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HomeMy WebLinkAboutFEBRUARY 28, 2012 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER, Centerville - District 1 BARBARA M HENLEY, Princess Anne — District 7 JOHN D. MOSS, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER —JAMES K. SPORE CITY ATTORNEY—MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR—LYNDONS. REMIAS CITY CLERK RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 28 FEBRUARY 2012 I. CITY MANAGER'S BRIEFINGS -Conference Room - 1. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance Department 2. MID -YEAR ENERGY UPDATE Lori Herrick, Energy Management Administrator II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW CITYHALL BUILD] 2401 COURTHOUSE DR. VIRGINIA BEACH, VIRGINIA 23456-8 PHONE: (757) 385-4. FAX (75 7) 385-5 E-MAIL: Ctvcncl(Rvbzou( 3:30 PM IV. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. INVOCATION: Reverend Thomas Powell Pastor Calvary Chapel 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 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PUBLIC COMMENT 1. VIRGINIA TOURISM ZONE GAP FINANCING February 14, 2012 J. PUBLIC HEARING 1. LEASE OF CITY -OWNED PROPERTY — Virginia Beach Farmers Market a. Skipper Farms b. Seasons Best Bakery, LLC K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 4-1 re Special Events Permits b. Section 5-531 re keeping dogs under restraint — Leash Law C. ADD Chapter 25.1 of the City Code re precious metal and gem dealers 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases at the Farmers Market: a. Linda K. and William E. Skipper (t/a Skipper Farms) b. Seasons Best Bakery, LLC 3. Resolution to ESTABLISH the STONE AMBULANCE SERVICE, INC. and an annual EMS Permit re private ambulance services 4. Resolution to REMOVE the Maple Street site as a potential dredge spoils site Ordinances to ACCEPT and APPROPRIATE: a. $1,549,138 from the Federal Emergency Management Agency (FEMA) to ESTABLISH the Severe Repetitive Loss Grant Program; AUTHORIZE the City Manager to EXECUTE a Grant Agreement; and, the remaining $172,127 will be the responsibility of the property owners b. $31,135 from United States Homeland Security through Virginia Emergency Management to the Fire Department to continue the Citizen Corps Council and Community Emergency Response Team C. $31,226 from the Fund Balance of the Sheriffs Office Special Revenue and $21,276 in estimated State Revenue re a Public Safety Analyst position 6. Ordinance to TRANSFER $100,000 from 19th Street Corridor improvements to the Rudee Inlet Connector Walk, Phase I to proceed with the construction L. PLANNING 1. Application of VIRGINIA BEACH FINANCIAL SERVICE/EDWARD HALLORAN re a Variance to Section 5B of the Site Plan Ordinance to preserve a historic structure at 5241 Princess Anne Road re the Floodplain KEMPSVILLE DISTRICT RECOMMENDATION APPROVAL 2. Application of COURTHOUSE SELF -STORAGE ASSOCIATES, LLC for a Street Closure re an unimproved portion of James Madison Boulevard PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 3. Application of TKC LAND DEVELOPMENT II, LLC for a Conditional Use Permit re a retail store and bulk storage yard at Princess Anne and Sandbridge Roads DISTRICT 6 - PRINCESS ANNE RECOMMENDATION APPROVAL M. N. El N 4. Application of INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C. for a Conditional Use Permit re an outdoor recreation at 3300-3388 Princess Anne Road PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 5. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-10 Residential (HK) to P- I Preservation (HK) at 524 Kempsville Road re a public park as recommended by the Historic Kempsville Area Master Plan DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of MCQ BUILDERS, LLC. —1 for a Change of Zoning District Classification from PDH -2 Planned Unit Development Overlay to P-1 Preservation at 467 and 473 North Witchduck Road BAYSIDE DISTRICT RECOMMENDATION APPROVAL 7. Ordinance to AMEND Sections 111 and 1001 of the City Zoning Ordinance (CZO) re the definition, storage, distribution and manufacture of high and low explosives RECOMMENDATION APPOINTMENTS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION SOCIAL SERVICES BOARD THE PLANNING COUNCIL UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT C, t6i 94 t0j/0-1 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 2012 CITY HOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day March 27 Proposed Budget Presented to City Council April Budget Workshop April S Budget Open House (all departments) April 10 Budget Workshop April 17 Budget Workshop April 19 Budget Public Hearing April 24 Budget Workshop and Public Hearing May I Budget Reconciliation Workshop May 8 Budget Adoption Agenda 02/28/2012gw I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:30 PM INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance Department 2. MID -YEAR ENERGY UPDATE Lori Herrick, Energy Management Administrator II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. INVOCATION: Reverend Thomas Powell Pastor Calvary Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 14, 2012 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PUBLIC COMMENT 1. VIRGINIA TOURISM ZONE GAP FINANCING PUBLIC HEARING LEASE OF CITY -OWNED PROPERTY — Virginia Beach Farmers Market a. Skipper Farms b. Seasons Best Bakery, LLC PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property located at the Farmers Market on Tuesday, February 28, 2012, at 6:00 P.M. in the Council Chamber of the City Hall Building (Bldg. 1) at the Virginia Beach Municipal Center, as follows: 1) Space # 9: Linda K. Skipper and William E. Skipper (d/b/a Skipper Farms) 2) Space #10: Seasons Best Bakery LLC Any questions concerning this matter should be directed to Melvin Atkinson, Farmers Market Manager, by calling 3854395. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; 854303; Hearing impaired call 711. Ruth Hodges Fraser, MMC City Clerk Beacon February 19, 2012 22893337 K. ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. Section 4-1 re Special Events Permits b. Section 5-531 re keeping dogs under restraint — Leash Law C. ADD Chapter 25.1 of the City Code re precious metal and gem dealers 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases at the Farmers Market: a. Linda K. and William E. Skipper (t/a Skipper Farms) b. Seasons Best Bakery, LLC 3. Resolution to ESTABLISH the STONE AMBULANCE SERVICE, INC. and an annual EMS Permit re private ambulance services 4. Resolution to REMOVE the Maple Street site as a potential dredge spoils site 5. Ordinances to ACCEPT and APPROPRIATE: a. $1,549,138 from the Federal Emergency Management Agency (FEMA) to ESTABLISH the Severe Repetitive Loss Grant Program; AUTHORIZE the City Manager to EXECUTE a Grant Agreement; and, the remaining $172,127 will be the responsibility of the property owners b. $31,135 from United States Homeland Security through Virginia Emergency Management to the Fire Department to continue the Citizen Corps Council and Community Emergency Response Team $31,226 from the Fund Balance of the Sheriffs Office Special Revenue and $21,276 in estimated State Revenue re a Public Safety Analyst position 6. Ordinance to TRANSFER $100,000 from 19th Street Corridor improvements to the Rudee Inlet Connector Walk, Phase I to proceed with the construction Lh BP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 4-1 of the City Code Pertaining to Special Events Permits MEETING DATE: February 28, 2012 ■ Background: Section 4-1 of the City Code addresses permits for special events conducted on public property in Virginia Beach. Recently, there has been a proliferation of organized activities, such as surf camps, beach volleyball leagues, beach soccer leagues, and athletic and exercise classes, held on City property in the Resort Area and on City beaches, for which a fee is collected by the event organizer. The Strategic Growth Area Resort Management Office ("SGAO") wishes to require the aforementioned activities to obtain special event permits to operate on City property in the Resort Area and on the City's beaches. SGAO is proposing to add a new provision to the City Code which requires special event permits for organized camps, athletic leagues or games, exercise classes, or other instructional, educational, or recreational activities or events, which take place on City property in the Resort Area or on the sand beaches of the City, for which a fee is paid to the event organizer or sponsor, and which include three or more individuals paying to participate in the activity or event. Additionally, since 2007, guided horse riding tours have been authorized on the City's sandy beaches in the Resort Area during the off-season through franchise agreements. The guided horse riding tours have been operated successfully. SGAO wishes to revise the City Code so that special events permits may be issued for short- term, organized horseback riding events sponsored by a 501(c)(3) organization on the sand beaches of the City. The City Code prohibits horses on the beach, but it contains exceptions for activities authorized by a franchise or special events permit. ■ Considerations: Surf camps, athletic leagues, and boot camps are generally for-profit businesses. Issuing a special event permit for these activities will require the businesses to pay a permit fee to operate in the Resort Area or on the publicly owned City beaches. Permits will be available to any business requesting a permit. This ordinance clarifies that SGAO is authorized by the City Code to require special events permits for surf camps and related recreational classes and leagues. SGAO proposes to issue special events permits for short term, organized horseback riding events sponsored by a 501(c)(3) organization and held on sand beaches. Permits would only be issued during the off-season, November 1St through May 1St. Special events permits would also be subject to the following conditions: helmets would be required of all riders, horses would be required to walk, not gallop, in a single file line, following an experienced equestrian leader; and permittees would be required to provide the City with an approved waste disposal plan, a $1 million insurance policy naming the City as an additional insured, and documentation regarding the health of the horses. ■ Public Information: Additional public information will be handled through the normal agenda process. ■ Recommendations: Approve ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Resort Managemen ftdr City Manager: k-- 1 AN ORDINANCE TO AMEND SECTION 4-1 2 OF THE CITY CODE PERTAINING TO 3 SPECIAL EVENTS PERMITS 4 5 SECTION AMENDED: § 4-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 4-1 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 4-1. - Permit for special events. 13 (a) Events for Which Permit Required No person or entity shall hold, organize or 14 sponsor any of the following events or activities unless a permit therefor has been 15 granted by the city: 16 (1) Parades, processions, marathons, bicycle races and other events utilizing the 17 sidewalks or vehicular travel portion of city streets and highways, or the boardwalk. 18 (2) Carnivals, bazaars and similar events which offer such activities as 19 amusement rides or devices, games of skill, animal rides or exhibitions, food 20 concessions, and informal live entertainment. 21 (3) Outdoor festivals or other musical entertainment offering live or recorded 22 music for public or private audiences in other than a fully enclosed building, with 23 the exception of outdoor musical entertainment at any private residence attended 24 by fewer than one hundred fifty (150) persons. 25 (4) Motion picture, video or broadcast television productions, other than news 26 media, involving the staging of vehicles, equipment, props or personnel on public 27 property, including buildings, streets and sidewalks, or requiring the use of city 28 equipment or services, or the participation of city employees. 29 (5) Organized scheduled contests and exhibitions held on the sand beaches of 30 the city. 31 (6) Marine events, including any prescheduled organized concentration of 32 watercraft, involving participants and/or spectators, of a competitive or 33 noncompetitive nature, which may interfere with ordinary navigation or require 34 supplementary regulation by federal, state or city authorities. 35 (7) Scheduled races, exhibitions or other events involving the operation of 36 motorized vehicles of any type. 37 (8) Scheduled gatherings of two hundred (200) or more persons on any public 38 property, other than parks. 39 (9) Activities or events requiring a variance from the regulations for parks 40 promulgated by the director of parks and recreation. 41 (10) Organized camps athletic leagues or games exercise classes or other 42 instruction education or recreational activities or events which take place on city 43 property in the Resort Area or on the sand beaches of the city, for which a fee is 44 collected by the event organizer, sponsor, or producer, and which include three or 45 more individuals paving to participate in the activity or event. 46 (11) Organized horseback riding events held on the sand beaches of the city; 47 provided however, that no such permit shall be issued unless (i) the applicant is a 48 501(c)(3) charitable organization (ii) the event is not held during the prime resort 49 season and (iii) the event lasts no longer than two (2) days. 50 .... Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT Strategic Gro h Area Reso Management ffice CA12115 R-4 February 22, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office �N b�C ti 'Myyyy'll1L' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 5-531 of the City Code Pertaining to Keeping Dogs Under Restraint; Leash Law MEETING DATE: February 28, 2012 ■ Background: The City currently requires dogs to be on a leash while on any public street, sidewalk or right-of-way. There is no such requirement for dogs in City parks. It has been a long-standing policy in the City's parks to require dogs to be on leashes, however, the policy is unenforceable. When complaints are received, Animal Control officers or Police officers need enforcement authority. This is a particular problem in the many unstaffed parks throughout the City. ■ Considerations: This amendment will require dogs to be on a leash while on city park property, and clarifies the requirement is applicable to owners and custodians of the dogs. ■ Public Information: Public information will be handled through the normal agenda process. ■ Recommendations: Approval ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police City Manager: <ILf i ` 1 AN ORDINANCE TO AMEND SECTION 5-531 2 OF THE CITY CODE PERTAINING TO 3 KEEPING DOGS UNDER RESTRAINT 4 5 SECTION AMENDED: § 5-531 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 5-531 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 5-531. - Keeping dogs under restraint; leash law. 13 (a) It shall be unlawful for the owner or custodian of any dog to permit the 14 dog to go upon any city park, public street, sidewalk or right-of-way, excluding the public 15 beaches of the city, unless it is kept secured by a leash or lead or other means of 16 restraint not harmful or injurious to the dog and under the control of a responsible 17 person capable of physically restraining the dog. 18 (b) Any person who does not restrain his dog, in accordance with this 19 section, whether such person be the owner or custodian of such dog, shall be guilty of a 20 class 4 misdemeanor. The animal control officer or police officer may issue a summons 21 to any person he finds in violation of this section. 22 (c) For the purpose of this section "city park" means any city -owned and 23 operated property open to the public for general recreational use including but not 24 limited to traditional park areas canoe and kayak launch areas, and the disabled 25 children's beach playground known as Grommet Park. 26 (ed) Exceptions. 27 (1) This section shall not apply to any person who uses a dog under his direct 28 supervision while lawfully hunting, while engaged in a supervised formal 29 obedience training class or show, or during formally sanctioned field trials. 30 (2) This section shall not apply to any person south of the trace line beginning 31 at the intersection of Elbow Road and the Chesapeake -Virginia Beach City 32 boundary line; thence northeastwardly along Elbow Road to Salem Road; thence 33 southeastwardly along Salem Road to North Landstown Road; thence 34 northeastwardly along Landstown Road to Princess Anne Road; thence 35 southeastwardly along Princess Anne Road to Sandbridge Road; thence 36 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; 37 with the exception of the subdivisions of Bellwood Estates, Foxfire and Three 38 Oaks and the communities of Sandbridge and Lag O Mar, and any other areas 39 zoned for residential use. 40 (3) This section shall not apply to any fenced area within a city park 41 designated and posted as a dog park. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police b6partment City At ey's O-Ttice CA12128 R-3 February 16, 2012 r cyll. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Chapter 25.1 to the City Code Pertaining to Precious Metal and Gem Dealers MEETING DATE: February 28, 2012 ■ Background: The Code of Virginia includes statutes that regulate precious metal and gem dealers and businesses that purchase precious metals and gems from individuals and then offer them for resale. The Police Department currently relies on those statutes for regulation and enforcement purposes. ■ Considerations: The Code of Virginia allows localities to enact ordinances that parallel its precious metal and gem dealer statutes and to "impose terms, conditions, and fees that are stricter, more comprehensive, or larger than those imposed by" state law. This ordinance would add Chapter 25.1 to the City Code. It generally mirrors state law, but includes some modifications to better meet the needs of the department: • State law currently requires precious metal dealers to hold all precious metal and gem purchases for ten (10) days before they resell the item Under the City ordinance, the hold period is increased to fifteen (15) days to allow police a greater opportunity to track stolen goods. • The City ordinance plainly states the precious metal and gem permits are not transferrable to another person or business location. • State law provides that the Chief of Police may revoke a dealer's license for one (1) year upon the conviction of any precious metal dealer violation, the City Code will allow for a suspension/revocation of up to one (1) year. • State law requires a daily purchase/sale report to police, but the City ordinance will mandate the reports be made electronically and in a format approved by the Pawn Unit. • The City Code will require a current lease agreement for the business address be attached to the permit application. • The City Code provision pertaining to recordkeeping will include additional descriptors, such as the color, true weight, and purity of the precious metal purchased as well as the color of any gem purchased. • State law requires tie seller to produce government -issued identification, but the City Code requires government -issued photo identification. • The City Code mak-as clear the dealer and/or his employees shall make available for inspection during the required holding period any precious metal or gem item requested by the P awn Unit during their inspections. • This ordinance will become effective April 1, 2012 to allow precious metal and gem dealers time to change their daily reporting method from fax or personal delivery to delivery by electronic i neans. ■ Public Information: Public information will be provided through the normal Council agenda process. The effective date of this ordinance will be April 1, 2012. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department: Police Department <4UWA' City Manager: 1L 1 AN ORDINANCE TO ADD CHAPTER 25.1 TO 2 THE CITY CODE PERTAINING TO 3 PRECIOUS METAL AND GEM DEALERS 4 5 SECTIONS ADDED: § 25.1-1 to 25.1-9 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 25.1-1, 25.1-2, 25.1-3, 25.1-4, 25.1-5, 25.1-6, 25.1-7, 25.1-8 and 11 25.1-9 of the Code of the City of Virginia Beach, Virginia, are hereby added and 12 ordained to read as follows: 13 14 CHAPTER 25.1 15 PRECIOUS METAL AND GEM DEALERS 16 Sec. 25.1-1. Definitions. 17 For the purposes of this chapter, unless the context requires a different meaninq: 18 "Coin" means any piece of gold silver or other metal fashioned into a prescribed 19 shape weight and degree of fineness stamped by authority of a government with 20 certain marks and devices and having a certain fixed value as money. 21 22 "Dealer" means any person firm partnership or corporation engaged business of (i) purchasing secondhand precious metals or gems: (ii) removing in the in any 23 manner precious metals or gems from manufactured articles not then owned by the 24 person firm partnership or corporation: or (iii) buying acquiring, or selling precious 25 metals or gems removed from manufactured articles. "Dealer" includes all employers 26 and principals on whose behalf a purchase is made and any employee or agent who 27 makes any purchase for or on behalf of his employer or principal. 28 The definition of "dealer" shall not include persons engaged in the following: 29 1 Purchases of precious metals or gems directly from other dealers, 30 manufacturers or wholesalers for retail or wholesale inventories, provided that 31 the sellinq dealer has complied with the provisions of this chapter. 32 2 Purchases of precious metals or gems from a qualified fiduciary who is 33 disposing of the assets of an estate being administered by the fiduciary. 34 3 Acceptance by a retail merchant of trade-in merchandise previously sold by 35 the retail merchant to the person presenting that merchandise for trade-in. 36 4 Repairing restoring or designing jewelry by a retail merchant if such activities 37 are within his normal course of business. 38 5 Purchases of precious metals or gems by industrial refiners and 39 manufacturers insofar as such purchases are made directly from retail 40 merchants wholesalers dealers or by mail originating outside the 41 Commonwealth of Virginia. 42 6 Persons regularly engaged in the business of purchasing and processing 43 nonprecious scrap metals which incidentally may contain traces of precious 44 metals recoverable as a by-product. 45 "Gems" means any item containing precious or semiprecious stones customarily 46 used in jewelry. 47 "Precious metals" means any item except coins composed in whole or in part of 48 gold silver, platinum, or platinum alloys. 49 Sec 251-2 Permit required; method of obtaining permit; no convictions of 50 certain crimes; approval of weighing devices; renewal; permanent 51 location required; bond required. 52 A No person shall engage in the activities of a dealer as defined in § 25.1-1 53 without first obtaininq a permit from the Virginia Beach Police Department Pawn Unit. 54 B To obtain a permit the dealer shall file an application form which includes the 55 dealer's full name anV aliases, address age date of birth, sex, and fingerprints; the 56 name address and telephone number of the applicant's employer, if any; and the 57 location of the dealer's place of business. The dealer shall include a valid copy of the 58 business lease agreement or proof of building ownership with the permit application. 59 Upon filing this application and the payment of a $300 application fee, the dealer shall 60 be issued a permit by the Chief of Police or his designee provided that the applicant 61 has not been convicted of a felony or crime of moral turpitude within seven years prior 62 to the date of application and has no such charges pending court disposition. The 63 permit may be denied if the applicant has been denied a permit or has had a permit 64 revoked under anv other local ordinance or state statute similar in substance to the 65 provisions of this chapter. 66 C Before a permit may be issued the dealer must have all weighing devices 67 used in his business inspected and approved by local or state weights and measures 68 officials and present written evidence of such approval to the Virginia Beach Police 69 Department Pawn Unit. 70 D This permit shall be valid from the date issued through December 31St of the 71 issue year and may be renewed in the same manner as such permit was initially 72 obtained with an annual permit fee of $300. No permit shall be transferable to any other 73 location or individual. 74 E Every dealer at the time of obtaining such permit shall obtain and provide to 75 the City a bond secured by a corporate surety authorized to do business in this 76 Commonwealth in the penal sum of $10,000, conditioned upon strict compliance with 77 the terms of this chapter. In lieu of a bond a dealer may cause to be issued by a bank 78 authorized to do business in the Commonwealth a letter of credit in favor of the City for 79 $10,000. 80 F If the business of the dealer is not operated without interruption, with 81 Saturdays Sundays and recognized holidays excepted the dealer shall notify the 82 Virginia Beach Pawn Unit of all closings and reopenings of such business. The business 83 of a dealer shall be conducted only from the fixed and permanent location specified in 84 his application for a permit. 85 Sec. 25.1-3. Penalties; first and subsequent offenses. 86 A Any person convicted of violating any of the provisions of this chapter shall be 87 guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent 88 offense he shall be guilty of a Class 1 misdemeanor. 89 B Upon the first conviction of a dealer for violation of any provision of this 90 chapter, the Chief of Police may revoke or suspend the dealer's permit for up to one full 91 year from the date the conviction becomes final. Upon a second conviction, the Chief of 92 Police shall revoke the permit for two full years from the date the conviction becomes 93 final. 94 Sec. 25.1-4. Records to be kept; daily electronic report to police. 95 A Every dealer shall keep at his place of business an accurate and legible 96 record of each purchase of precious metals or gems. The record of each purchase shall 97 be retained by the dealer for at least twenty-four months and shall set forth the 98 following: 99 1 A complete description of all precious metals or gems purchased from each 100 seller. The description shall include all names initials, serial numbers or other 101 identifying_ marks or monograms on each item purchased, the true weight and 102 purity, if known of any precious metal the true weight or carat of any gem, the 103 color of any gem or precious metal, and the price paid for each item; 104 2. The date time and place of receiving the items purchased; 105 3 The full name residence address work place, home and work telephone 106 numbers date of birth sex race height weight hair and eye color, and other 107 identifying marks of the seller; 108 4 Verification of the identification of the seller by the exhibition of a government - 109 issued identification card with a photograph of the seller, such as a driver's 110 license or military identification card The record shall contain the type of 111 identification exhibited the issuing agencyand the identification card number 112 thereon; and 113 5. A statement of ownership from the seller. 114 B The information required by subdivisions 1 through 5 of subsection A of this 115 section shall appear on each bill of sale for all precious metals and gems purchased by 116 a dealer. 117 C The information required by subdivisions 1 through 4 of subsection A of this 118 section shall be transmitted in an electronic format approved by the Pawn Unit to the 119 Chief of Police by way of the department's Pawn Unit. Faxing the information is not 120 permitted. 121 Sec 251-5 Officers may examine records or property; warrantless search and 122 seizure authorized. 123 Every dealer or his employee shall admit to his place of business during regular 124 business hours any Virginia Beach police officer or any law-enforcement officer of the 125 state or federal government The dealer or his employee shall permit the officer to (i) 126 examine all records required by this chapter and any article listed in a record which is 127 believed by the officer to be missing stolen or the focus of an inspection conducted by 128 officers assigned to the Virginia Beach Pawn Unit and (ii) search for and take into 129 possession anv article known to him to be missing, or known or believed by him to have 130 been stolen. 131 Sec. 25.1-6. Prohibited purchases. 132 A No dealer shall purchase precious metals or gems from any seller who is 133 under the age of eighteen. 134 B No dealer shall purchase precious metals or gems from any seller who the 135 dealer believes or has reason to believe is not the owner of such items, unless the seller 136 has written and duly authenticated authorization from the owner permitting and directing 137 such sale. 138 C No dealer shall purchase precious metals or gems without first (i) ascertaining 139 the identity of the seller by requiring an identification issued by a governmental agencv 140 with a photograph of the seller thereon and at least one other corroborating means of 141 identification and (ii) obtaining a statement of ownership from the seller. 142 Sec. 25.1-7. Dealer to retain purchases. 143 A The dealer shall retain all precious metals or gems purchased for a minimum 144 of fifteen (15) calendar days from the date the electronic daily report required under 145 section 25.1-4 above is received by the Virginia Beach Police Department Pawn Unit. 146 Until the expiration of this period the dealer shall not sell alter, or dispose of a 147 purchased item in whole or in partor remove it from the City of Virginia Beach. 148 B If a dealer performs the service of removing precious metals or gems, he shall 149 retain the metals or gems removed and the article from which the removal was made for 150 a period of fifteen (15) calendar days after receiving such article and precious metals or 151 gems. 152 Sec. 25.1-8. Record of disposition. 153 Each dealer shall maintain for at least twenty-four (24) months an accurate and 154 legible record of the name and address of the person firm or corporation to which he 155 sells any precious metal or gem in its original form after the waiting period required by 156 section 25.1-7. This record shall also show the name and address of the seller from 157 whom the dealer purchased the item. 158 Sec. 25.1-9. Exemptions from chapter. 159 A The provisions of this chapter shall not apply to the sale or purchase of coins. 160 B The provisions of this chapter shall not apply to any bank, branch thereof, trust 161 company or bank holding company, or any wholly owned subsidiary thereof, engaged in 162 buying and selling gold and silver bullion. 163 The effective date of this ordinance shall be April 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department CA12124 R-4 February 16, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with Linda K. Skipper and William E. Skipper (t/a Skipper Farms) for Space #9 in the Virginia Beach Farmers Market MEETING DATE: February 28, 2012 ■ Background: Linda K. Skipper and William E. Skipper (t/a Skipper Farms) are existing tenants at the Virginia Beach Farmers Market and would like to continue to lease Space #9 from the City of Virginia Beach (the "City"). Upon expiration of Skipper Farms' lease, the City advertised a Request for Proposals ("RFP") for open spaces at the Farmers Market. Skipper Farms met the requirements of the RFP and was awarded the lease, subject to City Council approval. ■ Considerations: The term of the Lease is three (3) years. The Lease has a sixty (60) day termination clause in the event the City needs the property for a public purpose prior to the termination of the Lease. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: City Manager. V:\applications\citylawprod\cyco.32\ docs 007\P001\00019774.DOC Department of Agriculture 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 LINDA K. SKIPPER AND WILLIAM E. SKIPPER (T/A 4 SKIPPER FARMS) FOR SPACE #9 IN THE 5 VIRGINIA BEACH FARMERS MARKET ro 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Linda K. Skipper and William E. Skipper (t/a Skipper Farms) 12 ("Skipper Farms") is an existing tenant and would like to enter into a new lease with the 13 City for Space #9 in the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a retail establishment of produce 16 and related items and for no other purpose; and 17 18 WHEREAS, Skipper Farms has agreed to pay the City $538 per month ($6,456 19 per year) for the use of the Premises for the first year of the term, with annual rent 20 increases equal to 5%. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of three 26 (3) years between Linda K. Skipper and William E. Skipper (t/a Skipper Farms) and the 27 City for the Premises, in accordance with the Summary of Terms attached hereto and 28 made a part hereof, and such other terms and conditions deemed necessary and 29 sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 , 2012. APPROVED AS TO LEGAL APPROVED AS TO ONTENT SUFFICIENCY AND FORM /4jat d A��- CITY ATTORNEY 6EPT. O A ICULTURE CA11708 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D028\P011\00017121.DOC R-1 February 17, 2012 SUMMARY OF TERMS LEASE FOR SPACE #9 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Linda K. Skipper and William E. Skipper (t/a Skipper Farms) PREMISES: Space #9 TERM: 3 years: March 1, 2012 — February 28, 2015 RENT: Year 1: $538 per month ($6,456 per year) Year 2: $565 per month ($6,780 per year) Year 3: $593 per month ($7,116 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the retail sale of produce and related items only and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide water and sewer. Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: • After 8 months, either party may terminate by providing the other party sixty (60) days' written notice. • City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. \\vbgov.com\dfs1 \applications\citylawprod\cycom32\W pdocs\D021 \P003\00052134.DOC 4 LOCATION MAP � 0 �69,) 13 Organic Grocer24 12❑8 8❑ 12 100 13 1 20 I 20 60 200 Rual Hertiage Ctr. 11 11 116 24 40 316 3 17 C39 40 24 960 24 16 3 40 7E 3 17 X111 24 80 Picni7�3 8 2400 10 30 29 8 6O7 20 10 30 � 2 6 9 / 31 1090 38/ 939 VIRGINIA BEACH FARMERS MARKET 960 16 (-97-9 PROPOSED 24 3 7 3 LEASE AREA 17� ( SPACE #9) 40 24 \ 40 24 15 320 40 35 45 8 19_ _15 �20 X 45 28 40 `� 4 \ 24 3 5 5 3 15 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with Seasons Best Bakery LLC for Space #10 in the Virginia Beach Farmers Market MEETING DATE: February 28, 2012 ■ Background: Seasons Best Bakery LLC ("Seasons Best") is an existing tenant at the Virginia Beach Farmers Market, and would like to continue to lease space from the City of Virginia Beach (the "City"). Seasons Best wishes to terminate their current lease of Space #37 and enter into a new lease for Space #10. ■ Considerations: The term of the Lease is three (3) years. The Lease has a sixty (60) day termination clause in the event the City needs the property for a public purpose prior to the termination of the Lease. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculture City Manager: j k . n � V.\applications\citylmprod\cycom32\ docs 007\PO0I\00019774.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 SEASONS BEST BAKERY LLC FOR SPACE #10 IN 4 THE VIRGINIA BEACH FARMERS MARKET 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 7 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 8 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 9 10 WHEREAS, Seasons Best Bakery LLC ("Seasons Best") is an existing tenant 11 and would like to enter into a new lease with the City for Space #10 in the Farmers 12 Market (the "Premises"), 13 14 WHEREAS, the Premises will be utilized as a retail establishment of baked 15 goods, candies, local produce and related items and for no other purpose; and 16 17 WHEREAS, Seasons Best has agreed to pay the City $682 per month ($8,184 18 per year) for the use of the Premises for the first year of the term, with annual rent 19 increases equal to 5%. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That the City Manager is hereby authorized to execute a lease for a term of three 25 (3) years between Seasons Best LLC and the City for the Premises, in accordance with 26 the Summary of Terms attached hereto and made a part hereof, and such other terms 27 and conditions deemed necessary and sufficient by the City Manager and in a form 28 deemed satisfactory by the City Attorney. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 31 , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Sv r;�� CITY ATTORNEY /EP6-.8F AGRICULTURE CA12143 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D028\P011\00017121.DOC R-1 February 16, 2012 SUMMARY OF TERMS LEASE FOR SPACE #10 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Seasons Best Bakery LLC PREMISES: Space #10 TERM: 3 years: March 1, 2012 — February 28, 2015 RENT: Year 1: $682 per month ($8,184 per year) Year 2: $716 per month ($8,592 per year) Year 3: $752 per month ($9,024 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the retail sale of baked goods, candies, local produce and related items only and for no other purpose. Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: • After 8 months, either party may terminate by providing the other party sixty (60) days' written notice. • City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. \\vbgov.com\dfs1 \applications\citylawprod\cycom32\W pdocs\D021 T003\00052134.DOC � 44 ( 260) X26 organic Grocer 24 12F�8]] 12 100 1�2O 60 1 200 Rual Hertiage Ctr. 111 24 /40 7 3 \24 17 3 939 24 16 3 40 7 3 17 401 24 LOCATION MAP 13 80 Picnic 30 8 2400 10 30 29 6 7 20 10 30 / O 2 6 9 / 31 090 \ 38/ 939 VIRGINIA BEACH FARMERS MARKET 960 PROPOSED LEASE AREA 16 3 *j ( SPACE 010 ) 4 6 7 3 17 ( 0 40 24 40 24 1178 320 32� X04 24 9880 28 35 40 14 5 24 35 4 5 5 5 �Hu eFa�i ! Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of Stone Ambulance Service, Inc. in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: February 28, 2012 ■ Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such an organization to obtain an annual permit authorizing its operation. The required annual permit must be granted by City Council. ■ Considerations: The required application has been processed by the Department of Emergency Medical Services for the operation of a private permitted EMS agency. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Stone Ambulance Service, Inc. in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve protect and promote the public health, safety and general welfare. This permit will be effective immediately and until June 30, 2012. ■ Public Information: Public information will be handled through the normal agenda process. Additionally, under the provisions of Code of Virginia Section 32.1- 111.14, a public hearing must be held prior to acting upon the resolution. The public hearing may be held on the same day the resolution comes before Council for a vote. ■ Recommendations: Approve Resolution. ■ Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services -)6(l City Manager: 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 STONE AMBULANCE SERVICE, INC. IN VIRGINIA BEACH 3 AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Stone Ambulance Service, Inc.; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Stone Ambulance Service, Inc. for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2012. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C Emergency Medical Services City rney'O 1 CA12129 / February 7, 2012 /tiY `yt f a a f -t Aay�gc �ti4w� l' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Removing the Maple Street Site as a Potential Dredge Spoils Site MEETING DATE: February 28, 2012 ■ Background: Last May, City Council adopted a Council policy entitled, "Neighborhood Dredging Program" that established the program, which is funded by a partnership between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation channels are adequately dredged. In June, City Council adopted a resolution in which it requested that the City's Beaches and Waterways Advisory Commission study the issues of dredge spoils removal and transfer stations and then present a report to City Council detailing its findings by February 7, 2012. After extensive study and after conducting several lengthy public hearings, the Beaches and Waterways Advisory Commission adopted a report detailing its recommendations to City Council. A key recommendation contained in the report is that the City no longer consider the Maple Street site as a potential dredge spoils transfer site for the Neighborhood Dredging Program. ■ Considerations: This resolution directs the City Manager to remove the Maple Street site from consideration as a potential dredge spoils transfer site for the Neighborhood Dredging Program. The resolution also thanks the Beaches and Waterways Commission for its hard work and the countless hours of volunteer service its members dedicated to this study and report. ■ Public Information: Public notice will be provided via the normal Council agenda process. ■ Attachments: Resolution Requested by Vice -Mayor Jones and Councilmember Wood REQUESTED BY VICE -MAYOR JONES AND COUNCILMEMBER WOOD 1 A RESOLUTION REMOVING THE MAPLE STREET SITE 2 AS A POTENTIAL DREDGE SPOILS SITE 3 4 WHEREAS, on May 10, 2011, City Council adopted a Council policy entitled, 5 "Neighborhood Dredging Program" that established the program, which is funded by a 6 partnership between the City and neighborhood residents to ensure that the Lynnhaven 7 River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation 8 channels are adequately dredged; and 9 10 WHEREAS, on June 14, 2011, City Council adopted a resolution in which it 11 requested that the City's Beaches and Waterways Advisory Commission study the 12 issues of dredge spoils removal and transfer stations and then present a report to City 13 Council detailing its findings by February 7, 2012; and 14 15 WHEREAS, after extensive study and after conducting several lengthy public 16 hearings, the Beaches and Waterways Advisory Commission adopted a report detailing 17 its recommendations to City Council; and 18 19 WHEREAS, a key recommendation of the commission contained in its report is 20 that the City no longer consider the Maple Street site as a potential dredge spoils 21 transfer site for the Neighborhood Dredging Program; and 22 23 WHEREAS, City Council agrees with that recommendation. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 1. That the City Council hereby directs the City Manager to remove the 29 Maple Street site from consideration as a potential dredge spoils transfer site for the 30 Neighborhood Dredging Program. 31 32 2. That the City Council thanks the Beaches and Waterways Commission for 33 its hard work and the countless hours of volunteer service its members dedicated to this 34 study and report. 35 36 Adopted by the City Council of the City of Virginia Beach, Virginia, this 37 day of _ , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA112131 R-3 February 15, 2012 o � z r� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate the Severe Repetitive Loss Grant from the Federal Emergency Management Agency and to Establish CIP # 7-200, "Severe Repetitive Loss Grant Program" MEETING DATE: February 28, 2012 ■ Background: The Federal Emergency Management Agency (FEMA) provides grant funding through the Severe Repetitive Loss (SRL) Program to implement mitigation measures at qualifying residential properties to reduce the likelihood of future flooding damage. This program requires the City to be the fiscal agent and project manager for the mitigation work in Virginia Beach. These funds will enable the elevation of nine residential properties which have sustained repetitive damage due to severe flooding. The individual property owners are required to meet grant requirements. The City engaged in outreach to citizens after Tropical Depression Ida and a Nor'easter in November 2009 to identify potential properties which may qualify for the SRL program and owners willing to volunteer. The City evaluated 80 properties and identified the total of nine on which to build a competitive application based upon the greatest savings to the National Flood Insurance fund and resident voluntary participation. The following properties were included in the approved grant application: • 472 Goodspeed Road • 484 Goodspeed Road • 2917 Lynnhaven Drive • 2981 Lynnhaven Drive • 3003 Lynnhaven Drive • 2512 Long Creek Drive • 3368 Woodburne Drive 2001 Cove Road • 2605 Moss Road The City has received notification that its application for these nine properties was approved. ■ Considerations: The grant amount is $1,721,265, with $1,549,138 provided in federal funding and the remaining $172,127 is the responsibility of the homeowners. Additionally, the City will be responsible for certain administrative expenses that cannot be tied to any of the above properties. Public Works has identified current funding ($25,000) to meet this requirement. The grant requires the City to be responsible for contracting, inspections, and administrative oversight. A new capital project is needed to account for the funding. Capital Improvement Project # 7-200 will be established as the "Severe Repetitive Loss Grant Program." The homeowners' portion of the match will likely qualify for other federal funding (the Increased Cost of Compliance Program), but the eligibility and availability of these funds will not be determined until after the work is completed. The City has received signed agreements from each participant indicating that they understand that they may be required to provide matching funds. ■ Public Information: Public meetings have been held with the impacted communities to describe the SRL program as well as substantive public outreach to solicit interest. The public outreach included survey data collected to screen for propriety of the claims and for compliance with the SRL program in order to present a competitive grant application to the Virginia Department of Emergency Management and FEMA. City Council was provided a presentation on July 5, 2011 detailing the provisions of the SRL program. Public information will be distributed through the normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works � AO City Manager: k , 6 Wi, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE THE SEVERE REPETITIVE LOSS GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND TO ESTABLISH CIP # 7-200, "SEVERE REPETITIVE LOSS GRANT PROGRAM" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. Capital Improvement Project # 7-200, "Severe Repetitive Loss Grant Program," is hereby established in the FY 2011-12 Capital Budget; 2. $1,549,138 is hereby accepted from the Federal Emergency Management Agency and appropriated, with federal revenue increased accordingly, to CIP # 7-200; and 3. $172,127 is hereby accepted from or on behalf of property owners and appropriated, with revenue from local sources increased accordingly, to CIP # 7-200 to meet the match requirement; and 4. The City Manager is hereby authorized to execute a grant agreement on behalf of the City or other necessary project agreements for the Severe Repetitive Loss Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ttorn ice CA12185 R-1 February 15, 2012 fL¢ "f4 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 2011-12 Operating Budget of the Fire Department to Continue the Citizen Corps Council and Community Emergency Response Team MEETING DATE: February 28, 2012 ■ Background: In the summer of 2002, as part of the Homeland Security Initiative, the City established the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) programs. The local CCC is a committee supporting the CERT project, the Medical Reserve Corps, and the Neighborhood Watch program. The CERT utilizes local volunteers to support community emergency preparedness efforts and provide basic emergency intervention. The use of CERT volunteers during Hurricane Irene was widely applauded as an effective extension of City services. Both the CCC and CERT utilize volunteers as their primary workforces and interact with City departments. The Medical Reserve Corps assists the Health Department in various capacities, such as staffing flu clinics, school immunizations, and the Homeless Project. The United States Department of Homeland Security, through the Virginia Department of Emergency Management, has awarded a grant of $31,135 from the 2010 State Homeland Security Grant to the City to continue the Virginia Beach CCC and CERT programs for a ninth year. The Fire Department oversees both of these programs. ■ Considerations: This grant will focus on the maintenance of the CERT program, which includes training of an additional 100+ volunteers and maintaining the certification of the existing 800+ volunteers as well as meeting the needs of the MRC program. Additionally, grant funds will be used to continue the development of the CCC, including raising awareness in the business community and educational institutions, as well as developing partners and resources. No local match is required. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendations: Accept and appropriate $31,135 for the Virginia Beach Fire Departm(+nt to maintain ,hese programs. ■ At tachments: Ordinance Recommended Action: Approval Submitt,ng Department/Agency: Fire Department City Ma � gager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE UNITED STATES DEPARTMENT OF 3 HOMELAND SECURITY TO THE FY 2011-12 OPERATING 4 BUDGET OF THE FIRE DEPARTMENT TO CONTINUE 5 THE CITIZEN CORPS COUNCIL AND COMMUNITY 6 EMERGENCY RESPONSE TEAM II 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That grant funds in the amount of $31,135 are hereby accepted from the United 12 State Department of Homeland Security through the Virginia Department of Emergency 13 Management and appropriated, with federal revenues increased accordingly, to the FY 14 2011-12 Operating Budget of the Fire Department to continue the Citizen Corps 15 Council and Community Emergency Response Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services CA12188 R-1 February 16, 2012 APPROVED AS TO LEGAL SUFFICIENCY: A n 's Office A O `yl rl C 2 h 3 '4 It W 4y� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $31,226 from the Fund Balance of the Sheriff's Office Special Revenue Fund and $21,276 in Estimated State Revenue for the Purpose of Reinstating One State Compensation Board Position MEETING DATE: February 28, 2012 ■ Background: During the FY 2011-12 budget process, the State Compensation Board did not fund eleven positions: ten Deputy Sheriffs and one Public Safety Analyst. As a result, the unfunded positions were eliminated from the FY 2011-12 Operating Budget of the Sheriff's Office. After the budget was adopted by City Council, the State Compensation Board restored funding for the Public Safety Analyst position. The Sheriff has requested the reinstatement of this position, which will be partially funded by the State Compensation Board. The funding for the local portion of this personnel expense will come from the Fund Balance of the Sheriff's Office Special Revenue Fund. ■ Considerations: Salary and fringes needed to fund this position for the remainder of FY 2011-12 total $52,502. If approved, the FY 2011-12 FTE count for the Sheriff's Office will be increased by one position. If approved, this position will be included in the FY 2012-13 budget request for the Sheriff's Office. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: Sheriff's Office City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE $31,226 FROM THE FUND BALANCE OF THE SHERIFF'S OFFICE SPECIAL REVENUE FUND AND $21,276 IN ESTIMATED STATE REVENUE FOR THE PURPOSE OF REINSTATING ONE STATE COMPENSATION BOARD POSITION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $31,226 is hereby appropriated, with revenue from Fund Balance increased accordingly, from the Fund Balance of the Sheriff's Office Special Revenue Fund to provide partial payment for a Public Safety Analyst position; 2. $21,276 is hereby appropriated, with estimated state revenues increased accordingly, to the Sheriff's Office Special Revenue Fund to provide partial payment for a Public Safety Analyst position; and 3. That the FY 2011-12 overall FTE count for the Sheriff's Office is hereby increased to include the addition of a Public Safety Analyst position. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services y tt e ' ice CA12133 R-1 February 10, 2012 N`A 7BjN,cl �1.4v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the CIP #9-069, ,19th Street Corridor Improvements" to the CIP #9-058, "Rudee Inlet Connector Walk" MEETING DATE: February 28, 2012 ■ Background: The Rudee Inlet Connector Walk will provide a direct linkage for pedestrians and cyclists between the Boardwalk and Marina District and will provide infrastructure necessary for the operation of a future water taxi service to serve Rudee Inlet. This project will also complement the proposed bus stop improvements planned for Rudee Loop and will help optimize usage of the 4th Street Parking Lot. The project is divided into three phases to allow design and construction to proceed in accordance with available funding. Phase I will construct of a 10 -foot wide walkway from Winston- Salem Avenue under the Rudee Inlet Bridge, connecting to the 4th Street parking lot. Phase II extends Phase I south to and including water taxi launch under the Rudee Inlet Bridge and park. Phase III extends the walkway east from the water taxi park to the boardwalk. On August 23, 2011, City Council approved an expanded project scope to include Phases II and III and a transfer of $163,551 to this project from CIP 9-302, "Rudee Loop Development" to fully fund Phase I for construction. At that time the additional funding required for design and construction of Phases II and III was quantified but not requested. Since that time, direction was given to staff to use a portion of the Phase I construction funding to advance design of Phases II and III so that construction of Phases II and III can move forward immediately upon the completion of Phase I. Currently, Phase I plans are 100% complete and ready to bid in early March 2012. Phase II and III plans are under design and will be ready to bid together in mid July 2012. ■ Considerations: The construction cost estimate for all three phases is $1,063,989 (see attached for details). The available balance for the project is $288,530. An additional $800,000 is being requested for consideration in the FY 2012-13 CIP to fully fund the project for construction, provide a contingency of $24,541, and re -pay $100,000 to CIP # 9-069. The construction cost estimate for Phase I is $353,000. To advance the bidding and construction of Phase I, a transfer of $100,000 is being requested. Funds are available in CIP # 9-069 for transfer without delaying that project. ■ Public Information: Public information will be handled through the normal Council agenda process. In addition, the Resort Advisory Commission (RAC) Transportation, Parking and Pedestrian Committee (TPPC) was briefed on this project at its July 5th 2011 meeting. Public information meetings with be held with the adjoining civic leagues and condominium associations prior to the start of construction activities. ■ Attachments: Ordinance, Project Phase and Funding Breakdown, and Conceptual Plan Rendering. Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area City Manager: <zh641111—V 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS FROM CIP #9- 069, ,19TH STREET CORRIDOR IMPROVEMENTS" TO CIP #9-058, "RUDEE INLET CONNECTOR WALK" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $100,000 is hereby transferred from CIP #9-069, ,19th Street Corridor Improvements," to CIP #9-058, "Rudee Inlet Connector Walk," to provide the remaining funds needed to proceed to the construction of Phase I of the Rudee Inlet Connector Walk. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: Management Services Ci tt ne e CA12187 R-1 February 16, 2012 El E 04 k J ■ f i }/ ( C9 |� 0 } a' L. PLANNING Application of VIRGINIA BEACH FINANCIAL SERVICE/EDWARD HALLORAN re a Variance to Section 513 of the Site Plan Ordinance to preserve a historic structure at 5241 Princess Anne Road re the Floodplain KEMPSVILLE DISTRICT RECOMMENDATION APPROVAL 2. Application of COURTHOUSE SELF -STORAGE ASSOCIATES, LLC for a Street Closure re an unimproved portion of James Madison Boulevard PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 3. Application of TKC LAND DEVELOPMENT II, LLC for a Conditional Use Permit re a retail store and bulk storage yard at Princess Anne and Sandbridge Roads DISTRICT 6 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C. for a Conditional Use Permit re an outdoor recreation at 3300-3388 Princess Anne Road PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-10 Residential (HK) to P-1Preservation (HK) at 524 Kempsville Road re a public park as recommended by the Historic Kempsville Area Master Plan DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of MCQ BUILDERS, LLC. —1 for a Change of Zoning District Classification from PDH -2 Planned Unit Development Overlay to P-1 Preservation at 467 and 473 North Witchduck Road BAYSIDE DISTRICT RECOMMENDATION APPROVAL 7. Ordinance to AMEND Sections 111 and 1001 of the City Zoning Ordinance (CZO) re the definition, storage, distribution and manufacture of high and low explosives RECOMMENDATION APPROVAL Yti.� si NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, February 28, 2012, at 6:00 p.m., at which time the following applications will be heard: PRINCESS ANNE DISTRICT TKC Land Development II, LLC Application: Conditional Use Permit for a bulk storage yard off Princess Road, Behind 2005 Sandbridge Road (GPIN 2414213872). Inland Diversified Real Estate Services, L.L.C. Application: Conditional Use Permit for outdoor recreation at Princess Anne Road (GPINs 1485908202, 1485918303,1485918632). Courthouse Self -Storage Associates, LLC, Application: Street Closure, unimproved part of James Madison Boulevard (adjacent GPIN 1494627101) KEMPSVILLE DISTRICT City of Virginia Beach Application: Change of Zonine District Classification from R-10 Residential (HK) to P-1Preservation (HK) at 524 Kempsville Road. Comprehensive Plan - Historic Kempsville Suburban Focus Area (SFA), Use: Public park per Historic Kempsville Master Plan. (GPIN 1466786341). Virginia Beach Financial Service / Edward Halloran Application: Floodplain Variance, 5241 Princess Anne Road (GPIN 1466681966). CITY OF VIRGINIA BEACH Ordinance to amend Sections 111 and 1001 of the City Zoning Ordinance pertaining to the definition, storage, distribution and manufacture of high and low explosives. BAYSIDE DISTRICT MCQ Builders, LLC. - 1 Application: Change of Zoning District Classification from PDH -2 Planned Unit Development Overlay to P-1 Preservation at 467 & 473 N Witchduck Road (GPIN 1467888153;1467886085). 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 httg//www vbgov coni/oc For information call 385-4621. If you are physloally disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303. Beacon Feb. 12 & 19, 2012 22855534 T T� !E f0� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH FINANCIAL SERVICE / EDWARD HALLORAN, Floodplain Variance, 5241 Princess Anne Road (GPIN 1466681966). KEMPSVILLE DISTRICT. MEETING DATE: February 28, 2012 ■ Background: The applicant is requesting a variance to the floodplain regulations of the Site Plan Ordinance. The Virginia Uniform Statewide Building Code (USBC) requires all construction located in a flood hazard area designated by the Federal Emergency Management Agency (FEMA) to comply with specific regulations. The most important requirement being that the Finish Floor Elevation (FFE) of the structure is at or above the Base Flood Elevation (BFE), as determined by FEMA maps. Accordingly, the City of Virginia Beach Site Plan Ordinance, Section 5B Floodplain Regulations requires the finished floor elevation of structures that are constructed in a designated flood hazard area to be one foot (1') above the Base Flood Elevation. The applicant is requesting a variance to Section 5B.5.b since the top of the lowest finish floor does not meet the requirement that it be one -foot (1') above the BFE. The FFE of the structure is 7.51 feet. The BFE is 7.5 feet. Since Section 5B.5.b requires the FFE to be one -foot (1') above the BFE, the required elevation for the Finish Floor is 8.5 feet. Accordingly, the FFE is 0.99 feet below the required 8.5 feet; therefore, the applicant is requesting this variance. ■ Considerations: This floodplain variance request is the result of the need to preserve an historic structure, which would have otherwise been destroyed as a result of the Princess Anne Road/Kempsville Road/Witchduck Road CIP Project. The historic building was located at 5233 Princess Anne Road, and was directly in the route of the roadway project. The City worked with the applicant and reached an agreement to relocate the structure to the western side of Lord Dunmore Drive to 5241 Princess Anne Road. The structure was being used for a law office and will be used as a law office and a restaurant in the future at its new location. The actual physical relocation of the structure, however, had to be accomplished sooner than anticipated due to the City potentially losing funding for the CIP project, as there were specific deadlines that the City had to meet by October 31, 2010. Thus, the City worked with the applicant to quickly move the building to its new site on the opposite side of Lord Dunmore Drive. Accordingly, on October 12, 2010, the structure was moved to its new site. Due, however, to the Virginia Beach Financial Services/Halloran Page 2 of 2 expedited nature involved in moving the historic structure to meet the deadline, the Finish Floor of the structure was built 0.01 feet above the BFE of 7.50 feet rather than 1 -foot above the BFE as required, which, in this case, is 8.50 feet. This error was not discovered until November 2011 during site plan review, when data detailing the elevation level of the site topography was provided in response to review comments provided to the applicant's engineer. Moreover, inspections by the Planning Department/Permits and Inspections revealed the same error pertaining to the FFE, and no Certificate of Occupancy will be granted by Permits and Inspections until the error is corrected or a Floodplain Variance is granted. This request for a variance is consistent with the standards provided in Section 5B.8, particularly with regard to 5B.8(c), as the circumstances which `gave rise to the variance application' were necessitated by the need to accommodate the deadlines imposed by a major roadway CIP Project, and thus, are not of a general or recurring nature There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following condition: 1. This variance is granted for a Finish Floor Elevation (FFE) of 7.51 feet instead of the 8.5 feet as required by Section 5B.5.b of the City of Virginia Beach Site Plan Ordinance. ■ 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• �y,L KEMPSVILLE 1•fa i !18 I .-_ g' i Financial Services Virginia ac . � l ` s E2 =� ;oma; z R7.6 �= � Rw •za.mp.Yn c..aY;.�.v�aH,,. qH. Floodplain Variance Spvcv Prorww'o� a PQ`Ft Onr4 y� 11t-HYprlulH�ngavUY QOM 9 February 8, 2012 Public Hearing APPLICANT: VIRGINIA BEACH FINANCIAL SERVICES PROPERTY OWNER: EDWARD HALLORAN STAFF PLANNER: Stephen J. White REQUEST: Floodplain Variance to Section 5B of the Site Plan Ordinance, subsection 5B.5.b Regulation of flood fringes and approximated floodplain. ADDRESS / DESCRIPTION: 5241 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14666819660000 KEMPSVILLE Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting a variance to the floodplain regulations of the Site Plan Ordinance. The Virginia Uniform Statewide Building Code (USBC) requires all construction located in a flood hazard area designated by the Federal Emergency Management Agency (FEMA) to comply with specific regulations. The most important requirement being that the Finish Floor Elevation (FFE) of the structure is at or above the Base Flood Elevation (BFE), as determined by FEMA maps. FEMA offers flood insurance to owners of property in and out of these designated flood hazard areas. The National Flood Insurance Program (NFIP) determines the rates for this coverage based on measures taken by participating localities to make structures more resistant to possible flood damage. Accordingly, the City of Virginia Beach Site Plan Ordinance, Section 5B Floodplain Regulations requires the finished floor elevation of structures that are constructed in a designated flood hazard area to be one foot (1') above the Base Flood Elevation in order to receive a reduced rate for properties within special flood zone areas. Compliance with these requirements is verified by an Elevation Certificate, certified by a registered engineer, and submitted prior to the issuance of the final Certificate of Occupancy. However, due to the possibility of extenuating circumstances stemming from characteristics of a site, a variance process was included with the adoption of the ordinance. The applicant is requesting a variance to Section 5B.5.b since the top of the lowest finish floor does not meet the requirement that it be one -foot (1') above the BFE. The FFE of the structure is 7.51 feet. The VIRGINIA BEACH FINANCIAL SERVICES / HALLORAN Agenda Item 9 Page 1 BFE is 7.5 feet. Since Section 5B.5.b requires the FFE to be one -foot (1') above the FFE, the required elevation for the Finish Floor is 8.5 feet. Accordingly, the FFE is 0.99 feet below the required 8.5 feet; therefore, the applicant is requesting this variance. The following background information is important: This floodplain variance request is the result of the need to preserve an historic structure, which would have otherwise been destroyed as a result of the Princess Anne Road/Kempsville Road/Witchduck Road CIP Project. The historic building was located at 5233 Princess Anne Road, and was directly in the route of the roadway project. The City worked with the applicant and reached an agreement to relocate the structure to the western side of Lord Dunmore Drive to 5241 Princess Anne Road. The structure was being used for a law office and will be used as a law office and a restaurant in the future at its new location. The actual physical relocation of the structure, however, had to be accomplished sooner than anticipated due to the City potentially losing funding for the CIP project, as there were specific deadlines that the City had to meet by October 31, 2010. Thus, the City worked with the applicant to quickly move the building to its new site on the opposite side of Lord Dunmore Drive. In August 2010, the applicant had submitted a development site plan to the Department of Planning/DSC for approval of the proposed development of the site. Due to the October 31 deadline, the required reviews and permits were issued allowing the relocation of the structure to proceed. The permit process included the granting of a zoning variance by the Board of Zoning Appeals on July 7, 2010 to allow a 5 -foot side yard setback from Lord Dunmore Drive instead of 30 feet as required. Lord Dunmore Drive will eventually be closed as part of the overall CIP Project, which will provide a new intersection of Lord Dunmore Drive and the new Princess Anne Road. Due to the continued need for use of the existing Lord Dunmore Drive, the setback variance was needed prior to the structure being relocated to the current site. Accordingly, on October 12, 2010, the structure was moved to its new site. Due, however, to the expedited nature involved in moving the historic structure to meet the deadline, the Finish Floor of the structure was built 0.01 feet above the BFE of 7.50 feet rather than 1 -foot above the BFE as required. This error was not discovered until November 2011 during site plan review, when data detailing the elevation level of the site topography was provided in response to review comments provided to the applicant's engineer. Moreover, inspections by the Planning Department/Permits and Inspections revealed the same error pertaining to the FFE, and no Certificate of Occupancy will be granted by Permits and Inspections until the error is corrected or a Floodplain Variance is granted. Although the project does not comply with the Section 5B.5.b of the Site Plan Ordinance, it does comply with regulations of the Federal Emergency Management Agency (FEMA) with regard to FEMA's flood insurance program. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building (structure subject to this request) and a second office building that was located on the site prior to the historic structure being moved. SURROUNDING LAND North: . Princess Anne Road USE AND ZONING: . North side of Princess Anne Road, religious use / R-10 Residential District (Historic Kempsville Overlay District) South: Tributary of Elizabeth River VIRGINIA BEACH FINANCIAL SERVICES /'HALLORAN Agenda Item 9 Page 2 • South side of the tributary, single-family residential / R-10 Residential District East: . Lord Dunmore Drive • East side of Lord Dunmore Drive, office building / B -1A Limited Community Business District (Historic Kempsville Overlay District) [NOTE: site will be combined with subject property upon future closure of this portion of Lord Dunmore Drive] West: . Tributary of Elizabeth River • West side of the tributary, retail commercial / B-2 Community Business District NATURAL RESOURCE AND The site has been previously developed; however, due to the new CULTURAL FEATURES: development occurring and planned for the site, a site plan has been submitted to the Development Services Center for review. The review of that plan includes requirements for consistency with the Chesapeake Bay Preservation Area Ordinance, as the area of the site adjacent to the tributary of the Elizabeth River is within the Resource Protection Area. The site is also located within the area of the 18th century village of Kempes Landing. Objects of historic value discovered during land disturbance on the site are preserved for study to the greatest extent possible. COMPREHENSIVE PLAN: The Comprehensive Plan designates the Historic Kempsville Area as Suburban Focus Area (SFA) 3. Suburban Focus Areas are designated places within the Suburban Area where there are "opportunities to reinforce or revitalize certain areas by providing compatible land use guidance or recommendations to improve the quality of the land use existing on certain suburban tracts. The purpose of Suburban Focus Areas is to offer guidance to advance these objectives," (p. 3-4 and 3-5, Policy Document). The guidance for the Historic Kempsville Area is provided in the Historic Kempsville Area Master Plan, adopted by City Council in January 2006, and further adopted by reference as a component of the Comprehensive Plan. The Historic Kempsville Plan outlines the methods needed to implement land use, environmental, transportation, and design improvements to accomplish the desired revitalization of this area. I also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality 'village' center. The Plan recommends that the area where the subject site is located be used for mixture of uses within two to three-story structures appropriate to a 'village' setting. IMPACT ON CITY SERVICES There is no impact on City services related to this request for a variance. Impacts of the development of the site as proposed by the applicant are being addressed through the development site plan process being coordinated by the Planning Department / Development Services Center. Section 56.8 of the Site Plan Ordinance states: VIRGINIA BEACH FINANCIAL SERVICES 1 HALLORAN Agenda Item 9 Page 3 Notwithstanding any other provision of this ordinance, the city council may grant such variances from the terms of this section as will not be contrary to the public interest in cases in which the strict application of the provisions of this section would effectively prohibit or unreasonably restrict the use of the subject property; provided, however, that no variance shall be granted unless the city council finds that (1) such variance will not create or result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public; (2) the granting of such variance will not be detrimental to other property in the vicinity; (3) the circumstances giving rise to the variance application are not of a general or recurring nature; (4) such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant; and (5) the granting of such variance will not be in conflict with any ordinance or regulation of the city. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the condition below. Based on events, described in the Summary of Request section of this report, resulting from the need to expedite the permitting process to ensure the preservation of the historic structure, an error was recently discovered pertaining to the Finish Floor Elevation (FFE) of the subject structure. The Finish Floor of the structure was built 0.01 feet above the Base Flood Elevation (BFE) of 7.50 feet instead of being 1 -foot above the BFE as required, which, in this case, is 8.50 feet. This error was not discovered until November 2011 during site plan review, when data detailing the elevation level of the site topography was provided in response to review comments provided to the applicant's engineer. Moreover, inspections by the Planning Department/Permits and Inspections revealed the same error pertaining to the FFE, and no Certificate of Occupancy will be granted by Permits and Inspections until the error is corrected or a Floodplain Variance is granted. Staff, upon evaluation of the variance request with regards to the `findings' that City Council must make before granting a variance to the floodplain regulations of the Site Plan Ordinance, recommends approval of this request for a variance to Section 5B.5.b of the Site Plan Ordinance. The request is consistent with the standards provided in Section 513.8, particularly with regard to 5B.8(c), as the circumstances which `gave rise to the variance application' were necessitated by the need to accommodate the deadlines imposed by a major roadway CIP Project, and thus, are not of a general or recurring nature. CONDITION 1. This variance is granted for a Finish Floor Elevation (FFE) of 7.51 feet instead of the 8.5 feet as required by Section 5B.5.b of the City of Virginia Beach Site Plan Ordinance. VIRGINIA BEACH FINANCIAL SERVICES I HALLORAN :Agenda Item 9 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VIRGINIA BEACH FINANCIAL SERVICES I'HALLCS�2AN Agenda Item 9 Page 5 AERIAL OF SITE LOCATION VIRGINIA BEACH FINANCIAL SERVICES / HALLORAN Agenda Item 9 G Page 6 a -L- - .6160. \ _ N ME SHALL BE \\ \ I II `M`sa _6 9 CORPORATION, )N TURNED OFF \ \\ \ 1\ W E MAIN. \ _ 1_._.I— —� —1 PE K p ICE PROVIDE a �s 6.23•cv e'�e9—R_&�.p \ R 40 N t $ � aT) 1 K � a \ (rn 1 \ \ \ yl IE \ ^l y ,IATES, \ y \ LLP ET ALS \ )327000407630 42 P. 3 i6-58-9924 Fn R10 \ PROPOSED SITE PLAN IA E�Ar10 \ VIRGINIA BEACH FINANCIAL SERVICES/ HALLORAN Agenda Item 9 Page 7 TOP: STRUCTURE ATORIGINAL SITE BOTTOM: STRUCTURE BEING MOVED VIRGINIA BEACH F=INANCIAL SERVICES / HALLORAN Agenda Item 9 Page 8 TOP: STRUCTURE AFTER MOVE TO NEW LOCATION BOTTOM: STRUCTURE AFTER EXTERIOR FINISHED VIRGINIA BEACH F=INANCIAL SERVICES / HALLORAN Agenda Item 9 Page 9 �o � r 11 DISCLOSURE STATEMENT DFF 06 2011 r APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) / 64 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ti�=�'- Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or ern loyee of the of Virginia Beach have an interest in the subject land? Yes � No If yes, what is the name of the official or employee and the nature of their interest? Floodplain Variance Application Page 9 at 10 Revised 7/11/2006 DISCLOSURE STATEMENT VIRGINIA BEACH FINANCIAL SERVICES / HALLORAN Agenda Item 9 Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) .//�� 'a' , J .6 O'r 62, �%�] ur✓t Sri "I c i t Ji i %"�n tin � . � <' ¢i/ 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Z// 6n,, o / Ce " J, ✓ T h 117 � __ Cit✓� / /IyrGL Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Fbodplain Variance Application Page 10 of 10 Revised 7111/2006 DISCLOSURE STATEMENT VIRGINIA BEACH FINANCIAL SERVICES / HALLORAN Agenda Item 9 Page 11 Item #9 Virginia Beach Financial Services Floodplain Variance 5241 Princess Anne Road District 7 Princess Anne February 8, 2012 CONSENT An application of Virginia Beach Financial Services for a floodplain variance to Section 513 of the Site Plan Ordinance, subsection 5B.5.b regulations of flood fringes and approximated floodplain on property located at 5241 Princess Anne Road, District 7, Princess Anne. GPIN: 1466-68-1966-0000. CONDITIONS This variance is granted for a Finish Floor Elevation (FFE) of 7.51 feet instead of the 8.5 feet as required by Section 5B.5.b of the City of Virginia Beach Site Plan Ordinance. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE Item #9 Virginia Beach Financial Services Page 2 FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 9 by consent. A p CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance approving application of Courthouse Self -Storage Associates, L.L.C. and Courthouse Green, LLC, for the closure of an unimproved portion of James Madison Boulevard (adjacent GPIN 1494-71-1651). DISTRICT 7 - PRINCESS ANNE MEETING DATE: February 28, 2012 ■ Background: Courthouse Self -Storage Associates, L.L.C. ("CSS"), requests the discontinuance, closure and abandonment of an unimproved 60 foot right-of-way and an unimproved 60 foot cul-de-sac reservation for right-of-way (collectively, the "right-of-way") dedicated by plat in 1996 (M.B. 253, PG. 31) ("plat"). The plat identified the 60 foot right-of-way as "60' right-of-way reservation" and the 60 foot cul-de-sac as "60' cul-de-sac to be dedicated". A plat note stated "all rights-of- way are hereby dedicated to the City of Virginia Beach". Staff concluded that the 60 foot right -of- way was dedicated by the plat note. Staff also concluded that while the 60 foot cul-de-sac was not dedicated by the plat note, it does exist as a reservation. CSS requested that the cul-de-sac also be closed so there is no expectation that the cul-de-sac will be dedicated to the City in the future. When the application was submitted, CSS, the initial applicant, was the owner of the adjacent property to the east. On December 29, 2011, CSS conveyed the property, including its interest in the subject right-of-way, to Courthouse Green, LLC, ("Courthouse Green"). Upon closure of this right-of-way, Courthouse Green will acquire title to the closed right-of-way. (CSS and Courthouse Green are collectively referred to herein as the "applicant".) ■ Considerations: The purpose of this request is to incorporate the closed area into the adjacent site to the east. The closure will provide a secondary entrance for a proposed single-family residential development, which was approved by the City Council through a Conditional Change of Zoning, on July 12, 2011.The right-of-way proposed for closure is unimproved, but does include a portion of a public pathway and trees planted by the City. The applicant is aware of the City -owned trees and public pathway and understands the construction of the residential development may require the relocation of some City -owned trees. The Viewers evaluated this request and determined that the closure of this right- of-way will not result in any public inconvenience. Staff concurs with the Viewers, and recommends approval of this request with the conditions below. There was no opposition to the request. Courthouse Self -Storage Associates, LLC / Courthouse Green, LLC Page 2of3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. If a purchase price is to be paid to the City, the price 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 parcel. The plat must be submitted and approved for recordation prior to final street closure approval. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review unless the Public Works Director or his designee waives this requirement. 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 or the applicant will work with the utility companies to relocate those utilities, if required. 4. The City will retain an easement, subject to the approval of the Department of Parks and Recreation and the City Attorney's Office, over the portion of the public pathway located on Parcel 133-13. 5. The removal of City -owned trees located within the right-of-way must be coordinated with the City's Landscape Management Division. The City -owned trees may either be incorporated into the residential development or relocated within the City -owned park area at the developer's expense. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Minutes of Planning Commission Hearing Ordinance Location Map Courthouse Self -Storage Associates, LLC / Courthouse Green, LLC Page 3 of 3 Recommended Action: recommends approval. Submitting Department/Agency: Planning Departmen ---- City Manager: Staff recommends approval. Planning Commission PRiNCESa ANNE Waiv�r'vx. nnCanr �.[MflrMaiianp•a �`".."a'� k 1. -. l�. t ;WwsM t:;"!ji'"J. WI, • iusiwiextvxJCana�v'Uh�ri�>rr,Weny 8 February 8, 2012 Public Hearing APPLICANT: COURTHOUSE SELF STORAGE ASSOCIATION, LLC STAFF PLANNER: Karen Prochilo REQUEST: Discontinuance, closure and abandonment of a portion of right-of-way located at the southern terminus of James Madison Boulevard. ADDRESS / DESCRIPTION: Right-of-way located approximately 450 feet south of the intersection of George Mason Drive and James Madison Boulevard, and further located southwest of the U.S. Post Office site. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to property PRINCESS ANNE 23,241 SF 60'r/w Less than 65 dB DNL identified as GPIN 5,945 SF cul-de-sac 14946271010000 TOTAL SIZE: 29,186 SF SUMMARY OF REQUEST The applicant requests the discontinuance, closure and abandonment of an unimproved 60 -foot wide cul- de-sac and a 60 -foot wide right-of-way dedicated by plat (M.B. 253, PG. 31). The purpose of the requested closure is to incorporate the closed area into the adjacent site, providing a secondary entrance into the proposed residential development. The Conditional Change of Zoning permitting the single-family residential development was approved by City Council on July 12, 2011. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Unimproved right-of-way COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 1 A 24 A°2 Waiv�r'vx. nnCanr �.[MflrMaiianp•a �`".."a'� k 1. -. l�. t ;WwsM t:;"!ji'"J. WI, • iusiwiextvxJCana�v'Uh�ri�>rr,Weny 8 February 8, 2012 Public Hearing APPLICANT: COURTHOUSE SELF STORAGE ASSOCIATION, LLC STAFF PLANNER: Karen Prochilo REQUEST: Discontinuance, closure and abandonment of a portion of right-of-way located at the southern terminus of James Madison Boulevard. ADDRESS / DESCRIPTION: Right-of-way located approximately 450 feet south of the intersection of George Mason Drive and James Madison Boulevard, and further located southwest of the U.S. Post Office site. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to property PRINCESS ANNE 23,241 SF 60'r/w Less than 65 dB DNL identified as GPIN 5,945 SF cul-de-sac 14946271010000 TOTAL SIZE: 29,186 SF SUMMARY OF REQUEST The applicant requests the discontinuance, closure and abandonment of an unimproved 60 -foot wide cul- de-sac and a 60 -foot wide right-of-way dedicated by plat (M.B. 253, PG. 31). The purpose of the requested closure is to incorporate the closed area into the adjacent site, providing a secondary entrance into the proposed residential development. The Conditional Change of Zoning permitting the single-family residential development was approved by City Council on July 12, 2011. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Unimproved right-of-way COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 1 SURROUNDING LAND North: . James Madison Boulevard USE AND ZONING: . U.S. Post Office / B -1A Limited Community Business District & AG -2 Agricultural District • City offices / 0-2 Office District South: . Public open space and a stormwater management facility (small lake) / 0-2 Office District East: . Single -Family Development currently under design / R -5D Residential District West: . Public open space and offices / 0-2 Office District NATURAL RESOURCE AND The proposed development is located within the Southern Watershed CULTURAL FEATURES: Management Area and is subject to provisions of the Southern Watershed Management Ordinance. There are no known significant cultural features associated with this property. IMPACT ON CITY SERVICES PUBLIC UTILITIES (WATER & SEWER): There are no facilities within the proposed closure. No objection to this request. PRIVATE UTILITES: If private utilities do exist, easements satisfactory to the utility company are to be provided. PARKS AND RECREATION: Parks and Recreation is not opposed to this street closure. There is a portion of an existing public pathway in the area to be closed. This portion of the public pathway will not be impacted by the street closure or the residential development. EVALUATION AND RECOMMENDATION The portion of the right-of-way proposed for closure is part of an unimproved area. This area does have a few City -owned trees and a portion of a public pathway in it. The closed portion of this right-of-way shall be incorporated into a single-family residential development recently approved by City Council. The applicant is aware of the City -owned trees and public pathway. The design of the residential development may require the relocation of some City -owned trees. The Viewers evaluated this request and determined that the closure of this right-of-way will not result in any public inconvenience. Staff concurs with the Viewers and thus recommends approval of this request with the conditions below. COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. If a purchase price is to be paid to the City, the price 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. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review unless the Public Works Director or his designee waives this requirement. 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.. or the applicant will work with the utility companies to relocate those utilities if required. 4. The City will retain an easement, subject to the approval of the Department of Parks and Recreation and the City Attorney's Office, over the portion of the public pathway located on Parcel 133-13. 5. City -owned trees located within the right-of-way that may need to be removed are to be coordinated with the City's Landscape Management Division. The City -owned trees may either be incorporated into the residential development or relocated within the City -owned park area at the developer's expense. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 3 AERIAL OF SITE LOCATION COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 4 AMM42071A 3CH 4Z'4bi'0Z,z" Vw COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 5 Z MASOAI DRNE (110' R/W) NOTE: THIS PLAT IS FOR EXJi18fT PURPOSES ONLY AND 119. PG. 38—& 39, DOES NOT REPRESENT A BOUNDARY SURVEY. CURVE TABLE CURVE RADIUSLENGTH TANGENT CHORD C€iORD BEARING DELTA C1 60.00' 62.$3 34.64' 60.()0 5 02' 045 9 E 60'(M100 C2 60.00 157.08' 3.9 115.91 S 42'1451 W 15O'0000 - G3 60.00" 94.25' fi0.00' 84.85 N 17'05'090 W 90'00'60" S 59'37'03" E S 59'36'05" C PARCEL 83-A M.B. 253, PG. 31 UNITED STATES POSTAL SERVICE GPIN 14947949020060 D.B. 3660, PG, 2063 PlPI 60 09' �Q 492.80" 2 z ~ b- GO' CUL-DE-SAC M.B. 253, PG. 31 TO BE CLOSED m c� AREA= 5,945 $0, ET. M,8. 253, PG. 31 OR 0.1365 ACRES COURTHOUSE GREEN LCC GPIN 14947163471NO M M cr` 1/ PARCEL B3 -B ,ryh o M.B. 253, PG. 31 a COURTHOUSE GREEN LLC GPIN 14947116510000 ,O� INSTR. 12011122%01333400 rn� m �+ a 60' R/W RESE'iiVARON a N u M,8, 253, PG. 31 TO BE CLOSED I AREA- 23,241 SO. FT. rn N OR 0.5335 ACRES LI fi0.1w 264.5f N 58`19'36" W D N 58'20'06" W PARCEL A-1 M.B. 305, PG. 59 CITY OF VIRGINA BEACH GPIN 14946271010000 PRINCESS ANNE COMMONS i D.B. 3698, PG, 954 LEGEND: 60' CUL-DE-SAC u M.B. 253,, PC. 311 TO BE CLOSED ka AREA- 5,945 SO, FT. OR 0.1365 ACRES 60' R/W RESERVATION M.B. 253, PG. 31 TO BE CLOSED F/M AREA- 23,241 SO. it. OR 0,5335 ACRES 371.28' 371.40' PIN r - x f-. �af /�,G' .. WCHAEL L. WILLIAMS Lic NO. 2076 cit j2 -r`2.. ya� SUftS'�`,xv' REFERENCE: M.B. 253, PO, 31 GRAPHIC SCALE 100 0 100 200 SCALE FEEL' �c.... --l\nn i_✓�unclul-ti-tCl.tt'+ru itAMII PIN PIN fOtlND NS �p4_ _ 'yy 197'14 (FIELD) 0:7N63"56'55"W 196.95'(PLAT) NCKORY BnDGE DAVID W, HU NER & SUSAN H. HEFFNER GPIN 14947131790000 INSTR. 1200608310013289CO y EXHIBIT 'A' SHOWING UN!MPR0ITD 60' R/W RESERVATION AND 60' CUL-DE-SAC TO BE CLOSED ON PARCEL 83-B FOR COURTHOUSE GREEN LCC VIRGINIA BEACH, VIRGINIA SCALE: 1'- 100' JANUARY 12, 2012' wnp,rr-w c rvy k^ C r ",vtif v'\0.✓VA✓L, 1 CRS SUk"rEl'0R5, ENG4JEER5 & P[A.NNERS 300 GEORGE WASHINGTON H'NY, N. CHESAPEAKE. VIRGINIA 2332.1 (757) 487-4535 PROPOSED STREET CLOSURE EXHIBIT COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 6 �Q b- PART OF PARCEL A-1 M,8. 253, PG. 31 COURTHOUSE GREEN LCC GPIN 14947163471NO INSTR.20t11229(b1333390 ,ryh o a ,O� 00 h r - x f-. �af /�,G' .. WCHAEL L. WILLIAMS Lic NO. 2076 cit j2 -r`2.. ya� SUftS'�`,xv' REFERENCE: M.B. 253, PO, 31 GRAPHIC SCALE 100 0 100 200 SCALE FEEL' �c.... --l\nn i_✓�unclul-ti-tCl.tt'+ru itAMII PIN PIN fOtlND NS �p4_ _ 'yy 197'14 (FIELD) 0:7N63"56'55"W 196.95'(PLAT) NCKORY BnDGE DAVID W, HU NER & SUSAN H. HEFFNER GPIN 14947131790000 INSTR. 1200608310013289CO y EXHIBIT 'A' SHOWING UN!MPR0ITD 60' R/W RESERVATION AND 60' CUL-DE-SAC TO BE CLOSED ON PARCEL 83-B FOR COURTHOUSE GREEN LCC VIRGINIA BEACH, VIRGINIA SCALE: 1'- 100' JANUARY 12, 2012' wnp,rr-w c rvy k^ C r ",vtif v'\0.✓VA✓L, 1 CRS SUk"rEl'0R5, ENG4JEER5 & P[A.NNERS 300 GEORGE WASHINGTON H'NY, N. CHESAPEAKE. VIRGINIA 2332.1 (757) 487-4535 PROPOSED STREET CLOSURE EXHIBIT COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 6 PHOTOGRAPHOF UNIMPROVED RIGHT-OF-WAY COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 7 PRINCESS AN V a I z� t) xx rE asp G^yw d: G Q+A / y ! 7 ri E t �'i r N F�3� h: ) CII 'f" : H f�' � t Cx ) ntC(, • t ! >4 r.,o �afD rirM r 0"b 4 � � � !, *„�: ,p�.y S)L. tt� l•> Kc ! �_ i\ I; -i >?".,,,•, il/"p'. }n.t B' ) 2v H' ) `K�y(i 'f. Y{r'Y�efr t CS r q !,ro tt n t, -r' tr -� xr, }:crG ., i y }. �e � UD t) KZ. 7 y r,tn w . Kt ! s) rK7. e v HCC ht '.. s, r'*h,Tl-Kx. 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Proffers, Open Street Closure - Portion of James Madison Blvd. Space Promotion or POH•2 Overhys HCD - Historical and Cultural District Overby ZONING HISTORY # DATE REQUEST ACTION 1 07/12/2011 Conditional Rezoning (13-1A to PD -H2 w/ R -51D) Conditional Rezoning AG -2 to PID -H2 w/ R-51D Granted 2 05/25/1999 Conditional Rezoning (AG -2 to B -1A) Conditional Use Permit (mini -storage) Granted 3 05/09/1995 Conditional Use Permit (satellite .antenna) Granted 11/10/1986 Conditional Use Permit satellite -antenna Granted 4 02/08/1994 Conditional Rezoning AG -2 to B' -1A Granted COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, .partners, etc, below; (Attach list if necessary) Courthouse Self -Storage Associates, .LL.C.: Richard D. Allred', Karen W. Allred 2. List all businesses that have a parent -subsidiary' or affiliated business entity? relationship with the applicant (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following. 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Courthouse Green LLC: Alex Pete Kotarides, Manager 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) QCheck here if the property owner is NOT a corporation, partnership, firm, business„ or other unincorporated organization. & " See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Street Closet ApNicatw Page 39 of ' 7 qevistd71' 07 DISCLOSURE STATEMENT COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 9 [D:::1:SCL0SURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal servioev. (Attach list it necessary) SYKES, BOURDON, AHERN & LEVY ' 'Parent -subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va, Code § 2.2-3101. 2'Affiliated business entity relationship" means "a relationship, other than parent- subsidiary arentsubsidiary relationship, that exists when (I) one business entity has a controlling ownership Interest in the other business entity, (0) 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 Sam person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act, Va, Code ii 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate, I understand that, upon receipt of notification (postcard) that the application has Dean scheduled for pubtic, hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions In this pacitage, The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application, COURTHOUSE SELF -STORAGE ASSOCIEATES, L.L.G. RICHARD 0, ALLRCO, MANAGER Applicant's Signature Print Name Property Owner's Signature (if different than applicsjr) Print Name SVW Clowe Appkwtion Pap 11 of I I R—.d MW DISCLOSURE STATEMENT COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 10 December 1, 7011 To Whom It May Concem This loiter Shall verify that, I► I have knowledge of and I agree With Courthouse Self -Storage Associates. L.L.C. request to close the portion of James Madison Boulevard cul-de-sac and 60' R/W reservation located on Parcel 33-8, M6 253, P 31; 2) 1 understand that I have on option to purchase the portion of the street adjacent to my properly; and 3) 1 understand that City Council may place conditions on the Street Closure request, and I will agree to those conditions. Sincerely, City of Virginia Beach, Virginia 2405 Courthouse Drive Virginia Beach, VA 23456 COMMONWEALTH OF VIRGINIA TO -WIT CITY OF ..Vlil,,If-�AXA� .�.���������������— The forei np Instru eni was ocknowledged before me. I . Notary Public, this day of 20hy--ax. They bavec3rt�a — presented j�-are personally known to me. to .x Notary Seal K� xhfo A 6f'. Not Public Registration Number: _,_ My commission expires: ADJACENT PROPERTY LETTER COURTHOUSE SELF STORAGE ASSOCIATION, LLC Agenda Item 8 Page 11 Item #8 Courthouse Self -Storage Associates, L.L.C. Discontinuance, closure and abandonment of an unimproved part of James Madison Boulevard District 7 Princess Anne February 8, 2012 CONSENT An application of Courthouse Self -Storage Associates, L.L.C. for a discontinuance, closure and abandonment of a portion of right-of-way located at the southern terminus of lames Madison Boulevard, District 7, Princess Anne: GPIN: 1494-62- 71010000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. If a purchase price is to be paid to the City, the price 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 parcel -s. The plat must be submitted and approved for recordation prior to final street closure approval. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review unless the Public Works Director or his designee waives this requirement. 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. or the applicant will work with the utility companies to relocate those utilities if required. Item #8 Courthouse Self -Storage Associates, L.L.C. Page 2 4. The City will retain an easement, subject to the approval of the Department of Parks and Recreation and the City Attorney's Office, over the portion of the public pathway located on Parcel 133-13. 5. The removal of City -owned trees located within the right-of-way must be coordinated with the City's Landscape Management Division. The City -owned trees may either be incorporated into the residential development or relocated within the City -owned park area at the developer's expense. 6. 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. !VOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE NAY 0 ABS 0 ABSENT 0 Item #8 Courthouse Self -Storage Associates, L.L.C. Page 3 RUSSO AYE THORNTON AYE By a vote of 11-0, the Commission approved item 8 by consent. Eddie Bourdon appeared on behalf of the applicant. 1 ORDINANCE APPROVING APPLICATION OF 2 COURTHOUSE SELF-STORAGE ASSOCIATES, 3 L.L.C. AND COURTHOUSE GREEN, LLC, FOR THE 4 CLOSURE OF AN UNIMPROVED PORTION OF 5 JAMES MADISON BOULEVARD (ADJACENT GPIN 6 1494-71-1651) 7 8 WHEREAS, Courthouse Self-Storage Associates, L.L.C. applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of- 10 way and cul-de-sac reservation (collectively, "right-of-way") discontinued, closed, and 11 vacated; and 12 13 WHEREAS, after Courthouse Self-Storage Associates, L.L.C. submitted 14 its application for the closure of the hereinafter described right-of-way, it conveyed its 15 property, including its interest in the hereinafter described right-of-way to Courthouse 16 Green, LLC; 17 18 WHEREAS, Courthouse Self-Storage Associates, L.L.C. and Courthouse 19 Green, LLC are collectively referred to herein as the "applicant"; 20 21 WHEREAS, it is the judgment of the Council that said right-of-way be 22 discontinued, closed, and vacated, subject to certain conditions having been met on or 23 before one (1) year from City Council's adoption of this Ordinance; 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 26 Virginia Beach, Virginia: 27 28 SECTION 1 29 30 That the hereinafter described right-of-way be discontinued, closed and 31 vacated, subject to certain conditions being met on or before one (1) year from City 32 Council's adoption of this ordinance: 33 34 All those certain pieces or parcels of land situate, lying and 35 being in the City of Virginia Beach, Virginia, designated and 36 described as "60' R/W RESERVATION M.B. 253, PG. 31 TO 37 BE CLOSED AREA=23,241 SQ. FT. OR 0.5335 ACRES", 38 and designated and described as "60' CUL-DE-SAC M.B. 39 253, PG. 31 TO BE CLOSED AREA = 5,945 SQ. FT. OR 40 0.1365 ACRES" shown as the hatched area and the cross- 41 hatched area, respectively, on that certain plat entitled: 42 "SHOWING UNIMPROVED 60' RNV RESERVATION AND 43 44 GPIN:1494-71-1651-0000 1 45 60' CUL-DE-SAC TO BE CLOSED ON PARCEL 133-13 FOR 46 COURTHOUSE GREEN LLC VIRGINIA BEACH, VIRGINIA" 47 Scale: 1"= 100', dated January 12, 2012, prepared by Horton 48 & Dodd, P.C., a copy of which is attached hereto as Exhibit 49 "A" 50 51 SECTION II 52 53 The following conditions must be met on or before one (1) year from City 54 Council's adoption of this ordinance: 55 56 1. The City Attorney's Office will make the final determination regarding 57 ownership of the underlying fee. If a purchase price is to be paid to the City, 58 the price shall be determined according to the "Policy Regarding Purchase of 59 City's Interest in Streets Pursuant to Street Closures," approved by City 60 Council. Copies of the policy are available in the Planning Department. 61 62 2. The applicant shall resubdivide the property and vacate internal lot lines to 63 incorporate the closed area into the adjoining parcel. The plat must be 64 submitted and approved for recordation prior to final street closure approval. 65 A plat providing a drainage easement shall be reviewed and approved by the 66 City of Virginia Beach Public Works Department during detailed site plan 67 review unless the Public Works Director or his designee waives this 68 requirement. 69 70 3. The applicant shall verify that no private utilities exist within the right-of-way 71 proposed for closure. Preliminary comments from the utility companies 72 indicate that there are no private utilities within the right-of-way proposed for 73 closure. If private utilities do exist, easements satisfactory to the utility 74 company must be provided or the applicant will work with the utility 75 companies to relocate those utilities, if required. 76 77 4. The City will retain an easement, subject to the approval of the Department of 78 Parks and Recreation and the City Attorney's Office, over the portion of the 79 public pathway located on Parcel 133-13. 80 81 5. The removal of City -owned trees located within the right-of-way must be 82 coordinated with the City's Landscape Management Division. The City -owned 83 trees may either be incorporated into the residential development or relocated 84 within the City -owned park area at the developer's expense. 85 86 6. Closure of the right-of-way shall be contingent upon compliance with the 87 above stated conditions within 365 days of approval by City Council. If the 88 89 conditions noted above are not accomplished and the final plat is not 90 approved within one year of the City Council vote to close the right-of-way, 91 this approval shall be considered null and void. 92 93 SECTION III 94 95 1. If the preceding conditions are not fulfilled on or before February 27, 96 2013, this Ordinance will be deemed null and void without further action by the City 97 Council. 98 99 2. If all conditions are met on or before February 27, 2013, the date of 100 final closure is the date the street closure ordinance is recorded by the City Attorney. 101 102 3. In the event the City of Virginia Beach has any interest in the 103 underlying fee, the City Manager or his designee is authorized to execute whatever 104 documents, if any, that may be requested to convey such interest, provided said 105 documents are approved by the City Attorney's Office. 106 107 SECTION IV 108 109 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 110 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 111 OF VIRGINIA BEACH as "Grantor" and COURTHOUSE GREEN, LLC, as "Grantee." 112 113 Adopted by the Council of the City of Virginia Beach, Virginia, on this 114 day of , 2012. 115 116 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE - 117 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11983 R-1 February 13, 2012 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D010\P014\00006020. DOC APP E AS TO CONTENT: G Plihnino De artment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 3 EXHIBIT "A" GEORGE MASON DRIVE (110' R/W) NOTE THIS PIAT IS FOR EXHIBIT PURPOSES ONLY AND 119, PG. 38 & 399) DOES NOT REPRESENT A BOUNDARY SURVEY. PIN FOUND ZZ w � o � rn rn 60' R/W RESERVATION ro w M.B. 253, PG. 31 co TO BE CLOSED AREA= 23,241 SQ. FT. os N OR 0.5335 ACRES 60.18 264.56' PIN N 58'19'36" W 371.28' FOUND N 58'20'06" W 371.40' PARCEL A-1 M.B. 305, PG. 59 CITY OF VIRGINIA BEACH GPIN 14946271010000 7h PRINCESS ANNE COMMONS 1� D.B. 3698, PG. 954 LEGEND: --wMKXAE E, x 60' CUL-DE-SAC WwAMs a M.B. 253, PG. 31 Um No. 2076 TO BE CLOSED AREA= 5.945 SQ. FT. OR 0.1365 ACRES l S(3R04 60R/W RESERVATION M.B. 253, PG, 31 TO BE CLOSED AREA= 23,241 SQ, FT. OR 0.5335 ACRES REFERENCE: M.B. 253, PG. 31 CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD CHORD BEARING DELTA C1 60.00' 62.83' 34.64' 60.Q0' S 02'45 09 E 60'00 00" C2 6p.00' 157.08' 223.92 115.91' S 42'14'51- W 150'00 00 73 60.00' 94.25' 60.00' 84.85' N l T45 09' W-9-0;00'00" ;<A PARCEL 83-A t1 P/N M.B. 253, PG. 31 A FOUND UNITED STATES POSTAL SERVICE G' GPIN 14947149020000 D.B. 3660, PG. 2063 0 4_i9 d?� S 59'37'03" E 552.85'(PLAT) S 59'36'05" E 552.89'(FIELD) PIN 492.80' FOUND 60' CUL-DE-SAC M.B. 253, PG. 31 TO BE CLOSED AREA= 5,945 SQ, FT. OR 0.1365 ACRES PARCEL W—B M.B. 253, PG. 31 COURTHOUSE GREEN LLC GPIN 1494711651 DODO INSTR. #20111229001333400 GRAPHIC SCALE 100 0 100 200 SCALE FEET F:\ACAD\D'NG\22044 EXHIBfT\RW CLOSURE(Ot-11-12).DWG (EXH[Bff) PIN PIN FOUND FOUND N63758*04 IN 197.1 N63 56'55"W 196 95'(PIAT} MCKORY BrdDW DAVID W. HEFFFNER & SUSAN H. HEFFNER GPIN 14947131790000 Z , INSTR. 120060831001328900 EXHIBff 'A' SHOWING UNIMPROVED 60' R/W RESERVATION AND 60' CUL-DE-SAC TO BE CLOSED ON PARCEL B3 -B FOR COURTHOUSE GREEN LLC VIRGINIA BEACH, VIRGINIA SCALE: 1 "= 100' JANUARY 12, 2012 HtiTON &D4©D, P.C. hdSURVEYORS, ENGINEERS & PLANNERS 300 GEORGE WASHINGTON HWY. N. CHESAPEAKE, VIRGINIA 23323 (757) 487-4535 h1--� ITA y. PART OF PARCEL A-1 M.B. 253, PG. 31 COURTHOUSE GREEN LLC GPIN 149471634710000 - INSTR. #20111229001333390 e Oryoio h GRAPHIC SCALE 100 0 100 200 SCALE FEET F:\ACAD\D'NG\22044 EXHIBfT\RW CLOSURE(Ot-11-12).DWG (EXH[Bff) PIN PIN FOUND FOUND N63758*04 IN 197.1 N63 56'55"W 196 95'(PIAT} MCKORY BrdDW DAVID W. HEFFFNER & SUSAN H. HEFFNER GPIN 14947131790000 Z , INSTR. 120060831001328900 EXHIBff 'A' SHOWING UNIMPROVED 60' R/W RESERVATION AND 60' CUL-DE-SAC TO BE CLOSED ON PARCEL B3 -B FOR COURTHOUSE GREEN LLC VIRGINIA BEACH, VIRGINIA SCALE: 1 "= 100' JANUARY 12, 2012 HtiTON &D4©D, P.C. hdSURVEYORS, ENGINEERS & PLANNERS 300 GEORGE WASHINGTON HWY. N. CHESAPEAKE, VIRGINIA 23323 (757) 487-4535 Wig S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TKC LAND DEVELOPMENT II, LLC, Conditional Use Permit, bulk storage yard, off of Princess Road, Behind 2005 Sandbridge Road (GPIN 2414213872). PRINCESS ANNE DISTRICT. MEETING DATE: February 28, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site with a bulk storage yard in conjunction with a retail operation. The site was rezoned from Agricultural District to Conditional B-2 Business District in 2008. The overall intent of the plan approved with the 2008 rezoning is the creation of a mixed-use business park for the area. Commercial retail and services uses are planned for the northern portion of the park, adjacent to the existing shopping center, and office uses are planned for the southern portion of the park, adjacent to the residential area. The requested Use Permit will allow the first project for the business park to proceed. ■ Considerations: The applicant proposes construction of a Tractor Supply Company retail store and bulk storage facility on the site. Tractor Supply Company specializes in the retail sales of farm and ranch equipment, lawn and garden equipment and supplies, tools and hardware, pet and livestock equipment and feed, and clothing and footwear. The proposed building is 19,097 square feet and the proposed bulk storage area (or outdoor sales area) is 15,000 square feet. The storage area is located 35 feet from the Fisher Arch right-of-way, is enclosed with an eight -foot tall black aluminum fence, and is screened from adjacent roadways by a landscaped berm. Access to the bulk storage area is at the rear of the site through the adjacent shopping center. Additional bulk storage (display areas) on the site are proposed along the frontage of the site and the front of the building. The applicant has enhanced the prototypical Tractor Supply Company building exterior as follows: • HardiePlank® behind front wall sign instead of galvanized metal; • Pilasters added along east and west side of the building to break up the wall the effect; • Use of a darker paint color on the bottom four feet two sides of the building; • Faux barn shutters added on front and left side (non fenced display area side) of the building; TKC Land Development 11, LLC Page 2 of 3 Awnings added along the left side of the building (non fenced display area side); and The outdoor display area fencing will be black aluminum tube fencing instead of chain link fencing. The proposed retail establishment with bulk storage yard areas is consistent with the land use policies of the Comprehensive Plan's Transition Area in that this type of retail use is neighborhood serving and is important for the agricultural community nearby and in the Rural Area. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in accordance with the submitted "Preliminary Site Plan's of Tractor Supply Company at Princessboro Development, Sheet C-1 Layout and Sheet L-1 Landscape Plans", prepared by Parrish Layne Design Group, and dated 12-19-11. Said plans have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. Should the applicant be unsuccessful in obtaining variances for the drive aisle width and the parking requirements, the site and landscape plans shall be revised to meet the requirements of the City Zoning Ordinance. 2. The building shall be constructed substantially in accordance with the submitted building elevation prepared by Oxford Architecture. Building materials and architectural elements shall be adhered to as depicted on the elevation. Said elevation plan has been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 3. The display areas located at the front of the store and at the front of the site shall be striped to designate the location of the merchandise. All merchandised shall be stored within the designated areas. 4. No merchandise stored in the "fenced outdoor sales" area, adjacent to the building, shall exceed the height of the fencing except the gates, which will be stored against the side of the building. 5. The applicant shall obtain the necessary ingress -egress easements with the adjacent shopping center to access the site through the shopping center property. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map TKC Land Development II, LLC Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage : SZ, , 5 V --L PRINCESS ANNE h,,2 TKC Land Development 11, L.L.C. ;,alr N 7 iU AG1 B2 )Je% [l ♦ AG • 2 �' AGI B2* AG2 iAt+2* B2 B2* -AG2 02* AG2 P /" Area AG2 R10* AG1 PI* ,RIO* R10* RIO' •z«.y.aac«dr«.vwr«:,o CUP: Bulk Storage REQUEST: Conditional Use Permit (bulk -storage) ADDRESS / DESCRIPTION: behind 2005 Sandbridge Road 2 January 11, 2012 Public Hearing APPLICANT: TKC LAND DEVELOPMENT II, L.L.C. PROPERTY OWNER: PRINCESSBORO DEVELOPMENT COMPANY STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Portion of PRINCESS ANNE 2.8 acres 65-70 dB DNL 24142138720000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site with a bulk storage yard in conjunction with a retail operation. The site was rezoned from Agricultural District to Conditional B-2 Business District in 2008. The overall plan for the area is to have a mixed use business park. Commercial retail and services uses are planned for the northern portion of the park, adjacent to the existing shopping center, and office uses are planned for the southern portion of the park, adjacent to the residential area. This is the first use proposed for the park. The applicant proposes construction of a Tractor Supply Company retail store and bulk storage facility on the site. Tractor Supply Company specializes in the retail sales of farm and ranch equipment, lawn and garden equipment and supplies, tools and hardware, pet and livestock equipment and feed, and clothing and footwear. The proposed building is 19,097 square feet and the proposed bulk storage area, or outdoor sales area, is 15,000 square feet. The storage area is enclosed with an eight foot tall black aluminum fence and screened by a landscaped berm. Access to the storage area is via the rear of the site through the adjacent shopping center. Additional bulk storage, or display areas, on the site are proposed along the frontage of the site and the front of the building. TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 1 The storage, or display area, at the front of the site is 35 -feet from the proposed Fisher Arch, and is screened with a landscaped berm. The display area at the front of the store is separated from the building by a walkway. Parking for bicycles and pedestrian walkways from both streets are also depicted on the plan. The prototypical building exterior has been upgraded to reflect the following items: • HardiePlank® behind front wall sign instead of galvanized metal; • Pilasters added along east and west side of the building to break up the wall the effect; • Use of a darker paint color on the bottom four feet two sides of the building; • Faux barn shutters added on front and left side (non fenced display area side) of the building; • Awnings added along the left side of the building (non fenced display area side); and • The outdoor display area fencing will be black aluminum tube fencing instead of chain link fencing. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site / Conditional B-2 Business SURROUNDING LAND North: . Retail / B-2 Community Business District USE AND ZONING: South: . Proposed private right-of-way East: • Proposed private right-of-way West: . Undeveloped site / Conditional B-2 Business NATURAL RESOURCE AND The majority of the site is farm field. There is a small cemetery with a 10 - CULTURAL FEATURES: foot wide private ingress -egress easement from Princess Anne Road that will remain. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Transition Area. The Transition area is strategically located between the more urbanized region of the City to the north and the rural area to the south. This area is bounded by Princess Anne and Sandbridge Roads along the north, North Landing Road to the west, Indian River Road to the south, and New Bridge Road to the east. The Transition Area is characterized by many high quality residential neighborhoods that include significant open space areas. Commercial development within the Transition Area should be thought of as neighborhood serving centers. Development within the Transition Area doesn't allow for big box commercial establishments. Franchise development should respect the community character and should be designed for compatibility with the surrounding neighborhood. All outdoor display areas, including garden centers and any seasonal sales, shall be enclosed on sides with high quality fencing. All outdoor display areas shall be designated on the site plan and must not extend into parking areas. Pedestrian walkways shall provide access from the parking area to the primary building in such manner that pedestrians using walkways will be required to traverse the vehicular parking aisle to the minimum extent possible. Such walkways shall be located so that no customer entrance is farther than 100 feet from the nearest walkway. Walkways shall be readily distinguishable from driving surfaces where they traverse such surfaces through the use of durable, low -maintenance surface materials such as pavers, bricks, scored concrete or similar architectural treatments. TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road and Sandbridge Road are currently two-lane minor suburban arterial roadways. The intersection of Princess Anne Road/Sandbridge Road/Upton Drive is part of the Princess Anne Road Phase VII (CIP 2-195) roadway improvements project and is planned to be widened to provide additional capacity through the intersection. This project has been delayed due to funding issues and is now scheduled for construction in the 2013 -2015 time period. PUBLIC WORKS/TRAFFIC ENGINEERING COMMENTS: • The estimated Trip Generation has been based on the ITE Trip Generation for "Specialty Retail" use of the proposed building. While the resulting number of projected PM Peak Hour trips has the potential to trigger the need for turn lane(s) to be required, the trip generation is likely conservative based on the proposed use, and the capacity of Fisher Arch should be such that the actual generated vehicular trips can be easily accommodated without a significant impact to public travel or safety. • The proposed entrance along Fisher Arch will be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These requirements include a thirty-foot width at the property line, and fifteen -foot radii at the entrance. • The "Preliminary Landscape Plan" submitted with this package depicts several proposed trees and shrubs along Fisher Arch. Adequate sight distance must be provided at the Fisher Arch entrance in accordance with Public Works Standards, Section 3.13 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 11,300 ADT 1 13,600 ADT 1 Existing Land Use —1,514 Road (2007) ADT (180 peak hour) Proposed Land Use 3— 846 Sandbridge Road 10,100 ADT 1 13,600 ADT 1 ADT (52 peak hour) 2007 Average Daily Trips 2 as defined by 2.752 acres of B-2 zoned property 3 as defined by a 19,097 SF of specialty retail use WATER: This site must connect to City water. There is an existing 10" city water line in Princess Anne Road. SEWER: This site must connect to City sanitary sewer. There is an existing 12" city sanitary sewer force main in Princess Anne Road. The site is proposing to construct a pump station that will service the site and expanded service area. Construction plans for the pump station and sanitary sewer system have been approved. TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 3 EVALUATION AND RECOMMENDATION The proposed retail establishment with bulk storage yard areas is consistent with the land use policies of the Comprehensive Plan's Transition Area in that this type of retail use is neighborhood serving and is important for the agricultural community nearby and in the Rural Area. The applicant's proposed plan has several deficiencies that will have to be addressed prior to approval of the site plan and issuance of a building permit: 1. The applicant is requesting drive aisle width to be 28 feet instead of the maximum of 24 feet allowed in the City Zoning Ordinance. The applicant states they need the larger aisle width to accommodate customers with large vehicles. 2. The applicant is also requesting a reduction in the required parking from 92 parking spaces to 66 parking spaces. The applicant states 66 spaces are sufficient for their customer base. 3. The applicant is only providing 21 % open space on the site, as compared to 50% to be strived for in the Transition area. Staff notes the site is directly adjacent to a suburban style strip shopping center, and that the applicant is providing more than the minimum landscape requirements. Items 1 and 2 must be heard by the Board of Zoning Appeals for relief from the ordinance requirements. The 50% open space recommendation for sites in the Transition Area is a recommendation and not a requirement. As noted the applicant has exceeded landscaping requirements with the proposed berming and additional landscaping along east and west sides of the building and storage area. Additionally the applicant upgraded the typical building type to better reflect the flavor of the surrounding communities and retail operations. Therefore staff finds the request acceptable subject to the conditions listed below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Preliminary Site Plan's of Tractor Supply Company at Princessboro Development, Sheet C-1 Layout and Sheet L-1 Landscape Plans", prepared by Parrish Layne Design Group, and dated 12-19-11. Said plans have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. • Should the applicant be unsuccessful in obtaining variances for the drive aisle width and the parking requirements, the site and landscape plans shall be modified to reflect the new site layout and landscaping. 2. The building shall be constructed substantially in accordance with the submitted building elevation prepared by Oxford Architecture. Building materials and architectural elements shall be adhered to as depicted on the elevation. Said elevation plan has been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 3. The display areas located at the front of the store and at the front of the site shall be striped to designate the location of the merchandise. All merchandised shall be stored within the designated areas. 4. No merchandise stored in the "fenced outdoor sales" area, adjacent to the building, shall exceed the height of the fencing except the gates, which will be stored against the side of the building. 5. The applicant shall obtain the necessary ingress / egress easements with the adjacent shopping center to access the site through the shopping center property. TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 5 AERIAL OF SITE LOCATION TFCC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 6 R r': / I , A r---------- t it 11' +cacao r..tt� • � a i is :_ 1 1 1 w"i ws..>,.1•r� 4 �5 I nuaeo.�a� 1 II 1 11 w1.,aY 1 ice/! c w..s., n— - Qui 1Ii Qy m � fjjj =2 � 11101®l�Wl•y ®� w+•. I ` - �"1" � I ��i I O g � I �I 1eor..asls�an: a. 1.wc r. i1 cj �. A '.11) PROPOSED SITE PLAN TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 a{ Page 7 4• JUR 1:" lAl- tw" Mir if JuTr- PROPOSED LANDSCAPE PLAN TKC LAND DEVELOPMENT 11, L.L.C. Agenda Item 2 Page 8 . I �sopnses� ^ BUILDING ELEVATIONS TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 9 ZONING HISTORY # DATE REQUEST ACTION 1 2/24/09 Conditional Rezoning (AG1 & AG2 Agricultural to Conditional B-2 Business and 0-2 Office Approved 2 3/28/06 Conditional Rezoning (AG -1 & AG -2 Agricultural to R- 10 Residential & P-1 Preservation) Approved 3 6/13/06 Conditional Rezoning (AG -1 & AG -2 Agricultural to R- 20 Residential and P-1 Preservation w/ PDH2 Overlay) Approved 4 6/14/05 Conditional Use Permit (Child care education center) Approved 5 5/25/99 Conditional Rezoning (AG -2 Agricultural to B-2 Business Approved 6 7/1/08 Conditional Rezoning (AG -2 Agricultural to O-2 Office) Approved TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) TKC Land Development II, LLC Kenneth R. Beuley, Greg Keith 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None F]Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, / trustees, partners, etc. below: (Attach list if necessary) PRINCESSBORO DEVELOPMENT COMPANY, INC. C.Michael Fisher, President / David E. Kellam, Secretary -Treasurer 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See nem page for footnotes Does an official or employee of�City of Virginia Beach have an interest in the subject land? Yes " No ✓ If yes, what is the name of the official or employee and the nature of their interest? N/A Conditional Use Permit Application Page 9 0110 ReviSed 7WO07 DISCLOSURE STATEMENT TKC LAND DEVELOPMENT II, L.L.C. Agenda Item 2 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services! (Attach list if necessary) P rrish-Layne Design Group, Chesapeake, Virginia (civil engineer) Oxford Architecture, Nashville, Tennessee (architect) Moore and Van Allen, Charlotte, North Carolina (law firm) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: i certify that the Information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions In this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. i3oRd , Tivc.. CA►J "NA►E T14 it, Print Name M+ryee..t"o MANk6Ep ".e— Conditional Use Pe"i(ApplioMon Page 10 of 10 Revised 7132007 DISCLOSURE STATEMENT TKC LAND DEVELOPMENT II, L.I.C. Agenda Item 2 Page 12 Item #2 TKC Land Development II Conditional Use Permit Behind 2005 Sandbridge Road District 7 Princess Anne January 11, 2012 CONSENT An application of TKC Land Development for a Conditional Use Permit for bulk storage on property located behind 2005 Sandbridge Road, District 7, Princess Anne. GPIN: 2414-21- 3872-0000. CONDITIONS I . The site shall be developed substantially in accordance with the submitted "Preliminary Site Plan's of Tractor Supply Company at Princessboro Development, Sheet C-1 Layout and Sheet L- 1 Landscape Plans", prepared by Parrish Layne Design Group, and dated 12-19-11. Said plans have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. • Should the applicant be unsuccessful in obtaining variances for the drive aisle width and the parking requirements, the site and landscape plans shall be modified to reflect the new site layout and landscaping. 2. The building shall be constructed substantially in accordance with the submitted building elevation prepared by Oxford Architecture. Building materials and architectural elements shall be adhered to as depicted on the elevation. Said elevation plan has been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 3. The display areas located at the front of the store and at the front of the site shall be striped to designate the location of the merchandise. All merchandised shall be stored within the designated areas. 4. No merchandise stored in the "fenced outdoor sales" area, adjacent to the building, shall exceed the height of the fencing except the gates, which will be stored against the side of the building. 5. The applicant shall obtain the necessary ingress / egress easements with the adjacent shopping center to access the site through the shopping center property. Item #2 TKC Land Development II Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 By a vote of 9-0, the Commission approved item 2 by consent. ABSENT Beth Livingston appeared before the Commission on behalf of the applicant. w N �yl os y'P� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C., Conditional Use Permit, outdoor recreation, Princess Anne Road (GPINs 1485908202, 1485918303, 1485918632). PRINCESS ANNE DISTRICT. MEETING DATE: February 28, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow the use of a portion of the shopping center for outdoor events, such as weekly music series, car cruises, fall festival, holiday lighting ceremony, spring festival, health fair, community safety day, and art fairs. ■ Considerations: Events have not been finalized, but will occur throughout the calendar year. The location of events will be primarily around the pedestrian plaza of the center, encouraging pedestrian activity in the designated areas. The hours of the events will vary with the activity planned. Events will not continue after store hours have ended. The applicant will resolve their schedule prior to any activities. 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: 1. The activities shall occur in the designated areas of the Landstown Commons - Store Listing Plan undated by the applicant. 2. Hours of activities shall end at the time of regularly scheduled store closings. 3. No permanent structures shall be added to the site. 4. The site shall be cleared of trash at the conclusion of each event. Any additional trash or recycling receptacles shall be removed and contents properly disposed of at the end of each activity day. 5. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impacted the compatibility of the use with the surrounding area Inland Diversified Real Estate Services, LLC Page 2 of 2 to the extent that a re-evaluation of the Use Permit is necessary. If, so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: � REQUEST: Conditional Use Permit (outdoor recreation) 3 January 11, 2012 Public Hearing APPLICANT: INLAND DIVERSIFIED REAL ESTATE SERVICES, L.L.C. PROPERTY OWNER: INLAND DIVERSIFIED VIRGINIA BEACH STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION: 3300-3388 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: 14859082020000 PRINCESS ANNE Total 51.26 acres 14859183030000 14859186320000 AICUZ: 70 dB -75 dBDNL Portion of property in APZ-2 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow the use of a portion of the shopping center for outdoor events. Examples of the events would be weekly music series, car cruises, fall festival, holiday lighting ceremony, spring festival, health fair, community safety day and possible art fairs. These events have not been finalized but will be throughout the calendar year. The location of events will be primarily around the pedestrian plaza of the center. The hours of the events will vary with the activity planned. Events will not continue after store hours have ended. INLAND DIVERSIFIED REAL ESTATE SERVICES LLC Agenda Item 3 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Retail center with associated parking SURROUNDING LAND North: . Dam Neck Road USE AND ZONING: . City -owned Farmers Market, single-family dwellings and City — owned facility / B-2 Community Business District, R -5D Residential District and 1-2 Industrial district South: . Princess Anne Road • Cemetery / AG -2 Agricultural District East: . Single-family homes / R -5D Residential District West: . Intersection of Dam Neck Road and Princess Anne Road • City -owned park / P-1 Preservation District NATURAL RESOURCE AND The site is mostly impervious with pavement and a retail center. There CULTURAL FEATURES: are no known significant natural resources or cultural features located on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the North Princess Anne Commons section of Princess Anne Commons. The general planning principles for the North Princess Anne Commons Area focus on high quality development and encourage all projects to be environmentally responsible by employing energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDTM) 'Certified' rating. Energy efficient systems can be applied to existing buildings through operation and maintenance and may include the use of renewable and clean sources of energy, monitoring use of energy and water, recycling, improving indoor environmental quality, and improving a building's performance. (p. 4-4) CITY SERVICES This use will not have any significant impact on City services. PERMITS and INSPECTIONS: If tents are to be used they must meet the requirements as defined by the Virginia USBC and 2006 International Building Code. Restroom requirements may be needed upon review of activities. HEALTH DEPARTMENT: Coordinate activities with Virginia Department of Agriculture and Consumer Services prior to start of schedule. EVALUATION AND RECOMMENDATION INLAND DIVERSIFIED REAL ESTATE SERVICESUC Agenda Item 3 Page 2 The applicant is proposing to manage outdoor activities in the existing parking lot and commons space of a large commercial center. The activities shall encourage pedestrian activity in the designated areas. The applicant will resolve their schedule prior to any activities. No permanent structures are proposed on the site Staff recommends approval of this request with the conditions below. CONDITIONS 1. The activities shall occur in the designated areas of the Landstown Commons - Store Listing Plan undated by the applicant. 2. Hours of activities shall end at the time of regularly scheduled store closings. 3. No permanent structures shall be added to the site. 4. The site shall be cleared of trash at the conclusion of each event. Any additional trash or recycling receptacles shall be removed and contents properly disposed of at the end of each activity day. 5. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impacted the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If, so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. INLAND DIVERSIFIED REAL ESTATE SERVICES LLC Agenda Item 3 Page 3 V v E PROPOSED SITE LAYOUT C INLAND DIVERSIFIED REAL ESTATE SERVICES LLC z Agenda Item 3 Page 5 — . 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) I&I-Aw 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) E]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or eJoyee of ity of Virginia Beach have an interest in the subject land? Yes � No VI If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Appheation Page 0 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT INLAND DIVERSIFIED REAL ESTATE SERVICES LLC Agenda Item 3 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) `7� . �1 Z • l�a7i ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act, Va, Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Larry R. Sajdak vice President r _ App' nY Sig Lure Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Penni! Appliestmn Pape 10 of 10 Revised 7!3!2007 DISCLOSURE STATEMENT INLAND DIVERSIFIED REAL ESTATE SERVICES LLC Agenda Item 3 Page 8 Inland Diversified Real Estate Services, L.L.C. JoAnn Armenta President of Property Management, Leasing Marketing Elizabeth McNeeley Senior Vice President/Treasurer/Secretary Larry Sajdak Vice President Maureen Denard Vice President Tyler Wesley Assistant Vice President Sonja Hene Assistant Vice President Rares Serban Assistant Vice President DISCLOSURE STATEMENT INLAND DIVERSIFIED REAL ESTATE SERVICES LLC Agenda Item 3 Page 9 Item #3 Inland Diversified Real Estate Services, L.L.C. Conditional Use Permit 3300-3388 Princess Anne Road District 7 Princess Anne January 11, 2012 CONSENT An application of Inland Diversified Real Estate Services, L.L.C. for a Conditional Use Permit for outdoor recreation on property located at 3300-3388 Princess Anne Road, District 7, Princess Anne. GPIN: 1485-90-8202-0000; 1485-91-8303-0000; 1485-91-8632-0000. CONDITIONS 1. The activities shall occur in the designated areas of the Landstown Commons - Store Listing Plan undated by the applicant 2. Hours of activities shall end at the time of regularly scheduled store closings. 3. No permanent structures shall be added to the site. 4. The site shall be cleared of trash at the conclusion of each event. Any additional trash or recycling receptacles shall be removed and contents properly disposed of at the end of each activity day. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impacted the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If, so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENTI BERNAS AYE Item #3 Inland Diversified Real Estate Services, L.L.C. Page 2 FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 3 for consent. ABSENT Michele Carrizales appeared before the Commission on behalf of the applicant. n J S � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Change of Zoning District Classification, R-10 Residential (HK) to P-1 Preservation (HK), 524 Kempsville Road. Comprehensive Plan — Historic Kempsville Suburban Focus Area (SFA), Use: Public park (GPIN 1466786341) KEMPSVILLE DISTRICT. MEETING DATE: February 28, 2012 ■ Background: The purpose of this request is to change the zoning category for this parcel to P- 1 Preservation District with Historic Kempsville Overlay (HK). The parcel was acquired by the City of Virginia Beach from the School Board as part of the Kempsville Road/Witchduck Road/Princess Anne Road intersection improvements. The subject parcel is located at the southeastern corner of the future intersection. The site is being developed as park and open space consistent with the recommendations of the Historic Kempsville Area Master Plan, adopted by reference as part of the Comprehensive Plan. ■ Considerations: The use of the property as a public park is compatible with the current and planned future uses of the surrounding properties. The Change of Zoning to P-1 Preservation, due to the very limited number and type of uses allowed by the P-1 District, will help to ensure continued use of the property for a public park, consisting of open space and passive recreation. If, at some point in the future, there is a proposal by the City to introduce an active recreational component to the park, the P-1 District requires a Conditional Use Permit for almost all active recreational uses. Similarly, any future desire or need on the part of the City to redevelop the site with a residential or non-residential use, other than a park, will require a Change of Zoning to a category appropriate for the proposed use. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map City of Virginia Beach / P-1(HK) Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: jL 7�� .EMPSVILLE ��-b, Cite of Virginia Beach fH 2 �': F?,3'� Btg.� �tSD 8" 82' ;R D U` RIO R7-5' _ - , Rh5 6- r -RIO Zoning Change from P-10 (HK) to P-1 (HK) # 6 January 11, 2012 Public Hearing APPLICANT & PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen White REQUEST: Change of Zoning District Classification, R-10 Residential (HK) to P-1 Preservation (HK) ADDRESS / DESCRIPTION: 524 Kempsville Road GPIN: 14667863410000 ELECTION DISTRICT: SITE SIZE: AICUZ: KEMPSVILLE 325,614.70 SF Less than 65 dB DNL (7.48 acres) SUMMARY OF REQUEST The purpose of this request is to change the zoning category to P-1 Preservation District with Historic Kempsville Overlay (HK) for this parcel acquired by the City of Virginia Beach from the School Board as part of the Kempsville Road/Witchduck Road/Princess Anne Road intersection improvements. The subject parcel is located at the southeastern corner of the future intersection. The site is being developed as park and open space consistent with the recommendations of the Historic Kempsville Area Master Plan, adopted by reference as part of the Comprehensive Plan. The Change of Zoning from R-10 Residential to P-1 Preservation will secure the use of the property for a public park, consisting of open space and passive recreation. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Site is being developed for public park uses. SURROUNDING LAND North: . Right-of-way for relocation of Princess Anne Road USE AND ZONING: . North of the right-of-way is currently undeveloped property / B-2 CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 1 Community Business District South: . Tributary of Eastern Branch of Elizabeth River • South of tributary, Kempsville Elementary School / R-10 Residential District East: • Vacant parcels and single-family homes / R-10 Residential District West: . Kempsville Road West of Kempsville Road, former Kemps Landing School (currently unoccupied) / R-7.5 Residential District NATURAL RESOURCE AND There is land disturbance on the site due to the development activity CULTURAL FEATURES: related to the public park. A tributary of the Eastern Branch of the Elizabeth River serves as the southern edge of the site. The tributary is being protected during development by its natural vegetated edge and the erosion and sediment control measures required for the construction activity. The extensive construction activity occurring throughout the Historic Kempsville Area occasionally results in various artifacts being unearthed that are vital to providing a greater understanding of the historical use and cultural framework of Kempsville during the 18th and 1 gth Centuries. The subject parcel may have previously unearthed or may yet unearth such artifacts; however, to protect the artifacts, an effort is being made to limit knowledge of the specific locations. If artifacts are found, they are studied at the location and then removed as quickly as possible for additional evaluation. COMPREHENSIVE PLAN: The Comprehensive Plan designates the Historic Kempsville Area as Suburban Focus Area (SFA) 3. Suburban Focus Areas are designated places within the Suburban Area where there are "opportunities to reinforce or revitalize certain areas by providing compatible land use guidance or recommendations to improve the quality of the land use existing on certain suburban tracts. The purpose of Suburban Focus Areas is to offer guidance to advance these objectives," (p. 3-4 and 3-5, Policy Document). The guidance for the Historic Kempsville Area is provided in the Historic Kempsville Area Master Plan, adopted by City Council in January 2006, and further adopted by reference as a component of the Comprehensive Plan. The Historic Kempsville Plan outlines the methods needed to implement land use, environmental, transportation, and design improvements to accomplish the desired revitalization of this area. I also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality `village' center. The Plan recommends that the corner that is the subject of this rezoning be developed for a `village green' park at the intersection with residential uses with residential and secondary nonresidential uses west of the park. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The Master Transportation Plan designates Princess Anne Road as a Minor Arterial (up to four lanes) and both Kempsville Road as a Mid Arterial (up to six lanes). CIP Roadway Project 2.048 is underway in this area. The project will reconstruct the Princess Anne Road/Kempsville Road/Witchduck Road intersection for the purpose of raising the capacity of the intersection to meet future demands as well as eliminating current congestion problems. The currently programmed date of completion for the project is March 2014. CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 2 WATER / SEWER: City water and sewer service is available and will be available in the future after relocation of utilities associated with CIP project 2.048 (described above). EVALUATION AND RECOMMENDATION Staff recommends approval of the requested Change of Zoning from R-10 with Historic Kempsville Overlay (HK) Residential to P-1 Preservation (HK). The subject parcel, located at the southeastern corner of the future intersection of Princess Anne Road/Witchduck Road/Kempsville Road, is being developed as park and open space, as recommended by the Historic Kempsville Area Master Plan. The use of the property as a public park and the current and planned future uses of the surrounding properties are highly compatible. The Change of Zoning to P-1 Preservation, due to the very limited number and type of uses allowed by the P-1 District, will help to ensure continued use of the property for a public park, consisting of open space and passive recreation. If, at some point in the future, there is a proposal by the City to introduce an active recreational component to the park, the P-1 District requires a Conditional Use Permit for almost all active recreational uses. Similarly, any future desire or need on the part of the City to redevelop the site with a residential or non-residential use, other than a park, will require a Change of Zoning to a category appropriate for the proposed use. CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 3 x - ,w 4F U Road (ExiStin g)� dad (Future m 0 �w ZONING HISTORY # DATE REQUEST ACTION 1 12/07/1999 05/27/2003 Rezoning (B-2 and R -5D to Conditional B-2) Modification of Conditional Rezoning Proffers Approved Approved 2 10/15/1999 Use Permit (Addition to Religious Facility) Approved 3 11/14/2006 Use Permit (Religious Facility) Approved 4 10/27/2009 10/27/2009 Rezoning (B-2 and 1-1 to Conditional B-2) Use Permit (Religious Facility) Approved Approved Parcel located in right-of-way of relocated Princess Anne Road. Parcel was acquired and building demolished. Church relocated to property subject to zoning action above listed as #4. CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 5 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 0 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Virginia Beach City Council (see attached list) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No _X If yes, what is the name of the official or employee and the nature of their interest? Rezoning Application Page 9 of 10 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 6 0 U a DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N/A ' 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 `Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of p-ocessing and evaluating this application. Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Rezoning Application Page 10 of 10 Revised 11/11/06 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 7 G 1100Y 44 Jt► CALo- Mayor William D. Sessoms, Jr. January 1, 2009 to December 31, 2012 Municipal Center City Hall, Building #1 2401 Courthouse Drive Virginia Beach, VA 23456 Office: (757) 385-4581 wsessoms(-'VB ov.-- C. Vice Mayor Louis R. Jones - Bayside January 1, 2011 to December 31, 2014 1401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Work: (757) 583-0177 Home: (757) 464-2151 Irionesa.VBgov.com 4 January 1, 2009 to December 31, 2012 1. 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Office: (757) 353-4914 gdavisQvbgov.com Bill R. DeSteph - At Lar; January 1, 2011 to December 31, 2014 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Home: (757) 496-4648 Cell: (757) 339-6105 P.1 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 8 Clam( eotlW-4-- Harry E. Diezel - K.empsville January 1, 2009 to December 31, 2012 2401 Courthouse Drive City Hall, Building #I Municipal Center Virginia Beach, VA 23456 Home: (757) 420-5724 Fax: (757) 385-5669 hedicze1QVB ov.com January 1, 2009 to December 31, 2012 2401 Courthouse Drive City Hall, Building #1 Municipal Centers Virginia Beach, VA 23456 Home: (757) 467-3130 bdyer@VB og v.com January 1, 2011 to December 31, 2014 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Home: (757) 426-7501 John D. Moss - At Large November 10, 2011 to December 31, 2014 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 2 34 56 niciss cox.net p.2. DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 9 G 140*4( P•'5 - At January 1, 2009 to December 31, 2012 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Home: (757) 422-0733 rcwi l son(7a, V B aov. corn January 1, 2011 to December 31, 2014 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Work: (757) 340-8411 Fax: (757) 498-6324 ilwood@VBgov.com DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 10 January 1, 2011 to December 31, 2014 *` 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Work: (757) 200-7005 - At January 1, 2009 to December 31, 2012 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Home: (757) 422-0733 rcwi l son(7a, V B aov. corn January 1, 2011 to December 31, 2014 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Work: (757) 340-8411 Fax: (757) 498-6324 ilwood@VBgov.com DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH / P-1 (HK) Agenda Item 6 Page 10 Item #6 City of Virginia Beach Change of Zoning District Classification 524 Kempsville Road District 2 Kempsville January 11, 2012 REGULAR An application of the City of Virginia Beach for a Change of Zoning District Classification from R-10 Residential (HK) to P-1 Preservation (HK) on property located at 524 Kempsville Road, District 2, Kempsville. GPIN: 1466-78-6341-0000. By a vote of 9-0, the Commission approved item 6. AYE 9 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 6. 9 7 M �Yv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCQ BUILDERS, LLC -1, Change of Zoning District Classification, PDH -2 Planned Unit Development Overlay to P-1 Preservation, 467 & 473 N Witchduck Road (GPIN 1467888153; 1467886085). BAYSIDE DISTRICT. MEETING DATE: February 28, 2012 ■ Background: This site was rezoned from R-7.5 Residential to PD -H2 Planned Unit Development with an underlying A-12 Apartment District on May 24, 2011. The applicant proposed to develop the site with 23 single-family dwellings and open space. The City Zoning Ordinance requires that open space within a PD -H2 Planned Unit Development District that is owned by a private entity, in this case the Condominium Unit Owners' Association, be zoned P-1 Preservation District. Thus, the applicant is requesting a rezoning of the open space in the development to P-1 Preservation District. ■ Considerations: With the 2011 rezoning, the applicant proffered the following: "When the Property is developed; the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory." This request to rezone the open space areas depicted on the proffered plan to P-1 Preservation insures that the 2001 rezoning is consistent with the City Zoning Ordinance. 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. ■ 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 V , �^ BAVSIDE Nl.p 1) 6 MCQ Builders, LLC -1 A 12* R7.5 a i e ~ ..... L_.R7 C: r •i«r;�9r •an co.an...vwxr,. y+n Zoning Change from PDH2 to P1 SPa.a Frorna�bn or Ppl•1 Or.r4ss 9 January 11, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: MCQ BUILDERS, LLC -1 STAFF PLANNER: Faith Christie REQUEST: Change of Zoning (PD -H2 Planned Unit Development to P-1 Preservation) ADDRESS / DESCRIPTION: 467 and 473 North Witchduck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14678881530000; BAYSIDE .363 ACRE Less than 65 dB DNL 14678860850000 SUMMARY OF REQUEST This site was rezoned from R-7.5 Residential to PD -H2 Planned Unit Development with an underlying A- 12 Apartment District on May 24, 2011. The applicant proposed to develop the site with 23 single-family dwellings and open space. The PD -H2 Planned Unit Development district requires that open space that is to be owned by a private entity, in this case the Condominium Unit Owners' Association, must be zoned P-1 Preservation District. The applicant also proffered that "When the Property is developed; the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory". This Request is to bring the site into conformity with the City Zoning Ordinance and Proffer 6 of the rezoning agreement. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant structures, zoned PD -H2 Planned Unit (Al2 Apartment) MCQ BUILDERS, LLC -1 Agenda Item 9 Page 1 SURROUNDING LAND North: . Commercial uses / B-2 Business USE AND ZONING: South: . Single-family dwellings / R-7.5 Residential East: a Witchduck Road Across Witchduck Road is the Bayside Acres subdivision / R- 7.5 Residential West: . Multi -family uses / A-12 & A-18 Apartment NATURAL RESOURCE AND There are no natural resources associated with the site. CULTURAL FEATURES: Culturally speaking the site was previously occupied by a restaurant / lounge, Whitakers Grill, a small country store, and a barber shop, Matthews, which serviced the surrounding Southgate / Bayside Acres neighborhoods COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires that all development either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and improved mobility. All new uses are to be compatible in type, size, and intensity to the existing area. In addition, the Plan's Housing and Neighborhood policies promote diversity in type, value and design of housing and neighborhoods to help the City meet its goals for a quality physical environment, family and youth opportunities, and economic vitality. CITY SERVICES City services are not affected by the request. EVALUATION AND RECOMMENDATION The request to zone the open space areas depicted on the submitted plan is acceptable. It insures that the approved rezoning is consistent with the City Zoning Ordinance and Proffer 6 of the rezoning agreement. NOTE. Further conditions may be 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 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 change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MCQ BUILDERS, LLC -1 Agenda Item 9 Page 2 .rte _ Witchduck Ct. t` l.. O� r 4' M•10i1,Y�YOw CMAWA '7111 ONIM33NNN13 inckwi dnowo nowmia i7rL1 i MCQ BUILDERS, LLC -1 a z Page 4 �1 ¢ i p y tt jiihIoil ( Mie , IIIIIIitII�iII�ill i • � ,I '+ �. —�«�.�,,,— _ ij ts 1 APPROVED SITE PI _AN MCQ BUILDERS, LLC -1 Agenda Item 9 z Page 4 �1 �. —�«�.�,,,— _ ij ts 1 APPROVED SITE PI _AN MCQ BUILDERS, LLC -1 Agenda Item 9 z Page 4 OPEN SPACE PLAN MCQ BUILDERS, LLC -1 Agenda Item 9 Page 5 ,1 •'� 'ONI 'OIIW>I>MItl10 iflOtlO 31*V Mi �rrw� ..w.urrr� .r 27►1/ p2Y]YIN ONYM27Y 37/1. YlYglll.l Y 9 ti Y� Y 6 j+ a lit i Y+�Y Y Y f+ll i 1 f ! Y9'f s li eY !:Sill. '.,.... - C1 e+'' + + �Y� ;--------------- ! i i i 1I11II p _ - _ - OPEN SPACE PLAN MCQ BUILDERS, LLC -1 Agenda Item 9 Page 5 ,1 BAYSI DE i11.yr 1/-v Map .Not to 3 Zoning witH ConditionsProNers. Open Space Promotion or PDH -2 Overlays 1)UllUCl am) LL\. -1 R7.5; /I4 , ZONING HISTORY a Zoning Change from PDH2 to P1 # DATE REQUEST ACTION 1. 5/24/11 Conditional Change of Zoning (R-7.5 Residential Approved to PD -H2 Planned Unit Development underlying A-12 Apartment)) 2. 12/14/10 Conditional Use Permit (Church) Approved 2/9/10 Conditional Use Permit (Church) Approved 5/26/98 Conditional Use Permit (Automotive Repair) Approved 9/25/97 Conditional Use Permit (Automotive Repair) Approved 3. 3/28/95 Conditional Use Permit (Landfill) Denied r-lYit l A • H 7`'s MCQ BUILDERS, LLC -1 Agenda Item 9 z Page 6 ` a om DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) McQ Builders, LLC -1: W.H. McCutcheon, Jr., Manager/Member 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Rezoning Application page 9 of 10 Revised 911 /2004 c.7 z z 0 N DISCLOSURE STATEMENT MCQ BUILDERS, LLC -1 Agenda Item 9 Page 7 (c ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — ORDINANCE TO AMEND SECTIONS 111 & 1001 pertaining to the definition, storage, distribution and manufacture of High and Low Explosives. MEETING DATE: February 28, 2012 ■ Background: Currently, the Zoning Ordinance categorizes all types of explosives as one type, and allows the manufacture, storage, and distribution of explosives in only the 1-2 Heavy Industrial District with a Conditional Use Permit. Explosives, however, are divided into two categories by the current editions of the International Fire Code and International Building Code: Low Explosives and High Explosives. ■ Considerations: The proposed amendment defines High and Low Explosives. The amendment will allow High and Low Explosives as follows: The storage of Low Explosives as a permitted by -right use in the 1-1 and 1-2 Industrial Districts with a valid permit from the Bureau of Alcohol, Tobacco, and Firearms (ATF); The manufacture and distribution of Low Explosives in the 1-2 District with a Conditional Use Permit. The storage, manufacture, and distribution of High Explosives with a Conditional Use Permit in the 1-2 Heavy Industrial District. 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. ■ Attachments: Staff Report and Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k ,�a 10 January 11, 2012 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 111 & 1001 CITY ZONING ORDINANCE REQUEST: An Ordinance to amend Sections 111 and 1001 of the City Zoning Ordinance (CZO) pertaining to the definition, storage, distribution and manufacture of High and Low Explosives. SUMMARY OF AMENDMENT With the increasing diversification of the city's economic base as well as businesses under contract to the military facilities in the region, there is a need for the storage of explosives on the site of the business to make them readily available as necessary. The proposed amendment defines High and Low Explosives with reference to the current editions of the International Fire Code and International Building Code. The amendment will allow High and Low Explosives as follows: The storage of Low Explosives as a permitted by -right use in the 1-1 and 1-2 Industrial Districts with a valid permit from the Bureau of Alcohol, Tobacco, and Firearms (ATF); The manufacture and distribution of Low Explosives in the 1-2 District with a Conditional Use Permit. The storage, manufacture, and distribution of High Explosives with a Conditional Use Permit in the 1-2 Heavy Industrial District. RECOMMENDATION Staff recommends approval of the proposed amendments to Sections 111 and 1001. CITY OF VIRGINIA BEACH — Sections 111 & 1001 Agenda Item 10 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AN ORDINANCE TO AMEND SECTION 111 AND 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION, STORAGE, DISTRIBUTION, AND MANUFACTURE OF HIGH AND LOW EXPLOSIVES Section Amended: §§ 111, and 1001 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, and 1001 of the City Zoning Ordinance are hereby amended and reordained to read as follows: ARTICLE 1. —GENERAL PROVISIONS Sec. 111. - Definitions For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. Explosive, high. Explosive material, as defined in the current editions of the International Fire Code and International Building Code, which can be detonated by means of a No. 8 test blasting cap when unconfined. Explosive, low. Explosive material, as defined in the current edition of the International Fire Code and International Building Code, that will burn or deflagrate when ignited and is characterized by a rate of reaction that is less than the speed of sound. COMMENT This amendment defines high and low explosives with reference to the current editions of the International Fire Code and International Building Code. 48 ARTICLE 10. - INDUSTRIAL DISTRICTS 49 50 .... 51 52 Sec. 1001. - Use regulations. 53 54 (a) Principal and conditional uses. The following chart lists those uses permitted 55 within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective 56 industrial districts shall be permitted as either principal uses indicated by a "P" or as 57 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 58 prohibited in the respective districts. No uses or structures other than as specified shall 59 be permitted. 60 61 .... 62 Use I-1 1-2 High explosives Gxplesivmanufacturing, X C storage and distribution, Low explosives manufacturing and distribution X C Low explosives storage with a valid federal P P explosives permit or license from the Bureau of Alcohol, Tobacco, Firearms and Explosives BATF 63 64 .... 65 COMMENT 66 67 This amendment will allow the storage of low explosives in the Industrial Zoning Districts 68 as a permitted use with a valid ATF permit. It will also allow as a conditional use in the I-2 District 69 the manufacturing and distribution of low explosives. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PI nning CA12014/R-6/December 21, 2011 Item #10 City of Virginia Beach Ordinance to amend Sections 111 & 1001 of the City Zoning Ordinance January 11, 2012 CONSENT An Ordinance to amend Sections 111 and 1001 of the City Zoning Ordinance (CZO) pertaining to the definition, storage, distribution and manufacture of High and Low Explosives. SUMMARY OF AMENDMENT This amendment defines High and Low Explosives with reference to the current editions of the International Fire Code and International Building Code. The Zoning Ordinance currently prohibits the storage of explosives in any zoning district; however, with the increasing diversification of the city's economic base as well as businesses under contract to the military facilities in the region, there is a need for the storage of explosives on the site of the business to make them readily available as necessary. The amendment will allow the storage of Low Explosives in the Industrial Districts as permitted use with a valid permit from the Bureau of Alcohol, Tobacco, and Firearms (ATF). It will also allow as a Conditional Use Permit in the 1-2 District the manufacturing and distribution of Low Explosives. By a vote of 9-0, the Commission approved item 10 by consent. AYE 9 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABSENT RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 10 by consent. M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION SOCIAL SERVICES BOARD THE PLANNING COUNCIL 2012 CITY HOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 Christmas Eve (half-day) Tuesday, December 25 Christmas Day N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH BRIEFINGS SUMMARY OF COUNCIL ACTIONS STORM WATER WORK PLAN Dave Hansen, DATE: 2/14/12 Deputy City PAGE: 1 D S Manager; Phil E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M 1 O O S H L R Y S S S N N D I BRIEFINGS STORM WATER WORK PLAN Dave Hansen, Deputy City Manager; Phil Davenport, Operations Support Manager CHESAPEAKE BYA TMDL Dave Hansen, Deputy City Manager; SAND REPLENISHMENT Dave Hansen, Deputy City Manager John Fowler, City Engineer IUIII/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VUE SESSION F MINUTES — 1/24/12 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H MAYOR'S PRESENTATION Floyd E. Waterfield, Jr. Resolution in Recognition 30 years BZA 1/1 EXCESS CITY PROPERTY NO SPEAKERS 231 N. Oceana Boulevard 2 LEASE OF CITY -OWNED PROPERTY NO SPEAKERS — Overflow parking 4°i Street and Atlantic Avenue K/I Ordinance to AMEND §2451 of City ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re Com Medical Adv Commission CONSENT 2 Ordinance to DECLARE 231 N. Oceana ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Blvd as EXCESS/AUTHORIZE I CONSENT conveyance to William R./Jill S. Gurley 3 Ordinance to AUTHORIZE a lease of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City -owned property with Ocean Water, CONSENT LLC at 40' St/Atlantic Avenue 4 Ordinance to AUTHORIZE a Memo of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement with the U.S. Army Corps of CONSENT Engineers re Sandbridge beach replenishment CITY OF VIRGINIA BEACH Ordinance to EXTEND date for satisfying ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y conditions re Breathwaite Place closure of CONSENT DATE: 2/14/12 a portion of Newtown Road at Rock PAGE: 2 D S Creek Lane (DISTRICT 2 — E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N 0 M S H L W Y V E Z Y L N 0 0 R S 0 1 P E E E E S M I 0 0 S H L R Y S S S N N D 5 Ordinance to EXTEND date for satisfying ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y conditions re Breathwaite Place closure of CONSENT a portion of Newtown Road at Rock Creek Lane (DISTRICT 2 — KEMPS V ILLE) 6 Resolution to AUTHORIZE documents ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to petition the Commonwealth CONSENT Transportation Board TRANSFER property remaining from VDOT construction of Northampton Boulevard to the City 7 Resolution to REQUEST the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Development Authority terminate the CONSENT PPEA process for development of a Headquarters Hotel 8 Resolution to give DIRECTION to the LOST TO 5-6 Y Y N Y N N Y N N Y N City Manager re FY2012-2013 Budget NEGATIVE VOTE 9 Ordinance to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE a 2007 Port CONSENT Security Grant of $13,125 to the Police re terrorism deterrents 10 Ordinance to TRANSFER within the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y FY2011-12 School Operating Budget CONSENT a. $2,108,000 from Instruction to Technology b. $275,000 from Administration, Attendance, and Health to Transportation C. $225,000 from Operations and Maintenance to Transportation d. $38,835 from Administration, Attendance, and Health to Transportation L-1 YMCA OF SOUTH HAMPTON MODIFIED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ROADS re indoor/outdoor pool (approved CONDITIONED, May 27, 2008) at Princess Anne BY CONSENT Road/Dam Neck Road: (DISTRICT 7 — PRINCESS ANNE) a. Modification of Proffers b. Modification of CUP CITY OF VIRGINIA BEACH ASHVILLE PARK, LLC/ATC MODIFIED 8-2 Y Y Y Y N Y Y A SUMMARY OF COUNCIL ACTIONS Y Y REALTY SIXTEEN, INC for DATE: 2/14/12 Modification of Proffers Nos. 11/18/19/30 PAGE: 3 D S of a Conditional Rezoning (approved May E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M 1 O O 11-0 S H L R Y S S S N N D 2 ASHVILLE PARK, LLC/ATC MODIFIED 8-2 Y Y Y Y N Y Y A N Y Y REALTY SIXTEEN, INC for Modification of Proffers Nos. 11/18/19/30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road/Village B/Ashville Park (DISTRICT 7 — PRINCESS ANNE) 3 GREYHOUND LINES, INC. CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y passenger transportation terminal at 971 Va Beach Blvd (DISTRICT 6 — CONDITIONED, BY CONSENT BEACH) 4 KEITH P. /CHERI N. CARL for a DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance to §4.4(b) of the Subdivision INDEFINITELY, Ord that all lots meet CZO at 4824 BY CONSENT Bradford Lane (DISTRICT 4 - BAYSIDE) 5 CITY OF VIRGINIA BEACH to ADOPTED, BY 10-0 Y Y Y Y Y Y N Y Y Y Y AMEND the Comprehensive Plan re CONSENT Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area K. BOARD OF BUILDING CODE RESCHEDULED B Y C O N S E N S U S APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION SOCIAL SERVICES BOARD L/M/N ADJOURNMENT 7:34 PM PUBLIC COMMENT 7:38-8:13 PM 12 SPEAKERS (4 did not answer)