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Home My WebLink AboutJUNE 17, 2014 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D.MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITYAUDITOR - LYNDON S. REMIAS l m -v /`r COI/ Di fru rinnRFC F17.4 CFR AMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 17 June 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl®vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 1. HISTORIC PRESERVATION COMMISSION — Annual Report Bernice Pope, Chair II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL RECESS TO CLOSED SESSION 5:00 PM 5:30 PM 1 VL FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend H. Leroy Siebert, Pastor Community United Methodist Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS June 3, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION OF RECOGNITION Mary Kay Horoszewski 2. PROCLAMATION — Parks and Recreation Month Michael Kalvort - Director I. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §§2-459 and 2-461 re addition of student members and annual reports for the Human Rights Commission b. Resolution to GRANT an exemption to City Code §7-59.1 to allow MARKLIN MCGUIRE to operate a moped on Atlantic Avenue during Resort season re pizza delivery c. §4-1 re definition of SPECIAL EVENTS for Agritoursim activities Ordinance to AMEND §4 of the ARP Ordinance to allow Agritourism activities 3. Ordinance to AUTHORIZE the Second Modification to the Town Center Phase V Development Agreement re realignment of the parking garage to accommodate a larger retail space 4. Ordinance to EXEMPT local Real and Personal Property taxes in behalf of the Military Aviation Museum 5. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. JOAN R. DAVIS re an existing drainage easement on North Bay at 361 Back Bay Crescent DISTRICT 7- PRINCESS ANNE b. THE BREAKERS II CONDOMINIUM ASSOCIATION, INC. re a portion of a building and HVAC unit at Red Tide Road DISTRICT 5 — LYNNHAVEN 6. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as Bass Inlet -East in Sandbridge Shores: DISTRICT 7- PRINCESS ANNE a. DAVID L. and BONNIE A. MERRITT at 2805 Sandpiper Road b. DEBORAH M. COSTELLO at 301 Tuna Lane 7. Ordinance to APPOINT three (3) Viewers for one-year terms from July 1, 2014, to assess street closure proposals 8. Ordinances re City Appointee Compensation for FY 2014-15: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 9. Ordinance to TRANSFER $566,122 within the Sheriffs Budget re inmate medical contract 10. Ordinance to ACCEPT and APPROPRIATE a $6,000 donation from the Virginia Beach Little League, Inc. re ADA compliance improvements in Ocean Lakes Community Park (DISTRICT 7- PRINCESS ANNE) J. PLANNING 1. Application of CARMAX AUTO SUPERSTORES, INC. for Modification of Conditions of a Conditional Use Permit (approved March 25, 2003) re car storage at 3801 and 3789 Bonney Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of MICHAEL D. SIFEN and GEORGE STREET CORP. for a Conditional Use Permit re indoor Self -Storage at 3443 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 3. Application of HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a Communication Tower at 5332 Shore Drive DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 4. Application of ROBERT JEFFERY MOREAU for a Conditional Use Permit re firearm sales and repair at 1405 Ships Landing DISTRICT 1 — CENTERVILLE 5. Application of SUZETTE CIVIL -NOEL for a Conditional Use Permit re a Daycare at 1941 Glen View Court DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 6. Application of RODNEY PRICE/AEGEAN ASSOCIATES for a Conditional Use Permit re truck and trailer rentals at 4720B Princess Anne Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 7. Application of MID -ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC for a Conditional Use Permit re fuel sales and a convenience store at 720 Independence Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 8. Application of LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON for a Conditional Use Permit re fuel sales and a convenience store at 4904 Haygood Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 9. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to Conditional PD -H2 Planned Unit Development District at 2800 to 2900 Princess Anne Road (Deferred April 8, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: INDEFINITE DEFERRAL 10. Applications of VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/City of Virginia Beach in Princess Anne Commons: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community Business District and AG -1 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re a Baseball Stadium b. Conditional Use Permit re a Baseball and Softball Tournament Complex RECOMMENDATION: APPROVAL 1L Applications of SANDBRIDGE TOWING, INC/EDDIE LEE COOPER and LINDA A. ACKISS at Princess Anne Lane and Princess Anne Road: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit re a towing service and storage yard RECOMMENDATION: APPROVAL 12. Applications of NEW CINGULAR WIRELESS PCS, LLC/CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road: DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning from Conditional PD -H2 Planned Development District to Conditional P-1 Preservation District. b. Conditional Use Permit re a communication tower (deferred April 22, 2014) RECOMMENDATION: APPROVAL 13. Application of KEMPDEL, INC. — SHURNEY LANE for a Change of Zoning_from Conditional PD -H2 District to P-1 Preservation District re open space for a condominium at 881 Shurney Lane. DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 14. Applications of CITY OF VIRGINIA BEACH: a. AMEND §§1803 and 1804 of the City Zoning Ordinance (CZO) re Special Regulations for Discretionary Development Applications for Residential Uses in the Oceanfront Resort District b. AMEND §§400 and 401 of the City Zoning Ordinance (CZO) re the Purpose of the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and Agricultural -Related Products, and to REPEAL §241 re Riding Academies and Horses for Hire or Boarding c. AMEND the City Zoning Ordinance (CZO) re Oceanfront Resort District Height Map by changing the height zone at 1609 and 1701 Atlantic Avenue. d. Street Closure re a portion of former Oakmears Crescent now part of relocated Princess Anne Road e. Street Closure re unimproved right-of-way of Oakmears Crescent RECOMMENDATION: APPROVAL K. APPOINTMENTS DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COG WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6/17/14 st ************:***************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT Economic Development Office Suite 700 4525 Main Street (Corner of Columbus & Main Streets) Town Center CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DL4LOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 2014 CITY HOLIDAYS Independence I)ay - Friday, July 4 Labor Day - Mondavi, September 1 Veterans Day - Tuesday, November 11 Thanksgiving Day and Day after Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 I. CITY COUNCIL BRIEFING - Conference Room - 5:00 PM 1. HISTORIC PRESERVATION COMMISSION — Annual Report Bernice Pope, Chair II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL C. RECESS TO CLOSED SESSION 5:30 PM VI. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend H. Leroy Siebert, Pastor Community United Methodist Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 6:00 PM INFORMAL and FORMAL SESSIONS June 3, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA d H. MAYOR'S PRESENTATIONS 1. RESOLUTION OF RECOGNITION Mary Kay Horoszewski 2. PROCLAMATION — Parks and Recreation Month Michael Kalvort - Director I. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §§2-459 and 2-461 re addition of student members and annual reports for the Human Rights Commission b. Resolution to GRANT an exemption to City Code §7-59.1 to allow MARKLIN MCGUIRE to operate a moped on Atlantic Avenue during Resort season re pizza delivery c. §4-1 re definition of SPECIAL EVENTS for Agritoursim activities 2. Ordinance to AMEND §4 of the ARP Ordinance to allow Agritourism activities 3. Ordinance to AUTHORIZE the Second Modification to the Town Center Phase V Development Agreement re realignment of the parking garage to accommodate a larger retail space 4. Ordinance to EXEMPT local Real and Personal Property taxes in behalf of the Military Aviation Museum 5. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. JOAN R. DAVIS re an existing drainage easement on North Bay at 361 Back Bay Crescent DISTRICT 7- PRINCESS ANNE b. THE BREAKERS II CONDOMINIUM ASSOCIATION, INC. re a portion of a building and HVAC unit at Red Tide Road DISTRICT 5 — LYNNHAVEN 6. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as Bass Inlet -East in Sandbridge Shores: DISTRICT 7- PRINCESS ANNE a. DAVID L. and BONNIE A. MERRITT at 2805 Sandpiper Road b. DEBORAH M. COSTELLO at 301 Tuna Lane 7. Ordinance to APPOINT three (3) Viewers for one-year terms from July 1, 2014, to assess street closure proposals 8. Ordinances re City Appointee Compensation for FY 2014-15: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 9. Ordinance to TRANSFER $566,122 within the Sheriff's Budget re inmate medical contract 10. Ordinance to ACCEPT and APPROPRIATE a $6,000 donation from the Virginia Beach Little League, Inc. re ADA compliance improvements in Ocean Lakes Community Park (DISTRICT 7- PRINCESS ANNE) td '' fEtme+M.M ki) �•J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 2-459 and 2-461 of the City Code Pertaining to the Human Rights Commission MEETING DATE: June 17, 2014 ■ Background: City Council created the City's Human Rights Commission in 1991 to advise City Council on human rights issues in the City. The commission's duties include conducting educational programs; serving as a forum for the discussion of human rights issues; conducting studies and proposing solutions for the improvement of human relations in the City; and providing assistance to citizens who believe their rights have been violated by referring those citizens to the appropriate federal, state or local agency that can address the complaint. At the Human Rights Commission's request, City Council began appointing student members to the commission on a pilot basis. The student members have provided valuable contributions to the commission and its work. This ordinance will amend the City Code to formally add student members as members of the commission. ■ Considerations: The Human Rights Commission unanimously endorsed this ordinance. The ordinance is modeled on City Code § 17-3, which provides for student membership on the Public Library Board. This ordinance provides that City Council shall appoint two high school juniors as members to serve two-year terms. Of the two student members currently appointed by City Council to the Commission, one recently graduated from high school, and the other will be a high school senior this fall. Subsequent appointments can continue to be staggered, so that one student member will be a junior, and the other will be a senior. The ordinance also contains two housekeeping edits: a correction to a typographical error and deletion of the reference to the commission submitting semi-annual reports of their activities. The practice of the commission has been to make annual reports to City Council toward the end of each fiscal year, and this ordinance revises the reporting provision accordingly. ■ Public Information: This item will be advertised in the same manner as all other agenda items. ■ Attachments: Ordinance Requested by Councilmembers Dyer and Kane CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Granting a Permit to Marklin McGuire to Operate a Moped on Atlantic Avenue MEETING DATE: June 17, 2014 ■ Background: City Code § 7-59.1 prohibits the operation of mopeds on Atlantic Avenue during the resort season, but City Code § 7-58 authorizes such operation if the operator has been granted a permit by the City Council. Marklin McGuire is a pizza delivery person in the Resort Area, and he and his employer have requested a permit so he can deliver pizzas at the Oceanfront while driving his moped during the resort season. ■ Considerations: The attached resolution grants Mr. McGuire a permit to operate his moped on Atlantic Avenue during the resort season, provided that the moped has been registered with DMV and displays a current and valid license plate. He will be required to pay a $10 permit fee, and the permit will expire on December 31, 2014. The Police Department may renew the permit for additional calendar years upon payment of the $10 annual permit fee. Mr. McGuire will be required to possess a copy of the permit card on his person whenever he operates a moped on Atlantic Avenue during the resort season. The permit may be revoked by City Council at any time. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution. Requested by Councilmember Uhrin REQUESTED BY COUNCILMEMBER UHRIN 1 A RESOLUTION GRANTING A PERMIT TO MARKLIN 2 MCGUIRE TO OPERATE A MOPED ON ATLANTIC 3 AVENUE 4 5 WHEREAS, City Code § 7-59.1 prohibits persons from riding a moped on Atlantic 6 Avenue during the resort season; and 7 8 WHEREAS, City Code § 7-58 authorizes the City Council to grant a permit that 9 would allow a person to operate a moped on Atlantic Avenue during the resort season, 10 notwithstanding the prohibition contained in City Code § 7-59.1; and 11 12 WHEREAS, Marklin McGuire has shown good cause why he should be granted 13 such a permit; and 14 15 WHEREAS, the Police Department has requested that any such permit have an 16 expiration date of December 31St 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That the City Council hereby grants Marklin McGuire a permit to operate a 22 moped on Atlantic Avenue during the resort season, provided that the moped has been 23 registered with the Department of Motor Vehicles and displays a current and valid 24 license plate. 25 26 2. That in order to obtain a permit card, Mr. McGuire shall obtain from the City 27 Clerk a certified copy of this resolution, indicating that it was adopted, and shall present 28 the same to the Police Department, along with a $10 permit fee. 29 30 3. That Mr. McGuire shall possess on his person the permit card whenever he 31 operates a moped on Atlantic Avenue during the resort season. 32 33 4. That the permit shall expire on December 31, 2014, but may be 34 administratively renewed annually by the Police Department for additional calendar 35 years upon Mr. McGuire's payment of the $10 annual permit fee. 36 37 5. That the permit may be revoked at any time, for any reason, by the City 38 Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA13031 R-1 June 6, 2014 C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Amendment to Special Events Ordinance (City Code Section 4-1) MEETING DATE: June 17, 2014 ■ Background: During its 2014 Regular Session, the General Assembly enacted legislation that significantly constricted the City's authority to regulate agritourism activities conducted on agricultural land. However, localities may continue to regulate activities having a substantial impact upon the public health, safety and general welfare. Because agritourism activities of a certain size and/or frequency can have such an impact, there is a need for a mechanism to regulate such activities. ■ Considerations: The ordinance requires a Special Events Permit for agritourism activities that are not allowed either by right under Section 401 of the City Zoning Ordinance (i.e., activities at which fewer than 250 persons are in attendance at any one time) or that require a conditional use permit (i.e., activities at which more than 250 persons attend at any one time and which are held more than three times per year). ■ Public Information: No special form of advertising is required; the process of revising the related agritourism ordinance, however, was the subject of a substantial public participation process conducted by the Agricultural Advisory Commission. ■ Recommendations: Adoption of the ordinance ■ Attachments: Ordinance Recommended Action: Adoption of ordinance Submitting Department/Age cy: Strategic Growth Area Office. City Manager: 1 AN ORDINANCE TO AMEND SECTION 4-1 OF THE CITY 2 CODE, PERTAINING TO THE DEFINITION OF SPECIAL 3 EVENTS 4 5 Section Amended : City Zoning Ordinance Section 4-1 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 4-1 of the City Code is hereby amended by requiring special events 12 permits for certain agritourism activities, to read as follows: 13 14 Sec. 4-1. Permit for special events. 15 16 (a) Events for Which Permit Required. No person or entity shall hold, 17 organize or sponsor any of the following events or activities unless a permit therefor has 18 been granted by the city: 19 20 (1) Parades, processions, marathons, bicycle races and other events 21 utilizing the sidewalks or vehicular travel portion of city streets and 22 highways, or the boardwalk. 23 24 (2) Carnivals, bazaars and similar events which offer such activities as 25 amusement rides or devices, games of skill, animal rides or 26 exhibitions, food concessions, and informal live entertainment. 27 28 (3) Outdoor festivals or other musical entertainment offering live or 29 recorded music for public or private audiences in other than a fully 30 enclosed building, with the exception of outdoor musical 31 entertainment at any private residence attended by fewer than one 32 hundred fifty (150) persons. 33 34 (4) Motion picture, video or broadcast television productions, other 35 than news media, involving the staging of vehicles, equipment, 36 props or personnel on public property, including buildings, streets 37 and sidewalks, or requiring the use of city equipment or services, or 38 the participation of city employees. 39 40 (5) Organized scheduled contests and exhibitions held on the sand 41 beaches of the city. 42 43 (6) Marine events, including any prescheduled organized concentration 44 of watercraft, involving participants and/or spectators, of a 45 competitive or noncompetitive nature, which may interfere with 46 ordinary navigation or require supplementary regulation by federal, 47 state or city authorities. 48 49 (7) Scheduled races, exhibitions or other events involving the operation 50 of motorized vehicles of any type. 51 52 (8) Scheduled gatherings of two hundred (200) or more persons on 53 any public property, other than parks. 54 55 (9) Activities or events requiring a variance from the regulations for 56 parks promulgated by the director of parks and recreation. 57 58 (10) Organized camps, athletic leagues or games, exercise classes, or 59 other instruction, education or recreational activities or events 60 which take place on city property in the Resort Area or on the sand 61 beaches of the city, for which a fee is collected by a for-profit event 62 organizer, sponsor, or producer, and which include three or more 63 individuals paying to participate in the activity or event. 64 65 (11) Organized horseback riding events held on the sand beaches of the 66 city; provided, however, that no such permit shall be issued unless 67 (i) the applicant is a 501(c)(3) charitable organization, (ii) the event 68 is held between November 1 and May 1, and (iii) the event lasts no 69 longer than one day. The restrictions contained in section 6-12 shall 70 not apply to activity authorized by such a permit. 71 72 (12) Aqritourism activities allowed pursuant to section 401(a) of the City 73 Zoning Ordinance, but not including aqritourism activities requiring 74 a conditional use permit or allowed pursuant to section 401(c) of 75 the City Zoning Ordinance. 76 2 77 78 COMMENT 79 The ordinance provides that the agritourism activities referenced in subsection (12) are 80 subject to the Special Events Ordinance, thereby requiring a Special Events Permit. Such 81 agritourism activities are generally those in which more than 250 persons are in attendance at any 82 one time and which are held between one and three time per year. Such activities, if held more 83 than three times per year, require a conditional use permit, and agritourism activities where fewer 84 than 250 people are in attendance may be conducted as a matter of right. 85 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 88 , 2014. CA -13032 R-1 May 23, 2014 APPROVED AS TO CONTENT: 4/1" strategic Growth Area Office APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 3 ITEM: ARP Ordinance Section 4 — Definition of "Agricultural Use" MEETING DATE: June 17, 2014 • Background: During its 2014 Regular Session, the General Assembly enacted legislation that significantly constricted the City's authority to regulate agritourism activities conducted on agricultural land. The City Staff has responded by drafting appropriate amendments to the City Zoning Ordinance and by drafting amendments to the City's ARP Ordinance to make corresponding changes to the City's Agricultural Reserve Program (ARP). The City's Agricultural Advisory Commission has recommended that the agritourism activities allowed by the amended CZO be permitted on property in the ARP; this ordinance implements that recommendation. • Considerations: The proposed amendments to the City's ARP Ordinance change the Ordinance's definition of the term "agricultural use" to allow all agritourism activities permitted by the CZO to be conducted on ARP land. While this has always been the case, the activities that are allowed under the CZO amendments have been expanded, and thus there will be an attendant expansion of agritourism activities allowed on ARP land. All such activities, however, are agricultural in nature and positively contribute to the ARP's goal of preserving agriculture in the rural portion of the City. • Public Information: The entire subject of agritourism activities, including the CZO amendments and the associated ARP amendments, were the subject of a public notification process and an Agricultural Advisory Commission meeting that was well - attended by interested members of the agricultural community. • Recommendations: Adoption of ordinance • Attachments: Ordinance Recommended Action: Adoption of ordinance Submitting DepartmentlAgency: Department of Agriculture City Manage ---- `�y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Second Modification to the Town Center Phase V Development Agreement. MEETING DATE: June 17, 2014 • Background: The Town Center Project (the "Project") has been a long-term priority for the City of Virginia Beach (the "City"). The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted r�;e Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Cour ,! adopted the Central Business District — South Tax Increment Financing District (the "TIF") with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. At its February 8, 2000 meeting, the City Council approved a Development Agreement for Phase I of the Project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). Phases I, II and III of the Project have been authorized and completed. Phase IV of the Project was authorized but expired before it commenced. On November 12, 2012, City Council approved the Phase V Development Agreement. Phase V of the Project proposed a single -block development on Block 11 of the Project. On February 20, 2013, City Council approved the First Modification to the Phase V Development Agreement. As set forth in the Phase V Development Agreement, as modified by the First Modification, Phase V must contain: Single -block, Multi -facility, Mixed-use Development / Main Building: 15 Stories • Parking Garage, approx. 950 spaces (6 levels) • Office Tower (9 levels above garage) • Apartments above ground -level parking (4 floors- approximately 290 units) • Ground -floor retail space, approx. 21,400 square feet • Private investment of $84.4 million. ■ Considerations: The Developer is proposing a second modification to Phase V to realign the parking garage and retail space on the first floor of the structure. The proposal would decrease the size of the parking garage by twenty-three (23) parking spaces while increasing the size of the retail space by approximately 5,257 square feet. This realignment will be accomplished by moving the wall separating the retail space and parking garage. The costs of this change are estimated at $100,000 and would be added to the maximum garage costs paid by the Authority from TIF funds for a total maximum garage cost of $20,100,000. The Developer has requested this second modification to allow it to finalize lease commitments from several retail tenants. Anthropologie has agreed to locate in the Phase V retail space, subject to co -tenancy requirements. Those requirements will '-)e met by the location of a high-end furniture store into the Phase V retail space and the location of several other retailers, including Lululemon and Free People, in adjacer:t blocks of the Project. The furniture store's layout and size requirements necessitate the realignment of the Phase V retail space and parking garage requested by this second modification. City staff has estimated that the retail space in Phase V (Anthopologie and a to be determined high-end restaurant and high-end furniture store) will generate over $975,000 in sales, personal property and BPOL taxes annually (with the City and schools retaining approximately $430,000). The Phase V retail space is expected to contribute $33,883 annually to the TIF. The Authority will consider the second modification, subject to Council approval, at its meeting on the morning of June 17, 2014. • Public Information: Advertisement of City Council Agenda. • Recommendations: Approve the second modification of the Phase V Development Agreement. • Alternatives: Deny the modification or amend the modification. • Attachments: Ordinance Summary of Terms Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager��-�5 1 ORDINANCE APPROVING SECOND 2 MODIFICATION TO THE TOWN CENTER 3 PHASE V DEVELOPMENT AGREEMENT 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 6 Virginia Beach Development Authority (the "Authority"), the City Manager and City 7 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 8 Development Company, L.L.C. and its affiliates, regarding the continued 9 development of the Central Business District Project known as "The Town Center of 10 Virginia Beach" (the "Project"); 11 12 WHEREAS, the Project is a development arrangement between the Authority 13 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 14 development utilizing the structure of an economic development park in the B -3A 15 Pembroke Central Business Core District, an area of the City that is zoned to 16 optimize development potential for a mixed-use, pedestrian -oriented, urban activity 17 center with mid -to -high-rise structures that contain numerous types of uses, 18 including business, retail, residential, cultural, educational and other public and 19 private uses; 20 21 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 22 99-2567B establishing the Central Business District —South Tax Increment Financing 23 Fund (the "TIF"); 24 25 WHEREAS, Phases I, II and III of the Project have been completed, and 26 Phase IV of the Project has expired; 27 28 WHEREAS, Phase V of the Project was approved by City Council on 29 November 13, 2012, and by the Authority on November 20, 2012; 30 31 WHEREAS, the First Modification to Phase V was approved by City Council 32 on February 20, 2013, and by the Authority on March 19, 2013; 33 34 WHEREAS, the Developer has approached representatives of the City and 35 the Authority about changing the configuration of Phase V; 36 37 WHEREAS, on June 17, 2014, the Authority approved the requested second 38 modification to the Phase V Development Agreement, subject to final approval by 39 City Council; 40 41 WHEREAS the City Council finds that reconfiguring Phase V of the Project 42 will stimulate the City's economy, increase public revenues, enhance public 43 amenities and further the City's development objectives for the Central Business 44 District, and provide necessary components to further the goals contained in the 45 City's Guidelines for Evaluation of Investment Partnerships for Economic 46 Development; and 47 WHEREAS, the City Council hereby approves the second modification to 48 Phase V of the Project as set forth on the Second Amended Summary of Terms 49 attached hereto. 50 51 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA; 53 54 1. That the second modification to the Phase V Development Agreement 55 is hereby approved, so long as such modifications are consistent with the Second 56 Amended Summary of Terms attached hereto as Exhibit A, and incorporated herein, 57 and such other terms, conditions or modifications as may be acceptable to the City 58 Manager and deemed legally sufficient by the City Attorney. 59 60 2. That the City Manager and the City Attorney are hereby authorized and 61 directed to proceed with the preparation of any and all documents necessary and 62 appropriate to implement the second modification to the Phase V Development 63 Agreement (the "Phase V Second Modification Documents") consistent with the 64 Second Amended Summary of Terms. 65 66 3. That the City Manager, or his designee, is authorized to execute and 67 deliver any and all Phase V Second Modification Documents to which the City is a 68 necessary party, so long as such Phase V Second Modification Documents are 69 consistent with the Second Amended Summary of Terms and are acceptable to the 70 City Manager and are in a form deemed satisfactory by the City Attorney. 71 72 4. The City Manager is authorized to modify the Phase V Second 73 Modification Documents to which the City is a party to the extent such modifications 74 may be technical in nature, provided that after such modifications, the Phase V 75 Second Modification Documents shall remain in substantial conformity with the 76 Phase V Development Agreement and such modifications are acceptable to the City 77 Manager and in a form deemed satisfactory by the City Attorney. 78 79 80 day of , 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the APPROVED AS TO L SUFFICIENCY City Attorney CA12963 R-1 June 10, 2014 APPROVED AS TO CONTENT Economic Development APPROVED AS TO FUNDS ALILABILITY Finance Department EXHIBIT A SECOND AMENDED SUMMARY OF TERMS (TOWN CENTER — SECOND MODIFICATION TO PHASE V DEVELOPMENT AGREEMENT) Phase V of the Town Center Project will consist of a single -block, mixed-use development on Block 11 of Town Center CURRENT TERMS 1. Scope of Proposed Improvements Single -block, Multi -facility, Mixed-use Development / Main Building: 15 Stories • Parking Garage, approx. 950 Spaces (6 levels) • Office Tower, approximately 213,000 sq.ft. (9 levels above garage) • Apaitiuents above ground -level parking (4 floors - approximately 290 units) • Retail, Main Lobby and Apaitnlent Lobby (approximately 21,400 sq. ft.) 2. Developer Obligations A. Construct all improvements: • Office Tower • Main Lobby • First Floor Retail • Parking Garage • Apartments • Streetscapes B. Estimated Private Investment: $84.4 million C. Make payments totaling $3,850,000 between 2015 and 2023 to the Authority to prevent a shortfall in the TIF. Developer payment to be offset by construction of improvements on Block 9. 3. Authority Obligations A. Pay for Infrastructure Improvements: • Estimated Cost: $1,000,000 • To include streetscapes, utilities, traffic signals B. Lease 1 floor in new 16 -story Office Tower. • Leased Area: — 20,000 square feet • VBDA's rent— Starting at $28.25 per square foot • Rate not to be higher than anchor tenant C. Purchase Parking Garage: • Estimated Cost: not to exceed $20 million • Exact price to be determined based on construction costs 4. Other Terms: A. New Office Tower to be anchored by Clark Nexsen. • Leasing 4 full floors • Anticipate approx. 350 employees to relocate to Virginia Beach B. Developer to construct a temporary parking lot on Block 9 to partially replace spaces lost during construction. Cost to be split between Developer and Authority (Authority's share, estimated at $75,000, to come from $1 million infrastructure budget). PROPOSED MODIFICATIONS 5. Realignment of Retail and Parking: A. Parking garage to contain up to 927 spaces (23 -space reduction). B. Retail space to increase by approx. 5,257 square feet for a total of 26,657. C. Cost to realign garage/retail approx. $100,000 to be added to garage costs and paid by Authority from TIF Funds (total Authority cost for garage not to exceed $20,100,000). CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Exempt from Local Taxation Certain Real and Personal Property Used by the Military Aviation Museum for Exhibition or Educational Purposes MEETING DATE: June 17, 2014 • Background: The Military Aviation Museum (the "Museum") is located on more than a hundred acres just south of the Pungo area in Virginia Beach. The Museum is a nonprofit organization exempt from federal income taxation under § 501(c) (3) of the Internal Revenue Code. The museum includes a reproduction of World War 11 hangers, modern exhibit space, and many other ancillary buildings. This facility hosts tens of thousands of visitors per year and is a tremendous educational tool to show students, both young and old, improvements to aviation through military usage and the "inventedness" of man. This is also a substantial tourism attraction. • Considerations: The City's Legislative Agenda included a request that the General Assembly provide enabling legislation for tax relief for the Museum. This request was granted by the General Assembly in its 2014 Session. This legislation was required because of the ownership structure of the Museum and exhibits. The real and personal property is owned by a for-profit entity, but the real and personal property is exclusively used by the non-profit museum. If the property was directly owned by a non-profit museum, it would be exempt from taxation without this Council action. The real property that would be exempted from taxes generates approximately $80,000 each year. The City Manager will be directed to make an adjustment in the FY2014-15 Operating Budget to reflect the foregone tax revenues. The effective date of this ordinance is July 1, 2014, which is also the effective date of the General Assembly legislation. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance Requested by Councilmember Wilson REQUESTED BY COUNCILMEMBER WILSON 1 AN ORDINANCE TO EXEMPT FROM LOCAL 2 TAXATION CERTAIN REAL AND PERSONAL 3 PROPERTY USED BY THE MILITARY 4 AVIATION MUSEUM FOR EXHIBITION OR 5 EDUCATIONAL PURPOSES 6 WHEREAS, the Military Aviation Museum is a nonprofit organization exempt from 7 federal income taxation under § 501(c) (3) of the Internal Revenue Code; and 8 WHEREAS, the Military Aviation Museum has been provided the exclusive use of 9 certain real and personal property to exhibit or display Warbirds to the general public for 10 educational purposes, including such flights as are necessary for testing, maintaining, or 11 preparing such aircraft for safe operation, or demonstrate the performance of Warbirds 12 at airshows and flight demonstrations of Warbirds, including such flights as are 13 necessary for testing, maintaining, or preparing such aircraft for safe operations; and 14 WHEREAS, for purposes of this ordinance, "Warbirds" means airplanes that 15 were manufactured prior to 1955 and intended for military use; 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF 17 VIRGINIA BEACH, VIRGINIA, THAT 18 1. That the real and personal property subject to the sole use or occupancy of 19 the Military Aviation Museum to exhibit or display Warbirds to the general 20 public or otherwise use Warbirds for educational purpose is hereby exempt 21 from local property taxation. 22 23 2. That this exemption is contingent on the following: 24 (a) continued use of the property by the Military Aviation Museum for 25 exhibition or display to the general public or otherwise use for educational 26 purposes; 27 (b) that each July 1, the Military Aviation Museum shall file with the 28 Commissioner of the Revenue a copy of its most recent federal income 29 tax return, or if no such return is required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 (c) that every three years, in accordance with State law, beginning on 32 January 1, 2017, the Virginia Aviation Museum shall file an exemption 33 application with the Commissioner of the Revenue as a requirement for 34 retention of the exempt status of the property; and 35 (d) that the Virginia Aviation Museum cooperate fully with the Commissioner 36 of the Revenue with respect to compliance with the terms of this 37 ordinance. 38 39 3. That the effective date of this ordinance shall be July 1, 2014. 40 41 4. The City Manager is directed to reduce revenues and expenditures in the 42 FY2014-15 Operating Budget to reflect the exemption provided herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. AS TO LEGAL SUFFICIENCY: CA13001 R-2 May 1,2014 ,u r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of an existing City drainage easement into a waterway known as North Bay, located at the rear of 361 Back Bay Crescent, for Joan R. Davis, Trustee of the Joan R. Davis Lifetime Qualified Terminable Interest Property (QTIP) Trust MEETING DATE: June 17, 2014 • Background: Joan R. Davis, Trustee for the Joan R. Davis Lifetime QTIP Trust, dated October 22, 2008, has requested permission to maintain an existing marginal wharf, covered boat lift and a 10' x 14' dock, into a portion of an existing City drainage easement into a waterway known as North Bay (Western -edge of Sandbridge), located at the rear of 361 Back Bay Crescent. There are similar encroachments in North Bay — and in other bodies of water located in Sandbridge — which is where Ms. Davis has requested to encroach. Several Council approved encroachment agreements and construction permits were identified for these encroachments. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. The applicant currently maintains an existing vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environment and Sustainability Office. The existing buffer consists of a mulched planting bed, which runs primarily along the shoreline adjoining the applicant's property. However, this buffer does not extend for the full shoreline. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the full 15 -foot - wide vegetated riparian buffer area cannot be established on the property. Therefore, the applicant shall make a SEVEN HUNDRED AND FIFTY DOLLAR ($750.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City -owned property. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate 1 City Manager: P4, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 6 60' CITY DRAINAGE EASEMENT INTO 7 A WATERWAY KNOWN AS NORTH 8 BAY, LOCATED AT THE REAR OF 361 9 BACK BAY CRESCENT, FOR JOAN R. 10 DAVIS, TRUSTEE OF THE JOAN R. 11 DAVIS LIFETIME QUALIFIED 12 TERMINABLE INTEREST PROPERTY 13 (QTIP) TRUST 14 15 WHEREAS, Joan R. Davis, Trustee of the Joan R. Davis Lifetime QTIP Trust, 16 dated October 22, 2008, has requested on behalf of the Trust to maintain an existing 17 marginal wharf, covered boat lift and a 10' x 14' dock, upon a portion of a 60' City 18 drainage easement into a waterway known as North Bay (Western -edge of 19 Sandbridge), located at the rear of 361 Back Bay Crescent, in the City of Virginia 20 Beach, Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Joan R. Davis, Trustee 30 Under The Joan R. Davis Lifetime QTIP Trust, its assigns and successors in title are 31 authorized to maintain temporary encroachments for an existing marginal wharf, 32 covered boat lift and a 10' x 14' dock, upon a portion of City property as shown on the 33 map marked Exhibit "A" and entitled: "LOCATION: NORTH BAY INLET FOR: JOAN 34 DAVIS 361 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 PROJECT: ATF 35 ROOF OVER PREVIOUSLY AUTHORIZED BOAT LIFT DATUM: 0.00 = MLW = -.04' 36 1929 NGVD DATE: JULY 30, 2011 REVISED: SEPTEMBER 21, 2011 PLAN VIEW 37 SCALE: 1" = 40' SHEET 2 OF 3", prepared by JOHN W. BLAKE, II, PROFESSIONAL 38 ENGINEER, a copy of which is on file in the Department of Public Works and to which 39 reference is made for a more particular description; and 40 41 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 42 subject to those terms, conditions and criteria contained in the Agreement between the 43 City of Virginia Beach and Joan R. Davis (the "Agreement"), which is attached hereto 44 and incorporated by reference; and 45 46 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 47 hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 50 time as Joan R. Davis, Trustee and the City Manager or his authorized designee 51 execute the Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 54 Of , 2014. CA -11964 R-1 PREPARED: 06/04/2014 APPROVED AS TO CONTENTS �. L C�•��5�� APPROVED AS TO LEGAL SUFFICIENCY AND FORM R_, LIC WORKS, REAL ESTATE DANA_: 'AR YER, ASSOCIATE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 22nd day of May, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOAN R. DAVIS, TRUSTEE, UNDER THE JOAN R. DAVIS LIFETIME QTIP TRUST, dated October 22, 2008, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 55, Section 3, Back Bay Meadows", as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA. SCALE 1" = 100', prepared by W. B. Gallup, Certified Land Surveyor," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 361 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing marginal wharf, covered boat lift and a 10' x 14' dock, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GP IIV'J: 24.33-27-3415-0000; (CITY PROPERTY KNOWN AS A le.I T Y DRAINAGE EASEMENT) 2433-22-3992-0000; (361 Back Bay Crescent) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City drainage easement into a waterway known as North Bay, located at the rear of 361 Back Bay Crescent known as Back Bay Meadows, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "LOCATION: NORTH BAY INLET FOR: JOAN DAVIS 361 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 PROJECT: ATF ROOF OVER PREVIOUSLY AUTHORIZED BOAT LIFT DATUM: 0.00 = MLW = -.04' 1929 NGVD DATE: JULY 30, 2011 REVISED: SEPTEMBER 21, 2011 PLAN VIEW SCALE: 1" = 40' SHEET 2 OF 3", prepared by JOHN W. BLAKE, II, PROFESSIONAL ENGINEER, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shah be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee shall maintain an existing vegetated riparian buffer, which is a minimum of 15 feet in width landward from the shoreline, and runs a total of 15 feet in length (225 sq. ft.) along the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer") of a size and species of the Grantee's choice. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED AND FIFTY DOLLAR ($750.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the 600 sq. ft. riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property elsewhere in the Back Bay watershed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or 4 contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 5 IN WITNESS WHEREOF, Joan R. Davis, Trustee Under The Joan R. Davis Lifetime QTIP Trust, dated October 22, 2008, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRG!N!A BEACH to -:Alit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 JOAN R. DAVIS By STATE OF \11t&tNtA J •A DAVIS, TUSTEE UNDER TH JOAN R. D A VIS LIFETIME QTIP TRUST CITY/CO-UN-TY OFV t 11, - UJ ► A fp.-CA- , to -wit: The foregoing instrument was acknowledged before me this 7.1 day of Ail A y , 2043, by Joan R. Davis, Trustee Under The Joan R. Davis Lifetime QTIP Trust. MELISSA H. KELLEY NOTARY PUBLIC 7561926 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28, 2017 Notary Registration Number: 15 Le 1 cri--)(to My Commission Expires: 2 12 /2-01-7 (SEAL) APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM al NATURE DAN ' . ARM YER, ASSOCIATE CITY ATTORNEY IKEni DEPARTMENT 8 APO 3 N PLAN VIEW SCALE: 1" = 40' NORTH BAY EXISTING MARGINAL WHARF ATF ROOF OVER EXISTING BOAT LIFT 15'11'x24'6' EXISTING 10' X 14' DOCK f FLOOD EBB\ 1 • Vtj ' - ° r , r/' 734 p .b / g�, 1 4iy�J (}Aif1L �:: _ /c,-;.--5.7.A.-;- APO1 EXISTING SFR #361 EXISTING BULKHEAD APO 2 CONCRETE DRIVEWAY BACK BAY CRESCENT 50' RAN REVISED: SEPTEMBER 21, 2011 APOs HENRY & CONSTANCE RICHESON 2. FRED JENKINS 3. USFWS — BACK BAY NWR LOCATION: NORTH BAY INLET FOR: JOAN DAVIS 361BACK BAY CRESCENT VIRGINIA BEACH. VA 23456 PROJECT: ATF ROOF OVER PREVIOUSLY AUTHORIZED BOAT LIFT DATUM: 0.00 = MLW = -.04' 1929 NGVD DATE JULY 30, 2011 SHEET 2 CR 361 Back Bay Crescent (Davis) GPIN 2433-22-3992 12433-223992 Legend City Property LOCATION MAP ENCROACHMENT REQUEST FOR JOAN R. DAVIS 361 BACK BAY CRESCENT GPIN 2433-22-3992 CIIMMIFee1 0 50 100 200 Nepared or PW/Eng,eng SUPpo Seances Bane. ut n: Apecc ,ARC F9esAGENDA ka..fl.G Bay CA2433-22.3992 mxd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right-of-way known as Red Tide Road, by The Breakers II Condominium Association, Inc. MEETING DATE: June 17, 2014 • Background: The Breakers II Condominium Association, Inc. has requested permission to remove, replace and maintain the second floor balcony decks, to maintain a vinyl privacy fence (6 ft.), a portion of the building and a portion of an HVAC unit, all currently existing in a portion of the City right-of-way known as Red Tide Road. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. This item was presented to the Board of Zoning Appeals ("the BZA") at its meeting on January 15, 2014, and approved subject to certain conditions, including obtaining an encroachment for the fence. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate U P City Manager: S4- • "R /� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS RED 7 TIDE ROAD, BY THE BREAKERS II 8 CONDOMINIUM ASSOCIATION, INC. 9 10 WHEREAS, The Breakers II Condominium Association, Inc. desires to remove, 11 replace and maintain the second floor balcony decks, to maintain a vinyl privacy fence 12 (6 ft.), a portion of the building and a portion of an HVAC unit, all currently existing 13 within the City right-of-way, located in the 2300 block of Red Tide Road, in the City of 14 Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's right-of-way subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, The Breakers II 24 Condominium Association, Inc. its assigns and successors in title are authorized to 25 maintain temporary encroachments to remove, replace and maintain second floor 26 balcony decks, maintain a vinyl privacy fence (6 ft.), a portion of the building and a 27 portion of an HVAC unit, into a portion of an existing City right-of-way known as Red 28 Tide Road as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A, 29 ENCROACHMENT OF A PORTION OF THE BREAKERS II CONDOMINIUMS ONTO 30 THE RIGHT-OF-WAY OF RED TIDE ROAD, VIRGINIA BEACH, VIRGINIA Date: 31 02/20/14 (Revised 3-21-2014) Scale: 1" = 10' Sheet 1 of 2," a copy of which is on file in 32 the Department of Public Works and to which reference is made for a more particular 33 description; and 34 35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and The Breakers II Condominium Association, Inc. (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 44 time as The Breakers II Condominium Association, Inc. and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of , 2014. CA -12940 R-1 PREPARED: 5/21/14 APPROVED AS TO CONTENTS DA 4n6 3id(1y PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM EYER, AS •CIATE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 3rd day of June, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE BREAKERS II CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOTS 4, 5, & 6, BLOCK E"; as shown on that certain plat entitled: "PLAT OF BREAKERS II CONDOMINIUMS LOTS 4, 5, & 6, BLOCK E, LYNNHAVEN BEACH, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA Date: 10- 4-83 Scale: 1" = 25'," prepared by Engineering Services, Inc., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 171, at page 51, and being further designated, known, and described as 2300 — 2314 Catamaran Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove, replace and maintain the second floor balcony decks to encroach 0.1' — 0.4', to maintain a vinyl privacy fence (6 ft.) encroaching 0.6' — 0.8', a portion of the building encroaching 0.4' and a HVAC unit encroaching 0.1', all currently existing, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (CITY RIGHT- OF- WAY — NO GPIN REQUIRED OR ASSIGNED) 1590-10-9689-0000; (Condo Association Master for 2300-2314 Catamaran Court) I WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Red Tide Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A, ENCROACHMENT OF A PORTION OF THE BREAKERS II CONDOMINIUMS ONTO THE RIGHT-OF-WAY OF RED TIDE ROAD, VIRGINIA BEACH, VIRGINIA Date: 02/20/14 (Revised 3-21-2014) Scale: 1" = 10'," said exhibit plat consist of two (2) sheets, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan by Public Works Traffic Engineering before commencing work in the Encroachment Area. This traffic control plan shall show where work or work vehicles will encroach into the City right-of-way and must indicate proper signs and barricades used for controlling traffic and pedestrians. The traffic plan must be included with the right-of-way permit. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that prior to issuance of a right- of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by 4 I" law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Grantee, The Breakers II Condominium Association, Inc., a Virginia non -stock corporation has caused this Agreement to be executed in its corporate name and on its behalf by Marsha Aiken, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 I STATE OF U CITY/GGEN-W 0 THE BREAKERS II CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock corporation By' 4,- Marsha Aiken, President , to -wit: The foregoing instrument was acknowledged before me this (SEAL) tt� day of 2014, by Marsha Aiken, as President of THE BREAKERS II CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock corporation. Notary Registration Number: 7 34 gO2 My Commission Expires: APPROVED AS TO CONTENTS DAT C,N.31,tim 3, PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION Notary Publi 7 t• • APPROVED AS TO LEGAL SUFFICIENCY AND FORM r DAR. ASSO .oe CI Y ATTORNEY Y R -OCEAN SHORE AVENUE (60' RNV N84'39'00'E 149.78' SEE DETAIL THIS SHEET z 1- z c 4.0' 4.1' II `OJ I r,") z Nr Z rid 4.0' 10 0.2' DECK O ENCROACHMENT 2.1' (o 1) a- 2.1' 0.8' FENCE ENCROACHMENT 0.4' DECK ENCROACHMENT. at n� rn& O N O N LS EM91' 0 0.4' DECK ENCROACHMENT 0 o�/ LL W 0 1- 0.4' DECK ENCROACHMENT 0 w 1 -J w N "fij MATCHLINE - SEE SHEET 2 COMMON WALL ELECTRIC OVERHEAD WIRE VINYL FENCE PROPERTY MARKER LEGEND FOUND SET DESCRIPTION 0 PIN(F) • PIN(S) PIN DETAIL SCALE: 1" = 1' engineering services, inc. E a 0.8' FENCE ENCROACHMENT 0.4' BUILDING ENCROACHMENT 0.4' DECK ENCROACHMENT 0.1' HVAC ENCROACHMENT 0 Civil Engineering — Land Surveying 3351 Stoneshore Rood, Virginia Beoch, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E—mail: emailOesiofva.com 10 20 30 EXHIBIT A, ENCROACHMENT OF A PORTION OF THE BREAKERS II CONDOMINIUMS ONTO THE RIGHT-OF-WAY OF RED TIDE ROAD VIRGINIA BEACH, VIRGINIA Date 02/20/14 Project Scale Drown By Source Drawing Path\Name, Layout 13116 1 "=10' DMV M.B.171, PG.51 tl:\13\116\Surveys\13116 Exhibit.dwg, 001 1 S 0 MATCHLINE - SEE SHEET 1 4.0' ti • O � 00 0.1' DECK 11'— ENCROACHMENT e 3 oz ct z5 0.1' DECK ENCR 0 WNN L.1. 4.0' r ▪ 1 2.1' E [ W t 0 0 N to 0 (o 2.1' 4.0' 0.1' DECK ENCROACHMENT. SEE DETAIL —THIS SHEET o �.. III• 0.6' FENCE ENCROACHMENT S84'39'00'W 149.78' '°i LEGEND (NOT TO SCALE) HVAC EQUIPMENT ® CATV PEDESTAL }--- ELECTRIC GUY WIRE 0 ELECTRIC POWER POLE 0---1111Z ELECTRIC STREET LIGHT 1: V/A CONCRETE WOOD DECK [ DETAIL SCALE: 1" =1' 0.1' DECK ENCROACHMENT 0.6' FENCE ENCROACHMENT 0 LL engineering services, inc. Civil Engineering — Land Surveying 3351 Stoneshore Road, Virginia Beoch, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E—mail: emailOesiofva.com %ACTH pF 0V3P-21•tol¢ .1. ) G'r EDWARD F. RUDIGER, JR. 9 Lic. No. 1698 9 4 �1ST* �i�0 10 20 30 EXHIBIT A, ENCROACHMENT OF A PORTION OF THE BREAKERS II CONDOMINIUMS ONTO THE RIGHT-OF-WAY OF RED TIDE ROAD VIRGINIA BEACH, VIRGINIA Date 02/20/14 Project Scale Drown By Source Drawing Path\Name, Layout 13116 _ 1"=10' DMV _ M.B.171, PG.51 _ M:\13\116\Surveys\13116 Exhibitdwg, 002 (-7.) SITE if - frt lenersir 1590-10-9689 trI 0 rr, LOCATION MAP ENCROACHMENT REQUEST FOR The Breakers II Condominiums, Inc. GPIN 1590-10-9689 mii===1Feet 0 50 100 200 arc -O try ON:Eng 2Eng Suopor1Seru1oes But ..1 Vt1 X.',-CA017,PrOfiebtAR: F 64.14ENDP3rFIAAPF2. 11 Cmclorn 'laic 1S ;C. 1 Z-Sei 1Scr3-1046E4 ..rx1 ITEMS: (1) An Ordinance to authorize Temporary Encroachments into a portion of City property known as Bass Inlet -East, located at the rear of 2805 Sandpiper Road, for property owners David L. Merritt and Bonnie A. Merritt (2) An Ordinance to authorize Temporary Encroachments into a portion of City property known as Bass Inlet -East, located at the rear of 2805 Sandpiper Road, for property owner of 301 Tuna Lane, Deborah M. Costello MEETING DATE: June 17, 2014 • Background: The original application for the encroachments at the rear of 2805 Sandpiper Road was filed in 2007. In the intervening years, David L. Merritt and Bonnie A. Merritt, owners of 2805 Sandpiper Road, and Deborah M. Costello, owner of 301 Tuna Lane, have been engaged in litigation, naming the City as a party to such proceedings. The litigation primarily concerns a 10' by 20' strip of land accessing two wood decks, a pier, a walkway, a wood piling and a wood retaining wall. As a result of mediation, the Merritts and Ms. Costello are pursuing these two encroachments amicably. As set forth herein, David L. Merritt and Bonnie A. Merritt, owners of 2805 Sandpiper Road, request permission to remove an existing (vinyl) fence (located on the property line) and construct and maintain a proposed wood fence for an encroachment into a portion of City property. Deborah M. Costello, owner of 301 Tuna Lane, requests permission to maintain existing encroachments upon Bass Inlet -East including two (2) existing wood decks (3.2' X 7.3' and 8.2' X 16.0'), a walkway, wood piling and a wood retaining wall. The wood pier and access walkway have existed for over twenty years. There are similar encroachments in Sandbridge Shores, which is where Mr. and Mrs. Merritt and Ms. Costello have requested to encroach. • Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. The applicants, Mr. and Mrs. Merritt have indicated that they do not desire to install the staffs recommended 15 -foot -wide vegetated riparian buffer. Therefore, the applicant shall make a TWO HUNDRED EIGHTY FIVE DOLLAR ($285.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the riparian buffer area that the applicant's desire not to install on their property. This payment will be used to restore buffer areas on other City -owned property. ■ Public Information: Advertisement of City Council Agenda • Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinances (2), Agreements (2), Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate Fck City Manager: I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS INLET - 7 EAST, LOCATED AT THE REAR OF 8 2805 SANDPIPER ROAD, FOR 9 PROPERTY OWNER OF 301 TUNA 10 LANE, DEBORAH A. COSTELLO 11 12 WHEREAS, Deborah A. Costello desires to maintain two (2) existing wood decks 13 (3.2' X 7.3' and 8.2' X 16.0'), a walkway, wood piling and a wood retaining wall upon a 14 portion of City property known as Bass Inlet -East, located at the rear of 2805 Sandpiper 15 Road, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Deborah M. Costello, her 25 heirs, assigns and successors in title are authorized to maintain temporary 26 encroachments to maintain two (2) existing wood decks (3.2' X 7.3' and 8.2' X 16.0'), a 27 walkway, wood piling and a wood retaining wall upon a portion of existing City property 28 known as Bass Inlet -East, as shown on the map marked Exhibit "A" and entitled: 29 "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED 30 WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 31 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' DECEMBER 26, 2012 32 SHEET 1 OF 2 GALLUP SURVEYORS & ENGINEERS, LTD.," a copy of which is on 33 file in the Department of Public Works and to which reference is made for a more 34 particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Deborah M. Costello (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Deborah M. Costello and the City Manager or his authorized designee execute 46 the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of , 2014. CA -12784 R-1 PREPARED: 6/3/2014 APPROVED AS TO CONTENTS Illi C . AuSCtfk. NATURE b .J1ti DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM MEYER, ASSOCIATE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 15th day of May, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DEBORAH M. COSTELLO, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 43 — Parcel 1", as shown on that certain plat entitled: "TRACT B — SECTION 3 SANDBRIDGE BEACH PRINCESS ANNE CO., VA. Scale: 1" = 100' June 1960", prepared by W. B. Gallup — Surveyor, said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 51, at page 25, and "Parcel 2", as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1A — NORTH AREA PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA. Scale: 1" = 100' Dec. 1, 1965", prepared by PALMER L. SMITH C.L.S. VIRGINIA BEACH, VA., said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 44, and being further designated, known, and described as 301 Tuna Lane, Virginia Beach, Virginia 23456; GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET- EAST) 2433-26-8535-0000; (301 Tuna Lane — Lot 43 — Parcel 1) 2433-26-7580-0000; (Parcel 2) WHEREAS, it is proposed by the Grantee to maintain two (2) existing wood decks (3.2' X 7.3' and 8.2' X 16.0'), a walkway, wood piling and a wood retaining wall (collectively), the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet -East, located at the rear of 2805 Sandpiper Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA," prepared by BRUCE W. GALLUP, LAND SURVEYOR, for GALLUP SURVEYORS & ENGINEERS, LTD., said exhibit plat consists of two (2) sheets, copies of which are attached hereto as Exhibit "A" 2 dated DECEMBER 26, 2012 SCALE: 1" = 20' and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per Incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 4 Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Deborah M. Costello, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STATE OF tI I CITY/,COLLpJTY OF Pa'i N\Ot`CA , to -wit: Deborah M. Costello, Owner The foregoing instrument was acknowledged before me this IC day of k ( , 2014, by Deborah M. Costello. Notary Registration Number: 15 t, 3S My Commission Expires: fQt3 3J � ao I`7 ....: --• I•v 1{,' TAMEKA L TYE '.11... Notary Public Commonwealth of Virginia 7567235 My Commission Expires May 31, 2017 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1T1'i}d' c I NATURE DEP RTMENT 7 ASSOCIATE CITY ATTORNEY 1 N/F C. BISHOP KNOTT, JR. I.N. 200303050033642 LOT 3 M.B. 67 P. 44 2433-26-6353 S 10'43'00' E PROPERTY OF CITY OF VIRGINIA BEACH "BASS INLET EAST" (M.B. 67 P. 44) 48. 78 P. 50) SEE DETAIL ON SHEET 2 y 10' PUSUC DRAINAGE & UTILITY EASEMENT EDGE OF M.B. 51 P. 25 WATER DECKS S 10'48'00 E N/F TRY STAR, LLC I.N. 200503040033429 LOT 2 M.B. 78 P. 50 2433-26-6412 N/F DOREEN R. KAHL UVING TRUST DATED 5/9/05 I.N. 200507050101805 LOT 1 M.B. 78 P. 50 2433-26-7427 ' TELEP.ONE UNE EASEHMENT M.B. 67 P. 44 N 10'48'00' W 130.00' ---— CEARCEL�— -- --g Wood R4U. WALtp 4O0 _ e 70.00' I° _-_r N/F REUBIN & BETTY G. MANNING D.B. 2545 P. 704 LOT 41 M.B. 41 P. 7 2433-26-9309 I u) tv0 N/F DAVID L & BONNIE A. g MERRITT I.N. 20080421000457340 LOT 42 M.B. 51 P. 25 2433-28-8487 a 0 (43) N/F DEBORAH M. COSTELLO D.B. 4250 P. 368 LOT 43 M.B. 51 P. 25 and PARCEL 1 M.B. 67 P. 44 2433-26-8535 93 0 S 10'48'00' E SANDPIPER ROAD (60' R/W) 48. 67 P. 44) EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE 1' 40' DECEMBER 26, 2012 IC 37-3 GAC4d . htaM00\06104.OWG,12/2812012 8:0630 AM, GALLUP SURVEYORS & ENGINEERS, LTD. 315 FlRST OOLONAL ROAD 1ARORIA emit %ORM 23454 (757)428-0132 1 1 2 Z f*1 Cpv R,-10.00' L=15.71' SHEET 1 OF 2 "BASS INLET EAST" EXIST. 3.2'x7.3' WOOD DECK EXIST. 8.2'x16.0' W000 DECK EXIST. WOOD PILING 10' PUBLIC DRAINAGE & UTILITY EASEMENT M.B. 51 P. 25 O O N/F DOREEN R. KAHL LIVING TRUST DATED 5/9/05 N 10'48'00" W EDGE OF WATER \.' •� 17' • .• w EXIST. WOOD RET. WALL-- 4 60.00' REMOVE EXISTING FENCE S 10'48'00° E N/F REUBIN & BETTY G. MANNING N /F DAVID L. & BONNIE A. MERRITT EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH. VIRGINIA SCALE: 1 ° - 20' DECEMBER 26. 2012 GALLUP SURVEYORS & ENGV4EERS. LTD. 315 MRST COLCIIM. ROAD MON. BEAM MRSINIA 43454 (75T42e-e132 SHEET 2 OF 2 GAMS - 399:400W0.104.DWG,12/28/2012 2:49:57 PM, 1.•20, BWG LL mum / X:\CADD\Proiects\ARC Files\AGENDA MAPS\Sandpiper Rd\2433-26-8467\2433-26-8535.mxd ices Bureau 06/04/2014 Prepared by P.W./Eng./Eng. Support Se 0 N J W J W Z Q Ow=Z Q 2 '- 0 0 0 - VVO OQOWo U� zO w� GPIN 2433-26-8535 and 2433-26-7580 :11••• • • a) w -J City Property 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS s INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS INLET - 7 EAST, LOCATED AT THE REAR OF 8 2805 SANDPIPER ROAD, FOR 9 PROPERTY OWNERS DAVID L. 10 MERRITT AND BONNIE A. MERRITT 11 12 WHEREAS, David L. Merritt and Bonnie A. Merritt desire to remove an existing 13 fence (located on the property line) and construct and maintain a proposed wood fence 14 upon a portion of City property known as Bass Inlet -East, located at the rear of 2805 15 Sandpiper Road, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David L. Merritt and Bonnie 25 A. Merritt, their heirs, assigns and successors in title are authorized to maintain 26 temporary encroachments to remove an existing fence (located on the property line) 27 and construct and maintain a proposed wood fence upon a portion of existing City 28 property known as Bass Inlet -East, as shown on the map marked Exhibit "A" and 29 entitled: "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & 30 PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE 31 SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' 32 DECEMBER 26, 2012 SHEET 1 OF 2 GALLUP SURVEYORS & ENGINEERS, LTD.," a 33 copy of which is on file in the Department of Public Works and to which reference is 34 made for a more particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and David L. Merritt and Bonnie A. Merritt (the "Agreement"), 39 which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as David L. Merritt and Bonnie A. Merritt and the City Manager or his authorized 46 designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of , 2014. CA -10576 R-1 PREPARED: 6/3/2014 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL NATURE DX4T)5 1/ PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION S CIENCY AND FORM ER, IAT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 30th day of May, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. MERRITT and BONNIE A. MERRITT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 42", as shown on that certain plat entitled: "REVISED PLAT — SANDBRIDGE SHORES SECTION 1A — NORTH AREA, Lots 45 — 50 — Approved M. J. Owens PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA. Scale: 1" = 100' Dec. 1, 1965, prepared by PALMER L. SMITH C.L.S. VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 78, at page 50, and being further designated, known, and described as 2805 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove an existing fence (located on the property line) and construct and maintain a proposed wood fence, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET- EAST) 2433-26-8467-0000; (2805 Sandpiper Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet-East, located at the rear of 2805 Sandpiper Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA," prepared by BRUCE W. GALLUP, LAND SURVEYOR, for GALLUP SURVEYORS & ENGINEERS, LTD., said exhibit plat consists of two (2) sheets, copies of which are attached hereto as Exhibit "A" dated DECEMBER 26, 2012 SCALE: 1" = 20' and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a TWO HUNDRED EIGHTY FIVE DOLLAR ($285.00) payment, payable to the City 3 Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that the Grantee does not desire to establish on their property; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess than $500,000.00, per person injured and property damage per Incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David L. Merritt and Bonnie A. Merritt, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 A .0 By ux %mar avid L. Merritt, Owner By onnie A. Merritt, Owner STATE OF Oa-- CITY/COUNTY OF0 to -wit: The foregoing instrument was acknowledged before me this fit] day of , 2014, by David L. Merritt. Notaj`ublic Notary Registration Number o 4 My Commission Expires: STATE OF --J CITY/COUNTY OF , to -wit: EAL) JACQUEI._INE I. HESTER i,10.] [ Y PLJBLIC r-- `',1vE=A LT H (SOF VIRGINIA 11Y E; I'„tiEXPIRES DECEMBER; 3120_ Ree;istration No. 209476 The foregoin instrument was acknowledged before me this 6—b day of >-11 , 2014, by Bonnie A. Merritt. Notary Registration Number: A D9-¢, 6 My Commission Expires: Cake..., j oZ� 7 JACQUELINE I. HESTER NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COQ I'MiiSSION EXPIRES DECEMBER; 3120 F FiecJistration No, 209476 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DA E 51 1y. PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 M ER, TE CITY ATTORNEY 1 N/F C. BISHOP KNOTT, M. I.N. 200303050033642 LOT 3 M.B. 67 P. 44 2433-26-6353 S 10'43'00' E PROPERTY OF CITY OF VIRGINIA BEACH "BASS INLET EAST (M.B. 67 P. 44) (M.B. 78 P. 50) SEE DETAIL ON SHEET 2 10' PUBUC DRAINAGE & 1.8 51 EP. 25 ASEMENT EDGE TER Jam° S 10'48'00 E DWOOOODD N/F TRY STAR, LLC I.N. 200503040033429 LOT 2 M.B. 78 P. 50 2433-26-6412 N/F DOREEN R. KAHL UVING TRUST DATED 5/9/05 I.N. 200507050101805 LOT 1 M.B. 78 P. 50 2433-26-7427 UNE EASEMENT M.B. 67 P. 44 N 10'48'00' W 130.00' W000----7.74,/ — je; —ARCEL — 70.00' ca g —P N/F REUBIN & BETTY G. MANNING 0.B. 2545 P. 704 LOT 41 M.B. 41 P. 7 2433-26-9309 t N iV0 N/F DAVID L. & BONNIE A. $ MERRITT I.N. 20080421000457340 LOT 42 M.B. 51 P. 25 2433-26-8467 a 0 43) N/F DEBORAH M. COSTELLO D.B. 4250 P. 368 LOT 43 M.B. 51 P. 25 and PARCEL 1 M.B. 67 P. 44 2433-26-8535 S 10'48'00" E SANDPIPER ROAD (60' R/W) (4.6. 67 P. 44) EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE 1' - 40' DECEMBER 26, 2012 C 37-3 Old - )NQ4001p0404.0 412/2W/2012 5.'06:30 AM, 1 R-10.00' L=15.71' SHEET 1 OF 2 "BASS INLET EAST" EXIST. 3.2'x7.3' WOOD DECK EXIST. 8.2'x16.0' WOOD DECK EXIST. WOOD PILING 10' PUBLIC DRAINAGE & U11UTY EASEMENT M.B. 51 P. 25 0 EDGE OF WATER EXIST. WOOD RET. WALL--"*"... 15.1' 15.1' CO P O N/F DOREEN R. KAHL LIVING TRUST DATED 5/9/05 N 10'48'00" W S 10'48'00" E REMOVE EXISTING FENCE 60.00' PROP. WOOD FENCE. L=19.7' N/F REUBIN & BETTY G. MANNING EXHIBIT N/F DAVID L. & BONNIE A. MERRITT ENCROACHMENT PLAT EXIS11NG WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH. VIRGINIA SCALE: 1' - 20' DECEMBER 26, 2012 GALLUP SURVEYORS & ENGINEERS. LTD. 315 FIRST COLONIAL ROAD 23454 (757)428-0132 SHEET2 OF 2 G:y061- 322303OV00-104.DM G,12/2S/2012 2:49:57 PM, 1:20, DWG 1 1 OP`P-R FzO SP,N 1- 1- I �w Lu < wce o0 I.I. zwco z z Z a OwOc'T. imo� Q=O6zN UU • az z cc O LL a) 0 0. 0 • • • a) a) LL •• , L() C•4 c:) • • E ccr C) 03)-J City Property M N c O to f./.. �•„ g L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One -Year Terms Beginning July 1, 2014, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 17, 2014 • Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2014, it is necessary to appoint viewers for one-year terms beginning July 1, 2014. ■ Public Information: This ordinance will be advertised as a routine agenda item. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager: I 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2014, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2014 and ending June 30, 2015. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2014 and ending June 30, 2015, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Departme of Planning CA13036 R-1 June 4, 2014 Z.C/-6/%c4c"------ City Attorney's Offi CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 17, 2014 • Background: City Charter § 3.05 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. All of the appointees were Virginia Retirement System ("VRS") members prior to July 1, 2010. State law mandates that the City require City employees who became VRS members prior to July 1, 2010, to make member contributions in an amount equal to five percent of their VRS total creditable compensation, and it requires the City to increase those employees' VRS total creditable compensation by the same percentage. The law allows the City to phase in the changes over a five-year period, and City Council required those employees in 2012 to make member contributions equal to one percent of their VRS total creditable compensation and also provided an increase to that compensation for each employee in the same amount. The one percent annual phasing in continued last year, and this year, effective July 1, 2014, those employees will be required to contribute an additional one percent (for a total of three percent) of their VRS total compensation, and the employees will also receive the additional one percent increase mandated by state law. The budget ordinances adopted by City Council in May 2014 also provide, for all full- time employees, salary increases of .34%, effective July 1, 2014, and 1.66%, effective October 1, 2014. • Considerations: The attached ordinances make no changes to the appointees' compensation other than those required by the state law regarding VRS member contributions and the .34% and 1.66% salary increases that City Council previously approved for all full-time City employees. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 16 to require City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to two percent of their VRS total creditable 18 compensation; and (2) to increase those employees' VRS total creditable compensation 19 by an additional one percent; and 20 21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 22 to require City employees who became VRS members prior to July 1, 2010, to make 23 member contributions in an amount equal to three percent of their VRS total creditable 24 compensation; and (2) to increase those employees' VRS total creditable compensation 25 by an additional one percent; and 26 27 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 28 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 29 30 WHEREAS, the VRS total creditable compensation for the City Manager includes 31 his salary as well as the value of the City's contributions to his deferred compensation 32 plan and, as set forth in his employment contract, the City-paid premiums for his family 33 medical and dental insurance and long-term care insurance. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the base annual salary of the City Manager is $ 234,334.56; his car 39 allowance is and shall remain at $12,000 annually; the City's contribution to his deferred 40 compensation plan is and shall remain at $20,500 annually; and, in accordance with his 41 employment contract, the City shall continue to pay the total premium for his family 42 health and dental insurance and shall pay up to $2,684 annually on behalf of the City 43 Manager for long term care insurance. 44 45 2. That, beginning July 1, 2014, as required by state law and in accordance 46 with budget ordinances adopted by City Council in May 2014, the City Manager shall 47 pay, on a salary-reduction basis, VRS member contributions in an amount equal to 48 three percent of his VRS total creditable compensation, and his base salary as set forth I 49 in paragraph 1 shall be increased in an amount equal to one percent of his VRS total 50 creditable compensation. 51 52 3. Along with all other full-time City employees, the City Manager shall also 53 receive a salary increase of .34%, effective July 1, 2014, and 1.66%, effective October 54 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: ;Z441-4‘ €T.----' City Attorney's Offic CA12999 R-1 June 6, 2014 I 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 30 31 WHEREAS, the VRS total creditable compensation for the City Attorney includes 32 his salary as well as the value of the City's contributions to his deferred compensation 33 plan. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the base annual salary of the City Attorney is $197,309.52, the City's 39 contribution to his deferred compensation plan is and shall remain at $10,000 annually, 40 and his car allowance is and shall remain at $10,000 annually. 41 42 2. That, beginning July 1, 2014, as required by state law and in accordance 43 with budget ordinances adopted by City Council in May 2014, the City Attorney shall 44 pay, on a salary -reduction basis, VRS member contributions in an amount equal to 45 three percent of his VRS total creditable compensation, and his base salary as set forth 46 in paragraph 1 shall be 47 creditable compensation 48 49 3. Along with 50 receive salary increases 51 2014. increased in an amount equal to one percent of his VRS total • all other full-time City employees, the City Attorney shall also of .34%, effective July 1, 2014, and 1.66%, effective October 1, Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA12998 R-1 June 6, 2014 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 16 to require City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to two percent of their VRS total creditable 18 compensation; and (2) to increase those employees' VRS total creditable compensation 19 by an additional one percent; and 20 21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 22 to require City employees who became VRS members prior to July 1, 2010, to make 23 member contributions in an amount equal to three percent of their VRS total creditable 24 compensation; and (2) to increase those employees' VRS total creditable compensation 25 by an additional one percent; and 26 27 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 28 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 29 30 WHEREAS, the VRS total creditable compensation for the City Clerk consists of 31 only her salary. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 1. That the base annual salary of the City Clerk is $111,000.72, and her car 37 allowance is and shall remain at $10,000 annually. 38 39 2. That, beginning July 1, 2014, as required by state law and in accordance 40 with budget ordinances adopted by City Council in May 2014, the City Clerk shall pay, 41 on a salary-reduction basis, VRS member contributions in an amount equal to three 42 percent of her VRS total creditable compensation, and her base salary as set forth in 43 paragraph 1 shall be increased in an amount equal to one percent of her VRS total 44 creditable compensation. 45 46 3. Along with all other full-time City employees, the City Clerk shall also 47 receive salary increases of .34%, effective July 1, 2014, and 1.66%, effective October 1, 48 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: G City Attorney's Off CA12996 R-1 June 6, 2014 I 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 30 31 WHEREAS, the VRS total creditable compensation for the City Real Estate 32 Assessor includes his salary as well as the value of the City's contributions to his 33 deferred compensation plan. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the base annual salary of the City Real Estate Assessor is 39 $128,713.68, and the City's contribution to his deferred compensation plan is and shall 40 remain at $4,000 annually. 41 42 2. That, beginning July 1, 2014, as required by state law and in accordance 43 with budget ordinances adopted by City Council in May 2014, the City Real Estate 44 Assessor shall pay, on a salary -reduction basis, VRS member contributions in an 45 amount equal to three percent of his VRS total creditable compensation, and his base I 46 salary as set forth in paragraph 1 shall be increased in an amount equal to one percent 47 of his VRS total creditable compensation. 48 49 3. Along with all other full-time City employees, the City Real Estate 50 Assessor shall also receive a salary increase of .34%, effective July 1, 2014, and 51 1.66%, effective October 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: >re7e4�Ze=d City Attorney's Offic CA12995 R-1 June 6, 2014 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 30 31 WHEREAS, the VRS total creditable compensation for the City Auditor consists 32 of only his salary. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the base annual salary of the City Auditor is $109,792.80, and his car 38 allowance is and shall remain at $6,000 annually. 39 40 2. That, beginning July 1, 2014, as required by state law and in accordance 41 with budget ordinances adopted by City Council in May 2014, the City Auditor shall pay, 42 on a salary-reduction basis, VRS member contributions in an amount equal to three 43 percent of his VRS total creditable compensation, and his base salary as set forth in 44 paragraph 1 shall be increased in an amount equal to one percent of his VRS total 45 creditable compensation. 46 47 3. Along with all other full-time City employees, the City Auditor shall also 48 receive salary increases of .34%, effective July 1, 2014, and 1.66%, effective October 1, 49 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA12997 R-1 June 6, 2014 ITEM: An Ordinance to Transfer Appropriations to the Sheriff's Office to Pay for Expenses Related to the Inmate Medical Contract MEETING DATE: June 17, 2014 ■ Background: Recently, the Sheriff's Office informed the City of several budget related issues that will require City Council action to resolve. The first issue is related to a shortage of funds available to meet year-end medical services contract obligations. Costs associated with providing health services to inmates are anticipated to exceed budget by $566,122. These cost overruns are due to unforeseen inmate medical expenses in both the cost of treatment and the cost of prescription drugs. The Sheriff's Office FY 2013-14 Operating Budget does not have the capacity to absorb this cost overrun and as a result the Sheriff's Office request that the City increase the FY 2013- 14 General Fund transfer to support these expenses. Included within the Sheriff's Office FY 2013-14 Operating Budget is a dedicated compensation reserve of $431,849, of which $230,000 was transferred to address compensation issues. Remaining within this dedicated reserve is $201,849. ■ Considerations: The Sheriff's Office requests transferring funds to address the anticipated $566,122 overrun. This can be accomplished by releasing the remaining $201,849 of the compensation reserve and transferring/repurposing $364,273 from the General Fund's Sequestration Reserve. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Recommendations: Approve the attached transfer. ■ Attachment: Ordinance Submitting Department/Agency: Sheriff's Office City Manager: 11 ,11.0e1 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 TO THE SHERIFF'S OFFICE TO PAY FOR 3 EXPENSES RELATED TO THE INMATE MEDICAL 4 CONTRACT 5 6 WHEREAS, the Sheriff's Office has requested assistance from the City to meet 7 inmate medical services cost for the remainder of the fiscal year; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. $201,849 is hereby transferred from the Compensation Reserve to the 13 Operating Account, both within the FY2013-14 Operating Budget of the Sheriff's Office, 14 to address cost overages related to the inmate medical services contact; and 15 16 2. $364,273 is hereby transferred from the Sequestration Reserve of the 17 General Fund to the Operating Account of the FY2013-14 Operating Budget of the 18 Sheriff's Office to address cost overages related to the inmate medical contract. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CA13038 R-1 June 4, 2014 CityA O 'ce CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Donated Funds Beach Little League, Inc., to Construct Improvements Community Park MEETING DATE: June 17, 2014 from the Virginia in Ocean Lakes • Background: The Virginia Beach Little League, Inc., ("VBLL") leases 15 acres of City Park Property in Ocean Lakes Community Park to conduct its youth baseball league operations. In accordance with the terms and conditions of their lease with the City, the League Board requested approval to construct concrete walkway improvements to one of their baseball fields to make it ADA compliant. These changes will allow the field to be utilized as a Challenger Field for physically challenged youth baseball games. The Department of Parks and Recreation developed a master plan for the walkway improvements and coordinated all construction work. VBLL agreed to contribute $6,000 toward the cost of the project. • Considerations: The VBLL donation is $6,000, which covers a portion of the construction cost for the ADA compliant parking and walkway improvements for the leased premises. The total cost of this project is $39,500. The remaining balance of the project is being funded by the City. • Public Information: This item will be advertised as part of the regular Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and RecreatiorrC City Manager: 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE DONATED FUNDS FROM THE 3 VIRGINIA BEACH LITTLE LEAGUE, INC., TO 4 CONSTRUCT IMPROVEMENTS IN OCEAN 5 LAKES COMMUNITY PARK 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $6,000 is hereby accepted and appropriated, with donation revenue 11 increased accordingly, to CIP 4-307, "Athletic Fields Lighting & Renovations III," to 12 partially fund the cost of ADA compliant capital improvements in Ocean Lakes 13 Community Park. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: d Management Services CA13034 R-1 June 2, 2014 J. PLANNING L Application of CARMAX AUTO SUPERSTORES, INC. for Modification of Conditions of a Conditional Use Permit (approved March 25, 2003) re car storage at 3801 and 3789 Bonney Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: 2. Application of MICHAEL D. SIFEN and GEORGE STREET CORP. for a Conditional Use Permit re indoor Self -Storage at 3443 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN APPROVAL RECOMMENDATION: 3. Application of HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a Communication Tower at 5332 Shore Drive DISTRICT 4 — BAYSIDE APPROVAL RECOMMENDATION: 4. Application of ROBERT JEFFERY MOREAU for a Conditional Use Permit re firearm sales and repair at 1405 Ships Landing DISTRICT 1 — CENTERVILLE 5. Application of SUZETTE CIVIL -NOEL for a Conditional Use Permit re a Daycare at 1941 Glen View Court DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 6. Application of RODNEY PRICE/AEGEAN ASSOCIATES for a Conditional Use Permit re truck and trailer rentals at 4720B Princess Anne Road DISTRICT 2 - KEMPSVILLE APPROVAL RECOMMENDATION: 7. Application of MID -ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC for a Conditional Use Permit re fuel sales and a convenience store at 720 Independence Boulevard DISTRICT 4 — BAYSIDE APPROVAL RECOMMENDATION: 8. Application of LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON for a Conditional Use Permit re fuel sales and a convenience store at 4904 Haygood Road DISTRICT 4 — BAYSIDE APPROVAL RECOMMENDATION: APPROVAL 9. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to Conditional PD -H2 Planned Unit Development District at 2800 to 2900 Princess Anne Road (Deferred April 8, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: INDEFINITE DEFERRAL 10. Applications of VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/City of Virginia Beach in Princess Anne Commons: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community Business District and AG -1 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re a Baseball Stadium b. Conditional Use Permit re a Baseball and Softball Tournament Complex RECOMMENDATION: APPROVAL 11. Applications of SANDBRIDGE TOWING, INC/EDDIE LEE COOPER and LINDA A. ACKISS at Princess Anne Lane and Princess Anne Road: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit re a towing service and storage yard RECOMMENDATION: 12. Applications of NEW CINGULAR WIRELESS PCS, LLC/CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road: DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning from Conditional PD -H2 Planned Development District to Conditional P-1 Preservation District. b. Conditional Use Permit re a communication tower (deferred April 22, 2014) RECOMMENDATION: APPROVAL 13. Application of KEMPDEL, INC. — SHURNEY LANE for a Change of Zoning_from Conditional PD -H2 District to P-1 Preservation District re open space for a condominium at 881 Shurney Lane. DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 14. Applications of CITY OF VIRGINIA BEACH: a. AMEND §§1803 and 1804 of the City Zoning Ordinance (CZO) re Special Regulations for Discretionary Development Applications for Residential Uses in the Oceanfront Resort District b. AMEND §§400 and 401 of the City Zoning Ordinance (CZO) re the Purpose of the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and Agricultural -Related Products, and to REPEAL §241 re Riding Academies and Horses for Hire or Boarding c. AMEND the City Zoning Ordinance (CZO) re Oceanfront Resort District Height Map by changing the height zone at 1609 and 1701 Atlantic Avenue. d. Street Closure re a portion of former Oakmears Crescent now part of relocated Princess Anne Road e. Street Closure re unimproved right-of-way of Oakmears Crescent RECOMMENDATION: APPROVAL APPROVAL OS� � r� LL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARMAX AUTO SUPERSTORES, INC. (Applicant / Owner), Modification of Conditions of a Conditional Use Permit approved on March 25, 2003. 3801 & 3789 Bonney Road (GPINs 1487333397; 1487338449). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: June 17, 2014 • Background: On March 25, 2003, City Council approved a Change of Zoning on the subject site. The zoning was changed from 1-2 Heavy Industrial and B-2 Community Business Districts to Conditional 1-2 and B-2 zoning districts. Additionally, a Conditional Use Permit was approved for motor vehicle sales. As a condition of the approval, the site was to be developed in substantial conformance to the site plan that was approved with that application. The area that is subject to the applicant's current request for a modification was labeled "future expansion" on the approved site plan. Due to the lack of specificity of what "future expansion" encompassed, the applicant must apply for a modification to the conditions of the original Conditional Use Permit to use the subject site as desired for an overflow vehicle storage lot. • Considerations: The portion of the site included in this request is undeveloped. A portion of the site contains gravel cover and is currently used for overflow vehicle storage. The applicant is submitting this request to bring the area being used for vehicle storage into compliance with the Zoning Ordinance. The proposed improvements include paving the lot and installing a six-foot tall, solid, all-weather fence with Category I landscaping around its base. This fence will extend around the entire perimeter of the vehicle storage area, as shown on the submitted site plan. The storage area will include two gated access points from the existing parking lot and from Chestnut Avenue. Further details pertaining to the configuration of the storage area and screening, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. I CARMAX Page 2 of 3 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Condition 1 of the Conditional Use Permit approved by City Council on March 25, 2003 is hereby replaced with the following condition: With the exception of any modifications required by any of the other conditions listed below or as a result of development site plan review, the development of the site shall substantially conform with the site plan entitled "CARMAX STORE NO. 7130, VIRGINIA BEACH, VIRGINIA, MODIFICATION OF CONDITIONS," dated February 28, 2014, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of the other conditions of this Use Permit or as a result of the development site plan review process, Phase 1 of the development of the storage yard shall substantially conform with the site plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO. 7130, SITE PLAN," and further labeled by staff as "Phase 1." Said plan is dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc., has been exhibited to City Council, and is on file in the Planning Department. 3. With the exception of any modifications required by any of the other conditions or as a result of the development site plan review process, landscaping for Phase I of the development shall substantially conform to the landscaping plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO.7130, PLANT PLAN," dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc. Said plan has been exhibited to City Council, and is on file in the Planning Department. At the time Phase 2 is developed, the perimeter fencing and landscaping said plan shall be installed with Phase 2. 4. The original conditions of the Conditional Use Permit approved by City Council on March 25, 2003, except as herein amended, shall remain in full force and effect. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map I CARMAX Page3of3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department fes. City Manager: CarMax Auto Superstores, Inc. 'Zoning .w CnoMPlateho r/, .Spoor Poem*.. Modification of Conditions 2 May 14, 2014 Public Hearing APPLICANT & PROPERTY OWNER: CARMAX AUTO SUPERSTORES, INC. STAFF PLANNER: Kevin Kemp REQUEST: Modification of a Conditional Use Permit for Motor Vehicle Sales — approved by the City Council on March 25, 2003 ADDRESS / DESCRIPTION: 3789 Bonney Road GPIN: 14873384490000 ELECTION DISTRICT: SITE SIZE: AICUZ: LYNNHAVEN 144,449 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • Background On March 25, 2003, City Council approved a Change of Zoning on the subject site. The zoning was changed from 1-2 Heavy Industrial and B-2 Community Business Districts to Conditional 1-2 and B-2 zoning districts. Additionally, a Conditional Use Permit was approved for motor vehicle sales. As a condition of the approval, the site was to be developed in substantial conformance to the site plan that was approved with that application. The area that is subject to the applicant's current request for a modification was labeled "future expansion" on the approved site plan. Due to the lack of specificity of what "future expansion" encompassed, the applicant must apply for a modification to the conditions of the original Conditional Use Permit to use the subject site as desired for an overflow vehicle storage lot. Included in the Change of Zoning approved by City Council on March 25, 2003 was a condition that required all internal lot lines of the four sites included in the request be vacated to create one parcel. This was completed; however, the subject site of this request was subdivided out of the larger parcel on October 11, 2005. CARMAX AUTO SUPERSTORES, INC. Agenda Item 2 Page 1 1 Details The portion of the site included in this request is undeveloped. A portion of the site contains gravel cover and is currently used for overflow vehicle storage. The applicant is submitting this request to bring the area being used for vehicle storage into compliance with the Zoning Ordinance. The proposed improvements include paving the lot and installing a six-foot tall, solid, all-weather fence with Category I landscaping around its base. This fence will extend around the entire perimeter of the vehicle storage area, as shown on the submitted site plan. The storage area will include two gated access points from the existing parking lot and from Chestnut Avenue. The proposed vehicle storage area will be completed in phases. The first phase will include improving 1.05 acres at the south of the site. This lot will accommodate 165 vehicles. An additional 2.27 acres will be developed at a later date. As the additional area is developed for vehicle storage, it shall be paved and entirely enclosed with a six-foot tall, solid, all-weather fence with Category 1 landscaping. The proposed vehicle storage lot will be used for vehicles being sold to wholesale car buyers, and is not intended for general customer display. Gates at both access points will restrict access. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site used for motor vehicle storage SURROUNDING LAND USE AND ZONING:• North: • South: • • East: • • West: • NATURAL RESOURCE AND CULTURAL FEATURES: Bonney Road Vacant Land / B-2 Community Business District Interstate 264 Single-family dwellings / R-7.5 Residential District Chestnut Avenue Motor Vehicle Sales and Service / B-2 Community Business District &I-1 Light Industrial District Motor Vehicle Sales and Service / B-2 Community Business District The site is undeveloped. The northern portion of the site is a grass field. The southern portion of the site is gravel. There do not appear to be any natural resource or cultural features on the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Rosemont SGA Master Plan was adopted as a Comprehensive Plan amendment on September 13, 2011. The Rosemont SGA is envisioned as a transit -oriented residential village with complementary mixed use and office (p. 2-29). More specifically, the Rosemont SGA Master Plan identifies the subject property as a "Development Initiative" -- 'Carmax Redevelopment' site. The plan calls for a townhouse development organized around neighborhood parks and within easy walking distance of a potential transit station (p. 48). 4 • CARMAX AUTO SUPERSTORES,I1IC. Agenda Item 2 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The Rosemont SGA proposes studying a variety of alternatives for improvements to Bonney Road, which is currently an undivided four -lane urban minor arterial. There are no CIP projects on Bonney Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 16,700 ADT 1 14,800 to 22,800 ADT 1 (Level of Service "D") 27,400 ADT 1 (Level of Service "E") No change with the proposed use of a storage yard 'Average Daily Trips 4 EVALUATION AND RECOMMENDATION The applicant's proposed modification to the conditions of the current Use Permit consists of the development of a 3.32 -acre site for a storage yard for vehicles awaiting sale. While, as noted in the Comprehensive Plan section, the proposed use is not consistent with the Comprehensive Plan's recommendation for this area of the Rosemont SGA, the existing auto -related operation is consistent with the existing character of the area, and is deemed appropriate as a continued interim use until redevelopment trends of the surrounding area begin to redevelop consistent with the recommendations of the Rosemont SGA Master Plan. Moreover, rather than a comprehensive change in use or redevelopment of the site, the applicant's request is limited to gaining the ability to use an area of the subject site already suited for storage. Consistent with the Comprehensive Plan's Land Use Recommendation and Special Area Development Guidelines, as well as the Zoning Ordinance requirements for screening a bulk storage yard, the applicant will be paving the area used for vehicle storage, as well as installing all-weather, solid fencing with Category I landscaping around the perimeter of the storage area. The proposed development is an improvement from the existing condition of gravel and grass cover. The existing retention pond will be used for stormwater management. Compliance with stormwater regulations will be evaluated in greater detail during the detailed site plan review process. The bulk storage area will have limited access that is controlled by the motor vehicle sales operation, and be used only by wholesale car buyers. For the reasons stated above, staff recommends approval of the requested modification of the Conditional Use Permit, subject to the conditions below. CONDITIONS 0 1. Condition 1 of the Conditional Use Permit approved by City Council on March 25, 2003 is hereby replaced with the following condition: CARMAX AUTO SUPERSTORES, INC,. Agenda Item 2 Page 3 With the exception of any modifications required by any of the other conditions listed below or as a result of development site plan review, the development of the site shall substantially conform with the site plan entitled "CARMAX STORE NO. 7130, VIRGINIA BEACH, VIRGINIA, MODIFICATION OF CONDITIONS," dated February 28, 2014, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of the other conditions of this Use Permit or as a result of the development site plan review process, Phase 1 of the development of the storage yard shall substantially conform with the site plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO. 7130, SITE PLAN," and further labeled by staff as "Phase 1." Said plan is dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc., has been exhibited to City Council, and is on file in the Planning Department. 3. With the exception of any modifications required by any of the other conditions or as a result of the development site plan review process, landscaping for Phase I of the development shall substantially conform to the landscaping plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO.7130, PLANT PLAN," dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc. Said plan has been exhibited to City Council, and is on file in the Planning Department. At the time Phase 2 is developed, the perimeter fencing and landscaping said plan shall be installed with Phase 2. 4. The original conditions of the Conditional Use Permit approved by City Council on March 25, 2003, except as herein amended, shall remain in full force and effect. 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. CARMAX AUTO SUPERSTORES, Agenda Item 2 Page 4 Conditions of March 25, 2003 Use Permit 1. The development of the site shall substantially conform with the site plan entitled "Carmax Store No. 7130, Virginia Beach, Virginia, Preliminary Site Plan" dated January 22, 2003 exhibited to City Council and on file in the Planning Department. 'REQUESTED FOR MODIFICATION) 2. The building shall be developed in substantial conformance with the rendering entitled "Carmax Zoning Elevations" dated January 22, 2003 as exhibited to City Council and on file in the Planning Department. 3. The landscaping on the site shall substantially conform with the plan entitles "Carmax Store No. 7130, Virginia Beach, Virginia, Landscape Development Plan" dated November 12, 2002 exhibited to City Council and on file in the Planning Department. 4. The block wall surrounding the storage area shall be at least 6 feet in height and shall not exceed 8 feet in height. The block wall shall substantially conform to the exhibit entitled "Carmax Decorative Screen Wall Detail" exhibited to City Council and on file in the Planning Department. 5. A Board of Zoning Appeals variance is required to set the wall back 20 feet from 1-264 as shown on the site plan. If the variance is not granted, the wall shall be relocated to the 35 -foot setback required in the Zoning Ordinance. 6. All internal lot lines shall be vacated by plat. 7. Except for the masonry wall and parking expansion area shown o the site plan submitted to the Planning Department with this application, no structures or stormwater detention facilities shall be constructed within 65 feet of the current right-of-way of 1-264. 8. No outside storage of junk or salvage vehicles shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 9. There shall be no pennants, streamers, banners, balloons or searchlights displayed on the site at any time. 10. The applicant shall install Category! landscaping on the east side of the wall enclosing the area designated "Non -Saleable, 3.25 ac." On the plan referenced in Condition 1. CONDITIONS OF PREVIOUSLY APPROVED USE PERMIT CARMAX AUTO SUPERSTORES, INC, Agenda Item 2 Page 5 I r AERIAL OF SITE LOCATION CARMAX AUTO SUPERSTORES, INC. Agenda Item 2 Page 6 NOTES 1 0115 PRELIMINARY PLAN IS NOT INTENDED FOR CONSTRUCTION. 2. REOUIREO GREEN SPACE AND LANDSCAPING SHALL DE PRO.IOED MATH FINAL SITE PLAN .UBMITTAL, "ham: PARKING SC/gOOSF - AUTO SALES AND SER9TCE (ISP / 9005F) x (40,635 ST) • 46 SPACES 1 SP/270SF - OFFICE (ISP / 27050 x (17,662 SF) - 66 SPACES 1 SP/EMPLOYEE - EMPLOYEE ON MAX SHIFT (ISP / EMPI) X ('00 EMPL.) • 100 SPACES I TOTAL - 212 SPACES zi -.Y1 v 9«nh ZED 0 60' 120' 240' SCALE: 1" = 60'-0" Qi" Ni /3050010 31YS310XU6 318Y3100-NON 'df3/1500 201 S3M DNOUNd TROLLED ACCESS NON -SALEABLE 3.25 AC. U Ir rc3 I i — ` CI °' ` z n� ii -r-1 A- FE.:;`,. ----0 II I N °� I <,1 111 1 ilW' j1 1 I V`§ 11 1 , 'g< I I 1 1I �r —�I iI �ONU !1 11 1 1 1 I Ji I I ca 1 I L' l ��v 1 I BOrirlE s, 1 N 1 I 1 L� RAPD CONDITIONS PROPOSED SITE PLAN (Condition 1) CARMAX AUTO SUPERSTORES, INC. Agenda Item 2 Page 7 n iiy i 111 1, It, „lel ! 11!&1, \f 1b�I/� e 2 - ., PROPOSED SITE PLAN- FIRST PHASE (Condition 2) CARMAX AUTO SUPERSTORES, INC. Agenda Item 2 Page 8 f iI 101°0 OC l('ON 3H016 W•HOIRM VA 38O.LSH3dAS Olnv 3H1 X@11111M3 _CHZSINI/T AWAVE (VAR R AV .1Pc vu roczter. lor...c.• mitt �o% :J 474.1' u/u :24 75' Ips 91 :f. 11 I r -i h �hi-I 1'-i- E-+ 4-4- a--1—_�-- 113 Ih 1 PROPOSED LANDSCAPING PLAN- FIRST PHASE (Condition 3) CARMAX AUTO SUPERSTORES, INC. Agenda Item 2 Page 9 I PROPOSED PARKING PLAN- FIRST PHASE CARMAX AUTO SUPERSTORES, INC. Agenda Item 2 Page 10 LYNNHAVEN CarMax Auto Superstores, Inc. - VIRGINIA BEACH BLVD - 1iiw J:I/'t '■l`/ *tlKy Cal •' �''� kidMai•.s+F,.eP,Maffli31 06621 'Zoning with Conditions,Proffers. Open Space Promotion Modification of Conditions ZONING HISTORY # DATE REQUEST ACTION 1 02/11/2014 _ Modification of Conditional Use Permit (Automobile Repair) Approved 12/14/2004 Conditional Use Permit (Automobile Repair) Modification of Conditional Use Permit (Automobile Repair) Conditional Use Permit (Motor Vehicle Rental) Approved Approved Approved 09/28/2004 09/28/2004 09/09/2003 Conditional Use Permit (Motor Vehicle Sales) Approved 09/09/2003 Change of Zoning (1-1 to B-2) Approved Approved Approved 12/10/2002 Conditional Use Permit (Motor Vehicle Sales) 06/05/2001 Conditional Use Permit (Automobile Repair) 2 06/22/2010 Conditional Use Permit (Tattoo Parlor) Approved 3 12/01/2009 Conditional Use Permit (Motor Vehicle Sales & Service) Approved 4 03/25/2003 Conditional Use Permit (Motor Vehicle Sales) Approved Approved 03/25/2003 Change of Zoning (1-2 to Conditional B-2) 08/08/1988 Conditional Use Permit (Communications Tower) Approved 07/05/1988 Conditional Use Permit (Automobile Repair) Approved 5 09/28/2003 Conditional Use Permit (Mausoleum Cemetery) Approved 09/28/2003 Change of Zoning (B-2 to 0-1) Approved 6 07/13/1993 Conditional Use Permit (Motor Vehicle Rental) Approved 10/30/1989 Conditional Use Permit (Automobile Repair) Approved CARMAX AUTO SUPERSTORES, INC. Agenda Item 2 Page 11 V Does an official or employee of theme City of Virginia Beach have an interest in the pr.( subject land? Yes No IN 1i If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See Attachment B 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) See Attachment B Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) riCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes Modification of Conditions Application Page 8 of 9 Revised 11/1/2013 DISCLOSURE STATEMENT CARMAX AUTO SUPERSJORES,F`I VC, Agenda Item 2 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Troutman Sanders LLP IGmiey-Hom and Associates, Inc. "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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (IQ a controlling owner in one entity is also a controlling owner in the other entity, or (111) 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 entitles; there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I an 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. Applicant's Signature Dark] T. BPcY(# Print Name Vtct Qcrkiornf/ 110-p- fiaVt Property Owner's Signature (if different than applicant) Print Name ModMeaeon of Con&dora Application Page 9 of 9 Reviaed 11/1/2013 DISCLOSURE STATEMENT CARMAX AUTO SUPERSTORES, INC. Agenda Item 2 Page 13 Item #2 Carmax Auto Superstores, Inc. Modification of Conditions 3801 & 3789 Bonney Road District 5 Lynnhaven May 14, 2014 CONSENT An application of Carmax Auto Superstores, Inc. for a Modification of a Conditional Use Permit for Motor Vehicle Sales — approved by the City Council on March 25, 2003 on property located at 3801 & 3789 Bonney Road, District 5, Lynnhaven. GPIN: 14873384490000. CONDITIONS 1. Condition 1 of the Conditional Use Permit approved by City Council on March 25, 2003 is hereby replaced with the following condition: With the exception of any modifications required by any of the other conditions listed below or as a result of development site plan review, the development of the site shall substantially conform with the site plan entitled "CARMAX STORE NO. 7130, VIRGINIA BEACH, VIRGINIA, MODIFICATION OF CONDITIONS," dated February 28, 2014, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of the other conditions of this Use Permit or as a result of the development site plan review process, Phase 1 of the development of the storage yard shall substantially conform with the site plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO. 7130, SITE PLAN," and further labeled by staff as "Phase 1." Said plan is dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc., has been exhibited to City Council, and is on file in the Planning Department. 3. With the exception of any modifications required by any of the other conditions or as a result of the development site plan review process, landscaping for Phase 1 of the development shall substantially conform to the landscaping plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO.7130, PLANT PLAN," dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc. Said plan has been exhibited to City Council, and is on file in the Planning Department. At the time Phase 2 is developed, the perimeter fencing and landscaping said plan shall be installed with Phase 2. 4. The original conditions of the Conditional Use Permit approved by City Council on March 25, 2003, except as herein amended, shall remain in full force and effect. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved Item 2. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE NAY 0 ABS 0 ABSENT 0 1 Item #2 Carmax Auto Superstores, Inc. Page 2 RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 2 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. ATTACHMENT B TO MODIFICATION OF CONTIDIONS APPLICATION CARMAX AUTO SUPERSTORES, INC. APPLICANT DISCLOSURE 1. List of Officers: President and CEO: Tom Folliard Executive Vice President, Hunan Resources and Administration: Bill Nash Executive Vice President, Chief Financial Officer: Tom Reedy Executive Vice President, Stores: Cliff Wood Senior Vice President, CarMax Auto Finance: Angie Chattin Senior Vice President, Service Operations: Ed Hill Senior Vice President, General Counsel and Corporate Secretary: Eric Margolin Senior Vice President and Chief Information Officer: Richard Smith 2 CarMax, Inc. CarMax Auto Superstores West Coast, Inc. CarMax Auto Superstores California, LLC CarMax Business Services, LLC CarMax of Laurel, LLC CarMax Auto Mall, LLC CarMax Properties, LLC CarMax Auto Superstores Services, Inc. CarMax Auto Funding LLC CarMax Funding Services II, LLC CarMax Funding II, LLC CarMax Funding Services, LLC CarMax Funding III, LLC CarMax Funding IV, LLC • dification of Condition Zonin • with Conditions/Proffers. Open Space Promotro I ,0:75 �,�,W icy �7 r � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL D. SIFEN (Applicant) / GEORGE STREET CORP. (Owner), Conditional Use Permit (Indoor Self -Storage Facility). 3443 Virginia Beach Boulevard (1487741386, part of). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: June 17, 2014 • Background: The applicant requests a Conditional Use Permit to allow development of the eastern portion of a 5.1 -acre site with a three-story self -storage facility. The self - storage facility proposed by the applicant will be located on the eastern portion of the site; however, the applicant is owner of the entire site, albeit through a separate corporate entity. Until 2010, a sales dealership for Dodge motor vehicles was located on the site. The site was then vacant until early -2013, when a used -car business was established in the existing building. Minor cosmetic improvements were made to the existing building, and the nonconforming sign associated with the former Dodge dealership was replaced with a new sign that conforms to Zoning Ordinance requirements. • Considerations: The proposed self -storage facility will be constructed on the eastern third of the width of the site. The portion of the lot designated for the facility is approximately 165 feet in width, consisting of a 10 -foot side yard setback, a building width of 125 feet, and 30 feet of paved access for the ground -level units on the western side of the building. The remaining portion of the lot will continue to be used as it is for the immediate future. Consistent with the design of the applicant's self -storage facilities in other areas of the city, the building is designed such that its exterior facade, particularly the most visible parts, resembles an office building. The site is located within the Rosemont Strategic Growth Area (SGA). As noted in the Comprehensive Plan section of this report, the subject site is within an area of the SGA referred to as "Development Initiative #10, Virginia Beach Boulevard Office Development." The SGA Plan states "because this highly visible area is isolated from nearby residential neighborhoods, it is appropriate to redevelop this area with office and retail uses." Although the proposed self - storage use is not an office or retail use, the building form has the appearance of a two-story office building, thus `fitting in' with the long-term vision for the area. I MICHAEL D. SIFEN Page 2 of 3 Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered / with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "Use Permit Exhibit, Mini Price Storage at 3443 Virginia Beach Boulevard," prepared by Martin Engineering, and dated 01/28/14. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the exterior design, materials, and colors of the building shall be in substantial conformance with the following: a. Elevation drawings entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Concept Elevations," prepared by Finley Design, Architecture + Interiors, dated January 28, 2013. Said Elevations have been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. b. Perspective renderings, entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Conceptual Perspective View 1 and 2," prepared by Finley Design, Architecture + Interiors, dated January 28, 2014. Said perspective renderings have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. The construction / development site plan submitted to the Development Services Center shall show at least one (1) handicapped -accessible parking space meeting the requirements of the Americans with Disabilities Act (ADA). 4. The applicant shall plant evergreen trees branching to the ground on 20 - foot centers along the rear 100 -foot length of the eastern side of the building for the purpose of reducing the mass of the building visible along that portion of the property line. Trees should be a minimum of 8 -foot to 10 -foot high at the time of installation. 5. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan at the time of construction / development site plan review. Lighting I MICHAEL D. SIFEN Page 3 of 3 shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 6. The applicant shall either remove or replace the chain-link fence along the eastern lot line, north of the building wall, and shall also remove or replace the chain-link fence along the southern lot line for a minimum distance of 150 feet from the southeast corner of the property. Barbed -wired shall not be installed on any part of the fence. 7. This Use Permit applies only to the easternmost part of the site (GPIN 14877413860000), as established by a distance from the eastern property westward of 165 feet. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department V ----- City Manager: LYNNHAVEN Mapca Michael D. Sifen, Inc. • e 00.5 7 I� I tgA'�° 5 (� ra r� it71.5 k i t 1 • w.o..) c..a.ea.ve.n«.. ow. sa... Immo.. CUP for Mini -Warehouse / Self Storage REQUEST: Conditional Use Permit (Mini -Warehouse / Self Storage) ADDRESS / DESCRIPTION: 3443 Virginia Beach Boulevard 6 May 14, 2014 Public Hearing APPLICANT: MICHAEL D. SIFEN, INC. PROPERTY OWNER: GEORGE STREET CORP. STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1487741386 (part of) LYNNHAVEN Total Site = 5.1 acres Less than 65 dB DNL Use Permit Site = 1.8 acres AICUZ BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to allow development of the eastern portion of a 5.1 -acre site with a three-story self -storage facility. The self -storage facility proposed by the applicant will be located on the eastern portion of the site; however, the applicant is owner of the entire site, albeit through a separate corporate entity. Until 2010, a sales dealership for Dodge motor vehicles was located on the site. The site was then vacant until early -2013, when a used -car business was established in the existing building. Minor cosmetic improvements were made to the existing building, and the nonconforming sign associated with the former Dodge dealership was replaced with a new sign that conforms to Zoning Ordinance requirements. The site is completely impervious, with 32,516 square feet of the site area consisting of buildings and the remaining area consisting of either asphalt or concrete paving. A chain-link fence is located along the eastern, western, and southern lot lines. The majority of the fence is in significant disrepair, overgrown with weeds, and topped with barbed-wire. MICHAEL D. SIFEN, INC. Agenda Item 6 Page 1 Details Site Design • The proposed self -storage facility will be constructed on the eastern third of the width of the site. The portion of the lot designated for the facility is approximately 165 feet in width, consisting of a 10 -foot side yard setback, a building width of 125 feet, and 30 feet of paved access for the ground -level units on the western side of the building. The remaining portion of the lot will continue to be used as it is for the immediate future. • The 30 -foot width for the access drive is set by the width between the proposed building and the existing car sales building, as that building will remain until that portion of the site is redeveloped. • The proposed placement of the building is intended to correspond to front building facade of the adjacent retail center. • Parking for the facility is located between the front facade of the building and the Virginia Beach Boulevard right-of-way. The parking area is designed with a single drive aisle with perpendicular parking on both sides. The design and location is similar to the parking area of the adjacent retail store, and offers the opportunity for a connection between the two if appropriate as part of a future redevelopment. • The site plan shows 22 parking spaces. The parking requirement for this type of self -storage facility is established by the Use Permit; however, the parking requirement for warehouse facilities, of which this facility is a type, is one space per employee on shift. Even if that requirement is included, staff finds that the number of parking spaces is sufficient. • The plan does not show handicap -accessible parking. One such space is required for the number of spaces provided within the proposed lot; this will need to be addressed during construction site plan review. • There is an area of approximately 4,500 square feet between the rear of the building and the rear lot line that is 15 feet at the closest point and 40 feet and the farthest. The area is a suitable location for a component of the required stormwater system. The site plan submitted with the proposed plan does not show any stormwater management facilities; however, according to the applicant, a stormwater management plan will be submitted with the construction site plan, and the plan will address the stormwater for this development as well as potential future development of the remainder of the site. Accordingly, the principal components of the stormwater management facilities will be located on the area of the applicant's site area of the immediate self -storage facility. Building Design • As previously noted, the portion of the building parallel to Virginia Beach Boulevard has a width of 125 feet. The length of the building, facing the used car dealership on the west side and the side of the retail store and its loading area on the east, is 400 feet. • Consistent with the design of the applicant's self -storage facilities in other areas of the city, the building is designed such that its exterior facade, particularly the most visible parts, resembles an office building. • The building materials proposed for the majority of the exterior consist of brown, large -cut textured block at the first floor level, a band of red EIFS between the first and second floor levels, light tan, small -cut textured block at the second and third floor levels, a wider red band of red EIFS at the top of the third -floor level, and a darker tan, textured block above that level, capped by a white EIFS cornice that extends slightly outward from the facade. • The exterior of the office area of the facility has a different design and different materials and colors for the purpose of establishing its role as the principal entrance to the building for visitors. The office area, located at the northwest corner of the building, wraps around the corner of the MICHAEL D. SIFEN, INC. Agenda Item 6 Page 2 building and runs along the western facade for a distance equal to the front facade. The facade of the office area projects approximately one -foot from the primary facade of the building. • The exterior materials for the office area primarily consist of white scored EIFS with red highlight bands around the storefront windows and at the top of the third floor level, continuing the band at that level throughout the exterior. The base of the office area consists of a dark brown textured block. • The mass and long length of the building exterior is provided visual interest by use of projecting tower elements that replicate the design and color of the office area. These elements also project slightly above the roofline of the main building, providing visual interest along the horizontal line of the building. Alternating colors for the block used between the first -floor level and the roofline also provide visual interest, particularly along the eastern side of the building. • The first floor level of the western facade consists of a series of two storefront -style entrances, which providing the primary access to the interior storage units. This area is covered by a 20 -foot wide, 40 -foot long canopy. The remaining area of the first floor consists of overhead garage doors that provide access to traditional storage units. • Wall -mounted lights are located on the building above the second -floor level of the projecting tower elements ensures adequate lighting of the building exterior without creating light spillover onto the adjacent property. The office area has the same lighting type, but also includes lighting fixtures at the first -floor level. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Paved parking and display area associated with auto sales dealership. SURROUNDING LAND USE AND ZONING: North: • Virginia Beach Boulevard • Retail; motor vehicle sales / B-2 Community Business District South: • Former Norfolk Southern ROW • Interstate Highway 264 East: • Retail Shopping Center / B-2 Community Business District West: • Retail, office, and personal services / B-2 Community Business District NATURAL RESOURCE AND The site is completely impervious and has no known natural or CULTURAL FEATURES: cultural resources of significance. COMPREHENSIVE PLAN: Applicable Land Use Policies - The site is located within the Rosemont Strategic Growth Area (SGA). The Rosemont SGA Master Plan was adopted by the City Council on September 13, 2011, by reference as a component of the Comprehensive Plan. The Plan calls for the transformation of underutilized, under -performing commercial properties into mixed-use and residential development opportunities accompanied by public infrastructure improvements (p.13). The subject site is located in an area of the SGA referred to as "Development Initiative #10, Virginia Beach Boulevard Office Development." Regarding this area, the Plan states "because this highly visible area is isolated from nearby residential neighborhoods, it is appropriate to redevelop this area with office and retail uses. Buildings should front Virginia Beach Boulevard with parking behind to create attractive public space," (p. 49). Applicable Site and Building Design Policies - MICHAEL D. SIFEN, INC. Agenda Item 6 Page 3 Page 40 of the Rosemont SGA Plan establishes general building criteria for different building types. Office (and Institutional) buildings should be between one and six stories, occupy 70 percent of the 'facade zone,' and have building floorplates between 10,000 and 30,000 square feet. The Plan did not anticipate the use of ground and upper floors for self -storage. Accordingly, there are no specific recommendations for this use. The 'height map' calls for a maximum height of four stories (p. 36). The Comprehensive Plan's "Special Area Development Guidelines, Urban Areas" also calls for placing buildings close to the street and locating parking areas behind or beside buildings. Parking areas should not dominate the frontage of streets. Stormwater management areas should be designed as open space or landscape amenities. Building exteriors should include features that promote a human scale including recessed or projecting entries, individual windows with multiple panes, and textured or modular building materials (pp. B -1—B-5). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is an eight -lane urban major arterial. There are no Roadway Capital Improvement Program projects for this segment of the roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 52,500 ADT 1 34,940 ADT 1(Level of Existing Land Use ?— Boulevard Service "C") — 56,240 1,192 ADT (Level of Service "C") 73 AM Peak Hour Trips ADT 1 (Level of Service "D" - Capacity) 93 PM Peak Hour Trips s Proposed Land Use — 1,328 ADT 81 AM Peak Hour Trips 113 PM Peak Hour Trips 'Average Daily Trips 2 as defined by 35,750 SF auto sales dealership 3as defined by 35,750 SF auto sales dealership and 150,000 SF self -storage facility WATER: The site is already connected to the City's water supply system. There are multiple City water mains within Virginia Beach Boulevard (20 -inch; 16 -inch; and 42 -inch transmission line). SEWER: The site is already connected to the City's sanitary sewer system. There is an existing 8 -inch City sanitary sewer gravity main onsite within the west and south sides of the property. There is an existing 24 -inch HRSD sanitary sewer force main within Virginia Beach Boulevard. Pump Station #504 has capacity issues; therefore, analysis of the pump station will be required to ensure future flows can be accommodated. MICHAEL D. SIFEN, INC. Agenda Item 6 Page 4 EVALUATION AND RECOMMENDATION The site is located within the Rosemont Strategic Growth Area (SGA). As noted in the Comprehensive Plan section of this report, the subject site is within an area of the SGA referred to as "Development Initiative #10, Virginia Beach Boulevard Office Development." The SGA Plan states "because this highly visible area is isolated from nearby residential neighborhoods, it is appropriate to redevelop this area with office and retail uses." Although the proposed self -storage use is not an office or retail use, the building form has the appearance of a two-story office building, thus 'fitting in' with the long-term vision for the area. The SGA Plan also states that "Buildings should front Virginia Beach Boulevard with parking behind to create attractive public space," (p. 49). The submitted plan places the front of the building facade equivalent to the front building facade of the adjacent retail center. Moreover, as noted earlier in this report, the applicant's design places the parking area equivalent to the location of the parking on the adjacent site. Staff modeled designs for the building that moved it closer to the street, but the result was an increase in building mass at the street such that the building 'overpowered' the streetscape. If, as recommended by the SGA Plan, there were existing buildings of similar height located adjacent to the right-of-way within this portion of the Rosemont SGA, and those buildings had a front facade parallel to Virginia Beach Boulevard with a greater width than the proposed, the mass of the applicant's proposed building would be of appropriate scale and be proportional to the streetscape. In other words, if the building was placed at or closely adjacent to the right-of-way, the width of the building parallel to the street is not great enough to compensate for the height, and thus, the mass of the building at the street creates the appearance of a 'tall wall.' A building with a greater width such that it is proportional to its height results in the mass and sense of 'enclosure' that creates an urban streetscape. In sum, at this point in the transformation of the Rosemont SGA to an urban environment, the location of the applicant's proposed building at the street is not appropriate. Thus the proposed location is more appropriate. As the applicant proceeds with the redevelopment of the remainder of the property, the opportunity for replacement of the parking area between the street and the front facade with an open space amenity is possible. Staff recommends approval of this request with the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "Use Permit Exhibit, Mini Price Storage at 3443 Virginia Beach Boulevard," prepared by Martin Engineering, and dated 01/28/14. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the exterior design, materials, and colors of the building shall be in substantial conformance with the following: MICHAEL D. SIFEN, INC. Agenda Item 6 Page 5 a. Elevation drawings entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Concept Elevations," prepared by Finley Design, Architecture + Interiors, dated January 28, 2013. Said Elevations have been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. b. Perspective renderings, entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Conceptual Perspective View 1 and 2," prepared by Finley Design, Architecture + Interiors, dated January 28, 2014. Said perspective renderings have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. The construction / development site plan submitted to the Development Services Center shall show at least one (1) handicapped -accessible parking space meeting the requirements of the Americans with Disabilities Act (ADA). 4. The applicant shall plant evergreen trees branching to the ground on 20 -foot centers along the rear 100 -foot length of the eastern side of the building for the purpose of reducing the mass of the building visible along that portion of the property line. Trees should be a minimum of 8 -foot to 10 -foot high at the time of installation. 5. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan at the time of construction / development site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 6. The applicant shall either remove or replace the chain-link fence along the eastern lot line, north of the building wall, and shall also remove or replace the chain-link fence along the southern lot line for a minimum distance of 150 feet from the southeast corner of the property. Barbed -wired shall not be installed on any part of the fence. 7. This Use Permit applies only to the easternmost part of the site (GPIN 14877413860000), as established by a distance from the eastern property westward of 165 feet. 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. MICHAEL D. SIFEN, INC. Agenda Item 6 Page 6 I AERIAL OF SITE LOCATION MICHAEL D. SIFEN, INC. Agenda Item 6 Page 7 SITE STATISTICS on errs i 0 00 00 oz �a av FN 0 0 0 xo za o2 2 z 1-0 02 , d PROPOSED SITE PLAN (Condition 1) f-;Ak4IA'aE,4 L•,. MICHAEL D. SIFEN, INC. Agenda Item 6 Page 8 PROPOSED SITE PLAN SUPERIMPOSED ON ORTHO VIEW AERIAL PHOTOGRAPH MICHAEL D. SIFEN, INC. Agenda Item 6 Page 9 I RENDERING OF PROPOSED BUILDING AS VIEWED FROM VIRGINIA BEACH BOULEVARD TO THE SOUTHEAST (Condition 2) MICHAEL D. SIFEN, INC. Agenda Item 6 Page 10 I Z: 0 ° _Q in W! 0' W Q >' 7 Wu JF Zu = _ LI. ibyi 0 > _0 0 m U 0 0 m 0 c co NI - (Y) 0 0) 0 0 i':-; 0 0 0_ .c Conceptual Perspective View 2 January 28, 2014 Virginia Beach, VA RENDERING OF PROPOSED BUILDING AS VIEWED FROM VIRGINIA BEACH BOULEVARD TO THE SOUTHWEST (Condition 2) MICHAEL D. SIFEN, INC. Agenda Item 6 Page 11 J 3G Mini Price Storage: 3443 Virginia Beach Boulevard January 28. 2013 Concept Elevations Virginia Beach. VA ELEVATION DRAWINGS OF PROPOSED BUILDING (Condition 2) MICHAEL D. SIFEN, INC. Agenda Item 6 Page 12 LYNNHAVEN Map G-7 Ala Not to Scale Michael D. Sifen, Inc. O 0 ' Zoning with Conclitions,Proffers. Open Space Promotion CUP for Mini -Warehouse / Self Storage ZONING HISTORY # DATE REQUEST ACTION 1 08/28/12 Conditional Use Permit (Tattoo Parlor) Approved 11/18/74 Rezoning (B-2 Business to 1-2 Industrial) Approved 04/17/86 Rezoning (1-2 Industrial to B-2 Business) Approved 2 02/08/00 Conditional Use Permit (Motor Vehicle Sales, Rental & Service) Approved Conditional Rezoning (R-7.5 Residential to B-2 Commercial) & 12/13/11 Conditional Use Permit (Motor Vehicle Sales, Rental & Service - expansion) Approved 3 080/5/03 Conditional Use Permit (Indoor Recreation) Approved 09/10/96 Conditional Use Permit (Communication Tower) Approved 4 04/08/97 Conditional Use Permit (Automobile Fueling Station in conjunction with a Convenience Store, Fast Food Restaurant & Carwash) Approved 5 10/02/01 Conditional Use Permit (Automobile Fueling Station) Approved 04/24/01 Conditional Use Permit (Automobile Service) Approved 6 11/08/05 Conditional Use Permit (Car Wash) Approved 7 06/08/10 Conditional Use Permit (Religious Use) Approved MICHAEL D. SIFEN, INC. Agenda Item 6 Page 13 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Michael D. Sifen, Inc.: Michael D. Sifen, President; Donald R. Smith, Vice President; Barry A. Sifen, Chief Financial Officer/Treasurer 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) George Street Corp.: Michael D. Sifen, President; Barry A. Sifen, Vice President/CFO 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? 11► TT1 TAT I11► T ► T DISCLOSURE STATEMENT MICHAEL D. SIFEN, INC. Agenda Item 6 Page 14 4 4 1 1 1 1 1 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) Finley Design Martin Engineering Sykes, Bourdon,Ahern & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Michael D. Sifen, nc qqppp�� Sy� p Getz ges b'itree, 4./ Cori Michael D. Sifen, ?res, Print Name Michael D. Sifen, Press( Property Owner's Signature (tfdifferent than applicant) Print Name DISCLOSURE STATEMENT MICHAEL D. SIFEN, INC. Agenda Item 6 Page 15 1 Item #6 Michael D. Sifen Conditional Use Permit 3443 Virginia Beach Boulevard District 5 Lynnhaven May 14, 2014 CONSENT An application of Michael D. Sifen for a Conditional Use Permit (Mini -Warehouse / Self Storage) on property located at 3443 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 1487741386 (part of). CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "Use Permit Exhibit, Mini Price Storage at 3443 Virginia Beach Boulevard," prepared by Martin Engineering, and dated 01/28/14. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the exterior design, materials, and colors of the building shall be in substantial conformance with the following: a. Elevation drawings entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Concept Elevations," prepared by Finley Design, Architecture + Interiors, dated January 28, 2013. Said Elevations have been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. b. Perspective renderings, entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Conceptual Perspective View 1 and 2," prepared by Finley Design, Architecture + Interiors, dated January 28, 2014. Said perspective renderings have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. The construction / development site plan submitted to the Development Services Center shall show at least one (1) handicapped -accessible parking space meeting the requirements of the Americans with Disabilities Act (ADA). 4. The applicant shall plant evergreen trees branching to the ground on 20 -foot centers along the rear 100 -foot length of the eastern side of the building for the purpose of reducing the mass of the building visible along that portion of the property line. Trees should be a minimum of 8 -foot to 10 -foot high at the time of installation. 5. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan at the time of construction / development site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 6. The applicant shall either remove or replace the chain-link fence along the eastern lot line, north of the building wall, and shall also remove or replace the chain-link fence along the southern lot line for a minimum distance of 150 feet from the southeast corner of the property. Barbed -wired shall not be installed on any part of the fence. 1 Item #6 Michael D. Sifen Page 2 7. This Use Permit applies only to the easternmost part of the site (GPIN 14877413860000), as established by a distance from the eastern property westward of 165 feet. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 6. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 6 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. Hampton Roads Sanitation District N CUP for Cellular Telephone Antenna Zoning with Conditions/Proffers. Open Space Promotion C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HAMPTON ROADS SANITATION DISTRICT (Applicant / Owner), Conditional Use Permit for a Communication Tower. 5332 Shore Drive (GPIN 1469586638). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 17, 2014 • Background: The applicant is requesting a Conditional Use Permit for a wireless communication tower. The proposed site for the tower is a 3,200 -square foot portion of the Hampton Roads Sanitation District (HRSD) Chesapeake -Elizabeth Treatment Plant site. The 22.33 -acre site is zoned 1-2 Heavy Industrial District. The tower will support wireless communication equipment that is part of a "Smart Sewer System" developed by HRSD in response to a Regional Consent Order issued by the Environmental Protection Agency (EPA) and the Department of Environmental Quality (DEQ). ■ Considerations: The proposed tower will be a monopole. The proposed height is 148 feet Above Ground Level (AGL) [144 -foot high tower with 4 -foot high lightning rod]. Based on a Determination of No Hazard (DNH) to Air Navigation issued by the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE), on April 29, 2014, a height of 117 feet was determined to be the maximum that will not be a hazard to air navigation. The applicant has proposed a tower with a height of 148 feet, and the applicant has noted that such height is critical to the antennas on the tower actually being able to communicate with the other HRSD antennas. The applicant, therefore, has informed staff that it will be seeking a new NPH letter from FAA/OE that will allow the 148 -foot height. That height is indicated on the plans referenced by Condition 1 recommended with this Use Permit. It is important to remember that Section 202(b) of the Zoning Ordinance states that no structure is allowed in any zoning district that on the basis of its height would constitute an obstruction to air navigation pursuant to Part 77, Subpart C, of the Federal Aviation Administration Regulations, 14 C.F.R. §§ 77.21 et seq. or any successor regulation, or would cause an adjustment to an airfield's established straight -in, circling, alternate, takeoff and safety minima, or which would adversely affect radio reception or radar coverage for any airfield or FAA facility. The FAA/OE is responsible for making that determination and enforcing those regulations. Accordingly, the maximum height of the tower will be either the 148 feet as shown on the conditioned plans or it will a lower height as determined HRSD Page 2 of 3 by the FAA to not be a hazard to air navigation. Based on Section 202(b), however, in no case will the maximum height be allowed to exceed that established by the FAA/OE Office. Further details pertaining to the tower and its compliance with the provisions of Section 232 of the City Zoning Ordinance pertaining to communication towers, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in conformance with the submitted plan package, consisting of three sheets (Title Sheet [T-1], Site Plan [Sheet Z-1], and Compound Plan [Sheet C-1]), entitled "HRSD, Site Name: Chesapeake Elizabeth Plant 5332 Shore Drive Virginia Beach, VA 23455," prepared by NB+C Engineering Services, LLC, and dated February 25, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Based upon a finding that there will be no significant detrimental effects on surrounding properties, the screening required by Section 232(f)(4) of the Zoning Ordinance shall be deleted, as the location of the tower within an existing secure, fenced site, limits visibility of the tower and its ground - level equipment. 3. The owner / operator of the tower shall provide for the collocation of additional wireless telecommunication providers. 4. The applicant and owner -operator of the tower shall coordinate with the Community Plans and Liaison Officer, Joint Expeditionary Base Little Creek - Fort Story (JEBLCFS), for the purpose of resolving the request of JEBLCFS for obstruction lighting for the tower with regard to its visibility, as provided through night vision devices. A letter jointly signed by the Community Plans and Liaison Officer of JEBLCFS, the applicant, and the owner -operator of the tower, which specifies the marking / lighting agreed to by all parties, shall be submitted to the Planning Department / Current Planning. No permits for the tower shall be issued until said letter is submitted as indicated. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing HRSD Page 3 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/A ency: Planning Department City Manager: 7oTei- BAYSIDE \lap D-3 x'10 1 0 b Sr.010 Hampton Roads Sanitation District 12 Little Creek Naval Amphibious Base 12 K20 • Zoo., in* Ce./YonsPM.,. w- span M10-odoe CUP for Cellular Telephone Antenna REQUEST: Conditional Use Permit (wireless communication tower) ADDRESS / DESCRIPTION: 5332 Shore Drive 9 May 14, 2014 Public Hearing APPLICANT & PROPERTY OWNER: HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SITE SIZE: 1469586638 BAYSIDE Total Site Area: 22.33 acres Tower Lease Area: 3,200 square feet AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant is requesting a Conditional Use Permit for a wireless communication tower. The proposed site for the tower is a 3,200 -square foot portion of the Hampton Roads Sanitation District (HRSD) Chesapeake -Elizabeth Treatment Plant site. The 22.33 -acre site is zoned 1-2 Heavy Industrial District. The tower will support wireless communication equipment that is part of a "Smart Sewer System" developed by HRSD in response to a Regional Consent Order issued by the Environmental Protection Agency (EPA) and the Department of Environmental Quality (DEQ). The Regional Consent Order directs HRSD and the localities of Southeastern Virginia to reduce sanitary sewer overflows, which are primarily caused by water infiltrating the sewer system during heavy rainfall, which exceeds the capacity of the sewer system, and results in the overflow of the sewer system. HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 1 A key component of the Smart Sewer System will be a microwave -based, wireless, Wide Area Network (WAN) communications system connecting HRSDs treatment plants and operational centers. Such a system requires the installation of a communications tower at each of the facilities. Conditional Use Permit applications for similar towers at HRSD's main offices on Air Rail Avenue and at the HRSD Atlantic Treatment Plant have also been submitted. The towers will include lightning protection, two microwave antennas, and a UHF omnidirectional antenna that can receive and transmit signals among HRSD flow meters, pressure gages, rain gages, and related equipment and between the treatment plants and operational centers. This will allow HRSD to conduct analysis of a system during a 'wet weather event' at the time the event is occurring. As a result, the system will be capable of determining if an overflow is imminent and then redirect flow to another system or to storage tanks. Due to new information provided since publication of first report, this paragraph replaces the same bullet (5th under 'Details') as found in the first staff report. Details • The tower will be located in the northwest corner of the treatment plant site, approximately 775 feet from Shore Drive. • Access to the tower will be via an existing roadway within the treatment plant site. • The tower is located within a 3,200 -square foot compound. Due to the location of the tower within the treatment plant's fenced site, where access is available only to HRSD staff, there is no fencing proposed around the tower compound area. Similarly, due to the location of the compound, the shrubs and trees required by Section 232(f)(4) of the City Zoning Ordinance (CZO) for the purpose of screening the base of the tower and the associated equipment will not be installed. A deviation to this requirement, per Section 221(i) of the Zoning Ordinance is requested by the applicant. • The compound area will contain the ground -level support equipment for HRSD's antennas, and will provide space for the equipment of antennas of wireless communication providers that collocate on the tower in the future. • The proposed tower will be a monopole. The proposed height is 148 feet Above Ground Level (AGL) [144 -foot high tower with 4 -foot high lightning rod]. Based on a Determination of No Hazard (DNH) to Air Navigation issued by the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE), on April 29, 2014, a height of 117 feet was determined to be the maximum that will not be a hazard to air navigation. The applicant has proposed a tower with a height of 148 feet, and the applicant has noted that such height is critical to the antennas on the tower actually being able to communicate with the other HRSD antennas. The applicant, therefore, has informed staff that it will be seeking a new NPH letter from FAA/OE that will allow the 148 -foot height. That height is indicated on the plans referenced by Condition 1 recommended with this Use Permit. It is important to remember that Section 202(b) of the Zoning Ordinance states that no structure is allowed in any zoning district that on the basis of its height would constitute an obstruction to air navigation pursuant to Part 77, Subpart C, of the Federal Aviation Administration Regulations, 14 C.F.R. §§ 77.21 et seq. or any successor regulation, or would cause an adjustment to an airfield's established straight -in, circling, alternate, takeoff and safety minima, or which would adversely affect radio reception or radar coverage for any airfield or FAA facility. The FAA/OE is responsible for making that determination and enforcing those regulations. Accordingly, the maximum height HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 2 of the tower will be either the 148 feet as shown on the conditioned plans or it will a lower height as determined by the FAA to not be a hazard to air navigation. Based on Section 202(b), however, in no case will the maximum height be allowed to exceed that established by the FAA/OE Office. • A structural analysis of the tower was submitted (Section 232(c)(3) of the CZO), indicating that the tower will be designed to accommodate the applicant's equipment and additional carriers and will meet all structural requirements, as per the Uniform Statewide Building Code, and all wind loading requirements for this area. A final formal Structural Report will be provided with the formal site plan submittal. • Initial information and data indicate that the use of the antennas mounted on the tower will have no impact on public safety communications (Section 232(h) of CZO). A complete Radio Frequency Emissions Analysis Report will be submitted with the formal site plan submittal. • Antennas to be mounted on the tower include dipole antennas, a three-foot microwave antenna, and a six-foot microwave antenna. A four -foot high lightning rod will be mounted at the top of the tower as part of the lightning protection for the tower. • The tower will have space for collocation of at least three additional wireless communication providers. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Sewage treatment plant SURROUNDING LAND North: USE AND ZONING: 4 South: East: West: • Military installation /1-2 Heavy Industrial District • Shore Drive • Little Creek Reservoir • Single -Family Dwellings / R-30 Residential District • Military installation / 1-2 Heavy Industrial District • Military installation / 1-2 Heavy Industrial District 0 • EVALUATION AND RECOMMENDATION Hampton Roads Sanitation District (HRSD) is in the process of creating a 'Smart Sewer System' in order to meet a Regional Consent Order issued by the Environmental Protection Agency (EPA) and the Department of Environmental Quality (DEQ) pertaining to sanitary sewer overflows. A wireless microwave -based Wide Area Network (WAN) being installed between HRSD's treatment plants and operation centers is a component of this system. To fully implement the system, a communication tower must be installed at each of their facilities. In addition to the equipment for HRSD, the tower at each location will also accommodate other wireless telecommunication providers. This Conditional Use Permit request is for the installation of a tower on the grounds of the Hampton Roads Sanitation District's Chesapeake -Atlantic Treatment Plant. The tower will be located in the northwest corner of the site, where the ground -level equipment will not be visible from Shore Drive. The proposed location is also 1,117 -feet from the nearest residential dwelling. This proposed tower location ensures compatibility with the surrounding area. As noted in the 'Details' section of this report, the tower meets the requirements of Section 232 of the City Zoning Ordinance, which provides the specific standards applicable to Use Permit requests for a Communication Tower. Also noted in the 'Details' section, the tower compound will not be enclosed and HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 3 screened as required by Section 232. Section 221(i) of the Zoning Ordinance, however, allows the City Council to approve deviations to such screening and buffering requirements "for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties." Staff finds that the situation in this case is appropriate for such a deviation, due to the location of the tower within an existing secure, fenced site that limits visibility of the tower equipment from Shore Drive. Accordingly, there will be no detrimental effects on surrounding properties by the elimination of the screening requirements. Based on staffs evaluation of this request, approval is recommended subject to the conditions below. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package, consisting of three sheets (Title Sheet [T-1], Site Plan [Sheet Z-1], and Compound Plan [Sheet C-1]), entitled "HRSD, Site Name: Chesapeake Elizabeth Plant 5332 Shore Drive Virginia Beach, VA 23455," prepared by NB+C Engineering Services, LLC, and dated February 25, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Based upon a finding that there will be no significant detrimental effects on surrounding properties, the screening required by Section 232(f)(4) of the Zoning Ordinance shall be deleted, as the location of the tower within an existing secure, fenced site, limits visibility of the tower and its ground -level equipment. 3. The owner / operator of the tower shall provide for the collocation of additional wireless telecommunication providers. 4. The applicant and owner -operator of the tower shall coordinate with the Community Plans and Liaison Officer, Joint Expeditionary Base Little Creek - Fort Story (JEBLCFS), for the purpose of resolving the request of JEBLCFS for obstruction lighting for the tower with regard to its visibility, as provided through night vision devices. A letter jointly signed by the Community Plans and Liaison Officer of JEBLCFS, the applicant, and the owner -operator of the tower, which specifies the marking / lighting agreed to by all parties, shall be submitted to the Planning Department / Current Planning. No permits for the tower shall be issued until said letter is submitted as indicated. 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. HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda item 9 Page 4 I AERIAL OF SITE LOCATION HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 5 1 1 B -tea ------------------- PROPOSED PLAN OF TOWER COMPOUND AND ELEVATION DRAWING OF TOWER HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 7 / BAYSI DE MapP A4ap Not Hampton Roads Sanitation District 12 Little Creek Naval Amphibious Base 0 u W Little Creek Reservoir ' Zoning with Conditions,Proffers. Open Space Promotion CUP for Cellular Telephone Antenna ZONING HISTORY There have been no zoning changes, use permits, street closures, etc. in this area within the last ten years. HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 8 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Hampton Roads Sanitation District (Commissioners: Vishnu Lakdawaia, Frederick Elofson, Michael Glenn, Arthur Bredemeyer, Maurice Lynch, I. Vincent Behm, Jr., and Stephen Rodriguez) 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 1^f Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A Ill Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of t134 City of Virginia Beach have an subject land? Yes No x If yes, what is the name of the official or employee and the nature interest in the of their interest? jI J 4 DISCLOSURE STATEMENT HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 9 CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Stephen R. Romine Print Name Edward G. Henifin, PE Properfi�O�ivner's Signature if different than applicant) Print Name DISCLOSURE STATEMENT HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 10 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) Westin Engineering - Design Engineer for the Project Milestone Communications 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Stephen R. Romine Print Name Edward G. Henifin, PE Properfi�O�ivner's Signature if different than applicant) Print Name DISCLOSURE STATEMENT HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 10 Cleaning wastewater every day for a better Bay. The list of Commissioners is at the bottom of this letter. Vishnu is Virginia Beach Elofson is Newport News Glenn is Norfolk Bredemeyer is Suffolk Lynch is Gloucester Point Behm is Hampton Rodriguez is Chesapeake 2389 G Avenue, Newport News, VA 23602 • 757.833.7501 • Fax 757.833.7428 Commissioners: Vishnu K. Lakdawala, PhD, Chairman • Frederick N. Elofson, CPA, Vice -Chairman • Michael E. Glenn Arthur C. Bredemeyer • Maurice P. Lynch, PhD • 1. Vincent Behm, Jr. • Stephen C. Rodriguez www.hrsd.com HAMPTON ROADS SANITATION DISTRICT (Chesapeake -Elizabeth Treatment Plant) Agenda Item 9 Page 11 1 Item #9 Hampton Roads Sanitation District Conditional Use Permit 5332 Shore Drive District 4 Bayside May 14, 2014 CONSENT An application of Hampton Roads Sanitation District for a Conditional Use Permit (wireless communication tower) on property located at 5332 Shore Drive, District 4, Bayside. GPIN: 1469586638. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package, consisting of three sheets (Title Sheet [T-1], Site Plan [Sheet Z-1], and Compound Plan [Sheet C-1]), entitled "HRSD, Site Name: Chesapeake Elizabeth Plant 5332 Shore Drive Virginia Beach, VA 23455," prepared by NB+C Engineering Services, LLC, and dated February 25, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Based upon a finding that there will be no significant detrimental effects on surrounding properties, the screening required by Section 232(f)(4) of the Zoning Ordinance shall be deleted, as the location of the tower within an existing secure, fenced site, limits visibility of the tower and its ground -level equipment. 3. The owner / operator of the tower shall provide for the collocation of additional wireless telecommunication providers. 4. The applicant and owner -operator of the tower shall coordinate with the Community Plans and Liaison Officer, Joint Expeditionary Base Little Creek - Fort Story (JEBLCFS), for the purpose of resolving the request of JEBLCFS for obstruction lighting for the tower with regard to its visibility, as provided through night vision devices. A letter jointly signed by the Community Plans and Liaison Officer of JEBLCFS, the applicant, and the owner - operator of the tower, which specifies the marking / lighting agreed to by all parties, shall be submitted to the Planning Department / Current Planning. No permits for the tower shall be issued until said letter is submitted as indicated. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 9. AYE 11 NAY ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE I Item #9 Hampton Roads Sanitation District Page 2 By a vote of 11-0, the Commission approved item 9 for consent. Steven Romine appeared before the Commission on behalf of the applicant. CUP - Firearm Sales and Gunsmithing ' Zoning with Conditions/Proffers. Open Space Promotion CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT JEFFERY MOREAU (Applicant / Owner), Conditional Use Permit for a Home Occupation (Firearm Sales & Repair). 1405 Ships Landing (GPIN 1465467414). COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: June 17, 2014 • Background: The applicant is requesting a Conditional Use Permit for a Home Occupation to allow the sale of firearms. The applicant will be selling firearms and related shooting sport accessories online. • Considerations: Items available for sale will include handguns, rifles, shotguns, holsters, cases, ammunition, targets, scopes, and other miscellaneous accessory items. The applicant will also perform minor gunsmithing services at their home. The applicant has extensive experience with firearms and will be the sole employee. The actual sale of firearms and all transactions will take place online. When a firearm is purchased, the product will be sent to a federally licensed firearm dealer located in the jurisdiction where the purchaser resides. In addition to obtaining this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. Further details pertaining to this request, as well as Staffs evaluation of it, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A 1 ROBERT JEFFREY MOREAU Page2of2 report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home- based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. • Attachments: Staff Report 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: Robert Jeffery Moreau • Zunis .0 c...*.s ne.r.. ore Saarmnalun CUP • Firearm Sales and Gunsmithing 5 May 14, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: ROBERT JEFFERY MOREAU STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Home Occupation — Firearm Sales and Gunsmithing) ADDRESS / DESCRIPTION: 1405 Ships Landing GPIN: 14654674140000 ELECTION DISTRICT: SITE SIZE: AICUZ: CENTERVILLE 9,573 square feet <65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for a Home Occupation to allow the sale of firearms. The applicant will be selling firearms and related shooting sport accessories online. Items available for sale will include handguns, rifles, shotguns, holsters, cases, ammunition, targets, scopes and other miscellaneous accessory items. The applicant will also perform minor gunsmithing services at their home. The applicant has extensive experience with firearms and will be the sole employee. There will be no signage identifying the home occupation. The actual sale of firearms and all transactions will take place online. When a firearm is purchased, the product will be sent to a federally licensed firearm dealer located in the jurisdiction where the purchaser resides. In addition to obtaining this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. Any firearm that arrives on-site will be stored in accordance with ATF regulations. The applicant owns a 525 pound safe that is stored in the house. This safe will hold any amount of firearms that may be on the site. ROBERT JEFFERY MOREAU Agenda Item 5 Page 1 A City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining this Use Permit. The applicant will contact the Police Department's Crime Prevention Office (385-1066) to schedule the assessment. A report will be written by the Police Department, a copy will be provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used; • Inspect all landscaping, looking for any conflict with lighting and any areas where there may be places to hide; • Inspect all interior and exterior door and window locking devices to insure that they provide adequate home security against burglary (break-ins); • Inspect all interior and exterior doors to determine the adequacy of their strength against penetration by prying, force, or any other means; • Inspect and review any alarm system that may be installed in the home; • Inspect the room and safe where any firearms, firearms supplies, firearms parts, and money may be stored as it pertains to the Conditional Use Permit to operate the business; and • Ascertain who resides in the home. If there are children, the assessing officer will review safety measures as it pertains to firearms and children. 0 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family home SURROUNDING LAND USE AND ZONING: North: • Single-family homes / R-7.5 Residential District South: • Lake Christopher / R-7.5 Residential District East: • Ships Landing • Single-family homes / R-7.5 Residential District West: • Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with a single family home. There are no known significant cultural features on the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: This home -occupation is to be conducted solely within the residence and no building or site modifications are being proposed, therefore no design comments are necessary. • IMPACT ON CITY SERVICES Other than the inspections and service provided by the City's Police Department, this use will have no direct impacts on City services. 4 ROBERT JEFFERY MORAU Agenda Item 5 Page 2 SPECIFIC STANDARDS FOR HOME OCCUPATION USE PERMITS Section 234 of the City Zoning Ordinance provides standards that regulate a Use Permit for a Home Occupation: (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day -car homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be me off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception, the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, not illuminated, not to exceed (1) square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. 4 EVALUATION AND RECOMMENDATION The applicant is requesting a Home Occupation for the sales and gunsmithing of firearms. The applicant is the sole employee, and all firearms will be stored on the premises in accordance with ATF regulations. Additionally, a security assessment of the home has been done by the Police Department's Crime Prevention Office, and the property was found to be in compliance. From the exterior of the home, business activity associated with this proposal will be undetectable. This use will not change the character of the neighborhood or adversely affect the surrounding properties due to the minimal activity expected with the use as well as the fact that no new construction is proposed. The proposed home occupation is consistent with the Comprehensive Plan, and supports one of the City's desired outcomes to ensure the opportunity to start and grow a business, or for one to enter into and prosper in the local job market (p. 1-2). Staff finds that the proposed in-home business meets the specific standards for a Home Occupation as provided by Section 234 of the Zoning Ordinance; therefore, staff recommends approval of this request with the conditions listed below. ROBERT JEFFERY MOREAU Agenda Item 5 Page 3 CONDITIONS 1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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. ROBERT JEFFERY MOREAU Agenda Item 5 Page 4 AERIAL OF SITE LOCATION ROBERT JEFFERY MOREAU Agenda Item 5 Page 5 • tia,o� s 6 S, O 1 1 Oglig SITE SURVEY ROBERT JEFFERY MOREAU Agenda Item 5 Page 6 CENTERVILLE Map C-10 Map Not to Sca! Robert Jeffery Moreau 'Zoning with ConditionsProffers, Open Space Promotion CUP - Firearm Sales and Gunsmithing ZONING HISTORY # DATE REQUEST ACTION 1 08/08/2000 Change of Zoning (R-7.5 to A-12) Approved ROBERT JEFFERY MOREAU Agenda Item 5 Page 7 Does an official or e�m loyee of the City of Virginia Beach have an subject land? Yes l l No 1/�I If yes, what is the name of the official or employee and the nature interest in the of their interest? DISCLOSURE STATEMENT ROBERT JEFFERY MOREAU Agenda Item 5 Page 8 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or e�m loyee of the City of Virginia Beach have an subject land? Yes l l No 1/�I If yes, what is the name of the official or employee and the nature interest in the of their interest? DISCLOSURE STATEMENT ROBERT JEFFERY MOREAU Agenda Item 5 Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's t• e Signa Robert Jeffery Moreau Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT ROBERT JEFFERY MOREAU Agenda Item 5 Page 9 I Item #5 Robert Jeffery Moreau Conditional Use Permit 1405 Shipps Landing District 1 Centerville May 14, 2014 CONSENT An application of Robert Jeffery Moreau for a Conditional Use Permit (Home Occupation — Firearm Sales and Gunsmithing) on property located at 1405 Ships Landing, District 1, Centerville. GPIN: 14654674140000. CONDITIONS 1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department, and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 5. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE NAY O ABS 0 ABSENT 0 Item #5 Robert Jeffery Moreau Page 2 OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 5 for consent. The applicant Robert Jeffery Moreau appeared before the Commission. 41) 1 • P. • P=I CO) 410 149HV 3)1O0aBa38WV CUP - Home Occupation - Family In Home Daycare 'Zoning with Conditions/Proffers, Open Space Promotion I ITEM: SUZETTE CIVIL -NOEL (Applicant / Owner), Conditional Use Permit (Family [Child] Daycare Home). 1941 Glen View Court (GPIN 1454885504). COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: June 17, 2014 • Background: The applicant requests a Conditional Use Permit for a Family [Child] Daycare Home for a maximum of 12 children. The applicant currently cares for five children and is requesting the Conditional Use Permit in order to expand to 12 children in her home at any one time. • Considerations: There is an existing single-family dwelling located on the subject site, which is at the northern end of Glen View Court. Typical hours of operation are proposed as 6:00 a.m. to 5:00 p.m. According to the application, the applicant has a Bachelor's Degree in Psychology with a minor in Education. As the applicant wishes to expand her current daycare operation to up to 12 children, she is currently pursuing licensure with the Commonwealth of Virginia for that many children. Further details pertaining to the applicant's proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family [Child] Home Daycare at any one time. I SUZETTE CIVIL -NOEL Page 2 of 2 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front facade of the house and within the fenced yard area when open for business. 5. A non -illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department sk . City Manager: Suzette Civil -Noel moxa s c-alio-PfolOo .. op- RIM Imn-kw CUP - Home Occupation - Family In Home Daycare 7 May 14, 2014 Public Hearing APPLICANT & PROPERTY OWNER: SUZETTE CIVIL - NOEL STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (Home Occupation — Home Family Daycare) ADDRESS / DESCRIPTION: 1941 Glen View Court GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14548855040000 CENTERVILLE 9,700 square feet Less than 65dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a Home Family [Child] Daycare facility for a maximum of 12 children. There is an existing single-family dwelling located on the subject site, which is at the northern end of Glen View Court — a cul-de-sac. Typical hours of operation are proposed as 6:00 a.m. to 5:00 p.m. The applicant currently cares for five children and is requesting the Conditional Use Permit in order to expand to 12 children in her home at any one time. According to the application, the applicant has a Bachelor's Degree in Psychology with a minor in Education and she may wish to hire an assistant in the future. As the applicant wishes to expand her current daycare operation to up to 12 children, as required based on the number of proposed children, she is currently pursuing licensure with the Commonwealth of Virginia. Typically, parents park in the driveway or in the street directly in front of her house. The almost 10,000 square foot lot has a Targe rear yard that is fenced, providing a safe area for the children to play. A large neighborhood open space area with play equipment is immediately adjacent to this site to the west. SUZETTE CIVIL -NOEL Agenda Item 7 Page 1 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Single family dwellings / R -5D Residential District • Multifamily dwellings / A-12 Apartment District • Glen View Court • Single family dwellings / R -5D Residential District • Open space • Single family dwellings / R -5D Residential District The property is in the Stumpy Lake watershed, a subset of the Southern Watersheds Management Area. There do not appear to be any significant natural or cultural features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. 4 IMPACT ON CITY SERVICES • MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Glen View Court is a two-lane, undivided, local street. It is not included in the MTP nor are there any roadway CIP projects slated for this street. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Glen View Court No Data Available No Data Available Existing Land Use 1— 10 ADT Proposed Land Use 3 - 64 'Average Daily Trips 2 as defined by typical single-family dwelling SUZETTE CIVIL -NOEL Agenda Item 7 Page 2 3 as defined by single-family dwelling with 12 -child daycare WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A Family [Child] Daycare Home is subject to licensure when 6 to 12 children, not including the provider's own children or any children who reside in the home, are provided care at any one time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted is based on age and is determined by a point system developed by the Virginia Department of Social Services. The applicant is requesting a Conditional Use Permit for a family daycare home for up to 12 children. A Conditional Use Permit is required by the City Zoning Ordinance for any home providing care for more than five children except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives, exceeds seven. There is ample outdoor play area for the children behind the house in the rear yard. The backyard of the property is entirely enclosed by a six-foot high privacy fence and provides ample space for play. Adequate space is available on the street as well as in the driveway for picking -up and dropping -off children. A condition is recommended that pick-up and drop-off times be staggered, to limit any possible congestion. Staff concludes that the applicant's request will not adversely impact any surrounding properties, and is consistent with the recommendations of the Comprehensive Plan for the Suburban Area. Based on the above, Staff recommends approval of this request with the conditions listed below. CONDITIONS 0 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family [Child] Home Daycare at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the child daycare business shall be located behind the front facade of the house and within the fenced yard area when open for business. SUZETTE CIVIL -NOEL Agenda Item 7 Page 3 5. A non -illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. 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. SUZETTE CIVIL -NOEL Agenda Item 7 Page 4 I AERIAL OF SITE LOCATION SUZETTE CIVIL -NOEL Agenda Item 7 Page 5 City of Virginia Beach M IO33GLEN 1E,CT 1931 CLE NNEW'CT 3313 MC•111MENT OR 3317 MO7&I. ENT r "721 H:tiJ'.'MEfR C 1 100R DISCLAIMER: The data Is provided Oas isO and the City of Virginia Beach expressly disclaims a3 warranties, UCC, and otherwise. exoress or imnli.d inrh,dinn nrrtir, d,r ...el SITE LOCATION SUZETTE CIVIL -NOEL Agenda Item 7 Page 6 CENTERVILLE Ziap B-11 Ma i+lot to Scale g I►NNANp�t Suzette Civil -Noel 'Zoning with Conditions/Proffers, Open Space Promotion CUP- Home Occupation - Family In Home Daycart ZONING HISTORY # DATE REQUEST ACTION 1 02/12/08 MOD of Conditions Granted 12/12/06 Rezoning (B-2 to Conditional B-4) Granted 2 01/12/99 Conditional Use Permit (Borrow Pit) Granted SUZETTE CIVIL -NOEL Agenda Item 7 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) EiCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City irginia Beach have an interest in the subject land? Yes J 1 No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT SUZETTE CIVIL -NOEL Agenda Item 7 Page 8 1 1 1 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. App cant's nature " # iJ2.- ) ,;//q C5V perty i'A er's Signature (if different than a icant) C I - Noe/ Print Name Print Name DISCLOSURE STATEMENT SUZETTE CIVIL -NOEL Agenda Item 7 Page 9 Item #7 Suzette Civil -Noel Conditional Use Permit 1941 Glen View Court District 1 Centerville May 14, 2014 CONSENT An application of Suzette Civil -Noel for a Conditional Use Permit (Home Occupation — Home Family Daycare) on property located at 1941 Glen View Court, District 1, Centerville. GPIN: 14548855040000. CONDITIONS The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 1. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family [Child] Home Daycare at any one time. 2. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 3. All play equipment associated with the child daycare business shall be located behind the front facade of the house and within the fenced yard area when open for business. 4. A non -illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 5. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE 1 Item #7 Suzette Civil -Noel Page 2 WEINER AYE By a vote of 11-0, the Commission approved item 7 for consent. The applicant Suzette Civil -Noel appeared before the Commission. -,I CUP - Motor Vehicle Rentals Crf,i'll'Ic:',S f� t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RODNEY PRICE (Applicant) / AEGEAN ASSOCIATES (Owner), Conditional Use Permit for Motor Vehicle (Truck and Trailer) Rentals. 4720B Princess Anne Road (GPIN 1476255091). COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: June 17, 2014 • Background: The applicant requests a Conditional Use Permit for Truck and Trailer Rentals to operate a U -Haul rental center within a currently vacant unit of the existing shopping center. Existing on the site is a strip shopping center in an "L" form with frontage on Edwin Drive and Princess Anne Road. The applicant proposes to operate within one of the units located in the northern portion of the strip shopping center. Between the strip shopping center and Princess Anne Road are two outparcels which have been developed with detached commercial buildings. Currently these' buildings are used as a restaurant and a dry cleaning facility. • Considerations: The applicant is proposing to operate seven days a week between the hours of 9:00 am and 5:00 pm. There will be a general manager and one employee operating this location. With the exception of signage, the applicant is proposing to make no physical changes to the site or exterior of the building. The applicant has proposed that six parking spaces be reserved for the trailers and trucks for rent. Three of these spaces are proposed to be located in front of the suite which the rental office will be located in. The applicant is also proposing to store and display three additional trucks or trailers to the north of the shopping center adjacent to Edwin Drive. Section 242.2 of the Zoning Ordinance provides the "Specific Standards" that are to be met by a "Truck and Trailer Rental" conditional use. The Standards are as follows: (a) The minimum lot size shall be twenty thousand (20,000) square feet. (b) Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a conditional use permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any front or I RODNEY PRICE Page 2 of 3 side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. (c) All lighting shall be directed toward the interior of the site and away from adjoining properties. (d) Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. The applicant desires to display and store up to six trucks and trailers on the site; however, based on the restrictions listed in Section 242.2(b) and (d), above, the applicant can only display three trucks or trailers on the site. The two constraining factors for this site are (1) the restrictions on the truck or trailer being located within ten feet of the right-of-way and (2) the lack of a location on this corner lot for an area that meets the criteria described in 242.2(d) for the storage of trucks and trailers in excess of three. Due to these constraints, one of the recommended conditions of the Use Permit limits the number of trucks or trailers on the subject site to three. The site is not capable of supporting more than three based on the provisions of Section 242.2. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. No onsite repairs or maintenance of any truck or trailer shall be permitted on this site. 2. The applicant may store/display a total of three trucks or trailers for rent. Parking of the trucks and trailers shall be limited to the three spaces as shown in the exhibit entitled, "Condition 2, Location of Trucks/Trailers," as prepared by Staff and included in this report. i RODNEY PRICE Page 3 of 3 3. No trucks or trailers for rent may be parked within any portion of a public right-of-way. 4. All signage related to this use must be in accordance with sign regulations outlined in the Zoning Ordinance. 5. Each truck or trailer available for rent must fit within one of the three marked 9' x 18' parking spaces. 6. An after-hours key drop-off box shall be provided and located in a well illuminated area within 100 feet of the front entrance of the rental office. 7. Upon violation of these conditions, the Conditional Use Permit shall be terminated. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department2 City Manager: ��'t" •A-- I(EMPSVILLE iia r -s Rodne Price • Zoning *i. CoodafonsPecArs. Open Sp. n.nof*, CUP -Truck and Trailer Rentals REQUEST: Conditional Use Permit for Truck and Trailer Rentals ADDRESS / DESCRIPTION: 4720-B Princess Anne Road GPIN: 14762550910000 1 0 May 14, 2014 Public Hearing APPLICANT: RODNEY PRICE PROPERTY OWNER: AEGEAN ASSOCIATES STAFF PLANNER: Kristine Gay ELECTION DISTRICT: SITE SIZE: AICUZ: KEMPSVILLE 105,954 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • The applicant requests a Conditional Use Permit for Truck and Trailer Rentals to operate a U -Haul rental center within a currently vacant unit of the existing shopping center. Existing on the site is a strip shopping center in an "L" form with frontage on Edwin Drive and Princess Anne Road. As shown on the location map above in blue, the applicant proposes to operate within one of the units located in the northern portion of the strip shopping center. Between the strip shopping center and Princess Anne Road are two out parcels which have been developed with detached commercial buildings. Currently these buildings are used as a restaurant and a dry cleaning facility. The applicant is proposing to operate seven days a week between the hours of 9:00 am and 5:00 pm. There will be a general manager and one employee operating this location. With the exception of signage, the applicant is proposing to make no physical changes to the site or exterior of the building. As shown on the included site plan exhibit, the applicant has proposed that six parking spaces be reserved for the trailers and trucks for rent. Three of these spaces are proposed to be located in front of the suite which the rental office will be located in. The applicant is also proposing to store/display three additional trucks or trailers to the north of the shopping center adjacent to Edwin Drive. RODNEY PRICE Agenda Item 10 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Strip shopping center / B-2 Business District SURROUNDING LAND USE AND ZONING: North: South: East: West: • Vacant land / R-10 Residential District • Single-family homes / R-10 Residential District • Larkspur Middle School / R-10 Residential District • Single-family homes / R-10 Residential District NATURAL RESOURCE AND The site is flat and mostly paved. There are no known significant CULTURAL FEATURES: cultural or natural features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods by preserving neighborhood quality, creating and protecting open spaces, and connecting suburban mobility. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There is no roadway Capital Improvement Program projects slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 34,960 ADT 1 14,800 ADT 1(Level of Service "C") — 27,400 ADT (Level of Service Existing Land Use 2 66 ADT Proposed Land Use 3 44 ADT Edwin drive 4,826 ADT 1 6,200 ADT 1(Level of Service "C") —11,100 ADT 1 (Level of Service «E„) 'Average Daily Trips 2 as defined by Specialty Retail 3 as defined by Vehicle Rental 4 EVALUATION AND RECOMMENDATION The applicant would like to operate a U -Haul truck and trailer rental office from a vacant suite of an existing shopping center on a site zoned B-2 Business District. In the B-2 zoning district, the proposed use requires a Conditional Use Permit for Truck and Trailer Rentals. RODNEY PRICE Agenda Item 10 Page 2 The applicant is requesting to have a total of six trucks or trailers available to rent. The applicant has called out the proposed location of the trucks and trailers on their submitted site plan. Section 242.2 of the Zoning Ordinance pertaining to Truck and Trailer Rentals, states that no more than three trucks or trailers for rent shall be displayed on the subject site; therefore, Staff is conditioning that there be no more than three trucks or trailers on the subject site. Staff is also conditioning the revised location of the trucks and trailers to ensure they are screened appropriately. Staff finds the proposed use and conditioned quantity and location of trucks and trailers to be appropriate to the subject site and surrounding land uses. The proposed use is also generally consistent with the Comprehensive Plan, therefore; Staff recommends approval of this request with the conditions below: CONDITIONS 1. No onsite repairs or maintenance of any truck or trailer shall be permitted on this site. 2. The applicant may store/display a total of three trucks or trailers for rent. Parking of the trucks and trailers shall be limited to the three spaces as shown in the exhibit entitled, "Condition 2, Location of Trucks/Trailers," as prepared by Staff and included in this report. 3. No trucks or trailers for rent may be parked within any portion of a public right-of-way. 4. All signage related to this use must be in accordance with sign regulations outlined in the Zoning Ordinance. 5. Each truck or trailer available for rent must fit within one of the three marked 9' x 18' parking spaces. 6. An after-hours key drop-off box shall be provided and located in a well illuminated area within 100 feet of the front entrance of the rental office. 7. Upon violation of these conditions, the Conditional Use Permit shall be terminated. 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. RODNEY PRICE Agenda Iter10 Page 3 I AERIAL OF SITE LOCATION RODNEY PRICE Agenda Item 10 Page 4 23 c U) n 0 L --V 1 O JVd -' Proposed location of display and storage of AS T-. 7�C ? .g N I41. 7 'IWTGI t ! 1 , , I •! 4' "r.--"2 2 ..3errvaa 1 4a3�4�;'E i'N21:'IYG'iT 1-I.WIM f Pt /i six trucks or trailers for rent 0 L7) PROPOSED SITE PLAN RODNEY PRICE Agenda Item 10 Page 5 Vt. .....!-'0='.', 't. -'"---.1,:t: r ' ^ at.'.. • :...-- • • L_,.. rTi 1 i .11 1 i il I 11 ot ii fi > ‘s LII .44 71:1 0 rn 1 ) i ,....,, '2 fl 1 1 1 J1 • 1 i'll ) fl I 11-1 il II ii_d rj g 11. . Iti r ' t,i il --si 1 :.8 5 • ) , ,;:,. , 4-2 g 1 F i, V . 71,5c..._„.$ . , •• , , ,.. z _}.L c n,v3.04, IT6_72 .JC.747FOLE ...- 1 Fnwim riPt- -S ‘ir 1.- --- :• - !,) ..,‘ F 7 -.7 - 7- - " . • , ' • . . • - • • ..• • .,,,.... - , -_,!, r: ,.1 7- ,--- • 7 '..t." ^, t- - V ,27.4. i• . -7 .) 1.• . C..41 1 -. ill t I. ? S..et!; ' E&I ! iThil-17.-711 . ' - k' '1)11 -- 1- - • 4. 1 1 i L _.._i_ 41 r2 :J• - t.. r-1 ./'-' -‘-) d -U ' i iu si. :i ': t 4, i I tGE F1 g •-. dliPHALT --) i . r• 1.• : ' it ..1,1ES 1.4 ' I -....: I. ,44,:;,,,A'."4,.- :‘,142:-T, 7:6 7,...,„,.. I 0 vs el- 4-- • 77....' J Staff's revised location of display of three trucks and trailers for rent CONDITION 2 LOCATION OF TRUCKS/TRAILERS Prepared by Staff RODNEY PRICE Agenda Item 10 Page 6 KEMPSVILLE Map E-8 MaNot to Scale Rodne Price • Zoning with Conditions Proffers. Open Space Promotion CUP -Truck and Trailer Rentals ZONING HISTORY # DATE REQUEST ACTION 1 12/07/2010 Modification of Conditions (Religious Facility) Approved 1 00/00/1968 Conditional Use Permit (Religious Facility) Approved 2 03/08/2005 Conditional Use Permit (Religious Facility) Approved 3 05/26/1996 Conditional Use Permit (Home for the Aged) Approved RODNEY PRICE Agenda Item 10 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) R0(7,00 r {Price- er7 5)-e ( f'r /" c 4 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ,f PA 111 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) if j Y., /� C ..+ eine _GIL) r � GC' 1 /3L tivtiotePJ G 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Ste GSC Akio" -' `c tCi. .c_J Apt/A-0 (- L ,"t, C lv l Cu� L -i Chd''blihere if the proper y ovOner is NUI acorporation',, partnership, firm, business, or other unincorporated organization. I1 & 2 See next page for footnotes Does an official or employee of,61 City of Virginia Beach have an interest in the subject land? Yes I I No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT RODNEY PRICE Agenda Item 10 Page 8 1 1 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (11) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning te site for purposes of processing and evaluating this application. ToPJvFYPtzle ignature Print Name bt PrortyOwner's Signature (if different than applicant) Print Name Gc %L4 c,` k. DISCLOSURE STATEMENT RODNEY PRICE Agenda Item 10 Page 9 Item #10 Rodney Price Conditional Use Permit 4720B Princess Anne Road District 2 Kempsville May 14, 2014 CONSENT An application of Rodney Price for a Conditional Use Permit for Truck and Trailer Rentals on property located at 4720-B Princess Anne Road, District 2, Kempsville. GPIN: 14762550910000. CONDITIONS 1. No onsite repairs or maintenance of any truck or trailer shall be permitted on this site. 2. The applicant may store/display a total of three trucks or trailers for rent. Parking of the trucks and trailers shall be limited to the three spaces as shown in the exhibit entitled, "Condition 2, Location of Trucks/Trailers," as prepared by Staff and included in this report. 3. No trucks or trailers for rent may be parked within any portion of a public right-of-way. 4. All signage related to this use must be in accordance with sign regulations outlined in the Zoning Ordinance. 5. Each truck or trailer available for rent must fit within one of the three marked 9' x 18' parking spaces. 6. An after-hours key drop-off box shall be provided and located in a well illuminated area within 100 feet of the front entrance of the rental office. 7. Upon violation of these conditions, the Conditional Use Permit shall be terminated. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 10. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 10 for consent. Crystal Price appeared before the Commission on behalf of the applicant. e CUP for Gas Station with Convenience Store • Zoning with Conditions/Proffers. Open Space Promotion [ (t u �t sio. 17.- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MID -ATLANTIC COMMERCIAL PROPERTIES (Application) / 336 CEDAR ROAD, LLC (Owner), Conditional Use Permit for Fuel Sales in Conjunction with Convenience Store. 720 Independence Blvd (GPIN 1478527314). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 17, 2014 • Background: The applicant is requesting a Conditional Use Permit to allow the development of a convenience store in conjunction with gasoline sales. A Conditional Use Permit pertaining to gasoline sales was approved by the Virginia Beach City Council on October 11, 1971. A second Conditional Use Permit was approved by Council on September 23, 1997 for fuel sales that incorporated a convenience store. The site is currently vacated and in a state of disrepair. The convenience store building located on the eastern side of the site remains; however, it will be removed and a new building constructed in the north east corner of the site. Since the proposed building and site designs vary significantly from those approved plan by Council, the applicant is requesting a Conditional Use Permit for this proposed gas station and convenience store. • Considerations: The applicant proposes to construct a 3,043 square foot convenience store along with a canopy that accommodates four fueling stations. Fourteen parking spaces and a loading space are also depicted on the submitted site plan. The submitted building elevations depict a one-story, 3,043 square foot 7 -Eleven convenience store. The primary exterior material is proposed as brick. The primary color of the building is a light brown (shale brown), with red brick accent features located in the middle of each facade. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances MID -ATLANTIC COMMERCIAL Page2of3 and standards, the site shall be developed in substantial conformance with the submitted Plan entitled "INDEPENDENCE BLVD., CONDITIONAL USE PERMIT CONCEPT", dated 4/01/2014, and prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the building shall be constructed in substantial conformance with the Elevations entitled, "7 -Eleven, 720 INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by HFA Architects, Engineers, Interiors, dated 06-03-14. Said Elevations have been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department 3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition #7 c. below, or as necessary to comply with applicable City development ordinances and standards, the fuel canopy shall be constructed in substantial conformance with the elevations entitled, "7 -Eleven, 720 INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by HFA Architects, Engineers, Interiors, dated 06-03- 14.. Said Elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 4. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the freestanding sign shall be monument style and constructed in substantial conformance with the Elevation entitled, "Front Elevation & Side Detail, 7 -Eleven #1032513, 720 Independence Drive, Virginia Beach, VA.," prepared by Harbinger. Said Elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the plant materials shall be installed in substantial conformance with the Plan identified in Condition #1 above. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 7. Signage for the site shall be limited to: a. Directional signs b. One (1) monument style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/ or canopy signs. MID -ATLANTIC COMMERCIAL Page 3 of 3 c. Striping on canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided as depicted on the Plan identified in Condition #1 above and shall be depicted on the final Site Plan. 10.A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non -business hours. 11.Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. 12. Pedestrian walkway(s) to the convenience store shall be provided as depicted on the Plan identified in Condition #1 above and from any required sidewalks in the public rights of way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site plan. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department cs-Cl_ City Manager: Mid Atlantic Commercial Properties • Zoo*, C.nswn.Ir.n... open Seen. Promotion CUP for Gas Station with Convenience Store REQUEST: Conditional Use Permit (Gas Station with Convenience Store) ADDRESS / DESCRIPTION: 720 Independence Boulevard GPIN: 14785273140000 4 May 14, 2014 Public Hearing APPLICANT: MID ATLANTIC COMMERCIAL PROPERTIES PROPERTY OWNER: 336 CEDAR ROAD LLC STAFF PLANNER: Kevin Kemp ELECTION DISTRICT: SITE SIZE: AICUZ: BAYSIDE 31,796 square feet <65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant is requesting a Conditional Use Permit to allow the development of a convenience store in conjunction with gasoline sales. A Conditional Use Permit pertaining to gasoline sales was approved by the Virginia Beach City Council on October 11, 1971. A second Conditional Use Permit was approved by Council on September 23, 1997 for fuel sales that incorporated a convenience store. The site is currently vacated and in a state of disrepair. The convenience store building located on the eastern side of the site remains; however, it will be removed and a new building constructed in the north east corner of the site. Since the proposed building and site designs vary significantly from those approved plan by Council, the applicant is requesting a Conditional Use Permit for this proposed gas station and convenience store. Details The applicant proposes to construct a 3,043 square foot convenience store along with a canopy that accommodates four fueling stations. Fourteen parking spaces and a loading space are also depicted on the submitted site plan. Landscaping, including a hedge row and large canopy trees, is shown along the property lines adjacent to both rights-of-way (Pembroke Boulevard and Independence Boulevard). Streetscape landscaping will be required where parking spaces are adjacent to a public street. Foundation landscaping is also shown along the two sides of the building primarily visible from the public MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 1 rights-of-way. Additionally, the location of the building in the rear corner of the site allows for a grassy area to be added to the northern portion of the site. The dumpster will be located in front of the building on the eastern property line, and the plan notes that it will be screened with a six-foot tall wall to match the building material and color. As the building is proposed with a brick exterior, a condition is recommended below that the wall be constructed of brick in a color to match the building. The required planting is depicted, where required around the dumpster's perimeter. During final site plan review, all planting and screening requirements will be reviewed in more detail. Access to the site will be from two existing curb cuts, one from Independence Boulevard and one from Pembroke Boulevard. One curb cut that currently exists along Independence Boulevard will be removed. The applicant will dedicate property along Independence Boulevard to the City to accommodate a new right -turn lane and to place the public sidewalk along Independence Boulevard entirely in the right-of-way. Pedestrian access to the building will be via a sidewalk that connects to the existing sidewalk along Independence Boulevard. A freestanding monument sign is depicted at the northwest corner of the site. The submitted building elevations depict a one-story, 3,043 square foot 7 -Eleven convenience store. The primary exterior material is proposed as brick. The primary color of the building is a light brown (shale brown), with red brick accent features located in the middle of each facade. The front facade incorporates storefront windows and an "industrial -style" canopy with exposed supports centered over the entry. Additional detailing includes a red brick band running horizontally around each side of the building, a dark bronze cornice along the roofline and dark colored quoins accenting the corners. The side elevations depict a scaled-down version of the metal canopy on the left elevation and a brick archway on the right elevation. Variations to the roofline on all sides of the building also add architectural interest. The design of the fuel canopy incorporates a cornice along the top edge and support columns wrapped in brick to match the building. 4 0 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Gas Station (vacant) SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Retail Shops / B-2 Community Business District • Pembroke Boulevard • Professional Offices /B-2 Community Business District • Retail Shops / B-2 Community Business District • Independence Boulevard • Retail Shops / B-2 Community Business District The site is completely impervious as the majority of the site is developed with a small commercial building, fuel canopy and paved surfaces. There do not appear to be any natural resource or cultural features associated with the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 2 protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential area that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard in the vicinity of this application is considered a six -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 -foot right -of —way. Currently, this segment of roadway is functioning over -capacity at a Level of Service F. Pembroke Boulevard in the vicinity of this application is considered a four -lane divided collector street. It is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. No roadway Capital Improvement Program projects are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Independence Boulevard 52,242 ADT 1 26,300 ADT 1(Level of Service "C") 42,100 ADT 1 (Level of Service "D") 48,200 ADT 1 (Level of Service "E") Existing Land Use 2 - 5,426 ADT Proposed Land Use 3 4,341 ADT Pembroke Boulevard 6,497 ADT 1 13,100 ADT 1(Level of Service "C") 20,700 ADT 1 (Level of Service "D") 22,800 ADT 1 (Level of Service "E") 'Average Daily Trips 2 as defined by a gas station with 10 fueling positions 3 as defined by a gas station with 8 fueling positions WATER: This site is already connected to City water. There is an existing 10 -inch City water main along Independence Boulevard. There is an existing 10 -inch City water main along Pembroke Boulevard. SEWER: This site must connect to City sewer. There is an existing 10 -inch City sanitary sewer gravity main and a 36 -inch HRSD force main along Independence Boulevard. There is an existing 12 -inch City sanitary sewer gravity main along Pembroke Boulevard. Pump Station #346, the receiving pump station MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 3 for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of the station and the sanitary sewer collection system may be required to ensure flows can be accommodated. EVALUATION AND RECOMMENDATION This proposal will redevelop what has become an outdated and highly visible property. The proposed site upgrades and proposed architectural design, in Staffs opinion, will be welcomed aesthetic improvements to the area. The proposed gas station with convenience store is similar in nature to the previous use on the site and is compatible with the commercial nature of this portion of Independence Boulevard. The Comprehensive Plan's Guidelines for Suburban Areas address both site and building design. It is Staffs belief that the proposal is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area and also with the Zoning Ordinance's Retail Design Guidelines. A brief summary of the applicable Guidelines is provided below. • Access and Circulation - The submitted site plan shows the vehicular and non -vehicular access is clearly marked. The number of entrances from Independence Boulevard is being consolidated from two curb cuts to one. Additionally, a right turn lane is being added to provide a safer entrance and exit onto a major right-of-way. The proposed site design pushes the building to the rear of the site, and separates vehicular and pedestrian traffic to provide safe and convenient internal circulation. • Pedestrian Movement - Sidewalks are depicted along both rights-of-way, and as required by the Zoning Ordinance, a pedestrian path from the sidewalk on Independence Boulevard to the building's entry is depicted on the submitted plan. • Parking Areas - Plant material within the parking lot will meet the minimum standards. The number of spaces provided on the submitted site plan meets the parking requirement as per the Zoning Ordinance. • Landscape Design Techniques - A ten -foot landscaping buffer consisting of a continuous hedge row and large canopy trees is provided along both property lines adjacent to public rights-of-way. The grassy area located in the public right-of-way at the corner of Independence and Pembroke Boulevards will remain. Additionally, an open grassy area will be added to the west of the proposed building, replacing what is currently asphalt cover. Foundation landscaping will be planted along the two facades of the building that are highly visible from Independence Boulevard. • Lighting - A condition is recommended to ensure that all outdoor lighting be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or the sky. Lighting is not anticipated to have any adverse effects on the surrounding properties, as the site is not directly adjacent to a residential use. • Signage - The proposed monument sign will be relocated to the northwest corner of the sight. The submitted site plan depicts the sign located in the open grassy area, and with landscaping surrounding the base. The proposed sign appears to be consistent in color and design theme of MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 4 the building and in compliance with the Zoning Ordinance. A separate sign permit is required for further scrutiny to ensure the monument, building and canopy signs meet sign standards. • Building Design - The updated building design is proposed with high quality building materials and is consistent with the Retail Design Guidelines. Based on the findings above, staff recommends approval of the Use Permit, subject to the conditions below. CONDITIONS 1. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted Plan entitled "INDEPENDENCE BLVD., CONDITIONAL USE PERMIT CONCEPT", dated 4/01/2014, and prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the building shall be constructed in substantial conformance with the Elevations entitled, "7 -Eleven, 720 INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by HFA Architects, Engineers, Interiors, dated 06-03-14. Said Elevations have been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department 3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition #7 c. below, or as necessary to comply with applicable City development ordinances and standards, the fuel canopy shall be constructed in substantial conformance with the elevations entitled, "7 -Eleven, 720 INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by HFA Architects, Engineers, Interiors, dated 06-03-14.. Said Elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 4. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the freestanding sign shall be monument style and constructed in substantial conformance with the Elevation entitled, "Front Elevation & Side Detail, 7 -Eleven #1032513, 720 Independence Drive, Virginia Beach, VA.," prepared by Harbinger. Said Elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the plant materials shall be installed in substantial conformance with the Plan identified in Condition #1 above. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 5 7. Signage for the site shall be limited to: a. Directional signs b. One (1) monument style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/ or canopy signs. c. Striping on canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, Tight poles or any other portion of the Site. 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided as depicted on the Plan identified in Condition #1 above and shall be depicted on the final Site Plan. 10. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non -business hours. 11. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. 12. Pedestrian walkway(s) to the convenience store shall be provided as depicted on the Plan identified in Condition #1 above and from any required sidewalks in the public rights of way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site plan. 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. MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 6 AERIAL OF SITE LOCATION MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 7 ��iu►aNe18T i 9 " wl• = 'GI\18 3ON3ON3d3ONI ts_;U Iv /Po I t_ 1p�ac i A4 F€ 9:/ II I@t`sa40.th 2 LANDSCAPE REQUIREMENTS VICINITY MAP 44s Q 0 PROPOSED CONCEPT PLAN (Condition 1) MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 8 . mt Vcati1 a r, ��1f80v — 000s 414N.,3 1M7/l d1 A9 3,wY 34 N‘' n N ENLARGED VIEW OF PROPOSED CONCEPT PLAN (Condition 1) MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 9 'X TOB N.O. 3 v 30,0n00m x< N3A179-2 tot PROPOSED BUILDING ELEVATION (Conditions 2 & 3) MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 10 (0 ON ONf. STOW OF CMXIMC ij t 1 il .lit[ 1 i f 4U 5 C yrs FREESTANDING SIGN ELEVATION (Condition 4) MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 11 11 BAYSI DE Map E-5 Map Not to Scale Mid Atlantic Commercial Properties B2 M..N. .N.M. SC %,-;157r,R ofiO�o�� V�_•L 'Zoning with Conditions Proffers, Open Space Promotion CHEtaE4 a; R CUP for Gas Station with Convenience Store ZONING HISTORY # DATE REQUEST ACTION 1 05/11/2010 Conditional Use Permit (Religious Use) Approved 2 08/13/2008 Conditional Use Permit (Bulk Storage Yard) Deferred 3 04/13/1999 Conditional Use Permit (Indoor Recreation Facility) Approved 4 09/23/1997 Conditional Use Permit (Gas Station with Convenience Store) Approved 10/11/1971 Conditional Use Permit (Gas Station) Approved 5 12/12/1983 Change of Zoning (B-2 to A-2) Approved 6 09/13/1982 Conditional Use Permit (In-home Daycare facility) Approved 7 02/12/1973 Change of Zoning (CL -3 to CG -3) Approved 8 06/18/1973 Conditional Use Permit (Veterinary Office) Approved 9 09/10/1970 Conditional Use Permit (Gas Station) Approved MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 12 Does an official or e�m-4jloyee of theemCity of Virginia Beach have an interest in the subject land? Yes I I No 1/(_ If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 13 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Mid-Atlantic Commercial Properties; George A. Morgan III, President 2. List all businesses that have a parent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) MORGAN PROPERTY GROUP CCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) II Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or e�m-4jloyee of theemCity of Virginia Beach have an interest in the subject land? Yes I I No 1/(_ If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 13 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) Blakeway Corporation, Interplan, LLC ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heating, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. .411111.111° - cant's Sig 40° --e'c)(5.c A Print Name" Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT MID ATLANTIC COMMERCIAL PROPERTIES Agenda Item 4 Page 14 Item #4 Mid Atlantic Commercial Properties Conditional Use Permit 720 S. Independence Boulevard District 4 Bayside May 14, 2014 CONSENT An application of Mid Atlantic Commercial Properties for a Conditional Use Permit (Gas Station with Convenience Store) on property located at 720 Independence Boulevard, District 4, Bayside. GPIN: 14785273140000. CONDITIONS 1. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted Plan entitled "INDEPENDENCE BLVD., CONDITIONAL USE PERMIT CONCEPT", dated 4/01/2014, and prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the building shall be constructed in substantial conformance with the Elevations entitled, "7 -Eleven, 4904 Haygood Rd., Virginia Beach, VA" prepared by HFA Architects, Engineers, Interiors, dated 05-13-14. Said Elevations have been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department 3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition #7 c. below, or as necessary to comply with applicable City development ordinances and standards, the fuel canopy shall be constructed in substantial conformance with the elevations entitled, "7 -Eleven, 4904 Haygood Rd., Virginia Beach, VA" prepared by HFA Architects, Engineers, Interiors, dated 05-13-14. Said Elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 4. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the freestanding sign shall be monument style and constructed in substantial conformance with the Elevation entitled, "Front Elevation & Side Detail, 7 -Eleven #1032513, 720 Independence Drive, Virginia Beach, VA.," prepared by Harbinger. Said Elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the plant materials shall be installed in substantial conformance with the Plan identified in Condition #1 above. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 7. Signage for the site shall be limited to: a. Directional signs b. One (1) monument style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/ or canopy signs. c. Striping on canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. Item #4 Mid Atlantic Commercial Properties Page 2 d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided as depicted on the Plan identified in Condition #1 above and shall be depicted on the final Site Plan. 10. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non- business hours. 11. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. 12. Pedestrian walkway(s) to the convenience store shall be provided as depicted on the Plan identified in Condition #1 above and from any required sidewalks in the public rights of way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site plan. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 4 for consent. Steve Romine appeared before the Commission on behalf of the applicant. CUP - Gas Station with Convenience Store 'Zoning with Condidons/Proffers, Open Space Promotion Ito CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARAE TUCKER & THE HAYGOOD BEACH, LLC (Applicant) / PHILIP RICHARDSON (Owner), Conditional Use Permit (Fuel Sales in Conjunction with a Convenience Store). 4904 Haygood Road (GPIN 1478047897). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 17, 2014 • Background: The applicant requests a Conditional Use Permit for redevelopment of this site with fuel sales and removal of the existing car wash. Specifically, the request is to redevelop the site with a 2,950 square foot convenience store while re -facing the existing fuel canopy and removing the existing car wash structure. Along with the new convenience store and existing canopy with 10 fueling stations, sixteen parking spaces and a loading space are depicted on the conceptual site layout. • Considerations: Access to the site will be from two existing curb cuts, one from Crossborough Road and one from Haygood Road. The existing sidewalks along both streets will continue to provide pedestrian access to the site. The submitted building elevations depict a one-story convenience store with brick as the primary exterior material. A prefinished metal, "industrial -style" canopy with exposed supports is proposed over the building's entry as well as dark bronze, aluminum storefront windows along the front facade. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled, "Haygood Road, Conditional Use Permit Layout Plan," prepared by i LARAE TUCKER & THE HAYGOOD BEACH Page2of3 Blakeway Corp, dated 04/14/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City development ordinances and standards, the building and canopy shall be constructed in substantial conformance with the elevations entitled, "7 -Eleven, 4904 Haygood Road, Virginia Beach, VA 23455," prepared by HFA Architects, Engineers, Interiors, dated 05/13/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When developed, the plant materials shall be installed in substantial conformance with the submitted landscape plan entitled, "Haygood Road, Conditional Use Permit Landscape Plan," prepared by Kathleen Zeren, dated 04/13/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. The dumpster shall be enclosed with a solid brick wall to match the building, as depicted on the elevations identified in Condition #2, and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 5. Signage for the site shall be limited to: a. Directional signs. b. One (1) freestanding sign, no more than eight (8) feet in height and two (2) building and/ or canopy signs. c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. a. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. 6. No outdoor vending machines and/or display of merchandise shall be allowed. 7. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall be depicted on the final site plan. 8. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed, final site plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be i LARAE TUCKER & THE HAYGOOD BEACH Page 3 of 3 consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non -business hours. 9. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. 10. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site plan. is Attachments: Staff Report 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: I!tAYSIDE Laron, Larae Tucker / The Haygood Beach, L.L.C. e • /M.p.IF C«mrem+v.ah... a.^ sw Pio.aaa. CUP - Gas Station with Convenience Store REQUEST: Conditional Use Permit (fuel sales & convenience store) ADDRESS / DESCRIPTION: 4904 Haygood Road 8 May 14, 2014 Public Hearing APPLICANT: LARAE TUCKER/THE HAYGOOD BEACH, LLC PROPERTY OWNER: PHILLIP RICHARDSON/ PHILLIP RICHARDSON, INC. STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: 14280478970000 BAYSIDE 0.92 acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • The applicant requests a Conditional Use Permit for redevelopment of this site with fuel sales and removal of the existing car wash. Specifically, the request is to redevelop the site with a 2,950 square foot convenience store while re -facing the existing fuel canopy and removing the existing car wash structure. Along with the new convenience store and existing canopy with 10 fueling stations, sixteen parking spaces and a loading space are depicted on the conceptual site layout. Enhanced plantings include streetscape landscaping along both rights-of-way, interior parking lot trees, the required Category IV landscape buffer along the northern property line and a small lawn area. Foundation plantings are also shown along the front and east -side facades, both visible from the public rights-of-way. The dumpster is proposed out in the back northwest corner of the property, adjacent to a bike rack. The existing freestanding, pole sign is slated to remain and be resided. LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 1 Access to the site will be from two existing curb cuts, one from Crossborough Road and one from Haygood Road. The existing sidewalks along both streets will continue to provide pedestrian access to the site, likely serving student foot traffic from nearby Bayside High School. The submitted building elevations depict a one-story, 7 -Eleven convenience store with primary exterior material as brick. A prefinished metal, "industrial -style" canopy with exposed supports is proposed over the building's entry as well as dark bronze, aluminum storefront windows along the front facade. Additional detailing on the side facades includes a scaled-down version of the metal canopy on the right elevation and a brick archway on the left elevation. The use of contrasting brick at the water table, in the middle of the building and on a raised section of the proposed parapet; the addition of an exterior insulation finishing system (EIFS) cornice; and, variations to the roofline on all sides of the building also all add to the building's architectural interest and assist in meeting design guidelines of both the Zoning Ordinance and the Comprehensive Plan. The elevations note that all mechanical equipment will be screened from view by the building's parapet. The portion of the existing "T-shaped" fuel canopy that connects the store to the fuel canopy will be removed, thereby reducing the mass and improving the scale of the development. While the majority of the existing fuel canopy will remain, it is proposed to be refaced with white panels with limited striping as recommended in the conditions found at the end of this report. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: vacant fuel sales and car wash buildings SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Daycare, single family dwellings / B-2 Community Business District, R-7.5 Residential District • Haygood Road • Convenience store / B-2 Community Business District • Crossborough Road • Auto parts sales, office, self storage / B-2 Community Business District • Financial institution / B-2 Community Business District This site is within the Chesapeake Bay watershed. As the property is currently developed with as a car wash and fuel sales operation and is almost entirely impervious, there are no known cultural or significant environmental features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Haygood Road is considered a four -lane, undivided, minor urban arterial. The MTP proposes a four -lane facility within a 110 -foot wide right-of-way. Crossborough Road is considered a two-lane, undivided local street and is not included in the MTP. There are no roadway CIP projects slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Haygood Road 18,675 ADT 1 14,800 ADT 1(Level of Service "C") — 27,400 ADT 1 (Level of Service "E") Existing Land Use 1— 5,426 ADT Proposed Land Use 3 — 5,426 ' Average Daily Trips 2 as defined by fuel sales, 10 positions 3 as defined by fuel sales, 10 positions WATER: This site is already connected to City water. There is an existing 10 -inch City water main along Haygood Road and an existing 24 -inch City water main transmission main along Crossborough Road. The existing one -inch water meter may be used or upgraded to accommodate the proposed redevelopment. SEWER: This site is already connected to City sanitary sewer. There is an existing eight -inch City sanitary sewer gravity main along Crossborough Road. There is an existing 14 -inch City sanitary sewer force main and an eight -inch City sanitary sewer gravity main along Haygood Road. Analysis of Pump Station #337 and the sanitary sewer collection system is required during final site plan review to ensure future flows can be accommodated. 4 EVALUATION AND RECOMMENDATION The increased plantings, the updated architecture and the reduction of the existing fuel canopy will bring improved aesthetics to this aging and highly visible property. The proposed redevelopment of this site is consistent with the uses typically found in commercial area as well as consistent with the Comprehensive Plan's land use goals that address preservation and protection of neighborhood stability. The applicant's proposal improves site aesthetics by: replacing the aging building; reducing the size and updating the fuel canopy; utilizing high quality exterior building materials; providing additional plant material throughout the site, reflective of current requirements; and, updating site lighting to prevent light bleed and glare onto adjacent properties and the rights-of-way. The proposal is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to reinforcing commercial uses that are compatible with the surrounding area. The Comprehensive Plan's Guidelines for Suburban Areas addresses both site and building design. It is Staff's opinion that the submitted project is consistent with the Comprehensive Plan's Guidelines and land LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 3 use policies as well as the Zoning Ordinance Retail Design Guidelines. A brief summary of the applicable Guidelines is provided below. Access and Circulation - The submitted plan depicts clear and safe vehicular ingress/ingress as well as continued pedestrian access along the rights-of-way. The western ingress/egress point along Haygood Road is shared with the parcel to the west. Pedestrian Movement - Sidewalks are depicted along both rights-of-way. During final site plan review, the required pedestrian path from the sidewalk on Crossborough Road to the building will likely be required. Parking Areas — The number of vehicular parking spaces and the proposed bike parking provided on the submitted plan meets the minimum parking requirement, as per the Zoning Ordinance. The addition of a lawn area as well as plant material within the parking lot will be a welcome aesthetic improvement. Landscape Design Techniques — The applicant should be commended for retrofitting this site to meet required parking lot, streetscape, foundation and buffering requirements. These include the installation of interior parking lot trees, trees and shrubs along both rights-of-way, the required Category IV screening along the northern property line, and foundation plantings along the south and east facades. Further scrutiny of the proposed plantings to ensure compliance with all requirements will be done during final site plan review. Lighting - A condition is recommended to ensure that all outdoor lighting be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or the sky. Signage - The reuse of the existing pole sign is acceptable. The submitted plan depicts the sign located at the corner within a landscaped bed. The proposed sign appears to be in compliance with the Zoning Ordinance. A separate sign permit is required for further scrutiny to ensure the freestanding, building and canopy signs meet sign standards. Building Design — The updated building design is proposed with high quality building materials and is consistent with the Retail Design Guidelines. The use of a prefinished metal canopy on an "industrial style" building appears to be an architectural trend and one that Staff is conservatively recommending approval of until several stores have been constructed and a more detailed analysis can be done. Staff recommends approval of this request subject to the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled, "Haygood Road, Conditional Use Permit Layout Plan," prepared by Blakeway Corp, dated 04/14/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City development ordinances and standards, the building and canopy shall be LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 4 constructed in substantial conformance with the elevations entitled, "7 -Eleven, 4904 Haygood Road, Virginia Beach, VA 23455," prepared by HFA Architects, Engineers, Interiors, dated 05/13/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When developed, the plant materials shall be installed in substantial conformance with the submitted landscape plan entitled, "Haygood Road, Conditional Use Permit Landscape Plan," prepared by Kathleen Zeren, dated 04/13/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. The dumpster shall be enclosed with a solid brick wall to match the building, as depicted on the elevations identified in Condition #2, and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 5. Signage for the site shall be limited to: a. Directional signs. b. One (1) freestanding sign, no more than eight (8) feet in height and two (2) building and/ or canopy signs. c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. a. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. 6. No outdoor vending machines and/or display of merchandise shall be allowed. 7. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall be depicted on the final site plan. 8. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed, final site plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of Tamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non -business hours. 9. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. 10. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site plan. LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 5 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. LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 6 AERIAL OF SITE LOCATION LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 7 diodaitOWit- i 1114..41 INV UpAY113N3i 3pI M1011MOD OVOM 0009AVH i 11 I $163AoIthi iiiii0 i,ns 1 A O A O A O AO �Ty GP.APEIIC SCALE PROPOSED SITE LAYOUT (Condition 1) LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 8 11 ENLARGED VIEW OF PROPOSED SITE LAYOUT (Condition 1) LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 9 dio,��nnaHe18T Milliendesmad41=4"41__2f_.,- Ma re,om avow 0000AVH 1ii1 mum= I ! Tiding41111 , En !li IIII 4311/11M131.33301311:1333 MINIM 33331313313133 PROPOSED LANDSCAPE PLAN (Condition 3) LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Rem 8 Page 10 A NO 3,13113.1..3.316 110f re PROPOSED BUILDING, FUEL CANOPY & DUMPSTER ELEVATIONS (Conditions 2 & 4) LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 11 BAYSI DE Map D-5 Map Not to Scale Larae Tucker / The Haygood Beach, L.L.C. ' Zoning with ConditionaRrofera. Open Space Promotion CUP - Gas Station with Convenience Store ZONING HISTORY # DATE REQUEST ACTION 1 02/11/03 Conditional Use Permit (mini -warehouse) Granted 2 03/08/94 Conditional Use Permit (mini -warehouse) Granted 3 01/22/02 Conditional Use Permit (auto sales) Granted 4 09/13/82 Conditional Use Permit (fuel sales) Granted 5 04/11/83 Conditional Use Permit (auto sales) Granted 6 03/10/98 Conditional Use Permit (communication tower) Granted LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 12 Does an official or e subject land? Yes If yes, what is the name of the official or employee and the nature of their interest? oyee of IhI City of Virginia Beach have an interest in the No DISCLOSURE STATEMENT LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 13 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) The Haygood Beach, LLC / Jason Keen - Manager 1 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Complete If the unincorporated 1. Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE this section only if property owner is different from applicant. property owner is a corporation, partnership, firm, business, or other organization, complete the following: List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F---1 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or e subject land? Yes If yes, what is the name of the official or employee and the nature of their interest? oyee of IhI City of Virginia Beach have an interest in the No DISCLOSURE STATEMENT LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 13 4 4 3 4 1 4 1 4 1 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) Real Estate Services - Verdad Real Estate Architectural and Engineering Services - Harrison French & Associates Architects p Legal Services - Stephen R. Romine Attorney at Law LECLAIRRYAN Civil Engineering Services - Blakeway Corporation 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. gr CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plan r g to photo yja9and view the site for purposes of processing and evaluating this application. Applicant's Signature,! Larae Tucker Print Name Jason Keen - Manager Property Cjeinars : nat e (if different than applicant) Print Name DISCLOSURE STATEMENT LARAE TUCKER/THE HAYGOOD BEACH, LLC Agenda Item 8 Page 14 Item #8 Larae Tucker & The Haygood Beach, L.L.C. Conditional Use Permit 4904 Haygood Road District 4 Bayside May 14, 2014 CONSENT An application of Larae Tucker & The Haygood Beach, L.L.C. for a Conditional Use Permit (fuel sales & convenience store) on property located at 4904 Haygood Road, District 4, Bayside. GPIN: 14280478970000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled, "Haygood Road, Conditional Use Permit Layout Plan," prepared by Blakeway Corp, dated 04/14/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City development ordinances and standards, the building and canopy shall be constructed in substantial conformance with the elevations entitled, "7 -Eleven, 4904 Haygood Road, Virginia Beach, VA 23455," prepared by HFA Architects, Engineers, Interiors, dated 05/13/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When developed, the plant materials shall be installed in substantial conformance with the submitted landscape plan entitled, "Haygood Road, Conditional Use Permit Landscape Plan,"prepared by Kathleen Zeren, dated 04/13/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. The dumpster shall be enclosed with a solid brick wall to match the building, as depicted on the elevations identified in Condition #2, and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 5. Signage for the site shall be limited to: a. Directional signs. b. One (1) freestanding sign, no more than eight (8) feet in height and two (2) building and/ or canopy signs. c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. 6. No outdoor vending machines and/or display of merchandise shall be allowed. 7. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall be depicted on the final site plan. 8. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed, final site plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. Item #8 Larae Tucker & The Haygood Beach, L.L.C. Page 2 All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non- business hours. 9. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final site plan. 10. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site plan. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 8. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 8 for consent. Steve Romine appeared before the Commission on behalf of the applicant. O Q. 01 co CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FIVE MILE STRETCH ASSOCIATES, LLC (Applicant & Owner), Conditional Change of Zoning, AG-1/AG-2 Agricultural to Conditional PD -H2 Planned Unit Development [R-10]. 2800 to 2900 Block of Princess Anne Road (GPIN 1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494479615; 1494461695). PRINCESS ANNE DISTRICT. MEETING DATE: June 17, 2014 • Background: The applicant requests a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to PD -H2 Planned Unit Development District [R-10]. The applicant has consolidated six parcels of undeveloped land on the north side of Princess Anne Road for the purpose of developing a single-family residential community. The Planning Commission acted on this request on July 10, 2013. The City Council deferred the request on August 27, 2013, October 22, 2013, and again on April 8. The applicant requested that the application be returned to the City Council for consideration. Staff, therefore, scheduled the application for the earliest available City Council meeting, considering the time required for meeting the legal requirements of posting public notice on the property, legal advertisement, and notification of adjacent property owners. • Considerations: The applicant, by letter dated June 10, 2014, requests an indefinite deferral of this application. • Recommendations: Staff recommends that City Council grant the applicant's request for an indefinite deferral of the application. • Attachments: June 10, 2014 Letter Requesting Deferral Location Map Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department City Manager: \L.'illr'' .. SY YJ S, BOURDON, ASN & LEVY, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK - BUILDING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 FACSIMILE: 757-456-5445 Via Email and Hand Delivery June 10, 2014 The Honorable William D. Sessoms, Jr. Vice Mayor Louis R. Jones Members of City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk 2401 Courthouse Drive Suite 281 Virginia Beach, Virginia 23456 JON M. AHERN R. EDWARD BOURDON. JR. JAMES T. CROMWELL L. STEVEN EMMERT ANGELINA S. LEE KIRK 8. LEVY MICHAEL J. LEVY' HOWARD R. SYKES. JR. LEONARD C. TENGCO %dnriMd In Virginia end Washi gIon DC Re: Pending Application of Five Mile Stretch Associates, LLC for Conditional Change of Zoning District Classification from AG -1 & AG -2 to Conditional PDH -2 District with an underlying R -5D Residential District; Proposed Princess Anne Meadows Currently scheduled for Public Hearing on June 17, 2014 Dear Mayor Sessoms, Vice Mayor Jones and Members of City Council: On behalf of Five Mile Stretch Associates, LLC, I am writing to advise that my client hereby requests the above referenced application be indefinitely deferred. I will keep Councilwoman Henley and the Planning Director informed in advance of this application coming up for consideration by Council. We appreciate your favorable action on this request for an indefinite deferral on June 17, 2014. With best regards, I am REBjr/arhm cc: Councilwoman Barbara Henley Jack Whitney, Director, Department of Planning Stephen White, Department of Planning B. Kay Wilson, Associate City Attorney RJ McGinnis, Five Mile Stretch Associates, LLC Vanessa Phillips Flores, Kotarides Developers, LLC H:\AM\Conditional Rezoning\Five Mile Stretch\Sessoms_Ltr 6-lo-14.doc N w N 0 m C ' O• • coS. *a Pea ✓ C) w � N O m O ac O L. a • ots E O L. as o G o c0 E'er eU d M cn • G g • N 0- P. 0V 0 • ITEM: VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC (Applicant) / CITY OF VIRGINIA BEACH (Owner): (a) Conditional Change of Zoning, B-2 Community Business & AG -1 Agricultural to Conditional B-2 Community Business and Conditional Use Permit for Outdoor Recreation Facility (Baseball Stadium) (GPINs - 1484871819; portion of 1484869245; & portion of 1484879998). (b) Conditional Use Permit for Outdoor Recreational Facility (Baseball / Softball Tournament Complex) (GPINs - portions of 1484869245, 1494249673, & 1484879998). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: June 17, 2014 ■ Background: The applicant's development proposal is the result of a Request for Interest and Qualifications (RFI -Q) for the development of a Youth Baseball Tournament Complex and Additional Athletic Facilities, issued by the City of Virginia Beach in September 2013. The applicant's proposal in response to the RFI -Q was selected. To develop the site as proposed, however, a Change of Zoning (Conditional B-2 and AG -1 to Conditional B-2) and Conditional Use Permit (Outdoor Recreation) are necessary for the stadium and commercial complex, and a Conditional Use Permit (Outdoor Recreation) is necessary for the Tournament Complex. The applicant has submitted the requisite applications for each of these. • Considerations: In general, the proposed development will be located in two different areas of Princess Anne Commons between the east side of Landstown Road and the Virginia Beach National Golf Course. A 5,000 -seat (plus 2,000 `berm' seats) baseball stadium and a 60,000 square foot office building will be situated directly west of the Sportsplex stadium adjacent to Landstown Road. The tournament complex will be situated between the southern edge of the right-of-way for the Southeastern Parkway and Greenbelt (SEP&G) and the southern boundary of the City -owned area of Princess Anne Commons. The Tournament Complex will consist of 13 lighted diamond fields (10 with artificial turf) and a parking lot of approximately 1,200 spaces. II VIRGINIA BEACH PROFESSIONAL BASEBALL Page 2 of 5 Further details pertaining to site layout, building design, and the proposed use, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered and with the conditions below as applicable to the Use Permits. PROFFERS: PROFFER 1: When the Property is developed, it shall be as a Baseball and Multi -Use Stadium with ancillary office and sports related retail space substantially in accordance with the conceptual plan entitled "PROJECT MASTER PLAN -VA Beach Athletic Village", dated March 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Project Plan"). PROFFER 2: When the Property is developed, the stadium and attached office/retail building shall be substantially in conformity with the conceptual renderings of the "Ballpark" prepared by Dills Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: The uses within the portion of the structure depicted on the Project Plan and designated "Office Building" shall be consistent with the concept of an "athletic village" containing facilities to accommodate the full range of sports skills instruction, sports training, sports therapy, wellness training and conditioning, and sports related retail which are predominantly oriented toward those who have or might in the future avail themselves of the facilities located throughout Princess Anne Commons and the athletic village. Additional permitted uses shall be offices and eating and drinking establishments without drive-through, outdoor cafes and outdoor plazas. No drive- through uses shall be permitted. PROFFER 4: The party of the first part will work with City of Virginia Beach staff to incorporate elements of LEED certification where feasible. PROFFER 5: Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and/or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides VIRGINIA BEACH PROFESSIONAL BASEBALL Page 3 of 5 with appropriately sized parapet walls to screen equipment. PROFFER 6: No separate monument sign for the retail. The retail sign shall be incorporated into the monument style sign approved by the Planning Director or his designee for the Property. Materials to be compatible with the building exteriors on the site as well as adhere to the design guidelines for the Princess Anne Commons. PROFFER 7: Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his designee. PROFFER 8: All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. PROFFER 9: All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the site. PROFFER 10: All buildings and structures constructed on the Property shall be designed in a manner complementary with the Princess Anne Commons Design Guidelines. PROFFER 11: Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated September 23, 2008 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20090211000133710. CONDITIONS OF USE PERMIT (BASEBALL STADIUM) 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the stadium and attached office/retail building shall be developed in substantial conformity with the conceptual renderings of the stadium prepared by Dills Architects, and the conceptual site layout, labeled `PROJECT MASTER PLAN' and `Exhibit A,' prepared by Dills Architects and VHB, which have been VIRGINIA BEACH PROFESSIONAL BASEBALL Page 4 of 5 exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Parking in Parking Lot C (201 spaces) shall be shared with other venues within Princess Anne Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee" established by the City of Virginia Beach. 3. All way -finding and site identification signage shall be designed with materials compatible with the building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said signs shall approved by the Planning Director or his designee. 4. The applicant is responsible for obtaining all environmental permits, including wetland and stormwater permits, prior to construction. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with the development site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties and streets outside the site. CONDITIONS OF USE PERMIT (TOURNAMENT COMPLEX) 6. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the Tournament Complex shall be developed in substantial conformity with the conceptual renderings of said complex [as provided in this staff report], prepared by Dills Architects, and the conceptual site layout, labeled `PROJECT MASTER PLAN' and `Exhibit A,' prepared by Dills Architects and VHB, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 7. The park open space areas shown on the plan referenced in Condition 6 shall be designed in coordination with the Department of Parks and Recreation / Planning and Design Office to ensure conformance with Parks and Recreation Design Standards. 8. A tree preservation plan shall be prepared for the park open space area as part of the park design and approved by City Arborist. 9. Applicant is responsible for obtaining all environmental permits, including wetland and stormwater permits, prior to construction. 10.All way -finding and site identification signage shall be designed with materials compatible with the building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said signs shall approved by the Planning Director or his designee. 11. Parking in Parking Lot D (1,195 spaces) shall be shared with other venues within Princess Anne Commons for large events, as coordinated by the VIRGINIA BEACH PROFESSIONAL BASEBALL Page 5 of 5 "Sportsplex Event Coordination Scheduling Committee" established by the City of Virginia Beach. 12.AII outdoor lighting shall be shielded to direct light and glare onto the complex grounds. A lighting or photometric diagram plan shall be submitted with the development site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties and streets outside the site. 13. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. ■ Attachments: Staff Report 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 PRINCESS ANNE Nlap G,H-11.12 A{4„ FkY b &Wee Virginia Beach Professional Baseball L.L.C. C Prort.. Opmr Sp . Promotion CUP for Outdoor Recreation - (Baseball Fields) Zoning Change from AG -1 s Conditional 8.2 to Conditional 8-2 (Stadium 6 June 11, 2014 Public Hearing APPLICANT: VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White REQUEST: (a) Conditional Change of Zoning (AG -1 and Conditional B-2 to Conditional B-2) (b) Conditional Use Permit (Outdoor Recreation Facility [Baseball Stadium]) (c) Conditional Use Permit (Outdoor Recreation Facility [Baseball Field Complex]) ADDRESS / DESCRIPTION (a) & (b): East side of Landstown Road, immediately south of Landstown Centre Way (GPINs 1484871819 and 1484879998) ELECTION DISTRICT: PRINCESS ANNE ADDRESS / DESCRIPTION (c): East side of Landstown Road, approximately 2,400 feet south of its intersection with Landstown Centre Way (GPINs 1484871819 and 1484879998) SITE SIZE: Items (a) & (b) = 16 acres Item (c) = 108.7 acres AICUZ: 70 to 75 dB DNL Interfacility Traffic Area (ITA) BACKGROUND / DETAILS OF PROPOSAL Background The subject sites are located within the area of the city designated by the Comprehensive Plan as Princess Anne Commons, part of the Interfacility Traffic Area and Special Economic Growth Area 4. Princess Anne Commons consists of several different but highly integrated 'village / campus' areas: academic, medical, athletic and recreation, economic development, and municipal government functions. The applicant is proposing to enhance the opportunities offered within the 'athletic village' of Princess Anne Commons with the development of a 5,000 -seat baseball stadium, an integrated office and retail building, and a 13 -field baseball/softball tournament complex. The applicant's development proposal is the result of a Request for Interest and Qualifications (RFI -Q) for the development of a Youth Baseball Tournament Complex and Additional Athletic Facilities, issued by the City of Virginia Beach in September 2013. The applicant's proposal in response to the RFI -Q was VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 1 selected. To develop the site as proposed, however, a Change of Zoning (Conditional B-2 and AG -1 to Conditional B-2) and Conditional Use Permit (Outdoor Recreation) are necessary for the stadium and commercial complex, and a Conditional Use Permit (Outdoor Recreation) is necessary for the Tournament Complex. The applicant has submitted the requisite applications for each of these. Details In general, the proposed development will be located in two different areas of Princess Anne Commons between the east side of Landstown Road and the Virginia Beach National Golf Course. The baseball stadium and office building will be situated directly west of the Sportsplex stadium adjacent to Landstown Road. The tournament complex will be situated between the southern edge of the right-of-way for the Southeastern Parkway and Greenbelt (SEP&G) and the southern boundary of the City -owned area of Princess Anne Commons. The following provides specific information pertaining to each part of the proposed development: Stadium and Commercial Space • 5,000 seat stadium, including suites as well as 2,000 berm seats: o A concourse will run around the stadium field, providing access throughout the stadium, including the berm seats. o The primary tenant of the stadium will be the Virginia Beach Neptunes, a professional Atlantic League team. The Neptunes will play approximately 70 home games at the stadium. o A secondary tenant will be a team in the Coastal Plain League, which is a summer wooden bat league. o Tidewater Community College, Virginia Beach Campus (TCC/VB) will also be using the stadium as part of its introduction of junior college baseball to its athletic program. VARIABLL VA POWER IDT I EASEMENT DESTRIAN C OSSING PEDESTRLA CROSSING H,FRSIDNS BATHROOMS PRO SHOP (TYP OF 4) NRSD FORCE MAIN PLAYGROUND CONCESSION. MA'NTENANCE BUILDING WATER PLAYGROLND AREA VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 2 • Connected to the stadium will be a 60,000 square foot commercial office building that will provide space for VBPB's offices, the potential of a Sentara sports therapy, wellness training, and conditioning program, and, through TCC/VB, academic training and courses including sports medicine, sports nutrition, sports marketing. Proffer 3 is specific to this building, and limits the uses to the type described above, and also notes that "additional permitted uses shall be offices, [restaurants] without drive-through, outdoor cafes, and outdoor plazas. No drive-through uses shall be permitted." Tournament Complex The Tournament Complex will consist of 13 lighted diamond fields (10 with artificial turf) and a parking lot of approximately 1,200 spaces. Facts relevant to the complex are as follows: • The complex will host national, regional, and local baseball and softball tournaments for all age levels and types of league, including community league games and tournaments. • The applicant will be collaborating with City of Virginia Beach's Convention and Visitors Bureau's Sports Marketing Office and the Department of Parks and Recreation to book tournaments and develop Virginia Beach 'hotel and restaurant packages' for participants. • The fields will be 300 feet to 350 feet to the outfield fence, and will be fully convertible such that they can be used to host baseball and softball of every level and type. • There is an area of delineated non -tidal wetlands on the subject site, which will remain in its current state (designated as 'Tree Save Area' on the site plan). Adjacent to this area, the applicant will create a park that will include walking trails and lawn area for picnics and relaxation. The applicant's intent is that the trail system being installed throughout the tournament complex will eventually be fully connected to the Princess Anne Commons trail system. • As there will be children of the players and spectators within the tournament complex, the applicant will construct playgrounds, including a water playground, within the complex. Parking for the stadium and tournament complex will be located in existing parking lots and new parking lots to be constructed with this development. In general, parking in the Athletic Village of Princess Anne Commons has been, and will continue to be, provided through a series of parking lots throughout the area. Each specific component of the Athletic Village (Princess Anne Athletic Complex, Sportsplex, and Fieldhouse) has parking meeting its needs, but also shares parking with the other components in case of overflow during large events. A 1,195 -space parking lot will be constructed with the tournament complex. The parking lot will be located within the existing right-of-way for the SEP&G. Should the right-of-way be needed for the SEP&G at some point in the future, the parking will be relocated to another located within Princess Anne Commons. The Sportsplex parking lot is currently the most used parking lot in the Athletic Complex, and parking within it is managed through a master schedule coordinated by the City. A parking analysis conducted by the Department of Parks and Recreation, Clark/Nexsen, and the Department of Planning indicated that with the new and existing parking lots, as well as the system of shared managed parking, there will be sufficient parking. The parking lots, the tournament complex, and the baseball stadium will be connected by an extensive walkway system. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The area proposed for the stadium and commercial building is currently partially VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 3 developed with various support uses for the Sportsplex and the Field Hockey Center. The area proposed for the tournament complex is currently undeveloped, consisting of vegetated field and treed areas. SURROUNDING LAND North: • Sportsplex and parking lot / AG -1 Agricultural District USE AND ZONING: South: • Field Hockey Complex (Stadium) and Cultivated fields (Tournament Complex) / AG -1 Agricultural District East: • Virginia Beach Fieldhouse and Virginia Beach National Golf Course / AG -1 Agricultural District West: • Landstown Road • Princess Anne Athletic Complex / AG -1 Agricultural District The subject site and the surrounding area are located within the Interfacility Traffic Area (ITA) Overlay District. The AICUZ is 70 to 75 dB DNL. The proposed uses are compatible with this AICUZ. NATURAL RESOURCE AND CULTURAL FEATURES: The site is a former plant nursery, and as a result, there are areas of tree groves, which will be saved and integrated into this project. There is a small area of non -tidal wetlands on the site, which will remain 'as is' and be buffered by the creation of a park / open space around it. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess Anne Special Economic Growth Area (SEGA 4). The controlling master plan for Princess Anne SEGA 4 is the Interfacility Traffic Area (ITA) and Vicinity Master Plan. The general vision for this area is to create campuses for work, education, research, recreation, and worship. When fully developed, this area will have evolved into a continuous open space experience tied together by trails and waterways, and landscaped as a continuous 'garden' within which activities are accommodated (p. 21, ITA & Vicinity Master Plan). More specifically, this site is within North Princess Anne Commons' Athletic Village. North Princess Anne Commons is primarily located southwest of the intersection of Rosemont Road and Dam Neck Road, east of the of the single-family residential development of Salem Lakes, north of Landstown Road, and encompassing the Virginia Beach National Golf Course. As a prominent'Placemaker' in the City, this area not only serves as a principal gateway to the Virginia Beach Municipal Center and court complex, it has become a premier destination (including Virginia Beach Amphitheatre, Sportsplex and National Field Hockey Training Center) and offers the public a wide range of special events and services. The proposed development will continue to offer our citizens and visitors experiences that will enrich their lives and will reaffirm that Virginia Beach is a "Community for a Lifetime," (pp. 4-1 to 4-10). The applicant provided a presentation with regard to this development proposal to the Interfacility Traffic Area -Transition Area Citizen Advisory Committee (ITA -TA CAC). The proposed development was positively received. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Landstown Road is a two-lane local collector street. Capital Improvement Program (CIP — FY 14/15) Project 2050000 — Landstown Road Improvements is for the widening of the existing roadway to a four -lane undivided roadway with four -foot wide shoulders, open swale ditches, and an eight -foot wide asphalt path from its VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 4 intersection with Landstown Centre Way south to the westward bend of the roadway. Initial work on the design has commenced. As part of that work, a Traffic Impact Study (TIS) has been conducted for the subject development proposal, and the recommendations of the TIS are being integrated into the design work for the roadway improvements. WATER: Connection to the City water system is required. City water service lines are located in Landstown Road and Landstown Centre Way, which are capable of providing water to the proposed stadium area. Extension of water service lines to the tournament field complex will be necessary. SEWER: Connection to the City sanitary sewer system is required. City gravity sanitary sewer lines are located in Landstown Road, which are capable of providing service to the proposed stadium area. There are no City or HRSD service lines in Landstown Road in the vicinity of the tournament complex. Extension of service lines will be necessary to serve the tournament complex. Analysis of Pump Station #647 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION Staff recommends approval of the applicant's requests for a Change of Zoning (Conditional B-2 and AG -1 to Conditional B-2) and Conditional Use Permit (Outdoor Recreation) are necessary for the stadium and commercial complex, and a Conditional Use Permit (Outdoor Recreation). The rezoning of the 16 -acre site for a baseball stadium and the 107.8 -acre site for a baseball and softball tournament complex will enhance the athletic opportunities with Princess Anne Commons, as recommended by the Comprehensive Plan. Staff's recommendation for approval of the applications is accompanied by the following proffers submitted by the applicant, as well as the following recommended conditions for each of the Use Permits. 4 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as a Baseball and Multi -Use Stadium with ancillary office and sports related retail space substantially in accordance with the conceptual plan entitled "PROJECT MASTER PLAN -VA Beach Athletic Village", dated March 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Project Plan"). VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 5 PROFFER 2: When the Property is developed, the stadium and attached office/retail building shall be substantially in conformity with the conceptual renderings of the "Ballpark" prepared by Dills Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: The uses within the portion of the structure depicted on the Project Plan and designated "Office Building" shall be consistent with the concept of an "athletic village" containing facilities to accommodate the full range of sports skills instruction, sports training, sports therapy, wellness training and conditioning, and sports related retail which are predominantly oriented toward those who have or might in the future avail themselves of the facilities located throughout Princess Anne Commons and the athletic village. Additional permitted uses shall be offices and eating and drinking establishments without drive-through, outdoor cafes and outdoor plazas. No drive-through uses shall be permitted. PROFFER 4: The party of the first part will work with City of Virginia Beach staff to incorporate elements of LEED certification where feasible. PROFFER 5: Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and/or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment. PROFFER 6: No separate monument sign for the retail. The retail sign shall be incorporated into the monument style sign approved by the Planning Director or his designee for the Property. Materials to be compatible with the building exteriors on the site as well as adhere to the design guidelines for the Princess Anne Commons. PROFFER 7: Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his designee. PROFFER 8: All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. PROFFER 9: All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the site. PROFFER 10: All buildings and structures constructed on the Property shall be designed in a manner complementary with the Princess Anne Commons Design Guidelines. PROFFER 11: Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 6 replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated September 23, 2008 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20090211000133710. STAFF COMMENTS: The submitted proffers are acceptable. The proffers ensure that the stadium and the associated commercial building will be high quality with regard to both building and site design, and will eliminate the previous conditional zoning that applies to a portion of the site. The City Attorney's Office has reviewed the proffer agreement dated March 31, 2014 and found it to be legally sufficient and in acceptable legal form. CONDITIONS Conditions of Use Permit (Baseball Stadium) 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the stadium and attached office/retail building shall be developed in substantial conformity with the conceptual renderings of the stadium prepared by Dills Architects, and the conceptual site layout, labeled 'PROJECT MASTER PLAN' and 'Exhibit A,' prepared by Dills Architects and VHB, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Parking in Parking Lot C (201 spaces) shall be shared with other venues within Princess Anne Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee" established by the City of Virginia Beach. 3. All way -finding and site identification signage shall be designed with materials compatible with the building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said signs shall approved by the Planning Director or his designee. 4. The applicant is responsible for obtaining all environmental permits, including wetland and stormwater permits, prior to construction. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with the development site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties and streets outside the site. Conditions of Use Permit (Tournament Complex) 6. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the Tournament Complex shall be developed in substantial conformity with the conceptual renderings of said complex [as provided in this staff report], prepared by Dills Architects, and the conceptual site layout, labeled 'PROJECT MASTER PLAN' and 'Exhibit A,' prepared by Dills Architects and VHB, which have been exhibited to the Virginia VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 7 Beach City Council and are on file with the Virginia Beach Department of Planning. 7. The park open space areas shown on the plan referenced in Condition 6 shall be designed in coordination with the Department of Parks and Recreation / Planning and Design Office to ensure conformance with Parks and Recreation Design Standards. 8. A tree preservation plan shall be prepared for the park open space area as part of the park design and approved by City Arborist. 9. Applicant is responsible for obtaining all environmental permits, including wetland and stormwater permits, prior to construction. 10. AH way -finding and site identification signage shall be designed with materials compatible with the building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said signs shall approved by the Planning Director or his designee. 11. Parking in Parking Lot D (1,195 spaces) shall be shared with other venues within Princess Anne Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee" established by the City of Virginia Beach. 12. All outdoor lighting shall be shielded to direct light and glare onto the complex grounds. A lighting or photometric diagram plan shall be submitted with the development site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties and streets outside the site. 13. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. 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 or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 8 I AERIAL OF SITE LOCATION VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 9 PROJECT MASTER PLAN EXHIBIT `A' CONCEPTUAL SITE PLAN (Conditions 1 & 6 / Proffer 1) VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 10 VARIABLE WIDTH PEDESTRIA VA. POWER CROSSING EASEMENT P. DESTRIAN C OSSING LAN ------ EXPANDED , BMP SHOWCASE =IELD WITH GRANDSTAND .:ONCFSSIONS, BATHROOMS, PRO SHOP (TYP. OF 4) HRSD FORCE MAIN PLAYGROUND CONCESSIONS/ MAINTENANCE BUILDING - WATER PLAYGROUND AREA T SHOWC FIELD GRAND TH SMALL 4 AND \/ G? / F<OSF / / VARIABLE WIDTH VA. POWER EASEMENT PROPOSED STAND OF TREES LAY ROUND CONCEPTUAL SITE PLAN — Detailed View (Conditions 1 & 6 / Proffer 1) VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 11 STADIUM EXTERIOR STADIUM CONCOURSE CONCEPTUAL RENDERINGS OF STADIUM (Condition 1 / Proffer 2) VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 12 STADIUM PICNIC AREA CONCEPTUAL RENDERINGS OF STADIUM (Condition 1 / Proffer 2) VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 13 a :lout . Tournamont Complex `•• a Pathway from youth �f ,ice r complex to ballpark CONCEPTUAL SITE LAYOUT SHOWING CONNECTION BETWEEN TOURNAMENT COMPLEX AND STADIUM VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 14 F ROM TOURNAMENT uimMLCA TO STADIUM TOURNAMENT FIELDS WITH STADIUM IN BACKGROUND CONCEPTUAL VIEWS VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 15 1 11 PRINCESS ANNE Map G,H-11,12 Map Not to Scale .R5D Virginia Beach Professional Baseball L.L.C. • 41Cl 4.4 It AG2 . 445101311 qc �1 • 4,1117 �5- ZONING CHANGE and CUP • 41•x. AG1 • •• • ! \� h �. •/ • • • • • •• • 1 i AG1 • is 65-70 dB Ldn AG2 'Zoning with Conditions Proffers. Open Space Promotion CUP for Outdoor Recreation - (Baseball Fields) Zoning Change from AG -1 & Conditional B-2 to Conditional 8-2 (Stadium) ZONING HISTORY # DATE REQUEST ACTION 1A 12/03/13 Modification of Proffers Approved 04/24/12 Change of Zoning (AG -1 & AG -2 to Conditional B-2 and 1-1) Approved 1 Conditional Use Permit (rehabilitation facility) 2 08/22/06 Change of Zoning (AG -1 to Conditional B-2) Approved 3A 02/14/12 Modification of Proffers Conditional Use Permit (recreational facility) Approved 3 05/27/08 Change of Zoning (AG -1 to Conditional B-2) Conditional Use Permit (recreational facility) Approved 4 07/07/98 Conditional Use Permit (communications tower) Approved 03/28/95 Change of Zoning (R-10 to AG -1) 5 Conditional Use Permit (recreational facility of outdoor nature - amphitheater) Approved 6 02/03/09 Change of Zoning (AG -1 to Conditional B-2) Conditional Use Permit (recreational facility — indoor fieldhouse) Approved 05/27/97 Change of Zoning (0-2, B-2, R-10, P-1, and H-1 to AG -1) 7 Conditional Use Permit (recreational facility — stadium) Approved Conditional Use Permit (recreational facility — golf course) 8 03/14/00 Conditional Use Permit (recreational facility — golf course training) Approved VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 16 Does an official or epAloyee of theem�City subject land? Yes I I No lel If yes, what is the name of the official or of Virginia Beach have an employee and the nature interest in the of their interest? 13 1 1 1 1 1 4 1 1 1 4 1 • 1 1 1 1 1 1 1 1 4 DISCLOSURE STATEMENT VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 17 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Virginia Beach Professional Baseball, L.L.C.: James F. Short, Chairman; Clay Dills, President Joe Pinto, Director; John Hawley, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) CCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ECheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or epAloyee of theem�City subject land? Yes I I No lel If yes, what is the name of the official or of Virginia Beach have an employee and the nature interest in the of their interest? 13 1 1 1 1 1 4 1 1 1 4 1 • 1 1 1 1 1 1 1 1 4 DISCLOSURE STATEMENT VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 17 1 4 3 3 { r 4 1 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) Dills Architects VHB Land Development Sykes, Bourdon, Ahern & Levy, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting j power of another corporation," See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise°share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities," See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Virginia ch Prgfessi,onal Baseball, LLC t than applicant) Clay Dills, President Print Name cK 4 Cv. S Print N DISCLOSURE STATEMENT VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C. Agenda Item 6 Page 18 In Reply Refer To Our File No. DF -8987 TO: Mark D. Stiles FROM: B. Kay Wilson RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 5, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Virginia Beach Professional Baseball The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 17, 2014. I have reviewed the subject proffer agreement, dated March 31, 2014 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 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C., a Virginia limited liability company THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31St day of March, 2014, by and between VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C., a Virginia limited liability company, party of the first part, Grantor; THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing a total of approximately 15.9616 acres, which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcel is hereinafter referred to as the "Property"; and WHEREAS, the Property has split zoning with a 7.1 acre portion designated "SPORTSPLEX COMMONS PARCEL 4" being zoned Conditional B-2 Commercial District and the remaining 8.8616 acres zoned AG -1 Agricultural District; and GPIN: 1484-87-1819 1484-87-9998 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #2216o 1 WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the 8.8616 acre remaining portion of the Property from AG-1 to Conditional B-2 subject to the proffered covenants, restrictions and conditions as set forth herein; and WHEREAS, the party of the first part has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Conditional B-2 District of the remainder of the Property; and WHEREAS, the party of the first part has requested Grantee to permit this modification of the previously Proffered Covenants, Restrictions and Conditions dated September 23, 2008 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20090211000133710 (hereinafter "2009 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed zoning and modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed zoning and modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed zoning and modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or 2 subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a Baseball and Multi -Use Stadium with ancillary office and sports related retail space substantially in accordance with the conceptual plan entitled "PROJECT MASTER PLAN — VA Beach Athletic Village", dated March 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Project Plan"). 2. When the Property is developed, the stadium and attached office/retail building shall be substantially in conformity with the conceptual renderings of the "Ballpark" prepared by Dills Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The uses within the portion of the structure depicted on the Project Plan and designated "Office Building" shall be consistent with the concept of an "athletic village" containing facilities to accommodate the full range of sports skills instruction, sports training, sports therapy, wellness training and conditioning, and sports related retail which are predominantly oriented toward those who have or might in the future avail themselves of the facilities located throughout Princess Anne Commons and the athletic village. Additional permitted uses shall be offices and eating and drinking establishments without drive-through, outdoor cafes and outdoor plazas. No drive-through uses shall be permitted. 4. The party of the first part will work with City of Virginia Beach staff to incorporate elements of LEED certification where feasible. 5. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and/or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment. 6. No separate monument sign for the retail. The retail sign shall be incorporated into the monument style sign approved by the Planning Director or his designee for the Property. Materials to be compatible with the building exteriors on the site as well as adhere to the design guidelines for the Princess Anne Commons. 3 7. Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his designee. 8. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the site. 10. All buildings and structures constructed on the Property shall be designed in a manner complementary with the Princess Anne Commons Design Guidelines. 11. Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated September 23, 2008 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20090211000133710. 12. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this referenced incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied 4 II by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree 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, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signatures and seals: Attest: Grantor: City of Virginia Beach, a municipal corporation yrrime—> of the Commonwealth of Virginia By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The for of?3instrument was acknowledged before me this day of April, 2014, by d City Manager, Grantor. bacGc/�4(:L��ft (SEAL) My Commission Expires: Notary ublic /// 505 Notary Registration Number: 1393 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of April, 2014, by Ruth Hodges Fraser, City Clerk. Notary Public My Commission Expires: la -3 )' 1 11-1 Notary Registration Number: /1 0'13 4 33 6 Sandy Marie Madison CommonwealIn of Virginia Notary Public, Commission No. 7073053 �'•y FF My G mmlmlion Expires 1213112014 WITNESS the following signature and seal: Grantor: Virginia Beach Professional Baseball, L.L.C., a Virginia limited liability company By: Dills,' resident (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 20th day of May, 2014, by Clay Dills, President of Virginia Beach Professional Baseball, L.L.C., a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 7 EXHIBIT "A" THE PROPERTY All that certain lot, tract or parcel of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "SPORTSPLEX COMMONS PARCEL 4" and "OVERLAP AREAS #1, #2 and #3" containing 15.9616 acres on that certain plat entitled "PLAT SHOWING LEASE AREAS TO BE ACQUIRED FROM CITY OF VIRGINIA BEACH DEPARTMENT OF PARKS AND RECREATION FOR VIRGINIA BEACH PROFESSIONAL BASEBALL", dated February 24, 2014, such plat being attached hereto and incorporated herein by this reference (the "Property"). GPIN: 1484-87-1819 1484-87-9998 The following is a description of that portion of the Property, as hereinabove described, which was not included in the 2009 Proffers and is conditionally rezoned herewith subject to this First Amendment to Proffered Covenants, Restrictions and Conditions: All that certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, containing approximately 8.8616 acres described as "OVERLAP AREAS #1, #2 and #3" which together are more particularly described as follows: Beginning at a point on the eastern right of way line of Landstown Road which point is 44.61 feet south of end point of a curve to the northeast in the right of way line which marks the beginning of its intersection with Landstown Centre Way and from said point S 5o° 58' 44" E, a distance of 393.74 feet to a point; thence S 27° 32' 39" W, a distance of 62.3o feet to a point; thence S 50° 58' 44" E, a distance of 676.25 feet to a point; thence S 7° 35' 43" E, a distance of 205.83 feet; thence S 25° 34' 09" W, a distance of 91.97 feet to a point; thence S 39° 38' o6" W, a distance of 278.67 feet to a point; thence S 9° 31' 26" E, a distance of 126.73 feet to a point; thence S 39° 32' 26" W, a distance of 546.33 feet to a point on the eastern right of way line of Landstown Road; thence along the eastern right of way line N 9° 31' 20" W, a distance of 716.15 feet to a point; thence N 8o° 33' 12" E, 539.99 feet to a point; thence N 62° 33' 12" E, a distance of 90 feet to a point; thence N 10° 26' 48" W, a distance of 135.00 feet to a point; thence N 50° 56' 3o" W, a distance of 715.86 feet to a point; thence S 82° 51' 17" W, a distance of 149.98 feet to appoint on the eastern right of way line of Landstown Road; thence along the eastern right of way line N 9° 19' 32" W, a distance of 188.87 feet to a point; continuing along the eastern right of way line, N 1° 39' 01" W, a distance of 84.23 feet to a point; continuing along the eastern right of way line N 9° 20' 30" W, a distance of 65.24 feet to a point; continuing along the eastern right of way line 9° 19' 33" W, a distance of 26.52 feet to the Point of Beginning. H:\AM\Conditional Rezoning \VBPB\1st Amendment to Proffers_final 5-2o-14.doc 8 Item #6 Virginia Beach Professional Baseball Change of Zoning Conditional Use Permit District 7 Princess Anne June 11, 2014 CONSENT Applications of Virginia Beach Professional Baseball for the following: (a) Change of Zoning from Conditional B-2 Community Business and AG -1 Agricultural to Conditional B-2 Community Business and Conditional Use Permit for Outdoor Recreational Facility (baseball stadium) on the east side of Landstown Road, south of Landstown Centre Way (GPINs 1484871819 and 1484879998). (b) Conditional Use Permit for Outdoor Recreational Facility, 2068 Landstown Centre Way (GPINs 1484869245; 1494249673;1484879998). PROFFERS PROFFER 1: When the Property is developed, it shall be as a Baseball and Multi -Use Stadium with ancillary office and sports related retail space substantially in accordance with the conceptual plan entitled "PROJECT MASTER PLAN -VA Beach Athletic Village", dated March 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Project Plan"). PROFFER 2: When the Property is developed, the stadium and attached office/retail building shall be substantially in conformity with the conceptual renderings of the "Ballpark" prepared by Dills Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: The uses within the portion of the structure depicted on the Project Plan and designated "Office Building" shall be consistent with the concept of an "athletic village" containing facilities to accommodate the full range of sports skills instruction, sports training, sports therapy, wellness training and conditioning, and sports related retail which are predominantly oriented toward those who have or might in the future avail themselves of the facilities located throughout Princess Anne Commons and the athletic village. Additional permitted uses shall be offices and eating and drinking establishments without drive-through, outdoor cafes and outdoor plazas. No drive-through uses shall be permitted. PROFFER 4: The party of the first part will work with City of Virginia Beach staff to incorporate elements of LEED certification where feasible. PROFFER 5: Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and/or landscaping. Any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment. PROFFER 6: No separate monument sign for the retail. The retail sign shall be incorporated into the monument style sign approved by the Planning Director or his designee for the Property. Materials to be compatible with the building Item #6 Virginia Beach Professional Baseball Page 2 exteriors on the site as well as adhere to the design guidelines for the Princess Anne Commons. PROFFER 7: Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his designee. PROFFER 8: All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. PROFFER 9: All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with any site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the site. PROFFER 10: All buildings and structures constructed on the Property shall be designed in a manner complementary with the Princess Anne Commons Design Guidelines. PROFFER 11: Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated September 23, 2008 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20090211000133710. CONDITIONS (Baseball Stadium) 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the stadium and attached office/retail building shall be developed in substantial conformity with the conceptual renderings of the stadium prepared by Dills Architects, and the conceptual site layout, labeled 'PROJECT MASTER PLAN' and 'Exhibit A,' prepared by Dills Architects and VHB, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Parking in Parking Lot C (201 spaces) shall be shared with other venues within Princess Anne Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee" established by the City of Virginia Beach. 3. All way -finding and site identification signage shall be designed with materials compatible with the building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said signs shall approved by the Planning Director or his designee. 4. The applicant is responsible for obtaining all environmental permits, including wetland and stormwater permits, prior to construction. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric diagram plan shall be submitted with the development site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties and streets outside the site. Item #6 Virginia Beach Professional Baseball Page 3 CONDITIONS (Tournament Fields) 6. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the Tournament Complex shall be developed in substantial conformity with the conceptual renderings of said complex [as provided in this staff report], prepared by Dills Architects, and the conceptual site layout, labeled 'PROJECT MASTER PLAN' and 'Exhibit A,' prepared by Dills Architects and VHB, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 7. The park open space areas shown on the plan referenced in Condition 6 shall be designed in coordination with the Department of Parks and Recreation / Planning and Design Office to ensure conformance with Parks and Recreation Design Standards. 8. A tree preservation plan shall be prepared for the park open space area as part of the park design and approved by City Arborist. 9. Applicant is responsible for obtaining all environmental permits, including wetland and stormwater permits, prior to construction. 10. All way -finding and site identification signage shall be designed with materials compatible with the building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said signs shall approved by the Planning Director or his designee. 11. Parking in Parking Lot D (1,195 spaces) shall be shared with other venues within Princess Anne Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee" established by the City of Virginia Beach. 12. All outdoor lighting shall be shielded to direct light and glare onto the complex grounds. A lighting or photometric diagram plan shall be submitted with the development site plan for review by City staff. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole - mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties and streets outside the site. 13. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved Item 6 for consent. Edward Bourdon appeared before the Commission on behalf of the applicant and Barbara Duke appeared before the Commission on behalf of the property owner. W N t31 ' RI CaO (13 Cn E, 43 C V 4 +U N U el iq E Cr) C C O N O O C 03 U 'Zoning with Conditions/Proffers. Open Space Promotion CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SANDBRIDGE TOWING, INC (Applicant) / EDDIE LEE COOPER & LINDA A. ACKISS (Owner), (a) Conditional Change of Zoning, AG -2 Agricultural to Conditional B-2 Community Business. (b) Conditional Use Permit for Storage Yard. Site is located at northern terminus of Princess Anne Lane, on west side of Princess Anne Road (GPIN part of 2403974798). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: June 17, 2014 • Background: The applicant needs to relocate his existing towing service, Sandbridge Towing Inc., from the southwestern corner of the intersection of Princess Anne Road, Upton Drive, and Sandbridge Road. The applicant's search for a new site resulted in the subject property. The property is zoned AG -2 Agriculture, which does not allow the proposed use. The City Zoning Ordinance places a towing service within the category of `Bulk Storage.' Bulk Storage is allowed in the B-2 Community Business District, with a Conditional Use Permit. Accordingly, the applicant is requesting the Conditional Rezoning to B-2 Business and the Conditional Use Permit for Bulk Storage. • Considerations: The nature of the applicant's proposed use generally requires that the business operates 24 hours a day. The proposed use is strictly a towing service. No vehicle repairs or services of any kind will be provided to the vehicles while on the subject site. The applicant has a contract with the Virginia Beach Police Department for which he stores impounded vehicles for up to 45 days. With the exception of vehicles covered by this contract, no vehicles are stored on site for more than 72 hours. At a maximum, the site can store up to 20 vehicles; on average, there are typically only 5 to 8 vehicles stored at a time. Further details pertaining to site layout and building design, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. SANDBRIDGE TOWING Page 2 of 4 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered and with conditions recommended for the Use Permit, as listed below. PROFFERS PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Site Plan" and "Rendering"). PROFFER 2: The freestanding monument style sign designated on the Site Plan shall be brick - based monument style sign no greater than eight feet (8') in height. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct Tight down onto the premises and away from adjoining property. PROFFER 4: Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, will be installed and maintained around the storage area as depicted on the Site Plan. PROFFER 5: Only the following uses will be permitted in the Property: a) A Vehicle Towing Business including a Storage Yard for Temporary Placement of Vehicles; or b) Business Studios, Office and Clinics. PROFFER 6: 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. 111 SANDBRIDGE TOWING Page 3 of 4 CONDITIONS OF USE PERMIT 1 With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE- ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Prior to the submission of a site plan to the Development Services Center, the applicant shall meet jointly with the Department of Planning / Current Planning and the Department of Public Works / Traffic Engineering for the purpose of determining an appropriate ingress / egress point for the site that meets Public Works Standards. The ingress / egress point so determined shall be included on the development site plans submitted to the Development Services Center. 3. The applicant shall obtain the required Encroachment Agreement from Landscape Management for all proposed landscaping shown in the public right-of-way. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. 4. Per Section 228(a) of the City Zoning Ordinance, the storage yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than 6 feet in height, and Category VI landscaping; said fence shall be a maintenance -free privacy style and be 100 percent opaque. 5. Per Section 228(b) of the City Zoning Ordinance, outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. The proposed 8 -foot high monument -style sign shall have no more than 75 square feet of signage per face. 7. Signage located on the proposed building shall be limited to the north -facing facade and shall not exceed more than 40 square feet of area. Said signage shall be centered on the proposed parapet, and the sign shall not be internally illuminated. 8. All tow trucks shall be parked in the areas called out as "15 x 50 CARPORT" on the site plan referenced in Condition. SANDBRIDGE TOWING Page 4 of 4 9. There shall be no more than 15 vehicles stored on the site, notwithstanding any impounded vehicles being stored under contract to the Police Department of the City of Virginia Beach. • Attachments: Staff Report 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: L I 11 PRINCESS ANNE Sandbrid re Towin Inc. CUP for Bulk Storage Change of Zoning from AG -2 to Conditional 8-2 1 May 14, 2014 Public Hearing APPLICANT: SANDBRIDGE TOWING, INC. PROPERTY OWNER: EDDIE LEE COOPER LINDA A. ACKISS STAFF PLANNER: Kristine Gay REQUEST: (a) Conditional Change of Zoning (AG -2 Agricultural to Conditional B-2 Business) (b) Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: Northern terminus of Princess Anne Lane (adjacent to the west of Princess Anne Road) GPIN: ELECTION DISTRICT: SITE SIZE: 2403974798 (part of) PRINCESS ANNE 39,602 square feet (0.91 acres) AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant is requesting a Conditional Use Permit for Bulk Storage and a Conditional Rezoning from AG -2 Agriculture to Conditional B-2 to allow development and use of the site as a towing service. The applicant needs to relocate the existing towing service, Sandbridge Towing Inc., from the southwestern corner of the intersection of Princess Anne Road, Upton Drive, and Sandbridge Road. The applicant's search for a new site resulted in the subject property. The property is zoned AG -2 Agriculture, which does not allow the proposed use. The City Zoning Ordinance places a towing service within the category of `Bulk Storage.' Bulk Storage is allowed in the B-2 Community Business District, with a Conditional Use Permit. Accordingly, the applicant is requesting the Conditional Rezoning to B-2 Business and the Conditional Use Permit for Bulk Storage. In the zoning location map above, the area shown in solid red depicts the actual location for which the Conditional Rezoning and Conditional Use Permit are being requested. The site is a 39,602 square foot portion of the property identified as GPIN 2403-97-4798. The remaining 136,990 square foot portion of the property identified as GPIN 2403-97-4798 (hatched in red in the zoning location map above) is not included in this request for a Conditional Rezoning and Conditional Use Permit. SANDBRIDGE TOWING, INC. Agenda Item 1 Page 1 The subject site is adjacent to Princess Anne Road to the east and Princess Anne Lane to the west. To the north, Princess Anne Lane terminates at a cul-de-sac. Agricultural land owned by the applicant extends approximately 175 feet to the south of the subject site. Adjacent to this agricultural land are two single-family residences. Details The nature of the applicant's proposed use generally requires that the business operates 24 hours a day. The proposed use is strictly a towing service. No vehicle repairs or services of any kind will be provided to the vehicles while on the subject site. The applicant has a contract with the Virginia Beach Police Department for which he stores impounded vehicles for up to 45 days. With the exception of vehicles covered by this contract, no vehicles are stored on site for more than 72 hours. At a maximum, the site can store up to 20 vehicles; on average, there are typically only 5 to 8 vehicles stored at a time. The applicant has submitted a site plan showing a 30' x 50' metal building that will contain the office. The front facade of the office has a covered porch and a centered front door. Projecting from the western facade of the office is a 30' x 50' canopy that will cover two ports for cars or trucks. An 8 -foot tall gate and chain-link fence will surround a 170' x 90' gravel storage lot. The applicant will screen the chain-link fence by installing an 8 -foot tall maintenance -free privacy fence on the outside of the chain-link fence, exceeding the Category VI screening required for this use. As shown on the submitted site plan, the applicant's proposed access to the site is the addition of a 'driveway' at the top of the Princess Anne Lane cul-de-sac onto that connects to an access drive to the north. That access drive is the existing means of ingress and egress to an established borrow pit located at 1985 Princess Anne Road. To avoid causing any nuisance to the nearby residents, it is the intent of the applicant to access the site northward rather than southward on Princess Anne Lane. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Open field, agricultural land SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Princess Anne Road right-of-way • Vacant undeveloped land / Conditional B -1A Business District and Conditional PD -H2 [P-1 Preservation] • single-family dwellings and agriculture / AG -2 Agricultural District • Princess Anne Road • Single-family dwellings / Conditional PD -H2 [P-1 & R-30] • Princess Anne Lane • Agriculture and single-family dwelling / AG -1 and AG -2 Agricultural District • Borrow Pit / AG -1 and AG -2 Agricultural District The site is a cultivated agricultural field. There are no known significant natural or cultural features associated with the subject property. COMPREHENSIVE PLAN: The Comprehensive Plan designates the area as the Transition Area. SANDBRIDGE TOWING, INC. Agenda Item 1 Page 2 Discretionary development proposals within the Transition Area should continue to adhere to the planning and design principles cited in the Transition Area Design Guidelines, and conform to the provisions of the Oceana Land Use Conformity program and AICUZ regulations. It should be demonstrated that the capacity of roadways and other infrastructure can adequately support the increased demand. The applicant's proposed site plan and building plan are respectful of the existing area and rural character along this portion of Princess Anne Road. 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a two-lane rural highway, with a 100 -foot right-of-way width. The City's MTP map shows Princess Anne Road as a four -lane parkway with 135 -foot right-of-way width. In the vicinity of this site, CIP project 2-033.000, Princess Anne Road Phase VII -A, is proposed to address some safety improvements, the scope of which has not been fully identified. Princess Anne Lane is a two-lane local street with a variable -width (40 — 50 -feet) right-of-way, and is not included in the City's MTP. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 13,000 ADT 1 7,400 ADT 1 (Level of Service "C") to 18,600 ADT 1 (Level of Service "E") Existing Land Use `— 10 ADT Proposed Land Use 3— Trip generation for a towing service is not included in the ITE Trip Generation Manual, and no data could be found in other professional references to produce an estimated number of expected trips. It is, however, expected that the proposed use will result in a higher ADT than the current use produces Princess AnneE") Lane No Data Available 6,200 ADT 1(Level of Service "C") to 11,100 ADT 1 (Level of Service 'Average Daily Trips 2 as defined by 0.90 acres of agriculturally zoned property The proposed access to and from the site on the Princess Anne Lane cul-de-sac is acceptable; however, the additional connection from the cul-de-sac to the driveway access for the adjacent borrow pit site is not acceptable to Public Works. Access must be directly from a public street or via a shared driveway located entirely on the adjacent private property. Another option is a closure of the northernmost portion of Princess Anne Lane, which will require the relocation and construction of the cul-de-sac at the new northern terminus of the right-of-way. In sum, Public Works / Traffic Engineering will require that the access point be located such that it has direct access to and from a public street. WATER: This site must connect to City water. There is an existing ten -inch city water line on Princess Anne Road. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. SANDBRIDGE TOWING, INC. Agenda Item 1 Page 3 EVALUATION AND RECOMMENDATION Under the provisions of the City Zoning Ordinance, the applicant's business is a Bulk Storage Yard. A Bulk Storage Yard is defined as "a facility for the storage of raw materials, finished goods or vehicles, provided they are in good running order. No sale, storage or processing of scrap, salvage, junk, toxic, or hazardous materials are allowed." Under the current AG -2 Agriculture zoning, a Bulk Storage Yard is not permitted. Thus, the applicant is requesting a Change of Zoning to Conditional B-2 Community Business. Under the proposed B-2 zoning, the use of a Bulk Storage Yard is permitted with the City Council approval of a Conditional Use Permit, which the applicant is also requesting. While typically the hours of operation and nature of the proposed use are not compatible with the surrounding land uses or zoning districts, due to the limited scale of the applicant's towing operation, the proposed layout of the site and design of the building, as well as the proffers of the rezoning, the applicant's proposed use of the property is compatible with the surrounding area and consistent with Comprehensive Plan policies for the Transition Area. The location and design of the primary access point to the site, however, is an issue that requires additional attention. Access to the site is depicted via a driveway to Princess Anne Lane. In addition, the site layout indicates a proposed connection from the top of the cul-de-sac, which is a public right-of-way, into an existing private drive that in turn connects to Princess Anne Road. The driveway to the north provides ingress and egress to an established borrow pit, located at 1985 Princess Anne Road; however, the driveway from the cul-de-sac intersects with the driveway for the borrow pit within the right-of-way of Princess Anne Road. Staff is unaware of the applicant's legal ability to use the private drive of the adjacent property owner. Public Works / Traffic Engineering staff has stated that access to and from the applicant's site must be directly from a public street or from a shared driveway located on private property. The current configuration is not satisfactory. A condition is recommended below that all ingress and egress must be in conformance with Public Works Standards. This will be reviewed during final site plan review. On January 2, 2014, the applicant briefed the Transition Area / ITA Citizen Advisory Committee (TA / ITA CAC) with regard to the development proposal. The CAC was in support of the proposal; however that support is contingent on the following, which were included in the presentation: (1) the design of the building 'blends' with the design of the adjacent farm buildings, (2) the tow trucks will be parked under the two car / truck ports on the west side of the building, and (3) no more than 15 vehicles would be stored on the site at one time. The CAC also had recommendations pertaining to signage, vehicular access, general operation, landscaping, and screening, and staff has recommended conditions as part of the Use Permit to ensure the development satisfies these recommendations. For the reasons above as well as the proposal's general consistency with the Comprehensive Plan, staff recommends approval of the Change of Zoning as proffered (proffers provided below) and the Conditional Use Permit for Bulk Storage with the conditions recommended 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 SANDBRIDGE TOWING,'INC.. Agenda Item 1 Page 4 these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Site Plan" and "Rendering"). PROFFER 2: The freestanding monument style sign designated on the Site Plan shall be brick -based monument style sign no greater than eight feet (8') in height. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, will be installed and maintained around the storage area as depicted on the Site Plan. Staff Comment: The applicant has proffered Category IV landscaping in conjunction with their request for a Conditional Rezoning to assist in appropriately separating and screening the potential proffered uses mentioned in Proffer 5 from surrounding uses and the public right-of-way. Category IV landscaping consists of evergreen trees branching to the ground or a combination of trees and shrubs. The intent of this category is to provide landscaping with sufficient density, mass, and height to physically and visually separate uses. Specific to the request for a Conditional Use Permit for Bulk Storage, however, Section 228 of the City Zoning Ordinance requires the installation of Category VI landscaping around a bulk storage lot. Category VI landscaping consists of a fence, decorative wall, or structural enclosure bordered by plants with a minimum height at planting of two to three feet and reaching a height of eight to ten feet at maturity. The intent of this category is to provide dense landscaping to visually and physically separate uses. Condition 4 of the Use Permit requires Category VI; therefore, while the applicant is proffering Category IV, Category VI will be required. This is not a conflict, as elements of the proffered Category IV landscaping may contribute to meeting the Category VI landscaping requirements The specifics of the screening will be determined during site plan review. PROFFER 5: Only the following uses will be permitted in the Property: a) A Vehicle Towing Business including a Storage Yard for Temporary Placement of Vehicles; or b) Business Studios, Office and Clinics. Staff Comment: Staff finds the additional proffered uses of Business Studios, Office, and Clinics, to be less intensive than the requested conditional use of a Bulk Storage Yard; and therefore also appropriate for the subject site. SANDBRIDGE TOWING, INC. Agenda Item 1 Pane 5 PROFFER 6: 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. The City Attorney's Office has reviewed the proffer agreement dated February 3, 2014 and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Prior to the submission of a site plan to the Development Services Center, the applicant shall meet jointly with the Department of Planning / Current Planning and the Department of Public Works / Traffic Engineering for the purpose of determining an appropriate ingress / egress point for the site that meets Public Works Standards. The ingress / egress point so determined shall be included on the development site plans submitted to the Development Services Center. 3. The applicant shall obtain the required Encroachment Agreement from Landscape Management for all proposed landscaping shown in the public right-of-way. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. 4. Per Section 228(a) of the City Zoning Ordinance, the storage yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than 6 feet in height, and Category VI landscaping; said fence shall be a maintenance -free privacy style and be 100 percent opaque. 5. Per Section 228(b) of the City Zoning Ordinance, outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. The proposed 8 -foot high monument -style sign shall have no more than 75 square feet of signage per face. 7. Signage located on the proposed building shall be limited to the north -facing facade and shall not exceed more than 40 square feet of area. Said signage shall be centered on the proposed parapet, and the sign shall not be internally illuminated. 8. All tow trucks shall be parked in the areas called out as "15 x 50 CARPORT" on the site plan referenced in Condition 1. 9. There shall be no more than 15 vehicles stored on the site, notwithstanding any impounded vehicles being stored under contract to the Police Department of the City of Virginia Beach. SANDBRIDGE TOWING, NC, Agenda Item 1 Page 6 111 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 or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SANDBRIDGE TOWING, INC. Agenda Item 1 Page 7 AERIAL OF SITE LOCATION SANDBRIDGE TOWING, INC. Agenda Item 1 Page 8 Existing Zoning AG -2 Conditional Zoning 8-2 35' setback from all roadways for building 15 side setback AICUZ <65db1 a Fallonb. e. 9.0 30 F•r.23 60. FT. 0.91 AMES " EXHIBIT FOR DAVID COOPER " PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE Parcel 006 Mary E. Cooper near Pungo MB. 212 Pg. 100 Vngima Beach. Va. 31 January 2014 1.9o, 9195 .:%a. 9.ch. v. INN mr Roo11 W. Mae, Sr Fundy Trust 558 715 P 25 2603.965522 160' PROPOSED SITE PLAN (Proffer and Condition #1) BFeJ`'�l 1.. SANDBRIDGE rtpWING, INC. - Agenda Item 1 Page 9 R = 460.00' LF 129.23' = 16'06'26" ENLARGEMENT OF PROPOSED SITE PLAN (Proffer and Condition #1) r -4,,x11 A • A r +� SANDBRIDGE TOWING, INC. Agenda Item 1 Page 10 L. SITE RENDERING (Proffer and Condition #1) SANDBRIDGE TOWING, INC. Agenda Item 1 Page 11 I BUILDING RENDERING FOR SANDBRIDGE TOWING January 31, 2014 SITE RENDERING (Proffer and Condition #1) SANDBRIDGE TOWING, INC. Agenda Item 1 Page 12 PRINCESS ANNE Sandbridge Towing, Inc. AG1 • Zoning with Conditions/Proffers. Open Space Promotion CUP for Bulk Storage Change of Zoning from AG -2 to Conditional 8-2 ZONING HISTORY # DATE REQUEST ACTION 1 02/14/2012 Modification of Proffers Approved 05/10/2005 Conditional Rezoning (Conditional PD -H2 Planned Approved Unit Development District [R-30 Residential District and P-1 Preservation District] to Conditional PD -H2 Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) 02/24/2004 Conditional Rezoning (AG -1 & AG -2 Agricultural to Approved Conditional PD -H2 Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) 12/10/1991 Conditional Use Permit (Borrow Pit) Approved 08/27/1986 Rezoning (R-3 Residential to AG -1 & AG -2 Approved Agricultural) 02/12/1973 Conditional Use Permit (Rifle Range) Approved _ 2 05/22/2012 Modification of Conditions Approved SANDBRIDGE TOWING, INC. Agenda Item 1 Page 13 2 06/24/2008 Modification of Proffers Approved 06/13/2006 Conditional Change of Zoning from AG -1 & AG -2 to Conditional R -5S (PD -H2), R7.5 (PD -H2), A-12 Approved (PD -H2), and B -1A 3 09/27/2005 Conditional Use Permit (Borrow Pit) Approved SANDBRIDGE TOWING,INC. Agenda Item 1 Page 14 111 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sandbridge Towing, Inc: Tiffany B. Cooper, President; David S. Cooper, Vice President/Secretary 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Eddie Lee Cooper & Linda A. Ackiss 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Inl Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or em loyee of theem�City of Virginia subject land? Yes No IXJ If yes, what is the name of the official or employee Beach have an and the nature interest in the 4 1 1 of their interest? i DISCLOSURE STATEMENT SANDBRIDGE TOWING,`INC, Agenda Item 1 Page 15 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) Sykes, Bourdon, Ahern & Levy, P.C. Bonifant Land Surveys 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Plann'h and view the site for purposes of processing and evaluating this application. David S. Cooper, VP/Sec Tiffany B. Cooper, Pres Applic�ht's Sig a ure Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT SANDBRIDGE TpWING, ;INC, Agenda Item 1 Page 16 Item #1 Sandbridge Towing, Inc. Conditional Change of Zoning Conditional Use Permit Northern terminus of Princess Anne Lane, west side of Princess Anne Road District 7 Princess Anne May 14, 2014 CONSENT An application of Sandbridge Towing, Inc. for (1) Conditional Change of Zoning (AG -2 Agricultural to Conditional B-2 Business) and an application of Sandbridge Towing, Inc. for a (2 ) Conditional Use Permit (Bulk Storage Yard) on property located on the Northern terminus of Princess Anne Lane (adjacent to the west of Princess Anne Road), District 7, Princess Anne. GPIN: 2403974798 (part of) PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Site Plan" and "Rendering"). PROFFER 2: The freestanding monument style sign designated on the Site Plan shall be brick -based monument style sign no greater than eight feet (8') in height. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, will be installed and maintained around the storage area as depicted on the Site Plan. Staff Comment: The applicant has proffered Category IV landscaping in conjunction with their request for a Conditional Rezoning to assist in appropriately separating and screening the potential proffered uses mentioned in Proffer 5 from surrounding uses and the public right-of-way. Category IV landscaping consists of evergreen trees branching to the ground or a combination of trees and shrubs. The intent of this category is to provide landscaping with sufficient density, mass, and height to physically and visually separate uses. Specific to the request for a Conditional Use Permit for Bulk Storage, however, Section 228 of the City Zoning Ordinance requires the installation of Category VI landscaping around a bulk storage lot. Category VI landscaping Item #1 Sandbridge Towing, Inc. Page 2 consists of a fence, decorative wall, or structural enclosure bordered by plants with a minimum height at planting of two to three feet and reaching a height of eight to ten feet at maturity. The intent of this category is to provide dense landscaping to visually and physically separate uses. Condition 4 of the Use Permit requires Category VI; therefore, while the applicant is proffering Category IV, Category VI will be required. This is not a conflict, as elements of the proffered Category IV landscaping may contribute to meeting the Category VI landscaping requirements The specifics of the screening will be determined during site plan review. PROFFER 5: Only the following uses will be permitted in the Property: a) A Vehicle Towing Business including a Storage Yard for Temporary Placement of Vehicles; or b) Business Studios, Office and Clinics. Staff Comment: Staff finds the additional proffered uses of Business Studios, Office, and Clinics, to be less intensive than the requested conditional use of a Bulk Storage Yard; and therefore also appropriate for the subject site. PROFFER 6: 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. The City Attorney's Office has reviewed the proffer agreement dated February 3, 2014 and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Prior to the submission of a site plan to the Development Services Center, the applicant shall meet jointly with the Department of Planning / Current Planning and the Department of Public Works / Traffic Engineering for the purpose of determining an appropriate ingress / egress point for the site that meets Public Works Standards. The ingress / egress point so determined shall be included on the development site plans submitted to the Development Services Center. 3. The applicant shall obtain the required Encroachment Agreement from Landscape Management for all proposed landscaping shown in the public right-of-way. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. 4. Per Section 228(a) of the City Zoning Ordinance, the storage yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than 6 feet in height, and Category VI landscaping; said fence shall be a maintenance -free privacy style and be 100 percent opaque. 5. Per Section 228(b) of the City Zoning Ordinance, outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. The proposed 8 -foot high monument -style sign shall have no more than 75 square feet of signage per face. I Item #1 Sandbridge Towing, Inc. Page 3 7. Signage located on the proposed building shall be limited to the north -facing fagade and shall not exceed more than 40 square feet of area. Said signage shall be centered on the proposed parapet, and the sign shall not be internally illuminated. 8. All tow trucks shall be parked in the areas called out as "15 x 50 CARPORT" on the site plan referenced in Condition 1. 9. There shall be no more than 15 vehicles stored on the site, notwithstanding any impounded vehicles being stored under contract to the Police Department of the City of Virginia Beach. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 1 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8915 TO: Mark D. Stiles FROM: B. Kay Wilso RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 5, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Sandbridge Towing, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 17, 2014. I have reviewed the subject proffer agreement, dated February 3, 2014 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 SANDBRIDGE TOWING, INC., a Virginia corporation EDDIE LEE COOPER and LINDA C. ACKISS, a/k/a LINDA A. ACKISS TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 3rd day of February, 2014, by and between SANDBRIDGE TOWING, INC., a Virginia corporation, Grantor, party of the first part; EDDIE LEE COOPER and LINDA A. ACKISS, Grantors, parties of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain piece or parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 0.91 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG -2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2403-97-4798 (part of) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #22160 1 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "`EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING", dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Site Plan" and "Rendering"). 2. The freestanding monument style sign designated on the Site Plan shall be brick based monument style sign no greater than eight feet (8') in height. 2 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, will be installed and maintained around the storage area as depicted on the Site Plan. 5. Only the following uses will be permitted on the Property: a) A Vehicle Towing Business including a Storage Yard for Temporary Placement of Vehicles; or b) Business Studios, Office and Clinics. 6. 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. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: 3 (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signatures and seals: Grantors: Sandbridge Towing, Inc., a Virginia corporation (SEAL) Davi per , Vice President Tiffan B. Cooper , President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 3rd day of February, 2014, by David S. Cooper and Tiffany B. Cooper, _ahh x& t Vice President and President respectively for Sandbridge Towing, Inc., a Virginia corporation, Grantor. My Commission Expires: August 31, 2014 Notary Registration Number: 192628 5 1\(-01 egl Notary Public WITNESS the following signature and seal: Grantor: er (SEAL) Eddie Lee Cooper STATE OF NORTH �OLINA CITY/COUNTY OF tA..O t'r' , to -wit: The foregoing instrument was acknowledged before me this o e, i , by Eddie Lee Cooper, Grantor. ae:ACIL al-kA<4 Notary Pub is My Commission Expires: �1 ` ` Notary Registration Number: 010 1 301)15 l 6 day of Rehm A. Rena WARY PUBUC Wake Canty, NC tAitoiemiesion Elpires Sept. 1, 2016 WITNESS the following signature and seal: Grantor: mAtie 4 Linda C. Ackiss a/k/a Linda A. Ackiss (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 27th day of February, 2014, by Linda C. Ackiss a/k/a Linda A. Ackiss, Grantor. -/17'YA /110/611We-e9 Notary Public My Commission Expires: August 31, 2014 Notary Registration Number: 192628 7 EXHIBIT "A" All that certain piece or parcel of land lying, situate and being in the Princess Anne District of the City of Virginia Beach, Virginia containing 0.91 ACRES on the east side of Princess Anne Lane (formerly Princess Anne Road) at its northern terminus, which parcel is described as Beginning at a pin at the northwest corner of a 4.055 acre tract of land located on the west side of the relocated Princess Anne Road as depicted and described on that "Plat Showing Property to be Acquired For Rural Road Improvements — Princess Anne Road At Flanagan's Lane By The City of Virginia Beach From Parcel oo6 Mary E. Cooper", dated February 21, 1990 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3020, at Page 976; and from said Point of Beginning running South 61° 31' 20" East, 122.58 feet to a pin; thence running along the western right of way line of Princess Anne Road South 14° 55' 45" East, 184.93 feet to a pin; thence continuing along the western right of way line of Princess Anne Road along the arc of a curve with a radius of 1113.87 feet a distance of 2.62 feet to a pin; thence turning and running South 75° 04' 15" West, 94.66 feet to a point; thence North 61° 31' 20" West, 182.69 feet to a point on the eastern right of way line of Princess Anne Lane; thence along the eastern right of way line of Princess Anne Lane North 28° 28' 40" East, 201.30 feet to a pin at the Point of Beginning. GPIN: 2403-97-4798 (part of) H:\AM\Conditional Rezoning\Sandbridge Towing\Proffer Agreement.doc 8 ITEM: NEW CINGULAR WIRELESS PCS, LLC (Applicant) / CYPRESS POINT ENTERPRISES, INC. (Owner). (a) Conditional Change of Zoning (Conditional PD -H2 Planned Development [P-1 Preservation] to Conditional P-1 Preservation District) (b) Conditional Use Permit (Communication Tower). 5340 Club Head Road (GPIN 1468684239). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 17, 2014 • Background: The applicant is requesting a Change of Zoning from PD -H2 Planned Unit Development [P-1 Preservation District] to Conditional P-1 Preservation District on a 60 -foot by 60 -foot, 3,600 square foot, portion of the Cypress Point Golf Course in order to construct a cellular communication tower. The current PD -H2 Planned Unit Development District does not permit communication towers; however, the P-1 Preservation District allows communication towers as a conditional use. The applicant, therefore, is requesting this Change of Zoning to allow for the construction of the proposed tower. On April 22, the City Council deferred this application to the June 17 meeting at the request of the applicant. • Considerations: The applicant has a `service gap' in their wireless communication coverage within the area between Northampton Boulevard to the north, Wesleyan Drive and Haygood Road to the south, Independence Boulevard to the east, and Diamond Springs Road to the west. The applicant's engineers have determined that a communications tower located within the Cypress Point Golf Course will provide the necessary wireless communication coverage for the subject area. The proposed tower will be 140 feet in height and be a "monopine" design. A monopine tower is designed to look like a pine tree. The tower will be capable of accommodating four carriers. The tower will be located within a 60 -foot by 60 -foot compound area that will also enclose an equipment shelter and an external I NEW CINGULAR WIRELESS Page 2 of 3 generator. The compound area will be enclosed by an eight -foot high solid wood board -on -board fence. Landscaping, as required by the Zoning Ordinance, will be installed outside the fence. Specific details pertaining to proposal as well as Staff's evaluation of the requests are provided in the attached staff report. There was opposition to the request. • Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommended approval of these requests to the City Council with the following conditions and proffers: PROFFER 1: The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). PROFFER 2: Other than as described herein or as authorized by the PD -H2 Land Use Plan, as may be modified or amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement Area. PROFFER 3: The Effective Date of this Declaration shall be the date this Declaration is approved by City Council. CONDITIONS OF USE PERMIT: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, dated July 12, 2013 and last revised on March 8, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. NEW CINGULAR WIRELESS Page3of3 2. The compound fencing shall adhere to the City's Landscaping, Screening and Buffering Specifications and Standards. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Conditional Zoning Agreement Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department S City Manage BAYS' DE 'l IaP New Cingular Wireless, PCS, L.L.C. • low*, Ma [endgame e... saw Rm.nb. Change of Zoning from P-1 to Conditional P4 Any o mew" WoeeaMere Me61040. Men (suck as CUP for a Communications Tower 8 March 12, 2014 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, L.L.C. PROPERTY OWNER: CYPRESS POINT ENTERPRISES, INC. STAFF PLANNER: Ray Odom REQUEST: A. Conditional Change of Zoning (from PD -H2 Planned Development [P-1 Preservation] to Conditional P- 1 Preservation) B. Conditional Use Permit (Communications Tower) ADDRESS / DESCRIPTION: 5340 Club Head Road GPIN: 14686842390000 ELECTION DISTRICT: SITE SIZE: AICUZ: BAYSIDE 22,000 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • Background: The applicant is a wireless communications provider, and has determined that there is a service gap in their coverage within the area between Northampton Boulevard to the north, Wesleyan Drive and Haygood Road to the south, Independence Boulevard to the east and Diamond Springs Road to the west, which includes the Cypress Point Golf Course and the surrounding residential and commercial areas. The applicant's engineers have determined that a communications tower of a specified height located within the Cypress Point Golf Course will provide the necessary coverage for the subject area. Details — Change of Zoning The applicant is requesting a change in zoning from PD -H2 Planned Unit Development [P-1 Preservation District] to Conditional P-1 Preservation District on a 60 -foot by 60 -foot, 3,600 square foot, portion of the Cypress Point Golf Course in order to construct a cellular communication tower. The current PD -H2 Planned Unit Development District does not permit communication towers; however, the P-1 Preservation District allows communication towers as a conditional use. The applicant, therefore, is requesting this Change of Zoning to allow for the construction of the proposed tower. NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 1 Details — Conditional Use Permit (Communications Tower) The applicant is requesting a Conditional Use Permit to construct a 140 -foot communications tower within the Cypress Point Golf Course. The applicant's representative presented the proposal to a meeting of the Cypress Point Civic Association in October, 2013. At that meeting, the residents suggested that the tower be placed at the current proposed location (end of the driving range) and be a "monopine" design. In January, 2014, the applicant's representative met with the Cypress Point Civic Association Board of Directors regarding the tower location and design, and in February, 2014, again met with the Cypress Point Civic Association regarding the tower design and location. As a result of that input, the tower will be a 'monopine' design. A monopine tower is designed to look like a pine tree. The monopole will be coated with a brown artificial bark material. The tower has been designed to accommodate four carriers. The compound area will contain the proposed tower, an equipment shelter, and an external generator. Additional lease areas for future carriers are also provided within the area. The compound area will be enclosed by an eight -foot high solid wood board -on -board fence. Landscaping, as required by the Zoning Ordinance, will be installed. The area will be accessed via a 20 -foot wide access and utility easement, which will be placed over an existing asphalt cart path. The path will be widened to 10 feet. A Structural Report has been submitted, indicating that the tower will be designed to accommodate four carriers and will meet all structural requirements, as per the Uniform Statewide Building Code, and all wind loading requirements for this area. The formal Structural Report and the required Radio Frequency Emissions Analysis Report will be provided with the plan submittal. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Golf course SURROUNDING LAND North: • Golf course / PD -H2 Planned Development District [P-1 USE AND ZONING: Preservation District] South: • Golf course / PD -H2 Planned Development District [P-1 Preservation District] East: • Golf course / PD -H2 Planned Development District [P-1 Preservation District] West: • Golf course / PD -H2 Planned Development District [P-1 Preservation District] COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page2 maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. In addition, the Comprehensive Plan seeks to ensure that the City's information and communication infrastructure is tightly connected with the world and is of the highest efficiency and quality. The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for Suburban Areas in the Comprehensive Plan's Reference Handbook and address both site and building design. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. The guidelines applicable to this request are as follows: • Plans for commercial uses that adjoin areas planned for residential use should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. • Scale is vital to achieving compatibility. The mass, or overall size, and height of the structure should be appropriate to the surroundings. The conditional rezoning and use permit for a "monopine" pine tree designed communications tower, together with related improvements on the Cypress Point Golf Course is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area and the Special Area Development Guidelines for the Suburban area. The tower offers enhanced communication services and is designed to be compatible with its surroundings. 4 EVALUATION AND RECOMMENDATION The applicant is requesting a Change of Zoning and a Conditional Use Permit to construct a cellular communications tower, due to a gap in service coverage within this area. The applicant has worked with the surrounding community to find a location and tower design that will be compatible with the residential uses within the area. In this case, the tower has been located in the center of a golf course and is approximately 470 feet from the nearest residential structure. The tower is proposed to be of a "monopine" design, resembling a pine tree. The monopine is being located within a stand of existing pine and deciduous trees to blend into the area. The tower can accommodate up to four carriers, which will provide the opportunity for additional carriers to enhance their coverage within the area without constructing additional towers. This request is in keeping with the Comprehensive Plan's goals for providing efficient and high quality communication infrastructure and with regard to being designed to be compatible with the surrounding residential uses. Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions 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 NEW CINGULAR / CYPRESS POINT Agenda Item 8 Paque 3 acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). PROFFER 2: Other than as described herein or as authorized by the PD -H2 Land Use Plan, as may be modified or amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement Area. PROFFER 3: The Effective Date of this Declaration shall be the date this Declaration is approved by City Council. STAFF COMMENTS: Staff finds the proffers listed above acceptable, as they ensure the level of quality of the project, ensure the compatibility with the surrounding residential development and that the facility will be constructed as indicated on the proffered plans. The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in acceptable legal form. • 0 CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, dated July 12, 2013 and last revised on March 8, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The compound fencing shall adhere to the City's Landscaping, Screening and Buffering Specifications and Standards. 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 or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 4 AERIAL OF SITE LOCATION NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 5 Foursome Lane 0 SURVEY AND SITE PLAN SITE PLAN SHOWING PROPOSED ACCESS NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 6 I % ! I I N I J L _ i8.2' 60.0' I_ - SITE PLAN SHOWING PROPOSED TOWER COMPOUND NEW CINGULAR / CY11RESS POINT Agenda Item 8 Page 7 z 0 t) z W 1.4 OW 1--_, DO OG >- JQ W o za w ZZ W 4Z. PROPOSED TOWER PLAN NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 8 SIMULATED VIEW — 10TH FAIRWAY NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 9 SIMULATED VIEW — 18TH TEE NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 10 li L U .. c 0 a SIMULATED VIEW — CYPRESS POINT CIRCLE NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 11 T -• _• • 7319101 • El 1 0 0 U c 0 u) is ti E O L a> > SIMULATED VIEW — 1172 LAWSON COVE CIRCLE NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 12 BAYS IDE New Cingular Wireless, PCS, L.L.C. rAl2* • Zoning with Conditions,Proffera, Open Space Promotion change of Zoning from P-1 to Conditional P-1 My zoning district identified with asterisks before and after (such as CUP for a Communications Tower ' P-1 ') indicates the primary zoning of the site is PD -H2. ZONING HISTORY # DATE REQUEST ACTION 1 02/04/1985 Change of Zoning (R-5 to R-8) Approved 1 02/04/1985 Change of Zoning (R-5 to R-8) Approved 1 02/04/1985 Change of Zoning (R-8 and P-1 to PD -H2) Approved NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 13 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) New Cingular Wireless PCS, LLC 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) AT&T Mobility, LLC nCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Cypress Point Enterprises, Inc., Mervin R. Troyer, President, Nina Troyer 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the em� subject land? Yes No V`i If yes, what is the name of the official or employee and the nature of their interest? 4 DISCLOSURE STATEMENT NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 14 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) LeClair Ryan, Sitesafe, Inc., Velocitel, Inc., Fidelity National Title, Warren Williams & Associates ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ture gnature (if different than applicant) Print Name /v Print Name DISCLOSURE STATEMENT NEW CINGULAR / CYPRESS POINT Agenda Item 8 Page 15 Sole Officer of New Cingular Wireless PCS, LLC Stanley T. Sigman - Chief Executive Officer & President Officers & Directors of AT&T, Inc. Gilbert Amelio Ph.D. - Director Reuben Anderson J.D. - Director James 13lanchard -- Director Jon Madonna - Director I.) nn Martin - Director John McCoy -- Director Randall Stephenson - Chairman, Chief Executive Officer, President & Chairman of the Executive Committee DISCLOSURE STATEMENT NEW CINGULAR / CYPRESS POINT. Agenda Item 8 Page 16 Item #8 New Cingular Wireless PCS, L.L.C. Conditional Change of Zoning Conditional Use Permit 5340 Club Head Road District 4 Bayside March 12, 2014 REGULAR An application of New Cingular Wireless PCS, L.L.C. for a (A) Conditional Change of Zoning (from PD -H2 Planned Development [P-1 Preservation] to Conditional P-1 Preservation); and (B) Conditional Use Permit (Communications Tower) on property located at 5340 Club Head Road, District 4, Bayside. GPIN: 14686842390000. PROFFERS PROFFER 1: The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). PROFFER 2: Other than as described herein or as authorized by the PD -H2 Land Use Plan, as may be modified or amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement Area. PROFFER 3: The Effective Date of this Declaration shall be the date this Declaration is approved by City Council. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, dated July 12, Item #8 New Cingular Wireless PCS, L.L.C. Page 2 2013 and last revised on March 8, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The compound fencing shall adhere to the City's Landscaping, Screening and Buffering Specifications and Standards. A motion was made by Commissioner Inman and seconded by Commissioner Ripley to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 8. Lisa Murphy appeared before the Commission on behalf of the applicant. Chip Floyd and Bill Schwartz appeared in support. 1.1. Parus, Thomas McLanhorn, William Emerson, Michael Salerno, and Yvette Williams opposed the application. In Reply Refer To Our File No. DF -8899 TO: FROM: B. Kay Wilso RE: Mark D. Stiles CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 5, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; New Cingular Wireless PCS, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 17, 2014. I have reviewed the subject proffer agreement 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 DECLARATION OF CONDITIONS AND RESTRICTIONS THIS DECLARATION OF CONDITIONS AND RESTRICTIONS ("Declaration") made and entered into as of the Effective Date (as such date is defined in this Declaration), by and between CYPRESS POINT ENTERPRISES, INC., a Virginia corporation ("Owner"), grantor for indexing purposes, NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (t/a "AT&T"), grantor for indexing purposes (Owner and AT&T are hereby collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"), provides and states as follows: WITNESSETH: WHEREAS, Owner is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as 5340 Club Head Road, GPIN No: 1468-68- 4239-0000, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Property is zoned P-1 Preservation District and is subject to the terms of a PD -H2 land use plan entitled "Land Use Plan Cypress Point" ("Land Use Plan"), which designates the Property as open spaces and recreational areas, including an 18 hole golf course, tennis courts, a swimming pool and a country club/clubhouse, within a mixed density residential development known as Cypress Point; WHEREAS, on February 4, 1985 Owner's predecessor in interest, Kempsville Lake Number 1 Partnership, a Virginia general partnership, executed a Declaration of Restrictive Covenants for Cypress Point Recreational and Open Space recorded February 15, 1985 in Deed Book 2392, Page 0131 in the Clerk's Office ("Clerk's Office") of the Circuit Court of the City of Virginia Beach, Virginia (the "Original Declaration") which prohibited the use of the open spaces and recreational areas in Cypress Point that were zoned P-1 Preservation for any purpose other than recreation and open space in connection with a golf course and other related amenities; WHEREAS, pursuant to the terms of an Option and Lease Agreement between Owner and AT&T ("Lease"), Owner has agreed to lease to AT&T, that certain 3,600 square foot portion of the Property described on Exhibit B, attached hereto and incorporated herein by reference ("Lease Parcel"), together with easements for access and utilities thereto in the locations described on Exhibit C, attached hereto and incorporated herein by reference ("Easement Area"), for the purposes of installing, operating and maintaining a wireless communications facility, consisting of communications fixtures and structures and related equipment, cables, accessories, improvements, shelters, cabinets and fencing (collectively, "Communication Tower"), as described more fully in the Lease; GPIN: 1468-68-4239-0000 Prepared by: LeClair Ryan, A Professional Corporation 999 Waterside Drive, Suite 2100 Norfolk, Virginia 23510 WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of the Lease Parcel and Easement Area from P-1 Preservation District pursuant to a PD -H2 Land Use Plan to P-1 Preservation District (Conditional); WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Lease Parcel and Easement Area for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendment to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Lease Parcel and Easement Area, the following reasonable conditions related to the physical development, operation, and use of the Lease Parcel and Easement Area to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Lease Parcel and Easement Area, which has a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Lease Parcel and Easement Area and hereby covenant and agree that this Declaration shall constitute covenants running with the Lease Parcel and Easement Area, which shall be binding upon the Lease Parcel and Easement Area and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title and that the conditions and restrictions of this Declaration shall replace the restrictive covenants contained in the Original Declaration with regard to the development and use of the Lease Parcel and Easement Area: 1. The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ("City 2 Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). 2. Other than as described herein or as authorized by the PD -H2 Land Use Plan, as may be modified or amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement Area. 3. The Effective Date of this Declaration shall be the date this Declaration is approved by City Council. GRANTOR further covenants and agrees that: All references herein to P-1 Preservation District and PD -H2 Planned Unit Development District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Declaration by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendment to the zoning ordinance of the City of Virginia Beach, Virginia, in force as of the date this Declaration is approved by City Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment changes the zoning of the Lease Parcel and Easement Area and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Lease Parcel and Easement Area at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Lease Parcel and Easement Area, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. IN WITNESS WHEREOF, the parties hereto have caused this Declaration to be executed as of the dates written below their respective signatures and seals: OWNER: CYPRESS POINT ENTERPRISES, INC., a Virginia corporation Name: ervinJ. Troyer Title: President Date: COMMONWEALTH OF VIRIA CITY OF Vii 9 in Dov peak , to wit: The foregoing instrument was acknowledged before me this 1-0111%dayof 2014 by Mervin R. Troyer, as President of CYPRESS POINT ENTERPRISE , INC., a V ginia corporation, on behalf of said corporation. (SEAL) [SEAL] Marsha Thompson Moriarty Notary Public Reg #182252 Commonwealth of Virginia My Commission Expires Nofary Public Registration No: 16 My Commission Expires: 4 3011+ [SIGNATURES AND SEALS CONTINUE ON FOLLOWING PAGE.] 4 AT&T: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mo Its: Manager By: Print Corporation Name: David C. Tuck Its: Area Manager ofrrConstruction and Engineering �%�l Date: / i f�f q COMMONWEALTH OF VIRGINIA ) SS: COUNTY OF HENRICO The foregoing instrument was acknowledged before me this EQ-b(.CAit(h 1 6 2014, by David C. Tuck, Area Manager of Construction and Engineering of AT&T Mobility Corporation, on behalf of New Cingular Wireless PCS, LLC. [SEAL] \\`y11Mi!! .. >: MY c 303929 . 'a ///,‘-'41.-FH i vv 11111,10, 5 r. I2'1 &A?OLJ'44.4_ o ary Public Registration No: My Commission Expires: IUiiQ 3u, c & i Exhibit A to Declaration of Restrictions and Conditions [Legal Description of the Property] ALL THAT certain lot, piece or parcel of land, with the buildings and improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia, further described as follows: PARCEL 1: ALL THAT certain tract, piece or parcel of land, situate, Tying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Golf Course Parcel GC -1 7.94 Ac.", as shown on that certain plat entitled "CYPRESS POINT, PHASE 1, SUBDIVISION OF THE PROPERTY OF DeFORD LIMITED and R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN M.B. 182, PG. 17, D.B. 2445, PGS. 101, 102, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2464, at Pages 1748H through 1748Q. PARCEL 2: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Golf Course Parcel GC -2 9.66 Ac.", as shown on that certain plat entitled "CYPRESS POINT, PHASE 1, SUBDIVISION OF THE PROPERTY OF DeFORD LIMITED and R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN M.B. 182, PG. 17, D.B. 2445, PGS. 101, 102, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2464, at Pages 1748H through 1748Q. PARCEL 3: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Golf Course Parcel GC -3.22 Ac.", as shown on that certain plat entitled "CYPRESS POINT, PHASE 1, SUBDIVISION OF THE PROPERTY OF DeFORD LIMITED and R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN M.B, 182, PG. 17, D.B. 2445, PGS. 101, 102, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2464, at Pages 1748H through 1748Q. PARCEL 4: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PJO Golf Course Parcel GC -4 11.55 Ac.", as shown on that certain plat entitled "CYPRESS POINT, PHASE 2, SUBDIVISION OF THE PROPERTY OF R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN D.B. 2445, PGS. 101-102 AND M.B. 182, PG. 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2486, at Pages 1792 through 1801. 6 Exhibit A to Declaration of Restrictions and Conditions PARCEL 5: ALL THAT certain tractplece or parcel of land, situate, lying and being in the Cty of Virginiainia Beach, Virginia, being known, nred d das "Golf Course Parcel GC-5Area =5'GGAc."'aS showri on that certain plat entitled "CYPRESS POINT, PHASE 3-A, SUBDIVISION OF THE PROPERTY OF R. G. MOOREBUILDING CORPORATION, AVIRGINIA CORPORATION, ASDESCRIBED |ND.8.2446,PG. 1O31 AND AS SHOWN IN M.B. 182, PG, 17, BAYSDE BOROUGH, VIRGINIA BEACHP VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2486, at Pages 1777 through 1784. PARCEL 6: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "GoIf course ParcelGC-6 41,603 Sq. Ft. or 0.96 Ac.", as shown on that certain plat entitled "CYPRESS POINT, PHASE 3-B, SUBDIVISION OF THE PROPERTY OF R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS DESCRIBED IN D.8.2446,PG. lO31AND ASSHOWN |NM.B.1Q2,PG. 17,8AY8DEBOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2486, at Pages 1764 through 1769. PARCEL 7: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Golf course Parcel GC -7 2.33 Ac.", as shown on thatcertainp}atentit|e6°CY9RESSPQlNT'PHASE3'B'SUBD|V|S|ONOFTHE9ROPERTYOFR.G.K8OORE BULDING CORPORATION, A VIRGINIA CORPORATION, AS DESCRIBED IN D,B. 2446, PG. 1031 AND AS SHOWN |NK4.B.182,PG. 17,8AYS\DEBOROUGH, VIRGINIA BEACH, V|RG}N|A,^which said plat ioduly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2486, at Pages 1764 through 1769. PARCEL 8: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "Golf Course Parcel GC -8 89.11 Ac.", as shown on that certain plat entitled "CYPRESS POINT, PHASE 4, SUBDIVISION OF THE PROPERTY OF R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN M,B. 182, PG, 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Virginia in Deed Book 2489. at Pages 1157 through 1169. 7 Exhibit A to Declaration of Restrictions and Conditions (cont' d) PARCEL9: ALL THAT certain tractpiece ar parcel of land, situate, lying and being n the City of Vftginia Beach, Virginia, being known, numbered and designated as "Golf Course Parcel GC -9 Area = 13,730 Sq. Ft. or 0.32Ac-" 'as shown on that certain plat entitled "CYPRESS POINT, PHASE 4, SUBDIVISION OF THE PROPERTY OF R. G. MOORE BULDING CORPORATION, A VRGINIA CORPORATON, AS SHOWN IN M.B. 182, PG. 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said ptat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2489, at Pages 1157 through 1169. PARCEL 10: ALL THAT certain tract, piece Or parcel of land, situate, lying nd bein Virginia, being known, numbered and designated as "Recreation Area No. 1 1.90 Ac.", as shown on that certain plat entitled "CYPRESS POINT, PHASE 3-B, SUBDIVISION OF THE PROPERTY OF R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN D.B. 2446, PG. 1031 AND AS SHOWN IN M.B. 182, PG. 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2486, at Pages 1764 through 1769. PARCEL 11: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virgina, being known,nurnbered and designated as "Golf Course ParcelGC-9 Accessway Area = 3857 Sq. Et. or 0.09 Ac.", as shown on that certain plat entitled "CYPRESS POINT,PHASE 4, SUBDIVISION OF THE PROPERTY OF R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN ON M.B. 182, PG. 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VRGINIA", whlch said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2489, at Pages 1157 through 1169. TOGETHER WITH all right, title and interest of Gainsborough Corporation of North Carolina, if any, in all easements, riparian rights and rights-of-way appurtenant to the above-described PARCELS 141, including, but not limited to, two (2)1NGRESS-EGRESS EASEMENTS 15' in width across PARCEL E as shown on that certain plat entitled "CYPRESS POINT, PHASE 2, SUBDIVISION OF THE PROPERTY OF R.G. yW00REBUILDING CORPORATION, AVIRGINIA CORPORATION, AS SHOWN IN D.B. 2445, PGS. 101-102 AND K4.R.182,PG. 17,8AY5|DEBOROUGH, VIRGINIA BEACH, V]RGIN|A°'which said plat isduly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2486, at Pages 1792 through 1801. TOGETHER WITH all rights, title and interest of Gainsborough Corporation of North Carolina, if any, as successor in interest to Kempsville Lakes Number 1, a Virginia general partnership, in and to certain property owned by the City of Norfolk, Virginia, pursuant to that certain Permit dated April 18, 198S, by and between the City of Norfolk and Kempsville Lakes Number 1, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2416, at Page 870, subject, however, to the conditions and ob!igations set forth in said Permit. 8 Exhibit A to Declaration of Restrictions and Conditions (nOn1^d) TOGETHER WITH all rightstitle and interesof Gainsborough Corporation of North Carolina, if anyin and to certain portions of the City of Virginia Beach rights-of-way of Broad Meadows Boulevard and Club Head Road to construct and maintain storm drainage pipes, irrigation pipes and three 8 -foot reinforced concrete pipes to be utilized as golf cart underpasses as set forth in that certain Agreement dated November 20, 1985, by and between the City of Virginia Beach, Virginia, and R.G. Moore Building Corp., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2465, at Page 939, subject, however, to the conditions and obligations set forth in said Agreement. AND BEING the same property conveyed to Cypress Point Enterprises, Inc., a Virginia corporation from Gainsborough Corporation, a North Carolina corporation by Deed dated September 30, 1992 and recorded October 19, 1992 in Deed Book 3139, Page 0201. Tax Parcel No. 14686842390000 9 Exhibit B to Declaration of Restrictions and Conditions [Legal Description of the Lease Parcel] AT&T 60'X60' LEASE AREA A PROPOSED 5,0' HHY 60' LEASE AREA ON THAT PARCEL AS DESCRIBED IN DEED BOOK 3139, PACE 201, RECORDED IN THE CLERK OF THE CIRCUIT COURTS OFFICE, 'w'IR.,':1114 L3EA(CH, "JIRC-INIAL, LYING ON THE, NOEZI'HTITERt.Y RIGHT OF 'WAY OF CLI13 HEAD ROAD, ICENG FACRE PARTI:ULARLY DESCRIBED AS FOLLOWS I3EGINNLNC AT A POINT ALONG SAD RIGHT OF WAY AT THE ENTRANCE TO THE CYPRESS PONT CULT` CLUB LLA;VING A COORDINATE VALUE GE P1: 3,486,025.113 13Y F':: 12,166,533.42 AS RELATED TO THE VIRGINIA STATE PLANE COORDINATE SYSTEM (NAD 63) 5OUTH ZONE: THENCE N 64'13'42" W A DISTANCE OF 6000' TO A POINT; THENCE N 25'46'18". E A DISTANCE OF 60.00' TO A POINT; THEto2E 5 64'13`42" E A DISTANCE OF 60.00' TO A POINT; THENCE 5 25'46't8` W A G:STAt C€ OF 50.00' TO A POINT WHICH 1S THE POINT OF BEGINNING, HAYING AN AREA OF 3,600 S DARE FEET OR 0.093 ACRES. Exhibit C to Declaration of Restrictions and Conditions [Legal Description of the Easement Area] AT&T 20ACCESS/UTILITY EASEMENT A PROPOSED L0' INGRESS, EGRESS AND UTILITIES EASEMENT OVER AND ACROSS --tAT PARCEL AS DESCRIBED IN DEED BOCK 3119, PAGE 201, RECORDED IN THE CLERK OF IRE CIRCUIT COURTS orrlrE lRGINlA BE.ACH, VIRGINIA LYING ON THE NORTHTHERLY PIGHT OF WAY OF CLUB HEAD WAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING Al A POINT ALONG SAID RIGHT OF WAY AT THE ENTRANCE TO THE CYPRESS POINT GOLF CLUB, HAVING A COORDINATE VALUE OF N: 3,486,788.47 BY L. 12,165,984,19 AS RELATED TO THE VIRGNIA STATE PLANE COORDINATE SySTEM 4AD 63) souni ZONE; I HENCE ALONG, 7HE C N 30438'53* E A DIST THENCE N 76'47'3r THENCE N 45'25'01" I HENCE N 552445" THENCE N 31'41'26" THENCE N 06'41'20" THENCE N 54'42'37' THENCE 14 43134'37" THENCE: N 35'1221' THENCE N 2614'40' THENCE S 81'39'20" f HENCE N 69'13'47" THENCE N 3521'11' THENCE N 76'34'35' THENCE 1.4 31'13'14" THENCE N 1r4320 - T HENCE N C5'56"14" THENCE N 29'37'48- HENC E N 1 4'58' 39 " r HENCE N os•os'Io• rHENc..E ,3747'34" THENCE- N 25'58-'22- T HENCE N 2032'12" THENCE N 35'51'30" THENCE N 51'41'52' THENCE N 3800'03" THENCE N 26'5623" THENCE N 16'3258" THE,NCE N 04'0655" THENCE N 09'54'59" THENCE N 32'44'11' THENCE N 4T2831" THENCE N 47'01'12" THENCE N 6413'42" SAO EASEMENT. LNIERLINE OF SAD EASEMENT THE FOLLOWING. COURSES ANCE or 119.10' ro A POINT; E A DISTANCE OF 151 .21' TO A POINT; E A DISTANCE OF 321,60' TO A POINT; W A DTS"ANDE or 70..12 10 A PO NT; E 4 DISTANCE OF 79.68' TO A POINT; W A DISTANCE OF 59,86' "0 A 00 1413 E A DISTANCE OF 63.38' TO A POINT; ▪ A DISTANCE OF 60 02' TO A I,101'4; F. A DISTANCE OF 29.83 10 A POINT; F. A DISTANCE 00 26.59 TO A POINT; E 4 DISTANCE OF 38.67' TO A POINT; E 4 DISTAINCE OF 25.71' 10 A PGINT; E A DISTANCE OF 36.' 2' TO A POIN"; 2 A DISTANCE OF 131.13' TO A POINT; E. A DISTANCE OF 85.01' TO A POINT: E 4 DISTANCE OF 21.91' TO A POINT; W A DISTANCE OF 24.85' TO A PO NT; W A DISTANCE OF 49,35 TO A pOtt..,T; W 4 DSTANCE or 18,34' 70 A POINT; E A DISTANCE OF 16.32' TO A POIN; E A DISTANCE OF 42.72' TO A POHIT; ▪ A DISTANCE OF 3687' TO A POINT; E A DISTANCE OF 45,.(.16' 10 A E4 DISTANCE OF 23.31' 10 A POINT; F. A DISTANCE OF 37.35. TO A POINT; • A DISTANCE OF 31.11' TO A POINT; E A DISTANCE QF 87.37' 10 A E A DISTANCE OF 20.45' 10 A POINT; W 4 ISTANCE Of 53.80' 10 A POINT; E A DISTANCE OF 22,3/' TO A POIN1; E A DISTANCE OF 23,64' TO A I,,DINT; • A DISTANCE OF 25.92' TO A PGINT; W A OGTANCF OF 11.81' TO A P0141' 4 A [1 STANCE or 13561' TO A 001.40 ElEING THE END OF CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEMPDEL, INC. — SHURNEY LANE (Applicant / Owner), Change of Zoning, Conditional PD -H2 (A-12) to P-1 Preservation, 881 Shurney Lane. Comprehensive Plan — Suburban Area. (GPINs 1468443128; 1468444310). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 17, 2014 • Background: On September 24, 2013, City Council approved the conditional rezoning of this 1.703 acre site from A-12 Apartment District to PD -H2 Planned Unit Development with underlying A-12 Apartment District. The request was for a 17 - unit single-family residential development. In accordance with the requirements of the Zoning Ordinance for a PD -H2 development, the open space areas of the PD -H2 must be zoned P-1 Preservation District. • Considerations: The open space areas included in this rezoning application include 12,653 square feet located along Diamond Springs Road and two areas on each side of the entrance along Shurney Lane. The open space will also be used for stormwater management. The Condominium Unit Association will be responsible for maintaining all open space areas, common areas, landscaping and other improvements on the Property as depicted on the Preliminary Site Plan approved by City Council. Membership by all residential unit owners is mandatory. Further details pertaining to this request, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. KEMPDEL (SHURNEY LANE) Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department JG , City Manager: KEMPSVILLE Map C -t Change of Zoning from Conditional PDH -2 with Underlying A-12 to P-1 3 May 14, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: KEMPDEL, INC. STAFF PLANNER: Kevin Kemp REQUEST: Change of Zoning (Conditional PDH -2 with A-12 to P-1 Preservation) ADDRESS / DESCRIPTION: 881 Shurney Lane & northern terminus of Shurney Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14684431280000 KEMPSVILLE 77,230 square feet Less than 65 dB DNL 14684443100000 t BACKGROUND / DETAILS OF PROPOSAL On September 24, 2013 City Council approved the conditional rezoning of this 1.703 acre site from A-12 Apartment District to PD -H2 Planned Unit Development with underlying A-12 Apartment District. The request was for a 17 -unit single-family residential development. In accordance with the requirements of the Zoning Ordinance for a PD -H2 development, the open space areas of the PD -H2 must be zoned P-1 Preservation District. The open space areas included in this rezoning application include 12,653 square feet located along Diamond Springs Road and two areas on each side of the entrance along Shurney Lane. The open space will also be used for stormwater management. The Condominium Unit Association will be responsible for maintaining all open space areas, common areas, landscaping and other improvements on the Property as depicted on the Preliminary Site Plan approved by City Council. Membership by all residential unit owners is mandatory. This request is to bring the site into conformity with the City Zoning Ordinance and the approved proffer agreement that states the open space must be rezoned to P-1 prior to site plan approval. LAND USE AND COMPREHENSIVE PLAN KEMPDEL, INC. Agenda Item 3 Page 1 EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Retail shops / B-2 Community Business District • Single-family home, vacant parcel / R-10 Residential District • Senior housing complex, quad dwelling units / B-2 Community Business District, A-12 Apartment District • Diamond Springs Road, • Townhomes / A-12 Apartment District The site is primarily wooded. There do not appear to any significant environmental or cultural features on the site. The site is located in the Chesapeake Bay watershed. COMPREHENSIVE PLAN: This site is within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding use. (p. 3-1 through 3-3) IMPACT ON CITY SERVICES City Services are not affected by this request. EVALUATION AND RECOMMENDATION This request for a change of zoning from a Conditional PD -H2 Planned Unit Development with underlying A-12 Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the conditional rezoning granted by City Council. The open space areas depicted on the submitted plan are acceptable. It insures that the approved rezoning is consistent with the City Zoning Ordinance and the approved proffer agreement of the conditional rezoning. For the reasons stated above, staff is recommending approval of this request. 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 KEMPDEL, IpC, Agenda Item 3 Page 2 the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KEMPDEL,V.C. Agenda Item 3 Page -3 AERIAL OF SITE LOCATION KEMPDEL, INC. Agenda Item 3 Page 4 g r�t tY6q!8 $ ille9 tt o' 1 Nq cL 4.10 0 1' t ii AREAS TO BE REZONED TO P-1 KEMPDEL, INC. Agenda Item 3 Page 5 KEMPSVILLE Maj) C-5 `Map f io gale Kem Adel, Inc. *** s``/I, 0174 e'0i 1111 mow *,�sin JO.•-vggII alinask / %, aw ft.;.; • Ithirsir Zoning with Conditions Proffers. Open Space Pronrodon or POH•2 Overlays Change of Zoning from Conditionai A-12 to Conditional PDH -2 with underlying A-12 ZONING HISTORY # DATE REQUEST ACTION 1 09/24/2013 Change of Zoning (Conditional to PD -H2 with underlying A-12) Approved Change of Zoning (R-10 to Conditional A-12) Approved 2 02/26/2008 Change of Zoning (B-2 to Conditional A-36) Approved Approved 02/26/2008 Conditional Use Permit (Senior Housing) 3 06/14/2005 Change of Zoning (B-2 to Conditional A-18) Approved 4 01/25/2005 Change of Zoning (R-7.5 to Conditional A-12) Conditional Use Permit (Religious Facility) Approved Approved Approved 5 03/11/2003 6 01/26/1999 Change of Zoning (R-10 to Conditional B-2) 7 01/26/1999 Conditional Use Permit (Senior Housing) Approved KEMPDEL, INC. Agenda Item 3 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Kempdel, Inc.: George B. Kemp, President; Paul Angelson, Vice President; Angela Reichart, Secretary/Treasurer 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant: (Attach List if necessary) nCheck here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, business, or other unincorporated organization. partnership, firm, 1 & 2 See next page for footnotes Does an official or employee ofCity of Virginia Beach have an interest in the subject land? Yes 1 No X If yes, what is the name of the official or employee and the nature of their interest? Rezoning Application Page 9 of 10 Revised 11!172013 z 0 0 NW P4 KEMPDEL, 1C, Agenda Item 3 Pape 7 z 0 P4 a c7 z 0 NW DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Kellam Gerwitz, P.C. ' 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. George B. Kemp, President Print Name Property Owner's Signature (if different than applicant) Print Name Rezoning Application Page 10 0110 Revised 11/1/2013 DISCLOSURE STATEMENT KEIyIPDEL, I IC_, Agenda Item 3 Page 8 Item #3 Kempdel, Inc. Change of Zoning 881 Shurney Lane District 4 Bayside May 14, 2014 CONSENT An application of Kempdel, Inc. for a Change of Zoning (Conditional PDH -2 with A-12 to P-1 Preservation) on property located at 881 Shurney Lane & northern terminus of Shurney Lane, District 2, Kempsville. GPIN: 14684431280000; 14684443100000. This request for a change of zoning from a Conditional PD -H2 Planned Unit Development with underlying A-12 Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the conditional rezoning granted by City Council. The open space areas depicted on the submitted plan are acceptable. It insures that the approved rezoning is consistent with the City Zoning Ordinance and the approved proffer agreement of the conditional rezoning. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 3 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. UD� rra� M y i� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Sections 1803 and 1804 of the City Zoning Ordinance pertaining to Special Regulations for Discretionary Development Applications for Residential Uses in the Oceanfront Resort District. MEETING DATE: June 17, 2014 • Background: The purpose of the proposed amendments to Section 1803 and 1804 is to clarify that an owner of or developer of property immediately adjacent to property zoned Oceanfront Resort (OR) District cannot request a zoning change to OR and develop the site residentially at a greater density than what would have been possible with the existing zoning. • Considerations: The proposed amendments, by preventing the number of units from being higher than what would otherwise be possible without the rezoning to the OR zoning district, maintain the City's agreement with the Navy and the Department of Defense that there will be no increase in density beyond what was allowed by - right under the previous Resort Tourist (RT) zoning districts as a result of either by -right development that occurs in the ORD or as a result of a rezoning to ORD. 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 these amendments to the City Council. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 'WA. 13 May 14, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTIONS 1803 AND 1804 REQUEST: An Ordinance to Amend Sections 1803 and 1804 of the City Zoning Ordinance pertaining to Special Regulations for Discretionary Development Applications for Residential Uses in the Oceanfront Resort District. • SUMMARY OF AMENDMENT The purpose of the proposed amendments to Section 1803 and 1804 is to clarify that an owner of or developer of property immediately adjacent to property zoned Oceanfront Resort (OR) District cannot request a zoning change to OR and develop the site residentially at a greater density than what would have been possible with the existing zoning. Thus, by preventing the number of units from being higher than what would otherwise be possible without the rezoning to the OR zoning district, the amendments maintain the City's agreement with the Navy and the Department of Defense that there will be no increase in density beyond what was allowed by -right under the previous Resort Tourist (RT) zoning districts as a result of either by -right development that occurs in the OR or as a result of a rezoning to ORD. Summary of Amendments The amendments to subsection (c) are technically necessary in order to make the provisions of subsection (d) effective. The amendments to subsection (d) provide that applications for a change of zoning district classification to the OR Oceanfront Resort District, where approval for a residential use is sought or where a residential use would be allowed under the OR zoning district classification, may be granted only in the following circumstances: (1) The proposed number of residential units is no greater than the number allowed under the pre-existing zoning district classification; (2) The subject property is contiguous to the OR District, with no intervening street or alley; and (3) The proposed development substantially conforms to the Oceanfront Resort District Design Guidelines or is approved under the Alternative Compliance Provisions of the Oceanfront Resort District Form -Based Code. The amendments to subsection (e) make clear that the redevelopment exemption to the provisions of the AICUZ Overlay Ordinance apply to all residential density (e.g., including hotel/motel), rather than only residential dwelling unit density. CITY OF VIRGINIA BEACH / Amendment to Sections 1803 and 1804 of the CZO Agenda Item 13 Page 1 RECOMMENDATION The amendments address what the Navy -City Joint Staff (MOU) Group has identified as a potential problem in the City's and Navy's control and reduction of incompatible uses around NAS Oceana. Accordingly, staff recommends approval. CITY OF VIRGINIA BEACH / Amendment to Sections 1803 and 1804 of the CZO Agenda Item 13 Page 2 1 AN ORDINANCE TO AMEND SECTIONS 1803 AND 2 1804 OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO SPECIAL REGULATIONS FOR 4 DISCRETIONARY DEVELOPMENT APPLICATIONS 5 FOR RESIDENTIAL USES IN THE OCEANFRONT 6 RESORT DISTRICT 7 8 Sections Amended: City Zoning Ordinance Sections 9 1803 and 1804 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 Article 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE 18 USE ZONES (AICUZ) 19 20 A. OVERLAY DISTRICT REGULATIONS. 21 22 23 24 Sec. 1803. Applicability. 25 26 (a) Area of applicability. The provisions of this Article shall apply to 27 discretionary development applications for any property located within an Accident 28 Potential Zone (APZ) or 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zone, as 29 shown on the official zoning map, 30 31 32 33 34 35 36 37 38 39 (3) Conversions or enlargements of nonconforming uses or structures, 40 except where the application contemplates the construction of a 41 new building or structure or expansion of an existing use or 42 structure where the total occupant load would not increase; and 43 . For purposes of this Article, discretionary development applications shall include applications for: (1) Rezonings, including conditional zonings; (2) Conditional use permits for new uses or structures, or for alterations or enlargements of existing conditional uses where the occupant load would increase; 44 (4) Street closures where the application contemplates the construction 45 of a new building or structure or the expansion of a use or structure 46 where the total occupant load is increased; and. - 47 48 (5) Special exceptions for Alternative Compliance in any zoning district 49 listed in Section 102(a)(13) where the special exception authorizes 50 a use not otherwise permitted by applicable regulations. 51 52 COMMENT 53 54 The amendments are technical in nature and have no substantive effect. 55 56 57 Sec. 1804. Discretionary development applications; city council policy. 58 59 60 61 (c) Special regulations in the 65-70 dB DNL Noise Zone. Except as set forth 62 in subsection (d), The the following regulations set forth in this subsection shall apply to 63 discretionary development applications for residential uses on property within the 65- 64 70 dB DNL Noise Zone. Residential uses shall include all of the uses listed under the 65 heading of "Residential and Related" in Table 1 of this section. 66 67 (1) For property within Sub -area 1 of the 65-70 dB DNL Noise Zone, 68 discretionary development applications for residential uses may be 69 granted only if the city council finds that the proposed development: 70 71 (i) Conforms to the applicable provisions of the city zoning 72 ordinance, including all requirements of the zoning district; 73 and 74 75 (ii) Conforms to the applicable provisions of the Comprehensive 76 Plan, including, without limitation, the Resort Area Strategic 77 Action Plan, Old Beach Design Guidelines or Special Area 78 Design Guidelines (Urban Areas) set forth in the Reference 79 Handbook of the Comprehensive Plan. 80 81 (2) For property within Sub -area 2 of the 65-70 dB DNL Noise Zone, 82 discretionary development applications for residential uses may be 83 approved only if the city council finds that the proposed 84 development: 2 85 86 (i) Is at a density similar to or lower than that of surrounding 87 properties having a similar use and no greater than 88 recommended by the Comprehensive Plan; and 89 90 (ii) Conforms to the applicable provisions of the Comprehensive 91 Plan, including, without limitation, the Princess Anne 92 Corridor Study, Princess Anne Commons Design Guidelines, 93 or Mixed Use Development Guidelines. 94 95 (3) For property within Sub -area 3 of the 65-70 dB DNL Noise Zone, 96 it shall be the policy of the city council that no application for a 97 residential use shall be approved unless the city council finds that 98 no reasonable non-residential use can be made of the property, in 99 which event the city council may allow the proposed residential use 100 of such property at the lowest density that is reasonable. 101 102 (d) Special regulations for discretionary development applications for 103 residential uses in the Oceanfront Resort District. The following regulations shall apply 104 to applications for a change of zoning district classification to the OR Oceanfront Resort 105 District, where approval for a residential use is sought or where a residential use would 106 be allowed under the OR zoning district classification. "Residential uses" shall include 107 all of the uses listed under the heading of "Residential and Related" in Table 1 of this 108 section. Such applications may be granted only if: 109 110 (1) The proposed number of residential units is no greater than the 111 number of residential units that may be developed as a matter of 112 right on the property under the regulations of its zoning district 113 classification at the time the application is made; 114 115 (2) The property that is the subject of the application is within the 116 Resort Area Strategic Growth Area and immediately adjacent to the 117 OR Oceanfront Resort District, with no intervening street or alley; 118 and 119 120 (2) The proposed development substantially conforms to the applicable 121 provisions of the Oceanfront Resort District Design Guidelines or is 122 allowed pursuant to the Alternative Compliance provisions of the 123 Oceanfront Resort District Form -Based Code. 124 3 125 (d)ipl Redevelopment. The provisions of this section shall not apply to 126 discretionary development applications for the redevelopment of property where 127 the proposed residential density is the same as or lower than the 128 actual residential density existing at the time the application is 129 submitted. 130 131 COMMENT 132 133 The amendments to subsection (c) are technically necessary in order to effectuate the 134 provisions of subsection (d). 135 136 The amendments to subsection (d) provide that applications for a change of zoning district 137 classification to the OR Oceanfront Resort District, where approval for a residential use is sought 138 or where a residential use would be allowed under the OR zoning district classification, may be 139 granted only where: (1) the proposed number of residential units is no greater than the number 140 allowed under the pre-existing zoning district classification; (2) the subject property is contiguous 141 to the OR District, with no intervening street or alley; and (3) the proposed development 142 substantially conforms to the Oceanfront Resort District Design Guidelines or is approved under 143 the Alternative Compliance Provisions of the Oceanfront Resort District Form -Based Code. 144 145 The amendments to subsection (e) make clear that the redevelopment exemption to the 146 provisions of the AICUZ Overlay Ordinance apply to all residential density (e.g., including 147 hotel/motel), rather than only residential dwelling unit density. 148 149 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 150 day of , 2014. 151 152 153 APPROVED AS TO CO TENT: 154 155 156 >,��1�157 Planning D •artment City Attorney6t1/144V1 ice 158 159 160 CA -12922 161 R-1 162 March 27, 2014 163 164 APPROVED AS TO LEGAL SUFFICIENCY: 4 Item #13 City of Virginia Beach (Section 1803 & 1804) An Ordinance to Amend Sections 1803 & 1804 of the City Zoning Ordinance Pertaining to Special Regulations for Discretionary Development Applications For Residential Uses in the Oceanfront Resort District May 14, 2014 CONSENT The purpose of the proposed amendments to Section 1803 and 1804 is to clarify that an owner of or developer of property immediately adjacent to property zoned Oceanfront Resort (OR) District cannot request a zoning change to OR and develop the site residentially at a greater density than what would have been possible with the existing zoning. Thus, by preventing the number of units from being higher than what would otherwise be possible without the rezoning to the OR zoning district, the amendments maintain the City's agreement with the Navy and the Department of Defense that there will be no increase in density beyond what was allowed by -right under the previous Resort Tourist (RT) zoning districts as a result of either by -right development that occurs in the OR or as a result of a rezoning to ORD. The amendments to subsection (e) make clear that the redevelopment exemption to the provisions of the AICUZ Overlay Ordinance apply to all residential density (e.g., including hotel/motel), rather than only residential dwelling unit density. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 13. AYE 11 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 13 for consent. City Attorney Bill Macali appeared before the Commission. ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Sections 400 and 401 of the City Zoning Ordinance, Pertaining to the Purpose of the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and Agricultural -Related Products, and to Repeal Section 241 of the City Zoning Ordinance, Pertaining to Riding Academies and Horses for Hire or Boarding. MEETING DATE: June 17, 2014 • Background: The proposed amendments are a result of recent State Code changes that will become effective on July 1, 2014. Staff has worked with the Agricultural Advisory Commission and the agricultural community to propose adjustments to existing Virginia Beach regulations that will bring the City into compliance with the State mandates. • Considerations: Over the years, the City has adopted regulations pertaining to farm stands and agritourism that have worked well for Virginia Beach. The City of Virginia Beach has long recognized farm stands and agritourism as vital to the preservation of the local agricultural community. Farm stands and agritourism provide additional farm income for local farmers; help educate consumers about agriculture and local farm products; and allow residents and visitors to enjoy fresh, locally produced food, and agricultural -themed recreational, educational and entertainment activities. The proposed amendments build on the City's existing regulations pertaining to farm stands and agritourism and revise those regulations where necessary to bring the City into compliance with the State Code. The amendments are described and discussed in greater detail in the attached staff report. 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 these amendments to the City Council. • Attachments: Staff Report I II CITY OF VIRGINIA BEACH — AGRICULTURAL AMENDMENTS Page 2 of 2 Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department s VL . ti "L City Manager: 14 May 14, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTIONS 400 AND 401 REQUEST: An Ordinance to Amend Sections 400 and 401 of the City Zoning Ordinance, Pertaining to the Purpose of the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and Agricultural -Related Products, and to Repeal Section 241 of the City Zoning Ordinance, Pertaining to Riding Academies and Horses for Hire or Boarding. • SUMMARY OF AMENDMENT The City of Virginia Beach has long recognized farm stands and agritourism as vital to the preservation of the local agricultural community. Farm stands and agritourism provide additional farm income for local farmers; help educate consumers about agriculture and local farm products; and allow residents and visitors to enjoy fresh, locally produced food, and agricultural -themed recreational, educational and entertainment activities. Over the years, the City has adopted regulations pertaining to farm stands and agritourism that have worked well for Virginia Beach. The proposed amendments are a result of recent State Code changes that will become effective on July 1, 2014. Staff has worked with the Agricultural Advisory Commission and the agricultural community to propose adjustments to existing Virginia Beach regulations that will bring the City into compliance with the State mandates. The amendments to subsection (a) replace the provisions formerly in Section (401)(b), pertaining to farm stands, with regulations pertaining to the sale of agricultural and agricultural -related products at active agricultural operations. The area that such sales may occupy as a principal use, exclusive of rest rooms and hand -washing facilities, is increased from 2,500 square feet to 3.500 square feet. Larger areas are allowed as a conditional use. In addition, riding academies and horse boarding are changed from condition to principal uses. The amendments to subsection (b) eliminate subdivision (1) and revise the remainder of the subsection to allow a limited amount of sales of agricultural products and agricultural -related products from dwellings located on agricultural operations. The amendments to subsection (c) establish a category of uses, entitled "agritourism activities," and allow such activities at which no more than 250 persons are in attendance at any one time, as a principal (by - right) use. An exception to the numerical limit for activities involving the planting or harvesting of agricultural products is provided. The amendments also address requirements for vehicular parking, hours of operation and amplified music. Agritourism activities at which more than 250 persons are in CITY OF VIRGINIA BEACH / Amendment to Sections 400 and 401 of the CZO Agenda Item 14 Page 1 attendance at any time are allowable under other provisions of the City Zoning Ordinance or Special Events Ordinance (City Code Sections 4-1 et seq.) Subsection (d) sets forth regulations for the sale of agricultural and agricultural -related products. The regulations, other than the increase in permitted size set forth in subsection (a), are substantially unchanged, except that the maximum height of an establishment is increased from ten to twelve feet, as measured from ground level to the eaves, and a few additional items that may be sold are added. Subsection (e) contains the definitions of various terms. Except for the definition of "agricultural -related product," which is undefined in the Virginia Code, the definitions are taken from the Virginia Code's definitions of the terms, with minor additions for purposes of clarification. RECOMMENDATION The proposed amendments will bring the City Zoning Ordinance into compliance with recent State Code changes pertaining to the sale of agricultural products and agritourism. These amendments are endorsed by the Agricultural Advisory Commission and are recommended for approval. CITY OF VIRGINIA BEACH / Amendment to Sections 400 and 401 of the CZO Agenda Item 14 Page 2 1 AN ORDINANCE TO AMEND SECTIONS 400 AND 401 OF 2 THE CITY ZONING ORDINANCE, PERTAINING TO THE 3 PURPOSE OF THE AGRICULTURAL DISTRICTS, 4 PERMITTED USES IN THE DISTRICTS, AGRITOURISM 5 ACTIVITIES AND SALES OF AGRICULTURAL PRODUCTS 6 AND AGRICULTURAL -RELATED PRODUCTS AND TO 7 REPEAL SECTION 241 OF THE CITY ZONING 8 ORDINANCE, PERTAINING TO RIDING ACADEMIES AND 9 HORSES FOR HIRE OR BOARDING 10 11 Sections Amended: City Zoning Ordinance Sections 400 and 12 401 13 14 Section Repealed: City Zoning Ordinance Section 241 15 16 17 WHEREAS, the agricultural industry is one of the City of Virginia Beach's most 18 important economic activities, having an estimated economic impact of more than $119 19 Million Dollars in 2013; and 20 21 WHEREAS, local farms provide important products and services to the local 22 community, including fresh produce, meat, dairy products, eggs, and other agricultural 23 products; and 24 25 WHEREAS, farms also help to preserve open spaces, create employment, 26 reduce urban sprawl and maintain an agricultural land base, all of which contribute to 27 the health, well-being and sustainability of the City's economy; and 28 29 WHEREAS, agritourism helps to conserve farms by providing additional farm 30 income to local farmers, offsetting market fluctuations, building a stronger customer 31 base, and educating consumers about agriculture and local agricultural products; and 32 33 WHEREAS, agritourism and direct sales of farm products to the public provides 34 an opportunity for residents and visitors to enjoy fresh food, agricultural -themed 35 recreational, educational and entertainment activities, and the rural atmosphere of the 36 City's agricultural areas; and 37 38 WHEREAS, it is the desire of the City Council to encourage direct sales of farm 39 products and agritourism activities on agricultural operations while protecting against 40 substantial impacts to the public health, safety and general welfare, such as excessive 41 traffic, noise, erosion of the rural character of the City's agricultural areas and other 42 potential adverse land -use impacts; and 43 WHEREAS, the public necessity, convenience, general welfare and good zoning 44 practice so require; 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 47 OF VIRGINIA BEACH, VIRGINIA: 48 49 That Sections 400 and 401 of the City Zoning Ordinance, pertaining to the 50 purpose of the Agricultural Districts and permitted uses in Agricultural Districts, are 51 hereby amended and reordained, and Section 241 of the City Zoning Ordinance, 52 pertaining to horses for hire or boarding, is hereby repealed, to read as follows: 53 54 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 55 TO ALL DISTRICTS 56 57 .... 58 59 C. CONDITIONAL USES AND STRUCTURES 60 61 62 63 64 65 66 67 68 69 70 71 72 73 The amendment repeals this section. The uses are now included as principal uses in the 74 Agricultural Districts with the same restrictions set forth in the repealed section. 75 76 77 78 [Reserved] horses for hire or boarding, not more than three (3) riding animals shall be kept for each • • animals arc kept or assembled in concentrated groups, shall be at least one hundred .. COMMENT 2 79 ARTICLE 4. AGRICULTURAL DISTRICTS 80 81 Sec. 400. Legislative intent. 82 83 The purpose of the AG -1 and AG -2 Agricultural Districts is to protect and 84 preserve agricultural lands for agricultural functions, including agritourism and the direct 85 sale of agricultural and agricultural -related products to the public, and to protect and 86 preserve agricultural lands and activities in the rural areas of the city in harmony with 87 reasonable levels of rural residential development and in keeping with the special rural 88 character, environmental protection needs and limited rural infrastructure available. 89 90 COMMENT 91 92 The amendment adds a specific mention of agritourism to the recital of the purposes of the 93 Agricultural Zoning Districts. 94 95 Section 401. Use Regulations [Agricultural Districts]. 96 97 (a) Principal and conditional uses. The following chart lists those uses 98 permitted within the AG -1 and AG -2 Agricultural Districts. Those uses and structures in 99 the respective agricultural districts shall be permitted as either principal uses indicated 100 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 101 "X" shall be prohibited in the respective districts. No uses or structures other than as 102 specified shall be permitted. 103 Use AG- 1 AG - 2 Agricultural, aquacultural and horticultural operations, including P P uses orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and swine and the keeping of bees 3 104 Use AG- 1 AG - 2 Agricultural product sales, and sales of agricultural -related products, at P P buildings or structures no larger than 3,500 square feet in area, exclusive of rest rooms and hand-washinq facilities, subject to the provisions of subsection (d) Agricultural product sales, and sales of agricultural -related products at C C buildings or structures larger than 3,500 square feet in area, exclusive of rest rooms and hand-washinq facilities, subject to the provisions of subsection (d) Agritourism activities meeting the requirements of subsection (c) P P Aqritourism activities other than those meeting the requirements of P P subsection (c) and held no more than three (3) times per year, subject to the issuance of a Special Events Permit pursuant to City Code Section 4-1 Agritourism activities other than those meeting the requirements of C C subsection (c) and held more than three (3) times per year Animal hospitals, pounds, shelters, commercial and residential kennels C C Antennas, building -mounted P P Antique shops, except as provided below X X Antique shops within buildings listed on the Virginia Beach Historical Register C C Assembly uses C C Borrow pit C C Building -mounted antennas, subject to the requirements of Section 207 P P Cemetery, columbarium, crematory and mausoleum C C 4 105 106 107 Use AG- 1 AG - 2 Child care education centers in connection with public or private elementary schools or religious uses P P Child care education centers, day nurseries, other than those permitted as principal uses and structures, when not operated by a public agency C C Communication towers meeting the requirements of Section 232(j) P P Communication towers, except as specified above C C Country inns C C Drive-in theaters C C Dwelling, single-family addition P P Dwellings, duplex X X Dwellings, single-family, except as specified in section 405(a) P P Dwellings, single-family, in accordance with section 405(a) C C Dwelling units, not to exceed one (1), located within livestock barns, to be occupied only by farm employees or persons related to the owner of the property by blood, marriage, adoption or approved foster care P P Family care homes, foster homes or group homes C C ' • - - ' ' - - - - - - - • G G - - - - - , - - - - - - , - - - - - of Sections 101(b)(1)(ii) through '01(b)(1)(v) provisions Farm wineries, subject to the provisions of section 209.1 P P 5 108 109 110 111 112 113 114 115 116 117 118 119 120 Use AG- 1 AG - 2 Riding academies and horses for hire or boarding, including incidental sales GP — GP — of tack, riding apparel and similar items used in the principal activity, limited to one hundred fifty (150) square feet of floor area within an existing barn used in conjunction with the principal activity; provided that not more than three (3) riding animals shall be kept for each acre of land within the site and that all buildings housing animals, and all corrals in which animals are kept or assembled in concentrated groups, shall be at least one hundred (100) feet from any property line. (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited tot (1) In connection with agricultural uses, no more than one (1) roadside set forth below, provided that: (i) No such stand shall have a total floor area in excess of two thousand, five hundred (2,500) square feet, excluding rest 121 (ii) No stand shall be erected within fifty (50) feet of the property 122 123 {iii) The operator of the stand must be the owner or operator of 124 the agricultural property on which the stand is located; 125 {iv) A substantial portion of the items sold from the stand shall 126 have been grown, made or produced locally; 127 128 129 130 131 132 (v) Items sold shall be limited to farm produce, locally hafvested 222 C crafted items, T shirts displaying exclusively the name of the farm stand or other identifying information concerning the honey, maple syrup, jams, jellies, bottled water, locally 6 I 133 134 135 136 137 138 139 140 produced juices and cider, locally produced milk and other dairy products, relishes, pottery, locally produced baked goods, locally produced eggs, and similar items. Items which shall not be sold include, without limitation, tobacco allowed, bottled or canned beverages, except as expressly allowed, pct and animal feed,. and repackaged relabeled goods. 141 (2) An accessory activity operated for profit in a residential dwelling 142 unit where (i) there is no change in the outside appearance of the 143 building or premises or any visible or audible evidence detectable 144 from outside the building lot, either permanently or intermittently, of 145 the conduct of such business except for one (1) nonilluminated 146 identification sign not more than one (1) square foot in area 147 mounted flat against the residence; (ii) no traffic is generated, 148 including traffic by commercial delivery vehicles, by such activity in 149 greater volumes than would normally be expected in the 150 neighborhood, and any need for parking generated by the conduct 151 of such activity is met off the street and other than in a required 152 front yard; (iii) the activity is conducted on the premises which is the 153 bona fide residence of the principal practitioner, and no person 154 other than members of the immediate family occupying such 155 dwelling units is employed in the activity; (iv) such activity is 156 conducted only in the principal structure on the lot; (v) there are no 157 sales to the general public of products or merchandise from the 158 home, except for agricultural products, or agricultural -related 159 products, incidental to an agricultural operation on which the 160 dwelling unit is located; and (vi) the activity is specifically designed 161 or conducted to permit no more than one (1) patron, customer, or 162 pupil to be present on the premises at any one time. 163 Notwithstanding the provisions of clauses (ii) and (vi) hereof, 164 ministers, marriage commissioners and other persons authorized 165 by law to perform the rites of marriage may permit a maximum of 166 eight (8) persons on the premises at any one time in connection 167 with the performance of such rites, provided that all other 168 requirements of subdivision (b)(2) are met. The following are 169 specifically prohibited as accessory activities: Convalescent or 170 nursing homes, tourist homes, massage or tattoo parlors, body 7 171 172 173 174 175 176 177 178 179 180 181 182 piercing establishments, radio or television repair shops, auto repair shops, or similar establishments. (c) Agritourism activities. Agriculturally related educational activities and activities Agritourism activities at which no more than two hundred fifty (250) persons, exclusive of residents of the property and employees at the activity, are in attendance at any one time shall be allowed as principal uses under the following conditions; provided, however, that activities involving the planting or harvesting of agricultural products shall not be subject to any limitation of the number of persons in attendance: 183 (1) Such activities, including all vehicular parking, shall be conducted in 184 conjunction with, an ongoing bona fide held on the property of an 185 active agricultural or silvicultural operation, where such agricultural 186 operation is the principal use of the property; 187 (2) Vehicular parking shall not be allowed on any public streets, or 188 within one hundred (100) feet of any residence, except a residence 189 located on the site of the activity_ There shall be a designated 190 vehicular parking area of sufficient area to accommodate the 191 anticipated number of motor vehicles on the site at such events; 192 193 (3) Such activities shall be conducted carried on only between the hours of 7:00 a.m. and sunset; and 194 (4) Signs shall be nonilluminated and limited to one sign not exceeding 195 sixteen (16) square feet in area; 196 (5) No outdoor amplified music shall be permitted within five hundred 197 (500) feet of any residence, except a residence located on the site 198 of the activity, and no such music shall be permitted at any time 199 before 10:00 a.m. 200 In the event any provision of this subsection conflicts or is otherwise inconsistent 201 with any other provision of this ordinance, the provisions of this subsection shall control; 202 provided, however, that no use otherwise permitted hereunder which constitutes, or 203 requires the excavation of, a borrow pit, as defined in section 111, shall be allowed 204 except by conditional use permit. 8 205 (d) Sales of agricultural products and agricultural -related products. The sale 206 of agricultural products or agriculture -related products, other than as allowed by 207 subsection (b), shall be subject to the following restrictions: 208 (1) Such sales shall be conducted upon, and as an integral part of, an 209 active agricultural operation owned or operated by the same 210 person or entity conducting such sales; and 211 (2) No farm stand or other building or structure in which merchandise is 212 offered for sale to the general public shall be: (i) greater than twelve 213 (12) feet in height, as measured from ground level to eaves, (ii) 214 located within fifty (50) feet of the property line abutting any street, 215 or (iii) open for business except between 7 a.m. and 8 p.m. 216 (e) Definitions. The following terms shall be defined as set forth herein: 217 (1) "Agricultural operation" means any operation devoted to the bona 218 fide production of crops, animals, or fowl, including the production 219 of fruits and vegetables of all kinds, meat, dairy, and poultry 220 products, nuts, tobacco, nursery, and floral products; and the 221 production and harvest of products from silvicultural or aquacultural 222 activity, but does not include the processing of agricultural products 223 or the above -ground application of sewage sludge. 224 (2) "Agricultural product" means any produce, livestock, poultry, 225 aquacultural, horticultural, floricultural, viticultural, silvicultural, or 226 other farm crops. 227 (3) "Agricultural -related product" means any product that is produced 228 as an incident of an agricultural operation. The term includes 229 honey, maple syrup, jams, jellies, preserves, relishes, juices, cider, 230 milk, ice cream and other dairy products, peanut butter, cheese, 231 eggs, breads and other baked goods, fresh seafood, poultry and 232 other meats, ornamental plants, flowers, pottery, hanging baskets, 233 wood carvings, potholders and other hand-crafted items having an 234 agricultural theme, and similar items. In addition, bottled water, 235 soda and items of apparel displaying exclusively the name of the 236 farm stand or other identifying information concerning the owner or 237 operator of the farm stand shall be allowed, provided that the 238 display of such apparel shall not exceed ten per cent (10%) of the 239 floor area of the establishment, 9 240 (4) "Agritourism activity" means any activity carried out on a farm or 241 ranch that allows members of the general public, for recreational, 242 entertainment, or educational purposes, to view or enjoy rural 243 activities, including farming, wineries, ranching, historical, cultural, 244 harvest -your -own activities, equestrian events, or natural activities 245 and attractions. 246 An activity shall not be deemed an agritourism activity solely by 247 reason of its taking place on a farm or ranch. "Agritourism activity" 248 does not include the following types of activity, among others not 249 specifically listed, but such activities may be allowed with a 250 conditional use permit for outdoor recreation or amusement or as a 251 special event as defined in section 4-1 of the City Code: (i) activities 252 involving motor vehicle competitions or other activities involving the 253 use of motor vehicles, other than farm vehicles; or (ii) the rental of a 254 farm or ranch, or portion thereof, for events such as weddings, 255 wedding receptions, parties, retreats, and other activities on a 256 regular basis, unless such events themselves consist primarily of 257 participation in an agritourism activity. 258 (5) "Farm" or "ranch" means one or more areas of land used for the 259 production, cultivation, growing, harvesting or processing of 260 agricultural products, the or raising or keeping of livestock. 261 262 COMMENT 263 264 The amendments to subsection (a) replace the provisions formerly in Section (401)(b), 265 pertaining to farm stands, with regulations pertaining to the sale of agricultural and agricultural - 266 related products at active agricultural operations. The area that such sales may occupy as a 267 principal use, exclusive of rest rooms and hand -washing facilities, is increased from 2,500 square 268 feet to 3.500 square feet. Larger areas are allowed as a conditional use. In addition, riding 269 academies and horse boarding are changed from conditional to principal uses and a very limited 270 amount of sales of items incidental to the principal activity, such as bridles, riding apparel, etc., are 271 allowed in conjunction with the use. 272 273 The amendments to subsection (b) eliminate subdivision (1) and revise the remainder of the 274 subsection to allow a limited amount of sales of agricultural products and agricultural -related 275 products from dwellings located on agricultural operations. 276 277 The amendments to subsection (c) establish a category of uses, entitled "agritourism 278 activities," and allow such activities at which no more than 250 persons are in attendance at any 10 279 one time, as a principal (by -right) use. An exception to the numerical limit for activities involving 280 the planting or harvesting of agricultural products is provided. The amendments also address 281 requirements for vehicular parking, hours of operation and amplified music. Agritourism activities 282 at which more than 250 persons are in attendance at any time are allowable under other provisions 283 of the City Zoning Ordinance or Special Events Ordinance (City Code Sections 4-1 et seq.) 284 285 Subsection (d) sets forth regulations for the sale of agricultural and agricultural -related 286 products. The regulations, other than the increase in permitted size set forth in subsection (a), are 287 substantially unchanged, except that the maximum height of an establishment is increased from ten 288 to twelve feet, as measured from ground level to the eaves, and a few additional items that may be 289 sold are added. 290 291 Subsection (e) contains the definitions of various terms. Except for the definition of 292 "agricultural -related product," which is undefined in the Virginia Code, the definitions are taken 293 from the Virginia Code's definitions of the terms, with minor additions for purposes of 294 clarification. 295 296 Adopted by the Council of the City of Virginia Beach, Virginia, on the 297 day of , 2014 APPROVED AS TO CONTENT: CA -12899 R-5 May 20, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 11 Item #14 City of Virginia Beach (Section 400 & 401) An Ordinance to Amend Sections 400 and 401 of the City Zoning Ordinance, Pertaining to the Purpose of the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and Agricultural -Related Products, and to Repeal Section 241 of the City Zoning Ordinance, Pertaining to Riding Academies and Horses for Hire or Boarding May 14, 2014 CONSENT The City of Virginia Beach has long recognized farm stands and agritourism as vital to the preservation of the local agricultural community. Farm stands and agritourism provide additional farm income for local farmers; help educate consumers about agriculture and local farm products; and allow residents and visitors to enjoy fresh, locally produced food, and agricultural -themed recreational, educational and entertainment activities. Over the years, the City has adopted regulations pertaining to farm stands and agritourism that have worked well for Virginia Beach. The proposed amendments are a result of recent State Code changes that will become effective on July 1, 2014. Staff has worked with the Agricultural Advisory Commission and the agricultural community to propose adjustments to existing Virginia Beach regulations that will bring the City into compliance with the State mandates. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 14. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 14 for consent. City Attorney Bill Macali appeared before the Commission. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH (OR FBC Height Map) - An Ordinance to Amend the Oceanfront Resort District Height Map by Changing the Height Zone of Properties Located at 1609 and 1701 Atlantic Avenue. MEETING DATE: June 17, 2014 • Background: This amendment is necessary to correct an unintended error that has been found on the Form -Based Code Height Map. When the Oceanfront Resort District Form -Based Code was adopted on July 10, 2012, the majority of the Oceanfront Resort (OR) District between Atlantic Avenue and the Boardwalk was shown with a maximum allowable height of 200 feet (subject to Section 203(b) of the City Zoning Ordinance). The only exceptions depicted on the Height Map were the publically owned spaces, which are designated as "Open Space or Public Use." These areas consist of the connector parks and other public open spaces, where the Height Map shows, in effect, an allowable height of zero. • Considerations: While evaluating a recent proposed development, staff became aware that two parcels of privately held property (on the south side and north side of 17th Street between Atlantic Avenue and the Boardwalk) are shown as 'Open Space or Public Use,' and thus, are allowed a maximum height of zero feet. Restricting the maximum allowable height of private property to zero feet is not appropriate; therefore, this amendment corrects the Height Map such that the two properties have the equivalent height opportunity as the other privately owned properties between Atlantic Avenue and the Boardwalk. The amendment has no effect on maximum height in any other portion of the OR District. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this amendment to the City Council. • Attachments: Staff Report Ordinance CITY OF VIRGINIA BEACH — OR DISTRICT FORM -BASED CODE HEIGHT MAP Page 2of2 Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmentVji`/ \4-• - 6*Pt City Manager: 15 May 14, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ORD FORM -BASED CODE HEIGHT MAP REQUEST: An Ordinance to Amend the Oceanfront Resort District Height Map by Changing the Height Zone of Properties Located at 1609 and 1701 Atlantic Avenue. • • SUMMARY OF AMENDMENT This amendment is necessary to correct an unintended error that has been found on the Form -Based Code Height Map. When the Oceanfront Resort District Form -Based Code was adopted on July 10, 2012, the majority of the Oceanfront Resort (OR) District between Atlantic Avenue and the Boardwalk was shown with a maximum allowable height of 200 feet (subject to Section 203(b) of the City Zoning Ordinance). The only exceptions depicted on the Height Map were the publically owned spaces, which are designated as "Open Space or Public Use." These areas consist of the connector parks and other public open spaces, where the Height Map shows, in effect, an allowable height of zero. While evaluating a recent proposed development, staff became aware that two parcels of privately held property (on the south side and north side of 17th Street between Atlantic Avenue and the Boardwalk) are shown as 'Open Space or Public Use,' and thus, are allowed a maximum height of zero feet. Restricting the maximum allowable height of private property to zero feet is not appropriate; therefore, this amendment corrects the Height Map such that the two properties have the equivalent height opportunity as the other privately owned properties between Atlantic Avenue and the Boardwalk. The amendment has no effect on maximum height in any other portion of the OR District. RECOMMENDATION The proposed amendment to the Height Map corrects a significant error, and thus, staff recommends approval. CITY OF VIRGINIA BEACH / Amendment to ORD Height Map Agenda Item 15 Page 1 Subject Parcels as currently depicted on Height Map ("Open Space or Public Use") CITY OF VIRGINIA BEACH / Amendment to ORD Height Map Agenda Item 15 Page 2 Oceanfront Resort District Height Map Legend Height 1. Open Space or Public Use • 35' 45' IN 7` • 0' Z -4 so, los 19th St. .•4 • to N ? 01 To tltn st. fo e, ,--ii'--4\ -4.*'''z- itst •.:tsitr. II yp ," tt .x 0 SUBJECT rTA6a PARCELS .,��hrlll�Z/ '.,'y iItAIM s�a'411:iaiiwinu1 -471-17717177 1 urpilael :,, 12 miontary.>IN Vey.wei..w-r...• nap *OW 4,4•1 nr, mat pa deual face. .�..a rue...m.• m eow.. ew wr e..e.u.� a a....tcoa.... *sad lawayeas wra.srO. no.s✓n.:oro• -.nw.rr trw..mxiw HEIGHT MAP AS AMENDED CITY OF VIRGINIA BEACH / Amendment to ORD Height Map Agenda Item 15 Page 3 1 AN ORDINANCE TO AMEND THE OCEANFRONT 2 RESORT DISTRICT HEIGHT MAP BY CHANGING THE 3 HEIGHT ZONE OF PROPERTIES LOCATED AT 1609 AND 4 1701 ATLANTIC AVENUE 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That the Oceanfront Resort District Height Map is hereby amended by changing 10 the Height Zone designation of those certain parcels located at 1701 Atlantic Avenue 11 (GPIN 24271792910000) and 1609 Atlantic Avenue (GPIN 24272700650000) from the 12 Height Zone designated as "Public and Open Space" to the Height Zone designated as 13 "200 Feet", as shown on the map marked "Oceanfront Resort District Height Map, July 14 10, 2012, REVISED June 3, 2014", which map was exhibited to the City Council this 15 date and is on file in the Department of Planning. 16 COMMENT 17 The ordinance increases the maximum height of structures located at the referenced parcels 18 to two hundred (200) feet, as shown on the Oceanfront Resort District Height Map. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 21 of 22 , 2014. APPROVED AS TI CoNTENT: I LUMP/MI In Planning DOI artment V CA -12985 R-1 April 3, 2014 APPROVED AS TO LEGAL SUFFICJ'ENCY: db101 City Attorney's Office • Item #15 City of Virginia Beach (OR FBC Height Map) An Ordinance to Amend the Oceanfront Resort District Height Map by Changing the Height Zone of Properties Located at 1609 and 1701 Atlantic Avenue May 14, 2014 CONSENT This amendment is necessary to correct an unintended error that has been found on the Form -Based Code Height Map. When the Oceanfront Resort District Form -Based Code was adopted on July 10, 2012, the majority of the Oceanfront Resort (OR) District between Atlantic Avenue and the Boardwalk was shown with a maximum allowable height of 200 feet (subject to Section 203(b) of the City Zoning Ordinance). The only exceptions depicted on the Height Map were the publically owned spaces, which are designated as "Open Space or Public Use." These areas consist of the connector parks and other public open spaces, where the Height Map shows, in effect, an allowable height of zero. While evaluating a recent proposed development, staff became aware that two parcels of privately held property (on the south side and north side of 17th Street between Atlantic Avenue and the Boardwalk) are shown as 'Open Space or Public Use,' and thus, are allowed a maximum height of zero feet. Restricting the maximum allowable height of private property to zero feet is not appropriate; therefore, this amendment corrects the Height Map such that the two properties have the equivalent height opportunity as the other privately owned properties between Atlantic Avenue and the Boardwalk. The amendment has no effect on maximum height in any other portion of the OR District. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 15. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 15 for consent. City Attorney Bill Macali appeared before the Commission. Sfy�eeky� ro 'o i� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Applications of the City of Virginia Beach for the closure of: 1) a Portion of the Former Oakmears Crescent Right -of -Way, Now Part of Princess Anne Road (Relocated), Containing 2,219 Sq. Ft., and 2) a Portion of the Unimproved Right -of -Way Known as Oakmears Crescent (Relocated), Containing 54,378 Sq. Ft. MEETING DATE: June 17, 2014 • Background: The City of Virginia Beach (the "Applicant" or "City") requests closure of: 1) a 2,129 sq. ft. (0.049 acre) portion of the remainder of the former Oakmears Crescent right-of-way, now a part of Princess Anne Road (relocated). When the former Oakmears Crescent was added to the new Princess Anne Road (relocated), a portion of the old road was not needed. Therefore, the request is to close and abandon this small portion of right-of-way so it may be added to the adjacent parcel, known as Lot 56, Kempsville Office Park, owned by the City. 2) a 54,378 sq. ft. (1.248 acre) portion of unimproved property originally acquired by the City as a part of the Princess Anne Road / Kempsville Road Intersection Improvements Project (the "Project") to become Oakmears Crescent (relocated). When the City acquired the adjacent parcel, construction of Oakmears Crescent (relocated) was no longer necessary and was dropped from the Road Project. On April 10, 2012, City Council approved the Applicant's request to close the above two (2) parcels by Ordinances ORD -3226K and ORD -3226N, with conditions to be met by April 9, 2013. On March 26, 2013, City Council approved extending the time to meet the conditions until April 9, 2014, by Ordinances ORD -3267G and ORD -3267H. Due to an oversight, the time to meet conditions expired before a second extension request was submitted and the Applicant has re -submitted street closure applications for the two (2) parcels referenced above. • Considerations: The Viewers have determined that there is no current need for either of the 2 areas for right-of-way, and that no public inconvenience will result from the closures. Furthermore, combining the 2 closed areas with the adjacent property will result in a more marketable development site with improved configuration. City of Virginia Beach Oakmears Crescent Street Closure Page 2 of 2 There was no opposition to the request for this street closure. The Viewers and staff, therefore, have no objection to either of the 2 closures, and recommend approval with the conditions below. • Recommendations: On June 11, 2014, the Planning Commission passed a motion by a recorded vote of 9-0 recommending approval of the 2 requests to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas of the former Oakmears Crescent containing 2,129 sq. ft. (0.049 Acre) and the (unimproved) Oakmears Crescent (relocated) containing 54,378 sq. ft. (1.248 acres), into the adjacent parcels now owned by the City. The new parcel to be established will contain approximately 10 acres of property. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within either of the 2 right-of-way areas proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the 2 rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the 2 rights-of-way, this approval shall be considered null and void. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Maps Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department )i -- City Manager. KEMP$VILLE \lav 11.1 City of Virginia Beach KEMPSVILLE 'la D-8 �toinu Citi of Virginia Beach RIO ( 2 GPIN: Adjacent to 14666865540000 Sweet Closure - Princess Anne Reed (under Consuuedon) 7&8 June 11, 2014 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White REQUESTS: 7. Discontinuance, closure and abandonment of an unimproved portion of right-of-way known as Oakmears Crescent (relocated). 8. Discontinuance, closure and abandonment of a portion of right-of-way formerly known as Oakmears Crescent but currently part of the Princess Anne Road (relocated) right-of-way. ELECTION DISTRICT: SITE SIZE: AICUZ: KEMPSVILLE (7) 1.248 acres Less than 65 dB DNL (8) 0.049 acres Note: Both of these rights-of-way were approved for closure by the City Council on April 10, 2012; however, the subdivision plat was not recorded with the Clerk of the Circuit Court prior to the expiration date of the approval. Accordingly, the requests for closing these rights-of-way must be heard again by the Planning Commission and the City Council, and the City Council must approve each prior to the plat being recorded. 4 SUMMARY OF REQUEST The applicant requests closure of the right-of-way designated as Oakmears Crescent on Instrument Numbers 20091019001219670 and 20091015001210060 and platted for the purpose of providing access to the parcels that previously had access from the former Oakmears Crescent. The former Oakmears Crescent is now part of the right-of-way for the relocated Princess Anne Road. To ensure that the new CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 7 & 8 Page 1 intersection of Princess Anne Road/Kempsville Road/S. Witchduck Road operates at its highest efficiency, both the Historic Kempsville Area Master Plan and the design for the Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement Project included approaches to the intersection that eliminated points of access to adjacent parcels. The elimination of those access points, and thus, the interruptions caused by vehicles entering and exiting adjacent parcels, will ensure a smooth flow of traffic. Obligated, however, to ensure those parcels still have access, the Master Plan and the Intersection Improvement Project provided a rear access roadway, which is the Oakmears Crescent right- of-way that is one of the two street closure requests summarized in this report. Since the adoption of the Historic Kempsville Area Master Plan and the design of the Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvement Project, the City of Virginia Beach acquired all of the property that would have used Oakmears Crescent for access. Those properties were acquired over a number of years either through the Intersection Improvement Project or by negotiation and voluntary sale of the parcels to the City. Since that access is no longer necessary, the closure of the right-of-way is requested. The right-of-way will be added to the land area of the Southwest Quadrant of Historic Kempsville, which includes the area west of Kempsville Road, north of Fox Run Canal, east of Lord Dunmore Drive, and south of the relocated Princess Anne Road. The second right-of-way requested for closure consists of a 0.049 acre crescent of right-of-way that remains from what was the cul-de-sac bulb of the former Oakmears Crescent. When the Oakmears Crescent right-of-way was added into the new right-of-way for the relocated Princess Anne Road, the portion of the cul-de-sac was left over. The request, therefore, is to close and abandon this small area of right-of-way so that it may be added to the adjacent parcel. IMPACT ON CITY SERVICES SEWER, WATER, AND PRIVATE UTILITIES: There is no impact as a result of these closures EVALUATION AND RECOMMENDATION The Viewers appointed by the City Council determined that there is no current need for either of these right-of-way areas and no public inconvenience will result from their closure. The Viewers and staff, therefore, have no objection to the closures, and recommend approval with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The applicant shall resubdivide the properties and vacate internal lot lines to accomplish the following: a. Incorporate the closed area of Oakmears Crescent into the adjoining parcels that the CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 7 & 8 Page 2 right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to final street closure approval. b. Incorporate the closed area of the former Oakmears Crescent as depicted on the submitted "Street Closure Exhibit of 2,129 sq. ft. (0.049 AC.) of Princess Anne Road Adjacent to Lot 56, Kempsville Office Park" into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 7 & 8 Page 3 AERIALS OF AREAS PROPOSED FOR CLOSURE CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 7 & 8 Page 4 Nit VIRGINIA BEACH FINANCIAL C€NTER, INC. 1466-48-3659 (D8. 9343, P. 1457) (u.B. 74. P. Sr, (4.8. 32. P. 50) PROPOSFD R/W L1h4' I500991901 POO BAffYL1a QT (ra97 Y1 97C -C) 0243; 2CiQ9°254Gl.E9:CT:: 4X7.31918 /VW LIVE XQ 41' W20 1.4/{IIO T JJ 4. (48. 91.0 161 (66 7744, 9. 976I /r ,51 39' P(etraw. 0442.424 14314819 (9 .9 19248 P. MIX 1 ` � i 94 or1h Y.90P044 8 CII l.. .SEAJL1 44 !241 tN1 1007 7909191900:7166118 PROPOSED S?71W CLOSURE (94,178 SO. P7, 7.248 .4C) 444 Wm 999994ENT 64244900 1609449? (64+1 P,Q94I)140,2,4ans 11 N /F ,►LIMY V, ROSE 1466-88-3709 I0,.6. 4479, P, 1217)) (441, 111, 1. 2') OAKMEARS INVESTORS, LLC 1496-68-6554 (0 9. 4881. P. :601) (me. 170, P. 42) N 1 m SEE SWEET 2 OF 2 FOR m Ch A.4410441. NOTES ANO y ruP r 24T2/pA911 aUq:sy yN� 6R, g � t •�1 o A O 40 Kce 4-0 °Fit 41 Str G5 1 K' '4t.°Fit 1a 9 fl tits 2, -954; Ray - THE SCHOOL BOARD OF far v `�J O THE CITY OF VIRGINIA BEACH 800 1466-79-1334 La dICG9e Mr.19K1we Land 5,.!I'el' 9 ` ,.l F,9,ree^,W 0k$e co,., 757 431.1041 ti] 4b14 lea 911 a Mor Nitf(r MT (D8. (38, P. 499) NB 242. P. 40) N/T KEMPSVILLE OFFICE PARK 1466-60-6515 (4.81 2403061100891344) (e9S1 2003661,009986)) Jf:! 0,4 3. , 4. 47c‘44' 74N, al)L ,` 7:IpC 4/1. STREET CLOSURE EXHIBIT SWEET 8 OF 2 OF 54,378 SQ. FT. (1.248 AC.) of OAXMEARS CRESCENT ADJACENT TO LOT 51, UMPSVILLE OFFICE PARI (M.R. 170, P. 42), FAIRFIEID. SECTION FIVE OCR. 87, P. 18), property' of VICENfE N. RONO, SJR. Ory CTA N. R OFFICEO B. 148, P. :12), PARCEL 1, RBS'THBRE . D Pan (94.13. 114. T'. 211 and plat of 1111PS LANDING SCHOOL (11.B. 242, P. 40) PUTS RECORDED I1 THE CLER'Rorrice OF CIN IA THE EACHCOURT OF THE CITE VIRGINIA OF VIRGINIA REACH. '91RGI9IA VFor VFIGNIA BEACH ECONOMIC DEVELOPMENTVARY, 2012 SCALE: I" = 100' 10 CAD/chic: TNF/els VIRGINIA BEACH, VIRGINIA IF PG. 'PLAT: IJM:'311 - (2448 STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 7 & t? Page 5 N 582907" E 1.75' 15' 014086E L44L)4 4T (Y0 114. P 21) 001 4,442I1t6I p 072MN0 vA 4''0169 (100959LT AK.) (0.9. 000) P. 321) N 77'16,2"W 49.31' / •/ JIIIINO, ■, RCN 1 ey;ee (p,l, 2471, P, 1:17) .}` •`` • (YT" 111, P, 11) 1 V ♦ ! 10' 4t l.L, V F1 X +•10209 f (FOWL, 0710561,0440 4 17010417010416P.010 IFU#n3 0 COMMIX 00 9111504.4)\. 1 (0.0. 1960. P 440) $' Nom (46001 M.8 114, P. 21) /1' _`0 1' SEE SNEET 2 00 2 )OR ADDIIONAL N01LS AND CURVE DATA/TABLE O ' 1/601891 01 009414004 4'4 POW (0094080 92901) (0.8. 7186. P. 2074) / 10 00141040I 94511461 E21) 21) /' (u.Y. 114.,E / 9/( ?y OAKMEARS INVESTORS, LLC �, +,1466-68-6'254 (0.8. 4081, P ,601 YAF ,No,, ,LWORARv (Y B. 170. P. 42) 00841814(1149 80004ENi R LOCAIow ,09 OW 6209 0114531219670) 014APP609401wo0 0` G 01' y4 PQ419 (606441.81.4 vEKa) LOT 56 (9.14 2054. P, 684) KEMPSVILLE OFFICE PARK / "�4rir 1.p/ / /r rtiSANC R/W UNE / / '4. +966_.11�,... 4 40 \ \ PfOOPOSED 9/19 LINE , - 5�k0/ \ \ 5 14`79090 GT" YEM20N $ORNEfn 101081[ 1) - 0 ‘00:0)4.C;;;5!)1")6481416 (09. ,960, I 011001 4 0881100 41 10' / / 5' 004109'0 k µ8O l OF 04.04091114 9VK114 (h0(9891 1414(1. (f 964T6t,T 10) / / (y,( 104, P. 71) 03 1964, P 178) `/ / 7 -1 - M ArtOW W y�F t f•n 0 QP rr Al VON PER4,41161 �.MI 10�1 1030012 ,9670) PROPOSED STREET" CLOSURE (2,129 S0. FT, 0.049 AC.) Oa \ry$• o 2xa� o y o CO Z. N T 4 db. to. 10' 8814'81617 8T" ' ▪ M NMA Q999*1It! 8VCI (OL 1704 P. 372) 94 10' (401.445 (8549090 (Y./. 114, P. 21) / KEMPSVILLE OFFICE PARK (4 CONDOMINIUM) 1464-68-85'12 (1021 200306110089664) 061S1 200306110089893) PLAT THE STREET CLOSURE EXHIBIT OF 2,129 SQ. FT. (0.049 AC.) PRINCESS OF ROAD ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK RECORDED IN M.D. 170, P. 42 IN THE CLERKS OFFICE OF CIRCUIT COURT OF HE CITY OF BEACH. yIROINIA VIRGINIAR VIRGINIA .2 SHEET 1 OF 2 =rectum For mnd 7274311041 VIRGNA BEACH ECONOMIC DEVELOPMENT yFit«an 10 FEBRUARY, 2012 mar., yR 1NgFODDt19U41t SCALE: 1' = 60' ]18:11):-2;414 t3 CAD/chk: TMF/el9 VIRGINIA BEACH, VIRGINIA I F.B. PG. I PLAT: k1. \Gerieral Survey\211-0348 PA & Witchduck Development\Drawings 211-034 _ST�QSf=1, STREET CLOSURE EXHIBIT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 7 & 8 Page 6 4 i 4 N ) )) 1 ) 4 1 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list If necessary) G f't`j Of V117.41,410110$66-1- z 2. 117.41,41A 4G'N- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list If necessary) E] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete thls section only If property owner Is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners. etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) n Check here If the property owner Is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 1 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 4 If yes, what is the name of the official or employee and the nature of their interest? 4 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 7 & 8 Page 7 z 0 E=4 a c)0 Er v DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES Liet all known contractors or businesses that have or will provide Services with respect to the requested property use, including but not limited to the Provi era of architectural Services, reel estate services, financial services, accounting so es, and legal services: (Attach list if necessary) 'Parent -subsidiary relationship" means ' relationship that exists when one corporation directly or Indirectly owns shares possessing more then 50 percent of the voting power of another corporation.' See State end Local Government Conflict of Interests Act, Ve. Coda § 2..2.3101, "Affiliated business entity relationship' means 'a relationship, other then parent - subsidiary relationship, that exists when (0 one business entity hes a controlling ownership Interest In the other busing., entity, 01) e controlling owner In one entity is oleo a controlling owner In the other entity, or (iii) there is shared management or control between the business entitles, Factors that should be =moldered In determining the existence of en affiliated business entity relationship Include that the same person or substantially the seme person own or menage the two entitles; there ere common or commingled funds or assets; the business entitle, share the use of the same offices or employees or otherwlee share activities, resources or personnel on a regular basis; or there is otherwise a close working relallonehip between the entities.' See Stets and Local Government Conflict of Interests Act, Ve, Code § 2.2-3101, CERTIFICATION: I certify that the information contained herein is true and accurate. understand that, upon receipt of notification (postcard) that the application has been scheduled for Public hearing, I am responslbla for obtaining and posting the required sign on the subject property et 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 end view the site for purposes of processing and evaluating this eppliatlon. Applicant's gnsture s e Property Owner's Signature (11 different than ,pelican') /241“.1rn N Print Nameeflotin 4 triArldkb%K, Print Name Uwe Mows Apprubon n. DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH OAKMEARS CRESCENT STREET CLOSURES Agenda Items 7 & 8 Page 8 Items #7 and #8 City of Virginia Beach Street Closures Portions of Oakmears Crescent District 2 Kempsville June 11, 2014 CONSENT Item 7. An Application of the City of Virginia Beach for the closure of an unimproved portion of right-of-way known as Oakmears Crescent (relocated). Item 8. An application of the City of Virginia Beach for the closure a portion of right-of-way formerly known as Oakmears Crescent but which is now part of the Princess Anne Road right-of-way. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The applicant shall resubdivide the properties and vacate internal lot lines to accomplish the following: a. Incorporate the closed area of Oakmears Crescent into the adjoining parcels that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to final street closure approval. b. Incorporate the closed area of the former Oakmears Crescent as depicted on the submitted "Street Closure Exhibit of 2,129 sq. ft. (0.049 AC.) of Princess Anne Road Adjacent to Lot 56, Kempsville Office Park" into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE Items #7 and #8 City of Virginia Beach Page 2 By a vote of 11-0, the Commission approved Items 7 and 8 for consent. Stephen White appeared before the Commission on behalf of the applicant. 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 54,378 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 KNOWN AS OAKMEARS CRESCENT 6 (RELOCATED) 7 8 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of 10 unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of 13 unimproved right-of-way be discontinued, closed, and vacated, subject to certain 14 conditions having been met on or before one (1) year from City Council's adoption of 15 this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 18 Virginia Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of right-of-way be discontinued, 23 closed and vacated, subject to certain conditions being met on or before one (1) year 24 from City Council's adoption of this ordinance: 25 26 All that certain piece or parcel of land situate, lying and being 27 in the City of Virginia Beach, Virginia, designated and 28 described as "PROPOSED STREET CLOSURE (54,378 29 SQ. FT., 1.248 AC.)" shown as the cross -hatched area on 30 that certain plat entitled: "STREET CLOSURE EXHIBIT OF 31 54,378 SQ. FT. (1.248 AC.) OF OAKMEARS CRESCENT 32 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK (M.B. 33 170, P. 42), FAIRFIELD, SECTION FIVE (M.B. 87. P. 16) 34 PROPERTY OF VINCENTE N. RONO, JR. & CONCHETA 35 N. RONO (M.B. 146, P. 32), PARCEL 1, RESTMERE (M.B. 36 32. P. 50), LOT 7, KEMPSVILLE OFFICE PARK (M.B. 114, 37 P. 21) AND PLAT OF KEMPS LANDING SCHOOL (M.B. 38 242, P. 40) PLATS RECORDED IN THE CLERK'S OFFICE 39 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA 40 BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA FOR 41 42 GPIN: Right-of-way / no GPIN assigned 43 Adjacent to GPINs 1466-68-6554, 1466-68-2683, 44 1466-68-3419, 1466-68-3411, and 1466-68-4219 1 45 VIRGINIA BEACH ECONOMIC DEVELOPMENT" Scale 1" = 46 100', dated February 10, 2012, prepared by wpl Landscape 47 Architecture Land Surveying Civil Engineering, a copy of 48 which is attached hereto as Exhibit A. 49 50 SECTION II 51 52 The following conditions must be met on or before one (1) year from City 53 Council's adoption of this ordinance: 54 55 1. The City Attorney's Office will make the final determination regarding 56 ownership of the underlying fee. The purchase price to be paid to the City is normally 57 determined according to the "Policy Regarding Purchase of City's Interest in Streets 58 Pursuant to Street Closures," approved by City Council. Copies of the policy are 59 available in the Planning Department. No purchase price shall be charged in this street 60 closure, however, because the City is both the owner of the underlying fee and the 61 applicant seeking this street closure. 62 63 2. The Applicant shall resubdivide the property and vacate internal lot lines to 64 incorporate the closed area of the unimproved right-of-way now known as Oakmears 65 Crescent (relocated) containing 54,378 sq. ft. (1.248 Acre), into the adjacent parcels 66 owned by the City. The new parcel to be established will contain approximately 10 acres 67 of property. The plat must be submitted and approved for recordation prior to final 68 street closure approval. 69 70 3. The Applicant shall verify that no private utilities exist within the right -of - 71 way area proposed for closure. If private utilities do exist, easements satisfactory to the 72 utility company must be provided. 73 74 4. Closure of the right-of-way shall be contingent upon compliance with the 75 above stated conditions within 365 days of approval by City Council. If the conditions 76 noted above are not accomplished and the final plat is not approved within one year of 77 the City Council vote to close the right-of-way, this approval shall be considered null and 78 void. 79 80 SECTION III 81 82 1. If the preceding conditions are not fulfilled on or before June 16, 2015, 83 this Ordinance will be deemed null and void without further action by the City Council. 84 85 2. If all conditions are met on or before June 16, 2015, the date of final 86 closure is the date the street closure ordinance is recorded by the City Attorney. 87 88 3. The City Manager or his designee is authorized to execute whatever 89 documents, if any, that may be necessary to meet the conditions, provided said 90 documents are approved by the City Attorney's Office. 2 91 SECTION IV 92 93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 94 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 95 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." 96 97 98 day of , 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12962 APPROVED AS TO CONTENT \\vbgov.com\DFS 1 Applications\CityLawProd\cycom32\W pdocs\DO28\P014\00012539.DOC R-1 June 6,2014 3 EXHIBIT A to - VIRGINIA BEACH FINANCIAL CENTER, INC, — 1469-6B-es4 (C.E_ 4243. P. :457) (c&B, 79, P. 53) N.B. 32, P. 511) 1.0s°pr -.. ,0 TRAVIS M. i"OX_ L) Lie. Nva. 287+80 or 15' F:& LE i Of r Gia_•vx.F3E*". VC 7:G1 DinZ10,1;-2S 7C-40) 2C111.2$17..Meag LAE 50' Cr+M'E: ENE$ Ns $7, ;779, F. 8761 1 +,pus ..0;:,Ar ori u- ",,C EASNENT 110141141;741 v+ p;'*15a5. (Fi+tatlJ1 7T '+,'7C..). I 157, F. 5,4,) Sfr PKPrn 1. 0Fourxa 5Yftia -, ?C.@ 132!:. P. 595) !fix tia , .+R #013 r Trlr'OPARY Lw C�N..I J its! EASELLEN7 (NS7 20.111019; '13146'0) CSEDSTR CLOSURE 04,378 SO. FT„ 1.2418 AC) 0.2.400.a. EASELEKr y' 11 ST 73091011?:71:1 5 ;, ! l 1..D0 fug try ;[a7.' • 22.9 JIMMY V. ROSE 1466-68-5709 (0.9. 2479, P. [217) (w.B. i", P. 21) N/F OAKMEARS INVESTORS, LLC 1466-58-6754 -8, 4+n[, P. Thiol) 17G, P. 42) t 2} 1 I P n%U 1 Y4�. EUEt�V3 fliS7 51 O 55 ,37u;) Gs N,IF THE SCHOOL BOARD THE CITY OF VIRE NIA B a4 6-7 -1.350 (0.9. 038, P. 499) NB 242. P. 40) Lan9scaae kthllechrre�� L ono 5 l.y C ii1 Engir+!ennq 757.431.1C.4 rptsiGr.corn 21? *SVC Tit ZE 3 VIt71+. I£.01 4432 4 In 107"E• 11( OF ? ; EACH 43.) SEL SHEET 2 C'F 2 'FOR ADD,110t441 `r^.TES AND CuRTVE 0u4TA' A5J FVF KE' PSVILLE OFFICE PARK 1466 E8 851S (I: 2003 t 1 008g B54) (26T 2005 110089863) OF - y A CAD/chk: 113F/els STREET CLOSURE EKEI'.BIT SHEET T OF 2 OF 54,378 SQ. FT. (1.248 AC.) of OAK EARS CRESCENT kDMCENT TO LOT 56. EEMPSVILLE OFFICE PARE {3.{_H. 170. P. 42), FAIRFIELD, SECTION FIVE (M.D. 87. P, 10). propertrp of VICENTE N. RON4, JR. le CONufiE'1'A wN�.TT RONO 1440. E'. Z2), Pam 1. REST BRE {LB_ 32, P. 50), WT 7, SVIILE OFFICii PARE (Y.1i. 114. P. 21) t,4d plat of SSI1tPS LANDING SCHOOL (M•E1. 242, P. 40) PLATE REC0RDE1a IN TNF CLERK'SIOFFICE OF ATHBEACHOt OF TIiEICIW OF v1Fcltila SEAM '1,11•VC11A For VEIGHA BEACH ECONOMIC DEVELOPMENT SCALE: I" 100' 10 FEBRUARY, 2012 - ii VIRGINIA F.B. PG. PLAT: ISN 2 t I -0:14 F; VIRGINIA BEACH. 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 2,129 SQ. FT. PORTION OF 4 THE FORMER OAKMEARS CRESCENT 5 RIGHT-OF-WAY, NOW PART OF PRINCESS 6 ANNE ROAD (RELOCATED) 7 8 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of 10 improved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right -of - 13 way be discontinued, closed, and vacated, subject to certain conditions having been 14 met on or before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of right-of-way be discontinued, 22 closed and vacated, subject to certain conditions being met on or before one (1) year 23 from City Council's adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, Tying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "PROPOSED STREET CLOSURE (2,129 SQ. 28 FT., 0.049 AC.)" shown as the cross -hatched area on that 29 certain plat entitled: "STREET CLOSURE EXHIBIT OF 30 2,129 SQ. FT. (0.049 AC.) OF PRINCESS ANNE ROAD 31 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK 32 PLAT RECORDED IN M.B. 170, P. 42 IN THE CLERK'S 33 OFFICE OF THE CIRCUIT COURT OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA 35 FOR VIRGINIA BEACH ECONOMIC DEVELOPMENT" 36 Scale 1" = 60', dated February 10, 2012, prepared by wpl 37 Landscape Architecture Land Surveying Civil Engineering, a 38 copy of which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 GPIN: Right-of-way / no GPIN assigned 46 Adjacent to GPIN 1466-68-6554 1 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City is normally 49 determined according to the "Policy Regarding Purchase of City's Interest in Streets 50 Pursuant to Street Closures," approved by City Council. Copies of the policy are 51 available in the Planning Department. No purchase price shall be charged in this street 52 closure, however, because the City is both the owner of the underlying fee and the 53 applicant seeking this street closure. 54 55 2. The Applicant shall resubdivide the property and vacate internal lot lines to 56 incorporate the closed area of the former Oakmears Crescent, containing 2,129 sq. ft. 57 (0.049 Acre), into the adjacent parcel owned by the City. The new parcel to be 58 established will contain approximately 10 acres of property. The plat must be submitted 59 and approved for recordation prior to final street closure approval. 60 61 3. The Applicant shall verify that no private utilities exist within the right -of - 62 way areas proposed for closure. If private utilities do exist, easements satisfactory to the 63 utility company must be provided. 64 65 4. Closure of the right-of-way shall be contingent upon compliance with the 66 above stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved within one year of 68 the City Council vote to close the 2 rights-of-way, this approval shall be considered null 69 and void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before June 16, 2015, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before June 16, 2015, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. The City Manager or his designee is authorized to execute whatever 80 documents, if any, that may be necessary to meet the conditions, provided said 81 documents are approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 87 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." 88 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this 90 day of , 2014. 2 APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT City Attorney Planning D CA12961 \tvbgov.com\DFS I \Applications\CityLawProd\cycom32\Wpdocs\D028\P014\00012538.DOC R-1 June 6, 2014 3 i1/l\��, artment T EXHIBIT A N 56'2907' E 1.75' 15' DRAINAGE EASEMENT (M.B. 114, P. 21) 10' EASEMENT OF DOMINION VA POWER (FORMERLY VEPC0) (0.6. 1706. P. 321) N 171652"Wf� 49.31' / / / N/F •/ JIMMY V. ROSE 1466-68-5709 11 •• :y`, (0.8. 2479, P. 1217) ` (M.B. 114, P. 21) N \ \\ 8' EASEMENT OF DOMINION / VA POWER (FORMERLY VEPCo) (0.0. 2186, P. 2034) / 20' DRAINAGE EASEMENT • • • (M.B. 114, P. 21) • •T / N/F OAKMEARS INVESTORS, LLC 1466-68-6554 (0.8. 4081, P. 1601) (M.6. 170, P. 42) VAR WIDTH TEMPORARY CONSTRUCTION EASEMENT APPROX LOCATION OF 10' (INST 20091019001219670) EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo) L O f 56 (0.8. 2059, P. 564) KEMPSVILLE OFF/CE PARK / /L� \ EX/STING R/W LINE t \ \ PROPOSED R/W LINE APPROX LOCATION OF 10' EASEMENT OF DOMINION VA / I- J POWER (FORMERLY VEPCo) / / (0.8. 1964, P. 578) "'`/ / I I N 4210'00' W 24.54' / / I / `i C1 / / / \\ >5' EASEMENT F ZON (FORMERLY CHESAPEAKE & POTOMAC L MAC TELEPHONE —� COMPANY OF VIRGINIA (D.B. 1960, P. 448) / I •5 N/F KEMPSVILLE OFFICE PARK (A CONDOMINIUM) 1466-68-8515 (INST 200306110089864) (INST 200306110089863) 5' DRAINAGE & UTILITY EASEMENT N.B. 114, P. 21) 6, i 2j943- ▪ .YTi 10' EASEMENT ▪ OF DOMINION VA POWER (FORMERLY VEPCo)(D.B. 1706. P. 32.3) & 10' DRAINAGE EASEMENT (M.B. 114, P. 21) Landscape Architecture Land Surveying Civil Engineering 7 wpisite.com 57.431.1041 242 M SDNG TPA STE 8 Vela BEACH YA 23452 CAD/chk: TMF/els SCALE: 1" VIRGINIA SEE SHEET 2 OF 2 FOR ADDITIONAL NOTES AND CURVE DATA/TABLE 10' EASEMENT OF VERIZON (FORMERLY CHESAPEAKE & POTOMAC TELEPHONE COMPANY OF VIRGINIA) (D.B. 1960, P. 448) 5' UTILITY EASEMENT (M.0. 114, P. 21) U VAR WIDTH PERMANENT DRAINAGE EASEMENT (INST 20091019001219670) PROPOSED S7REET CLOSURE (2,129 S0. FT., 0.049 AC) Q 0 • e �+ 3 N h y rr U 2 Z 14▪ . STREET CLOSURE EXHIBIT SHEET 1 OF 2 OF 2,129 Sq. FT. (0.049 AC.) PRINCESS OANNE GOAD ADJACENTF. T OFFICE PARK LOT 56, KEMPSViiJ. PLAT THE CIRCUIT COD RT OF THE CITY IN M.B. 170, P. 4OF2 I OFN THE CLERK'S OFFICE VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA For VIRGINIA BEACH ECONOMIC DEVELOPMENT 60' 10 FEBRUARY, 2012 BEACH, VIRGINIA I F.B. PG. I PLAT: I JN: 211-0346 W:\General Survey\211-0348 PA & Witchduck DeveTopment\Drawings\211-0348_STCLOSE c K. APPOINTMENTS DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COG WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6/17/14 st ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT Economic Development Office Suite 700 4525 Main Street (Corner of Columbus & Main Streets) Town Center CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 2014 CITY HOLIDAYS Independence Dai - Friday, July 4 Labor Day - iblondav, Septeruher l 1 'c'terans Day - Tuesday, ;\'ovemher 11 i/sunksriving Day and Dap after T hanksgn'in,t; — Thursdav, November 27 and Friday, :November 28 Christmas Eve (half-dav) - Wednesday, December 24 Christmas Day - 77rursday, December 25