Loading...
HomeMy WebLinkAboutJULY 13, 2010CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, /R., AhLarge VICE MAYOR L01//S R. JONES, Bayside -District 3 RITA SWEET BELL/TTO, At-Large GLENN R. DAV/S, Rose Hall -District 3 WILLIAM R. DeST EPH, At-Large HARRY E. D/EZEI., Ketnpsville -District 1 ROBERT M. DYER, Centerville -District l BARBARA M. HENLEY, Princess Anne - Utstrict 7 JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large ./AMES L. WOOD, lynnhaven -District 5 CITY COUNCIL APPOINTEES C/TY MANAGER -JAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD BANAGAN C/TY A UD/TOR - LYNDON S. REM/AS C/TY CLERK -RUTH HODGES ERASER, MMC I. CITY COUNCIL BRIEFING: -Conference Room- A. SHERIFF'S COMMISSARY SERVICES REORGANIZATION Ken Stolle, Sheriff II. CITY MANAGER'S BRIEFINGS: A. GREEN RIBBON COMMITTEE UPDATE Barry Frankenfield, Strategic Growth Area (SGA) Administrator B. SUSTAINABILITY PLAN Jack Whitney, Director -Planning C. PARKING ORDINANCE AMENDMENT Carolyn Smith, Current Planner D. INTERIM FINANCIAL STATEMENT Patti Phillips, Director -Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY COUNCIL AGENDA 13 July 2010 CITY HALL BU/LDING 240/ COURTHOUSE DR/VE VIRGINIA BEACH, VIRG/NIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov:com 3:00 PM 4:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - ~ 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. .INVOCATION: Reverend Randy D. Singer Pastor, Trinity Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 6, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. SAL1=; OF EXCESS PROPERTY 5241 Princess Anne Road I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to DECLARE certain portions of City property EXCESS and AUTHORIZE the City r/Ianager to execute the necessary documents: a. 232, 236 and 240 Indian Avenue re Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear (deferred 7/6/10) b. 5241 Princess Anne Road re Virginia Beach Financial Center, Inc. 2. Ordinance to ADJUST funding from various sources for the Kellam High School Replacement project 3. Ordinances to APPROPRIATE funds: a. $279,846 to the Sheriff s Inmate Services Fund re start-up costs for dining alternatives for inmates, office staff and City Employees b. $187,072 from FEMA and $46,768 in local match from the State Fire Programs Grants Consolidated Fund re extrication equipment, fitness training and equipment c. $7,391 from the Virginia Department of Emergency Management with a local match of $7,391 by TRANSFERS from various sources re Emergency Operations Center enhancements d. $400,000 from the Virginia Information Technologies Agency (VITA) to the Emergency Communications and Citizens Services Department (ECCS)for their FY 2010-11 Budget; $343,357 for restoration of items cut and $156,643 to the General Fund for Contingencies K. PLANNING 1. Application of CLAIRE L. FRIEDBERG for the closure of an unimproved portion of Loretta Lane (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 2. Application of KOGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an auto service and fuel station at 3330 Virginia Beach Boulevard (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 3. Application of CATALDO INDUSTRIES, III, LLC and JOYCE ANNE LIPTON for a Change of Zoning District Classification from R-7.5 Residential District to Conditional O-1 at 4329 Bonney Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION 4. Ordinances to AMEND the City Zoning Ordinance (CZO): a. §§203 and 236 re off-street parking requirements PLANNING COMMISSION RECOMMENDATION STAFF RECOMMENDATION b. § 111 re definition of "family" RECOMMENDATION c. § 104 re civil penalties for zoning violations RECOMMENDATION APPROVAL APPROVAL DEFER TO 8124/10 APPROVAL APPROVAL d. §501 and ADD §209.2 re Temporary Family Health Care Structures as accessory uses and apply regulations for single-family dwellings in residential districts RECOMMENDATION APPROVAL 5. Ordinance to AMEND the Landscape Guide re bicycle parking and permeable pavers PLANNING COMMISSION RECOMMENDATION APPROVAL STAFF RECOMMENDATION DEFER TO 8/24/10 L. APPOII\fTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION - VIRGIN][A BEACH DEVELOPMENT AUTHORITY PUBLIC LIBRARY BOARD REVIEW & ALLOCATION COMMITTEE (COG) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 7/13/lost WWW.Vn~V.COnl I. CITY COUNCIL BRIEFING: -Conference Room- 3:00 PM A. SHERIFF'S COMMISSARY SERVICES REORGANIZATION Ken Stolle, Sheriff II. CITY MANAGER'S BRIEFINGS: A. GREEN RIBBON COMMITTEE UPDATE Barry Frankenfield, Strategic Growth Area (SGA) Administrator B. SUSTAINABILITY PLAN Jack Whitney, Director -Planning C. PARKING ORDINANCE AMENDMENT Carolyn Smith, Current Planner D. INTERIM FINANCIAL STATEMENT Patti Phillips, Director -Finance 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 I A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy D. Singer Pastor, Trinity Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 6, 2010 G. FORMAL SESSION AGENDA CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, $E IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY 5241 Princess Anne Road °~ PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the disposition and sale of Excess City Property, Tuesday, July 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 property is located at Princess Anne Road and Lord Dunmore Drive (GPIN 14668-1966-0000). The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 385-4303; Hearing impaired, call 1-800-828-1120 (Virginia Retay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center (757)385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon July 4, 2010 21496260 I. CONSENT AGENDA ORDINANCES Ordinances to DECLARE certain portions of City property EXCESS and AUTHORIZE the City Manager to execute the necessary documents: a. 232, 236 and 240 Indian Avenue re Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn Kinnear (deferred 7/6/10) b. 5241 Princess Anne Road re Virginia Beach Financial Center, Inc. 2. Ordinance to ADJUST funding from various sources for the Kellam High School Replacement project 3. Ordinances to APPROPRIATE: a. $279,846 to the Sheriff s Inmate Services Fund re start-up costs for dining alternatives for inmates, office staff and City Employees b. $187,072 from FEMA and $46,768 in local match from the State Fire Programs Grants Consolidated Fund re extrication equipment, fitness training and equipment c. $7,391 from the Virginia Department of Emergency Management with a local match of $7,391 by TRANSFERS from various sources re Emergency Operations Center enhancements d. $400,000 from the Virginia Information Technologies Agency (VITA) to the Emergency Communications and Citizens Services Department (EGGS) for their FY 2010-11 Budget, $343,357 for restoration of items cut and $156,643 to the General Fund for Contingencies N^U ..~h ,,,yi ~ ,,,,~, t7c'sf~'~ yJ ~~~~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring a portion of City property, known as GPIN 2417- 81-9614, to be in excess of the City's needs and authorizing the City Manager to sell a portion of the property to Home Associates of Virginia, Inc./DBA HAV, Inc. and Richard Glenn Kinnear and to execute documents necessary to clear up title to convey same. MEETING DATE: July 13, 2010 ^ Background: The applicants collectively own three (3) lots, known as 240, 236 and 232 Indian Avenue (labeled A, B & C, respectively, on the attached location map), that adjoin City property along Lake Rudee, known as GPIN 2417-81-9614 ("City Property"). The applicants are pursuing the acquisition of a portion of the City Property in order to meet the rear setback requirement for the houses constructed on Lots A and B and for the house proposed for construction on Lot C (the houses on Lots A and B are in violation of the rear setback requirement). The area proposed for purchase is located between the rear lot lines of Lots A, B & C and the edge of high water and does not extend to the center of Lake Rudee. In March, 2001, Edwin B. Lindsley, Jr. conveyed land and land covered by water located between the platted lots shown on the Plat of Shadow Lawn Heights and the center of Lake Rudee and its coves and tributaries abutting Shadow Lawn Heights to the City pursuant to a deed of gift (the "Lindsley Deed"). The City's position was that there were already public rights in the areas described in the Lindsley Deed and that the Lindsley Deed eliminated potential clouds on title. While the Lindsley Deed was delivered to the City, a formal acceptance has not yet been recorded. Therefore, prior to the conveyance of a portion of the City Property, the City will record an acceptance of the Lindsley Deed. The City recently acquired from the Navy the Marshview property that abuts the City Property on the west. The eastern boundary of the Marshview property and the western boundary of the City Property is the center of Lake Rudee. This item was deferred by Council from July 6, 2010. ^ Considerations: The Excess City Owned Real Property Committee reviewed the Applicant's request and recommends that City Council declare a portion of the City Property in excess of the City's needs and sell the property to Home Associates of Virginia, Inc. /DBA HAV, Inc. and Richard Glenn Kinnear. ^ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ^ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property, including any documents necessary to accept the Lindsley Deed, subject to the terms and conditions in the attached Summary of Terms and other such terms, conditions or modifications as may be satisfactory to City Council. ^ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Est ~~ ~' ,,~•. City Manager ~'~~ 1 AN ORDINANCE DECLARING A PORTION OF 2 CITY PROPERTY, KNOWN AS GPIN 2417-81- 3 9614, TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY 5 MANAGER TO SELL A PORTION OF THE 6 PROPERTY TO HOME ASSOCIATES OF 7 VIRGINIA, INC./DBA HAV, INC. AND RICHARD 8 GLENN KINNEAR AND TO EXECUTE 9 DOCUMENTS NECESSARY TO CLEAR UP 10 TITLE TO CONVEY SAME 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 13 certain parcel of land located adjacent to 240, 236 and 232 Indian Avenue and known 14 as GPIN 2417-81-9614, as more particularly described on Exhibit "A" attached hereto 15 and made a part hereof; 16 17 WHEREAS, a formal acceptance of the 2001 deed (the "Deed") delivered 18 to the City to convey the parcel of land located adjacent to 240, 236 and 232 Indian 19 Avenue, and several other parcels of land, was never recorded; 20 21 WHEREAS, although the public had existing rights to the land this Deed 22 purports to convey, this Deed conveyed any other rights not held by the public 23 specifically; 24 25 WHEREAS, the City Council wishes to accept this Deed, effective as of 26 the date of the Deed, to clear any title issues that may exist as a result of this Deed; 27 28 WHEREAS, Home Associates of Virginia, Inc./DBA HAV, Inc., a Virginia 29 corporation and Richard Glenn Kinnear, have proposed to purchase a portion of GPIN 30 2417-81-9614, more particularly described as: 31 32 All those certain lots, pieces or parcels of land being known, designated 33 and described as "Area 1-A Area = 122 SF or 0.003 AC, Area 2-A Area = 271 SF or 34 0.008 AC and Area 3-A Area = 295 SF or 0.007 AC", as shown on that certain plat 35 entitled "EXHIBIT SHOWING PROPOSED ACQUISITION AREAS FOR ADDITIONS 36 TO LOTS 1 THRU 3 OF SHADOW LAWN HEIGHTS AS RECORDED IN (INSTR. NO. 37 20081027001249400) VIRGINIA BEACH, VIRGINIA", dated March 1, 2010, and 38 prepared by MSA, P.C. (the "Property"), from the City; 39 40 WHEREAS, the City Council is of the opinion that the Property is in 41 excess of the needs of the City of Virginia Beach. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 46 That the Property is hereby declared to be in excess of the needs of the 47 City of Virginia Beach and that the City Manager is hereby authorized to execute any 48 documents necessary to convey the Property to Home Associates of Virginia, Inc./DBA 49 HAV, Inc. and Richard Glenn Kinnear, including any documents necessary to accept 50 51 52 53 54 55 56 57 58 59 60 61 62 the Deed, so long as such documents conveying the Property are in substantial conformity to the Summary of Terms attached hereto as Exhibit B, and such other terms, conditions or modifications as may be satisfactory to City Council and in a form deemed satisfactory by the City Attorney. The proceeds from this transaction shall be directed to CIF' #3-368, Various Site Acquisitions. Phis ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _ , 2010. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA-11428 R-1 DATE: 6/23/10 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D022\P008\00060656. DOC APPROVED ,AS TO CONTENT ~d' ~' . O~tiJSc blic Works ~{ APPROVED ,A TO LEGAL SUFFICIENCY City Attorney's Office EXHIBIT "A" GPIN 2417-81-9614 All that certain lot, tract or parcel of land together with the improvements thereon belonging, lying and being in the City of Virginia Beach, Virginia and designated and described as "CITY OF VIRGINIA BEACH SHADOW LAWN HEIGHTS RESIDUE PARCEL GPIN: 2417-81-9614 (D.B. 4388, PG. 1201) (M.B. 7, PG. 14)", as shown on that certain plat entitled "SUBDIVISION OF SHADOW LAWN HEIGHTS (M.B. 302, PG. 10) VIRGINIA BEACH, VIRGINIA", dated June 24, 2008, prepared by MSA, P.C., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081027001249400, to which reference is made for a more particular description. It being a part of the same property conveyed to the City of Virginia Beach by deed dated March 28, 2001 and recorded in Deed Book 4388, at page 1201 in the aforesaid Clerk's Office. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY ADJACENT TO 232, 236 AND 240 INDIAN AVENUE SELLER: City of Virginia Beach PURCHASER: Home Associates of Virginia, Inc.lDBA HAV, Inc., a Virginia corporation and Richard Glenn Kinnear PROPERTY: Approximately 688 square feet of GPIN 2417-81-9614, being located adjacent to 232, 236 and 240 Indian Avenue LEGAL DESCRIPTION: All those certain lots, pieces or parcels of land being known, designated and described as "Area 1-A Area = 122 SF or 0.003 AC, Area 2-A Area = 271 SF or 0.006 AC and Area 3- A Area = 295 SF or 0.007 SF", as shown on that certain plat entitled "EXHIBIT SHOWING PROPOSED ACQUISITION AREAS FOR ADDITIONS TO LOTS 1 THRU 3 OF SHADOW LAWN HEIGHTS AS RECORDED IN (INSTR. NO. 20081027001249400) VIRGINIA BEACH, VIRGINIA", dated March 1, 2010, and prepared by MSA, P.C. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. SALE PRI(:E: $6,192.00, fair market value CONDITIONS OF SALE: • The purchaser shall, at the Purchaser's expense, resubdivide the property and vacal:e internal lot lines to incorporate the approximate 688 square feet into the existiing property at 232, 236 and 240 Indian Avenue. • The Existing piers constructed on 232, 236 and 240 Indian Avenue shall not be extended without approval by the City and any other necessary governmental agencies. _ - '~ t ~o ~~. ~~ U d u: 0 a U ~~ N Q ti 11 g W O ~~ Q 0 - ,'- ~;,} ,- _ - ~ r... pNE~ ~'; L a ~5 ..i m W W W Y I aL vi N ti tiQ ~a M N tG 11 8 11 S Q C o ~ ~ ao QO r i r f~ M ~ ~ ,~ ~ ~ ~ T N r r ~ ~ N l0 Op Op ~ fl. r r r O ~ N N N d m v 8 o a' a' Q ~_ ~ ~ t=o ~ U C C ~ (N/l a 'a O (p N ~XV ~ L' N N N W U J } 1- W O a Q ~~ goz~ oz ~ a 0 V}ac~vi ~Z O~ JU?0- N ~ -~ --~D W ~-~f r''1 U W ~~ww F ~ ~ ~i p ~~ ~ ~ p „~ _ ~~ ~ ~ ~°~ _. _ .. - ~ ~ __ ~~ v a ~~~~ N Jr1t~'! ~~ ~ tAffi~ ~~ ~a! ~ e ~~~ ~ ~ g~. ~ ~ _~~ .KTf l 3 .K,1LK N tl~ I!' ~~ ..~ ~ u ~~ ~ i ~ ~ a ~ ~ ~~~ ~ ^~ M ~ « ~ ~~~~ ~~ ' $ If • ii ., 'b! ~ ~ ,ry'~ ~7A ~ ~~~~ ~ ~ i ~ ~ ~ M i~~ ! ~~ ~~~ ~~ ~ y sue' - .~ YY9 o ~~g w .~=`~ see Mw~ ~~ ! ~ 8 $~~ 6 b ~~ iI~ ~ ~ ~ ~~~ k o ~~ gb ~~ icy 4 ;~~ S 4! . G~+ .~+~p CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 0.87+/- Acre of City Property Located at 5241 Princess Anne Road to be in Excess of the City's Needs and Authorizing the City Manager to Sell Same to Virginia Beach Financial Center, Inc. MEETING DATE: July 13, 2010 ^ Background: The City of Virginia Beach (the "City") is constructing the Princess Anne Road/Kempsville Road Intersection Improvements Project, CIP 2-048 (the "Road Project"). As a part of the Road Project, it was necessary for the City to acquire a 0.97+/- acre parcel located at 5241 Princess Anne Road (the "Properly"). The City only needed 0.10 +/- acre of the Property for the Road Project, which left a residual parcel of 0.87 +/- acre (the "Residual Property"). The Property included a 7,029 sq. ft. multi-unit commercial building with ten suites (the "Building"). A breezeway separates the northern and southern halves of the Building, with five suites on each side. The northern half of the Building is impacted by the Road Project and will be demolished by the City. Virginia Beach Financial Center, Inc. ("VBFC") owns a 1.22 +/- acre parcel across Lord Dunmore Drive from the Property (the "VBFC Property"). The City requires approximately 0.96+/- acre of the VBFC Property for the Road Project (the "VBFC RNV"). Staff and VBFC have agreed on a purchase price of $1,200,000 for the VBFC R/W with VBFC retaining the right to move the 2,342 sq. ft. office building (the "Office") currently located in the VBFC R/W. VBFC will retain the remainder of the VBFC Property and will be responsible for the permitting and costs associated with moving the Office. VBFC approached the City and offered to purchase the Residual Property, including the southern half of the Building, for $400,000. VBFC intends to relocate its Office onto the area of the Residual Property formerly occupied by the demolished half of the Building. The City shall retain all necessary easements for the Road Project, and shall reserve an easement for a public canoe launch on the Residual Property, with the right to access the public canoe launch and use parking spaces for same. At a later date, VBFC will petition City Council to close the portion of Lord Dunmore Drive separating the remainder of the VBFC Property and the Residual Property, and shall pay the City for the right-of--way. Staff cannot complete the above Road Project transaction with VBFC unless City Council deems it appropriate to declare the Residual Property excess and authorizes the sale of that property to VBFC as detailed above. ^ Considerations: The transaction outlined above will allow an opportunity to preserve the Office which, while not a historic building, has some historic value. It will also allow VBFC to continue its operations in substantially the same location after the construction of the Road Project. The Exc;ess City Owned Real Property Committee reviewed VBFC's request and recommended that the Residual Property be declared to be in excess of the City's needs and sold to VBFC. ^ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ^ Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. If City Council chooses not to declare the Residual Property excess and authorize the sale, the Road Project will continue, but VBFC will be unable too relocate the Office and it will be razed as a part of the Road Project. ^ Recomrnendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properly subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be ;satisfactory to the City Council. ^ Attachments: Ordinan~;,e, Summary of Terms, Location Map Recommended Action: Approval of the Ordinance Submitting Depart t/ cy: City Manager's Offic City Manage \\vbgov.com\dfsl\appl ~\citylawpro \cyc m32\wpdocs\d023\p008\00060789.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE DECLARING 0.87+/- ACRE OF CITY PROPERTY LOCATED AT 5241 PRINCESS ANNE ROAD TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL SAME TO VIRGINIA BEACH FINANCIAL CENTER, INC. WHEREAS, the City of Virginia Beach (the "Cit~l~ is the owner of that certain 0.97+/- acre parcel of land located at 5241 Princess Anne Road (the"Propert~~; WHEREAS, the Property was acquired for the Princess Anne/Kempsville Road Intersection Improvements Project, CIP 2-048 (the"Project; WHEREAS, a portion of the Property was necessary for the Project, but a residual area (the "Residual Propert~l~ is not needed for public purposes. The Residual Property encompasses 0.87 +/- acre and is shown on Exhibit A, attached hereto; WHEREAS, Virginia Beach Financial Center, Inc. (°VBFC has proposed to purchase the Residual Property from the City for Four Hundred Thousand Dollars ($400,000); WHEREAS, VBFC proposes to relocate an office building onto the Residual Property in such location and according to such prescribed standards as deemed acceptable by the City; WHEREAS, VBFC would purchase the Residual Property in accordance with the Summary of Terms attached hereto as Exhibit B; and WHEREAS, the City Council is of the opinion that the Residual Property is in excess of the Citys needs; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the 0.87+/- acre parcel of property located at 5241 Princess Anne Road, and shown on Exhibit A as "Residual Property;' is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute any documents necessary to convey the Residual Property to Virginia Beach Financial Center, Inc., so long as such documents are in substantial conformity to the Summary of Terms attached hereto as Exhibit B, and made a part hereof, and such other terms, conditions or modifications deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 2. That the proceeds from this transaction shall be directed to the Princess Anne/Kempsville Road Intersection Improvements Project (CIP 2-048). 45 This Ordinance shall be effective from the date of its adoption. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day 48 of _, 2010. APPROVED A;S TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY \ / ~~ ity Manager s Office City Attorney's O ice CA11543 \\vbgov.com\dFS1 \applirationslcitylawprod\cycom32\wpdocs\d023\p008\00060791.doc R-1 July 1, 2010 EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 5241 PRINCESS ANNE ROAD SELLER: City of Virginia Beach PURCHASER: Virginia Beach Financial Center, Inc., a Virginia corporation ("VBFC") PROPERTY: A residual parcel of 0.87+/- acre located at 5241 Princess Anne Road, Virginia Beach, Virginia SALE PRICE: $400,000.00 CONDITIONS OF SALE-: The Property shall be sold subject to any easements needed by the City for the Princess Anne Road / Kempsville Road Intersection Improvements Project (the "Road Project"), including, but not limited to, utility, drainage, and temporary construction. The City shall also reserve an easement for a public canoe launch, as well as the right to access the public canoe launch and use parking spaces for same. • The City, at City expense, will demolish the north half of the building located on 5241 Princess Anne Road, shown on Exhibit A as "Area to be Demolished." • VBFC shall have the right to relocate its office, currently located on an adjacent site owned by VBFC, onto the Property. VBFC shall be solely responsible for obtaining all necessary permits and approvals to move the office, including all associated costs thereof and shall have sole liability for the risk of loss. • VBFC shall move the office prior to designated dates so as to not adversely impact the right-of--way certification deadlines associated with the Road Project. • VBFC shall be responsible for obtaining all necessary approvals for the rezoning of the Property from Office to B-4K (as each are defined by the Code of the City of Virginia Beach) within 12 months of settlement. W ~' } ~ `! /~/` Z ~~~ ~. 3 U ~ ~ ,U ~ ~ i ~ EARS CR oAKM vii -o ~ c I o ~ /,~~ a~~a~i m t° ~ % .` ~ I U > ' 1~ av 3~-~~° vapi w a ~//, / N ~ ~~ ~~ ~ x ~ ~, o ,/ o ' ~ a~ ~ Q 0 ~/ ~ \ ~ ~ ~ ~ Q ~ o 7 ~ J r/r ~ °c ~ fB i U ~ Z ,v \~~ a ,~ ~ \;~I NOll~d~ /j ~~ ~ ., -~ ~ N ~ d _ N ~ ~ ~ U v ~ Q ~ •i t pJ = a d ~~ a ~ O ~ _ •~ N a' to L ..+ ~ Q. ~ i ~ O c a c d ~ ~ a a . ~ v ~ ea m ~ c m ~ ~ > z ~ ~ x o ¢ ; ~ ; wu ae~ ~~ - s c • s p{ r° CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Adjust the Funding for CIP # 1-106, the Kellam High School Replacement Project MEETING DATE: July 13, 2010 ^ Background: In FY 2008-09 the Virginia Beach City Public Schools -did not realize the full amount of estimated lottery revenue from the state for the Kellam High School Replacement Project (CIP #1-106). The amount of this shortfall was $1,690,768. However, the Schools realized additional revenue in state construction funding and interest income. The amount of this additional revenue is roughly equivalent to the lottery shortfall. The interest income from FY 2008-09 was $1,688,601, and the state construction funds included an additional $2,167 over what was expected. ^ Considerations: In order to ensure that this project remains balanced, the attached ordinance makes funding changes for CIP #1-106. With this adjustment in estimated revenue, expenditures will remain unchanged. ^ Public Information: Information will be disseminated to the public through the normal Council agenda process. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach City Public Schools City Manager: ~.... 1 AN ORDINANCE TO ADJUST THE FUNDING FOR CIP #1- 2 '106, THE KELLAM HIGH SCHOOL REPLACEMENT 3 PROJECT 4 5 WHERF~4S, the Virginia Beach City Public Schools did not realize $1,690,768 in 6 estimated lottery revenue in fiscal year 2008-09 from the State; and 7 8 WHEREAS, the Schools received $2,167 in additional State construction funds 9 and $1,688,601 in interest income. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CJTY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the funding for Capital Project # 1-106, Kellam High School Replacement be 15 adjusted in they amounts set forth below: 16 17 1. Estimated lottery revenue in FY 2008-09 is hereby decreased by $1,690,768; 18 and 19 20 2. Estimated revenue is hereby increased by $1,688,601 in interest income and 21 $2,167 iin State construction funds. 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 - ~~ L Management Services APPROVED AS TO LEGAL SUFFNCIENCY: ity ~ orney's Office CA11555 R-1 June 21, 2010 Nu ~~. ~`~ cy ~~ ~~ ~ . ~.~; ~- :s, :.. ~~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the Sheriff's FY 2010-11 Operating Budget to Enhance Inmate Services and Provide Dining Alternatives for Sheriff s Office Staff and City Employees MEETING DATE: July 13, 2010 ^ Background: Currently, the Sheriff's Office provides inmates commissary services through an outside vendor. In turn, the vendor pays the Sheriff's Office a monthly commission of 33 percent. This revenue is collected and expended out of the Sheriff's Canteen Fund, which by law is retained by the Sheriff for the benefit of inmates. A committee, chosen by the Sheriff, to look into this service, conducted a study, and the committee recommended that these services be provided to inmates by the Sheriffs Office. Additionally, it was recommended that services be expanded to include a "Care-Mart" program, "Fresh Favorites" program and a "Staff Dining" program. The "Care-Mart" program is an online ordering system that allows the general public to purchase items from the Sheriffs department for the inmates. The "Fresh Favorites" program will allow inmates to purchase a freshly cooked upgraded meal in addition to their standard inmate meal. The "Staff Dining" program will provide a breakfast, lunch, and catering service to Sheriffs Office staff and City employees. ^ Considerations: The Sheriffs Office estimates the cost to take over and expand these services for the first year is estimated to be $279,847 and possibly more in future years. This total cost includes 6.24 FTEs and operational supplies. $53,450 of Inmate Services Fund balance would be used to cover the one-time costs associated with getting these programs up and running. It is estimated that through taking over the commissary services, the Sheriffs Office will generate up to $675,000 in revenue in the first year. Since the revenue and expenditures would be processed in the Canteen Fund, it would not be appropriated. It is estimated that through these enhanced services, the Sheriff's Department will generate $226,397 in revenue in the first year and possibly more in future years. Sheriff Stolle concurs with this recommendation and feels that it creates another opportunity for the Sheriffs Office to save the City and taxpayers money during these stringent times. ^ Public Information: Public information will be handled through the normal Council Agenda notification process. ^ Recommendations: The Sheriff's Office, to enhance inmate services and provide dining alternatives for Sheriffs Office staff and city employees, recommends increasing the Inmate Services Fund appropriations by $279,847. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Sheriff City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 SHERIFF'S FY 2010-11 OPERATING BUDGET TO 3 ENHANCE INMATE SERVICES AND PROVIDE 4 DINING ALTERNATIVES FOR SHERIFF'S OFFICE 5 STAFF AND CITY EMPLOYEES 6 7 WHEREAS, the Sheriffs Department has requested to enhance and expand the 8 services currently provided to inmates, Sheriffs Office staff, and city employees. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1. $;?79,847 in additional local revenue is hereby appropriated to the Sheriffs 14 F'Y 2010-11 Operating Budget to enhance inmate services and provide 15 dining alternatives to the Sheriffs Office staff and city employees, with 16 revenue from Charges for Services increased by $226,397 and Fund 17 Balance from the Inmate Services Special Revenue Fund increased by 18 $53,450; and 19 20 2. 4 Full-time FTEs and 2.24 part-time FTEs are hereby established within 21 the Sheriffs Operating Budget and are fully covered by revenues from the 22 enhanced and expanded services provided to inmates, Sheriffs Office 23 staff, and city employees. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. Requires are affirmative vote by the majority of all of the members of City Council. APPROVED AS TO CONTENT: ~-%` - Management Services APPROVED AS TO LEGAL SUFFICIENCY: l _ i ney s Office CA11566 R-3 July 1, 2010 i i I l~ ~I r~'J^V"BEA1~ rrS~ .r +.,yHil ro`` t~ ~ux„~, ire l~' n w~y.f ~~VW~ 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 2010-11 Operating Budget of the Fire Department and Transfer Funds for the Local Match MEETING DATE: July 13, 2010 ^ Background: The United States Department of Homeland Security's Federal Emergency Management Agency has awarded the City a grant of $233,840 ($187,072 federal money with a required $46,768 local match) from the 2009 Assistance to Firefighters Grant Program. The grant funds will be used to upgrade and replace the Fire Department's extrication equipment; provide fitness training; and provide fitness equipment for the fire stations and Fire Wellness Center for the Fire Department's Health and Wellness Program. ^ Considerations: The Fire Department will provide the local match by transferring funds from its State Fire Programs/Aid to Localities grant. The performance period is April 16, 2010, to April 15, 2011, for obligation of funds, and July 15, 2011 (90 days after performance period) to complete expenditures and finalize the close out reporting process. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Accept and appropriate funds from DHS and approve the transfer for the local match. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ~~~ City Manager. ~ • 4YYf, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT AND TRANSFER FUNDS FOR THE LOCAL MATCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1) $-187,072 is hereby accepted from the United States Department of Homeland Security, Federal Emergency Management Agency and appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Fire Department for costs of extrication equipment, fitness training, and fitness equipment; and 2) Funds in the amount of $46,768 are transferred from the State Fire Programs Grant in the Grants Consolidated Fund to provide the local grant match. 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 member of the City Council. Approved as to Content ~. anagement Services Approved as to Legal Sufficiency ~~~ City Attorney's Office CA11558 R-1 June 23, 2010 ~~ ~s; ,~ ~: .~``~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Department of Homeland Security to the FY 2010-11 Operating Budget of the Fire Department MEETING DATE: July 13, 2010 ^ Background: The United States Department of Homeland Security, Federal Emergency Management Agency through the Virginia Department of Emergency Management has awarded the City a grant of $7,391, with a required $7,391 local match, from the 2009 Emergency Management Performance Grant Program. The grant funds will be used to enhance local Emergency Operations Center (EOC) functionality. The Fire Department plans to purchase web cameras for use with the City's Office Communicator software. ^ Considerations: The local grant match of $7,391 will be provided by transferring existing appropriations to this new grant as follows: Source Amount Police Department FY 2010-11 Operating Budget $2,328 Various emergency management grants in the Fire Department (for which grant reporting requirements have been previously fulfilled): Emergency Management Local Area Planning Grant* 1,167 Emergency Services VDES Fire Grant* 2,403 Determined Promise Exercise 04 Grant* 1,013 Citizen Corps CERT 05* 115 Hazard Mitigation Grant 05 365 Total Local Grant Match $7,391 * Transfer of .available funds will fully expend this grant and allow the Department of Finance to close it out in the City's financial system. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Accept and appropriate funds and approve the transfer. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ,~~ City Manager: ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2't 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT BE IT CIRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the FY 2010-11 Operating Budget is hereby amended for the purpose and amounts set forth below: 1) $7„391 is 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, for costs of web cameras for the Emergency Operations Center; 2) $2„328 is transferred from the Police Department to provide part of the local grant match; and 3) $5„063 _ is transferred from various Fire Department emergency management grants to provide the remainder of the local grant match: a. $1,167 from Emergency Management Local Area Planning Grant; b. $2,403 from Emergency Services VDES Fire Grant; c. $1,013 from Determined Promise Exercise 04 Grant; d. $115 from Citizen Corps CERT 05; and e. $365 from Hazard Mitigation Grant 05. 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 / ~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY C' n s ffice CA11563 R-1 June 29, 2010 aS~N.~ ~H • St`s '''~,~ fir "~ ~~~~ ~~ ~ ~s~ ~!~•- 4~~~~ f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the FY 2010-11 Operating Budget of the Department of Emergency Communications and Citizen Services MEETING DATE: July 13, 2010 ^ Background: In November 2009, the Emergency Communications and Citizen Services (EGGS) Department was informed that the State Wireless Services Board was considering a change to the funding formula for wireless E-9-1-1 revenues that are distributed to all public safety answering points (PSAP) throughout the state. The proposed change to the #unding formula would have reduced the allocation to Virginia Beach by an estimated $400,000. Due to this possible reduction in funding and the bleak projections for other revenues for FY 2010-11, ECCS was asked to reduce their budget request by $400,000 to offset this potential reduction in revenue. After several meetings and delays in the vote by the Wireless Services Board, the Board has decided to leave the PSAP funding formula unchanged for FY 2010-11. In addition to not changing the funding formula, the Virginia Information Technologies Agency (VITA) has estimated wireless revenue at $100,000 above the City's original revenue projection. ^ Considerations: ECCS requests $343,357 be added back to the ECCS budget, and the remaining $156,643 will be placed in the General Fund Reserve for Contingencies. This will allow for the restoration of the following reductions that were made in the FY 2010-11 Budget: • Two positions in E-9-1-1; • One 3-1-1 position and contractor hours; • Master/Senior Public Safety Emergency Telecommunications Career Progressions, thus increasing these employees level of responsibility and their PaY; • Computer Aided Dispatch (CAD) Mobile Com Maintenance/Support Costs; • Certification costs and mandated training for accreditation through the Commission on Accreditation for Law Enforcement Agencies (CALEA); • Full funding of the required Language Interpretation Contract; • Vendor support costs associated with the 3-1-1 telephone number; • Print Shop Charges for the Consumer Services Guide and required manuals; • Uniforms; and • Operations Center Furniture Replacement In addition to the restoration of these items, the department is currently negotiating a new contract for the City's reverse 9-1-1 system (VB Alert) which will reduce the price of this service. However, funding of $35,000 is needed to bridge the gap until the new contract is approved. The Wireless Board is seeking legislative changes that could amend the funding formula for FY 2011-12, and this change would reduce Virginia Beach's allocation. Due to the uncertainty of this funding source and the City's inability to supplant this funding if the wireless revenue is decreased in FY 2011-12, the funding for these three positions will be contingent upon the continuation of funding from the state. ^ Public Information: Information will be disseminated to the public through the normal Council agenda process. ^ Attachments: Ordinance Recommended Action: Submitting DepartmentlAgency: ECCS ~X7 City Manager S ~ ' o~(~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY COMMUNICATIONS AND CITIZEN SERVICES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: (1) $343,357 is hereby appropriated, with state revenues increased accordingly, to the FY 2010-11 Operating Budget of the Department of Emergency Communications and Citizen Services for restoration of programs and services; (2) $156,643 is hereby appropriated, with state revenues increased accordingly, to the FY 2010-11 General Fund - Reserve for Contingencies; and (3) Three full-time employees are established in the Department of Emergency Communications and Citizen Services contingent upon continued funding of wireless E-9-1-1 revenue. 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: Management Services APPROVED AS TO LEGAL SUFFICIENCY: ity A ey's Office CA11565 R-2 June 30, 2010 K. PLANNING 1. Application of CLAIRE L. FRIEDBERG for the closure of an unimproved portion of Loretta Lane (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 2. Application of KOGER LIMITED PARTNERSHIP I for a Conditional Use Permit re an auto service and fuel station at 3330 Virginia Beach Boulevard (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 3. Application of CATALDO INDUSTRIES, III, LLC and JOYCE ANNE UPTON for a Change of Zoning District Classification from R-7.5 Residential District to Conditional O-1 at 4329 Bonney Road (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION 4. Ordinances to AMEND the City Zoning Ordinance (CZO): a. §§203 and 236 re off-street parking requirements PLANNING COMMISSION RECOMMENDATION STAFF RECOMMENDATION b. § 111 re definition of "family" RECOMMENDATION c. § 104 re civil penalties for zoning violations RECOMMENDATION APPROVAL APPROVAL DEFER TO 8/24/10 APPROVAL APPROVAL d. §501 and ADD §209.2 re Temporary Family Health Care Structures as accessory uses and apply regulations for single-family dwellings in residential districts RECOMMENDATION APPROVAL 5. Ordinance to AMEND the Landscape Guide re bicycle parking and permeable pavers PLANNING COMMISSION RECOMMENDATION APPROVAL STAFF RECOMMENDATION DEFER TO 8/24110 J~^"~y~ L~~ :r: y~ ~':~ , .;' ~•v NOT{CE OF PUBLIC BEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, July 13, 2010, at 6:00 p.m. The following applications will be heard: LYNNHAVEN DISTRICT Cataldo Industries III, L.L.C./Joyce Ann Upton Application: Change of Zoning R-7.5 Residential to Conditional 0-1 Office at 4329 Bonney Road Comprehensive Plan: Suburban Area. Proposal: office and child care- Kroger Limited Partnership I Application: Conditional Use Permit for automobile service station/fuel sales at 3330 Virginia Beach Boulevard. BEACH DISTRICT Claire L. Friedberg Application: Street Closure for a portion of Loretta and Millers Lane. CITY OF VIR6lNifi BEACFI Ordinance to amend Sections 203 and 236 of the City Zoning Ordinance pertaining to off-street parking requirements. Ordinance to amend the Landscape Guicle h;' the inclusion of amendments pertaining to bicycle parking and permeable pavers. Ordinance to amend the Section 111 of the City Zoning Ordinance pertaining to the definition of "Family." Ordinance to amend Section 104 of the City Zoning Ordinance pertaining to Civil Penalties. Ordinance to add Section 209.2 and amend Section 501 of the City Zoning Ordinance regarding Temporary Family Health Care Structures as Accessory Uses for Single-Family Dwellings in Residential zoning districts and setting forth regulations for their use. 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 htta~//www.vb~ov.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 OFFICE at 385-4303. Beacon June 27 & July 4, 2010 21452549 ~ ~ s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance approving application of Claire L. Friedberg for the closure of an unimproved portion of Loretta Lane beginning 129.51 feet west of Millers Lane. DISTRICT 6 -BEACH. MEETING DATE: July 13, 2010 ^ Background: Claire L. Friedberg, the applicant, requests closure of an unimproved portion of Loretta Lane located 129.51 feet west of Miller Lane. The area proposed for closure is an unimproved right-of-way. ^ Considerations: The applicant intends to incorporate the closed area into the surrounding property (GPIN's 2417-44-3944-0000 and 2417-45-0375-0000), which will allow the applicant to develop the consolidated properties with only minimal negative impact to the Chesapeake Bay. A portion of this roadway and portions of the surrounding properties are located within the Chesapeake Bay Preservation Area (CBPA) and the Resource Protection Area (RPA). Gity regulations currently restrict development in this area in order to protect the Chesapeake Bay. Approximate limits of the CBPA are shown on page six of the attached Planning Commission report. The applicant will move through the CBPA review process upon the approval of the closure of this right-of-way. Typically, such review would occur before a request is heard by the Planning Commission; however, since the applicant does not own the right-of-way and the right-of-way is shown as part of the development site, the applicant cannot yet begin the CBPA review process. Thus, this street closure request has been submitted so the applicant can gain ownership of-the right-of-way area. The Viewers have determined closure and abandonment of a portion of the right- of-way will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. Due to existing regulations and desires to protect the Chesapeake Bay, staff does not anticipate that Loretta Lane will ever be extended past the current terminus of pavement. 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 9-0, to recommend approval of this request to the City Council with the following conditions: Claire L. Friedberg Page 2 of 2 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of--way this approval shall be considered null and void. 5. An easement shall be provided to allow access to GPIN 2417-45-0375-0000 through GPIN 2417-44-3944-0000 from Miller Lane or GPIN's 2417-44-3944- 0000 and 2417-45-0375-0000 shall be combined. A plat shall be submitted consistent with the requirements of this condition and shall be approved for recordation prior to final closure approval. ^ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location !Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage ~ , ~.. ~~a .~s~ ._ ~~~_ ~~~ L~r~ttw 1191 -. _ .. ' ,~-~---- ~~ ~~ ~~~ ~ ,~' "~~ rIL~ Ir~hF .~ .~ '~ ~ _ 1~ 4 3 June 9, 2010 Public Hearing APPLICANT: CLAIRE L. FRIEDBURG STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of a portion of Loretta Lane west of Miller Lane. ADDRESS /DESCRIPTION: Property located on a portion of Loretta Lane west of Miller Lane. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to 2417443944 BEACH 18,458 square feet Greater than 75 d6 DNL and 2417450375 Accident Potential Zone 1 (APZ 1) SUMMARY OF REQUEST The applicant requests the closure, discontinuance, and abandonment of a portion of Loretta Lane west of Miller Lane. The applicant intends to incorporate the closed area into the surrounding property (GPIN's 2417-44-3944-0000 and 2417-45-0375-0000), which will allow the applicant to develop the property with only minimal negative impact to the Chesapeake Bay. A portion of this roadway and portions of the surrounding properties are located within the Chesapeake Bay Preservation Area (CBPA) and the Resource Protection Area (RPA). City regulations currently restrict development in this area in order to protect the Chesapeake Bay. Approximate limits of the CBPA are shown on page six of this report. The applicant will move through the CBPA review process upon the approval of the closure of this right-of- way. Typically, such review would occur before a request is heard by the Planning Commission; however, since the applicant does not own the right-of-way and the right-of-way is shown as part of the development site, the applicant cannot yet begin the CBPA review process. Thus, this street closure request has been submitted so the applicant can gain ownership of the right-of-way area. CLAIRE L. FRIEDBURG Agenda Item 3 Page 1 The applicant proposes to convert the public street into a private roadway or internal access driveway. The proposed plan will allow access to GPIN 2417-45-0375-0000 through the parcel with GPIN 2417-44- 3944-0000, and access will be provided for all lots that currently have public access. This redesigned access will allow the applicant to develop outside the Resource Protection Area (RPA), which is the most sensitive portion of the CBPA. A proposed master plan for the access road and development on surrounding properties is provided on page seven of this report. The plan is being provided only to indicate the proposed ultimate development of the right-of-way and the purpose of the closure request. The plan is not a subject of this application. The properties surrounding the road are currently zoned I-1 Light Industrial District, the applicant, therefore, can develop an office/warehouse by-right and without additional City Council action. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North:_ Vacant land / I-1 Light Industrial District USE AND ZONING: South: Vacant land / I-1 Light Industrial District East: Loretta Lane West: Vacant land / I-1 Light Industrial District NATURAL RESOURCE AND This site is heavily treed and is unimproved. A significant portion of the CULTURAL FEATURES: road is located within the Chesapeake Bay Preservation Area. No development is currently being proposed; therefore a Chesapeake Bay Board approval is not required for this application. If and when development is proposed, Chesapeake Bay Board approval will most likely be required. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIPj: There are no transportation issues or CIP issues related to this request. WATER & SEWER: There are no City water and sewer issues. PRIVATE UTILITES: There have been no objections to the proposed street closure. CLAIRE L. FRIEDBURG Agenda Item 3 Page 2 EVALUATION AND RECOMMENDATION The Viewers have determined closure and abandonment of a portion of the right-of-way will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. Due to existing regulations and desires to protect the Chesapeake Bay, staff does not anticipate that Loretta Lane will ever be extended past the current terminus of pavement. The proposed street closure is, therefore, recommended for approval with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. An easement shall be provided to allow access to GPIN 2417-45-0375-0000 through GPIN 2417-44- 3944-0000 from Miller Lane or GPIN's 2417-44-3944-0000 and 2417-45-0375-0000 shall be combined. A plat shall be submitted consistent with the requirements of this condition and shall be approved for recordation prior to final closure approval. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. CLAIRE L.: FRIEDBURG Agenda I#em 3 Page 3 ~" ;frl N ~> i~~ -~~ ~ ~ ~~~..~ ~. ,...~, 4 ~ _ ~_ ;.~I" as `. r .~f > ` w'S~ N~ , ~~~ ~~ '~ 1 i j~ ~ ~~ . ~ U ~. =~ n AERIAL OF SITE LOCATION CLAIRE L..FRIEDBURG Agenda Item 3 Page 4 Approximate Chesapeake Bay Protection Area Limits (Inside Dashed Line) APPROXIMATE CHESAPEAKE BAY PROTECTION AREA LIMITS CLAIRE L: FRIEDBURG Agenda Item 3 Pale 6 Resource Protection Area Limits ~ .. _ a _~ .. is 1 \ -T`` m ~ ~.~.... .. W~~-.~.,~...__. ~ _ ._, _. ..1., ., ~d~.~. , i i a. ~ ,. --~ ~ ., ., , - ~ ~~: ~ 4 .~ ._~;.~._.. _,,..,,~a..;.. ~.. '~ ? ... z .~? ., .., .. ~.. =~~.i ', ~ ~ -~ ,~` ~' P~~ ~~ '. ~ ~ 7`;... k~; 3.~.. ,,,, POTENTIAL PLAN OF DEVELOPMENT SHOWING POSSIBLE USE OF CLOSED RIGHT-OF-WAY CLAIRE L: FRIEDBURG Agenda Item 3 Page 7 T.... --~ :t ~ ~„~ ~ ~~„ ~~ -~ _ _~~ ~~ ~~ A ~., ~ - ~- ..,__ -~,..~_ > ~ .~ t~l~ 1 ~~"r~ Loretta -L>an~ 1 APZ1 °~ APZ 1 ~ ~ -_ _~~~ ~` ~ Loretta Ln. ~ yyyyyy€ ~~ # ~~ ~.~~'; ~, f =~ ~f ,..~ ,~. _~_. __ , , ~, , ~ ,F~ :.~ ~- f ;:~~ ~______ ~~ ~,~. Nng with Gondttiuns: Proffers # DATE DESCRIPTION ACTION 1 08-08-00 Conditional Use Permit (fiber-o tic transmission facili Granted ZONING HISTORY CLAIRE L. FRIEDBURG Agenda Item 3 Page 8 O U ~-: R~y~ 6 P4 O a V w :~ ~ 1 ~ C L ~~ ~ ~ L.~ F2 ~ ~ 7,"~t 3 E 1`~1 E ~(7" AF'F"~ICAN 1 L~iSCLiJSt)R~ it .. .~~., .,~~~r~t .t,.r f;~, . ~ ,...~a• ~ e r ,,. >:~~:;oz.,`_ :rsc, i to 'r; ' ,,1~,~,r;'~ ~l:rl ~~ I' ,i~IC:_1 i_.., ,.. .a:tlt?:1.lt ~i, >... „` x111. a., ~ yy,, ~ ,~h;tk~n~7, ,ac ~1:'.. , `1~.. 7~. _~i~ c!"~ , ~ r1 f~.'. .,..ail- _ C:r~?ir~~ L. ~. er ~. ;.~ -::lfl&~~~~;1 .f :~:3( ~..t,~~' ci ~ i ?~a .J. ~ ,1; i.i~. );';e ,ti , _ .. _.. .~ .~",:'.A~"~ t~fd.n_tts~11~ ,~ixt~ ~t~~ a~:~~(ic.~ni.: ~1~t~:.~_,' ~;~ ,r, ~a ~ , ~,; Li (;t1E3G#C f'}@T'~ t~ ~}1~' i'~~tCc~Il~ IS ~Orc3 Gd~!~'OC3it' ... tri';, T„ 3~, Gtr CF#9~~5 U."1ltlGt~i~?C3C~~~{'~ C3C~C3I?#3~iZJC1. ~Ft©P~R7Y OVYNER L?tSCLG75Ft ~„ '`'~Fc ,'t ~~ .?-~~i+~" ~iri`T_ '.~ Cit~'~t±3d°. ,'i+.,^ _ - f .~..~..s:.rr:~ratt;.:9 i~~i;~~ri~: <;i'~~an, ~~.. },h,c. }'F.. `.,~~~i~irt~~_ r~.. ~f,e [~fup ~a~,tc~ .. ~ E=Fi~; l~Yt~~ fi3; _ ~~~~ . ~ (i~te' ~ t~ ~ ~ tl~~ ~ ~ ~ ~.~.. =zf,r.;, } ~ ~+ y ~ ~ CC1 i~c"' r,il((iidfV~'*w~(,.Y+~ ~~5~'~f~ ~J~~.. ( .~y y... f i «I . ' ~ J1" bE ~~ ~,~ , IF ,` ~vt~ ~~r~nt- -( ~r~,. . ~ ~ t ,., ~. ~ ,. .~ ~~m~ t ~_ ~_~_~ ___ ~ _ _ _~ ~°:_. ~; 4_ CLAIRE C. FRIEDBURG Agenda-Item 3 :.Page 9 C~IS~~.C?SURE 'TATEM~NT AgDEI"ifJKAL C?ISCLt~U~.ES Liat ~H krti~twrt ~t~ntr-ae,.~rs err b~:;nt ,,~,es tnat havi; ter r.~~l(pr~ .~~_:: ,._ _. ~~n~1~ r s~~~~i to the rer~ueste~ prc~pe~t use ~~~,ca~ding E/ut nat [imlt4 d ~~~ tht ~r ~r< ,~ ~t~°,rt~ ,t~irb~. 5~1~'IC~~, rE?eit 85tat~ servlC,£S,`f1:11C.~~S~tl~iC~?~, ctL;;~t,:rttrtr~ Sit ~.._:;, ~lCtC~ I~~r~r ~r~.tc.~5~ {r~ttaGh Etst [f t~ece3sar}') F'i~;i~er Titie3 -Title Serve T:..~: , • .. ~ :a<ir ~dt~rs L~~' -- L.egsl :: ~rvi A+l~i, ~ i.r~ tip: Slrse.v:;r<s ~.d ~ci ~~ -~:;~ -- 5t3r~eytctg;saavic~s ' `Far~nt-subsrdiaFy~ retationsf.ip" rrseans w~ r~fatr~nst;ip ins:; ; ~ ist;~ °~rP~en anF~ tx~rpc>r~cfion Directly ~~ inCiirt3:tiV awns shares 3asse3sirr~ tttore than 54 purcenf Uf ine voting r`r;f1':=-' pf e'3rlatfi@~ GOt~~rat[aE~ " 5~€? Stxnfe and ;_OGc'~l ~`%`tF~rrk€n~n! ~sC~stNGi Ctt ~T'et£sCtSfs 1iCt~ ~~_ `xffi:i:jted !;t;;;Inf3S~ erFtty tet;~:trir~;ht~," means "a re€~nsh't~, p~h~r tna~:: ,, ~: SUbd`Iary relaticnshi~., ttrat exists whtri {i,, o•~+;~ l.'u;irtess ertUf~ has a ;:r~ritrallii v r,v, ~ ~' ,- interest ~~ ?'rc other business entity, (~i) ~, ~:~ntraiiing awner in cne entity ~ -,s ~r 'e~r'~itaEil ~~ ~:;~~rst._ rn ~i:~e o~'rer entity, or (iii'} there is shared ~ar?agement or cantral be isv~,n~°' f~f= ~ ,Yss +t~iti? ' . r ~,~aora that sttaurd be canaidered in detsrmirin~ the exisYanca f,~ a~ ,"; .:~~«. _.~.~:~ . ,:~.: ,~~ .: rei<ationship incit~de trial the samr~ perm rsr ~ut3stanttiaitX t~r~: sar^- : - ~_~-,~ Gw.~n ,~ .~~; ~:+'c tt~ e.~o enttttes,' t~ttr~ a~ Gammon ar~arrtmtngied funds err e~~=r_ . t3tr Jir ~;, ~r s sh~~e the use cf the se,-ne offices a~ t;n~p6ayaes ar othc ~ris± , ~<: res:.,~rc~.,. cry ~ t serir;a4 ~ r~uiar t~asis:. r thy, : i3 pihervV~isE a ci©sr. °r~o; hi . re ~ .' .;ra t~ptM~ar°~ tr.- erutties." Stirs Mate and Lcx:tti t,::tvernrrkestt ~onflici flf lrttFresiW ~..::t,'tia. t ~ ;~: CERI'IFECATIOIv1: 1 c~:rtit~ tts~t intotmatic~tt ctsrt,ditl9d hertarr, i~ true ~ + ~cx ,r tt€ 1 Cdr ~ut:~a~ tha o~~ar rrac~~t csrrtpEifit;ai~rt flxrs ~rd< 1'rraE iYre apptecation to a, f~ s hct~lt~t~ ~,~ #~ _ ~-i~ y i um res~onsiE~ie i~r ~~iarniny ~n~.t ~ts,~ra,a tttc~ r4y;~ar ~ci ~i~,, oe, 3t ~.r f: r r ~~; ~,- ,~;~, lsnar Yc tnf= schr~d.ift~:~ puE~t~ Me~rin~y x~ir a fu ttsa rrstre~ctzrn75 r r~i ~.~, ~ _ . Cptt3errt~ t~;~ t~ti:ry ~;~ri thv s~i~jc3Gt Fig=rtY Cry ~^ rp.~ ~ ~. u' .f t. ;;, , ~u f-~,r -g :-. ph_~i:-at:~t:h tired ti°ie:~h tha s~tta':~r iaur~ ~t' pfrsc~~ir .~ ~; ~:.~.t[u.rt=rice t ~., ., : ,..,:~~ . ftacr~r L. ~ r ~ . ~:,~, _~ a ----- rit~;...r?~a. 5~; .t;r ij;inl ti~Rr{. ~;. TrPp ~. r.'~ ' i ca, , C~~racr ~, ]+t: ,. , ~ if ,i~ ~ . _:~t ttean applicant} F~nrit Narns ~rx~-;:r .,a~~ ., Pf., z 0 U .-.. a ~-I¢ O a v N w N CLAIRE L. FRIEDBURG Agenda Item 3 Page.:.10 . _ ~ __~, _ s ~3-lt- L..tJSt1R1=. ~-I"~TEIv~~.IT w~ffi~.- .~..~_ _~--- . _ - - f~C1LtTtC7NAl~ ~tSCLt~SUR~S ~.lSt r"1~ 3irE~'NCt GC1tC~+/ifjt'S Ot' Ut~Sflf'.SS~'S t~lat h8'vt. LSC .'~'Ii+'~r~k'~`t`,~- = ~ ,,'~ .i~f!tt'9 ir?7E r~:".~ to tie r~equesti~~ pro~~rt~ ~~~~, irscludir~ taut r, ~` 1~mltr~;~ t+~ ttif: ~,~ ~.,.. ~<, ~f a;-rl ; _ ~t; ~:_~, ~~r~rs=~s, rya! e~t~te services, financial S~rvrri_ :, ~c:~untcr,~ :, <. ~rr~ {~:; S~t"J3~~8: (ntt~3Ch ~tSt If tl@C8SS8t"}~~ i~lt'Tr«~Hf ~ Itl~ - ittF* Sort tC.ay ""' i"r~utmar, S . ,dc _r~ ._ Lc~ai S~tVcx~~ i`dtir; A1~~r~trL• `~~ir~W~; r:r - ~.2rtd t~~Kjtt ° ygyt~ S~tVtt'~5 `r~ar~snt-subsidr~ry ratattr~~s?;;p ~rr~4}r "- reiatiOnsFi~ that ~;~ ,; *~ r ~° ~:>~sriiti~~r~ c~ireCtly :~r ir~~ir+~ctiy t~,~tt~rs st~rc: ~ ~ ~:,se~sitic~ rrtvre th;~n ~ a, ~. t t? ~. : ~ .;: p:~wet ,af ar,atfler Cotpat#vn."' Stdtig 8t~t t~ ~I cvernrr3er7t (;ritttr`' :,~ ' .t. , ~~.; ~ ,i °t, . +.'tl~it3t4C} t3(;5talh~S4 E!nt~t`f ffIat337",$t31« t l{:c~`i:r w~ rf'k1t}"~nStl!}-~, i3t.'le3a' {rkC r` ~1~~'tTi'° .,..;::,~. , :~1(a±icrn5h~ ,that +3xists when ~~ Orte hu$iness s=il=ty has a tx~ri, „~' .;tt c~wrlti^rst ;;: l~+StYre3S' to the ~t~e£r ~r~~in@SS ~ntfty. (Vrj 3 ~r'ftfGii}t`t~ >o~vner r(. CSne ~Gr1ilt}~ a : ,~i`.;ii :? {;~'iT3ti~Ffl{tti) t~wner in the Other entity= ar {iii; There is shard rnarra~ement cr cxznt t~t~Frec:~ ttte t~i4;r~<~.;~. ?ntdtt~r. FaCors that shOUid t7e oOnsicieri?ti in dat~rmining the existsn~ Of a!~ af?ttiate hiJ<!^~rs e~tifiy ralatian~t:ip incline that the same person at sutstanti.alty thr. _>ame perrc~,`. uwn yr ;rlar;aa~a the tavo entitf~rs; there are er~rrirrior~ or ~mmiry:ac fur,ci~ rar a~sti~,;; tt~~: ,nisi `e~~ e=.~tias sh~arc~ the use of the same o~ces ar c~rri}~4oyees er c,~, ~~ + ~, ~ti~~:~, t~s.~urc~ s ~,r,3r~,;;vnrrei un a regular basis; of there ss r3ttterwis~ a co"~ .., ~. ~ _.::;:.Ort,~tjr „ ,wt~r;n khr~~ ~:rrtiftes." See Stag ar~d Ltacai ~rrtment C.Onflict of trt+ t~ . ~ , _. '~xi~ ~ERTt~l~~t"flt}N; . -:~: ~ that tt~ lntarmatr~tr ~;;r,~ar.~~i 'rre:~~; . is t=ie arxt ~«.:.: <~t~~ 1 u +~ '~~a: vt3 tf;zit~ Ut+» rs,~i:~~t rJt tt~bfK.~tttat (jx~Slcar~}that iht~ ;-:.r ~ ,;,'may h t c;raCt ity,",f~rt~,~ ~,,.;,,, ! <.~rr,g ! ;?:m rF ;t~~,: -rs:bia tc~r asfauiirr~ arm ~Stirr~ The rc~.} ..rte[ ..~:~~t fzil'~ I~t~c : Gtp, .,y ~. '.rte.,, , ~,'~~/~ r I47 ih~ Sr; ,~+t~€~'! ~KytFIIC hcvc'itttl~ c'3Sxorz1[r~ to CP.c' t>'kStt'S~~3v ., . ttir. ~ ":k:i b _ hF- .~~; ~~ a .: ~l~ ~r~~s~orit~ : , ~±rxfr~ i;~ri th~:~a5}ESti ~rtrpetty try c;, r,;,3~„ ~E:~c ~ ~ .~~, t,r ~ ~. , ~, ~~ ~ ,~~rs{-:r~ .~:r .. ~.:~ t~~: ~.ii~ tc•~ ~rpta~~~ ~f psr~ R-.,~r,~ ~sttt ~s+:.: .~~,~~~.~ ~i .~,~, i ~,. ~~,~;r.,~~ ..:~ i~G~`~ nt~._- _- ;~r'ivrer~: t'1~3Ci<7~{3ttC~tlt) .~~.,~~,r L. r , : yt t~tarryt~ .tany~s t~`s1 Ir.t~GSr Prii3t t1~3tY13~ ~ _ D F:. z 0 V a O a U N w H v~ CLAIRE L. FRIEDBU'RG Agenda I#em 3 Page 11 Item #3 Claire L. Friedberg Discontinuance, closure and abandonment of a portion of Loretta Lane beginning 200 feet west of Millers Lane District 6 Beach June 9, 2010 CONSENT Janice Anderson: The next matter is agenda item 3. That's the application of Claire Friedberg. This is an application for a closure, discontinuance, and abandonment of a portion of Loretta Lane, and this is in the Beach District. Welcome Mr. Beamon. Robert Beamon: Thank you Ms. Anderson. For the record, my name is Robert Beamon. I'm an attorney here in Virginia Beach, here today, on behalf of the applicant. We've had a chance to read the conditions, and they are acceptable, and we appreciate being placed on the consent agenda. Janice Anderson: Thank you Mr. Beamon. Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Chris Felton to review this matter. Christopher Felton: Thank you. The applicant, once again requests closure, discontinuance, and abandonment of a portion of Loretta Lane, west of Miller Lane. The applicant intends to incorporate the closed area into surrounding property, which will allow the applicant to develop the property with only minimal negative impact to the Chesapeake Bay. The applicant will move through the CBPA review process upon approval of this closure ofthisright-of--way. The applicant proposes to convert the public street into a private roadway for an internal access driveway. We've reviewed the application, and it meets all the requirements. Staff is unaware of any opposition, and staff has recommended it for approval, and we concur. We ask that it be placed on the consent agenda. Janice Anderson: Thank you Chris. I have a motion to approve agenda item 3. Joseph Strange: Do I have a second? Phil Russo: Second. Joseph Strange: A motion has been made by Commissioner Anderson for approval of the consent agenda item and seconded by Commissioner Russo. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS ABSENT FELTON AYE Item #3 Claire L. Friedberg Page 2 HENLEY AYE HORSLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: B~/ a vote of 9-0, the Board has approved item 3 for consent. -~ SOUTH ZONE - NAD 1983 / 1993 HARN NOW OR FORMERLY BIRDNECK OFFlCE AND INOUSTRW. PARK, PARCEL 3-C-3-82 (D.B. 4510, PG. 337) (M.B. 289, PG. 26-27) _~N~,~~ ~ GPIN: 2411-44-0968-0000 '~~~CA~ Ilc. No. 002674 a3-is-io a 100 200 300 scnLE: ~'=100 ~~ ~i IRF =IRON ROD FOUND IPF =IRON PIPE FOUND °RNL FOUND" =RAILROAD RAIL SECTION SET VERTICALLY O.B. =DEED BOOK M.B. =MAP BOOK PG. =PAGE ~~ ~v N ov~'~s' w ~eo.~' (oA) X0.93' NOW OR FORMERLY CLA1R L FRIEOBERG, ETAL PART OF PIAT 6 AND PLAT 7 (D.B. 1216, PG. 296) (M.B. 154, PG. 89) (M.B. 7, PG. 89) GPIN: 2417-44-3944-0000 MILLER LANE (50' R.O.W.) (D.B. 2208, PG. 1423) (M.B. 154, PG. 37) 3 N ~~_ y~ Mf ~ `~ o~ ~ ~~ ~~~ N ~ ~~,~ W~~v ~~~ ~~v ~~~ NOW OR FORMERLY CLAIR L FRIEDBERG, EfAL PIAT 21 (O.B. 1216, PG. 296) (M.B. 87, PG. 31) GPIN: 2417-45-0375-0000 NOW OR FORMERLY LORETTA LANE, LLC PIAT 19 (INST. X20060804001185440) {M.B. 87, PG. 32) GPIN: 2417-45-4343-0000 ~ LOREITA LANE (60' R.O.W.) (M.B. 7, PG. 89) {M.B. 164, PG. 40) (FORMERLY "MAPLE AVE.") SURVEY OF AREA TO BE CLOSED CLAIRE L. FRIEDBURG Agenda Item 3 Page 5 1 ORDINANCE APPROVING APPLICATION OF 2 CLAIRE L. FRIEDBERG FOR THE CLOSURE OF AN 3 UNIMPROVED PORTION OF LORETTA LANE 4 BEGINNING 129.51 FEET WEST OF MILLERS 5 LANE 6 7 WHEREAS, Claire L. Friedberg (the "Applicant") applied to the Council of 8 the City of Virginia Beach, Virginia, to have the hereinafter described unimproved right- 9 of-way discontinued, closed, and vacated; and 10 11 V'UHEREAS, it is the judgment of the Council that said right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 18 - SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, 21 closed and vacated, subject to certain conditions being met on or before one (1) year 22 from City Council's adoption of this ordinance: 23 24 All those certain pieces or parcels of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "PART OF PROPOSED STREET CLOSURE 27 ('16,702 S.F./0.383 ACRES)" and "PART OF PROPOSED 28 STREET CLOSURE (1,756 S.F. / 0.040 ACRES)", shown as 29 the hatched and cross-hatched areas on that certain plat 30 entitled: "EXHIBIT OF PART OF LORETTA LANE PLAT 21, 31 PLAT 7 AND PART OF PLAT 6 (D.B. 1216, PG. 296) (M.B. 32 164, PG. 40; M.B. 87, PG. 31) CITY OF VIRGINIA BEACH, 33 VIRGINIA", Scale: 1"=100', dated March 16, 2010, prepared 34 by Mid Atlantic Surveying -Land Design, a copy of which is 35 attached hereto as Exhibit A. 36 37 38 GPIN: 2417-45-0375 and 2417-44-3944 i 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 1. The City Attorney's Office will make the final determination 45 regarding ownership of the underlying fee. The purchase price to be paid to the City 46 shall be determined according to the "Policy Regarding Purchase of City's Interest in 47 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 48 are available in the Planning Department. 49 50 2. The applicant shall resubdivide the property and vacate internal lot 51 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 52 must be submitted and approved for recordation prior to final street closure approval. 53 54 3. The applicant shall verify that no private utilities exist within the 55 right-of-way proposed for closure. Preliminary comments from the utility companies 56 indicate that there is a gas main that crosses the area proposed for closure. If private 57 utilities do exist, the applicant shall provide easements satisfactory to the utility 58 companies. 59 60 4. Closure of the right-of-way shall be contingent upon compliance 61 with the above stated conditions within one (1) year of approval by City Council. If all 62 conditions noted above are not in compliance and the final plat is not approved within 63 . one (1) year of the City Council vote to close the street, this approval will be considered 64 null and void. 65 66 5. An easement shall be provided to allow access to GPIN 2417-45- 67 0375-0000 through GPIN 2417-44-3944-0000 from Miller Lane or GPIN's 2417-44- 68 3944-0000 and 2417-45-0375-0000 shall be combined. A plat shall be submitted 69 consistent with the requirements of this condition and shall be approved for recordation 70 prior to final closure approval. 71 72 73 SECTION III 74 75 1. If the preceding conditions are not fulfilled on or before July 12, 76 2011, this Ordinance will be deemed null and void without further action by the City 77 Council. 78 79 2. If all conditions are met on or before July 12, 2011, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. a 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if 83 any, that may be requested to convey such interest, provided said documents are 84 approved by the City Attorney's Office. 85 86 SECTION IV 87 88 A, certified copy of this Ordinance shall be filed in the Clerk's Office of the 89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 90 OF VIRGINIA BEACH as "Grantor" and CLAIRE L. FRIEDBERG and JAMES W. 91 MELCHOR, as "Grantee." 92 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this 94 day of _ , 2010. CA11414 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D016\P007100059674.DOC R-1 _ June 16, 2009 APPROVED AS 1fO CpNTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 RXHTRTT nAn 1. THIS SURVEY WAS PRODUCED WITHOUT THE BENEFIT OF A TTTI.E REPORT. 2. BEARINGS INDICATED HEREON ARE REFERRED TO THE VIRGINIA STATE PUWE COORDINATE SYSTEM, SOUTH ZONE NAD 1983 (1993 HARN). THE CfTY OF VIRGINIA BEACH CONTROL MONUMENTS USED WERE P3 113, 134-0084, 2417-5 AND P5 118. 3. THIS PLAT IS BASED ON AN ACTUAL FlE1D SURVEY ORIGINALLY PERFORMED IN DECEMBER OF 2007 AND UPDATED IN DECEMBER 2009. 4. NO WETLAND MARKERS WERE OBSERVED DURING THE FIELD SURVEY. 5. UNDERGROUND UTILITIES ARE NOT SHOWN AND WERE NOT INVESTIGATED. 6. THE LINES SHOWN HEREON DELINEATING LORETTA LANE (FORMERLY MAPLE AVENUE) ARE BASED ON THOSE LINES INDICATED IN M.B. 87 AT PG. 31 AND M.B. 87 AT PG. 32. THERE IS NO CLEAR INDICATION OF ANY STREET CLOSURE HAVING BEEN AFFECTED ON THE ONES AS SHOWN. VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE - NAD 1983 / 1993 HARN NOW OR FORMERLY BIRDNECK OFFlCE AND INDUSTRUIL PARK, PARCEL 3-C-3-82 (D.B. 4510, PG. 337) (M.B. 289, PG. 26-27) ,.,w.._ GPIN: 2417-44-0968-0000 .T H ~''~~l~~d rff~!'t . CA1~ Llc. No. 002574 03-15-10 SUgV 0 10T0 200 300 rw rt' c2!! SCALE: 1 "=100 IRF =IRON ROD FOUND IPF =IRON PIPE FOUND 'RAIL FOUND' =RAILROAD RAIL SECTK)N SET VERTICALLY D.6.~= DEED BOOK M.B. =MAP BOOK PG. =PAGE N OV36'39' W 38093' 15093' NOW OR FORMERLY CLAIR L FRIEDBERG, ETAL PART OF PLAT 6 AND PLAT 7 (D.B. 1216, PG. 296) (M.B. 154, PG. 89) (M.B. 7, PG. 89) GPIN: 2417-44-3944-0000 M OWG ~. ~. ~~ ~~ ~ ^- ~v w .W ~~~~ ~_ ~ ~ ~ ~ ~ ~~7 ~~~ ~~~ g" ~~ W e M~~ y~x,~~pp~ G 6~ I~ 2 NQW OR FORMERLY CLAAR L FRIEDBERG, ETAL P1AT 21 (O.B. 1216, PG. 296) (M.B. 87, PG. 31) GPIN: 2417-45-0375-0000 NOW OR FORMERLY LORETTA LANE. LLC PLAT 19 (INST. X20060804001185440) (M.B. 87, PG. 32) GPIN: 2417-45-4343-0000 MILLER LANE (50' R.O.W.) (D.B. 2208, PG. 1423) (M.B. 154, PG. 37) EXHIBfT OF PART OF LORETTA LANE PLAT 21, PLAT 7 AND PART OF PLAT 6 (D.B. 1216, PG. 296) (M.B. 164, PG. 40; M.B. 87, PG. 31) CITI' OF VIRGINIA BEACH, VIRGINIA MARCH 16, 2010 LORETTA LANE (60' R.O.W.) (M.B. 7, PG. 89) {M.B. 164, PG. 40) (FORMERLY 'MAPLE AVE.") ~ I M IDATLANTIC 408 OAKMEARS CRESCENT SUITE 100 VIRGII~TIA BEACH, VA ?3462 PHONE: 757-557-0888 / EAX: 757-557-6 www.mas-ld.com A-Iap G-6 KrnQPr T .imitPr~ Paf-tnPrchii~ CUP Automobile Service Staifon (Fuel Saes) wee, o" i s 2~ `k:~:"•• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KROGER LIMITED PARTNERSHIP I, Conditional Use Permit, automobile service station/fuel sales, 3330 Virginia Beach Boulevard. LYNNHAVEN DISTRICT. MEETING DATE: July 13, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow development of a portion of the site for an automobile service station, i.e. fuel sales. The site, at the intersection of Virginia Beach Boulevard and King Richard Road, is occupied by the Kroger Grocery Store. The site is shaped somewhat like a flag with the main bulk of the property north of the Virginia Beach Boulevard. The 127-foot wide stem portion of the flag, which has frontage on Virginia Beach Boulevard, is the site for this proposed use. ^ Considerations: The applicant proposes to remove 49 of the 80 parking spaces on this portion of the site and develop the area with a 24-foot by 145-foot canopy, five fueling stations, and an eight-foot by 14-foot kiosk for employees. The canopy will be 22 feet in height. The canopy and kiosk will be constructed with materials to match the existing building. The roof on the canopy will be a mansard metal roof matching the color of the store's roof. The columns for the canopy and the kiosk will be faced in masonry block to match the store. The five fueling dispensers, will accommodate ten vehicles. Hours of operation will be 6:00 a.m. to 11:00 p.m., seven days a week. The proposed location for the facility is unobtrusive and currently underutilized. While development of the facility will eliminate 49 parking spaces, these spaces are generally not used. Staff has made several site inspections to observe the parking habits of the store customers and has rarely found more than 10 to 15 vehicles using the spaces. Access and maneuverability to the site and on the site are acceptable. The proposed fueling facility is proposed in an area that will not affect the operation of the retail store located on the site. Proposed screening along the eastern and western property lines will effectively buffer the adjacent businesses, and There was no opposition to the request. Kroger Limited Partnership I Page 2 of 3 ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1'he site shall be developed substantially in accordance with the submitted "Conditional Use Site Plan", dated 3/31 /10, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Current Planning Office for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. T'he proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation "Kroger Fuel R-539 3330 Virginia Beach Boulevard", dated April 1, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Office for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall adhere to the submitted landscape plan, entitled "Conditional Use Site Plan" dated June 8, 2010, by Robertson, Loia, Roof, Architects and Engineers. 4. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 5. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 6. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display_signs, or "flag" style signs on the site. The applicant shall install a sidewalk from King Richard Road to the entrance of the grocery store. Kroger Limited Partnership I Page 3 of 3 7. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 8. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. ^ 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. S ~ , IX~ "'°~ ~ b Kroger Limited Partnership 1 ~l ~;~, ry y ~ ~ ~~ ~~ ~ ~.. rte. r RSD L~ ~` r ~v ~j ~' '~ ~ ~ /~ ~ .~ ,, ~w ~ ~ -: ; ,. ,, 1~ ~ . -Z `I ~~ ~ {, .~, . ~ ,fl 2 CuP AutarwMb S°rvks Statlon (Furl SaNc) REQUEST: Conditional Use Permit (Automobile Service Station -Fuel Sales) 2 June 9, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: KROGER LIMITED PARTNERSHIP 1 STAFF PLANNER: Faith Christie ADDRESS /DESCRIPTION: 3330 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: 148785661101)00 LYNNHAVEN 4.741 acres AICUZ: Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST development of a portion of the site for an automobile service station, i.e. fuel sales. The site, at the intersection of Virginia Beach Boulevard and King Richard Road, is occupied by the Kroger Grocery Store. The site is shaped somewhat like a flag with the main bulk of the property north of the Virginia Beach Boulevard. The stem portion of the flag, fronting along the Boulevard, is 127-feet in width. Currently 80 parking spaces and the stormwater management facility exist in this area. This is the area proposed for the fueling facility. While the area is delineated for parking, it is seldom used for that purpose. Staff has made several site inspections to observe the parking habits of the store customers and has rarely found more than 10 to 15 vehicles using the spaces. The bulk of the customer parking is located within the flag portion of the site. The applicant proposes to remove 49 parking spaces on the western side of the site and develop the area with a 24-foot by 145-foot canopy, five fueling stations, and an eight-foot by 14-foot kiosk for employees. The canopy will be 22 feet in height. The canopy and kiosk will be constructed with materials to match the existing building. The roof on the canopy will be a mansard metal roof matching the color of the store's roof. The colurnns for the canopy and the kiosk will be faced in masonry block to match the store. The five fueling dispensers will accommodate ten vehicles. Hours of operation will be 6:00 a.m. to 11:00 p.m., seven days a week. ~.,~ r R ~ ~t~ ~ff}_ ~~-.. y.. ~ ~ , :_~ ''~: ~ y KROGER LIMITED P~4RTNERHIP ~''_ `agenda Item 2 '} -P~ge 1 ;~' t .4 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Kroger Grocery Store, associated parking, a stormwater management facility, and landscaping currently occupy the site. SURROUNDING LAND North: . Alcott Road USE AND ZONING: • Across Alcott Road are single-family dwellings / R7.5 Residential South: . A bank / B-2 Community Business and Virginia Beach Boulevard • Across Virginia Beach Boulevard is Princess Anne Plaza / B-2 Community Business East: Office /Storage / B-2 Community Business West: . King Richard Drive • Across King Richard Drive is Home Depot / B-2 Community Business NATURAL RESOURCE AND The site is mostly impervious, covered with building and parking CULTURAL FEATURES: lot, and has the minimum required landscaping. There are no natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIPI: The site is located in the northeast corner of the intersection of Virginia Beach Boulevard and King Richard Drive. The site has right-in /right-out access to westbound Virginia Beach Boulevard and two access points on King Richard Drive. King Richard Drive is a two-lane local street. Virginia Beach Boulevard is an eight-lane divided urban major arterial. The projected trip generation shown below is based on the addition of a 10-pump automobile service station and reflects the 1,686 daily trips and 140 peak hour trips estimated for such a station. TRAFFIC: Street Name ~ Present Volume Present Capacity Generated Traffic Virginia Beach 39,200 ADT 56,240 ADT ADT Existing Land Use - Boulevard 5,914 ADT (570 PM peak trips King Richard Drive Unknown 9,900 ADT' Proposed Land Use - 6,880 ADT (710 PM eak tri s Average Daily Trips s as defined by a 50,800 sq. ft. retail supermarket ' as defined b a 50,800 s . ft. retail su ermarket and 10 fuel um s KROGER LIMITED .Y t ~;~ - -- ' ~ ; `k -~ s'.: ~ ~~. '.y . r 1. !~4RTNERS~iIP ~. ; agenda It'n 2 ~ :~ _ _ Page 2 ;t ,;~ ~~~~" ~ , .f t An important consideration, however, is that the actual increase of traffic on King Richard Drive and Virginia Beach Boulevard will be lower, because the nature of a gasoline station is such that as many as 85 percent of its trips will be either pass-by or internal capture trips. In pass-by trips, vehicles are already on the roadway en-route to another destination and will stop to obtain gasoline. Some trips may also be 'internal capture' where supermarket customers will visit the gasoline station before leaving the overall site. Thus, the additional ADT listed in the table above is likely to be lower than what is listed. WATER and SEWER: This site is connected to City water and sewer. STORMWATER MANAGEMENT: There is a stormwater detention system located within the area proposed for the fueling center. The applicant is aware of this issue and is exploring other stormwater management options for the site. This issue will be thoroughly reviewed during detailed site plan review. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposed location for the facility is unobtrusive and currently underutilized. While development of the facility will eliminate 49 parking spaces, these spaces are generally not used. In sum, Staff finds that the applicant has submitted an attractive plan for the canopy, which will match the existing building materials and colors. Access and maneuverability to the site and on the site are acceptable. The proposed fueling facility is proposed in an area that will not affect the operation of the retail store located on the site. Proposed screening along the eastern and western property lines will effectively buffer the adjacent businesses. Staff, therefore, recommends approval subject to the conditions listed below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conditional Use Site Plan", dated 3/31/10, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Current Planning Office for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation "Kroger Fuel R-539 3330 Virginia Beach Boulevard", dated April 1, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Office for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall adhere to the submitted landscape plan, entitled " ", dated 2010. KROGER LIMITED _: ~~ r~ ~: ._., r. t - ~. ,~, ,- y. , F~ ' ~.•~`. e w ~~'~•, ~RTNER~HIP ~ ~~ agenda Item 2 ~; '`s ~, ~~a~E :~ y' _,'y,L,'Y,xf.3 I t ~ f 4. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 5. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one- quarter of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 6. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display_signs, or "flag" style signs on the site. _ 7. The applicant shall install a sidewalk from King Richard Road to the entrance of the grocery store. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 8. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. KROGER LIMITED <,, agenda It!ft 2 -, , ~ . "f i i_ n, ,..., .~ •. ~~ r' ~, r, .~ ~RTNER~ IP ~`) ,,.~, _ , 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 Otrfice within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. s _ ~, f. a. ~.. \ f;. i~~ ~F l1~wf~''c ~l, lF KROGER LIMITED P~-RTNERS~HIP ` '~`'>_~; ~~SAgenda Item 2 ~ ~~ ;~ {t ... -Page ~~ ~ ,;' ~ 1 AERIAL OF SITE LOCATION KROGER LIMITED PARTNERSHIP Agenda Item2 Page 6 ~~~ ~,~. ' v aac~o~.~.an.w~s~e~sa 4re~+wo.c Jt1N 1'"(,;,Y~plin U390N~ AIV Id H.L[S - d' SliiltXXi f 51331iX:11 dOO~j VIO'] AOS3.~I390g ~~ ~ xa '~~~!'~> y~h~ '~, ! .'~Sn 'I'VNOI.LIQNO~ a y N V , 1 ~\ E, e ~ t J4 .. ALOOTI ROAD , 1,. " '~ '~ p < W ~ ~. A 9? A 4s3x f [ F. r ~~ ~ i :1 am t, ~ # ` to ~ ~ ~'Y r..d } fl{ y. (~ 4tl ~ ~ y , X~d' { 1. t # ~~ 3! C ~ _ 4 L ... ~ f ., 1 i y r 0 z ' fa _ i _ ~ I ~ I z~ ~~~~ ~ a~ g ~ ~a W= ~ ~: ~ w ~ ~ ` ' . m ~ ~ ~ A/ r~ ~ Vl t ~ ~-}~ ~~~ ~ d _ , 1 ~., z.. , ft ~,a.~ - ~ ~~ ~ - t i ~ d p Itrrr~ ~r x ; z ~~ ~ ~ ~:~~ ~- o o _ a o ~ ~ ~ .~ ~ .. CH SLVD• VIRd~N1A B~ .~~ ;VA3~A°.~E PROPOSED SITE PLAN KROGER LIMITED PARTNERSHIP Agenda Item 2 Page 7 PROPOSED SITE PLAN (Fueling Area Enlarged). KROGER LIMITED RARTNERSHIP Agenda -Item 2 Page 8 *Y ~. 9 l ~. ~ 3 A .~~ _ ~ ~ ~ ' ~ ~ ~~ ~- ~ ~ t w ~ f . ter ~ _. , ,1 9 ~ +~~ <~ {.: ~' I ~_ f: j g 3 ~ ~ Y: ~~ Al w r L ~ ~ ~i ff Ri.t ® ~ ~ 4 ~ LL t ,~ h. L~°I. w e ~~^~ N ~/~ k, ~p - 0 M . ~ ~ ~~ • ~ ? F ~, ~. a' i ~'! _ _. ~~ ~: ~ ~< ~. r ~~ ,~ ~ ~"_ ~, PROPOSED BUILDING /CANOPY ELEVATION- KROGER LIMITED PARTNERSHIP Agenda .Item 2 Page 9 1. 7/21/60 Rezoning (R-S Residence Approved Suburban to C-L Limited Commercial 2. 12/18/01 Conditional Use Permit (Bulk Approved Stora e 3. 4/24/01 Conditional Use Permit (Automobile Approved Service Station -Fuel Sales 4. 1/23/01 Conditional Use Permit (Automobile Approved Service Station -Tune and Lube ZONING HISTORY KROGER LIMITED PARTNERSHIP Agenda Item 2 Page 10 DISCLOSURE STATE~IVIENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List applicant name followed by the names of all officers, members, trustees, ,partners, etc. below: (Attach list if necessary) ING. , an Ohio corporation its genera! partner (List of officers attached) D 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) fiHE KROGER CrJ. & SUBStD1AR1ES (eg nt March 2i}10) D Check here if the applicant is NOT a corporation, parfiership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complets this section only if property ovimer is different from applicant. if the property owner is a corporation, partnership, firm, business, or o#her unincorporated organization, complete the following: 1. List the property owner name fiollowed by the names of all officers, members, trustees, partners, etc. below: (Attach Jilt if necessary) 2. list all businesses that have a parent subsidiary' or affiliated business entity? relationship with the applicant: (Attach list if necessary) D Check tiers if the property owner is NOT a t:orpora#ion, partnership, firm, business, or other unincrorporated organization. ~ ° See next page for footnotes Qoes an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No x lfi yes, what is the name of the official or employee and the nature of their interest? use i~emm Appkraidcm SortO i3evi 71312t}oT ~---~ ~--{ ~--a R-+ -~ W W cn ~--.~ F--. V DISCLOSURE STATEMENT KROGER LIMITED PARTNERSHIP ~. Agenda Item 2 Page 11 0 R-+ F-+ W W c.~r~ ~'z 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List alt known contractors or businesses that have or wilt provide services with respect to ~e requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legs! services. (Attach list if necessary) See attachment. ' "Parent-subsidiary re~itionship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 perrertt of the voting power of another cxapwat~n." See State and LEI Government Conflict of in#erests Act, Va. Code § 2.2-3101. ' "Affiliated business entity relationship" means "a reiatianship, other than parent- subsidiary reiat~nship, :that exists when {i) one business entity has a contrr~iling ownership interest in the other business entity, {ii} a controtting owner m one entity is also a contrntting owr~r in the other entity, or {iii} there is shared management w corstrol between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relatbnshtp include that the same person or substantially the same person own ar manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offa:es or employees or otherwise share activit~s, resources or personnel on a regular basis; or there is otherwise a close working reiat~nship between the entities.° See State and t_ocal Government Conflict of interests. Act, Va. Code § 2,2-3101. CERTIFICAT70N» i certify that the information carttained herein is true and acrauate. 1 understand that, upon retest of notification (postcard) that the application has been sdreduled for public hearing., t am responsible far obtaining and posting tl~ retired sign on the property at least 3o days pritx to the s~eduied public hearing etxxNdirxj to the instructions in tl~s package. The urders~ned also txxssents to entry upon the subject property by employees of the t~partment of Plarming to ptt~o~raph and view the site for purposes of processing and evaluating this appldatiar. Kroger T,im~~.ed Partner ig i f, ~, ,~' ''~ .- ~ John C. Lucas $~,:~. ~. Appiicapfis S store ~. =`s _ Print Name rte' Property Owner's Signature (ti different than applicant) Print Name co~dx~ar use Permft l~~cat~ Qage do of to Revised 7l312~7 DISCLOSURE STAT~~IIIENT KROGER LIMITED PARTNERSHIP Agenda item 2 Page 12 THE KI2~GER Ct}. & SUBSIDIARIES {as of March 2010) Larne State of Organization 1. Agri Products, Inc. ~. Alpha Beta Company 3. Bay Area Warehouse Stores, Inc. ~. Beech Tree 2oldings, LLC ~. Bell Markets, Inc. 6. Bluefield Beverage Company 7. Gala Go. 8. Gala Foods, Inc. 9. GB&S Advertising Agency, Inc. IOC. Gauntry Oven, Inc. 11. Crawford Stores, Inc, 12. Dillon Companies, Inc. i 3. Dillon Real Estate Co., Inc. 14. I3stribution Trucking Gompan}. 15. Dotto, Inc. l G. Embassy International, Inc. 17. F4L L.I'. 19. FMJ, lllc. Za. l;ood a CM, hoc. 21. Food 4 Less Moldings, Inc. 22. Food 4 Less Merchandising, Inc. 23. Food 4 Less of California, Inc. 24, Food 9 i css of Southern California. Inc. 25. Fred Meyer {MK} Limited 2(i. Fred Meyer Jewelers, Inc. 27. Fred Meyer Stores, Inc. 21t. Fred Meyer, inc. ~9. Grants Pass FMS, LLG 3t1, Healthy Options Inc. i . Henpil, Inc. 32. ITughes Markets, Inc. 33, Ilughes Realty, Inc. 34. Inter•Amercan Foods, Inc. 35, Inter-American Products, Inc. 3b. Junior Food Stores of West Florida, Inc. 37. J.V. I3istributng, Inc. 38. I~essel FP, L.L.G. 34. Kcssel RGD, L:I~.C. Arkansas California California Delaware California Ohio Delaware California Oregon Ohio California Kansas Kansas Oregon Indiana Ohio Ohio Utah Delaware Cahfomsa Delaware California California Hong Kong Galiforna Ohio Delaware Oregon Delaware Texas California California Ohio Ohio Michigan. Michigan Michigan DISCLOSURE STATEMENT Delaware Florida KROGER LIMITED PARTNERSHIP. Agenda Item 2 . Page 13 THE KR4GER CO. & SUBSIlljARIES {as of March 2Q10) 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. Sb. 57. 58. 59. b0. 6i. 62. b3. 64. 65. 6b. 67. 6$. 69. 70. 71. 72. 73. 74. 75. 75. 77, 78. 79. 80. Kessel Saginar~, L.L.C. Michigan KPF, LLC Delaware KRGP Inc. Ohio KRLP Inc. Ohio The Kroger Co. Ohio The Kroger Co. Foundation Ohio (non-profit) 'The Kroger Co, of Michigan Michigan Kroger Dedicated Logistics Co. Ohio Kroger Group Cooperative, Ir-c. Ohio Kroger Helping Hands Fund Ohio (non-profit) Kroger Limited Partnership I Ohio Kroger Limited Partnership II Ohio Kroger Management Co. Michigan Kroger Prescription Plans., Inc. Ohio Kroger Texas L.P. Ohio KR Plaza Holdings, LLC. Delaware Kwik Shop, I:nc. Kansas The Little Clinic LLC Delaware Loaves & Fishes Community Kitchen, Inc. Ohio (non-profit} Michigan Dairy, L.L.C. Michigan Mini Mart., Inc. u'yoming Pace Dairy Foods Company Ohio Paramount Logistics, LLC Ohio Pay Less Super Markets, Inc. Indiana Peyton's-Southeastern, Inc. Tennessee Pontiac Foods, Inc. South Carolina Queen. City Assurance, lnc. Vermont Quilt Stop Markets, Inc. California Ralphs Grocery Company Ohio Rockex I~ewco, Inc. Texas SecAnd Story, Inc. Washington Smith's Beverage of Wyoming, Inc. Wyoming Smith's Food & Drug Centers, Inc. Ohio Southern ice Cream Specialties, Inc. Ohio Sunrise R&D I~loldings, LLC Ohio TIiGP Co., Inc. Pennsylvania TILP Ca., Inc. Pennsylvania TTl Midwest, inc. Ohio Topvalco, Inc. Ohio Turkey Hili, L.P. Pennsylvania Vine Court Assurance Incorporated Vermont DISCLOSURE STATEM~~IT KROGER LIMITED P1~RTNERSHIP Agenda Jtem 2 - P 14 age KRGP INC. xn Ohio corporation t}FFIt:ERS f)avid B. Dfiton President Pact W. Heldman Vase President and Secretary Scott M. Henderson Vag President and Treasurer Patricia T. Ash Vex President and Assistant Secretary Martha Outright Serra Vag President and Assistant Secretary Bruce M. Lack Vice President and Assistant Secretary Anary Eidzabeth Van Otien Vim President and Assistant Treasurer James E. Hodge Vax' President Kevin M. Cbugherty V'a~ President L)orothy D. Roberts Ass~tent Secretary Thomas A. Smith Assistant Treasurer GIlttECTORS David 8. DUlon P'aut W. Heldman J. Michael Schtotrnan 8'-race M. Lack KROGER LIMITED F'J4RTNERSHIP Agenda Item 2 Page. 15 ADDITIONAL DISCLOSURES Eddie Bourdon -Sykes, Bourdon, Ahem 8 Levy, PC (attorney) Tommy Drew-S.L. Nusbaum (oonsuhant) Ali Daughtry-Robertson, Lola, Roof P.C. (civil engineering & permitting/approvals) Dave Jones -Galloway (fuel center architecture) Jason Holmes - Fashiat Inc. (canopy manufacturer) Ralph Hibbard-Sa~ebruah (kiosk manufacturer) Contractor, surveyor, emdronmental i gaotech er-gineen = TBD Chad Priest - Rainbow Sijns (canopy signs) DISCLOSURE STATII~~VT`''`?~ ~, , fJl.~ .. ;:. KROGER LIMITED~,~RTNERS~t-tIP rJy - # ,;;`,Agenda It;~'n 2 '~ r: ~ ~ . P~g~ " 'i : . , k ~.: s ; ~ _ .: Item #2 Kroger Limited Partnership I Conditional Use Permit 4329 Bonney Road District 3 Rose Hall June 9, 2010 CONSENT Joseph Strange: The next items that we will address aze those that are placed on the consent agenda. I have asked Commissioner Jan Anderson to handle this portion of the agenda in the absence of the Vice Chairman. Janie Anderson: Thank you Chairman Strange. We have 14 items on the consent agenda this morning. The first is agenda item 2. That's the application of Kroger Limited Partnership I. This is for a Conditional Use Permit for automobile service station/fuel sales located at 3330 Virginia Beach Boulevard, Lynnhaven District. Mr. Bourdon? Eddie Bourdon: Thank you Ms. Anderson. For the record again, I'm Eddie Bourdon, a Virginia Beach attorney representing Kroger Limited Partnership. This is a gas sales/fuels sales being added to the Kroger. All eight conditions as recommended by staff are acceptable. We appreciate the efforts of Faith Christie, Kazen Lasley in working with my clients on this application. Janice Anderson: Thank you Mr. Bourdon. Eddie Bourdon: Thank you. Janice Anderson: Is there any opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has asked Ron Ripley to review this application. Ronald Ripley: This application is a fuel service to be placed in front of a Kroger store that is located on Virginia Beach Boulevard and King Richard Drive. It is located in, and it is my understanding, that Kroger probably will come up with more of these, so we've paid a little bit more attention to making sure that the landscaping and the site layout were appropriate. This seemed very appropriate for this site. It's back off the road, behind a BMP. The applicant proposes to landscape it considerably, match up the structure with the existing Kroger. They are also going to do some other landscaping along King Richard that really impacts the neighborhood favorably, we think, replacing some fencing. Basically, to be a good, I think they aze trying to be a ,good corporate citizen here, and provide a good application to the Planning Commission for its consideration. It does require some reduction of parking, but it is in an area that is not even used very much, and we're getting ready, I believe to ask for a recommendation to Council that will actually change the pazking ratios for this type of parking anyway, so it will be in compliance .at that point. So, it was a favorable recommendation by staff. There are a number of conditions here that the applicant has agreed to, and we put it on the consent agenda. Item #2 Kroger Limited Partnership I Page 2 . Janice Anderson: Thank you Ron. Mr. Chairman, I have a motion to approve agenda item 2. Joseph Strange: Do I have a second? Phil Russo: Second Joseph Strange: A motion has been made by Commissioner Anderson for approval of the consent agenda item and seconded by Commissioner Russo. We are now ready for the vote. AYE 9 NAY 0 ABS 0 ABSENT 2 - ANDERSON AYE BERNAS ABSENT FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 2 for consent. tiip F-~' C1':-t:ilrlr~ 1r~rtl~~ctr-irr- TTT i T.(~' `_ oniny with Conditiu~ns Proffers Cor~diti~na/ Zonir7g Change ft~rn RT.S fo Cc~f~c~3tror7~f O-? ~~~ ri~M" CH~'I ro``. ~ ,r`~,~ IVZ ;s~ ;t4 _. ~~; i.~~~4{yaN~~•VJ ,L~.FV~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CATALDO INDUSTRIES III, L.L.C. /JOYCE ANN LIPTON, Change of Zoning, R-7.5 Residential to Conditional O-1 Office, 4329 Bonney Road. LYNNHAVEN DISTRICT. MEETING DATE: July 13, 2010 ^ Background: The applicant requests a Conditional Change of Zoning for the site, zoned R-7.5 Residential District, to O-1 Office District for the purpose of developing the site with an 8,000 square foot child care center (preschool and daycare facility with up to 134 children) and an 8,600 square foot office building. The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles of the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods that dominate this area. This is accomplished by having both new residential and non-residential development or uses maintain compatibility with the surroundings, have a high quality and attractiveness of site and buildings, be environmentally responsible, and buffer non-residential from residential with respect to the type, size and intensity of the proposed use and relationship to the surrounding uses (pages 3-1 through 3-3, Policy Document). ^ Considerations: The proposed buildings are one-story structures, below 35 feet in height. A 6-foot high, white, vinyl fence is proposed to enclose the play area for the child care center. Seventy-five parking spaces are depicted on the site plan along with a stormwater management pond and Category I landscaping around the perimeter of the site adjacent to residential properties. The proposed exterior materials for the one-story buildings consist of a mix of light and dark brown synthetic stone veneer and medium brown exterior insulating finishing system (EIFS). Dark bronze storefront aluminum windows are also depicted on the proffered elevations. The applicant has worked closely with the adjacent residential neighborhoods and staff to develop a plan that meets the principles of the Comprehensive Plan, ensuring compatibility with surrounding land uses. Details regarding location of heating and air conditioning equipment, dumpster location and pick up times, Cataldo Industries III, L.L.C. Page 2 of 3 fencing, screening, signage, building materials, and design are either specifically covered in the proffer agreement or depicted on the proffered concept plan. Additional details regarding the operation of the child care center and traffic access and control are provided in the attached staff report. There vuas no opposition to the request. ^ Recommendations: The Planning Commission passed this item a motion by a recorded vote of 8-1, to recommend approval of this request to the City Council as proffered. ^ 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: ~~ "'°~''-' Cr~taldo Industries llI, LLC ~ ~ j' a a ~- rw/ s alp ~- ;~I I _ ~: ,~ ,:~ ~ ~ „ ~. ,, < ~,; Q~' - - ~ •z-+~.~.o...,...,.w,. coran~onarzoMnacn.~w.tromrt7smcondroonda~ 1 June 9, 2010 Public Hearing APPLICANT: CATALDO INDUSTRIES III, LLC PROPERTY OWNER: JOYCE ANNE U PTO N STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zonin4 (R-7.5 Residential District to Conditional O-1 Office District) ADDRESS /DESCRIPTION: 4329 Bonney Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 114778340400000 ROSE HALL 1.81 acres Less than 65 d6 DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing R-7.5 Residential District property to O-1 Office District in order to develop the site with an 8,000 square foot child care center (preschool and daycare facility with up to 134 children) and an 8,600 square foot office building. The proposed buildings are one-story structures, below 35 feet in height. A 6-foot high, white, vinyl fence is proposed to enclose the play area for the child care center. Seventy-five parking spaces are depicted on the site plan along with a stormwater management pond and Category I landscaping around the perimeter of the site adjacent to residential properties. The proposed exterior materials for the one-story buildings consist of a mix of light and dark brown synthetic stone veneer and medium brown exterior insulating finishing system (EFTS). Dark bronze storefront aluminum windows are also depicted on the proffered elevations. CATALDO INDUS ..~ ~,+'~~ti1"" h1,~~ ~)~a - l {' T ~ -- -. ~.. 1 -.C -. ~; BIES III, L .C. ~ ;Agenda I '~ • 1 ~; ;f ': ,ti .-, ~ }. .1 ~," .. .s LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Bonney Road USE AND ZONING: . Duplex and single-family dwellings / R-5D Residential District South: . Single-family dwellings / R-5D Residential District East: . Office / O-2 Office District • Single-family dwellings, duplex / R-5D Residential District West: Senior housing facility / A-36 Apartment District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed and has some CULTURAL FEATURES: significant mature trees; however, much of the site has been cleared. A substantial buffer of existing trees is located along the eastern property line, but the site plan indicates that these trees will be removed. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road is considered afour-lane undivided minor urban arterial. The MTP proposes an undivided facility within a 70- foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center, including the site under consideration for the rezoning. This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. The scope of services includes, but is not limited to, traffic studies, alternative transit methods, intersection improvements, arterial improvements, pedestrian access, aesthetic design elements, public involvement, and development of a Comprehensive Transportation Plan with which the City can develop feasible projects in the Central Business District that will provide a benefit to the traffic flow in the area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 14,485 ADT 14,800 ADT (Level of Existing Zoning - 64 Service "C") - 27,400 ADT ADT' (Level of Service Proposed Land Use 3- 695 "E" ADT Average Daily Trips 2 as defined by 1.81 acres of single family dwellings ' as defined by office and daycare uses Field Count Taken on May 5, 2010 at A similar facility (for Day Care only): 52 AM Peak Hour Vehicles (entering) 47 PM Peak Hour Vehicles (entering CATALDO IND r,.., Ala ~ r;,C;~+"~ j~r1r+~; ~ _- _ f~. ~ ~ ;~ TES -III, L: , .C.: ~l.'~~ Agenda I aA : 1 ?~ ~ _ ~~ ,s ~. ~ •, _ .~ ,..~ WATER: This site is already connected to City water and there is an existing 5/8-inch meter that must be upgraded to accommodate the proposed development. Details of this upgrade will be discussed further during final site plan review. There is an 8-inch City water line along Bonney Road. SEWER: This site is already connected to City sanitary sewer. The receiving Pump Station #264 has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station #264 and the sanitary sewer collection system will be required during final site plan review to ensure future flows can be accommodated. There is an existing 12-inch City sanitary sewer main and a 16-inch City force main along Bonney Road. EVALUATION AND RECOMMENDATION Recommendation: The request for a conditional rezoning of 1.81 acres of R-7.5 Residential District property to O-1 Office District in order to develop an 8,000 square foot child care center (preschool and daycare facility) and an 8,600 square foot office building off of Bonney Road is recommended for approval as proffered. The proffers are provided below. Comprehensive Plan: This property is located with the Suburban Area with general planning principles that focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods. The purpose of these planning principles is to reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. This is accomplished by having both new residential and non-residential development or uses maintain compatibility with the surroundings, have a high quality and attractiveness of site and buildings, be environmentally responsible, and buffer non-residential from.residential with respect to the type, size and intensity of the proposed use and relationship to the surrounding uses (pages 3-1 through 3-3, Policy Document). Evaluation: The applicant has worked closely with the adjacent residential neighborhoods and staff to develop a plan that meets the principles of the Comprehensive Plan, ensuring compatibility with surrounding land uses. Details regarding location of heating and air conditioning equipment, dumpster location and pick up times, fencing, screening, signage, building materials, and design are either specifically covered in the proffer agreement or depicted on the proffered concept plan. The proposed child- care facility will offer hours from 7:00 a.m. to 6:00 p.m. and will contain a preschool program as well. The Department of Social Services ultimately determines the maximum number of children based on the area devoted to play and sleep (office space and kitchen areas are not included in this count). The ratios are 35 square feet per infant and 25 square feet per school-age child. Standards for Licensed Child Day Centers, as required under the State Code (22 VAC 15-30-440),for staff to child ratio are as follows: one staff member for every child age birth to 16 months; one staff member for every five children age 16 months to two years; one staff member for every 10 children age three to the age of eligibility to attend public school (five year old by September 30); one staff member for every 18 children from age of eligibility to attend public school through eight years; and, one staff member for every 20 children from the age of 12 years and older. 'i+. ~` _' ~"~U~ ' 1~~ 1 ~~ r- - C ~. ~ r,~ -~ CATALDO INDUS .HIES lll, L, .C. ~~ :~ ~~Agenda ! ' 1 a y is ~ ~ ~,~ ` ~- ~. ~ T , - ~~..~ The applicant has worked with Traffic Engineering staff to develop a "safe traffic program" and has proffered that "the office use and the daycare and before/after school program drop-off and pick-up shall be scheduled in a manner to limit traffic entering the site to no more than 60 trips within any one hour time frame." The applicant has stated and proffered their commitment to educate the staff and parents on the importance of the program to promote safe ingress and egress of the property. According to the proposed owner of the child care facility, their market is not just working parents but also targets stay at home parents who often drop off their children after the morning rush hour. Based on this, the applicant has agreed to proffer that drop-offs in the morning will be staggered in order to address the concerns of Traffic Engineering. The general uses of "office" and "daycare" of this size would warrant both left and right turn lanes; however, based on information provided by the applicant about this specific child care operation, it was determined that staggering the drop-off slots available to parents would alleviate the need for those turn lanes. This is particularly important as the site does not have enough frontage along Bonney Road to install these turn lanes. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed as an office building and child day care/educational facility as shown on the exhibit entitled "Cataldo Office Park 4329 Bonney Road Preliminary Site Plan," dated 2/23/10, prepared by The Spectra Group, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). PROFFER 2: When the buildings depicted on the Concept Plan are developed, their exterior appearance shall be substantially similar in architectural features, detail and building materials as depicted on the exhibit entitled, "Building Elevations for Cataldo Office Park," dated March 1, 2010, prepared by Lemole Pointon Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). PROFFER 3: The freestanding sign designated on the Concept Plan shall be no greater than eight feet (8') in height and shall be substantially similar in architectural features, details and materials as depicted on the Elevations. PROFFER 4: The child care center will use reasonable contract incentives, staffing and program scheduling to encourage morning drop-offs between 7:00 and 7:30 AM and after 9:30 AM to substantially limit and distribute motor vehicle trips entering the development, which are attributable to this use, to 48 trips per hour within the 7:30 to 9:30 AM peak traffic period. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of CATALDO INDU .- ., ~ ~.~ :~ ~- _ `_~, DIES -III, L: .C. .> Agenda If~ 1 ?~ applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 1, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review fo 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 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. ~. .r .t, ~a~ +~.: r '~,ti~lt'~; ~IiF: '% -=.y- w~ CATALDO INDUSTRIES III, L...C. :'~ ~: Agenda I , ~ 1 ; ~ . "~ ~i ~- ~ _. (~~ ~ _ ; ti ~. . i k, r AERIAL OF SITE LOCATION CATALDO INDUSTRIES III, L.L.C. Agenda .item 1 Page. 6 ~` t 1 ~. ~~~ ~ , °...--. ~~ `. ~~ ~' ~~= .~°~i" \ ~~~ . ~ ~ ~ ~~: ~ ~ _ ~ ~_ ~~ i y~. • -,..-•.-_ ~~~ ,~ ,,~ ~ r. z~ >' .. ~ .~ j ~ t~ c k ~.. e~~£_x 3 '~ •~ '' ~~ j K ~' _ ~ ~x i ~, Ott ~ ~ u Y ~ -- e 4 S ~ -Ti ~' _ _T!'~' r } ~ ~~ ~ ~ ~ ~ Yi Y ~ p fl+ ~ ~~p y 9 q a- a.. ~ w ~~s ~ ~~} ~ ~ ~ s ~1yk,~.^' Yo ,~ ~y~, 1 f[1' . ` 'i ~~ ~_ ~r !k h ~ ~ 3 ~ ~, ~ ~ -~,; J ~• i . ~., ~~ - .. air. .Y. > ~~` . . 2- "Y.Y~ ~'~..~~a..r`te'-.S+r'~.'1'.Y.~'~Q~1.;y,7~ - -.~....,. § }~ ~ ~ ~ ~ ~..~ ~ ~ ~ ~ ,~ K ~i i g ®~ PROPOSED SITE PLAN CATALDO INDUSTRIES lII, Ll..C. ,Agenda Item 1 Page. 7 ,_ 4~ ~~ ~~~~ ~~ ~~ x ~~ ~~ s-= _~ ir+<x" .; ~ ~S S PROPOSED OFFICE BUILf?1`t~G ELEVATIONS CATALDO INDUSTRIES III, L.L.C. ;Agenda ltem 1 . Page.8 s ti IIc, ~~ l ~ ~. < < ~ .~ ~ f t" i".. ~ !u. ~"" { 5 J y x R ,,~` r ~[ ¢mF L 8%C ~S ~ ~ ~ < ~ ~ J W ~a PROPOSED DAYCARE BUILDING ELEVATION CATALDO INDUSTRIES III, L.L.C. agenda Item 1 . Page 9 niap >F-~ Catalrln Tnrii~ctriPC TTT T .T .f \~~~L: ~~ i `' __ _ -, ~ =, -~ '~ f ;~ ~ ~ ~ 'r ~ ~~. ~ A24* ' ~° ~ r' r ~ ~ ~ ~ ~~ ~ ~.~ ; . ~ - _ T r ~ [~, ~ -.~ ~-~ i `l ~ ;"yam i 5 `a ,,~ ~~~ ~- d ~~ ~. C ~'~. V _~ rt J 1 ~` ~. ~, -'-1: ~ ~ ',. . LNG CT. e ~ s _ ~ S ~ Jng with Conditions~rofNrs Conditional Zoning Change from R7.5 to Condlfiona/ O-9 1 03/24/09 Change of Zoning (R-7.5 to Conditional Granted A-24) 01/15!87 Change of Zoning (R-6 to O-1) Denied CUP (Fraternal Order of Police Lodge) 08/27/84 Change of Zoning (R-6 to A-2) Withdrawn 05/23/83 Chan a of Zonin R-6 to O-1 Denied 2 02/26/08 CUP (home occu ation) Granted 3 03/10/98 Change of Zoning (Conditional O-1 to Granted Conditional A-36) CUP Housin for the Elder! 4 04/29/97 CUP nursin home ex ansion Granted 5 03/03/86 Chan a of Zonin R-6 to O-1 Denied 6 04/16/84 Chan a of Zonin R-6 to O-1 Withdrawn ZONING HISTORY CATALDO INDUSTRIES III, L.L.C. Agenda Item 1 Page 10 r DISCLOSURE STATEMENT alsl~uc~lr olsc~.osuRE lfthe applicant is a corparatiott, partnership, firth, business, or other unir~co`porated organization, complete the foUOwing; 1, List the applicant name followed by the names of ail :officers, members, trustees, partners, etc. below: {Attach list if necessary) Gataldo Industries lil, L.L.C.: Anthortly Cataldo, Single Member 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary CI Check here if the applicant is Nara corporation, partnerhip, firm, business, or a#her unincorporated organization. PI~t~PERTY {'OWNER OiSCl.OSURE Comple#e this section only if pmperfy owrreris different from applicanf. If the property owner is a corporation, partnership, ftrm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all office, members, trustees, Partners. etc. below. (Rttach lisf if necessary) Joyce Ann Upton 2: list all businesses that have aparent-subskliary~ or affiliated business entity relationship with the applicant: {Attach list if necessary} X Check hers if the Pml~rty owner is Nt?T a corporation, partnership, firm, business, oi• other unincorporated organization. 8 See next a frsr footnotes Conditioned Ftezon~~g Atrptcat'son Page t 1 pf 12 #ter~i88# 9!t'~Ov4 z 0 V ap~ 6 R z 0 N ~-~ O N A z 0 V CATALDO INDUSTRIES III, L,L.C. Agenda Item 1 Page 11 z 0 c~ a cs. C.7 O N ~~~ I" 0 A z 0 v DISCLOSURE STATEMENT ADDITIONAL DISCI.QSURES List all known contractors or businesses that have or will provide .services w~h respect #o the requested property use, including but no# limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: {Attach list if necessary} Sykes, Bourdon, Ahem 8 Levy, P.C. The Spectra Group, Inc. ' "Parent-subsidiary relationship" means "a relationship that exists when one corpora#fon directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemn~ent 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 en#ity, {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 sarr~ 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3901. CERTIFICATION: f 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, 1 am respons'sble for obtaining and posting the required sign on the subject property at least 30 days prior #o the scheduled public hearing actor ' to the instructions ' th' package. Cat o I d rte It By. ~ Anthony Cataldo, Member ' 's Signature Print Name ~1~t. ,~~(~'"~`,~~+ Joyce Ann Upton r ert t~nmers Signature (' different than applicant) Print Name Condai Rssza~g nppicaiiOn gage az a ~z Revised 9tit2004 CATALDO INDUSTRLES IJI, L.L.C. Agenda Item 1 Page 12 Item #1 Cataldo Industries III, L.L.C. Change of Zoning District Classification 4329 Bonney Road District 3 Rose Hall June 9, 2010 REGULAR Joseph Strange: At this time, we will address the remaining matters on our agenda. I've asked our Secretary, Commissioner Al Henley, to call the first item. Al Henley: Thank you. The first item is item 1. An application of Cataldo Industries III, L.L.C. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional O-1 Office District on property located at 4329 Bonney Road, District 3, Rose Hall. Eddie Bourdon: Thank you Mr. Henley. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing Cataldo Industries, the applicant on this item. The subject property is located on the south side of Bonney Road just to the west of South Fir. This is the Sirine office building that has been on that corner for many, many years. To the east, this is.the Floriday's property that was rezoned about a year ago. We got apartment zoning to the east. This is an A- 36 assisted living senior housing facility that has been on that piece of property for a number of years. The proposal for this piece is to rezone it to O-1, which is the least intense office zoning district, and to construct two buildings for permitted office uses, not conditional use. This is an office building here, and the second is a building that will house a child care center, which is a permitted O-1 use. The development is very attractive. You got a positive recommendation from staff for the attractive building. Styles are one-story building, and having represented the applicant on the Floriday's property to the east that I mentioned earlier, I've been dealing with the people who own properties or live on South Fir. There are a number of rental properties there as well as well as owner occupied. The biggest concern they had that they expressed to. me, and they expressed with regard to this undeveloped piece of property that were is before you today, if you can go back to the zoning map, was the fact that most of their homes were one- story homes, and the idea ofmulti-family/multi-story homes adjacent, and the potential of that occurring here, given what's located directly to the west was their biggest concern. I'm happy we went back to them with this proposal on this piece of property, which I just happened to be fortunate enough to have the purchaser contact me about representing him. My reaction was I think they will love it. That is what we heard. They are very happy that we're dealing with an office use, and asingle-family office use, something that will not tower over them. Now, with regard to the specifics of the design, we have asix-foot vinyl privacy fence here that is set ten feet from the property lines, and Category I landscaping all the way around. We placed a dumpster at a 30-foot setback with a masonry closure and landscape outward of that. With regard to the BMP, we got a four feet picket style fence around that just as a security and liability protection. We placed all of the landscaping on the frontage back from the right-of--way so it was not to create any potential impediments to line of sight in either direction for vehicles that are exiting the site, rather than placing it out at the front of the property. We also did the same Item # 1 Cataldo Industries III, L.L.C. Page 2 with regard to the sign. We have placed it well back as opposed to out in front of the property line so not to have any impact on line of sight. The uses that are proposed here is just straight office don't create any need for turn lanes. In fact the only need for a turn lane would have been created by the fact that we have four trips per the two hour peak morning rush hour over what would be allowed because of the child care. That is why we had to proffer that we will have drop-offs before 7:30 and after 9:30 that will reduce that trip number by 4, so it does not warrant a turn lane. There is no other time frame with in which this development and the traffic created by it would create any need for a turn lane. When you go all up and down Bonney Road, there are numerous developments as well as long existing neighborhoods. The traffic in which coming out on to Bonney Road from those side streets would warrant a turn lane. There are turn lanes. The road doesn't have turn lanes. The road is not going to have turn lanes. It is not going to be the suburban road that it once was certainly converting to an urban roadway. That is what is going to happen., It is undoubtedly going to happen over time. The speed limit is 35 now. I do believe that within the next decade it will likely be reduced to 30. I do believe that over time people will not be able to traverse up and down the street at a speed limit much above 30 or 35 other than late night hours when there is not a lot of traffic. This type of traffic in this area given what is going on in the SGA, which this is adjacent to and what would be going on to the east of this property with regard to the development up along the spine that is the I-264 corridor will result in this road becoming more and more of an urban corridor. This is a very low intense use of this property adjacent to residential especially if you compare it to the multi-family uses that already surround it. We are in full agreement with the staff's recommendation for approval. We are happy to say there isn't opposition that we are aware of at all to the application, and we have notified, had meetings with, had more than 20 people attend meetings to look over this plan, and we got nothing but universal appreciation expressed for what was happening here versus what they had expecting it to be, which would have been some multi-family utilization. With that, I'll be happy to answer any questions that you may have. Joseph Strange: Okay. Thank you Mr. Bourdon. Are there any questions for Mr. Bourdon at this time? Eddie Bourdon: Thank you all. Al Henley: There are no other speakers. Joseph Strange: If there are not questions of Mr. Bourdon, I will open it for discussion among the Commissioners. Christopher Felton: I don't necessarily have an objection to the school that is going in this open space because it is a large space, and enough room for the children to be able to run around, and have free time when they are not inside the school. The questions that I have and the concerns I have in this area is the traffic pattern, and the way that Bonney Road curves at South Fir in that area. It goes from a straight part to a straight curve, almost a 90 degree angle into another straight part of Bonney Road. That is my concern is when you're coming off South Fir. At this point without any development there, it is kind of near impossible to see around that curve. Not because of any vegetation or anything blocking, it is the way the road is designed with that Item # I Cataldo Industries III, L.L.C. Page 3 curve, and to try to get across the street or to try and pull forward and make a left turn off of South Fir, it takes quite a bit. Sometimes you feel like you're playing "Frogger" in your car because you don't know what is coming around that curve. You kind of have to push on the acceleration quickly to get out of the road there. The concerns that were brought up in the informal session is you're going to have the new traffic coming out of this development at the same time you're going to have new traffic coming out of this development with children in the car. And it is dangerous trying to cross that road as it is now, and then have them make that immediate right, and only a few feet down the road, you come across this blind curve, and you don't know who is coming around that curve that someone is going to come out. Now you got increased traffic with children in the car. And to go what was said earlier that, I'm not so sure about the turn lane issue. That is not my biggest issue. It is trying to get across the street, and where that curve is. So the rest of the street, if you go further down, this is the only place on this side of Bonney Road there are single-family homes, the rest of them aze either apartments, condominiums, or businesses. So, this is the only road on this side of the road that are single- familyhomes, where as the other side has many of those but this is the only side. So, obviously there wouldn't be a whole lot of turn lanes in that essence because it's not warranted there. My only other concern with this property is at some point in the City of Virginia Beach, we've got to make a point where we're not tearing down residential azeas or open space property, and putting up new development when we've got many strip malls, office parks, former restaurants, former caz dealerships throughout the city that can be redeveloped. And, we want to take this open space anyway, and put up a new development when you can probably put this new development somewhere else, and redevelop another site that is already in this type of area, and would fit better in that area. Again, I am not against the school. I don't see personally the purpose of the office space, I guess in this part, and then the traffic, the turning aspect of trying to get across the street is my main concern. Joseph Strange: Okay. Thank you Commissioner Felton. Mr. Henley. Al Henley: Thank you. In the informal session, I expressed some concerns very similar to Mr. Felton's. The idea comes up with the property that we voted on some time ago, the Floriday's, which is immediately east to this proposed site. My concern in the informal session was safety, car maneuvering on this accident prone roadway. However, I have reconsidered this, and when you think what could go here, such as an apartment complex it was up for rezoning for an apartment complex for a more intense use. We would have more, I would have a greater concern because more traffic would be generated to this site. However, my concerns, once again is still there because of small children. But when you consider other moving public on that they also have children in there as well. We had an apartment complex the concern with it would even be more. It would be 24-7 if it was an apartment complex. So, it would never end. And the type of use that is proposed today, after hours of operation essentially shut-down and no traffic would be generated. So, therefore, I will be supporting this application. Thank you. Joseph Strange: Thank you Commissioner Henley. Is there any other discussion? If not, I will ask for a motion. Mr. Ripley? Ronald Ripley: I make a motion to approve the application. Item # 1 Cataldo Industries III, L.L.C. Page 4 Donald Horsley: Second. Joseph Strange: I have a motion by Commissioner Ripley and seconded by Commissioner Horsley to approve the application. We're ready to vote. AYE 8 NAY 1 ABS 0 ABSENT 2 ANDERSON AYE BERNAS FELTON HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT NAY ABSENT Ed Weeden: By vote of 8-l, the application of Cataldo Industries III, L.L.C. has been approved. Eddie Bourdon: Thank you very much. Joseph Strange: 'Thank you. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7671 TO: Mark D. Stiles FROM: B. Kay Wilso DATE: July 1, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Cataldo Industries III, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 13, 2010. I have reviewed the subject proffer agreement, dated March 1, 2010 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 ,~ PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS JOYCE ANN UPTON CATAL:DO INDUSTRIES III, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY O:F VIRGINIA BEACH THIS AGREEMENT, made this lsc day of March, 2oio, by and between JOYCE ANN UPTON, party of the first part, Grantor; CATALDO INDUSTRIES III, L.L.C., a Virginia. limited liability company, party of the second party, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: PREPARED BY: SYKES. (30URDON. ,QUERN ~ LEVY. P.C. WHEREAS, the party of the first part is the owner of that certain parcel of property located in the Rose Hall District of the City of Virginia Beach, Virginia, containing approximately i.8i acres and described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the party of the second part, as the contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-~.5 Residential District to Conditional O-1 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: i4~-83-4040 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28iIndependence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical redevelopment, operation, and use of the Property to be adopted, as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid ro ~ for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: i. When the Property is developed, it shall be developed as an office building and child day care/educational facility substantially as shown on the exhibit entitled "CATALDO OFFICE PARK 4329 BONNEY ROAD PRELIMINARY SITE PLAN", dated 2/23/io, prepared by The Spectra Group, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). 2• When the buildings depicted on the Concept Plan are developed, their PREPARED BY: Sv~ss. BouRnoN, exterior appearance shall be substantially similar in architectural features, details and ®~~~~tv & LFV~r. P.c. building materials as depicted on the exhibit entitled " CATALDO OFFICE PARK", dated March i, 2oio, prepared by Lemole Pointon Architects, which have been exhibited to the 2 Virginia Beach City Council and are on file with the Virginia Beach Department. of Planning (hereinafter referred to as the "Elevations"). 3. The freestanding sign designated on the Concept Plan shall be no greater than eight feet (8') in height and shall be substantially similar in architectural features, details and materials as depicted on the "Elevations". 4. The child care center will use reasonable contract incentives, staffing and program scheduling to encourage morning drop-offs between ~:oo and 7:3o AM and after 9~3o AM to substantially limit and distribute motor vehicle trips entering the development, which are attributable to this use, to 48 trips per hour within the 7:3o to 9:3o AM peak traffic period. S. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-~.5 and O-i Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the PREPARED BY: SYxES. $oUaUON. Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code ANERN & LEVY. Pc of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with 3 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with. such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: SYK£S. QOURllON. A~4£RN & LEVY. P.L. 4 WITNESS the following signature and seal: Grantor: Q,~.~ ~~ G~.,6-~e-rr~ (SEAL) Joy a Ann Upton The foregoing instrument was acknowled ed before me this g ..L2= day of March, by Joyce Ann Upton. She is personally known to me or has produced _ identification. J Notary Pu lic PREPARED BV: SYIC&S. ~30URDON. A1fERN & LEVY. ~f. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 2oio, My Commission Expires: I O -;~ )- ZD -3 Notary Registration No.: _ ~ ~ L L 1 ~ 5 WITNESS the following signature and seal: Grantor: Cataldo Industries III, L.L.C., a Virginia 1' ited liability company BY~ ~ ~~~ ~ (SEAL) thony Cataldo, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this isc day of March, 2oio„ Anthony Cataldo, Managing Member of Cataldo Industries III, L.L.C., a Virginia limited. liability company. He is personally known to me. ~ / Notary Public PREPAPED BY: SYKES. $OURDON. t~1~RN & LEVY, Rt:. My Commission Expires: August 3i, 2oio Notary Registration No.: 192628 6 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situate, lying and being on the Old- Norfolk London Bridge Road near Jacksondale, now know as Rosemont in Princess Anne County, Virginia, and more particularly bounded and described as follows: BEGINNING at a pin on the Southern line of the Old-Norfolk London Bridge Road at its intersection with the eastern line of a thirty (30) foot right of way and running thence along the Southern line of said road North 67 degrees 25 minutes East i~.55 feet; thence South 8 degrees 55 minutes West 170.7 feet to a pin; thence North 67 degrees 25 minutes East 5o feet to a pin; thence South 8 degrees 55 minutes West 342.65 feet to a pin; thence North 81 degrees o5 minutes West 187.9 feet to a pin on the Eastern line of said thirty (30) foot right of way; thence North 8 degrees East 394.1 feet to a pin, the point of beginning, containing 1.9 acres, according to the plat of property made by W. B. Gallup, Surveyor, entitled property of Andrew Land, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 40, of Page 69, reference is hereby made to said plat for a more particular description. GPIN: 1477-83-4040 Conditional Rewne/Cataldo Industries III/Proffer PREPARED BY: SYKES. BOURDON. f1NERN & LEVY. P.C. 7 ~~~. ~s }u 4~~b~~ t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, an Ordinance to amend Sections 203 and 236 of the City Zoning Ordinance pertaining to off~treet parking requirements. MEETING DATE: July 13, 2010 ^ Background: The Green Ribbon Implementation Committee developed directives for Staff to research towards improving water quality throughout Virginia Beach. Several of these specific directives included: modifying excess parking requirements, setting both minimum and maximum number of parking spaces, facilitating shared and offsite parking, establishing motorcycle and bicycle parking requirements, and increasing the number of compact parking spaces available. ^ Considerations: Recommendations were developed with input from stakeholders including representatives from the Virginia Beach Chamber of Commerce, the Retail Alliance, the Tidewater Builders Association, Virginia Beach Vision, the Resort Advisory Committee, and Lynnhaven River NOW. The goal of these amendments is to minimize impervious surfaces in parking lots, reduce stormwater management needs for new projects, decrease heat generated on a site and reduce development costs. The major revisions include the adoption of parking requirements as a set amount of parking, allowing only 20 percent more parking than the required minimum number of spaces, and requiring that any spaces added beyond the minimum be constructed of pervious pavers (there is an exception for single- family dwellings and parking garages). The revisions also include new requirements for motorcycle parking and bicycle spaces for certain uses. The use of parking agreements to foster shared parking where feasible is encouraged by the proposed amendments. The amendments are the result of extensive work over the past year with stakeholders and the public, and provide an update to the City's development regulations that reflect a more sustainable approach toward parking. There was no opposition to the request at the Planning Commission hearing. City of Virginia Beach -Parking Amendments Page 2 of 2 ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of the amendments to the City Council. The amendments, however, should be deferred to City Council's August 24 meeting to provide time for the Green Ribbon Committee to discuss changes that are being recommended due to issues raised since the Planning Commission hearing. ^ Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Deferral to August 24 Submitting Department/Agency: Planning Department City Manager:C ~ .,~~ 1 AN ORDINANCE TO AMEND SECTIONS 203 AND 236 OF 2 THE CITY ZONING ORDINANCE PERTAINING TO OFF- 3 STREET PARKING REQUIREMENTS 4 5 Sections Amended: §§ 203 and 236 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 203 and 236 of the City Zoning Ordinance are hereby amended 14 and ordained to read as follows: 15 16 Article 2. General Requirements and Procedures Applicable to All Districts 17 18 A. Regulations Relating to Lots, Yards, Heights, Off-Street Parking and Off- 19 Street Loading 20 21 .... 22 23 Sec. 203. Off-street parking requirements. 24 25 (a) The following specified uses shall. comply with the off-street parking requirements 26 designated therefore: 27 28 (1) Animal hospitals, business studios, eleemosynary and philanthropic 29 institutions, veterinary establishments, commercial kennels, animal 30 pounds and shelters, wholesaling and distribution operations, #inaflsial 31 ,laboratories other than medical, passenger 32 transportation terminals and broadcasting studios: At--least-efle One space 33 per four hundred (400) square feet of floor area; 34 35 (2) ; 36 #asilit~es Assembly uses, except religious uses: At-leash-erne One space 37 per one hundred (100) square feet of floor area or at least one space per 38 five (5) fixed seats, whichever is greater; 39 40 (3) Banks, credit unions, savings and loan , 41 +r~~itetiens: At-least--ene One space per two hundred seventy (270) efle 42 square feet of floor area; 43 1 44 (4) Botanical and zoological gardens: A~-least--eAe One space per ten 45 thousand (10,000) square feet of lot area; 46 47 (5) Bowling alleys: A#-least Three 3 #+ve-{5} spaces per alley; 48 49 (6) Child care centers and child care education centers: A~-leash-efle One 50 space per three hundred (300) square feet of floor area; 51 52 i~ -~ese~ed- 53 54 ,(~~8} College or university: As specified by the Conditional Use Permit A~-least 55 56 ; 57 58 ~, Commercial recreation facility-indoor One space per two hundred (200) 59 square feet of floor area: 60 61 8~.1 , Commercial recreation facility-outdoor: As specified by the Conditional 62 Use Permit: 63 64 (9) Country inns: A~-least-ene One space per room provided for lodging 65 transients; 66 67 (10) C)rive-in eating and drinking establishments: ^+ '°^°+ ^^° One space per 68 fifty (50) square feet of floor area; 69 70 (11) Dwellings, single-family, semidetached, duplex and attached: 71 Two (2) spaces per dwelling unit; 72 73 (12) Dwellings, multifamily: At-leas#-twe Two (2) spaces per dwelling unit for 74 the first fifty (50) units located on a zoning lot and a#-least one and three 75 quarters (1 3/4) spaces per dwelling unit for all units in excess of fifty (50) 76 units; 77 78 (13) Reserved. 79 80 (14) Eating and drinking establishments accessory to a hotel: At-leash-ene One 81 space for each three hundred (300) square feet of floor area in dining 82 area; 83 2 84 (15) Fraternity or sorority house, student dormitory: A#~eas~-eae One space per 85 two (2) lodging units or one space per three (3) occupants, whichever is 86 greater; 87 88 (16) Furniture or appliance stores, machinery equipment, automotive and boat 89 sales and service: A~-lead-eRe One space per nine hundred (900) square 90 feet of floor area; 91 92 (17) Golf courses: r t~ ^~~ Five (5) spaces per hole in the main course; 93 94 (18) Greenhouses and plant nurseries: ~ea~st--eAe One space per one 95 thousand (1,000) square feet of selling area; 96 97 (19) Hospitals: A~-leas#-twre Two and one-half (2.5) spaces per patient bed; 98 99 (20) Lodging units: T t~ ^ + ^^° One space per lodging unit; 100 101 20.1 Medical offices: One space per two hundred seventy (270) square feet of 102 floor area; 103 104 (21) Meeting rooms and convention hall facilities accessory to a hotel: A~-least 105 eee One space per twenty (20) seating capacity; 106 107 (22) Museums and art galleries: Ten (10) spaces and one 108 additional space for each three hundred (300) square feet of floor area or 109 fraction thereof in excess of one thousand (1,000) square feet; 110 111 (23) Nurses homes and similar housing for institutional employees: At--least 112 e~One space per four (4) occupants; 113 114 (24) Offices: ~-least-eras One space per three hundred thirty (330) #~ve 115 ~~ ~^~'~°~' c°~~°^+~~ ~~~^~ square feet of floor area; 116 117 (25) Personal service establishments: ~4t-least--erne One space per two hundred 118 fift 250 ~9A} square feet of floor area; 119 120 (26) 121 ; 122 3 123 (27) Private clubs and lodges, social centers, athletic clubs 124 : n+ ~o„~+ ~ro One space per 125 one hundred (100) square feet of floor area; 126 127 (28) Public buildings and funeral homes: One space per five 128 hundred (500) square feet of floor area; 129 130 (28.1) Religious uses: r t~~„~ One space per five (5) seats or bench seating 131 space in the main auditorium; 132 133 (29) Retail establishments, including beverage manufacturing shops, flea 134 market , , 135 A~ 136 mast-eae One space per two hundred fift 250 {~8A3 square feet of floor 137 area; 138 139 (30) Restaurants other than drive-in eating and drinking establishments: +~ 140 feast-eee One space per one hundred (100) square feet of floor area, and 141 one space per one hundred (100) square feet of additional area 142 encompassed by decks, patios and other areas in which seating is 143 pirovided and food or beverages are consumed; 144 145 (31) Sanitariums: ~-leas~eae One space per four (4) patient beds; 146 147 (32) Service or repair establishments, motion picture studios, utility 148 installations, manufacturing, industrial, processing, packaging, fabricating, 149 research or testing labs, warehouse establishments, printing, publishing, 150 and plumbing and heating establishments: A~-least-eae One space per 151 employee on maximum working shift; 152 153 154 155 156 157 158 ; 159 160 161 , 4 162 163 ~~ 164 165 . 166 167 168 . 169 ; 170 171 172 173 174 175 . 176 177 178 . 179 180 181 182 183 . 184 185 " 186 . 187 188 189 190 191 192 193 . 194 195 196 . 197 ~ ~~ 198 199 200 5 201 . 202 203 204 . 205 206 207 208 209 210 211 212 {~ 213 214 , 215 216 , 217 , 218 219 r'.. Thp-$~}A~nT~ P~~ iF~-i~F~-e~~F +•• ~ z'oncrrcQ-c°-Tt~F~--~rov 220 e~$-3,~4; 221 222 223 224 ~+{ttir~g; -aRtt 225 226 227 228 ~ Shopping centers containing at least one (1) acre or more than four (4) 229 tenants: One space per two hundred fiftv (250) square feet of floor area 230 provided that in shopping centers where restaurants with seating for fiftv 231 (50) or more patrons comprise fiftv percent (50%) or more of the total floor 232 area, parkins shall be one (1) space per one hundred (100) square feet of 233 floor area: 234 235 (34) Vocational, technical, industrial and trade schools: One space per two (2) 236 seats of designated classroom space or as specified by the Conditional 237 Use Permit ; 238 239 (35) Uses permitted pursuant to a conditional use permit shall comply with the 240 off-street parking requirement specified in the conditional use permit; s 241 provided, however, that if no such requirement is specified therein, the 242 applicable requirement shall be as set forth in this section. 243 244 (b) General standards. The following requirements shall apply to all off-street parking 245 spaces: 246 247 (1) Any off-street parking spac , ' 248 ,shall have minimum dimensions of eight and one half 249 (8 '/z) fl+fle-E9~ feet by eighteen (18) feet, and a maximum dimension of 250 nine (9) feet by eighteen (18) feet unless otherwise permitted under 251 section 203 (3) below,, except that in parking garages and -parking 252 structures, minimum dimensions shall be eight (8) feet, nine (9) inches by 253 eighteen (18) feet and minimum dimensions for all parallel parking spaces 254 shall be nine (9) feet by twenty-two (22) feet; 255 256 (2) In any parking structure or parking garage with greater than twenty five 257 (25) spaces, the Planning Director may allow a maximum of-~af~-(~} 258 ~eFSeat thi percent 30% of the total number of spaces within a parking 259 garage or structure to be compact car spaces if he finds that (i) the 260 unusual shape, size, configuration or other building condition of the 261 parking structure or parking garage precludes the efficient layout of 262 parking spaces meeting the dimensional requirements of this section, thus 263 resulting in residual space within such parking structure or parking garage; 264 and (ii) the use of compact car spaces would not substantially reduce the 265 overall safety, ease of ingress and egress, or efficiency of the layout of 266 parking spaces; 267 268 (3) Within a parking lot not serving a use in the apartment or residential 269 districts and larger than twenty five (25) spaces, a minimum of twenty five 270 percent (25%) and a maximum of fifty ~ea~., {°"° ~'~' percent 50% of 271 the spaces provided shall be designated for compact cars, provided 272 that (i) the minimum dimensions shall be eight (8) by seventeen (17) feet 273 for regular compact car spaces or eight (8) by twenty (20) feet for parallel 274 compact car spaces and (ii) all such compact car spaces shall be clearly 275 marked with the wording "Compact Cars Only." Where the width of a 276 parking space abuts a street frontage landscaping strip or interior 277 landscaped areas, the length of the parking space may be reduced by one 278 and one-half (1.5) feet; 279 7 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 (4) Each space shall be unobstructed, have access to a street and be so arranged that any automobile may be moved without moving another, except in the case of parking for one- and two-family dwellings and in the case of parking for employees on the premises. In parking garages and parking structures, structural encroachments into a maximum of thirty (30) percent of the spaces may protrude into the front portion of a parking space not more than one (1) foot as measured perpendicularly to the drive aisle; 4.1 Within a parking lot, parking garage, or parking structure not servin~t a use in the apartment or residential districts, one (1) space per every thirty (30) spaces shall be designated motorcycle spaces to accommodate motorcycles, motor scooters, or other licensed vehicles with dimensions of four (4) by eight (8) feet; (5) Parking surfaces shall be constructed of concrete, asphalt or other suitable material approved by the planning director; All--stases-s~atl s~#ase: Where parking areas are illuminated, all sources of illumination shall be so shielded as to prevent any direct reflection toward adjacent premises in residential, apartment, or hotel districts; (6) Parking areas for three (3) or more automobiles shall have individual spaces marked, except in the case of parking for one- and two-family detached dwellings, and spaces shall be so arranged that no maneuvering directly incidental to entering or leaving a parking space shall be on any public street, alley, or walkway; and (7) Minimum aisle width required for parking areas shall be according to the following table: TABLE INSET: Parking Angle (in degrees) Aisle Width (in feet) 0--44 12 45--59 13.5 60--69 18.5 70--79 19.5 8 80--89 21 90 22 315 316 317 In addition, in any parking garage or parking structure a drive aisle 318 adjacent to a parking space which is less than nine (9) feet by eighteen 319 (18) feet shall be at least twenty-three (23) feet in width. Aisle width shall 320 not exceed twenty four (24) feet unless required for emergency access or 321 off street loading per Section 204. Only areas necessary for parking and 322 safe vehicular maneuvering shall be impervious: 323 324 ~ In the business, apartment and office districts the number of off street 325 parking spaces shall not exceed the required number by more than twenty 326 percent (20%). Fractions shall be rounded up to the closest whole 327 number. 328 329 ~ Parking surfaces that exceed the required number of spaces reguired_by 330 this section shall be constructed of a permeable paving system which 331 permits infiltration of water into the soil in accordance with the City of 332 Virginia Beach Landscaping Guide. Parking garages and single-family 333 dwellings shall be exempt from this requirement. Proper maintenance is 334 required to keep the permeable material free of obstructions and 335 functioning for long term use; 336 337 10 Parking, including for bicycles, may be shared among two (2) or more 338 uses that typically experience peak parking demands at different times 339 and are located on the same lot or at a distance no greater than five 340 hundred (500) feet. The total number of minimum required spaces may 341 be reduced by use of shared parking or if the parking study required by 342 this subdivision shows that a substantial portion of the, patrons of the uses 343 are pedestrians or arrive by means of public transportation or by bicycle. 344 To qualify for shared parking or a reduction in the minimum required 345 spaces, a current parking study shall be submitted to the zoning 346 administrator, who shall determine the final shared parking ratio or 347 reduction of the minimum required parking. A twenty (20) year shared 348 marking agreement in a form approved by the city attorney shall be 349 recorded with the clerk of the circuit court: 350 9 351 11 Where parking is available off-site and within five hundred (500) feet of the 352 main pedestrian entry to a building, it may be counted toward the 353 minimum required parking under the following conditions: 354 355 A. A recorded agreement signed by all parties to maintain the designated 356 ~ number of parking spaces for a period of at least twenty (20) years, 357 subject to the approval of the zoning administrator; 358 359 B. Pedestrian access shall be provided from the off-site parking to the 360 ,user, and shall be designated on the submitted site plan, subject to 361 the approval of the zoning administrator; and 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 C. No parking required by a use may be used as off-site parking for another use unless approved pursuant to Section 203 b (10) above. 12 All development in the apartment, office or business districts requiring twenty five (25) or more parking spaces shall have a minimum of five (5) bicycle spaces within two hundred (200) yards of the building, in a visible area. Each additional fifty (50) parking spaces above the first twenty five (25) shall require one (1) additional bicycle space. Bicycle spaces shall be required as follows in all districts for the following uses: Use Bicycle Parkinct Requirement Primary or Secondary School Equal to five percent (5%) of the all building staff and students above grade three (3) level College or University instructional Equal to six percent (6%) of the classroom buildin capacity of each building, or the amount required by Section 203 b (12), whichever is rg eater Dormitories or Residence Halls One (1) space per three (3) students, or the amount required by Section 203 b (12), whichever is greater 10 Public Transit Station Thirty five percent (35%) of the required number of automobile parking spaces or a minimum of twenty (20), whichever is greater, or the amount required by Section 203 b (12), whichever is greater Recreation Centers, Community Twelve percent (12%) of the required number Centers, Fitness Centers, etc. (public or of automobile parking spaces, or the amount rivate required by Section 203 b (12), whichever is rg eater Parks and ball fields Minimum of ten (10) spaces, or the amount required by Section 203 b (12), whichever is rq eater Parking Garage Ten percent (10%) of the number of automobile spaces -bicycle parking must be located on the first level of parking, or the amount required by Section 203 b (12), whichever is greater 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 (14) At least fifty percent (50%) of the required bicycle spaces shall be indoors or covered in accordance with the City of Virginia Beach Landscaping Guide, with the exception of parks and ball fields. (c) Parking for Accessory Uses. Unless otherwise specified in the district regulations, accessory uses shall conform to the parking requirements applicable to such uses, which requirements shall be in addition to any parking required of the principal use. B. Conditional Uses and Structures Sec. 236. Marinas, commercial, noncommercial and community boat docks. (a) Location and site requirements. Commercial marinas, noncommercial marinas and community boat docks shall be so located as to be accessible from major roads without creating traffic congestion on minor streets through residential, apartment or hotel districts. 11 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 (b) Parking requirements. 0.75 erne-off-street parking space per boat slip and dry slips shall be required, provided that where wheel launching ramps adjoin the parking area, the parking spaces all have a minimum dimension of twelve (12) feet by forty (40) feet. Where appropriate and conditions warrant, city council may modify the number of required parking spaces. COMMENT These amendments to the City's vehicular parking requirements are intended to decrease the amount of impervious surface used for parking areas in accordance with the recommendations of the Green Ribbon Committee. The major revisions include the adoption of parking requirements as a set amount of parking, allowing only 20% more parking than required and requiring that it be constructed of pervious pavers (there is an exception for single-family dwellings and parking garages). There is also a requirement for bicycle parking for certain uses. Parking agreements are also encouraged to share parking where feasible. 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: r-- Planni g epartment City Attorney's Office CA-11350 R-9 May 18, 2010 12 Item #8 City of Virginia Beach An ordinance to amend Sections 203 and 236 of the City's Zoning Ordinance pertaining to off-street parking Requirements June 9, 2010 CONSENT Janice Anderson: The next matter is agenda item 8. The City of Virginia Beach is the applicant on this. It's an ordinance to amend the Landscape Guide pertaining to Bicycle Parking and Permeable Pavers. Carolyn Smith: Good afternoon. I'm Carolyn Smith with the Virginia Beach Planning Department. And these amendments to the Zoning Ordinance for the parking requirements are a result of directives from the Green Ribbon Committee, and staff has taken this opportunity to take care of some housekeeping issues that have been on our "to do" list for quite some time. So, these amendments before you are designed to reduce excessive parking requirements, set both minimum and maximum parking requirements, allow shared and off-site parking under certain situations, establish both requirements for bicycle and motorcycle parking, and to increase the amount of compact spaces that are available. Staff developed a draft last year, and we sought input from many stakeholders, and held workshops with them. We got wonderful input from the Retail Alliance, the Tidewater Builders Association, the Virginia Beach Vision, RAC, the Chamber of Commerce, Lynnhaven River NOW, and many other individuals. I do have some Green Ribbon Committee members here today, if you all could stand? We very much appreciate being on the consent agenda. This is really a landmark item for us, and I'll be happy to answer any questions that you have. Janice Anderson: Are there any questions? Thank you. Thank you very much for your hard work on these amendments, and to the Committee. Thank you. Carolyn Smith: Thank you. Janice Anderson: Is there any opposition to this matter being placed on the consent agenda? Eddie Bourdon: If I could just take a second to back up for a brief moment on item 8. I've had the privilege of serving as an outside member of the Green Ribbon Committee, not as a City employee, and the efforts that Carolyn Smith, Barbara Duke, Karen Lasley, and Kay Wilson have put forth in making these changes that are incorporated with 8 are extraordinary. We are very, very fortunate to have such dedicated and talented City employees. It has been a lot of work. I think it is a great thing that we're doing. Janice Anderson: Thank you. I have a motion to approve agenda item 8. Joseph Strange: Do I have a second? Item #8 City of Virginia Beach -Parking Requirements Page 2 Phil Russo: Second. Joseph Strange: A motion has been made by Commissioner Anderson for approval of the consent agenda item and seconded by Commissioner Russo. AYE 9 NAY 0 ABS 0 ANDERSON AYE BERNAS FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 8 for consent. . NN O ~ 3 s c ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, an Ordinance to amend the Section 111 of the City Zoning Ordinance pertaining to the definition of "Family." MEETING DATE: July 13, 2010 ^ Background: This proposed amendment is mandated by legislation (House Bill 967) enacted by the 2010 General Assembly. ^ Considerations: The City Zoning Ordinance currently defines a `family' as follows: (a) An individual living alone in a dwelling unit; or (b) Any of the following groups of persons, living together and sharing living areas in a dwelling unit: (1) Two (2) or more persons related by blood, marriage, adoption, or approved foster care; (2) A group of not more than four (4) persons (including servants) who need not be related by blood, marriage, adoption or approved foster care; (3) A group of not more than eight (8) persons with mental illness, intellectual disability or developmental disabilities residing with one (1) or more resident counselors or other staff persons in a facility whose licensing authority is the department of mental health, intellectual disability and substance abuse services; provided, that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as de5ned in section 54.1-3401 of the Code of Virginia; (4) A group of not more than two (2) adults, who need not be related by blood or marriage, and the dependent children of each of the two (2) adults, provided that the children are under nineteen (19) years of age or are physically or developmentally disabled. The changes to the State Code require that all local zoning ordinances treat as residential occupancy by one family any residential facility in which no more than eight aged, infirm, or disabled persons reside, with one or more resident counselors or other staff persons. Such a facility, however, must be licensed by City of Virginia Beach -Definition of Family Page2of2 the Virginia Department of Social Services in order to be categorized as a single- family dwelling. There was no opposition to the request at the Planning Commission hearing. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of the amendments to the City Council. ^ Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k ~~ 1 AN ORDINANCE TO AMEND SECTION 111 OF THE CITY 2 ZONING ORDINANCE, PERTAINING TO THE DEFINITION 3 OF "FAMILY" 4 Section Amended: City Zoning Ordinance Section 5 111 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 111 of the City Zoning Ordinance is hereby amended and 11 reordained to read as follows: 12 ARTICLE 1. GENERAL PROVISIONS 13 .... 14 Sec. 111. Definitions. 15 For the purpose of this ordinance, words used in the present tense shall include 16 the future; words used in the singular number include the plural and the plural the 17 singular; the use of any gender shall be applicable to all genders; the word "shall" is 18 mandatory; the word "may" is permissive; the word "land" includes only the area 19 ~ described as being above mean sea level; and the word "person" includes an individual, 20 a partnership, association, or corporation. 21 In addition, the following terms shall be defined as herein indicated: 22 .... 23 Family. A "family" is: 24 (a) An individual living alone in a dwelling unit; or 25 (b) Any of the following groups of persons, living together and sharing living 26 areas in a dwelling unit: 27 (1) Two (2) or more persons related by blood, marriage, adoption, or 28 approved foster care; 29 (2) A group of not more than four (4) persons (including servants) who 30 need not be related by blood, marriage, adoption or approved foster 31 care; 32 (3) A group of not more than eight (8) persons with mental illness, 33 intellectual disability or developmental disabilities residing with one 34 (1) or more resident counselors or other staff persons in a facility 35 whose licensing authority is the department of mental health, 36 intellectual disability and substance abuse services; provided, that 37 mental illness and developmental disability shall not include current 38 illegal use of or addiction to a controlled substance as defined in 39 section 54.1-3401 of the Code of Virginia; 40 ~4~ A group of not more than eight (8) aped, infirm or disabled persons 41 residing with one (1) or more resident counselors or other staff 42 persons in a residential facility or assisted living facility for which 43 the Virginia Department of Social Services is the licensing authority; 44 or 45 {4~ ~ A group of not more than two (2) adults, who need not be related by 46 blood or marriage, and the dependent children of each of the two 47 (2) adults, provided that the children are under nineteen (19) years 48 of age or are physically or developmentally disabled. COMMENT The proposed amendment is mandated by legislation (House Bill 967) enacted by the 2010 General Assembly. It requires that all local zoning ordinances treat a residential facility in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. Such facilities must, however, be subject to licensure by the Virginia Department of Social Services in order to qualify for such treatment. 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: Plann g epartment City Attorney's Office CA-11523 R-2 May 18, 2010 2 Item #11 City of Virginia Beach An ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definition of "Family" June 9, 2010 CONSENT Janice Anderson: This next item is agenda item 11, the City of Virginia Beach. This is a housekeeping amendment, and our City Attorney Kay Wilson will go over the amendment. Welcome. - Kay Wilson: Okay. Number 11 expands the definition of "family" to include essentially group homes of 8 with a residential counselor that is licensed by the Virginia Department of Social Services. This comes as an amendment to the Zoning Ordinance through the legislature. The 20101egislature passed this, and essentially the Zoning Ordinance has to be amended. Janice Anderson: Thank you Ms. Wilson. Is there any objection to agenda item 11 being placed on the consent agenda? I have a motion to approve agenda item 11. Joseph Strange: Do I have a second? Phil Russo: Second Joseph Strange: A motion has been made by Commissioner Anderson for approval of the consent agenda item and seconded by Commissioner Russo. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS ABSENT FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 11 for consent. Nu'SF 1+ ~~ ~r ~, s c . "~;:"•~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, an Ordinance to amend Section 104 of the City Zoning Ordinance pertaining to Civil Penalties. MEETING DATE: July 13, 2010 ^ Background: This proposed amendment is mandated by legislation (House Bill 1063) enacted by the 2010 General Assembly. ^ Considerations: The amendments prohibit civil penalties from accruing or being assessed until after the expiration of the 30-day. period in which a person receiving a notice of_ violation may appeal that notice to the Board of Zoning Appeals (BZA) has expired. The amendments also codify in the City Zoning Ordinance existing state law prohibiting enforcement of a Notice of Violation by any means, including the assessment of a civil penalty, during the time an appeal to the BZA is pending. The City has, in the past, complied with both restrictions; hence, the amendments simply formalize existing City practice, which is now mandatory upon all localities. There was no opposition to the request at the Planning Commission hearing. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of the amendments to the City Council. ^ Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . \~, 1 AN ORDINANCE TO AMEND SECTION 104 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO THE 3 ACCRUAL OF CIVIL PENALTIES 4 Section Amended: City Zoning Ordinance Section 104 5 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY -OF 'VIRGINIA 11 BEACH, VIRGINIA: - 12 13 That Section 104 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 .... 18 Sec. 104. Violations and penalties. 19 .... 20 (d) Each day during which the violation is found to have existed shall 21 constitute a separate offense. However, specified violations arising from the same 22 operative set of facts shall not be charged more frequently than once in any ten-day 23 period, and a series of specified violations arising from the same operative set of facts 24 shall not result in civil penalties which exceed a total of five thousand dollars 25 ($5,000.00). Civil penalties shall not accrue or be assessed for a period of thirty (30) 26 days after the issuance of a notice of violation from the zoning administrator or during 27 the pendency of an appeal to the board of zoning appeals. 28 COMMENT 29 The amendments, which are made mandatory upon localities by legislation (House Bill No. 30 1063) enacted by the 2010 General Assembly, prohibit civil penalties from accruing or being 31 assessed until after the expiration of the thirty-day period in which an person receiving a notice of 32 violation may appeal that notice to the Board of Zoning Appeals has expired. The amendments also 33 codify in the City Zoning Ordinance existing state law prohibiting enforcement of a notice of 34 violation by any means, including the assessment of a civil penalty, during the time an appeal to the 35 BZA is pending. The City has in the past complied with both restrictions; hence, the amendments 36 simply formalize existing City practice, which is now mandatory upon all localities. 37 38 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2010. APPROVED AS TO CONTENT: Plann CA 11526 R-2 May 18, 2010 Y ITT-~- ___ _ rtment APPROVED AS TO LEGAL SUFFICIENCY: ~ - City Attorney's Office 2 Item # 12 City of Virginia Beach An ordinance to amend Section 104 of the City Zoning Ordinance pertaining to Civil Penalties June 9, 2010 CONSENT Janice Anderson: The next item is agenda item 12, the City of Virginia Beach. These are housekeeping amendments, and our City Attorney Kay Wilson will go over the amendment. Welcome. Kay Wilson: Okay. Number 12 is in regard to civil penalties. Some of the violations in the City Zoning Ordinance include civil penalties, and this would not allow for the accrual or assessment of these civil penalties during any appeal periods. We don't do_ that anyway, but this will put it in writing. Janice Anderson: Thank you Ms. Wilson. Is there any objection to agenda item 12 being placed on the consent agenda? I have a motion to approve agenda item 12. Joseph Strange: Do I have a second? Phil Russo: Second Joseph Strange: A motion has been made by Commissioner Anderson for approval of the consent agenda item and seconded by Commissioner Russo. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS ABSENT FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 12 for consent. ~~~- i . {yS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, an Ordinance to add Section 209.2 and amend Section 501 of the City Zoning Ordinance regarding Temporary Family Health Care Structures as Accessory Uses for Single-Family Dwellings in Residential zoning districts and setting forth regulations for their use. MEETING DATE: July 13, 2010 ^ Background: This proposed amendment is mandated by legislation enacted by the 2010 General Assembly. ^ Considerations: The 2010 General Assembly enacted legislation requiring localities to allow 'Temporary Family Health Care Structures' as Accessory Uses in single-family residential zoning districts under certain conditions. These conditions are provided in the legislation and are incorporated into the attached amendment. There was no opposition to the request at the Planning Commission hearing. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of the amendments to the City Council. ^ Attachments: Graphic of Prototype of Health Care Structure Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. ~~ , 0~., 1Nhat a home next to home might look like: Kftttteln; i4nuki cc~ua~n a z ~ 'l ~ ~ ~~~ firth rpp~i: A h . . , r~rilar, r rnk#t7wau`6 ~d ~ ~~ . , ':' ~ c. ~~ ~ l,-- 8 CYtr~1l~XM3d14~5~3M~d~K, ~ ~ ~ .' . ~}, :. rta~n~ w~ 5trch f~t~~ ~ R c ~ ~ ,.~ -*, < <_ ~ ~ c ~S~t~~CKltli~tior~ ~,~~~ w ,;I~:~tirrg~c~aturt~ dJr. ~ ;,~xs ~r~r cc~nt~n'. :. ~ i~ ~ -...-.r.+........~.. r ../ / / .~ 3. Sl. ~/- ~ ~y i '. r ~ ~. ~~ r / ~AElf'l~: Th8 ~~ . ~~ r ~ irl~;tlt~`i304 ~IA01l~01ff {PkPt3r i8 Et b~~k. r~' ~ t(1tCrXH ---.^^^~~~,,, matdsxi pw~ce of e ~ ' ~ ~+ ~ .~'"'~ ca,rcn~_ t~1CrCtC11kCC~pO91tB +~ .-''"~.'"~r, 1 - thdTinCtuAOaA'SM't0~+r0t ' ;~~"~ ~~"`~''" dmtn. Meth SGtc~ t~cfi ~ ~~/~i~~ ,;, -.'~''"~ ~~ totheflaacTh~eexfarior ~~; / •T~ ~~ ' is y~riyi s~dinR. t= =~ t3Mroom: Ttte cotfis can ~ y '.' ~" f -T ~. , -' lL~ity rrouse af~ly ot-e pe+stx'a, tE ~. ~' ate art+anal hturptiy tai ,t .--'~' ~,, ~' ~- - ~ 8Cfi0fRTtKK1~& ~ ~8G£~t'~ Ct"S Y35flt3, '~" SOft1@ ~1Qt•811~8~ ~@$tRif'@5 t . i;; ~ A "vlrtvrl capperion" A vidro Praeauwl:ed A tffl. In ~Odstsp;t to rt~t~~r tEaat xfti stay s~sta~ teat vent~r~on [kt~t coon rita~' ed are:tAt li~G It~htMg taEdlttweRated ~ rvrx,rlct ttapniq~ keCp a~rbomg tts a tsu~Et~^ rt knee ttwtrGFt l'it' tttY!@' ib t~kt Y~~ L#~ ~DOe' ~t ~~f~~kk ~l, prtP -~:;c ~~3 in "? ", . !r`~~k i~t tl ~ ; ~:. Ci ,~" tf~-e f! ~~ wa'~~FS. maciicaxic~n'~rntfptay s~ifrepa~ciea~tw+ntald p.~t~cn~ ~squrra~~~~~r ~ ~,~lr' m~~_ . F.:,t,_~~~. r;~unFarx~t~:7~t3~€a1~r, ~tasic, mgYaeS anti h~~e p~rrv$cy #trt r; yr i~, ~ cx,i- a: r opt #r~ tt~e iseti tc r ;~ ~ " T ~ r ~ , : ~ c~i~ect:s ~.ames. ccere~iv~r wuu&t ks+ow if ~+f r p8t wet h s a ram 5n ti M `:~ ;; , _ r ! is ~ tt~ m~+st tte was a otsb~ catraExa~nis brrtn~ur€~+ c~ia(d ~v~d N~. +Y ,. ~ tsca~r cau crP f~i[. sy~sternl. ~t~~~f2Cl:: ti~~r~ ~g-!;~~> ~erk~~a~€~~z ar+d ~.d~~rt~: Cua~ra:,"h~ `~~ a~P;gt~n Prs?- ~~a~~ ~, Zi~1 1 AN ORDINANCE TO ADD SECTION 209.2 AND AMEND 2 SECTION 501 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING TEMPORARY FAMILY HEALTH CARE 4 STRUCTURES AS ACCESSORY USES TO SINGLE- 5 FAMILY DWELLINGS IN RESIDENTIAL ZONING 6 DISTRICTS AND SETTING FORTH REGULATIONS FOR 7 THEIR USE 8 9 Section Added: City Zoning Ordinance Section 209.2 10 11 Section Amended: City Zoning Ordinance Section 12 501 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That Section 209.2 of the City Zoning Ordinance is hereby added, and Section 21 501 is hereby amended, to read as follows: 22 23 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 24 TO ALL DISTRICTS 25 .... 26 27 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 28 PARKING AND OFF-STREET LOADING 29 30 .... 31 32 Sec. 209.2. Temporary family health care structures. 33 (a) For purposes of this section: 34 (1) "Caregiver" means an adult who provides care for a mentally or 35 phvsically impaired person. A caregiver shall be either related by 36 blood, marriage, or adoption to or the legally appointed guardian of 37 the mentally or phvsically impaired person for whom he is caring_ 38 (2) "Mentally or physically impaired person" means a person who is a 39 resident of Virginia and who requires assistance with two or more 40 activities of daily living, as defined in Section 63.2-2200 of the 41 Virginia Code, as certified in a writing provided by a physician 42 licensed by the Commonwealth. 43 ~3) "Temporary family health care structure" means a transportable 44 residential structure, providing an environment facilitating a 45 caregiver's provision of care for a mentally or phvsically impaired 46 person, that (i) is primarily assembled at a location other than its 47 site of installation, (ii) is limited .to one occupant who shall be the 48 mentally or phvsically impaired person, (iii) has no more than three 49 hundred (300) gross square feet, and (iy) complies with applicable 50 provisions of the Industrialized Building Safety Law (Virginia Code 51 Sections 36-70 through 36-85.1) and the Uniform Statewide 52 Building Code (Virginia Code Sections 36-97 through 36-119.1). 53 (b) Temporary family health care structures shall be allowed in the R-40 54 through R-5S Residential Zoning Districts as permitted accessory uses to single-family 55 dwellings. Temporary family health care structures shall be only (i) for use by a 56 caregiver in providing care for a mentally or phvsically impaired person and (ii) on 57 property owned or occupied by the caregiver as his or her residence. 58 ~c) Such structures shall comply with all setback requirements that apply to 59 the primary structure and with any maximum floor area ratio limitations that may apply 60 to the primary structure. Only one family health care structure shall be allowed on a lot 61 or parcel of land. Placement of temporary family health care structures on a permanent 62 foundation shall not be required. 63 (d) A permit to install a temporary family health care structure shall be 64 obtained from the department of planning. The applicant shall provide sufficient proof of 65 compliance with this section, initially and annually thereafter for as long as the 66 temporary family health care structure remains on the property. Such evidence may 67 involve the inspection by the city of the temporary family health care structure at 68 reasonable times convenient to the caregiver, not limited to__anv annual compliance 69 confirmation. 70 (e) Any temporary family health care structure installed pursuant to this 71 section shall connect to any water, sewer, and electric utilities that are serving the 72 primary residence on the property and shall comply with all applicable requirements of 73 the Virginia Department of Health. 74 jf) No signaae advertising or otherwise promoting the existence of the 75 structure shall be permitted either on the exterior of the temporary family health care 76 structure or elsewhere on the property. 77 (q) Any temporary family health care structure installed pursuant to this 78 section shall be removed no later than thirty (30) days after the mentally or physically 79 impaired person is no longer receiving or in need of the assistance provided for in this 80 section. 81 ~) The zoning administrator may, on behalf of the city council's, revoke the 82 permit granted pursuant to this section if the permit holder violates any provision of this 83 section The zoning administrator is vested with all necessary authority on behalf of the 84 city council to ensure compliance with this section. 85 86 ARTICLE V. RESIDENTIAL DISTRICTS. 87 .... 88 89 Sec. 501. Use regulations. 90 91 .... 92 . 93 (a) Accessory uses and structures. Uses and structures which are 94 customarily accessory and clearly incidental and subordinate to principal uses and 95 structures and where such accessory structures do not exceed the height of the 96 principal structure and, in all residential zoning districts, except for R-30 and R-40, do 97 not exceed five hundred (500) square feet of floor area or twenty (20) percent of the 98 floor area of the principal structure, whichever is greater. In the R-30 and R-40 99 residential zoning districts, accessory uses and structures shall not exceed thirty (30) 100 percent of the floor area of the principal structure. Such accessory uses and structures 101 include but are not limited to: 102 103 .... 104 105 (6) Temporary family health care structures, in accordance with the provisions 106 of Section 209.2. 107 108 109 3 110 COMMENT 111 112 The 2010 General Assembly enacted legislation requiring localities to allow "temporary 113 family health care structures" as accessory uses in single-family residential zoning districts under 114 certain conditions set forth in the legislation (codified as Virginia Code Section 15.2-2292.1). The 115 amendments proposed by this ordinance conform to the provisions of the legislation. 116 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of , 2010. AP Plan D T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: rtment City Attorney's Office CA11527 R-3 July 1, 2010 4 Item #13 City of Virginia Beach An ordinance to add Section 209.2 and amend Section 501 of the City Zoning Ordinance regarding Temporary Family Health Care Structures As Accessory Uses for Single-Family Dwellings in Residential Zoning Districts and setting forth regulations for their use June 9, 2010 CONSENT Janice Anderson: The next item is agenda item 13, the City of Virginia Beach. 'This is a housekeeping amendment, and our City Attorney Kay Wilson will go over the amendmerrt. Welcome. Kay Wilson: Okay. Number 13, and this one is the most interesting. It is for temporary family health care structures that would be allowed on residentially zoned lots from R-40 to R-SS as an accessory use to asingle-family dwelling. This is essentially what they would be like. They have to be 300 square feet or less, and they can only be used to care for a family member who is mentally or physically disabled. They require permits. They have to meet setbacks, and they have to be removed after the use is no longer in use after 30 days. Janice Anderson: Thank you Ms. Wilson. Is there any objection to agenda item 13 being placed on the consent agenda? I have a motion to approve agenda item 13. Joseph Strange: Do I have a second? Phil Russo: Second Joseph Strange: A motion has been made by Commissioner Anderson for approval of the consent agenda item and seconded by Commissioner Russo. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS ABSENT FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT LI VAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 13 for consent. u e~ c s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, an Ordinance to amend the Landscape Guide by the inclusion of amendments pertaining to bicycle parking and permeable pavers. MEETING DATE: July 13, 2010 ^ Background: The proposed amendments to the off-street parking regulations that are proposed under a separate agenda item include requirements for bicycle parking and permeable pavers. ^ Considerations: _ The proposed parking amendments refer in Sections 203(b)(9) to the use of permeable pavers and in Section 203(b)(14) to covering of bicycle spaces. In both instances, the amendments direct the reader to the Landscape Guide of the City of Virginia Beach for detailed guidance regarding the type of pavers and bicycle space shelters that are acceptable. Amendments to the Landscape Guide, therefore, are needed to provide such guidance, and are attached to this report. There was no opposition to the request at the Planning Commission hearing. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of the amendments to the City Council. The amendments, however, should be deferred to City Council's August 24 meeting to provide time for the Green Ribbon Committee to discuss changes that are being recommended due to issues raised since the Planning Commission hearing. ^ Attachments: Landscape Guide Amendments Ordinance Minutes of Planning Commission Hearing Recommended Action: Deferral to August 24 Submitting Department/Agency: Planning Departmeri~ City Manager: ~, `~~1~~ J PERMEABLE PAVING SYSTEMS Permeable paving (also known as pervious or porous pavement) are surfaces that allow water to pass through voids in the paving material or between pavers while providing a stable, load-bearing surface. This allows stormwater to filter through the soil below the paved surface, reducing the numerous environmental issues associated with water runoff. Just as drinking water can be filtered to remove impurities, the soil particles filter rainwater percolating through soil on its way to surface waters and to groundwater aquifers. This important step in the natural process of water purification is bypassed when rainwater falls on impermeable pavement surfaces or roofs and is carried directly through storm drainage systems into waterways. Pollution carried in rainwater runoff is another concern, especially in urban areas. Stormwater flowing across streets, parking lots and sidewalks pick up contaminants associated with air pollution particles, spilled oil, detergents, solvents, dead leaves, pesticides, fertilizer, and bacteria from pet waste. Natural filtration of water through soil is the simplest way to control these pollutants, and is a direct advantage of permeable pavement. CONSIDERATIONS APPLICABILITY Permeable paving systems are appropriate for parking areas, parking lots, drive aisles, private alleys, sidewalks, courtyards and plazas. INSTALLATION Permeable paving systems must be designed and installed in accordance with the manufacturer's specifications. These specifications and details must be included with the site plan submittal to the Development Services Center. GRADING In order to optimize vrater infiltration through the permeable paving system, the slope of the surface area should range from 2 percent to 5 percent. SPACING When designing a permeable paving system utilizing Open Jointed and Open Cell Paving Blocks (pavers) as described below for parking spaces above the minimum number required, the permeable area shall have a minimum perviousness of 10 percent. If a permeable paving system is being designed for tormwater management purposes, additional criteria will need to be met in accordance with applicable City and State regulations. MAINTENANCE The overall maintenance goal for a permeable paving system is to prevent clogging of the void spaces within the surface material. The surface must not be sealed or repaved with non-porous materials if it is to continue to function and to be counted towards meeting the maximum allowed parking requirement. Sand and salt must not be applied to areas with porous pavements. Depending on the system, occasional sweeping or vacuuming of debris will be required to ensure the void spaces do not clog. Educational signage should be used wherever porous pavement is installed as a teaching tool for the public and as a reminder of maintenance obligations. LANDSCAPING The most important landscaping objective for porous pavements is to ensure that its drainage area is fully stabilized, thereby preventing sediment loads from clogging the pavement. ACCEPTABLE MATERIALS There are many options for permeable paving materials: porous concrete, pervious asphalt, open joined and open cell paving blocks. Examples provided herein are meant as a representation of products available, not an endorsement of a specific product or manufacturer. POROUS CONCRETE: There are a number of alternate names for porous concrete including permeable concrete, porous pavement, and pervious concrete. All of the names basically mean the same thing; porous concrete is a form of concrete which is permeable, rather than solid. Porous concrete is designed to trap wager and allow it to percolate through the concrete to the ground below. Pervious concrete uses the same materials as conventional concrete, with the exceptions that the fine aggregate. (sand) typically is eliminated entirely, creating a substantial void content. • Advantages: Used in place of conventional concrete decreases the total amount of runoff leaving a site, promotes infiltration of runoff into the ground, reduces the amount of pollutants carried to a storm drain or waterway, and aids with reducing peak runoff velocity and volume. Porous concrete is applicable to many light-duty uses, including overflow parking areas, residential street parking lanes, parking pads in parking lots, sidewalks, golf cart and bike paths, and emergency access lanes. With proper maintenance, including regular vacuuming of the surface to prevent clogging by sediment, porous concrete can have a minimum service life of 20 years. It also comes in a range of colors, and it can be made with recycled materials including recycled concrete rubble. This flexibility and potential for recycling makes it an ecologically friendly and aesthetically pleasing building material. • Disadvantages: Permeable paving is not ideal for high traffic/high speed areas because it has lower load-bearing capacity than conventional pavement. Nor should it be used on stormwater "hotspots" with high pollutant loads because stormwater cannot be pretreated prior to infiltration. "~- # Y~ = K W~ .t , PERVIOUS ASPHALT: A typical porous pavement has an open-graded surface over an underlying stone bed. The water drains through the porous asphalt and into the stone bed, then, slowly, infiltrates into the soil. If contaminants were on the surface at the time of the storm, they are swept along with the rainfall through the stone bed. From there they infiltrate into the sub-base so that they are subjected to the natural processes that. cleanse water. • Advantages: Porous asphalt used in place of traditional impervious paving materials decreases the total amount of runoff leaving a site, promotes infiltration of runoff into the ground, reduces the amount of pollutants carried to a storm drain or waterway, and aids with reducing peak runoff velocity and volume. It is appropriate for pedestrian-only areas and for very low-volume, low-speed areas such as overflow parking areas, residential driveways, alleys, and parking stalls. • Disadvantages: Permeable paving is not ideal for h-gh traffic/high speed areas because it has lower load-hearing capacity than conventional pavement. Nor should it be used on stormwater "hotspots" with high pollutant loads because stormwater cannot be pretreated prior to infiltration. ;^,.. . it iy ~~`~~~ .; ~~ ~_ ,. ~,.. . ~ _ - _• 4 ~ ... *~ __ .. -_ >z.,. y f .. ~ S ~..r • M > M. OPEN JOINTED AND OPEN CELL PAVING BLOCKS: These pavers are solid units of concrete, brick, plastic or stone laid side by side. They can bear traffic loads and are shaped to produce openings that are filled with porous aggregate or turf that allows for infiltration of stormwater. BLOCK PAVERS: This material can be used to create a porous surface with the aesthetic appeal of brick, stone, or other interlocking paving materials. They are most often used for driveways, entryways, walkways, or terraces. PLASTIC GRID SYSTEMS: High strength plastic grids (often made from recycled materials) are placed in roadway areas. Some are designed to be filled with gravel on top of an engineered aggregate material, while others are filled with asand/soil mixture on top of an aggregate/topsoil mix that allow grass to be planted on the surface. Advantages: Paving blocks have a long useable life, are relatively easy to install and provide good infiltration. Most plastic paver material is flexible so it can adapt well to shrink/swell and freeze/thaw conditions. Most commercially available plastic paver material is made from recycled material, an added environmental plus. The grids provide a support structure for heavy vehicles, and prevent erosion. After heavy rains, the grids act as mini holding-ponds, and allow water to gradually absorb into the soil below. • Disadvantages: Some pavers are sensitive to deformation in the base or sub-grade and do require a thick base to prevent "heaving." In cold climates where areas need to be plowed for ice or snow removal, blocks may catch and cause damage to the blocks and/or plow. BICYCLE PARKING Planning for alternative modes of transportation can reduce the use of the automobile to alleviate congestion, improve air quality, and contribute to a healthy and livable Virginia Beach. The 2009 Virginia Beach Master Transportation Plan focuses on the relationship between land use development and transportation needs. Bicycles as a mode of transportation require less space on streets, less room for parking, are emission-free, and promote a healthy and active lifestyle. Secure bicycle parking is a necessary part of amulti-modal transportation network that includes bikeways, trails, and public transit. Leaving a bicycle unattended even for short periods can result in damage or theft. Finding a bike rack that doesn't work or isn`t conveniently located makes for a frustrating experience. The lack of a secure parking.space keeps many people from using their bikes for transportation. The City Zoning Ordinance for Off-Street Parking Section 203b(12-14) now states that all development in the apartment, office or business districts requiring twenty five or more parking spaces shall have a minimum of five bicycle spaces. Each additional fifty parking spaces above the first twenty five shall require one additional bicycle space. ;,Fifty percent of the required bicycle spaces shall be indoors or covered in accordance with the City of Virginia Beach Landscaping Guide, with the exception of parks and ball fields. The following information is to guide developers in selection and location for bicycle parking to fulfill this requirement. LONG-TERM VERSUS SHORT-TERM BICYCLE PARKING Bicycle parking can be divided into two categories: long-term (Type 1) and short-term (Type 2). Long-term parking is intended for use over several hours or overnight. It includes bicycle racks in an enclosed, covered, controlled access area. Short-term parking is intended for use from a few minutes to several hours. It includes bicycle racks in a public, easily accessible location that may or may not be covered. CRITERIA FOR GOOD BICYCLE PARKING Accessibility, Convenience, Safety and Security are necessary for a successful bicycle parking system. ACCESSIBILITY Bicycle parking will only be used if.cyclists and their bikes can access it. Bike parking should be located at ground level or accessible from ground level (ramps, elevators) without obstacles like stairs or sleep slopes. When bicycle parking is not in a highly visible location, way-finding signage is recommended. Bicycle parking near sidewalks shall allow sufficient passage for pedestrians (6 feet) and comply with all ADA standards. Bike racks should not impede pedestrian traffic flow to board and egress mass transit vehicles. Bicycle parking and bikes should not obstruct the visibility triangle. To ensure adequate space for bikes and maneuverability in and out of the parking area, racks shall be placed at least 3 feet away from a wall or other vertical surface. CONVENIENCE Cyclists are most likely to use bicycle parking when it is close to their destination. Installing racks far from an entrance may encourage cyclists to lock their bike to a tree or piece of street furniture that is closer. Bicycle parking should be placed within 50 feet of the building entrance that cyclists use. Where there is more than one building on a site, or where a building has more than one main entrance, the parking shall be distributed to serve all buildings or main entrances. Wherever possible, situate bike racks close to bikeways and trails. SAFETY AND SECURITY Safety and security measures must be considered to encourage use of bicycle parking facilities. Racks and lockers should be made from high quality materials and firmly secured to the ground, floor, or wall of a well-lit area. Racks should be adequately anchored to discourage displacement or removal. Concrete is the preferred surface for maximum security, though other surfaces may also be appropriate. Short-term parking should be located in a busy, public area to increase informal surveillance, and long-term parking should be located in a separate access-controlled area. Adequate lighting must be installed for visibility at the bike parking site and any pathways to and from this area. ACCEPTABLE TYPES OF RACKS Secure bicycle parking allows the frame and one wheel to be lacked to the rack when both wheels are left on the bike. A simple inverted U-rack 'is attractive, easy to use, and highly secure. The rack should provide two-point support of the bicycle and have no sharp edges. The rack should be usable by bikes with no kickstand and by a wide variety of sizes and types of bicycles. Racks that only secure the front wheel are not acceptable. PI i[ ~ ~` ~i ~~ '°~ - ~ [ : F ~~ _~.° ~~ F- ~~ ~` ~ ~~ _ ~~ ~~ ~~ ~. Left: Examples of acceptable two-point support designs. Grapnic from Las Cruces Proposed Bicycle Parking Design Standards. Preferred materials: Galvanized steel with powder coating requires little maintenance and provides a smooth surface that. will not scratch or damage bicycle frames Materials to avoid: Wood, soft metals, untreated metals, cast components that are brittle and may crack on impact. For rack designs that have welded sections avoid materials like stainless steel that have weak welds. BICYCLE PARKING DIMENSIONS Adequate space is necessary to accommodate bicycles and maneuvering in and out of the bike parking area. At least 30" is required and 36" is recommended between bike racks placed side-by-side, and 60" is recommended between racks placed end to end. One inverted U-Rack counts as two parking spaces. Three feet is the suggested distance between a planted area and the outermost edge of a bike rack. 10' E 18' '~ ~ . -= ~--- y _i ~~~~ r~ f ~~. i - k ,~;. 4 ~~ ~~~ t-1 _1 4 ~.~ ~' riy Left: A 10'x18' vehicular parking space can accommodate 6 inverted U-racks (12 bicycle parking spaces). Graphic from Las Cruces Proposed Bicycle Parking Design Standards. `~ _ COVERED BICYCLE PARKING Prolonged exposure to precipitation can r' _ „i rust a bike's frame and components; d~ Ultraviolet rays from the sun deteriorate a '~ ~ ,. '~ bike's soft seat and tires, as well as r- ~;~~ _ making the bike uncomfortable to ride on °" ~ ~ hot days. Covered bicycle parking will -~..i~x'- ' _ encourage use by cyclists who value their '~ ~.~~ ~ ~'" ~ bicycle. Covered spaces can be stand- alone strut#ures, roof overhangs, ~~~~~~= `~ ~ a "' awnings, lockers, or bicycle storage x..._ _ www.downtownmedford.c©m spaces within buildings and parking garages. The cover must be permanent and secure. Overhead clearance should be at least T to allow for maneuverability. Covers that are too high do not protect from rain, sun, and snow. The covered structure must use similar construction materials as the main building and be aesthetically complimentary to surrounding architecture and design elements. If freestanding, the structure must be at'least 150 square feet and comply with all local building codes including drainage regulations. Several companies sell prefabricated bicycle shelter structures that fulfill City requirements. r ~' ~'~ ~ "' BICYCLE LOCKERS t ~' ., ,. ~' ~' Bicycle lockers are individual storage units - „~ ,~ F r ~~~ ~ , ~.•~ __.- .__.~ « , ~ that are weather protected, enclosed, and ~~ ,'~ ~ operated by a controlled access system that may use keys, swipe card, or an electronic key pad located on the door. `L_ ' Cyclists can securely store their bike, r >„~,~ helmet, and gear. Many models hold two <,~°'"° ' bicycles, and have access doors at ' opposite ends of the locker. On average, ' one standard car parking space can ter, www.pp.msu.edu ~ accommodate five bicycle lockers, depending on the locker design. Stackable models can double bicycle parking capacity; however, the top lockers provide limited access to cyclists who cannot or choose not to lift their bike into the top locker unit. Bike lockers require a level, clean, surface and clearance for the door to easily open and close. Bike lockers are best placed away from sidewalks and areas with high pedestrian traffic. Like all bicycle parking, bike lockers should be placed close to building entrances, in a well-lit area with regular security surveillance. ~ --~,~ -~-.t ~ -ry ~~:~ ~~,,,~-- _,.,_-_ . -~ ~~ ~ }<~ ~.rr,~; SUGGESTIONS Increase the use of your bike facility by . ~ . ~~ ~,.. `~_ ~ ,~•~ incorporating non-required services and ~;«~ , ~ _ .t "': ~ ~ ~:. ~ w infrastructure into your bicycle parking _ system. Include a local bike map in the ` ,... covered structure to encourage use and ,._ .-~ ~ - ~~. "°'° visibility. Integrate other environmentally- elementstike permeable paving "~~ friendly . ~.~~tee ~g.org ~` ~,, . rnto the bike parking design. Incorporate a bike station that inc ludes maintenance, gear storage lockers, and concessions into your bike parking plan. Consider converting a parking space for one automobile to a parking space for multiple bicycles. Innovative bike parking ideas will be reviewed on a case-by-case basis. Left.;A simple plaza rack like ..this one that does not require drilling provides secure parking for 6 bicycles without damaging -- ~ expensive paving materials. Graphic from Las Cruces Proposed Bicycle Parking Design Standards. 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 AN ORDINANCE TO AMEND THE LANDSCAPE GUIDE BY THE INCLUSION OF AMENDMENTS PERTAINING TO BICYCLE PARKING AND PERMEABLE PAVERS WHEREAS, on June 9, 2010, the Planning Commission held a public hearing concerning the amendment of the Landscape Guide to include provisions pertaining to bicycle parking and permeable pavers, as set forth in the attached Exhibit 1, and at the conclusion of such public hearing, recommended that the Landscape Guide be so amended, and WHEREAS, the public necessity, convenience, general welfare and good coning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Landscape Guide of the City of Virginia Beach be, and hereby is, amended and reordained to incorporate the amendments set forth in the attached Exhibit 1. COMMI/NT The ordinance amends the Landscape Guide to include provisions pertaining to bicycle parking and permeable pavers. Adopted by the Council of the City of Virginia Beach on this day of 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City A orney's Office CA11506 R-1 April 22, 2010 Item #9 City of Virginia Beach An ordinance to amend the Landscape Guide by the inclusion of amendments pertaining to bicycle parking and permeable pavers June 9, 2010 CONSENT Janice Anderson: The next matter is agenda item 9. The City of Virginia Beach is the applicant on this. It's an ordinance to amend the Landscape Guide pertaining to Bicycle Parking and Permeable Pavers. Carolyn Smith: Good afternoon. I'm Carolyn Smith with the Virginia Beach Planning Department. And these amendments to the Zoning Ordinance for the parking requirements are a result of directives from the Green Ribbon Committee, and staff has taken this opportunity to take care of some housekeeping issues that have been on our "to do" list for quite some time. So, these amendments before you are designed to reduce excessive parking requirements, set both minimum and maximum parking requirements, allow shared and off-site parking under certain situations, establish both requirements for bicycle and motorcycle parking, and to increase the amount of compact spaces that are available. Staff developed a draft last year, and we sought input from many stakeholders, and held workshops with them. We got wonderful input from the Retail Alliance, the Tidewater Builders Association, the Virginia Beach Vision, RAC, the Chamber of Commerce, Lynnhaven River NOW, and many other individuals. I do have some Green Ribbon Committee members here today, if you all could stand? We very much appreciate being on the consent agenda. This is really a landmark item for us, and I'll be happy to answer any questions that you have. Janice Anderson: Are there any questions? Thank you. Thank you very much for your hard work on these amendments, and to the Committee. Thank you. Carolyn Smith: Thank you. Janice Anderson: Is there any opposition to this matter being placed on the consent agenda? Eddie Bourdon: If I could just take a second to back up for a brief moment on item 9. I've had the privilege of serving as an outside member of the Green Ribbon Committee, not as a City employee, and the efforts that Carolyn Smith, Barbara Duke, Karen Lasley, and Kay Wilson have put forth in making these changes that are incorporated with 9 are extraordinary. We are very, very fortunate to have such dedicated and talented City employees. It has been a lot of work. I think it is a great thing that we're doing. Janice Anderson: Thank you. I have a motion to approve agenda item 9. Joseph Strange: Do I have a second? Phil Russo: Sea~nd. Item #9 City of Virginia Beach -Landscape Guide Page 2 Joseph Strange: A motion has been made by Commissioner Anderson for approval of the consent agenda item and seconded by commissioner Russo. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS ABSENT FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 9 for consent. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION VIRGINIA BEACH DEVELOPMENT AUTHORITY PUBLIC LIBRARY BOARD REVIEW & ALLOCATION COMMITTEE (COG) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 7/13/lost www.vbgov.com C/TY OF VIRC/NIA BEACM SUMMARY OF COUNCIL ACTIONS DATE: 07/6/2010 g PAGE: I E D S L E D H E W AGENDA L D S [ 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 [ O O O S H L R Y S S N N D UA BRIEFINGS: INDIAN RIVER/KEMPSVILLE ROADS - INTERSECTION CONCEPTS Robert Gey, Traffic Engineer Phil Pullen, Transportation Management Engineer IUIIUIVN/ CERTIFICATE OF CLOSED SESSION CERTIFIED 7-0 A Y A Y Y Y Y Y A A Y E B B S S T T A I A 1 N N E E D D F-1 MINUTES -June 22, 2010 APPROVED 9-0 Y Y A Y Y Y Y Y Y A Y G/H-1 PUBLIC HEARINGS SALE OF EXCESS PROPERTY No Speakers 232, 236 and 240 Indian Avenue 2 LEASE OF CITY PROPERTY No Speakers Red Farms Pazk 1900 Sandbridge Road UJ-1. Ordinances re Tax on Probate of ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A '~' Wills/recordation heirs CONSENT a. AMEND City Code §35-251 to allow fee of $25 b APPROPRIATE $3,500 resulting from tax to Clerk of Circuit Court 2 Ordinance to AMEND City Code §35-35 to ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y provide set time for appeals to Board of CONSENT Equalization 3 Resolution to DIRECT the City Manager ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y re 2011 Healthcare Plan for City/School CONSENT Employees C/TY OF VIRGINIA BEAC:H SUMMARY OF COUNCIL ACTIONS DATE: 07/6/2010 B PAGE: 2 E D ~ S L E D H E W AGENDA L D S I E J A 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 4 Ordinance DECLARING portion of Ciry DEFERRED, 8-0 Y Y A Y Y Y Y Y A A Y property at 40 Indian Avenue to be BY CONSENT B EXCESS/AUTHORIZE documents to TO JULY 13, S convey same to Home Associates of 2010 T Virginia Inc. dba HAV, Inc/Richard A Glenn Kinnear 1 N E D 5 Ordinance to AUTHORIZE a lease with ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y NEW CINGULAR PCS, LLC for CONSENT communications tower at 1900 Sandbridge Road (Red Mill Farrn Pazk Site) (DISTRICT 7 -PRINCESS ANNE) 6 Ordinance to AUTHORIZE temporary ADOPTED, BY 9-0 Y Y A Y Y Y Y Y Y A Y encroachments into a portion of the City- CONSENT owned r-o-w for Pembroke Meadows Civic League at Independence/Pembroke Boulevazds (DISTRICT' 4 - BAYSIDE) K-I ERA ATKINSON REALTY, APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y INC./JOHN T. ATKINSON enlargement CONDITIONED of a Nonconforming Use re office at 5307 BY CONSENT Atlantic Avenue (DISTRICT 5 - LYNNHAVEN) 2 GENERAL BOOTH STORAGE, INC. APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y Modification of Conditions I/2 CONDITIONED (approved on October 9, 2001/June 11, BY CONSENT 2002) to relocate a storage facility business office at 1545 General Booth Boulevard (DISTRICT 6 -BEACH) 3 SCOTT LABIAK CUP re skateboazd APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y ramp at 716 9~' Street (DISTRICT 6 - CONDITIONED BEACH) BY CONSENT 4 BETHANY PENTECOSTAL APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y HOLINESS CHURCH OF CONDITIONED CHRIST/PHUONG VAN NGUYEN BY CONSENT CUP re religious use at 3692 South Plaza Trail, No.S (DISTRICT 3 -ROSE HALL) 5 REAL ESTATE TRUST FOR APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y PARCELS B/E CUP re community pier at CONDTIIONED 425/441 Discovery Road (DISTRICT 5 - BY CONSENT LYNNHAVEN) CITY OF VIRGINIA BEACH SUMMARY OF COUNC/L ACTIONS DATE: 07/6/2010 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 1 O O O S H L R Y S S N N D 6 RAMON W. JR./DEBORAH A. APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y BREEDEN CUP re residential kennel at AMENDED - 1433 North Bay Shore Drive (DISTRICT 5 CONDITIONS, - - LYNNHAVEN) BY CONSENT 7 KEMP ENTERPRISES, INC. COZ from APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y A-24 to Conditional A-24 with a PD-H2 at CONDITIONED Bonney/Kenley Roads (DISTRICT 2 - BY CONSENT KEMPSVILLE) 8 CITY for a COZ from R-SD Residential APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y Duplex District to Conditional I-I Light CONDITIONED Industrial District on behalf of Operation BY CONSENT Smile for their headquarters at South Rosemont Road and Concert Drive (DISTRICT 3 -ROSE HALL) 9 Ordinance to AMEND Comp Plan re APPROVED/ 9-0 Y Y A Y Y Y Y Y Y A Y Newtown Strategic Growth Area BY CONSENT (SGA)Master Plan, April 2010 WITH REVISION TO THE SITE PLAN 10 APPEAL of NIMMO UNITED NO ACTION METHODIST CHURCH re an electronic sign at 2200 Princess Anne Road (DISTRICT 7 -PRINCESS ANNE) L. APPOINTMENTS 9-0 Y Y A Y Y Y Y Y Y A Y" Appointed HUMAN RIGHTS COMMISSION Unexpired thru 3/31/12 Beatriz Amberman N/0 ADJOURNMENT 6:lOPM PUBLIC COMMENT TWO 6:10-6:15 pm SPEAKERS