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Home My WebLink AboutAUGUST 19, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WIl.L1AM D. tiL'SSOMS, JR , A!-I.arge 177('ls MAYOR LOUIS K. JONIiS, Bayside - Dutricr a ROBf:RT M. DYh.'R, Cenlerville - District l BAXBAKA M. HF.'NLliY, Yrmcess Anne District 7 SH.9NNON Dti KANIi, Rose Hall District 3 BIZAD MAKTIN, P.E., At l.urge JOHN D. MOSti, At Large AMGl.lA ROSti-HAMMOND, Kempsv!lle - District 2 JOHN l UN2lN, Beach District 6 R0.1/iMAXYWILSON, AI-Lnrge JAMES L. WOC)D, I.vnnhaven -DislrGCl 5 CITY COUNCIL APPOINTEES C177MANAGB'R .IAMKSK. SPOXF. Cl'l'YA77'ORN6'Y MA1tKD. STIIIiS C17Y AS;SF,SSOIZ Jl;ltAl.D D. BAN.9GAN C77YAUD/70R LYNDONS.1ZIsMfAS CIl'YCLF.'XK RU771 HODCiES!%RASF_'R, MMC CITY COUNCIL AGENDA 19 AUGUST 2014 CITYflALL BU/LD1NG 2401 couRrHOUSE DRIVE V/RGIN/A BEACH, VIRG/N/A 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Crycncl@vbgov.com 1. CITY COUNCIL COMMENTS - Conference Room - 5:00 PM IL CITY COUNCIL AGENDA REVIEW IIL INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL 5:30 PM C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: George Chandler Virginia Beach Police Chaplain C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CIT'Y COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION LINITED WAY Carol McCormack 1. PUBLIC HEARING l. ACQUISITION BY AGREEMENT or CONDEMNATION Pacific Avenue Improvements Phase I J. ORDINANCES August 5, 2014 1. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements for the Pacitic Avenue Improvements Phase I 2. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $170,500 to the Police Federal and State Seized Assets Special Revenue Fund re police equipment and canines and a DONATION of tourniquets from the Virginia Beach Police Foundation b. $55,000 from the Virginia Department of Criminal Justice Services via the Bedford County Sheriff's Office to the Police Department re internet erimes against children c. $7,974 from the Virginia Department of Criminal Justice Services re the Virginia Beaeh Victim Witness Program d. $150,000 to Communications and Information Technology re the City's cable television franchise renewal process K. PLANNING 1. Application of LLOYD TYRONE HINES for an Expansion of a Nonconforming Use at 1209 Edison Road PRINCESS ANNE - DISTRICT 7 RECOMMENDATION APPROVAL 2. Application of MARY MEYER for a Conditional Use Permit for a home-based wildlife rehabilitation activity at 547 Susan Constant Drive (Deferred July 8 and August 5, 2014) DISTRICT 5 - LYNNHAVEN STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION APPROVAL DENIAL 3. Application of ONE SHOT TATTOO for a Conditional Use Permit re a tattoo parlor at 1764 Independence Boulevard BAYSIDE - DISTRICT 4 RECOMMENDATION APPROVAL 4. Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Use Permit re a Vocational School at 1300 Diamond Springs Road BAYSIDE - DISTRICT 4 RECOMMENDATION APPROVAL Application of LILLEL FARMS, INC. for a Change of Zoninjz from PD-1-12 Planned Development [A-24] to P-1 Preservation to preserve open space at 2120 and 2150 Centerville Turnpike CENTERVILLE - DISTRICT 1 RECOMMENDATION APPROVAL 6. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zonin from AG-1 Agricultural to Conditional R-15 Residential re single family dwellings at 1864 Indian River Road (deferred by City Council on February 25, 2014) PRINCESS ANNE - DISTRICT 7 RECOMMENDATION INDEFINITE DEFERRAL 7. Application of PRINCESSBORO DEVELOPMENT for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road re a retail landscape and garden nursery PRINCESS ANNE - DISTRICT 7 RECOMMENDATION APPLICANT REQUESTS DEFERRAL 8. Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Change of; Zonin from B-2 Community Business to Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road (deferred by City Council on April 8, 2014) BAYSIDE - DISTRICT 4 RECOMMENDATION APPROVAL 9. Application of BREEDEN INVESTMENT PROPERTIES, INC. for a Conditional Change of Zonin from B-2 Community Business and R-SD Residential Duplex to A-36 Apartment re multifamily dwelling units at Dolton and Alicia Drives BAYSIDE - DISTRICT 4 RECOMMENDATION APPROVAL 10. Ordinance to AMEND the provisions of the Public Works Design Standards Manual: a. ADD Section 209.3 for Temporary Commercial Parking Lot Standards to conform with Sections 246, 1501, 5.3.7 and 6.2.6 of Appendix 1 of the City Zoning Ordinance (CZO) b. Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, 6.3 and 7.1 of the Subdivision Regulations (Appendix B) c. Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) RECOMMENDATION INDEFINITE DEFERRAL 11. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 211 re signage for schools RECOMMENDATION APPROVAL b. Sections 209.1 and 401 allowing farm breweries as a permitted use in Agricultural Zoning Districts and setting forth regulations RECOMMENDATION APPROVAL L. APPOINTMENTS CHESAPEAKE BAY PRESERATION AREA BOARD GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD M UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT *.***?**?***?****?*******?****** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****?****?***********?********* CITY COUNCIL RETREAT Econorriic Development Office Town Center Monday, September 8, 2019 8: 30 AM to S: 00 PM CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 9: 00-6: 00 PM 2014 CITYHOLIDAYS Lribor Dczy - Morrclal', Sepieni/aer Ve1er•aIZS Drq - TuescltrY-A'overrzber• !1 7'hcrnltsgic=irry Drrv rtntl l)at° ie,fter Tlrccrrlcsg1v%ity -- Thur.srlnY, 'Vavetazber• 27 utzrl F'rrcttry, A,"overrzber 28 C'hrristnicr,s L;ve (/rrrlf?-r?cr3?) - WetCreesdrrl', Uecerrrher 24 Clrri.s7nzct,s I)rxti' - Tdrzrrsrlrxl-, Decenrber ?" gw 08/19/2014 CITY COUNCIL COMMENTS - Conference Room - 5:00 PM II. CITY COUNCIL AGENDA REVIEW III. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: George Chandler Virginia Beach Police Chaplain C. PLEDGE OF ALLEGIANCE Z'O THE FLAG OF THL UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES l. INFORMAL and FORMAL SESSIONS August 5, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION UNITED WAY Carol McCormack L PUBLIC HEARING ACQUISITION BY AGREEMENT or CONDEMNATION Pacific Avenue Improvements Phase I .QG?'•:M-9LACr'`. C ? ..Y•. PUBLIC HEARING ACQUISITION, BY AGREEMENT OR CQNDEMNATION The Virginia Beach City Council wiil hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of temporary and permanent easements necessary for the Pacific Avenue Improvements Project - Phase I (CIP Nos. 2-045, 5-037 and E037), Tuesday, August 19, 2014, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building 42) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "PACIFIC AVENUE IMPROVEMENTS PHASE I" and are on file in the Public Works Department, Engineering Division, File Room. The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabied or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757•38511303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deafi. Any questions concerning this hearing shouid be directed to the Real Estate Office, Building H2. Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Aug. 10, 2014 24273671 J. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements for the Pacific Avenue Improvements Phase I 2. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $170,500 to the Police Federal and State Seized Assets Special Revenue Fund re police equipment and canines and a DONATION of tourniquets from the Virginia Beach Police Foundation b. $55,000 from the Virginia Department of Criminal Justice Services via the Bedford County Sheriff's Office to the Police Department re internet crimes against children $7,974 from the Virginia Department of Criminal Justice Services re the Virginia Beach Victim Witness Program d. $150,000 to Communications and Information Technology re the City's cable television franchise renewal process C° ?1, -=..... ? 4? . w. CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance authorizing the acquisition of temporary and permanent easements for the Pacific Avenue Improvements Phase I Project (CIP 2-045), either by agreement or condemnation MEETING DATE: August 19, 2014 ¦ Background: The City of Virginia Beach approved funding for the design and construction of the Pacific Avenue Improvements Phase I Project (CIP Nos. 2-045, 5- 037, and 6-037) (the "Project") in July 2013. The Project is completely funded with City funds. This Project supports the Central Beach District as identified in the Resort Area Strategic Action Plan adopted by City Council in December 2008 and is located within the City's Resort SGA. This Project will place underground the existing overhead utilities (power and communications); replace the existing public utilities (sewer, water, and storm); replace the gas lines; and provide new asphalt pavement, concrete curb and sidewalk, streetscapes, and new traffic signals at 19th Street. The Project limits are from 17tn Street to 22n`' Street. The existing 60-foot-wide right-of-way will be maintained. ¦ Considerations: Temporary and permanent easements are required from 18 parcels, of which 14 parcels are temporary easements and 4 parcels will have permanent easements to house utility boxes. No right-of-way will be acquired and total acquisitions are not expected. Authority is requested to acquire the necessary easements (both temporary and permanent) by agreement or condemnation. The Project will be scheduled for construction to occur in the off-season [October 15 - April 30], which will extend the duration of the project to three consecutive years, but will reduce business impacts during the tourist season. ¦ Public Information: A Citizen Information Meeting was held on January 15, 2014. Numerous meetings were also held subsequently with individual property owners. An advertisement of the public hearing was published in The Virginian-Pilot, Beacon. ¦ Alternatives: Approve the Ordinance as presented, or deny the request and risk delaying the Project. ¦ Recommendations: Approve the Ordinance. ¦ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering City Manager: V . KpAD 1 AN ORDINANCE AUTHORIZING THE ACQUISITION 2 OF TEMPORARY AND PERMANENT EASEMENTS 3 FOR THE PACIFIC AVENUE IMPROVEMENTS 4 PHASE I PROJECT (CIP 2-045), EITHER BY 5 AGREEMENT OR CONDEMNATION 6 7 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a s public necessity exists for this road improvement project, which will place underground the 9 existing overhead utilities (power and communications); replace the existing public utilities io (sewer, water, and storm); replace the gas lines; provide new asphalt pavement, concrete 11 curb and sidewalk, and streetscapes; and provide new traffic signals at 19th Street. This 12 road project will include delivery of utility service and wilt improve transportation in the City 13 and other related public purposes for the preservation of the safety, health, peace, good 14 order, comfort, convenience and the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: is 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et sec., Sections 33.1-91, et sec., and Title ai 25.1 of the Code of Virginia of 1950, as amended, of all those certain temporary and aa permanent easements (the "Easements"), as shown on the plans entitled "PACIFIC 23 AVENUE IMPROVEMENTS - PHASE I PROJECT CIP No. 2-045 CIP No. 5-037 CIP No. 24 6-037 PWCN-15-0009" (the "ProjecY") and more specifically described on the acquisition 25 plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans 26 being on file in the Engineering Division, Department of Public Works, City of Virginia 27 Beach, Virginia. as 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Easements. If refused, 32 the City Attorney is hereby authorized to institute proceedings to condemn said 33 Easements. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2014. CA12966 PREPARED: 7/14/14 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d026\p017\00138404.doc APPROVED AS TO CONTENT 6L LFPi-U LIC ORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY pND FORM CIT A RNEY ?l•?1??, ra?v?' • . ah.?. r ,o-,pc7 CITY OF VIRGINIA BEACH AGENDAITEM , ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized Assets Special Revenue Fund for Police Equipment and Canines and to Accept a Donation from the Virginia Beach Police Foundation MEETING DATE: August 19, 2014 ¦ Background: The Police Department requests the use of $170,500 from the fund balance of the Police State/Federal Seized Fund to purchase the following priority equipment that has not been funded through the operating budget. o Service weapons: replace 675 service weapons and add 25 new weapons ($62,500). The weapons to be replaced have been in use for approximately twelve years and are out of manufacturer warranty. The cost in labor and materials to maintain the old weapons is beginning to exceed the cost to replace them. Cost includes value of trade-in of current weapons. The new weapons will be inventory for future use as officers retire and are eligible to purchase their service weapon. o Tourniquet holders for police personnel ($30,000). This equipment will be given to all sworn personnel to allow the tourniquets to be carried while in uniform. The actual tourniquets are donated by the Virginia Beach Police Foundation. o Install security camera equipment in the Police Uniform and Supply facility (three external cameras) and increase the number of cameras at Police Headquarters (two internal cameras) ($15,000). o Replace three canines that are at or near the end of their service life ($23,000). Cost per dog is between $7,000 -$10,000. This amount is in addition to $7,000 in carryover funds from FY 2014-15. o Replace forty Kevlar helmets ($40,000), which are at or near the end of manufacturer warranty. ¦ Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. The Department of Justice requires these funds to be used for law enforcement purposes and cannot be used to supplant local funding. The Police Department will absorb the additional maintenance cost of the camera system out of its FY 2014-15 General Fund Operating Budget, estimated at $2,664. With regard to the donation, the Virginia Beach Police Foundation has donated tourniquets to allow one for each sworn officer. This is roughly 806 tourniquets, which will require a similar number of tourniquet holders. ¦ Public Information: Public information will be handled through the normal Council Agenda process. ¦ Recommendation: Adoption of the attached ordinance ¦ Attachment:Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manage • ? ? :?33? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL REVENUE FUND FOR POLICE EQUIPMENT AND CANINES AND TO ACCEPT A DONATION FROM THE VIRGINIA BEACH POLICE FOUNDATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. That $170,500 is hereby appropriated from the fund balance of the Police Federal/State Seized Assets Special Revenue Fund, with estimated revenue increased accordingly, to the FY 2014-15 Operating Budget of the Police Department to purchase various equipment and canines to further the Department's law enforcement mission. Such equipment includes service weapons, Kevlar helmets, tourniquet holders for Police personnel, and security camera equipment. 2. A donation of tourniquets from the Virginia Beach Police Foundation is hereby accepted. 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: .. ? r Budget an M nagement Services rne s Office CA13062 R-3 August 12, 2014 ,r ?n?n6Eqcy,. r ? Og ts >> t ?? >! CITY OF VIRGINIA BEACH AGENDAITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds to Enhance Efforts to Address Internet Crimes Against Children MEETING DATE: August 19, 2014 ¦ Background: The County of Bedford and more specifically, the Southern Virginia lnternet Crimes Against Children (ICAC) Task Force, has been awarded funding from the ICAC Fund, which is made available by the Department of Criminal Justice Services. The City of Virginia Beach Police Department (VBPD) has been approved as a sub-recipient for $55,000 of this funding. This grant will fund equipment needed for ICAC investigations, overtime for ICAC related travel, training or other approved events, and training needed to investigate ICAC cases. As the lead agency of District Two of the Southern Virginia lCAC Task Force, the VBPD will also be responsible to pass through payments to other affiliates within the district. The grant period is from July 1, 2014 through June 30, 2015. ¦ Considerations: There is no local match requirement for this grant. ¦ Public Information: Public information will be provided through the normal Council Agenda process. ¦ Recommendations: Adopt the attached ordinance. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department Caw City Manager: ? , ? 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS TO ENHANCE EFFORTS TO ADDRESS INTERNET CRIMES AGAINST CHILDREN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: $55,000 is hereby accepted from the Virginia Department of Criminal Justices Services via the Bedford County Sheriff's Office and appropriated, with estimated state revenues increased accordingly, to the FY 2014-15 Operating Budget of the Police Department to provide equipment, overtime pay, and specialized training and related travel to the Police Department, which will enhance efforts to address Internet crimes against children. 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: ? "a, Budget and Management Servic s APPROVED AS TO LEGAL SUFFICIENCY: CA13061 R-2 August 6, 2014 u CITY OF VIRGINIA BEACH . AGENDAITEM ? ITEM: An Ordinance to Accept and Appropriate Additional Grant Funds for the Victim Witness Program in the Office of the Commonwealth Attorney and to Reprogram City Funds MEETING DATE: August 19, 2014 ¦ Background: Since 1990, the City received a Victim Witness Assistance Grant from the Virginia Department of Criminal Justice Services (DCJS) for the Virginia Beach Victim Witness Program. The mission of the program is to provide information and assistance to victims and witnesses of crime in accordance with the Virginia Crime Victims and Witnesses Rights' Act. This grant provides funding for part of the salarylbenefits for three full time caseworkers, one part-time caseworker and three support staff positions (one Account Clerk II, one Clerk III and one Clerk II). The State awards this grant for two fiscal years, and it is included as part of the City's annual budget process. The amount included in the CWA's FY 2014-15 Operating Budget is $265,797; however the actual annual amount awarded for FY 2014-15 and FY 2015-16 is $273,771. Although the grant does not require a match, the City has provided funding annually to cover operating support costs and unfunded personnelffringe costs. The City's contribution for these costs in the FY 2014-15 Operating Budget is $48,645. ¦ Considerations: Because the amount of State funding changed, adjustments are required to the CWA's FY 2014-15 Operating Budget. State funding should increase by $7,974 from $265,797 to $273,771, and City funding should decrease by $7,974 from $48,645 to $40,671. The $7,974 in City funding will be returned to the General Fund Reserve for Contingencies, which has a balance of $1,065,613 as of July 30, 2015. ¦ Public Information: Public information will be provided through the normal Council Agenda process. ¦ Recommendations: Approval of Ordinance ¦ Attachment: Ordinance Submitting DepartmentlAgency: Office(oMe City Manage . ? 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR VICTIM WITNESS 3 PROGRAM IN THE OFFICE OF THE COMMONWEALTH'S 4 ATTORNEY AND TO REPROGRAM CITY FUNDS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 9 10 11 12 13 14 15 1. $7,974 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated, with estimated state revenues increased accordingly, to the FY 2014-15 Operating Budget of the Office of the Commonwealth's Attorney for the Virginia Beach Victim Witness Program; and 2. City funding of the Victim Witness Program in the amount of $7,974 is hereby transferred from the Office of the Commonwealth's Attorney to the General Fund Reserve for Contingencies. 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: ) ?. Budget and Management Services City ttorn ' Office CA13064 R-1 July 30, 2014 ....?-.,,? G?N1A-B?c r?e?,? ? •;o,x,,, CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance to Transfer Funds to Conduct the Cable Television Franchise Renewal Process MEETING DATE: August 19, 2014 ¦ Background: The City of Virginia Beach has two cable television providers, Cox Communications and Verizon Virginia. Each has requested to renew its franchise agreement, which expire in 2016. As part of the renewal process the City conducts both technical assessments and community needs assessments to ensure that the cable companies can and will meet current and future needs as identified by the community. This request is being made to enable the release of a Request for Proposal (RFP) to solicit the assistance of consulting resources to aid the City in conducting both assessments. The estimated $150,000 is based upon the last renewal process that the City used for the Cox renewal (Note: this is Verizon's first renewal). The City's objective of this request is to combine the Cox and Verizon processes into one consulting proposal to get a discount for the services which can include: a needs assessment, technical and financial audits, focus groups, surveys and public communication. ¦ Considerations: The franchises allow cable operators to utilize the City right-of- way to deliver services to customers in exchange for financial compensation and in-kind services. In FY13, over $7 million combined from the two operators was provided to the General Fund as well as $300,000 annually in grants specifically to fund the capital equipment required to operate the education and government cable channels (VBTV). In addition, the companies provide in-kind services such as cable drops in public facilities and fiber connections to facilitate the cablecasting of City Council and School Board meetings. Requirements of the cable operators covered in the franchise agreements also include: customer service standards (responsiveness), percentage of gross revenue, education and government channel provision (number of channels at no cost), areas of coverage, and others. ¦ Public Information: Public information will be handled through the normal City Council Agenda Process. ¦ Recommendation: Adopt the attached ordinance. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Departme Agency: Department of Communications and Information Technology ?`P? - City Manag : v ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDS TO CONDUCT THE CABLE TELEVISION FRANCHISE RENEWAL PROCESS WHEREAS, the City's ten-year agreements with its two cable television providers, Cox Communications and Verizon Virginia, will both expire in 2016; and WHEREAS, as part of the renewal process the City conducts both technical assessments and community needs assessments to ensure the companies will meet the needs of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $150,000 is hereby transferred from the FY 2014-15 General Fund Reserves for Contingencies to the Operating Budget of the Department of Communications and Information Technology to conduct the City's cable television franchise renewal process. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. APPROVED AS TO CONTENT Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit?A, y' ffi e CA13074 R-1 August 6, 2014 K. PLANNING 1. Application of LLOYD TYRONE HINES for an Expansion of a Nonconforming Use at 1209 Edison Road PRINCESS ANNE - DISTRICT 7 RECOMMENDATION APPROVAL 2. Application of MARY MEYEI2 for a Conditional Use Permit for a home-based wildlife rehabilitation activity at 547 Susan Constant Drive (Deferred July 8 and August 5, 2014) DISTRICT 5 - LYNNHAVEN STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION APPROVAL DENIAL 3. Application of ONE SHOT TATTOO for a Conditional Use Permit re a tattoo parlor at 1764 Independence Boulevard BAYSIDE - DISTRICT 4 RECOMMENDATION APPROVAL 4. Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Use Permit re a Vocational School at 1300 Diamond Springs Road BAYSIDE - DISTRICT 4 RECOMMENDATION APPROVAL 5. Application of LILLEL FARMS, INC. for a Change of Zoninp, from PD-1-12 Planned Development [A-24] to P-1 Preservation to preserve open space at 2120 and 2150 Centerville Turnpike CENTERVILLE - DISTRICT 1 RECOMMENDATION APPROVAL 6. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change oi: Zoning from AG-1 Agricultural to Conditional R-15 Residential re single family dwellings ar. 1864 Indian River Road (deferred by City Council on February 25, 2014) PRINCESS ANNE - DISTRICT 7 RECOMMENDATION INDEFINITE DEFERRAL 7. Application of PRINCESSBORO DEVELOPMENT for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road re a retail landscape and garden nursery PRINCESS ANNE - DISTRICT 7 RECOMMENDATION APPLICANT REQUESTS DEFERRAL 8. Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Change of Zonin from B-2 Community Business to Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road (deferred by City Council on April 8, 2014) BAYSIDE - DISTRICT 4 RECOMMENDATION APPROVAL 9. Application of BREEDEN INVESTMENT PROPERTIES, INC. for a Conditional Change of Zonin from B-2 Community Business and R-SD Residential Duplex to A-36 Apartment re multifamily dwelling units at Dolton and Alicia Drives BAYSIDE - DISTRICT 4 RECOMMENDATION APPROVAL 10. Ordinance to AMEND the provisions of the Public Works Design Standards Manual: a. ADD Section 209.3 for Temporary Commercial Parking Lot Standards to conform with Sections 246, 1501, 5.3.7 and 6.2.6 of Appendix 1 of the City Zoning Ordinance (CZO) b. Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, 6.3 and 7.1 of the Subdivision Regulations (Appendix B) c. Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) RECOMMENDATION INDEFINITE DEFERRAL ll. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 211 re signage for schools RECOMMENDATION APPROVAL b. Sections 209.1 and 401 allowing farm breweries as a permitted use in Agricultural Zoning Districts and setting forth regulations RECOMMENDATION APPROVAL 104??6iN BE,?'S 4 (u _» ? t ? Yl ZL`4t`?? ? NOTICE OF PUBLIC HFARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, Augus[ 19, 2014, at 6:00 P.M., at which time the following applications will be heard: PRINCESS ANNE - DISTRICT 7 Home Associates Of Virginia, Inc. Application: ('onditional Chanee of Zonine from AG1 Agricultural to Conditional R-15 Residential. Proposal for six (6) singlefamily dwellings (one (1) unit/acre). Comprehensive Plan - Transition Area (maximum density of one (1) unit/acre) at 1864 Indian River Road (GPIN 2413225595). (deferred by City Council on 2/25/14) Princessboro Development Application: ('nnditional Change of Zonine from AG2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road (GPIN 2414316172). Proposed Use - Retail Landscape and Garden Nursery. Comprehensive Plan - Transition Area. Lloyd Tyrone Hines Application: Expansion of a NonconformingUse at 1209 Edison Road (GPIN 2415422384). BAYSIDE - DISTFtICf 4 Northampton Executive Center, LLC Application: Cnndirional Ghanee of Zonin2 from &2 Community Business to Conditional A-36 Apartment Dis[rict. Comprehensive Plan - Burton Station SGA. Proposal is for 180 apartment units (30 du/ac) at 1300 Diamond Springs Road (GPINS 1469211894 and 1469116333 [portion of]). (deferred by City Council on 4/8/14) Breeden Inves[ment Properties, Inc. Application: Conditional Chanpe of Zoning from 8-2 Community Business and R-5D Residentiai Duplex to A36 Apartment at Dolton and Alicia Drives (GPINs 1477300528; 1477303901; 1477304994; 1477303707; 1477305877; 1477304767; 1477305756; 1477305643; 1477300528). Proposed Use - multifamily dwelling units. Comprehensive Plan - Pembroke Strategic Growth Area (Southern Corporate District). One Shot Tattoo Application: Conditional Use Permit (Tattoo Parlor) at 1764 Independence Boulevard(GPIN 1479240082). TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC Application: Conditional Use Permit (Vocational Schoop at 1300 Diamond Springs Road (GPIN 1469116333). CfTY OF VIRGINIA BEACH Ordinance to Add Section 209.3 for Temporary Commercial Parking Lot Standards, Conform Sections 246, and 1501 and Sections 5.3.7 and 62.6 of Appendix 1 of the City Zoning Ordinance to the Provisions of the Public Works Design Standards Manual. Ordinance to Conform Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 510, 6.1, 6.3 and 7.1 of the Subdivision Regulations (Appendix B) [o the Provisions of the Public Works Design Standards Manual. Ordinance to Conform Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance to the Provisions of the Public Works Design Standards Manual. Ordinance to Conform Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) to the Provisions of the Public Works Design Standards Manual. Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Allowed Signage for Schools. Ordinance to Amend Sections 209.1 and 401, Allowing Farm Breweries as a Permitted Use in Agricultural Zoning Districts and setting forth Regulations Pertaining to such use. All interested citizens are invited to attend Ruth Hodges Fraser, MMC Ciry Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at For Information call 3864621. If you are physlcalty disabled or vlsualty Impalred and need assis[ance at this meeting, please call the CITY CLERKS OFFlCE at 385-4303. Beacon August 3& 10, 2014 24161078 ? ? ? D? C .? 40- G O t? ? C LLI z z a ? ? W V z Fd (L O Z e 0 0 E E a d ? ? ?a e m 04 N ?e eG C ? 0 ? ? 0 ? ? 3 "c N '. ?a7 f-P > .er+ • •? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 1209 Edison Road (GPIN 24154223840000) and Owned by Lloyd Tyrone Hines. COUNCIL DISTRICT - PRINCESS ANNE. MEETING DATE: August 19, 2014 ¦ Background: The parcel is zoned AG-2 Agricultural, and contains two (2) single-family dwelling units, constructed in 1945, prior to the adoption of the Zoning Ordinance. Section 401 of the Zoning Ordinance allows only one single-family dwelling on a lot zoned AG-2 Agricultural. Thus, the existing use of the lot is nonconforming. The applicant desires to construct a detached garage on the site. Since the current use of the site is nonconforming, the construction of the garage constitutes an enlargement of a nonconforming use. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." ¦ Considerations: The two single-family dwellings on the lot are identical and consist of 990 square foot of floor area. Each is one-story with wooden siding and exposed crawl spaces. The submitted site plan depicts a small detached accessory structure located between the two dwellings. The applicant is requesting to add an 864 square foot garage. The exterior of the garage will consist of vinyl siding with a concrete masonry unit (CMU) block foundation. The submitted elevation drawings depict two overhead garage doors on the east side and a side door on the north side of the structure. During the evaluation of this request, it was determined that the subject lot does not connect to City water or sewer. One of the dwelling structures, which is vacant, has no well and no septic system. The second dwelling, which is Lloyd Tyrone Hines Page 2 of 3 occupied, has a well and septic system; however, its adequacy is not known. While this issue is not directly related to the proposed garage, staff finds that the adequacy and location of the system and well need to be evaluated and approved by the Health Department. Staff has recommended Condition 3 to address this issue. Additionally, Planning Department staff has requested that Housing Inspectors from the Department of Housing and Neighborhood Preservation investigate the condition of the unoccupied dwelling, particularly since it is not currently connected to a water or sewage disposal system. ¦ Recommendations: Staff concludes that the proposed enlargement of the existing nonconforming use of the property resulting from the construction of the proposed detached garage is reasonable and will be as appropriate to the zoning district and the surrounding area as is the existing nonconforming use. The request, therefore, is acceptable, subject to the conditions below. 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 site plan entitled "Variance Exhibit of Lot `B' as shown on Property of Russell Ward" dated April 18, 2014 and prepared by Digital Survey Services LLC and the elevation drawings contained in the application. 2. There shall be no commercial use of the garage. Use of the garage for the repair of motor vehicles and similar activities customarily associated with a single-family dwelling is permitted but shall not exceed the criteria established for a`Home Occupation,' as defined in Section 111 of the City Zoning Ordinance. 3. The on-site septic system shall be evaluated and approved by the Health Department. A letter of approval from the Health Department shall be provided to the Planning Director prior to a building permit being issued. ¦ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval Submitting Department/Agency: Planning Departme City Manage ? ? ? ? c .? w c 0 ? , c 0 2 W 2 Z Q N W V z i a t 0 .o E ? a. d u H? e m Oa ? e ? ? 0 ? ? 0 u t 3 e 'c N e.uccss euwE ?-? ? Llo d T rone Hines ;, . ?. i ? az' a?2 e2• ?,,,, AG2_ ?.? - 0 > dB Ldn .•.• acI ?,• .••• _ 7a 75 d .- ?,.• AG2 . .• .? ,? ,••°' ??* ,c?? '?,/? ' ?? A12__.? R6D 82 16 ,..u?. t R5D ? A18 [wWw.anco?mae.v?a?....4« sw?.r?wro? nomcon??..?w.y ..? August 19, 2014 City Council Hearing APPLICANT AND PROPERTY OWNER: LLOYD TYRONE HINES STAFF PLANNERS: Kevin Kemp / Graham Owen REQUEST: Enlarqement of a Nonconforminq Use ADDRESS / DESCRIPTION: 1209 Edison Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24154223840000 PRINCESS ANNE 33,338 square feet 70-75 dB DNL (0.77 acres) BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting an enlargement of a nonconforming use in order to build a detached garage to store personal vehicles and yard tools. The parcel is zoned AG-2 Agricultural, and contains two (2) single-family dwelling units, constructed in 1945, prior to the adoption of the Zoning Ordinance. Section 401 of the Zoning Ordinance allows only one single-family dwelling on a lot zoned AG Agricultural. Thus, the existing use of the lot is nonconforming. The construction of the proposed garage constitutes an enlargement of the current nonconforming use of the lot. With regard to an enlargement of a nonconforming use, Section 105(d) of the City Zoning Ordinance states the following: No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on LLOYD TYRONE HINES AUGUST 19, 2014 CITY COUNCIL HEARING Page 1 the effective date of this ordinance or amendment thereto, and no nonconforming structure shall be moved at all except to come into compliance with the terms of this ordinance. No nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an exception to the above anv condition of development prohibited bv this section mav be permitted bv resolution of the Citv Council based upon its findinq that the proposed condition is eauallv appropriate or more appropriate to the district than is the existinq nonconformitv. City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. The site is located on a 33,388 square foot parcel adjacent to property fronting General Booth Boulevard. The parcel has no frontage on a public street. Access to the lot is provided via a 20-foot wide private ingress-egress easement that connects to Edison Road. The northern lot line runs through a swale that carries stormwater runoff from General Booth Boulevard. A six-foot high solid fence located along the southern property line provides screening from the adjacent multifamily development. A number of mature oak and maple trees provide screening from the public right-of-way near the western property line. The two single-family dwellings on the lot are identical and consist of 990 square foot of floor area. Each is one-story with wooden siding and exposed crawl spaces. The submitted site plan depicts a small detached accessory structure located befinreen the two dwellings. The applicant is requesting to add an 864 square foot garage. The exterior of the garage will consist of vinyl siding with a concrete masonry unit (CMU) block foundation. The submitted elevation drawings depict two overhead garage doors on the east side and a side door on the north side of the structure. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Two single-family dwellings SURROUNDING LAND North: • Wooded lot / AG-2 Agricultural District USE AND ZONING: • Edison Road South: • Townhouses / A-12 Apartment District . Duplexes / R-5D Residential Duplex District East: . Wooded lot / AG-2 Agricultural District West: • Wooded lot / AG-2 Agricultural District • General Booth Boulevard NATURAL RESOURCE AND The site contains a drainage swale that carries stormwater runoff CULTURAL FEATURES: from General Booth Boulevard. The site is located within the Southern Watershed (Canal No. 1 South sub-watershed). There do not appear to be any cultural features on the site. 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 stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the LLOYD TYRONE HINES AUGUST 19, 2014 CITY COUNCIL HEARING Page 2 Suburban Area. Achieving these goals requires that all land use activities 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 WATER AND SEWER: This site is not connected to City water or sewer. The applicant has stated that the dwelling located in the western half of the lot (#1209 on the site plan) does not have well water or a septic tank system. The applicant has also stated that the dwelling located in the back of the lot (#1207 on the site plan) does have a septic tank and drainage field located between the house and the eastern property line. The exact location and adequacy of the septic system must be determined and approved by the Health Department in order to protect the integrity of the property's sewage disposal. EVALUATION AND RECOMMENDATION The applicant's request to add a detached garage to a site containing nonconforming residential uses is acceptable. Staff finds that the construction of the proposed garage would not increase the magnitude of the nonconformity, as the garage has a minimal effect on the degree of nonconformity currently existing on the site. The proposed garage meets all of the dimensional requirements for an accessory structure in the AG-2 Agricultural zoning district, including setbacks, area, and maximum height. During the evaluation of this request, it was determined that the subject lot does not connect to City water or sewer. As noted in the 'Water and Sewer' section of this report (above), one of the dwellings has no well and no septic system, and although the other dwelling has a well and septic system, its adequacy is not known. While this issue is not directly related to the proposed garage, staff finds that the adequacy and location of the system and well need to be evaluated and approved by the Health Department. Staff has recommended Condition 4 to address this issue. In sum, staff concludes that the proposed enlargement is reasonable, will have a minimal impact, and is as appropriate to the surrounding area as is the existing non-conforming use. Staff, therefore, 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 LLOYD TYRONE HINES AUGUST 19, 2014 CITY COUNCIL HEARING Page 3 site plan entitled "Variance Exhibit of Lot `B' as shown on Property of Russell Ward" dated April 18, 2014 and prepared by Digital Survey Services LLC and the elevation drawings contained in the application. 2. There shall be no commercial use of the garage. Use of the garage for the repair of motor vehicles and similar activities customarily associated with a single-family dwelling is permitted but shall not exceed the criteria established for a`Home Occupation,' as defined in Section 111 of the City Zoning Ordinance. 3. The on-site septic system shall be evaluated and approved by the Health Department. A letter of approval from the Health Department shall be provided to the Planning Director prior to a building permit being issued. 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 application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Ofifice within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LLOYD TYRONE HINES AUGUST 19, 2014 CITY COUNCIL HEARING Page 4 '..\ ?. ?.?. _ . `• j , . ._ . . , ., ?? ? ?I, ? ? Yl?'? ? ``?` . ?. ?;..?i.ir . > ? ;i??, ; AERIAL OF SITE LOCATION LLOYD TYRONE HINE AUGUST 19, 2014 CITY COUNCIL HEARIN F 5 ?.i OUR NAT?? ` :- ?s ?.y°.." ^ 4 F' P, GOOGLE STREET VIEW FROM GENERAL BOOTH BLVD A? LLUYD TYRONE HIN! AUGUST 19, 2014 CITY COUNCIL HEARIfN PagE ? e?. ? m. ? ? ? ,Q Lii m 2a? 0 ~? 3 O?J > ? 'U?F ? p Z W? ? ,NN Z ? "O. ?c? ? i W U. 19 f ? 20' PRIVATE(GPIN 2415-42-8627) Z EDISON ROAD ? tipN^ ?N I ? w c'! ,9L'9ZZ 3 ,14,f0.S9 S (ioid , r •rzzl > 7 3-9 OZ t2 ? . .._. ._ .. . _?-?. • ? 1? N ( l" c)?oC6 CD I W ?p?? J •- ?w N m ? n a ??? N - 70" B.S.L. a (213.4't Plat) a N aTn,)'m" w )t,) FF' 2 a ?zW 2=D?- Z??g r?^?ZZNN vOO2# f-Vad Q?N 2 SITE SURVEY SHOWING LOCATION OF PROPOSED GARAGE AUGUST 19, 2014 C H , s ' V `rvAl,(?DoT ? ?vqRrqeL 167 H BOCjLE ^ E WIprH R/W V?1RD ? R=4 57 nn• / , ? °OSED ::r_- Y. FR.- ?AGE PIN(F) 1ALL )MES VIINIUM -2-2> > s 290099626 N/F MARK IV INVEST GPIN 2415-42-: D.B. 2459, PG. s -- _ " ?0?. ? ?•,. t .;"... 36. 0' F ? o 28 ' N S?o ;. 56.6 ; ? ? .;; 1-S1Y #?209 ? i FRaME GARAGE z o 'Bl cn o N w GPIN 2415-42-2384 a-° D.B. 379, PG: 104 oS" `•? 33,338 S.F./0.763 AC. ,<., c `} w? ? N H- ? m ro p , ? ni o P ? 1-S1Y. N i - FRAME #1207 LOCATION OF PROPOSED GARAGE (ENLARGED VIEW) LLOYD TYRONE HINE AUGUST 19, 2014 CITY COUNCIL HEARIN, 87?-??^-'.,.?N? (> ?? ?w _ o ?P &A 2 Q ? W ...1 d w PROPOSED BUILDING ELEVATIONS $Eqc? L AUGUST 19, 2014 Cll 3YD TYRONE HIN COUNCIL HEARII Pag, } oF y.? OUR NA? -d PRINCESS ANNE ZONING HISTORY # DATE REQUEST ACTION 1 05/25/2010 Conditional Use Permit (Cellular Tele hone Antenna) A roved 2 07/13/2004 Conditional Use Permit (Church - Self Standin ) A roved 3 06/10/2003 Change of Zoning (AG-1 and AG-2 to Conditional B-2) Conditional Use Permit (Mini-warehouse) Approved 4 1/12/1999 Conditional Use Permit (Auto Repair Establishment- Minor Re airs Approved 5 09/09/1997 Conditional Use Permit (Parkin Lot Addition) A roved ZONING HISTORY ? t 5 AUGUST 19, 2014 CITY COUNCIL HEARINi Page 1 `Zoning with CondlfiomiPm//era, Qpen Space PromotJon Non-conforming Use ? ? I??t ? ? ? ? ? ? O?T !? ? O V ? O ? ? ? V DISCLOSURE STATEMENT 11 APPLICANT DISCLOSURE If ihe 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, paRners, etc. below: (Attach list if necessary) 2. List all busineases that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this section on/y if property owner is different from applicant. If the property owner is a corporation, partnership, firtn, business, or other unincorporated organization, complete the following: 1. List the property owner name foliowed 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 affiiiated buainess 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. 8 See next page for footnotes Does an officiai or employee of the ' of Virginia Beach have an interest in the subject land? Yes El No If yes, what is the name of the official or empioyee and the nature of their interest? Non-Con(orming Use ApPikation Pape 8 0/ 9 Revised 1111I2013 DISCLOSURE STATEMENT LLOYD TYRONE HINES AUGUST 19, 2014 CITY COUNCIL HEARING Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wiil provide services with respect to the requested property use, including but not limited to the providers of architectural services, reai estate services, financial services, accounting services, and legal services: (Attach list 'rf necessary) t? clc?-?' PC. -,t? '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of tha voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "AHiliated 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 offioes 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 Mat the iniortnation contained herein is Vue and accurate. I understand that, upon receipt of notification (postcard) that the application haa been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject propeRy 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 Dspartment of Planning to photograph and view the site for purposes of processing and evaluating this application. Z?/ ? 41?...? 4<ppiicanYs Signature Prinf Name c )4 m i Property Owner's Signature ('rf different than applicant) Print Name Non-Conforminp Use Applicatan Page 9 of 9 Revised 77172013 ? ? ?? ? ? ? ? ? ? O ? ? O V ? O ? 4 ? V DISCLOSURE STATEMENT LLOYD TYRONE HINES AUGUST 19, 2014 CITY COUNCIL HEARING Page 12 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 1209 EDISON ROAD 4 5 WHEREAS, Lloyd Tyrone Hines (hereinafter the "Applicant") has made 6 application to the City Council for authorization for the enlargement of a nonconforming 7 use located at 1209 Edison Road in the AG-2 Agricultural Zoning District by the addition 8 of a detached garage to a parcel containing finro (2) single-family dwellings; and 9 10 WHEREAS, two single-family dwellings are located on one parcel at 1209 Edison 11 Road, and two single-family dwellings on one parcel are not currently allowed in the AG- 12 2 Agricultural Zoning District; and 13 14 WHEREAS, the singte-family dwellings were built prior to the adoption of the 15 applicable zoning regulations and are therefore nonconforming; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 18 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 19 City Councit authorizing such action upon a finding that the proposed use, as enlarged, 20 will be equally appropriate or more appropriate to the zoning district than is the existing 21 use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed use, as enlarged, will be 27 equally appropriate to the district as is the existing nonconforming use under the 28 conditions of approval set forth hereinbelow. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the entargement of the nonconforming use is hereby authorized, upon the 34 following conditions: 35 36 1. With the exception of any modifications required by any of these 37 conditions or as a result of development site plan review, the site shall be 38 developed substantially in conformance with the site plan entitled 39 "Variance Exhibit of Lot `B' as shown on Property of Russell Ward" dated 40 April 18, 2014 and prepared by Digital Survey Services LLC and the 41 elevation drawings contained in the application. 42 2. There shall be no commercial use of the garage. Use of the garage for the 43 repair of motor vehicles and similar activities customarily associated with a 44 single-family dwelling is permitted but shall not exceed the criteria 45 established for a`Home Occupation,' as defined in Section 111 of the City 46 Zoning Ordinance. 47 48 3. The on-site septic system shall be evaluated and approved by the Health 49 Department. A letter of approval from the Health Department shall be 50 provided to the Planning Director prior to a building permit being issued 51 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: ? City Attorney's Office 2 -,,., . . R-2 August 11, 2014 ?. ?-- ? ? ?. `e, --- _ -5 o l y ? - - ?--1 - ??? ? b ,_= ?• ?- ? ? C3 ? ??? _ i._J__-? ? h ? - 4b ?,- ? DO ?--?- O . ? LA ? / ? . i, b ? i? ? 1- ? _ _ _- ? ? s G• • ? ? - o ?..r- ? - ? _? . ? Ch -n S; y ?p •-* -o r ? ? Q. c3 Cl -? j ? zs Z'. ? r? ? ? ? C ? cfl ? ? ? ??! ? trt ? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: MARY MEYER (Applicant & Owner), Conditional Use Permit for Home- Based Wildlife Rehabilitation. 547 Susan Constant Drive (GPIN 2419318651). COUNCIL DISTRICT - LYNNHAVEN. MEETING DATE: August 19, 2014 ¦ Background: The applicant requests a Conditional Use Permit to allow continued use of the site as a Home-Based Wildlife Rehabilitation center. The applicant has been operating as a Home-Based Wildlife Rehabilitation center, and was notified by a Zoning Inspector of the need for a Conditional Use Permit. The applicant and property owner, Ms. Meyer, is a volunteer home-based Category II wildlife rehabilitator. After receiving animals from animal control, SPCA, state parks, veterinarians, or other sources, Ms. Meyer rehabilitates the animals until they are able to be released back into the wild. On July 8, due to a family medical emergency and the need of the applicant to travel to be with the family member, the applicant requested a deferral of this application. The City Council granted a deferral to the August 5 meeting. Subsequently, on August 5, the application was deferred to August 19. ¦ Considerations: The applicant rehabilitates a variety of animals such as dogs, cats, songbirds, raccoons, foxes, grey squirrels, opossums, and others. The greatest period of rehabilitation activity occurs between April and September. In addition to being a Category II Wildlife Rehabilitator, the applicant is also a Registered Nurse (BSRN), licensed in the Commonwealth of Virginia, and has a background in critical care. Adjacent to the western fagade of the house on the property is a 10' x 10' screened "shed" that is used by the applicant to cage foxes and raccoons while they are being rehabilitated. The shed is eight feet tall and is built on wooden posts in lieu of a concrete slab or footers. Other than this outdoor cage (screened shed), the applicant will, at times, temporarily use mobile, collapsible-style cages when needed. The applicant has an eight-foot high privacy fence that projects westward from the front fagade of the house, and then, runs along the western lot line, providing screening of the rehabilitation use. The general area used for rehabilitating wildlife is to the west of the house. This area is no larger than 18' x MARY MEYER Page2of2 46' (828 square feet), and extends from the front privacy fence to no farther than the rear fagade of the house. Home-Based Wildlife Rehabilitation Centers are regulated by Section 242.3 of the City Zoning Ordinance provides `specific standards' for such a use (these `standards' are listed on Page 9 of the attached report for reference). Based on observations made by staff during a visit to the site, the summary of the operation submitted by the applicant, and verification of licensure, staff finds that the applicant meets all of the ten standards of Section 242.3. Further details pertaining to the proposal, as well as Staff's evaluation of the request, 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 8-3, recommends denial of this request to the City Council. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval with conditions. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manage . ?? ? • ?YNMAVEN >;pp-i:=a ----- Mar,y Mever M AbPb . \ ^. , ... ?. ` ' . P1 Plwt Landinp ? state Park Pi - ` -'" R1b o?+ ? StA , IR! 6 S?F4tic ?`, , 1 R20 1 (i R40 e."..u c.aw....wi... o.. s.......,r .... ........._ .._..__.., II June 11, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MARY MEYER STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit (Home-Based Wildlife Rehabilitation) ADDRESS / DESCRIPTION: 547 Susan Constant Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24193186510000 LYNNHAVEN 15,215 square feet Less Than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow continued use of the site as a Home-Based Wildlife Rehabilitation center. The applicant has been operating as a Home-Based Wildlife Rehabilitation service, and was notified by a Zoning Inspector of the need for a Conditional Use Permit. The applicant and property owner, Ms. Meyer, is a volunteer home-based Category II wildlife rehabilitator. After receiving animals from animal control, SPCA, state parks, veterinarians, or other sources, Ms. Meyer rehabilitates the animals until they are able to be released back into the wild. As necessary, this includes administering full inoculations for rabies, parvovirus, distemper, and other illnesses. The applicant rehabilitates a variety of animals such as dogs, cats, songbirds, raccoons, foxes, grey squirrels, opossums, and others. The greatest period of rehabilitation activity occurs between April and September. In addition to being a Category II Wildlife Rehabilitator, the applicant is also a Registered Nurse (BSRN), licensed in the Commonwealth of Virginia, and has a background in critical care. MARY MEYER Agenda Item 2 Page 1 The subject site is 15,214 square feet in area. Centered on the site is a one-story, detached, single-family house. Adjacent to the western fagade of the house is a 10' x 10' screened "shed" that is used by the applicant to cage foxes and raccoons while they are being rehabilitated. The shed is eight feet tall and is built on wooden posts in lieu of a concrete slab or footers. Other than this outdoor cage (screened shed), the applicant will, at times, temporarily use mobile, collapsible-style cages when needed. The applicant has an eight-foot high privacy fence that projects westward from the front faCade of the house, and then, runs along the western lot line, providing screening of the rehabilitation use. The general area used for rehabilitating wildlife is to the west of the house. This area is no larger than 18' x 46' (828 square feet), and extends from the front privacy fence to no farther than the rear faCade of the house. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: • Susan Constant Drive USE AND ZONING: First Landing State Park / P-1 Preservation District South: . Strattons Creek • Single-family dwellings / R-20 Residential District East: . Single-family dwellings / R-15 Residential District West: . Single-family dwellings / R-15 Residential District NATURAL RESOURCE AND The subject site is located within the Chesapeake Bay CULTURAL FEATURES: Preservation Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Focus Area 7- North Beach Area. The proposed use is consistent with the land use policies of the Comprehensive Plan subject to the use being screened to reduce potential negative impacts from associated noise and odor. EVALUATION AND RECOMMENDATION The applicant and property owner, Ms. Meyer, is requesting a Conditional Use Permit to allow the continued use of her site as a Home-Based Wildlife Rehabilitation Center. Section 242.3 of the City Zoning Ordinance provides `specific standards' for such a use (these 'standards' are listed on Page 9 of this report for reference). Based on observations made by staff during a visit to the site, the summary of the operation submitted by the applicant, and verification of licensure, staff finds that the applicant meets all of the ten standards of Section 242.3. During Staff's site visit, it appeared as though all animals were provided adequate food, water, shelter, exercise, and lighting. The applicant was caring for a number of animals that had more than sufficient cage area. There did not appear to be any nuisance generated by insects, excessive odor, dust, or noise from the subject use. There was no signage on display which advertised the volunteer wildlife rehabilitation service and the only shed/cage structure and general space used for rehabilitating the animals occupied less than 20 percent of the subject lot. ,MARY M ?Agenda :R ?2 Page 2 The applicant has submitted verification of her Category IIA licensure and Wildlife Rehabilitator Permit from the Virginia Department of Game and Inland Fisheries. This permit states that the applicant is prepared to rehabilitate high risk rabies species, nonmigratory birds, and small mammals. This permit also states the primary goal of the permittee is to return injured or orphaned native animals to their natural habitat, as quickly as possible, providing them with reasonable chance to function and behave normally within its native population and ecosystem. The subject site is located in the Chesapeake Bay Preservation Area (CBPA). The applicant submitted a Preliminary Project Request (PPR) form on Tuesday, May 13, 2014. The PPR was reviewed on Tuesday, May 20, 2014. As part of the Home-Based Wildlife Rehabilitation use, the applicant has a 10' x 10' shed, which is attached to the house and is located within the landward 50 feet of the CBPA. Development Services Center Staff has indicated that the applicanYs PPR is eligible for an administrative variance and that the aforementioned shed is approvable. A condition, therefore, is being recommended with this Use Permit, if approved, which requires that all necessary CBPA approvals be obtained by the applicant. Further, the shed structure encroaches approximately two feet into the ten-foot side yard setback required by the Zoning Ordinance for the R-15 District. The City Zoning Ordinance, however, will allow a detached shed of this side to be located no closer than five feet to a side or rear lot line. Thus, if the applicanYs shed structure was detached from the home, it could be up to three feet closer to the side lot line. Staff, therefore, views the existing encroachment into the side yard setback as being acceptable and has included a condition which addresses and limits this encroachment into the setback. Ms. Meyer is the only person associated with this wildlife rehabilitation service. Animals in need of rehabilitation are transported to the site by a vehicle, and after rehabilitation, the animals are transferred by vehicle again to their natural habitat and released. Viewing the property from the public right-of-way of Susan Constant Drive, as well as from adjacent properties to the east and west, staff concludes that one cannot visually perceive that in addition to a single-family house, the property owner also uses the site to rehabilitate wildlife. For the above reasons, as well as general consistency of the item with the policies of the Comprehensive Plan, Staff recommends approval of this request with the conditions below. CONDITIONS 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Center. 2. No animals shall be dropped-off between the hours of 10:00 pm and 7:00 am. 3. The applicant shall maintain the existing eight-foot high privacy fence located along the western lot line such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation Center are screened from view. 4. This Conditional Use Permit shall be contingent on the applicant securing all necessary approvals with regard to the Chesapeake Bay Preservation Area. ;Agenda Iteiyn 2 : Page .3 . MARY MEYER 5. No animals shall be released at the subject site after being rehabilitated. 6. The existing 10'x10' shed structure shall not encroach into the side yard setback any greater than the existing 2 feet. NOTE: Furfher conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiricate 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 Dffi-ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they perfain to this site. ;"Agenda Itgp 2 Page 4 kRY MEa1fER ? .. 1 ?? ? < t:•.d ?' ? k: vc4'P?x, Jt: '?$ .y. AERIAL OF SITE LOCATION 1? ? ARY MEYER ,genda Item 2 Page 5 ? ? ...,.__...?.? ?: Tk? ?i l i II ? MARY MEYER Agenda Item 2 Page 6 PHOTO OF 51TE I-KUM ,usAN t.vrva 1 j6?n i umivr- GOOGLE STREET VIEW OF SITE FROM SUSAN CONSTANT DRIVE I '. 5 ?y^ X ?•j ?? :? '?'??.`'?'c? 10'X10' SHED/CAGE rt , ?. JIARY MEYER Agenda Item 2 ? Page 7 ?I MARY MEYER Agenda Item 2 Page 8 ?. ' zj P h0 ?, . .i'- VIEW OF FENCING FROM SUBJECT SITE VIEW OF FENCING FROM ADJACENT PROPERTY TO THE WEST City Zoning Ordinance Section 242.3, Home-Based Wildlife Rehabilitation Center: (a) Each operatorshall ensure thateach animal isprovfded vdth: (1) Adequate food and water: (2) Adequate shelterthat is clean and o fthe propertype and slze brthe part+cutartype o fanimal and its age. size. species. and vmight. (3) Aeequate exercise. (4) Adequate lighting: and (5) Veterinary careas necessaryto preventsuffenngordiseasetransmiss+on. (b) E ach operator shall hold a valid category I or catego ry II A or 8 w+1d6k rehabtlRation permit from the Virginis Department o f Game and In land F Isher)es. and a mig ratory bird vWldtife rehablktation permit issued by the U n rted States F fsh and W ildfite Service ifthe operator rehab;IRates migratory birds. d c) Only species for wh ith an operatorhoWscurrent state and, ifapp6cable, federal permlts shall be kept 1n such a facillry for more than t.%enty-four (24) hours. WI animals not authonzed to be kept pursuantto such permRs shall be transported to an appropnate w+ld4fe rehablhtation center or a permltted home-based widlife rehabilda6on tacitiry vathin twenty-lour (24) hours o ireceipt ofsuch animal. i d}No operatorshail keep a 9reaternumberofanimaisatanyoneUme than those brKhich theoperator maintains adequate caging as required by the appllcabie state or federal permd or permlts held bythe operator ie) No animai shall be kept at any such tacifity for a penod m excesso fone hundred and eighty (180) days I? FJI animals shall be kept or mamtained in such mannerthat a nuisance is not generated by msects, excess+ve odor, dust, noise, or other conditansdeemed by the zoning admirostratorto be detnmental to the community health, safety and weltare. (9) Removal o fdead animals shali be conducted In accordance wth the provtsansofsectlon 5-14 ofthe Code o fthe C ity o f Uirgin ia Beach. Th e h o me-based reh abiHtator sh aA be the o mer o fth e vAid hie they are reh abllitatm q fo r the purposes o fCity Code section 5-14 (h ) Removai o fall vsste, mcludmg medlcal vuaste, shall be conducted daiy m accordan ce vuth the provsbns ofsection 31-7otthe CoCeofthe City ofVirginia Beach (i)All structures, buildings. or cages used forthe shelterofanimals shallcompy vdth thedimensionai requrementsoithe mningdistrid in vfiich the faciilty fs located, provided that cages or other valdHfe con4nement areas shall not occupy more than a total o itwenty (20) percentofthelotonv?hichthetacihtyislocated 5tructuresinwhichanimalsare con Inedshallnotexceedeight(8)ketinheight. (j)There shaii be no signs pertaining to the use on the property otherthan one (1) non-Iltuminated sign. not to exceed one (1) square fo ot in area, that may Dra vide identification o fthe faciiity, n otice to the pubhc o fany potential h azardsrelated to the operatio n o fthe facihty. and notice to the pubhcofbasic rostructansfordelrvery ofsick, injured. orphaned, ordisplaced wldiite City Zoning Ordinance Requirements for Home-Based Wildlife Rehabilitation Centers MARY MEYER Agenda Item 2 Page 9 (?.aitianl SITE SURVEY ? , MARY MEYER ? Agenda Item 2 Page 10 A ? Vrginia Depan'ment o,f'Carme and Inlrrrrd Ksheries 4010 West Broad Strect, P.Q Baz 11104, Ric6mond, VA 23230-1104 N- v ? (804) 367-1000 (VJTDD) I Undor Au*o+lfy 9/s 29.1.f!? Z! f 29. 1-417 $!'A&t Coaft 4Vi'6Swv Wlidiife Rehabilitator Permit PertnftType: Rsnewal Fee PBid: 510.00 VADGIF Permit No, Permiltiee: Ma. Mary Mtye1' Address: 547 Susnu Const:nt Drive VA Bwtch, VA 23451 Business: wildli[e by Mary Home: (757)515-3634 OffR's: cnyrca,W. vsrgioiA aeach CityfCourdy; . vtrginis Beach Cak? for which Appicant Fs Auftrized? Category QA Animais Perrnitbe is Prenared fin RehabiliEate (t#t itr?e of fssuanael: ?R - ID Nuriftr selentir?Manr Hljh rish nbMn syecEts Nomo"mry Bfr* 9mr11 Mwsah Permiit irrforrr?ation: If Cateaflrv I. Name of Soonsor, if CacegM II, M1lame of Catcaorv I Permittees Under Your Suoervison• - Prooi of rabks fi.amwumixation (2012, 2013) is on ttie io dL, Jmlc Gabris, 547 Stqa& Cmtmt Drivy Vlroofs ttie permiti Offim Beae6, VA 33151 •Thit pcrnth Outs not abdoNe tht praudroee odany roponobilitieb a Conditlues of my Dba feftd, slMq or bGi tflwt and reEulkiune, indudittg tkase 1hit Cpply b dYCJECDCdkfdi71g,GfEd 6pOClfs. •nll .Ddbe poueaaea uoda uhe smnorYy af flds peimdc diep rantin aK paperry nrme sua orvira;nii wia mda uw primuy jarisdietian otmis !M P^RuNY SDW af ihe peemltta h tD roWrn iitiuttd or ayhmled netivc animak co tbeir ctural haDkK oa 0uieidY as Doscihlti Otovidla¢ fheat witA o 3?:f'Jue-unmunis.m n.naias x%I oe permitoes m n?tlle ?n rdg esties aidmus (r?os. ?kw,ka. foom. 6tla ?aodchucJu). •ADp? are regronsib e r tsriewin& undcrstindirtg, aM canpdylpg wFffi all +vifffliCe reJtebflit9tipcypnplI COpoliia116 th*V?are dlsbibupeQ b tlf9pl aad iIV eWbc ]:=d nn L'iis pex?dt tf cz s,r!!nn! hu nx rtceKcd a sopy cf doo mmprelrn;?=?u ccc.dwom fheT' m.u? mtrnct f?e Pamitliug $ectioo al (944)367-4588. Feilare Lo ampty with pemdt mditlqns mnr aoaiatiNk an offr.me and may ekp resull m permit mowdon, Applicandt msy appeal permi docisiom vAW n 60 ttaya of iswanca. TTe appe?f muct be i? wrltlny to thb Dtradpr. Approved by: ? DepaRr»ent o! Gams and Indend Fishariee. i TMk: Ed L &teQ*Iroeek - Permi_t Suvervisar Dste: U11fLQ74 20 Perrrlit Eff@CtIVe 1J1l1014 thraugh 1/31/2015 15 SUBMITTED WILDLIFE REHABILITATOR CATEGORY IIA PERMIT ? r? ? a ? ? ZONING HISTORY # DATE REQUEST ACTION 1 05/22/2007 Floodplain Variance Approved 1.?1ABPA'? Agenda Item 2 ' , Page 12 ; 1ft `'UF n:H`• .id APPLICANT DISCLOSURE if the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: _ 1. List the property owner name foilowed by the names of all officers, members, trustees, partners, etc. below: (Aitach list if necessary) r Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this secfion on/y 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 aU 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: (Aftach list if necessary) & See next page for footnotes Does an official or em ioyee of the City of Virginia Beach have an interest in the subject land? Yes No n If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MARY MEYER Agenda Item 2 Page 13 2. l.ist all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach lisf if necessary) Gheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ? ? ? ? '"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 Coriflict 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 contralling owner in the other entity, or (iii) there is shared management or control beiween 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 #he same person own or manage the finro entities; there are common or comminglsd funds or assets; the business entities share the use of the same offices or employees or othervvise share activities, resources or personnel on a regular basis; or there is othervvise a close working relationship befinreen the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFlCATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subjeet property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned aiso consents to entry upon the subject property by employees of the Department of Planning to photograph and view the sife for purposes of processing and evalueting tfiis application. A:W M/I L . ? Applican gna re Print Na e Property Owner's 5ignature (if different than applicant) 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 June 10, 2013 VIRGINIA DEPARTMENT OF GAME & INLAND FISHERIES Post Office Box 11104 Richmond, Virginia 23230-1104 (804) 367-1000 WILDLIFE REHABILITATION PERMIT CONDITIONS All persons caring for sick, injured, orphaned, or displaced wild animals are required to have a permit from the Virginia Department of Game and Inland Fisheries. The primary goal of the permittee is to return injured or orphaned native animals to their natural habitat, as quickly as possible, providing them with a reasonable chance to function and behave normally within its population and ecosystem. The Virginia Department of Game and Inland Fisheries is not liable for any injuries or damage caused by wildlife held under the authority of this permit. Applicants should possess sufficient liability insurance to cover any situations that may occur due to their neglect. When the Permitting Section of the Virginia Department of Game and Inland Fisheries (VDGIF) receives a call from an individual wanting to become a rehabilitator, they are sent a copy of these conditions and requested to contact the Agency if and when they want to continue with the process. When the individual is ready to become a rehabilitator, VDGIF will record the name, address, county, and phone numbers for the person seeking the permit. VDGIF will also record if the caller is seeking the permit as a sponsored apprentice, a care provider, an individual with at least two years of experience, an incorporated or insured organization, or as a professional facility with an on-site veterinarian. If the individual wishes to be a Category IV care provider, they are mailed an application. For other categories, VDGIF initiates a 30-day process. Starting at the date of the call as day 0, VDGIF law enforcement officers will try to inspect the individual's facilities between day 6 and day 20. If the individual is not prepared for an inspection within 5 working days of the time they are contacted by an officer to set up an appointment, they will be automatically denied and must contact the Permitting Section when they are ready to initiate the process again. If the individual is preliminarily approved by the officer during the site inspection, then the applicant will be given a Wildlife Rehabilitator Application and Permit Conditions by the Warden and be instructed to mail their signed application with the required fee to the Permit Section. They will be reminded to apply for and enclose a copy of their federal permit to VDGIF to be considered for rehabilitation of migratory birds or waterfowl. When the completed Wildlife Rehabilitator Application is received by VDGIF, the Permitting Section will routinely issue the permit within two weeks or send a letter indicating denial to the applicant. If an incomplete application is received, all materials and the check will be returned with a form letter of explanation. Page 1 Wildlife Rehabilitation Permits are issued in four (4) categories and are defined as follows: A CategorX I(Apprentice) permit is for an individual with entry level skills who has less than two years of rehabilitation experience. He/She must be sponsored by a Category II or Category III permittee to apply and must satisfy educational requirements. His/Her work is under the direct supervision of the sponsoring Category II, or Category III permittee, and is generally limited to uninjured, orphaned wildlife. This permit requires a facilities inspection by a representative of the Virginia Department of Game and Inland Fisheries as well as proof of immunization if necessary. For Category I's to be allowed to rehabilitate migratory birds and waterfowl, their sponsors must contact the USFWS in writing requesting that the Category I be covered by their federal permit to rehabilitate migratory birds and waterfowl. A Categor,y IIA (Individual), or Category IIB (Organization), permit is for those with advanced skills who have more than two years of rehabilitation, or equivalent, wildlife care experience. Applicants must satisfy educational requirements annually. They must work in cooperation with a licensed veterinarian and may provide care for all wildlife (except bald and golden eagles and threatened or endangered species) (See attached list on pages 15 - 18), providing that their animal holding facilities meet standard requirements and have passed inspection by the Department and that they have received the appropriate immunizations if necessary. CategorX IIA (Individual) is an individual meeting all of the Category II criteria. Category IIB (Organization) is an incorporated and insured organization meeting the Category II criteria. A Categorv III (Professional) permit is generally for a professionally operated facility with an on-site veterinary staff. They may provide care for all types of wildlife providing that holding facilities meet standard requirements. Only Category III facilities may provide care for threatened or endangered species, bald and golden eagles. A Category IV (Care Provider) may provide direct care for, and may come into contact with, wildlife at the facility of a Category I, II, or III permittee, when direct supervision is not available at that facility. (Example: A Category II goes on vacation and needs someone to provide care to the animals at their facility. The Category IV would be qualified to render this assistance.) The Care Provider may not care for animals in their own home. Therefore, this individual would not need to have a facility inspection performed by VDGIF nor shall they need a sponsor. The permittee would need to satisfy the State's pre-permitting and annual Page 2 June 10, 2013 educational requirements. They must also be pre-immunized if they are to be working with high risk rabies species. Individuals providing care to raptors, predatory animals, or animals requiring unusual expertise, would need to have advanced skills and provide proof that they have met the certification requirements necessary for the level of care they are providing. (Individuals at whose permitted facility the Category IV is assisting, must contact the USFWS in writing requesting that the Category IV be covered by their federal permit to rehabilitate migratory birds and waterfowl.) Transporters do not need an individual permit. A Category II or III permittee may designate individuals to act under their permits as "Transporters." As noted in the permit conditions, the authority of "Transporters" is limited to retrieval and delivery of animals directly to a Category I, a Category II A or B, or a Category III permittee, or to approved release points when rehabilitation is complete. At thi s ti me, Staf f(pai d empl oyees) or V ol unteers do not need an i ndi vi dual permi t i f they are working under the direct supervision of a Category II or III, at the Category 11 or I I I' s f aci 1 i ty. H owever, i f these i ndi vi dual s are pr ovi di ng care on thei r own, and/ or comi ng i nto contact wi th the wi 1 dl i f e, V D GI F strongl y recommends that these individuals become permitted as a Category IV Care Provider. If they wish to care for wildlife on their own property or at their residence, regardless of the source of the wildlife or the duration of the care provided, they need to be permitted as at least a Category I. 1. All wildlife possessed under the authority of this permit shall remain the property of the State of Virginia and under the primary jurisdiction of the Virginia Department of Game and Inland Fisheries (VDGIF). 2. All persons caring for sick, injured, orphaned, or displaced wildlife are required to have a permit from the VDGIF. 3. Consent must be obtained from the VDGIF prior to the disposition or dispersal of any wildlife, their carcasses, parts, products, or progeny thereof, possessed under the provisions of this permit (except as provided by 4a, 4b, and 4c). 4. The legal disposition of wildlife, their carcasses, parts, products, or progeny thereof, shall be as follows: (a) Species of native wildlife that recover and are not permanently impaired shall be returned to the wild. Rehabilitated animal s, except high-risk rabies animals and deer, should be returned to the area in which they were found or in the county in which they were rehabilitated. High-risk rehabilitated rabies animals must be released in the county in which they were rehabilitated; they cannot be transported Page 3 June 10, 2013 across county 1 i nes, except when speci fi cal ly al l owed by the Di rector of the Department of Game and I nl and Fi sheri es. Deer must be rel eased i n the county i n whi ch they were rehabi 1 i tated or i n an adj acent county, except when specifically allowed by the Director of the Department of Game and Inland Fisheries. Non-native species shall not be released into the wild but should be placed in a suitable captive environment. Non-native animals are defined as those species and subspecies of animals not naturally occurring in Virginia. Native reptiles and amphibians that have been rehabilitated should not be released prior to contacting VDGIF due to genetic, disease, and ecological concerns. (b) In order to possess permanently impaired migratory birds, a Special Purpose Possession Permit must be obtained from the U. S. Fish and Wildlife Service (See address and phone # in condition 7 below) and VDGIF must be notified of the intent and reason for holding this wildlife and must be in concurrence with the stated purpose. VDGIF must also be notified if the status or disposition of the wildlife changes. As only a limited number of permanently impaired birds may be maintained under the federal permit, other wildlife should be placed in a mutually acceptable facility. All permanently impaired wildlife shall be kept in enclosures that meet, or exceed, the minimum pen specifications. Migratory birds may not be taken to nonpermitted individuals unless prior permission is obtained from the VDGIF. The possession of these permanently impaired birds by non-exhibitors and not for educational purposes must be directly tied to the rehabilitation of other wildlife. If the permanently impaired migratory birds are federally threatened or endangered or a golden eagle, and the rehabilitator has a proven need to possess the bird(s) for noneducational purposes, they will need a Virginia Endangered Species Permit, a Federal Special Purpose Possession Permit, and if applicable, a Federal Eagle Exhibition Permit. (c) Wildlife that dies while in the custody of the permittee shall be buried or incinerated, or upon prior approval from the VDGIF, be offered to a mutually acceptable museum, university, or other institution for addition to its study collection. (d) Non-releasable wildlife should be humanely destroyed (euthanized) unless it can be placed in a facility operating with an exhibitors permit issued from the VDGIF. Deer cannot be exhibited in a facility that accepts deer for rehabilitation, even i f the r ehabi 1 i tator al so has an exhi bi tors permi t, nor can deer be transferred from a rehabilitator to any other facility for exhibit. Rehabilitators must remember that animals with visible deformities may not be exhibited and should be euthanized. Page 4 June 10, 2013 (e) Due to disease concerns, deer that are brought from outside of Virginia shall not be rehabilitated and shall not be commingled with other deer on premises. Notify VDGIF immediately if a deer is brought in from outside the state. The permittee shall immediately notify the Department if any member of the Cervidae family demonstrates some combination of clinical neurological signs consistent with Chronic Wasting Disease (e.g., abnormal behavior, increased salivation, tremors, stumbling, lack of coordination, difficulty swallowing, excessive thirst, excessive urination). The permittee is encouraged to euthanize and submit such an animal to the Department for disease testing. (g) Wildlife that suffer from zoonotic diseases should not be rehabilitated if they pose a threat to humans or other wildlife. 5. All permittees shall keep records of wildlife in their care. A log shall be maintained for "all" wildlife entering the facility for treatment, and a record of their progress and disposition is mandatory. These records shall be submitted to the VDGIF at the end of the permitting year by February 1, or upon request. (A reporting form is enclosed on page 19) Failure to remit this report may result in revocation, cancellation, suspension, or non-renewal of an individual's permit. 6. All permittees must attend at least six (6) hours of approved continuing education related to wildlife rehabilitation annually. 7. This permit is not valid for possession of migratory birds unless accompanied by a Federal Special Purpose Rehabilitation Permit issued by the U. S. Fish and Wildlife Service. [Contact the U. S. Fish and Wildlife Office, Assistant Regional Director, Division of Law, at P. 0. Box 779, Hadley, MA 01035-0779 or call (413) 253-8643.] 8. Housing: All wildlife shall be kept in a humane and sanitary manner as prescribed by the VDGIF. (See Basic Requirements for Housing of Wild Animals) (To minimize disease potential, cages that are used for transporting or holding raccoons, should not be utilized for other species.) 9. Safetv: Facilities must provide for the safety of confined wildlife as prescribed by the VDGIF. (See Minimum Housing Guidelines) 10. Humane: Wildlife shall be maintained in a humane and uncrowded manner. The permittee shall ensure that wildlife is kept in compatible groups and that all specimens are fed appropriate food. Page 5 June 10, 2013 11. Inspection: Duly authorized employees of the VDGIF or the U. S. Fish and Wildlife Service may inspect the permittee' s premises at any time to determine whether or not the permittee is complying with these conditions. 12. The permittee shall consider human health and safety first, including rehabilitators and members of the general public. 13. Permittees, or their volunteers, shall not charge any fee associated with the activity herein authorized, nor shall permittees, or their volunteers, require fees for the pick-up or delivery of sick, injured, or orphaned wildlife. 14. Permittees, or their volunteers, shall not represent themselves as agents of the VDGIF, nor shall they trespass upon the property of another for the purpose of taking possession of wildlife without permission of the property owner. 15. Cancellation and Suspension: Any permit may be canceled, or suspended, at any time when it is found that the permittee is not in compliance with the conditions of this permit. Regulation 4 VAC 15-290-130 states that a permit holder shall comply with all terms and conditions of any permit issued by the Department of Game and Inland Fisheries pursuant to Title 29.1 of the Code of Virginia and the regulations of the board pertaining to hunting, fishing, trapping, attempting to take, possession, sale, offering for sale, transporting or causing to be transported, importing or exporting, propagating, exhibiting, and rehabilitating of any wild bird, wild animal or fish. The penalty for violation of this section is a Class 3 misdemeanor unless another penalty is specified. 16. Wi 1 dl i f e undergoi ng rehabi 1 i tati on shal l not be di spl ayed or exhi bi ted. Thi s permi t does not authori ze the use of r el easabl e or non-r el easabl e ani mal s f or exhi bi t or educati onal use. 17. The permi ttee i s remi nded that the wel fare of wi 1 dl i fe popul ati ons i s more i mportant than the wel fare of any i ndivi dual ani mal, and nothi ng done i n the i nterest of an i ndi vi dual ani mal shoul d unnatural l y j eopardi ze heal thy wi 1 dl i fe. 18. A11 wildlife that is being rehabilitated must be kept in separate rooms or buildings from domesti c ani mal s 19. The permittee shall make every effort to avoid taming, or imprinting wildlife receiving care if the animal is candidate for releasing back into thewild. 20. The permittee shall not attempt, or be authorized to attempt, wildlife care which is beyond ei ther thei r experti se or thei r f aci 1 i ti es. Page 6 June 10, 2013 21. Under authority of Section 29.1-545 of the Code of Virginia, it shall be unlawful for any person, f i rm, associ ati on or corporati on to possess, sel l, of f er f or sal e, or 1 i berate in the Commonwealth any live fur-bearing animal commonly referred to as nutria 22. The permi ttee shal l abi de by the wi 1 dl i f e rehabi 1 i tator code of ethi cs. (See Code of Ethi cs secti on) 23. Permittees shall give any and all changes of name, address, and/or phone number to the VDGIF within no more than seven (7) days of those changes. 24. The primary goal of the permittee is to return inj ured or orphaned native animals to the wi 1 d. Rehabi 1 i tated ani mal s? except hi gh-ri sk rabi es ani mal s and deer, shoul d be returned to the area i n whi ch they wer e f ound or i n the county i n whi ch they were r ehabi 1 i tated. High-risk rehabilitated rabies animals must be released in the county in which they were rehabilitated; they cannot be transported across county lines, except when specifically al l owed by the Di rector of the D epartment of Game and I nl and Fi sheri es. Deer must be rel eased i n the county i n whi ch they were rehabi 1 i tated or i n an adj acent county, except when specifically allowed by the Director of the Department of Game and Inland Fi sheri es. 25. No bears may be housed or rehabilitated or reared by any person or at any facility in Virginia unless specifically authorized by VDGIF. SPECIFIC CONDITIONSWHICH ARE APPLICABLE TO CATEGORY I PERMITTEES (In addition to all of the general conditions, thefollowingarespecificfor CategoryI permittees.) 1. May provide care for uninjured, orphaned wildlife (except raptors? predatory ani mal s, or ani mal s requi ri ng unusual experti se or faci 1 i ti es). 2. May receive, transport (see #24 under general conditions), and house (for not more than 24 hours) injured wildlife or orphaned species not authorized under the Category I permit (exoeptbald and golden eagles and threatened or endangered species), providing they have received authorization and necessary instruction, in advance, from sponsoring Category 11 or Category I I I per mi ttee, cooperati ng veteri nar i an, agent of the V D GI F, or other i ndi vi dual desi gnated by the V D GI F. 3. I n general, a Category I permi ttee shoul d not sol i ci t contact wi th the publ i c except upon referral by their sponsoring Category II or Category III permittee, or designees of the VDGIF. Category I permittees who receive animals must contact a Category II permittee within 12 hours of directly receivinganimals 4. Must maintain and provide, as required, a full record of each animal received, i ncl udi ng di sposi ti on, authori zati on, and other i nf ormati on. A copy of al1 r ecords must be provided to the sponsoring rehabilitator. Page 7 June 10, 2013 SPECIFIC CONDITIONSWHICH ARE APPLICABLE TO CATEGORY II PERMITTEES (In addition to all of the general conditions the following are specific for Category I I permitt 1. May provide careand house for sick, injured, and orphanedwildlife. 2. May receive, transport (see #24 under general conditions), and house (for not more than 24 hours) injured wildlife ororphaned species not authorized under the Category II permit (except bald and golden eagles and threatened or endangered species), providing they have received authorization and necessary instruction, in advance, from cooperati ng veteri nar i an, agent of the V D GI F, or other i ndi vi dual desi gnated by the VDGIF. 3. M ay r ecei ve, transport, and hol d si ck, i nj ured, or orphaned wi 1 dl i f e(threatened or endangered speci es, bald and gol den eagl es wi 1I be transported to a Category I I I facility, or other approved facility designated by U. S. Fish and Wildlife Service, within 24 hours) The care of the animals must be carried out under the general supervision of the cooperatingveterinarian or a Category III facility. 4. The permittee shall not prescribe medications or implement procedures beyond basi c supportive care wi thout the authori zati on of the cooperati ng veteri nari an or a Category III facility. 5. The permittee may designate individuals to act under their permits as "Transporters" The authority of "Transporters' is limited to retrieval and delivery of animals directly to Category I, Category II, or Category III permittees, to a veterinarian, or to appr oved r el ease poi nts when r ehabi 1 i tati on i s compl ete The permi ttee i s responsi bl e f or mai ntai ni ng a dated 1 og on each transporter, i ndi cati ng thei r name, desti nati on, and type of ani mal (s) transported. 6. The Category IIA permittees may sponsor up to five (5) Category I permittees. The Category IIB permittees may sponsor up to twenty (20) Category I permittees. The Category I IB permittee must be available to sponsor Category I permittees. 7. The Category II permittees must be accessible to the VDGIF and the public for consul tati on and assi stance, i ncl udi ng havi ng a worki ng tel ephone number avai 1 abl e to the V D GI F and other appropri ate i ndi vi dual s? at al l ti mes. 8. The Category II permittees may, upon written notice to the VDGIF, terminate the sponsorship of a Category I permittee. At the VDGIF's discretion, these permittees may be reassigned to another Category II permittee, or have their permits revoked. 9. The Category 11 permittees must maintain records on all animals treated by Category I permittees or associated Category II permittees if different from the Category II permittee's own records Page 8 June 10, 2013 SPECIFIC CONDITIONSWHICH AREAPPLICABLE TO CATEGORYIII PERMITTEES (In addition to all of the general conditions the following are specific for Category I I I permittees.) 1. Per manent staff of the f aci 1 i ty, engaged i n cari ng f or si ck, i nj ured, orphaned, or displaced wild animals, are required to belisted on the facility permit. 2. May receive, transport (see #24 under general conditions), hold, and provide care for si ck, i nj ured, or orphaned wi 1 dl i f e, i ncl udi ng thr eatened or endangered speci es, bald and golden eagles (with the approved federal permits). 3. Any Category III rehabilitator must immediately report to VDGIF all threatened or endangered speci es, bald and gol den eagl es that are br ought to thei r f aci 1 i ty (See 1 i st on pages 15 - 18). U pon bei ng contacted, V D GI F wi 11 deci de i f the ani mal must be transported to another facility that can offer specialized care or if the animal may be retained by the currentfacility. If retained, rehabilitation and release of the animal must be coordi nated wi th V D GI F's Regi onal Non-game Bi ol ogi sts 4. The permittee may designate individuals to act under their permits as "Transporters." The authority of "Transporters' is limited to retrieval and delivery of animals directly to Category I, another Category II, or a Category I I I permittee, or to approved release poi nts when rehabi 1 i tati on i s compl ete. The permi ttee i s r esponsi bl e f or mai ntai ni ng a dated 1 og on each transporter, i ndi cati ng thei r name, desti nati on, and type of ani mal (s) transported. 5. The Category I I I permittees may sponsor up to twenty (20) Category I permittees. 6. The Category III permittees may, upon written notice to the VDGIF, terminate the sponsorship of a Category I permittee. At the discretion of VDGIF, these permittees may be reassigned to another Category II permittee, or have their permits revoked. 7. The Category III permittees must be accessible to the VDGIF and the public for consul tati on and assi stance, i ncl udi ng havi ng a worki ng tel ephone number avai 1 abl e to the V D GI F and other appropri ate i ndi vi dual s, at al l ti mes. 8. The Category III permittees must maintain records on all animals treated by Category permittees, or Category 11 permittees, if different from the permittee' s own records 1. The Category IV permittee may not care for animals in their own home, and will therefore not need a facility inspection. 2. They must be pre-immunized if they are working with high risk rabies species. Page 9 June 10, 2013 3. Individuals providing care to raptors, predatory animals, or animals requiring unusual expertise, need to have advanced skills and provide proof that they have met the certification requirements necessary for the level of care they are providing. 4. Individuals must attend at least six (6) hours of approved continuing education related to wildlife rehabilitation annually. SPECIAL PROVISIONS Bear Any wildlife rehabilitator, who acquires a bear, by any means, must notify VDGIF Permits Section ((804) 367-9588) within 12-hours of acquiring the bear. Call the hotline (1-800-237- 5712) on weekends and holidays. Threatened or Endangered Speciesand Eagles Wildlife should be referred within 24 hours to a Category III facility where full-time veterinary care and appropriate facilities are available unless specifically authorized by the Department. Category I permittees may not possess threatened or endangered species or bald and golden eagl es at any ti me. A 1 i st of permi tted f aci 1 i ti es i s mai ntai ned by the D epartment. Exhibited and Educational Use of Non-Releasable Animals The exhi bi ti on or educati onal use of rel easabl e or non-rel easabl e ani mal s i s not permi tted under rehabilitation permits To exhibit for educational purposes, a permit to exhibit wildlife is required from the VDGIF. Deer cannot be exhibited in a facility that accepts deer for rehabilitation, even if the rehabilitator also has an exhibitors permit, nor can deer be transferred from a rehabilitator to any other facility for exhibit. Rehabilitators must remember that animals with visible deformities may not be exhibited and should be euthanized. A U. S. Fish and Wildlife Service (USFWS) Special Purpose Possession Permit is required to exhibit migratory birds and a U. S. Department of Agriculture (USDA) Animal Welfare Act License is required to exhibit mammals [The Virginia USDA may be reached by writing the United States Department of Agriculture, Eastern Region,APHIS, AC, 920 Main CampusDrive, Suite 200, Raleigh, NC 27606 or by calling (919) 716-5532.] Rehabilitation of H igh Risk Rabies Species High risk rehabilitated rabies animals must be released in the countv in which thev were rehabilitated• theXcannotbetransportedacrosscountvlines I nvol vement wi 11 be a vol untary acti on that i s the personal choi ce of each 1 i censed rehabi 1 i tator. Page 10 June 10, 2013 Only pre-immunized handlers will be permitted to handle high-risk rabies animals (raccoons, skunks? foxes? bats, woodchucks). Proof of immunization must be provided with the applir,ation and will remain on file. All raccoons should be considered rabies exposed! !! I f the rescuer, transporter, or handl er has been exposed to any of the raccoon' s bodi ly fl ui ds i ncl udi ng sal i va, tear s, or uri ne, then the ani mal shoul d be humanel y euthani zed, and i ts head and brain should be sent to the public health department for rabies testing. Permittees must abi de by al1 r equests f or ani mal s made by authori zed publ i c heal th department personnel or animal control personnel. A ny wi 1 d mammal whi ch bi tes any person shoul d be humanel y euthani zed, and have i ts head and brain submitted to the public health department for rabies testing. To mi ni mi ze di sease potenti al, cages that ar e used f or transporti ng or hol di ng raccoons? shoul d not be uti 1 i zed for other speci es. RENEWALS Regulation 4 VAC 15-30-7 states that provided that the issuance of a permit renewal has been delayed past the expiration date of the permittee's previous permit at no fault of the applicant, the permittee may continue the specific activities authorized by the expired permit until the Department has acted on such person' s appl i cati on f or r enewal . To qual i fy f or thi s al l owance, appl i cants must submi t a compl eted renewal application to the Departmentat least 30 days prior to the expiration date of the permit. The Department may deny renewal of a permit to anyapplicant who fails to meet the issuance criteria set f orth by the D epartment. Renewal appl i cati ons wi 11 be mai 1 ed appr oxi matel y two months i n advance of the permit's expiration date. FEDERAL STATE. OR LOCAL LAWS This permit does not absolve the permittee of any responsibilities or conditions of any other federal, state, or 1 ocal l aws and regul ati ons, i ncl udi ng those that appl y to thr eatened or endangered speci es. BASI C REQUI REM ENTS FOR H OUSI NG OF W I LD ANI M ALS INSPECTION - Wildlife held in captivity shall be subjected to inspection by any Virginia game warden or animal warden(county animal control officer). Inspecting officers shall determine whether the said wildlife are adequately fed, sheltered, cleaned, cared for, provided with sufficient space, veterinary care, and securely, properly, and safely penned. In the event that the animal is not adequately cared for, the officer shall report the situation in writing to the person holding such wildlife. Failure of the holder or exhibitor to correct the situation within 24-hours after such written notice will result in automatic suspension of all permits to hold such wildlife. Page 11 June 10, 2013 HOLDING CAPTIVE WILDLIFE - All persons keeping wildlife shall be responsible for practicing good ani mal husbandry, handl i ng, pr oducti on, management, conf i nement, feedi ng wateri ng, protection, shelter, transportation, treatment, and when necessary, euthanasia, appropriate for the age, speci es, condi ti on, si ze, and type of the ani mal, and the pr ovi si on of veteri nary care, when needed, to prevent suffering or impairment of health. ALL CAPTIVE WILDLIFE SHALL BE PROVIDED WITH: Adequate food to include access to, and provision of, food which is of sufficient quantity and nutri ti ve val ue to mai ntai n each ani mal i n good heal th; i s accessi bl e to each ani mal; i s prepared so as to per mi t ease of consumpti on f or the age, speci es, condi ti on, si ze, and type of each ani mal, i s provi ded i n a cl ean and sani tary manner, i s pl aced so as to mi ni mi ze contami nati on by excrement and pests, and i s pr ovi ded at sui tabl e i nterval s f or the speci es hel d, but at 1 east once dai 1 y, except as prescri bed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. Adecuate water to include provision of and access to clean, fresh, potable water of a drinkable temperature whi ch i s provi ded i n a sui tabl e manner, i n suf f i ci ent vol ume, and at sui tabl e i nterval s but at least once every twelve hours to maintain normal hydration except as prescribed by a veterinarian or as dictated by naturally occurring state of hibernation or fasting normal for the species; and is pr ovi ded i n cl ean, durabl e receptacl es whi ch are accessi bl e to each ani mal and are pl aced so as to mi ni mi ze contami nati on of the water by excrement and pests or an al ternati ve sour ce of hydrati on consistent with generally accepted husbandry practices. Properly cleaned enclosure to include the removal of carcasses, debris, food waste, and excrement in suf f i ci ent f r equency to mi ni mi ze the capti ve wi 1 dl i f e contr act wi th the above-menti oned contami nants; the pri mary encl osure i s sani ti zed wi th suff i ci ent f requency to mi ni mi ze odor s and the hazar ds of di sease; and the pri mary encl osure i s cl eaned so as to prevent the ani mal s conf i ned therei n from being directly, or indirectly, sprayed with the stream of water, or exposed to hazardous chemicals or di si nf ectants. Pr oper 1 i ghti ng means suf f i ci ent i 11 umi nati on to permi t r outi ne i nspecti ons, mai ntenance, cl eani ng and mai ntenance of the shel ter, and observati on of capti ve wi 1 dl i f e; to pr ovi de regul ar di urnal 1 i ght cycles of either natural or artificial light, uniformlydiffused throughout the wildlife holding facilities, andtopromotethewell-beingof thewildlife. Adequate care meaning the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasi a, appr opri ate f or the age, speci es, condi ti on, si ze, and type of the ani mal, and the provision of veterinary carewhen needed to prevent suffering, impairment of health or disease transmi ssi on. DISINFECTING OF CAGES - While daily removal of feces and urine from mammal cages is necessar'y to prevent odor, parasite re-infestation, and insect over- popul ati on, avian species in large flight aviaries may be cleaned on a less frequent basis? providing there is a regular schedule for cleaning. Some mammals ( i.e., cottontail) have a need to ingest feces. Special arrangements can be Page 12 June 10, 2013 made f or speci es who have thi s need. Ther e are vari ous di si nf ecti ng agents used after dai 1 y cl eani ng to properly sanitize the cage. cFNE AL.GAGE COMMENTS The enclosures suggested, with the exception of conditioning cages, are for short-term (i.e., usually less than six months) housing of rehabilitation animals. The philosophy which dictates cage size presupposes normal recovery times for the patient. None of the confinement or recovery cages are recommended for extended or permanent care. Any bird old enough to perch requires the same size cage as the adult of the species. Enclosures should be made secure against common local predators. Cage design should provide for ease of cleaning, ventilation, light, and temperature control. A separate source of water for drinking and bathing for each enclosure should be provided. Page 13 June 10, 2013 Item #2 Mary Meyer Conditional Use Permit Home-Based Wildlife Rehabilitation 547 Susan Constant Drive District 5 Lynnhaven June 11, 2014 REGULAR David Redmond: We will address the remaining matters on our agenda, and I will ask our Secretary Mr. Bob Thornton to call the first item. Mr. Thornton. Bob Thornton: Mr. Chairman, Item 2 is the first item that we hear today. It is an application of Mary Meyer for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation located at 547 Susan Constant Drive. Ms. Meyer is here to speak on behalf of her application and there are two persons to speak in opposition. Mary Meyer: Good morning. David Redmond: Good morning ma'am. Before you start, I neglected to mention what I normally do at these meetings. Just a little bit about timing or everyone. Ms. Meyer and other applicants have 10 minutes to speak in support of your application. Anyone who speaks subsequent either in support or in opposition to a matter has three minutes to speak unless you are speaking as the express representative of an organization such as a civic league. After folks who speak in support in your favor, then Ms. Meyer, you will have the opportunity to come back for a rebuttal. So you have ten minutes. Mary Meyer: First thing, I am Mary Meyer. David Redmond: Can you get close so he can record it and the folks at home can hear better. Mary Meyer: I live in Princess Anne Hills and I am a wildlife rehabilitator. Ed Weeden: Did you state your name? Mary Meyer: Oh yes, Mary Meyer. I am a wildlife rehabilitator, Category 2, which enables me to, and those who don't know much about wildlife rehabilitation, it is all volunteer. They run the gambit from anything from squirrels all the way up to what we call vector. There are three of us in the entire region that are considered Vector Rehabilitators. We do anything that is actually a rabies carried species, foxes, raccoons, bats, and some of the other. All the way down to a baby squirrel. Our animals mainly come from three sources the SPCA, animal Item #2 Mary Meyer Page 2 control, and the state parks. Because I am a Category 2, I do get injured animals as well as those that are orphaned which are our main population. This year we have already had our first, I guess group of raccoons came through that were released down in southern Virginia. You have a place called Bear Acres, it's one of our many release sites for our rehabilitators that are learning to work with the animals. I've always come with a theory of steward to the environment and to speak for those who can't. I was raised as an environmentalist and I was raised to help the community in any way that we could. Again, this is solely volunteer. Every raccoon that we have runs about $800 a piece to rehabilitate. We get them from SPCA or animal control and they are about this big (showing with hands) (5 inches long). We raise them. They are given every shot that your dog would have, rabies, distemper, Parvo, dewormed. There is extensive amount of tracing. We also work with the Wildlife Center of Virginia, right near Charlottesville. And again, that is kind of right there where we go if there are any problems. We are also supervised by a Vet, we are supervised by Dr. Carter, who is a wildlife veterinarian. This of course is the process of raising animals. When people mention wildlife rehabilitation, they got to understand, the public has so many misconceptions. And I'll start that from the beginning. "Oh my God, it's wildlife, they are going to eat my dogs!" No. Maybe if it is a coyote that's illegal to rehab in Virginia, but certainly not your standard raccoon, fox, etc., within the population. My specific site as you can see by the picture, you drive down my road. You can't even see it. It is behind an eight foot privacy fence. And, unless you are actually walking in you don't see it. I do have raccoons at this point. I am down to eight raccoons, and again they will go down to Bear Acres to be released at that site. You got that 30 day period when you give a rabies vaccine before you can go into release. During the planning process, because of many complaints, I was inspected by just about every person from Animal Control, and four or five different permit people. I had to be inspected by the Wetlands. I was inspected by pretty much every single department. This is very typical because people have this misconception about what wildlife is all about. As a matter of fact, we do 100 percent volunteer. And as I said, there are only three of us in this region that do the Vector species. We do it out of the love for our environment, love for our city, the love for wildlife to speak for those to be the steward for the environment. A lot of people don't know about this including myself, about this Conditional Use Permit. Most of them have the option to like have $300.00 to buy formula, to buy a shot for these animals, or when they hear about it, it is actually more than $300.00 to go in front of you all and go through this process. We are highly regulated. Fish and Game, we have to not only have the additional educational course every year but. I am actually now an instructor. I just instructed a couple months back at the Botanical Gardens on wildlife, medication care because I do have a trauma background, a Nursing degree. What I am asking today is your permission to continue. As I said, I am the only one in the north end of Virginia Beach. I am the only who supports Seashore State Park in the "Vector" category. I work with SPCA. As a matter of fact, I have a Great Pyrenees to come to my house to foster this afternoon, as well as a wildlife program. Animal control knows me personally. And as well as Seashore State Park. Those are my main three areas. So, my thought pattern today is my use is private, it is totally funded, and it is totally volunteered. It has taken pressure off the City, Animal Control and SPCA. And again, we are doing it for the love of the animals. Certainly, Item #2 Mary Meyer Page 3 when you have to feed a baby raccoon etc., at four in the morning, 6 in the morning, and feeding throughout the days and the nights, and maintaining your normal job and life because you are a taxi, and you certainly don't do it for anything except for the true nature of taking care of wildlife. As I said, pretty much every single City Department and you all have been here certainly know the various City Department at this point. Animal control knows me. So as far as my perspective, I've gone through the gambit. I have agreed to the terms of my submittal package. Like I said we are using release sites such as Bear Acres, etc., that are not even in this region. They are very southern Virginia. And if there are any other areas that I need to conform to, certainly I will, we've been written the administration on Chesapeake Bay has been done. If they want to come back that is fine. I've already had the private meeting with them regarding my site. Once again, front yard is a beautiful area in Virginia Beach. It is totally private and you can't see anything that is going on from the road. And, so that is my main information. I wasn't aware that I would need specialists behind me but if you need to see any specialist I can certainly bring them in. David Redmond: You don't. You might have misunderstood me. I said you have the opportunity for rebuttal after we're done. No one is required. Mary Meyer: Thank you so much. And I'll wait. David Redmond: Are there any questions for Ms. Meyer. Mr. Hodgson? Jeff Hodgson: How long have you been operating out of your house? Mary Meyer: The internal of the house for some time around two years. This is my second year on the outside. Jeff Hodgson: Oh, okay. Mary Meyer: That is the difference between needing the permit versus not, is inside versus out. This is the beginning of my second year. Jeff Hodgson: You don't ever release across the street in the park? Mary Meyer: Oh no. I'm so sorry that I didn't bring the sheets this year. The whole set is going down via transport (to Bear Acres). Jeff Hodgson: Okay. Mary Meyer: Also, Waynesboro has a release site and there is another in southeast Virginia. Those are the release sites. Item #2 Mary Meyer Page 4 David Redmond: Ladies first. Ms. Oliver? Dee Oliver: Thank you. The animals that are brought to you are driven to your piece of property correct? Mary Meyer: It all depends. Not to be evasive. If it is a squirrel, if it's a bunny, if it is something like that they are driving to my house. If it happens to be a vector base species, we are not allowed to touch it, although we have three people that don't do active rehabilitation or do they do squirrels but they have their rabies shots. All of us who deal in the rabies family have to have pre exposure shots. For those animals either I come or one of my transports delivers. Dee Oliver: Okay. Thank you. David Redmond: Mr. Inman. Mike Inman: How many animals do you have in residence right now? Mary Meyer: Right now? I have an educational opossum that is going to be going to the Outer Banks. The last snow fall she was found on the snow bank dying, frost bit, so it was one of the prettiest opossums we've found. It had a tail this big (using hands). It had no tail whatsoever. Very sweet, and it is non releasable as we call it. And it is going to the Outer Banks to an education area. I have eight raccoons currently that are about this big (using hands - eight inches). That is it. Mike Inman: That's it? Mary Meyer: Well, this afternoon, I'm going to have a Pyrenees from SPCA for fostering. David Redmond: What is a Great Pyrenees? Mary Meyer: It is a big white dog. David Redmond: Oh, it's a dog. Mary Meyer: Yeah. I have one of those coming from the SPCA. Mike Inman: Do you have a number for this year, for instance. Mary Meyer: A tally? So far, let me think, probably around 30 this year so far. Mike Inman: And the number you have right now is it like an average number? Item #2 Mary Meyer Page 5 Mary Meyer: Yeah. I'm at eight. Occasionally it will go larger. A couple of weeks ago I had more because one of the vectors, there are three of us, was on vacation. So I had her raccoons for a week. Last Saturday she came and picked them all up. Mike Inman: What is the scope of species that you've had this year? Mary Meyer: Squirrels, song birds. I have had raccoons obviously. I've had opossums, sets of bunnies. That's it. Mike Inman: Okay, and feeding them. How and where are they fed? Mary Meyer: Feeding is every interesting. When they are young and this is specific for wildlife. Every single formula surprisingly guys is bottle feeding. So whether it is a syringe feed for a squirrel or a raccoon or any other subspecies, every single one has their own very special formula. It is done by Fox Valley. All they do is wildlife formula. It is very expensive. Let me tell you. A thing this big (using hands - about 1 gallon in volume) is $324. It is very expensive to do this. That is why I'm saying it's an act of love because it is volunteer and self-funded. When you get through the baby stage, you're doing bottles. When you're tube feeding, when you get slightly older, then it changes depending on species, the opossums will be eating fruit or dog food. They love cheese. So the opossums do that, the raccoons eat dog food. They will eat some fruits. They can't stand the citrus so they will be fed that product when they are older. Right now I am in the process of, they've gone finally into the weaning phase of life, so they are just beginning to eat soft solid foods. Mike Inman: We've seen pictures of your property. Where does the feeding occur on your property? Mary Meyer: In that little side. If you look on the page Mike Meyer: There is a picture up on the screen. Mary Meyer: Oh I'm so sorry. It is that little square (west side of house). David Redmond: In the enclosure. Mary Meyer: yes. Mike Inman: That enclosure on the screen now. Mary Meyer: That is the enclosure. Yeah, I didn't know that picture was taken. Mike Inman: Okay. Thank you. Item #2 Mary Meyer Page 6 Mary Meyers: The advantage also is that I do have it screened so there is no flies whatsoever but for the safety of the raccoons as well. There is a waterfall for the raccoons while they are sleeping in the area. Do you have a question? David Redmond: Commission Weiner? David Weiner: Did you ever have any other animals actually get out of the backyard? Mary Meyer: Yes. Raccoons are very tricky. Yeah, I had a mother escape. David Weiner: Okay. Mary Meyer: I was transferring to the big cage and she did escape. David Weiner: Have you ever had any animals from across the street come into your backyard because of what you have? Mary Meyer: Not in my backyard. No. It is fenced in where they would have to scale an eight foot tall privacy fence that is totally blocked. I've had no other except my dog. David Redmond: Mr. Hodgson. leff Hodgson: If you pick up and I'll stick with the raccoons, if you bring a raccoon back are you able to test to see it is positive for rabies? Mary Meyer: Immediately. With rabies you can tell very early. Rabies you can tell by neurological, but distemper is the problem not the rabies in this region. Jeff Hodgson: Okay. Mary Meyer: There is a distemper break out right now in Portsmouth, so no rehabilitator in Virginia Beach, and there are three of us take any raccoons. They are immediately euthanized. David Redmond: Excuse me, I don't mean to interrupt you. Mary Meyer: Go right ahead. David Redmond: let me see if I got that right. If they are positive for rabies, they are immediately euthanized? Is that what you said? Mary Meyer: Well yeah, rabies is not the problem in this region, though It is distemper. Distemper is the problem. Unfortunately as I said, Portsmouth just had a distemper outbreak, Item #2 Mary Meyer Page 7 the three of us don't take any animals from Portsmouth whatsoever right now. In Virginia, if you have a neurological, say it is part of distemper or rabies you can see it. There is also a snap test. It is very easy in raccoons because if they are with the distemper, and one of the main signs, even if they are this big (using hands) they look at the ceiling. It is very apparent because they are like this (using face and head and looking quickly to ceiling). And you can immediately tell and animal control takes care of them for me. Jeff Hodgson: I apologize. I don't know the difference between distemper and rabies. Mary Meyer: The way we deal with animals that are brought into my facility is they have a three week quarantine, by itself, treated by itself, and separated from others. So you know exactly who does and doesn't have the diseases per say. leff Hodgson: If one with distemper bites or scratches one of us, does that matter? Mary Meyer: First off you wouldn't get it unless you were in the wild and the same thing with rabies if you got scratched from a rabid raccoon or dog or whatever it happens to be. Rabies isn't really the problem here, as I was saying distemper is. What they are seeing in Portsmouth, is they are falling out of trees to be honest. And that is why they all get tested. I do a lot of testing with Dr. Podis. Jeff Hodgeon: So that doesn't affect me if I get bit by one with distemper. Mary Meyer: Well, I would imagine it would transfer in the wild. That is why mine are all inoculated. Jeff Hodgson: Okay. Mary Meyer: Every one of mine is inoculated not only with a cat but also with dog distemper, Parvo, rabies. They are given a second injection, sometimes a third if they are in captivity long enough. People laugh on Facebook because it is shot time. We have big thing of shots, again, it all Vanguard 5. It is the same one you would give your dogs and cats. Any animal released that is a vector series has had every inoculation before release. David Redmond: I'm not following perhaps. Raccoon comes to you from whatever source. And it has distemper. What happens? Mary Meyer: You will not know immediately. It immediately goes into quarantine. I'm able to administer for most of us that do raccoons, it is a distemper plus 5 vaccines. Then they are dewormed before they are even allowed. What we've learned over the years, and there is a group in Kentucky, and that is all they do. They do 300 raccoons a year. And so we are following their protocol. It comes in, it gets injected, it gets dewormed and it is put in Item #2 Mary Meyer Page 8 quarantined for three weeks. Distemper is deadly and quick, same thing with Parvo, same thing with rabies. David Redmond: Same procedure? Mary Meyer: Same procedure for all of them. Non rabies is slightly different. Non rabies vector are immediately put in to their own family group. David Redmond: I misunderstood you before. I thought you said they were immediately euthanized. Mary Meyer: If they are found to have distemper. You can find that out very quickly. If they show any of the neurological signs that is the first signs that you will see with any of those three, they will stop eating and they will start stumbling back up. Distemper their head flip up usually. Immediately you can tell this is a raccoon that needs to be euthanized. David Redmond: The same thing with rabies? Mary Meyer: Yes. Signs for rabies are seen easily neurological. Although we don't' see rabies in this region. As a matter of fact, I don't know of one rehabber that has had one with rabies. We have distemper and Parvo but rabies. One was bitten by an old was released too soon. David Redmond: Of all things in my very suburban neighborhood, we have foxes and we have plenty of them. Mary Meyer: We do too. We always have. David Redmond: It scared the dickens out of ine once. I went in my backyard and there was one and he started snapping. I went into the house and called animal control and said it started acting and immediately, I thought rabies, so I thought I should call animal control. So they came out and we talked for a while. And he said it probably wasn't rabies and it may have been they have got a litter of pups and was trying to keep you away. Yeah and I said how do you know that? And his answer was because rabies is very rare. Mary Meyer: It is rare. None of us, the three and some people have 40 years of experience just doing raccoons, of course, that is their main animal. It is very rare. We worry about distemper and Parvo, to be honest. That is our biggest problem that we see in wildlife rehabilitation. Foxes, as a matter of fact in Princess Anne Hills because of the scare of the foxes and I haven't even had a fox but we had a speaker come in to the civic association because they are pretty rare. And their opinion is they are not the ones that are going to eat your cat or dog. They eat mainly field mice, etc., yes they are out in the middle of the day. You know they kind of learn how to co-habitat. And we are the same way. We've got greys, reds. The problem is the Item #2 Mary Meyer Page 9 coyotes they are the big problem, and they are called a nuisance animal. Rehabbers, we don't do them because they eat everything. They are not a species animal. David Redmond: Any other questions for Ms. Meyer? Mr. Weiner? David Weiner: Talk about your civic league. Have you gone to them and talked to them about this particular thing? Mary Meyer: Most of them know what I do. I wish I had more people here from my backing I didnt' know what I was going to be seeking. The civic league deals with wildlife. We have in the past, we've had speakers as I've said from multiple sources to speak to us on, "Hey if you see a wild fox, don't freak out, they are not going to eat your dog just walk past." One of the people that were there said, "I'm walking my dog and I see a fox, what do I do?" You don't have to worry about that, but if you see a big coyote that is another story. It is sad to say that Seashore State Park now has coyotes. David Weiner: So they have no problem with what you are doing, the civic league? Mary Meyer: I'm sorry. We haven't met directly with them. We have spoken about it, they know it. The signs have been up. David Weiner: So no one is coming here from the civic league? Mary Meyer: I'm not sure. Neighbors have called and I have been inspected by every single possible group that Virginia Beach has to offer. I've now been inspected by, I think 5 or 6 different people. David Redmond: Mr. Thornton. Bob Thornton: In your two years of doing this, how many animals do you think you run through your house, your program? Mary Meyer: Probably about 90. In the beginning you do a lot of "ins and outs," we call them. There are lots of squirrels, lots of bunnies that take a very short time. Once you become specialized like I am now, your numbers drop considerably. For instance, I only have eight raccoons and one educational possum because unlike a bunny or bird might stay a day, maybe got hit into a window but you still have to record it as an entry as time progresses in your focus, like raccoons, that is not a week to carry them or a couple of weeks to help develop a squirrel it is a six month process before it is releasable. Item #2 Mary Meyer Page 10 David Redmond: Mr. Inman. Mike Inman: Is there any agency that regularly inspects your place? Mary Meyer: Yes. There are actually several. Not only are we under Game and Fish, but were also underneath Animal Control they both come to my house. Mike Inman: Annual, semi-annual? Mary Meyer: Every year you have to apply to be relicensed and you have to go through the education side. They pretty much look at your whole record. Not only that, you have to have detailed written analysis of every single animal that came in. For instance, I can grab a file and I can say this animal came in, it's main species it's entry weight. The shots that it got, the care throughout, you know the release date, the release site. And if babies need injection they are also on the chart itself. So every year we have to turn it in to Fish and Game. David Redmond: Mr. Russo. Phil Russo: Yes ma'am. Is there an advantage to the animals by working at your residence as opposed to, well as opposed to working with a veterinarian? You talked about how you worked with veterinarians or even the State Park? Mary Meyer: The State Park uses me. They don't have the facilities or the people or the money to spend $800 on a raccoon, they are going to euthanized. SPCA is the same. If you ever been to the SPCA their room is about the size of a closet. So, just like yesterday I call in a bird. But SPCA has basically has a closet to get their wildlife through. That is all they have. Their animals go in and go out immediately to other rehabilitators whether it is a pelican , whether it is song bird, hawk or a duck or a raccoon, they are in and out within under 24 hours to the rehabilitation network. Phil Russo: What I was asking is whether transporting them to your house or you had your facility at a veterinarian. Mary Meyer: The problem is vets don't have room and in general they treat wildlife but they don't' have the facilities to maintain and feed. You got to understand that in baby seasons we are feeding every four hours, every four hours, all day and all night. It is highly time consuming. No, they can't do it. As for others, there are not enough resources for them to do it. Yes they have three kennel runs let's say. They don't have a whole structure of 10 x 10, need for raccoons. They don't have the money to spend. It is $800 minimum on raccoons and if they weren't doing it, then animal control would be doing it. Your SPCA would be doing it. And we are the only lifeline between injured and orphaned animals. There is no other. Item #2 Mary Meyer Page 11 David Redmond: Are there any other questions for Ms. Meyer? Mary Meyer: I am sure I am over my ten minutes. Sorry guys. David Redmond: Going once, going twice. Thank you for your time. Hang close. There are some additional speakers and then you will have a chance to come back and respond to that. Mary Meyer: Okay. Thank you so much. David Redmond: Okay. Thank you. Bob Thornton: We have two speakers in opposition. We have a Michael Byrnes and a Dianne Byrnes. I would let them pick who speaks first. It is ladies first or gentleman first. Let you all have at it. David Redmond: Mr. Byrnes, you need to carefully consider this. Certainly at my house it works a different way. Michael Byrnes: A little speech here. David Redmond: Just a reminder you have three minutes. And the way the timer works is that light will start blinking when you're coming up your time to wrap up. Michael Byrnes: Thank you. David Redmond: Thank you. Michael Byrnes: Good afternoon Mr. Chairman and Commissioners, my name is Michael Byrnes. I live at 551 Susan Constant Drive, which is immediately adjacent to Mary Meyer's house. It is on the west side so I am 20 feet from this structure that has brought up to light with you here. I have many concerns. I also have some real questions about what was just presented to you and we will provide you with some additional information through our speech and with my wife's information. First I will say the issues here are rabies in First Landing State Park. There are animals and we have seen the animals grow from just seeing squirrels. There are now raccoons, opossums, foxes, and coyotes. I am a little concerned with the mess that bears are now popping up in Virginia Beach, and I think that is going to be a natural habitat for them. My concern with all this and I know Mary does do a good job of rehabilitating in this shed or this structure that she has, it is that this draws these other animals that are across the street. Where she doesn't see animals in her backyard and all over the fences, I don't know because we see them plenty of times. They are across the street and they are wandering. But for the most part they wander directly to her house because there is food left outside for these animals to eat, the wild animals. That causes us great concern. I've heard Mary and some of Item #2 Mary Meyer Page 12 her people that are with her at the house go out in the evening time and they clang dishes together. And we see foxes run down the street to the food. It is quite nerving. We feel that it scares many of our residents. Just to get back, I am on the civic league. I am one of the members, I am an at large board member for the civic league. We have had many issues. We have gotten her to tear down the original structure that she had that was placed in front of the house. If that is all the time I have. I have talked to the SPCA, and my wife will deal with this more. They do not use her. They in fact are going to write letters about her, and the state park does not use her because they have a contract with Virginia Beach SPCA. They are the only people that they send animals too. So there are a lot of contradictions here, and I'm sorry that I'm not getting through all of my presentation but I feel the neighbors are scared to take their garbage cans out at night because of the animals. We cannot walk our dogs sometimes. I don't believe when you see foxes circling around you with a dog. My dog might actually go after the foxes. So, there are real problems here that I feel I haven't discussed in the proper way. David Redmond: Your time has expired there so we appreciate your time. Michael Byrnes: Thank you very much. David Redmond: Are there any questions for Mr. Byrnes? Mr. Weiner. David Weiner: You talk about stuff left outside. Is that the front yard or the back yard? Michael Byrnes: We have seen it being distributed in the front yard. They would be across the street in the state park or the actual street. David Weiner: We rode by the house and we saw bird feeders and some other feeders outside. Michael Byrnes: I know they always used to put dog food out across for the animals. We had to stop walking our dogs in that direction because we find human food that is out there that our dogs would see at night, and they grab this bone and start chomping on it. I've had several neighbors that have voiced that concern that when they walk by their animals, their dogs find this other food that is around. David Weiner: Since you are on the civic league, has the civic league ever talked about doing something about it? Michael Byrnes: There will be a letter of opposition drafted before the City Council meeting. We did not have time and our president is not available right now. I did not feel proper without his signature bringing it to you all. I also am one of the board members on the North End Civic League and we had a meeting last night. There was a good amount of discussion about it and great concern this type of facility being located in a neighborhood at the north end of the Item #2 Mary Meyer Page 13 beach. A letter will be drafted for presenting to the City Council at the stage. This is a big concern for many people. David Redmond: So, I have a question for you. I understand your concern about food being left out for wildlife. I don't see what that has to do with her Conditional Use application that strikes me as a behavior that as a neighbor you might object too, but I don't know how that impacts on a heavily regulated activity like Wildlife Rehabilitation. They seem like entirely two different issues to me. Michael Byrnes: Truly, how regulated can this be? Are there people? Is the City going to be there? David Redmond: Hold on for a second. Michael Byrnes: Managing the waste? David Redmond: The question is what does leaving food out for animals in your front yard have to do with the appropriateness of her wildlife rehabilitation? I just don't see the connection. How is it connected? I understand the complaint. I just don't know what it has to do with this application? If my neighbor was leaving food in front of his house, I would have a word with him for sure, and I imagine you have as well. But I don't know how this would impact this application. Michael Byrnes: It goes with prior behavior. And if you're doing that outside of this Conditional Use Permit then I think you are doing things wrong within the Conditional Use Permit. David Redmond: Well, we're not judging prior behavior. We are judging the Conditional Use application. That is what we really have to focus on. Is the particular appropriateness with regard to the land use and the context in which it is presented? Michael Byrnes: I think it goes back to the SPCA not using her, the state park not using her. If these are stated things. David Redmond: I would have liked to have had them speak to that. Michael Byrnes: Well, I got the report at 5:00 on Friday. David Redmond: Are there any other questions for Mr. Byrnes? Okay. Thank you. We will hear from your better half. Welcome ma'am. Diana Byrnes: Hi, I'm Diane Byrnes. My concerns are about the safety of it. Mary mentioned that she has given rabies shots to the animals that are coming in. According to the state Item #2 Mary Meyer Page 14 guidelines for the Virginia Department of Health they do not recognize rabies shots for wild animal especially raccoons. If a raccoon bites you, they do not recognize the rabies shots more and you will still have to go in under a course of treatment for it. Rabies is very prevalent in raccoons in the area despite what she says. She may not have seen it. According to the report from them as well, the only way they can determine rabies in one of them is actually to euthanize it and check its brain for it. They can't tell by any of just having the animal being held aside for several days to observe it. And during that several days they may observe the animal after he bites you, you might already have rabies or you could not. I know she down played the rabies side talking about distemper when she was speaking with you, but that is a big concern to the majority of the people living in our neighborhood. My second is about her talking about the Virginia Beach SPCA. I spoke with Robert Gibson, the wildlife coordinator at the Virginia beach SPCA. She was originally mentoring under them. They dropped her from the mentorship program because she wasn't meeting their standards. She imprints with the animals. She had her children playing in the front yard with the raccoons. She's had friends carrying them around, different things, and different neighbors have seen it, including me. She may not do that anymore, but that was their reason for dropping her. I spoke with Barbara Gibson an hour ago. She has told me that the Virginia Beach SPCA will not refer people to her. The referral line was not referred, and she has two other referrals who will not, refer to them. In speaking with the state park, they only refer everything through the SPCA, so; once again, the SPCA will not be referring to her so that is not true. She is not getting referrals from them. She mentored under a lady named Pearl Beamer, a friend in Norfolk, and from my understanding from Barbara Gibson that is about the only person who still does refer to her except for outside commercial companies that may use her. Barbara Gibson has told me that she has sent a letter to the State Game and Wildlife that has licensed her to relook at things and do an inspection of her. They may have done that. I am not aware of it. She has had two raccoons in the last thirty days be in our backyards that she has mentioned that have escaped. In talking to Pearl Beamer who runs the other wildlife thing, she says that is very common for raccoons to get out. These raccoons were sitting on my deck and she came out with a large net trying to get them. They got in the water, swam across the water to another yard where there were three young children playing in the yard, ran around the yard, got in the water, swam again and went over to Bay Colony. So these raccoons have the ability to get around. That is very concerning to me as well as the fact that we can see the facility when looking out of the bedroom window. We can hear them. She is up at 4:00 in the morning. You don't' think we hear that when we're trying to sleep right next to that going on 20 feet from our window. My husband also has letters signed by about seven people in our community that are in opposition to this facility that he would like to give to you that he forgot to do. David Redmond: Helpful reminder. Diana Byrnes: Yes. David Redmond: And that blinking light unfortunately means that your time is up. Item #2 Mary Meyer Page 15 Diana Byrnes: I know. David Redmond: but we may have some questions. Does anybody have any questions for Ms. Byrnes? Mr. Thornton. Bob Thornton: You just mentioned the noise factor. Is there any odor? Diana Byrnes: There is no odor at this time but the facility has only been there a short time. We have big concerns about it. What will happen once it has been there longer? What is she going to do with animal refuse, whether she is just going to bring it out, throw it in the trash can, which the trash cans are outside the fence in front of the house, in front of our house as well, so that will draw raccoons and things. We don't know what happens to the animals when they die? Do they just get thrown in the trash can? Where do they get disposed of? Those are pretty big concerns to the neighbors. Bob Thornton: Thank you. David Redmond: If you can hang on a second. Ms. Gay, you had this question this morning about how various things are disposed of. Kristine Gay: Yes, the animal waste has to be wrapped separately from other refuse in a matter to prevent spillage prior to placing in the same refuse container. So she does have to follow Section 31.7 of our City Code regarding that. David Redmond: okay. Diana Byrnes: Basically it is in a plastic bag and put in a trash can which is just sitting out in the heat so where animals can get to the trash can. David Redmond: Any questions for Ms. Byrnes? No. Okay, thank you very much. Bob Thornton: Our next speaker is Peter Mooz? Welcome sir. Peter Mooz: I am two doors down from where this is going to be. I came in to underline what my neighbors may not have been willing to say about the situation. As the Planning Commission, you have records to show that this particular person put in a pool without a permit and there was quite much ado about it. She started doing this feeding and all of this and the animals, I think you asked the question, go back and forth to the road from the First Landing State Park all the time. I can hardly drive home at night without having to avoid one so we may have more dead animals than we have live ones if this becomes kind of a Mecca, to what is going on. We have a film of the raccoons all over the place. We have seen and I can testify under oath that feces from this are put in the canal, which is in the back of her house. The Item #2 Mary Meyer Page 16 problem is she can say that I'm going to have all of this done, her history is a horrible disregard for rules, like when we you a pool in and you can't feed animals, and all of that sort of thing. To answer your question, what it may have to do with it, Section 223 of the City Code states that no structure occupied by such animals shall be within a 100 feet of the property line of any adjacent lot. So, you're going to have to throw out that description in the city code or over rule it or do something like that. So, I think there is much more than meets the eye. And, a number of the things you heard today I know for a fact are not reliable. So, I think you have a big problem on your hands in making a decision. And believe me if there was one rabies case and someone died, you would all be responsible. Thank you. David Redmond: Don't go away. Are there any questions for Mr. Mooz? No?. Thank you. Peter Mooz: I might also say that the rules say that the animal waste must be put out every day, every single day according to the City Code. Are we going to have waste sitting on the front of her driveway every single day? They only pick it up once a week. And what about these volunteers? They are going to come and park all over the place. Already, she operates a very large business with people parking there on a regular basis, and we're going to have more cars? This as you know, is one of the most pleasant, calm dead end, nicest street in town. And it certainly this does not conform to the normal everyday what you would expect in that typical neighborhood, and that's your key. Would you expect this kind of activity and behavior to be going on in this type of neighborhood? David Redmond: Mr. Horsley. Donald Horsley: You said you can testify that you've seen waste thrown in the canal right behind her? Peter Mooz: She has an enormous dog with enormous waste and it goes in the canals. Thank you. Bob Thornton: We have no more speakers. It would be now Ms. Meyer's turn for rebuttal. David Redmond: Ms. Meyer welcome back. Mary Meyer: Thank you. Yes, I have dogs. You're welcome at any point today to go look at my pooper scooper, my trash can where it is kept, where it is collected and put in for sure pine needles but certainly no dog waste. Another thing is that I don't' have a pool. I have just a Jacuzzi that replaced another lacuzzi but I don't have a pool. Getting back to the first part, I guess, over hysteria. We live on Seashore State Park. Not only is Susan Constant full of raccoons, foxes, etc., but so is Goodspeed and the rest of the entire development. Since I've never done a fox today, we can't really meet on the foxes. They're wild, they are there. They are all over the place. And certainly no rehabiltator would put bones out across the street, nor Item #2 Mary Meyer Page 17 do I put food across the street. Yes, I have bird feeders. Yes, I have peanuts and really good stuff because I am a rehabber. We get a bag this tall (using hands) of gorp-worp crushed peanuts for birds and yes, we do feed them. let me just think. State safety. We are again working with the vets, the wildlife vets. We work with Waynesboro Wildlife Center on their protocol as far as what they are using as inoculation. We also work with Kentucky Wildlife, who solely does raccoons. I said they do over 300 a year. They have to microchip their raccoons when they come in to make sure that all of their injections, etc., are up to date. SPCA. That's funny. I'm getting a foster dog today. Yesterday I got a bird call, the day before I got a bird call. And I've got two raccoon calls. In the last ten days from SPCA. I've talked to the hotline, they continue to use me, and as I said, I am actually legal here as a foster for great Pyreness because I own one. It is for a short term foster of a Great Pyreness dog. Again, I'm below state numbers on the form below of dogs. Wrap up on waste? All of it goes into my trashcans. Dead animals, talk to Animal Control. They handle my dead animals. They handle my euthanizations of all the animals that need to be euthanized. They know me there as well. Yes, Pearl, is with who I work with. Sacred Hearts, we do an extensive amount of work together, I handle the triage for the mammals side and she handles all of the federally protected. She is the highest level wildlife rehabilitator in this entire state, except for Waynesboro. I know I am blinking. I don't have a pool. My business is run on Birdneck. I do have my secretary that parks there but I do have college kids. If you look at state records my business and most of my people work at Birdneck when it's during season. My secretary does work at my house and I can.. Peter Mooz: Outburst from audience. David Redmond: excuse me for a second. Please sir, do not interrupt us. She is speaking. Mary Meyer: The additional traffic is one secretary who follows me between the office on Jessen Drive off Birdneck Road versus my home. And that happened actually when I was pregnant with twins. David Redmond: Questions for Ms. Meyer? Ms. Oliver. Dee Oliver: Ms. Meyer, you just mentioned that you have a business off of Birdneck. Mary Meyer: Yes. Dee Oliver: For the animals? Mary Meyer: No. Surgical products. Dee Oliver: Oh. Mary Meyer: I'm an U.S. importer and distributor of surgical products. Item #2 Mary Meyer Page 18 Dee Oliver: Okay. David Redmond: That is what you do for a living. Mary Meyer: This is my volunteer work. Yeah. I do that to afford the shots for my raccoons. David Redmond: Understood. Mr. Weiner. David Weiner: Is there a rabies test you can give the animals? Mary Meyer: No, pre exposure. What they do if they say okay animal control, its rabies, they actually decapitated and test the tissue. Parvo and distemper, yes, there is a test. But as I said, three major rehabilitators one doing it almost 40 years, we haven't had rabies, not one case. Yes distemper. Yes Parvo. The one that is closest to the SPCA has tons of raccoons and foxes, and have never seen a case of rabies. David Redmond: Other questions for Ms. Meyer? Mr. Ripley> Mary Meyer: Yes. Ronald Ripley: Ms. Byrnes indicates that you are calling the wild animals some sort? Mary Meyer: That was crazy. Not at all. Ronald Ripley: Hold on a minute. I would like to ask the questions. You're dealing wild animals to feed them. You're attracting them purposely? Yes? Mary Meyer: I have enough wild animals in my house. Thank you. That I'm dealing on a daily basis. At one point during the depths of the summer, I put a big silver water dish for the wild animals to drink out of it. And also another fallacy is nobody had me tear down the cage in the front yard. There was no letter, there was no communication between Mike Byrnes and myself. I moved it. Ronald Ripley: Was that a yes or a no? Mary Meyer: Oh, I'm sorry. I do in the front of the house. I have nuts. Ronald Ripley: Would you remove those foods? Would you cease from doing that because you're actually for a Conditional Use Permit to treat these animals and it is a worthy cause and all of that but if you're attracting wild animals to the neighborhood, Mary Meyer: I don't do that. Item #2 Mary Meyer Page 19 Ronald Ripley: That the neighbors.... The purpose of a Conditional use Permit is just this, is it compatible in the neighborhood? Mary Meyer: Correct Ronald Ripley: That is what we are trying to evaluate here. Mary Meyer: Then everyone in the neighborhood needs to take down their birdfeeders. Ronald Ripley: We heard testimony that you bang lids. That is attracting foxes. Mary Meyer: Absolutely not. Ronald Ripley: You're saying no. Mary Meyer: I'm saying no. If you talk to people in Goodspeed, they got more foxes than we do, and as I've said, I've never even done foxes. Ronald Ripley: Thank you. Mary Meyer: Okay. David Redmond: Ms. Oliver. Dee Oliver: One more question. I would like to go back to here where the raccoon scaled and you're trying to get them back and things like that. Mary Meyer: Oh, the mother raccoon. Dee Oliver: How often does that happen? Mary Meyer: First time for me. And it was just the mother, and it wasn't two. It was one mother. What happened was I was transferring from-remember I was telling you all that there is a period of quarantine before they go to the big cag- and it was in a transfer with the mother and a baby between a quarantine cage and the main cage that she escaped. They are very quick intelligent creatures if they want to get out between the two. First time it happened to me. As a matter of fact, Mike was the one that helped me spot where the animal was going. Dee Oliver: Because raccoons can pretty much scale anything. Mary Meyer: They are fast. It was the first time for me. Yes it does happen as Pearl said from Federal. Are there any other questions? Item #2 Mary Meyer Page 20 David Redmond: Mr. Horsley. Donald Horsley: The facility you got back there, the screen in area, Mary Meyer: Yes. Donald Horsley: That is where you keep all the raccoons? Mary Meyer: The raccoons. Yes. There is another cage but it is just like a wire birdcage. Donald Horsley: Well, if you got him and he is quarantined, okay. Do you go in there? You are in the cage with them aren't you? Mary Meyer: Of course. An isolation cage is different. Donald Horsley: Are they all in the cage? Mary Meyer: The quarantine cage is one. You know those bigger bird cages that cage this long (using hands). It is just a standard bird cage. Donald Horsley: But it is not all within that structure? Mary Meyer: No. We have to keep them separate, the one right there with the top on it (pointing to Powerpoint). Donald Horsley: Okay. Mary Meyer: Although that dog house has been there a million years, it is getting torn down and taken away. That is the quarantine cage. David Redmond: Got it. Mary Meyer: But the actual shed today is in the main cage. But it was the transfer between the two cages which the mother got loose. Bob Thornton: So after they leave that quarantine cage, you put 8 or more in this big cage? Mary Meyer: There are eight in an 8 x 10 correct. Bob Thornton: 8 in there. David Redmond: And there are separate cages in that enclosure? Item #2 Mary Meyer Page 21 Mary Meyer: Right here you see these side structures, first there is a waterfall and next to the ramp is there sleeping quarters. There are three sets up sleeping quarters about ten feet like that (pointing to Powerpoint), and these corner structures are basically platforms. If you deal with raccoons, they love to layout near platforms. Near the bottoms you can't see but in here there are play toys, cat trees, some of the fun things. If you know anything about a raccoon, they certainly play a lot. So yeah, inside, it does have the sleeping quarters, it has an eating area and raccoons are like a cat, they eat, poop, etc., in a litter box. So you will see a litter box in there as well. David Redmond: Mr. Hodgson. Jeff Hodgson: Have you ever gotten bit by any of these raccoons when you go in there? Mary Meyer: No, no, no. They are fine. They are very gentle. And what they do as a matter of fact, the last six we have we have a period called wilding. Because when you have babies and you're feeding with a bottle, they become attached to you. The last six weeks you go into the cage, you clean it, you put the food down and you leave. So they start getting wild to the point they don't want humans. As a matter of fact, I should have brought up, we had these pans that you shake to scare them. David Redmond: Okay. He got his answer. Mary Meyer: Okay. David Redmond: I don't mean to cut you off. We are spending a lot of time here. Mr. Brockwell. Ross Brockwell: It just occurred to me from the shed we were showing, is it difficult to manage eight raccoons not escaping when you're opening the door? Mary Meyer: No, they are easy. They are only about his big (using hands - eight inches). What I do is I just open the door and shut it back in place. Those have never escaped. It is only the bigger mothers on the adult level that you have problems with. David Redmond: Go back to the photo of the raccoon if you would Kevin. Didn't you show us this morning? So they are that size (looking at PowerPoint - can be held in one hand)? Mary Meyer: Yes, that's the beginning. Yes, that's the baby. I get them anywhere from this size to probably that size. David Redmond: Can you come back to the microphone please? Item #2 Mary Meyer Page 22 Mary Meyer: when I start. David Redmond: Any other questions for Ms. Meyer? Mr. Brockwell. Ross Brockwell: I have a question for staff. David Redmond: Okay. Ask away. Ross Brockwell: Could you guys discuss, what are the mechanisms for ensuring that the conditions of the permit and the terms of the section in zoning are adhered on that? David Redmond: Karen Lasley. Karen Lasley: It is handled by our Zoning Enforcement and there is a very good zoning inspector assigned to this area. And if this is approved by City council, I will make sure that she gives these conditions attention and she will be in contact with the applicant to check on it periodically. And, the neighbors are free to call zoning enforcement if they see issue with it. We truthfully get a lot of help on enforcement from neighbors. Mary Meyer: They have all been to my house too in the last three months. David Redmond: Did that answer your question? Mr. Inman. Mike Inman: As a follow up to that, what would happen if you determine that it was noncompliant with the conditions and the Use permit if it was granted? Karen Lasley: First we always work with the applicant to try get them in compliance, and if that is not successful or if there is a continued pattern of not sticking with the conditions, we start the revocation of the Conditional Use Permit process where I write her a letter and say you have to at least give her 15 days notice, I think it is, and it would be back on your agenda and council's agenda with our recommendation and report on the problems to revoke the Use Permit. Mike Inman: Thank you. David Redmond: Is there anything else? Alright, thank you ma'am. Mary Meyer: You're welcome. David Redmond: We appreciate your time. And with that we will close the public hearing and open it up for discussion amongst the members. Mr. Weiner you had a lot of questions. Item #2 Mary Meyer Page 23 David Weiner: I'll start. I wish we could have seen more the civic league or them saying that the SPCA did not use her but we did not. I have to tell you that I commend Ms. Meyers. I think she is doing a great job. I got to say that banging pots and pans every fox or squirrel in that area and when they hear a loud noise, they run> they don't come to food. In saying that, I support her 100 percent. David Redmond: Mr. Inman. Mike Inman: I respect what Mr. Weiner has to say, but we are not a court and I don't think we have to rely on only what we heard today. I think we need to hear a lot more. I don't think we can just make a reasonable decision on this application without having staff give us more information from the SPCA. What are the facts with the SPCA? I got conflicting information about the SPCA as a referral source and any other referral sources. And we got to be concerned about the fact that this Use is going on without a permit and has been for some time. I just think there is a lot of concerns here and we need answers that we don't' have, and I would suggest that we ought to defer it for30 days and get some answers, and come back and have that information at our disposal. David Redmond: So my question would be what is the relevance of the SPCA question? The SPCA doesn't license her or any other rehabilitator. I don't care if the SPCA likes her or doesn't like her. To me, it doesn't seem to be relevant to her at all. Mike Inman: What about the licensing? David Redmond: Well, she is licensed. Mike Inman: How about the people who license her? David Redmond: What about it? Mike Inman: What about it? David Redmond: She is licensed. Mike Inman: I would like to hear what they have to say about her history. David Redmond: Okay. I don't understand what the relevance of the SPCA question is to banging on pots and pans to leaving food out for something else. If this Conditional Use Permit is denied or approved, she is probably going to continue to do the same thing because she can realistically with leaving water out or peanuts or anything else, so I think we ought to and keep this really focused on the application and whether or not it is an appropriate use, and there are question about that without bringing in extraneous matters like what she might do in the front Item #2 Mary Meyer Page 24 yard is very frankly completely irrelevant to a Conditional Use Permit application. When it is disturbing for my neighbor when they are feeding animals in front of their house, I would be ticked off about it, I just don't know what it has to do with the CUP. Ronald Ripley: I think that's the crusts of it. Does it fit in the neighborhood? You have neighbors that are complaining that this is a use that is being injected in the neighborhood when it was never intended to be. I live in an area and many of you have been down where I live and it is a wooded area, there are foxes and raccoons down there. I feel for them too with my dogs and cats and whatever. The fox show up and there are no rabbits anymore, these things, and if you're attracting them. It is one thing to live with them and I think the fact that these people chose to live in this a particular area next to the state park, they are going to have part of that. That's part of what is going to happen here. But attracting them and trying to be a focal point to make them come in to eat, they will come in to eat. The raccoons will get in and wreck my trash cans, and I'll have to catch them and get them out of there. Once they decide there is food, they will just be back night after night, after night. If you don't bang cans, and they know there is no food there, they won't show up. So, I think the neighbors have genuine points here and I think I'm concerned that this lady is not very genuine as to her intent. She wants to rehabilitate these animals. I think that is wonderful but she - it looks to me would like - to do more than that, and maybe that is the nature of the way she is, which is fine. I am not being critical of that, but I don't think she is trying to be compatible to the neighborhood as much possible and I think that is my real concern, so I'm contemplating and I won't support it, but I'm not sure. I think Mike has an idea here, and if we had more information because we haven't denied one of these yet, I don't think but we have had a situation where the neighbors have been this vocal either, that I can recall. Maybe someone can enlighten me but I don't remember that. Mike Inman: Mr. Chairman, I would like to make a point that on a lot of applications we expect the applicant to go to a civic league, go to neighbors, and her case, to go to them to ask for support or to do nothing or sometimes, they end up opposing, but there doesn't seem to have been a current dialogue initiated by the applicant and with the civic league about her application. David Redmond: Mr. Horsley. Donald Horsley: I'll say my two cents. I visit wild life rooms quite frequently. We don't have rehabilitators out there that I know of but I respect those people who do that. I think we had approved a major rehab recently off of Salem Road. Didn't we Jack? Jack Whitney: Yes sir. Donald Horsley: For doing things like this. To me, this site activity just does not belong in a residential area like we have there. I know we've passed some but we didn't have Item #2 Mary Meyer Page 25 neighborhood opposition. There is no way I can support this activity with the neighborhood opposition that we've got and knowing that animals are drawn around. Even if they are caged they still draw other animals. Wildlife can get to be like that. People like squirrels, but they can be ruination of your home if they get in it. So, I just don't' think this neighborhood has to put up with this, so I will not be supporting the application if we vote on it today. David Redmond: Is there anybody else? Jan Rucinski: I just have a question about the revised conditions that we got. Number six was added to limit the possibility of further attracting by not providing the bird feeders and the receptacles. I thought I heard indicated by the neighbors that she is doing that, and she is not. She was going to continue to do that? David Redmond: Let's be clear. That was something Ms. Oliver had discussed. There is no agreement that was going to be part of this. Jan Rucinskl: Okay. David Redmond: if you want to bring it up that would be fine. 1an Rucinski: No. I think that she already stated how she felt about that anyway. David Redmond: Are there any other questions? Is there any discussion? I disagree with many of you. I think the objects that have been noted are things that have nothing to do with. As Mr. Ripley says, they have to do with behavior that some of you look at as neighbors but I don't think it has anything to do with the substance and the thrust of this application, which is the rehabilitation part. It is properly licensed. Staff has been out, inspected it. No odor, no flies. No rodents. It is difficult and we see it with cell phone towers. The folks next to the cell phone towers. They don't like those. There is always going to be some tension in a lot of the applications that we see, but the things that seem to the greatest amount of concern and anger have to do with is not having a front yard not that which is the subject of the Conditional use permit application. And if this Conditional Use Permit application is denied, then it will have no effect whatsoever on her behavior in the front, so, I don't think that is going to be resolved in the context of this Conditional Use Permit. That is something that is just going to have to be a conversation continuing between neighbors, which is never easy, and I understand all of that. But that's the way it is in my view so, I haven't seen anything in this application to where I believe she is a bad rehabilitator. And, that is really all I see in this. I don't want to blow it up in to at something. I don't care whether the SPCA does or doesn't work with her. It doesn't strike me at all as relevant. There are other things that have been raised that are I think are important but I don't think they rise to the level where it would cause us to deny it. She seems like she's performed the Use well, and I am utterly unconcerned by the fact that she operates now without a Conditional Use Permit. Half the churches that operate in shopping centers that we Item #2 Mary Meyer Page 26 see operate because they really didn't need a Conditional use Permit, and I never treat that as some sort of ill intent on their part. I think these folks have some legitimate objections. They don't seem to be the type of things that apply to the subject of the Conditional Use Permit. So, I'm going to support the application. If someone is to make a motion to deny it, then I'm going to oppose that. Jeff Hodgson: I'm sitting here listening to both sides of it and I can see both sides and I think she is doing great work with on what she is doing, but 1 think, 1 got a seven year old at home and I'm trying to figure if my immediate neighbor, whose house is 15 feet from mine, was doing this, would I be concerned about my son's safety. We got small dogs, but I'm more concerned about my son. If one of these things got loose and potentially. I know she answered my question about rabies when your there, and I thought I knew, but from what Mrs. Byrnes, said the only way to test for rabies was to actually check the brain tissue I don't know how that is being done on side right now. I had an experience with a raccoon on my front porch and when they showed up to remove it they told me right then and there that it was positive it had rabies because the way it was chewing on its foot and it was kind of looking in space and being aggressive. I'm torn as to whether we have rabies or we don't' have rabies here, or if we can test for it or we can't test for it. I'm also thinking about the feedings at night. I hear they have to be fed three times or every three hours. But I was looking at it, as it is done outside, in the facility and you have your bedroom window next door, I can imagine something in there at 2:00, and then 5:00, and then 8:00, there is going to be some noise associated with that. So I am really, really, really, on the fence on this one, probably more than I've been on anything in a long time. What Mike said about having some more information on it, I don't think is a bad idea because for me I think there are some unanswered questions that I don't have. At this second, I don't know which way I'm going to push that button. David Redmond: Ms. Oliver. Dee Oliver: I have to say that I agree with you as far as the Conditional use Permit goes and all of that. Once I saw that shed and realized there are eight raccoons hanging out inside and framed in little shed from the back that unnerved me a little bit, the fact that she is in and out. I had assumed that all of these animals were individually caged and that they were locked and secured. I just think the opportunity for a raccoon to get out when she is in and out and she's got eight and they are in a cage like this, and I know you have been doing this for some time, and then you find one on the other side of the neighbors deck and she is chasing it with a net. I've got children. It is just too close to the children, to the other people and that concerns me. David Redmond: You saw where these folks live. Believe there is plenty of wildlife crossing that deck. Dee Oliver: I know that. I get that, but we're talking about the way they are contained assumed that they were caged individually. Item #2 Mary Meyer Page 27 David Redmond: Mr. Weiner. David Weiner: How can we judge something that we don't know? Has anyone ever been in a cage with a raccoon before? I don't even know how they are going to act. How do we know that if we open the door they are going to run out? How do they know she has food there? They are not going anywhere. They are going to go where she has food. We all know that. My neighborhood has raccoons, opossums, foxes and I live near a swamp, and as soon as you walk outside and see them they run. They don't run towards you to scratch you they run from you. That is my take on it. I just don't see how that has anything to do across the street. Like I said, I think she is doing a great job for what she is here for this application and she is licensed. I think she is doing a great job. David Redmond: Mr. Inman Mike Inman: I make a motion that we deny the application for the reasons that you heard. I don't think we have enough information, if others are interested in a deferral, I will be open to that but I will start with a motion to deny it. It is an inappropriate Use of this particular environment. Ronald Ripley: I'll second it. David Redmond: There is a motion on the floor by Mr. Inman and seconded by Mr. Ripley to deny the application. Is there any discussion on that motion? Mr. Weiner. David Weiner: What other information would we be looking at? I'm just curious what other information would we be looking for? Michael Inman: I would be looking for information from staff about her history of annual review by the licensing agencies, on whether there are any negative remarks or not about her operation. I do think it is relevant to have information from her referral sources as to why, if in deed, they are not referring to her. There is a conflict as to whether they are or are not referring to her. If they are not, why are they not? Is there a legitimate basis for that? And, it could all go in her favor. I might find out there are no issues there. We don't' know. That is the trouble. We don't have enough information. David Weiner: Can I ask staff that? David Redmond: you may. David Weiner: Can we get information? Item #2 Mary Meyer Page 28 Stephen White: Certainly. We will do our best to get the information. The first part should be very easy, the second part might be a little more difficult in terms of the licensing the comments made by the wildlife. That's easy to get. David Redmond: Okay. Bob Thornton: May 1 make a comment? David Redmond: I would ask folks to think about it to be wise to defer it and get these pieces of information. And maybe that is instructive. I will say this. I like to hear that if there is going to be some input from the SPCA, I don't want to get it second hand, no offence folks, I want to hear it from the SPCA. So one time, I talk to the SPCA, no, he says, she says, you know. If they have some stake in this, I would think they would be here and be stating that case. I haven't seen it so I am a little frustrated frankly because we're making judgments based on people who are not hear to express their views and that strikes me as kind of unfair to the applicant, but anyway, so, Mr. Thornton? Bob Thornton: I tend to be in the side with Mr. Ripley and Mr. Horsley. I think we are dealing with a Use is a not here; that we have to look at the appropriateness of the behavior of this activity in this neighborhood. I for one don't' think it is appropriate to have these wild animals in a cage in a residential neighborhood and if we get into a discussion about the authencity of the inappropriate Use, it is kind of wasted time. So, I'm in favor of the motion and the second. personally think this is a very inappropriate Use for the neighborhood to spend time judging or venting whether it is a good or inappropriateness use or not, I don't think we need to go there. But those are my comments. David Redmond: Mr. Weiner, did you want to make a substitute motion or do want to go ahead. David Weiner: I make a motion to defer it until we find out more information that Mr. Inman would like to see, also. David Redmond: So there is a substitute motion offered by Mr. Weiner to defer the application. Correct? David Weiner: Correct. David Redmond: Is there a second? No? Okay. So, the underlying motion is the motion by Mr. Inman and seconded by Mr. Ripley to deny the application. Last chance folks! Okay. Mr. Weeden, let us know. Item #2 Mary Meyer Page 29 AYE 7 NAY 4 ABS 0 ABSENT 0 BROCKWELL NAY HODGSON AYE HORSLEY AYE INMAN AYE OLIVER NAY REDMOND NAY RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER NAY Ed Weeden: By a vote of 7-4, the Commission has denied the application of Mary Meyer. David Redmond: Okay. Thank you all. ? ? ? ? C ? ? 4 ? ? W ? ? G ? 1 L O *t i 0 ? ? ? 40.. a ? U ? 0 ? 0 ? a d ? ? a ? ? ? ? ? u? 3 ?i N? . I 4 7 ?+ t CITY OF VIRGINIA BEACH AGENDAITEM . ITEM: ONE SHOT TATTOO (Applicant) / George G. Leitz (Owner), Conditional Use Permit (Tattoo Parlor). 1764 Independence Boulevard (GPIN 1479240082). BAYSIDE DISTRICT. MEETING DATE: August 19, 2014 ¦ Background: The applicant is requesting a Conditional Use Permit to allow a tattoo studio within an existing commercial strip center fronting Independence Boulevard. The applicant proposes to occupy approximately 1,300 square feet of the 10,670 square foot center that is zoned B-2 Community Business. Uses along Independence Boulevard in the vicinity of this application include commercial, office and repair facilities. Other uses occupying the strip shopping center on the site include a barber shop, air conditioning repair business and a small engine repair facility. ¦ Considerations: The proposed tattoo parlor will consist of six employees including tattoo artists, counter staff, and management. Tattoos will be given by appointment, and a customer will go through a counseling session prior to receiving services. Additionally, customers will be given extensive after care counseling and healing guidelines. The proposed hours of operation will be from 10:00 a.m. to 10:00 p.m., seven days a week. Services will only be provided to adults 18 years of age or older, regardless of parental authorization or attendance. 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. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. ONE SHOT TATTOO Page2of2 2. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. 4. The service of tattooing shall only be available to individuals over 18 years of age regardless of the authorization or attendance of a legal guardian. 5. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A permit shall be obtained from the Planning Department for the installation of any signage. 6. The parking area shall be restriped to conform to the submitted site plan prior to the issuance of a Certificate of Occupancy. A permit for the restriping work shall be obtained from the Planning Department, Permits and Inspections Division. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commissior, recommends approval. Submitting Department/Agency: Planning Department City Manager: ? Vao• F.-3 One Shot, L.L.C. MAb( W Scek R15 62 . 82 ? B1 1 1 o B2 . 62 .112 gl -_ ?N?,oFNO? w. ? t 63 Rao ? t ?o . Rio 62. . B2 9 July 9, 2014 Public Hearing APPLICANT: ONE SHOT, L.L.C. PROPERTY OWNER: GEORGE G. LEITZ CUP /or Tattoo Parfor STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit for a Tattoo Parlor ADDRESS / DESCRIPTION: 1764 Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14792400820000 BAYSIDE 44,412 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backaround: The applicant is requesting a Conditional Use Permit to allow a tattoo studio within an existing commercial strip center fronting Independence Boulevard. The applicant proposes to occupy approximately 1,300 square feet of the 10,670 square foot center that is zoned B-2 Community Business. Uses along Independence Boulevard in the vicinity of this application include commercial, office and repair facilities. Other uses occupying the strip shopping center on the site include a barber shop, air conditioning repair business and a small engine repair facility. Details: The proposed tattoo parlor will consist of six employees including tattoo artists, counter staff and management. Tattoos will be given by appointment, and a customer will go through a counseling session prior to receiving services. Additionally, customers will be given extensive after care counseling and healing guidelines. The proposed hours of operation will be from 10:00 a.m. to 10:00 p.m., seven days a week. Services will only be provided to adults 18 years of age or older, regardless of parental authorization or attendance. ONE SHOT, L.L.C. Agenda Item 9 Page 1 The submitted floor plan depicts a retail sales area at the front of the unit that will consist of a guest sign in and appointment desk, waiting area and sales display area. Behind the sales area there will a space for four tattoo stations, two private tattoo rooms and an area reserved for a drawing desk. The areas reserved for tattoo services will not be visible from the sales area. At the rear of the unit there will be offices, ADA complaint bathrooms, a sterilization room and utility room. There are no changes to the exterior of the building proposed with this application except that a small metal sign will be placed on the existing awning. Two small planters will be placed at either side of the entranceway to soften the building fagade. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements retaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial strip center SURROUNDING LAND North: . U.S. Post Office / B-2 Community Business District USE AND ZONING: South: • Independence Boulevard • Commercial Use / B-2 Community Business District East: • Automobile Repair Facility / B-2 Community Business District West: • Lawson Road • Cellular Tower / B-2 Community Business District NATURAL RESOURCE AND A majority of the site is developed with a commercial building, CULTURAL FEATURES: paved parking surface and gravel storage yard. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant cultural features associated with the 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 infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, wither 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) ONf SHOT, L.L.C. Agenda It+em 9 Pa?? 2 ` IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard in the vicinity of this application is considered a four-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service F. No roadway Capital Improvement Program projects are slated for this area. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Independence 42,652 ADT 17,300 ADT (Level of Existing Land Use - Boulevard Service "C") 49 ADT 3 27,300 ADT' (Level of Proposed Land Use Service "D") - 60 ADT 31,700 ADT' (Level of Service "E" Average Daily Trips Zas defined by a specialty retail establishment 3 as defined b a tattoo parlor WATER & SEWER: The site currently connects to City water and sewer. EVALUATION AND RECOMMENDATION The proposed conditional use request for a tattoo parlor is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area and is acceptable. The proposed tattoo studio will be located in 1,334 square feet of lease space in a commercial strip center. The site is located on a portion of Independence Boulevard that consists mostly of commercial and office uses. The Zoning Ordinance requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This proposed location is located over 600 feet from Hermitage Elementary School to the north and the closest residentially zoned district to the south. A graphic is provided with this report that depicts the distance from the nearest residential or apartment and nearest school. In addition to meeting the requirements of the Zoning Ordinance, the applicant has agreed to abstain from providing services to any individual under the age of eighteen, regardless of parental authorization or ONE SHOT, L Agenda If PC ? .L.C. 6M 9 & 3 attendance. There are minimal changes proposed to the exterior of the building, and therefore the addition of the tattoo parlor at this location is not expected to be detrimental to the character of the surrounding area. Before the applicant can obtain a business license to operate, the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. The parking configuration of the site currently does not meet the off-street parking requirements as per the Zoning Ordinance or ADA requirements. The applicant has worked with staff to develop a new striping plan that meets all zoning and ADA requirements, and a permit for the work must be obtained from the Planning Department, Permits and Inspections Division and all work completed, prior to the applicant receiving a Certificate of Occupancy. Condition 6 is recommended to address this issue. For the reasons stated above, Staff recommends approval of this application subject to the conditions below. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. 4. The service of tattooing shall only be available to individuals over 18 years of age regardless of the authorization or attendance of a legal guardian. 5. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A permit shall be obtained from the Planning Department for the installation of any signage. 6. The parking area shall be restriped to conform to the submitted site plan prior to the issuance of a Certificate of Occupancy. A permit for the restriping work shall be obtained from the Planning Department, Permits and Inspections Division. ONf SHOT, U..C. Y Agenda Mm 9 ? PA'* 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitfed with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permifs 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 fhis Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Departmenf for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ONJE SHOT, 4.C. i Agenda If ; , 9 ' P? 5 % • ! / ';? ?, !! S1 F . '?' 1F•`? ? - !??` k .: ? . ,. m. ` r . ? ?1 fU.q ?. ? . r } ti? o .? •? ? . ? AERIAL OF SITE LOCATION ONE SHOT, L.L.C. Agenda Item 9 Paae 6 4-t??,L.t.r'.?,? VINtDtlIA 'H7Y38 YINIDtlIA = ¢ 'QA7fl 8?NIaN3d3QNI 9LL1-09L1 0? ?5 2I03 NVZd `JI?iIx2ldd W a s? F?y < F? ?: _? `1 E O ?.. ? ?e+? nn?g s ? ? I ? a ? c ? vi ? ? h 61? -'? ?r <<? ? ? j ?'??P•G,p,y? ?4 --?-r.- i I 1 •?f` ?.' /C z J Q / a W F- ? ? LU Q_ PROPOSED SITE PLAN ONE SHOT, L.L.C. Agenda Item 9 Dono 7 j RENDERING OF BUILDING EXTERIOR ONE SHOT, L.L.C. Agenda Item 9 Paae 8 ?? ?? F aUR NA??.y(? Yy? ?p T . ? RENDERING OF STOREFRONT ONE SHOT, L.L.C. Agenda Item 9 Page 9 i ? ? ? PROPOSED FLOOR PLAN RENDERINGS OF INTERIOR SPACE E SHOT, L.L.C. Agenda Item 9 Page 11 A o I :'"?,`e?i?'ii F ?u.a Npt?C? _ RENDERING OF INTERIOR SPACE '41 ONE SHOT, L.L.C. Agenda Item 9 Page 12 ? i -QUR.,NA`xo?? ?a? b ? _ V Ay??pt'? ? ? $ p a : ac}o- e L . a S <'dM. L •V A0 , j- ` ,p a ,? ?b ?ze ?s • ? , a`n ? ? V ? a E ? .? tl ?, od-QZO. J tl ? D `bs i \ • -o ?G o F_t ?E = ? y - -%?? •. . y d'yl . `9N ? ? > . 1?"?V _? ? » ,o m?nr ?o aa ?: b :- ,., LQ - df' ?. •: i ? • p.e m d ? ? ? 'Q .9 ?,? ? ??rJ a a ?\ ? a? G 1 o ? No A2; ?C ? ??j ? ? ny'?4ss-.c? ?• ???` ? . ? Z >A A a° `s o 'S? F u E G "?t„c1ePe?J ?o PbA?o?pei?' - ?????dRd q4tl \ b I ?, --- ? ?o - GRAPHIC SHOWING 600 FOOT RADIUS ONE SHOT, L.L.C. Agenda Item 9 Page 13 , ?° ° . BAYSI DE eN __ _ ri_ __.. r T r r.--i , ro I h 0 19;2 ? 5 2 t - s -_ (_ S ? i ? R40 0 ? ? O I 132 ? 82 ? / _?Nc F ! e<<'o ?4 ?r ning wJth CondMonsProHen. Opsn Space Promotbn I ` B CUP for Tattoo Parlor ZONING HISTORY # DATE REQUEST ACTION 1 08/26/2008 Conditional Use Permit Motor Vehicle Sales & Service A roved 2 03/11/2008 Conditional Use Permit Reli ious Use A roved 10/02/2001 Conditional Use Permit Reli ious Use A roved 3 01/08/2002 Modification to Use Permit Cellular Tower A roved 06/09/1998 Conditional Use Permit Cellular Tower A roved 4 03/23/1999 Conditional Use Permit Carwash A roved 09/13/1994 Conditional Use Permit Automobile Repair A roved 5 08/22/1995 Conditional Use Permit Automobile Re air A roved 6 05/23/1993 Conditional Use Permit Automobile Repair A roved 7 06/25/1984 Conditional Use Permit Small En ine Re air A roved 8 04/23/1984 Conditional Use Permit Small En ine Repair A roved 9 10/10/1983 Conditional Use Permit (Small En ine Repair) A roved ONE SHOT, L.L.C. Agenda Item 9 Page 14 'i APPLICANT DiSCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foilowing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, stc. below: (Attach list if necessary) One Shot, LLC Donaid Rockwell, president 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (At#ach list if necessary) One Shot, LLC T/A One Shot Tattoo F] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER D1SClOSURE Comp/ete fhis section on/y if property owner is different from applicanf. 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: (Aitach list if necessary) George G. Leitr 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach list if necessary) o Check here if the property owner is NOT a corporation, partnership, frm, business, or other unincorporated organization. & See next page for foofnotes Does an offcial or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No M„ If yes, what is the name of the official or employee and the nature of their interest? ? M ? . ? E M ` ? . I r ? ? t ? ? F M F ? F ? ? M ? M ? ? ? ? DISCLOSURE STATEMENT ONf SHOT, L.L.C. u= Agenda Item 9 P ?? `g ? ? ? ? i 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 senrices, and legal services: (Attach list if necessary) Robyn Thomas Architecture P.C F.Sullivan Callahan Attorney at Law Monarch Bank Financial Services VA Accounting Services and Bookeeping '"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 Loca! Govemment Conflict of Interests Act, Va. Code § 2.2-3101. i ? ? ? ? ? ' 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controNing 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 othen,vise share activities, resources or personnel on a regular basis; or there is othervvise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATlON: 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 properry 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.VleW 1hesite-for purposes of processing and evaluating this application. Applicant's Signature•' Print Name , ? ? ?-?_ C)?a s ? ; ?z , - Property Ownet's Signatur6 (if differeh?han applicant) DISCLOSURE STATEMENT ONE SHOT, L.L.C. Agenda Item 9 Page 16 Item #9 One Shot Tattoo Conditional Use Permit 1764 Independence Boulevard District 4 Bayside July 9, 2014 CONSENT An application of One Shot Tattoo for a Conditional Use Permit for a Tattoo Parlor on property located at 1764 Independence Boulevard, District 4, Bayside. GPIN: 14792400820000. CONDITIONS 1. A business license shaii not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. 4. The service of tattooing shall only be available to individuals over 18 years of age regardless of the authorization or attendance of a legal guardian. 5. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A permit shall be obtained from the Planning Department for the installation of any signage. 6. The parking area shall be restriped to conform to the submitted site plan prior to the issuance of a Certificate of Occupancy. A permit for the restriping work shall be obtained from the Planning Department, Permits and Inspections Division. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 9. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE item #9 One Shot Tattoo Page 2 HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission recommended approval of item 9 by consent. The applicant Don Rockwell appeared before the Commission. ? ? .^ c •pm C? IN ? ? ? C. .,. Z 4 ? ? ? 4 ? C A M r G I p ? W ? ? ? ? O 4 U co ? tD w ? O ? L ? a ? U C O •., w O ? a ? ? ? a ? ? Ca ? e ? c 0 a e 0 c? ? cr, ? C N . "'j^,t1 ( ? ?? ?~1 ti') ?,Zl 1 ?,,,r,,.;• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIDEWATER MEDICAL TRAINING (Applicant) / NORTHAMPTON EXECUTIVE CENTER, LLC (Owner), Conditional Use Permit (Vocational School). 1300 Diamond Springs Road (GPIN 1469116333). COUNCIL DISTRICT - BAYSIDE. MEETING DATE: August 19, 2014 ¦ Background: The applicant requests a Conditional Use Permit to occupy approximately 5,000 square feet within an existing office building for a medical training facility. The site is located at the corner of Diamond Springs Road and Northampton Boulevard. ¦ Considerations: The proposed vocational school offers fully accredited Certified Nurse Aide and Medication Aide programs. Typically, classes will be offered Monday through Friday, from 9:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 10:00 p.m. According to the application, no more than 30 students would be attending class at any one time and up to 11 staff members will be employed on site. No expansions or exterior alterations to the existing building are proposed with this request. 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 10-0-1, to recommend approval of this request to the City Council with the following conditions: 1. A Certificate of Occupancy, as required by the Building Official's Office, shall be obtained prior to occupancy. 2. Maximum occupancy of classroom size shall be set by the Building Official's Office. 3. All signage related to this use must be in accordance with sign regulations outlined in the Zoning Ordinance and must be in substantial compliance TIDEWATER MEDICAL TRAINING Page 2 of 2 with the design, color and location of the submitted sign exhibit entitled, "Exterior Building Sign Design." The sign shall be constructed of raceway- mounted channel letters with L.E.D. illumination. 4. The proposed awning must be in substantial compliance in design, coloring and location of the submitted awning exhibit entitled, "Awning Design." 5. In the event that the existing large evergreen shrub/tree located on the southeast fagade of the building is removed, evergreen shrubs shall be installed along the fagade in order to create a continuous hedge. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. , Submitting DepartmenUAgency: Planning Department A City Manager. -z? ?, V LAYS,DE ?• m+ Tidewater Medical Training R7.5 _ , - Bz RSD ,?p?' 02* . ,_ --_ es? ? R40 " 72 iI. '«+a ? c«.sw+i..iw.. w- sa-. ^.Twa^ CUP for VouGonal School 4 July 9, 2014 Public Hearing APPLICANT: TIDEWATER MEDICAL TRAINING, RUSSELL SMITH PROPERTY OWNER: NORTHAMPTON EXECUTIVE CENTER, LLC STAFF PLANNERS: James McNamara and Carolyn A.K. Smith REQUEST: Conditional Use Permit (Vocational School) ADDRESS / DESCRIPTION: 1300 Diamond Springs Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14691163330000 BAYSIDE 6.97 acres Less than 65 d6 DNL 5,000 square feet lease space BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to occupy approximately 5,000 square feet within an existing office building for a medical training facility. The site is located at the corner of Diamond Springs Road and Northampton Boulevard. The proposed vocational school offers fully accredited Certified Nurse Aide and Medication Aide programs. Typically, classes will be offered Monday through Friday, from 9:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 10:00 p.m. According to the application, no more than 30 students would be attending class at any one time and up to 11 staff members will be employed on site. TIDEWATER MEDICAL TRAINING Agenda Item 4 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office building and parking lot. SURROUNDING LAND North: . Virginia Agricultural Experiment Station / B-2 Community USE AND ZONING: Business District South: . Northampton Boulevard • Office uses / 0-2 Office District, B-2 Community Business District East: • Northampton Boulevard • Office uses, office warehouse / 0-2 Office District, B-2 Community Business District, Conditional I-1 Light Industrial District West: . Diamond Springs Road • Restaurant, office warehouse / Conditional 0-2 Office District, B-2 Community Business District, I-1 Light Industrial District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As the parcel is CULTURAL FEATURES: developed with an office building and parking lot, there will be no impact on natural resources or cultural features. COMPREHENSIVE PLAN: The Comprehensive Plan and Northampton Boulevard Corridor Strategic Growth Area Implementation Plan (Burton Station SGA Plan) designate this area of the City as within the Burton Station SGA. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The MTP proposes a six-lane facility within a 150-foot right-of-way. No roadway CIP projects are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Diamond Springs 28,247 ADT 28,200 ADT (Level of Road Service "C") - 30,600 Existing Land Use z- (Level of Service "D") - 47 ADT 32,800 (Level of Proposed Land Use 3 Service "E" ADT' 36 ADT Average Daily Trips Z as defined by a 4,255 SF Office 3as defined b a vocational school with 30 students TIDEWATER MEDI , CAL TRAIMING Agenda It±6m 4 Pa6e 2 WATER: This site is currently connected to City water. The existing 1.5-inch water meter and existing fire meter. There is an existing 12-inch City water main along Diamond Springs Road, an existing 20- inch City water main along Northampton Boulevard and an existing 12-inch City water main extending into the site from Diamond Springs Road. SEWER: This site is currently connected to City sanitary sewer. There are two existing 10-inch City sanitary sewer gravity mains along Diamond Springs Road. There is an existing 20-inch HRSD force main and a 48-inch force main along Diamond Springs Road. EVALUATION AND RECOMMENDATION The applicant requests a Conditional Use Permit on this B-2 zoned property in order to occupy up to 5,000 square feet of an existing office building for a vocational school. No expansions or exterior alterations to the existing building are proposed with this request. Building signage is planned that, in Staff's opinion, is attractive. A condition is recommended below that the building signage be reflective of the exhibit submitted and that all signage conform to the requirements of the Zoning Ordinance. There is an abundance of parking spaces on the site. A 5,000 square foot general office space requires roughly 15 parking spaces, equal to the number of parking spaces required by the Zoning Ordinance for a vocational school. No negative impacts to existing infrastructure are expected as a result of this proposal and it is Staff's befief that the Conditional Use Permit for a vocational school is consistent with the Comprehensive Plan's land use policies regarding compatible development of the Burton Station SGA, and with the surrounding zoning and land uses. Subject to the conditions below, Staff recommends approval. CONDITIONS 1. A Certificate of Occupancy, as required by the Building Official's Office, shall be obtained prior to occupancy. 2. Maximum occupancy of classroom size shall be set by the Building Official's Office. 3. All signage related to this use must be in accordance with sign regulations outlined in the Zoning Ordinance and must be in substantial compliance with the design, color and location of the submitted sign exhibit entitled, "Exterior Building Sign Design." The sign shall be constructed of raceway-mounted channel letters with L.E.D. illumination. 4. The proposed awning must be in substantial compliance in design, coloring and location of the submitted awning exhibit entitled, "Awning Design." TIDEWATER MEDI ?? 5. In the event that the existing large evergreen shrub/tree located on the southeast faCade of the building is removed, evergreen shrubs shall be installed along the faCade in order to create a continuous hedge. NOTE: Further conditions may be required during fhe administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during defailed site plan review to meef all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / 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 wifh fhe 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. ?..?, TIDEWATER MEDICAL TRA Agenda IN?NG .. t?'n 4 ?4?e 4 ? i .,?.: ,.. ,;?. .., ' . 9 .: I AERIAL OF SITE LOCATION TIDEWATER MEDICAL TRAINING Aaenda Item 4 ? ?? ?f ??? (Lr ? te1 enI '°$?s:?.s.. .. ? ?. • 7T lOlN37 WLLf031f3 NO1dIlYHLlqN _}.. -z- :?,? ?! ' ? . . . ? • .. . ?n ./ y ? ' ' , ? ?•... ° ..: .? . . • ti, ; ?? ea=M! . i i ? , . . / ? . ?ta4?" I z ? % . . .f'' j: t ? -. ? ? t #( ?! i ? ~. ` '? - `. ``'-i • ? ? ? ? ? .? ? 4T ? '" ? ' •!?% i fa,• 'I ? I?J ._ ?_ ? _ _? ?? • 2 ?I i '`? "J ? ?. • ?}_.. TI RtJ? ' l I? s,,¢ ?? ? s•?? , Y.$ : . ?. ? .I A . s??\ .. `k, %. ? ' ? 'ai .? f-?•?7.. ? i (, i : ? ti??? ••?? - ? ',? `?_- ?? ?t? • ? f 7 r 4. „'• ,\?? ' ?ri i ???` . . i (Ji ,a ?t , \ ? s > ? .. . ? ; . . . ii l e . u - << dd ? y A .. s ` a a PROPOSED SITE PLAN ?, . -:?- ?: TIDEWATER MEDICAL TRAINING Agenda Item 4 Paae 6 ?. F 6trp N?? PROPOSED BUILDING IDENTIFICATION SIGN TIDEWATER MEDICAL TRAINING Agenda Item 4 ????~? ? ? III (D ? z 41) i ? ? ?J Q ? L] . ?¦y - 0 E"? W ? i oo. PROPOSED AWNING SIGN • ..K??-_.. II I TIDEWATER MEDICAL TRAINING Agenda Item 4 ? Page 8 ? 'i ? ? ?,,?...n,.,..._._ . , ..,.,,. ..t ,--_ .-. Tidewater Medical Training CUP Application kR ?b CONCRET£ 1'" ,r ?? O h ,7 5?' 40' , ? h ? J TRANS. Q I 1 sraQr &Wcx OUTDOOR SIGN LOCATION AWNtNG LOCATION ? c h ? ? ? ? h LOCATION OF BUILDING IDENTIFICATION SIGN AND AWNING SIGN , TIDEWATER MEDICAL TRAINING I Agenda Item 4 Page 9 ? ! d`-? BAY51 DE ?r•a..__.??.,._. A?,?.?:..r.l 7nKIltir_ NicTnRv # DATE REQUEST ACTION 1 02/26/13 Rezoning (I-1 to Conditional 0-2 Office) Approved Conditional Use Permit (SRO Facility) Approved 05/22/07 Modification of Proffers Approved Conditional Use Permit (Hotel) Approved 02/28/06 Rezoning (B-2 to Conditional I-1 Li ht Industrial Ap roved 2 12/08/98 Conditional Use Permit Automobile Repair Gara e Approved 3 07/12/05 Conditional Use Permit (Gas station with Approved convenience store 4 11/28/06 Conditional Use Permit (Cellular Telephone Approved Antenna 5 04/08/14 Conditional Rezoning (B-2 to Conditional A-36 Indefinitely Deferred Apartment and Conditional B-2) Approved 04/11/00 Conditional Use Permit (Cellular Telephone Antenna Fi $??j??? ? TIDEWATER MEDICAL TRAINING Agenda Item 4 Page 10 ? 0F OUR R N , C t . J. • Zoniny wJtb ConditianProlhn, onm sw« r-i- CUP tor Vocationa/ School APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foilowing: 1. List the applicant name followed by the names vf all officers, members, trustees, partners, etc. below: (Affach list if necessary) Tidewater Medical Training 1. Russell J. Smith, Business Director/Owner 2. Christine A. Smith, Education Director/Owner 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None F]Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complefe this secfion only if property owner is differenf from applicanf. 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 lisf if necessary) Northampton Executive Center, LLC LLC Members: Mark F. Garcea & Page S. Johnson, II 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None F]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia 8each have an interest in the X subject land? Yes No F If yes, what is the name of the official or employee and the nature of their interest? ? I I I ? 1 ? ? r ? 1 ? M ? ? ? ! ? r DISCLOSURE STATEMENT } . ? ?. TIDEWATER MEDICXIL TRAINJNG Agenda It* n 4 Page 11 y 04 ? ? ? ? ? ? ? ? ? ? ? 1 14 ? ? ? ? i ? ? / ? i t ADDITiONAL DISCLOSURES List all known contractors or businesses that have or will provide senrices 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) Thalhimer, commercial real estate '"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 controAing owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or controi 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. ! 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 pubtic hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Z,«?.a1t? 1 ?VeVl ISA1144--? ApplicanYs Signature` Print Name G ? .J?? b? •? Property Owner's Signature (if different than applicant) P nt e DISCLOSURE STATEMENT TIDEWATER MEDICAL TRAIP ; Agenda It IG 14 12 Item #4 Tidewater Medical Training Conditional Use Permit 1300 Diamond Springs Road District 4 Bayside July 9, 2014 CONSENT An application of Tidewater Medical Training for a Conditional Use Permit (Vocational Schooi) on property located at 1300 Diamond Springs Road, District 4, Bayside. GPIN: 14691163330000. CONDITIONS 1. A Certificate of Occupancy, as required by the Building Official's Office, shall be obtained prior to occupancy. 2. Maximum occupancy of classroom size shall be set by the Building Official's Office. 3. All signage related to this use must be in accordance with sign regulations outlined in the Zoning Ordinance and must be in substantial compliance with the design, color and location of the submitted sign exhibit entitled, „Exterior Building Sign Design." The sign shall be constructed of raceway-mounted channel letters with L.E.D. illumination. 4. The proposed awning must be in substantial compliance in design, coloring and location of the submitted awning exhibit entitled, "Awning Design." 5. In the event that the existing large evergreen shrub/tree located on the southeast fa?ade of the building is removed, evergreen shrubs shall be installed along the fa?ade in order to create a continuous hedge. A motion was made and seconded to approve item 4. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON ABS HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE Item #4 Tidewater Medical Training Page 2 RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted, the Commission recommended approving item 4 by consent. Russell Smith appeared before the Commission on behalf of the applicant. ? ? ? r ? p ? . M W J J ? ? W ' ?- t Z W? U' ?r?? ? a? 2 a N ? ??... ?. ? t0 O w .?. a c 0 ? ? ? ? 0 N cc ?t N .? gsi CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: LILLEL FARMS, INC. (Applicant & Owner), Change of Zoning (PD-1-12 Planned Development [A-24] to P-1 Preservation). 2120/2150 Centerville Turnpike (GPIN 1464081683). COUNCIL DISTRICT - CENTERVILLE. MEETING DATE: August 19, 2014 ¦ Background: The applicant requests a Change of Zoning from Conditional PD-1-12 Planned Unit Development with an underlying A-24 Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the Conditional Change of Zoning granted by City Council on September 24, 2013. ¦ Considerations: As part of the Conditional Rezoning, City Council approved a proffered site plan which included designated open spaces as required for PD-1-12 Districts by the Zoning Ordinance. Proffer 13 of the Conditional Zoning Agreement requires the open space to be rezoned to P-1 Preservation prior to the recordation of the subdivision plat. There was no opposition. ¦ 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. ¦ Attachments: Staff Report and Disclosure Statements Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ?, :NTERVIILE ii August 13, 2014 Public Hearing APPLICANT & PROPERTY OWNER: LILLEL FARMS, INC. ,.«...,.,.a ....... ...... fOpen Spwe Anras a Sxe1 y....Vrow ??av.Ws STAFF PLANNER: Kristine Gay REQUEST: Chanqe of Zoninct (Conditional PDH-2 with A-24 Apartment Zoning District to P-1 Preservation District) ADDRESS / DESCRIPTION: 2100 Centerville Turnpike GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1464-08-1683-0000 Centerville 723,720 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backqround This request for a change of zoning from Conditional PD-H2 Planned Unit Development with an underlying A-24 Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the conditional rezoning granted by City Council on September 24, 2013. As part of said conditional rezoning, City Council approved a proffered site plan which included designated open spaces to be rezoned to P-1 Preservation. This site plan has been included near the end of this report. As shown in the proffered site plan, a total of approximately 3.04 acres of land was called out as open space. This accounts for 26% of the entire site and includes open grassy areas, an outdoor pool area, and detention pond. As outlined in the Proffer 13 of the approved conditional rezoning, the open space shall be owned and maintained by the owner of the multi-family residential units and the homeowner's associations. The homeowner's association shall be made up of the owners of the townhouses. All townhouse owners are required to be part of the homeowner's association. This request is to bring the site into conformity with the City Zoning Ordinance and the approved proffer agreement that states that the open space must be rezoned to P-1 prior to the approval of the subdivision plat. LILLEL FARMS, INC. Agenda Item 4 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is primarily undeveloped; a portion of the site is used for a golf driving range SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential USE AND ZONING: South: • Lynnhaven Parkway . Single-family dwellings / R-7.5 Residential East: . Multi-family dwellings / A-12 Apartment West: • Currently a grass field; it is proposed to be developed with restaurants, convenience store and gasoline sales / B-2 Business NATURAL RESOURCE AND There are no known significant natural resources or cultural CULTURAL FEATURES: features related to the site. COMPREHENSIVE PLAN: This area of the City is designated as Suburban Area. The overriding objective of the Suburban Area Policies is to protect the predominately suburban character defined by the stable neighborhoods of our community. The plan also reinforces the suburban characteristics of commercial centers and other non-residential uses in this area. The goal of preserving neighborhood quality requires that all new development or redevelopment, whether residential of non-residential, either maintain or enhance the existing neighborhood through compatibility with surroundings and attractiveness of the site and buildings, including type, size, and intensity to the existing area, improved mobility, environmental responsibility, livability, buffering of residential from other residential and nonresidential and relationship to the surrounding uses. The quality of the physical environment within the Suburban Area will be impacted by how well we protect and enhance its physical assets, including open spaces. (p. 3-1 to 3-4.) 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-1-12 Planned Unit Development with an underlying A-24 Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the Conditional Change of Zoning granted by City Council. The open space areas LILLEL FARMS, INC. Agenda Item 4 Page 2 depicted on the submitted plan are acceptable. 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 applicab/e permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of P/anning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are repuired before any uses allowed by this Use Permit or Change of Zoning are va?id. 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. LILLEL FARMS,.INC. Agenda Item 4 Page 3 AERIAL OF SITE LOCATION LILLE i i ? a Item 4 Paqe 4 ?s ox_ ?° ? l i 'k l? !9 ?. Y ., z? > ' z x? } ?. _ IA CITY COUNCIL APPROVED SITE PLAN EXHIBIT ? ?1^ItA, BEgr?~y-? LILLEL FARMS, INC. Agenda Item 4 Page 5 M1 E ' i. ? K I[ , ' l a `s -? ---?s-? Y ? ?f . 4 : ? . k '-, 1 P.-- 6? 9 CITY COUNCIL APPROVED OPEN SPACE ' EXHIBIT LILLEL FARMS, INC. Agenda Item 4 Page 6 7. ? ? ....... .......... ? ......... .._........ dnomo sNOwwi1 +- i ?, f ? 5 j? .. + , , ? ?? ;,, f ? • s cA •. w ' ? t ? , ,. f ; '?.°' ,- 3 i . . . t- ? _ ' • '?y y ? a . t? ? 4__rt_? . ,. • ? , ? ? t ,. _ ? t ?'• } » ? , ? , . } , ?- ? ? ..; s ?"'? ; ?- ` ?t ?' , 4 s ? ? ? r? • ?y' ? ? ? { ,r- -??' ? , ii ?;! 1 • a ( - . . . . . ? k= , s? f?i ? ?? ? +` `", ;71 I + ? -. n. . w ...A.? t 04C 7,+[ 1}? ! + AREAS TO BE REZONED TO P-1 PRESERVATION ? (Sheet 1 of 2) I LILLEL FARMS, INC. , Agenda Item 4 Page 7 1?-.`''fs ;?*a??''> ,_ ?'` r? ( l l ....o. .? ..,..... .......w d n oa o s N O W W I l u I • 1 ?'?l?Y \4, W ? •/ ?• '} .. . ? ._ ? '' ..??- ?..... ? ? FI I 1 FT? PL,.?.w f? . ? • ' ?' ? . ^ . _--?'! __ ; - ? .??-i-?j'??..- ? ; . 'f? a,'S"3?Ci ? - --? ? ?'* i! 41? ? >• d ?l . ? • s ?-?. _ .! ? ????? ? T • ? ; -. . • _ . . . j ? , ? 1.; 3 '. .' ` ?-- `? I. ? ? , ; ` ?? . , , 11 ;- _..._..._._...?. _ _.Y.. AREAS TO BE REZONED TO P-1 PRESERVATION (Sheet 2 of 2) LILLEL FARMS, INC. Agenda Item 4 Page 8 CENTERVILLE ? 1 I ? ' Zonlng wi8r Conditioets;Protters. Opeo Space Prornotfon or PDH-2 Overfays Rezonmg rrom conarrrona? ru-nz (.+-,cwi &.%j .--• (Open Space Areas of Site) ZONING HISTORY # DATE REQUEST ACTION ? 11/10/1975 01/25/1994 Rezoning (R-6 Residential to B-2 Business) Conditional Use Permit (Driving Range and Mini-Golf) Approved Approved 2 05/22/2001 12/12/2009 02/12/2008 Conditional Use Permit (Automotive Service Station) Conditional Rezoning (B-2 Business to B-4 Mixed Use) Modification of Proffers Withdrawn Approved Approved 3 01/12/1999 Conditional Use Permit (Borrow Pit) Approved 4 08/13/2002 Conditional Use Permit (Daycare) Approved i LILLEL FARMS, INC. ? Agenda Item 4 Page 9 „J floea an o1ticig1 or ?y,ee a?f?Grty o# ?l'irgln?? B?ch ha? an intdresf in the aubjec# ker?d'? Yes hlo ti M wh$t Is the name af thU officiel vt exnployee and ft natvra of thelr IrcMmst? WA DISCLOSURE STATEMENT LILLEL .FARMS,INC. Agenda Item 4 Page 10 ? ? ? ? ? ? 4 L? ADDiTIONAL DiSOLOSIlR "S l.ist i11 knntivn canftckn vr Wsftsm that hava or vrlN prawlds seryk" with raspec# to t!* requeOd Praparty usf, tndudMg k,ttt raot lknpbed ta t#re pmvkka of etchbctauraf s$ndws, real astat6s mvbm, flnwndial servkm, aQCavnifnp son+4mw end MW (A1tacd't IM V necowry) Timmom Group = EngkweriV arnd Suveft Servim E+xtoventum RoWty Group, LLC - Dewebpmerrt Servkces Trmuhm Sanciem l.LP - Lep! Ser+u?icaw CEtTJFJCATlQN: j oerLy, v* t1e in#mnm1on owbdrAd hwoin i. tru* arw amutaw. i undws*)d that, uP'm t+?oilpt d" CCSMWni (pos*wd) iriW ft Wpikmqon Fias b?e?'i sdwxkW ft public tMeerlM l im raeponAft f4r obbiMiv and pmth ?e nequ(W Ogr; on t1n *AOt piapWy sd 1aat Jo dQys prsar W ft .ftduW pubk heoft oaoovft 101M kwWcdone M tlb psclqo. The un*n*w+d iskn ayoonts !o erMry upon Ilhe aubod proPwbl1 b'X onVtlMe" of Me Dspwnen1 of PimtrV po phokd,praph OW Mim €#w 1b for puWm oF pmnoV and r4Iuaking ittis Wpllceoti. Same 8S AppNeant. Property Ownoes 5%wnahme ?i F dlkret tlunh appUcsrkt) prih# Nam ' •PorenWaubekbty nWAorasNpt' mmns *a ralWoruNp thsll &*ds vhan one cvWndon cBmcOy or indirecOy arra ftres powasaft r, mm ftn 5d pwoect of ttg vonp p&ww crf arw*er oapw*iC+n.' Ses 84e ard Wool Gaverrvment Confl{at d° lnterow Ar.t, VL fiod@ 12.2-3101. DISCLOSURE STATEMENT LILLEL FARMS,INC. Agenda Item 4 Page 11 8/8/2014 11:32 AM Ruth H. Fraser To: City Council; Louis Jones (Uones@hollomon-brown.com); James Spore; Mark Stiles Cc. Kathleen Hassen Subject• FW: Application of Home Associates of Virginia, Inc. for Conditional Change of Zoning District Classification on a 6.05 acre parcel on the north side of Indian River Road having an address of 1864 Indian River Road, Princess Anne District 991u& 3d#w5uwex, "e City Clerk - City of Virginia Beach Mayor's Liaison - Sister Cities President, Sister Cities Association of Virginia Beach Passport Agent Office: (757) 385-4303 Facsimile: (757) 385-5669 Direct Dial: (757) 385-8343 Email: rhfraser@vbqov.com From: Anita McCorkle [mailto•Amccorkle@Svkesbourdon.com] Sent: Friday, August 08, 2014 11:21 AM To: Stephen J. White Cc: Ruth H. Fraser; Joe Pulley Subject: Application of Home Associates of Virginia, Inc. for Conditional Change of Zoning District Classification on a 6.05 acre parcel on the north side of Indian River Road having an address of 1864 Indian River Road, Princess Anne District Stephen, On behalf of Home Associates of Virginia, Inc., I write to request that the above referenced application which is on the City Council public hearing agenda for Tuesday, August 19, 2014 be indefinitely deferred. Sincerely, Eddie Bourdon by Anita R.H. McCorkle, Legal Secretary to 1 8/8/2014 11:32 AM R. I:dward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 Phone:757/499-8971 Direct: 757/965-5015 Facsimile: 757/456-5445 or 757/671-1454 Ernail: amccorklegsvkesbourdon.com THE INFORMATION CONTAINED IN THIS MESSAGE IS ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBTTED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE ERASE ALL COPIES OF THE MESSAGE AND ITS ATTACHMENTS AND IMMEDIATELY NOTIFY SYKES, BOURDON, AHERN & LEVY, P.C. BY TELEPHONE. ? • ? r c . W Z t a to to W 0 Z i 0. LO ? ? ? ? O +r a 0 U ? N ? C9 Q ? t- ? ? Q ? a? ? ? v a? c N ? co C O w ? C O U C ? ?a ? ? e ? C O ? O u 3 . ? ?4 g?.. : q7) ? s? V^?-v CITY OF VIRGINIA BEACH AGENDAITEM . ITEM: HOME ASSOCIATES OF VIRGINIA, INC. (Applicant & Owner), Conditional Change of Zoning, AG-1 Agricultural to Conditional R-15 Residential. 1864 Indian River Road (GPIN 2413225595). PRINCESS ANNE DISTRICT. MEETING DATE: August 19, 2014 ¦ Background: This application was deferred by the City Council on December 10, 2013 and February 25, 2014. On July 2, the applicant requested that the item be returned to the City Council for consideration. A new public notice sign was posted on the property with the new public hearing date, adjacent property owners have been notified, and the item has been advertised as required in the Virginian-Pilot. ¦ Considerations: The applicant proposes to rezone a 6.05-acre parcel, currently zoned AG-1 and AG-2 Agricultural Districts, to Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size, for single-family dwellings. On August 8, the applicant notified the Planning Department of a desire for a continued deferral of the application. ¦ Recommendations: Consistent with the applicant's request, indefinite deferral of the application is recommended. ¦ Attachments: Correspondence from Applicant Requesting Deferral Location Map Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department City Manager: ?? , Stenhen J. White From: Anita McCorkle <Amccorkle@Sykesbourdon.com> Sent: Friday, August 08, 2014 1121 AM To: Stephen J. White Cc; Ruth H. Fraser; Joe Pulley Subject: Application of Home Associates of Virginia, Inc. for Conditional Change of Zoning District Classification on a 6.05 acre parcel on the north side of Indian River Road having an address of 1864Indian River Road, Princess Anne District Stephen, On behalf of Home Associates of Virginia, Inc., I write to request that the above referenced application which is on the City Council public hearing agenda for Tuesday, August 19, 2014 be indefinitely deferred. Sincerely, Eddie Bourdon by Anita R.H. McCorkle, Legal Secretary to R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 Phone: 757/499-8971 Direct: 757/965-5015 Facsimile: 757/456-5445 or 757/671-1454 Email: amccorkle0svkesbourdon.com THE INFORMATION CONTAINED IN THIS MESSAGE IS ATTORNEY-CLIENT PRNILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE ERASE ALL COPIES OF THE MESSAGE AND TTS ATTACHMENTS AND IMMEDIATELY NOTIFY SYKES, BOURDON, AHERN & LEVY, P.C. BY TELEPHONE. SJL YdES9 BOUYY.DON' AHERN & L1L+ V JL f P.C. PEMBROKE OFFICE PARK - BUILOING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 TeLeaHONe: 757-499-8971 FncsinniLe: 757-456-5445 Via Email and Hand Deliueru August 14, 2014 The Honorable William D. Sessoms, Jr. Vice Mayor Louis R. Jones Members of City Council c/o Ruth Hodges Fraser, City Clerlc Off'ice of the City Clerk City Hall Building #i, Room 281 Virginia Beach, Virginia 23456 JON M. AHERN R. EDWARD BOURDON, JR. JAMES T. CROMWELL. L. STEVEN EMMEFiT KIMBERLY E. HARTIN ANGELINA S. LEE KIRK B. LEVY MICHAEL J. LEVY' HOWARD R. SYKES, JR. 'Admitted in Virginia and Washinglon DC Re: Pending Application of Princessboro Development Company for Conditional Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Commercial District; Proposed Anderson's Home and Garden Showplace Currently scheduled for Public Hearing on August ig, 2014 Dear Mayor Sessoms, Vice Mayor Jones and Members of Ciry Council: On behalf of Princessboro Development Company, I am writing to advise that my clients hereby request the above referenced application be deferred for the purpose of revising the Proffered Covenants, Restrictions and Conditions to reflect changes to the plan. At this moment, I anticipate requesting a deferral to your September 16th agenda. As soon as I am more certain as to my clients' ability to have Exhibit revisions finalized, I will advise Councilwoman Henley and the Planning Director that we will be ready to go on September 16th or that we request an indefinite deferral. We appreciate your favorable action on this request for a deferral on August 19, 2014. With best regards, I am Vg truly y urs, : _-----? . ward Bourdon, Jr. REBjr/arhm cc: Councilwoman Barbara Henley Jack Whitney, Director, Department of Planning Stephen J. White, Department of Planning B. Kay Wilson, Associate City Attorney Susan F. Fisher, Princessboro Development Company, Inc. Catherine Kellam, Princessboro Development Company, Inc. Robert R. Beasley, Jr., Harvey Lindsay Commercial Real Estate Clark Anderson, Anderson's Home & Garden Showplace Jason Blanchette, Anderson's Home & Garden Showplace Bob Kellam, Kellam Gerwitz, P.C. E.D. David, Esquire, David, Kamp & Frank, L.L.C. H:\AM\Conditional Rezoning\Princessboro Development\Anderson's Home & Garden\Sessoms_Ltr 8-14-14.doc ATTORNEYS AND COUNSELORS AT LAW -41, ? 4 ? ? C PM 4 ? Q 9 ? ? C ? ? ? C C ? .? i r, ? W Z Z a ? ? W? ?Z M ? ? IL 1 N ? m ? .a0 a c 0 U ? N ? Q ? O c ?o ? ? ? NII ` c? C ? i? ,.. a! c?o! v C O M ? ? a m u e? 4 ? ? ? ? e ? ? 0 ? $ C O u ? C .O N . v .? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: PRINCESSBORO DEVELOPMENT (Applicant & Owner), Change of Zoning (AG-2 Agricultural to Conditional B-2 Community Business). 1901 Sandbridge Road (GPIN 2414316172). PRINCESS ANNE DISTRICT. MEETING DATE: August 19, 2014 ¦ Background: The applicant proposes to rezone the existing site, which is currently zoned AG-2 Agricultural District, to Conditional B-2 Community Business District for the purpose of developing 7.56 acres of a 23.53-acre site for a retail garden center. The 23.53-acre site was established through subdivision of a 56.01-acre site in 2012. That subdivision created the lots associated with the 2009 Conditional Change of Zoning of the property to the west to B-2 Community Business and 0- 2 Office. The subject parcel was not part of that zoning change, but the layout of the subdivision provided the site with frontage on Fisher Arch, reducing the potential for direct access to the subject site from Sandbridge Road. A previous subdivision plat, recorded in 2005, reserved 3.71-acres of the site adjacent to Sandbridge Road for future widening of Sandbridge Road. ¦ Considerations: The site design locates the parking lot in front of the main retail building, which is centered on the site and consists of 24,649 square feet of floor area. Connected to the rear of the main building is a covered 11,741 square foot greenhouse. A cafe area is located within an area of the retail store and the greenhouse, connecting each with the other. The area within the store devoted to cafe seating is 2,490 square feet; the area of the greenhouse devoted to cafe seating is 2,050 square feet. An outdoor sales area, consisting of 48,303 square feet, is located adjacent to the northern and eastern sides of the greenhouse and retail building. A six-foot high wrought-iron style fence is located along the periphery of the outdoor sales area. Based on the floor area of the garden center's outdoor sales area and greenhouse, the cafe, and the retail space, the Zoning Ordinance requires 205 parking spaces for the proposed development. The site plan shows a total of 179 parking spaces. To address the deficiency, the applicant is submitting a parking study to the Zoning Administrator per Section 203(b)(11) of the Zoning Ordinance. PRINCESSBORO DEVELOPMENT Page2of3 After the Planning Commission, the applicant revised the Conditional Zoning Agreement to replace portions of the text in Proffer 4, which had required the submission of a landscape plan during Site Plan Review, with text that requires the site be landscaped in substantial compliance with the proffered landscape plan. That proffered landscape plan was submitted at the same time. The revision to the Conditional Zoning Agreement was submitted within the timeframe required by the Zoning Ordinance for such revisions. The proffers below include the new text. Further details pertaining to the site, building, and landscape 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 passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT OF PROPOSED ANDERSON'S HOME AND GARDEN CENTER FOR PRINCESSBORO DEVELOPMENT", dated 02/ 06/14, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Development Plan"). PROFFER 2: When the Property is developed, the structures depicted on the Conceptual Development Plan shall be developed using architectural designs, materials and colors substantially as designated and shown on the three (3) exhibits entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE" (a) "Elevation - Sandbridge Road", (b) "Perspective" and (c) "Material Color Selections", prepared by arci architects, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). PROFFER 3: The freestanding sign depicted on the Conceptual Development Plan shall be a monument style sign substantially as depicted on the exhibit entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE, Elevation - Street Signage", prepared by arci architects, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Sign Elevation"). PROFFER 4: PRINCESSBORO DEVELOPMENT Page 3 of 3 When the Property is developed, it shall be extensively landscaped in substantial compliance with the detailed landscape plans designated "LANDSCAPING SHEET OF ANDERSON'S SHOWPLACE", Sheet L1 and "LANDSCAPE NOTES & DETAILS OF ANDERSON'S SHOWPLACE", Sheet L2 presented by Kellam Gerwitz, P.C., which have been exhibited to the Virginia Beach Department of Planning (the "Landscape Plan"). PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ¦ Attachments: Staff Report and Disclosure Statements TA-ITA CAC Design Subcommittee Comments Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning C mmission recommends approval. Submitting Department/Agency: Planning Department -?38 City Manager: ? ? t? RINCESS ANNE Princessboro Development 82 r?- B2. Rzo '`.b 70 dB Ldn Ar,! s?ro ? Sub ea 2 Bz Z gy* R15 ?y 02• ` R10* AG2 B2 R15 R20. AG1 PI* ?n = 65-70 dB-I R10* `io 1 ft10' „ino.r co?.?w.v?ati.. an« swn?Iweaw. CondiOiond 2oniny ehsnye from AG-2 to Condi6ona/ 8•. 11 July 9, 2014 Public Hearing APPLICANT & PROPERTY OWNER: PRINCESSBORO DEVELOPMENT STAFF PLANNER: Stephen J. White REQUEST: Chanqe of Zoninq (AG-2 Agricultural District to Conditional B-1 Community Business District) ADDRESS / DESCRIPTION: 1901 Sandbridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24143161720000 PRINCESS ANNE Total Site Area: 23.53 acres 65 to 70 dB DNL Area to be Rezoned: 7.56 acres AICUZ (Sub Area 2) BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant proposes to rezone the existing site, which is currently zoned AG-2 Agricultural District, to Conditional B-2 Community Business District for the purpose of developing 7.56 acres of a 23.53-acre site for a retail garden center. The 23.53-acre site was established through subdivision of a 56.01-acre site in 2012 (Instrument Number 20120615000663450). That subdivision created the lots associated with the 2009 Conditional Change of Zoning of the property to the west to B-2 Community Business and 0-2 Office. The subject parcel was not part of that zoning change, but the layout of the subdivision provided the site with frontage on Fisher Arch, reducing the potential for direct access to the subject site from Sandbridge Road. A previous subdivision plat, recorded in 2005, reserved 3.71-acres of the site adjacent to Sandbridge Road for future widening of Sandbridge Road. Details of Proposal - Site Desiqn • Vehicular access to the site is located on Fisher Arch in two locations. One access point, located approximately 300 feet south of Sandbridge Road is primarily intended for customers. A second PRINCESSBORO DEVELOPMENT Agenda Item 11 Page 1 access point located approximately 450 feet south of Sandbridge Road is primarily intended for delivery and service trucks, but remains accessible to customers. The design of the site locates the parking lot in front of the main retail building, which consists of 24,649 square feet of floor area. Connected to the rear of the main building is a covered 11,741 square foot greenhouse. A cafe area is located within an area of the retail store and the greenhouse. The area within the store devoted to cafe seating is 2,490 square feet; the area or greenhouse devoted to cafe seating is 2,050 square feet. An outdoor sales area, consisting of 48,303 square feet, is located adjacent to the northern and eastern sides of the greenhouse and retail building. A six-foot high wrought-iron style fence is located along the periphery of the outdoor sales area. The site plan also shows a 1,625 square foot service building located at the southwestern corner of the outdoor sales area. There are 172 parking spaces located between the front of the retail building and Fisher Arch and an additional 7 parking spaces at the cafe side of the building; thus, a total of 179 parking spaces are provided. Consistent with Section 246 of the Zoning Ordinance (Retail Design Standards), a 25-foot wide landscaped pedestrian connection between Fisher Arch and the front of the store is located in the center of the parking lot. A second pedestrian connection is located between Sandbridge Road and the north side of the store, closest to the outdoor sales area. The Retail Design Standards also require that the parking lot not be closer than 30 feet to the public right-of- way, and that the area be landscaped. The submitted plan meets that requirement. Located at the southern corner of the intersection of Fisher Arch and Sandbridge Road is an 8- foot high, 12-foot wide monument-style sign. Based on the floor area of the garden center's outdoor sales area, the cafe, and the retail space, the Zoning Ordinance requires 205 parking spaces for this use. As noted above, 179 parking spaces are being provided. To address the deficiency, the applicant is submitting a parking study to the Zoning Administrator per Section 203(b)(11) of the Zoning Ordinance. In addition to automobile parking, the Zoning Ordinance requires motorcycle and bicycle parking spaces for this zoning district. The number of spaces devoted to each is based on the number of overall spaces. Six motorcycle spaces are required; however, those spaces are not shown on the site plan. Staff will require the developer to show the location devoted to such spaces during development site plan review. Parking spaces for seven bicycles are required. The site plan shows the required bicycle parking area within the 25-foot wide landscaped connection between the store and Fisher Arch. A delivery and service vehicle area is located south of the retail building and outdoor sales area. The area is wide enough to allow for delivery vehicles to enter, and then, turn around and exit the site. The trash dumpsters are also located within this area. The dumpsters will be enclosed with materials matching the exterior of the building. The proffered site plan shows a 50-foot wide landscaped buffer area between the development site and the future Sandbridge Road right-of-way. Located within this buffer is an eight-foot wide multi-purpose trail. There is an existing trail adjacent to this portion of Sandbridge Road; thus, the trail shown on the proposed site plan will replace that existing trail segment. The section of Sandbridge Road has recently been designated by the Capital Improvement Program for improvement. Accordingly, there may be a need for the applicant to coordinate the construction of the trail and other required improvements adjacent to Sandbridge Road with the design of the roadway improvements. The proffered site plan shows that the stormwater management facility will be located on the eastern 110 feet of the site. The perimeter of the stormwater management facility is enclosed by a four-foot high green vinyl-coated chain-link fence. A proposed 20-foot wide drainage easement is shown on the plan, which will connect the proposed stormwater facility with a major ditch that drains this general area of the city. PRINCESSBORO DE1/fLOPMENT Agenda Item 11 Page 2 Details - Buildinq Desiqn . The building design is primarily that of a retail commercial building, consisting of a rectangular layout enclosed by walls that are slightly higher than a standard one-story building and covered by a flat roof. The primary exterior facade material is a rough-texture wall panel. . The front faCade is enhanced by a projecting main entrance area that features a covered entrance with a hipped roof supported by columns. The exterior roof material is a green standing seam metal. The exterior walls of this area consist of Hardieplank° lap siding in three different colors and three large windows are located on both sides of the doors for the store. The highest point above the main entrance is further enhanced with a roofed skylight area. • A second architectural feature that enhances the front faCade is located on the northern end at its intersection with the north-facing fagade. This feature replicates the design of the main entrance area with the same style and colors for the siding and roof. Similarly, a window of the same style is located within the faCade of this building feature. • The access to and from the parking lot for the outdoor garden sales area is emphasized with a building that is designed with the same style, materials, and colors or the other architectural features on the main building. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped - formerly used for the cultivation of crops. SURROUNDING LAND North: . Sandbridge Road USE AND ZONING: • Religious Facility (church) / R-20 Residential District • Red Mill Farms Park / B-2 Community Business South: . Single-family residential (under development) and associated open space / R-10 Residential District and P-1 Preservation District East: • Single-family residential / R-20 Residential District West: • Fisher Arch • Undeveloped site / AG-2 Agricultural District • Undeveloped site / Conditional B-2 Community Business NATURAL RESOURCE AND The site consists of vegetated fields, divided at equal intervals by CULTURAL FEATURES: ditches formerly used when the fields were cultivated. Those ditches connect with a larger ditch that drains the larger area and connects to Ashville Bridge Creek farther to the north. There are no known features of cultural significance located on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Transition Area. The Transition Area serves as a unique land use area buffering the low density Rural Area to the south from the more densely developed Suburban Area to the north. It does this by providing a hybrid of the two types of development patterns, promoting open space and flexible community planning that employs the most creative planning and development techniques. Discretionary development proposals within the Transition Area should be well-planned by adhering to the planning and design principles cited in the Transition Area Design Guidelines. All projects should seek to employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in PRINCESSBORO DEVELOPMENT Agenda Item 11 Page 3 Energy and Environmental Design (LEEDT"') 'Certified' rating, (p. 4-1 to 4-4, 4-19). The Transition Area / ITA Citizen's Advisory Committee (ITA/TA CAC) Design Review Subcommittee (DRS) received its first briefing on the proposal on January 23, 2014. At that time, the developer described a concept of interconnected pathways, use of the outdoor nursery area as open space, irrigation with filtered stormwater, as well as greenhouses with removable roofs. No proposed architectural renderings or site plan were available at that time; therefore, the proposal was provided only through description from the developer. However, one the objectives, as stated by the developer, was to reduce impervious surfaces by designing the parking lot with large landscaped islands, and building the parking lot it in phases by "land banking" sections for future expansion, should it be needed. As described at that time, the DRS was generally supportive of the concept, subject to a second review consisting of the proposed architectural renderings and the preliminary site plan. On May 6, 2014, the developer presented the proposed architectural renderings and site plan to the DRS. Based on the renderings and site plan presented at that meeting, the DRS concluded that the proposed building and site plan design was not in keeping with the character and vision for the Transition Area, as expressed by the policies of the Comprehensive Plan for the Transition Area. The DRS found many aspects of the site plan, building design, and overall commercial concept proposal that were in need of improvement to maintain the integrity of the Transition Area as a unique section of the city. In response to the concerns and comments expressed by the DRS at the May 6 meeting, a third presentation by the developer was provided on July 1, 2014. The DRS recognized the improvements made to the previous proposal based on the comments provided to the applicant on May 6. Nevertheless, the DRS recommended additional improvements be made, including (1) introduction of ineasures to the parking lot that result in reduced impervious surface or enhanced stormwater management, and (2) further revision of the building design to be consistent with the Transition Area rural style architectural theme. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is proposed from Fisher Arch, which is a loop road connecting Princess Anne Road and Sandbridge Road. Fisher Arch is a two-lane local roadway with a sixty (60-ft) right-of-way width. It is not included on the City's Master Transportation Plan (MTP) Map. Princess Anne Road is a two-lane minor suburban arterial with a variable-width right of way near the intersection with Fisher Arch. The MTP indicates an ultimate right-of-way width of 135 feet for a four-lane divided roadway for this section of Princess Anne Road. Sandbridge Road is a two-lane minor suburban arterial with a variable-width right- of-way in this location. The MTP shows an ultimate right-of-way width of 135 feet for a four-lane divided roadway for this section of Sandbridge Road. A Capital Improvement Plan (CIP) project, Princess Anne Road Phase VII (CIP 2-195) is fully funded in the current CIP, and is scheduled to begin construction in May 2016 with a completion of May 2018. The project has recently been modified to include this portion of Sandbridge Road, and the scope of the improvements proposed for this section of roadway is currently under consideration, while the project is under design. PRINCESSBORO DEVELOPMENT Agenda Item 11 Page 4 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 13,600 ADT' (Level of Service "C"? 040 ADT ? 13 15,000 ADT Sandbridge Road , (2013) (CAPACITY / Level of " " D ? Service 16,200 ADT (Level of Service "E") 6,200 ADT (Level of Service "C") Existing Land Use 2- 10 ADT Fisher Arch No data is available 9,900 ADT (CAPACITY / " " Proposed Land Use 3- 2,074 ADT Level of Service D ) (174 PM Peak Hour) 11,100 ADT (Level of Service "E") 13,600 ADT (Level of 000 ADT' 13 Service "C") Princess Anne Road , (2013) 15,000 ADT (CAPACITY " " / Level of Seroice D ) 16,200 ADT (Level of Service "E" Average Daily Trips Z based on 7.56 acres of Agriculturally-zoned property 3 based on 40,864 SF of Freestandin Discount Store Comments Traffic Engineering has reviewed the June 2014 Traffic Impact Study (TIS) Update of the original 2009 Princessboro TIS. The update includes the proposed Anderson Home and Garden Center development. Traffic Engineering has approved the study methodology and results. Based on our review of the study, the following comments are provided: o The TIS concludes that a traffic signal may be warranted at the intersection of Fisher Arch and Sandbridge Road upon the complete development of the existing Business and Office zoned parcels along Fisher Arch as well as the proposed Anderson Home and Garden Center. o A traffic signal at the intersection of Fisher Arch and Sandbridge Road will not be warranted with the opening of the Home and Garden Center given the limited development at this time of the remainder of Fisher Arch. The TIS indicates, however, since the intersection will not be signalized, there will be significant vehicular delays (Level of Service "F") for vehicles turning left from Fisher Arch to Sandbridge Road in the afternoon peak hour. o A traffic signal bond will be required during development site plan review for the Anderson Home and Garden Center, with the amount of the bond to be determined based on projected vehicular trips generated by the proposed development. o Traffic Engineering reserves the right to make further detailed comments regarding site and right- of-way improvements, according to Public Works Standards, during development site plan review. PRINCESSBORO DEVELOPMENT Agenda Item 11 Page 5 WATER: This site must connect to City water. There is an existing 8-inch water line in Fisher Arch and an existing 10-inch City water line in Sandbridge Road. SEWER: This site must connect to City sanitary sewer. There is an existing 8-inch gravity sanitary sewer and 6-inch sanitary sewer force main in Fisher Arch. Analysis of Pump Station #650 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION The applicant is requesting rezoning of the subject site to B-2 Community Business for the purpose of developing a retail garden center. The site is located within the Transition Area, which the Comprehensive Plan designates as an area of the city where use and general character of the land should be consistent with that transition. The application of the Comprehensive Plan's site and building design recommendations for non-residential development in the Transition Area could lead to some doubt as to whether this proposal is consistent with those recommendations, and thus, appropriate for this site. Discussion and debate on this issue among the staff as part of the overall evaluation of the proposal has been difficult at times, particularly when input from the Transition Area / Interfacility Traffic Area Citizen Advisory Committee (TA-ITA CAC) is also factored into the evaluation. Significant to staff's evaluation, and ultimately conclusion, with regard to the proposed development is the location of the site, including the adequacy of surrounding infrastructure to support the development. The site fronts on and the development has its access from Fisher Arch, a recently constructed roadway, designed to serve retail and office uses associated with a'business park' created through a 2009 rezoning. The northern side of the site is adjacent to a segment of Sandbridge Road programmed for improvement and widening, thus enhancing its ability to accommodate existing and future traffic volumes. The use of the site for a non-residential use, particularly one that is lower intensity retail, is appropriate for a parcel located on a roadway intended to serve such uses. When the parcels located along Fisher Arch are fully developed, the overall land use character will be such that the proposed development will be consistent with and compatible with that development. This northern edge of the Transition Area, due to past rezoning actions, as well as commercial zoning in place for decades, is the center of commercial use in this area of the city. As noted with a 2013 rezoning for a site at the intersection of Princess Anne Road, Upton Drive, and Sandbridge Road, this commercial area should be and is the limit of such development in the Transition Area. Such development should not be allowed farther south on Princess Anne Road and it should also not be allowed to go any farther east past Heritage Park. With regard to public utilities, both City water and sewer are available within the Fisher Arch right-of-way. With regard to traffic impact, a Traffic Impact Study has been conducted, and the results indicate that the impact on the existing transportation system is acceptable, but as expected, when the business park along Fisher Arch is completely developed, a traffic control signal will be necessary at the intersection of Sandbridge Road and Fisher Arch. This signal would be required once the business park fully develops, with or without the proposed development; therefore, the developer will be required to provide a bond for a portion of the cost of that signal. In sum, the infrastructure of the surrounding area is capable of supporting the proposed development, without any negative impacts. Also related to the location of the site is the site and building design. The location on Fisher Arch at the intersection with Sandbridge Road influences the degree to which the design of the building should include architectural details that invoke what is commonly known to be `rural character.' The applicant, in PRINCESSBORO DEUELOPMENT Agenda Item 11 Page 6 response to recommendations of the TA-ITA CAC's Design Review Committee, has introduced such design elements into the building design. For this location, at the eastern end of a business park, staff concludes that the degree to which the applicant has integrated `rural' design elements into the building is appropriate. The design of the site is such that the 50-foot wide landscaped buffer on Sandbridge Road, the eight-foot high wrought-iron style fence, the 30-foot wide street frontage buffer on Fisher Arch, and the landscaped nature of the outdoor sales area will create a primarily 'green,' open space character to the site. Based on staff's evaluation of the request, as provided above, staff recommends aqproval of this request as proffered. 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 exhibit entitled "REZONING EXHIBIT OF PROPOSED ANDERSON'S HOME AND GARDEN CENTER FOR PRINCESSBORO DEVELOPMENT", dated 02/ 06/14, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Development Plan"). PROFFER 2: When the Property is developed, the structures depicted on the Conceptual Development Plan shall be developed using architectural designs, materials and colors substantially as designated and shown on the three (3) exhibits entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE" (a) "Elevation - Sandbridge Road", (b) "Perspective" and (c) "Material Color Selections", prepared by arci architects, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). PROFFER 3: The freestanding sign depicted on the Conceptual Development Plan shall be a monument style sign substantially as depicted on the exhibit entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE, Elevation - Street Signage", prepared by arci architects, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Sign Elevation"). PROFFER 4: (as revised after Planning Commission Hearing) When the Property is developed, j , . it shall be extensivelv landscaped in substantial compliance with the detailed landscape plans desiqnated "LANDSCAPING SHEET OF ANDERSON'S SHOWPLACE" Sheet L1 and "LANDSCAPE NOTES & DETAILS OF ANDERSON'S SHOWPLACE", PRINCESSBORO DEVELOPMENT Agenda Item 11 Page 7 Sheet L2 presented bv Kellam Gerwitz P C which have been exhibited to the Virqinia Beach Department of Planninq (the "Landscape Plan"). PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable, as each ensures that development of the site and building will be as shown on the plans shown within this report and presented to the Planning Commission and City Council. The City Attorney's Office has reviewed the proffer agreement dated February 28, 2014 and found it to be legally sufficient and in acceptable legal form. 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 applicab/e permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certifcate 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. PRINCESSBORO DEUELOPMENT Agenda Item 11 Page 8 ., __:'A 1 } AERIAL OF SITE LOCATION ? , PRINCESSBORO DEVELOPMENT Agenda Item 11 Page 9 y.,; oF -_,;-• ,? I ?II ? ta--t- uyi? g . Y)WW ? oQg ; < a ?a ?u Co=?/? OKC7? b ?=V/ G ? C. \ `o ? 6m? - oa? < N. G ? V J G ? 4 $ t ? I z? 1 z?? _? k? I z u.y ? Q LL ?.1 6? O' , , py Y S ? • ¢ z.. 2 i °C m + VZ: I. ?7 . ? .. . W. .. .- - .. .? , ' . . ? '___" _.. .. ......` .. 2I?HSI3 PROPOSED SITE PLAN - FULL SIZE (Proffer 1) I , PRINCESSBORO DEVELOPMENT Agenda Item 11 Page 10 . b. S ?._ ?•. J PROPOSED LANDSCAPE PLAN SHEET L1 (Proffer 4) PRINCESSBORO I DPMENT ' a Item 11 ? Page 11 ? ? e ? ? S(v ?i? yE ? f f ??a f ? i?l j? °?3??1 a °,? e ?1??, , 4„ i?=j?;? } i ,. ? , ? +FN? 3s a ? e?F p ?F e.A A ? ? t y ?y7 5 ?a Fa °A'? ? ?a K Y& ?eY q ? y? `.= Rbt Y ?a 13 ? ?! "Y s . ygu i[tt ? es?[ 4 3 c? •Fti?3e ? ?g'?`?y 4 3 7A?9?it H ?v a? 0 i ? ? 3t ? I I? q g? t F? ?y3 ; o qlf. ??i e?? PROPOSED LANDSCAPE PLAN SHEET L2 (Proffer 4) ? PRINCESSBORO DEVELOPMENT ? , Agenda Item 11 Page 12 ?. ? 1 Ud L= C)? U ? ? a 3 a O L N c: Q) -o C ? N E O 2 ? C O ? L^` W ? ? Q RENDERING OF PROPOSED BUILDING [FRONT VIEW FROM FISHER ARCH & SANDBRIDGE ROAD] (Proffer 2) PRINCESSBORO D l %genda Item 11 Page 13 a i I ? 0 Um ?L oO W ? U0 O a? ? 3 _ o'O c ?N V), co N o 70 > Ow ? ? c C3 N E O 2 N C: 0 N i ? ? C: Q ELEVATION DRAWING OF PROPOSED BUILDING [NORTH SIDE VIEW FROM SANDBRIDGE ROAD] (ProfFer 2) PRINCESSBORO DEVELOPMENT kgenda Item 11 Page 14 I ? Y •- i U m I W ? x ?o U . ? m a? O? ? N o - C ? m 7C3 O ? Y ? w ? ? ? O 2 ?n C O N L ? ? ? Q Y z S d W i W a J S PROPOSED EXTERIOR MATERIALS AND COLORS (Proffer 2) ' ? PRINCESSBORO DEVELOPMENT , Agenda Item 11 Paae 15 U? ?L ?J o • ? ? W a Q C/) N ? O Z Z J •W oLL • W ? O W= -- ? 0 m ? zW ? Q? ? _ (1) a) U0) 0 d m N Q ? O? L ? N o W ' ? W L v 7C) c W 0 2 c O W 7C) ? Q .. , _ .og PROPOSED MONUMENT SIGN (Proffer 3) PRINCESSBORO =VELOPMENT kgenda Item 11 Page 16 ?_ ?vAvl I Vv ¦ ..v . v... # DATE REQUEST ACTION 1 10/12/2012 Conditional Use Permit Communications Tower Granted 2 02/28/2012 Conditional Use Permit (bulk stora e Granted 3 02/24/2009 Chan e of Zonin (AG-1 & AG-2 to Conditional B-2 & 0-2 Granted 10/31/2013 Modification of Proffers Granted 4 03/28/2006 Chan e of Zonin AG-1 & AG-2 to Conditional PD-H2 R-101 and P-1 Granted 5 06/14/2005 Conditional Use Permit Child Care Education Center Granted Rezoning (AG-1 & AG-2 to Conditional R-20 & P-1) 6 08/12/2003 Conditional Use Permit (open space promotion) Granted Conditional Use Permit outdoor recreation facilit - e uestrian 7 05/25/1999 Chan e of Zonin AG-2 to Conditional B-2 Granted 08/28/1993 Modification of Conditions (church expansion) Granted $ 03/26/1990 Conditional Use Permit church Granted W PRINCESSBORO Agenda Item 11 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: (Atfach list if necessary) Princessboro Developmenl Company, Incorporated: David E. Kellam, Presidenl; 5usan F. Fisher, Vice President Suzanne K. Parker, Treasurer; Catherine Flinn Kellam, Secretary; John S. Kellem, Director; David E. Kellam, Jr., Director 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach lisf if necessary) M 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 ali businesses that have a parent-subsidiary' or affifiated business entity2 relationship with the applicant: (Atfach lisf if necessary) F]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page For footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No M If yes, what is the name of the official or employee and the nature of their interest? 49 1 1 ` ? ? ? ? ? / ? DISCLOSURE STATEMENT PRINCESSBORO DE\/ELOPMENT Agenda Item 11 Page 18 ? ? ? ? ? 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 architecturaf 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. Harvey Lindsay Commercial Real Estate { ? ? '"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. 1 ? Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and l.ocal Government Conflict of Interests Act, Va. Code § 22-3101. 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. ? David E. Kellam, President Applicanf's ignature 24 Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT PRINCESSBORO DEVf LOPMENT Agenda Itern 11 Page 19 Transition Area/ITA Citizens' Advisory Committee Design Review Subcommittee Comments for the Planning Commission July Agenda Item# 11 Princessboro Development On Tuesday July 1, 2014, the Transition Area/ITA Citizens' Advisory Committee Design Review Subcommittee met to receive a third briefing on the proposed Anderson's Home, Garden, Boutique, Cafe, and Landscaping Center. The committee commends the improvements made to the proposal presented on January 23, 2014. For instance, via applicant's acquisition of additional site acreage, the new proposal incorporates both the BMP and the delivery drive aisle on to the site layout. Nevertheless, the committee recommends additional improvements be made in order that the proposal meet the Transition Area Guidelines for non-residential development. To that end, the committee recommends the following: RECOMMENDATIONS: 1. Minimize impervious surface by reducing size of parking lot and/or using pervious pavement materials and increasing parking area landscaping/green areas. a. Reduction of the pervious parking lot may be accomplished by shifting the layout of the structures (including location of outdoor retail space), BMP, and parking lot so that the majority of the parking area is shielded from the front and side facing Sandbridge Road. b. Atlantic Garden Center, previously located at the corner of PA Road and General Booth Blvd. had pervious parking throughout and to the side and back of the building front. c. See London Bridge Garden Center: d. Movement of the BMP to a location closer to the impervious runoff area (parking surface) would also maximize drainage potential from the lot to the BMP to be filtered before it leaves the site. e. Movement of the BMP would also encourage incorporation of BMP as site amenity. 2. Design proposed building to be compatible with the TA rural style architecture theme in order to respect the community character associated with the TA. a. Atlantic Garden Center, once located at the corner of PA Rd. and General Booth, had a large veranda-type porch feature spanning the length of the building front. This would be more in keeping with the thematic illustrated in Transition Area documents provided to applicant during January meeting. 3. Provide a detailed landscape plan that clarifies fencing type and design, addresses the type and size of landscaping, and incorporates a landscaped screening buffer along the boundary of the parcel adjacent to other properties. 4. Convey open space percentages and amenities on site plan. a. The site plan indicates approximately 33% of this site in open space as landscaping, buffers, and grassy areas. These amenities and percentages should be included on the site plan. Retail space, whether open and outside or enclosed and inside, should not be considered open space. Item #11 Princessboro Development Conditional Change of Zoning 1901 Sandbridge Road District 7 Princess Anne July 9, 2014 REGULAR Dave Redmond: Now we will address the remaining matters on our agenda, and I will ask the Secretary Bob Thornton to please cail the first item. Mr. Thornton. Bob Thornton: Mr. Chairman, the first item is item 11, Princessboro Development. This is a Conditional Change of Zoning from AG-2 to Conditional B-2, 1901 Sandbridge Road. I would like to note that while this was one we considered putting on the Consent Agenda, we've asked the applicant to give us for the public record the process by which this applicant has gone through to be with us today. Mr. Bourdon. Eddie Bourdon: Thank you Mr. Thornton, Mr. Chairman and members of the Commission, Eddie Bourdon, for the record representing the Anderson family. The Andersons, they were the creators, owners and operators, as they are today, of Anderson's Home and Garden Center on Jefferson Boulevard in Newport News. This business has been in existence for 60 years, and they have within the last 12 months decided that it was time to expand and build a second home and garden center here in Virginia Beach. That led them to why we are here today. I want to first of all take a moment to thank both Dr. Stephen White and Mr. Robert Davis on Director Whitney's staff for the efforts they have provided and the time they have put in with working with the Andersons on this application. Dr. White gave an excellent presentation this morning on the details of this plan. The one thing that I will mention is that this piece of property has 684 feet of frontage on Sandbride Road. The building that we are talking about it self only has 120 feet of depth, or 120 feet that runs parallel to the 684 feet of frontage, on Sandbridge Road. From this point to this point, 684 feet, the building frontage or the building size is 120 feet in depth. The existing pavement out on Sandbridge Road, the distance from that pavement to this building is 250 feet, 250 feet from the existing pavement to the building itself that fronts Sandbridge Road. The road is going to be widened, which is a great thing. Ms. Henley was successful and Council heard from the entire community, business, residents, etc., and that road is going to be widened, and this reservation area out here is under contract to be acquired for that widening to occur as Ric Loman was describing this morning. That is not going to bring the road all the way to here. The road will be out here. What we have provided with this plan, a 50 foot landscape buffer along Sandbridge Road prior to the landscaping, and the open air pervious outdoor sales area that will be full of mature plant material. But you are still going to have 150 to 200 feet, even after the road widening, of landscaping in front of the building itself; so, to make that clear. There was some discussion this morning about it because Item #11 Princessboro Development Page 2 all we provided was the elevations so you see what the building which is going to look like, that building, comprises only 16%z percent of the entire frontage on Sandbridge Road. It will all be landscaped, again with exception of the parking lot. The site has 56 percent open space. And open space is what is not a building and what is not a parking lot covered with asphalt, and what is not a greenhouse. So that 56 percent open space does not include, building, greenhouse or asphalt parking drive aisles, etc. The building comprises lot coverage of 7.3 percent of the property. It is 7% acre piece of property, and the fa?ade of the building is only 16%z feet in elevation. By contrast, the church across the street, and all of the retail to the west of this property, the fagade of those buildings, range from 24-26 feet on the low end to well over 40 feet on the high end. The lot coverage on all of those other sites goes from 14 percent to almost 30 percent for the retail buildings. So, it is a very open and green site that we are, and you all spoke about this this morning in the informal, because it is a nursery. It is a lot more than that, but that is essentially what it is as far as the view from the street is concerned. The Anderson's, before they applied for this It is Princessboro's application and they own the property but it is really Anderson's application obviously. Before applying, they met with the TA/ IT Citizens Advisory Committee, and I was told, I was not there, I'm told it was a very positive meeting; so, they proceeded putting together plans, and had me on behalf of them and Princessboro, file this application. They met a second time with the Committee back in May, and actually it was with a subcommittee. It happened to be a very positive day. It was the day the City Council was about to approve the new CIP, again, Ms. Henley was successful in getting much needed improvements to Sandbridge Road in that CIP. And as a result, we did need to change the plan because it didn't have that additional 50-foot butter. We needed to move it back as Dr. White described this morning has been done. The other main thing at that second meeting, which again, the Anderson's presented, it is a family business. They've never developed any real estate in their lives. Their elevations that they had done were not, and I have to agree, the elevations were not attractive enough. They were not particularly appropriate in terms of their appearance, and there was a lot of other discussion at that meeting; so, they went back and they were encouraged to do so by the subcommittee to their credit, and they went back and revised the elevations to what you have today. At the third meeting, which was the second meeting with the subcommittee which I presented, I felt like the subcommittee was for the most part very appreciative of the improvements that had been made to the building and there was some concern about it not being rural enough, and that is okay. These are business folks. It's their business. They have been very successful with their business. We think it is rural enough. I believe it is more rural than anything else that is out there. It is certainly more in keeping with the Equi-Kids facility to the east than it is with anything to the west, and most importantly we believe, and my clients believe very much so, that this will be a show place. It will be a very successful place, and one that everyone in the community will come to and will enjoy. That is what they hope will be the case. It has certainfy been the case with their facility on Jefferson Boulevard in Newport News. And we appreciate everyone's time and effort and look forward to moving on to City Council. Item #11 Princessboro Development Page 3 Dave Redmond: Are there any questions for Mr. Bourdon? No questions for Mr. Bourdon. Thank you Mr. Bourdon. You can hang close just in case there is any rebuttal necessary. Mr. Thornton? Bob Thornton: We have no one to speak in opposition. Dave Redmond: We have no speakers in opposition. Mr. Bourdon, therefore, does not need another bite at the apple. So, we will close up the public hearing and open it up for discussion amongst the members. Mr. Horsley. Don Horsley: Mr. Chairman, as we discussed this morning, this is a home and garden center. I think that the applicant has done an outstanding job of ineeting the concerns of the Citizen's Advisory Group. I think the landscaping and whatever will be there for the home and garden center, the buffer along Sandbridge Road, the entrance does not enter on Sandbridge Road, it is Fishers Arch. I think when the development, as stated this morning, I think when the development of this whole area is completed, this home and garden center will kind of be a beautiful entrance to that area with the landscaping and the building that is going to be there. And, in my way of thinking, it does meet the rural character of the area. So, with that being said, I'm prepared to make a motion that we approve the application as we have today in our packet. Jan Rucinski: Second. Dave Redmond: Is there any other discussion? I just want to say one piece, and that is that I live very near a garden center in an entirely different part of the city, and i found that it is a tremendous asset to our community and it draws people out of our neighborhoods and other places, and it is a truly, enjoyable place particularly for me on Saturday or a Sunday morning, and I don't understand, frankly, why there was, what I would consider to be, quite of bit of anxiety about the potential use of this property. I think this is an ideal use virtually in any place and adjacent to any neighborhood on virtually any roadway. But certainly within a Transition Area, a garden center that highlights planted material and is both a credit and an attraction to homeowners and people who want to beautify their home or their business or any place else. That strikes me as an ideal use. And I think it will be a real asset to this community. So I think it is a fine building. The materials are excellent materials of high quality that are meant to last and maintain their appearance for a very long time. And I think, as I said, this is going to be a real credit to the community. So, I appreciate the work that the applicant has done to get it here, and I look forward to seeing it, visiting it many years to come. Is there anybody else? Mike Inman: I feel like the Andersons are being welcomed here to Virginia Beach and that this is an outstanding looking facility. It seems very appropriate for the area in terms of need and where it is situated, and I would hope that we could approve this application. Item #11 Princessboro Development Page 4 Dave Redmond: Thank you Mr. Inman. Are there any other comments? There is a motion on the floor made by Commissioner Horsley and seconded by Ms. Rucinski, thank you. We are ready to vote. 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 recommended approving item 11 Princessboro Development. Eddie Bourdon: Thank you very much. Dave Redmond: Thank you Mr. Bourdon: Are there any other matters to come before this Commission? Anybody? Last chance? Okay, we are adjourned. See you next month. 04 .? U 2 1 F N S?? ?UR NPS?? ? CITY OF VIRGINIA BEACH 1NTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8922 TO: Mark D. Stiles ? FROM: B. Kay WilsonP DATE: August 11, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Princessboro Development The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 19, 2014. I have reviewed the subject proffer agreement, dated February 28, 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 PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of February, 2014, by and between PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED, a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a 26.303 acre parcel of property located in the Princess Anne District of the City of Virginia Beach, designated as Parcel D-2A and described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the Grantor 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 Classifications of a 7.56 acre portion of Parcel D-2A (hereinafter referred to as the "Property") from AG-2 A.gricultural District to Conditional B-2 Commercial 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 WHERF.AS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: Part of 2414-31-6172 PREPARED BY: PTePared by: R. Edward Bourdon, Jr., Esquire ?', :SY'L-S. R0[TRllON. Sykes, Bourdon, Ahern & Levy, P.C. `•?? AURN ? LLVY• 1 '•(-- 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #22ibo 1 PREPARED BY: !.9: SYkES, ROURD(9N, rijR AdILRN & Lm I,.C. WHEREAS, the Grantor has 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, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, 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 have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid ?ro 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 Grantor, its successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT OF PROPOSED ANDERSON'S HOME AND GARDEN CENTER FOR PRINCESSBORO DEVELOPMENT", dated 02/06/14, prepared by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and , are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Development Plan"). 2. When the Property is developed, the structures depicted on the Conceptual Development Plan shall be developed using architectural designs, materials and colors substantially as designated and shown on the three (3) exhibits entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE" (a) "Elevation - Sandbridge Road", (b) "Perspective" and (c) "Material Color Selections", prepared by arci architects, copies of' which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). 3, The freestanding sign depicted on the Conceptual Development Plan shall be a monument style sign substantially as depicted on the exhibit entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE, Elevation - Street Signage", prepared by arci 2 architects, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Sign PREPARED BY: a, : SYIC£S, BOURDON, ZEN Ajt[RN & LLVY. P.C Elevation"). q.. When the Property is developed, it shall be extensively landscaped in substantial compliance with the detailed landscape plans designated "LANDSCAPING SHEET OF ANDERSON'S SHOWPLACE", Sheet Li and "LANDSCAPE NOTES & DETAILS OF ANDERSON'S SHOWPLACE", Sheet L2 presented by Kellam Gerwitz, P.C. which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Landscape Plan"). 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-2 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property ' and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuii: 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. 3 The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, ' including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: ] : SYKLS, BOURIDON, ':?il APERN & Lk'VY, P.C. 4 WITNESS the following signature and seal: Grantor: Princessboro Development Company, Incorporated, a Virginia corporation (SEAL) David E. Kellam, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 4tn day of March, 2014, by David E. Kellam, President of Princessboro Development Company, Incorporated, a Virginia corporation, Grantor. N Notary Public PREPARED BY: Q : SYIC£S, BOURDON, dil f414ERN & LEVY, P.C My Commission Expires: August 31, 2014 Notary Registration Number: 192628 5 EXHIBIT "A" PARCEL D-2A ALL THAT certain lot, piece or parcel of land with any improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel D-2A as shown on that certain plat entitled, "SMB 1 os PG 9) SANDBRIDGE MARKETPLACE (Instr. No. 20051228002079030) ( Virginia Beach, Virginia", prepared by MSA, P.C., dated June 29, 2011, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20120615000663450• GPIN: 2414-31-6172 REZONING PARCEL (the "PROPERTY") ALL THAT CERTAIN PIECE OR PORTION OF "PARCEL D-2A", gpin 2414-31-6172, located in the Princess Anne District of the City of Virginia Beach, Virginia, containing 7.56 acres and being more particularly described as follows: BEGINNING at a point on the eastern right of way line of Fisher Arch at the point of intersection with the southern boundary line of a"Right of Way Reservation Area = 20,541 SF OR 0.472 AC." granted to the City of Virginia Beach, Virginia as depicted and described on that Plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20051228oo2o7903o and from said point of beginning running South 50° 04' 20" East, 684.07 feet along the southern boundary of the afore referenced "Right of Way Reservation Area = 20,541 SF or 0.472 AC." to a point; thence South 39° 57' 18" West, 497.86 feet to a point; thence North 50° 02' 42" West, 514.65 feet to a point; thence North 26° 26' 06" West, 178.29 feet to a point along the eastern right of way line of Fisher Arch; thence following the eastern right of way line of Fisher Arch along the arc of a curve to the left with a radius of 230.01 feet in a northeasterly direction an arc length of 119.22 feet; thence along the eastern right of way line of Fisher Arch North 33° 52' oo" East, 176.33 feet; thence along the eastern right of way line Fisher Arch along the arc of a curve with a radius of 969•94 feet in a northeasterly direction an arc length of i08.6o feet; thence following the eastern right of way line of Fisher Arch North 40° 16' 53" East, 26.20 feet to the Point of Beginning. PART OF GPIN: 2414-31-6172 paEPnRED aY: H:\AM\Conditional Rezoning\Princessboro Development\Anderson's Home & Garden\Proffer 6-19-14.doc 9110 SYKLS. BOiJRD()N. MU AII£kN & LLVY. P.C. ? M M W ? ? ? ? ? ?O M Q ? o ,o - s? a ? w ? N m ? i sG I ? ? C t V ? C O N C O w` O ? a d ? ?o a ? ? 0 ? P ? C O ? c 0 u 3 a? C C N « f 04 JJ ?lt`vyy? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: NORTHAMPTON EXECUTIVE CENTER, LLC (Applicant and Owner), Conditional Change of Zoninq, B-2 Community Business to Conditional B- 2 Community Business and Conditional A-36 Apartment District. 1300 Diamond Springs Road (GPINs 1469211894 and 1469116333 [portion ot]). BAYSIDE DISTRICT. MEETING DATE: April 8, 2014 ¦ Background: This application was deferred by the City Council on April 8, 2014 at the request of the applicant. In June, the applicant requested that the item be returned to the City Council for consideration. A new public notice sign was posted on the property with the new public hearing date, adjacent property owners have been notified, and the item has been advertised as required in the Virginian-Pilot. The 8.51-acre site, zoned B-2 Community Business, is located at the corner of Diamond Springs Road and Northampton Boulevard. The applicant proposes to subdivide the site into two parcels, one of which will be 5.95 acres. A Change of Zoning to Conditional A-36 Apartment District is requested for this new parcel in order to construct up to 180 apartment units. The resulting density will be 30 units per acre. The existing office building at the corner will remain; that 2.56- acre parcel is proposed to be rezoned to Conditional B-2. ¦ Considerations: The submitted conceptual plan shows the existing office building, finro proposed apartment buildings, and a clubhouse with a swimming pool. The existing vehicular access on Diamond Springs Road will remain and will provide ingress/egress to both the office users and the apartment dwellers. It is the applicant's intent to share parking between the apartment and offices uses. Such an arrangement requires the submission of a parking study as required by Section 203 (b) (10) of the City Zoning Ordinance. The applicant submitted a parking study and the shared parking arrangement as outlined in the study and per the requirements the Zoning Ordinance has been approved by the Zoning Administrator. During the deferral period, the applicant met with the residents of surrounding residential neighborhoods, and proffered the installation of a four-foot high black aluminum picket fence along the Northampton Boulevard frontage and along the northern lot line adjacent to the Virginia Tech Extension Station. NORTHAMPTON EXECUTIVE Page 2 of 3 Specific details pertaining to site layout and building design 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 10-0-1, to recommend approval of this request to the City Council as proffered. PROFFER 1: When developed, Owner shall develop the Property, including the building and landscaping thereon, in substantial conformity with that certain preliminary site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF NORTHAMPTON APARTMENTS, VIRGINIA BEACH, VIRGINIA," prepared by MSA, P.C., and dated March 13, 2013 (the "Plan"), consisting of finro (2) sheets, a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the buildings shown on the Plan as "PROPOSED APARTMENT BUIDLING 1 and PROPOSED APARTMENT BUILDING 2" on the Apartment Parcel shall be developed using architectural designs and building materials shown on the elevation precedent dated March 22, 2013, prepared by Cox, Kliewer & Company, P.C. and titled "Northampton Apartments," (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 3: As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the required Category IV Landscaping along the northern property line required by Section 603 of the City Zoning Ordinance may be deviated from and replaced with additional plant materials, beyond what is minimally required by City ordinances, as depicted on the Plan. Since the adjacent lot to the north, zoned R- 7.5 Residential is not developed in a residential manner and is owned by the Commonwealth of Virginia and used as an agricultural extension center for Virginia Tech, the deviation from the required Category IV Landscaping will have no significant detrimental effect on such adjacent lot. PROFFER 4: Further conditions lawfully imposed by applicable development ordinances 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. NORTHAMPTON EXECUTIVE Page3of3 ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . 1/- BAYEI DE `?•?,buNortham mon Executive Center. LLC . - i1 R7.5 ^ B2 r . _ _ - a ?A R5D : , . ? f oz*. ?2= - ? l ' BZO? z.?.+e c.?w.a.s,ar... o.e sa•. v?i« ZoMng cnange trom e-z ro conortanat A-.rc and CondiGOnalB-2 D2 March 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: NORTHAMPTON EXECUTIVE CENTER, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Chanae of Zoninq (B-2 Community Business District to Conditional B-2 Community Business District and Conditional A-36 Apartment District) ADDRESS / DESCRIPTION: 1300 Diamond Springs Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14691163330000 BAYSIDE 8.51 acres Less than 65 dB DNL 14692118940000 APPLICATION HISTORY: On February 12, 2014, the Planning Commission deferred this application at the request of the applicant. BACKGROUND / DETAILS OF PROPOSAL The 8.51-acre site, zoned B-2 Community Business, is located at the corner of Diamond Springs Road and Northampton Boulevard. The applicant proposes subdivide the site into two parcels, one of which will be 5.95 acres. A Change of Zoning to Conditional A-36 Apartment District is requested for this new parcel in order to construct up to 180 apartment units. The resulting density will be 30 units per acre. The existing office building at the corner will remain; that 2.56-acre parcel is proposed to be rezoned to Conditional B-2. The submitted conceptual plan shows the existing office building, two proposed apartment buildings, and a clubhouse with a swimming pool. The existing entrance along Diamond Springs Road will remain and will provide ingress/egress to both the office users and the apartment dwellers. A substantial increase in plant material is proposed at the site's entrance. In addition, property will be dedicated to the City of Virginia Beach for a northbound right-turn lane in Diamond Springs Road. The parking summary indicates that 502 total parking spaces between the two sites will be provided. It is the applicant's intent to share NORTHAMPTON EXECUTIVE CENTER, LLC Agenda Item D2 Page 1 parking between the apartment and offices uses. As required by Section 203 (b) (10) of the City of Virginia Beach Zoning Ordinance, the applicant submitted a parking study indicating the highest time of shared utilization resulted in a need of 384 parking spaces. Based on the distribution and number of proposed parking spaces, the shared parking arrangement as outlined in the study and per the requirements the Zoning Ordinance has been approved by the Zoning Administrator. The proposed architecture of the apartment buildings is contemporary in design with traditional elements. Building materials include Hardieplank0 smooth siding accent bands at the roof line and the gable ends, vinyl lap siding, shingle panel siding, brick, and cast stone for the water table element. Proposed roofing materials are CertainTeedo architectural shingles. Proposed amenities for the apartment dwellers include a dog park, several grilling stations, covered bike parking and a clubhouse with a swimming pool. The office property (2.56 acres) is void of the required minimum plant materials, as the site was developed prior to adoption of landscaping requirements. Significant pedestrian and aesthetic improvements to the office site are proposed to include the addition of a sidewalk connection to the right- of-way, foundation landscaping along the Northampton Boulevard faCade, plantings at the intersection of Diamond Springs Road and Northampton Boulevard in a 11,400 square foot open space area, streetscape landscaping along the drive aisle adjacent to Diamond Springs Road and interior parking lot landscaping. A deviation to the required streetscape landscaping along Northampton Boulevard is proposed. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: office building and parking lot, wooded area SURROUNDING LAND North: . Virginia Agricultural Experiment Station / B-2 Community USE AND ZONING: Business District South: . Northampton Boulevard • Office uses / 0-2 Office District, B-2 Community Business District East: . Northampton Boulevard • Office uses, office warehouse / 0-2 Office District, B-2 Community Business District, Conditional I-1 Light Industrial District West: . Diamond Springs Road • Restaurant, office warehouse / Conditional 0-2 Office District, B-2 Community Business District, I-1 Light Industrial District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. A relatively small CULTURAL FEATURES: portion of the 8.5 acre parcel is currently developed with an office building and parking lot; however, a portion of the lot is currently wooded. Much of the wooded area has been disturbed in the last 20 years resulting in a mix of low growth scrub and shrub cover with larger, mature trees in the undisturbed, eastern section of the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Urban Area, Strategic Growth Area 1, Burton Station. The Northampton Boulevard Corridor Strategic Growth Area NORTHAMPTON EXECUTIVE CENTER;"tLC Agenda IterhD2 Page 2 Implementation Plan (Burton Station Plan), adopted December 2008 is one of the eight strategic growth areas (SGA) within the City identified to provide opportunities for continued physical and economic growth; protect established neighborhoods from incompatible development; maximize infrastructure efficiency and create unique and exciting urban destinations. The Plan sets a vision for the Burton Station SGA and identifies this area of Burton Station as suitable for a low density pedestrian village with open space and employment opportunities. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The MTP proposes a six-lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning at capacity at a Level Of Service D. No roadway CIP projects are slated for this area. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Diamond Springs 28,247 ADT 28,200 ADT (Level of Existing Zoning - 4,681 Road Service "C") - 32,800 ADT ADT' (Level of Service Proposed Land Use 3- "E" 1,907 ADT Average Daily Trips Z as defined by 8.51 acres of property zoned B-2 Community Business District, existing office is 710 ADT 3 as defined by 180 apartment units on 5.95 acres of A-36 Apartment District (1,197 ADT) & 1.53 acres of B-2 Community Business District 710 ADT WATER: This site is currently connected to City water. The existing 1.5-inch water meter and the existing eight-inch fire meter can be used or upgraded to accommodate the proposed development. There is an existing twelve-inch City water main along Diamond Springs Road, an existing 20-inch City water main along Northampton Boulevard and an existing twelve-inch City water main extending into the site from Diamond Springs Road. SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #326 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. A portion of this site is outside of the service area for Pump Station #326. Any additional flows to this pump station would be subject to upgrade fees. There are two existing ten-inch City sanitary sewer gravity mains along Diamond Springs Road. There is an existing 20-inch HRSD force main and a 48-inch force main along Diamond Springs Road. SCHOOLS: School EnrCurrent ollm nt Capacity Generation' Change 2 Bayside Elementary 468 587 33 33 Bayside Middle 996 1,176 12 12 Bayside High 1,803 1,895 17 17 "generation" represents the number of students'that the development will add to the school NORTHAMPTON EXECUTIVE.aCENTER;'LLG Agenda Item D2 Page 3 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students) EVALUATION AND RECOMMENDATION As this site is within the Northampton Boulevard Corridor Strategic Growth Area (Burton Station SGA), the orientation and location of the buildings is very important in order for the vision outlined in the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan (Burton Station Plan) to become a reality. In attempting to create an urban streetscape along Diamond Springs Road, Staff recommended that the apartment buildings be relocated up to the street as called for in the Burton Station Plan. The Special Area Development Guidelines of the Comprehensive Plan's Reference Handbook Document include design recommendations for the Suburban and Urban Areas, addressing both site and building design. These Guidelines also recommend buildings be sited close to the street with off-street parking behind or beside the buildings. Several hurdles are present on this site, constraining building placement and achieving an overall urban site design. These challenges affect the ability to implement the City's vision, including building placement along Diamond Springs Road. There is an existing cell tower on the site that the applicant claims cannot be moved. Unfortunately, the cell tower location, its power lines and cables, as well as the access easement severely constrain the design opportunities for this site. Staff was not able to convince the applicant that relocating the easement would open up design options not available as currently laid out. The positive outcome of this effort is a 14,300 square foot open space area adjacent to Diamond Springs Road that, over time, will serve as a visual amenity as this area continues to redevelop under the vision of the Burton Station Plan. Also, Staff initially believed that relocating the existing entrance more central along the Diamond Springs Road frontage would provide a natural split between the uses and allow for additional flexibility in creating a more urban site. According to the applicant, however, the existing entrance at its current location is ideally located at the median break, providing safer ingress and egress to the site. Staff agrees that the farther the distance the entrance is from the intersection, the more likely ample room is provided for the required right-turn lane and taper length. Traffic Engineering Staff noted that the area of right-of-way dedication for the proposed right turn lane on northbound Diamond Springs Road is insufficient. The sidewalk adjacent to the right turn lane taper needs to be within the right-of-way as well. This detail can be worked out during the site plan review process. It is Staff's opinion that the existing entrance is ideal to ensure safe vehicular right and left turns into the site. While a specific use or vision for this site is not explicitly identified in the Burton Station Plan, it is the general application of the Burton Station Plan's vision and the Comprehensive Plan's policies that shape Staff's recommendations below. The design principles found in the Comprehensive Plan's Guidelines, when implemented, are tailored to ensure projects contribute to improving the quality of the city's physical environment and overall quality of life. It is staff's conclusion that the project meets the majority of these Guidelines, particularly with regard to those described below. SITE DESIGN GUIDELINES: Setbacks & Building Location - The Site Design Guidelines call for buildings to be sited close to the street with off-street parking behind or beside the buildings. Understanding the existing components on the site that make placing buildings along the Diamond Springs Road frontage difficult, the site is designed with all proposed parking spaces hidden from view of the rights-of-way. As building placement is recommended at corner locations and specifically prohibits parking, loading or service areas at an intersection, the existing office building parking spaces adjacent to the intersection of Northampton NORTHAMPTON EXECUTIVE CENTER;:?LC Agenda Iterri D2 Page 4 Boulevard and Diamond Springs Road are proposed to be screened from view with the installation of plant materials. Access and Circulation - A Traffic Signal Warrant Analysis was completed by Mr. Bryant B. Goodloe, P.C. for the intersection of Diamond Springs Road and the site entrance. It was determined that no traffic signal is warranted for the intersection of Diamond Springs Road and the site entrance. The existing access point from Diamond Springs Road is proposed to serve both the proposed apartments and the existing office uses. No vehicular access is proposed along Northampton Boulevard. Consistent with recommendations in the Burton Station Plan, pedestrian access and safety is enhanced with the installation of sidewalks along a portion of Northampton Boulevard and along Diamond Springs Road and throughout the site. Parking Areas - As recommended by the Burton Station Plan and the Comprehensive Plan, no parking is depicted immediately adjacent to Diamond Springs Road. An existing, very dense, planted buffer will remain along Northampton Boulevard. The project includes shared parking between the office use and the apartment dwellers. As required by Section 203 (b) (10) of the City of Virginia Beach Zoning Ordinance, shared parking is permissible under certain conditions. Staff has reviewed the request and found the conclusions of the parking study submitted for the shared parking proposal acceptable. The estimated peak parking need of 384 spaces and the 481 proposed parking spaces are within acceptable limits of both minimum required and maximum parking allowed. The conclusion is that the distribution and number of proposed parking spaces for both the office and apartment uses is sufficient and has been approved by the Zoning Administrator. Landscaping - Significant retrofit of plant materials and plantings beyond the minimum requirements are proposed on both the office and apartments sites that include foundation plantings, landscaping at the intersection of Diamond Springs Road and Northampton Boulevard in a 11,400 square foot open space area, streetscape landscaping along the drive aisle adjacent to Diamond Springs Road and a 14,300 square foot open space area with a mix of flowering and evergreen trees and shrubs. There is an existing dense buffer along Northampton Boulevard that will remain as an alternative to the required streetscape landscaping between the proposed parking lot and the right-of-way. The details of the required plant materials, for example, interior parking lot plantings, will be further scrutinized during final site plan review. Natural Features - Unfortunately, none of the wooded area is proposed to be preserved. The Apartment Districts do not require a minimum set aside of property for passive, outdoor open space. The club house and swimming pool are positioned to take advantage of the existing natural area to the north and many of the apartment dwellers will also enjoy views of these woods until such time as the site is developed. A strip along Northampton Boulevard, owned by the Commonwealth of Virginia, will remain heavily vegetated providing a buffer between the apartment site and the right-of-way. Stormwater Management as Landscape Amenities - The specifics of the stormwater management strategy have not been finalized; however, the applicanYs engineer has stated that underground systems for capture and treatment of stormwater are proposed. No ponds are proposed as amenities. Signage - The entry signage is depicted on the plan as a brick monument style sign, externally illuminated. Outdoor Art - Early discussions with the property owner indicated a willingness to install a visual amenity at the intersection of Diamond Springs Road and Northampton Boulevard. Unfortunately, this idea was not brought to fruition. Staff believes this site has the potential to serve as a gateway to this side of the Burton Station SGA. In lieu of a fountain or outdoor art, the applicant will install plant material as depicted on the proffered plan. NORTHAMPTON EXECUTIVE CfNTER,??-,LC: Agenda Ite6 D2 Page 5 BUILDING DESIGN GUIDELINES: Scale and Buiiding Mass - The largest of the two apartment buildings is proposed with a footprint of approximately 41,000 square feet. Both buildings are attractive and incorporate the following architectural details: separate ground floor access to many of the first floor apartment units, individual window and door details, columns, and varied rooflines and projections. The apartment site does lack amenities, such as the plazas, fountains and open spaces, that help to reduce the mass of a building. Color - The Guidelines recommend that color be used to accent the building, but not be a prominent component of it. The exterior building colors are depicted as neutral earth tone hues of beige, green, tans and white. Building Materials - The proffered building materials of cement fiber board, architectural grade shingles, and brick are long-lasting, attractive, and high-quality, all consistent with the Guidelines. In sum, the applicant has diligently worked to resolve issues related to entry design, vehicular safety, plantings, screening, and pedestrian connectively within the site. It is staff's finding that in light of the existing challenges on the site described above, the proposed open spaces, the building design and materials, as well as the details on the proffered site plan translate into a quality project. Based on the above evaluation of the request, Staff recommends approval as proffered. 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 developed, Owner shall develop the Property, including the building and landscaping thereon, in substantial conformity with that certain preliminary site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF NORTHAMPTON APARTMENTS, VIRGINIA BEACH, VIRGINIA," prepared by MSA, P.C., and dated March 13, 2013 (the "Plan"), consisting of two (2) sheets, a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the buildings shown on the Plan as "PROPOSED APARTMENT BUIDLING 1 and PROPOSED APARTMENT BUILDING 2" on the Apartment Parcel shall be developed using architectural designs and building materials shown on the elevation precedent dated March 22, 2013, prepared by Cox, Kliewer & Company, P.C. and titled "Northampton Apartments," (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 3: As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the required Category IV Landscaping along the northern property line required by Section 603 of the City Zoning Ordinance may be deviated from and replaced with additional plant materials, beyond what is minimally required by City ordinances, as . NORTHAMPTON EXECUTIVE,rGENiTER;'LLC ?Agenda Itern D2 Page 6 depicted on the Plan. Since the adjacent lot to the north, zoned R-7.5 Residential, is not developed in a residential manner and is owned by the Commonwealth of Virginia and used as an agricultural extension center for Virginia Tech, the deviation from the required Category IV Landscaping will have no significant detrimental effect on such adjacent lot. PROFFER 4: Further conditions lawfully imposed by applicable development ordinances 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. STAFF COMMENTS: The proffers listed above are acceptable. The layout and quality of the buildings' design and materials are ensured by identification in the proffer agreement. This, in turn, provides a high level of predictability of the final outcome of development of these sites. The City Attorney's Office has reviewed the Conditional Zoning Agreement dated February 11, 2014, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this applicafion may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspecfions 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 confact and work with the Crime Prevenfion Office wifhin the Police Departmenf for crime prevention fechniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NORTHAMPTON EXECUTIVE-CENTER;"<LC Ajenda Item D2 Page 7 AERIAL OF SITE LOCATION NORTHAMPTON EXECU I?1 =NTER, LLC nda Item D2 Page 8 Y.,' ?? l?.?l • 3 ? Zj N i ? i ? ?( • ? ? ?? Y 6.? Z w t , i t'?? ??• ?'??a sg? ?'"? ti nE ks) a F- ' z a w ; ? Q ? J ? ? W ~ ~Z? W 5 ?sv X U1 T Q O ? ? ?Z* . Z O ?? . t N2 ; PROPOSED SITE LAYOUT i NORTHAMPTON EXECUTIVE CENTER, LLC Agenda Item D2 ? Page 9 ; ? CtOtZLM711VW ?M/.'NJ?'39vw1'Jtln I ?{''/j ? OiSOMIrdSWO-vc1'0'IYNOlIw'/N1iONn?NbOJ y[. V S•1N3'M153'?'N'? (l?i" Y = 1?NOY?I2I?H tn.? - - - S1N3W1a`ddd NOldWdHlNON it ? ^e . : _ . . . . . . ?? . : - _ . Z w 0 w U oe a z O w ? f '??..s?... ?.. ,y?. Wr ?4 .? PROPOSED APARTMENT BUILDING EXTERIOR NORTHAMPTON EXECUTIVE CENTER, LLC Agenda Item D2 Page 10 -=-?= ; .t ? 71- , _ J T u 4d ?J J ? 1? ? ? 4 1z W JI ? 41 ? < C ? O < Lo > 0 ? p( ? 7 ? ? W ? O O 4? ?` J J LL' L. -1 ? ? ? ` ? ? F ~ <?NQ ? a. ? X4 1[ L V f Q g 4 u ? '?ua z w W l u U u„ ?? 0 ? mh LL? ? U?o FO ?n w , y? ? I G F? 2 G1 y3w y ag l?l ? Z W ? F-- Q? ? X J O V? ? Q Z ? w a O U O ~ Z? Q ? ? v J ? ? X F ? 2 W U1 ? Q ? Q 0 m ? S Q Q z ?O i- : i Q a; o?. W. a J Z W U ? ?$ c?n ?5EC? yj o ?''E YY ? ° ot ? o x, `? o Q ?Il U PLANTING & SIGN DETAILS NORTHAMPTON EXECUTIVE CENTER, LLC Agenda Item D2 Page 11 ZONING HISTORY # DATE REQUEST ACTION 1 02/26/13 05/22/07 Rezoning (I-1 to Conditional 0-2) Conditional Use Permit (SRO Facility) Conditional Use Permit (Hotel) Modification of Proffers Granted Granted Granted Granted 2 06/30/05 Rezoning 0-2 to Conditional 0-1 Granted 3 04/11/00 Conditional Use Permit (communications tower Granted 4 12/08/98 Conditional Use Permit (auto repair gara e) Granted 5 02/27/89 Rezonin (R-51D to Conditional B-2) Granted 'NIA-BE- 71 -'? A; ?. •? NORTHAMPTON EXECUTIVE CENTER, LLC Agenda Item D2 Page 12 ?r ? s :. DISCLOSURE STATEMENT APPUCAN? DISCLOSURE if #he 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) Northampton Executive Centar, LLC Merk Garcea Page Johnson 2. List afl businesses that have a parent-subsidiary' or affiliafed business entity2 relationship with the applicant: (Attach list if necessary) N/A ? Check here if the applicanf is NOT a corporation, partnership, firm, business, or other unincarporated organization. PR4PERTY 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 foliowed 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-subsldiary' or afriliated business entityZ relationship with the applicant: (Attach tisf if necessary) N/A ? Check here if the property owner is NDT a corporation, partnership, firm, business, or other unincorporated organization. &` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject iand? Yes ,0 No []? If yes, whaf is the name of the o#ficial or erriployee and the nature of their interest? F 0 ? M ? r ? M ? ? ? ? r4 \ F 0 F !0 c r ? ? IN 40 H ? c IM IF ? ? H ? / DISCLOSURE STATEMENT NORTHAMPTON EXECUTIVE..CFNTER;?LLC Agenda Iterr# D2 Pagi§ 13 ? ? ? ? ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested properry 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) 1. Harmony Invesfinents, Inc. 2. Spy Rock Real Estate Group 3. Cox, Kliewer & Company 4. MSA, PC 5. Willcox & Savage { ? { ? '"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 co?poration." See State and Local Government Conflict of lnterests Act, Va. Code § 2.2-3101. ? ? ? ? ? ? 2°Affitiated buslness entity relafionship° means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controiling ownership interesf in the other business entity, (ii) a controiling owner in one entity is also a controfling 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 entify re{ationship 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 entities share the use of the same off'ices 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 Interes#s Act, Va. Code § 2.2-3101. CERTIFtCAT10N: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) fhat the application has been scheduled for publfc hearing, I am responsible for obtainfng 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 alsa 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 appfication. ApplicanYs Signa'tufe Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT NORTHAMPTON EXECUTIVE.GENTER,'LLC Agenda Item D2 Page 14 Item #D2 Northampton Executive Center, L.L.C. Conditional Change of Zoning 1300 Diamond Springs Road District 4 Bayside March 12, 2014 CONSENT An appiication of Northampton Executive Center for a Conditional Change of Zoning (B-2 Community Business District to Conditional B-2 Community Business District and Conditional A- 36 Apartment District) on property located at 1300 Diamond Springs Road, District 4, Bayside. GPIN: 14691163330000; 14692118940000. PROFFERS PROFFER 1: When developed, Owner shall develop the Property, including the building and landscaping thereon, in substantial conformity with that certain preliminary site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF NORTHAMPTON APARTMENTS, VIRGINIA BEACH, VIRGINIA,„ prepared by MSA, P.C., and dated March 13, 2013 (the "Plan"), consisting of two (2) sheets, a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the buildings shown on the Plan as "PROPOSED APARTMENT BUIDLING 1 and PROPOSED APARTMENT BUILDING 2" on the Apartment Parcel shall be developed using architectural designs and building materials shown on the elevation precedent dated March 22, 2013, prepared by Cox, Kliewer & Company, P.C. and titled „Northampton Apartments,» (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 3: As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the required Category IV Landscaping along the northern property line required by Section 603 of the City Zoning Ordinance may be deviated from and replaced with additional plant materials, beyond what is minimally required by City ordinances, as depicted on the Plan. Since the adjacent lot to the north, zoned R-7.5 Residential, is not developed in a residential manner and is owned by the Commonwealth of Virginia and used as an agricultural extension center for Virginia Tech, the deviation from the required Category IV Landscaping will have no significant detrimental effect on such adjacent lot. Item #D2 Northampton Executive Center, L.L.C. Page 2 PROFFER 4: Further conditions lawfully imposed by applicable development ordinances 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. A motion was made and seconded to approve item D2. Commissioner Hodgson stated that his office building was affected by this application so he abstained. Commissioner Redmond stated even though his company was involved with this application, he had no personal interest. AYE 11 NAY 0 BROCKWELL AYE HODGSON HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE ABS 1 ABSENT 0 ABS By a vote of 10-0-1, the Commission approved item D2 by consent. Robert Miller appeared before the Commission on behalf of the applicant. ? U . ? y ? •, ' OUR NP"" . U 2 ' A In Reply Refer To Our File No. DF-8700 TO: Mark D. Stiles FROM: B. Kay Wilso??.n? CITY OF VIRGINIA BEACH 1NTER-OFFICE CORRESPONDENCE DATE: August 11, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Northampton Executive Center, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 19, 2014. I have reviewed the subject proffer agreement, dated February 11, 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 Prepared by: Stephen R. Davis-VSB# 27519 Willcox & Savage, P.C. 222 Central Park Avenue, Suite 1500 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 11`" day of February, 2014, by and between NORTHAMPTON EXECUTIVE CENTER, L.L.C., a Virginia limited liability company ("Owner"), a rg antor for indexing purposes, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"), a grantee for indexing purposes. WITNESSETH: WHEREAS, Owner is the owner of that certain property located at the intersection of Diamond Springs Road and Northampton Boulevard, in the City of Virginia Beach, Virginia, commonly known as 1300 Diamond Springs Road, Virginia Beach, Virginia, and more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Properly"); and WHEREAS, Owner has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a 5.95 acre porti,on of the Property (the "Apartment Parcel") shown on the "Plan" described below from B-2 to Conditional A-36 and to change the classification of the remaining 2.56 acre portion of the Property (the "Office Parcel") shown on the Plan from B-2 to Conditional B-2; 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 Owner acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 A-36 or B-2 are needed to cope with the situation to which the Owner's rezoning application gives rise; and WHEREAS, the Owner has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 and A-36 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical GPIN No (s) : 1469-11-6333-0000 1469-21-1894-0000 I-1158717.4 development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Owner and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Owner, for itself, 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 of quidpro 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Owner, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, Owner shall develop the Property, including the buildings, signage, lighting and and landscaping thereon, in substantial conformity with that certain preliminary site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF NORTHAMPTON APARTMENTS, VIRGINIA BEACH, VIRGINIA" prepared by MSA, P.C., and dated March 13, 2 I-1158717.4 2013 (the "Plan"), consisting of two (2) sheets, a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. When developed, the buildings shown on the Plan as "PROPOSED APARTMENT BUILDING 1" and "PROPOSED APARTMENT BUILDING 2" on the Apartment Parcel shall be developed using architectural designs and building materials shown on the elevation precedent dated March 22, 2013, prepared by Cox, Kliewer & Company, P.C. and titled "Northampton Apartments" (the "Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 3. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the required Category IV Landscaping along the northern property line required by Section 603 of the City Zoning Ordinance may be deviated from and replaced with additional plant materials, beyond what is minimally required by City ordinances, as depicted on the Plan. Since the adjacent lot to the north, zoned R-7.5 Residential, is not developed in a residential manner and is owned by the Commonwealth of Virginia and used as an agricultural extension center for Virginia Tech, the deviation from the required Category IV Landscaping will have no significant detrimental effect on such adjacent lot. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review a nd administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the CZO, in force as of the date the conditional zoning amendment is approved by the Grantee. The Owner covenants and agrees that (a) 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (b) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) if aggrieved by any decision of the 3 I-115 8717.4 Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Owner shall petition the governing body for review thereof prior to instituting proceedings in court; and (d) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Owner and Grantee. [SIGNATURE PAGE FOLLOWSJ 4 I-] 158717.4 IN WITNESS WHEREOF, the undersigned Owner executes this Agreement as of the date first written above. a Virompany OWNER: NORMSohnson_,'rf, UTIVE CENTER, L.L.C. By: Authorized Member COMMONWEALTH OF VIRGINIA CITY OF c< A-. , to-wit: The foregoing instrument was sworn to and acknowledged before me this ll '4-day of February, 2014, by Page S. Johnson, II, who is personally known to me or has produced identification, and who signed in his capacity as Member of Northampton Executive Center, L.L.C., on behalf of the limited liability company. , ? Notary Pu 1' L My Commission Expires: - MARY A. AHRENS Registration Number: Notary Public nwea t of Virginia 181418 My Commission Expires May 31, 2014 5 I-1158717.4 EXHIBIT A LEGAL DESCRIPTION Parcel One: ALL THAT certain piece or parcel of land with the appurtenances thereunto appertaining, lying, being and situate in the City of Virginia Beach, Virginia, known, numbered and designated as Area = 8.0507 AC." on that certain plat entitled, "PLAT OF PROPERTY OF SAMUEL AND HARRY SANDLER TO BE CONVEYED TO LOUIS C. GOODFARB, TR.ADING AS VIRBY REALTY CO., A SOLE PROPRIETORSHIP," dated April 7, 1982 (Rev. 4/9/82), made by Langley & McDonald, Engineers, Planners, Surveyors, Virginia Beach and Williamsburg, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 155, page 34. LESS AND EXCEPT, however, 1.074 Acres conveyed to the City of Virginia Beach, a Municipal Corporation of the Commonwealth of Virginia, by deed dated December 13, 1982, of record in the aforesaid Clerk's Office in Deed Book 2232, page 1122. TOGETHER with all and singular the buildings and improvements thereon, rights and privileges, tenements, hereditaments, easements and appurtenances unto the said land belonging or in anywise appertaining. Parcel Two: ALL THAT certain piece or parcel of land, lying being and situate in the City of Virginia Beach, Virginia, known, numbered and designated as "AREA = 65.863 sq. ft. or 1.5120 AC." on that certain plat entitled, "PLAT OF PORTION OF PROPERTY OF JOSEPH M. AND CLARA V. MATTOX AS DESCRIBED IN D.B. 342, PG. 183 TO BE CONVEYED TO LOUIS C. GOODFARB TRADING AS VIRBY REALTY COMPANY, A SOLE PROPRIETORSHIP", made by Langley & McDonald, Engineers-P lanners- Surveyors, Virginia Beach and Williamsburg, Virginia, dated June 8, 1982, revised June 21, 1982, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 158, page 6. IT BEING the same property conveyed to Northampton Executive Center, L.L.C., a Virginia limited liability company by deed from Bellmawr Trust, a Pennsylvania Trust, dated April 30, 1996 and recorded June 14, 1996 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3628 at page 166. 6 ]-1158717.4 ? W G ? a ? qi ? C ? Z U ? ? .., ? N ? ? G O w ? _ O V c 0 a d u e? tn e m Oa ? w ? ? ? e 0 ? ? c 0 ? ? ? ? ? N ? 7 , 4 ??•,?y i <<?. ,?rl pJ1 CITY OF VIRGINIA BEACH AGENDAITEM . ITEM: BREEDEN INVESTMENT PROPERTIES, INC. (Applicant) /(Numerous Owners) Conditional Change of Zoning (B-2 Community Business & R-5D Residential Duplex to A-36 Apartment). South of the intersection of Dolton and Alicia Drives (GPINs 477300528; 1477303901; 1477304994; 1477303707; 1477305877; 1477304767; 1477305756; 1477305643; and 1477300528). MEETING DATE: August 19, 2014 ¦ Background: The applicant proposes development of a 9.5-acre site that currently consists of nine separate parcels for the purpose of developing 264 apartment dwelling units. The site is located in the Southern Corporate District of the Pembroke Strategic Growth Area (SGA). The Pembroke SGA Plan recommends that building sites in this area should be designed such that the urban form is emphasized. ¦ Considerations: The development will consist of two five-story multifamily apartment buildings. The buildings have parking on the ground floor and four floors of dwellings above. The submitted plans address several of the specific design guidelines outlined in the Pembroke SGA Implementation Plan, including locating the buildings in close proximity to the right-of-way, using structured parking underneath the apartment buildings, pushing a majority of the surface parking towards the rear of the site, and incorporating building design features that provide an urban character. 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. PROFFER 1: BREEDEN INVESTMENT PROPERTIES Page2of3 The property, when developed, shall be developed in general conformity with the conceptual site plan prepared by Timmons Group, entitled "Alicia Drive Apartments, Virginia Beach, VA Colored Site Plan", and dated March 27, 2014 (the "Concept Plan„), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The maximum number of multifamily residential units permitted on the Property, when developed, shall be governed by the density regulations of the City Zoning Ordinance in effect at the time of each phase of development. PROFFER 3: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in general conformity with the exhibit prepared by Housing Studio, entitled "Enlarged Building Elevation", and dated March 27, 2014 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The freestanding monument-style sign(s) located near the primary vehicular entrance(s) to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Housing Studio, entitled "Monument Signage", and dated March 27, 2014 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: A pedestrian bridge shall be provided within the open space/recreational area depicted on the Concept Plan in the northern portion of the Property along Dolton Drive, the design and location of which shall be determined during the site plan review process. PROFFER 6: The quality of architectural design and materials of the clubhouse facility to be located on the Property, when developed, will be complementary to that depicted on the Apartment Elevations. PROFFER 7: The color(s) and material(s) of the screen walls identified on the Concept Plan along Alicia Drive, when constructed, will be complementary to the colors and materials used for the multifamily residential structures on the Property. PROFFER 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review BREEDEN INVESTMENT PROPERTIES Page 3 of 3 and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ¦ 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: {`- 1-z'ZktT? M.YS,DIE ??•?,F;?? Breeden Investment Pro perties, Inc. .,cersfttn zea e li5D H1* , A24•? / ? ? ?O ? • ?, 'w 3fi' RSO s2•ttSt1 e2 ??- \` ? .. 82 ?=iz , 01 • ?82 rcQ` ?? 83* 4*0- F?? ? ?.igt'? 7?t 8 zww.+? cmred..n?se... q.. so.+r?w? Conditiona/ Zonfny Chsnpe hom 9-2 6 RSD to Conditiona/ A-36 2 July 9, 2014 Public Hearing APPLICANT: BREEDEN INVESTMENT PROPERTIES, INC. PROPERTY OWNER: MULTIPLE PROPERTY OWNERS STAFF PLANNER: Kevin Kemp REQUEST: Chanqe of Zoninq (B-2 & R5D Districts to Conditional A-36 District) ADDRESS / DESCRIPTION: South corner of the intersection of Dolton Drive and Alicia Drive GPIN: ELECTION SITE SIZE: AICUZ: 1477300528;1477303901;1477304994;1477303 DISTRICT: 9.5 acres Less than 65 707; 1477305877; 1477304767; 1477305756; BAYSIDE 3.9 acres (B-2) d6 DNL 1477305643;1477300528 5.6 acres (R-5D) BACKGROUND / DETAILS OF PROPOSAL Backqround The applicant is proposing to rezone nine parcels, totaling approximately 9.5 acres, for the purpose of developing a multifamily residential community consisting of 264 dwelling units. The site is currently zoned B-2 Community Business District and R-5D Residential District, and the applicant is requesting a Change of Zoning to Conditional A-36 Apartment District. The applicant plans to combine the nine existing parcels into one large parcel. As part of the subdivision, a new 8,573 square foot lot will be created on the adjacent cul-de-sac to the west. This lot will remain zoned R-5D Residential and will meet all the minimum requirements of the Zoning Ordinance. Details / Site The subject site is located in the Southern Corporate District of the Pembroke Strategic Growth Area. The Pembroke Strategic Growth Area 4 Implementation Plan recommends that building sites in this area should be designed such that the urban form is emphasized. Important features associated with emphasizing urban form are as follows: (1) increasing the building presence from the street, (2) the incorporation of pedestrian features, and (3) minimizing parking visible from the public rights-of-way. Accordingly, the proposed buildings on the site are located close to Alicia Drive. Shifting the buildings closer to the street allows the area between the right-of-way line and the structures to remain open space, BREEDEN INVESTMENT PROPERTIES, INC. Agenda Item 2 Page 1 with no parking. Landscaping will be added in this area to enhance the street frontage. The buildings are symmetrically arranged on the site, using the clubhouse as the central feature. The sole access point to the community is from Alicia Drive and is marked with a brick monument sign. This access point terminates at a circular entry plaza, and provides visual interest as residents or visitors enter the site. At this point in the design process, the applicant has not reached the point where specific design details for the plaza are available. The circular drive provides a driver the choice of turning directly into either of the podium style parking structures underneath each of the apartment buildings, or continuing straight to the clubhouse and surface parking areas. The intent of the submitted site plan is to minimize the visual impact of the parking areas from the public rights-of-way. The plan accomplishes this by using the ground level of each of the apartment buildings for structured parking, and moving the surface parking towards the rear of the site. The structured parking will accommodate approximately 95 spaces in each building. The plan shows two entrances for each of the structured parking areas: one directly accessed from the entry plaza and one at the rear of each of the buildings. A majority of the surface parking is located in the middle of the site, behind the clubhouse and outdoor amenity area. The surface parking that is located directly adjacent to the entry plaza at the garage entryways will be shielded from view by a wall that extends from the corner of each building; the height of the wall varies from five feet to six feet. There is also parking provided directly in front of each of the apartment buildings. The submitted plan depicts 278 surface parking spaces. Amenities include lawn areas to be used for a playground, picnic area, and dog-park, as well as a community gathering place. The clubhouse is located at the entrance to the development and features an outdoor pool and patio, as well as indoor amenities available to the residents. The clubhouse facility will be of the same architectural design and materials as the apartments. The submitted plan also depicts a pedestrian bridge over an existing creek that runs along the north and west sides of the property. Staff has recommended to the applicant that an internal trail system be included through the property, noting the beneficial amenity that would be provided for the residents; however, the applicant has yet to commit to any trail locations or details. The western portion of the site will remain undeveloped. In the future, this area may be used as additional outdoor amenity space for the residents, but will not contain any principal structures. Details / Buildinq The proposed apartment buildings are five-stories in height. Each of the buildings will accommodate parking on the ground floor with four floors of residential units above. The residential units will be a combination of one, two, and three bedroom configurations. The overall design of the buildings attempts to achieve an urban form. In addition to locating the buildings closer to the property line, the submitted elevations show a flat roof that incorporates 5-foot tall parapets. Visual interest is added on the facades by incorporating recesses and projections, and by changes in building materials. Exterior building materials include architectural block veneer on the ground level, brick veneer on the second level and portions of the third level, and fiber-cement siding on the top levels. Fiber- cement panels are used to create accent points, particularly on the vertical bump-outs. Metal grilles/louvers cover the openings at the ground level parking garage to allow for air circulation. The balconies have vinyl railings and fiber cement trim. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Three single-family homes and undeveloped land BREEDEN INVESTMENT PROPERTIES;'JINC: Agenda Item 2 Pa?e 2 SURROUNDING LAND North: . Dolton Drive USE AND ZONING: • Hotel (under construction) / H-1 Hotel District . Multi-family residential / PD-H2 Planned Development District [A-24 Apartment District] South: . Commercial strip center / B-2 Community Business District • Warehouse, bulk storage / I-2 Heavy Industrial District East: . Alicia Drive • Commercial Childcare facility / B-2 Community Business District West: . Single-family homes / R-5D Residential District NATURAL RESOURCE AND The sites included in this application are currently developed with CULTURAL FEATURES: three single-family homes. A majority of the site is undeveloped and densely wooded. There is a creek that runs along the northwestern edge of the site. The site is in the Chesapeake Bay Watershed. There do not appear to be any significant cultural features associated with this site. COMPREHENSIVE PLAN: The Pembroke Strategic Growth (SGA) Area 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Southern Corporate District of the Pembroke SGA. The general vision for the Pembroke SGA is a central urban core with a vertical mix of urban uses, great schools, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas. The plan establishes a framework that concentrates a high density mix of complementary urban uses within a defined central area, creating a skyline for the City and providing for decreased land use densities from the core. More specifically to this application, in the Southern Corporate District, the plan calls for iconic corporate and commercial properties along the I-264 with a showcase of signature medium-rise office buildings transitioning to smaller scale, reduced height office/retail buildings and residential dwellings to the south. Connectivity in the form of pedestrian and bike trails is an important component to line this area to the rest of the Pembroke SGA and the City. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Alicia Drive and Dolton Drive in the vicinity of this application are considered two-lane undivided local streets. They are not included in the Master Transportation Plan. No Roadway Capital Improvement Program projects are slated for this area. ,...._.-BREEDEN INVESTMENT PR0PEftT1ES,°1"NC. Agenda Item 2 Page 3 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic No data available No data available Existing Land Use - 29 ADT Alicia Drive and Existing Zoning (B-2 & R-5D)3 - 2,531 ADT' Dolton Drive Proposed Land Use4 2,261 ADT' Average Daily Trips Z as defined by use of B-2 & R-5D as zoned ' as defined by three single-family homes "as defined b 340 apartment units WATER: Several of the subject sites currently connect to City water. There is an existing 10-inch City water line along Dolton Drive and an existing 12-inch City water line along Alicia Drive. SEWER: Several of the existing parcels currently connect to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #507 is required to determine if future flows can be accommodated. There is an existing 10-inch City gravity sanitary sewer within a variable width public utility easement along Dolton Drive. There is an existing 10-inch City gravity sanitary sewer within a variable width public utility easement along Alicia Drive. ccunni c• v`School Current Capacity Existing Proposed Change 2 Enrollment Zonin Zonin Point O'View Elementary 631 772 0 27 27 Larkspur Middle 1,632 1,684 0 11 11 Kempsville High 1,559 1,985 0 12 12 Number of students z"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number enerated under the pro osed zonin . The number can be ositive additional students or n ative fewer students . EVALUATION AND RECOMMENDATION Staff recommends approval of this requested Change of Zoning from B-2 Community Business and R-5D Residential to Conditional A-36. The Southern Corporate District of the Pembroke Strategic Growth Area calls for this area to be developed with iconic office buildings rather than multifamily residential units; however, the demand for residential units over office space since the Plan was adopted has led to the development of a series of inedium to high density apartment complexes in the general vicinity. This type of development can still fit in with the vision for the Pembroke SGA if designed appropriately. The submitted plans address several of the specific design guidelines outlined in the Pembroke SGA Implementation Plan, including locating the buildings in close proximity to the right-of-way, using structured parking underneath the apartment buildings, pushing a majority of the surface parking towards the rear of the site, and incorporating building design features that provide an urban character. As economic forces drive future development and the surrounding area becomes more urban in nature, the proposed buildings will be appropriate in scale and style. Additionally, the proposed buildings incorporate material breaks that differentiate the lower floors from the upper, and thus creating a more pedestrian scale as viewed from the right-of-way. Staff does feel that more consideration towards pedestrian connectivity both internal to the site and to surrounding areas through sidewalks would strengthen the BREEDEN INVESTMENT PROPERTIES,''iNC, Agenda Item 2 Pade 4 proposed developmenYs adherence to the Pembroke Strategic Growth Implementation Pian. To accommodate the applicanYs desire to shift the proposed development towards the right-of-way, the apartment building located on the northern portion of the site encroaches into the required 30-foot wide setback. The submitted site plan shows the corner of the building encroaching approximately 9 feet into the setback. The applicant is requesting that the encroachment be addressed through the provision of Section 107(i), which states the following: The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the comprehensive plan. It is staff's finding that the requested deviation to the required setback will have no detrimental effects on surrounding properties and will enable the applicant to develop the site consistent with the vision for the Pembroke SGA. In summary, staff recommends approval of this request as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property, when developed, shall be developed in general conformity with the conceptual site plan prepared by Timmons Group, entitled "Alicia Drive Apartments, Virginia Beach, VA Colored Site Plan", and dated March 27, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The maximum number of multifamily residential units permitted on the Property, when developed, shall be governed by the density regulations of the City Zoning Ordinance in effect at the time of each phase of development. PROFFER 3: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in general conformity with the exhibit prepared by Housing Studio, entitled "Enlarged Building Elevation", and dated March 27, 2014 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City t BREEDEN INVESTMENT PROPERTIES,,1NC. Agenda Item 2 Pabe 5 Council. PROFFER 4: The freestanding monument-style sign(s) located near the primary vehicular entrance(s) to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Housing Studio, entitled "Monument Signage", and dated March 27, 2014 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: A pedestrian bridge shall be provided within the open space/recreational area depicted on the Concept Plan in the northern portion of the Property along Dolton Drive, the design and location of which shall be determined during the site plan review process. PROFFER 6: The quality of architectural design and materials of the clubhouse facility to be located on the Property, when developed, will be complementary to that depicted on the Apartment Elevations. PROFFER 7: The color(s) and material(s) of the screen walls identified on the Concept Plan along Alicia Drive, when constructed, will be complementary to the colors and materials used for the multifamily residential structures on the Property. PROFFER 8: Further conditions lawfully imposed by applicable development ordinances 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. STAFF COMMENTS: The submitted proffers ensure that the community will be developed with the depicted amenities and the quality level shown by the plans and elevations. The City Attorney's Office has reviewed the proffer agreement dated June 18, 2014 and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any site plan submitted with this application may require revision during defailed site plan review to meet all applicab/e City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiricate 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. BREEDEN INVESTMENT PROPERTIES,11IVC. , ' Agenda Itpm 2 PAe 6 ?'. ? AERIAL OF SITE LOCATION BREEDEN INVESTMENT PROPERTIES, INC. I Agenda Item 2 Page 7 -,s0r"'w ??.? ? - ?;.. ? . ? ? ? - : ?' .. . 0 64:. PROPOSED SITE LAYOUT OVERLAID ON ARIAL IMAGE I ? BREEDEN INVESTMENT PROPERTIES, INC. I Agenda Item 2 'Page 8 j ? ? F? l? I! ??. r. _ PROPOSED SITE LAYOUT (Proffer 1) BREEDEN INVESTMENT PROPERTIES, INC. Agenda Item 2 Page 9 ? / ? ?. Z W W ? a z 2 N SITE LAYOUT DETAIL AT ENTRANCE PLAZA BREEDEN INVESTMENT PROPERTIES, INC. Agenda Item 2 Page 10 °i 1 J 3 z W W C N N _ 4 u Q w J ? U N ELEVATION DRAWING OF SCREEN WALL tA., t3t%q,-' BREEDEN INVESTMENT PROPERTIES, INC. Agenda Item 2 Paae 11 I' ? 4 ? ? w J Q U N 4 .? ? w J Q U ? H ELEVATION DRAWINGS OF PROPOSED BUILDINGS (Proffer 3) ? BREEDEN INVESTMENT PROPERTIES, INC. Agenda Item 2 Page 12 ? O p xe f ? ui = O? Zm ? ? W W < ? F ?< O I I co Q U h 22 O 00 z? LL< ?-K o? ?3 O Wm o° ia ?< 00 ?z ? O? Um o'?,+ O 2 ()^ T Z O 'K 0 Y ? s W u z rc W g ? $? ? r W E {.I ; Y ( ? ? u' > ? Ug U?O ? 7m am ? 6 ELEVATION DRAWING SHOWING MATERIAL SELECTION (Proffer 3) ? - BREEDEN INVESTMENT PROPERTIES, INC. ? Agenda Item 2 Page 13 Z 0 y? 0- Z - Q II ? U ' ELEVATION DRAWING OF MONUMENT SIGN (Proffer 4) BREEDEN INVESTMENT P ;I PERTIES, INC. i ' Agenda Item 2 Page 14 BAYSI DE .• ? .lay,r?-7 BreecieiY lnvestment rr-u pei-«rs, lI1C. C?? EAyE -? ?p interstate 264 _ . f ? .-JrL_?_ ? . . ? ?--'. _. =t,_...= -- -- ° ° i ° R5D i? A24** ? r . ? w .uu...r., ; ?p •• ?` '? A36* f? '' $2 ,F32 0v ? `p ? ? f??, ?'? ' ?, • _ ?. • ? ? R5RSa D ? 132' 11 ,?= '1'O? ? O * A36 01 \52 ,??•Q`? 5 B 3* cF? ? 9? '` ?P+ ca? ' r?? 18 63•'•v ?? - •eu?x. ? ? -- wieh CondltJomProNert, Open Space Pronrotion GOndli?onel Lonmg c.nange from 8-2 8 R5D to Conditional A-36 ZONING HISTORY # DATE REQUEST ACTION 1 10/08/2013 Change of Zonin B-2 to Conditional H-1 Ap roved 2 11/10/2009 Conditional Use Permit (Private School A roved 3 12/11/2007 Modification of Conditions A proved 07/10/2007 Modification of Conditions A roved 02/11/2003 Modification of Conditions A proved 11/14/2000 Modification of Conditions A roved 07/13/1993 Chan e of Zonin (R-5D to Condition B-2 A roved 4 04/05/2005 Change of Zoning (A-12 to PD-H2, A-24 underla ) A roved 5 06/14/1994 Modification of Conditions A roved 04/23/1991 Chan e of Zonin (B-2, I-2, R-10 to Conditional B-3) Ap roved 6 06/10/1985 Chan e of Zonin (R-8 to B-2) Ap roved 7 06/18/1979 Change of Zoning R-8 to B-2) A roved BREEDEN INVESTMENT PROPERTIES, INC. Agenda Item 2 Page 15 ! APPLICANT DISCLOSURE If the applicant is a corporatian, 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) Piease see attached sheet. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached sheet. F? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section on/y 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 ali officers, members, trustees, partners, etc. below: (Attach list if necessary) Please see attached sheet. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached sheet. 1^1 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No N If yes, what is the name of the official or employee and the nature of their interest? N/A \ M ? n ? M ? ? ? ? ? H 0 ? H 0 LI ? ? ? F r F 0 c ? ? ? ? H ? c DISCLOSURE STATEMENT BREEDEN INVESTMENT PROP ?RT?ES,JNC, Agenda Item 2 Pao 16 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) Housing Studio - Nchitedurel 5ervices Timmons Group - Engineering Services Troutman Sanders LLP -- Legal Services Willcox & Savage, P.C. - Legal Services '"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 personnef 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 cons s to entry upon the subject property by employees of the Department of Planning,Wplotogr and view the site for purposes of processing and evaluating this application. I ? iD ttA ApplicanYs S' at Print Name ??/(st•? 4r bY PocWR of o, Please see attached. f j? Property Owner's Si t i different than applic nt) Print Name DISCLOSURE STATEMENT BREEDEN INVESTMENT PROPERTIES, INC. Agenda Item 2 Page 17 Conditional Re-Zoning Apptication of Breeden Investment Properties, Inc. Disclosure Statement AonGcant: Breeden Investment Properties, Inc., a Virginia corporation Officers: President: Ramon W. Breeden, Jr. Vice Presidents: Torrey Breeden Terry Mazshall Tim Faulkner I.arry Dunn Subsidiaries/Affiliates: The Breeden Company; Breeden Property Management, LLC; Breeden Realty, LLC; Breeden Construction, LLC; Lynnhaven Homes, Inc. Prooertv Owners: GPIN No.: 1477-30-5756-0000 ? Wilmure Bwden Earl Jefferson Robert Lee Owens Wanda Jean Owens Williams Theresa Anne Owens Edwards Helene Doreen Owens Yvonne Marie Owens GPIN No.: 1477-30-4767-0000 ? Sheryl Gordon Ronnie Lee Haynes Donna Hamberry Melvin F. Jones, Jr. Gwendolyn M. Stewart Pamela A. Henry GPIN No.: 1477-30-0410-0000; 1477-20-9345-0000 DACOR, LLC, a Virginia limited liability company Members: / GPIN No.: 1477-31-1092-0000; 1477-30-390 -OU00; 1477-30-4994-0000 Jerry J. Collier GPIN No.: 1477-30-0528-0000 (portion) Michael Dalton Herlyn R. Dalton GPtNT No.: 1477-30-5643-0000 l Paul R. Smith / -? GPIN No.: 1477-30-5877-0000; 1477-30-3707-0000 David W. Joyner Virginia L. Joyner DISCLOSURE STATEMENT BREEDEN INVESTMENT PROPERTIES, INC. Agenda Item 2 Page 18 Item #2 Breeden Investment Properties, Inc. Conditional Change of Zoning Southside of the intersection of Dolton and Alicia Drive District 4 Bayside July 9, 2014 CONSENT A application of Breeden Investment Properties, Inc. for a Change of Zoning (B-2 & R5D Districts to Conditional A-36 District) on property located on the south corner of the intersection of Dolton Drive and Alicia Drive, District 4, Bayside. GPIN: 1477300528; 1477303901; 1477304994;1477303707;1477305877;1477304767;1477305756;1477305643;1477300528. PROFFERS PROFFER 1: The property, when developed, shali be developed in general conformity with the conceptual site plan prepared by Timmons Group, entitled „Alicia Drive Apartments, Virginia Beach, VA Colored Site Plan", and dated March 27, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The maximum number of multifamily residential units permitted on the Property, when developed, shall be governed by the density regulations of the City Zoning Ordinance in effect at the time of each phase of development. PROFFER 3: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in general conformity with the exhibit prepared by Housing Studio, entitled "Enlarged Building Elevation", and dated March 27, 2014 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The freestanding monument-style sign(s) located near the primary vehicular entrance(s) to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Housing Studio, entitled "Monument Signage", and dated March 27, 2014 (the "Sign Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Item #2 Breeden Investment Properties, Inc. Page 2 PROFFER 5: A pedestrian bridge shall be provided within the open space/recreational area depicted on the Concept Plan in the northern portion of the Property along Dolton Drive, the design and location of which shall be determined during the site plan review process. PROFFER 6: The quality of architectural design and materials of the clubhouse facility to be located on the Property, when developed, will be complementary to that depicted on the Apartment Elevations. PROFFER 7: The color(s) and material(s) of the screen walls identified on the Concept Plan along Alicia Drive, when constructed, will be complementary to the colors and materials used for the multifamily residential structures on the Property. PROFFER 8: Further conditions lawfully imposed by applicable development ordinances 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. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 2. 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 recommended approval of item 2 by consent. BEA? . ? ?~ • ? U Z Oy 22 ? 'P 0 ??F OVR NPt?O In Reply Refer To Our File No. DF-8982 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH 1NTER-OFFICE CORRESPONDENCE DATE: August 11, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Breeden Investment Properties, Inc. The above-referenced conditional zoning application is scheduled to be heard bythe City Council on August 19, 2014. I have reviewed the subject proffer agreement, dated March 28, 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 28th day of March, 2014, by and between BREEDEN INVESTMENT PROPERTIES, INC., a Virginia corporation ("Breeden", to be indexed as grantor); Wilmure BURDEN, Earl JEFFERSON, Robert Lee OWENS, Wanda Jean Owens WILLIAMS, Theresa Anne Owens EDWARDS, Helene Doreen OWENS, Yvonne Marie OWENS (together the "Owens Parcel Owners", to be indexed as grantors); Sheryl GORDON; Ronnie Lee HAYNES, Donna HAMBERRY, Melvin F. JONES, JR., Gwendolyn M. STEWART, Pamela A. HENRY (together the "Gordon Parcel Owners", to be indexed as grantors); DACOR, LLC, a Virginia limited liability company ("Dacor", to be indexed as grantor); Jerry J. COLLIER ("Collier", to be indexed as grantor); Michael DALTON, Herlyn R. DALTON (together the "Dalton Parcel Owners", to be indexed as grantors); Paul R. SMITH ("Smith", to be indexed as grantor); David W. JOYNER, Virginia L. JOYNER (together the "Joyner Parcel Owners", to be indexed as grantors) (Breeden, the Owens Parcel Owners, the Gordon Parcel Owners, Dacor, Collier, the Dalton Parcel Owners, Smith, and the Joyner Parcel Owners are hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, the Owens Parcel Owners and Gordon Parcel Owners are the current owners of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1477-30-5756-0000 (the "Owens Parcel"), which is more particularly described in the legal description attached hereto and incorparated herein by reference as Exhibit A; and WHEREAS, the Gordon Parcel Owners are the current owners of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1477-30-4767-0000 (the "Gordon Parcel"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B; and WHEREAS, Dacor is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1477-30-0410-0000; 1477-20-9345-0000 (together the "Dacor Parcels"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit C; and GPIN NOs.: 1477-30-5756-0000; 1477-30-4767-0000; 1477-30-0410-0000; 1477-20-9345-0000; 1477-31- 1092-0000; 1477-30-3901-0000; 1477-30-4994-0000; 1477-30-0528-0000 (portion); 1477-30- 5643-0000; 1477-30-5877-0000; 1477-30-3707-0000 21929510v6 WHEREAS, Collier is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1477-31-1092-0000; 1477-30-3901-0000; 1477-30-4994-0000 (together the "Collier Parcels"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit D; and WHEREAS, the Dalton Parcel Owners are the current owners of that certain property located in the City of Virginia Beach, Virginia identified as a portion of GPIN No. 14771477-30- 0528-0000 (the "Dalton Parcel"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit E; and WHEREAS, Smith is the current owner of that certain property located in the Gity of Virginia Beach, Virginia identified as GPIN No. 1477-30-5643-0000 (the "Smith Parcel"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit F; and WHEREAS, the Joyner Parcel Owners are the current owners of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1477-30-5877-0000; 1477-30-3707-0000 (together the "Joyner Parcels"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit G; and WHEREAS, Breeden is the contract purchaser of the Owens Parcel, the Gordon Parcel, the Dacor Parcels, the Collier Parcels, the Dalton Parcel, the Smith Parcel, and the Joyner Parcels (together the "Property"); and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-2 and R-SD to Conditional A-36; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation. 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 subject Property and at the same time to recognize the effects of the 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 A-36 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning districts by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and 21929510v6 2 WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their 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 of guid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which sha11 restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Properiy and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed in general conformity with the conceptual site plan prepared by Timmons Group, entitled "Alicia Drive Apartments, Virginia Beach, VA, Colored Site Plan", and dated March 27, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The maximum number of multifamily residential units permitted on the Property, when developed, shall be governed by the density regulations of the City Zoning Ordinance in effect at the time of each phase of development. 3. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in general conformity with the exhibit prepared by Housing Studio, entitled "Enlarged Building Elevation", and dated March 27, 2014 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 4. The freestanding monument-style sign(s) located near the primary vehicular entrance(s) to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Housing Studio, entitled "Monument Signage", and dated March 27, 2014 (the "Sign 21929510v6 3 Elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. A pedestrian bridge shall be provided within the open space/recreational area depicted on the Concept Plan in the northern portion of the Property along Dolton Drive, the design and location of which shall be determined during the site plan review process. 6. The quality of architectural design and materials of the clubhouse faciliTy to be located on the Property, when developed, will be complementary to that depicted on the Apartment Elevations. 7. The color(s) and material(s) of the screen walls identified on the Concept Plan along Alicia Drive, when constructed, will be complementary to the colors and materials used for the multifamily residential structures on the Properly. 8. Further conditions lawfully imposed by applicable development ordinances 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 deparhnents to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a"Grantor" under this Agreement. This Agreement may be executed in one ar more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 21929510v6 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. BREEDEN INVESTMENT PROPERTIES, INC. a Virginia corporatio By: Name: Title: C " ".4"a COMMONWEALTH/STATE OF CITY/COLTNTY OF Jw?•. "•. p to-Wit: The foregoing instrument was acknowledged before me this Za "day of YY, a.? , 2014, by who is personally known to me or has produced as identification, in his/her capacity as of Breeden Investment Properties, Inc., on behalf of the company. ,,.?-?- ? . l ?..? ? ?----_• Notary Public My Commission Expires: RegistrationNo. OAN? WiLsorv NOTARY PUBLtC J REGISTRATION ;Y 368265 [NOTARIAL SEAL/STAMP] ; COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES ! MARCH 31, 2017 21929510v3 5 IN WITNESS WHEREOF, the undersigned Owens Parcel Owners execute this Agreement as of the date first written above. y ? e r/1?`{ - ? ? • t'?ac,'' Wilmure Burden COMMONWEALTH/STATE OF CITY/COUNTY OF Vi'??_ ?i , to-wit: The foregoing instrument was acknowledged before me this la day of a:. VS Q- , 2014, by Wilmure Burden, who is personally known to me or has produced as identification. Notary Publiqjl My Commission Expires: DOROTHY NOBLES NOTARY PUBLIC Registration No. _C-- ( .L uwp REGISTRATION # 211688 NOTARIAL SEAL/STAMP COMMONWEALTH OF VIRGINIA ? ? MY COMMISSION EXPIRES APRIL 30, 2018 m/ ? ? I?• Earl erson COMMONWEALTH/STATE OF /?? e.: CITY/COLTNTY OF Lf , to-wit: The foregoing instrument was acknowledged before me this (p_day of ,tk-Jv, 2014, by Earl Jefferson, who is personally known to me or has produced as identification. Notary PubliO My Commission Expires: Registration No. .1 ( ? & S?.P [NOTARIAL SEAL/STAMP] DOROTHY NOBLES NOTARY PUBLIC REGISTRATIOPI N 211688 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30, 2018 21929510v3 . '/?z Z rN Robert Lee Owens COMMONWEALTH/STATE OF CITY/COLTNTY OF?'*? a to-wit: The foregoing instrument was acknowledged before me this __I,,_ day of -1/-, ,_? ?- , 2014, by Robert Lee Owens, who is personally known to me or has produced as identification. Notary Public DOROTHY NOBLES My Commission Expires: 4- 3cl - NOTARY PUBLIC 1 b' REGISTRATION It 211688 Registration No. •(\ ? COMMONWEALTH OF VIRGINIA NOTARIAL SEAL/ST MY COMMISSION EXPIRES ? APRIL 30, 2018 r fto `T Wanda Jean Owens illiams COMMONWEALTH/STQTE OF ? ?- CITY/COLTNTY OF 1! tr5(?? a- ?The foregoing instrument was acknowledged before me this L day of T?„ -,.j ..-? , 2014, by Wanda Jean Owens Williams, who is personally known to me ar has produced as identification. Notary Pub U?ORpT?HY NOBLES My Commission Expires: ?-( -;45. -/y NOTARY PUBUC REGISiRATION # 211688 ";')i\nMONWEALTH OF VIRGINIA Registration No. n„Y COMMISSION EXPIRES [NOTARIAL SEAL/STA ' APRiL so, 2018 r • • ?a` fi` Theresa Anne Owens Edwards COMMONWEALTH/STATE OF Vk Lq (w kc" CITY/COUNTY OF l'E... ?s ? G•- , to-wit: The foregoing instniment was acknowledged before me this (, day of ,?,,CJ u-- , 2014, by Theresa Anne Owens Edwards, who is personally known to me or has produced as identification. ? DJROTHYNOBLES p: Notary Publ' p REG!STRATION # 211688 COMMONWEALTH OF VIRGINIA My Commission Expires: 4 -2Q- (S:) " yiv COMMISSION EXPIRES Registration No. _,ktjg?? APRIL 30, 2018 [NOTARIAL SEAL/STAMP] 219295100 7 f rqet Helene Doreen Owens COMMONWEALTH/STATE OF CITY/COITNTY OF J, ,-qrF,J i?' to-wit: The foregoing instrument was acknowledged before me this ? day of J"`, ti L, 2014, by Helene Doreen Owens, who is personally known to me or has produced as identification. Notary Puboc ? DOROTHY NOBLES NOTARY PUBLIC My Commission Expires: REGISTRATION M 211688 Registration No. CO.MMONWEALTH OF VIRGiNIA MY COMMISSION EXPIRES [NOTARIAL SEAL/STAMP] APRIL 30, 2018 Fcac f Yvonne Marie ens • , COMMONWEALTH/STATE OF M G- CITY/COLTNTY OF i to-wit: The foregoing instrument was acknowledged before me this j, day of _¢?- , 2014, by Yvonne Marie Owens, who is personally known to me or has produced as identification. ..... DOROTHY NOBLES My Commission Expires: L36- Notary Publi F NOTARY PUBLIC " REGISTRATION # 211688 Registration No. COMMONWEALTH OF VIRGINIA [NOTARIAL SEAL/STAMP] ? MY COMMiSS10N EXPIRES APRIL 30, 2018 2192951Ov3 IN WITNESS WHEREOF, the undersigned Gardon Parcei Owners execute this Agreement as of the date first written above. Sheryl Gord n COMMONVVEALTH/?TATE F U CITY/COUNTY DF 1 , to-wit: The foregoing instrument was acknowledged before me this ? day of`L L 2014, by Sheryl Gordon, who is personal1y known to me or has groduced l?)(? as identification. ? Notary Pu My Commission Expires_ Registration No. ?k [NOTARIAL SEAL/STAMP] Ronnie Lee Haynes COMMflNWEALTHISTA'I'E OF V Yf" CITY/COUNTY lJF to-wit: The foregoing instrument was acknowledged before me this ? day of Y I I 2014, R o rnwho is p ersonally known to me or l?as Producect P 10 ?2W as i e L e e a y n e s, identification. 41,7? ? SNII N ary ublic ^` Q-?'.No?PR? ''.•. * ' My Commission Expires: _?' P???' Sgp3 • _ Registration No. ? ?? _.? . REGoMMSS?ON z_ [ N O T A R I A L S E A L I P] : ' M Y ? P,?? E t l v.' c? ; ??o•. ?JQ ' :,?i?'••......• ?? ?: ?"rl?NWEAIj? 0?? Donna Hamberry by COMMONWEALTH/,STATE F V CITY/COUNTY OF to-wit: The faregoing instrument was acknowledged before me this ?) day ofG 2014, by Donna Hamberry, who is personally known to me or has Producedl%.• L A?? as identificatian. Notary Pub \P M:.FC/? My Commission Expires: ,.•'NOTARY '• Registration No. Pv6L1k- REG. #316098 21929510v1 9 MYC01,1fv1lSSi0N : ? •` ?? . TH. NII . f= PUE3LIC ; y? • REG. # 310098 - : MY COMMiSSION : j??••.'••.....•'?`?? ;? LTH 4Fv?`?• `,,??lftll7f// ??•`???,?P . 9 • _ ?i ; ? •' NOTARY•, [NOTARIAL SEAL/STAMP] pUBLIC •, y : REG. it316098 MY CdPANASSIp _ Melvin F. Jones' Jr. ?, ?j?,:'•• .....••'?`.? ? COMMON WEALTI ?STE F CITYICOUNTY OF to-wit: The foregoing instrument was acknowledged before me this ? day of 2014, by ed '?? • ? Melvin F. Jones, Jr., who is personaliy known to me or hzs rroduc identif cation. ° l _ Nfltary lic My Co;nmission Expi?e? ` ? r ? ? Registratian No. ? <<j [NOTARIAL SEAL/STAMP] t)wLW&? J?71t)a?t Gwendolyn M. tewart COMMONWEALTH/STATE F tIA CITY/COLTNTY OF to-wit: The foregoing instrument was acknowledged before me this,3 y of ' 2014 by Gwendolyn M. Stewart, who is personally known to me or has produced t i.? P. / Z identificaiion. IVI Notary F ic ?L?P ? F0,?1? My Commission Expires: ??drARy •., y , Registration No. PUBLlC [NOTAWAL SEALlSTAMP] REG? #316098 "Y CnAMASSiOiV • ? w i. / La'i ? ?1; ?/ ?+?', `?r??_L,_,.?`•' ? ? .? ?,?,:?'? . . .., ?' ? Pamela A. Henry `?ACTH..GF, .?` COIVIMONWEALTHISTATE OF v? CI7`Y/COUNTY OF tawit: The foregoing instrument was acknowledged before me this F day of`?- , 2014, by Pamela A. Henry, who is personally known to me or has produced UA TL ? LJ as identification. l,'37L !?'1??/? r? Notary Publ'c My Commission Expire/? ...•;•.., Registration No. •' NOTARY •, 9? : l L(?U ? S?•' PLSLIC •.y' ? [NOTARIAL SEAL/STAMP] l o REG. #316098 ; .?. : 21929510v1 - : MY COF1MfSSION .: : ° '• ??'??/y?'? ,, -,?.......,? ; LTH fJF?•'?? "I1tliii+t"`' % IN uTIINESS WHE12EOF, the undersigned executes this Agreement as of the date first wiitten above.. DACOR, LI1C, a Viiginia limited liability company By: Name: T1tlC. ?,?sr!?? ?-?l,D IN "'L. U 0 COM?ONWEALTY/$1ATE OF V,r 1 CITY/COITNTY 4F 1'P???„c?:Cl?, , ro-wit: The foregoing instrument was aclcnowledged before me tb.is ? day of ?? 2014, by ?J_,4'?o(? ? , who is personally known to me or has ?duced as identificatian, in his/hei capaciiy as MLtnWi,w? hvoriqj?_ °f Dacoi, LLC, on behaif o#'the company ?J Not?yblic My Commission Expires: __ )O - 31 ' l.x} 1? RegistiationNo., 322- 327 [NOTARIAL SEALISIAMP] Tracey Thomas Notary ID # 322329 Notary Public Commonwea{th Of Virginia 1'racey Thomas Nntary ID # 322329 ±jtary Public ,c,r,weattts Qf 1/irginia 21929510v1 11 IlN VVITNESS WI-EREOF, the undersigned executes this Agreemen# as of the date first written above. "..6 . Jerry J. Collier COMMONWEALTH/STATE OF CITYICOtJNTY OF cu &Qa_, to-wit: The foregoing instrument was acknowledged before me this ? day of , 2014, by erry J. Collier, who is persanaliy known to me or has produced y as identification. - 1/" ??C•o ?tV ???d??CO/l? Notary Public My Commission Expires: 0 ?/3 / la 0/7 Registration No. 3 -r. 3 ? [NOTARIAL SEAL/STAMP] 21929510v1 12 IN WIINESS WHERE4F, the undersigned executes this Agreernent as of'the date fiist wri#ten above. mi?? ? ton c (61 ar?.AL,r?sIA?rE oF U? ? c; n? c_ ?OFJNIY OF V fC?? ,n\ c• 't?c .h , to-wir Zhe foregoing instrument was aclrnowledged before me this \ day of o ? , 2014, by Michael Dalton, who is personally known to me or has produced yp 9A 2-? 1 c as identification. J No?ary Public My Commission Exgires: `?e C 3\ Z CD1, Registration No. [NOIARIAL SEALlSTAMP) 20Y Herlyn R. ton c coMMoNwEaLTxis?rA?rE oF ? r r1Ak CITY/COUNTY OF ? ? G, , to-wit: %\%%%I uuiuiI /,,/`S??`P p . K L 11yG'??i, ? ??`? ?C? ?j;M10N1.VF •. FiL ??% ` ??• .GO 9?1ti ? ? ? ?'r ; REGISiRAiION NO. - 358261 ; _ - ? ; MY COMM. EXWRES: = ? •. 12/31/2018 . ? ??i ?i'. ? yIRG?N?P•'?\. ?'ii?l'9RY' PiJg`';G Ihe foregoing instrument ivas acknowledged before me this l da of 2014, by Herlyn R. Daltot?, who is persanally known ta me or has prodnced \ e? ?"n ? ?7 as ideniification. Notary Publ3c My Commission Expire s•. I Je C31, 201y Registraiivn No ?.`7"&D( p L [NflTt1RiAL, SEAL/SIAMP] 2I929510v1 13 `\??????utUHU?' ?M?Nw G? qe.y i 2ip ? ? . : . ? Ir : REGISTRAi • ? = = 35846OiN NO; COMM. EXPIf?ES: - ? 12/31/2018 ? y '• , ? : ? ??i? ?j ., VI(tGIN?P•'' ?\? Yi PUB?`G \\\?. IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. ? , Paul R Smith COMiV10NWEAi.TWSTATE OF V1M 1V1 lGi CiTYlCOUNTY OF ?lr Vl C? ?' , to-wit: s? The foregoing instrument was acknowledged before me #his3ic day of 2014, by Paut R. Smith, who is persanally known to me ar has pmduced \/A (?Y lVa`S ? , as identification. ? Notary Public My Commission Expires: ?3 Registration No. ? ? ?? 10 "? [NOTARIAI. SEAL/STAMP] ANDREA E. ZANK NOTARY PUBLIC REG.#7021705 COMMONWEALTH QF VIRGINIA MY COhAMISSiON EXPIRES JANUARY 31, 2017 n9z9siovi 14 IN WITNESS VJHEREOF, the undersigned executes this Agreement as of the date first written above. ?-- David W. Joyner?- COMMONWEALTHfSTATE OF CITYICOUNTY OF r?':a to-wit: The faregaing insirument was acknowledged before me this,_4?day of 2014, bY David W. Joyner, who is personally known to me or has produced 't'? as identification. ? ? Notary Public My Commission Expires: ? ? ? ?- ,,go/ 3ot Registration No. CEtESTEEN.t. MAtTHflNS Natory Pubac [NOTARIAL SEAL/STAMP] CO+'+MOMe6#1+ a VhgWa @ ./ 194449 L . V' 'a L. J n r COMMONWEALTH/STATE OF rC- CTI'Y/COUNTY OF X/ 6; ,(r 3 to-wit: The foregoing instrument was acknowledged before me #his _3Q?Nay of l-"jA toh, 2014, by Virginia L. Joyner, who is persanaity known ta me or has produced rt identification. ? Notary Public My Commission Expires: / ' ,?'? / , ? ? / ?k Registratian No. / O9 ?f 4 ?- 9 [NOTARIAL SEAL/STAIvIP] CEtESTEEN J. M/ItT!{Eyyg NOtary AubI1C C*ne"onweolth of Vlrginio 194449 219295 1 ov 1 15 Exhibit A Legal Description of Owens Parcel ALL THOSE CERTAIN LOTS, or blocks of land, together with the building and improvements thereon, together continuing Fourteen and one-half (14 1/2) acres, more or less, situate, lying and being near the Village of Kempsville, Princess Anne County, Virginia, designated and described as Lots Numbers One (1) and Two (2) on the Map of A.W. Cornick's Kempsville Farm in Princess Anne County, Virginia, which said plat is recorded in the Clerk's Office of Princess Anne County, Virginia, in Map Book No.l, at page 9, the said two lots or blocks of land having a frontage on Baxter Road, Eastern Shore Road, to Kempsville and Holland Swamp Road, except as much thereof as was conveyed to Charles Price by deed from AYion Smith, dated July 1 st, 1911, and of record in the aforesaid Clerk's Office in Deed Book 87, at page 279. IT BEING the same property conveyed to Evelyn Owens by deed from Miles Smith and Mary E. Smith, his wife, Stephen Smith, and Roxanne Smith, his wife, Hannah Lamb, widow, Annie Fuller, widow, Sophie Smith, unmarried, Daniel Smith and Mina Smith, his wife, Annever Wilson, widow, Robert Smith, unmarried, Stanley Smith, unmarried Lenorah Lamb and Britten Lamb, her husband, George Smith and Lucy Smith, his wife, John Smith and Eliza A. Smith, his wife, Edward Cowell, unmarried, John Cowell, unmarried, and Ida Cue and William Cue, her husband, dated September 18, 1928 and recorded August 22, 1929 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 155 at page 142. The said Evelyn Owens died testate January 5, 1991 and pursuant to her will recorded as Will File 97-990 she devised property to Rosa Mae Owens Burden (30% interest), Ruth Owens (30% interest), Earl Jefferson (30% interest) and Raymond Owens (10% interest). The said Raymond Owens died intestate June 16, 2003 and the List of Heirs recorded as Instrument No. 20121130001376730 shows the following heirs: Robert Lee Owens (2% interest), Wanda Jean Owens Williams (2% interest), Theresa Anne Owens Edwards 2% interest), Helene Doreen Owens (2% interest) and Yvonne Marie Owens (2% interest). Evelyn Ruth Owens died intestate on September 20, 2006, leaving as her heirs at law (i) her sister, Rosa Mae Owens Burden, (ii) the children of her predeceased brother, Raymond Owens, whose names are set forth above, (iii) the child of her sister Francis Owens Hardy, Wilhelmina Jones, and the child of her predeceased brother Roland Owens, Earl Jefferson. Another brother of Evelyn Ruth Owens, Alex Owens, predeceased her, and left no issue. Upon the death of Evelyn Ruth Owens, her 30% interest was, by operation of law, vested 7.5% in her surviving sister, Rosa Mae Owens Burden (which, together with the 30% interest left to her pursuant to the Will, left Rosa Mae Owens Burden with a total of 37.5%), 7.5% in Wilhemenia Jones, 7.5% in Earl Jefferson (which, together with the 30% interest described above left him with a total of 37.5%), and 7.5% in the heirs of Raymond Owens (which, together with the 2% interests described above, each took an additional 1.5% interest through for a total of 3.5% vested in each one of said five children). The said Wilhelmina Jones died on May 12, 2011, and the List of Heirs recorded as Instrument No. 20130213000177270 shows the following heirs each of whom, by operation of law, were vested with one-fifth of their mother's 7.5% interest or 1.25% each: Sheryl Gordon, Ronnie Lee Haynes, Donna Hamberry, Melvin F. Jones, Jr., Gwendolyn M. Stewart, and Pamela A. Henry. The said 21929510v6 16 Rosa Mae Owens Burden died intestate November 17, 2011, intestate, survived by her spouse, Wilmure Burden, and several children of the marriage, her only children. Wilmure M. Burden, was, by operation of law, vested with 37.5%. LESS AND EXCEPT property conveyed to Miles Smith by deed dated December l, 1928 and recorded in Deed Book 155 at page 148. LESS AND EXCEPT property conveyed to Rupert Price by deed dated December 1, 1928 and recorded in Deed Book 155 at page 149. LESS AND EXCEPT property conveyed to John Jarvis Smith by deed dated December 1, 1928 and recorded in Deed Book 155 at page 198. LESS AND EXCEPT property conveyed to Alex Owens and Cora Owens, husband and wife, by deed dated June 1, 1955 and recorded in Deed Book 496 at page 398. LESS AND EXCEPT property conveyed to Raymond Owens and Bertha Owens, husband and wife by deed dated December 7, 1959 and recorded in Deed Book 613 at page 465. LESS AND EXCEPT property conveyed to Melvin F. Jones and Wilhelmina Jones by deed dated August 11, 1961 and recorded in Deed Book 706 at page 447. LESS AND EXCEPT property conveyed to David William Joyner and Virginia Lee Joyner by deed dated August 13, 1962 and recorded in Deed Book 754 at page 543. LESS AND EXCEPT property conveyed to City of Virginia Beach by deed dated May 30, 1990 and recorded in Deed Book 2939 at page 41. 21929510v6 17 Exhibit B Legal Description of Gordon Parcel ALL THAT certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Kempsville Magisterial District, City of Virginia Beach (formerly Princess Anne County), Virginia, beginning at a point on the west side of Holland Swamp Road, which point is the Northwest corner of the property of Raymond Owens as shown on plat entitled, "Survey of Property for Raymond Owens, Powell's Corner, Kempsville Mag. Dist., Princess Anne Co., Va. , dated November 7, 1959, made by Alton M. Butler, Surveyor, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 613, at Page 467, and thence running from said point South 58 degrees West 200 feet along the property line of Raymond Owens to a pin; thence turning and running South 45 degrees East 80 feet to a pin; thence turning and running South 58 degrees West 100 feet to a pin; thence turning and running North 45 degrees West 90.26 feet to a pin; thence turning and running North 58 degrees East 300 feet to a pin on the West side of Holland Swamp Road and thence turning and running along the West side of Holland Swamp Road South 45 degrees East 10.26 feet, more or less to the point of beginning. IT BEING the same property conveyed to Wilhelmina Jones by deed from Melvin F. Jones and Wilhelmina Jones, dated August 18, 2005 and recorded January 9, 2006 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20060109000040920. The said Wilhelmina Jones died intestate and pursuant to her List of Heirs recorded February 13, 2013 as Instrument No. 20130213000177270 the property is vested in Sheryl Gordon, her daughter, Ronnie Lee Hayes, her son, Donna Hamberry, her daughter, Melvin F. Jones, Jr., her son, Gwendolyn M. Stewart, her daughter and Pamela A. Henry, her daughter. 21929510v6 1 $ Exhibit C Legal Description of Dacor Parcels PARCEL ONE: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, known, numbered and designated as "Parcel 'E' 0.0961AC", as shown on that certain plat entitled, "PLAT SHOWING DIVISION OF PROPERTY FOR HEIRS WATSON A. NORTHERN", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 156, at page 47. PARCEL TWO: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, known, numbered and designated as "Parcel 'F' 0.0927 AC", as shown on that certain plat entitled, PLAT SHOWING DIVISION OF PROPERTY FOR HEIRS WATSON A. NORTHERN", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 156, at page 47. IT BEING the same property conveyed to DACOR, LLC, a Virginia limited liability company by deed from Stephen Nash Ander and Lauren Ander Collier (one-half 1/2 interest), dated June 23, 2011 and recorded July 7, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20110707000680620. IT BEING the same property conveyed to DACOR, LLC, a Virginia limited liability company by deed from David C. Rhodes (one-half 1/2 interest), dated June 23, 2011 and recorded July 7, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20110707000680630. 21929510v6 19 Exhibit D Legal Description of Collier Parcels PARCEL ONE: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, formerly Kempsville Magisterial District, Princess Anne County, containing one and five tenths (1.5) acres, and marked "Miles Smith" on a certain Map of Subdivision of Blocks 1 and 2 as shown on A. W. Cornick's Kempsville Farm, subdivided for Miles Smith, November22, 1928, made by S.M. Simpson, County Surveyor, which said Map is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, page 97, said piece or parcel of land being more particularly described as follows: BEGINNING at a point on the Southwestern side of Holland Road distant South 45 degrees 56 minutes East 132 feet, more or less, from the intersection of said Holland Road and the Southern side of Eastern Shore Road, which said point of beginning is marked by an iron pipe, and from said point running thence South 57 degrees 10 minutes West 508.2 feet to a point marked by an iron pipe, thence South 32 degrees 50 minutes East 123 feet to a point marked by an iron pipe, thence north 57 degrees 10 minutes East 541 feet to the Southwestern side of said Holland Road, and thence North 45 degrees 55 minutes West 128 feet to the point of beginning aforesaid, as shown on said plat. LESS and EXCEPT that portion of property conveyed to the City of Virginia Beach in Deed Book 2905, page 509. LESS and EXCEPT that portion of property conveyed to the City of Virginia Beach by Take recorded in Deed Book 3098, page 1717. LESS and EXCEPT that portion of property conveyed to the City of Virginia Beach in Deed Book 2807, page 0797. PARCEL TWO: ALL THAT certain piece or parcel of land, situated in the City of Virginia Beach, Virginia, formerly Kempsville Magisterial District, Princess Anne County, Virginia, containing 2.1 acres, more or less, and marked "J. J. Smith" on a certain Map of Subdivision of Blocks 1 and 2, as shown on A.W. Cornick's Kempsville Farm, subdivided for Miles Smith, November 22, 1928, made by S.M. Simpson, County Surveyor, which map is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, formerly Princess Anne County, Virginia, in Map Book 8, at page 97, save and except that certain piece or parcel of land containing .48 acres more or less, which was conveyed to Willis Harold, et ux, by deed of John Jarvis Smith, et ux, dated January 6, 1959 and duly recorded in the Clerk's Office aforesaid in Deed Book 600, at page 376. 21929510v6 20 LESS and EXCEPT that portion of property conveyed to the City of Virginia Beach in Deed Book 2905, page 509. LESS and EXCEPT that portion of property conveyed to the City of Virginia Beach by Take recorded in Deed Book 3098, page 1717. LESS and EXCEPT that portion of property conveyed to the City of Virginia Beach in Deed Book 2807, page 0797. PARCEL THREE: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, numbered 4771 Alicia Drive, lying, situate and being in the Kempsville Magisterial District, Virginia Beach (formerly Princess Anne County), Virginia, and being a portion of the property as described on the map of A.W. Cornick, Princess Anne County, Virginia, and being more particularly bounded and described as follows, to-wit: BEGINNING at a point on the Western side of the Holland Swamp Road, at the dividing line between this property and the properiy of Charlie Simmons, and running thence in a Southerly direction along the Western side of the Holland Swamp Road 100 feet to a pin; thence turning and running South 58° West 200 feet to a pin; thence North 45° West 100 feet to a pin in the dividing line between this property and the property of Charlie Simmons, said pin being in a ditch; thence turning and running along the center line of the ditch North 58° East 200 feet to the Western side of the Holland Swamp Road, point of beginning; said parcel containing .45 acres and designated and described on a plat entitled "property of Alex Owens, located at Powell's Comer-Princess Anne Co., VA.," made by W.B. Gallup, County Surveyor, dated November 25, 1954, which plat is heretofore recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach recorded in Deed Book 2941, page 495. IT BEING a portion of the property conveyed to Jerry J. Collier by deed from Beachtowne Realty Corporation, a Virginia corporation, dated February 3, 2010 and recorded February 17, 2010 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20100217000152390. 21929510v6 21 Exhibit E Legal Description of Dalton Parcel Beginning at a concreted steel pin at the northwest corner of lot 6A, Northern Village at its intersection with the right of way line of General Clark Court; thence departing said General Clark Court right of way line along the common line of lot 5 and lot 6A Northern Village S 39°57'31" E 132.99 feet to a rod found, said rod found being the true point and place of beginning; Thence along the rear lot line of lot 6A Northern Village N 19°27'31" E, 73.48 feet to a rod set; Thence continuing along the rear lot line of lot 6A Northern Village N 11°39'34" W, 51.55 feet to a rod found; Thence along the rear lot line of lot 7 Northern Village N 11°36'03"w, 106.61 feet to a rod found; Thence along the property of Willis Harold, Jr. S 39°34'37" E, 33.99 feet to a rod found; Thence along the property of Jerry Collier S 39°34'37" E, 123.44 feet to a rod set; Thence along the properties of David William and Virginia Lee Joyner, Evelyn Owens Estate, and Paul R. Smith S 39°34'37" E, 175.76 feet to a rod found; Thence along the properly of Gee Properties, LLC S 50°34'15" E, 233.99 feet to a rod found; Thence along the property of Dacor LLC N 39°40'41" E, 44.03 feet to 30" Oak tree; Thence continuing along the property of Dacor LLC Jr. S 51°35'S0" W 90.07 feet to a rod found; Thence along the property of 4841 and 4843 Dalton Drive A Condominium N 39°40'41" W, 194.85 feet to a rod found; Thence along the rear line of lot 4 and lot 5 Northern Village N 68°28'5 1" E, 145.36 feet to a rod found at the point and place of beginning, containing 74,529 square feet / 1.711 acres. This being a portion of the same property conveyed to Michael and Herlyn R. Dalton, husband and wife by deed from Michael Dalton, dated January 25, 2012 and recorded January 26, 2012 in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia by instrument no. 20120126000089820. 21929510v6 22 Exhibit F Legal Description of Smith Parcel All that certain piece or parcel of land, situated in Lynnhaven Borough (formerly Kempsville Magisterial District) Virginia Beach, Virginia, containing two (2) acres and marked "Rufs Price" on a certain map of Subdivision of Block 1 and 2, as shown on H.W. Cornick's Kempsville Farm, subdivided for Miles Smith, November 22, 1928, by S. M. Simpson, County Surveyor, which said map is recorded in Map 8, page 97 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point on the southwestern side of the Holland Road at the northeastern corner of the land conveyed by Axiom Smith to Charles Price by deed dated July 1, 1911 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 87 at page 279, which said point is distant north 45 degrees 55 minutes west 346.2 feet from the intersection of the westerly line of the Baxter road with the southwestern line of the Holland Road and ruruung thence north 45 degrees 55 minutes west 104 feet along said Holland Road to a point marked with a iron pipe, thence south 57 degrees 10 minutes west 286 feet to a point marked with an iron pipe, thence south 81 degrees 46 minutes west 338.8 feet to a point marked with an iron pipe; thence south 32 degrees 50 minutes east 241.5 feet to the land conveyed to Charles Price by the deed aforesaid, and thence north 57 degrees 10 minutes east 615.8 feet along said Price's land to the point of beginning aforesaid on the southwestern side of said Holland Road. IT BEING the same property conveyed to Paul R. Smith by deed from Robert E. Sparrow, Jr., dated November 26, 2001 and recorded February 13, 2002 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4622 at page 980. 21929510v6 23 Exhibit G Legal Description of Joyner Parcels PARCEL ONE: ALL THAT certain tract, piece or parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach (formerly Kempsville Magisterial District near the Village of Kempsville, Princess Anne County) Virginia, and being a portion of Lot 1 and 2 on the map of A.E. Cornick's Kempsville Farm, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 9, Page 43 (erroneously stated in prior deed to be Map Book 1 at page 9) and more particularly described as follows: Beginning at a point on the western side of Holland Swamp Road at this dividing line between this property and the property of Evelyn Owens and from said pin running thence south 58 degrees west 200 feet to a pin; thence turning and running thence north 45 degrees west 80 feet to a pin; thence turning and running north 58 degrees east 200 feet to a pin in the western side of Holland Swamp Road north 45 degrees west 80 feet to a pin, the point of beginning. Less and except that certain portion of the property conveyed to the City of Virginia Beach, Virginia by deed from Elizabeth U. Lassiter, femme sole, dated June 18, 1990 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2932 at Page 1032. IT BEING the same property conveyed to David W. Joyner and Virginia L. Joyner, husband and wife by deed from Elizabeth U. Lassiter, unmarried, dated December 15, 2000 and recorded December 19, 2000 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4336 at page 109. PARCEL TWO: All that certain lot, piece or parcel of land with the buildings and improvements thereon, known, numbered and designated as "Tract C 1.0 Ac., Evelyn Owens" as shown on plat of "Subdivision of Property of Evelyn Owens, located at Powell's Corner, Princess Anne Co., Va., dated July 25, 1962, W.B. Gallup, Surveyor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 57, at page 11. Save and Except from the above tract that certain piece and parcel of land conveyed by Evelyn Owens and Joseph Owens to Melvin F. Jones and Wilhelmina Jones, by deed dated August 11, 1961, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia in Deed Book 706, at page 447. 21929510v6 24 IT BEING the same property conveyed to David William Joyner and Virginia Lee Joyner, husband and wife by deed from Evelyn Owens and Joseph Owens, her husband, dated August 13, 1962 and recorded October 30, 1962 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 754 at page 543. 21929510v6 25 SPECIAL POWER OF ATTORNEY I, Wilmure Burden, ("Grantor"), appaint C. Torrey $reeden, Execurive Vice President of The Breeden Cornpany, SfiO Lynnhaven Pkwy, Virginia Beaeh, Virginia 23452 ("Grantee"), as my true and lawful attorney-in-fact, to prepare, file, negotiate, execute and deiiver a Conditional Re-zoning Application (the "Application") on my behalf, relating to my property lacated within the Bayside election district of the City of Virginia Beach, Virginia, and including all appiication materials, proffer agreements, and exhibits in connectian with the f ling, processing or evaluation af the Applicativn, including without limitation appiications for subdivision and wetlands deiineation of the subject property. The gower and authority of the Grantee shall inciude, without limitation, the power and auuthhority to negotiate changes to the Application and to make and submit revisions ta the Applicatifln on my behalf. This Special Power of Attorney shall not terminate on the disability of the principal and shall be construea in accordance with §§ 11-9.1 and 11-9.2 of the Code of Virginia (1950), as amended. The rights, powers and authority of Grantor's attorney-in fact granted in ttus instrument shall co;nmenee and be in fuil foree upon delivery of the originai of ihis instrument to my attorney- in-fact and shall remain in full force until Grantor gives nofice of its temunation to the attomey-in- fact; however, an Affidavit executed pursuant to § 11-9.2(b) of the Virginia Code (1950), as amended, shall be conclusive proof of the non-revoca#ion and non-tern3ination of this Power of AttQrney at such time. Dated: 2014 .- Wilmure Burden CONIMONWEALTH OF VII2.GINIA CI`I'Y/COUNTY OF rr(C to-wit: I, the undersigned, a Notary Pubic in and for the jurisdiction aforesaici, certify that VtTilmure Burden, whose name is signed to the forego??i g SrfiVn-'S ia1 Power of Attorney, and who is known persanally to me or who has provided aL V ?i,. ,'as identification, appeared before me this -74`- day of ooj 2014, and acknowledged the same before me. My Commission expires: ?.? /, c?o 1 Registration number: -5 q? 239397.1 Nvtary Public PAMELA T. t'.FY 7046343 NOTARY "UBUC COMMONWEALTH QFVIRV` 21929607v1 SPECIAL POWER OF ATTORNEY I, Earl.Tefferson, ("Grantor"), appoint C. Torrey Breeden, Executive Vice President of The Breeden Company, 560 Lynnhaven Pkwy, Virginia Beaeh, Virginia 23452 ("Grantee"), as my true and Iawful attorney-in-fact, to prepare, file, negotiate, execute and deliver a Conditional Re-zoning Application (the "Application") on my behatf, relaring to my property located within the Bayside etection district of the City of Virginia Beach, Virginia, and including ajl application materials, proffer agreements, and exhibits in cannecrion with the fiiing, pracessing or evaluatian of the Applicatian, including without limitatian applications for subdivisian and wetlands delineation of the subject property. The power and authority of the Grantee shall include, wi#hout limitation, the power and authority to negotiate changes to the Application and to make and submit revisions to the Application on my behalf. This Special Power of Attorney shall not terminate on the disabiiity of the principal and shali be construed in accordance with §§ 11-9.1 and 11-9.2 of the Cade of `7irginia (1950), as amended. The rights, powers and authority of Grantor's attorney-in-fact granted in this instrument shaii commence and be in fuli force upon delivery of the originai of this instrument to my attorney- in-fact and sha11 remain in fuli force until Grantor gives notice of its tennination to the attomey-in- fact; however, an Affidavit executed pursuant to § 11-9.2(b) of the Virginia Code (1950), as arnendeti, shall be cc>nclusive proof of the non-revocation and non-termination of #his Power of Attorney at such time. Dated: 2014 Eari Jefferson CQMMONWEALTH OF VIRGINIA CITY/C'PLaiTY OF ? ?•',?,'?.___Eto Ci, , to-wit: I, the undersigned, a Notary Pubic in and for the jurisdiction aforesaid, certify that Earl Jefferson, whose name is signed to the foregoin? Special Power of Attorney, and who is known personally to me or who has provided 62- as identification, appeared before me this -0- day of 2014, and acknowtedged the same before me. My Commission expires: f- Registration number: ' /D?? 239397.1 orary Public 9 21929610v1 9--92 SPECIAL POWER OF ATTORNEY I, Rahert Lee Owens, ("Grantor"), appoint C. Torrey Breeden, Executive Vice President 4f The Breeden Company, 560 Lynnhaven Pkwy, Vir?inia Beach, Virginia 23452 {"Grantee"), as my true and Iawful attorney-in-fact, to prepare, file, negotiate, execute and deliver a Canditional Re-zoning Application (the "Application") on my behalf, relating to my property located within the Bayside election district of the City of Virginia Beach, Virginia, and including all application materials, proffer agreements, and exhibits in connection with the filing, processing or evaluation of the Application, including without Iimitation apptications for subdivision and wetlands delineation of the subject property. The power and authority of the Grantee shail include, wi#hout limitation, the power and au#hority to negotiate changes to the Applicatian and to make and submit revisions tfl the Application on my behalf. This Special Power of Attomey sha11 not terminate on the disability of the principal and shall be construed in accordance wi#h §§ l 1-9.1 and 11-9.2 of the Code of Virginia (1950), as amended. The rig13#s, powers and authority of Grantar's attorney-in-fact granted in this instrwnent shali cammence and be in fuil force upon delivery of the original of this instrument to my attomey- in-fact and shall rernain in fuii force until Grantor gives notice of its termination to the attorney-in- fact; however, an Affidavit executed pursuant to § 11-9.2(b) of the Virginia Code (1950), as amended, shall be conclusive proof of the non-revocation and nan-termination of this Power of Attorney at such time. Dated: ?j2 i , 2414 ? '?Robert L.ee Ovvens COMMONWEALTH OF VIRGINIA CITY/COUNTY OF r1?? s n, ??-tcsa._h_?.--to-?vit: I, the undersigned, a Notary Pubic in and for the jurisdiction aforesaid, eertify that Robert Lee Owens, whose name is signed to the foregoing Special Power of Attorney, and wha is known persorally to me or who has provided k'v&-gE 1pr- G'rvrm -, as identification, appeared before me this t q_ day of _47)11-1 , 2014, and acknawiedged the same before me. ? Notary P blic My Comrnission expires: t ?p Registration number: ° t 239397.1 ? 1RE7?w .345894 llOT71R2 P== CCfi410NWE11L2H OI' VIR8I11II? °''.. 114Y corAS:sslox LmIxss 7/31/2016 21929619v1 SPECIAL POWER OF ATTORNEY 1, Wanda Jean Owens Williams ("Grantor"), appoint C. Tortey Breeden, Execu#ive Vice President of The Breeden Company, 560 Lynnhaven Pkwy, Virginia Beach, Virginia 23452 ("Grantee"), as my true and lawfui attorney-in-fact, to prepare, fite, negotiate, execute and deliver a Conditional Re-zoning Application (the "Application") on my behaif, relating to my property located within the Bayside election district of the City of Virginia .Beach, Virginia, and including all application materiais, proffer agreements, and exhibits in cannection with the filing, processing or evaiuation of the Agplication, including without Iunitation applications for subdivision and wetlands detineation of the subject property. The power and authority of the Grantee shall include, without limitation, the power and authority to negotiate changes to the Application and to make and submit revisian.s to the Application on my behalf. This Special Power of Attomey shall not terminate on the disabiiity of the principal and shall be construed in accordance with §§ l 1-9.1 and 11-92 af the Code of Virginia (1950), as amended. The righ#s, powers and authority af Grantor's attorney-in-fact gran#ed in this inst7ument shall cammence and be in fuii force upon deiivery of the original of this insinument to my attorney- in-fact and shall remain in fuli force unfil Grantor gives notice of its termination to the attorney-in- fact; however, an Affidavit executed pursuant to § 11-9.2(b) of the Virginia Code (1950), as amended, shall be conclusive proof of the non-revoca#ion and non-termination of this Power of Attorney at such time. . Dated: , 2014 ' Wanda. Jean Owens Williams CC7MMONWEALTH OF VIRGINIA CITY/COUNTY OF #o-wit: I, the undersigned, a Notary Pubic in and for the jurisdictian afpresaid, certify that Wanda Jean Owens Williams, whose name is signed to the foregoing Special Power of Attorney, and?wh?o is known personally to me or who hvided ; '?J identification, appeared before me this 9? y of 2014, and acknowleft same before me. J' iYl - 1?-----.. Notai'y ?t1bl1C 4- My Commissian expires: .31 ?C? Registration number: 239397.1 21929626v1 SPECIAL POWER OF ATTORNEY I, Theresa Anne Owens Edwards, ("Grantor"), appoint C. Torrey Breeden, Executive Viee President of The Breeden Company, 560 Lynnhaven Pkwy, Virginia Beach, Virginia 23452 ("Gran#ee"), as my true and lawful attorney-in-fact, to prepare, file, negotiate, execute and deliver a Conditional Re-zoning Application (the "Application") on my behaif, relating to my property located within the Bayside election district of the City of Virginia Beach, Virginia, and including all applicatinn materials, proffer agreements, and exhibits in connection with the filing, processing ar evaluation of the Appiication, inciuding without luni#ation applications for subdivision and wetlands delineation of the subject property. The power and authority of the Grantee shall include, without Iimitation, the power and authoriiy ta negotiate changes tv the Application and to make and submit revisions to the Application on my behalf. This Special Power of Attorney sha11 nat terminate on the disability of the principal and sha11 be construed in accordance with §§ 11-9.1 and 11-9.2 of the Code of Virginia (1950), as amended. T11e rights, pawers and authority of Grantor's attarney-in-fact granted in this instrument shali commence and be in fuil force upon deiivery of the originai of this instrument to my attorney- in-fact and shall remain in full force until Grantor gives notice vf its terniina#ion to the attorney-in- fact; however, an AfFidavit executed pursuant to § 11-9.2(b) af the Virginia Code (1950), as amended, shall be conclusive proof of the non-revocation and nan terminatian of #his Power of Attorney at such time. Dated: 2014 ?.???Au,_Ome v?+ b At.s Theresa Anne Uwens Edwards COMMONWEALTH OF VIRG CiTYJE'6tINW OF to-wit: I, the undersigned, a Notary Pubic in and for the jurisdiction aforesaid, certify that Theresa Anne Owens Edwards, whose name is signed to the foregoing Special Pawer of Attomey, and who is known personally to me or who has provided et Ii ?lZ' r?l I S?_/ / ' /',<., as i d e n t i fi c a tio n, a p p e a r e d b e f o r e me this 14- da y of 2014, and acknowledged the same before me. No#ary Public My Commission expires: Registration number: 239397.1 g A T• ELEY 7 046343 TARY PUBLIC WEALTM OF VIRGINIA 21929630v1. SPECIAL POWER OF ATTORNEY I, Heleue Doreen Owens, ("Grantor"), appoint C. Torrey Breeden, Executive Vice President of The Breeden Company, 560 Lynnhaven Pkwy, Virginia Beacii, Virginia 23452 ("t'irantee"), as my true and iawfui attomey-in-fact, to prepaze, file, negatiate, execute and cieliver a Condirional Re-zoning Application (the "Application") on rny behalf, relating to my property located within the Bayside election district of the City of Virginia Beach, Virginia, and including ail apglicatinn materiais, proffer agreements, and exhibi#s in cannection with the filing, processing ar evaluation of the Agplication, including without limi#ation applications far subdivision and wetlands deiineation of the subject property. The power and authority of the Grantee shall incIude, without limitation, the power and authority to negotiate changes to the Application and to make and submit revisions ta the Application on my behalf. Tliis Speciat Power of Attomey sha11 nat terminate on the disabifiiy of the pnncipal and shall be construed in accordance with §§ I1-9.1 and 11-9.2 of the Code of Virgirua (1950), as amended. The rights, powers and au#hority vf Crran#or's attorney-in-fact granted in this instrument shall commenee and be in full force upon delivery of the originai flf this insft-ument #a my attorney- in-fact and shall remain in full force untii Grantor gives notice of its termination to the attorney-in- fact; however, an Affidavit exeeuted pursuant to § 11-9.2(b) of the Virginia Code (1950), as amended, shall be conclusive proof of #he non-revocation and non-termination of this Power of Attorney at such time. ? Da{ed: , 2014 Helene Doreen Owsns COMMONWEALTH OF IRQIN CITYJCOi7NTY OF . bpd ?? ???4 , #awit: I, the undersigned, a Notary Pubie in and for the jurisdictiQn aforesaid, certify thax Helene Dareen Owens, whose name is signed to the foregoing Special Power of Attomey, and who is known personally to me or who has provided as identification, appeared before me this A:S day of ° , 2014, and acknowiedged the same before me. Fu My Commission expires: Registration number: _ o8?-,Ia 6M J-5 o?., ;?; ?? ,lEF FBOflGUS • ? Notary PubGc +y;?„?;r STATE OF TEXAS '" Exp.AugW t2,2015 239397.1 21929634v1 SPECIAL POWER OF ATTORNEY I, Yvonne Marie Owens, ("Grantor"), appoint C. Toney Breeden, Executive Vice President of The Breeden Company, 560 Lynnhaven Pkwy, Virginia Beach, Virginia 23452 ("Grantee"), as my true and lawful attorney-in-fact, to prepare, file, negotiate, execute and deliver a Conditional Re-zaning Application (the "Application") on my behalf, relating to my property located within the Bayside election district of the City of Virginia $each, Virginia, and inciuding all applieation materiais, proffer agreements, and exhibits in connection vvith the filing, processing or evaluatian of the Application, including without limitation applications for subdivision and wetiands delineation of the subject property. The power and authority of the Grantee shall include, without 1%mitation, the power and authority to negotiate changes to the Application and to make and submit revisions to the Application on my behaif. This Special Power of Attorney shali not terminate on the disability of the principal and shall be canstrued in accordance with §§ 11-9.1 and 11-9.2 of the Code of Virginia (1950), as amended. The rights, powers and authority of Grantor's attorney-in-fact granted in this instrumen# shati commence and be in fuli foree upon delivery of the original of this instrument to my attorney- in-fact and shall remain in full force unfii Grantor gives notice of its terminafion to the attorney-in- fact; however, an Affidavit executed pursuant to § 11-9.2(U) of the Virginia Code (1950), as amended, shall be conclusive proof of the non-revocation and non-#ermination of this Power of Attorney at such time. Dated: 4,2 rf l 2014 4eYvo Marie Owens COMMONWEALTH OF VIItGIl'4IA CITY/C$f.NTY OF A('? n ;'c 611 , to-wit: ? I, the undsrsigned, a Notary Pubic in and for the jurisdiction aforesaid, certify that Yvonne Marie Owens, whose name is signed to the foregoing Speciai Power of Attorney, and who is known personally to me or who has provided (? ?. Dywe( as identification, appeared before me tius ? day of 2014, and acknowiedged the same before me. ?w. or.ary Public ? PAMELA T. ELEY 7046343 My Commission expires: ?- ?? y117- ? ? NOTARYPUBLIC Registration number: EOMMONWEALTH OF VIRGINIA 239397.1 21929634v1 , 4?-.... ?J 4= yr_If CITY OF VIRGINIA BEACH AGENDAITEM ITEMS: CITY OF VIRGINIA BEACH (a) An Ordinance to Add Section 209.3 for Temporary Commercial Parking Lot Standards, Conform Sections 246, and 1501, and Sections 5.3.7 and 6.2.6 of Appendix 1 of the City Zoning Ordinance to the Provisions of the Public Works Design Standards Manual. (b) Ordinance to Conform Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, 6.3 and 7.1 of the Subdivision Regulations (Appendix B) to the Provisions of the Public Works Design Standards Manual. (c) An Ordinance to Conform Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance to the Provisions of the Public Works Design Standards Manual. (d) An Ordinance to Conform Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) to the Provisions of the Public Works Design Standards Manual. MEETING DATE: August 19, 2014 ¦ Background: These four amendments are the result of an update to the `Department of Public Works Specifications and Standards,' which is being re-titled to `Public Works Design Standards Manual.' ¦ Considerations: The Department of Public Works is requesting that these four ordinances be indefinitely deferred, as the 'Public Works Design Standards Manual' is still being reviewed and finalized. ¦ Recommendations: Staff recommends that the ordinances be indefinitely deferred for the purpose of providing additional time for review and finalization of the `Manual.' Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department City Manager: ? v-? ? V i? ? -i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Allowed Signage for Schools. MEETING DATE: August 19, 2014 ¦ Background: The school sign regulations adopted in 1987, allow each school to have only one 24 square foot sign. Schools have changed considerably since 1987. New school buildings are now larger and have multiple stories. In addition, public schools today often have multiple academies within one school building which need to be identified. ¦ Considerations: The proposed sign amendments allow each school site to have one freestanding sign per entrance. Each freestanding sign can have a maximum height of eight feet, with two faces per sign and a maximum of 40 square feet per face. In addition, a school may have two wall signs for each building fagade facing a public street. Such wall signs can have one square foot per linear foot of each building wall facing a public street. 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 Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . ?,, ? 16 July 9, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 211 - SIGNAGE FOR SCHOOLS REQUEST: An Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Allowed Signage for Schools. SUMMARY OF AMENDMENT The amendments increase the signage allowance for public schools and for private schools having similar curriculums. The school sign regulations adopted in 1987, allow each school to have only one 24 square foot sign. Schools have changed considerably since 1987. New school buildings are now larger and have multiple stories. In addition, public schools today often have multiple academies within one school building which need to be identified. The proposed sign amendments allow each school site to have one freestanding sign per entrance. Each freestanding sign can have a maximum height of eight feet, with two faces per sign and a maximum of 40 square feet per face. In addition, a school may have two wall signs for each building facade facing a public street. Such wall signs can have one square foot per linear foot of each building wall facing a public street. RECOMMENDATION Staff recommends approval of these proposed amendments which provide a needed update of public and private school sign regulations. The current sign ordinance does not allow enough signage to properly identify our modern school buildings. CITY OF VIRGINIA BEACH / Section211 Signage for Sch6 ols Agenda Iterrt` 16 Page 1 1 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY 2 ZONING ORDINANCE, PERTAINING TO ALLOWED 3 SIGNAGE FOR SCHOOLS 4 5 Section Amended: City Zoning Ordinance Section 211 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That Section 211 of the City Zoning Ordinance is hereby amended and 15 reordained, to shall read as follows: 16 17 Sec. 211. Signs permitted in all districts. 18 19 .... 20 21 (j) Signs for public schools and private schools having curriculums similar to 22 public schools. One monument sign at each entrance from a public street, 23 not to exceed +w°nty fnUr fort40 square feet per face or eight (8) 24 feet in heiqht and a maximum of one (1) sauare foot of wall siqnaqe per 25 linear foot of each buildinq wall facinq a public street. Such schools mav 26 have a maximum of two wall (2) siqns for each buildinq fagade facinq a 27 public street. No sign shall have more than two (2) faces. No sign shall 28 be installed within fifty (50) feet of a residential use. 29 30 COMMENT 31 32 The amendments increase the amount of signage allowed to public and private schools. 33 Under the current ordinance the signage allotment (one freestanding sign no greater than 24 square 34 feet in area) is insufficient to properly identify schools, especially the more recently-built, larger 35 schools. The amendments allow one monument-style sign no greater than 40 square feet per face in 36 area for each entrance from a public street and two wall signs per building fagade facing a public 37 street. The size of wall signage is determined by the width of the building fagade upon which they 38 are mounted (1 square foot per linear foot of building width). 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 41 7 2014. 42 Approved a to Content: 43 44 45 46 Plann `?g ?partment 47 ?' CA-13028 May 20, 2014 R-1 Approved as to Legal Sufficiency: . City Attorney's Office 2 Item #16 City of Virginia Beach Amendment to Section 211- Signage for Schoois luly 9, 2014 CONSENT An Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Allowed Signage for Schools. The amendments increase the signage allowance for public schools and for private schools having similar curriculums. The school sign regulations, adopted in 1987, allow each school to have only one 24 square foot sign. Schools have changed considerably since 1987. New school buiidings are now larger and have multiple stories. In addition, public schools today often have multiple academies within one school building, which need to be identified. The proposed sign amendments allow each school site to have one freestanding sign per entrance. Each freestanding sign can have a maximum height of eight feet, with two faces per sign and a maximum of 40 square feet per face. In addition, a school may have two wall signs for each building fa?ade facing a public street. Such wall signs can have one square foot per linear foot of each building wall facing a public street. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 16. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission recommended approval of item 16. Y04? ?'??T (?' ?"4'=!t S s! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -- An Ordinance to Amend Sections 209.1 and 401, Allowing Farm Breweries as a Permitted Use in Agricultural Zoning Districts and setting forth Regulations Pertaining to such use. MEETING DATE: August 19, 2014 ¦ Background: The amendments allow farm breweries as a permitted principal use in Agricultural Districts and set forth provisions regarding the allowed activities at farm breweries. The amendments are necessary as a result of legislation enacted by the 2014 General Assembly. ¦ Considerations: The proposed amendment states that the following uses and activities are permitted at farm breweries; however, no such use or activity is allowed if it conflicts with an establishment's farm brewery license: 1. The on-premises sale, tasting, or consumption of beer during regular business hours within the normal course of business of such licensed brewery; 2. The direct sale and shipment of beer in accordance with applicable provisions of the Virginia Alcoholic Beverage Control Act and regulations of the Alcoholic Beverage Control Board; 3. The sale and shipment of beer to licensed wholesalers and out-of- state purchasers in accordance with applicable provisions of the Virginia Alcoholic Beverage Control Act, regulations of the Alcoholic Beverage Control Board, and federal law; 4. The storage and warehousing of beer in accordance with applicable provisions of the Virginia Alcoholic Beverage Control Act, regulations of the Alcoholic Beverage Control Board, and federal law; and 5. The sale of beer-related items that are incidental to the sale of beer. There was no opposition to the request. CITY OF VIRGINIA BEACH - FARM BREWERIES Page 2 of 2 ¦ 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 Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. ? ? • ? 17 July 9, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTIONS 209.1 AND 401 OF THE ZONING ORDINANCE FOR FARM BREWERIES REQUEST: An Ordinance to Amend Sections 209.1 and 401, Allowing Farm Breweries as a Permitted Use in Agricultural Zoning Districts and setting forth Regulations Pertaining to such use. SUMMARY OF AMENDMENT The amendments allow farm breweries as a permitted principal use in Agricultural Districts and set forth provisions regarding the allowed activities at farm breweries. The amendments are necessary as a result of legislation enacted by the 2014 General Assembly. Technical, non-substantive changes to state law references have also been made in Section 209.1. RECOMMENDATION Staff recommends approval. CITY OF VIRGINIA BEACH / Farm Brewe?-ies Agenda Item 17 Page_ 1 ?.:_ .._ 1 AN ORDINANCE TO AMEND SECTIONS 209.1 AND 401 OF 2 THE CITY ZONING ORDINANCE, ALLOWING FARM 3 BREWERIES AS A PERMITTED USE IN AGRICULTURAL 4 ZONING DISTRICTS AND SETTING FORTH REGULATIONS 5 PERTAINING TO SUCH USE 6 7 Sections Amended : City Zoning Ordinance Sections 209.1 and 8 401 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That Sections 209.1 and 401 of the City Zoning Ordinance are hereby amended, 17 to read as follows: 18 19 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 20 ALL DISTRICTS 21 22 .... 23 24 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 25 PARKINGl AND OFF-STREET LOADING, AND CERTAIN USES 26 27 .... 28 29 Sec. 209.1. Farm wineries and farm breweries. 30 31 (a) License required. No farm winery or farm brewerv shall be operated 32 unless it is licensed as such by the Virginia Alcoholic Beverage Control Board pursuant 33 to the applicable provisions of .. the Virqinia Alcoholic Beveraqe 34 Control Act. 35 36 (b) Lot area. The minimum lot area for farm wineries and farm breweries shall 37 be two (2) acres, the entirety of which shall be in the agricultural district. No farm winery 38 or farm brewery shall be located on any lot that is subject to a conditional use permit 39 allowing alternative residential development pursuant to section 405. 40 41 (c) Allowed uses at farm wineries. The following uses and activities are 42 permitted at farm wineries, provided that such uses and activities are not inconsistent 43 with an establishment's farm winery license: 44 45 (1) The production and harvesting of fruit and other agricultural 46 products and the manufacturing of wine; 47 48 (2) The on-premises sale, tasting, or consumption of wine or beer 49 during regular business hours within the normal course of business 50 of the farm winery; 51 52 (3) The direct sale and shipment of wine by common carrier to 53 consumers in accordance with applicable provisions of Gede e# 54 Vir^i^i° tit. ^.? the Virqinia Alcoholic Beveraqe Control Act and 55 regulations of the Virginia Alcoholic Beverage Control Board; 56 57 (4) The sale and shipment of wine to the Virginia Alcoholic Beverage 58 Control Board, licensed wholesalers, and out-of-state purchasers in 59 accordance with applicable provisions of .. the 60 Virqinia Alcoholic Beveraqe Control Act, regulations of the alcoholic 61 beverage control board, and federal law; 62 63 (5) The storage, warehousing, and wholesaling of wine in accordance 64 with ..4- the Virqinia Alcoholic Beveraqe 65 Control Act, regulations of the Virginia Alcoholic Beverage Control 66 Board, and federal law; and 67 68 (6) The sale of wine-related items that are incidental to the sale of 69 wine. 70 71 (d) Allowed uses at farm breweries. The followinq uses and activities are 72 permitted at farm breweries, provided that such uses and activities are not inconsistent 73 with an establishment's farm brewery license: 74 75 1. The on-premises sale, tastinq, or consumption of beer durinq 76 reqular business hours within the normal course of business of 77 such licensed brewerv; 78 2 79 2. The direct sale and shipment of beer in accordance with applicable 80 provisions of the Virqinia Alcoholic Beverage Control Act and 81 requlations of the Alcoholic Beveraqe Control Board; 82 83 3. The sale and shipment of beer to licensed wholesalers and out-of- 84 state purchasers in accordance with applicable provisions of the 85 Virqinia Alcoholic Beveraqe Control Act, regulations of the Alcoholic 86 Beveraqe Control Board, and federal law; 87 88 4. The storaqe and warehousing of beer in accordance with applicable 89 provisions of the Virginia Alcoholic Beveraqe Control Act, 90 regulations of the Alcoholic Beveraqe Control Board, and federal 91 law; and 92 93 5. The sale of beer-related items that are incidental to the sale of 94 beer. 95 96 (4) (e) Special events. Special events shall be permitted up to six (6) times per 97 year. For purposes of this section, a special event is an event conducted at a farm 98 winery or farm brewery on a single day for which attendance is allowed only by 99 invitation or reservation and whose participants do not exceed fifty (50) people. Special 100 events include, but are not limited to, meetings, conferences, banquets, dinners and 101 other events held for the purpose of marketing wine or beer or at which consideration is 102 received by the farm winery or its agents. Special events do not include private personal 103 gatherings held by the owner of a licensed farm winery or farm brewerv who resides at 104 the farm winery or farm brewery or on property adjacent thereto that is owned or 105 controlled by such owner at which gatherings wine or beer is not sold or marketed and 106 for which no consideration is received by the farm winery or farm brewerv or its agents. 107 108 The city council may, by conditional use permit, authorize the number of special events 109 per year to exceed six (6) or the number of allowed participants to exceed fifty (50), or 110 both. 111 112 (e) No kitchen permitted by the health department as a commercial kitchen 113 shall be allowed in conjunction with a farm winery or farm brewery. Such kitchens may 114 be used by licensed caterers for the handling, warming and distribution of food, but not 115 for cooking food, to be served at such special events or festival. 116 117 (fl Outdoor amplified music shall be prohibited. 118 3 119 .... 120 121 ARTICLE 4. AGRICULTURAL DISTRICTS 122 .... 123 124 Sec. 401. Use Regulations. 125 126 (a) Principal and condifional uses. The following chart lists those uses 127 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 128 the respective agricultural districts shall be permitted as either principal uses indicated 129 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an 130 "X" shall be prohibited in the respective districts. No uses or structures other than as 131 specified shall be permitted. 132 133 Use AG-1 AG-2 134 135 Farm wineries and farm breweries, subject to the 136 provisions of section 209.1 P P 137 138 .... 139 COMMENT 140 141 The amendments allow farm breweries as a permitted principal use in Agricultural 142 Districts and set forth provisions regarding the allowed activities at farm breweries. The 143 amendments are necessary as a result of legislation enacted by the 2014 General Assembly. 144 Technical, non-substantive changes to state law references have also been made in Section 209.1. 145 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 148 , 2014 APPROVE AS TO CONTENT: APPROVED AS TO LEGAL UFFICIEN . Plannin partment City Attorney's Office CA-13047 R-1 June 16, 2014 4 Item #17 City of Virginia Beach Amendments to Section 209.1 and 401 of the Zoning Ordinance For Farm Breweries July 9, 2014 An Ordinance to Amend Sections 209.1 and 401, Allowing Farm Breweries as a Permitted Use in Agricultural Zoning Districts and setting forth Regulations Pertaining to such use. The amendments allow farm breweries as a permitted principal use in Agricultural Districts and set forth provisions regarding the allowed activities at farm breweries. The amendments are necessary as a result of legislation enacted by the 2014 General Assembly. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 17. 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 recommended approval of item 17. L. AYPOINTMENTS CHESAPEAKE BAY PRESERATION AREA BOARD GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD M UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT ?****??*****?**********?****«*** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 8:30 AM to S: 00 PM CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/7'HIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4:00-6:00 PM 2014 CITYHOLIDAYS Let11rar Drry - MonrlriY, Sepiember 1 Veter•rrtri T.?aY - ?`r,r???t,?t??, :'?'"?rr?c?rtzl?c?r• 11 1'lrutrli.sti4vin?; 1)tii' rrrral I)aV rrj"lcxr Ilrrrnlisgrvirr, - Tlzctr.stlcrv. A'ovember Zi rrirrd Frrday, A'oveazber 28 Clrristmtrs Eve (Ircrl„f-cicq) - WerfEresclcrY. C)ecetrtber 24 E"ttristnrccs TlcrY - 7'/rrrrsrlriY, 17eccjnrber '> gw 08/19/2014 CITY OF V/RGlNIA BEACH SUMMARY OF COUNCLL ACT/ONS R O S DATIi08/OS/2014 PAGE: I S- H S H M A E W AGENDA ITEM # SUBJEC"T MO"I'ION VOTE H ] A M S U 1 D N O K R M M S H L W Y I, N A T O O O R S O E E E N 1 S N O R Y S E N S D L iL L Lj I. CI7'Y MANAGER'S BRIEFINGS BLACH COMMUNITY PARTNERSHIP Andy Friedman - GOVERNING BOARU Director, Housing and Neighborhood Preservation PENDING PLANNING ITEMS Jack Whitney- Director, Planning lUlll/iVN/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y VI -E SF,SSION F. MINL!TES APPROVED 10-0 Y Y Y Y Y Y A Y Y Y July 8, 2014 G/ I RF.SOLUTION re access @ Northampton 13oulevard ADD ON APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y H MAYOR'S PRESENTATIONS: I . RESOLUTION - Karysa Trombley, ImprovingBirth.Org Rally Coordinator 2. Sister Cities International "Best Overall Award" Ruth Hodges Fraser, President, SCAVB I PIBLIC HEARINGS: 1. ACQUISI"I'ION BY AGREEMEN"I No Speakers OR CONDEMNATION Pacitic Avenue Improvements 2. LEASE CIT'Y-OWNED PROPERTY 302 22id Street Atlantic Avenue and 3" Street No Speakers 3 TRANSFER OF CITY PROPERTY Northampton Boulevard at Little Creek ReservoidLake Smith No Speakers I/1 Ordinance to AMEND §2-468 of the City ADOPTED, BY 10-0 Y Y Y Y Y Y A Y Y Y Y Code re scope of "Right to Audit Clauses" CONSF.NT C/TY OF'V/RG/NIA BEACH S(IMMARY OF COUNGL ACTIONS R O S DA"I'I: 08/05/2014 PAGE: 2 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y I. N A T O O O R S O E E E N 1 S N M I O O R I Y I ---- S I E I N I S I D I S I N I N I D i 2 Ordinances to AUTHORIZF, leases of ADOPTED, BY 10-0 Y Y Y Y Y Y A Y Y Y Y City property: CONSENT a. Integrated Management Group (Beach Events) at 302 22"' Street b. Ice Masters at 3"' Street/Atlantic Ave 3 Ordinances to ACCEP7Y ADOP"TED, BY 10-0 Y Y Y Y Y Y A Y Y Y Y APPROPRIATE/TRANSFER: CONSFNT a. $35,929 within the Sheriff's Budget re Food Service Assistant b. $33,694 Four-for-Life Program CranUprovide matching funds c. $15,000 from VBDA Charity Golf Classic d. $35,000 from HRSD re tree donation 4 Rcsolution re access @ Northampton ADOPTED, BY 10-0 Y Y Y Y Y Y A Y Y Y Y ADD ON Boulevard CONSENT K CROWN CASTLE USA, INC. for l DEFERRED 10-0 Y Y Y Y Y Y A Y Y Y Y . Alteration to a Nonconform" INDEFINTELY, BY CONSENT Structure re communication tower, at Meadow Ridge Lane DISTRiCT 7 - PRINCESS ANNE LA PAZ, LLC for Alteration to a 2 APPROVED/ 9-0 Y Y Y Y Y Y A Y Y Y A . Nonconforming Use re 2 homes at CONDITIONED, BY CONSENT 13 S 2565 Shore Drive ? DISTRICT 5 - LYNNHAVEN A I N F ll 3. MARY MEYER CUP home-based DF.FERRF,D TO 10_0 y Y Y Y Y Y A Y Y Y Y wildlife rehabilitation at 547 Susan 8/19/14, BY CONSFNT Constant Drive DISTRICT 5 - LYNNHAVEN CITY OF VIRGINIA BEACH CUP 4 DEFERRED 10-0 Y Y Y Y Y Y A Y Y Y Y . for a drive-through re a drugstore at [NDEFINITELY, BY CONSENT Princess Anne/South Witchduck Roads DISTR[CT 2 - KEMPSVILLE GTY OF V/RG/NIA BEACH SUMMARY OF CO(INCIL ACTIONS x 0 s DnTF.: 08/05/2014 PAGE: 3 S- li S A(;ENDA H M A E W fl-L-M # SUBJECT MO"I'lON VOTE F ) A M S U 1 D N O K R M M S H l. W Y L N A "I' O O O R S O E E E N I S N M I O O R Y S E N S D S N N D I APPOIN'1'MENTS RESCHEDULED g y C O N S E N S U S CHESAPEAKE BAY PRESERVATION BOARD W'ORKFORCEHOUSING Appointed4-Yr'lerm 10-0 Y Y Y Y Y Y A Y Y Y Y ADVISORY BOARD 10/1/14 - 9/30/18 Ann Crenshaw Appointed Ex Otfcio 10-0 Y Y Y Y Y Y A Y Y Y Y Addie Wright Thomason, Executive Director, CEO, VBCDC M/N NEW BUSINESS OPTIONS TO BF. l. CANCEL/ RESCHEDULE CITY DETERMINED BY COUNCIL SESSIONS re: MAYOR/V1CE a. GENERAL/ COUNCILMANIC MAYOR ELLCTIONS - NOVEMBER 4, 2014 b. NATIONAL HOLIDAY - NOVEMBER 11, 2014 p ADJOURNMENT 6:14 PM PUBLIC COMMEN7' 6:14 PM - 624 PM 4 Speakers CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/TNIRD TUESDAYS: BXIEFING//NFORMAL/FORMAL SESSlONS FIRST TUESDAYS: OPEN CITlZEN DIALOGUE C/TY OF V/RG/NIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DA"fE: 08/05/2014 PAGE: 4 S" H S AGENDA H M A E W 1Tf:M # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O R Y S E N S D S N N D CITY COUNCIL RET/ZEAT Economic Development Of'fice Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS Lrrhor L)aY - ,Vlorrtlrzt', .Sqrtcryaher 7 Feterrrrns C)aY - frac:crlrar', A%+'?rernher / 1 7hrrrrks,;h4ir,, (3ir}, a»c! 1)ut' uftYr Tlttrnk.tigivirz?; -- Jtrrrrsdczt`, ?+?r?arrrh#r:" rrrtrr 1 r?rl?r,?'. '??>??f??trbexr ?8 t"/rrrstfitras E've {lral/=rlrr}') - l1'edrrc:.sdur•, IJec°enrnrtr 24 f "hri,cilrtcr.c L)rn, .- T/ttar.wlrrl'. 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