HomeMy WebLinkAboutAPRIL 9, 2013 AGENDACITY OF VIRGINIA BEACH
"COMMUNI'I'Y FOR A LIFETIME"
CITY COUNCIL
MAYOR W/LLIAM D. SESSOMS, JR., AaLarge
VICIi MAYOR LOUI ti R. JONES, Bayside - District d
GLLNN R. DAVIS, Rose Hall - Distnct 3
WIl_LIAM R. DeSTEPH, At-Large
XOBH,'RT M. DYER, CenterviDe - Districl 1
AA9E7.lA ROSS-HAA~IMOND, Kemp.rville - Di.rtrict 2
BARBARA M. HENLF.Y, Prrncess Anne - District 7
JOHN D.MOSS, At-Large
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSO,N, At-Large
JAMF.S L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CLTY MANAGER - JAMES K. SPORF,'
CI'I'Y ATTORNH'Y - MARK D. STILES
C!lYASSF_SSOR- JHRALD D. BANAGAN
CITY AUllITOR - /.YNDON S. RF.M/AS
CITY CLF,RK - RU7'H NODGES FRASER, A~iY1C
CITY COUNCTi AGENDA
9 APRIL .. _3
I. CITY COUNCIL BRIEFINGS - Conference Room -
A. HISTORIC PRESERVATION COMMITTEE
CAVALIER SUB-COMMITTEE REPORT
C. Mac Rawls, Chairman
B. DEPARTMENT OF DEFENSE and SEQUESTRATION IMPACTS
Dr. James Koch, Professor of Economics, Old Dominion University
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
2:00 PM
V. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM
A. FY 2013-14 RESOURCE MANAGEMENT PLAN (Budget)
SAFE COMMUNITY
a. Clerk of Circuit Court
b. Commonwealth's Attorney ,
c. Emergency Communications, Citizen Services and Capital Improvement Program
d. Emergency Medical Services (EMS)
e. Fire and Capital Improvement Program
£ Sheriff and Corrections
g. Police and Capital Improvement Program
2. QUALITY PHYSICAL ENVIRONMENT
a. Planning
b. Public Works and Capital Improvement Program -
Roadways, Buildings, Storm Water, Utility and Coastal
CITYHALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, V/RGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
VI. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
I VII. FORMAL SESSION
- City Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Michael G. Daniels
Senior Pastor, Enoch Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
1. STARBUCKS CORPORATION at 31 OCEAN
241 Laskin Road (DISTRICT 6- BEACH)
March 26, 2013
I. ORDINANCE S/RESOLUTIONS
1. Ordinance to ACCEPT and AUTHORIZE the transfer of property to the D~velopment
Authority re parking and mixed-use development at 19`n, 20tn Streets and Artic and Baltic
Avenues
2. Resolution to SUPPORT the Southeastern Public Service Authority (SPSA) after January 24,
2018, and PURSUE the development of a Regional Solid Waste Management System
3. Resolution to SUPPORT preservation of the Historic Cavalier on the Hill 'Hotel with
incentives to Purchasers
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement with
STARBUCKS CORPORATION re outdoor seating at 31 Ocean, 241 Laskin Road
(DISTRICT 6 - BEACH)
5. Ordinance to AMEND Section 2-108 of the City Code re the City's employment probation
period
6. Ordinance to AUTHORIZE the 2013 Housing Choice Voucher Annual Plan, including the
Revised Administrative Plan, and the City Manager to submit same to the U.S. Department of
Housing and Urban Development (HUD)
7. Resolution to APPOINT Dannielle C. Hall-McIvor as Assistant City Attorney effective
April 16, 2013
8. Ordinance to ACCEPT and APPROPRIATE a$109,175 Grant from Virginia Department of
Health Emergency Medical Services "Four-for-Life" program to EMS re rescue. equipment
and medical supplies
9. Ordinance to APPROPRIATE $25,868 from EMS salvaged material sales re defibrillators for
the Police
10. Ordinance to TRANSFER within the FY 2012-13 School Operating Budget to the School
Technology Fund:
a. $125,565 from the Instruction Classification
b. $111,218 from the Administration Classification
J. PLANNING
Application of ROVING AUTO, INC. and KRIST ENTERPRISES for a Modification of Conditions
Nos. 2 and 5(approved January 13, 2009) re motor vehicle sales and service to delete restrictions at 300
South Rosemont Road (Deferred: March 12, 2013) (DISTRICT 6- BEACH)
RECOMMENDATION:
APPROVAL
2. Application of C. CHRIS MITCHUM and WILLIAM HOLDA/HOLDA ENTERPRISES,
LP for a Conditional Use Permit re auto repair garage at 5898 Thurston Avenue (I7ISTRICT 4
- BAYSIDE)
RECOMMENDATION:
APPROVAL
Application of NICHOLSON PROPERITIES, LLC for a Chan~e of Zonin~ from A-12
Apartment to Conditional I-1 Light Industrial re office-warehouse units at 405 Fountain Drive
(DISTRICT 6 - BEACH)
RECOMMENDATION:
K. APPOINTMENTS
AUDIT COMMITTEE
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA)
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
OLD BEACH DESIGN REVIEW COMMITTEE
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PUBLIC COMMENT
Non-Agenda Items
APPROVAL
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
lf you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-0303
FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE
Presented by the City Manager
April 16`h Budget WorkshopBriefings Conference Room
April 18th Public Hearing VB Middle School
April 23~d Budget WorkshopBriefings Conference Room
April 23'd InformaUFormal Session/Public Hearing Council Chamber
May 7~h Budget Workshop Reconciliation Conference Room
May 14`h Vote on the Budget Council Chamber
2013 CITYHOLIDAYS
1'VlemorinJ Urrt' - M~~ndrrt', r`'l~ln1' 27
Inrli~perldence I~crv - Tharrsdrry, Jrstl~ 4
Lcrbor Day - Monftc{y, Septeml~er Z
Vetera~zs D~c}~ - Morxrlcry, Novemlier 11
Tlranksgivirtg Day & Duy crfter TharrksgCV111~° - T~iU/'SIIQy~,
~`oi=e~nl~er 28 & Friday, Nove~r~ber 2~
~'/trist»irrs F.ve (half-~lcr~~) - TuestC~c}r, llecefnl~er Z4
Chf~istr~ic~s Uczy - GVednesdcry, 13ecc~»~iher 25
I. CITY COUNCIL BRIEFINGS - Conference Room - 2:00 PM
A. HISTORIC PRESERVATION COMMITTEE
CAVALIER SUB-COMMITTEE REPORT
C. Mac Rawls, Chairman
B. DEPARTMENT OF DEFENSE and SEQUESTRATION IMPACTS
Dr. James Koch, Professor of Economics, Old Dominion University
II. CITY MANAGER'S BRIEFING 3:30 PM
A. FY 2013-14 RESOURCE MANAGEMENT PLAN (Budget)
1. SAFE COMMUNITY
a. Clerk of Circuit Court
b. Commonwealth's Attorney
c. Emergency Communications, Citizen Services and Capital Improvement Program
d. Emergency Medical Services (EMS)
e. Fire and Capital Improvement Program
£ Sheriff and Corrections
g. Police and Capital Improvement Program
2. QUALITY PHYSICAL ENVIRONMENT
a. Planning
b. Public Works and Capital Improvement Program -
Roadways, Buildings, Storm Water, Utility and Coastal
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Michael G. Daniels
Senior Pastor, Enoch Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS March 26, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
STARBUCKS CORPORATION at 31 OCEAN
241 Laskin Road (DISTRICT 6- BEACH)
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I. ORDINANCES/RE SOLUTIONS
1. Ordinance to ACCEPT and AUTHORIZE the transfer of property to the D~velopment
Authority re parking and mixed-use development at 19th, 2p`n Streets and Artic and Baltic
Avenues .
2. Resolution to SUPPORT the Southeastern Public Service Authority (SPSA) after January 24,
2018, and PURSUE the development of a Regional Solid Waste Management System
3. Resolution to SUPPORT preservation of the Historic Cavalier on the Hill Hotel with
incentives to Purchasers .
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease Agreement with
STARBUCKS CORPORATION re outdoor seating at 31 Ocean, 241 Laskin Road
(DISTRICT 6 - BEACH)
5. Ordinance to AMEND Section 2-108 of the City Code re the City's employment probation
period
6. Ordinance to AUTHORIZE the 2013 Housing Choice Voucher Annual Plan, including the
Revised Administrative Plan, and the City Manager to submit same to the U.S. Department of
Housing and Urban Development (HUD)
7. Resolution to APPOINT Dannielle C. Hall-McIvor as Assistant City Attorney effective
April 16, 2013
8. Ordinance to ACCEPT and APPROPRIATE a$109,175 Grant from Virginia Department of
Health Emergency Medical Services "Four-for-Life" program to EMS re rescue equipment
and medical supplies
9. Ordinance to APPROPRIATE $25,868 from EMS salvaged material sales re de~brillators for
the Police
10. Ordinance to TRANSFER within the FY 2012-13 School Operating Budget to the School
Technology Fund:
a. $125,565 from the Instruction Classification
b. $111,218 from the Administration Classification
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: An Ordinance Approving and Authorizing the Transfer of Property to the City of
Virginia Beach Development Authority for Potential Parking and Mixed-Use
Development (Former Treasurer's Block)
MEETING DATE: April 9, 2013
^ Background: On July 17, 2007 City Council adopted a resolution requesting the
City of Virginia Beach Development Authority (the "Authority") to seek offers for
development of an entertainment venue at the former pome Site (the "Dome
Site").
Since 2007, the Authority has worked with Leisure and Recreation Concepts, Inc.
("LARC") to reach an agreement for the scope of development at the Dome Site.
While no agreement has been reached with LARC, the parties have identified the
City-owned block located between 19t" and 20th Streets and Arctic and Baltic
Avenues (the "Property") as a suitable site for public parking to support a
development at the Dome Site.
There is an identified need for additional public parking (in addition to the parking
needed for the Dome) in that area of the resort. Accordingly, the Property has
also been identified by staff as a potential location for a mixed-use development
with a public parking component.
To locate a developer to construct public parking in conjunction with a larger
mixed-use development on the Property, the Authority has issued a
Requests for Qualifications (the "RFQ"). The goal of the RFQ is to identify
qualified developers who could submit proposals for a mixed-use project on the
Property. City Council would be asked to approve any development on the
Property prior to the Authority entering into a binding arrangement with a
developer.
If a mixed-use development with public parking were to be approved by City
Council, the Authority would be the public entity contracting with a developer. As
such, the Property should first be transferred from the City to the Authority.
^ Considerations: Transferring title of the Property for the potential development
would facilitate the Authority's ability to negotiate potential terms for a mixed-
used development, including public parking, on the Property. Prior to the City
being committed to any development project, the terms and conditions of any
potential project would have to be approved by City Council at a later date.
In addition to transferring the Property to the Authority, City Council would be
asked to close the two alleys within the Property prior to development. This
action would be taken pursuant to the City's normal street closure process.
Approval of this transaction requires an affirmative vote of three-fourths of all
elected members of City Council.
^ Public Information:
After being duly advertised in the The Virginian-Pilot, a public hearing was
conducted on March 26, 2013. This matter will also be advertised in the City
Council Agenda.
^ Alternatives:
Transfer the Property to the Authority or retain title to the subject Property.
^ Recommendations:
Staff recommends approval of the transfer of the Property to the Authority with
the understanding that any commitments for development must first be approved
by City Council.
^ Attachments:
Ordinance
Location Map
Recommended Action: Approval
ittin De artment/A enc : City Manager / Economic Development QS~~
Subm g p 9 Y
City Manager: ~ , ~
1 AN ORDINANCE APPROVING AND
2 AUTHORIZING THE TRANSFER OF
3 PROPERTY TO THE CITY OF VIRGINIA
4 BEACH DEVELOPMENT AUTHORITY FOR
5 POTENTIAL PARKING AND MIXED-USE
6 DEVELOPMENT (FORMER TREASURER'S
~ BLOCK)
8
g WHEREAS, to promote the economic vitality of the City of Virginia Beach (the
l0 "City"), City Council has identified the need for an entertainment venue at the former
11 Dome Site (the "Dome Site") along with the need for additional public parking near the
12 Dome Site for the general benefit of the City's resort area;
13
14 WHEREAS, by Resolution 03260, adopted by City Council on July 17, 2007, City
15 Council requested that the City of Virginia Beach Development Authority (the
16 "Authority") explore potential development of the Dome Site;
17
1 g WHEREAS, the Authority identified a potential developer for the Dome Site and
19 has engaged in negotiations with that developer;
20
21 WHEREAS, in the course of its discussions with the developer for the Dome Site,
22 the Authority has identified the block located between 19th and 20t" Street and Arctic
2 3 and Baltic Avenue, as shown on the Location Map attached hereto as Exhibit A
2 4 (collectively, the "Property"), as a suitable location for public parking to support the
2 5 Dome Site development and the needs of the citizens utilizing that portion of the resort;
26
27 WHEREAS, to maximize the value of the Property and the potential uses thereof,
2 8 the Authority has issued its Request for Qualifications seeking a developer to construct
2 9 a mixed-use project on the Property, including at least 800 public parking spaces;
30
31 WHEREAS, the Authority believes that and a mixed-use project on the Property
32 would create the best opportunity to optimize the value of the Property and achieve the
33 goals of adding needed public parking and increasing the tax base on the Property;
34
35 WHEREAS, the Authority was specifically created for the purpose of fostering
3 6 and stimulating economic development in the City and would be the entity to enter into a
3~ development agreement with a developer;
38
39 WHEREAS, the existing rights-of-way located on the Property would be brought
4 o before Council at a later date for closure, pursuant to the City's normal street closure
41 process; and
42
4 3 WHEREAS, title to the Property must be transferred from the City to the Authority
4 4 before any transaction for the development of the Property could be finalized.
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
47 VIRGINIA BEACH, VIRGINIA,
4 g 1. The City Council, subject to acceptance by the Authority, authorizes the
4 9 transfer of title to the Property shown on the Location Map, attached hereto as Exhibit A
5 0 and made a part hereof, to the Authority.
51
52 2. The City Manager, or his designee, is hereby authorized to execute any
53 and all documents to complete such transfer, so long as the documents contain such
54 terms, conditions and modifications as may be acceptable to the City Manager and in a
55 form deemed satisfactory by the City Attorney.
56
5~ 3. The City Council requests and recommends that the Authority adopt a
5 8 Resolution accepting the transfer of the Property to the Authority.
59
6o Adopted by the Council of the City of Virginia Beach, Virginia, on the
61 day of , 2013.
( THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF
THREE-FOURTHS OF ALL ELECTED MEMBERS OF CITY COUNCIL ]
APPROVED AS TO LEGAL
SUFFICIENCY:
~'~- T~> ` ~~
City Attorney
APPROVED AS TO CONTENT:
~. r~~'~
City Manager
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to State the City of Virginia Beach's Understanding of Regional Efforts
to Manage Solid Waste in Southside Hampton Roads After January 24, 2018, and
the City's Intent to Pursue Cooperative Development of a Regional Solid Waste
Management System
MEETING DATE: April 9, 2013
^ Background: Over the last eighteen months, the staff has been working at the
direction of the Chief Administration Officers of the eight SPSA member localities to develop
a process to assess and create a regional solution for the management of municipal solid
waste in the Post-2018 SPSA era.
There have been several updates to City Council both by City staff and by consultant
engineers on behalf of the Hampton Roads Planning District Commission (HRPDC). On
October 18, 2011, SCS Engineers provided a briefing to City Council on their Solid Waste
Management for Southside Hampton Roads Report. Twelve months later on October 16,
2012, City staff presented a progress briefing to City Council. Following that briefing City
Council authorized pursuing a regional solution and directed the City Manager to
collaborate with his fellow CAO's in developing a resolution of understanding for the City
Council to endorse.
On February 28, 2013, the Technical Committee designated by the Southside Hampton
Roads CAO's completed their work and provided a report-back briefing on their findings.
They presented a representative resolution which was created by the Virginia Beach staff in
support of Virginia Beach requirements. Each municipality will craft their respective
resolutions with considerable standardized language as well as language specific to their
own needs. Prior to City Council's consideration of the resolution, the staff will present the
CAO briefing and discussion from the February 28 CAO meeting.
^ Considerations: The attached resolution is a critical step in establishing the Post-
2018 SPSA membership and the development of a Memorandum of Agreement (MOA). It
is the understood process that it will be required that the MOA be ratified by each member
municipality. This resolution establishes the framework for the MOA.
^ Public Information: Public Information will be provided through the normal Council
agenda process and is an integral part of our annual budget reviews.
^ Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: City Manager's Office
City Manage • ~, ~~
1 A RESOLUTION STATING THE CITY OF VIRGINIA
2 BEACH'S UNDERSTANDING OF REGIONAL EFFORTS
3 TO MANAGE SOLID WASTE IN SOUTHSIDE HAMPTON
4 ROADS AFTER JANUARY 24, 2018 AND THE CITY'S
5 INTENT TO PURSUE COOPERATIVE DEVELOPMENT OF
6 A REGIONAL SOLID WASTE MANAGEMENT SYSTEM
7
8
9 WHEREAS, the Southeastern Public Service Authority ("SPSA") was created by
10 concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and
11 Virginia Beach and the Counties of Isle of Wight and Southampton (the "member localities") in
12 1976, and
13
14 WHEREAS, befinreen 1983 and 1984, Virginia Beach and the other member localities
15 entered into individual Use and Support Agreements providing, among other things, that each
16 member jurisdiction would deliver substantially all of the disposable solid waste generated or
17 collected by or within or under the control of the member locality; and
18
19 WHEREAS, all of the Use and Support Agreements will expire on January 24, 2018;
20 and
21
22 WHEREAS, a series of studies have been performed by SCS Engineers for the region
23 as well as other studies for individual localities in order to assess regional solid waste
24 management issues following the expiration of the Use and Support Agreements; and
25
26 WHEREAS, the City of Virginia Beach has determined that a cooperative approach to
27 the continuation of a regional system of municipal solid waste management would be in the
28 best interests of the City and its citizens and businesses; and
29
30 WHEREAS, SPSA has established a strategy to, and will, eliminate its debts by the date
31 of expiration of the current Use and Support Agreements; and
32
33 WHEREAS, SPSA provides a reliable, effective and environmentally sound operation
34 for the disposal of municipal solid waste; and
35
36 WHEREAS, the City Council believes that a cooperative regional approach to the
37 disposal of municipal solid waste is superior to other alternatives available to the City for the
38 disposal of municipal solid waste; and
39
1
40 WHEREAS, at the direction of the Chief Administrative Officers of the members, a
41 technical committee was established to review and address numerous policy and operational
42 issues; and
43
44 WHEREAS, the Chief Administrative Officers have reached a consensus for the
45 continuation of SPSA as the regional provider of solid waste disposal service after January 24,
46 2018, subject to the approval of the governing bodies of the member localities; and
47
48 WHEREAS, pursuant to legislation enacted in 2009, the process for appointment of
49 SPSA's Board of Directors was changed, and such legislation provides that the process shall
50 remain in effect until SPSA is dissolved pursuant to applicable provisions of the Virginia Water
51 and Waste and Authorities Act (the "Act"); and
52
53 WHEREAS, pursuant to legislation enacted in 2000, SPSA shall "continue and have
54 perpetual existence" until dissolved pursuant to applicable provisions of the Act; and
55
56 WHEREAS, the directors of SPSA have an equal vote in decisions made by the Board,
57 and each member locality shall be represented by two directors; and
58
59 WHEREAS, tipping fees paid by the member localities are not uniform, in that the City
60 of Suffolk, as the host of the Regional Landfill, does not pay tipping fees and the City of
61 Virginia Beach's tipping fees are capped through the year 2015, and tipping fees charged to
62 private entity customers, are also not uniform; and
63
64 WHEREAS, under current statutory provisions, a member locality may withdraw from
65 SPSA, provided that all written obligations to SPSA incurred by such locality while it was a
66 member of SPSA shall remain in full force and effect following the locality's withdrawal; and
67
68 WHEREAS, the SPSA's contract with Wheelabrator Technologies, Inc. for disposal of
69 municipal solid waste ("MSW"), which expires on January 24, 2018, requires that an
70 established minimum annual tonnage be delivered to Wheelabrator's Waste-to Energy Plant in
71 the City of Portsmouth; and
72
73 WHEREAS, the current Conditional Use Permit authorizing the SPSA Landfill in the City
74 of Suffolk does not encompass all potential or likely expansion areas identified in the SPSA's
75 land use plan; and
76 WHEREAS, there is a lack of uniformity among the provisions governing the ownership,
77 leasing, and use of the transfer stations operated by SPSA; and
78
2
79 WHEREAS, in the event of SPSA's dissolution, its assets are to be distributed in
80 accordance with applicable provisions of the Act, but that the current Use and Support
81 Agreement befinreen SPSA and the City of Suffolk provides that the Regional Landfill site shall
82 be conveyed to the City of Suffolk upon permanent completion of the operation of the Landfill
83 by SPSA for the disposal of solid waste; and
84
85 WHEREAS, although SPSA primarily provides municipal solid waste disposal services,
86 it has, on occasion, provided recycling and other disposal services for white goods, yard waste
87 and household hazardous waste; and
88 WHEREAS, the City of Virginia Beach owns and operates a legally permitted municipal
89 landfill with sufficient capacity to operate many decades into the future; and
90
91 WHEREAS, SPSA may, at its option, dispose of ash and residue from the Portsmouth
92 waste-to-energy plant at either the Regional Landfill or the Virginia Beach Landfill;
93
94 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
95 VIRGINIA BEACH:
96
97 That it supports the continued operation of SPSA after January 24, 2018 as the region's
98 solid waste disposal service provider subject to the following principles, which should be set
99 forth in a Memorandum of Understanding among the aforementioned Hampton Roads
100 localities establishing the principles to be embodied in Use and Support Agreements entered
101 into for a term after January 24, 2018 ("Post -2018 SPSA organization"):
102
103 1. The current process for appointing the board of directors membership will be
104 retained; unless or until the state laws governing SPSA are amended to provide
105 for a different manner of appointment;
106
107 2. Membership in the Post-2018 SPSA organization will be open only to those
108 localities that have entered into new Use and Support Agreements or similar
109 instruments with SPSA;
110
111 3. After January 24, 2018, SPSA may be comprised of Divisions, with the
112 divisional membership based upon the method of solid waste disposal employed
113 by the member localities, which impacts the establishment of a fair and
114 reasonable tipping fee that is uniform within each division;
115
116 4. If SPSA is comprised of divisions, when an issue to be decided affects the
117 member localities of only one Division, only the representatives of the member
118 localities of that Division shall be entitled to vote, and for issues affecting one or
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119 more member localities of both Divisions, all SPSA representatives member
120 localities shall be entitled to vote. Each member shall have an equal vote within
121 its division and each member shall have an equal vote when voting on issues
122 affecting the entire Post-2018 SPSA organization;
123
124 5. Members shall pay equal fees for similar services, and fees for non-member
125 customers will be equal to or higher than those of inember localities for such
126 services;
127
128 6. A member locality will have the right to withdraw from the Post-2018 SPSA
129 organization and terminate its Use and Support Agreement or other instrument
130 binding it to SPSA, provided it satisfies its written obligations in accordance with
131 applicable statues;
132
133 7. Based on a thorough review of the alternatives, the SPSA Board of Directors will
134 determine by majority vote the fiscally and environmentally best disposal method
135 for the waste it receives;
136
137 8. In a future Memorandum of Understanding entered into by the member localities
138 prior to the execution of a binding Use and Support Agreement, the member
139 localities will agree on a method of determining the percentage and types of solid
140 waste to be delivered to SPSA;
141
142 9. SPSA will seek a comprehensive conditional use permit allowing the full
143 expansion of the Regional Landfill and determine the financial feasibility of that
144 expansion prior to the execution of new Use and Support Agreements;
145
146 10. Ownership of the all transfer stations will become or remain, as the case may be,
147 that of the locality in which the property is located;
148
149 11. Post-2018 SPSA long term debt will be restricted to capitalization costs
150 associated with the Regional Landfill, and a maximum of Five Million Dollars per
151 member as contributory financing for the construction of new, relocated,
152 revitalized or expanded existing transfer stations within the member localities,
153 and will be in conformity with the provisions of Virginia Code Section 15.2-
154 5102.1(8) provided that such payments to a member shall be approved by the
155 Board of Directors after presentation of information sufficient to support the need
156 for such new, relocated, renovated or expanded transfer station;
157
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158 12. An annual business expense will be created to serve as a host fee for the City of
159 Suffolk, with such expense to be allocated within the tipping fee rates established
160 for all member localities;
161
162 13. SPSA will have the authority to provide, to the residents and businesses located
163 in the City of Suffolk, other solid waste disposal services in addition to municipal
164 solid waste disposal if the provision of such other services is permitted by law,
165 financially feasible and appropriate contracts are entered into for such services
166 and the cost allocated to users of that service; and
167
168 14. The use of the Virginia Beach landfill for municipal solid waste disposal will only
169 occur during emergency conditions such as, but not limited to, natural disasters.
170
171 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
172 BEACH:
173
174 That the City of Virginia Beach will commit to remaining in SPSA upon the expiration of
175 the current Use and Support Agreement, with all assets except the transfer stations remaining
176 the property of SPSA.
177
178 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
179 BEACH:
180
181 That the City Manager is directed to undertake all necessary actions to effectuate the
182 provisions of this Resolution, with a view toward the continued existence of SPSA as the
183 provider of solid waste disposal for the region after the expiration of the current Use and
184 Support Agreements on January 24, 2018. Such actions shall include: (1) participating in
185 negotiations of a Memorandum of Understanding with other SPSA members, and thereafter
186 participating in negotiations of a new Use and Support Agreement with SPSA, with both the
187 said Memorandum of Understanding and Use and Support Agreement containing terms
188 materially in accordance with the foregoing provisions of this Resolution; (2) and such other
189 and further actions as may be necessary or advisable or as are directed by the City Council.
190
191
192 Adopted by the City Council of the City of Virginia Beach, Virginia on the day
193 of , 2013.
194
195
196
197
5
198
199 APPROVED AS TO CONTENT:
200
201 ~
202 ~"\
203 City Manager's Office
204
205 CA-12484
206 March 26, 2013
207 R-3
APPROVED AS TO LEGAL SUFFICIEN Y:
City Attorney's Office
6
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution in support of offering incentives to prospective purchasers to
preserve the historic Cavalier on the Hill Hotel
MEETING DATE: April 9, 2013
^ Background: The Cavalier Hotel is a privately owned hotel on the Virginia
Beach oceanfront that was built in 1927 on a hill on the west side of what is now Atlantic
Avenue. The hotel was expanded in the 1970s to include a hotel and conference center
on the east side of Atlantic Avenue.
In a 2012 court order required the corporate owner of the Cavalier Hotel to be
dissolved, and a receiver was appointed to take control of the hotel and its other assets
and sell them. The Cavalier Hotel is being marketed for sale by the receiver and bids to
purchase the hotel are being received through April 25, 2013.
The Hotel is being marketed for sale in three parcels: (1) the 12.5-acre site on
the west side of Atlantic Avenue, upon which sits the 1927 original hotel (the "Cavalier
on the Hill"), (2) the 6.1-acre oceanfront hotel complex built in 1973 (known as the
"Oceanfront Cavalier"), and (3) a 2.5-acre site immediately south of and adjacent to the
Cavalier on the Hill developed with tennis courts and parking.
^ Considerations: This resolution details the incentives to be considered by the
City of Virginia Beach to encourage the preservation of the 1927 hotel structure and
maintaining the ocean view from the Cavalier on the Hill.
The original Cavalier on the Hill hotel has been a signature landmark in the City
of Virginia Beach, and if the Cavalier on the Hill structure is demolished, the City would
lose an icon that represents the City's historic architecture and culture.
^ Public Information: Advertisement of the Council's agenda.
^ Attachments: Resolution and Sales Brochure
Recommended Action: Approval of the Ordinance
Submitting DepartmentlA ency: City Manager
City Manager ~
~
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A RESOLUTION IN SUPPORT OF OFFERING
INCENTIVES TO PROSPECTIVE PURCHASERS TO
PRESERVE THE HISTORIC CAVALIER ON THE
HILL HOTEL
WHEREAS, the Cavalier Hotel was built in 1927 on a hill overlooking the
beaches of the Town of Virginia Beach, and has been a signature landmark in the City
of Virginia Beach that has contributed character to and enhanced the beauty of the City
and has been a source of pride for its residents;
WHEREAS, a 2012 court order required the corporate owner of the Cavalier
Hotel to be dissolved, and a receiver was appointed to take control of the hotel and its
other assets and sell them;
WHEREAS, the Cavalier Hotel is being marketed for sale by the receiver and
bids to purchase the hotel are being received through April 25, 2013;
WHEREAS, the Cavalier Hotel is being marketed for sale in three parcels: (1) the
12.5-acre site on the west side of Atlantic Avenue, upon which sits the 1927 original
hotel (the "Cavalier on the Hill"), (2) the 6.1- acre oceanfront hotel complex built in 1973
(known as the "Oceanfront Cavalier"), and (3) a 2.5-acre site immediately south of and
adjacent to the Cavalier on the Hill developed with tennis courts and a parking lot;
WHEREAS, if the Cavalier on the Hill structure is demolished, the City would lose
an icon that represents the City's historic architecture and culture;
WHEREAS, preserving the Cavalier on the Hill structure as a piece of Virginia
Beach's history will be an enduring enhancement to the quality of life in the City of
Virginia Beach; and
WHEREAS, the City Council is committed to working with a potential buyer, with
the goal of preserving the Cavalier on the Hill by providing incentives to redevelop the
property in a way that will maintain its historic architectural features.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the City Council, on behalf of the citizens of Virginia Beach, strongly
supports preserving the Cavalier on the Hill structure and the lawn leading up the hill
from Atlantic Avenue;
2. That the City Council wishes it to be known that if the potential purchaser
of the Cavalier on the Hill is able to: (a) add the Cavalier on the Hill to a local, state or
federal historic register; (b) preserve the Cavalier on the Hill structure and lawn; and (c)
45 maintain the ocean view from the Cavalier on the Hill, then the City will consider all
46 reasonable ways to support development of the remaining lands, including offering its
47 support as follows:
48
49 i. Support for historic tax credits, through official designation on the
50 National Register of Historic Places or Virginia Landmarks Register;
51 or certification by the Virginia Department of Historic Resources;
52 ii. Targeted local tax relief through City Council action (i.e., real
53 property, business license, business property, etc.);
54 iii. Cost participation for necessary roadway, utility, stormwater, and
55 other infrastructure improvements;
56 iv. Cost participation in the potential extension of the existing public
57 Oceanfront Boardwalk to include the Oceanfront Cavalier property;
58 v.. Cost participation in project design and master planning;
5g vi. Providing local economic development grants based upon new job
60 creation and investment (as further described on the Web at:
61 htt~//www yesvirqiniabeach com/doinq-business-in-virqinia-
g2 beach/pages/incentives.aspx);
63 vii. Assistance with Obstruction Evaluation (OE) submission to Federal
64 Aviation Administration (FAA) as required by the City Zoning
65 Ordinance;
66 viii. Fast-tracking of permitting process for site development and
g7 construction permits; and
68 ix. Cost participation in the construction of a parking structure for use
69 by the proposed development and the public.
70
71 3. In addition to the foregoing support, the City Council will consider an
72 application conforming to the criteria set forth in Section 2 above for a conditional
73 change of zoning of the property currently zoned RT-1 Resort Tourist District to OR
74 Oceanfront Resort District. The City Manager is hereby directed to establish an ad hoc
75 staff committee that will, prior to a potential purchaser's submission of a bid,
76 confidentially review and evaluate any prospective plans of development that a potential
77 purchaser makes available and will inform the submitting party of staff's analysis of the
78 plan with regard to its compliance with the City's goals for the future use and
79 development of the property, which may result in the City's support of an application for
80 a conditional change of zoning. The ad hoc staff committee shall be available for such
81 confidential review and evaluation up to two days prior to the date of the acceptance of
82 bids by the court appointed receiver.
83
84 4. That the City Council authorizes the City Manager to meet with
85 prospective purchasers of the Cavalier Hotel properties to discuss potential avenues to
86 redevelop such properties in a manner consistent with this resolution.
87
2
88 Adopted by the City Council of the City of Virginia Beach, Virginia, this _
89 day of , 2013.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
~~~ ~ ~
City Attorney's Office Ci anager's Office
CA12555
R-4
April 4, 2013
\\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d026\p015\00062863.doc
3
THE CAVALIER HOTEL
"`"~'~ 4201 ATLANTIC ~V~tNUE
'~ ~ VIRGINIA BEACH, V~RGINIA
OPPORTUG°~dITY OVERVIEW
CBRE Hotels and DJM Realty have been retained as exclusive brokers
for Charles R. Goldstein, in his capacity as Receiver for The Disthene
Group, Inc., and its subsidiaries for the sale of the historic and iconic
Cavalier Hotel on the Oceanfront of Virginia Beach, Virginia. The
complex consists of the original seven-story 1 15-room Cavalier on the
Hill, the 282-room Oceanfront Hotel, an employee housing building
(currently used for storage), a single family residence and a freestanding
commercial building. The complex straddles the junction of Atlantic
Avenue and Pacific Avenue. It is the northern gateway to the resort strip
of Virginia Beach. The Cavalier property has a total area of 21.2 acres.
This includes three parcels: The Oceanfront Hotel which is situated on
6.151 acres and has direct ocean frontage of approximately 568 feet;
the Cavalier on the Hill encompassing 12.5 acres; and the Tennis Courf/
Church Lot parcel which encompasses 2.549 acres. The complex is
being offered unencumbered by brand, debt or management contract
and can be purchased as individual parcels or in its entirety.
CBRE ~ ~ I~ ~R~~
Hotels .~nn~ urvnnna~anrm~r.w
PROPERTY OVERVIEW
PARCEL Cavalier On The Hill Oceanfront Hotel Additional Parcel
~;~s~t ~l Nl MBE~.' 24189518530000 24189660850000 24189534250000
PARCEL SIZE 12.5 acres 6.2 acres, with 568 feet of 2.5 acres
ocean frontage
NUMBER OF ROOMS 1 15 282 with private balconies N/A
YEAR BUILT 1927 1972 N/A
STORIES/CC~RRIDOR 7 stories and basement, 1 1 stories and basement,
interior corridor interior corridor
IMPROVEMENTS Historic hotel, 17,600 SF Oceanfront Hotel, 32,900 Surface parking and two
of ineeting and function SF of ineeting and function clay tennis courts
space, including a 3,500 SF space, including a 16,320
ballroom, indoor swimming SF ballroom, outdoor
pool, two-story residence, swimming pool and fitness
two-story apartment building facilities
and a leased single-story
garage
I~R!{1NG 215 parking spaces 135 above-ground parking 101 parking spaces
spaces, and 35 below-
ground parking spaces
FRANCHISE Offered free and clear of any franchise or management ag reement
www.cbremarketplace.com/TheCavalier
I ~I
i
LODGING MARKET
The Virginia Beach hotel market performed well from 2006 through 2011. A sample set of competitive full-
service and select-service properties experienced only modest single digit declines in RevPAR during the recent
US financial crisis according to Smith Travel Research (STR) data. Additionally, a full recovery is underway as
evidenced by RevPAR growth of nearly six percent in 2012 for the Norfolk-Virginia Beach tract according to STR.
• This remarkable trend is attributed, in part, to the market's balance of lodging supply and demand. In fact, the
141-room Hampton Inn, which opened in 2009, is the most recent hotel to open in the market.
• Hotels in the market also benefit from a diverse local
economy that includes the following sectors:
MARKET PERFORMANCE
• Tourism - the area's coastal location attracts
hundreds of thousands of visitors with its famous
three-mile boardwalk and 38 miles of beach front; Q
• Military - the presence of four military bases; ~
• Higher educational institutions - Virginia Beach is o
home to the satellite campuses for Virginia Tech and Q
the University of Virginia;
• Companies - Businesses such as Sentara Medical
Group, SAIC, Stihl, and GEICO provide year-round
lodging demand.
• A recovery appears eminent with RevPAR growth
around the mid to upper single digit level for year to
date November 2012.
$200
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$160
$140
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~ ADR RevPAR ~ Occupancy
2006 65.8% --- ~ 138.44 --- ~y ~ . ~ `~ ---
2007 66.3% 0.8% $145.81 5.3°/a $96.74 6.1 %
2008 61.8% -6.9% $152.12 4.3% $93.94 -2.9% '
2009 60.3% -2.3% $150.37 -1.1 % $90.74 -3.4% ~'
2010 57.9% -4.1 % $157.91 5.0% $91.42 0.7%
201 1 59.0% 1.9% $163.48 3.5% $96.43 5.5%
~ 3.4% 1.1 %
CAG R -2 •2 ~o
YTD Nov ' 10 60.2% $160.52 --- $96.70 --- ;
YTD Nov ' 1 1 61.8% 2.6% $166.00 3.4% $102.65 6.1 %
YTD Nov ' 12
__, 62.3% 0.8% $173.22 4.4% $108.00 5.2%
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C B R E Hotels
150 West Main Street, Suite 1100
Norfoik, VA 23510
www.cbrehotels.com
~~ ~[ ]~ealty
p GORDON BRO"['l~.RS GROUP COMPANY
S. DOUGLAS HENKEL
CBRE Hotels
757.228.1813
doug. henkel@cbre.com
LEWIS C. MILLER
CBRE Hotels
404.923.1269
lewis.c.miller@cbre.com
MIKE MATLAT
DJM Realty
631 927 0045
ANDREW WIMSATT
CBRE Hotels
202.585.5576
andy.wimsatt@cbre.com
TOM IVES
CBRE Hotels
404.923.1270
tom.ives@cbre.com
445 Broadhollow Road, Suite 224 ' '
Melville, NY 11747 mmatlat@djmrealty.com
www. d j m rea Ity. com
_: ul3 L6 Rhha~d Fllis ~~i Viiyinia, In~. i hi~ intonnotion l~as bee~~ o~~mu~ii iw~~~~ sou~cei helieved relia6le. We hove no't acrified it and make na qunrantee, ~vaunnty oi iepiesentatian al~out it. Any piojertion<, opirioir, ussump~ions ar
estimutes used ure far ezample only ond do not represent the cmrent or furore periormance o{ the properry. You and your advisors should mnduct u careful, independem investigation of the praperty ro defermine to yau~ satisfanion phe
suitobility of ihe praper~~ for your needs. Photos herein are the property o1 their respenive owners and use of these images without the exptess written consent o{ the owner iz prohi6ited.
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CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: An Ordinance Authorizing the City Manager to Execute a License Agreement
with Starbucks Corporation for the Use of Approximately Fifty (50) Square Feet of City-
Owned Property for an Outdoor Seating Area at 31 Ocean
MEETING DATE: April 9, 2013
^ Background: Since 2008, Starbucks Corporation ("Starbucks") has licensed from
the City an outdoor seating area of approximately fifty (50) square feet located
immediately in front of and under the roof-line of the Starbucks store located at 31
Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area").
Starbucks proposes to enter into a new license agreement for the Licensed Area from
the City for a one (1) year term with four (4) one-year renewal options.
Starbucks would be allowed to place tables and chairs in the Licensed Area and be
responsible for the maintenance of the Licensed Area. Starbucks would be required to
comply with other regulations consistent with other outdoor seating areas throughout
the City.
Use of the Licensed Area has been treated as a license agreement and not as a cafe
franchise because: (a) this property is not located in the right-of-way; and (b) Starbucks
will not provide table service to the Licensed Area.
^ Considerations: Starbucks has agreed to pay $869.52 annually for the first year of
the agreement, with that amount increasing by three percent (3%) each successive
year. The License Agreement has been endorsed by the City's Strategic Growth
Area/Resort Management Office, and would be consistent with other uses at the 31
Ocean development.
^ Public Information: Advertisement of Public Hearing in The Virginian-Pilot;
Advertisement of City Council Agenda.
^ Attachments: Ordinance, Summary of Terms, Location Map
~~
Recommended Action: Approval ~
Submitting DepartmentJAgency: Strategic Growth Area/Resort Manageme
Cit Mana er: ~ ~
Y 9
SUMMARY OF TERMS
LICENSE FOR STARBUCKS CORPORATION TO USE 50 SQUARE FEET OF
CITY-OWNED REAL PROPERTY A'I' 31 OCEAN
LICENSOR City of Virginia Beach
LICENSEE: Starbucks Corporation, a Washington corporation
PREMISES: 50 square feet of City-owned property located immediately in front
of and under the roof-line of the Starbucks store located at 31 Ocean,
241 Laskin Road, Virginia Beach, Virginia 23451
TERM: May l, 2013 through Apri130, 2014
RENEWAL: Four optional one-year terms
TERMINATION: City shall have right to terminate if necessaiy for a public purpose by
giving sixty (60) days' notice.
RENT: Year 1: $869.52 annually
Optional Year 2: $895.61 annually
Optional Year 3: $922.48 annually
Optional Year 4: $950.15 annually
Optional Year 5: $978.65 annually
RESTRICTIONS ON USE OF LICENSED AREA:
• Any live or recorded music played in the Licensed Area shall conform with the
City's Cafe Guidelines for entertainment or live music.
• Materials placed in Licensed Area must be approved by the City and no logos
other than Starbucks' logo shall be permitted.
• All items placed in the Licensed Area must be removed each night at the close of
business.
• No extraneous items such as menu boards, 5igns or portable heaters in the
Licensed Area shall be permitted.
• Solicitation for tips or the posting or dissemination of printed material in the
Licensed Area is prohibited.
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CITY OF VIRGINIA BEACH
AGENDA ITEM ~,
ITEM: An Ordinance to Amend Section 2-108 of the City Code Pertaining to Probation
Period of Employment
MEETING DATE: April 9, 2013
^ Background: The City Code provides that the probation period for new City
employees is the first twelve months of City employment, except for sworn, non-certified
police and fire personnel, whose probation period is fifteen months. The Code
authorizes management to extend the probationary period when an employee takes
fifteen or more consecutive calendar days of injury leave, leave without pay, or sick
leave or is suspended for fifteen or more days. The extension allows additional time
equal to the amount of time the employee is not performing City job functions so
management may evaluate whether the new hire can perform the essential functions of
the job. Recently, there have been several situations in which a new employee has a
personal illness or injury during the probation period, but instead of taking leave is able
to perform transitional work while in a temporary limited duty status. During a
transitional work assignment, the employee does not perform his or her normal job
duties. Accordingly, for instances in which transitional work is provided for fifteen or
more consecutive calendar days, departments would like to extend the probationary
period in the same manner as if the employee was in an approved leave status in order
to allow sufficient time to evaluate the employee's ability to perform the necessary job
functions.
^ Considerations: The Department of Human Resources requests an
amendment to the City Code to allow for extensions of the probationary period when
employees are perForming transitional work due to a temporary limited duty status
resulting from an injury or illness. This amendment would provide consistent treatment
of employees who, due to medical reasons, temporarily cannot perform the essential
functions of their job for fifteen or more consecutive calendar days.
^ Public Information: Public information will be provided through the normal
Council agenda process.
^ Attachments: Ordinance.
Recommended Action: Approval
Submitting DepartmentlAgency: Human Resources
City Manager: IL . ~
1 AN ORDINANCE TO AMEND SECTION 2-108
2 OF THE CITY CODE PERTAINING TO
3 PROBATION PERIOD OF EMPLOYMENT
4
5 SECTION AMENDED: § 2-108
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-108 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 2-108. - Probation period of employment.
14 The probation period for employees other than sworn, non-certified police and
15 fire personnel shall be defined as the initial twelve (12) calendar months of employment
16 following an original employment or re-employment. The probation period for sworn,
17 non-certified police and fire personnel shall be fifteen (15) calendar months of
18 employment following an original employment or re-employment. However, the
19 probation period for all probation employees shall be extended one (1) pay period for
20 every fifteen (15) consecutive calendar days a probation employee is on injury leave,
21 suspension, leave without pay, or sick leave status or performinq transitional work due
22 to a temporarv limited dutv status resultinq from injury or illness. Any salary change
23 which may occur upon completion of the probation period shall not become effective
24 until the first day of the pay period following such completion.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2013.
APPROVED AS TO CONTENT
1
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Human Resources
APPROVED AS TO LEGAL SUFFICIENCY:
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City Atto ney's Office
CA12599
R-1
March 5, 2013
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CITY OF VIRGINIA BEACH
, AGENDA ITEM ,
ITEM: An Ordinance to Adopt the 2013 Housing Choice Voucher Annual Agency Plan
and a Revised Administrative Plan and to Authorize the City Manager to Execute
and Submit the Plans to the U.S. Department of Housing and Urban
Development
MEETING DATE: April 9, 2013
^ Background: The City's Department of Housing and Neighborhood
Preservation ("DHNP") operates the federally-funded Housing Choice Voucher Program
("HCVP"), formerly known as the Section 8 Program. The U.S. Department of Housing
and Urban Development ("HUD") requires agencies that operate a HCVP to submit (1)
an annual plan for each fiscal year in which federal funding is received for its HCV
program and (2) an administrative plan.
^ Considerations: The purpose of the Annual Agency Plan is to update HUD on
DHNP's progress in achieving the goals in the Five Year Plan. The Annual Agency
Plan describes the organization of the HCVP, and details the strategies employed in
satisfying affordable rental housing needs in the City. The DHNP is also required by
HUD to include certifications demonstrating DHNP's compliance with applicable laws,
and HUD rules and regulations.
Also covered by this ordinance is the HCVP Administrative Plan, which details the
policies and procedures that govern the day to day operation of the HCVP. The
previously approved Administrative Plan has undergone several revisions which are
included for approval in this ordinance request. The Annual Agency Plan incorporates
the provisions of the Administrative Plan and also provides additional plan elements and
certifications that are required by HUD annually. The approved plans must be
electronically submitted to HUD no later than April 15, 2013.
^ Public Information: Public information will be provided through the normal
Council agenda process. Other federally-required notice and opportunities for public
review and comment will be completed prior to submission to HUD.
^ Attachments: Ordinance, Executive Summary
Recommended Action: Adopt Ordinance ~
~
Submitting DepartmentlAgency: Housing & i ' od Preservation
City Manager: ~/ ~
.
1 AN ORDINANCE TO ADOPT THE 2013 HOUSING
2 CHOICE VOUCHER ANNUAL AGENCY PLAN
3 (INCLUDING A REVISED ADMINISTRATIVE
4 PLAN) AND TO AUTHORIZE THE CITY MANAGER
5 TO EXECUTE AND SUBMIT THE PLAN TO THE
6 U.S. DEPARTMENT OF HOUSING AND URBAN
7 DEVELOPMENT
8
9 WHEREAS, the City's Department of Housing and Neighborhood Preservation
10 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCVP"),
11 formerly known as the Section 8 Program; and
12
13 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD")
14 requires agencies that operate HCV programs to submit (1) an Annual Plan for each
15 fiscal year in which DHNP receives federal funding for its HCVP, and (2) a revised
16 Administrative Plan as applicable; and
17
18 WHEREAS, the purpose of the Annual Plan is to update HUD on the DHNP's
19 progress in achieving the goals stated in the five-year plan; and
20
21 WHEREAS, the purpose of the Administrative Plan is to describe in detail the
22 operational procedures of the HCVP in DHNP; and
23
24 WHEREAS, as required by HUD, DHNP has prepared the Annual Agency Plan
25 and an Administrative Plan; and
26
27 WHEREAS, the DHNP is also required by HUD to include a certification in the
28 Annual Plan demonstrating DHNP's compliance with applicable laws, and HUD rules
29 and regulations, in order to continue to operate the HCVP; and
30
31 WHEREAS, executive summaries of the Annual Plan and Administrative Plan
32 revisions are attached hereto, and a copy of both Plans are on file with the City Clerk.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
35 VIRGINIA BEACH, VIRGINIA:
36
37 DHNP's Annual Plan and Administrative Plan revisions for the Housing Choice
38 Voucher Program are hereby ratified and adopted, and the City Manager is hereby
39 authorized and directed to execute and submit the Annual Plan to the U.S. Department
40 of Housing and Urban Development.
41
42 Adopted by the Council of the City of Virginia Beach, Virginia on the day
43 of , 2013.
APPROVED AS TO CONTENT:
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Depa ` ~ ~ t~i ~ sing &
Neighb rh Preservation
~
CA12620
R-1
March 26, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
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Executive Summary
2013 Housing Choice Voucher Plans - Annual Plan Update and
Administrative Pian Amendment
Department of Housing and Neighborhood Preservation
April 9, 2013
Federally-Required Plans for the Housing Choice Voucher Program
The Virginia Beach Department of Housing & Neighborhood Preservation
(VBDHNP) operates the Housing Choice Voucher Program (HCVP). This
program provides funding for rental subsidies to nearly 2,000 households in
Virginia Beach and, in some cases, in neighboring cities through the use of
cooperative agreements for project-based housing developments. The U.S.
Department of Housing and Urban Development funds this program and requires
grantees to create and adopt the following plans:
Plan Name 'Summary Purpose and Status
Content
Five Year Provides long term This plan was developed
Agency Plan ' guidance for the program and adopted by Council
in 2010
Annual Agency ' Describes the agency's Developed by staff and
Plan Update: plan for the 2013 fiscal proposed for adoption by
year, consistent with the Council with this
five year plan ordinance
Administrative Describes in detail how Amendments have been
Plan the HCV program will developed by staff and
operate are proposed for adoption
by Council with this
ordinance
Additional Detail on Plan Contents
Five Year-Aqencv Plan: This plan provides the long-term direction for the agency
in operating the HCV program. No changes to this plan are proposed at this time.
Annual Aqency Plan Update: This plan must be submitted annually. As a HUD
designated High-PerForming Agency that operates only the Housing Choice
Voucher Program, VBDHNP is only required to submit a streamlined Annual
Agency Plan Update that does not contain the level of detail required in the past.
Executive Summary
2013 Housing Choice Voucher Plans - Annual Plan Update and
Administrative Plan Amendment
Department of Housing and Neighborhood Preservation
April 9, 2013
However, the Annual Agency Plan Update does contain a summary of progress
in meeting the strategic goals as stated in the Five Year Plan.
At a meeting on January 30, 2013, the Plan Update was reviewed with the
Resident Advisory Board, which is comprised of participants in the Virginia Beach
Housing Choice Voucher program. On February 5, 2013, the Annual Plan
Update was made available to the public for the required 45-day review period.
A public hearing was held on March 26, 2013, and all comments received have
been considered for inclusion in the final Plan Update.
The approved Annual Agency Plan Update and the two required certifications
must be electronically submitted to HUD not later than 75 days before the
beginning of the city's July 1, 2013 fiscal year. Therefore, the Annual Plan
Update is due on April 15, 2013.
Housinq Choice Voucher Proqram Administrative Plan:
Staff has developed the following revisions to the plan for 2013:
Includes a change in the threshold amount for prosecuting fraud involving
unreported income. Failure to accurately report income results in
excessive rental subsidy payments. Persons determined to have willfully
underreported income may enter into a repayment agreement for a period
of up to 36 months. Amounts in excess of $2,400 will result in immediate
termination from the Housing Choice Voucher Program and referral to the
City Attorney for criminal prosecution.
• Includes a provision for family members to serve as live-in aides, provided
they meet all requirements consistent with HUD's definition of a live-in aid.
• Adds HUD definition of a single person family.
Several minor format, grammatical, and organizational corrections and
contained in the attached FY 2013 Annual Plan Update S~!mrnary of
Administrative Plan Changes.
Council approval is required for any revisions to the Administrative Plan. Once
approved, the revised Administrative Plan will be made available for review, upon
request, to Housing Choice Voucher Program participants and the general public.
2
FY 2013 Annual Plan Update
Summary of Administrative Plan Changes
Location Change/Issue
Page 2-1 Add definition of Single person to family composition
from CFR 5.403 which reads: "A single person family
may be an elderly person, a displaced person, a
disabled person and any other single person who is
not elderly, displaced, disabled, or the remaining
member of a tenant famil ."
Page 2-2 Live in Aide - Change language to allow relatives to
serve as live-in aids provided they meet all elements
of the live-in aide definition.
Page 3-1 Applying for Admission -Language added to reflect
option of taking on-line applications only.
Page 3-5 Adds Tenancy Addendum to RFTA and
Exit Packa e; Voucher With Tenanc Addendum
Page 4-4,4-5 Preferences - elderly and or disabled families on
fixed incomes assisted through the TBRA program
may be awarded a voucher, provided they are in
good standing, i.e., maintains dwelling unit, pays rent
portion on time, no pro ram violations on record.
Page 4-7 Selection of applicants from the waiting list will be
updated to reflect current procedures, specifically for
SRO and NOAH unit occupancy.
Page 6-10 Averaging Income and Conducting Interims -
Threshold amount is $2400. Subsidy adjustments for
Increases in income below under this amount will be
made at the next annual re -examination.
Page 10-4 HQS - Section G. 3. b. First Re-Inspection Failure -
Should Read: "HAP payments to the landlord will be
abated and/or client benefits will be suspended in
accordance with the date indicated on the notice.
Page 17-3 Section E. Guidelines for Repayment agreements
should read: Repayment agreements will be
executed between the city of Virginia Beach and the
head of household/co-head, or head of household
and spouse when the amount of indebtedness is
$2400 or /ess. Debts exceeding that amount will be
forwarded to the Commonwealth Attorney for
prosecution under the fraud statutes. (New
language added)
Page 19-3 Project-based Vouchers - Section C- Removed
language awarding higher points for projects with
25% or fewer units assisted.
Page 19-31 Section Z. Added language to cover partnerships
with area agencies in the use of project based
vouchers in the development of regional housing
projects.
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CITY OF VIRGINIA BEACH
AGENDA ITEM _
. ___
ITEM: A Resolution Appointing Dannielle C. Hall-Mclvor to the Position of Assistant
City Attorney
MEETING DATE: April 9, 2013
^ Background: Section 2-166 of the City Code provides that "[t]he city council
may, from time to time, upon recommendation of the city attorney, appoint such deputy
and assistant city attorneys as it may deem necessary to serve at the pleasure of the
city attorney."
^ Considerations: This Resolution appoints Dannielle C. Hall-Mclvor as an
Assistant City Attorney, effective April 16, 2013.
^ Recommendations: It is recommended that City Council adopt the attached
resolution.
^ Attachments: Resolution
Recommended Action: Adopt Resolution
Submitting Department/Agency: City Attorney~~
City Manager:
1
2
3
4
5
6
7
8
9
10
11
12
A RESOLUTION APPOINTING DANNIELLE C. HALL-
MCIVOR TO THE POSITION OF ASSISTANT CITY
ATTO RN EY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to § 2-166 of the City Code, Dannielle C. Hall-Mclvor is hereby
appointed to the position of Assistant City Attorney, effective April 16, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2013.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
City Attorney's Office
~~i,~.+.-~- '~ ~ ~~~----
CA12621
R-1
March 26, 2013
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Additional Rescue
Equipment and Medical Supplies
MEETING DATE: April 9, 2013
^ Background: The General Assembly established the Four-for-Life program to
provide financial assistance to volunteer rescue squads and municipal EMS agencies to
fund EMS program and projects. As provided by Virginia Code 46.2-694, the Four-for-
Life program collects four additional dollars on each state automobile license purchased
annually, and twenty-five percent of these funds are returned to localities for training
and equipment.
By the end of FY 2011-12, the Virginia Office of Emergency Medical Services provided
the City's Department of Emergency Medical Services an additional $109,175 in Four-
for-Life funds. The Department of Emergency Medical Services recommends using this
revenue to purchase additional equipment and supplies to enhance rescue/medical
capabilities that will be shared with volunteer rescue squads, career medics, and
firefighters. Examples of items to be purchased include power lift stretchers, a
mechanical CPR device, oxygen filling stations, notebook computers for conducting
training pertaining to the electronic medical records system, medical supplies, and
protective apparel.
^ Considerations: Use of these funds is restricted by state law and may only be
used to purchase additional or enhanced equipment or training needs (and not to offset
the cost of current services). In order to utilize the funds in time to meet the expenditure
reporting requirements, they should be accepted from the State and appropriated before
June 2013.
^ Public Information: Public information will be provided through the normal
Council Agenda process. Additionally, funding distributions are announced in the
newsletters of the Virginia Office of Emergency Medical Services and Tidewater
Emergency Medical Services, Inc.
^ Recommendations: Adopt the attached budget amendment.
^ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Ag cy: Department of Emergency Medical Service~:~"
City Manage . •
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE FUNDS,TO PURCHASE
3 ADDITIONAL RESCUE EQUIPMENT AND
4 MEDICAL SUPPLIES
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $109,175 is hereby accepted from the Virginia Department of Health, Office of
9 Emergency Medical Services and appropriated, with estimated state revenues increased
10 accordingly, to the FY 2012-13 Operating Budget of the Department of Emergency Medical
11 Services to purchase additional rescue equipment and medical supplies.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
,
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Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
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CA12616
R-1
March 19, 2013
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CITY OF VIRGINIA BEACH
, AGENDA ITEM ,
ITEM: An Ordinance to Appropriate Funds to Purchase Replacement Automated
External Defibrillators for the Police Department
MEETING DATE: April 9, 2013
' Background: The Police Department is the first responder to many life-
threatening medical events, including incidents that involve the use of automated
external defibrillators (AEDs). The department has in place 128 AEDs in patrol vehicles.
In the past, the AEDs were procured through grants obtained by the Department of
Emergency Medical Services, and these units are now 8 years old. The useful life of an
AED is 7 years. The existing AEDs are not set to newer American Heart Association
standards of 2 minutes of CPR operation (current AEDs have 1 minute of operation).
The existing AEDs are increasingly requiring battery replacements every 2-to-3 years
depending on use. Pads are replaced annually. Given the age, obsolescence and
condition of the Police Department's AEDs, they should be replaced. The replacement
AEDs will require battery and pads replacements every 5 years.
' Considerations: EMS has identified $25,868 in proceeds from the sale of
salvage defibrillators, and recommends appropriating those funds to purchase roughly
18 AEDs for the Police Department. Each unit costs about $1,375.
• Public Information: Public information will be provided through the normal
Council Agenda process.
• Recommendations: Adopt the attached budget amendment ordinance.
• Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Medical Services~~G~~
City Manager: ~.- ,
1 AN ORDINANCE TO APPROPRIATE FUNDS TO
2 PURCHASE REPLACEMENT AUTOMATED
3 EXTERNAL DEFIBRILLATORS FOR THE
4 POLICE DEPARTMENT
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $25,868 is hereby appropriated, with estimated revenues from sale of salvage
9 material increased accordingly, to the FY 2012-13 Operating Budget of the Department of
10 Emergency Medical Services to purchase replacement automated external defibrillators for
11 the Police Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
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Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
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, Ci r 's Office
CA12619
R-1
March 25, 2013
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funds within the FY 2012-13 School Operating Budget
MEETING DATE: April 9, 2013
^ Background: At its March 19th meeting, the School Board adopted a resolution
requesting that City Council adopt an ordinance transferring appropriations. The
Schools Operating Fund (Fund 115) contains four major classifications: Administration,
Attendance, and Health; Instruction; Operations and Maintenance; and Pupil
Transportation. The School Technology Fund (Fund 106) was formerly part of the
Schools Operating Fund, but it currently is a separate fund in the Budget. Because the
requested transfers are between the major classifications, City Council approval is
required.
^ Considerations: The School Board's resolution requests a total of $236,783
transferred, with the following amounts and sources:
•$125,565 from the Instruction Classification of the School Operating Fund to the
School Technology Fund; and
•$111,218 from the Administration Classification of the School Operating Fund to
the School Technology Fund.
The School Board's total budget remains balanced, and this transfer will not change
total appropriations in the FY 2012-13 School Operating Budget. The School Board
intends to use the funds to purchase printers, printer cartridges, computers, monitors,
promethean boards, computer supplies, software, e-book readers, iPads, laptops, and
Kindles.
^ Public Information: Public information will be disseminated through the Council
agenda process.
^ Attachments: School Board Resolution; Ordinance
Submitting DepartmentlAgency: Virginia Beach City Public Schools
City Manag • S ~ , b~'~
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ViRGIN1A BEACH CITY PUBLIC SCHOOlS
n H e a ~ o F r H e c u R v e Daniel D. "Dan" Edwards, Chairman
School Board of the City of Virginia Beach District 2- Kempsville
2512 George Mason Drive
P.O. Box 6038
Virginia Beach, VA 23456-0038
(757) 263-1016
www.vbschoois.com/school board
James G. Merrill, Ed.D., Superintendent
William J. "Bill" Brunke, IV, Vice•Chairman
District 7 - Princess Anne
Beverly M. Anderson, At-Large
Joel A. McDonald, District 3- Rose Hall
Robert N. "Bobby" Mefatti, At-Large
Samuel G. "Sam" Reid, District 6- Beach
Elizabeth E. Taylor, At-Large
Emma L. "Em" Davis, District 5- Lynnhaven Leonard C. Tengco, District 1- Centerville
Dorothy M. "Dottie" Holtz, At-Large Carolyn D. Weems, District 4- Bayside
RESOLUTION REGARDI(VG FY 2012-13 BUDGET AND
REQUEST FOR CATEGORICAL/FUND TRANSFERS
WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the
School Board of the City of Virginia Beach, Virginia by major Category; antl
WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technalogy-related expenditures be made in a separate
Fund or Category; and
WHEREAS, the School Administration has determined that a number of schools and departments have technology-related
spending needs that require categorical/fund transfers to enable such purchases such as: printers, printer cartridges, computers,
monitors, promethean boards, computer supplies, software, e-book readers, iPatls, laptops, Kindles, and
WHEREAS, the following budget transfers are recommended by the School Administration:
• Total of $125,565 from Operating Fund 115 - Instruction to 7echnology Fund 106
• Total of $111,218 from Operating Fund 115 - Administration to Technology Fund 106
WHEREAS, these transfers are also necessary to appropriately expense and account for technology-related expenses; and
WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the
School Board.
NOW, THEREFORE, BE IT
RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and
FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers
shown above; and be it
FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of
the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager,
and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 19th day of March 2013
, ~~..-~
~ ~~ ~
Daniel D. Edwards, Chairman
SEAL
ATTEST:
~ ~~l~Q/K~tn.t~ ~ (.t,(L~i1F~-2-O~!/~
Dianne P, Alexander, Clerk of the Board
CERTIFIED TO BE A TE~U~
AND CORRECT CQ~'Y
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Cl~rk, Schooi Board ofthe
~I~ ef ~~Ir~~nl~ ~aach
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO TRANSFER FUNDING
WITHIN THE FY 2012-13 SCHOOL OPERATING
BUDGET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $236,783 is hereby transferred within the FY 2012-13 Schools Budget in the
amounts set forth below:
1. $125,565 from the Instruction Classification of the School Operating Fund to
the School Technology Fund (106), and
2. $111,218 from the Administration Classification of the School Operating Fund
to the School Technology Fund (106).
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2013.
APPROVED AS TO CONTENT
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APPROVED AS TO LEGAL SUFFICIENCY:
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CA12617
R-1
March 21, 2013
J. PLANNING
Application of ROVING AUTO, INC. and KRIST ENTERPRISES for a Modification of Conditions
Nos. 2 and 5(approved January 13, 2009) re motor vehicle sales and service to delete restrictions at 300
South Rosemont Road (Deferred: March 12, 2013) (DISTRICT 6- BEACH)
RECOMMENDATION:
APPROVAL
2. Application of C. CHRIS MITCHUM and WILLIAM HOLDA/HOLDA ENTERPRISES,
LP for a Conditional Use Permit re auto repair garage at 5898 Thurston Avenue (DISTRICT 4
- BAYSIDE)
RECOMMENDATION:
APPROVAL
Application of NICHOLSON PROPERITIES, LLC for a Chan~e of Zonin~ from A-12
Apartment to Conditional I-1 Light Industrial re office-warehouse units at 405 Fountain Drive
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
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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, 2401 Courthouse Drive,
Virginia Beach, Virginia, on Tuesday,
April 9, 2013 at 6:00 PM, at which
time a Public Hearing to consider the
following applications will be held:
BEACH - DISTRICT 6
NICHOLSON PROPERTIES, LLC /CITY
OF VIRGINIA BEACH Application:
t'han¢e of Zonine from A-12
Apartment to Conditional I-1 Light
Industrial at 405 Fountain Drive
(GPIN 2407462671; 2407462753;
2407463607). Comprehensive Plan:
Hilltop Strategic Grow[h Area.
Request is to develop the site with
office-warehouse units.
BAYSIDE - DISTRICT 4
C. CHRIS MITCHUM /WILLIAM HOLDA
- HOLDA ENTERPRISES, LP
Application: Conditional ~ise Permit
for an automobile repair garage at
5898 Thurston Avenue (GPIN
1459932574).
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
h~y.~;::,'y~w_v.~g9~r an;!A..~~' For
information call 385-4621.
If you are physicalty disabled or
visualy impalred and need
assistance at this meeting, please
call the CIT( CLERK'S OFFICE at 385-
4303.
Beacon March 24 & 31, 2013
23504298
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: ROVING AUTO, INC. (Applicant) / KRIST ENTERPRISES (Owner), Modification of
Conditions of a Use Permit for motor vehicle sales and service approved by the City
Council on January 13, 2009. 300 S. Rosemont Road (GPIN 1487607775). BEACH
DISTRICT.
MEETING DATE: April 9, 2013
^ Background:
This item was deferred by the City Council on March 12 at the request of the City
Councilmember for the Beach District.
On September 25, 2012, the applicant submitted an application requesting a
Modification of the Conditions of a Use Permit for motor vehicle sales granted by the City
Council in 2009. Specifically, the applicant requested the deletion of Conditions 2 and 5.
The requested modification of Condition 2 consists of the deletion of the restriction of the
number of vehicles sold on the site, which the condition currently set at five. Condition 5
of the Use Permit prohibits use of "pennants, streamers, balloons, portable signs or
banners displayed on the site or the vehicles."
The site has been used for an automobile servi~e station since the approval of a
Conditional Use Permit by the City Council for that use on May 25, 1999. When the
current business owner (the applicant) occupied the site, he requested modification of
one of the five conditions of the 1999 approval. Condition 3 of the 1999 Use Permit
required the removal of finro nonconforming free-standing signs that were located on the
site and the installation of a single monument-style sign in lieu of the two removed signs.
In 2008, the applicant requested that Condition 3 be modified for the purpose of allowing
an electronic LED display for the face of the monument-style sign instead of the backlit,
static message, plastic sign face typically associated with such signs. On January 13,
2009, the City Council granted the applicant's request, subject to a number of standards
pertaining to the operation of the sign.
Three months after City Council's approval of the modification of the sign condition, the
applicant submitted an application requesting a Conditional Use Permit for motor vehicle
sales. The application's narrative explained that his request to add motor vehicle sales
as an additional use was driven by the need to sell any vehicle that the applicant
acquired from a customer who was unable to pay for the repair services performed on
his or her vehicle. The applicanYs request to add motor vehicle sales was granted by the
City Council on July 14, 2009; however, the Planning Commission voted to recommend
approval of the request to the City Council only after the applicant agreed to conditions
of the Use Permit that addressed staff concerns with traffic access to and from the site
and Planning Commission concerns with the operation of electronic display sign since its
approval. Those concerns were specific to the manner by which the sign changed
images (moved, flashed, or speed of inessage turnover) and the messages shown on
Roving Auto
Page 2 of 5
the sign, as some advertised or promoted establishments, businesses, or services not
located or provided at the site (a billboard by definition of the Zoning Ordinance).
^ Considerations:
There have been a series of violations of the Use Permit, and Zoning Inspectors have
worked with the applicant to correct the violations or, as necessary, cited the applicant
as being in violation of the conditions of the Use Permits. The majority of the issues
pertained to failure to meet specific conditions of the Use Permit, primarily consisting of
the condition for blocking access points to and from Rosemont Road, South Plaza Trail,
and Victoria Drive. On January 20, 2010, the primary Zoning Inspector working with the
applicant found upon inspection that the site was in compliance with the conditions of the
Use Permit. In May 2012, however, the applicant was found to be in violation of the
conditions regarding signage and the number of vehicles on the site. Condition 2 of the
Use Permit limits the applicant to five vehicles for sale, and those vehicles are required
to be parked for display in an area designated for such purpose adjacent to the
intersection of Victoria Drive and Rosemont Road. Condition 5 prohibits pennants,
streamers, balloons, portable signs, or banners displayed on the site or the vehicles. On
May 29, 2012, the Zoning Office sent the applicant a letter informing him of the following
violations:
1. Having more than 5 vehicles for sale;
2. Having temporary signs; and
3. The LED message [on the electronic display sign] is changing faster than 8 seconds.
The letter concludes with a notice to eliminate the violations within 30 days of the receipt
of the letter or to appeal the decision to the Board of Zoning Appeals. Subsequently, the
applicant submitted this application for a Modification of Conditions. pertaining to the
prohibited signs and number of vehicles for sale.
The applicanYs request to delete Condition 5 of the Use Permit, which prohibits the
display of pennants, streamers, balloons, portable signs, or banners on the site or the
vehicles, cannot be supported. The condition is, as are some conditions recommended
by staff for various types of Use Permits, a reiteration of an existing Zoning Ordinance
regulation. The condition is part of the Use Permit for the purpose of making it clear to
the applicant that the specified action is not legal. Thus, even Condition 5 was deleted,
the applicant would still be prohibited from display of pennants, streamers, balloons,
portable signs, or banners on the site or the vehicles since such are a violation of
Section 212 of the City Zoning Ordinance. The applicant may, and staff has informed the
applicant of this, use `temporary signs of a commercial nature,' to announce special
events or promotions, subject to the regulations of Section 211(b)(2) of the Zoning
Ordinance. Such signs may be used "no more than thirty (30) days prior to the event or
function and must be removed within seven (7) days after the event or function." There
are additional regulations in 211(b)(2) regarding lighting, sign size, and placement on the
site or building that the applicant must adhere to.
The greatest concern of staff and the Planning Commission is the applicant's request to
delete the restriction on the number of vehicles that can be sold from the site. The sale
of an unlimited number of motor vehicles on the site in conjunction with the uses of
motor vehicle service and fuel sales results in an intensity of land use and activity on a
parcel that is insufficient in size to accommodate all of those uses. Moreover, in this
Roving Auto
Page 3 of 5
instance, the site was developed in the mid-1960s and is located in an established
residential neighborhood, making it difficult to buffer the neighborhood from the intensity
of activity on the site.
Thus, when this application was first heard by the Planning Commission at their January
9 public hearing, staff could not support the deletion of Condition 2 pertaining to the
elimination of the restriction on number of cars sold, and recommended denial of that
request. At that public hearing, the applicant agreed to a deferral at the request of the
Planning Commission for the purpose of additional discussion with staff and the
members of the Planning Commission from the Rose Hall and Beach Districts. A
meeting was held at the site on January 17, 2013, which included the applicant, staff,
and the two Planning Commissioners. During the meeting, understandings were reached
with the applicant pertaining to areas where motor vehicles for sale could be located,
landscaping, methods for closing access points as required by the prior Use Permit, and
parking for employees. Based on those discussions, staff and the Planning Commission
conclude that the following conditions provide a means by which the applicant can meet
his goals while also meeting the regulations of the Zoning Ordinance and the applicable
policies of the Comprehensive Plan.
There was opposition to the request.
^ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 6-3, recommends
approval of this request to the City Council with the following conditions:
Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be
limited to the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed
Site Modifications for Roving Auto," February 1, 2013. The vehicles shall be single-
parked, one vehicle in each space designated on the plan. Furthermore, the spaces
shown on the plan shall be designated on the surface of the lot by standard
pavement striping. Parking for customers, employees, and vehicles for repair shall
be in the areas designated as such on the plan.
2. No vehicles shall be parked within any portion of the public right-of-way, and no
vehicles shall be displayed on raised platForms, earthen berms, or any other
structure designed to display a vehicle higher than the elevation of the main parking
area.
3. Vehicles driven by employees of the applicant's business shall not be parked on
Victoria Drive or Waverly Drive.
4. Vehicles either waiting to be repaired or having been repaired shall not be parked on
Victoria Drive or Waverly Drive.
5. The existing site landscaping shall be supplemented at the intersection of Rosemont
Road and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive,
along South Plaza Trail, and along the property lines in the northeast corner of the
site (further identified on the plan referenced in Condition 1). The applicant shall
meet with the staff landscape architect of the Department of Planning / Environment
and Sustainability Office for the purpose of developing a planting plan for those
Roving Auto
Page 4 of 5
areas. Said landscaping shall be installed by the applicant within six (6) months of
the date of City Council's approval of this Use Permit.
6. As indicated on the plan referenced in Condition 1, the use of the vehicular access
point on Victoria Drive, the westernmost vehicular access point on South Plaza Trail,
and the southernmost vehicular access point on Rosemont Road shall be prohibited.
A barrier shall be installed along the width of said access drives using a system of
landscape planters to be approved by the Zoning Administrator after consultation
with the staff landscape architect of the Department of Planning / Environment and
Sustainability Office. Said barrier planter system shall be installed by the applicant
within six (6) months of the date of City Council's approval of this Use Permit.
7. All landscaping installed on the site for the purpose of complying with these
conditions shall be maintained in healthy condition. If any plant dies, it shall be
replaced with the same species and size of the plant that died.
8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no
pennants, streamers, balloons, portable signs or banners displayed on the site or the
vehicles.
9. Temporary signs of a commercial nature announcing grand openings or other special
events or promotions shall be permitted subject to the following as required by
Section 211(b)(1) and (2) of the Zoning Ordinance:
a. Such signs shall be displayed no more than three (3) times per year by any
business or establishment, nor for any period in excess of seven (7) days.
b. Such signs shall be located entirely upon the property and set back no less
than seven (7) feet from the property line;
c. Such signs shall have a maximum sign area of 32 square feet;
d. Such signs may be illuminated in accordance with the restrictions set forth in
Section 213 of the Zoning Ordinance;
e. If building-mounted, such signs shall be flat wall signs and shall not project
above the roofline; and
f. If freestanding, the height of any such sign shall be no more than 12 feet
above ground level.
10. The Recreational Vehicle (RV) located behind the building shall be removed from
the site within 90 days of the date of City Council's approval of this Use Permit.
11. All vehicle repairs shall be conducted inside the building. No outside storage of
vehicles in a state of obvious disrepair shall be permitted. If vehicles in this
condition require storage, then such vehicles shall be stored within the building.
12. There shall be no storage of tires, merchandise, or debris of any kind outside of the
building.
13. There shall be no truck rentals.
14. All outdoor lighting shall be shielded to direct light and glare onto the premises.
Said lighting and glare shall be deflected, shaded and focused away from adjoining
Roving Auto
Page 5 of 5
property.
15. The monument sign at the southwest corner of the site shall be substantially
consistent with the enhanced photo elevations of a light-emitting diode (LED) sign
on record with the Department of Planning as part of the January 29, 2009 Use
Permit. The following apply to said sign:
a. The sign shall not advertise or direct the attention of the general public to an
establishment, business, or service that is located on a separate site from the
subject zoning lot.
b. The sign shall include a light-sensitive photocell feature that will reduce and
increase the intensity of the LED output commensurate with the external
ambient light level (LED output reduction for night and cloudy conditions and
LED output increase for daytime sunny conditions).
No portion of the material displayed by the sign, including backgrounds,
colors, pictures, lettering, or other graphics, shall be changed more frequently
than once every 15 seconds. This shall not, however, prohibit a single
element on the message displayed during those 15 or fewer seconds from
limited movement (as in a butterfly or bouncing ball moving across the screen
during a static image message). Furthermore, this condition shall not prohibit
the transition between each 15 or fewer second message to utilize fade,
slide, swirl, or similar effects.
d. Video displays or audio speakers on, or electronically connected to, the sign
shall not be permitted.
^ 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: ~' c~~~~~
BEACH
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•zo.~.~s.+nc..dw~mr~dti..,or.. Modry~catlono/Conditions
Spce Pro~w or POM~i OrerYya
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February 13, 2013 Public
Hearing
(Revised to reflect Planning
Commission Action on
2/13/2013)
APPLICANT:
ROVING AUTO
PROPERTY OWNER:
KRIST
ENTERPRISES
STAFF PLANNER: Stephen J. White
REQUEST:
Modification of a Conditional Use Permit for motor vehicle sales (approved by the City Council on
January 13, 2009).
ADDRESS / DESCRIPTION: 300 S. Rosemont Road
GPIN: ELECTION SITE SIZE: AICUZ:
14876077750000 DISTRICT: 30,754 square feet The northwestern portion of the site is
BEACH located within the Less than 65 d6 DNL
AICUZ. The southeastern portion of the
site is located within Sub-Area 3 of the 65
to 70 dB DNL AICUZ
APPLICATION HISTORY:
The application was deferred at the request of staff during the December 12, 2012 hearing to
provide additional time for staff and the applicant to discuss the zoning violations. After the
deferral, staff met with the applicant to discuss the various issues pertaining to the current
request and the failure of the applicant to meet the conditions of the prior approvals. During that
discussion, the applicant agreed to work on the violations, and agreed to immediately adjust the
programming of the electronic LED display sign to bring it into compliance with the conditions of
the Use Permit, and in particular to program the sign such that the images changed no more than
every 15 seconds (the applicant has made this change in the timing). On January 9, 2013, the
applicant agreed to a deferral at the request of the Planning Commission for the purpose of
additional discussion, including the members of the Planning Commission from the Rose Hall
and Beach Districts. A meeting was held at the site on January 17, 2013, which included the
applicant, staff, and the two Planning Commissioners. During the meeting, agreements were
reached with the applicant pertaining to the areas where motor vehicles for sale could be
located, landscaping, methods for closing access points as required by the prior Use Perrnit, and -
ROVING AUTO
Agenda Item 20
Pa~e 1
parking for employees.
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests modification of Condition 2 and deletion of Condition 6 that were attached to a
Use Permit for motor vehicle sales requested by the applicant in 2009. The requested modification of
Condition 2 consists of the deletion of the restriction of the number of vehicles sold on the site, which the
condition currently set at five. Condition 6 of the Use Permit prohibits use of "pennants, streamers,
balloons, portable signs or banners displayed on the site or the vehicles." The applicant requests deletion
of this condition.
The site has been used for an automobile service station since the approval of a Conditional Use Permit
by the City Council for that use on May 25, 1999. There were five conditions of approval:
1. The project shall be developed as depicted on the submitted site plans and renderings presented
to the City Council and on file in the Planning Department.
2. No outside storage vehicles or outside repair work shall be permitted. All vehicles scheduled for
repair must be stored inside the service bays when the repair facility is closed. No auto body work
is permitted.
3. The Zoning Administrator has indicated that there are two non-conforming free-standing signs
located on the site. The signs shall be removed and replaced with a single monument style sign
with landscaping.
4. Additional plant material, to include low level shrubs and annuals, shall be added to the existing
grassed areas along the road frontage. Year around shrubs shall be included.
5. There shall be no truck rental allowed.
When the current business owner (the applicant) occupied the site, he requested modification of one of
the five conditions of the 1999 approval. Condition 3 of the 1999 Use Permit required the removal of two
nonconforming free-standing signs that were located on the site as well as allowing a single monument-
style sign in lieu of the two removed signs. In 2008, the applicant requested that Condition 3 be modified
for the purpose of allowing an electronic LED display for the face of the monument-style sign instead of
the backlit, static message, plastic sign face typically associated with such signs. On January 13, 2009,
the City Council granted the applicanYs request. Condition 1 noted that all of the conditions of the 1999
Use Permit remained valid, except Condition 3, which was modified to allow an electronic display sign as
depicted on the submitted exhibits. The last condition of the Use Permit provided the standards of
operation for the electronic display:
The monument sign proposed to be installed at the southwest corner of the site shall be
substantially consistent with the submitted enhanced photo elevations of a light-emitting diode
(LED) sign. The sign shall not have video playback capabilities nor have any audio capabilities.
Said sign shall replace the existing sign at the same location, and shall be no higher than eight
(8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the
Current Planning Division of the Department of Planning for approval.
ROVING AUTO
Agenda Iter~ 20
Page 2
b. The LED sign shall not advertise any other businesses other than the one on which property the
sign is located.
c. The sign shall include a light-sensitive photocell feature that will reduce and increase the
intensity of the LED output commensurate with the external ambient light level (LED output
reduction for night and cloudy conditions and LED output increase for daytime sunny
conditions).
Three months after City Council's approval of the modification of the original Conditional Use Permit, the
applicant submitted an application requesting a Conditional Use Permit for motor vehicle sales. The
application submitted by the applicant explained that his request to add motor vehicle sales as an
additional use was driven by the need to sell any vehicle that the applicant acquired from a customer who
was unable to pay for the repair services performed on his or her vehicle. The applicant's request to add
motor vehicle sales was granted by the City Council on July 14, 2009; however, the Planning Commission
voted to recommend approval of the request to the City Council only after the applicant agreed to
conditions of the Use Permit that addressed staff concerns with traffic access to and from the site
(Condition 4, below) and Planning Commission concerns with the operation of electronic display sign
(Condition 10, below). The Planning Commission's concerns pertaining to the sign were specific to the
manner by which the sign changed images (moved, flashed, or speed of inessage turnover) and the
messages shown on the sign, as some advertised or promoted establishments, businesses, or services
not located or provided at the site (a billboard by definition of the Zoning Ordinance). The final conditions
of the Use Permit for motor vehicle sales, as approved by the City Council, are as follows:
1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1999,
and the Modification of Conditions granted by City Council on January 13, 2009, shall remain in
effect.
2. Vehicles for sale shall be limited to five (5) vehicles in defined parking spaces to be determined
and located within an area designated for display within the paved parking lot. No vehicles shall
be parked within any portion of the public right-of-way. No vehicles shall be displayed on raised
platforms, earthen berms or any other structure designed to display a vehicle higher than the
elevation of the main parking area.
3. The landscaping shall be supplemented along Rosemont Road, South Plaza Trail and Victoria
Drive. The applicant shall request an inspection of the landscaping for approval by Planning
Department staff (Current Planning / Zoning) before a business license is issued to operate
automobile sales on the site.
4. The vehicular entrance on Victoria Drive, the westernmost access point on South Plaza Trail, the
southernmost access point on Rosemont Road, shall be closed. The applicant shall install curb
and gutter, landscaping and sidewalk to match existing.
5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site
or the vehicles.
6. All containers shall be removed from the site. The applicant shall request an inspection of the
landscaping for approval by the Planning Department staff (Current Planning / Zoning) before a
business license is issued to operate automobile sales on the site.
7. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state
of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such
vehicles shall be stored within the building.
RO'ViNG A~TO
~lgenda Iter~t 20
~ Page 3
8. There shall be no storage of tires, merchandise or debris of any kind outside of the building.
9. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and
glare shall be deflected, shaded and focused away from adjoining property.
10. The additional conditions of the May 25, 1999, Use Permit, as modified by City Council on
January 13, 2009, are deleted and replaced with the following:
a. The monument sign proposed to be installed at the southwest corner of the site shall be
substantially consistent with the submitted enhanced photo elevations of a light-emitting
diode (LED) sign. The sign shall not have video playback capabilities nor have any audio
capabilities. Said sign shall replace the existing sign at the same location and shall be no
higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be
submitted to the Current Planning Division of the Department of Planning for approval.
b. No such sign shall advertise or direct the attention of the general public to an establishment,
business or service that is located on a separate site from the zoning lot on which the sign is
located.
c. The sign shall include a light-sensitive photocell feature that will reduce and increase the
intensity of the LED output commensurate with the external ambient light level (LED output
reduction for night and cloudy conditions and LED output increase for daytime sunny
conditions).
d. No portion of the material displayed by any such sign, including backgrounds, colors,
pictures, lettering, pictures or other graphics, shall be changed more frequently than once
every eight (8) seconds. This shall not, however, prohibit a single element on any static
image from movement (as in a butterfly or bouncing ball moving across the screen during a
static image message).
e. Video displays or audio speakers on, or electronically connected to, such signs shall not be
permitted.
After the January 13, 2009 approval of the Use Permit, a series of violations of the Use Permit have
occurred, and Zoning Inspectors have worked with the applicant to correct the violations or, as necessary,
cited the applicant as being in violation of the conditions of the Use Permits. The majority of the issues
pertained to failure to meet specific conditions of the Use Permit, primarily consisting of the condition for
blocking access points to and from Rosemont Road, South Plaza Trail, and Victoria Drive. On January
20, 2010, the principal Zoning Inspector working with the applicant found upon inspection that the site
was in compliance with the conditions of the Use Permit. In May 2012, the applicant was found to be in
violation of the July 2009 Use Permit in regard to signage and the number of vehicles on the site.
Condition 2 of the Use Permit limits the applicant to five vehicles for sale, and those vehicles are required
to be parked for display in an area designated for such purpose adjacent to the intersection of Victoria
Drive and Rosemont Road. Condition 5 prohibits pennants, streamers, balloons, portable signs, or
banners displayed on the site or the vehicles. On May 29, 2012, the Zoning Office sent the applicant a
letter informing him of the following violations:
1. Having more than 5 vehicles for sale;
2. Having temporary signs; and
3. The LED message [on the electronic display sign] is changing faster than 8 seconds.
The letter concludes with a notice to eliminate the violations within 30 days of the receipt of the letter or to
appeal the decision to the Board of Zoning Appeals.
RO~/iNG A~,J70
Agenda Iter~t 20
Pa~e 4
Subsequently, the applicant submitted this application to request modification of the conditions pertaining
to the prohibited signs and number of vehicles for sale.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: motor vehicle sales, service, and fuel sales.
SURROUNDING LAND North: . Victoria Drive
USE AND ZONING: . Single-Family Residential / R-7.5 Residential District
South: . South Plaza Trail
• Retail-Pharmacy / B-2 Community Business District
East: . Small retail strip / B-2 Community Business District
West: . South Rosemont Road
• Retail / B-2 Community Business District
NATURAL RESOURCE AND The majority of the site is impervious, as it is developed with a structure
CULTURAL FEATURES: and paved parking area. There are no known significant natural
resources or cultural features on this site.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, just
south of Strategic Growth Area (SGA) 5, Rosemont. As such, this segment of Rosemont Road can be
considered a gateway into the SGA, and this intersection, a gateway into the Plaza Neighborhood; therefore,
some consideration should be given to the recommendations of the Rosemont SGA Master Plan.
The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook
Document, includes design recommendations for the Suburban Areas. These design principles are tailored for
this area and should be implemented, as appropriate, to improve the quality of our physical environment. In
particular, commercial buildings should be generally oriented toward the front of the lot within a well
landscaped green area while locating the parking and loading areas to the rear of the lot. Signs in all
nonresidential areas should be clearly legible to both motorists and pedestrians. Oversized or overly elaborate
signs competing for attention or which create visual clutter are discouraged. To minimize traffic conflicts,
entrances and exists to a development should be consolidated to the greatest extent possible and located a
sufficient distance away from street intersections (B-7 thru 13).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI:
S. Rosemont Road is a four-lane minor urban arterial roadway designated in the MTP Major Street Network
Ultimate Rights-of-Way to be improved to a six-lane divided arterial with a 165-foot wide right-of-way. There
are no CIP projects for Rosemont Road. S. Plaza Trail is a two-lane minor suburban arterial roac#way. The
ROVING A1,Jt0
Agenda Item 20
Pa~e 5
MTP Major Street Network Ultimate Rights-of-Way designates it with an ultimate four-lane typical section.
Victoria Drive is a two-lane local street that is not identified in the MTP.
TRAFFIC: Street Name Present present Capacity Generated Traffic
Volume
S. Rosemont Road 32,800 ADT 22,800 ADT (Level of Existing Land Use - 1,369
(2012) Service "D") - 27,400 ADT
ADT ~(Level of Service (102 morning peak hour trips /
°E~~~ 118 evening park hour trips)
3
S. Plaza Trail 8,800 ADT 13,600 ADT (Level of
"
" Proposed Land Use
-
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(2011) Service
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~108 morning peak hour trips /
(Level of Service
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Average Daily Trips
Z as defined by 2,000 SF auto repair center with eight fuel pumps and restricted inventory auto sales.
' as defined by 2,000 SF auto repair center with eight fuel pumps and unrestricted inventory auto sales.
Traffic Enqineerinq Comments: Rosemont Road is over capacity and experiences congestion on a daily
basis. In the City's 2011 ranking of intersections by volume-to-capacity ratio (a measurement of congestion),
the Rosemont Road and South Plaza Trail intersection was 32"d out of 363 signalized intersections. Vehicles
stopped in traffic routinely block both of the site's entrances, especially during the evening peak period. Any
additional site traffic due to an increased intensity of use, such as adding regular auto sales, would exacerbate
these congestion issues.
Currently the site is permitted a maximum of five vehicles on-site as its inventory of vehicles for sale.
Removing this limitation would allow the inventory to take up more of the site's space, which would limit the
space available for customer parking and on-site maneuvering. Reduced parking and waiting space, as well as
restricted on-site maneuvering could obstruct vehicles attempting to enter the site, resulting in stacking of
vehicles onto either South Plaza Trail or Rosemont Road.
WATER AND SEWER: The site is connected to City water and sewer services. There will be no impact as a
result of this request.
EVALUATION AND RECOMMENDATION
The submitted application to remove the limitation on the number of vehicles permitted on the lot and to
delete the prohibition of the display of pennants, streamers, balloons, portable signs or banners on the
site is not consistent with the Comprehensive Plan's policies regarding preserving neighborhood quality
and is in direct conflict with the Special Area Development Guidelines recommendation regarding
commercial parking areas and signs located in suburban areas. The fact that this site is located just south
of the Rosemont SGA, and thus, is within the gateway of that SGA reinforces the importance of the
appearance of this area.
The applicanYs request to delete Condition 5 of the Use Permit, which prohibits the display of pennants,
streamers, balloons, portable signs, or banners on the site or the vehicles, cannot be supported. The
condition is, as are some conditions recommended by staff for various types of Use Permits, a reiteration
of an existing Zoning Ordinance regulation. The condition is part of the Use Permit for the purpose of
making it clear to the applicant that the specified action is not legal. Thus, even if the commission-was to
ROVtNG AUTO
Agenda Iter~ 20
Page 6
delete Condition 5, the applicant would still be prohibited from display of pennants, streamers, balloons,
portable signs, or banners on the site or the vehicles since such are a violation of Section 212 of the City
Zoning Ordinance. The applicant may, and staff has informed the applicant of this, use `temporary signs
of a commercial nature,' to announce special events or promotions, subject to the regulations of Section
211(b)(2) of the Zoning Ordinance. Such signs may be used "no more than thirty (30) days prior to the
event or function and must be removed within seven (7) days after the event or function." There are
additional regulations in 211(b)(2) regarding lighting, sign size, and placement on the site or building that
the applicant must adhere to.
Upon the submission of the applicanYs original application for Modification of a Use Permit, staff's
greatest concern was the request to delete the restriction on the number of vehicles that can be sold from
the site. The sale of an unlimited number of motor vehicles on the site in conjunction with its permitted
use of motor vehicle service and fuel sales results in an intensity of land use and activity on a parcel that
is insufficient in size to accommodate the traditional uses plus an unlimited number of cars for sale.
Moreover, in this instance, the site was developed in the mid-1960s and is located in an established
residential neighborhood, making it difficult to buffer the neighborhood from the intensity of activity on the
site. Thus, at the January public hearing, staff could not support the deletion of Condition 2 pertaining to
the elimination of the restriction on number of cars sold, and recommended denial of that request. At the
January 2013 public hearing, the applicant agreed to a deferral at the request of the Planning
Commission for the purpose of additional discussion with staff and the members of the Planning
Commission from the Rose Hall and Beach Districts. A meeting was held at the subject site on January
17, 2013, which included the applicant, staff, and the two Planning Commissioners. During the meeting,
understandings were reached with the applicant pertaining to areas where motor vehicles for sale could
be located, landscaping, methods for closing access points as required by the prior Use Permit, and
parking for employees. Based on those discussions, staff finds that there is a way by which the applicant
can meet his goals while also meeting the regulations of the Zoning Ordinance and the applicable
regulations of the Comprehensive Plan. Accordingly, staff supports the following action, which the
applicant is agreeable to.
Modification of the 2009 Use Permit is recommended for approval subject to a comprehensive set of
conditions that are appropriate to the current use, addresses the outstanding zoning violations, and meets
the desire of the applicant to increase the number of vehicles displayed and sold on the property.
CONDITIONS
The conditions of the Use Permit, as last modified by the City Council on January 13, 2009, are deleted
and replaced with the following:
1. Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be limited to
the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed Site Modifications
for Roving Auto," February 1, 2013. The vehicles shall be single-parked, one vehicle in each
space designated on the plan. Furthermore, the spaces shown on the plan shall be
designated on the surface of the lot by standard pavement striping. Parking for customers,
employees, and vehicles for repair shall be in the areas designated as such on the plan.
2. No vehicles shall be parked within any portion of the public right-of-way, and no vehicles shall
be displayed on raised platforms, earthen berms, or any other structure designed to display a
vehicle higher than the elevation of the main parking area.
3. Vehicles driven by employees of the applicanYs business shall not be parked on Victoria
Drive or Waverly Drive.
R~i/1NG AUTO
Agenda Item 20
Page 7
4. Vehicles either waiting to be repaired or having been repaired shall not be parked on Victoria
Drive or Waverly Drive.
5. The existing site landscaping shall be supplemented at the intersection of Rosemont Road
and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive, along South
Plaza Trail, and along the property lines in the northeast corner of the site (further identified
on the plan referenced in Condition 1). The applicant shall meet with the staff landscape
architect of the Department of Planning / Environment and Sustainability Office for the
purpose of developing a planting plan for those areas. Said landscaping shall be installed by
the applicant within six (6) months of the date of City Council's approval of this Use Permit.
6. As indicated on the plan referenced in Condition 1, the use of the vehicular access point on
Victoria Drive, the westernmost vehicular access point on South Plaza Trail, and the
southernmost vehicular access point on Rosemont Road shall be prohibited. A barrier shall
be installed along the width of said access drives using a system of landscape planters to be
approved by the Zoning Administrator after consultation with the staff landscape architect of
the Department of Planning / Environment and Sustainability Office. Said barrier planter
system shall be installed by the applicant within six (6) months of the date of City Council's
approval of this Use Permit.
7. All landscaping installed on the site for the purpose of complying with these conditions shall
be maintained in healthy condition. If any plant dies, it shall be replaced with the same
species and size of the plant that died.
8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no pennants,
streamers, balloons, portable signs or banners displayed on the site or the vehicles.
9. Temporary signs of a commercial nature announcing grand openings or other special events
or promotions shall be permitted subject to the following as required by Section 211(b)(1) and
(2) of the Zoning Ordinance:
a. Such signs shall be displayed no more than three (3) times per year by any business
or establishment, nor for any period in excess of seven (7) days.
b. Such signs shall be located entirely upon the property and set back no less than
seven (7) feet from the property line;
c. Such signs shall have a maximum sign area of 32 square feet;
d. Such signs may be illuminated in accordance with the restrictions set forth in Section
213 of the Zoning Ordinance;
e. If building-mounted, such signs shall be flat wall signs and shall not project above the
roofline; and
f. If freestanding, the height of any such sign shall be no more than 12 feet above
ground level.
10. The Recreational Vehicle (RV) located behind the building shall be removed from the site
within 90 days of the date of City Council's approval of this Use Permit.
11. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a
state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then
such vehicles shall be stored within the building.
12. There shall be no storage of tires, merchandise or debris of any kind outside of the building.
R01/ING AUTO
Agenda Itern 20
Page 8
13. There shall be no truck rentals.
14. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting
and glare shall be deflected, shaded and focused away from adjoining property.
15. The monument sign at the southwest corner of the site shall be substantially consistent with
the enhanced photo elevations of a light-emitting diode (LED) sign on record with the
Department of Planning as part of the January 29, 2009 Use Permit. The following apply to
said sign:
a. The sign shall not advertise or direct the attention of the general public to an
establishment, business, or service that is located on a separate site from the subject
zoning lot.
b. The sign shall include a light-sensitive photocell feature that will reduce and increase
the intensity of the LED output commensurate with the external ambient light level
(LED output reduction for night and cloudy conditions and LED output increase for
daytime sunny conditions).
c. No portion of the material displayed by the sign, including backgrounds, colors,
pictures, lettering, or other graphics, shall be changed more frequently than once
every 15 seconds. This shall not, however, prohibit a single element on the message
displayed during those 15 or fewer seconds from limited movement (as in a butterfly
or bouncing ball moving across the screen during a static image message).
Furthermore, this condition shall not prohibit the transition between each 15 or fewer
second message to utilize fade, slide, swirl, or similar effects.
d. Video displays or audio speakers on, or electronically connected to, the sign shall not
be permitted.
NOTE: Further conditions may be required during the adminisfration 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 applicab/e
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 Cerfi~cate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged fo contact and work with the Crime Prevention O~ce within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as fhey perfain to this site.
I~Qi/ING A~TO
Agenda Itern 20
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APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the f~llowing:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
i.aa..1...c~ ~ -r,4l;~ iL ~ 2e.s oc-r~ -c . ~P_.,~~.~ G ~.uz~
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
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~ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
CompJete this section only if property owner is differenf 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. betow: (Attach list if necessary)
I~~~ x~ t~ ~~t-'c E~ lc /'~~ z H ¢ r~~ t~• L.
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
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~ Check here if the prope~ty owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or e loyee 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?
Modification ot Conditions Applicatlon
DISCLOSURE STATEMENT
ROVING AUTd
Agenda Ite-~'a 20
Page 15
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 a~chitectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
Z"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an aKliated
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 empioyees 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 Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the informatlon 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.
~~-~J(--~~_x_~-- (-~~-~z~ R. --t.~,--~: ~.~ ,-
ApplicanYs Signature Print Name
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Property ner's Signature (if different than applicant) Pr t Name
Modification oi Conditions ApplicaUon
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DISCLOSURE STATEMENT
ROVING Al~TO
Agenda Iter~ 20
Page 16
Item #20
Roving Auto
Modification of a Conditional Use Permit
300 S. Rosemont Road
District 6
Beach
February 13, 2013
REGULAR
An application of Roving Auto for a Modification of a Conditional Use Permit for motor
vehicle sales (approved by City Council on January 13, 2009 on property located at 300
S. Rosemont Road, District 6, Beach. GPIN: 14876077750000.
CONDITIONS
The conditions of the Use Permit, as last modified by the City Council on January 13,
2009, are deleted and replaced with the following:
Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be
limited to the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed
Site Modifications for Roving Auto," February 1, 2013. The vehicles shall be single-
parked, one vehicle in each space designated on the plan. Furthermore, the spaces
shown on the plan shall be designated on the surface of the lot by standard
pavement striping. Parking for customers, employees, and vehicles for repair shall
be in the areas designated as such on the plan.
2. No vehicles shall be parked within any portion of the public right-of-way, and no
vehicles shall be displayed on raised platforms, earthen berms, or any other
structure designed to display a vehicle higher than the elevation of the main parking
area.
3. Vehicles driven by employees of the applicant's business shall not be parked on
Victoria Drive or Waverly Drive.
4. Vehicles either waiting to be repaired or having been repaired shall not be parked
on Victoria Drive or Waverly Drive.
5. The existing site landscaping shall be supplemented at the intersection of Rosemont
Road and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive,
along South Plaza Trail, and along the property lines in the northeast corner of the
site (further identified on the plan referenced in Condition 1). The applicant shall
meet with the staff landscape architect of the Department of Planning / Environment
and Sustainability Office for the purpose of developing a planting plan for those
areas. Said landscaping shall be installed by the applicant within six (6) months of
the date of City Council's approval of this Use Permit.
6. As indicated on the plan referenced in Condition 1, the use of the vehicular access
point on Victoria Drive, the westernmost vehicular access point on South Plaza Trail,
and the southernmost vehicular access point on Rosemont Road shall be prohibited.
Item #20
Roving Auto
Page 2
A barrier shall be installed along the width of said access drives using a system of
landscape planters to be approved by the Zoning Administrator after consultation
with the staff landscape architect of the Department of Planning / Environment and
Sustainability Office. Said barrier planter system shall be installed by the applicant
within six (6) months of the date of City Council's approval of this Use Permit.
7. All landscaping installed on the site for the purpose of complying with these
conditions shall be maintained in healthy condition. If any plant dies, it shall be
replaced with the same species and size of the plant that died.
8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no
pennants, streamers, balloons, portable signs or banners displayed on the site or the
vehicles.
9. Temporary signs of a commercial nature announcing grand openings or other
special events or promotions shall be permitted subject to the following as required
by Section 211(b)(1) and (2) of the Zoning Ordinance:
a. Such signs shall be displayed no more than three (3) times per year by any
business or establishment, nor for any period in excess of seven (7) days.
b. Such signs shall be located entirely upon the property and set back no less than
seven (7) feet from the property line;
c. Such signs shall have a maximum sign area of 32 square feet;
d. Such signs may be illuminated in accordance with the restrictions set forth in
Section 213 of the Zoning Ordinance;
e. If building-mounted, such signs shall be flat wall signs and shall not project
above the roofline; and
f. If freestanding, the height of any such sign shall be no more than 12 feet above
ground level.
10. The Recreational Vehicle (RV) located behind the building shall be removed from
the site within 90 days of the date of City Council's approval of this Use Permit.
11. All vehicle repairs shall be conducted inside the building. No outside storage of
vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition
require storage, then such vehicles shall be stored within the building.
12. There shall be no storage of tires, merchandise or debris of any kind outside of the
building.
13. There shall be no truck rentals.
14. All outdoor lighting shall be shielded to direct light and glare onto the premises.
Said lighting and glare shall be deflected, shaded and focused away from adjoining
property.
Item #20
Roving Auto
Page 3
15. The monument sign at the southwest corner of the site shall be substantially
consistent with the enhanced photo elevations of a light-emitting diode (LED) sign on
record with the Department of Planning as part of the January 29, 2009 Use Permit.
The following apply to said sign:
a. The sign shall not advertise or direct the attention of the general public to an
establishment, business, or service that is located on a separate site from the
subject zoning lot.
b. The sign shall include a light-sensitive photocell feature that will reduce and
increase the intensity of the LED output commensurate with the external
ambient light level (LED output reduction for night and cloudy conditions and
LED output increase for daytime sunny conditions).
c. No portion of the material displayed by the sign, including backgrounds, colors,
pictures, lettering, or other graphics, shall be changed more frequently than
once every 15 seconds. This shall not, however, prohibit a single element on
the message displayed during those 15 or fewer seconds from limited
movement (as in a butterfly or bouncing ball moving across the screen during a
static image message). Furthermore, this condition shall not prohibit the
transition between each 15 or fewer second message to utilize fade, slide,
swirl, or similar effects.
d. Video displays or audio speakers on, or electronically connected to, the sign
shall not be permitted.
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 fechniques and Crime
Prevention Through Environmental Design (CPTED) concepts and strategies as
they pertain to this site.
AYE 6 NAY 3 ABS 0 ABSENT 2
BERNAS NAY
FELTON AYE
HENLEY AYE
Item #20
Roving Auto
Page 4
HODGSON AYE
HORSLEY AYE
LIVAS
REDMOND NAY
RIPLEY
RUCINSKI AYE
RUSSO NAY
THORNTON AYE
By a vote of 6-3, the Commission approved item 20.
ABSENT
ABSENT
Howard Tabor, the applicant appeared before the Commission.
R. Elms appeared in opposition.
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CITY OF VIRGINIA BEACH
AGENDAITEM .
ITEM: C. CHRIS MITCHUM (Applicant) / WILLIAM HOLDA - HOLDA
ENTERPRISES, LP (Owner), Conditional Use Permit for an automobile repair
garage, 5898 Thurston Avenue (GPIN 1459932574). BAYSIDE DISTRICT.
MEETING DATE: April 9, 2013
^ Background:
The applicant requests a Conditional Use Permit to allow the use of the site as
an automobile repair garage. The one acre, industrially zoned site is located in
the Airport Industrial Park. By definition, an `automobile repair garage' consists of
`heavier' repair work than that commonly associated with an `automobile service
station,' such as transmission, engine, and body work.
^ Considerations:
Typical hours of operation are proposed as 9:00 a.m. to 5:00 p.m., Monday
through Friday, and there are 15 employees. According to the application, the
facility will be used to service automobiles and light trucks as well as off-road
vehicles. Operations are proposed to include services such as welding, body
work, electrical wiring, and after-market installations.
The applicant indicates that typically, up to 10 vehicles for repair are on the site,
at any one time; those vehicles will be stored within the building during evening
hours for security purposes. Since there are 25 parking spaces on the west side
of the building, there is ample parking for both employees as well as customers.
The proposal is consistent with the Northampton Boulevard Corridor SGA
Implementation Plan which recommends a continuation of the existing industrial
park, where this property is located, with an increase toward more intense
business development over time.
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 Councif with the following conditions:
1. All motor vehicle repairs shall take place inside the building.
C. Chris Mitchum
Page2of2
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be
permitted. If vehicles in this condition require storage, then such vehicles
shall be stored within the building.
4. No tires for sale, merchandise, or parts shall be displayed or stored outside.
5. All parking spaces required by the City Zoning Ordinance must be marked by
painted striping on the side, including handicap spaces in accordance with the
Americans with Disabilities Act (ADA).
6. Streetscape landscaping, in accordance with the City of Virginia Beach
Landscaping Guide, shall be installed along Thurston Avenue.
^ 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: ~,,~~
BAYSIDE
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CUP • Auto Repalr Garage
2
March 13, 2013
APPLICANT:
C. CHRIS
MITCHUM
PROPERTY OWNER:
WILLIAM HOLDA -
HOLDA
ENTERPRISES, LP
STAFF PLANNER:
Carolyn A.K. Smith
REQUEST:
Conditional Use Permit (Auto Repair Garage)
ADDRESS / DESCRIPTION: 5898 Thurston Avenue
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14599325740000 BAYSIDE 1 acre Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow the use of the site as an automobile repair
garage. The one acre, industrially zoned site is located in the Airport Industrial Park. Typical hours of
operation are proposed as 9:00 a.m. to 5:00 p.m., Monday through Friday, and there are 15 employees.
According to the application, the facility will be used to service automobiles and light trucks as well as off-
road vehicles. Operations are proposed to include services such as welding, body work, electrical wiring,
and after-market installations.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Light Industrial
SURROUNDING LAND North: • Warehouse / I-1 Light Industrial District
,.,:
C. CF~i~IS MITC ~IJM
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~Agenda It~n 2
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USE AND ZONING: South: • Thurston Avenue
• Warehouse / I-1 Light Industrial District
East: • Electrical contractor office & warehouse / I-1 Light Industrial
District
West: . Office warehouse / I-1 Light Industrial District
NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. Since the site
CULTURAL FEATURES: is developed and almost entirely impervious, there do not appear to be
any significant natural or cultural features on the property.
COMPREHENSIVE PLAN: The Comprehensive Plan designates the area within which the site is located as
the Burton Station Strategic Growth Area. The area is predominantly industrial, but also has significant
tracts devoted to residential and commercial uses. The Northampton Boulevard Corridor SGA Implementation
Plan provides recommendations regarding how the area should evolve in order to accomplish an arrangement
of land uses intended to achieve an attractive, coherent, and marketable destination and increasing
connectivity and access to the Airport Industrial Park.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTPI / CAPITAL IMPROVEMENT PROGRAM (CIP): Thurston
Avenue is a two-lane, undivided local street. It is not included in the MTP and there are no roadway CIP
projects slated for this street.
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
Thurston Avenue No Data Available No Data Available Existing Land Use - 75
ADT
Proposed Land Use 3- 55
ADT
Average Daily Trips
Z as defined by a typical light industrial use
3as defined b motor vehicle re air
WATER & SEWER: This site is already connected to City water and sewer.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request with the conditions below.
The applicant indicates that typically, up to 10 vehicles will be on the site, at any one time, awaiting
repairs; those vehicles will be stored inside during evening hours for security purposes. Since there are
25 parking spaces on the west side of the building, there is ample parking for both employees as well.as
customers. The proposal is consistent with the Northampton Boulevard Corridor SGA Implem~~fxa#ian. ,
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C. CWRIS M~TC~~t1M
Agenda I~~n 2
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Plan which recommends a continuation of the existing industrial park, where this property is located, with
an increase toward more intense business development over time.
CONDITIONS
1. All motor vehicle repairs shall take place inside the building.
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this
condition require storage, then such vehicles shall be stored within the building.
4. No tires for sale, merchandise, or parts shall be displayed or stored outside.
5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the
side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA).
6. Streetscape landscaping, in accordance with the City of Virginia Beach Landscaping Guide, shall be
installed along Thurston Avenue.
NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and
Standards. Any site p/an submitted with this application may require revision during detailed site plan
review to meef all applicab/e City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of P/anning / Deve/opment Services Center and
Department of Planning / Permits and /nspecfions 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.
- ~° ~~:~~, ~ ~
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# DATE REQUEST ACTION
1 02/26/13
01/10/12 MOD
CUP '-. ~~- _._____, Granted
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2 09/08/98 CUP
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 offlcers, members, trustees,
partners, etc. below: (Attach list if necessary)
C. Chris Mitchum
2. List all businesses that have a parent-subsidiary' or affiiiated business entity2
relationship with the applicant: (Attach list if necessary)
Mitchum Motorsports Automotive
~ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if properfy 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: (Aftach list if necessary)
William Holda
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Holda Enterprises Inc. 0
~ 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 epluJoyee of jkl~, 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?
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DISCLOSURE STATEMENT
C. CHF~IS MITC~UM
' 'Agenda It~m 2
Page 7
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DlSCLOSURE 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)
CBRE Commercial Real Estate O
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
z"Affiliated business entity relaUonship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business enfity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control befinreen the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity ~elationship 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 othervvise a close working refationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
22-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
~ understand that, upon receipt of notfication (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
Ieast 30 days prior to the scheduled public heari~g ac:cording to the instructions in this package. The
undersigned atso conse ts to entry upon the subject property by employees of the Department of
Planning to otogra ~ and view the site for purposes of processing and evaluating this application.
~ ~~
~ ` ~/ ---.~_ C. Chris Mitdtum
Applica 's Signatu Print Name
` William Holda
perty Owner' ignature (if differen an applicant) Print Name
DISCLOSURE STATEMENT
F
C. CHE~IS MITC~UM
~Agenda It ,e~m 2
Pa~e 8
Item #2
C. Chris Mitchum
Conditional Use Permit
5898 Thurston Avenue
District 4
Bayside
March 13, 2013
CONSENT
An application of C. Chris Mitchum for a Conditional Use Permit for an automobile repair
garage on property located at 5898 Thurston Avenue, District 4, Bayside. GPIN:
14599325740000.
CONDITIONS
1. All motor vehicle repairs shall take place inside the building.
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If
vehicles in this condition require storage, then such vehicles shall be stored within the
building.
4. No tires for sale, merchandise, or parts shall be displayed or stored outside.
5. All parking spaces required by the City Zoning Ordinance must be marked by painted
striping on the side, including handicap spaces in accordance with the Americans with
Disabilities Act (ADA).
6. Streetscape landscaping, in accordance with the City of Virginia Beach Landscaping
Guide, shall be installed along Thurston Avenue.
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
FELTON AYE
Item #2
C. Chris Mitchum
Page 2
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 2 by consent.
The applicant C. Chris Mitchum appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: NICHOLSON PROPERTIES, LLC (Applicant) / CITY OF VIRGINIA BEACH
(Owner), Chanae of Zoninq, A-12 Apartment to Conditional I-1 Light Industrial,
405 Fountain Drive (GPIN 2407462671; 2407462753; 2407463607). BEACH
DISTRICT.
MEETING DATE: April 9, 2013
^ Background:
The applicant requests a Change of Zoning from A-12 Apartment to Conditional
I-1 Light Industrial for the purpose of constructing an office-warehouse building.
The site is located within the Greater than 75 dB DNL AICUZ and Accident
Potential Zones 1 and 2(APZ 1 and APZ 2) surrounding NAS Oceana. Due to
the AICUZ and APZs on the site, the only uses permitted on the site are those
that are compatible to the APZ-1 and APZ-2 and the Greater than 75 dB DNL, as
shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance.
The development proposal proffered by the applicant with the rezoning is the
result of the City's APZ-1 Acquisition Program, which has as its goal the
replacement of uses that are incompatible in APZ-1 with uses that are
compatible. In this instance, an incompatible residential use will be replaced with
a compatible light industrial use. The City of Virginia Beach has worked and
continues to work closely with the State of Virginia and the United States Navy to
ensure that properties surrounding NAS Oceana are properly zoned to
accommodate compatible uses. Rezoning the site from an Apartment zoning
district to a Light Industrial category is consistent with the City's Air Installations
Compatible Use Zone (AICUZ) program. The applicant's request has also been
reviewed by the Oceana Land Use Conformity Committee (OLUCC), which found
the proposed development to be compatible with airfield operations at NAS
Oceana.
^ Considerations:
The site size is 29,900 square feet. A 10,661-square foot office-warehouse
building will be situated 58 feet from the front property line, 5.1 feet from the
(southern) side property line, and 25 feet from the (northern) side and rear
property lines. A single 30-foot wide access to the site will be centered along the
front property line. There will be13 parking spaces, as well as street frontage,
interior coverage, and buffer landscaping, particularly along the northern property
line, which will consist of a 25-foot heavily planted buffer.
Nicholson Properties, LLC
Page 2 of 3
The applicant's intent is to use the building for storage of the lighter and smaller
items (washers, dryers, mattresses, etc.) that are associated with the applicant's
appliance sales business located at the intersection of Laskin Road and Virginia
Beach Boulevard. Initial delivery of the items will be at that location. The
applicant will then transfer items not stored in the main sales building to the
subject site via delivery vans. At some point in the future, the applicant intends to
cease use of the building for storage, as the applicant's business plan includes
constructing storage space closer to the main store. Accordingly, the proposed
building will be `flex-style,' allowing the owner the ability to divide the structure
into a maximum of four office-warehouse units in the future when the storage
uses is no longer necessary.
The proposed building will be a combination of stained block, galvanized building
panels, and exterior insulation finish system. Awnings are proposed over the
entrances to the offices and signage is proposed above the overhead doors. The
awnings and slight projection of the office sections of the proposed building
provide some architectural relief to the facade of the proposed building.
The applicant's request has also been reviewed by the Oceana Land Use
Conformity Committee (OLUCC), which found the proposed development to be
compatible with airfield operations at NAS Oceana.
There was opposition to the request.
^ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 8-3,
recommends approval of this request to the City Council with the following
proffers:
The following are proffers submitted by the applicant as part of a Conditional
Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City
Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset
identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at
the Circuit Court and serve as conditions restricting the use of the property as
proposed with this change of zoning.
PROFFER 1:
Only uses that are permitted in the I-1 Light Industrial District and compatible in the
APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of
Section 1804 of the City Zoning Ordinance, shall be allowed on the property. The
eastern portion of the subject property is located within the APZ-1 zone and the
western portion of the subject property is located within the APZ-2 zone.
PROFFER 2:
In order to provide for the coordinated development of the Property, the Property
Nicholson Properties, LLC
Page 3 of 3
shall be developed in substantial conformity with that certain plan entitled
"Rezoning Exhibit for Nicholson Properties, LLC - Fountain Drive Development"
dated 11/29/12, prepared by WPL Landscape Architects-Land Surveyors-
Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia
Beach, Department of Planning and which has been exhibited to the City Council,
with regard to layout, ingress and egress, and landscaping.
PROFFER 3:
The architectural design of the buildings will be substantially as depicted on the
elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect
and have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning ("Elevations"). The building shall be a steel
building with a brick and stucco front faCade.
PROFFER 4:
There will be no tractor trailer or semi-trailer truck traffic associated with the
proposed development.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review
and administration of applicable City Codes by all cognizant City Agencies and
departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptab/e as they dictate the
leve/ of quality of the project and ensure that the property will be used on/y for uses
that are compatible with APZ-1 and APZ-2 and the Greater than 75 d8 DNL.
The City Attorney's Office has reviewed the proffer agreement dated December 3,
2012 and found it to be legally sufficient and in acceptable legal form.
^ 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 Manage . ~~ ~~
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~" ~~~ March 13, 2013 Public Hearing
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QoP°~ ,~ ; ~ ~ ~° ' ~~ ~ APPLICANT:
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STAFF PLANNER: Faith Christie
REQUEST: Chanqe of Zonina (A-12 Apartment to Conditional I-1 Light Industrial)
ADDRESS / DESCRIPTION: 405 Fountain Drive
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24074626710000; BEACH .711 acre More than 75 dB DNL;
24074627530000; Accident Potential Zones 1
24074636070000. and 2(APZ 1 and APZ 2)
BACKGROUND / DETAILS OF PROPOSAL
The applicant proposes to rezone the existing site, zoned A-12 Apartment, to Conditional I-1 Light
Industrial for the purpose of constructing an office / warehouse building. The building will be a"flex" style
building, allowing the owner the ability to divide the structure into a maximum of four warehouse / office
uses. The site is located within the Greater than 75 d6 DNL AICUZ and Accident Potential Zones 1 and 2
(APZ 1 and APZ 2) surrounding NAS Oceana. Due to the AICUZ and APZs on the site, the only uses
permitted on the site are those that are permitted in the I-1 Light Industrial District and compatible in the
APZ-1 and APZ-2 and the Greater than 75 d6 DNL, as shown on Tables 1 and 2 of Section 1804 of the
City Zoning Ordinance.
The submitted conceptual site plan depicts a site of 29,900 square feet. The proposed building of 10,661
square feet is situated 58 feet from the front property line, 5.1 feet from the (southern) side property line,
and 25 feet from the (northern) side and rear property lines. A single 30-foot wide access to the site is
centered along the front property line. The plan depicts 13 parking spaces, as well as street frontage,
interior coverage, and buffer landscaping.
The proposed building will be a combination of stained block, galvanized building panels, and exterior
insulation finish system. Awnings are proposed over the entrances to the offices and signage is proposed
NICHOLSON'~#tOPf I~~~~S
Agenda Item 1
Page 1
above the overhead doors. The awnings and slight projection of the office sections of the proposed
building provide some architectural relief to the facade of the proposed building.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Undeveloped site
SURROUNDING LAND North: . Duplex dwelling / A-12 Apartment
USE AND ZONING: South: . Landscape business / B-2 Business
East: • Fountain Drive
• Across Fountain Drive are a Single-family dwelling and a
Duplex dwelling / B-2 Business and A-12 Apartment
West: . Vacant property / A-12 Apartment
NATURAL RESOURCE AND There are no known significant natural resources or cultural features
CULTURAL FEATURES: associated with the site.
COMPREHENSIVE PLAN: Urban Area - Hilltop Strategic Growth Area 7(SGA 7)
This property is located in the Urban Area - Hilltop Strategic Growth Area (SGA) as identified by the
Comprehensive Plan and the Hilltop Strategic Growth Area Master Plan, which was adopted as a
Comprehensive Plan amendment on August 28, 2012. Though this area is located within a high AICUZ, it is
recognized as an area for redevelopment and reinvestment because of its existing commercial strength and its
proximity to the Oceanfront Resort Area, NAS Oceana, and I-264 interchange. The Comprehensive Plan calls
for redevelopment of obsolete commercial structures with new buildings placed according to new urban
planning standards for the district.
More specifically, the Hilltop SGA Master Plan's Land Use Plan acknowledges that the Hilltop area is home to
a wealth of local businesses with a variety of retail, restaurant, office, health, and recreational uses and
proposes land uses that build on Hilltop's role as a unique, regional destination while reinforcing land uses
compatible with AICUZ restriction.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: Fountain Drive
is a two-lane local street with a forty-foot (40') right-of-way width. This roadway is not on the City's Master
Transportation Plan Map, and there are no Capital Improvement Project projects planned for this roadway.
PUBLIC WORKS/TRAFFIC ENGINEERING
The existing pavement width along Fountain Drive in front of this site appears to be approximately 18
feet. The developer will be required to improve the westem side of Fountain Drive along,#he #r~atage
~~ ~ ~
NICHOLSON PROPff~ ~ES
Agenda It~~n 1
Pa~e 2
of this site to match the improvements that were installed at the property north of this site.
TRAFFIC: Street Name Present
Volume present Capacity Generated Traffic
Fountain Drive No counts 9,900 ADT Existing Land Use - 52
available ADT
Proposed Land Use 3- 54
ADT 5 PM Peak Hour
Average Daily Trips
z as defined b~r 0.711 acres of multi-family per A-12 Apartment District
as defined b a 10,925 s uare foot warehouse buildin
WATER: This site must connect to City water. There is an 8-inch City water line in Fountain Drive.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #287 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity
sanitary sewer main on Fountain Drive.
DEVELOPMENT SERVICES CENTER:
• Stormwater quality will be addressed in accordance with the Virginia Stormwater Management
Handbook.
. Right-of-way improvements, such as pavement widening, curb and gutter, storm drainage, street
lighting, and landscaping may be required as part of the development of the site.
. If a dumpster is required, a concrete dumpster pad will be required in accordance with Section 11.11
of the Public Works Specifications and Standards Manual.
EVALUATION AND RECOMMENDATION
The proposed request, for a Change of Zoning from A-12 Apartment District to Conditional I-1 Light
Industrial District, for the purpose of developing the site as light industrial warehousing and office
facilities, is acceptable. The City of Virginia Beach has worked and continues to work closely with the
State of Virginia and the United States Navy to ensure that properties surrounding NAS Oceana are
properly zoned to accommodate compatible uses. Rezoning the site from an Apartment zoning district to
a Light Industrial category is consistent with the City's Air Installations Compatible Use Zone (AICUZ)
program. The applicanYs request has also been reviewed by the Oceana Land Use Conformity
Committee (OLUCC), which found the proposed development to be compatible with airfield operations at
NAS Oceana. Staff, therefore, recommends approval of the request subject to the proffers listed below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and s~rve
~
NICHOLSON'~ROPf F~~~~S
AgBnda It~m 1
Pa~e 3
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
Only uses that are permitted in the I-1 Light Industrial District and compatible in the APZ-1 and APZ-2 and
the Greater than 75 d6 DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance,
shall be allowed on the property. The eastern portion of the subject property is located within the APZ-1
zone and the western portion of the subject property is located within the APZ-2 zone.
PROFFER 2:
In order to provide for the coordinated development of the Property, the Property shall be developed in
substantial conformity with that certain plan entitled "Rezoning Exhibit for Nicholson Properties, LLC -
Fountain Drive DevelopmenY' dated 11/29/12, prepared by WPL Landscape Architects-Land Surveyors-
Engineers. (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of
Planning and which has been exhibited to the City Council, with regard to layout, ingress and egress, and
landscaping.
PROFFER 3:
The architectural design of the buildings will be substantially as depicted on the elevations designated as
"Fountain Drive" prepared by Wayne Anderson, Architect and have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The building shall be a
steel building with a brick and stucco front faCade.
PROFFER 4:
There will be no tractor trailer or semi-trailer truck traffic associated with the proposed development.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project and ensure that the property will be used only for uses that are compatible with APZ-1 and APZ-2
and the Greater than 75 d8 DNL.
The City Attorney's Office has reviewed the proffer agreement dated December 3, 2012 and found it to be
legally sufficient and in acceptable legal form.
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NICHOLSON PROPERTIES ;~~j '
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PROPOSED BUILDING ELEVATION
ZONING HISTORY
# DATE REQUEST ACTION
1 1/13/69 Rezoning (R D 2 Residence Duplex to R M Residence Approved
Multiple Family)
1/25/94 Aiterations to a Nonconformin Use Approved
2 8/13/84 Rezonin A-1 Apartment to B-2 Business Approved
3 5/11/05 Conditional Use Permit Bulk Stora e Withdrawn
4 10/8/96 Conditional Use Permit Motor Vehicle Sales Approved
5 6/1/12 APZ1 Conditional Use Permit (Automotive repair) Pending
4/1/10 APZ1 Conditional Use Permit (Automotive repair) Withdrawn
4/30/09 APZ1 Conditional Use Permit Automotive re air Deferred
6 11/13/12 Rezoning (A-12 Apartment to Conditional B-2 Approved
Business) and
Conditionai Use Permit (Motor Vehicle Sales and
Service
7 3/27/98 Alterations to a Nonconformin Use Denied
NICHOLSO
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DISCL.OSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the foilowing:
1. List the applicant name followed by the names of all officers, members, tnastees,
partners, etc. below: (Aftach list if necessary)
~IliLl'~D~`~A'~ ~~'~es. LL.G_
'~01~ L ~Vichol5an
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
/lIONF
^ 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 af all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
C;~y ,~ V,~,.~; q ~3.ea~
2. List all businesses that have a parent-subsidiary~ or a~liated business entityZ
relationship with the applicant: (Attach list if necessary)
NO //F
^ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
&` See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes ~ No ^
If yes, what is the name of the official or employee and the nature of their interest?
~iiy-Y o-F /irqri~iA ~a~ or,~/~s -f-1,~ IQnd
Condkional Rezoning Application
Page 11 of 12
Revised 11/16/2008
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DISCLOSURE STATEMENT
NICHOLSON ~?'#20P~R'~~~$
Agenda Item 1
Pa~e 9
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ADDITIONAL DISCLOSURES
Lis# 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)
~iYaiOe.e~in9 ~ WPL
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'"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 § 2.2-3'101.
z"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entitiss; there are common or commingied funds or assets; the
business entities share the use of the same o~ces 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 Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certity 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 cons nts to en upon the subject property by employees of the Department of
Pl~puj~ ~to,.pliq~ ~ . ~
9 09 h d vi the site for purposes of processing and evaluating this application.
.IQ ~1 SOY~~~
fzobe~'-~ L. t~lichol5oy~
Print Name
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Contlitionel Rezoninp Application
Page 12 of ~ 2
Revised 7/3/2pp7
DISCLOSURE STATEMENT
NICHOLSON ~?~20PE1~"~~ES
Agenda It~:m 1
Pag~; 1D
Item #1
Nicholson Properties, L.L.C.
Page 2
There will be no tractor trailer or semi-trailer truck traffic associated with the proposed
development.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City Codes by all cognizant City Agencies and departments
to meet all applicable City Code requirements.
AYE 8 NAY 3 ABS 0 ABSENT 0
BERNAS NAY
FELTON AYE
HENLEY NAY
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON NAY
By a vote of 8-3, the Commission approved item 1.
John Richardson appeared before the Commission on behalf of the applicant. Rob
Nicholson, the applicant, also appeared before the Commission.
Tiffany Fernandez, Lin Old, Douglas King, Ashley Cerino, Joanne Garris, and Richard
Garris appeared before the Commission in opposition.
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~ ~~~ ~~:~ ~~ `'~ ~. CITY OF VIRGINIA BEACH
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~F OUR NPt\0
In Reply Refer To Our File No. DF-8595
TO: Mark D. Stiles ~
, B. Ka Wi~son~
FROM~ y
DATE: March 29, 2013
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Nicholson Properties, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 9, 2013. I have reviewed the subject proffer agreement, dated
December 3, 2012 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
CITY OF VIRGINIA BEACH
a municipal corporation of the
Commonwealth of Virginia
And
NICHOLSON PROPERTIES, LLC
a Virginia limited liability company
To
CITY OF VIRGINIA BEACH
a Municipal Corporation of the
Commonwealth of Virginia
THIS PROFFER AGREEMENT, made this 3`d day of December, 2012, by and between
THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
and NICHOLSON PROPERTIES, LLC, a Virginia limited liability company, collectively parties
of the first part (the "Grantors"); and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405
Courthouse Dr., Municipal Center, Virginia Beach, VA 23456.
RECITALS:
A. The City of Virginia Beach is the owner of a certain parcel of real property
located in the City of Virginia Beach, Virginia, bearing a current street address of 405 Fountain
Drive„ Virginia Beach, VA and more particularly described upon Exhibit A attached hereto and
made a part hereof.
B. Nicholson Properties, LLC has contracted to purchase from the City of Virginia
Beach the property described hereinabove pursuant to that certain Purchase Agreement dated
September 14, 2012.
C. Grantors have initiated an amendment to the Zoning Map of the City of Virginia
Beach by petition of Grantors addressed to Grantee to change the zoning classification of the
Property from A12 Apartment District to Conditional I-1 Light Industrial District. The proposed
amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia
Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the
"City Zoning Ordinance").
D. Grantee's policy is to provide for the orderly development of land for various
purposes, through zoning and other land development legislation.
E. Grantors acknowledge the competing and sometimes incompatible uses conflict
and that in order to permit differing uses on and in the area of the property and at the same time
recognize the effects of change, and the needs for various types of uses, certain reasonable
PREPARED BY: JOHN W. RICHARDSON, ATTORNEY AT LAW,
KAUFMAN & CANOLES, P.C.
GPIN NO. 2407-46-2671-0000; 2407-46-3607-0000; and 2407-46-2753-0000
conditions governing the use of Property for the protection of the community that are not
generally applicable to land similarly zoned are needed to cope with the situation to which the
Grantors' rezoning application gives rise.
F. The Grantors have voluntarily proffered in writing, in advance of and prior to the
public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for the I-1 Light Industrial District Zoning District, the
following reasonable conditions, hereinafter set forth, related to the physical development,
operation, and use of the Property to be adopted as part of the amendment to the Zoning Map
relative and applicable to the Property, which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
G. The conditions outlined in this Agreement have been proffered by Grantor and
allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and
the Zoning Map. These conditions shall continue in full force and effect until a subsequent
amendment changes the zoning of the Property; provided, however, that such conditions shall
continue if the subsequent amendment is part of the comprehensive implementation of a new or
substantially revised zoning ordinance of Grantee.
NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other
successors in title or interest to the Property, voluntarily and without any requirement by or
exaction from Grantee or its governing body and without any element or compulsion or quid pro
quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following
declaration of conditions and restrictions governing the use and physical development and
operation of the Property, and covenants and agrees that this declaration and the further terms of
this Agreement shall constitute covenants running with the Property, which shall be binding
upon the Property, and upon all persons and entities claiming under or through the Grantor, its
heirs, successors and assigns, grantees and other successors in interest or title to the Property;
namely:
l. Only uses that are permitted in the I-1 Light Industrial District and compatible in
APZ-1 and APZ-2 and the Greater than 75 dB DNL, as shown on Tables 1 and 2 of Section 1804
of the City Zoning Ordinance, shall be allowed on this property. The eastern portions of the
subject property is located within the APZ-1 zone and the western portions of the subject
property is located within the APZ-2 zone.
2. In order to provide for the coordinated development of the Property, the Property
shall be developed in substantial conformity with that certain plan entitled "Rezoning Exhibit for
Nicholson Properties, LLC - Fountain Drive Development" dated 11/29/2012, prepared by WPL
Landscape Architects-Land Surveyors-Engineers. (the "Concept Plan"), a copy of which is on
file with the City of Virginia Beach, Department of Planning and which has been exhibited to
City Council, with regard to layout, ingress and egress, and landscaping.
3. The architectural design of the retail buildings will be substantially as depicted on
the elevations designated as "Fountain Drive" prepared by Wayne Anderson, Architect and have
been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
2
Department of Planning ("Elevations"). The building shall be a steel building with a briclc and
stucco front fa~ade.
4. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City Agencies and
departments to meet all applicable City Code requirements.
Further lawful conditions or restrictions against the Property may be required by Grantee
during the detailed Site Plan review and administration of applicable codes and regulations by
Grantee by all appropriate agencies and departments of Grantee, which shall be observed or
performed by Grantors. Grantors acknowledge that additional further lawful conditions or
restrictions may be imposed by Grantee as a condition of approvals, including, but not limited to,
final Site Plan approval.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the
conditional rezoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions
and restrictions specified in this Agreement, including (a) the ordering in writing of the
remedying of any noncompliance with such conditions, and (b) the bringing of legal action or
suit to ensure compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all
conditions shall constitute cause to deny the issuance of any of the required building or
occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning
Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or
this Agreement, a petition shall be filed to the governing body for the review thereof prior to
instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on
the Map the existence of conditions attaching to the zoning of the subject Property on the Map
and that the ordinance and conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department and that
they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and indexed in the name of the Grantor and Grantee.
WITNESS the following signs and seals:
3
CITY OF VIRGINIA BEACH
By~ /~ . l, ~~/~-
Name: r,c~i22 S . 1 '~~.2~3rS,2T
Title~~ Q~n~i ~{ C~ c`( w~ ~~~4~1..
~
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~c~» a o~c,~ e~ , the dersigned, a Notary Public in and for the
City and State afor id, do hereby certify that eGvi.~Q~. .~c,~~, (Name), whose
name is signed to the foregoing instrument as Cvha Title) of the City of
Virginia Beach, has sworn to, subscribed, and ac owle ed e same before me in the City and
C monwealth afo esaid this a~~' day of January, 2013. The said
~~,f ~ is / personally known to me, or _ has produced
~" for identification purpo . .
~/1~ ~ p(-`~ `~~--~
Notary Public
My commission expires: /a - 3~ - / ~`~f
Registration No.: ~1 ~ ~ 3 v5 ~ '}~;;~~~~
a
~ 4 fi~~ ~,
~:'~: ''~~
.,, ~y~ ~,
Sandy Marie Madison
Commonwealth o( Virginia
Notary Public
Commission No. 7073053
My Cnmmission Cxpires 17131/?014
4
ATTEST:
CITY OF vIRGINIA BEACH, VIRGINIA
O' -
C~~~,F -signattlte - City Clerk
~r~
CITY'S ACKNOWLEDGEMENT
STATE OF VIRGINIA
CITY OF V NIA BEACH, to wit: `
I, Q~, G:_-~..~ ~-r~~ , a Notary Public in and for th ~~
City and state aforesaid, do hereby certify that ~~ Q~( it~1 __ 7~-~/~~(~.o Cit Clerk
for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement,
~~ ~~20 /.2~ h
bearing date the ~ day of ~c , , as acknowledged the same before me
in my City and State aforesaid. She is personally known to me.
GIVEN under my hand this o~~ day o ~~-~ , 20 ~.
U l~~ ~~- My Commission Expires: ~c~ ~ 3~'~~
Notary Registration Number: ~ ~ ~ ~ ~~ ~
,~~,,. Sandy Marie Madison
Commonwealth of Virginia
Notary Public
:,.~ .+. Commission No. 7073053
~~'~'yn,~ My Cnmmis:;ion [xpires, 17/31/2014
6
NICHOLSON PROPERTIES, LLC
By: ~,l ~~ ~
Name: Robert L. Nicholson, Member
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~iZ{ T~~ , the undersigned, a Notary Public in and for the
City and State aforesaid, do hereby certify that Robert L. Nicholson, whose name is signed to the
foregoing instrument as Member of the Nicholson Properties, LLC, has sworn to, subscribed,
and acknowledged the same before me in the City and Co~ onwealth aforesaid this /S day
of January, 2013. The said Robert L. Nicholson is / personally known to me, or _ has
produced for identification purposes.
~
Notary Public
My commission expires: /'~ ~~~~~~~ TAN~otnryDPubKER
Registration No.: ; Commonwealth of~rginia
Registration # 192699
5
EXHIBIT A
LEGAL DESCRIPTION
ALL THOSE CERTAIN LOTS, PIECES OR PARCELS OF LAND, WITH THE BUILDINGS,
APPURTENANCES AIVD IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND BEING KNOWN, NUMBERED AND
DESIGNATED AS LOTS 98, 99, 100 AND 101, AS SHOWN ON THE PLAT ENTITLED "A
PART OF MAXEY MANOR" WHICH PLAT IS DULY RECORDED IN THE CLERK'S OFFICE
OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA
iaos22i3~~
7
K. APPOINTMENTS
AUDIT COMMITTEE
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA)
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
OLD BEACH DESIGN REVIEW COMMITTEE
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
~~~~~~~~~~~~~~~~~*~~~~~~~~~~~
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE
Presented by the City Manager
April 161h Budget WorkshopBriefings Conference Room
April 18`h Public Hearing VB Middle School
April 23`d Budget WorkshopBriefings Conference Room
April 23rd Informal/Formal Session/Public Hearing Council Chamber
May 7~h Budget Workshop Reconciliation Conference Room
May 14th Vote on the Budget Council Chamber
2013 CITYHOLIDAYS
,?~~ee~noricrl I~-cty - z'Vlorzrlci,~>, ~L.~r{V 27
~rrrleperiderice Dt~1~ - Tlrzrrsrlt~l~, .~i~lv 4
Lanor I)ay - tlland~ry, Septetnber 2
Vi~terrr~rs Tl~}~ _ Mc~rirf~y, l~ro~jenrber 17
Thar~ksgivin~* Pay ~~ Ilc~y aJter Tha~rks~~ivin~ - Tlrurs~iay,
tt~"nv~rnhczr 28 ~c~ Fri~cr~t'. N~-~~ember 29
C/~tarstnicts Evc~ (/zalf-dcr.y) - Tuesrluy, Decernber 24
Cli~~istnicxs Day - T~'ednes~tay, TJ~ece~rz~iYr 25
CITY OF VIRGIMA BEACH
SUMMARY OF COUNCIL ACTIONS
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DATE: 3/26/2013 PAGE: 1 S"
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AGENDA
ITEM # SUBJECT MOT]ON VOTE p S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I p E E E S N M I O O
S H R Y S S D S N N D
1. BRIEFINGS
p. POST 2018 SPSA RESOLUTION Dave Hansen, Deputy
City Manager
g, INTERIM FINANCIAL STATEMENT Patti Phillips, Director
Finance
IllIIU1VN- CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y l' Y Y 1' }' Y Y Y Y
g SESSION
A
p, MINUTES - March 12, 2013 APPROVED 10-0 Y Y Y Y Y Y Y Y Y B Y
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G/H MAYOR'S PRESENTATION
JoAnn Faletto,
1. VIRGINIA SYMPHONY ORCHESTRA Maestro
Rony Thomas,
Incoming Chairman of
the Board
- CITY MANAGER'S PRESENTATION Catheryn Whitesell,
Director, Management
1. FY 2013-14 OPERATING/CAPITAL Services
BUUGET
~ PUBLIC HEARINGS
~ LEASE OF CITY-OWNED PROPERTY No Speakers
a. Atlantic Avenue/3`d Street
2 TRANSFER PROPERTY/
DEVELOPMENT AUTHORITY
One (1) Speaker
a. 19th, 20~' Streets
b. Arctic/Baltic Avenues
K-1 PUBLIC COMMENT No Speakers
19'h Street Parking
CITY OF VlRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE p S E J M S U 1
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W
A T D N O M M S H
V E Y L N O O O R S O
I P E E E S N M 1 O O
S H R Y S S D S N N D
L-1 Ordinances to AUTHORIZE/ EXECUTE
a Lease with Dreamquest, LLC re
entertainment at Atlantic Avenue/3"' ADOPTED, BY
CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y
Street
Z. Ordinance to AUTHORIZE a Request for
Bids to lease City-owned property @
Prosperity Road re a Camp for children ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
with special needs/disabled Veterans
3. Ordinances to EXTEND compliance of
Conditions 1/2/3 re closing portions of: ADOPTED, BY
CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y
a. r-o-w at Oakmears Crescent
b. Oakmears Crescent r-o-w (Princess Anne
Road)
4. Ordinance to ACCEPT/APPROPRIATE
$30,520 from Smart Beginnings re Early ADOPTED, BY
CONSENT ll-0 Y Y l' Y }' N Y Y Y Y Y
Learning Challenge Grant Initiative
M_~. FItANK T. WILLIAMS Variance to
§4.4 (b) Subdivision Ordinance re 2 lots/
ADD area at 5309 Morris Neck Road ~pROVED,
CONDITIONED, BY
CONSENT 1~_p y y y Y Y Y Y Y Y Y }'
(DISTRICT 7 - PRINCESS ANNE)
2. JAMIE COLE Modification ofCondition
No. 7 re buffering at 520 Dunkirk Court
(DISTRICT 5 - LYNNHAVEN) /~PROVED
WITHDRAWAL, BY
CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y
3. RIVERS OF LIFE, LLC: APPROVED, AS
PROFFERED,BY 11-0 Y Y Y Y Y }' Y Y Y Y ~(
a Conditional COZ from R-7.5 to PD-H2
CONSENT
at 736 Newtown Road (DISTRICT 2-
KEMPSVILLE)
b. Modification of Proffers Nos. 1-5/8 to
EXPAND land area/MODIFY site layout
at 736 Newtown Road (DISTRICT 2-
KEMPSVILLE)
q. HOME ASSOC OF VIRGINIA, INC/
ROYAL COURT/CHELSEA PLACE
CONDO ASSOC for Modification of APPROVED, AS
pROFFERED,BY
CONSENT 11-0 Y Y Y Y Y N Y Y Y Y Y
Proffer No. 8 of a Conditional COZ re age-
restrictions at Princess Anne Road/West of
Cross Road (DISTRICT 7 - PRINCESS ~
ANNE)
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1 p E E E S N M ~] O O
S H R Y S S D S N N D
5. LAURIE WOMACK CUP re Child ~'PROVED,
CONDITIONED, BY ~ t_p y y Y Y Y Y Y Y Y Y Y
Daycare a[ 321 West Farmington Road CONSENT
(DISTRICT 6 - BEACH)
6 Ordinance to AMEND Sec 1904/1905 of DEFERRED TO 11-0 Y Y 1' Y Y S' Y Y Y Y Y
. APRIL 23, 2013, BY
CZO re lot requirements/design incentives CONSENT
in the Old Beach Overlay District
(DISTRICT 5- LYNNHAVEN)
'7 Ordinance to AMEND the Comprehensive ~OPTED, BY 11-0 Y Y 1' Y Y 1' Y Y Y Y Y
. Plan to ADD the Centerville SGA Master CONSENT
Plan/REVISE the Plan's Policy
Document
RESCHEDULED B Y C O N S E N S U S
N APPOINTMENTS
HAMPTON ROADS ECONOMIC
DEVELOPMENT ALLIANCE
(HREDA)
HEALTH SERVICES ADVISORY
BOARD
HISTORIC PRESERVATION
COMMISSION
HUMAN RIGHTS COMMISSION
TRANSITION AREA/ITA CITIZENS /~PPOINTED 11-0 Y Y Y Y Y Y Y Y~ Y Y Y
ADVISORY COMMITTEE LINWOOD
BRANCH AS
CHAIRMAN
APPOINTED 2-
YEAR TERM
03/01113-02/28/15
JOHN W.
CROMWELL
O/V/Q ADJOURNMENT 7:00 PM
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'ION VOTE p S E J M S U I
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V E Y L N O O O R S O
1 p E E E S N M I O O
S H R Y S S D S N N D
FY 2013-2014 RESOURCE MANAGEMENT SCHEDULE
April 2nd Budget Workshop
April 9`" Budget Workshop
April 16`" Budget Workshop
April 18`h Public Hearing at VB Middle
School
April 23rd Budget Workshop
April 23rd Public Hearing in the
Council Chambers
May 7`h Budget Workshop -
Reconciliation
May 14`h Vote on the Budget
2013 CITYHOLIDAYS
~~lernorial Dfry -1Vlan~lay, Mrry 27
Inrlepericferxce nn~~ - Thu~•s~(~~y, July 4
I.«bar nay - Mondc~i~, 5e~rtetnber 2
V~~terans Dcry - Mondrrt', ~'Vovem6er 11
T/acr~~ksgivirrg Day c~ I)ay nfter Tlrarzks~ivirzg - TIra~YS~lcr1~,
November ?8 & Frirfcry, Noveniber 29
Chr%stmrrs Iive {llcxCf=~lay) - Trcescl~r~~, I3c~cerytber 24
C'{rristmcrs Day - W etlnesdccy, Decernber 2 i