corps, and the Neighborhood Watch program. The CERT utilizes local volunteers to support community emergency preparedness efforts and provide basic emergency intervention. The use of CERT volunteers during Tropical Storm Hanna and the November N'oreaster was widely applauded as an effective extension of City services. CERT volunteers assist residents in preparations for and the effects of disasters. Both the CCC and the CERT utilize volunteers as their primary workforces and interact with various City departments. The United States Department of Homeland Security through the Virginia Department of Emergency Management has awarded a grant of $47,900 from the 2008 State Homeland Security Program Grant to the City to continue the Virginia Beach CCC and CERT programs for a seventh year. The Fire Department oversees both of these programs. ^ Considerations: The grant will focus on the maintenance of the CERT program, which includes training of an additional 100+ volunteers and maintaining the certification of the existing 650+ volunteers. Additionally, grant funds will be used to continue the development of the CCC, including maintaining a Speaker's Bureau to keep the message of emergency preparedness alive in the public and to raise awareness in the business community, as well as develop partners and resources. There is no local match for this grant. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Accept and appropriate $47,900 for the Virginia Beach Fire Department to maintain these programs. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/A envy: Fire Department City Manage ~< , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2009-10 OPERATING BUDGET OF THE FIRE DEPARTMENT TO CONTINUE THE CITIZEN CORPS COUNCIL AND COMMUNITY EMERGENCY RESPONSE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That grant funds in the amount of $47,900 are hereby accepted from the United States Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget of the Fire Department to continue the Citizen Corps Council and Community Emergency Response Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content anagem nt ervices Approved as to Legal Sufficiency A ey's Office CA11479 R-4 March 26, 2010 ~lIU~6F~ ~~yi 04 (((F5 S ~~~ (s ~~ t ~` o. w. x.Na a1`~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Juvenile Accountability Block Grant to the FY 2009-10 Operating Budget of the Department of Human Services MEETING DATE: April 13, 2010 ^ Background: The Department of Human Services and Virginia Beach Court Services Unit jointly applied for a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services and were awarded aone-year extension of last year's grant. The grant totals $55,158, including $49,642 in federal pass-through funds, $2,758 in state funding and a local match of $2,758. This grant will provide programs that target reducing juvenile delinquency for people with intense mental health disabilities. ^ Considerations: These grant funds will address a pressing service need. A local match of $2,758 is being provided from Court Services' current operating budget to support the programs. There are no new FTEs as part of this request. ^ Public Information: Public information will be coordinated through the normal Council agenda process. The use of these funds was discussed at the March 2010 Community Services Board committee meetings. ^ Recommendation: Approve the attached ordinance. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: ~~ ~ ~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE JUVENILE ACCOUNTABILITY BLOCK GRANT 3 TO THE FY 2009-10 OPERATING BUDGET OF THE 4 DEPARTMENT OF HUMAN SERVICES 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 (1) $49,642 in federal pass-through funding from the Virginia Department of 8 Criminal Justice Services is hereby accepted and appropriated, with federal revenue 9 increased accordingly, to the FY 2009-10 Operating Budget of the Department of 10 Human Services; 11 12 (2) $2,758 in state funding from the Virginia Department of Criminal Justice 13 Services is hereby accepted and appropriated, with state revenue increased 14 accordingly, to the FY 2009-10 Operating Budget of the Department of Human 15 Services; 16 17 (3) $2,758 is hereby transferred from the FY 2009-10 Operating Budget of the 18 Court Services Unit to the FY 2009-10 Operating Budget of the Department of 19 Human Services, with revenue from local sources increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: 1 ~-~~~~j anagemen ervices ity ey's Office CA11490 R-2 March 31, 2010 Nw ~C O ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the DEA Shared Asset Special Revenue Fund MEETING DATE: April 13, 2010 ^ Background: The DEA Shared Asset Special Revenue Fund provides monetary resources to assist the Police Department in accomplishing its mission. The Department requests the appropriation of DEA shared asset funds for the following law enforcement related expenditures. First, the Police Department is in possession of eight seized vehicles from closed federal investigations and expects additional seized vehicles to become available during FY 2009-10. The value of the current eight vehicles is estimated at $95,000. The department currently uses seized vehicles as part of its fleet. To purchase seized vehicles, federal agencies require payment of 20% of the property's value. For these eight vehicles, the City will need to return approximately $19,000 to the federal agency. The Police Department expects to need an additional $11,000 to cover the remaining seized vehicles expected to become available in FY 2009-10 for a total of $30,000. Second, the Department would like to purchase surveillance equipment for use in criminal investigations. The amount needed is $15,340. Third, the Department requests $350,000 to complete the expansion of the tactical simulation training building area (included in CIP Project 3-229) at the Virginia Beach Police Department Law Enforcement Training Facility "Creeds" to meet the specifications as originally designed. These additional funds will allow for the completion of the simulated apartment building and the multipurpose training platform, which were in the original scope of work but had to be eliminated due to funding limitations. Use of shared asset funds would complete the simulation training area as originally designed and provide a more valuable training resource. ^ Considerations: Funds are available through the DEA Shared Asset Special Revenue Fund for the requested items. Vehicles replaced by the seized vehicles will be auctioned and the proceeds returned to the DEA Seized Asset fund balance. ^ Public Information: Public information would be made available through the normal Council Agenda process. ^ Recommendations: It is recommended that the ordinance be approved. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: ~ ~ ~~ 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 DEA SHARED ASSET SPECIAL REVENUE FUND 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 1) $30,000 is hereby appropriated from the fund balance of the FY 2009-10 6 DEA Seized Property Special Revenue Fund to the FY 2009-10 Operating 7 Budget of the Police Department to pay federal agencies for seized vehicles 8 from federal investigations and transferring their ownership to the City of 9 Virginia Beach Police Department; 10 11 2) $15,340 is hereby appropriated from the fund balance of the FY 2009-10 12 DEA Seized Property Special Revenue Fund to the FY 2009-10 Operating 13 Budget of the Police Department to purchase of surveillance equipment; 14 15 3) $350,000 is hereby appropriated from the fund balance of the FY 2009-10 16 DEA Seized Property Special Revenue Fund to CIP Project 3-229, Police 17 Training Facility to complete the expansion of the tactical simulation training 18 building. 19 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2010. Requires an affirmative vote by a majority of all of the members of City Council Approved as to Content: 1 Management Services Approved as to Legal Sufficiency: 1 C A ey's Office CA11489 R-2 March 30, 2010 Nwn~ sv s '~,., ~,d CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget for the Tax Relief for the Elderly and Disabled Program MEETING DATE: April 13, 2010 ^ Background: The Tax Relief for the Elderly and Disabled Program offers three options to eligible senior citizens: tax exemption, tax freeze, or tax deferral. The vast majority of program participants received a tax exemption. For FY 2009-10, 7,654 elderly and disabled homeowners qualified and participated in the tax exemption portion of this program. The average exemption for FY 2009-10 was $2,129 per recipient. The total cost of the tax relief provided is $16,278,241. ^ Considerations: The Tax Relief for the Elderly and Disabled Program has experienced a net increase of over 500 participants from last year. This increase came at a time when the program's income and net worth thresholds remained unchanged. These thresholds are less than $63,450 for income and less than $350,000 for net worth. While there may be many causes for the increase in participation, the result is that the program requires additional funding. The amount required to close the funding gap is approximately $424,000. Funding is currently available in the FY 2009-10 Reserve for Contingencies, and if this transfer is approved, the remaining balance will be $1,195,266. ^ Public Information: Public information will be coordinated through the normal agenda process. ^ Recommendations: Transfer $424,000 from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget for revenue reimbursements to fund the Tax Relief for the Elderly and Disabled Program. ^ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Management Servic City Manage . i !L , ~'~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO TRANSFER FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2009-10 OPERATING BUDGET FOR THE TAX RELIEF FOR THE ELDERLY AND DISABLED PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $424,000 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget for revenue reimbursements to fully fund the Tax Relief for the Elderly and Disabled Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l anagem nt ervices i A ney's Office CA11480 R-2 March 23, 2010 ~~ 2: _ ~•! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Transferring Funds to Pay for the June 2010 Primary Election MEETING DATE: April 13, 2010 ^ Background: In accordance with §§ 24.2-516 and 24.2-517 of the Code of Virginia, a Republican primary election has been ordered for June 8, 2010 in the City of Virginia Beach. Pursuant to state law (§ 24.2-518), the locality shall pay the costs of primary elections. The FY 2009-10 Operating Budget of the General Registrar does not include funding for the total cost of the primary election, which is estimated to be $212,108. ^ Considerations: To cover the cost of the primary election, the General Registrar's Office will absorb $39,825 within its FY 2009-10 Operating Budget. The attached ordinance transfers the $172,283 required to pay to total cost of the primary election. If approved, the balance remaining in the Reserve for Contingencies would be $817,941. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: It is recommended that Council transfer $172,283 from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget of the General Registrar to fund the primary election to be held on June 8, 2010. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: General Registrar City Manager: ~ ~~~ 1 2 3 4 5 6 7 8 9 AN ORDINANCE TRANSFERRING FUNDS TO PAY FOR THE JUNE 2010 PRIMARY ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $172,283 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget of the General Registrar to fund the June 2010 primary elections. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Approved as to Content 1/~`-- anage ent ervices Approved as to Legal Sufficiency ity A ney's Office CA11486 R-2 March 25, 2010 ,~~ '~ ~` . yy~ ~~~ _~ CITY OF VIRGINIA BEACH _ AGENDA ITEM ITEM: An Ordinance to Transfer Funds from Debt Service Savings to the Risk Management Internal Service Fund to Pay for Insurance Premiums and Self- Insurance Claims MEETING DATE: April 13, 2010 ^ Background: The City of Virginia Beach's Risk Management Internal Service Fund has budgeted and expends automobile, general liability and worker compensation insurance premium and self-insurance costs. In FY 2009-10, the Risk Management Fund's total appropriation is $9,442,020. In the effort to balance last year's budget, the amount appropriated was approximately $2.0 million less than the prior fiscal year. Therefore, additional funding is required. Funds are available from the debt service savings resulting from this year's General Obligation Refunding Bond sale. As a result of that sale, debt service cost savings of $1,460,547 will be realized in FY 2009-10. ^ Considerations: The attached ordinance provides a transfer of funding from the debt savings resulting from the bond refunding to the Risk Management Internal Service Fund. The debt service savings transfer should provide the necessary funding to meet the City's obligation to pay anticipated claims including worker's compensation and other self-insurance claims, funding of which is required by state law. ^ Public Information: Public information will be coordinated through the traditional Council agenda process. ^ Recommendations: It is recommended City Council authorize this transfer of funds. ^ Attachments: Ordinance Recommended Action: Approval of Ordinance , ~~ Submitting Department/Agency: Finance/Risk Management '~~ City Manager: ~.~~ 1 AN ORDINANCE TO TRANSFER FUNDS FROM 2 DEBT SERVICE SAVINGS TO THE RISK 3 MANAGEMENT INTERNAL SERVICE FUND TO PAY 4 FOR INSURANCE PREMIUMS AND SELF- 5 INSURANCE CLAIMS 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $1,460,547 of debt service savings is hereby transferred to the Risk 12 Management Internal Service Fund for insurance premium and self-insurance claims. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 15 of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: s ~ _ Manag me Services City orney's Office CA11477 R-3 March 23, 2010 L. PLANNING 1. Application of NEW BEGINNING DELIVERANCE OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 4992-5 Euclid Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of DCW ENTERPRISES. INC. d/b/a COLORPRO/TEL AND ASSOCIATES, LP for a Conditional Use Permit re an auto body and paint shop at 4911 Potomac Street. DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of CENTRO EVANGELISTICO HISPANO PIE LEASING INC. for a Conditional Use Permit re a church at 4999 Cleveland Street. DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of NEW CINGULAR WIRELESS PCS. LLC T/A AT&T/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re a communication tower at 408 Sandbridge Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 5. Applications of KARINPHILLIP, INC./PARR PROPERTIES, LLC re a tattoo parlor at 114 South Witchduck Road: DISTRICT 2 -KEMPSVILLE a. Change of Zoning from 1-1 Light Industrial to Conditional B-2 Community Business b. Conditional Use Permit RECOMMENDATION Staff APPROVAL Planning Commission DENIAL 6. Application of TAMI WALKER MOOK for a Conditional Use Permit re small engine repair at 501 Virginia Beach Boulevard (deferred 3/23/10). DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 7. Application of ROBERT RAM5AY for a Conditional Use Permit re a firewood preparation at 3025 New Bridge Road (deferred 3/23/10). DISTRICT 7 -PRINCES ANNE RECOMMENDATION Staff APPROVAL Planning Commission DENIAL 8. Resolution to REFER to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO) § 111 and 212 re electronic display signs (LED) ~uK~`} ..,+ ~ ,.F i 4: i NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, April 13, 2010, at 6:00 p.m. The following applications will be heard: KEMPSVILLE DISTRICT New Beginning Deliverance Outreach Ministries, Inc./Hudson Enterprises Co. Application: Conditional Use Permit for a religious use at 4992-5 Euclid Road. DCW Enterprises, Inc. DBA Colorpro/Tel and Associates LP Application: Conditional Use Permit for an automotive repair garage (body and paint shop) at 4911 Potomac Street. Centro Evangelistico Hispano P.I.E. Leasing, Inc. Application: Conditional Use Permit for a religious use at 4999 Cleveland Street. Karinphillip, Inc./Parr Properties, LLC Application: Change of Zoning District Classification from I-1 Light Industrial to Conditional B-2 Community Business at 114 South Witchduck Road. Comprehensive Plan: Strategic Grow[h Area 4 -Pembroke. Purpose: operation of a tattoo parlor. Karinphillip, Inc./Parr Properties, LLC Application: Conditional Use Permit for a tattoo parlor at 114 South Witchduck Road. PRINCESS ANNE DISTRICT New Cingular Wireless PCS, LLC (T/A AT&T)/City of Virginia Beach Application: Conditional Use Permit for a communication tower at 408 Sandbridge Road. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbeov.com/oc For information call 385,4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 3854303. Beacon March 28 & April 4, 2010 21161060 Life Harvest International CUP -Church ~R.~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LIFE HARVEST INTERNATIONAL (Formerly NEW BEGINNING DELIVERANCE), Conditional Use Permit, religious use, 4992-5 Euclid Road. KEMPSVILLE DISTRICT. MEETING DATE: April 13, 2010 ^ Background: The applicant requests a Conditional Use Permit for the purpose of allowing a church to occupy a unit within a portion of a commercial building located in the I- 1Light Industrial District. The Fire Marshall discovered a few months ago that a church had been operating at this location for some time, without incident, but without zoning approval. The property is currently zoned I-1 Industrial District and a church, until recently, was not permitted by right or as a conditional use. The Zoning Ordinance was recently amended to permit churches that are not free- standing in the I-1 District with a Conditional Use Permit. ^ Considerations: The 1,400 square foot unit will house the church office and place of worship. Typical days hours of operation are Sunday, 11:00 a.m. to 2:00 p.m., and a Thursday Bible Study, from 7:30 p.m. to 8:30 p.m. The church has approximately 20 members at this time. The Comprehensive Plan designates this area as Strategic Growth Area 4. The Pembroke Strategic Growth Area 4 Implementation Plan designates this site as part of the CBD/Bonney Area. The use of this site for a church is consistent with the SGA 4 Plan's recommendations in regard to land use; however, the site layout is not, as it is a standard suburban layout. Staff, however, acknowledges that this is an interim condition until such time that market pressures result in a redevelopment of the site consistent with the vision of the SGA 4 Plan. The Zoning Ordinance requires only 4 parking spaces for a church with 20 seats. The ultimate occupancy load of the 1,400 square foot unit will be set by the Fire Marshall and the Building Official's Office. The site plan depicts 86 spaces. As the church grows, there will be ample parking available on the site. Moreover, a typical church has peak operational hours different from traditional business hours; thus, the 86 parking spaces located on the site are sufficient for this use and other office uses within the complex. Life Harvest (formerly New Beginning) Page 2 of 3 There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The number of individuals attending any one service shall not exceed the occupancy number to be established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three years from the date of adoption by the Virginia Beach City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ , b~'~~ 10 March 10, 2010 Public Hearing APPLICANT: LIFE HARVEST INTERNATIONAL WORSHIP CENTER PROPERTY OWNER: HUDSON ENTERPRISES STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (church) ADDRESS /DESCRIPTION: 4992-5 Euclid Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14770397190000 KEMPSVILLE 1,400 square foot unit Less than 65 d6 DNL The applicant requests a Conditional Use Permit for a church SUMMARY OF REQUEST to occupy a unit within a portion of a building located in the I-1 Light Industrial District. The Fire Marshall discovered a few months ago that a church had been operating at this location for some time, without incident, but without zoning approval. The property is currently zoned I-1 Industrial District and a church, until recently, was not permitted by right or as a conditional use. The Zoning Ordinance was recently amended to permit churches that are not free-standing in the I-1 District with a Conditional Use Permit. The applicant is now requesting a Conditional Use Permit. The applicant is not the same church that was using the building space several months ago. The applicant is a different church that desires to locate in the same space recently vacated by the other church. The 1,400 square foot unit will house the church office and place of worship. Typical days hours of operation are Sunday, 11:00 a.m. to 2:00 p.m., and a Thursday Bible Study, from 7:30 p.m. to 8:30 p.m. The church has approximately 20 members at this time. c, r:.:-. LIFE LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-story structure with parking lot SURROUNDING LAND North: Southern Boulevard right-of-way USE AND ZONING: Industrial Uses / I-1 Light Industrial District South: Office, industrial uses / I-1 Light Industrial District East: Light industrial uses / I-1 Light Industrial District West: Vacant, office / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental or cultural features on this site, as it is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Euclid Road is a two-lane undivided minor urban arterial. It is not included on the MTP. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Euclid Road 6,846 ADT 7,300 ADT (Level of Potential Land Use - Service "C") - 13,100 Weekday: 15 ADT ADT' (Level of Service Sunday: 1 ADT „E~) Proposed Land Use 3- Weekday: 13 ADT Sunda : 51 ADT Average Daily Trips gas defined by 1,400 square feet of a typical office use a as defined b a 1,400 s uare foot church WATER ~ SEWER: This site is not connected to City water and sewer. The building has its own private water supply and sewage disposal system. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The Comprehensive Plan designates this area as Strategic Growth Area 4. The Pembroke Strategic Growth Area 4 Implementation Plan designates this site as part of the CBD/Bonney Area. The use of this site for a church is consistent with the SGA 4 Plan's recommendations in regard to land use; however, the site layout is not, as it is a standard suburban layout. Staff, however, acknowledges that this is an interim rays c condition until such time that market pressures result in a redevelopment of the site consistent with the vision of the SAG 4 Plan. The Zoning Ordinance requires only 4 parking spaces for a church with 20 seats. The ultimate occupancy load of the 1,400 square foot unit will be set by the Fire Marshall and the Building Official's Office. The site plan depicts 86 spaces. As the church grows, Staff feels there will be ample parking available on the site and based on the fact that a typical church has peak operational hours different from traditional business hours and that the 86 parking spaces located on the site are sufficient for this use and other office uses within the complex. CONDITIONS 1. The number of individuals attending any one service shall not exceed the occupancy number to be established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years from the date of adoption by the Virginia Beach City Council. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE LOCATION LIFE HARVEST /HUDSON Agenda Item 10 Page 4 1 12/01/09 CUP church Granted 2 03/10/98 CUP auto re air ara a Granted 3 01/26/99 CUP (indoor recreational facility -bingo) Granted 02/25/03 MOD of Conditions Granted 10/24/06 MOD of Conditions Granted ZONING HISTORY LIFE HARVEST /HUDSON :Agenda Item 10 Page 5 DISCLOSURE STATEMENT z APPLICANT DISCLOSURE If the applicant is a corporation. partnership, firm. business, or other uninctsrporated Organization, complete the following:. 1. List the applicant name followed by the names of all officers, members, trustees , partners, etc. belo~r. {Attach list i#necessary~ r' ~_ ~. ` , r ii 2. List all businesses that Dave aparent-subsidiary" or affiliated business entity relationship with the applicant: (Attach list it necessary} i CI Check here if the applicant is N©T a corporation, partr~tership, firm,. business or , other unlncoorated organization.... PR©PERTY C9Y11NER 131SCLOSURE Comptete this section only if property owner is different from applicant. If the t proper y owner is a corporation, partnership, firm, business, or other unincorporated organization, complete me following i. List the property owner name followed by the names of all officers. members., trustee t s, par ners, etc. below: 'Attach fist ifr~c~cessary} ,~ . ~. p` - ~ __< ~ r ... 2. List a!I businesses That stave aparent-subsidiary' or affiliated business entity ~ relationship with the applicant: (Attach list ifnecessary) Gf~eck here if the property owner is NC?7a corporation. partnership., firm, .business, or outer unincorporated organization. 8~ Sse next pegs fqr foot~aat~s D H J --~ -.-a M~ ~~~ Does an official or employee of the City of Virginia t3each have an interest in the ~t subject land? Yes _ _ .. No if yes, th+hat is tlt~ name of the official or employee and the nature of their interest? /~~~ i ~ ,~ Panas~ _M -.____~_...-.W~ ,.~ ~._..~ LIFE HARVEST/.HUDSON Agenda .Item 10 Page 6 0 '~ V ~-+ W W cir~ r~ z 0 0 v ©ISCLt35tlRE STATEtWEI\iT ADDITIQNAI.. DISCLOSURES List all known contractors or businesses that have or will provide serves with respect to the requested property use, including but no# lirrtited to the providers of architectural services,. real estate setvices, financial services, accounting services, and legal services: (Attach list if necessary) __ ' "Parent-subsidiary relationship" means :"a relationship that a xists when one corporation directly or indirectly owns shares possessing mare ttkan 5tD percent of the voting power of another corporation.." See State and Local Government Conflict of in#eresis Act, Va. Code § 2.2-~tt}1. ~ "Affiliated business entity retationshp° means "a relationship, other than parent- subsidiary relationship, that exists when (i} one business entity has a controlling ownership interest in the other ktuslness entity , (ii) a corktroiling owner in one entity is also a controlling owner In the ether ehtly ~ or {iii ~ there is shared management or control between the business entities. Factors that should be cons{dared in determining the existence of an affila#ed business er~tiiy relationship include that tike same person or substantially the same person r~wn or manage ttte two entities; there are common or commingieti funds or assets, the business entities share the use of the Same oft-rtes or employees or otherwise share activities, resources or personnel on a regular basis; or there isotherw'ise a dose worl~ing ~relatship between the entities." See State and Local government Conflict of Interests #+ct, Va. Code 2.2-31f11. CERTtFICATIQN: i eehiPy~ that the information cx>ntairked herein is true aril accurate. l understand that. upon receipt of not' =d°ittrr (ps,~tcard) that the application has schedad for pa~i;c hearing, ;err, responsible for ohra~•'^g arxi posting the required sign on the subjet~ prpperty at a5t 3~ days prior ~ the &cneduied ~,: ,r, i~ nearing acttkng fo thainstrudions in this package. The undersigned ais€~ ccx<isents to envy upon the su~ect property hY empk>yees of the Ctepartment of Plann;ng to photograph and view t'~e s to for purposes of processing and evaiuatfng this application -~~. `TM-., ~ E / X p I ~~~_i F `ice} t *•t. ~v ~ ,,,.,„~.- ~ ~ ~ (t: Ap~'.r~~r;t S ~+g"ature '~..._, _...,.. Prir ~l+lea~~c _~._.} ....,_ _ ~ perey t?vbmer's Si a:,xe ~If diffe~rt tttark ap~icant; l~~ t+lartke 'i,`Uf~4#~is~z?ai Ef;.a~ FF,rra$ r1;;,iicafitNt r~a~2 't) cif 1~ rdBVtS$ri ". a'2C~t'' LIFE HARVEST /HUDSON Agenda .item 1 ~ Page 7 Item # 10 Life Harvest International Worship Center Conditional Use Permit 4992-5 Euclid Road District 2 Kempsville March 10, 2010 CONSENT Jay Bernas: The next matter is agenda item 10. This is an application of Life Harvest International Worship Center for a Conditional Use Permit for a religious use on property located at 4992-5 Euclid Road, District 2, Kempsville. Is there a representative here on this application? Welcome. Please state your name for the record. Pastor Danny Daily: I'm Pastor Danny Daily. Jay Bernas: Are all the conditions acceptable? Pastor Danny Daily: Yes they are. Jay Bernal: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Katsias to please review this item. Kathy Katsias: Thank you. The applicant Life Harvest International Worship Center requests a Conditional Use Permit for a church to occupy a unit within a portion of a building located in the I-1 Light Industrial District. The Zoning Ordinance was recently amended to permit churches that are not free-standing in the I-1 District with a Conditional Use Permit. The 1,400 square foot unit will house a church office and a place of worship. Typical hours of operation are Sunday from 11:00 a.m. to 2:00 p.m., and Thursday Bible study from 7:30 p.m. to 8:30 p.m. The church has approximately 20 members at this time. Staff recommends approval. We concur with staff, therefore placed it on the consent agenda. Jay Bernal: Thank you. I make a motion to approve agenda item number 10. Donald Horsley: Second. Joseph Strange: I have a motion made by Jay Bernas and a second by Don Horsley to approve by consent, item 10. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE Item # 10 Life Harvest International Worship Center Page 2 HORSLEY AYE KATSIAS AYE LIVAS REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent. fan E.-? CUP Automotive Repair (Body and Paint Shop) ~,~yM~,j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DCW ENTERPRISES, INC. DBA COLORPRO /TEL AND ASSOCIATES LP, Conditional Use Permit, automotive repair garage (body and paint shop), 4911 Potomac Street. KEMPSVILLE DISTRICT. MEETING DATE: April 13, 2010 ^ Background: The applicant requests a Conditional Use Permit for an automotive repair garage. Specifically, the applicant proposes a light body shop intended for minor repairs and painting. The shop will be located in a unit of an existing building where several units are devoted to automobile repair. The unit proposed for the applicant's shop was recently used for automobile repair; however, since the applicant's business will include body repair and painting, the use is classified by the Zoning Ordinance as a repair garage, which is only allowable in the I-1 Industrial District with a Use Permit. ^ Considerations: The applicant proposes to operate the shop on weekdays from 9:00 a.m. to 6:00 p.m. There will be some occasional work on Saturday. The applicant will employ between three and five individuals. The applicant's operation is small in scale, and vehicles being repaired will be stored inside the building. There is sufficient parking for the use on the site. The site is located within the Central Village area of Pembroke Strategic Growth Area 4, which is currently dominated with respect to land use by a variety of light industrial uses, trade supply shops, automobile-oriented business and services, and a variety of commercial uses. The vision established for this area by the SGA 4 Implementation Plan is the creation of a low to mid-rise building mixture consisting of urban commercial and residential uses. In particular, live-work, loft, and row house residential styles and small mixed-use buildings are encouraged. The current use in this area, as well as the applicant's proposal, does not fit this vision; however, it is understood that plans calling for transformation as envisioned in the SGA 4 Implementation Plan take time to become reality, and uses such as the applicant's will continue in this area until market forces, private- sector development trends, and public policy create the energy necessary to redevelop this area. Staff concludes that the applicant's proposal, therefore, is DCW Enterprises, Inc. dba Colorpro Page2of3 consistent with the policies of the Comprehensive Plan and is compatible to the surrounding uses in the area. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. All motor vehicle repairs shall take place within the building. 2. There shall be no outside display or storage of equipment, parts, or materials. 3. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. There shall be storage containers outside the building or within parking spaces. 5. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: .~,..: ~~~~~_~~:~~ ~Cw° Et~tei• rises Tnc. D .o or _ ro __ -: --- +~nt. aa~ana,Ye..- - ---- . t -- 5 ~ i - - ~ ~ -` ~ It ~ B~ ~ ~ 3~ ~.. , - ~- Cleland StrNt ~~ l ~g~' 83 ', t1 -- ___ n ~~ __ CUP Rutomat±ve Repair (Body amf Pain! Shop? 7 March 10, 2010 Public Hearing APPLICANT: DCW ENTERPRISES, INC. DBA COLORPRO PROPERTY OWNER: TEL AND ASSOCIATES LP STAFF PLANNERS: Faith Christie /Stephen White REQUEST: Conditional Use Permit (automotive repair -body and paint shop) ADDRESS I DESCRIPTION: 4911 Potomac Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14771448920000 KEMPSVILLE 15,625 square feet Less than 65 d6 DNL UNIT SIZE: 4,100 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for an automotive repair garage. Specifically, the applicant proposes a light body shop intended for minor repairs and painting. The shop will be located in a unit of an existing building where several units are devoted to automobile repair. The unit proposed for the applicant's shop was recently used for automobile repair. The applicant's proposed use, however, as it includes body repair and painting, is classified by the Zoning Ordinance as a repair garage, which is only allowable in the I-1 Industrial District with a Use Permit. The applicant proposes to operate the shop on weekdays from 9:00 a.m. to 6:00 p.m. There will be some occasional work on Saturday. The applicant will employ between three and five individuals. The applicant's operation is small in scale, and vehicles being repaired will be stored inside the building. There is sufficient parking for the use on the site. DCW ENTERPRISES Agenda Item 7 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: The subject unit has been use most recently for automotive repair. The building containing the unit consists of similar uses. SURROUNDING LAND North: Potomac Street USE AND ZONING: Private parking lot; doughnut shop / B-3 Business District South: . Office-warehouse complex / I-1 Light Industrial District East: Vacant undeveloped lot / B-2 Business District West: . Office-warehouse units (most consist of automotive repair shops) / I-1 Light Industrial District NATURAL RESOURCE AND There are no known significant natural resource or cultural features at CULTURAL FEATURES: this location. IMPACT ON CITY SERVICES The increase in intensity of this use from automobile repair service to automobile repair garage will have no impact on City services. The amount of traffic generated by the use is equivalent to what is currently generated. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The applicant's purpose in requesting this Use Permit is to establish a business providing light body repair and painting services for automobiles. The business will be located within a unit of a larger building that currently has businesses providing automobile repair services; the subject unit, in fact, was the location of such a business prior to the applicant leasing the space. The site is located within the Central Village area of Pembroke Strategic Growth Area 4, which is currently dominated in regard to land use by a variety of light industrial uses, trade supply shops, automobile- oriented business and services, and a variety of commercial uses. The vision established for this area by the SGA 4 Implementation Plan is the creation of a low to mid-rise building mixture consisting of urban commercial and residential uses. In particular, live-work, loft, and row house residential styles and small mixed-use buildings are encouraged. The current use in this area, as well as the applicant's proposal, does not fit this vision; however, it is understood that plans calling for transformation as envisioned in the SGA 4 Implementation Plan take time to become reality, and uses such as the applicant's will continue in this area until market forces, private-sector development trends, and public policy create the energy necessary to redevelop this area Staff concludes that the applicant's proposal, therefore, is consistent with the policies of the Comprehensive Plan and is compatible to the surrounding uses in the area. r. . .: r DCW ~iVTERPRI~ES `Agenda Item 7 4 Page, 2 t CONDITIONS 1. All motor vehicle repairs shall take place within the building. 2. There shall be no outside display or storage of equipment, parts, or materials. 3. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. There shall be storage containers outside the building or within parking spaces. 5. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ,= . DCW ~rITERPRL~ES agenda Item 7 Page.3 i r AERIAL OF SITE LOCA710N DCW ENTERPRISES Agenda item 7 Page 4 TMtf if TO C[RTtIY THAT 1. ON AIi A- 0. C H ~ ~ • ~ 9 ~+ °~ fYRV[Y[O TM[ ~RO~[RTY fNOWN ON TNlf ri.AT. AND TNAT TN[ TtTL[ tdNRt ANC TH[ WALLf 0/ TNL fUiLDtNOf ARt iNOWN ON TN If ALAT. ' TNt fU1LOINOf fTAND fTRICTLY WITNIN TNL TITLt LINtf •Np TN[RL ARL NC tNtROACNM[NTi O! OTM[R itJ1LDtNaf ON TM[ f'ROIiJtTY. R1,CtiR Af fMOWN. slaNto ~' P. e"~~ ~ ti t:R\'E1- `w:i~i•a) C~". I'tit)t'i'.hl`'i :.lei" ial',~j'kt)(„g ,lV ,1t•:Ltil:'i r\1'!~. :\', 1}t.f~Ul, K ti vt"fl{l:}i\ k:ill.l211.111 f;?t;H'I' Ul' W~1*.'. i'tli:t:Klst) tA"1't) ~.:{)."3'1'lit)t, t'Si..~ is I;f~{) :'+)) ~;'eti3~.r~' ~~ ,,~;ti~,t)~:~i i'tt.tait;E:. ¢O ~ 3 9 38 8 7 3G ~ .~S .3~ y~, a ~S ~'fd /~~Q '~~ f `' - ~- ~ . ,~ ~ ~'; ,~ ~ i3 i4 i3 ,2 Q~ q ~ { a K q '~ ~; r ~ ~9is ,~ o ~- ~ \\ ' ~ k a ~ U ~ ~ V ~ ~ `~ ~`1'~.Q c, c 'V ~ '~0 f ~$ - ...r.vs! ~ ~~ ik v°.~ ~o ( Q ~ `j /afo = '' 300 .a~" .aDTO/Y~.~C' ~so~ S'T ' .~oTs r3, r.d rs r~~r7, ~ ~~.~'3~ SITE SURVEY DCW ENTERPRISES Agenda ltem 7 Page 5 FaE#omac Street ~--' ~ _. {~-iC-~. t t ~~ l~' i I ~~ c~ ~~ { ~~~ ~ ~~~ i ti c ~ .,~ ~- I ~~ Q ~N~ <-#t- .. E ~~ Ali LAYOUT OF BUILDING INTERIOR DCW ENTERPRISES `Agenda Item 7 .Page 6 r._ _ r. ^r tvapt~c~loScai= ~~,`~' Eater )I'ISL'S ~Ilf. ~}~4/~•O101' ^_ __ _ i~ CUP Automotive Repair {Body and Paint Shop) # DATE DESCRIPTION ACTION 1 01/12/93 Zonin Chan a B-2 to I-1 Granted 2 01/12/93 Zonin Chan a B-3 to I-1 Granted 3 02/09/99 Conditional Use Permit motor vehicle sales Granted 4 02/25/03 01/26/99 Modification of Conditions Conditional Use Permit bin o hall Granted Granted 5 11/13/01 Reconsideration of Conditions Withdrawn 6 11/8/04 Conditional Use Permit automobile service station Granted 7 08/08/95 Conditional Use Permit motor vehicle sales Granted 8 06/28/25 05/23/95 Conditional Use Permit (motor vehicle sales & rental) Conditional Use Permit (motor vehicle sales, rental, & car wash Granted Granted 9 04/30/90 Conditional Use Permit car wash Granted 10 06/25/90 03/10/98 Conditional Use Permit (automobile repair & storage) Conditional Use Permit automobile re air Granted Granted ZONING~HISTORY DCW ENTERPRISES Agenda Item 7 Page 7 ~. ., ~_ .. ~PPt~I~APtT C~I~~C~,t~~1~ 9f t~~ ~~~ii ertt i~ a eor~~r~tic~r;. ~a~#r~~ r:.hi~, €, b;asin:~ss ~, ~~: ~. u~~i~cE~ r~€ted t~wg~rkizatiQr, crrrZpl~te tie f~t~win~: ". List ~'.~~ a~,~ i~c;;r~t name fi~li~v~€~d b~ a~ nar~~~~ t~# ~~~ r °~ . r,~~~~#~,~_ ~ _ tste~s, ~~~t: : ~s, ~t,~. tieiow: t'Att~t:lt Ir~tif~~c~ :;~~, kJV1`Y ii542i54 ~,t~k6S43..9,s 31~~J.. Vi7~ilr~iM%14~~J ~BtiC~ w8~f ~Et7~t@S~~er14 ~. ~[~~ c1" ~L+i~~[t~SS~S ~~~ rtaV~ ~ ~78r4'tl'~-SLl~3arl$t~'4 C' e ~ ~':~t~G t<.'~E;l&~5 ~?ltl~l~ re'a: `~~~ with t#ta acan#: (Attach fist if~ecssa; ~~~~~; h~r~ ~f ~ appii~an~ is 1YQT a c.~rpo~atic~r~, partr~~rs`?~ firm, tausda~ss, o ot~i~+' 4,nincorpr,~rat~~ ~r~aanzatio. PR#~REFt7Y Gbtnt~~R t1~CLSUR ~~y~,., t~;r~ ~~~1~i~tr ot~~r ~F P~C~~~}' c~~~,~~r;s c~itf~r~rrt from ~ .. If ; ~ :: ;;r,..,rt} ~wne, is a co£p~ratir~n na~tnershi„ firm, ~~ .. ~ c:~:;..• not~c~r~x~ratsd af~n~za't~n, ~~r ~ -;e*, w~~ fo[lot~ting: '(. list t~F~ F~` rtY ow~r~er na~~ {:,! ,,._,.~~ b~' the names of alb ~sf~c~rr~, rrt~rr~brs, ~~te, ~aar~ne°s, etc. trr~r~: ~.~CtcP~ Last if raesser~r~ t~~vid C.ir~c~s~y- Ga ,,-_ : ~~~s R ~,1.G (prta ., :. ;grad ~r~t fir ~~.~ -, : ~` 2. ~. ~ ? ! bus~nes~ that ha~re a ~~ ret t bsidar' or R#` ~ ::,~ d ~ius~n~;r. _ µ~ : _ ~' ...: _ : ~~~sip c~ith tt~e appl~can~ #'~` ~' h 1~5t ~f rrc,ssa~y r~;r; I~ Cl;e~k ~~ ifi~e prap~rfy ov~rt~r i~ t~tC3T a c~~c~raon, partn~rsri~,. firm. ~;~s;ness, >"~ ~st~~er uriiri^ ~rpt~'~t~ or~anixatit~n. & x°R ftar fcrao8~~ ~:;~ ~~ ~~ ~: ~ erty~e o~ ~e ~i€y of V~rnia 6~~w~ ~ ~ ,. ; ~.,tee-~~ in tt,a ~ ~ '~~s Atts ~ !f ~ . ~ .~ . ~ ~.: cf'°„ ~~'~i r~r erls~gree and tie r~at~tr gf torte; .~~~rest' ~. .. ._ .. r~-~ "e~ V ~+ ~--~ W W F--+ .--.. CC:~ V DCW ENTERPRISES Agenda Item 7 .Page 8 z 0 N c~ a a~ E-+ ~--~ W a W z 0 Q z 0 v d~C~~CTtC~NAL t14SCLQ~~J~FS List 81~ ~tr~~wrt G~rrt'aCtrs e~ b~~m?~~s~~ that 1~:av Ur ~ I, p', v,d s~'tirl~~5 r~~,t'~; r~~pect r~~u~ste~ ~rc~RerfY use. ., .~ ~ -~ b~rt rt~t l~mite" t_ ',h~~ ~et?~id~rs of ar~Pttt~:~t:-~t` S~'NtGF:S, tE'a1 ~S2~te 5~fl'~Ge~. }!Ilz~'i :dcl~ 5~t3~4'l:,f?r~ c~`:~~li:'`, rlw '~=~~iiiC£S, ~'Iv ~£»c~i ~'~, " "~'at'eet-s~t~sidi~ry re~aficsr;:~~~ " ~ ~,an~ '"~ re~atiotlsPii~ that exists when oar ~cra<+~ri directty i~# indirectly o~n5 sriart~~ p~ssessirt~ ni~~re than 4~f went of t`,~ , ;r: n~, p~aaer t~f another ~~r.ata€xrt.' ~.E Stagy; ~r,~~ 1.ocai G;~vernrrt~r~l u~nfli~, Qt Intcres~_ ` t/s, ~~tte ~ ~.2- t~~. . `i~'.~ I-c:«'~ t .l, l'jESS• @'Rt.dt`~ f$jatlG+rtShi; *!`a"ri~ ~'~ r~~t~:C)~"'S'tt'~~r C;~}1~.'r t'~t~r? ~^'~'~4°'• ss~U ~:.i ark relatrori~hi~. it~dt exiu'ts v~#tesi {ii orie t; ~r: ses e-~ti~~ has a w ,, ~li~nq ~~t~~_, ,~ infe t s!. ~n the rattier ~~sirie~~ entity ~~i a Ctanr ~~ , ~~,'rFe,, in one er~tit~ ~~ ai~~ ~ ~ ., (7Ydrl'-' tt- tllt' G}ti`i~r erit?~~'. ',I;' 9~i9di t#IPC~ 3~ 8't1d~'£: _ f'r,c'ic7~~'T?an~ t7r CQri1r©s s?~fiYdP£,'ri ttlE: L. _. erica ':~ ~ aotc~FS that stio~;d ~~ canside~r:.: 3,a deiernli~,rrf~ the ~~i~terice ~` arc ~' ":3`~'~I ~4J tPS:~' t~'ntdt~ r~.'~att'-~S~~~ilj, i"`~.{l;~£'tti~ ftl~ ~'~~~t DC `~~' ... _. _: ~`. ;"t iyt9€~jiy t~?c ~. ~lE° ~r.t~ii4 tn~r ~a~~~~e tt~e v er ~*~~~; there ar,. ~~~m~ ~ ~c ^rt~nare ,; f~:~tl~ ~, es~E s tr',~ ~iJ61 ~f:;;. F-3~tTttE'~ ~Siu't. ihF~ 1 t~'` ~be SBrT'tE E..: r ~ ~ E111, ~ ;yr e_ Or t3$~9Et~'i~;E' ..hBrE_ H~(~3t1C'~, ~c:';^,PC~~ or ~~t~~^~nL. C1C}'~ .~C ~lc~SiS; .`3i 1"FPS [~ Dt~t~ vr:~~~ ., Ci:,_~` v ' ~'.:'l ~.;8?~~~5~§S~ w.:~`,':E:eWt1 the Entrti£ _. .~. r.:~ r'%t~t~ ~'id l.~l+~I ~.~:.,~=(?:!"'}£'i?i U~'ir ~ !"'i?F rt... -' ~'Y~G. •_t}a~~.~ ~~~€~'4~(CI~T'!~!+# t' r>r;s gar ~~~ ~+.:-ra~t~o~~ ~or,~aned tt~rei~ i~ tr,~e arTc a~ti~~+~, ~ i1r7rr5.a'i;' t` it ~t~f'NI rEr~6~t OS r};tt ` :~i' J., t~'?5~ ~i•" r•tc3F f~'t~: ~}i~Cia+`~ '! 3 _ ~ ~hE''J :'r.~7 f0.w ~'?41~1 '' a :^~ 18(1"I F~'~'?3~tTS1~rQ ~~t G t '~Ut1Cj 8rlf~ ~` la 'N ~c: *~ y 8'' S a C' ~',c F D ,~'£'°~:~1 ~ l€~a5 ~ ~,c,lb . '1Cltiw 1`,3 tf~t 3~CfiE'~11~8t1 ~....`iC t1E'drkri~' FAi.....~~ i., t. ,'1F ., ~ 5. .t~ _ . I ~~'~~ ~w ~lct~]~ ~~'t£ t9i1'~~ $;T't~:`C ,? _ ',t-';L~ tG` Gt't~r}/ t1' ;" ~l~ atS~J~~~fia'}Q`~~ ~ t-~i~; tt'_'C ':`~tIE ~%"G,e't'T'u'1':i~~ P€~r~nira~~ ~ ~.~t^a~~'~`' ,end v9~ fhe ~ .-~~ tit ~r~~se. s~fp.w~a ~ ~ ~ ,u t_; ~a.~at~n_: `.°~;~ ~,,a~ cet;U~, ~. .~ . ~; --~- ::~a ~ ~3tt _._-_ ~ y_~.._ __--- _ . _ e_ _ -i ~(~ ~t~r~ },,~ h-~ ~r~ . ., xJ ~r,. - ~ Sg~nat+~"~ {-f difte-erttlrt p~d~rtf~ E':~~t d~~rtae ~,~~ DCW ENTERPRISES Agenda Item 7 Page 9 Item #7 DCW Enterprises, Inc. d/b/a Colorpro Conditional Use Permit 4911 Potomac Street District 2 Kempsville March 10, 2010 CONSENT Jay Bernas: The matter on the agenda is agenda item 7. This is an application of DCW Enterprises d/b/a Colorpro for a Conditional Use Permit for an automotive repair garage (body and paint shop) on property located at 4911 Potomac Street, District 2, Kempsville. Is there a representative here on this application? Please state your name for the record. David Walton: I'm David Walton, CEO of DCW Enterprises. Jay Bernas: Are the conditions acceptable? David Walton: Yes. Jay Bernas: is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Phil Russo to please review this application. Phil Russo: Thank you Mr. Bernas. The applicant is requesting a Conditional Use Permit for an automotive repair garage. The applicant is proposing a light body shop intended for minor repairs and paint. Since the applicant's proposed use includes body repair and painting, it is classified by the Zoning Ordinance as a repair garage, which is only allowable in the I-1 Industrial District with a Use Permit. The applicant will be working from weekdays from 9:00 a.m. to 6:00 p.m. with some occasional work on Saturday. There will be no impact on city services, and the amount of traffic generated will not change. As a result, the staff recommended approval of this application, and the Commission concurs. We decided to place this on the consent agenda. Jay Bernas: Thank you. I make a motion to approve agenda item number 7. Donald Horsley: Second. Joseph Strange: I have a motion made by Jay Bernas and a second by Don Horsley to approve by consent, item 7. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE BERNAS AYE FELTON AYE Item #7 DCW Enterprises, Inc. d/b/a Colorpro Page 2 HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS ABSENT REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 7 for consent. CUY for Church CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CENTRO EVANGELISTICO HISPANO / P.I.E. LEASING, INC., Conditional Use Permit, religious use, 4999 Cleveland Street. KEMPSVILLE DISTRICT. MEETING DATE: April 13, 2010 ^ Background: The church, Centro Evangelistico Hispano, has less than 20 members and has been operating in the building for an unknown period of time. The Fire Marshall discovered that the church has been operating at this location, without incident, but without a Conditional Use Permit. The property is currently zoned I-1 Industrial District and a church, until recently, was not permitted in the I-1 District by-right or as a conditional use. The Zoning Ordinance was recently amended to permit churches that are not freestanding in the I-1 District with a Conditional Use Permit, and, accordingly, the applicant is now requesting this Use Permit. ^ Considerations: The applicant operates a small church within 3,075 square feet of a larger building located on a 31,250 square foot site. The existing one-story, masonry building has a floor area of 16,765 square feet. The Comprehensive Plan designates this area as Strategic Growth Area 4. The Pembroke Strategic Growth Area 4 Implementation Plan designates this site as part of the Central Village District. According to the plan, this district ... is envisioned as an eclectic, mid to low-rise commercial and urban- residential area. This district will include live-work, loft, and row-house residential buildings as well as smaller scale mixed-use commercial buildings and a sports arena. Due to the high density of residential uses in this district, a great deal of gathering places and open space will be required (p. 29). The current land uses in this area, as well as the applicant's proposal, do not fit with this vision; however, it is understood that plans calling for transformation as envisioned in the SGA 4 Implementation Plan take time to become reality, and uses such as the applicant's will continue in this area until market forces, private- sectordevelopment trends, and public policy create the energy necessary to redevelop this area. Centro Evangelistico Hospano Page 2 of 3 There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: ~. The number of individuals attending any one service shall not exceed the occupancy number to be established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years from the date of adoption by the Virginia Beach City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~`~gQdYyl~ ,~. 2 9 March 10, 2009 Public Hearing APPLICANT: CENTRO EVANGELISTICO HISPANO ~, REQUEST: Conditional Use Permit (religious facility -church) ADDRESS /DESCRIPTION: 4999 Cleveland Street PROPERTY OWNER: P.I.E. LEASING, INC. STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SIZE: AICUZ: 14679454570000 KEMPSVILLE 3,075 square feet of Less than 65 d6 DNL a 16,765 square foot building (Total Site = 31,250 square feet) SUMMARY OF REQUEST The applicant proposes to operate a small church within 3,075 square feet of a larger building location on a 31,250 square foot site. The existing one-story, masonry building has a floor area of 16,765 square feet. The church, Centro Evangelistico Hispano, with less than 20 members has been operating in the building for an unknown period of time. A few months ago, the Fire Marshall discovered that the church has been operating at this location, without incident, but without a Conditional Use Permit. The property is currently zoned I-1 Industrial District and a church, until recently, was not permitted in the I-1 District by-right or as a conditional use. The Zoning Ordinance was recently amended to permit churches that are not freestanding in the I-1 District with a Conditional Use Permit, and, accordingly, the applicant is now requesting this Use Permit. CENTRO EVANGELISTICO HISPANO / P.I.E.~L~EASING, 1`NC. ~~lgenda Jtem 9 Page 1 ~, LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church within a strip center primarily consisting of industrial uses SURROUNDING LAND North: Cleveland Street USE AND ZONING: . Industrial uses ! I-1 Industrial District South: Industrial uses / I-1 Industrial District East: Brian Avenue • Industrial uses / I-1 Industrial District West: . Southgate Avenue • Industrial uses / I-1 Industrial District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental or cultural features on the site, as it is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIPI: Cleveland Street in the vicinity of this application is a two-lane undivided minor urban arterial. The MTP proposes an undivided facility within a 70-foot wide right-of-way section. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Cleveland Street 8,409 ADT 7,300 ADT (Level of Existing Land Use - 6 Service "C") -13,100 ADT ADT' (Level of Service Proposed Land Use 3- "E") Weekday Church: 9 ADT Sunda Church: 21 ADT Hverage uauy i nps ~ as defined by typical industrial uses ' as defined by a church with 14 members The 20 members of the church will require four parking spaces. There are sufficient parking spaces on the site for this use. WATER 8 SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. CENTRO EVANGELISTICO HISPANO / P.I.E. LEASING, iNC. Agenda Item 9 Page 2 t. Several months ago, the Fire Marshall discovered that this church has been operating at this location for some time, without incident, but without zoning approval. Prior to the recently adopted Zoning Amendment that permits church uses that are not free-standing in the industrial district with a Conditional Use Permit, the only way that the church could continue to operate at this location was to rezone the property to a Business zoning district. Staff was not supportive of rezoning only a small spot of the building as originally proposed by the applicant, and the request was deferred by the Planning Commission in October. Now, as a result of the recent amendments to the Zoning Ordinance, the revised request is for only a Conditional Use Permit. The Comprehensive Plan designates this area as Strategic Growth Area 4. The Pembroke Strategic Growth Area 4 Implementation Plan designates this site as part of the Central Village District. According to the plan, this district ... is envisioned as an eclectic, mid to low-rise commercial and urban-residential area. This district will include live-work, loft, and row-house residential buildings as well as smaller scale mixed-use commercial buildings and a sports arena. Due to the high density of residential uses in this district, a great deal of gathering places and open space will be required (p. 29). The current use in this area, as well as the applicant's proposal, does not fit this vision; however, it is understood that plans calling for transformation as envisioned in the SGA 4 Implementation Plan take time to become reality, and uses such as the applicant's will continue in this area until market forces, private-sector development trends, and public policy create the energy necessary to redevelop this area. Staff concludes that the applicant's proposal, therefore, is acceptable with the conditions listed below. CONDITIONS 1. The number of individuals attending any one service shall not exceed the occupancy number to be established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years from the date of adoption by the Virginia Beach City Council. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. CENTRO EVANGELISTICO HISPANO / P.I.E. LEASING, ,INC. 'Agenda Item 9 Page3 y CENTRO EVANGELISTICO HISPANO / P.I.E. LEASING, INC. Agenda Item 9 Page 4 AERIAL OF SITE LOCAT#ON ~~ Q~ ~ ~ ~~ ~ ~ ~~~ ~ w rY~! ~ ~ ~ ~q ~ ~ ~ . jy 1 j C{ ~l ~ q~j a N n ~' ~ S \ ~~ b ti ~~~ ~ ~ ~~ nG LL ~~ ~ ~ y ~ $ ~'~~ 1 ~~~~ Z ~~~€ Y (Altb'OS) ~'3iLi4Y NYRyp7 ~ m~a. a xsm ~ ~ ~ { s ~ Q.,, ~ lUtf i I O ~ ~~~\ ~~~*~~ '~ ~ ~ ~ © ` ~ .~ O e ,'Z`.~\ ~\~ ~ ~E ~ 3 t ~ ~ g V~.1h~'~ ~. ~ ~\ ~ ~~V~~. A ~ ~~ ~ ~ f }q. l i4 ~ ~ i~ e w• _ t ~ _ I I ~ 8 i g !;~ `~ t S! 9 ! 9 i ~ iY ~ <r ~~ ~~ t ~ ~ t ,i , ~~ 3 ; ~ ~ ~ ~~~ ~__._~...r ~_. -~..~... g& ~ ~ _~ ~a x ~ # ~ ~ ttY d#d# ~ ~~ t t S N h ( ~ ~ ~ ~~ g ~ ~ ~ B f ~ 1 ~ a ~~ ~ ~ 1~ td ~ ~t ~ ~ ~ ~~ ~~ ~ C ~ ~ ~'~.., ~~ 31 1 a,°`,i y ~ I' i 'tlL i fl~ f i 3 Pi~K N f ~3I19tY ANYG11Ai6lW ~.G~r~.Y 3fYEYrLlA~ ~ €~~~ a ~~~~~~~~~~~~~~~~~~ ~~ k5~~~ ~ ~ ~~~ BaE,~ a~ .~, 8 ~' ~ ~~i ~S[ i / 3 ~! f plp~xt ~~ ~~ ~~~~~~~-a~ L ~ ~~~~~ ~ ~ ~$~;~~~~ ~~~ a SITE PLAN CENTRO EVANGELISTICO HISPANO / P.I.E. LEASING, INC. Agenda -Item 9 Page 5 1 07-11-01 CUP auto repair ara a Granted 2 08-14-08 11-20-89 CUP (tattoo parlor) CUP church Granted Granted 3 02-01-00 06-02-81 CUP (auto repair & car wash) CUP car wash Granted Granted 4 08-08-95 CUP motor vehicle sales Granted 5 01-09-89 CUP motor vehicle sales Granted 6 08-08-88 CUP communication tower Granted 7 07-02-91 CUP bulk stora a Granted 8 11-08-82 Chan a of Zonin 6-2 to I-1 Granted ZONING HISTORY CENTRO EVANGELISTICO HISPANO / P.I.E. LEASING, INC. Agenda Item 9 Page 6 DISCLOSURE STATEMENT z 0 APPLICANT i}iISCLOSURE 1f the applicant is a corporation; partnership, firm, business, or other unincorporated organization, :complete the following; 1. List the applicant name followed by the names of all officers,. members, trustees, partners, etC, below: (Aftach /isf tf necessary} Centro Bvangelistico Hispano: Burton Katzelnik and Pilar Katzelnik, Pastors 2. List all businesses that have aparent-subsidiary' or affiliated business en#ity relationship with the applicant: {A#tach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorpora#ed organization. PRt3PERTY OWNER DISCLOSURE Complete #hfs section only if property owner is different from applicant. I# 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 Gst if necessary) P.I.E. Leasing, Inc..; Philip Infantino, Sr., President; Philip J, Infantino, Vice presidentfSecreiary(Treasurer 2. List aII businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant:. {Affach list if necessary) ^ Check here if the property owner is ;NOT a corporation, partnership, firm,. business, or other unincorporated organization. 8~ `See rsext page ft~r ~aotnotes ~=-~ V a-. w w z 0 0 v CENTRO EVANGELISTICO HISPANO / P.I.E. LEASING, fNC. Agenda Item 9 Page 7 F--~ V r---~ a w W cn .'~- z 0 Q z 0 V DISCLt'3SURE S~"ATEMENT~' ----~~- - ADC31TIC7NAL DISCLOS~IRES Lfst all mown contractors ar businesses that have or will provide services with respect fo the requested property use> including but not limited to the providers of architectural services, real estate services, financial sanrices, accounting se~rices and legal services° (Attach list if necessary). MSA; P.C. Sykes, Bourdon, Ahern & Levy, P.~. ~ "Parent-subsidiary relatianship'~ means "a relationship that exists ;vhen one corporation directly or indirectly owns shares possessing snore than 50 percent of the voting power of another corparation_~ Ssc State and I<ocai ~overnrnent Conflict of Interests Act, Va, Code § 2.2-3101 e `Affiliated business entity relationship" means 'a relationships other than parent-subsidiary relationship, fihat exists when ~i} one business entity has a controlling ownership interest in the other business entity; iii} a controlling owner in one entity is also a controlling owner in the other entity or (iii} there is shared management or contra( tretween the business entities. Factors that should be considered in determining the existence of an affriiated 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 ar otherwise share activities, resources or personnel on a regular basis; ar there is otherwise a close working relationship ! between the entities." See State and Loeal Government Conflict ofi Interests Act, ~1~. Gode § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate" 1 understand that, upon receipt of notification {postcard} that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required I sign on the sub}ect property at least 30 days prior to the scheduled public hearing according to the instructions in this pacl~ager Centro ispano gy: r''rr,~ ` ~ Gear~e Alti*~s, Churci, Applcani ~ ~ture Print Name t crii ri x s~~La P,l_E.~easin inc Bya~s~_" ,~~ -~ ~-~~ -~~' ~~ _ Philip J. Infantino~'Jice President Property C}wrfer~~ Sig etu=e (if dttEerent thaw ag,~flcant) ~ Print Name ~t~ra3=tva~a Jse Peras:~ Rp; ~e~tto~ Pa~~ ter o± t;, R~stssd 9??t20~?4 CENTRO EVANGELISTICO HISPANO / P.I.E. "LEASING, INC. Agenda Jtem 9 Page 8 Item #9 P.I.E. Leasing, Inc. Conditional Use Permit 4999 Cleveland Street District 2 Kempsville March 10, 2010 CONSENT Jay Bernas: The next matter is agenda item 9. This is an application of P.I.E. Leasing for a Conditional Use Permit for a religious use on property located at 4999 Cleveland Street, District 2, Kempsville. Is there a representative? Eddie Bourdon: Thank you Mr. Vice Chair. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing P.I.E. Leasing. All three conditions that are recommended to you by staff are acceptable to the application. We appreciate being on the consent agenda. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Thank you Mr. Vice Chairman. The applicant proposes to operate a small church in an existing one story masonry building located, once again at 4999 Cleveland Street. The church currently has less than 20 members and is operating in the building. We have reviewed the application and it complies with the new ordinance. There is no objection and it meets all requirements. There are three conditions added by staff, and agreed upon by the applicant, and staff recommends approval, and we concur, and ask that it be placed on the consent agenda. Jay Bernas: Thank you. I make a motion to approve agenda item number 9. Donald Horsley: Second. Joseph Strange: I have a motion made by Jay Bernas and a second by Don Horsley to approve by consent, item 9. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS REDMOND AYE ABS 0 ABSENT 1 ABSENT Item #9 P.I.E. Leasing, Inc. Page 2 RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 9 for consent. New Cingular Wireless Ian N-12 Map Not to Scale PC S LL C t/a AT& T R15 ~ ' ..~ ~ ~ - ~ B~ -~ ~ , _. __ -.-~ ~., j ~, ,. -- R5 D ~',\ '~ 1 ~?/, r~r 1 \~ r ~~~ ~~ , ~~ ~N°~R ~~ ~~ ~' ~ .- ~ io ~ ~,.. .o z ~ .,~ ~~ _ - O '~ r" AG2 ''~ "'"_ - :, . ~~ ~' Ito . CUP for Communication Tower CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) /CITY OF VIRGINIA BEACH, Conditional Use Permit, communication tower, 408 Sandbridge Road. PRINCESS ANNE DISTRICT. MEETING DATE: April 13, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow a communication tower on this site. Wireless telephone coverage in the Sandbridge Beach area of the city is weak, as evidenced by the "existing coverage map" (page 10 of the attached report). Currently, service is limited to areas outside of buildings and that service is unreliable. The applicant and other carriers have been searching for several years to locate a site in this area for antennas. There are, however, no structures in the Sandbridge Beach area with the height needed to provide an opportunity for building-mounted antennas. Since 2005, the applicant has been working with the Departments of Planning and Public Utilities to determine the feasibility of locating a wireless communication tower on this site, which is the location of the Sandbridge Beach Water Tank. Initial discussions centered on co- locating an antenna on the existing water tower. Security concerns, however, negated that proposal. The applicant then proceeded with the request for the tower to be located in the compound. On September 22, 2009, the City Council awarded a lease to New Cingular Wireless for the use of this public property for a wireless communication tower and supporting structures. ^ Considerations: The applicant proposes to construct a 175-foot tall communication tower and a 1,034 square foot building within the secure compound of the Department of Public Utilities' Sandbridge Beach water tank. The submitted site plan depicts a lease area of 3,760 square feet along the western side of the site. The proposed tower is located in the northwest portion of the site. The proposed equipment building is located 17 feet from the front property line and is aligned with the existing Public Utilities maintenance building. The proposed tower will have a platform at the top to accommodate an osprey nest currently located on the site. The site is currently enclosed with achain-link fence and has an existing access from Sandbridge Road. Due to security concerns, the lease area for the tower New Cingular Wireless PCS, L.L.C. (t/a AT&T). Page2of4 operation will have a separate security fence and a separate entrance from Sandbridge Road. As required by the provisions of the Zoning Ordinance regulating wireless communication facilities, the applicant met with the Sandbridge community and provided information regarding the operation of the tower. The proposal meets all of the applicable requirements of the Zoning Ordinance for this use. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "Sandbridge Beach Site No. NF302C 408 Sandbridge Road, Virginia Beach, VA 23456", dated 11/30/09, and as revised 02/02/10, and prepared by BC Architects Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. As provided for by Section 232(8)(1) of the Zoning Ordinance, yard and tower setbacks as depicted on the plan shall supersede the setbacks provided by the Zoning Ordinance. 2. The applicant shall submit a structural report for the tower to be designed at a 150-mph sustained wind speed and a 110-mph sustained wind speed for the proposed maintenance building. Both wind speed criteria shall also include the maximum importance factor and an exposure factor "D". 3. The applicant shall improve the entrance to the site in accordance with the Public Works department Specifications and Standards for commercial entrances. The proposed tower shall not exceed one hundred seventy-five (175) feet in overall height. 4. The tower shall be painted and maintained. The finish coat shall be with exterior paint ICI Devoe, Devthane 379 Aliphatic Urethane Gloss Coating finish, TNEMEC Steel Blue (TNEMEC color GB21). 5. Unless a different type is required by the Federal Aviation Administration (FAA), the applicant shall install a FAA Aircraft Obstruction Warning Light, type 6 LED OL1 FAA TYPE L-180 SINGLE AND DOUBLE OBSTRUCTION LIGHT, red in color, on the tower. 6. The proposed equipment building shall be similar in design and color as the Sandbridge Fire Station building and deigned in substantial conformity with the building elevation shown on Sheet A-3 of the site plan set referred New Cingular Wireless PCS, L.L.C. (t/a AT&T). Page 3 of 4 to in Condition 1. The existing maintenance building on the site of the water tower shall be painted by the applicant to match the exterior color or the wireless equipment building located on the applicant's lease area. 7. The applicant shall install an enclosure around the generator pad for the purpose of screening the generator from Sandbridge Road, as depicted on Sheet A-3 of the site plan set referred to in Condition 1. Said enclosure shall be constructed of the same materials and shall be the same color as the exterior walls of the equipment building. 8. The applicant shall plant two Japanese Black Pine trees, a minimum of two inches in caliper, and four Pampas grasses, a minimum of 36 inches in height, at the southeast and southwest corners of the site. 9. The applicant shall provide the Department of Planning with a copy of the Notice of Presumed Hazard letter from the FAA prior to the issuance of building permits for any portion of the tower. 10. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the user shall cease operation to the extent necessary to stop the interference. 11. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ . ~ New Cingular Wireless clan K-u ^~^~~~~~ PCS LLC t/a AT&T 1 R15 ''` 4 : ~ = ,._; R5D ~ ~~ .~ .,\ , .,~ ,~ ~. i32 jj 1 1 ..e~ ~; -~:. '~ s ~~ AG2 `~ ' B2 /f _,~~ c;ur nor commun/catlon Tower REQUEST: Conditional Use Permit (Communication Tower) ADDRESS /DESCRIPTION: 408 Sandbridge Road 13 March 10, 2010 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, T/AAT&T PROPERTY OWNER: CITY OF VIRGININA BEACH GPIN: ELECTION DISTRICT: SITE SIZE: 243401191030000 PRINCESS ANNE 0.52 acre (22,651 square feet) STAFF PLANNER: Faith Christie AICUZ: Less than 65 dB DNL APPLICATION HISTORY: On February 10, 2010, the Planning Commission deferred this item at the request of the applicant to provide time for the applicant to meet with residents of the area for the purpose of further discussing methods of ensuring compatibility of the proposed tower to the surrounding area. The applicant has since met with the residents and discussed the proposals of the residents with City staff. The modifications requested by the residents are intended to make the proposed building and the existing building on the site compatible in style to the Sandbridge community. The recommended conditions at the end of this report have been revised to address the community's issues. The applicant is agreeable to the revisions. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a communication tower. The Sandbridge Beach area of the city is sorely lacking in mobile wireless telephone coverage, as evidenced by the "existing coverage map" (page 10 of this report). The applicant proposes to construct a 175-foot tall communication tower and a 1,034 square foot pre-fabricated building within the secure compound of the Department of Public Utilities' Sandbridge Beach water tower. The applicant and other carriers have been working with the Departments of Planning and Public Utilities since 2005 to determine the feasibility of locating a wireless communication tower in this area. Initial discussions centered on co- locating an antenna on the existing water tower. Security concerns, however, negated that proposal. The applicant then proceeded with the request for the tower to be located in the compound. NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) :Agenda Item 13 Page 1 The submitted site plan depicts a lease area of 3,760 square feet along the western side of the site. The proposed tower is located in the northwest portion of the site. The proposed equipment building is located 17 feet from the front property line and is aligned with the existing Public Utilities maintenance building. The style of the proposed building is similar to the existing maintenance building. The proposed tower will be 175 feet in height with a platform at the top of the antenna to accommodate an osprey nest currently located on the site. The site is currently enclosed with achain-link fence and has an existing access from Sandbridge Road. Due to security concerns, the lease area for the tower operation will have a separate security fence and a separate entrance from Sandbridge Road. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A City of Virginia Beach Public Utilities water tower and maintenance building occupy the site. SURROUNDING LAND North: Undeveloped property / B-2 Community Business USE AND ZONING: South: . Sandbridge Road East: Marlin Lane West: . Undeveloped property / B-2 Community Business NATURAL RESOURCE AND The site is located within the Back Bay watershed of the Southern CULTURAL FEATURES: Watersheds Management area. The United States Fish and Wildlife Service owns the property to the north and west of the site. These are marsh areas with an abundance of vegetation. An osprey nest is located on a 65-foot tall pole within the secure compound. The nest will be re- located to the top of the tower at the appropriate time in the construction schedule. EVALUATION AND RECOMMENDATION Staff recommends approval of this request subject to the conditions listed below. The Sandbridge Beach area lacks adequate mobile wireless telephone service. Currently, service is limited to areas outside of buildings and that service is unreliable. There are no structures in the Sandbridge Beach area with the height needed to provide an opportunity for building-mounted antennas. As previously discussed in this report, mounting antennas on the existing water tower is not an option due to security concerns; therefore, the option of constructing a communication tower on the site of the water tower, within a separate secured area, is being proposed as a viable alternative for providing service within this area. The applicant worked with staff to insure the following requirements imposed by the Department of Public Utilities are met: 1. A separate entrance and security fence to insure security protocol is observed on the site. 2. Construction of a tower that is complementary to the existing water tank. The tower will be painted and maintained with exterior paint ICI Devoe, Devthane 379 Aliphatic Urethane Gloss Coating finish, TNEMEC Steel Blue (TNEMEC color GB21). 3. The applicant shall install a FAA Aircraft Obstruction Warning Light, red in color, on the tower. 4. The applicant shall construct the maintenance building to mirror the existing building with regard to color and materials. 5. The applicant shall submit a Notice of Proposed Construction to the FAA for review and approval. 6. The applicant shall discuss the project with United States Navy NAS Oceana and provide any comments and or approvals. 7. The applicant shall re-locate the osprey nest. The proposed tower has a platform for this purpose. The applicant met with the community and provided information regarding the operation of the tower. The applicant will be meeting again with the neighborhood between the Planning Commission meeting and the City Council meeting to provide additional information regarding the coverage areas and design of the monopole. On September 22, 2009, the City Council awarded a lease to New Cingular Wireless for the use of this public property for a wireless communication tower and supporting structures. Staff recommends approval of the Use Permit subject to the following conditions. CONDITIONS The lease area shall be developed substantially in accordance with the submitted plan entitled "Sandbridge Beach Site No. NF302C 408 Sandbridge Road, Virginia Beach, VA 23456", dated 11/30/09, and as revised 02/02/10, and prepared by BC Architects Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. As provided for by Section 232(8)(1) of the Zoning Ordinance, yard and tower setbacks as depicted on the plan shall supersede the setbacks provided by the Zoning Ordinance. 2. The applicant shall submit a structural report for the tower to be designed at a 150-mph sustained wind speed and a 110-mph sustained wind speed for the proposed maintenance building. Both~wind speed criteria shall also include the maximum importance factor and an exposure factor "D". 3. The applicant shall improve the entrance to the site in accordance with the Public Works department Specifications and Standards for commercial entrances. The proposed tower shall not exceed one hundred seventy-five (175) feet in overall height. 4. The tower shall be painted and maintained. The finish coat shall be with exterior paint ICI Devoe, Devthane 379 Aliphatic Urethane Gloss Coating finish, TNEMEC Steel Blue (TNEMEC color GB21). Provide draw-down sample to owner for approval. 5. Unless a different type is required by the Federal Aviation Administration (FAA), the applicant shall install a FAA Aircraft Obstruction Warning Light, type 6 LED OL1 FAA TYPE L-180 SINGLE AND DOUBLE OBSTRUCTION LIGHT, red in color, on the tower. NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) Agenda Item ~ 3 } Page_ 3 r 6. The proposed equipment building shall be similar in design and color as the Sandbridge Fire Station building and deigned in substantial conformity with the building elevation shown on Sheet A-3 of the site plan set referred to in Condition 1. The existing maintenance building on the site of the water tower shall be renovated by the applicant to match the exterior materials and color or the wireless equipment building located on the applicant's lease area. 7. The applicant shall install an enclosure around the generator pad for the purpose of screening the generator from Sandbridge Road, as depicted on Sheet A-3 of the site plan set referred to in Condition 1. Said enclosure shall be constructed of the same materials and shall be the same color as the exterior walls of the equipment building. 8. The applicant shall plant two Japanese Black Pine trees, a minimum of two inches in caliper, and four Pampas grasses, a minimum of 36 inches in height, at the southeast and southwest corners of the site. 9. The applicant shall provide the Department of Planning with a copy of the Notice of Presumed Hazard letter from the FAA prior to the issuance of building permits for any portion of the tower. 10. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the user shall cease operation to the extent necessary to stop the interference. 11. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Ofifce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. NEW CINGULAR WIRELESS PCS, LLG (T/A AT&T) .Agenda Item 13 Page 4 AERIAL PHOTO OF SITE NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) `Agenda Item 13 Page 5 ^~ ~I~'~s 8 ~ ~ E E~ ~~ a x o t7Z ',~%' ~ ~ c°'v ',Y vz ~`, • 4 1 ~ .~% ~~ ~ N ti~ ~r ~ `~~ _ ~.~t ~ ~.~i q .\~ ;~ ~, ~~ ~ ~ .. < ~~ ' ~ E ,a, ~ r~ ~V ~ ~ •, i ~ ~ ! ~ 4 ,,,r" \ ~ t :.~J ~ g:- ` ems, _' ~ ~? ~ ~ t .. ~~~ 8 ~ ~~~ ~~~ ~ ~~ ~ ~ ~-.-~~` ~` .~ .-~ /° s ~ ~ V 4h~ €~ ~.- .~: ~ ~ _1 wad U. 1 ~~~ V ~ ~ %'r'~ ~+ ~ ~"~ X ~` 1 A ~~'~^ ~t ' '~ _~y''.-". r ie'_' ff < ~ wt ~~ ~; ~~ .~ ~ ~ ~ ~ E ~5¢ i ~ ¢ ~ ~ ~a E ~ ~ < ..' .. pp 1 ~ art ~ ~ C r ~ ~ Ir ~ i ~~ ~~~ m~ PROPOSED SITE. -PLAN NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) Agenda Item 7 3 Page 6 ^~{ ~" ~ ~ ' ~ { 7((7 yy~ sk , j ~ ~~ / gg i ~..., I ~ i\ ~. ~. ~ % _ ____ #~ qq e x t ~ ~~ ~~ `~.i ~ ~t ~ « \\ ~ ~ a \ ' r, 1 , , ----~- ~ t r- ~~i d j 4 ~ ~' z~ ~¢~ ~€ j 4 $ z ~~ ~ ~~ x ~ ~ ... c W' a ~; ~ ~, •t~ yx~- 1 rs9 ° ~ Q C ( z ~ . ~ ~ 4 ' ~ ~ '; , ~ . iNh~ $c t S d ~ aE~ t~~ ~`, .'.... C .. ~ i ~, r'y '~ y~ ~ ~~ ` Y ? ~ r ~..~ ~ ;€~~ F - t E S ~ S ~ ~+ . ~:: . , ~ . ----+ mo ~ i ~ ~ _ w ~ - qq frd _^^ g , _~ - ~ ~i,, ,_ ~ } ~^#~ ~ ~* Y _ ( B ~ , ~~~. ~x ~ ~! Y _ 1 ~ ft..~.~~__ s ~°"-~ .1 ~ P ~~ ~- t } ~", ; ~~ ~ i ~ 7 ~ .. .. !` 1, ~ ~~~ ~ ~ ~ ti't ..fit ~ ~- --' ~• k ~ ( ~-\ c-~° E ~~ s~~o r, ~~~ .o s ._ ~- .~ COMPOUND PLAN NEW CINGULAR WIRELESS PCS, LLC {T/A AT&Tj -- Agenda Item 9 3 Page 7 ,~ ',',, ~` ~ ~ ~ .::~ -: - it ~ ~ ~ <,~,~ a o [~ m_ oo?~ X 5~ ~ ~ ~ R #~ p q ~} ~~A ~ f p ~~ i~ E F ~~ f ~~ S ~'~"'~ I N EH~ ~~ ( a t t ~ _.~.. yp ( c ~F i/ ` ~ `~\ a t K i S "i 9XY3R Yii1Q3 4W t!W } $'~g z ~~ DI a I ~ 1 t ~ ~ 4 tq~~ ~qq d Fjje xr. B L. ~`. €} Y a b r ~E? S q ~,t '~ ~~~ fy~ ~~~1 t ~~ .8 2:' ~~ R~p~~~g ~~ ~J ` G a v PROPOSED TOWER ELEW~-TION NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) Agenda Item 13 Page 8 ---- ~, ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ L• ~~~~' ([' * ~ ~ ~: tit 6 ~ (jE _ L- ~~~ ~ ~ ~c ~'~ ~ v ~ e t t 1 O fj. - ~~ ~ (~a..i .»~~ ~~ . ~, r ~ f ~ , t-- _ ~ ~ ~ - ~~,.~~~ ~ n d~.~ ° ~- ..._._.. 1i b~ ~ ~ ~. ti i- _ ! ~ t C. ~ ! ; 41 ' p ~ ~ Y C 1` 4 ~) -.. i~ C-.t ~_t w„a ~ 1i - ~ ~--- #? ~ ' ~ , ~~1 -- tr 11 ~ ~_.....--- - 1ST ~it _ ~ _ r~ ~..~ _' .~ ~~~ t ri P E I 3 ~ !f ! !~ 8 ! ~~,. a '.I - ~ ~ '~ ~ '. 75 '~ i ~ o i O .~....~..~_...a.., ~ ~ ~ ~~ ~. ~ ~ ~ ~ ~ ~ $ F ~ ~ ~ L- ~ ~ : d Cd o .ter i ~ x E ~ ~ i { - 'tf ~ ~ ' r~ r ~ _ ~ ~ ~ ~ i j _ ~!, ~i ~~ ~' .,~ ~ n~ Ficn ! i 1 _ .~ I .~ --- PROPOSED BUILDING ELEVATION NEW CINGULAR WIRELESS PCS, LL~C {T/A AT&T) Agenda I#em ~ 3 Page 9 r ~. V tsi L L U EXISTING COVERAGE NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) Agenda Item 13 Page 10 1"'~ a ~. ~~ L PROPOSED COVERAGE NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) Agenda Item 13 Page 11 i,.,= ~1 ~_ O L~ T t~ 1 ~ .,ii Y- ~ f ~} j - ~ ~r ~~ {may t y ~..~`4„ f - ' ~ _ ~~ ~ _~~-~' ~ ~ `` ' ~ ~ U ~ _ -_~_ ~ _~ ~~- - " _ ~ ~ .,q,J-. ~ y_.. .7y` l ` - ., E ~ ' r, • ~ ~. - ~_ 1 .~.-~ L r~ ~r '~ ~1~ ~ € ~ .~ ~, ~~ ^ L k~ .a_y. Y NEW CINGULAR WIRELESS PCS, LLC {T/A AT&T) Agenda Item 13 Page 12 ~Y x f~1SGE...C3SURE STAT~1viE1`~IT APPLICANT t}fSCLOSURE If the a,~~i"cant ;s a cc~raeraticn. Nar;nership, firm. business, ~r other ur~ineorporated organization ~c~rn~lete it~a fallowing: 7. List tht~ applicant name f~l(o~ved by the names cif aIi Officers, rrtec~bers, trustees, partners. etc. efet~v:/attach list it necessary) New CirrgularWiretess PCS, LlC tJa AT~T -Please ~i I ~ __~see at#ached list. 2. List ail businesses that have aparent-subsidiary' or affiliated business entity` relationship ~~vith the applicant: Attach list ifnecessary) AT&T Mo6tlity Check he~c~ if the applicant is NOT a corporation, partnership, firm, business, ter ether un,. ~urNvrated Organization. PROPERTY OWNER DISCLOSURE Comptet~ this sect,i~n ca~fy if pro;~erty tta~rner is different frorr7 appdicar~t. if the property owner is a corporation, partnership, firm, business, car other uninoorparate~ ~r~anization, cornp€ete the following= t. t.~ist the pr~.,,erty oo•.ner Warne followed try the names of all ofi"acars, mt;rnbers, trustees, party=ors, etc. below: (attach list if necessary) t;i#y aiV#*ginfa Seash 2: List all businesses that have aparent-subsidiary' or affrliated business entity :.relationship with the applicant: (Attach list r'f necessary) N/A C7 Check here if'.*~e property owner is NC}Ta corporation, partnership, frrr~, business, er ctFer unincorporated organization. ~ 5ne next page ap> :;~at~:s ~-~ 0 ~-•--i r~-~ w F Mr~~s Dees an o~cial or employee of the City of Virginia Beach have an interest in the sutf 34 ~rad? Yvs _. loo X If yes:, r,a rs the name cf the offrcial or employee and the nature of their interest? ~~ - .e -...~ _m._...__. ~ '' . - . 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'.i^~5 .- ?eS~,*c jh~ _~~~ ~s~ _ - ~ _ ,~ a~=~ ~r~a Use of t~ same c~~#s car em~ic~~>.., U.~~_ .. ~~ ~_ . r <, .. , a ;.~.:~. ;:~-s~~~nc~ a r~s~~raa~ Visas; ~r ti~ere is ~~`.a^~°. s~: e ~ asp ~ ' ~ , r,.,...~:w _ ~~~tr.;es." fee State and t.~~.::aE G~~rernrttent C{' . ~~ t°,:~~ ~__.-. '. ... ~. :~ ,> . . ~.E~R~tFtCAT1C}N: t _-. t-. ~ t ;~.. - . _~ta^~ _...•' . , _ ;:.^~: .... r,,F<: a ~ - i f ..:~5t '-~~ ~ e~° ~ . t . > r.,~ ~ ,r, ,w, ~.. ~~~~'. - :` ..-' Cavic3 G. ~ilC -'%' (F. _ ~ .~.---,.~. _ T t~~:a! Estate atrtd G~arss~ruc; V" _ __._ _~ _ ~°`r~ •;e i NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) Agenda Item 13 Page 14 TT M~~ttr ~~C ~~ !{E"'td ~:L~~tSTt't~S ~~ ATiT M{~L2ti,tl"Y ~.G" T, '.~I~q{ tfti N' t- c =i?' °° ~ ~ Y c € 4~, 1 r i~ J a iv '. ~'t+S3Y,". r.3tt . A.: ~- -1, a y*.b1~°r A . ~ ?.. y~,,~ t ,,, ~~Rtwr~ t. a"•.t+i~'~t1'1° ':lr+S•I"'kr :~`.~^°,,'t..r. t~ y~ ~~ ~ ~f ~ may, Ati ~~~ XP "'dIT -!=','~.?. ti',akcln,.E .?' ~.[fa'• »tl4Ew'.F ..^?C ," . . r+. E ' - NE' "' + , q i ~ { t E ~ ~~1.4 ~'%k g } ~ '„ tti ~'~iw ~ .,.~..'.. L.1• ~., s.v nu ~~F~ 0~~ ~ t..~ f11i.$~` 'ti <, _ (' C..="E <'.?~'i~a'i.F ; ~^+64'ie°tc f~n'r:-Ir f, .. `. 't° ~r~~+EZf ;t-~.. ~, ;_ a , rye. ~ ~ y~ ,'~ ., '~ ~TlS T +~t+T'~' #.Lc €~aaaC~ ~~ lF~EsC"~C1~` ". ¢m.~ av Cam.,.. R.~:s'a+~n.p»>< 'w. ~, r t ~ v'r~ wy ~ ~~ ~~~a ~lrw ~'e : ~ '.. +6 , : . ~tlCtsicd A, A 6 Alat~'ri~t~alb •~ ~ ~ 7 : ~ .: a ,.< ~ ~t~urrd' Cr. Attar 44 ~ ~ ~-.E ' ~ . ... . ~° f~~ R0't~ct ,, `~~ ;~ ~~~'~fV~'.41. ~~Qf~.j .R Y 7 ~ N ~1~~ ,E'~ ~ # . R< a °afr ~~ DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) Benda Item ~ 3 Page. 7 5 Item # 13 New Cingular Wireless PCS, L.L.C. (t/a AT&T) Conditional Use Permit 408 Sandbridge Road District 7 Princess Anne March 10, 2010 CONSENT Jay Bernas: The next matter is agenda item 13. This is an application of New Cingular Wireless PCS for a Conditional Use Permit for a communications tower on property located at 408 Sandbridge Road, District 7, Princess Anne. Is there a representative? Welcome. Lisa Murphy: Good afternoon Chairman, Vice Chairman, and members of the Planning Commission. My name is Lisa Murphy, a local attorney. I'm here for the applicant. And with the modification to Condition 6 that the applicant will paint the existing building on the compound instead of renovating it, we concur with all of the proposed conditions, and we appreciate being placed on the consent agenda. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Horsley to please review this item. Donald Horsley: Okay. The community of Sandbridge is long needed cell phone service. They have been working with the city and Public Utilities Department approximately for five years trying to reach an agreement to construct a tower on this site where the water tower is now. There was some discussion about putting an antenna on top of the water tower but that didn't work out too well. So, they decided to go with the construction of a new tower. They met with the community. They addressed all those concerns as Ms. Murphy just said, they changed Condition 6. There are 11 conditions but number 6 stated about the renovation of the building, and we decided that painting the building would suffice for those needs. So, there wasn't any opposition, and staff had a favorable recommendation so we thought it merited consideration, and we put it on the consent agenda. Thank you. Jay Bernas: Thank you. That was the last item on the agenda. I make a motion to approve agenda item number 13 with the modification to condition 6. Donald Horsley: Second. Joseph Strange: I have a motion made by Jay Bernas and a second by Don Horsley to approve by consent, item 13. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE Item #13 New Cingular Wireless PCS, L.L.C. (t/a AT&T) Page 2 BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 13 for consent. ii ~I;,~ D-~ Karinphillip, Inc. neap IVOt to Scale '- --; _ X :~ ~~~ , 11- ~Z`, 02~~ a,~f~e~sA r ~~ ld~ Kemps Lake J ~~~:~ iesL '11 ~.:- ; ~~ ~ __ , -, ,u i ; ., t• ~~ •~ 11 ,, ~ \ '" .'~._. "'" ' -' ~' CUP for Tattoo Parlor Conditional Zoning Change from l7 to BZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) KARINPHILLIP, INC. / PARR PROPERTIES, LLC, Change of Zoning District Classification, I-1 Light Industrial District to Conditional B-2 Community Business District, 114 South Witchduck Road. Comprehensive Plan: Strategic Growth Area 4 -Pembroke. Purpose: operation of a tattoo parlor. KEMPSVILLE DISTRICT. b) KARINPHILLIP, INC. / PARR PROPERTIES, LLC, Conditional Use Permit, tattoo parlor, 114 South Witchduck Road. KEMPSVILLE DISTRICT. MEETING DATE: April 13, 2010 ^ Background: The applicant requests a Conditional Change of Zoning of the property, which is zoned I-1 Industrial District, to B-2 Community Business District. The applicant also requests a Conditional Use Permit to establish a tattoo and body piercing studio in a lease space of 2,000 square feet on the proposed site. The City Council deferred these items on February 23, 2010 at the request of the applicant. ^ Considerations: The studio will be located on the entire first floor of the existing building. The operation will consist of three shop employees, three piercers, and six tattoo artists. The hours of operation will be 10:00 a.m. to 10:00 p.m., seven days a week. A dentist and a dance studio are located on the second floor of the building. The change of zoning for this site from Industrial to Business is appropriate and brings the site into greater conformance with the recommendations of the Comprehensive Plan. The site's existing zoning was, in the past, appropriate to how the area around this site had been traditionally used; however, adopted plans now call for a different type of use. The requested Business District zoning, as well as the use of the site for a tattoo parlor, is a small step toward the long- term transition of the Central Village District of Strategic Growth Area 4 from its current character to the desired end state. There was no opposition to the request. Karinphillip, Inc. Page 2 of 3 ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-3, to recommend denial of the requests to the City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manager: S~ , l~'',~ T ,~ , Karinphillip, Inc. 'Zarmq wah RecoMed CondilansiProfrers CUP for Tattoo Parlor Conditional Zoning Change from /7 to B2 Me'uaP~¢?,e Karin hilli Inc. c nom, , a ~ o- ~ -i ~-2 ~ ~ .~ ~. Kemps Lake _ . --~1 ~ ~ ~ -r. CUP for Tatiuo Parlar ~ Conditional Zoning Changc -from !-7 ro 8-2 20 & 21 January 13, 2010 Public Hearing APPLICANT: KARINPHILLIP, INC PROPERTY OWNER: PARR PROPERTIES, LLC. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zonin4 (I-1 Light Industrial District to B-2 Business District) Conditional Use Permit (tattoo parlor) ADDRESS /DESCRIPTION: 114 South Witchduck Road GPIN: ELECTION DISTRICT: 1467830480000 KEMPSVILLE AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Change of Zoning of the property, zoned I-1 Industrial District, to B- 2Community Business District. The applicant also requests a Conditional Use Permit to establish a tattoo and body piercing studio in a lease space of 2,000 square feet on the proposed site. The studio will be located on the entire first floor of the existing building. The operation will consist of three shop employees, three piercers, and six tattoo artists. The hours of operation will be 10:00 a.m. to 10:00 p.m., seven days a week. Other tenants are located on the second floor of the building: a dentist office and dance studio. SITE SIZE: 15,638 square feet LEASE SIZE: 2,000 square feet ICARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 & 21 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercially developed site SURROUNDING LAND North: Across I-264 ramp, warehouse / I-2 Industrial District USE AND ZONING: South: I-264 I B-2 Community Business District East: Across I-264 ramp, warehouse / I-2 Industrial District West: . Retail / B-2 Community Business District NATURAL RESOURCE AND The majority of the site is impervious as it is developed with a structure CULTURAL FEATURES: and parking lot. There are no significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Witchduck Road is a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 130-foot right of way. Currently, this segment of roadway is functioning over-capacity at a LOS F. Two Capital Improvement Program projects are programmed in this area that directly impacts this parcel. Witchduck Road Phase II (CIP 2-025) will provide asix-lane divided roadway on a 131-foot right-of- wayfrom I-264 to Virginia Beach Blvd. Aesthetic improvements will also be provided to enhance this roadway corridor. This project is at 30 percent design plans and is scheduled for construction in Fall 2018. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study has developed short-term, mid- term, and long-term alternatives for transportation needs in the area. The City will use this study to develop feasible projects in the Central Business District that will provide a benefit to the traffic flow in the area. The subject property is currently within the boundaries of the study area. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Witchduck Road 51,107 ADT 14,800 ADT (Level of Existing Land Use - (Level of Service "C") 117 ADT 3 Service "F") 22,800 ADT' (Level of - Proposed Land Use Service "D") /Capacity 198 ADT 27,400 ADT ~ (Level of 3 Vehicles in Morning Peak Service "E") Hours 4 Vehicles in Afternoon Peak Hours Average Daily Trips s as defined by I-1 zoning 3 as defined b B-2 zonin WATER and SEWER: The site is connected to City water and City sanitary sewer. KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 8~ 21 Page 2 FIRE DEPARTMENT: No Fire Department comments at this time. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department prior to beginning operation. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers and conditions below. Comprehensive Plan: The Comprehensive Plan Map identifies this site as being within Strategic Growth Area 4 -Pembroke Area -Central Village District. This district of the Pembroke Strategic Growth Area is generally bound by I-264, Witchduck Road, Virginia Beach Boulevard and Kellam Road. The Pembroke SGA4 Implementation Plan states that "this district is envisioned as an eclectic, mid to low-rise commercial and Urban-residential area. This district will include live-work, loft, and rowhouse residential buildings as well as smaller scale mixed-use commercial buildings and a sports arena," (page 31). The proposed use is acceptable in this portion of SGA 4, as it will be many years before the economic and market conditions are right for redevelopment of this site consistent with the adopted plans for SGA 4. Evaluation: The change of zoning for this site from Industrial to Business is appropriate and brings the site into greater conformance with the recommendations of the Comprehensive Plan. The site's existing zoning was, in the past, appropriate to how the area around this site had been traditionally used; however, adopted plans now call for a different type of use. The requested Business District zoning, as well as the use of the site for a tattoo parlor, is a step toward the long-term transition of the Central Village District of SGA 4 from its current character to it's the desired end state. The proposed tattoo parlor will be located on the first floor of an existing two-story building. A dentist and a dance studio occupy the second floor. The tattoo studio is required to comply with all Health Department regulations before a business license can be obtained. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The existing building will not be used for a flea market, motor vehicle rental, commercial recreational facility KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 & 21 Page 3 or car wash facility. All uses permitted in B-2 Zoning Districts will be allowed, and conditional uses will require the usual City Council approval. PROFFER 2: Minor renovations to the exterior and interior of the building which do not materially alter the appearance of the building may be made. PROFFER 3: There will be no drive-thru on the property. PROFFER 4: Further conditions may be required by the Grantee to provide for administration of all applicable City Codes by all City agencies and departments to meet all City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they ensure the use of the property will not be intrusive to the surrounding area or be inconsistent with the goals of the Comprehensive Plan, as well as ensuring the building is not inappropriately altered. The City Attorney's Office has reviewed the proffer agreement dated September 21 2009, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The conditional use permit for tattoo and body piercing establishment is approved for a period of one year with an administrative review and renewal (if appropriate) every year thereafter. Tattooing may include the application of permanent makeup. 2. A business license shall only be issued to the applicant if the Health Department approves the facility for consistency with the provisions of Chapter 23 of the City Code. 3. No sign more than four square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including LED or neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and / or doors. Signage for the business shall be limited to the existing freestanding sign located on the site. 4. The actual tattooing or piercing operation on a customer shall not be visible from any public right-of- way adjacent to the establishment. 5. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 8~ 21 Page 4 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 & 21 Page 5 ``1 T.ti ~ > f f ~ t ;~ AERIAL OF SITE LOCATION FCARINPHILLIP, INC / PARR PROPERTIES, LIC. Agenda Item 20 & 21 Page 6 2I ry ~~ ~~ ~~ ~~5~ ~ ~ ~^~ a' ~ ~ pg ~ o g ~~ ~~~, t 11IIQ~ , ~ ~„ ~ ~$. w` ~ ~ ~ ~~ '' ~ ~ ~ ~~~ ~ ~a ~~~ ~ ~~ ~~~~ ~ w ~ ~ ~ 3~w ~ '. a~ ~< a ~~ ~~~ ~ ~ ~~ ~~~~~ h~i as ~~ff~ ~ ~ ~~ ~~ ~ ~ ~ ~~ ~~~~~ i < W ~ ~,$ q ~~ Y14~ ~~$~~ Y2 ~ R ~~ ~~ ~~~ O ~ N N ~ \~z h ~ O ~' pp ~4 s a < ~ ~N iz° ~~ e 4a SITE SURVEY KARINPHILLIP, INC / PARR PROPERTIES, tLC. Agenda Item 20 & 21 Page 7 O iC~ ' o zz ~ Q o~ ~~ ~ ~ ~ ~ "` Jxh a fl$~4 ~s C4io yy~~ h ~ tuz~ajZ O 4 ~~fx..<gC`t~+~ 44l~~W~G. t Q ~R~" 4 ~$3- Y Q 2 C7 M ~,,. ~, ~'' .. 1. EXTERIOR BUILDING PHOTOGRAPHS KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 & 21 Page 1 11/22/05 Conditional Use Permit tattoo arlor Denied 07/11/01 Conditional Use Permit (tattoo parlor) Withdrawn before PC 2 06/24/03 Street closure ortion of Denn Lane Granted 07/01/74 Street closure ortion of Denn Lane Granted 3 02/12/02 Conditional Use Permit communications tower Granted 4 04/10/01 Modification of Conditions Granted 12/06/94 Conditional Use Permit (storage & processing of salva e, scra or 'unk Granted 02/26/91 Conditional Use Permit rec clin center Granted 5 07/09/90 Conditional Use Permit car wash Granted 6 04/18/83 Conditional Use Permit bulk stora a Granted ZONING HISTORY I(ARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 8~ 21 Page 9 DISCLOSURE STATEMENT z 0 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) Karinphillip, Inc.: Marco Hyder, President, Secretary. Sole Shareholder and Trustee z 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Not Applicable ^ 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) Parr Properties, LLC: Scott Parr, President, Secretary, Sole Shareholder and Trustee 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Not Applicable ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 `See next page for footnotes Does an official or employee of the Ciry of Virginia Beach have an interest in the subject land? Yes ~ No ^/ If yes. what is the name of the official or employee and the nature of their interest? Conddwnal Rezoning Application Page 11 of 12 Revised 11!16!2006 V a. c.~ z 0 N 6 z 0 0 v KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 & 21 Page 10 z 0 a c5 z 0 NW CMG z 0 A z 0 U 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) Riddle Associates Wachovia Bank Joseph W. Hood, Jr., Attorney at law Coleman 8 Associates. CPA Alpha Tech Surveyors, Ltd. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship' means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close 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. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. /~~,~co ~1Yy~~ Applicant's ig ure Print Name i - Property Owner's ignature (if different than applicant) Print Name Conddional Rezoning Application Page 12 of 12 Revised 7/3/2007 KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 8~ 21 Page 11 DISCLOSURE STATEMENT O 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) Karenphillip, Inc.: Marco Hyder, President. Secretary, Sole Shareholder, and Trustee 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Not Applicable D 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) Parr Properties, LLC: Scott Parr, President, Secretary. Sole Stockholder and Trustee 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Not Applicable O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No xx If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permd Application Page 9 of t 0 Remised 7/3/2007 v I~~ ~~ ~~ W W cn O A O V KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 8~ 21 Page 12 ~-~ ~--y --~-~ a w z 0 A O V 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) Riddle Associates; Wachovia Bank; Joseph W. Hood, Jr., Attorney at Law; Coleman 8 Associates, CPA; and Alpha Tech Surveyors, Ltd. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person ' own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close 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. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. i~ Applicant's nature ~ ,. Property Owner's Signature (if different than applicant) ~,c'c~ .~yo% Print Name ;. ~:~~f.;. Print Name Condilwnal Use Permit Application Page 10 of 10 Revised 713!2007 KARINPHILLIP, INC / PARR PROPERTIES, LLC. Agenda Item 20 8~ 21 Page 13 Item #20 & 21 Karinphillip, Inc. Change of Zoning District Classification Conditional Use Permit 114 S. Witchduck Road District 2 Kempsville January 13, 2010 REGULAR Al Henley: The next item to be heard is item 20 & 21, Karinphillip, Inc. An application of Karinphillip, Inc. for a Change of Zoning District Classification from I-1 Light Industrial to Conditional B-2 Community Business District on property located at 114 South Witchduck Road. An application of Karinphillip, Inc. for a Conditional Use Permit for a tattoo parlor on property located at 114 South Witchduck Road, Kempsville District. Joe Hood: I'm Joe Hood. I'm a private attorney and I represent the applicants. As Mr. Henley said that pretty much says it all. They are applying for a rezoning from I-1 to B-2, which I believe the staff agrees fits better with the Comprehensive Plan than the current use. It looks better for the future. If there are any questions concerning the proximity to a school for the tattoo parlor, I believe Renaissance Academy is something over 1,000 feet away. And on the other side of Witchduck Road, anyone going there would virtually have to drive there. And they could easily drive to one of several other tattoo shops in the city. I hope that would not be a significant concern. To get a tattoo in Virginia Beach, you have to be over 18, have a photo ID, and sign a release to get the job done. The applicant is here, and I or he will be glad to field any questions that anyone has. Joseph Strange: Does anyone have any questions at this time? Henry Livas: I have a question. Is there anything particular significant about that location since it is, and you have already mentioned it, is close to the Renaissance Academy as opposed to further into Kempsville somewhere else? Joe Hood: Business wise, it's a pretty good location. It fits, well I think with all the surrounding, except for the Renaissance Academy, and that is a fairly significant distance away. And being across the street (Witchduck Road) like that no one is going walk there. They would have to fight Witchduck traffic and other concerns (interstate ramp). The applicant did a lot of searching for a satisfactory building and a satisfactory location to put it (tattoo studio). This was just about the only thing that he found that seem to meet the needs, and then would be compatible with the Comprehensive Plan. I hope that addresses your concern. Henry Livas: Well, I guess you are aware that you are six tenths of a mile from the one on Cleveland Street. There is a tattoo establishment there already. So, you're moving close to a competitor too. Item #20 & 21 Karinphillip, Inc. Page 2 Joe Hood: That is of a less concern. I think he (the other studio) is substantially closer to the Renaissance Academy. Henry Livas: About the same. Janice Anderson: Mr. Hood, does your applicant have other tattoos establishments in Virginia Beach? Joe Hood: No ma'am. Janice Anderson: No. This will be his first one? Joe Hood: Yes ma'am. David Redmond: I'm sorry. Joseph Strange: Go ahead. I'm sorry. David Redmond: So, does that mean this will be his first in Virginia Beach? Joe Hood: His first anywhere. David Redmond: This is the first time he is doing this kind of business? Joe Hood: He has done this kind of business as an employee of an established shop. David Redmond: Okay. Thank you. Joseph Strange: Would you sat this tattoo business, is this kind of a destination business? People, you know they drive there to get it done. Joe Hood: Yes sir. Joseph Strange: They don't ride by and see it and say, I want to get a tattoo. Joe Hood: We don't advertise it like this but this is an appointment only thing with this shop. They don't get walk-in traffic. Joseph Strange: I'm concerned at Henry's concerns. Henry Livas: Well, obviously from this morning, I think I gave my views that I'm against it because of the Renaissance Academy. I have nothing against your operation. You maybe a very good tattoo shop. Also, I want to mention that I've always voted for tattoo establishments in the past. So, I'm not anti-tattoo. Some of my friends even have them probably. I do have a little concern about pouring millions of dollazs into the Renaissance Academy, and I certainly Item #20 & 21 Karinphillip, Inc. Page 3 want that place, and I'm proud of my city for doing that, and I want it to succeed. I see this as a possibility of not enabling it to succeed, and also the city is concerned about this otherwise they wouldn't have put limitations in the regulations to begin with. So, it is a legitimate concern. I would say that we have a specialized condition here because of the new school, and because of the size of that school. And also, you mentioned that Strategic Growth Area 4. This proposal is really an interim proposal because you don't really meet the ultimate requirements of SGA 4. Joe Hood: Yes sir. I understand. Henry Livas: So, it's interim. So, for that and other reasons, I think it would be better if you could be located somewhere else. I also voted for the one on Newtown Road. There is one on Newtown Road. It hasn't been built yet but we approved it. So, in this particular case, I know 600 feet is a standard but in some cases we have to use our own judgment, and say in this case, we don't think it is a good go. Joe Hood: Well, I understand the 600 feet and your concern there. I think the actual distance is probably something in excess of 1,000 feet from Renaissance Academy. Because of the traffic pattern there, I think, and I don't know how to say that, but would be a factor that would communications from Renaissance Academy to this location even more difficult than the 1,000 feet would apply. Henry Livas: I would imagine that school buses go by there. So, it is just a concern and the City expressed it about putting in their regulations about 600 feet. It means they were concerned about having it near schools. They weren't even thinking about this brand new school, state of the art. That is my opinion. Joe Hood: Thank you sir. Joseph Strange: I guess I have a question. As to if you have to be 18 years old to get a tattoo, and most people in school are not 18. Joe Hood: Hopefully. Joseph Strange: Why would that be an important part of the ordinance? Can anybody answer that question? David Redmond: I can't but I will tell you as one that spends a fair amount of time at the Oceanfront, there are laws and there are laws. There are plenty of people who are not 18 who are getting tattoos. So, I don't know whether that is true or not. I'm not too wrapped up in that part just because anybody that knows teenagers knows they can find away to do just about anything. Joseph Strange: I have one question here. Do you know what the penalty is for putting a tattoo on somebody under 18? ~ Joe Hood: I do not but I will ask the applicant. Item #20 & 21 Karinphillip, Inc. Page 4 Marco Hyder: My name is Marco Hyder. I don't know what the penalty is specifically for doing a tattoo on someone under the age 18 but in the State of Virginia, the State of Virginia itself allows for anyone, I believe 15 or above to get a tattoo as long as the parent is consenting. But we specifically would not be doing that. None of the other shops in Virginia Beach allow anyone under 18 to get a tattoo. So, you have to have a state or federal issued ID to prove that you're 18 or otherwise you just won't be able to get one. Joe Hood: And that is a picture ID. Marco Hyder: Right. Bill Macali: Mr. Chair, it is a Class 2 Misdemeanor for the first offence, which means there is a six month jail sentence and a significant fine. A second offence results in a Class one Misdemeanor, which is 12 months in jail and a $2,500 fine, either or both. So you don't get a lot of that in Virginia Beach because it is a jailable offence. Christopher Felton: You said they need to be 18, and if they are at Renaissance Academy, you've got 45 years old there on open campus and etc. You've got all kind of ages going there because it is an alternative school, and it is four alternative schools put into one. So, you got a large range of students that are there, that are either getting their GED or they are there for discipline problems or whatever sorts. At the same time before you even stated it, being a high school teacher there are plenty of parents that are signing that consent for their child to get that tattoo. Joe Hood: I think that Mr. Hyder can assure you that he is not going to do anyone under 18 with or without parental permission. Marco Hyder: I work for a tattoo shop out here in Virginia Beach. We don't allow anybody even if your parents are there; and says they are willing to sign for you that they accept that you can do it, we still turn them away. We're not interested in the business. Christophe Felton: I just want to go back to a question that was asked earlier, and I'm not sure if the answer was clear for me at least. In you research for a location, why is this the perfect location for you? Marco Hyder: Well, forme, it boils down to the city's regulations themselves as to where we can open up a business. Those are pretty restrictive. And, this is one of the few locations that does fit those things. It is a good location just because of the traffic that is going to come through there. Obviously, it is right beside I-264, at the corner of I-264 and Witchduck. It is not the most visible location in the world. It could be better. I wish there was a better location that I could find personally, but I just can't just go anywhere on Virginia Beach Boulevard and open a tattoo establishment. The City doesn't permit it. Bill Macali: Mr. Chair, I can explain a little bit more there. They are only permitted in B-2, which limits it first of all. The other limitation that is most significant is they can't be within 600 Item #20 & 21 Karinphillip, Inc. Page 5 feet of a residential or apartment district or use. That really is a limitation as to where these things can go. So, there are a limited number of locations for these establishments. Joseph Strange: Is there anyone else. Ronald Ripley: Yes. Mr. Chairman, I've been riding by this site and seeing the sign out there. I was kind of hoping it would go away personally. It is one of those uses that you don't want to see, well at least I don't want to see it, we have some in the city, and they are at different locations throughout the city. I am kind of undecided about it coming in here. I think listening to Henry. I think he has made a profound point. And, I think even if it is a temporary use, I think, this area will redevelop overtime, and this building is not the highest and best use of the property for what's going on in there. It is a peculiar location in the fact that it is sandwiched between Witchduck and this road that winds around to the back of it. I am going to go with Henry. I think he is right. Joseph Strange: Thank you. Are there any other comments? Janice Anderson: I just have a comment. No question though. Joseph Strange: We're finished. Thank you very much. Joe Hood: Thank you. Janice Anderson: I understand Henry's position because of the Renaissance Academy. My problem is they are very restrictive where you can put these because of the 600 feet. It is hard to find any B-2 that is not 600 feet from a residential or 600 feet from a school. And actually, I don't like it by the Renaissance Academy but it meets our criteria, and is over 1,000 feet. As the gentleman has said, they can't walk here just because of the roads. It is surrounded by I-1 business. I don't think there really is a better place to try to put this. This size is limited. It is a small facility really when you're talking about it. It is just a bottom floor office of this smaller office building. I don't have a problem with it really, and looking at all the conditions, it won't have an LED sign that they could flash or tell you what is on special for your tattoos this week. I would support and agree with staff's recommendation. Henry Livas: Let me comment on that. If they are that difficult to find a location then I would want to know why they haven't developed the one on Newtown Road that we approved about a year ago. I went by there last night and I see no construction of a tattoo parlor there. I doubt if they are that difficult to find throughout the city. I find it difficult to put one next to a brand new school. That is what's difficult. Stephen White: We're going to have to do some research. We don't remember a tattoo parlor being approved on Newtown Road. Henry Livas: Kathy, you remember it. ST,orgt ~S6,4i~G4l~6+D TN~IS ~kN~i~lvµpT!•tIk'r ~fi7~E. ~A~.~L~~ "1"IAJ~ ~~R.~ 1S O-Jt-~f '~T~R ?fi~M~6rVt" 'MA1~-~11~-- ~.1p~[" -rA`CR'1b Item #20 & 21 Karinphillip, Inc. Page 6 Kathy Katsias: Newtown and Providence. Joseph Strange: Yes. David Redmond: Where? Kathy Katsias: Providence or Princess Anne. Henry Livas: Newtown Road. Kathy Katsias: It was a little strip center. Joseph Strange: Newtown and Princess Anne. Henry Livas: That's right. It is Newtown and Princess Anne. It's at that corner because Kathy commented about the parking there. And, I made my comment about it. Stephen White: Okay. Henry Livas: I don't think the sites are difficult to find. We only got one multi-million dollar school though with alternative education. I would make a motion that we deny the request. Ronald Ripley: Second. Joseph Strange: A motion has been made to deny the request and seconded by Ron Ripley. Is there any other discussion? AYE 8 NAY 3 ABS 0 ABSENT 0 ANDERSON NAY BERNAS AYE FELTON AYE HENLEY NAY HORSLEY AYE KAT5IAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO NAY STRANGE AYE Ed Weeden: By a vote of 8-3, the Board has denied the application of Karinphillips, Inc. Kathy Katsias: So, the application has been denied? Item #20 & 21 Karinphillip, Inc. Page 7 Joseph Strange: The application has been denied. Bill Macali: Recommended for denial. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Repty Refer To Our File No. DF-7585 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: March 31, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Karinphillip, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 13, 2010. I have reviewed the subject proffer agreement, dated September 21, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen ~/ COVENANTS, RESTRICTIONS AND CONDITIONS ;ARINPHILLIP, INC., a Virginia Corporation ARR PROPERTIES, LLC, a Virginia limited liability company ITY OF VIRGINIA BEACH COVENANTS, RESTRICTIONS AND CONDITIONS THIS AGREEMENT, made this 21St day of September, 2009, by and between Karinphillip, a Virginia Corporation, parry of the first part, Grantor; Parr Properties, LLC, a Virginia limited liability company, party of the second part, Grantor; and the CITY OF VIRGINIA BEACH, a corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property ~ in the City of Virginia Beach, Virginia, containing approximately .359 acres and is variously as 114 South Witchduck Road, Virginia Beach, Virginia, described in Exhibit A attached and incorporated herein by reference, and is hereinafter referred to as "the Property"; and WHEREAS, the party of the first part is a contract lessor of the Property, has initiated a itional amendment to the Zoning Map of the City of Virginia Beach by petition addressed to the Grantee in order to change the zoning classification of the Property from I1, Light Industrial District, to conditional B2, Community Business District; and WHEREAS, it is the policy of the Grantee to provide only for the orderly development of Jasera W. Hoop, J:., P.C. A7702tNEY3 AND COUNSELLOIIS A7 LAW 3330 PACIFIC AVHNUB SU17E 200 •12IGINIA EHACtl. VULGINIA 23fS1.29s3 reL>~eone vsn 3so•seoo PACSIMLH vsn 3+o-3-m land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors have acknowledged that the competing and sometimes incompatible uses conflict and that in order to permit deferring uses on and in the area of th~~ GPIN: 1467-83-043 8-0000 Page 1 of 5 and at the same time to recognize the effect of change and the need for various types of certain reasonable conditions governing the use of the Property for the protection of the that are not generally applicable to land similarly zoned are needed to cope with the ion to which the Grantor's rezoning application gives rise; and These conditions are in conformance with the comprehensive plan, and the conditions are of being readily and effectively enforced by the City of Virginia Beach. No changes to the appearance of the Property are contemplated with contract L,essor's use of the Property. WHEREAS, the Grantors have voluntarily proffered, in advance of and prior to the public before the Grantee as a part of the proposed amendment to the Zoning Map with respect to Property, the following reasonable conditions related to the physical operation and use of the to be adopted as a part of said amendment to the Zoning Map relative and applicable to the which a reasonable relation to the rezoning and the need for which is generated by the NOW THEREFORE, the Grantors, their successors, personal representatives, assigns, and other successors in title or interest, voluntarily and without any requirement by or ion from the Grantee or its governing body and without any element of compulsion or quid pro for zoning, rezoning, site plan, building permit, subdivision approval, hereby make the following of conditions and restrictions which shall restrict and govern, operation and use of the and hereby covenant and agree that this declaration shall constitute covenants running with JosePa W. Hoop, Js, P.C. wrroENErs wNn COUNSELLOR4 AT LAS 3330 PACIFIC AVENUE SUITE ]00 VI!<GINIA EEACH, VUtGIN1A :3+sI•zss3 781FPIIONE Crsn 3~o-ssoo PACSIMLE asn 3+03757 Property, which shall be binding upon the Property and upon all parties and persons claiming or through the Grantors, their successors, personal representatives, assigns, grantees, and other 1467-83-0438-0000 Page 2 of 5 successors in interest and title. 1. The existin~~ buildin~~ will not be used i-or a ilea n~arlat, motor vehicle rental, commercial recreation facility, or car ~-vash facility. All uses permitted in B-2 Zoning Districts will be allowed. and conditional uses ~-vill require the usual City Council approval. ?. Minor renovations to the exteriorand interiorofthe building which clu not nuiteri~ill~ alt, ~ the appearance of the building may be made. ~. •hhere will be no drive-thru on the property. ~. Further conditions may be required by the Grantee to provide for administration ot~all applicable City Codes by all City agencies and departments to meet all City Code requirements. All 1'elerenceS hel•elllabOVe t0 the I1LOnlilg dlstl'1Ct alld ~~ "LOnlll~ d1Sti•ICt I'elll' to thl comprehensive zoning ordinance and subdivision ordinance ofthe City of Vir~~inia Beach. Vir~~ini~ in lorcc as of the date o approval of this A~~reement by City Council which are b~~ this relercnc~ incorporated herein. The above conditions, having been proffered by the Grantors and allowed accepter! h~ ~h~ aQU W. Hoop, Jw, P.C. A770IIiHY3 AND COUNSPLLOt4 A7 LAS 9390 PA(7PIC AYBIVUH SU17H 700 IiGINIA ElAgl, VRGINIA 7351.7%3 Tffi.OPHONE c797) 9~o•seoo PAGSIIIQI.H (797) 94037!7 Grantee as part o1-the amendment to the Zoning Ordinance, shall continue in full Force and cl~lrct until a subsequent amendment changes the zoning of the Property and specitic,~lly repeals such cOndlhonS. SliCh COndIhOnS Shall CO11Unlle deSplle a SUbSequent amendment to the L.omn~! Ordinance even if the subsequent amendment is parr of a comprehensive implementation ofa nc~~ Gl'lN: 1 X467-b3-043f1-0000 Pale 3 of substantially revised Zoning Ordinance until specifically repealed. The conditions, however may repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit of the City of Virginia Beach, Virginia, and executed by the re;cord owner of the Property at time of the recordation of such instrument, provided that said instrument is consented to by the in writing as evidenced by a certified copy of an ordinance or resolution adopted by the body of the Grantee, after a public hearing before the Grantor which was advertised to the provisions of Section 15.2-2205 of the Code of Virginia, 1950, as amended. Said or resolution shall be recorded along with said instrument as conclusive evidence of such and if not so recorded said instrument shall not be valid. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Virginia shall be vested with all necessary authority on behalf of the governing body of the of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions the authority to (A) order, in writing, that any noncompliance with such conditions be and (B) to bring legal action or suit to ensure compliance with such conditions, including or prohibitory injunctions, abatement, damages, or other appropriate action, suit, or (2) the failure to meet all conditions and restrictions shall constitute cause to deny the JasEPe W. Hoop, J^., P.C. wrrorNErs sNn COUNBELLOAB A7 LAS 3330 PACIFIC AVENUE SUITE ]00 VI)tGINIA EEACtl, VIIGINIA ~3+sI-r~s3 Tm.ePaoNE (747) 3f0-SeOo PACBI~m c Cri7) 3*0-3787 ssuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved any decision of the Zoning Administrator, made pursuant to these provisions, the Grantee shall tion the governing body for the review thereof prior to instituting proceedings in court; and (4) Zoning Map shall show by an appropriate symbol on the map the existence of conditions attached the zoning of the Property, and the ordinances and the conditions maybe made readily available PIN: 1467-83-0438-0000 Page 4 of 5 and assessable for public inspection in the office of the Zoning Administrator and the Planning Department, and then shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PARR PROPERTIES, LLC ~ f By: -•~ Scott Parr, Manager ~`•~ KARENPHILLIP, INC. B "~r~~i~ / ` 7 Y• Marco Hyder, P sident OMMONWEALTH OF VIRGINIA ITY OF VIRGINIA BEACH, to wit: _~ ~ Acknowledged before me this ~ day of~'~ ~ , 2009, by Scott Parr. ~ ~ + ~ f Notary Public y Commission Expires: / otary Registration No.: COMMONWEALTH OF VIRGINIA ITY OF VIRGINIA BEACH, to wit: Acknowledged before me this ~ `' day of , 2009, by Marco Hyder. Notary Public JosEPH W. Hoop, JR., P.C. ATTORNEYS AND COUNSELLORS A[ LAW 3330 PACIFIC AVHNU@ SUITE 200 VIRGINIA REACH, VHtGIN1A a3*sI-sns3 ~n.~aoNE vsn Soo-ssoo PACSIIHLH pan 3~W-37S7 Commission Expires: ~ 3D I f pry Registration No.: ~ f 3 3l 00\Farinphillip,lnc\Revised Proffer2.wpd1 ~~1 ~ 19~ :1467-83-0438-0000 Page 5 of 5 Legal Description of 114 S. G~itchduck Road 3 SCHEDULE A PARCEL ONE: All that certain tract, piece or parcel of land, with. the buildings and improvements thereon situate, lying and being in the KempsviIle Borough of the City of Virginia Beach, Virginia, and being designated as "4.359 Ac.", as shown on that certain plat entitled, `Flat of Property Bounded by Mac Street, South Witchduck Road & Virginia Beach-1,,Tvrfalk Expressway, Kempsville Borough, 'Virginia Beach, Vugin~ia", Scale 1' ==50' ; dated June 12, 1972, Prepared by .Baldwin. and Gregg, Engineers-Surveyors-Planners, a copy of which plat is recarde~l in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1287, at page 349, and which property is maze particularly described with reference to said plat as follows: BEGIl!~1N1NG at Virginia Department of Highways monument ("V.D.H'. MON"'} at the northeastern intersection of the Limited Access Line of the Virginia Beach-Norfolk Expressway and South Witchduck Road thence along the eastern. line of South Witchduck Road N. 16° 22' S4" E. 19l .41' to a V.D.H. MON.; thence S. 73 ° 42' 37" E., 3 8.14' to a V.D.H. MON in the western line of Mac Street as shown on the said plat; thence along the western line of the right of way of Mac Street , S. 41 ° 53' 03" B., 172.47' to a point; thence continuing along the western line of the right of way of M'ac Street, S. 04° {12' 42" E., 77.48' to a V.D.H. MON. in the northern Limited Access Line of the said Expressway, thence running along the said northern Limited Access Line of said Expressway, N. 52° 57' 40' W., 127.34' to the paint of beginning. The said pazcel contains 4.359 acres. PARCEL TWO: AN EASEMENT ten (14} feet in width, along, over, across and under those certain strips of land, the center Line of which shall be in the approximate location of sa much of Line "A" as shall be located an the Peregoff Property, as shown and described on Exhibit "A" whlCh 1S enti:tled "Proposed Sanitary Sewerage Facilities for Arthur Peregoff', Agent, et als, "dated January, 1973, which is attached to the Sewer Line Easement and Agreement between Arthur' Peregoff, et als, Lawrence A, Sancilio, Trustee, and the City of Virginia Beach, Virginia, dated lVlarch 24, 1973, and duly recorded in the Clerk's t}r~xce of the aforesaid Court in Deed Book 1346, at page 449. KNOWN AS: 114 S. Witchduck Rd. flip ~I-Ci T~Illl ~~T~~~E'1' ~IOn~ RT ', ~T i ,~,,,,,,.. ,i ~ ~ ~~ r l y ~~~ 1 1` ; ~ i :~ 1y , .1 l 't s t, 1 z - ~ 1 it ; t 7.. E, - i. ~ ,t, ~' 'F~~T3 yam""-- ,~-~ , . RT3 'R~'3~ ~~ `~-~~~ ,--~ -~~ ', ~---w ~ A ~ ' rte" ', ~ ~- ~ r RT.3 t ~~ ~ ~ 1 1 ,~~ ' f~, ~ ~ ' , ~ ~~~ ~, ti, 1 , ~~ lt~:;~~ l~ - ~ 4 , ~, `l `i= a" ~~ ~ ~ `~ 1 ~ 'r ~. -,~ , . Mahe Ho~}r R5~ CUP for 5tnatt Engine Repair EsfabJishrr~~nt i ,{F `~b • ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TAMI WALKER MOOK, Conditional Use Permit, small engine repair, 501 Virginia Beach Boulevard. BEACH DISTRICT. MEETING DATE: April 13, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow small engine repair in conjunction with her existing motorcycle apparel business. The applicant has been in business selling motorcycle apparel since June 2006. The applicant began operation of the service department in December 2006 but was unaware of the requirement for a Conditional Use Permit for the repair business. This item was deferred by the City Council on February 23 and March 23, 2010. ^ Considerations: The service department includes standard servicing and repair of motorcycles, as well as customizing. Painting and powder coating are not done on the premises; those are sub-contracted out and done in other locations. The businesses are located in an older retail strip that houses one additional business. There is sufficient parking for both businesses in front and along one side of the building. The retail portion is approximately 1,548 square feet. The service department is approximately 1,500 square feet. There is approximately 800 square feet of storage used for both businesses. There was opposition to the request. ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The hours of operation for the retail and service department are Monday, Tuesday, Thursday and Friday from 10:00 a.m. until 6:00 p.m., and on Saturdays from 10:00 a.m. until 5:00 p.m. 2. There shall be no outside repair of engines and motorcycles on the site. Tami Walker Mook Page 2 of 3 3. There shall be no outside storage of equipment, engines, tools, fuel, or motorcycles on the site. 4. Engine repair work is to be done with the doors and windows closed. 5. The applicant shall provide additional sound insulation along the walls and the ceiling of the area where the engines are in use to muffle the sounds of engine motors. 6. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. 7. This use shall be administratively reviewed in one year to insure compliance with these conditions. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: k ~ ~ ~~an ~~-~ Map Not fc Scale Tami VV'alker 1Vlook y, ~ _, ~s ~ ~ ~ ~, ~~~ ~ __.. ~~ ~t ~.~ ~ 1 _- ~~ ~~ 1_ ~ `~ ~Q \ l t ~r '~'~~ ~ z ~~~ ~ ~ a` ~°~. .-'~~ y ~ ~` ~ to ~ ~ j.. ~ ~' l ~ t~~ ~ '~--,' - , ~ it1 t.r-s ~ 3 R ~ - ~ a ~\ ~-~.~ ;-- ~ ~. 5rN ~ ~ ~;.~ \~ ~~;n~,v~ ~e~-~'°ea L~~°;~r°~>'G'°°~~~' CUP for Small Engine Repair Establishment 10 January 13, 2010 Public Hearing APPLICANT: TAMI WALKER MOOK PROPERTY OWNER: FRIENDS SCHOOL, INC. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (small engine repair establishment) ADDRESS /DESCRIPTION: 501 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270636540000 BEACH 27,714 square feet 65 d6 DNL - 70 d6 DNL LEASE SPACE: Sub-Area 1 Retail: 1,548 SF Service: 1,514 SF Storage: 800 SF SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow small engine repair in conjunction with her existing motorcycle apparel business. The applicant has been in business selling motorcycle apparel since June 2006. The applicant began operation of the service department in December 2006 but was unaware of the requirement for a Conditional Use Permit for the repair business. The service department includes standard servicing and repairs of motorcycles as well as customizing. Painting and powder coating are not done on the premises but are sub-contracted out. The hours of operation for the retail and service department are Monday, Tuesday, Thursday and Friday from 10:00 a.m. until 6:00 p.m., and on Saturdays from 10:00 a.m. until 5:00 p.m. Both the apparel and the repair businesses are closed on Wednesdays and Sundays. The businesses are located in an older retail strip that houses one additional business. There is sufficient parking for both businesses in front and along one side of the building. The retail portion is approximately 1,548 square feet. The service department is approximately 1,500 square feet.. There is approximately 800 square feet of storage used for both businesses. TAMI WALKER MOOK Agenda Item 10 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Retail commercial and motorcycle repair and service SURROUNDING LAND North: . Car wash / RT-3 Resort Tourist District USE AND ZONING: South: Residential dwellings / A-12 Apartment District East: • Across Baltic Avenue, a retail shop / RT-3 Resort Tourist District West: Car repair service / RT-3 Resort Tourist District NATURAL RESOURCE AND The majority of the site is impervious as it is developed with a structure CULTURAL FEATURES: and parking lot. There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN i;MTP1 /CAPITAL IMPROVEMENT PROGRAM (CIPI: This site is located at the intersection of Virginia Beach Boulevard and Baltic Avenue, with access on Virginia Beach Virginia Beach Boulevard is a four-lane minor urban arterial roadway with an 80-foot wide right-of- Boulevard . way. Baltic Avenue is a two-lane minor urban arterial with a 60-foot wide right-of-way. No CIP projects are currently programmed for either of these streets. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Virginia Beach Blvd 11,900 ADT 14,800 ADT (Level of " " Existing Land Use - 050 ADT 1 (2008) C ) Service , 3 22,800 ADT' (Level of - Proposed Land Use Service "D") Capacity 80 ADT (9 Peak Hour) 27,400 ADT' (Level of Service "E" Baltic Avenue 2,700 ADT 7,300 ADT (Level of (2006) Service "C") 10,700 ADT' (Level of Service "D") Capacity 13,100 ADT ' (Level of Service "E" Average Daily Trips 31,500 SF s ecial retail ' 0.64 acres of RT-3 zoning and 1,500 SF automobile care center WATER and SEWER: This site is connected to City water and City sanitary sewer. TAMI WALKER MOOK Agenda Item 10 Page 2 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: Staff finds this request for small engine repair to be in conformance with the Comprehensive Plan providing all work is preformed within the repair facility; however, there is still some concern about the engine noise that may occur. The increased noise level may come from patrons leaving the shop who find it more convenient to turn on to the residential section of 16th Street or it may come from the repair facility itself if doors or windows are left open and insulation is not sufficient to muffle the sounds. Though the City cannot monitor each patron leaving the facility, the owners of the small engine repair should encourage their patrons to exit by way of Virginia Beach Blvd to avoid any conflict. The applicant should also insulate the area where the engines are tested to muffle any loud engine sounds. CONDITIONS 1. The hours of operation for the retail and service department are Monday Tuesday. Thursday and Friday from 1000 a m until 6'00 a m and on Saturdays from 10:00 a.m. until 5:00 a.m. 2. There shall be no outside repair of engines and motorcycles on the site. 3. There shall be no outside storage of equipment, engines, tools, fuel, or motorcycles on the site. 4. Engine repair work is to be done with the doors and windows closed. 5. The applicant shall provide additional sound insulation inside the area where the engines are in use to muffle the sounds of the `retying' of engine motors. 6. A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. 7. This use shall be administratively reviewed in one year to insure compliance with these conditions. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permif are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. TAMI WALKER MOOK Agenda Item 10 Page 3 .. i' ~_ !s ~_ R, A {'r ~.: ~~ '~~ 1. ~~'~; Z /~ F ~.~ ~r r ~ ~ ~ ~ ~' ~""., `: '~, t'- t~~, .. v ' - ~ AERIAL OF SITE LOCATION TAMI WALKER MOOK Agenda Item 10 Page. 4 k <., f .. F. F..~ I aj i F E _ ~ .•rr ~ A"fi x~x I .t;.'S' ' ~ ~. U'r art' :~ ~ 4~ U.~ -i5t ~( ~ ? ,~ r~ F,` 4 T > !ai_` ~ ~8 5 P n.: - ~~ ... ~. ~ <. 7. ,f sca: , ~ ,v. ?bS ~d-~c3~It i .a~v ..I n <~ , r.-.3 t ~a"fit, .P,aT7 ~ .~>'! ' ~, r it,~ :: ~,t ~ F IF I .. .. .-. ~.~ <.k. ~ ~` ~ ~ ~ :1 e~ ~ _ ( ~ ~~R .. LGYT-2 ~ ~ "L~DT-~4 ~ '~"j''"-~` Lt?T-B , _ G(JT-B BLK. -2d ~ ~~ BLK. -2B ~ BtK,-2S ~ +*' ; ,~~9LK.-l~6' ' : °~ •4 ~~ ~- ~ ~ ~ ~ "~°~ ~ I L®catian of repair facility R ,, ~.d ,~ ~, - -- [yy A 6 d~~+e Pc ~ , - - h ' al l ~ ~ ~ >...~--~. h~ ~_ita ~` ~ F' '~ :~ ~ ~+ o v t ~ n ; t u _ ~- fl f_~st:E Ex. r~ai, E.:-_a_ _. ~ 61.EV.- la,38' ~~i ~' ., ~ .~ e_ ~., ~ ~ ~a .. ~ . T ... ~... .#,~ ~ t*, i~ ~. F :. ~ ~ i V :'v ~. ~ ~~ i" ,1 Y . ' 1 ,Te~~ ~~: 1. ;+-- 1,,~..,....-..--. __~~' __ _ ~ ,,r .~ ., .~ _ _,~ ti ~~~., - __ "~//A`~1/11~7.~ _ IF3L~tCC~l BC~Cl~L~'t+''ARL~ ,_ ~.~ _~> ~~ ~_ . ,. _._ e_ e ~.,~m~~. _~ _______- __v __ .. .~._ ~,...- .. l I_ .,'-. SITE LOCATION TAMI WALKER MOOK figenda Item 1 D Page 5 EXTERIOR PHOTOGRAPHS TAMI WALKER MOOK Agenda Item 10 Page 6 INTERIOR PHOTOGRAPH TAMI WALKER MOOK Agenda Item 10 Page 7 1 08/08/06 Non-conformin Granted 2 07/22/02. Conditional Rezonin A-12 to RT-3 Withdrawn before PC 3 03/10/98 Street Closure Granted ZONING HISTORY TAMI WALKER MOOK Agenda Item 10 Page 8 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) jam; l,~I~Ck~k. Q„per 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) w/~ r~ ^ 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. /b/elow: (Attach li~slt if necessary) C~w~,.d ~ • No~~ ihr,er , f/p~~ .F S,• ~,•, l 2. List all businesses that ave aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ~.~/~ ^ Check here if the property owner is NOT a corporation. partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 ~--~ ~--•~ R~ ~--•~ W W cn ~'~- O O V TAMI WALKER MOOK Agenda Item 10 Page 9 0 r•-a w Q~ w V~ ~..~~ ~•i A O V 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 neceessary) 1~ ' "Parent-subsidiary relationship" means "a relationship that a xists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application ~~.~~ Applica - Print Name ,. r ig lure (if differe t an pplicant) Print Name ~/ Condhronal Use Permit Applicatwn Pape 10 of t0 Revised 7!3/2007 TAMI WALKER MOOK Agenda Item 10 Page 10 Item #10 Tami Walker Mook Conditional Use Permit 501 Virginia Beach Boulevard District 6 Beach January 13, 2010 REGULAR Al Henley: The next item to be heard is agenda item 10, Tami Walker Mook. An application of Tami Walker Mook for a Conditional Use Permit for a small engine repair on property located 501 Virginia Beach Boulevard. Tami Mook: Hi, my name is Tami Walker Mook. I am the owner of Diva Customs located at 501 Virginia Beach Boulevard. Even though Diva Customs has been an operating shop for 3%2 years, as a retail and service department for motorcycles there has been a bit confusion on the service department end of it. Actually, believe it or not my accountant brought it to my attention that my business license did not have the term service on it. It was only retail. As I was here in this building getting some personal DMV work done, I decided to stop by the business office license just to make sure everything was cleared up, and they were pleased to put service department on my business license. That kind of opened up the door of how you've had a service department for 3 %Z years and we didn't know about it. So I actually, through all of this, did go back through some paperwork because when I applied for a business license I did mention that I was going to have a service department there. I'm not sure if you remember the building at 501 Virginia Beach Boulevard but it used to be Things Unlimited. It was a pretty rough building. It took a long time to kind of clean it up. It took two months just to get the front end of the place cleaned, and it took about six months to get the back opened up and running the service department. Being a woman, I have a whole new appreciation for men and their tools because I thought that my $5,000 limit on tools would actually fill a service department, and was greatly wrong. That barely pays for the box to hold them in. It took a while to actually afford to establish the service department. But I did go back. I originally got my business license for retail in March 2006, and I did go back in November 2006 to apply for the service department business license. I do have copies. I didn't know there were so many members so I didn't make a whole bunch of copies but I do have copies of the business license. I have copies of what my shop looks like. I'm often referred to as the Biker Boutique because it is a very, very pretty motorcycle shop. It is very misleading. People don't think that when they see the front of the shop that we actually work on motorcycles as it is a very pretty shop. I've brought some copies. And, I also know there have been a couple of complaints of noise and issues concerning my shop. I know that a neighbor has sent in a couple of emails. What I have done, and one of the things that was brought up to me that I rev up motorcycles up until midnight, and driving illegal motorcycles in front of their home. First, I want to address the issue about illegal motorcycles. My husband is a police officer and has been a police officer for 10 years. We would never risk his job or the shop trying to ride an illegal motorcycle. In fact you have to be pretty good and pretty sharp to even spot what is illegal on a motorcycle as it flies past your house, and the issue about retying motorcycles up until midnight. My hours are unti16:00 p.m. during the week and 5:00 p.m. on Item #10 Tami Walker Mook Page 2 Saturdays. I do not have any employees there until midnight. And, I would love to know if somebody was at my shop retying up their motors. In my defense, I have brought copies of my security log, which shows and I've actually highlighted them in red that I do close at 5 or 6 o'clock every day. There is nobody there. If they had to come into my shop to work on a bike it would show up on the security documents. I'll pass this to you. And, also on my behalf is I am concerned that people might have an issue with the sound. I have been there for 3'h years. I've have no one ever come into my shop. No one every send me an email. No one ever called me saying they were complaining about any noise. I have also included my own petition with surrounding businesses and residents. I have a couple of emails attached also. This one particular petition is very important. This is the group that is connected to our building. It is the Virginia Beach Recovery Center. They are there in the evenings when I'm not there. If I am bothering anybody up until midnight these are the people that would know about it, and they have signed on my behalf. I also have a letter that this is the woman who lives the closest to our building. You literally can reach your hand out and touch her apartment that she leases. This is a letter stating that she has lived there for 4 years and has had no complaints about the noise coming from the shop. That's it. Joseph Strange: Okay. Thank you. Does anyone have any questions? Okay, if you stand by we have one person in opposition. Al Henley: We have one speaker and it would be a Kevin Payne Kevin Pyne: Pyne. Al Henley: Pyne. Kevin Pyne: Good afternoon. Ed Weeden: State your name for the record please. Kevin Pyne: Yeah. Pardon me. Kevin Pyne, 503 16th Street, directly behind Diva Customs or almost direct behind. I'm also speaking on behalf of at least 7 other families who live right around, within 300 feet, and that is notarized and sworn too. First of all just to comment on the midnight thing. Nobody around there ever mentioned midnight. Both Kurt and I, Kurt lives at 507 16th Street, just two doors down. He and his wife mentioned, and as a matter of fact, this is how this started. Donald Horsley: Just pull it right off. The little black thing and point it over there. Kevin Pyne: Okay. Kurt is right there. The 4th one in, and I'm the second one in. Susan is the first one in but any way. We did hear them carry on unti19:00 p.m. one time. But before I even get to that, when we moved in 10 years, the neighborhood was pretty rough. It has improved significantly. As a matter of fact, everybody that is on that list are all professionals, who are attorneys, nurses, teachers, CPAs, business owners, such as Kurt. You must have read his thing. He is a defense contractor, a Naval Commander, and so on, and so forth. We're all professional Item #10 Tami Walker Mook Page 3 people. Our property values have tripled, land value, even my existing house. I got an increase. It appreciated rather than depreciated. Of course our taxes went up likewise but who cares. We realize our values have gone up. The houses that were put up next to me at 505 and 507, and I don't know if you want me to keep going back to there. Right there at 505 and 507 (pointing to PowerPoint). Those units sell for over $700,000. Kurt, in 507 bought the whole thing for a million, and as an investment property. Okay? The whole area was kind of noisy. We had a lot of noise and it wasn't just jets. We had noise from the car wash across the way here with the car stereos, and that would go on all night long. Even the school that who had outdoor HVAC unit was approved by the Council 10 years ago. That had problems in the school system. The engineers admitted it and have been working on it and so forth. But nonetheless, all of these things, the drunks, the drug users and there used to be people that used to fight in the street all night long, basketball games on the school, Cooke School, which is over here that went on all night long. All that sort of saying with the help of the city codes, and the laws, the neighbor had gradually improved. So, we have this pretty fairly nice neighborhood. People moving in who took care of their houses. I don't know if you can see them. Right there. Susan, she is a real estate agent. She wants a million and half. Her property is also on the historical register. The first house in Virginia Beach, and I'm right there. These, we hope to get at least $600,000. These are all well care for houses with nice gardens and things like that. We got a nice neighborhood. We got neighbors that talk to each other, and no one of us began all this. We thought we were up the creek when they moved in, Diva Customs. We thought it was going to be bad. It was zoned for light commercial, as I was told, which are stores and things like that. Okay. No big deal. We didn't know it was going to be motorcycle repair. And of course we didn't say anything again that motorcycle repair didn't start some months afterwards. Once it started, it was extremely loud. These things were big. We're you at the holiday parade at all? The motorcycles? Was anybody there? Janice Anderson: Too cold. Kevin Pyne: Okay. These are loud. The smallest one that I've ever seen there was probably around 650 to 700 something CCs. If you know anything about motorcycles or the big Harleys, the 1200, the 1300s and up, which rumble your house, bringing the increasing motorcycle traffic in general in the back area, nobody back there, going all the way back to 10`h Street, which is way up there, there is only one person that lives there, and it somewhere around 12`h or 13`h that has a motorcycle. But we had a lot more motorcycle traffic back there, day and night. Test riding? Being tested, whether it was them during repair or people getting on their bikes, and ride down and ride back, so it was pretty sure it was test riding, and the noise? It started to get bad but then it got worse when they got this new machinery. A dynamiter, which they have to rev up the bike as loud as it will go, and then it winds down. Then it goes up again and then it goes down again. I heard one particular bike. It had to be the same because you tell by the sound of the engine, it took all afternoon. It kept going up and down, and they were working on my computer, and you could hear it in my house. Okay? Now granted noise you can hear jets in my house. Sure. Even the navy did something to improve that. Okay? I spoke to someone personally at the Pentagon to see that it got done. Like I said, we dealt with the all the noise issues in the neighborhood. When you can hear it in your house constantly, it gets a little after a while. It is not like that parade once in a while or the concert venue at the Beach once in a while Item # 10 Tami Walker Mook Page 4 during the summer. It was like constant. It is every day. My wife was a corporate attorney who works out of the home also. When she is not at home, she is at work at home. She is going nuts with what is going on. I can't stand this. I can't stand this. She can't work, like wise with myself. But anyway, we were concerned primarily with our property values. I would not have bought had they been there. Not at all, and neither my wife or myself. I know Kurt wouldn't have, and he put big money into that two unit condo there as an investment. Okay? There were people on the street that really didn't care. I talked to the girl. She talked to her right behind her the renter. She told me she wanted to sign it but she says I really can't. I went over there. I like them. My four brothers are bikers. So, that was that. Iran into a couple of other people that didn't care either. Iran into one person who completed blew me off by saying you're probably one of those people who don't like jet noise. W hat are you going to do? So, that's not the case. This is cruel and unusual, and without some sort of, and the building is not designed for it. I seriously doubt it has OSHA or EPA approval but sound blocks for these things. It is not designed for it. These are not little engines. These are very loud engines. In my email, I said and my mechanic is right down the street at the gas station, the Exxon-Mobil there. Even over there it is not that loud. You know? Bikes are much louder than the cars. I've heard them on the freeways and whatever. Please take this into account. It is not just me. It is not just my wife. It is those people that have signed. I only went to 11 houses. That is hitting 80 percent. It is also and I pulled this off their website. Just to give you an idea of the size. These are good size bikes. Okay. These things are not quiet. It is not just repair. It is manufacturing. Joseph Strange: Can you kind of wrap of things? Your time is up. Kevin Pyne: Okay. Thank you. I think I've got everything. Joseph Strange: Alright. Are there any questions? Ronald Ripley: Oh by the way, your house looks great. The houses that were built down the street, we looked at them the other day. It is very impressed. Good example of what should occur throughout the neighborhood, quite frankly. Good job. My question is and you may have said it during your discussion there. Maybe you missed it. The service has been operating for a little bit of time now, have you been over there to talk to them about say, what can we do to kind of mitigate this so you can live there and they can reside there, and maybe you guys can get along? Tell me about that. Kevin Pyne: I went over there twice. I don't know if anyone else went over there. I went twice and both times I was completely ignored. She just looked at me like, get out of here you know. didn't get a response. As far as the other people, I don't know if anybody went or not. Ronald Ripley: Do you see any medium ground though if there was something that could be worked out that you would be happy with? Kevin Pyne: Speaking for myself, if they stay there, there has to be some sound proofing and speaking on behalf of some of the people there, we don't want the bikes in the neighborhood. f Okay? We don't want them to be test ridden. I would say most of the people agree with that. Item #10 Tami Walker Mook Page 5 As far as listening to it in my house, I don't want to hear it. Okay? And actually, my house is pretty soundly built too but I am pretty much right behind them. And, it is really awful. I have a nice garden in the back that I like to work in. I really can't. I mean, God, this is constant. You know, it's not like the lawnmower once in a while. Joseph Strange: We have another question for you. Jan? Janice Anderson: Yes Mr. Pyne. One of the conditions is they provide additional sound installation in that area to try and cut down on that, so that would be one of the requirements. The second thing is that the conditions didn't have any time limitation. She did mention what her hours were but we're going to add another condition that would limit the hours so you wouldn't have anything past like 6:00 p.m. where you would hear any kind of sound from there. Kevin Pyne: Right. But you also got Saturdays. Again, I'm not speaking for myself. I'm giving you everybody's concerns here. There are some adamantly against it because of property value issues. Okay? Kurt called. He is a little bit more passionate even. There are some people that are concerned about that so I can't say these conditions will meet our conditions. Some may meet my conditions and that is the sound proofing sort of situation, and riding the bikes on the back streets. I would be willing to give it a go if that was the case. Alright? Even though I still really don't care to see all the bikes around there, I'm afraid that someone is going to do like I would do and say I don't want to buy this place, not with that there. Alright? Not in this price range. We are looking for people that are going to buy our property are going to have to be like us, somebody like you, you, professional people. Right? Janice Anderson: Thank you very much. Kevin Pyne: Thank you. Joseph Strange: Are there any other questions? I have one question. Have you ever called the police or anybody and complained about the noise? Kevin Pyne: We talked. I'm on the Second Precinct CAC. We talked with Barbara Clark, Captain Zucaro. We discussed it but we figured from the time they moved in, there was nothing we could do about anything. The noise is not really a noise issue because they are bound by the other existing, and it wouldn't be considered unreasonable. Unless, I mean, there is an unreasonable noise section 8(6) or 8(2). I forget. Their definition before they can do something they have to have a solid definition. It just doesn't work that way. Joseph Strange: Alright. Thank you very much. Kevin Pyne: Okay. As far as those signatures, do you need that? I'm not sure I have a copy. Janice Anderson: Mr. Ripley, it might have ended up with him. Do you have the petition? Right there. Item # 10 Tami Walker Mook Page 6 Ronald Ripley: City attorney. Janice Anderson: Mr. Macali's got it. Bill Macali: These we need. Kevin Pyne: But we have all the signatures. May I have a copy? Joseph Strange: We have one other speaker in support. Bill Macali: Take them over to Mr. White. Al Henley: We have another speaker in support Mr. Edward Hollinger. Edward Hollinger: Mr. Chairman and members of the Commission, good afternoon. My name is Edward Hollinger. I'm the Head of Friends School, Inc. We are the owner of this particular property. I reside at 505 Southside Road, here in Virginia Beach. The location of our office is at 1537 Laskin Road, here in Virginia Beach. I wish to speak in favor of granting the Conditional Use Permit for this operation. I'm here to testify too this afternoon that the applicant has been a responsible tenant for the 3'h years she has occupied this building. I believe the operation is in keeping with the essential character along Virginia Beach Boulevard, and the use serves well the needs of this community. The applicant in the years of occupying this building has done much to improve the building both to the interior and the exterior. I'm confident that the continued use of this operation at this site would not be detrimental to the character of the neighborhood. Further, I'm confident that the applicant will be an excellent neighbor, an excellent tenant, and doing whatever is necessary to maintain the integrity of the structure, and to address whatever noise issues that you would need necessary. And that would continue to the quality of the neighborhood. So, I urge your approval of the Conditional Use Permit in this case. Thank you for your time and the opportunity to speak to you this afternoon. Thank you. Tami Mook: Tami Walker Mook again. I would just like to address a couple of issues with the sound. First of all just to clarify anything, this is actually the first time that I even laid eyes on Mr. Pyne. He has never come into my shop and addressed me about the issues he's had. The piece of machinery that he is talking about is a dynamiter. We use it for diagnostics on motorcycles. I call it a treadmill basically for a motorcycle. We barely use it two or three times a week. We do not even use it every single day. It is an enclosed room surrounded with sound proof insulation inside. It has an air vent inside that when the dynamiter is running we turn them on to help with the exhaust fumes. Since I have taken over the building, the back believe it or not was in worse shape than the front. We actually installed insulation. We put new sheetrock up. We removed all the windows and installed unbreakable glass and insulated windows so we have done very much to try insulate and take care of the sound. But, we are a very welcoming shop. We have people come in all the time. We would not be able to operate if we constantly have a motorcycle running in the back. It is absolutely untrue that for the 8 or 9 hours that we are there that we are having motorcycles being revved up and run. First of all, we have a great exhaust system but it is not that great. We could not just keep a motorcycle running for 8 hours, Item #10 Tami Walker Mook Page 7 plus the only thing that separates our service department from the front part of our shop are two glass plain doors, French doors, very beautiful doors. They are not going to protect the sound and keep the sound out from the back to the front. So, because of the front, we would not just be able to keep a motorcycle running in the back. I have absolutely no control over who rides motorcycles in the back of the shop. We have asked that people please leave out through the front and don't go to the back. There is a gentleman that owns a motorcycle. He owns the car dealership at Mediterranean and Virginia Beach Boulevard. He does have a motorcycle. We've asked him not to; please go the back route. Not down 16`h and to remain on Virginia Beach Boulevard. I've also contribute quite a bit to the community. We have been a part of Holiday at the Lights, the parade that he had brought up. We helped the beach events with an antique car and motorcycle show that they had at the boardwalk. The City came to me because they do not have the greatest turnout for the motorcycles the year before, and asked for my help. We were able to have 30 something bikes included on there. I, actually along with a few other members of my crew, I actually judged the show. Like I said, we have sponsored numerous motorcycle events, charities. We have given thousands and thousands of dollars and products to charities for the Virginia Beach area, and at most. We have been because of my husband being a police officer, we do a memorial ride for fallen officers, either begin or ended or had the entire memorial at Diva Customs. I will do the best that I can. I'm sorry if I've disturbed anybody. This is actually that I first that I've heard truly of any complaints about sound, but I will go above and beyond to make sure that we try even harder to make sure we don't disturb anybody in the area. Joseph Strange: Are there any questions? Janice Anderson: The conditions require you to add additional insulation. Have you looked into that yet? Tami Mook: I can look and see what more we can do. I can show you right here. If we can go back to the aerial view of this I can show you. Okay. This is the building right here. The white part that I'm shaking on right here is actually the recovery center. I am next to them right here. actually have right there, I don't have the entire back part of the building. I have to about where the pointer is right now. We extended, I think about 16 feet back, which is storage. That is probably the only place that we have not included anymore extra insulation in because it is storage. We don't run any kind of motorcycles back there. But with this, I can show you that this is Mr. Pyne's house. It is not like we abut against him. We actually a nice little distance away from hm. But, I would try to at least take the extra room that we have taken over and see what we can do about adding some more insulation, and see if we can buffer it a little bit more. Janice Anderson: Could there be just another layer of insulation in your existing work? Tami Mook: Absolutely. We do have the sound proof panels against the wall but I don't think they are on the ceilings so we can provide them on the ceiling, and that would add a little bit more. Item #10 Tami Walker Mook Page 8 Janice Anderson: Okay. What are you hours for engine repair? Are they less than the store is open because I`m just trying to see if we can limit them a little. Tami Mook: No. They are the same. We are open from 10:00 to 6:00, Monday, Tuesday, Thursday, and Friday. We are closed on Wednesdays and 10:00 to 5:00 on Saturdays. And we are closed on Sundays. Janice Anderson: Okay. And that is when you work your workshop to within those hours. Tami Mook: Yes ma'am. Joseph Anderson: Are there any other questions? Do you have anything else new sir? Ed Weeden: Come back to the microphone. State your name for the record again. Kevin Pyne: Kevin Pyne, 503 16`h Street. Anyway, nobody said they were revved constantly all day long. In other words, they do take a break every few minutes. Joseph Strange: Thank you. Kevin Pyne: Okay. But, they work with the garage door open. I don't know about the exhaust but they work with the garage door open. I've gone over there and seen it. Joseph Strange: We're going to address that. Kevin Pyne: Okay. And the noise, you can hear it down the street. Joseph Strange: We're going to address that. Kevin Pyne: Thank you. Joseph Strange: Thank you. I'll open it up for discussion. Janice Anderson: I'm very familiar with this location, and with Mr. Pyne's property. The neighborhood has increased in values, and is being renovated. There are nice homes being constructed there or additions. The issue here, and we're going to see this more and more down at the Oceanfront, this neighborhood abuts right up to commercial property. There is commercial property on Virginia Beach Boulevard. This is going to be commercial property whether it is Diva Customs or something else. So, what I'm looking at is trying to buffer it as much as we can. There is going to be some noise there. It is near the Oceanfront. The Oceanfront itself during the summer is noisy. There is a school right next door to it. You've got school children playing outside on the field. They are loud too. Mr. Pyne, there is some noise that he hears from this facility, so I want to try to lessen that noise to him, and see if we can't do it in the conditions. This is a high noise zone noise too. We've got airplanes flying above so there is a lot going on. It is a great place to live. It is a great area, but I think both of these entities can live together { Item #10 Tami Walker Mook Page 9 here, and I'm just trying hopefully we can find a resolution. The Diva Customs, they have done an amazing job to this property. I remember when it was the thrift store. I'm sure it took you more than two days or two weeks to clean that facility up. It is a very unique shop. It is very popular with the tourists. It is clean and very well taken. I knew there were some repairs back in there, and this is the first time that I've heard of any kind of complaint. So, far as the noise, there is going to have to be some additional. I would suggest that a requirement be there would be additional sound proofing on the roof and inside. Also, Mr. Pyne mentioned that some work has been done with the doors opened. It probably has and that is probably where he is hearing most of the noise. The conditions are they would have to closed. Everything would have to be inside. If it is done inside and you need a more extensive exhaust system then that is going to have to be a cost that you are going to have to bare. It is a nice neighborhood. They don't need to listen to an open door because that noise will carry. Also, I would like the condition, like I mentioned earlier during the informal to limit it to those working hours, so someone can't work on a bike late at night or after 6:00. The other thing, as so far as Mr. Pyne mentioned motorcycles going up and down his street. I don't know what we can do about that. There are several motorcycle owners in my neighborhood, you definitely heare when they leave the house. But unfortunately the owner of the shop has asked them to take Virginia Beach Boulevard out and not 16th Street, so I don't they there is any kind of condition I could help Mr. Pyne with that. But, I would be willing to approve the application with the owner knowing how concern the neighbors are, and how it important it is, and with those extra conditions. David Redmond: I mean, a motorcycle properly licensed is a legal vehicle on the street. It is not like we can make them go away. I was just going to suggest and I read it in the write-up too. ~, You mentioned it yourself that you encourage your patrons to head out by Virginia Beach Boulevard. In situations like this where people kind of bump up against one another, sometimes that is as much as you can do. I don't know a thing about sound insulation or sound attenuation, so I'm not going to pretend that I do or where it might go or the rest of it. But I do think to the extent to which you can press upon your patrons, please go that way. It makes a different. Really press upon it. Stick a sign behind the counter or whatever when they get rung up in their repairs. That will, to some extent, that human beings can control, hopefully mitigate some of the conflicts. I think it is a wonderful, thriving, viable business. I hate to try and hem a wonderful thriving, viable businesses and I commend you for that. I just urge you to do your utmost to ask your patrons that if you like it here, and you like my repair work, head that way please because that does make a big difference. Thank you. With that said, I understand the noise everybody, and in the modern world it is very difficult to get away from it. The gentleman who spoke and opposed it, I can certainly feel for him to extent to which you can work with the sound. Again, I don't know anything about how you limit sound within a building like that. It is my hope that you will do your best there too. Nobody would like that. Joseph Strange: Are there any other comments? I would just like to say that this is a viable business but they didn't have a license to do service there. Therefore, the community does need some type of protection. It doesn't make any difference whether they are $600,000 homes or $200,000 homes. They are still people living there, and they need a certain amount of protection. I can support this application with the additional insulation not only in the walls but in the Item #10 Tami Walker Mook Page 10 ceiling, and do everything we possibly can with the doors shut, and if anyone wants to make a motion to that effect, I'll be happy to support it. Janice Anderson: Chairman, I make a motion to approve with the modified condition requiring additional insulation. It is already required that all work be done inside with the doors closed, the windows closed, and the limitation of any work being done on the motorcycles to the store hours as listed. Joseph Strange: We have a motion made by Jan Anderson with the modifications. Do I have a second? We have a second by Kathy Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Tami Walker Mook with the modified conditions as stated. ~~~ 1 b ~Ic~ To: The Virginia Beach Planning Commissioners and Council Members: We, the undersigned residents and home owners of 16th Street and Baltic Avenue do hereby protest the granting of any conditional use permit or variance to Diva Customs located at SOIA 17th Street for the purpose of small engine repair (motorcycles). Diva Customs generates very loud noise from their repairing motorcycles at their location and by test driving them on our streets. We aze located nearest Diva Customs and no further than six houses away. Homeowners: Signature Printed Name Address Date ~" , ~.. ~ L C ~~ ,~ ~1 Renters: `n Q~~ ~/P//rinted Nnamel~, /~ /' Add~renss C f }`/n- D(`a-t-e~ / (/~ I ~]~ 7 71 ~~Lt'L~.Y ~ ~-l ~n Yl~l ~n(~ 1'll.~T J ~~ I V! `'~ Vl .~L/` ' l.~+L.~-/~ / ~ : Jt/ o~ ~~`~~ a ~~ ~~ GENERAL AFFIDAVIT Commonwealth of Virginia City of Virginia Beach I, the undersigned affiant, KEVIN D. P1'NE, of Virginia Beach, Virginia, hereby swear and testify that I personally collected each and every signature on the attached Petition pertaining to "Diva Customs", 501-A 17th Street, Virginia Beach, Virginia 23451, and further state that each and every person who signed said Petition is personally known to me to be a neighbor either owning, or renting residential property within 300 feet of "Diva Customs," a motorcycle shop. Dated: ~ ~ ~Z ' Z-D/!2- Affi :Kevin D. Pyne I, Dale V. Berning, Esquire, the undersigned Notary Public in and for the City and State aforesaid, hereby certify that Kevin D. Pyne, whose name is signed to the foregoing General Affidavit, personally appeared before me and signed and acknowledged the same before me this 12~' day of January, 2010. `n~~~+unui+a~,~ ~~` ~ . 6ER4r''~.,. [Notary ~ ~oi+wf ~~. '%, aEC,asntnt+oH No. = ~ - za3eei ~ = NOTARY PUBLIC Mrca~nn. mss' 0?128/Z013 My comA3~~s~c~t!ma~~:`\~; ~~qq~R~~pp ~- -~ 19~~'~~dinN~~~~~~\ CUP for Firewood Preparation Facility ~`h~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT RAMSAY, Conditional Use Permit, firewood preparation facility, 3025 New Bridge Road. PRINCESS ANNE DISTRICT. MEETING DATE: April 13, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow firewood preparation and storage to occur on this agriculturally zoned site. The applicant lives on the site with his family and owns a tree service business. The logs for the firewood preparation facility are brought in from the applicant's tree service jobs. The applicant has no permanent employees and uses temporary day labor on an as- needed basis. On March 23, 2010, the City Council deferred this item to the April 13 meeting at the request of the applicant. ^ Considerations: The existing one-story home sits over one hundred feet from New Bridge Road. The asphalt drive leads past the home to the detached garage and wood privacy fence. Behind the privacy fence is the work area for the firewood preparation and the equipment is stored. The actual operation of splitting the logs occurs behind a detached garage in a designated work area towards the rear of the site. This work area is accessed via the existing residential drive and is partially surrounded by a six feet high wood stockade fence on two sides. The other two sides of the work area are treed. The location criteria provided in Section 233.2 of the City of Virginia Beach Zoning Ordinance notes that firewood preparation facilities should be located only where the traffic, noise, and other effects of the operation will not adversely affect nearby residents. Staff does have concerns that the operation of a chain saw and log splitter cannot be done in harmony with the residential dwellings in close proximity to the property, particularly the dwelling located immediately to the south. The adjacent property owner sent a letter indicating the applicant's proposal would be acceptable if certain conditions were attached to the use permit. Those conditions are included with staffs recommendation. At the November 2009 Robert Ramsay Page2of3 Planning Commission, the application was requested for deferral so the applicant could continue the cleanup process. Since then, the applicant has made a significant improvement in the overall appearance of the site despite the wet conditions that have made the remaining clean-up difficult. The applicant will be completing the clean-up process once the ground dries sufficiently to maneuver vehicles around this area. There was no opposition to the request. ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0, to recommend denial of this request to the City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting Department/A'g/ency: Planning Department City Manager: ' •~~ T~~ T _13 ~~ 7 i T1 -~--r - - - lt~ap Not to Scale P1: R30 nu Berl tcd~~lad r ~> - AG1 . t '~------_.~---j AG2 `-n'~~ "','f p~°~'~~~ °°n°'''~~'~"°~;5 CUP for Firewood Preparation Facility °'"1~" Rabert Ramsa~~ P1 R30 AGi (~ ~ G'~ x , ' ~ ~__N AGZ ,f ._~~ '~ i F, AG1 /_ o ' AG2~` ~' - ~._ RG1~~ ~ _-q-q----~. AG3 ~' I ~ r "~~,~ s7 AG1 ~ ~ ~ ~~ ` ~ ` , ~` \\~. i ~,~~ ' # ''- - CUP for Firewood Preparatiart Facr7rfy REQUEST: Conditional Use Permit for Firewood Preparation Facility 7 February 10, 2010 Public Hearing APPLICANT: ROBERT RAMSAY PROPERTY OWNER: ANNIE RAMSAY- BISHOP STAFF PLANNER: Karen Prochilo ADDRESS /DESCRIPTION: 3025 New Bridge Road GPIN: ELECTION DISTRICT: 241383286100000 PRINCESS ANNE SITE SIZE: AICUZ: 66181.56 square feet Less than 65 d6 DNL / 1.5 acres APPLICATION HISTORY: The applicant requested deferral prior to being heard at the September 9, 2009 Planning Commission in order to get a letter of support from the adjacent property owner. A letter from the adjacent property owner was received with a request for revisions to the conditions of the September staff report. These revisions have been incorporated into the current conditions. At the November 2009 Planning Commission, the application was requested for deferral so the applicant could continue the cleanup process. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow firewood preparation and storage to occur on this agriculturally zoned site. The applicant lives on the site with his family and owns a tree service business. The logs for the firewood preparation facility are brought in from the applicant's tree service jobs. The applicant has no permanent employees and uses temporary day labor on an as-needed basis. The actual operation of splitting the logs occurs behind a detached garage in a designated work area towards the rear of the site. This work area is accessed via the existing residential drive and is partially surrounded by a six feet high wood stockade fence on two sides. The other two sides of the work area are treed. ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 1 The existing one story home sits over one hundred feet from New Bridge Road. The asphalt drive leads past the home to the detached garage and wood privacy fence. Behind the privacy fence is the work area for the firewood preparation and the equipment is stored. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Cultivated farm land / AG-2 Agricultural District USE AND ZONING: South: . Rural residential and cultivated farm land / AG-2 Agricultural District East: . Across New Bridge Road, Rural residential and cultivated field in ARP / AG-2 Agricultural District West: . Agricultural land / AG-1 and AG-2 Agricultural Districts NATURAL RESOURCE AND The site is within the Southern Watershed Management Area. The rear CULTURAL FEATURES: of the site is wooded. There does not appear to be any significant cultural features on the site. The parcel across New Bridge Road is within the Agricultural Reserve Program (ARP). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): New Bridge Road in the vicinity of this application is a rural two-lane highway. There is currently no roadway CIP projects scheduled for this portion of New Bridge Road. The Master Transportation Plan does not show future plans for New Bridge Road. TRAFFIC: Street Name present Volume present Capacity Generated Traffic New Bridge Road 2,200 ADT 8,700 ADT (Level of Existing Land Use - (2008) Service "C") 25 ADT 11,200 ADT ~ Capacity Proposed Land Use - (Level of Service "D") The scale of the operation is such that any additional enerated traffic is minimal Average Daily Trips ' as defined b 1.5 acre AG-2 sin le-famil dwellin WATER ~ SEWER: City water and sewer are not available to this site. FIRE: Outside storage of combustible materials shall not be located within 10 feet of a property line or other building on site. Additionally, storage in the open shall not exceed 20 feet in height. ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 2 HEALTH DEPT: The residence is served by an on-site sewage disposal system and a private well. The department recommends that the existing septic tank system (including the drainfield) and water supply be protected from any part of the proposed firewood operation. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request for a firewood preparation facility with the following conditions, Evaluation: When the proposal was initially discussed with the applicant's representative, staff was told that the adjacent neighbor located immediately to the south was in support of this request and a letter would be provided indicating their support. A letter had not been received at the time of the September Planning Commission Hearing. A letter has now been received by the adjacent property owner with the request for revisions to the conditions of the September staff report. These revisions have been incorporated into the proposed conditions provided below. The location criteria provided in Section 233.2 of the City of Virginia Beach Zoning Ordinance notes that firewood preparation facilities should be located only where the traffic, noise, and other effects of the operation will not adversely affect nearby residents. Staff does have concerns that the operation of a chain saw and log splitter cannot be done in harmony with the residential dwellings in close proximity to the property, particularly the dwelling located immediately to the south. Staff recently visited the site and noticed a significant improvement in the overall appearance of the site despite the wet conditions that have made the remaining clean-up difficult. The applicant will be completing the clean-up process once the ground dries sufficiently to maneuver vehicles around this area. Based on the September 20, 2009 letter, recent conversation with the adjacent property owner concerning the firewood preparation operation and noise associated with preparing the firewood, as well as Staff's recent site visit, approval of this application with the following conditions is recommended. CONDITIONS 1. The firewood preparation facility shall be conducted within the fenced interior of the property behind the house and garage. 2. Retail sales of firewood, mulch, and farm products are prohibited. 3. Fire Department access shall be provided at all times to any structure located on the property. The on- site road surface shall be maintained and shall be capable of supporting a 75,000 pound load. 4. Hours of operation will be Monday through Saturday from 8:00 a.m. until 7:00 p.m. only. 5. All junk, debris, parts, old tires, other discarded items, inoperable vehicles, boats, and equipment not ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 3 associated with the firewood preparation facility shall be removed from the site. 6. All tree service equipment and vehicles except for the two used by the resident of the property shall be removed from the site. 7. The Zoning Administrator shall annually evaluate whether the conditions have been adhered to. If the evaluation reveals that the conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 4 ~t ~ F a•i~ r` ~~ o O y ~~ ~ ~ .~: ,. ,Y ~~~. AERIAL OF SITE LOCATION ROBERT RAMSAY /ANNIE ~MSAY-BISHOP Agenda-.Item 7 -Page 5 ~~\ +~ ~~~~ ~« O ~s to ~ ~, ~ ~ ~ ~ ~ ~~ ~~ ~ ~~~ ~~ ° "~~ ~~ / .~ / $b l ,S• Location of firewood ~' ~'~ y ~ ~ ~~~ f preparation facility ~ ~ ~~ -' p( ~,/ ~` A 8l'F r j a~~ ti 1 ~ ~ t ~ ~~ ~ ,~`~~~` J ~ ~< ~ °.? r, ' ~~ f+ ° ~~ ~ L ~. ~ ,gym '`- ~+Kr~ sti f. m~~ ~, ~~< ow~ ~04 \`N `$r~r~~ a ~' .~ , w x~ #rt:~sQ~ .~ ~ a~~~ si~~~~ #Il~±aa SITE PLAN` ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda -Item 7 Page 6 EXISTING SITE PHOTOGRAPHS ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 7 Photo taken 01 /25/2010 SITE PHOTOGRAPHS ROBERT RAMSAY /ANNIE RAIVtSAY-BISHOP Agenda Item 7 Page 8 Photo taken 07/13/2009 Photo taken 01 /25/2010 SITE PHOTOGRAPHS ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 9 Photo taken 07/13/2009 ~. y s~ Ll4 to s~o~a to s=ale PD-H2 ~Fi-3Q3 2] PD-H N cP-t~[2] W6 AG-1 005 o0S ~: tcovert mums AG-1 AG-2 °°' AG-2 .°a 0 . AG-~,~' ARP "" ARP ARP AR AG-1 RP ARP ARF A AR Cj R ARF ARP ARF A PAR ARP ARP ARP ARP A PAR ARP ARP ARP ARP RP ARP P ARP ARP ARP ARP ARP RP AR ARP AR RP ARP ARP ARP ARP ARP ARP P ARP ARP ARP ARP A ARP ARP A ARP ARP A A ARP AR RP ARP AR ARP A A ARP ARF ARP P ARP A ARP ARP ARP AG-1 P ARP ~A P ARP P ARP ARP RP ARP ARP A RP ARP ARP A P ARP ARP CUP for !-rrewood Prep. rac~llry 1 Submitted 08/08/07 Conditional Rezonin from AG-1 /AG-2 to R-20 On Hold ZONING HISTORY ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 10 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) Robert Ramsay 2. List all businesses that have aparent-subsidiary' or affiliated business entityz 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, mernbers, trustees, partners, etc. below: (Attach list if necessary) Annie Ramsay-Bishop 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ® Check here if the property owner is NOT a corporation. partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the Cjt~r of Virginia Beach have an interest in the subject land? Yes No ~ If yes, what is the name of the official or employee and the nature of their interest? Contlitional Use Permit Application Pape 9 of 10 Revised 7I3I2007 ~--y a w w z 0 ~-. A O V ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 11 ~--~ ~--i F'~ W W cn r~• ~"~ ~--~ A O V 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) ' "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. s "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. . ry ~~ J Appl'cant's ignaturG, _ Print Name ,q~ /J / t fi r~ Property Owner's Signature (if diffnt than appllcar~t) Print Name Condilwnal Use Permif Application Pape 10 of 10 Reused 7/312007 ROBERT RAMSAY /ANNIE RAMSAY-BISHOP Agenda Item 7 Page 12 Item #7 E Robert Ramsay Conditional Use Permit 3025 New Bridge Road District 7 Princess Anne February 10, 2010 REGULAR Al Henley: The next item is item 7. An application of Robert Ramsay for a Conditional Use Permit for a firewood preparation facility on property located at 3025 New Bridge Road, District 7, Princess Anne. It has seven conditions. There are no speakers. Joseph Strange: There are no speakers. There is no representative. Karen Prochilo: I don't see the applicant here. Joseph Strange: Okay. We'll just open it up for discussion. Al Henley: I guess I will start it off. As stated in the informal session, any time we look at an application for a wood cutting or processing situation, there is always associated with that a lot of noise, and not to mention on top of that an awful lot of debris that is result of the processing of wood, chain saws, and I don't know what the decibel noise level on that but it is quite disturbing if you're anywhere close to that. I think if the applicant was at a different location set farther from the roadway, on the public highway that you would not visibly see this. If it was secluded with a group of trees I think it would put a whole new light on the application. But, I won't dwell on it any further. But I can't support this application. Thank you very much. Joseph Strange: Is there any other discussion? Donald Horsley: Mr. Chairman, I will echo Mr. Henley's sentiments. He is a close neighbor. He is well aware of this situation. You know there have been a lot of unsightly things that have been cleaned up partially. I know it has been hard to do much cleaning up this winter that way it has been and all. But, a lot of times when you clean up a site like this to get an approval, and then year's end, it will be back like it was. I think that is kind of the reputation that has been established on this site. So, I would echo Mr. Henley's sentiments on that. Joseph Strange: Is there any other discussion? Do I have a motion? Al Henley: I would like to make a motion to disapprove the application. David Redmond: Second. Joseph Strange: We have a second by Dave Redmond. We're ready for a vote. r Item #7 Robert Ramsay Page 2 AYE 10 ANDERSON BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has denied the application of Robert Ramsey. t~-w~~~ Karen Prochilo From: Karen Prochilo Sent: Friday, January 29, 2010 7:58 AM fo: 'Sharon Newton' Subject: RE: Robert Ramsay Conditional Use Permit Sharon - I received your email and appreciate you taking the time to reply back after speaking with your tenant. As we discussed yesterday, the conditions will have the time limit from 8:00 a.m. until 7:00 p.m. as well as an annual review period. Sincerely Karen Prochilo Virginia Beach Department of Planning Municipal Center - Bldg 2 voice 757.385.4298 fax 757.385.5667 kprochil(lvb~ov.com -----Original Message----- From: Sharon Newton [mailto:snewton9@cox.net] Sent: Thursday, January 28, 2010 8:40 PM To: Karen Prochilo Subject: RE: Robert Ramsay Conditional Use Permit Karen, I was able to talk to my tenants this evening. They said that so far they have no complaints with the noise next door. As I stated earlier when talking to you today I am pleased with the progress that I have seen so far. I believe that if all conditions are met that you say will be listed on his case that I will be ok with the operation of his business. Thank you for giving me the opportunity to comment on this use permit again. Please let me know if there will be any changes in what we discussed today. Thank you, Sharon N. Newton -----Original Message----- From: Karen Prochilo [mailto:KProchil@vbgov.com] Sent: Monday, September 21, 2009 8:04 AM To: Sharon N. Newton Subject: RE: Robert Ramsay Conditional Use Permit Ms. Newton - Your email with the attached letter was received. Thank you. Karen Prochilo Virginia Beach Department of Planning Municipal Center - Bldg 2 voice 757-385-4298 fax 757-385-5667 kprochil(alvbeov. com ~•-. -----Original Message----- From: Sharon N. Newton [mailto:snewton9@cox.net] Sent: Sunday, September 20, 2009 8:53 PM 1 To: Karen Prochilo Subject: Robert Ramsay Conditional Use Permit Karen please let me know you received this a-mail. Please see my attached letter. Thank you for all your help. Sharon N. Newton i 2 ~°E"~' 4~: w •~'' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission Proposed Amendments to City Zoning Ordinance Sections 111 and 212 (Electronic Display Signs) MEETING DATE: April 13, 2010 ^ Background: On March 30, 2010, the City Council indefinitely deferred consideration of a proposed ordinance defining and regulating electronic display signs. At that time, the Council decided, by motion, to refer to the Planning Commission the question of prohibiting such signs. ^ Considerations: The Resolution formally effectuates the City Council's decision to refer to the Planning Commission consideration of City Zoning Ordinance amendments prohibiting electronic display signage. The Commission may also consider such other amendments concerning the prohibition or regulation of electronic display signs as it may deem appropriate. The Resolution also directs the Commission to solicit participation in the process by interested stakeholder groups and directs the Commission to report its findings to the City Council by no later than June 9, 2010. ^ Public Information: The Resolution will be advertised as a regular agenda item; the proposed amendments will be advertised in accordance with legal requirements. ^ Recommendations: Adoption of proposed resolution. ^ Attachments: Proposed Resolution. Recommended Action: Approval Submitting Department/Agency: City Attorney's Off~ce at the direction of the City Council) City Manage . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A RESOLUTION REFERRING TO THE PLANNING COMMISSION AMENDMENTS TO THE CITY ZONING ORDINANCE DEFINING "ELECTRONIC DISPLAY SIGN" AND PROHIBITING SUCH SIGNS IN ALL ZONING DISTRICTS WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That there is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to the City Zoning Ordinance defining the term "electronic display sign" and prohibiting such signs in all zoning districts. A true copy of such proposed amendments is hereto attached. The Planning Commission is also directed to consider such other amendments concerning the prohibition or regulation of electronic display signs as it may deem appropriate. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission shall provide for a public process exceeding the requirements of law in considering the proposed amendments and, to that end, shall solicit the participation of interested stakeholder groups, including, but not limited to, the Council of Garden Clubs of Virginia Beach; the Virginia Beach Beautification Commission, the Council of Civic Organizations, the Hampton Roads Chamber of Commerce and members of the sign industry doing business in Virginia Beach, arid such other individuals and groups as the Mayor or the City Council may designate. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission is hereby directed to report to the City Council its recommendations concerning the proposed amendments, or such other amendments concerning the prohibition or regulation of electronic display signs as it may deem appropriate, by no later than June 9, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. 1 APPROVED AS TO LEGAL SUFFICIENCY: V1M,- ~~ City Attorney's Office CA11491 R-1 March 31, 2010 1 AN ORDINANCE TO AMEND SECTIONS 111 AND 212 OF 2 THE CITY ZONING ORDINANCE, DEFINING THE TERM 3 "ELECTRONIC DISPLAY SIGN" AND PROHIBITING SUCH 4 SIGNS IN ALL ZONING DISTRICTS 5 6 Section Amended: City Zoning Ordinance Sections 111 and 7 212 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 111 and 212 of the City Zoning Ordinance are hereby amended 16 and reordained, to read as follows: 17 18 Sec. 111. Definitions. 19 For the purpose of this ordinance, words used in the present tense shall include 20 the future; words used in the singular number include the plural and the plural the 21 singular; the use of any gender shall be applicable to all genders; the word "shall" is 22 mandatory; the word "may" is permissive; the word "land" includes only the area 23 described as being above mean sea level; and the word "person" includes an individual, 24 a partnership, association, or corporation. 25 26 In addition, the following terms shall be defined as herein indicated: 27 28 Sign electronic display A sign containing light emitting diodes (LEDs), fiber 29 optics light bulbs plasma display screens or other illumination devices, or a series of 30 vertical or horizontal slats or cylinders that are capable of being rotated at mtervals,_that 31 are used to change the messages intensity of light or colors displayed by such sign. 32 The term shall not include signs on which lights or other illumination devices display 33 only the temperature or time of day in alternating cycles of not less than five 5 34 seconds. 35 36 COMMENT 37 The amendments define the term "electronic display sign." Specifically excluded from the 38 definition are ordinary time/temperature signs that do not alternate cycles more frequently than 39 every five seconds 40 .... 41 42 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 43 TO ALL DISTRICTS 44 .... 45 46 B. SIGN REGULATIONS 47 48 .... 49 50 Sec. 212. Prohibited signs. 51 52 The following signs shall be prohibited: 53 54 .... 55 56 (m) Electronic display signs. 57 58 59 COMMENT 60 61 The amendments prohibit electronic display signs in all zoning districts. As the proposed 62 definition of the term "electronic display sign" excludes time and temperature signs that alternate 63 in cycles of no less than five seconds, such signs would not be included within the prohibition. 64 65 66 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 67 day of , 2010. Approved as to Legal Sufficiency: V 1/ `ti`p l ~ , , '~~ City Attorneys ffice CA11492 R-1 March 31, 2010 2 M. APPOINTMENTS AUDIT COMMITTEE CLEAN COMMUNITY COMMISSION SOCIAL SERVICES BOARD SOUTH HAMPTON ROADS RESOURCE CONSERVATION and DEVELOPMENT COUNCIL - RC&D N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ~c~'c~'c~'c~~'c~~'c~~'c~'c~c~c~'c~'c~9c~~~'c~~'c~'c~c~~'c~c~'c~~'c~~'c~'c PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers FY 2010-2011 Management Resource Plan Schedule DATE TLME EVENT ,,, LOCATIQN Apri120 ' 4:00-6:00 PM Workshop em _.._ -. -__ City Council Conference Room .A ..ri1~22 .. p 6:00 PM Public Hearing __ ~- Tallwood Nigh School April 27 1 hr before Informal e~ Public Hearing City Council Conference Room April 27 6:00 PM Public Hearing City Council Chamber May 4 4:00-6:00 PM Workshop City Council Conference Room May 11 6:OOPM ADOPTION City Counal Chamber If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 4/13/lost w~ w.vhgov.con~ CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/23/2010 B PAGE: 1 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D llA CITY MANAGER'S BRIEFINGS: NEIGHBORHOOD PRESERVATION Sharon Prescott, PATTERN BOOK Housing Development Administrator - Housing and Neighborhood Preservation Olin Walden, Housing Program Coordinator - Housing and Neighborhood Preservation B INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance IVIIUIVN CERTIFIED I1-0 Y Y Y Y Y Y Y Y Y Y Y . CERTIFICATION OF CLOSED SESSION E F-l MINUTES -March 9, 2010 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A B S T A I N E D G/H-I PUBLIC COMMENT MONUMENT and LED SIGNS 12 Speakers UJ-l.a Ordinances to AMEND the City Code: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT § 23-11.3 re beam from a laser pen/ flashli ht/device in a es of another erson b. § 23-39 re cutting/trimmiogldamaging/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Defacing/removing trees/shrubs /other CONSENT vegetation on City property without written authorization c. §23-50 re penalty for failure to comply re DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y excessive growth of weeds/grass 4/27/2010, BY CONSENT d. §23-50.1 re penalty for failure to comply re DEFERRED TO i t-0 Y Y Y Y Y Y Y Y Y Y Y trees 4/27/2010, BY CONSENT e. § 23-61 re electronic view at adult movie ADOPTED, BY 1 I-0 Y Y Y Y Y Y Y Y Y Y Y arcades CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/23/2010 PAGE: 2 B E D S AGENDA L E D H E W ITEM # SUBJECT MOTION VOTE L I D A S I E J S U I T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 2 Ordinance to AUTHORIZE General ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Obligation Guaranty by the City re SPSA CONSENT 3 Resolution recognizing Captain William ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y "Bill" Crow re "Joint Expeditionary Base CONSENT Little Creek-Fort Story" 4 Resolution to RE-ESTABLISH the Clean ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Community Commission CONSENT 5 Resolution to RENAME the Animal ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Control Building to Virginia Beach CONSENT Animal Care and Ado lino Center 6 Ordinance to AUTHORIZE City Manager ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE Field House Emergency CONSENT Shelter A reement re emer enc shelter 7 Ordinance to AUTHORIZE DEFERRED TO 1 1-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned 04/13/2010, BY r-o-w for JANE W. STEINHILBER at CONSENT 4821 Lauderdale Avenue. DISTRICT 4 - BAYSIDE 8.a Ordinances to ACCEPT/ APPROPRIATE: $240,000 reimbursement from Comp Board ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to Clerk of the Circuit Court CONSENT b $24,450 Grant from Smart Beginnings ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y South Hampton Roads to the Library CONSENT K-1 TAMI WALKER MOOK CUP re small DEFERRED TO i t-0 Y Y Y Y Y Y Y Y Y Y Y engine repair at 501 Virginia Beach 4/13/2010, BY Boulevazd. DISTRICT 6 -BEACH CONSENT 2 ROBERT RAMSAY CUP re firewood DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y preparation at 3025 New Bridge Road. 4/13/2010, BY DISTRICT 7 -PRINCES ANNE CONSENT 3 Ordinance to AMEND § 111/ADD §217 of DEFERRED TO IO-0 Y Y Y A Y Y Y Y Y Y Y CZO mooument/electronic display signs 3/30/2010, BY LED CONSENT L APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S SOCIAL SERVICES BOARD M/N/O ADJOURNMENT: 6:58 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 3/23/2010 B PAGE: 3 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D FY 2010-2011 Budeet Schedule DATE __., TIME EVENT LOCATION '. March 30 4:00-6:00 PM :ity Manager Presents Budget City CounciE Conference Rcurn Special Formal Session _~. _ _~ _ Apri18 ~F.00-6:OOPM Workshop City Council Conference Room April 13 1 hr before Informal Workshop _.._. _ _ _ _ _ City Council Conference Room p .... .._„...., A rii 20 _ 4:00-6:00 PM Workshop _ .. ._ _ City Council Conference Room ~, .e.~..,. ,.. _ .. _ _ Apri122 6:00 PM Public Hearing 3allwood High Schaof April 27 1 hr before Informal Public Hearing _ lily Council Conference Room April 27 6:00 PM Public Hearing ,,,. . City Council Chamf}er May 4 4:00-6:00 FM _ Workshop _ _ _ _ _. . _ ~_ _ _ _ . City Council Conference Room -~. n.-~.. . May 11 6:OOPM ... ~ ADOPTION ~ ___.... _. cil Chamber Y __ Cit Coun _ ..,m. .._ ....., _..