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Home My WebLink AboutSEPTEMBER 2, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ;11A Y'OR Wl/I ]AM U. SGSSOMS, JR., A( Large CICE MAYO2 I,OUIS 12. JONGS, Bayside - Di,rtract d RUBIzRT M. DYFR, Ceniervi!!e - Di.rtrict l BARBARA M. HL'NLlsY, Princess Anne - District 7 SFI.4NNON ll ti KANI,, Rose Ha[I - Dtslrict 3 BR,4D MA]tTIN, P.L., At Large J[JfIN D.MOSti, At Large ; Iti/]il,lA ROSS-HAiI fMOND, Kempsville - Di.rtrict 2 JOHN E- UHRIN, B: ach -District h KOti6MAR Y WlT,SGN, A1 Large JA.4lIsS L. 4VOOD, I.vnnhaven -Di.rlrict J CITY COUNC[L APPOINTEES ('17'YM,4NAG[!R -JAMGSK.SYORE ( '[1'YA77'OltN1sY- MA2KD. S77LCS ( Y7Y ASSESS02 .IERAI,U D. BANAGAN ('lTY Ai TDITOf2 - 1.YNDON S. RIiMIAS C17Y CI,ERK - X U7'H HODGES FRASER, MMC MAYOR WILLIAM D. SESSOMS, JR. PRESIDING II III. N CI'TY MANAGER'S BRIEFINGS - Conference Room - A. SCHOOL SIGNS AMENDMENT Karen Lasley, Zoning Administrator Tony Arnold, Director of Facilities Planning and Construction - Schools B. LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL CITY COUNCIL AGENDA 2 September 2014 CITYNAGL BUILDING 2401 COURTHOUSE DlZ/VE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.can 4:00 PM 5:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue C. YLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN MEMORIUM - Mary Russo Honorable Delegate Bill DeSteph and Representatives of the Virginia General Assembly AUGUST 19, 2014 2. PRESENTATION OF K1NG NEPTUNE XLI, THOMAS A. BARTON, III and COURT Ken Cummings, 2014 Chair 3. D-DAY COMMEMORATION REPORT Norwood Thomas 1. YUBLIC HEARING 1. EXCESS CITY-OWNED PROPERTY 253-257 Roselynn Lane J. ORDINANCES/RESOLUTION 1. Ordinance to DECLARE EXCESS PROPERTY at 253 and 257 Roselynn Lane; and, AUTHORIZE the sale to Betty S. Rouse 2. Ordinances to AUTHORIZE temporary encroachments into portions of City-owned rights-of-way for: a. The CHESAPEAKE BAY FOUNDATION, INC. into Marlin Bay Drive re construction of the "Brock Environmental Center" b. TCA BLOCK 11 OFFICE, LLC, TCA BLOCK 11 GARAGE, LLC, and TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. re overhangs and canopies at Main Street and Town Center Drive 3. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $257.14 from prior year's balances to the 2012-13 FOUR FOR LIFE Grant Fund b. $200.00 from the Fire Department's Gift Fund re purchase of a grill for Station 11 c. $1,155,151 from the 2014-15 Water and Sewer Program re Pacific Avenue Water Improvements 4. Resolution to RESCHEDULE the November 4, 2014, City Council Session to November 25, 2014 and CANCEL the November 11, 2014 Informal Briefing Session K. PLANNING **ADVERTISED FOR SEPTEMBER 2, 2014, IN ERROR Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Use Permit - BAYSIDE - DISTRICT 4 EXPEDITED AND ADOPTED AUGUST 19,_2014 - NO ACTION NECESSARY** Application of VIRGINIA WESLEYAN COLLEGE for a Street Closure of a portion of Burma Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 2. Application of THE SUNDIN DENTAL space available of a Conditional Change uses at 1385 Laskin Road DISTRICT 6 - BEACH RECOMMENDATION: CENTER, LLC for Modification of PROFFERS re of Zoning (approved January 23, 2001) re retail/office APPROVAL Application of DIANA BUHRMANN and HOOPER MANAGEMENT CO. for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 3245 Florence Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of ANTOINETTE HENDERSON and BRIAN and KIM MOSES for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 1812 Brownstone Court DISTRICT 1 - CENTERVILLE. RECOMMENDATION: APPROVAL 5. Application of SOUTHERN PERFORMANCE and BROTHERS TOO, LLC for a Conditional Use Permit re vehicle repair at 5156 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. Application of CAMERON JUSTIN MUNDEN and GRANTED WISH, LLC for a Conditional Use Permit re a bulk storage yard at 853 South Birdneck Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 7. Ordinance to AMEND Section 211 of the City Zoning Ordinance (CZO) re signage for schools (Deferred August 19, 2014) RECOMMENDATION: L. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ***************************** APPROVAL 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 MEETINGS RESCHEDULED EFFECTIVE: JUNE 19 2014 FIRST/THIRD T UESDA YS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM ............................................................................. a.., NOVEMBER COUNCIL MEETING SCHEDUI.E NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED :..?..........e ............................................................a...., CITY COUNCIL FALL RETREAT Economic Development Conference Room Town Center September 8, 2014 8:30 AM to 5: 00 PM 2014 CITYHOLIDAYS Veterans Day - Tuesday, November 11 Thanksgiving Day and Day after Thanksgiving - Tliursday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 MAYOR WILLIAM D. SESOMS, JR. PRESIDING I. CI7'Y MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. SCHOOL SIGNS AMENDMENT Karen Lasley, Zoning Administrator Tony Arnold, Director of Facilities Planning and Construction - Schools ' B. LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager IL CITY COUNCIL LIAISON REPORTS III. CI'I'Y COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue 6:00 I'M C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS AUGUST 19, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS RESOLUTION IN MEMORIUM - Mary Russo Honorable Delegate Bill DeSteph and Representatives of the Virginia General Assembly PRESENTATION OF K1NG NEPTUNE XLI, THOMAS A. BARTON, III and COURT Ken Cummings 2014 Chair 3. D-DAY COMMEMORATION REPORT Norwood Thomas Pt1BLIC HEARING 1. EXCESS CITY-OWNED PROPERTY 253-257 Roselynn Lane W .?... PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property, Tuesday, September 2, 2014 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at 253/257 Roselynn Lane (GPIN 2417-05-2612). The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the Citys needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Munlcipal Center. The Real Estate Office telephane number is (757)385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon August 24, 2014 24308256 J. OIZDINANCES/RESOLUTION Ordinance to DECLARE EXCESS PROPERTY at 253 and 257 Roselynn Lane; and, AUTHORIZE the sale to Betty S. Rouse 2. Ordinances to AUTHORIZE temporary encroachments into portions of City-owned rights-of-way i for: a. The CHESAPEAKE BAY FOUNDATION, INC. into Marlin Bay Drive re construction of the "Brock Environmental Center" b. TCA BLOCK 11 OFFICE, LLC, TCA BLOCK 11 GARAGE, LLC, and TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. re overhangs and canopies at Main Street and Town Center Drive Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $257.14 from prior year's balances to the 2012-13 FOUR FOR LIFE Grant Fund b. $200.00 from the Fire Department's Gift Fund re purchase of a grill for Station 11 c. $1,155,151 from the 2014-15 Water and Sewer Program re Pacific Avenue Water Improvements 4. Resolution to RESCHEDULE the November 4, 2014, City Council Session to November 25, 2014 and to CANCEL the November 11, 2014 Informal Briefing Session CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 253/257 Rosefynn Lane (GPIN 2417-05-2612) to be in excess af the City's needs and authorizing the City Manager to seil the praperty to Betty S. Rouse. MEETING DATE: September 2, 2014 ¦ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 253/257 Roselynn Lane (the "Property") on May 12, 2014 for $208,000. At the time of acquisition, the Property was improved with a developed duplex. The structure is slated for demolition. Betty S. Rause owns the adjacent praperty at 1523 Virginia Beach Baulevard. Mrs. Rouse proposes to purchase the Property for $6,246 ($1ISF) and resubdivide the twa properties into one residential lot. Additional dwelling units will be prohibited. ? Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner, The sale would enhance the neighborhood and reduce density. Mrs. Rouse's offer of $1 per square foot is consistent with previous excess City properties sold in the APZ-1 area #hat were not building sites. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of $630. ¦ Public Information: Advertisement for pubiic hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ¦ Alternatives: Retain ownership of #he Praperty. ¦ Recommendations: Approve the request and authorize the City Manager to execute ail necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. ¦ Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $6,246 will be received and fifty percent (50%) of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $3,123 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ¦ Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works Ro?,v ?? ?? (? City Manager: W z ? 3 -a ?a > a? ? 0 ? J m Q W m Q Z Lr) of > 1 ' m .. . ? ?a ? 00 ? .? ? . ? N ? M Z. m r a ¦ ? J ? ? W 2 co w F- _ anI8 dNd300 N NI NNJl13S02l IF7 m N 1 ? ta j i N ? U) ° N? D-1041W = N ? 0 W W a? m?Z U-Oo a N ? Z J ? Q> - R: ZN gHOZ? ?H}o Z w J ? o OdWW? (1) o Q0Q0 N Ua? Z L°r> ??aw)a N VO?WM? o ? N W U X W 0 - w ? Q o Q) N 0 )Vfo IRDNEGK RD S d Oy?B Q ? o ? O ? > 7 = oGE PNA Q. Q. o O a a ? Na :m ?N J IU ?? ? _ J = (? U Q Pop J ? 0 N . r 0 C a O cn 1 2 3 4 5 6 7 s 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AN ORDINANCE DECLARING THE PROPERTY LOCATED AT 253/257 ROSELYNN LANE (GPIN 2417-05-2612) TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL THE PROPERTY TO BETTY S. ROUSE. WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 6,246 sq. ft. parcel of land located at 253/257 Roselynn Lane (the "Property") more particularly described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the City acquired the Property pursuant to the APZ-1 Acquisition Program; WHEREAS, the City funded the acquisition of the Property through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty percent (50%) of the funds; WHEREAS, the Property is in the midst of other residences and at the time of acquisition was improved with a developed duplex that is slated for demolition; WHEREAS, Betty S. Rouse (the "Buyer") owns the adjacent property and has requested to purchase the Property in order to utilize it in a manner compatible with the APZ-1 Ordinance; WHEREAS, the Buyer desires to purchase the Property in accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; WHEREAS, the APZ-1 Disposition Committee has recommended that City Council declare the Property to be in excess of the City's needs and sell the Property to the Buyer; and WHEREAS, the City Council is of the opinion that the property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Property located at 253/257 Roselynn Lane is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute any documents necessary to convey the Property to Betty S. Rouse in accordance with the Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Further, that revenue from the sale of the Property in the amount of $6,246 shall be received and fifty (50) percent of this amount shall be appropriated to CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 50 percent shall be deposited for future payment by the City Manager to refund the sl Commonwealth's portion in accordance with the grant agreement. A manual 52 encumbrance will be established to ensure that the $3,123 retained by the City will be 53 available for BRAC program acquisitions in future years per the agreement with the 54 Commonwealth. 55 56 This ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 day of 12014. CA12973 R-1 8/18/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d008\p024\00147192.doc APPROVED AS TO CONTENT Public Works ? APPROVED AS TO CONTENT ? - Management Services APPROVED AS TO LEGAL SUFFICIENCY ' Cit A ney's Office ?F EXHIBIT "A" GPIN 2417-05-2612 (253/257 Roselvnn Lane) All that certain lot, piece or parcel of land with the buildings and improvements thereon, located in Oceana Gardens in the City of Virginia Beach, Virginia, and known numbered and designated as Lot Thirty (30) of the Plat of Hillcrest duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 8, and being a subdivision of parts of Plots Sixteen (16) and Eighteen (18) of the original Plat of Oceana Gardens; the said Lot Thirty faces fifty (50) feet on the West side of Virginia Avenue (now Roselynn Lane) and back between parallel lines one hundred twenty-five (125) feet. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above- described property. IT BEING the same property conveyed to the City of Virginia Beach by deed from Russell Willoughby dated April 28, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20140512000413690. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 253/257 ROSELYNN LANE Seller: City of Virginia Beach Buyer: Betty S. Rouse Property: 253/257 Roselynn Lane (GPIN: 2417-05-2612) consisting of 6,246 square feet of land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $6,246 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with her adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property at its expense to vacate interior lot lines. • Seller shall demolish existing improvements on the Property. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Seller will reserve any fee in the streets and any easements necessary for public purposes. • Closing shall occur on or before September 2, 2015. 1'hl ?1bN1 CITY OF VIRGINIA BEACH IN, AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of the City Right-of-Way Known as Marlin Bay Drive, for The Chesapeake Bay Foundation, Inc., a Maryland corporation. MEETING DATE: September 2, 2014 ¦ Background: The Chesapeake Bay Foundation, Inc., a Maryland corporation, has requested permission to encroach into an unimproved portion of the City's right-of-way known as Marlin Bay Drive, located adjacent to GPIN 1489-47- 5533. The purpose of this encroachment is to allow four (4) pedestrian path lights, with related electrical conduit, and a pedestrian path to be installed in a portion of Marlin Bay Drive in connection with the construction of the Brock Environmental Center. ¦ Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. The proposed pedestrian path will be constructed to meet ADA guidelines. ¦ Public Information: Advertisement of City Council Agenda. ¦ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ¦ Recommendations: Approve the encroachment subject to the terms and conditions of the Agreement. ¦ Attachments: Ordinance, Agreement, Plat and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 04v?(? ?<? ? City Manager: ? Ull't r 11 z ? ,,, \oo Ra Q 3 ? ? ?.•? ` M M ti d? ?S??% ? ?\ /' //^!?p ? , 7 ? IU o y ? ¢ m z _1 ry ? Q ?a a a U ? UM M LO? WNN 0u- o a ? a a Q o ? LLJ W p z zZ?z?o? ? Ow cAQp a o C ? C ~ FLL a U O N U?p OQJZ W ?-- o 0 J?QU WW ? Z? J I- Q a a Q -? o W U W ? W o? =a WV aW U J W 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE CITY RIGHT-OF-WAY 6 KNOWN AS MARLIN BAY DRIVE, LOCATED 7 ADJACENT TO GPIN 1489-47-5533, FOR 8 THE CHESAPEAKE BAY FOUNDATION, 9 INC., A MARYLAND CORPORATION lo 11 WHEREAS, The Chesapeake Bay Foundation, Inc., a Maryland corporation, 12 desires to place four (4) pedestrian lights, with related electrical conduit, and a 13 pedestrian path into an unimproved portion of the City right-of-way known as Marlin Bay 14 Drive, located adjacent to GPIN 1489-47-5533. 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon City Zs rights-of-way subject to such terms and conditions as Council may prescribe: 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, The Chesapeake Bay 25 Foundation, Inc., a Maryland corporation, its assigns and successors in title are 26 authorized to construct and maintain a temporary encroachment for four (4) pedestrian 27 path lights, with related electrical conduit, and a pedestrian path into an unimproved 28 portion of the City right-of-way known as Marlin Bay Drive, located adjacent to GPIN 29 1489-47-5533, as shown on the exhibit entitled: "EXHIBIT A PEDESTRIAN PATH 3 o LIGHTING AND PEDESTRIAN PATH ENCROACHMENT EXHIBIT FOR 31 CHESAPEAKE BAY FOUNDATION - BROCK ENVIRONMENTAL CENTER", a copy of 32 which is attached hereto as Exhibit A and is on file in the Department of Public Works, 33 to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and The Chesapeake Bay Foundation, Inc., a Maryland 3 $ corporation, (the "Agreement"); and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as The Chesapeake Bay Foundation, Inc. and the City Manager or his authorized 45 designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of , 2014. APPROVED AS TO CONTENT: PU LIC R S/ REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM: A ?? ? ? CITY ATTO EY CA12971 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P024\00147227.doc R-1 August 20, 2014 50 O 50 100 150 Fee .L'1'H OF?'r GRAPHIC SCALE 1 ? ? ,1'?'c1 _ 1" -50' 3 WALTER L.IWEEKS ? - ? Lic. No. 031552 713111014 ? SS??NAL ._ . , . - L/P #? ?? ? ? 4 i/ DI 15' ? ""E SMH s• Rim=6.00 Inv=0.06( °:19m- Al ? ` ? u _ ? `?'::? • s ' "??, ? ? PEDESTR/AN PATH - _ . :?????? ??:.:. ,,. ? ? / LIGHTING (QTY=4) 9- iMH CL r.` Rim=6.16 70 nv=0.60(N) iv=0.66(W) -0 D y 233.97' :<•. N/F ? CITY OF VIRGINIA BEACH (INST. #20120711000766590) PARCEL 2 , F? RESUBDIVISION OF PLEASURE HOUSE POINT / (INST. #20120710000764410) N I (I ?_ GPIN; 1489-4 533? ` ? w _ nruer ,??Es ?'?' ACCESS DR/VE EASEMENT ?, / ? I I '? ? • INST# 20120711000766560 oc? I / o ° ? Land Surveying Civi1 Enginexing . ziu?u? mW sIE a WOwi JN: 212-0089 EXHIBIT A PEDESTRIAN PATS LIGSTING AND PEDESTRIAN PATH ENCROACHMEN'T EXHIBIT FOR CHESAPEAI? BAY FOUNDATION - BROCK ENVIRONMENTAL CENTER REFERENCE PLAT RECORDED AT MAP HOOK 113, AT PAGE 18 IN THE CLERK'S OFFICE OF THE CIRCUTf COURT OF TFE CTfY OF VIRGINIA BEACH, VIIiGINIA VIRGINIA HEACH, VIRGINIA 1041 2MI SCALE: 1"= 50' DSC: G03-720 JULY 31, 2014 11 ? PEDESTRIAN PATH PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX# 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE CHESAPEAKE BAY FOUNDATION, INC., a Maryland corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 3"; as shown on that certain plat entitled: "RESUBDIVISION OF PLEASURE HOUSE POINT VIRGINIA BEACH, VIRGINIA", dated June 29, 2012, prepared by WPL, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Virginia lnstrument Number 20120710000764410, and being further designated, known, and described as GPIN 1489-57-3361; WHEREAS, it is proposed by the Grantee to construct and maintain four (4) pedestrian path lights, with associated electrical conduit, and a pedestrian path, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Marlin Bay Drive, the "Encroachment Area"; and GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) Adjacent to GPIN 1489-47-5553 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment more particularly described as follows, to-wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PEDESTRIAN PATH LIGHTING AND PEDESTRIAN PATH ENCROACHMENT EXHIBIT FOR CHESAPEAKE BAY FOUNDATION - BROCK ENVIRONMENTAL CENTER" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and the ADA Guidelines, and in accordance with the City's specifications and approval. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized is subject to the terms and conditions of that certain agreement entitled "AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE CHESAPEAKE BAY FOUNDATION, INC. FOR PEDESTRIAN PATH AND LIGHTING" 2 dated , on file with the City of Virginia Beach Parks & Recreation Department. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00/$250,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured Loss Payee. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 4 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said THE CHESAPEAKE BAY FOUNDATION, INC. has caused this Agreement to be executed in its corporate name and on its behalf by WILLIAM C. BAKER, its Chief Executive Officer and Acting President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia By: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: City Manager/Authorized Designee of the City Manager (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. NOTARY PUBLIC My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. My Commission Expires: My Registration Number: NOTARY PUBLIC (SEAL) 6 THE CHESAPEAKE BAY FOUNDATION, INC., a Maryland corporation STATE OF CITY / COUNTY OF gy; (SEAL) William C. Baker, Chief Executive Officer and Acting President to-wit: The foregoing instrument was acknowledged before me this day of 2014, by WILLIAM C. BAKER, as Chief Executive Officer and Acting President of THE CHESAPEAKE BAY FOUNDATION, INC., a Maryland corporation (SEAL) NOTARY PUBLIC My Commission Expires: My Registration Number: APPROVED AS TO CONTENT: C. 6?Azrti' u lic Works / Real Estate APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorney 7 50 O 50 100 150 Fee ? Lr GRAPHIC SCALE 1" -50' 7m,07 ?;WALTER L. 4EEKS ?- ? Lic. No. 031552 ? ?0 713112014 ? S??NAL IX 15' 1 ? ""E SMH s• Rim=6.00 E Inv=0.06(N ) Inv=ij'ji0 ? 000 0 W `c '9n II .000 ? 1 I ?I I a /?I I EXIiIBIT A PEUESTRIAN PATS LIGSTING AND PEDESTRIAN PATH ENCROACHMENT EXIIIBIT FOR lia CHESAPEAI? BAY FOUNDAT'ION - BROCK ENVIRONMENTAL CENTER I..andscape Mchitecture REF'ERENCE PLAT RECORDED AT MAP BOOK 113, AT PAGE 16 IN THE CLERK'S Land Survaying OFFICE OF THE CIftCUIT COURT OF THE CITY OF VIRGINIA BEACH, VII3GINIA Civ1 Engineering VIRGINIA BEACH, VIRGINIA wpIsita.com 757.431.1041 242 MSfNIC 1W?L SIE E NiGN? ff/? M 21452 JN: 212-0469 SCALE: 1"= 50' DSC: G03-720 _ JULY 31, 2014 ? /,3Q PEDESTRIA/V PATH ` ` / .:.:? .? (Jl ? • O , ;L p SMH 4 D . ? Rim=6.16 ?7 nv=0.60(N) ? ? ' \ D jv=0.66(W) D 233. 97' .?C1J,OO _ / bJ _ -? 00?s4 ¢.70 J ? PEDESTRIAN PA TH ? LIGHTING (QTY=4) ? ? N/F ? CITY OF VIRGINIA BEACH ' (INST. #20120711000766590) PARCEL 2 , RESUBDIVISION OF PLEASURE HOUSE POINT ?'"`?•"?7 (INST. #20120710000764410) N GPIN; 1489-?47`-5533/ ? ,?- ?` ACCESS DRII/E EASEMENT INST# 20120711000766560 oE)dw o l CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance Authorizing Temporary Encroachments into Portions of City Rights-of-Way known as Main Street and Town Center Drive by TCA Block 11 Office, L.L.C., TCA Block 11 Garage, L.L.C. and Town Center Condominium 11 Owners Association, Inc. MEETING DATE: September 2, 2014 ¦ Background: TCA Block 11 Office, L.L.C., TCA Block 11 Garage, L.L.C. and Town Center Condominium 11 Owners Association, Inc. (collectively, the "Owners"), own certain property located at the intersection of Main Street and Town Center Drive, known as Town Center Block 11A (GPIN: 1477-54-8537). As a part of the development of Phase V of Town Center, the Owners have constructed multiple canopies and architectural facing overhangs on the northwestern corner of the building, partially along the Main Street side of the building and partially along the Town Center Drive side of the building, and more particularly shown on Exhibits A, B& C attached to the Ordinance (the "Encroachments"). ¦ Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the encroachment agreement (the "Agreement") between the Owners and the City of Virginia Beach (the "City"). The Encroachments are consistent with those shown on the conceptual drawings presented as a part of the approval of this phase of Town Center and the other encroachments currently existing in Town Center. As with all encroachment agreements approved by the City, the Agreement would provide that the Owners must comply with all State and City specifications and approvals. Furthermore, the Owners would indemnify and hold the City harmless from and against all claims, damages, losses and expenses, arising out of the construction, location or existence of the Encroachments. ¦ Public Information: Advertisement of City Council Agenda ¦ Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. ¦ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ¦ Attachments: Ordinance Agreement Location Map Recommended Action: Approval Submitting DepartmentlAgency: Public Works/Real City Manager. Estate ? 1 ?` ? - f?r =_ ?. ? .T}. -?? ? ;, • ? ? z _ ? I ; ? , __? 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' ? •? ` _ . ... _.. .. __ _ _"".. ... . r----"°-- _'• 4 $ ? ¦ . < a y 5 L - _ _ _ ? ~ ? ?' - . . . . -._. ,.;_, ,_. ? ?_... .. • ? . M1?.,n _.W .' ? • ? ... a ?. , 1 ? ._e..__-. INf]-PEN6ENCEStVn 226-27 ; -- ? _ 24-198 ? 1 2 3 4 5 6 7 s 9 lo 11 12 13 14 15 16 17 ls 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE AUTHORIZING TEMPORARY ENCROACHMENTS INTO PORTIONS OF CITY RIGHTS-OF-WAY KNOWN MAIN STREET AND TOWN CENTER DRIVE BY TCA BLOCK 11 OFFICE, L.L.C., TCA BLOCK 11 GARAGE, L.L.C. AND TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. WHEREAS, TCA Block 11 Office, L.L.C., a Virginia limited liability company, TCA Block 11 Garage, L.L.C., a Virginia limited liability company and Town Center Condominium 11 Owners Association, Inc., a Virginia corporation (the "Owners") own property located at the intersection of Main Street and Town Center Drive, known as Town Center Block 11A (GPIN: 1477-54-8537); WHEREAS, the Owners have submitted an application for temporary encroachments into the City's rights-of-way known as Main Street and Town Center Drive, consisting of existing multiple canopies and architectural facing overhangs on the building (the "Encroachments"); WHEREAS, the Encroachments are located at the northwestern corner of the building, partially along the Main Street side of the building and partialty along the Town Center Drive side of the building, as shown on Exhibits A, B& C attached hereto; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That pursuant to the authority and to the extent thereof contained in §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are authorized to construct and maintain the Encroachments into City right-of-way, as shown on Exhibits A, B& C, attached hereto and made a part hereof. 2. That the Encroachments are expressly subject to those terms, conditions and criteria contained in that certain encroachment agreement between the City of Virginia Beach and the Owners (the "AgreemenY'). 3. That the City Manager or his authorized designee is hereby authorized to execute the Agreement, and such other terms, conditions and modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City. 4. That this Ordinance shall not be in effect until such time as the Owners and the City Manager or his authorized designee execute the Agreement. 4 7 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of , 2014. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ??mE4 0. o 1J,s 'blic Works / Real Estate APPROVED AS TO CONTENT Economic Development CA12959 \\vbgov.com\DFS1 \,4pplications\CityLawProd\cycom32\W pdocs\D031 \P010\00145375.doc R-1 City Attorney August 18, 2014 Vhb\proj\VaBeach\33604.Q0 AH Block 11 Lot\cad\sr\planset\33604canopy-enc.dwg MWN STREET 86' PUBLIC R/W INST. #200212303086483 INST. #200212313087765 5.70'- 8.05' 6.19 8.05" ? ' ? 5,52 ENC ? c0 n MM ? ? ? I UNN I I ? =:) °° w a.. O ? U ?Ah ? 00 I ? Z Z I 5.51' ENC. ' (SEE CANOPY j DETAIL) ? 5.05" ENC. En?.7' 67" -87.78" 'CANOPY ACE OF BUILDiNG 15-STORY CONC/GLASS BUILDING RfGNT OF WAY MAIN STREET RIGHT OF WAY TOWN CENTER DRfVE FACE OF BUILDING 7.75' TOWN CENTER BLOCK 11 A GPIN 1477-54--8537-0000 ovERHEan vIEw 20 0 20 SCALE IN FEET N 5.02" ENC. (SEE CANOPY QETAIL) < ? c? Nz ? D N D O ? z M ? I D zm m O ?o O W O ? o G'? Z S Fl n --? rn ? ?0 ?jTH oF L) DAVID W. ANDREA y Lic. No. 2215 `?? SURVE? 1 of 3 Vanasse °°te le Han en Exhi.bit A Sca?e aa?3o?14 g Showing Canopy Encroachment 4ver Brustlin, Inc. ?„ _ - Zo, ?Yansportation, Land DevelopmenE Town Center Drive & Main Street Right-Of Way y}{BCod File Name ana EnvlronmeIIral swvices Town Center Block 11A 33604canopy-enc 7?vo Columbns Center, 4500 Msin Stteet s??aao,vu??aa?h,v??az3a6z GPIN 1477-54-8537-0?0 Project Num6er Phone 757/490-0132 • Fax 757/490-0136 33604.00 I I II I i Vhb\proj\VaBeach\33804.00 AH Block 11 Lot\cad\sr\planset\33604canopy-enc.dwg w ¢ 3: u- (n O Z F" I Qr I 0 ? CANOPY ; 5.02 ENC:=--? 7.75 >- ? 0 z Q U LL- O N 2 G? W d O M SIDEWAL.K. . d . . ,. . - < _ . . • a : , . :a-. ? ? s? ? , - a - e • _. . .. . 'a • ' MAIN STREET CANOPY DETAIL NOT TO SCALE 0 z 0 J ? m Li. O w U Q Li w > o¢ -? ±-? L` O U 2 ? C.? OO?I c? z 0 J ? m L.L. O w v Q LL. Sheet 2 of 3 Vanmse Date ? Exhibit A 04/30n4 Hangen Showing Canopy Encroachment Over S°°'e Brustlin, Inc. As Noted rtaaoa, LandDevalopment Town Center Drive & Main Street Right-4f-Way yF{BCad File Nome ana Enviromnenral smices Town Center Block 11A 33604can.opy-enc TWO C019R1b118 CCAtEf, 4590Main Sireet Praject Number suite 4oo, v?? Dowh, vu&& 23462 GPIN 1477-54-8537-0000 Phone 757/490-0132 • Fea 757/440-0135 33604.00 0 0 7.75' ? d O z Q U LL- 0 F- Z ? LU S O O ? ? " n JIQGYYALK. '4 :a. : 4. . . o - n . .. . . . . : a . . Towiv cENTER nRIVE CANOPY DETAIL NOT TO SC.ALE Vhb\proj\VaBeach\33604,00 AH Block 11 Lot\cad\sr\planset\33604canopy-enc.dwg N MAIN STREET ? 86' PUBLIC R/W ? o D INST. #200212303086483 INST. #200292313087765 ' 5.80 EN C. ' o m z 4.10 ENC. (SEE CANOPY RIGHT OF WAY MAIN STREET _ i' D DETAIL) -- `---- ' 13 17' z z rn . ' „ 5.80 ENC. i CANOPY ? o 75 0?- FACE OF BUILDfNG 0 c?^? Z . ym r? j ? ? Q:: 15-STORY q ? ? ? ? CONC/GLASS BUILDING ? ? ? z ?0 00 ?4 ??" " TOWN CENTER BLOCK 11A ? ?-? ? N ? GPIN 1477-54-8537-0000 ' o ? 4.10` ENC.? ° CANOPY w a°o Q 1 ? ' z co co 12.14 a ZZ o I ? ? O ? °_ m LL- o . z LLI i 0 V ? CiR11EAJ VIi:W ~ O Y L? O . SCALE: l. "=1U' ? C!) w 0 n ' ? OC) N CANOPY DETAIL NOT TO SCALE SIDEWALK. . . 4 ? d . . a ? . ' - . , ' ? , q - • Sheet 3 of 3 Dat e VQjZQSSP Exhibit A OV29/14 ? Hangen Showing Canopy Encroachment Over Sc°'e Br'uStrllZ, jnC. x??c;an, Land Development Town Center Drive & Main Street Right-Of and Bnv;romenW savim Town Center Block I IA TWO Columbvs Center, 4500Msin Street suite aoo, vuginia Beach, vugWa 23462 GPTN 1477-54-8537-0000 Phone 757/490-0132 • Fax 757/490-0136 -Wa y V{gC 336 Proje As Noted ad FHe Name 04canopy-enC ct Number 33604.0{} Vhb\proj\VaBeach\33604.Q0 AH Biock 31 Lot\cad\sr\plonset\33604roof-enc.dwg 8.15" . F 3.28" ENC. M-4IN STREET es' Pusuc R/w INST. #200212303086463 3.26" ENC. lNS7. #240212313087765 (SEE CANOPY rDETAIL) 8.08` ENC. ? ? r 0,83' ENC. W ? n LO co W aMN?7 C M VNN ^r m N cV w = 112-°o°a ? ? ?? Z Z 0 Q I r O z cq ? n ? O ? 0.85' ENC. ? (SEE CANOPY ? DETAEL) ? FACE OF BUILDlNG ----- 5.98' RIGHT OF WAY MAIN STREET 15-STQRY CONC/GLASS BUILDING RfGHT OF WAY TOWN CENTER DRfVE ACE OF BUILDING 3.09' N ? ? c? cn z oD D O ? z rrI ,d i ? z m o?o 0 C,+ O ?o W z ? D S ? D ? ? ??'p3ffH OF Il.r ? DAVID W. ANDREA y Lic. No. 2215 TOWN CENTER BLOCK 11 A GPIN 1477-54-8537-0000 ovERHEAn vIIEW za o 20 SCALE 1N FEET ? e- ?? SUR?E? 1 of 2 Date Vanasse Exhibit B 45/02J14 ? Hangen Brustltin Inc. Showing Roof Canopy Encroachment Over S°°'e I„ = 20, ? ' Town Center Drive & Main Street Ri ht-Of Wa Transpartatian, Land Development g Y VH8Cad File Name and Bnvironmentat Services TOWri CGritCT BIOCk 11A 33604mof-enc TWO Columbus Center, 4500 Mein Sh+eet ProJect Number suice aoo, vkginia sowb, vk&k 23462 GPTN 1477-54-8537-0000 Phone 757/490-0132 • Paa 7571490-0236 33604.0(} Vhb\proj\VaBeach\33804.00 AH Block 11 Lot \cad\sr\p lanset\33604roof- en c. dwg ?r w ¢ ? ?o c? U? ? 3.2fi' EN? r 0- 0 z Q C.? ? O ? Z ? w _ 0 0 CV N N 1 ? ? 98" • .. . 4e. : S(DEWAL.K. . . ' a• a : : a. - :a , ? a r • a ' ? ? e ' , . .. . 'a . . MAIN STREET CANOPY DETAIL NOT TO SCALE ? z 0 J ? m LL- 0 w U Q L.? ? w >- o < ? w? o U ~? z? ? 0 U? M ' 'ROOF. CANOPY L ; 0.85 ENC.-1 1 3.09'- ? ? 0 ? Q U li O H- S CD W x a 0 cV N C14 .- d- . a<. : SEDEWALK. .. -a- - . ' . . e. .e .: $. . .- .. o : . a . • ? e . .. . .. . : a . . TOWN CENTER DRNE CANOPY DETAIL NOT TO SCALE c? z 0 ? ? m LL 0 w U Q L? Sheet 2 of 2 Vanasse Exhibit B Date 05l02/14 Hangen O Showing Roof Canopy E croachment Ver Scale Brustlin, Inc. As Noted Town Center Drive & Main Street Right-Of-Way yHBCad File Nnme Transportation, LandDevelopment and Environmemai Scrvices Town Centex Block 11A 33604roof-enc TVo CoIumbUS ('xIIbCi, 4500 Main Street suite aoo, virginia Beacb, vuginia 23462 GPIN 1477-54-8537-0000 Project Number Phone 757/49D-0132 • Rax 7571490-0136 33604.00 I I II I i Vhb\proj`\VaBeach\33604.00 AH Block 11 Lo#\cad\sr\plonset\33604wa11-enc.dwg MAIN STREET 86' PtJBLIC R/W INST. #200212343086483 INST. #200212313087765 W ? ? ?LO co n ?MO1 ? M N '"y = C2 Q O N ? Go cn cn zz ? ? no ? ? 0.81' ENC. ? (SEE DETAIL) 1.35` 67.38' L 0.33' EN C. (SEE DETAIL) .35" -- -- RIGNT OF WAY 1-1.350.00" MAIN STREET FACE OF BUILDING ARCHITECTURAL FACING 15-STORY N CONC/GLASS BUILDING ? ? N ? Q D RIGNT OF WAY 5? ? TOWN GENTER DRIVE o ? z M -? TOWN CENTER BLOCK 11A Z m GPIN 1477-54-8537-0000 0 0 co 0 wo to o wz .-. D T- m D -1.35'x3.00' . ? ? v c?n ARCHlTECTURAL FACING ? tj,TH OF ll.t. OVERHEAD VIEW ? DAVID W. ANDREa y Lic. No. 2215 20 0 20 ? SURV???? SCALE 1N FEET Sheet 1 of 2 Date Vanasse Exhibit C 04130/14 Hangen us in Inc. Showing Architectural Facing Encroachment Over S`°'e 1„ = 20, ? Br Transpoztation, LandDevelopment Town Center Drive & Main Sfreet Right-Of-Way yF{gCad File Name and Environmental Services Town Center Block 11A 33604wall-enc TwoColumbusCeuter, 4500MsinSfreet Project Number suite 400, vugida 8each, Virginea 23462 GPIN 1477-54-8537-0000 Phone 757/490-0132 • Fax 957/490-0136 33604.00 I I II I I Vhb\proj\VaBeach\33664.00 AH 8(ock 11 Lot\cad\sr\planset\33604canopy-enc.dwg ? z oa o.. LL- o-J ¢ ? o? O U u7 ? rn = r C) ? Q i ? c? w cn o . ¢ ? 'U ? V a. 'I '1 . .35' O Z U ? Q O ?+- ? J O 'Q m ? O ? 0 U ai N fif . a- .. . e<. : S(DEWALK : ` ' . - • , d . . MAIN STREET DETAII, c? z a ? m U- C) LLl V Q L? '_ . • e ? 31UL fALK. Qe C-D z 0 ? m LL. 0 LJ.i U ? TOWN CENTER DRNE DET.AIL NOT TO SCALE NOT TQ SCALE Sheet 2 of 2 oatB Vanasse Exhibit C 04130/14 ; Hangen Showing Architectural Facing Encroachment Over Scaie Brustlin, Inc. as Nored TYansportation, Land Devclopment Town Center Drive & Main Street Right-of way VHeCad F;,e Name and Environmental Setvices Town Center Block 11A 33604wall-enc T?vo CoIumbus Center, 4500 Main 5t[eet Project Number suite aoo, vugWa aewh, vuginia 23462 GPIN 1477-54-8537-0000 33?.00 Phona 757/440-0132 • Fax 757/490-0136 r lNineEq'+? f??? ?h`!T 1 Y «q7 . .. Ir- C _ ') 1 ev X ?? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Four-For-Life Funds and to Transfer Funds to Consolidate Balances in Various Fiscal Years' State Four-For- Life Grants MEETING DATE: September 2, 2014 ¦ Background: The General Assembly established the Four-For-Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to provide funding for EMS programs. Pursuant to the Code of Virginia §46.2-694, the Four-For-Life program collects an additional $4.00 on each state automobile license purchase each year. Twenty-five percent (25%) of the collected revenues are returned to the municipality for enhanced training and equipment. These funds are received from Virginia Department of Health's Office of Emergency Medical Services. State Four-for-Life revenue are budgeted and appropriated in the Grants Consolidated Fund annually. At fiscal year's end, small balances may remain in the Grants Consolidated Fund. Since the state permits unspent balances to be carried forward into the new fiscal year, EMS is requesting a transfer totaling $257.14 from various prior fiscal years' State Four-For-Life grant funds (as detailed below) which will consolidate funds into EMS' FY 2012-13 Four-For-Life grant funds. Fund transfer request is as follows: State Four-For-Life Grant Balance FY 2008-09 $182.13 FY 2009-10 5.13 FY 2010-11 38.31 FY 2011-12 31.57 Total to Transfer to FY 2012-13 Four-For-Life Grant $257.14 Additionally, the State may remit additional Four-For-Life funds in excess of what the Department of Emergency Medical Services (EMS) budgeted, which require acceptance and appropriation by City Council. In February 2009, the State remitted an additional $835 related to EMT class reimbursement to the City. EMS recommends using this State revenue to purchase additional medical supplies (end-tidal carbon dioxide detector oxygen delivery supplies at an approximate cost of $256) to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. ¦ Considerations: These funds are strictly governed by Code to purchase additional or enhanced equipment or training needs and may not be use to off set current services. There are no City funds required. This funding will enable EMS to purchase additional medical supplies to enhance rescue/medical capabilities. ¦ Public Information: Public information will be coordinated through the normal Council agenda process. ¦ Recommendations: Adopt the attached ordinance to accept, appropriate, and transfer funds ¦ Attachment: Ordinance Recommended Action: Approval of Ordinance ?._._.? ?r. Submitting DepartmentlAgency: Department of Emergency Medical Services -ltj?f(? City Manager: 'o.?? ' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FOUR-FOR-LIFE FUNDS AND TO TRANSFER FUNDS TO 3 CONSOLIDATE BALANCES IN VARIOUS FISCAL YEARS' 4 STATE FOUR-FOR-LIFE GRANTS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That $835 is hereby accepted from the Virginia Department of Health's Office 8 of Emergency Medical Services and appropriated, with revenues increased accordingly, to 9 the Department of Emergency Medical Services FY 2012-13 State Four-For-Life Grant to 10 enhance rescue/medical capabilities; and 11 12 2. That $257 is hereby transferred from FY 2008-09, FY 2009-10, FY 2010-11, 13 and FY 2011-12 State Four-For-Life Grant to consolidate remaining balances in the 14 FY2012-13 State Four-For-Life Grant to facilitate closure of the older grants in the City's 15 financial system and to provide funding for additional medical supplies to enhance 16 rescue/medical capabilities of the Department of Emergency Medical Services. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia on the day 19 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: Qv? Budget and Management Se ices City Attorney's Office CA13083 R-2 August 22, 2014 ?1NIABp„9 4 ? ?4.rv.'•`N.. CITY OF VIRGINIi4 BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fire Department Gift Fund MEETING DATE: September 2, 2014 ¦ Background: The City has a Fire Gift Fund to provide a method for individuals to donate money to the Fire Department. The money is then deposited into the fund and tracked by the Department to ensure it is expended for the purpose for which it was donated. In October 2012, $200 was donated to Station 11 by Cecil E. Garber to use as deemed appropriate by the Fire Department. ¦ Considerations: The Fire Department requests appropriation of these funds to allow it to buy a grill for Station 11. ¦ Public Information: Public information will be coordinated through the normal Council agenda process. ¦ Recommendations: Appropriate $200 from the Gift Fund balance into the Fire Department's FY 2014-15 Budget for the purchase of a grill for Station 11. ¦ Attachment:Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: ? • Uk 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 FIRE DEPARTMENT GIFT FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $200 is hereby appropriated, with estimated donation revenue increased 7 accordingly, to the FY 2014-15 Fire Department Operating Budget for the purpose of 8 purchasing a grill for Station 11. 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: ! lG ' o 41 Budget and Management ervices 7"--- ;eo7 City Attorney's Office CA13082 R-1 August 18, 2014 ? `4?Na Bfq?hl ?F? •``?^?*n"+q,., . ?i77 L Y«?,?, ?"-nl ?, • ? CITY OF VIRGINIA BEACH AGENDA ITEM . lTEM: An Qrdinance to Transfer Funding Within the FY 2014-15 Water and Sewer Capital Improvement Program MEETING DATE: September 2, 2014 ¦ Background: Funding was appropriated in the FY 2014-15 Water and Sewer Capital Improvement Program (CIP) to address water and sanitary sewer upgrades in coordination with project 2-045 -"Pacific Avenue Improvements" in the Roadways section of the CIP. However, the planning and design of this project was ongoing while the Water and Sewer CIP was being prepared and bids were received after the FY 2014-15 CIP was adopted. The recent bids for the Pacific Avenue project indicate that funding for the water utility upgrades is insufficient. The utility adjustments must be made within the current fiscal year or the roadway project will be significantly delayed. ¦ Considerations: Additional funding totaling $1,155,151 is needed for project 5-037 -"Pacific Avenue Water Improvements" based upon the bids received by the City. Funding is available to transfer from the related sewer project and three other Capital Improvement Program (CIP) projects to complete the work as outlined in the table below: 6-037 - f'acific Avenue Sewer Improvements $341,716 6-106 - Various Roadways/Storm Water Coordination V $360,000 6-953 - Sewer Tap Installation Program II $328,189 5-953 - Water Tap Installation Program II $125,246 ¦ Public Information: Public information will be handled through the normal Council agenda process. ¦ Aiternatives: Without transferring funds within the program outside of the CIP process, the water utility work related to the Pacific Avenue project cannot be completed, and the road project would be delayed. Another funding alternative is to transfer funds from the Water and Sewer Fund Net Assets. ¦ Recommendations: Adopt the attached ordinance to transfer funds to the Pacific Avenue Project. ¦ Attachment:Ordinance Recommended Action: Approval of Ordinance ?+ Submitting DepartmentlAgency: Department of Public Utilities City Manager: Qt_-&-s V ? ? Jqz0::,8 " 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FY 2 2014-15 WATER AND SEWER CAPITAL IMPROVEMENT 3 PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $1,155,151 is hereby transferred within Department of Public Utilities FY 2014- 9 15 Water and Sewer Capital Improvement Program with the following sources and 10 destination: 11 12 Sources: $341,716 from 6-037 -"Pacific Avenue Sewer Improvements;" $360,000 13 from 6-106 -"Various Roadways/Storm Water Coordination V;" $328,189 from 6-953 - 14 "Sewer Tap Installation Program II;" and $125,246 from 5-953 -"Water Tap Installation 15 Program II;" 16 17 Destination: 5-037 "Pacific Avenue Water Improvements" to assist in utility work 18 necessary to coordinate with road project 2-045 -"Pacific Avenue Improvements". 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: .?,? G?!,,,? ? 1 ? ` ? , Management Services ? ? City Attorney's Office CA13085 R-1 August 21, 2014 ?. „•y ;.<.? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: A Resolution Moving the November 4, 2014 Regular Meeting of the City Council to November 25, 2014 and Cancelling the Informal Session for November 11, 2014 MEETING DATE: September 2, 2014 ¦ Background: The City Charter provides that City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. Regular meetings are held on the first and third Tuesdays of each month at 6 p.m. in the City Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia. State law allows a governing body to move the day of its regular meeting upon passage of a resolution providing the future meeting day. A copy of such resolution is to be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the City at least seven days prior to the rescheduled meeting. ¦ Considerations: November 4, 2014 is the first Tuesday of November. This date is also the date of the 2014 general and special election. The City does not want any citizen to have to choose between exercising the right to vote and attending the City Council meeting. The resolution reschedules the November 4th meeting for Tuesday, November 25rn In addition, Tuesday, November 11th would be the date for an informal meeting of the City Council. This date is also Veterans Day. Accordingly, the resolution provides formal notice that the informal meeting for November 11th is cancelled in observance of this holiday, which commemorates the service of our military men and women. ¦ Public Information: Public information will be provided through the normal Council agenda process. After adoption, the resolution will be posted on the door of the Council Chambers, and a public notice will be provided in the Beacon. ¦ Attachment: Resolution. Requested by City Council REQUESTED BY CITY COUNCIL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A RESOLUTION MOVING THE NOVEMBER 4, 2014 REGULAR MEETING OF THE CITY COUNCIL TO NOVEMBER 25, 2014 AND CANCELLING THE INFORMAL SESSION FOR NOVEMBER 11, 2014 WHEREAS, the City Code provides the regular formal meetings of City Council shall be held in the Council Chambers of the City Hall Building on the first and third Tuesdays of each month at 6:00 p.m.; and WHEREAS, state law provides that a regular meeting of the City Council may be scheduled for a day other than the usual day upon adoption of a resolution; and WHEREAS, November 4th is the 2014 general election; and WHEREAS, November 11th is Veterans Day; and WHEREAS, the City Council does not want any citizen to have to choose between exercising the right to vote and attending the City Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, THAT: 1. The regular City Council meeting scheduled for November 4, 2014 is hereby rescheduled for November 25, 2014. 2. The time and location for the City Council Formal Session shall remain at 6 p.m. and City Council Chambers. 3. The agenda setting the time and schedule of the Informal Session for the November 25, 2014, meeting shall be provided in the same manner as this information is normally provided. 4. The City Clerk shall post a copy of this resolution on the door of the City Council Chambers from the date of adoption until 6pm on November 25, 2014, and provide a notice at least seven days prior to November 25, 2014, in a newspaper of general circulation in the City. 5. The informal meeting that would normally be scheduled for November 11, 2014, is hereby cancelled in observance of Veterans Day. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2014. APPROV AS TO LEGAL SUFFIGENCY: 1 ,,C- i t y rn 's ffice CA13084 R-4 August 26, 2014 ?;?ia?eEqcy. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Moving the November 4, 2014 Regular Meeting of the City Council to November 25, 2014 and Cancelling the Informal Session for November 11, 2014 MEETING DATE: Seqtember 2, 2014 _ ¦ Background: The City Charter provides that City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. Regular meetings are held on the first and third Tuesdays of each month at 6 p.m. in the City Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia. State law allows a governing body to move the day of its regular meeting upon passage of a resolution providing the future meeting day. A copy of such resolution is to be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the City at least seven days prior to the rescheduled meeting. ¦ Considerations: November 4, 2014 is the first Tuesday of November. This date is also the date of the 2014 general and special election. The City does not want any citizen to have to choose between exercising the right to vote and attending the City Council meeting. The resolution reschedules the November 4th meeting for Tuesday, November 25tn In addition, Tuesday, November 11th would be the date for an informal meeting of the City Council. This date is also Veterans Day. Accordingly, the resolution provides formal notice that the informal meeting for November 11t" is cancelled in observance of this holiday, which commemorates the service of our military men and women. ¦ Public Information: Public information will be provided through the normal Council agenda process. After adoption, the resolution will be posted on the door of the Council Chambers, and a public notice will be provided in the Beacon. ¦ Attachment: Resolution. Requested by City Council REQUESTED BY CITY COUNCIL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A RESOLUTION MOVING THE NOVEMBER 4, 2014 REGULAR MEETING OF THE CITY COUNCIL TO NOVEMBER 25, 2014 AND CANCELLING THE INFORMAL SESSION FOR NOVEMBER 11, 2014 WHEREAS, the City Code provides the regular formal meetings of City Council shall be held in the Council Chambers of the City Hall Building on the first and third Tuesdays of each month at 6:00 p.m.; and WHEREAS, state law provides that a regular meeting of the City Council may be scheduled for a day other than the usual day upon adoption of a resolution; and WHEREAS, November 4th is the 2014 general election; and WHEREAS, November 11th is Veterans Day; and WHEREAS, the City Council does not want any citizen to have to choose between exercising the right to vote and attending the City Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, THAT: 1. The regular City Council meeting scheduled for November 4, 2014 is hereby rescheduled for November 25, 2014. 2. The time and location for the City Council Formal Session shall remain at 6 p.m. and City Council Chambers. 3. The agenda setting the time and schedule of the Informal Session for the November 25, 2014, meeting shall be provided in the same manner as this information is normally provided. 4. The City Clerk shall post a copy of this resolution on the door of the City Council Chambers from the date of adoption until 6pm on November 25, 2014, and provide a notice at least seven days prior to November 25, 2014, in a newspaper of general circulation in the City. 5. The informal meeting that would normally be scheduled for November 11, 2014, is hereby cancelled in observance of Veterans Day. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: ? ,?; f,_ City ttorne?'sbffice CA13084 R-4 August 26, 2014 K. PLANNING **ADVERTISED FOR SEPTEMBER 2, 2014, IN ERROR Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Use Permit - BAYSIDE - DISTRICT 4 EXPEDITED AND ADOPTED AUGUST 19, 2014 - NO ACTION NECESSARY** 1. Application of VIRGINIA WESLEYAN COLLEGE for a Street Closure of a portion of Burma Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 2. Application of THE SUNDIN DENTAL CENTER, LLC for Modification of PROFFERS re space available of a Conditional Change of Zoning (approved January 23, 2001) re retail/office uses at 1385 Laskin Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 3. Application of DIANA BUHRMANN and HOOPER MANAGEMENT CO. for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 3245 Florence Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 4. Application of ANTOINETTE HENDERSON and BRIAN and KIM MOSES for a Conditional Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 1812 Brownstone Court DISTRICT 1 - CENTERVILLE. RECOMMENDATION: APPROVAL 5. Application of SOUTHERN PERFORMANCE and BROTHERS TOO, LLC for a Conditional Use Permit re vehicle repair at 5156 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. Application of CAMERON JUSTIN MUNDEN and GRANTED WISH, LLC for a Conditional Use Permit re a bulk storage yard at 853 South Birdneck Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 7. Ordinance to AMEND Section 211 of the City Zoning Ordinance (CZO) re signage for schools (Deferred August 19, 2014) RECOMMENDATION: APPROVAL 1.. , ?21 ?? 1f i :. ??- {,,? ? NOTICE OF PUBLIC HEARING The regular meeting of the Ciry Councii of the City of Virginia Beach will be held in the Council Chamber of the City Hall Buildinp„ Municipal Center. Virginia Beach, Virginia, on Tuesday, September "L, 2014 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 4 - BAYSIDE Virginia Wesleyan College Application: tr ..t lo re of an unimproved right-of-way known as Burma Road (adjacent GPIN 1458959662). Southern Performance / Brothers Too, LLC Apptication: ('onditional l)se ? P ermit (motor vehicle repair) at 5156 Virginia Beach Boulevard (GPIN 1467861619). Tidewater Medical Training / Northampton Executive Center, LLC Application: Conditional Use Permit (Vocational School) at 1300 Diamond Springs Road (GPiN 1469116333). DISTRICT 6 - BEACH The Sundin Dental Center, LLC Application: Modification of Conditions of a Conditional Change of Zoning (approved 12/13/2000).1385 Laskin Road (GPW 2417290029). Diana Buhrmann / Hooper Management Co. Application: Conditionai Use Permit (Family [Child] Daycare Home) with a maximum of 12 children at 3245 Florence Street (GPIN 1496093603). CBmeron Justin Munden /Granted Wish, LLC Application: ('onditional Use Permit (bulk storage yard) at 853 South 8irdneck Road (GPIN 2416641885). DISTRICT 1- CENTERVILLE - Antoinette Henderson / Brian & Kim Moses Application: Conditional Lsg Permit (Famity [Child] Daycare Home with a maximum of 12 chiidren) at 1812 Brownstone Court (GPIN 1485115870). All interested citizens are invited to attend. Ruth Hodges Fraser. MMC City Clerk Copies ofthe proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or oniine at t _.-.,;. For _..__._...?... _..___. information call 385-4621. It you are physicaliy disabled or visually impaired and need assistance at this meeting, please call the CI7Y CLERK'S OFFICE at 3854303. Beacon Aug. 17 & 24, 2014 24300084 ? °4 h?L 4????Jf CITY OF VIRGINIA BEACH AGENDAITEM , 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: September 2, 2014 ¦ Background and Considerations: This item was inadvertently advertised for this City Council meeting. The item was originally scheduled for this meeting, but it was subsequently allowed to be `expedited,' and was thus advertised for the August 19 City Council meeting. The Planning Department staff, however, failed to notify the City Clerk of the change in dates in sufficient time for the item to be removed from the September 2 legal advertisement. ¦ Recommendations: As the City Council has already approved this Conditional Use Permit at the August 19 meeting, no action is necessary. Recommended Action: No action necessary Submitting Department/Agency: Planning Department ?? City Mana ?- , ? r$?r' ,,.?;,•.? CITY OF VIRGINIA BEACH ? AGENDA ITEM ITEM: Ordinance Approving Application of Virginia Wesleyan College for the Closure of a 15,036 +/- Sq. Ft. Portion of Burma Road. MEETING DATE: September 2, 2014 ¦ Background: The applicant is requesting the closure of a public right-of-way known in the past as Burma Road. During the recent evaluation of a request by Ebenezer Baptist Church to close Norwich Avenue, which is located to the east of the Burma Road right-of-way, the subject right-of-way was identified as a candidate for closure. The abandonment of this right-of-way allows the area to be added to the adjacent property, which is owned by the applicant. The applicant, therefore, submitted an application requesting closure of the subject right-of-way. ¦ Considerations: In the past, this now unimproved right-of-way was used for travel. Currently, however, the right-of-way is now a vegetated area between the northern edge of the Wesleyan Drive right-of-way and a recently closed section of Norwich Avenue. During the meeting of the Viewers to discuss the request of Ebenezer Baptist Church to close a portion of Norwich Avenue (approved on May 27, 2014), the Viewers also determined that there would be no public inconvenience as a result of the closure and abandonment of the Burma Road right-of-way. 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: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. VIRGINIA WESLEYAN COLLEGE Page 2 of 2 submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Ordinance Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: V . " ? ? ? p ? ? . h r ??A? Er? W ? ? 4 ro 0 OC ? ? ? ? ? a Q I ? V ? ? ? CO) ? ? w 0 0 ? ? o? d ? ? ?a ? o? ? ? ? ? Q ? ? ? 0 ? ? .? ? .? ? s ttem #1$ Virginia Wesleyan Gollege Discontinuance, ciosure and abandQnrnent of an unimprpved Right-of-way knpwn as Burma Road Dlstr(ct 4 Bayside July 9, 2014 CQNSENT An applicatian of Virginia Wesleyan College for a discantinuance, closure and abandonment of Burma Road, District 4, Bayside. GPIN: 14589596620000. CONPITIONS 1. The City Attorney's Office will rnake the final determination regarding ownership of the underlying fee, The purchase price ta be paid fio the City shell be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuanfi to Street Closures," appraved by City Cauncil. Copies oF the policy are avaitable in the Planning Qepartment. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prfor ta final street closure approval. 3. TMe applicant shall verify that no private utilities exist within the right-ofi-way praposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-af-way proposed for closure. If private utilities do exist, easements satisfactory to the utllity company, must be provided. 4. Glosure of the right-of-way shall be contin$ent upon Gompl(ance with fihe abave stated Gonditions within 365 days of appraval by City Council. !f the canditians noted above are not accamplished and the flnal plat is not appraved within one year of ths City Cauncil vote to ctose the right-of-way this approval shall be cansidered null and void. A motian was made by Cammissioner Hadgsan and seconded by Commissioner Horsley to approve item 1$. AYE 11 NAY 0 ABS Q ABSENT 0 BROCKWELL AYE HOpGSC}N AYE H4RSl.EY AYE INMAN AYE Item #18 Virginia Wesleyan College Page 2 OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THC)RNTON AYE WEINER AYE By a vote af 11-0, the Gommissian approved item 18 for consent. 15ACONTACT INFORMATION Applicant's Name: 1?ir??1,t1t,4 StreetAddress;_ City/State/Zip: i?`tr? ls?`•vi?? VfJ Telephone: Fax: E-mail: g 1'.4t.4t`r/1?11il ?'- v l.f c h i4_ Applicant's Representative: '?aLc? Street Address: /1? ZWof??/,? L )ie& Z/ = CitytState/Zip: 1/4- 2:3 y"5 Telephone: -,??,'7 Fax: _7s"7 YG% ?44414 E-mail: ?='?u?'?-1?.?.??`? ?fG?1L:-.:-• L-- ba..- DESCRIPTION OF PROPERTY Street Name & Location af Proposed Closure: 41611L111 &01y,.?t?-` r?e,,i6 bt3 ? . 3 , jd' &, Land Area (in acres or square feet): , 3Ys' tc46 t_ AICUZ Zone: ?e.s3 ;WAAt &.!' b,;;i_ City Council Election District: ?&?/S1btF DESGRIPTlON (?F ADJACENT PROPERTiES List *GPIN Number, Owner Name, Address, and Existing Zoning of all Adjacent Properties befow: (continue an nexf page or attach pages if necessary) AVtri'Gir1.'lr}- L;HStFujt:-oL.EcG-r )ii, %-31 /jC3 /r 1?3 3 ,f.? ?1)? ir r0l_ ?. x BiihAk-i.?IA Ag 6- ? C DECLARATION OF FINANCiAL RESPONSIBILITY FOR ADVERTISING GOSTS: I understand tha# the cost of newspaper advertising for public hearing notification purposes is my responsibility and agree to pay alf notices of payment due and bills ass d with adve costs for this a lication. Party responsible for advertising costs:?Applicant ?RepresentativeOwner (Bil1 will be meiled to party respansible for adverfising cost) Street Cfosure Apptication Page 7 of 10 Revised 11/112013 ? ?4 Foomi- ?e4 (40? 04 IMM4 2 wwii I??J ? ? a ? ? ? ?? APPLICATION ? ? Please explain the reason for the street closure and provide any additional infarmation that may be useful in the review af this applicatian (attach additional pages if necessary). fZr'?' /?' ? -'i WG+'.+1 T447- i5 si1€JT t)u? TO V??; a- U [14IS s ,4- )"'IEK?f"UcL,. 7106 C'oLCEL ,?- t= b4 i0i1 EE?' /' t? AM` Street Closure Application Page 8 of 90 Revised 1111f2013 D?ISCLOSURE STATEMENT APPLICANT DISCLOSURE ff the applicant is a corporation, partnership, firm, bUSln@55, or other unincorporated organization; compiete #he fallawing: 1. List the applicant name followed by the names of all ofFicers, members, trustees, partners, etc. belaw: (Attach lrst if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach Gst if necessary) .,J 1A- ? Check here if the applicant is NOT a corporation, partnership, firm, business, ar other unincarparated organization. See next page far footnotes Street Closure Application Page 9 nf 10 Revised 1 i/1/2013 ? ? ? ? ? C40"') O ? COW) ? ? ?? ? op A111111% ? ? ? DISCLOSURE STATEMENT ADDtTIC1NAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the vating power af another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship: that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a contro!ling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that shauld 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 ar commingied funds or assets, the business entities share the use af the same offices or empioyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code F 22-3101. CERTIFICATION: 1 certify #hat #he infarmation contained herein is true and accurate. I understand that, upon receipt of nofification (postcard) that the application has been scheduled for public hearing, ( am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according ta the instructions in this package. The undersigned afsa consents to entry upon the subject property by emplayees of the Department of Planning to photograp"nd view the site for purposes of processing and evaluating this application. Prin ame Property Owner's Signature (if dif#erent than applicant) Print Name Street Gosnre Application Page 10 of 10 Revised 11/1(2013 u ? L (J ` I ? r 4 C ?EcAn?PN ?G. M g' ? > N O? 3 z? ¢ 0 0 _? ° ¢a S 4 o ? a N ? u4 J o ? a > o: ? a ? r 4 s < O ,? = O ,', ?D J w ? 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LL u !i u c K .y1' LL' 1 ORDINANCE APPROVING APPLICATION OF 2 VIRGINIA WESLEYAN COLLEGE FOR THE 3 CLOSURE OF A 15,036 +/- SQ. FT. PORTION 4 OF BURMA ROAD 5 6 WHEREAS, Virginia Wesleyan College (the "Applicant") applied to the 7 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of- 8 way discontinued, closed, and vacated; 9 10 WHEREAS, a portion of the right-of-way (the "Right-of-Way") described 11 below, has remained unimproved and is no longer needed by the City for right-of-way or 12 other purposes; 13 14 WHEREAS, the Right-of-Way is located adjacent to the property known as 15 5900 Wesleyan Drive (GPIN 1458-95-9662) (the "College Property") owned by the 16 Applicant; 17 18 WHEREAS, the Applicant desires to combine the Right-of-Way with the 19 College Property in order to allow for additional parking for its students and faculty 20 and/or potential development; 21 22 WHEREAS, the Applicant has maintained the Right-of-Way for numerous 23 years; and 24 25 WHEREAS, it is the judgment of the Council that the Right-of-Way be 26 discontinued, closed, and vacated, subject to certain conditions having been met on or 27 before one (1) year from City Council's adoption of this Ordinance, and conveyed to 28 Virginia Wesleyan College in accordance with the conditions set forth below. 29 30 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 31 Virginia Beach, Virginia: 32 33 SECTION I 34 35 That the hereinafter described unimproved right-of-way be discontinued, 36 closed and vacated, subject to certain conditions being met on or before one (1) year 37 from City Council's adoption of this Ordinance: 38 39 All that certain piece or parcel of land situate, lying and being 40 in the City of Virginia Beach, Virginia, designated and 41 described as "FORMER RIGHT-OF-WAY OF BURMA 42 ROAD OWNERSHIP UNKNOWN AREA = 15,036.39 S.F. / 43 0.345 AC. (D.B. 1547 PGS. 467-468) (M.B. 113 PG. 22)" as 44 shown on that certain exhibit entitled "BOUNDARY SURVEY 45 NO GPIN (RIGHT-OF-WAY) ADJACENT TO GPIN: 1458-95-9662 46 OF LOTS 19, 26, 27, 28, 29, L& J SITES AND A PORTION 47 OF THE "VIRGINIA WESLEYAN COLLEGE SITE" 48 STANDING IN THE NAME OF VIRGINIA WESLEYAN 49 COLLEGE LOCATED IN THE BAYSIDE DISTRICT CITY 50 OF VIRGINIA BEACH, VIRGINIA," Scale: 1"=100', dated 51 June 27, 2003, prepared by LandTech Resources, Inc., a 52 copy of which is attached hereto as Exhibit A. 53 54 SECTION II 55 56 The following conditions must be met on or before one (1) year from City 57 Council's adoption of this Ordinance: 58 59 1. The City Attorney's Office will make the final determination 60 regarding ownership of the underlying fee. The purchase price to be paid to the City is 61 normally determined according to the "Policy Regarding Purchase of City's Interest in 62 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 63 are available in the Planning Department. 64 65 2. The Applicant shall resubdivide the property and vacate internal lot 66 lines to incorporate the closed area into the adjoining parcel. The plat must be 67 submitted and approved for recordation prior to final street closure approval. 68 69 3. The Applicant shall verify that no private utilities exist within the 70 right-of-way proposed for closure. Preliminary comments from the utility companies 71 indicate that there are no private utilities within the right-of-way proposed for closure. If 72 private utilities do exist, easements satisfactory to the utility company must be provided. 73 74 4. Closure of the right-of-way shall be contingent upon compliance 75 with the above stated conditions within 365 days of approval by City Council. If the 76 conditions noted above are not accomplished and the final plat is not approved within 77 one year of the City Council vote to close the right-of-way this approval shall be 78 considered null and void. 79 80 SECTION III 81 82 1. If the preceding conditions are not fulfilled on or before September 3, 83 2015, this Ordinance will be deemed null and void without further action by the City 84 Council. 85 86 2. If all conditions are met on or before September 3, 2015, the date of 87 final closure is the date the street closure ordinance is recorded by the City Attorney. 88 89 3. The City Manager or his designee is authorized to execute whatever 90 documents are necessary to convey the City's interest in the underlying fee to Virginia 2 91 Wesleyan College in accordance with the conditions in Section II, provided said 92 documents are approved by the City Attorney's Office. 93 94 SECTION IV 95 96 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 97 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 98 OF VIRGINIA BEACH as "Grantor" and VIRGINIA WESLEYAN COLLEGE, as 99 "Grantee." 100 101 Adopted by the Council of the City of Virginia Beach, Virginia, on this 102 day of 12014. 103 APPROVED AS TO LEGAL SUFFICIENCY: ??-44?7? 0"-0-.._1 City Atto(gey t ? \ CA12958 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d014\p019\00142347.doc R-1 8/11/14 APP Plann ENT: THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL 3 ? 0 B E m ?I EXHIBIT A ? p b D ? N I n ? R 8 0 CCStitt000 mmmm?p m?o ;U ?uSM, v?`flNM1e? (JI y ??I I ? t,n ?-+J n , ? '2 W I {(1 ? I ? ? u N? o m '?hp p<pTS Rf?s ? z ? z ? ARr?,J*,sU?6jy? rM ?°T ? °'a!??°h" bF 56 O m u? 9'i v m ?, i.w 'c? ? a Z N 5? ? r A 6? ? n? *?r N , ? z ? v f'17 ?l c y ? Y }X. rT'? Sn m m m ( ?n ,l ?+l ? ? ?i ? o 4S c N D ? I C a? ? i I ? ?' a ? . ? v • ?J O ? ? WN [ y y h 7C N ? b ? cy ? tC ' ?r • •`1? r cy, ?` ? ;• ` 15 , O ? tl 1 ??? cNn ?w C d r \y n ? m u . u N - ? (? V1 U N N? UI vl ? v v Gi g? r? wi in f r s ti ? D ? p9 .gv? U ^11 r4 i 7 CITY OF VIRGINIA BEACH AGENDAITEM ITEM: SUNDIN DENTAL CENTER, LLC (Applicant / Owner), Modification of ProfFers of a Conditional Change of Zoning (approved 1/23/2001). 1385 Laskin Road (GPIN 2417290029). COUNCIL DISTRICT - BEACH. MEETING DATE: September 2, 2014 ¦ Background: The City Council approved a Change of Zoning for the subject site from 0-2 Office District to Conditional B-2 Community Business District on January 23, 2001. The purpose of that zoning change was to permit use of 900 square feet of the 4,850 square foot office building as a wholesale antique furniture and decorative arts business. The dental office continued operation in the remainder of the building. ¦ Considerations: The dental operation now occupies the entire first floor of the building leaving a vacant, leasable area on the second floor, adjacent to the wholesale antique business. The applicant desires to lease this area to an office user that, if not for the proffer limiting the use of the building, would be allowed as a matter of right in the B-2 Business District. Additionally, the applicant also wants the opportunity to use the area of the building currently being used by the antique business for other uses permitted in the B-2 Business District. This part of the request will not be triggered until the antique business closes or ceases to operate. The proposed changes to the 2001 proffers will allow the applicant to use the building as described. 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 proffers submitted by the applicant: PROFFER 1: Approximately 900 square feet of the 4,854 total square feet of the building situate upon the Property will be used to operate a wholesale business now known as "Thee and Me Antiques", formerly known as "Dealers Choice Antiques", which will sell antique furniture and decorative arts to other dealers and decorators. The said antique business will be open by appointment only. SUNDIN DENTAL CENTER Page 2 of 3 In the event that the said antique business closes or relocates to another property, then and in that event, the space formerly used by the antique business shall be used for any purpose listed as a permitted use under the B- 2 zoning classification. PROFFER 2: The remainder of the space located on the second floor of the building situate upon the Property may be used to operate one of the following permitted uses, it being the intention of the Grantor to lease the remaining space to a third party tenant: (i) Building mounted antennas meeting the requirements of Section 207 of the CZO; (ii) Business studios, offices and clinics; (iii) Child care and child care education centers; (iv) Communication towers meeting the requirements of Section 2320) of the CZO; (v) Drugstores, beauty shops and barbershops and other similar personal service establishments; (vi) Eating and drinking establishments with drive-through windows; (vii) Eating and drinking establishments without drive-through windows; (viii) Banks; (ix) Florists, gift shops and stationery stores; (xi) Funeral homes; (xii) Furniture repair and upholstering, repair services for radio and television and household appliances and other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; (xiii) Greenhouses and plant nurseries; (xix) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; (xv) Grocery stores, carry-out food stores and convenience stores whether or not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xvi) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xvii) Laboratires and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; (xviii) Laundry and cleaning agencies; (xix) Liquor stores, package only; (xx) Medical and dental offices and clinics; (xxi) Medical laboratories; (xxii) Museums and art galleries; (xxiii) Newspaper printing and publishing, job and commercial printing; (xxix) Off-site parking facilities, subject to the provisions of subsection (c)X of the CZO; (xxv) Outdoor cafes; (xxvi) Outdoor plazas; (xxvii) Personal service establishments, other than those listed separately; (xxviii) Public buildings and grounds; (xxix) Public utilities installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings; (xxx) Public utility offices; (xxxi) Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 square feet; (xxxii) Religious uses with a maximum floor area of 4,000 square feet; (xxxiii) Repair and sales for radio and television and other household appliances and small business machines; (xxxiv) Retail SUNDIN DENTAL CENTER Page 3 of 3 establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single or multiple family dwelling, church, park or school; (xxxv) Specialty shops; (xxxvi) Wholesaling and distribution operations, provided that such operations do not involve the use of more than finro thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or any vehicle rated at more than one and one-half (1.5) tons, or a total of more than five (5) delivery vehicles; (xxxvii) Wind energy conversion systems, freestanding, except as further provided in the CZO; and (xxxviii) Wind energy conversion systems, roof-mounted, except as further provided in the CZO. PROFFER 3: No chemicals will be stored outside on the Property as the Property is located within the Resource Protection Area. PROFFER 4: This Amended and Restated Proffer Agreement replaces the Proffer Agreement previously recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4354, at page 277. PROFFER 5: Further lawful conditions or restrictions against the Property may be required by Grantee during the review of the Modification of Conditions Application and during review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc : Planning Department City Manager: Y ? ? • ? . a ? ? ? ? ? CC? .?..? ? A ? .? ? ? ? ? a? ? ENO co( ` W ClQ 1' N ` ?w . 0 ? -??--- ? 1:.?. O ? ? ? ? ? ? ?- ? ? N? -a _ D , ????----?--? 1, 1 V ? 1 114 ly- g == t?? ' ? ?i ? I 0) C O ti ? a 0 ? ? 0 ? a ? ? U a ? C O E a ? ? ? 4 0 ? ? 3 C ?C BEACH Nfap IC-6 TZtn Cnnrlin I1Pnt•1I r'nntnr I i!" wp wb?.Ay :uv vs?aak?aa ai ? 1 ??.ll{?.l' L??.J?t.• WQ ? 00 ? ? . . , ?0-7$ d? Lr?t .-., . _ , . K2o _ ??...'.*•..... ' 02... ' ..........., _ .? .: 3 ..• >75 dB L ,a10 a12 L ? ` A,$ A18,? •., ? ., •?°"'• "• ?°^°"'°°•?• ?••? ?•••?•,??^^ Awwrrc,uon w corwruon: D2 July 9, 2014 Public Hearing APPLICANT & PROPERTY OWNER: THE SUNDIN DENTAL CENTER, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Chanqe of ZoninQ approved by the City Council on January 23, 2001. ADDRESS / DESCRIPTION: 1365 Laskin Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24172900290000 BEACH 20,500 square feet Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backaround The Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District was approved by the City Council on January 23, 2001. This request permitted the conversion of a portion of an existing 4,850 square foot office building for use as a wholesale antique furniture and decorative arts business. The Conditional Rezoning has one proffer, listed below, that limits 900 square feet of the building for use solely by a wholesale antique sales operation and limits the remainder of the building for use solely as a dentist office. 2001 Proffer Agreement: 1. Approximately 900 square feet of the 4,854 total square feet of the building on the Property will be used to operate a wholesale business known as "Dealers' Choice Antiques" ("new business") which will sell antique furniture and decorative items to other dealers and decorators. The new business will be open by appointment only. The remaining office space shall continue to be used as dental offices. Details The existing dental operation now occupies the entire first floor of the building leaving a vacant, leasable area on the second floor, adjacent to the wholesale antique business. The applicant would like to lease THE SUNDIN DENTAL CENTER, LLC Agenda Item D2 Page 1 this area to an office user that, if not for the limiting proffer, would be allowed as a matter of right in the B-2 Business District. In addition, in the event that the antique operation vacates the building, the applicant would like to remove the existing limitation on 900 square feet of the building and now allow more uses within the building permitted in the B-2 Business District. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Dental office and wholesale antique business SURROUNDING LAND North: . Laskin Road USE AND ZONING: . Single family dwellings / R-20 Residential District South: . Preschool / 0-2 Office District East: . Offices / 0-2 Office District West: . Offices / 0-2 Office District NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed. The CULTURAL FEATURES: rear of the property is within the 100-year floodplain and the southern property line is within Lake Fremac. The site is predominately impervious as there is an existing building and parking lot on the approximately 20,000 square foot lot. COMPREHENSIVE PLAN: The Hilltop SGA Master Plan was adopted by reference in the Comprehensive Plan on August 28, 2012. The Ptan's vision is to transform this area into "a convenient, regional retail destination within close proximity to the beach." Specifically for this location, the Plan calls for non-residential mixed use: "a mixture of retail, office, and other non-residential uses." IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road is a four-lane major urban arterial. The VDOT Laskin Road Phase I, which is currently unfunded for construction, will widen Laskin Road to six lanes and remove the feeder road in front of this site. The site will have a direct access point to Laskin Road after completion of this project. TRAFFIC: Present Street Name Present Capacity Generated Traffic Volume Laskin Road 32,300 ADT 27,300 ADT (Level of Existing Land Use - Service "D") - 31,700 131 ADT ADT' (Level of Service Proposed Land Use 3- "E" 148 ADT Average Daily Trips 2 as defined b dental office and furniture store THE SUNDIN DENTAL CENTER, LLC Agenda Item D2 Page 2 as defined by a dental office, furniture store and office WATER & SEWER: This site is already connected to both City water and sewer. There is no anticipated impact expected with this request. EVALUATION AND RECOMMENDATION As desired by the applicant in 2001, the existing proffer agreement limits 900 square feet of the existing building for use solely by a wholesale antique sales operation and restricts the remainder of the building for use solely as a dentist office. As the applicant wishes to offer a portion of the building to another tenant, specifically a pest control business, a modification to the existing proffers is required. If not for the existing limiting proffer agreement, this office use could operate on this site as a matter of right. This request does not represent a significant departure from the existing office uses on this site and is consistent with the Hilltop Strategic Growth Area Plan recommendation for non-residential mixed use: "a mixture of retail, office, and other non-residential uses." Staff recommends approval of this request with the submitted proffers. The proffers are provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Approximately 900 square feet of the 4,854 total square feet of the building situate upon the Property will be used to operate a wholesale business now known as "Thee and Me Antiques", formerly known as "Dealers Choice Antiques", which will sell antique furniture and decorative arts to other dealers and decorators. The said antique business will be open by appointment only. In the event that the said antique business closes or relocates to another property, then and in that event, the space formerly used by the antique business shall be used for any purpose listed as a permitted use under the B-2 zoning classification. PROFFER 2: The remainder of the space located on the second floor of the building situate upon the Property may be used to operate one of the following permitted uses, it being the intention of the Grantor to lease the remaining space to a third party tenant: (i) Building mounted antennas meeting the requirements of Section 207 of the CZO; (ii) Business studios, offices and clinics; (iii) Child care and child care education centers; (iv) Communication towers meeting the requirements of Section 232(j) of the CZO; (v) Drugstores, beauty shops and barbershops and other similar personal service establishments; (vi) Eating and drinking establishments with drive-through windows; (vii) Eating and drinking establishments without drive-through THE SUNDIN DENTAL CENTER, LLC Agenda Item D2 Page 3 windows; (viii) Banks; (ix) Florists, gift shops and stationery stores; (xi) Funeral homes; (xii) Furniture repair and upholstering, repair services for radio and television and household appliances and other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; (xiii) Greenhouses and plant nurseries; (xix) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; (xv) Grocery stores, carry-out food stores and convenience stores whether or not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xvi) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xvii) Laboratires and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; (xviii) Laundry and cleaning agencies; (xix) Liquor stores, package only; (xx) Medical and dental offices and clinics; (xxi) Medical laboratories; (xxii) Museums and art galleries; (xxiii) Newspaper printing and publishing, job and commercial printing; (xxix) Off-site parking facilities, subject to the provisions of subsection (c)X of the CZO; (xxv) Outdoor cafes; (xxvi) Outdoor plazas; (xxvii) Personal service establishments, other than those listed separately; (xxviii) Public buildings and grounds; (xxix) Public utilities installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings; (xxx) Public utility offices; (xxxi) Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 square feet; (xxxii) Religious uses with a maximum floor area of 4,000 square feet; (xxxiii) Repair and sales for radio and television and other household appliances and small business machines; (xxxiv) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single or multiple family dwelling, church, park or school; (xxxv) Specialty shops; (xxxvi) Wholesaling and distribution operations, provided that such operations do not involve the use of more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or any vehicle rated at more than one and one-half (1.5) tons, or a total of more than five (5) delivery vehicles; (xxxvii) Wind energy conversion systems, freestanding, except as further provided in the CZO; and (xxxviii) Wind energy conversion systems, roof- mounted, except as further provided in the CZO. PROFFER 3: No chemicals will be stored outside on the Property as the Property is located within the Resource Protection Area. PROFFER 4: This Amended and Restated Proffer Agreement replaces the Proffer Agreement previously recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4354, at page 277. PROFFER 5: Further lawful conditions or restrictions against the Property may be required by Grantee during the review of the Modification of Conditions Application and during review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals. STAFF COMMENTS: The revised proffers are acceptable as the uses permitted have been expanded while maintaining the character of the building and surrounding area, thereby reducing the need for additional modifications to THE SUNDIN DENTAL .CEN`TER,'LLC Agenda Item; D2 ' Page 4 the agreement in the future The City Attorney's Office has reviewed the proffer agreement dated June 4, 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 p/an submitted with this application may require revision during detailed site plan review to meet all applicab/e City Codes and Standards. All applicab/e permits required by fhe City Code, including those administered by the Department of P/anning / Deve%pment Services Center and Department of P/anning / Permits and lnspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Offi'ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmenta/ Design (CPTED) concepts and strategies as they perfain to this site. THE SUNDIN DENTAL CENT-ER, LLC Agenda Item' D2 Page 5 I'il ` ,L??•?%/ - ? Y../. .w?',?:'.v'y ? . . . _.":??' . .. 5'? ~ ? .. ' ? ?y. i?+ • ? ?... ?3 ? ? ' ' F ??. ? 1 ? . .j. ? - ? " , ?J K• h?rZT ? . . :_" :?, ?""y -? ? •1-: v `? ,i, 1 ?l-!•? r, r AERIAL OF SITE LOCATION ? , ,. i ? THE SUNDIN DENTAL CENTER, LLC Agenda Item D2 y Page 6 ? ojj . zo ? <? ? Z I '"` y ?? W w I ?? ?w M2 ZZ W? aNg ? N Wa ?r J ! f..._ ??$,k j? ?w aW6 FY ? W U?J??o a m ? W.?._Zv ?<O v_??.?+ 3eo `? W?'? ? a?? p R >> W W?? ??i as 6 a ? ?? Z L. c-'m ?W?.m Wi p? W W S.. < <4Q N=?S fl V. < G _ - _ Vl? =W WtZ?J. Q'? V s')s N VUI IZ? ?fA? ?"vf-?W <N< Y-gF n Z I ?27 y. ?xo~? ;ZV Z`oO W = Q .o= i?V p._3W >La a??N A? Cm? aw ?n ?i3< N? V ? ? Vi OZ QQ V1 > ax ? ? ? ? . Ed Z 5 W ? N 4 ! ? ? m ? ? 4 W a ? N Nf yJ 0 gm FREEMAC DR1VE Q 4 O ? 4 Q. e O 4 tiy ? QN 4 A e 4 V oN a ? Zr? ? ? U nry ? ? cv f N 1' ? 52.07' ? ? ? _ L_.. ? , .._ • ? ? 3 ?? o a , ' ; 4 -? 7 . ?lf }O ? Q -. 14" • ? a ? J 4 +- + ? ?" ? ?: A R - Z ? c ?.•' n 4 66' r : _tfi2?3!' . I I I S 13'S7'00' E 7n; ! ? n EXISTING SITE LAYOUT THE SUNDIN DENTAL CENTER, LLC Agenda Item D2 Page 7 m ? ? , . a ? ? i~:'" . . :N?j SITE PHOTOGRAPH THE SUNDIN DENTAL CENTER, LLC ? Agenda Item D2 ' Page 8 ' BEACH 11ag,K-6 MeD f to Scale The Sundin Dental Center, L.L.C l ? 40 " l ?sv' > 75_,?.?-L W; I ? . ,F ??^ ? ; , : N Cll ?,INKNOR . b1l A18 ? , . . M4RD CRi? r?-?, .4 , g with Condifions,Pro/fen, Opan Space Promotion ZONING HISTORY # DATE REQUEST ACTION 1 01/23/00 Rezonin 0-2 to Conditional B-2 Granted 2 02/10/98 Rezonin 0-2 to Conditional B-1A Granted THE SUNDIN DENTAL CENTER, LLC Agenda Item D2 Page 9 ? ?i APPI.ICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) T6e S+M i AJlan C. 10. 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Atfach lisf if necessary) nJ /A 1 ? 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 e corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the properiy owner name followed by the names of all officers, members, trustees, partners, etc. below: (Atfach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach lisf if necessary) IJ/A_ ? Check here if the properiy owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes it ? ? ? ? ? ? ? t 1 ! Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No R If yes, what is the name of the official or employee and the nature of their interest? f11,4 AArxiifiratinn nf ('nnrlitinna Annlirafinn DISCLOSURE STATEMENT THE SUNDIN DENTAL,dENTER;"L LC Agenda Iterri D2 Page 10 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) c ohr? ln/. A"ctiardson anol jl?avf'ma,i an ('anvl.es '"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 entiry has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notificat+on (postcard) that the apptication has been scheduled for public hearing, t am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the schedufed 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 p oses of processing and evaluating this application. ? 5v???di ? ? ? L. ? App canYs Sign ture (,v • ??r n t N?$„?, an / ?r! Property Owner's ' at re {if different than applicant) Print Name 1 C M ? ? C. F ? ? ? ? ? ? F ? c IC ? ? F ? C F IE ? ? ? ? F ? ? ` DISCLOSURE STATEMENT THE SUNDIN DENTAL CENTER, LLC Agenda Item D2 Page 11 Item #D2 The Sundin Dental Center Modification of Conditions 1385 Laskin Road District 6 Beach July 9, 2014 CONSENT An application of The Sundin Dental Center for a Modification of Conditional Change of Zoning approved by the City Council on January 23, 2001 on property located at 1365 Laskin Road, District 6, Beach. GPIN: 24172900290000. PROFFERS PROFFER 1: Approximately 900 square feet of the 4,854 total square feet of the building situate upon the Property will be used to operate a wholesale business now known as "Thee and Me Antiques" formerly known as "Dealers Choice Antiques", which will sell antique furniture and decorative arts to other dealers and decorators. The said antique business will be open by appointment only. In the event that the said antique business closes or relocates to another property, then and in that event, the space formerly used by the antique business shall be used for any purpose listed as a permitted use under the B-2 zoning classification. PROFFER 2: The remainder of the space located on the second floor of the building situate upon the Property may be used to operate one of the following permitted uses, it being the intention of the Grantor to lease the remaining space to a third party tenant: (i) Building mounted antennas meeting the requirements of Section 207 of the CZO; (ii) Business studios, offices and clinics; (iii) Child care and child care education centers; (iv) Communication towers meeting the requirements of Section 232(j) of the CZO; (v) Drugstores, beauty shops and barbershops and other similar personal service establishments; (vi) Eating and drinking establishments with drive-through windows; (vii) Eating and drinking establishments without drive-through windows; (viii) Banks; (ix) Florists, gift shops and stationery stores; (xi) Funeral homes; (xii) Furniture repair and upholstering, repair services for radio and television and household appliances and other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; (xiii) Greenhouses and plant nurseries; (xix) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; (xv) Grocery stores, carry-out food stores and convenience stores whether or not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xvi) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a Item #D2 The Sundin Dental Center Page 2 structure with a gross floor area of less than five thousand (5,000) square feet; (xvii) Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; (xviii) Laundry and cleaning agencies; (xix) Liquor stores, package only; (xx) Medicai and dental offices and clinics; (xxi) Medical laboratories; (xxii) Museums and art galleries; (xxiii) Newspaper printing and publishing, job and commercial printing; (xxix) Off-site parking facilities, subject to the provisions of subsection (c)X of the CZO; (xxv) Outdoor cafes; (xxvi) Outdoor plazas; (xxvii) Personal service establishments, other than those listed separately; (xxviii) Public buildings and grounds; (xxix) Public utilities installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings; (xxx) Public utility offices; (xxxi) Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 square feet; (xxxii) Religious uses with a maximum floor area of 4,000 square feet; (xxxiii) Repair and sales for radio and television and other household appliances and small business machines; (xxxiv) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single or multiple family dwelling, church, park or school; (xxxv) Specialty shops; (xxxvi) Wholesaling and distribution operations, provided that such operations do not involve the use of more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or any vehicle rated at more than one and one-half (1.5) tons, or a total of more than five (5) delivery vehicles; (xxxvii) Wind energy conversion systems, freestanding, except as further provided in the CZO; and (xxxviii) Wind energy conversion systems, roof-mounted, except as further provided in the CZO. PROFFER 3: No chemicals will be stored outside on the Property as the Property is located within the Resource Protection Area. PROFFER 4: This Amended and Restated Proffer Agreement replaces the Proffer Agreement previously recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4354, at page 277. PROFFER 5: Further lawful conditions or restrictions against the Property may be required by Grantee during the review of the Modification of Conditions Application and during review and Item #D2 The Sundin Dental Center Page 3 administration of appiicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item D2. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUS50 AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission recommended approval of item D2 by consent. The applicant Betty Sundin appeared before the Commission. BFA?'i ?.? ? U =? x * -- __ • - . , oy9R `? ???? F N ?S ? OUR NPS\? ? CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8997 T : Mark D. Stiles 4m: B. Kay Wilson DATE: August 20, 2014 DEPT: City Attorney DEPT: City Attorney RE: Modification of Conditional Change of Zoning; The Sundin Dental Center, LLC The above-referenced modification of conditional change of zoning application is scheduled to be heard by the City Council on September 2, 2014. I have reviewed the subject proffer agreement, dated July 9, 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/ks Enclosure cc: Kathleen Hassen AMENDED AND RESTATED PROFFER AGREEMENT THIS AMENDED AND RESTATED PROFFER AGREEMENT ("Agreement") made this 9th day of July, 2014, by and between THE SUNDIN DENTAL CENTER, L.L.C., a Virginia limited liability company (the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2425 Nimmo Parkway, Virginia Beach, VA 23456. RECITALS A. Grantor is the owner of a certain parcel of property located in the City of Virginia Beach, Virginia located at 1385 Laskin Road, Virginia Beach, Virginia 23451 and being more fully described on "Exhibit A" (the "Property") B. The existing proffers applicable to the Property are dated August 15, 2000 and were approved by City Council on December 13, 2000 and were recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4354 at page 277 (the "Existing Proffers") . C. Grantor has requested approval of this Amended and Restated Proffer Agreement in order to modify the existing proffers to allow for more uses on the Property. D. Grantee's policy is to provide for the orderly development of land for various purposes, including commercial purposes, through zoning and other land development legislation. Prepared by: John W. Richardson, Attorney at Law GPIN NO. 2417-29-0029-0000 Kaufman & Canoles, P.C. 2101 Parks Avenue Suite 700 Virginia Beach, VA 23451 E. Grantor desires to offer the City of Virginia Beach certain conditions for the enhancement of the community and to provide for the highest quality and orderly development of the Property. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance ("CZO") and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, for and in consideration of the approval and acceptance by the City of Virginia Beach (the "City") of this Amended and Restated Proffer Agreement, Grantor agrees that it will meet and comply with all of the following conditions, in developing the Property, superseding the Existing Proffers. In the event the requested amendment to the Existing Proffers is not granted by the City, these Amended and Restated Proffers shall thereupon become null and void. Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the foregoing declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its 2 heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: CONDITIONS 1. Approximately 900 square feet of the 4,854 total square feet of the building situate upon the Property will be used to operate a wholesale business now known as "Thee and Me Antiques", formerly known as "Dealers Choice Antiques", which will sell antique furniture and decorative arts to other dealers and decorators. The said antique business will be open by appointment only. In the event that the said antique business closes or relocates to another property, then and in that event, the space formerly used by the antique business shall be used for any purpose listed as a permitted use under the B-2 zoning classification. 2. Other than the existing medical/dental office that was in existence prior to the adoption of Section 1804 of the City of Virginia Beach Zoning Ordinance, the remainder of the space in the building shall be uses permitted in accordance with the City of Virginia Beach Zoning Ordinance and shall be further limited to: (i) Building mounted antennas meeting the requirements of Section 207 of the CZO; (ii) Business studios and offices; (iii) Communication towers meeting the requirements of Section 2320) of the CZO; (iv) Drugstores, beauty shops and barbershops and other similar personal service establishments; (v) Eating and drinking establishments with drive-through windows; (vi) Eating and drinking establishments without drive-through windows; (vii) Banks; (viii) Florists, gift shops and stationery stores; (ix) Funeral homes; (x) Furniture repair and upholstering, repair services for radio and television and household appliances and other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; (xi) Greenhouses and plant nurseries; (xii) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; (xiii) Grocery 3 stores, carry-out food stores and convenience stores whether or not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xiv) Grocery stores, carry- out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xv) Laboratires and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; (xvi) Laundry and cleaning agencies; (xvii) Liquor stores, package only; (xviii) Newspaper printing and publishing, job and commercial printing; (xix) Off-site parking facilities, subject to the provisions of subsection (c)X of the CZO; (xx) Outdoor cafes; (xxi) Outdoor plazas; (xxii) Personal service establishments, other than those listed separately; (xxiii) Public buildings and grounds; (xxiv) Public utilities installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings; (xxv) Public utility offices; (xxvi) Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 square feet; (xxvii) Repair and sales for radio and television and other household appliances and small business machines; (xxviii) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single or multiple family dwelling, church, park or 4 school; (xxix) Specialty shops; (xxx) Wholesaling and distribution operations, provided that such operations do not involve the use of more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or any vehicle rated at more than one and one-half (1.5) tons, or a total of more than five (5) delivery vehicles; (xxxi) Wind energy conversion systems, freestanding, except as further provided in the CZO; and (xxxii) Wind energy conversion systems, roof-mounted, except as further provided in the CZO. 3. No chemicals will be stored outside on the Property as the Property is located within the Resource Protection Area. 4. This Amended and Restated Proffer Agreement replaces the Proffer Agreement previously recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4354, at page 277. 5. Further lawful conditions or restrictions against the Property may be required by Grantee during the review of the Modification of Conditions Application and during review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals. 6. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 7. 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 5 and restrictions specified in this Agreement, 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; and (3) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 WITNESS the following signatures and seals: THE SUNDI I)ENTAL CENTER, L.L.C., a Virgi ' 1' ' ed lia company By. ? Allan C. Sundin, Member/Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, - FarQ -r 7A*r , the undersigned, a Notary Public in and for the City and State a f o r esaid, do hereb y certif y that Allan C. Sundin, as Member and Manager of The Sundin Dental Center, L.L.C., a Virginia limited liability company, has sworn to, subscribe d an d ac k now le dge d the same before me in the City and State aforesaid, this 9th day of July, 2014, on behalf of said ' ited,liability company. He is _ personally known to me, or X has produced ? for identification purposes. ? Notary #ullic My commission expires: Notary commission number: Cya y? TARA T. DECKER Notary Public Commonwealth of Virginia Registration # 192699 7 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot Two (2), as shown on that certain plat entitled "Fremac Lake Shores" made by Frank H. Gay, C.E., dated September 1956, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 42, at page 28. 13022940v3 !04 . i" CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: DIANA BUHRMANN (Applicant) / HOOPER MANAGEMENT CO. (Owner), Conditional Use Permit (Family [Child] Daycare Home). 3245 Florence Street (GPIN 1496093603). COUNCIL DISTRICT - BEACH. MEETING DATE: September 2, 2014 ¦ Background: The applicant requests approval of a Conditional Use Permit for a Home Family [Child] Daycare facility for a maximum of 12 children. The applicant currently operates a childcare from her home, has the requisite City business license, and is licensed by the Virginia Department of Social Services (DSS) for up to ten children. Should the City Council approve the applicant's request, the applicant will be required as a condition of approval to update her license with DSS for a maximum of 12 children. ¦ Considerations: The typical hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has been operating a daycare at this location for eight years, utilizing one full-time assistant, and has an emergency backup as needed. The applicant has a staggered schedule for parents and guardians to arrive and depart with the children, which occurs in the driveway on the property. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. DIANA BUHRMANN Page 2 of 2 4. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 5. The applicant shall be licensed with the Commonwealth of Virginia for this use for a maximum of twelve (12) children. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. ¦ 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. ?.,, Z??o? V Q W ? c 0 .? ? 0 ? ? a d ? ? ?a ? oa ? ? ? ? C O ? ? C O u w e .? N BEAGH 3 July 9, 2014 Public Hearing APPLICANT: DIANA BUHRMANN PROPERTY OWNER: HOOPER MANAGEMENT r?.,.xecoew..vww..o..sw.n?a? CUP for Momo famlly Oaycan CO ¦ I CHRISTOPHER HOOPER STAFF PLANNER: James McNamara & Carolyn A.K. Smith REQUEST: Conditional Use Permit (Home Occupation - Home Family Daycare) ADDRESS / DESCRIPTION: 3245 Florence Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14960936030000 BEACH 8,872 square feet 70-75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Backaround The applicant requests a Conditional Use Permit for a Home Family [Child] Daycare facility for a maximum of 12 children. There is an existing single-family dwelling on the subject site, which is located at the intersection of Dauphin Lane and Florence Street. According to the application, typical hours of operation for the daycare are proposed as 7:00 a.m. to 6:00 p.m., Monday through Friday. The applicant has been operating a daycare at this location for eight years, utilizing one full-time assistant and an emergency backup as needed. According to the application, pick-up and drop-off times are staggered, and the children are dropped-off and picked-up in driveway. She currently has a Virginia Beach Business License and is licensed by the Virginia Department of Social Services for up to ten children. As a condition of approval, the applicant will be required to update her license with Social Services for up to 12 children. DIANA BUHRMANN Agenda Item 3 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Florence Street USE AND ZONING: • Single-family dwellings / R-7.5 Residential District South: • Single-family dwellings / R-7.5 Residential District • Lark Street East: . Single-family dwellings / R-7.5 Residential District West: . Dauphin Lane • Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND This property is in the Chesapeake Bay Watershed. There are no CULTURAL FEATURES: known cultural or significant environmental features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. IMPACT ON CITY SERVICES WATER & SEWER: This site is already connected to both City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A Family [Child] Daycare Home is subject to licensure when 6 to 12 children, not including the provider's own children or any children who reside in the home, are provided care at any one time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted is based on DIANA BUHRMANN Agenda Item-3 Page 2 age and is determined by a point system developed by the Virginia Department of Social Services. The applicant is requesting a Conditional Use Permit for a family daycare home for up to 12 children. A Conditional Use Permit is required by the City Zoning Ordinance for any home providing care for more than five children except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives, exceeds seven. It is Staff's opinion that the fenced in backyard provides an ample outdoor play area for the children. Sufficient space is available on the street as well as in the driveway for picking-up and dropping-off children. A condition is recommended that pick-up and drop-off times be staggered, to limit any possible congestion. Staff concludes that the applicant's request will not adversely impact any surrounding properties, and is consistent with the recommendations of the Comprehensive Plan for the Suburban Area. Based on the above, Staff recommends approval of this request with the conditions listed below. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 5. The applicant shall be licensed with the Commonwealth of Virginia for this use and for up to twelve (12) children. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. 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 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 Permif 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. IA BUHRMANN ' Agenda Item 3 Page 3 AERIAL OF SITE LOCATION JIANN enda 1 ( 7 !. z ? J z :D ? LARK ST i D SITE LAYOUT 4BUHRMANN Agenda Item 3 Page 5 ZONING HISTORY No Zoning History to report. DIANA BUHRMANN Agenda Item 3 Page 6 AppL{CAN'T Di5CLOSURE (f the app?cant Is a corpora6on, ps?ership, ?irm, business, ar oiher waincorpa?ted organizoon, cahPlete the foAowing: 1. ?.ist the appr?a+?t name folowed bY the ngmes of att officers, rremt?ers, trustaes, partners, tta below: (Attach tisf lf itscesserY) v)I n na 2. List all buSinsssas thet have a parenk subsidiary1 or affitiated busmess entit? refaiiarship with the applicant (Aitach !!st lf necessa?Y) ? Che?ck here if the appiicant is NO'?a corporation, Aartnershfp, ftm1. business, or e ck other uninoorporated orpsr+izetion. PROPERTY OWNF-R DISCLOSURE Compjee Mis section anly !f propertY owner is diffwenf from aAAlic? }f the ProPedy owner ls a vot'pora#ian. Pertner5h113. firm, busitieas, er other unincorporAt+ed organiaafion. complete the foNowing: 1. List the proPertY Q`h'r'e? name f°n°wed by the namas of a{I otflcers, memhers, Wmbus, partners, etc, belaw: (Atfiach list if necessarY) 2. List aii busir?esm that have a parent-subsidlary ' ot affitiated business entity2 refaWnMp With the applicant (AttWh llst if neceSMy) ?? . ? Chedc here if the property owner is NOT a oorporatioll, Partrfership, firtr+? business, or c#er unincorporated org2nization. g sm rext pagetOrfootnotss poes an offiaal or . em ioy?e af the Clty of Vir?ginia Beach have an interest in the sub)ect land? Yes No IK [f yes, what is the name ofi the ofFicial ar emplayee end the natuce af lheir interes+? ? r ? L? ? ? ? !-r ? ? ? ? ? own -fm i¦ DISCLOSURE STATEMENT DIANA)BUHRMANN ?Agenda Item-3 Page 7 ON ? . . C ADGRIONAL DlSCLOSURES ? L.isk al known conhactorr, ¢r businesaes thaf have or will provide serolce5 with respect ? to the requested prap" use, ;nduding but nat (imited to ti1e providers af architectural services, real estate seMces, finencial serviccs, acoounting servioe3, and legal i services: (AttachPst if necessary) • ? ? ¦?1 ? ? Er M? I "Parerrt-subsidiary reiationship` means "a reWlorrft #hat exists when om '. ccuporatlon directy or indlrectly owns shares possessing mare than 50 percent of_the uoting pOwe?' t?f a?rlhet corpcrrativn,'° See Stafe and Lacal GovemmsnE Conflfcf of Ir?terem Act, Va. code § 22-3101. . ? ? ? ¦? 2oAffiGated business sntity relationsttlp" meanS "a teW1on9tYp, othePtriatl parent subsidisry nelstionahip, that exiats wher? il} vt?e busfness er?ity has a controthng ovvr?ershfp Intetest in the other busi?ess et?[ty. (1) a corrtcolling owner in one s?tity is algo a conb•olling Owner in ffie other entity, or (iii) there is'shared rnaneigement orcoMrol beiwftn the busmass' enMies. Factors #hat should be cansldered In determinfno the Wstence of an afflllated bustness endry relatlonshlp inclucle that the same person or subsbntially the seme person awn nr manage the two entities; ihere are cammon or commingled funds or asse#s; the bualness entkies share the use of the sams oftices ar empJoyees ar vthwMse share activitles, Fez-ources or pe(sonnel on a repular basis; or there is otherwisq acloee woricing rahaqanship betwoeen the entkias.' Spe Sfia#e and Loca! GovemMent Confl)ct of ln*eg% Aa#, va. Code § 2.2-390'I. I it ? ? ? ? i CERT1FICATiON: ! certify t?o the informatbA rAntatned harein la we entl acourste. I undersrend lhat, upon recW of noffflUdon (postcard) tlIat the apalk'atlvn hag been aehedufed for Aubfte hearing, I an rmponslble for abtslning and PDSoxJ the requUsd slgn on the aub*t P?nA" at INsi 30 days prfor to the stlt8duled pubuC tlearing aoeording to the NnattuctiOns h? tWe packege. The trxlerslgned also cansertts to enxy upon the subject propertY bY emPoYm of tne Qcpartrnant of Planning #o photograph xnd viaw the ahe far vurposgs of prboessing and evatupling ihis spplkgtbn. ? J?} . . -!? r ? ? Print Name?--` ? j? ? . tRt111 Appltt?rit) ' 'Pri??t Name . ?-'. DISCLOSURE STATEMENT DIANA BUHRMANN Agenda Item 3 Page 8 Item #3 Diana Buhrmann Conditional Use Permit 3245 Florence Street District 6 Beach July 9, 2014 CONSENT An application of Diana Buhrmann for a Conditional Use Permit (Home Occupation - Home Family Daycare) on property located at 3245 Florence Street, District 6, Beach. GPIN: 14960936030000. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 5. The applicant shall be licensed with the Commonwealth of Virginia for this use and for up to twelve (12) children. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Daycare Home. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE Item #3 Diana Buhrmann 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 3 by consent. The applicant Diana Buhrmann appeared before the Commission. ? ??ABfq?,'?y t i :.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANTOINETTE HENDERSON (Applicant) / BRIAN & KIM MOSES (Owner), Conditional Use Permit (Family [Child] Daycare Home with a maximum of 12 children). 1812 Brownstone Court (GPIN 1485115870). COUNCIL DISTRICT - CENTERVILLE. MEETING DATE: September 2, 2014 ¦ Background: The applicant requests approval of a Conditional Use Permit for a Home Family [Child] Daycare facility for a maximum of 12 children. The applicant requests a Conditional Use Permit to allow the continued use of the site as an in-home day care for 12 children. The applicant is licensed with the Department of Social Services (DSS); it was through the license renewal process that she became aware of the need for a Conditional Use Permit. ¦ Considerations: The applicant and one assistant provide care for up to 12 children between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The applicant has a staggered schedule for parents and guardians to arrive and depart with the children, which occurs in the driveway on the property. Further details pertaining to the applicant's operation, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M. ANTOINETTE HENDERSON Page2of2 3. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the home daycare. 4. All requirements of the 2009 Virginia Residential Code as it applies to above-ground pools shall be met. 5. All requirements of the Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS) shall be met. 6. The applicant shall stagger the arrival and departure times for the children such that no more than two vehicles are scheduled to drop-off children at one time. 7. A non-illuminated sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 8. The applicant shall be licensed with the Commonwealth of Virginia for a maximum of twelve (12) children. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. ¦ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ?-. Submitting DepartmenUAgency: Planning Department City Manager. ? ? W>Z i m a, t? 0 a ? - U W J J - ? W H Z W ? Q ? U C O : O ? ? a d ? ? Na c d oa ? ? ? ? u ? .? C ?C N :ENTHRVILLE 10 July 9, 2014 Public Hearing APPLICANT: ANTOINETTE HENDERSON PROPERTY OWNER: BRIAN & KIM MOSES r_ro.+c?v?. a« sw.. ?a REQUEST: Conditional Use Permit for a Family (Child) Home Daycare ADDRESS / DESCRIPTION: 1812 Brownstone Court STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14851158700000 CENTERVILLE 7187 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow the continued use of the site as an in-home day care for twelve children. The applicant is licensed with the Department of Social Services (DSS); it was through the license renewal process that she became aware of the need for a Conditional Use Permit. The applicant and one assistant provide care for up to12 children between the hours of 6:00 am and 6:00 pm, Monday through Friday. Children are dropped-off and picked-up by their parents or guardians at the applicanYs driveway. The site is 7,187 square feet in area and is located on the cul-de-sac of Brownstone Court. A two-story single family home is situated in the center of the lot. An 8-foot tall wooden privacy fence extends from the house and borders the back yard. Projecting off of the rear faCade of the house is a wooden deck. The deck consists of a sitting and eating area which is connected to a raised and gated portion of the deck which surrounds the above ground swimming pool. The remainder of the rear yard is flat and grassy and serves as the children's play area. ANTOINETTE HENDERSON Agenda Item 10 Page 1 car ?nirowycrn LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family home SURROUNDING LAND North: ? USE AND ZONING: South: , East: ? West: ? Single-family homes / R5D-Residential Districl Single-family homes / R5D-Residential District Single-family homes / R5D-Residential District Single-family homes / R5D-Residential District NATURAL RESOURCE AND The site is relatively flat and grassy. There do not appear to be CULTURAL FEATURES: any significant natural or cultural features located on this site. COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is located as a Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. EVALUATION AND RECOMMENDATION The applicant is requesting a Conditional Use Permit for a Family [Child] Daycare Home for 12 children. As the Zoning Ordinance requires a Conditional Use Permit when more than five children are cared for in a dwelling, the applicant requires a Conditional Use Permit to continue operation. Traffic is low at the site's street frontage due to being located on a cul-de-sac. Due to the orthogonal design of the cul-de-sac as compared to a typical circular cul-de-sac design, most residents park their vehicles perpendicular to the curb. Parents and guardians dropping off children park their vehicle at the end of the applicanYs driveway or perpendicular to the curb just as the neighbors do. To avoid minor vehicle collisions from numerous vehicles reversing out of their driveways and the corner of the cul-de- sac, Staff has included a condition requiring that the applicant staggering the arrival of children to no more than two vehicles at a time. As noted in the summary section of this report, there is an above-ground pool located in the rear yard. It appears as though the pool meets the barrier requirements of the 2009 Virginia Residential Code and the Virginia Administrative Code (VAC) as it applies to the regulations of Family Daycare homes by the Department of Social Services (DSS) by having the 6-foot tall privacy fence surrounding the rear yard, a self-locking gate, and an additional four-foot tall barrier surrounding the pool to separate it from the play area which is within 30 feet of the pool. Staff does not believe any nuisance to the surrounding property owners will result for the proposed use. For the reasons stated above as well as the proposals consistency with the Comprehensive Plan, Staff recommends approval of the Conditional Use Permit subject to the following conditions. ANTOINETTE; tiENDERSON Agenda Itern 10 Page 2 CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the home daycare. 4. All requirements of the 2009 Virginia Residential Code as it applies to above-ground pools shall be met. 5. All requirements of the Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS) shall be met. 6. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking-up or dropping-off children such that no more than two vehicles are scheduled to drop- off children at one time. 7. A non-illuminated sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 9. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an 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 fhe Department of P/anning / Development Services Center and Department of Planning /Permits and /nspections Division, and the issuance of a Certiricafe of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strafegies as they pertain to this site. ANTOINETTE HENDERSON Agenda Itero 10 Page 3 AERIAL AND PHOTO OF SITE ANTOINETTE HENDERSON Agenda Item 10 Page 4 .Op QU?R NA,(l rF"? ?rY -' _ ' . !`af ?. AERIAL OF SITE I I ANTOINETTE HENDERSON j? Agenda Item 10 ? Page 5 !' ZONING HISTORY No applications have been submitted for discretionary action within the vicinity of the subject site encompassed by the map above. ?. ANTOINETTE HENDERSON ; Agenda Item 10 Page 6 ?F OU? At??r? r I? 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 ali officers, members, trustees, , partners, etc. below: (Attach list if necessary) ? ? 1 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 i relationship with the appiicant: (Attach lisf if necessary) ' ? Check here if the applicant is NOT a corporation, partnership, firm, business, or ? other unincorporated organization. 1 1 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 offcers, members, trustees artners etc belo Att h li ? , p , . w: ( ac st if necessary) ! ? 2. Lis# all businesses that have a parent-subsidiary' or affiliated business entity2 F F relationship with the applicant: (Attach list if necessary) F ? ? Check here if the property owner is NOT a corporation, partnership, firm, F r business, or other unincorporated organization. ? 1 & See next page for footnotes ? ? Does an official or em loyee of the City of Virginia Beach have an interest in the ? R subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? I1-_ ? ? onditional Use Pemiit Application ?? DISCLOSURE STATEMENT ANTOINETTE.HENDERSON Agenda Iteria 10 Page 7 ? i 1 ? ? ancrnoNa. aIscLosuRrs l.ist ail kerOwn cdr?traotors or buslrtes"a lhat halte Of Will ptbvide servit:es wlth n9sp" 1o th8reqtilQStCd pMWY USSi includtng but not limiisd to Ih! pN`OVMers of atct?I#sCturAl servlcea, reei estato oervicee, t'nanclsl servfaes, aocountfmg seivic0-3, and (egal servicgs: (Atlach 113# if necemary) ? ? ? ? ? ,.Pe?ent-subsFaiary relaHonship^ means "? reMt??h? thgt exiObt when or?e ee cprpprattor? dlrecqy or indirectly owna shares possesbing more than 50 psrcenl af ihw yotirg powoBr of anqther carporatbn." Soo Stata and Locai Govemmank Conflkot at lnterests Act, Vs. Code § 2.2-3141. 1 `Atfiliated bwbreae midty relatianship° means "a relat(arshlp, athw than para* subsidlary releftnghip, thai cxiste when (i) ono bushsge 6rttny t+as a coniro!ling Ownership IMereA in the other bueir?ees anNty. (p) a aontroqinq awner in ane entityr is ai8o a aontroldnp awnsr tn the other eMlyr, or (1N) th+ere ia eMrod managernent or cantral bcMreen the business anlities. Faclore thnt sha4Ad be oa?nsldered in datermining the exislenoe ef sn affirotad businees anfity roiatfonship Mduda that the somo peson or substanUly the seme person oann Or tnanage the twA ontiUes; tlwe ara oommcm or canurdrrglad tun* or aj*ets; ttie busbteo entiiW fshere the use of iM same offkes c?r emplayees a aiher+aiee ehare actlviifes, casaurcex or pereonnvl an smgular begfs: ar #here is othemiee a cbge woOft rsletlonghtp betv~ the errtttiee " Soe State and Locai Govornment Conflict ot Intereo Act. Va. Gode § 2.2-3iQ1. ? ? ? ? ? ? ? ? ? ? ? ? t`rOMFICATiON: i oCNfy thst !hC Intotrttaaon oontoMrd hWein is itUe 401d gCCUrete. I UnlprstMd ", upot? rooeiPt ot nWoUqn (p861C8r4) thait the appllcastior, has been sohedulOtl ior puA#C heMiYg, 1, dm respodlsible (PC "it1kV a11d pwNrV the f+sqUlPCd StQn On th8 SubjBCt omAefiY at least 30 doya Fdoi to t!e aahedubd publks heerhp ooCOrQing to the inakNc0ons in thls paekefle. The po Urdem18r"4 dlsb cansenl9 b antry vpolt the a1Jb)oCt prwpori'Y bY empbyee'e of fhe ?'7ep8Rme+?t Ot p1ann;np to Phoiopreph ond vi0w ft sitc fvr purpasea of prouaesing and evaluating thia *pokadon, U-IA-ban - E 1i.dl? . P aA/ APPGwx nYB Sipnet nt Nome r y dwrter's naturA (if ditferent then up pNcant) Print IVame ? I DISCLOSURE STATEMENT ANTOINETTE':IiENDERSON 'Agenda Iterra 10 Page 8 Item #10 Antoinette Henderson Conditional Use Permit 1812 Brownstone Court District 1 Centerville July 9, 2014 CONSENT An application of Antoinette Henderson for a Conditional Use Permit for a Family (Child) Home Daycare on property located at 1812 Brownstone Court, District 1, Centerville. GPIN: 14851158700000. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the home daycare. 4. All requirements of the 2009 Virginia Residential Code as it applies to above-ground pools shall be met. 5. All requirements of the Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS) shall be met. 6. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking-up or dropping-off children such that no more than two vehicles are scheduled to drop-off children at one time. 7. A non-illuminated sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. Item #10 Antoinette Henderson Page 2 9. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 10. 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 Commissioner recommended approval of item 10. Kianca Henderson appeared before the Commission on behalf of the applicant. ?` ?- ?(`•' ? ?si CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: SOUTHERN PERFORMANCE (Applicant) / BROTHERS TOO, LLC (Owner), Conditional Use Permit (Motor Vehicle Repair). 5156 Virginia Beach Boulevard (GPIN 1467861619). COUNCIL DISTRICT - BAYSIDE. MEETING DATE: September 2, 2014 ¦ Background: The applicant requests a Conditional Use Permit for a motor vehicle repair garage. There is currently one building on the subject site. The building, which was developed through three separate additions, extends toward the rear of the lot. There is an existing automobile-related business, Cap City USA, located on the site. That business occupies the front portion of the building. ¦ Considerations: The applicant's proposed automobile repair will take place in the rear two bays of the building. The scope of work will largely consist of the installation of Jeep tops, as well as repair of suspensions, cleaning and repair of diesel systems, emission control systems, and other similar engine repairs. The applicant will use counter space, which will be shared with Cap City USA in the front portion of the building, to assist customers. Typical hours of operation will be 8:30 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday. Further details pertaining to the applicant's operation, 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. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. SOUTHERN PERFORMANCE Page 2 of 2 4. Category I landscaping shall be planted and maintained between the building and the property line adjacent to Virginia Beach Boulevard. 5. A permit shall be obtained from the Planning Department, Zoning Division, for any new signage that is added to the site. ¦ 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 , b8 (?, City Manager. tL " " < • ti 1 . ? i " M¦¦? CN a,, - --- :,. 1MMI . ?••? ;-- -- ? c? ?- e ? ---_ -t? ' ? ?- ? ? ?•J _-? _ ? ?! '• ? _? ? M¦? r T~ . ? ,.~: ' - ? f r ! 4 ? ? ??~, ? . ? O ? .?? ?l ? f • • ??/f/ ? • ?? •??`? ] "' ? ? ? • , ? \?I `? J '? ? ? ? "'!-. - i ? '` - ?•.. ".? Av " .' .?..? .. J- v"t J ? , ? r " ?p9 1 il) r • ? ? ?J') ? I I f T . , ,, ?' Q*Z I \ ' rrr L? lz? (t ! CM ( I I'`, , I QU I N ,L 3nh Cc ? ? ? 0 Q ' L , III ? a U ? ? ,-i --.-?`--?.._ ?I r•? • ?'l ?_ T r--_ srsIoE %12?,? a? Southern Performance lnternational, L.L.L. ' • { 42 • , ` ql8 A12 B2* p - A12' BZ ??? •,'?r»s? . ?.?12 - -. ,.; . : / B7 49 B2 k 87` VN/?? 82 - B2 es CLP !w Automobi/e Reoair Carane REQUEST: Conditional Use Permit for Automobile Repair Garage ADDRESS / DESCRIPTION: 5156 Virginia Beach Boulevard 5 July 9, 2014 Public Hearing APPLICANT: SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C. PROPERTY OWNER: B ROTH E RS TOO, L.L.C. STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14678616190000 BAYSIDE 1.171 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow the use of the site as an automobile repair garage. The approximately one acre site is located on Virginia Beach Boulevard, in an area that is largely commercial in nature. The automobile repair will take place in the rear two bays of a long, warehouse style building that is currently being used for automotive repair. According to the application, the scope of work will include the installation of Jeep tops and other minor bolt-on accessories, as well as repair of suspensions, clean diesels, emission control systems, and other similar engine repairs. The applicant will use counter space that is shared with Cap City USA in the front portion of the building to assist customers. Typical hours of operation will be 8:30 a.m. to 6:00 p.m., Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday. The operation will employ two people, both co-owners of the business. SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C. Agenda Item 5 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Automobile Repair Garage SURROUNDING LAND North: . Single family homes / A-12 Apartment District USE AND ZONING: South: . Virginia Beach Boulevard • Retail / B-2 Community Business District East: . Furniture Showroom / B-2 Community Business District West: . Home remodeling showroom / B-2 Community Business District NATURAL RESOURCE AND A majority of the site is developed with a one-story structure and CULTURAL FEATURES: paved parking surface. The rear portion of the site is an undeveloped grassy area. 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 land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The Master Transportation Plan proposes an eight-lane facility within a 155 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C. No roadway Capital Improvement Program projects are slated in the general vicinity of the subject site. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume Virginia Beach 34,729 ADT 34,940 ADT (Level of No change is Boulevard Service "C") expected with this 56,240 ADT' Level of a lication SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C. ' Agenda It'em 5 Page 2 Service "D") 64,260 ADT' (Level of Service "E" Average Daily Trips WATER: This site currently connects to City water. There are existing 20-inch, 16-inch, and 8-inch City water mains along Virginia Beach Boulevard. SEWER: This site currently connects to City sanitary sewer. There are existing 10-inch and 8-inch City sanitary sewer gravity mains along Virginia Beach Boulevard. EVALUATION AND RECOMMENDATION The proposed conditional use for an automobile repair garage is consistent with the Comprehensive Plan's land use policies regarding compatible development in the Suburban Area. The site is currently being used for automotive repair, and no changes to the site or exterior of the building are included in this application. The addition of the applicant's business is not expected to have any adverse effects on traffic volume on Virginia Beach Boulevard, which is currently operating under capacity. The applicant indicates that all automotive repairs will take place inside the building. Vehicles awaiting repair or pick-up will be parked in the designated spaces to the west of the building, and will remain there for short periods of time. The existing parking area can accommodate these vehicles, as well as customer traffic. The applicant states that there will be no outside storage of equipment or vehicles in obvious disrepair. In accordance with staff's recommendation, the property owner has removed debris and trash from the grassy area at the rear of the site. Additionally, the applicant has agreed to install a row of Category I plant material in the grassy area between the structure and Virginia Beach Boulevard. For the reasons stated above, staff recommends approval of this application with the conditions listed below. CONDITIONS 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. Category I landscaping shall be planted and maintained between the building and the property line adjacent to Virginia Beach Boulevard. SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C. ? Agenda It?m 5 P?N 3 5. A permit shall be obtained from the Planning Department, Zoning Division, for any new signage that is added to the site. 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 p/an 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 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 Offi'ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site. SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C. . Agenda It,6m -5 Pa?r? 4 AERIAL OF SITE LOCATION t K. ? ? SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C. Agenda Item 5 ?to Page 5 ' a? ?¢r f % It ` . ?\ • j! ? c? ? . . ? '' . `? `? ? ?. , e ...,....?. ...a..,.. ??? • ?,-?'_ •- 1",,;s:; .._ , ( ` .,.:.. ? I ? t?.w w ier°`?t ? ? ? r M M+? ? ? y Y? M4. K W?? ? NMIV-A-?F 1 ' w ? u , A/ V/ M MV t p ? ]if 1 ?; VEHt.LE REPAfR BAYS =ZZ ? PARKINGAREA ?? .' - `? 7,•°?? • ' I / . } ) ? 1 ? f . I 5.... ?? ? ? CUSTOMER ' `' f AL i •? ' I I'`?•? ? ' ? COUFJTER/OFF CE ?,' • •-?_ - .?l ' - ', ? - , 1 ':.C? • • " • J+ YVY KN?' OIfIM /!A' ?II-O-MIg n . s .`.w. M • w .n PROPOSED SITE PLAN ? ; RMANCE INTERNATIONAL, L.L.C. SOUTHERN PERFO Agenda Item 5 Page 6 " ??y. VF 4UR NP'?}C?" F. BAYSIDE ? ., -ull. ,. __ T__,A- __--- .-A,-- .>> r 7 ! N1ap D-6 NOUtj]eY'jj YeCIOCII1CIIl(;r lI1l,CI I1QllUIlA15 L.L.t.. Man ]Uot to Scale ??r . .? j ? 1 ;. i i \'? 'yi( \ Y .? ?; ? N'?qyp._`?•?„??J ?? c ? ' ; ? ?? i i , ?a 4p ? .,• B2# ?2 12 ; B - -? '? B2 Jv B2 FqC& ;2 ? e4ib ? ?. B 2 ning with CondilionaPro//sn, Open Spacs Promotion GUY TOI HU[OI?7VUnC RrNari vaic ZONING HISTORY # DATE REQUEST ACTION 1 06/25/2013 Conditional Use Permit Indoor Recreational Facilit A roved 02/23/2010 Conditional Use Permit Motor Vehicle Sales A roved 08/12/2008 Conditional Use Permit (Motor Vehicle Sales A proved 10/20J1986 Conditional Use Permit Motor Vehicle Sales and Service Ap roved 06/24/1985 Conditional Use Permit Automobite Repair Approved 2 03/12/2013 Modification of Conditions A roved 08/14/2007 Conditional Use Permit (Motor Vehicle Sales A roved 3 03/11/2003 Chan e of Zonin (A-12 to B-2 A roved 4 03/14/1995 Conditional Use Permit Motor Vehicle Sales A proved 5 02/22/1994 Change of Zoning (A-12 to B-2 A roved 6 11/10/1993 Conditional Use Permit Automobile Repair A roved 7 07/13/1993 Conditional Use Permit Motor Vehicle Sales Ap roved 8 12/05/1983 Conditional Use Permit (Car Wash Denied SOUTHERN PERFORMANCE iNAL, L.L.C. )enda Item 5 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Atfach list if necessary) Southern Performance International LLC William J. O'Donnell, Janos A. Sipos, Brent F. McDaniel, Christopher W. McDaniel 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach iist if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complefe 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 ali officers, members, trustees, partners, etc. below: (Atfach /isf if necessary) Brothers Too LLC Christopher W. McDaniel, Brent F. McDaniel 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list 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 ? If yes, what is the name of the official or employee and the nature of their interest? i ? ? ? ? 1 1 { / ? ? ? t ? ` 00 F ? ? ? ? F ? F M ? DISCLOSURE STATEMENT ,. ° SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C. ' `Agenda Item 5 P6& 8 ? 04 04 ? ? ? ? ? y :1 ? { ? ? ? ? ? ? ? ? ? ? / ? ? ? ? ? ? ? ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Southem Perfortnance lrrtemadonal LLC '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.° See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control befinreen 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 othervvise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the inforrnation contained herein is true and accurate. I understand that, upon receipt of nofrfication (postcard) that the application has been schedu(ed 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 f purposes of processing and evaluating this application. r - Q William J. O'Donnell rop Applican ' Print Name ? Christopher McDaniel erty Owner's Signature f different than applicant) Print Name DISCLOSURE STATEMENT SOUTHERN PERFORMANCE INTERN 90NAL, L.L.C. Agenda Item 5 Pgge 9 Item #5 Southern Performance Conditional Use Permit 5156 Virginia Beach Boulevard District 4 Bayside July 9, 2014 CONSENT An application of Southern Performance for a Conditional Use Permit for Automobile Repair Garage on property located at 5156 Virginia Beach Boulevard, District 4, Bayside. GPIN: 14678616190000. CONDITIONS 1. All motor vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. Category I landscaping shall be planted and maintained between the building and the property line adjacent to Virginia Beach Boulevard. 5. A permit shall be obtained from the Planning Department, Zoning Division, for any new signage that is added to the site. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 5. 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 Item #5 Southern Performance Page 2 THORNTON AYE WEINER AYE By a vote of 11-0, the Commission recommended approval of item 5 by consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAMERON JUSTIN MUNDEN (Applicant) / GRANTED WISH, LLC (Owner), Conditional Use Permit (bulk storage yard). 853 South Birdneck Road (GPIN 2416641885). COUNCIL DISTRICT - BEACH. MEETING DATE: September 2, 2014 ¦ Background: The applicant is requesting a Conditional Use Permit for a bulk storage yard on a 0.69-acre subject site zoned I-1 Light Industrial. The site is currently being used in this capacity, housing the applicant's erosion and sediment control construction business. ¦ Considerations: The submitted site plan depicts a gravel area on the northwest portion of the site that will be used as the "large equipment parking area." There are two large Hydroseeding trucks and one flatbed truck. Occasionally there will be materials delivered to the site and stored until they are used. These materials, such as grass seed, mulch, and wood stakes, will be palletized and shrink-wrapped. This area will be shielded from view of the right-of-way by a six-foot high solid fence along the entire front property line and the side property line adjacent to the storage area. Mature vegetation along the right-of-way will remain and provide additional screening. Further details pertaining to the applicant's operation, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Except as otherwise modified by any other condition of this Use Permit, the site shall be developed in substantial conformance with the submitted plan, entitled "SITE EXHIBIT", prepared by Timmons Group, dated 04/01 /14. CAMERON JUSTIN MUNDEN Page 2 of 2 2. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 3. A six foot fence shall be installed as shown on the submitted site plan. Fence shall be solid and constructed of wood, vinyl or a similar maintenance free material. Existing fencing along entire east side, rear portion of the west side and rear property lines shall remain. The existing fencing shall be retained and maintained in good condition. When the existing fence needs to be replaced, it shall be replaced with a minimum, 6 foot in height solid fence. 4. Existing mature landscaping along South Birdneck Road shall be retained and maintained in good condition. 5. The nonconforming sign located on the property line adjacent to South Birdneck Road shall be removed. The applicant may install a new sign meeting the requirements of the Zoning Ordinance. If a new sign is installed, the applicant shall obtain a permit from the Planning Department, Zoning Division. ¦ 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: t -'? L It ? ? ? a W m .1C ? a ? ? ? ? V C O w O ? e a d ? ? a ? c d Oa ? ? e ? ? 0 a C O u 3 BEACH . ti12R 1? ? t.;ameron jusrm iv,unucu P1 B2' 62 P1 y? ?0 12 n 82 AG1 ` Bz B2 ,,.V „a, o? s-. v-ro. cuvTOr nulR *roraye r. ? July 9, 2014 Public Hearing APPLICANT: CAMERON JUSTIN MUNDEN PROPERTY OWNER: GRANTED WISH, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: 853 South Birdneck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24166418850000 BEACH 0.69 acres Greater than 75 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for bulk storage on the 0.69 acre subject site zoned I-1 Light Industrial. The site is currently being used in this capacity and houses the applicanYs construction business. The business typically operates from 7:30 a.m. to 5:00 p.m., but there are times when these hours may be extended. The application states that the designated areas on the site will be used to store construction vehicles and materials. There are two large Hydroseeding trucks and one flatbed truck. Occasionally there will be materials dropped off on site and stored until they are used. These materials, such as grass seed, mulch, and wood stakes, will be palletized and shrink wrapped. The submitted site plan depicts a gravel area on the northwest portion of the site that will be used as the "large equipment parking area". This area will be shielded from view of the right-of-way by a 6 foot solid fence along the entire front property line and the side property line adjacent to the storage area. Mature vegetation along the right-of-way will remain and provide additional screening. There is an existing free- standing sign at the entrance. The applicant will modify the sign to comply with zoning requirements. CAMERON JUSTIN MUNDEN Agenda Item 6 Page 1 There are two existing structures on the site. A one-story building at the front of the site is used as the office. The larger accessory building at the rear corner of the site is used for storage of materials. No changes to the exterior of these buildings are proposed with this application. Employee parking is provided on the concrete surface behind the office and along the rear property line. The applicant will provide for the required ADA parking space and access to the office building. The grassy area at the eastern portion of the site will remain undeveloped. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Construction company office and bulk storage yard SURROUNDING LAND North: . South Birdneck Road USE AND ZONING: • Seatack Elementary School / P-1 Preservation District South: . Virginia Beach Fire Training Facility / B-2 Community Business District East: . Vacant Parcel / I-1 Light Industrial District West: . Single-family residential / I-1 Light Industrial District NATURAL RESOURCE AND A majority of the site is developed with a one-story building, large CULTURAL FEATURES: storage shed and concrete and gravel surface. There is an undeveloped grassy area located behind the building on the eastern portion of the site. The site is located in the Owls Creek Watershed. There do not appear to be any significant cultural features associated with 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 the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either 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) WATER: This site currently connects to City water. There is an existing 30-inch City water main and 12- inch City water line on S. Birdneck Road. There is also an abandoned 30-inch City water main and an abandoned 12-inch City water line on S. Birdneck Road. The existing 5/8-inch meter (City ID #95035173) can be used or upgraded. CAMERON JU$TIN MUNDEN Agenda Item 6 Page 2 SEWER: The site currently connects to City sanitary sewer. There is an existing 16-inch City gravity sanitary sewer main on S. Birdneck Road and an existing 16-inch City sanitary sewer force main located within a public easement along the southern property line. EVALUATION AND RECOMMENDATION The applicanYs request for a Use Permit to operate a bulk storage yard at this site is acceptable. The site as shown on the submitted site plan is generally consistent with the Comprehensive Plan's land use policies and Special Area Development Guidelines regarding compatible development and landscaping. This site has been used as a contractor storage yard for a number of years and this application proposes no change of use or expansion of the facilities. The location of the area used for storage of large equipment and materials is in close proximity to right-of- way; however, existing mature vegetation will ensure limited visibility from South Birdneck Road. Condition 5 is recommended to ensure that this vegetation is retained and maintained. Additionally, the contents of the storage area will be screened along the front and side property lines by a 6 foot in height solid fence. This fencing will extend across the entire front of the property, with exception to the access drive. The existing 3 foot high hedges along this property line will remain. The elimination of the screening requirements along the east, south and west property lines may only be allowed as part of this Use Permit. Section 228 of the Zoning Ordinance provides the standards to be applied to a Use Permit for a bulk storage yard; one of the standards is that the area be entirely enclosed by Category VI landscaping. Category VI landscaping consists of a 6 foot high solid fence and Category I landscape plantings within a minimum 5 foot wide planting bed. The screening shown on the submitted site plan along South Birdneck Road meets the ordinance requirements. As noted above, however, the remaining perimeter of the storage yard does not have a 6 foot in height solid wood fence with the required landscaping. The existing fence that is to remain is 5%z feet in height. The Planning Commission (and City Council) may allow a deviation from this requirement "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties," (Section 221(i)). Reasonable deviations from the following requirements otherwise applicable to the proposed development are allowed: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements. Staff concludes that a deviation from the landscaping requirement for a 6 foot solid fence with a Category I landscape buffer around the entire bulk storage yard is appropriate and will not adversely impact the adjacent properties. There is existing densely wooded vegetation along the side and rear property lines and there is substantial distance between the storage area and any other principle structure. The property to the rear of the site is the City of Virginia Beach Fire Training Facility. The Zoning Ordinance (Section 1005(a)) allows for this site to have one freestanding sign not to exceed 32 square feet of surface area per face. The Zoning Ordinance (Section 210(c)) defines a double-faced sign shall be considered a single sign, provided the two faces are not separated by an angle greater than CAMERON JUSTIN MUNDEN Agenda Item 6 Page 3 15 degrees and are part of the same structure. The existing 'wedge-shaped' sign conforms to the size requirements, however, is considered two signs due to the angle of separation. Condition 5 is recommended to bring the existing sign into conformance. For the reasons stated above, Staff recommends approval of this request with the conditions below. CONDITIONS 1. Except as otherwise modified by any other condition of this Use Permit, the site shall be developed in substantial conformance with the submitted plan, entitled "SITE EXHIBIT", prepared by Timmons Group, dated 04/01/14. 2. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 3. A six foot fence shall be installed as shown on the submitted site plan. Fence shall be solid and constructed of wood, vinyl or a similar maintenance free material. Existing fencing along entire east side, rear portion of the west side and rear property lines shall remain. The existing fencing shall be retained and maintained in good condition. When the existing fence needs to be replaced, it shall be replaced with a minimum, 6 foot in height solid fence. 4. Existing mature landscaping along South Birdneck Road shall be retained and maintained in good condition. 5. The nonconforming sign located on the property line adjacent to South Birdneck Road shall be removed. The applicant may install a new sign meeting the requirements of the Zoning Ordinance. If a new sign is installed, the applicant shall obtain a permit from the Planning Department, Zoning Division. 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 detailed site p/an 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 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 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. CAMERON JUSTIN MUNDEN Agenda Item 6 P,age 4 i .?,? • ,: '`??. .? n U'y"F ? • G . . ? ? ? , , ?."sf'?: ? _. PictomeRY ?aP lNN El..< 7!3i ( ii /?{ ?y i' f ,j ? s.??¦?'?? _ ?? ?. , ?? ? t '?t 4 S . " .C.I ? ?r7 'r,? ?tl?S R I •' •?: ??. ? ?44 ?. } ?p 4? t' -,=- - -? ? A .? 0 AERIAL OF SITE LOCATION •S4 ,.?`.y;:?,,.n:: ?L?_ CAMERON JU: IN MUNDEN )enda Item 6 Page 5 ! ??-,??. ?•? ?-.,c' s;ntvEr [-M?ereo Br. ALrrurecsurtvErats Lm. y3p WppDIAKE CIRCLE &k:ITE PCO. GNE91PEAM1E. VA ID]IO TEL.' (757) 96?-5261 iA% (157) 007-5242 ?V VMt148Lf MEIGMT!'d' FJWYCSOlVFEIACE . fRfF 11' lNOiME fANC v?nuenen?xr+irt EX47pKiSOtIDF9YCf ? 91A%.! N01YORfORMf%1' ? qMJIMAN. fAE DfEO BOO!( JMT. PAfiE 100 MAP800V( 15. PAE]9 h N1041JT17 P ?E fT I G rnee PROP09EDB ....,? • S0.iDPENCE ...y- .. a5 ? ERiBTpOM' f uE F rd er ?. 1 G?E?bp??t • ? sr,vr PARKMG wREA , 1 C(M1.^ld )E B5J S PIRGNECX A'JAO GPlN. ?+?6f?d'86!5.'W'DO 5lFi: VAQb(ING 40.Sf? ^rt Fee! C.]Ot_ACres GAAM 1 cru?ri FLO-rl ' aIm:Ea ro movio[ wLDEF - c.?K.0 - N:4c55151E ROUiE F tttrl py[ 5tt1HS' ? t' Fq,AW ? d' HEGGC awtONG ur,twre iRCC t' ? t'MFOGE SOIiDFENt'E LaVCAE;F FXfiV.NLY- BIRDNECK ROAD (Vutueer w•„r? or - oca anr) Iatf i]' . .• r? VARN6LENE10N76'-6' ?? ptl$7AVfi901DFfI/CF TREE fP' lqEf t' raee a• rmr rnef ir wowaecom??r q06ERi M BOSIIER L7EE0800k i6Gl, PA6E571 yyl001( IfO. PAE N 6NN N 11-05-OW 1 PRpPpSEC 6 SOIiD iENCE 0 30' Bo' .m-mf PROPOSED SITE PLAN CAMERON JUSTIN MUNDEN , Agenda Item 6 Page 6 I 1?i EXISTING SIGN ALONG SOUTH BIRDNECK ROAD CAMERON JU: "IN MUNDEN ? ,genda Item 6 ? Page 7 BEACH ?V T . • -M Ar .7 L-Zi t ro Sc,: ?,amerun JuaLIII 1V1l1IlUCi1 ?= P1 ?KV-2 11 P1 ? ?. 0.9 12 -;;?? ? 11 B2 ` `•J D 4 t? r ? - AG1 B2 ? n \? ?1L oning wlth CondidonaiProf/en, Open Spate Promotion CUP for Bulk Storage Yard ZONING HISTORY # DATE REQUEST ACTION 1 06/14/2011 Conditional Use Permit Outdoor Recreation Facilit A roved 06/14/2011 Chan e of Zoning (P-1 to B-2) A roved 2 03/28/1995 Enlargement to a Nonconforming Use A roved CAMERON JUSTIN MUNDEN Agenda Item 6 Page 8 ?t _ y. .r _1df APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 9. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) GZ ra.•.'? 1..? ? s r? L?..C. 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Affach list if necessary) ? Check here if the applicant is NOT a corpora6on, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this section only if properfy owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) C^1?'a.?-rEb ??SM. LL..L'. MQ?ro..? ?usc ? r? ,I?..,,,?E.J ? C sa ?a ACa M 4cw„ 1? v?c.a 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F-I Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the ity of Virginia Beach have an interest in the subject land? Yes [I No If yes, what is the name of the official or employee and the nature of their interest? 1 i ! ? ? ? ? C F F M r F 0 c ? ? ? ? !- ? ? DISCLOSURE STATEMENT CAMERON JUSTIN MUNDEN Agenda Item 6 Page 9 sp? W4 ? ? ? ? ? ? ? ? ? ? ? ? ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent af the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business ent+ty has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entiry is also a controlling owner in the other entiry, 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 othervvise a close working relationship between the entities.° See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ?A J ? =1 I CERTIFICATION: I certify that the infoRnation contained herein is vue 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 photogr and view the site for purposes of processing and evaluating this application. ? ? C. App ica s S' nat Print Name J Property wner Signature (if different than applicant) Print Name i ? ? ? ? ? pr -4 ? DISCLOSURE STATEMENT CAMERON JUSTIN MUNDEN Agenda Item 6 Page 10 Item #6 Cameron Justin Munden Conditional Use Permit 853 South Birdneck Road District 6 Beach July 9, 2014 CONSENT An application of Cameron Justin Munden for a Conditional Use Permit (Bulk Storage Yard) on property located at 853 South Birdneck Road, District 6, Beach. GPIN: 24166418850000. CONDITIONS 1. Except as otherwise modifies by any other condition of this Use Permit, the site shall be developed in substantial conformance with the submitted plan, entitled "SITE EXHIBIT", prepared by Timmons Group, dated 04/01/14. 2. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 3. A six foot fence shall be installed as shown on the submitted site plan. Fence shall be solid and constructed of wood, vinyl or a similar maintenance free material. Existing fencing along entire east side, rear portion of the west side and rear property lines shall remain. The existing fencing shall be retained and maintained in good condition. When the existing fence needs to be replaced, it shall be replaced with a minimum, 6 foot in height solid fence. 4. Existing mature landscaping along South Birdneck Road shall be retained and maintained in good condition. The existing sign located along South Birdneck Road shall be altered to meet the requirements of the Zoning Ordinance, or a new sign installed in its place. A permit from the Planning Department, Zoning Division shall be obtained for work done on the existing sign, or any new signage installed on the site. 6. The nonconforming sign located on the property line adjacent to South Birdneck Road shall be removed. The applicant may install a new sign meeting the requirements of the Zoning Ordinance. If a new sign is installed, the applicant shall obtain a permit from the Planning Department, Zoning Division. Item #6 Cameron Justin Munden Page 2 A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item 6. 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 6 for consent. Brent Thompson appeared before the Commission on behalf of the applicant. r ??-4'l rS? hZ fop, ? (( _. ? ,1 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: September 2, 2014 ¦ Background: Staff has drafted this amendment in order to resolve a conflict between the signage allowed for school sites by the City Zoning Ordinance and the signage actually existing at school sites. It appears that prior to 1994, there were no regulations regarding school signs. In 1994, the City Zoning Ordinance was amended to allow one sign with two faces and a maximum of 24 square feet per face. The confusion and inconsistency among Zoning and School staff regarding school signage appears to have been caused by the following: The Zoning Ordinance does not currently require sign permits for school signs. They are permitted in all districts in the same manner as public signs, temporary signs, political signs and construction signs. For the most part, zoning enforcement was not reviewing or focusing on these signs. Staff has adjusted the proposed amendment to ensure this issue is clarified and that permits are required for all school signage. 2. In the past, the current regulation allowing one 24 square foot sign per school property was interpreted by some as applying only to the freestanding signs. The proposed amendment clarifies these issues and sets standards for both the freestanding sign and the building signs. 3. It appears that signs on the newer schools have been constructed by the builder and not permitted separately. Where school signs are installed by sign companies, permits have been obtained and the 24 square foot sign allowance has been adhered to for freestanding signs. Again, staff has adjusted the proposed amendment to ensure this issue is clarified and that permits are required for all school signage. Schools have changed considerably since 1994, warranting revision of the sign regulations. New school buildings are now larger, have multiple stories and some are located further from the street. In addition, public schools today often have multiple academies within one school building which need to be identified. Larger AMENDMENT TO THE ZONING ORDINANCE Signs for Schools Page 2 of 3 freestanding signs are needed in order to accommodate changeable copy signs that inform students, parents and the community of school activities. On August 19, 2014, the City Council deferred this item to the September 2, 2014 meeting for the purpose of addressing concerns presented by City Council members. Staff is scheduled to give a short presentation on school signs at the September 2"d informal meeting with pictures demonstrating the need for the sign ordinance revisions. ¦ Considerations: The proposed sign amendment as presented to the Planning Commission allows 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. In response to concerns expressed by City Council, staff has revised the amendment as follows: Sign permits are required for all school signs. (1) Wall Signs. Schools may have a maximum of two (2) wall signs for each building wall facing a public street, as prescribed below. a. One (1) square foot of wall signage for every two (2) linear feet of each building wall facing a public street. Said signage shall not exceed a maximum of one hundred (100) square feet for each such wall. b. Any building wall located five hundred (500) feet or more from a public street shall not exceed a maximum of finro hundred and fifty (250) square feet for each such wall. (2) Freestanding Signs. Schools may have freestanding monument signs as prescribed below. a. Any school located on a lot with an area less than fifteen (15) acres shall be permitted one (1) freestanding monument sign with a maximum of two (2) faces of forty (40) square feet per face. b. Any school located on a lot with an area of fifteen (15) acres or more in size shall be permitted one (1) freestanding monument sign per street, located at the principal vehicular entrance of AMENDMENT TO THE ZONING ORDINANCE Signs for Schools Page 3 of 3 each street. In no case, shall there be more than one (1) freestanding monument sign on each street. Each sign shall not exceed a maximum of two (2) faces of forty (40) square feet per face. c. No freestanding monument sign shall be installed within fifty (50) feet of a residential use. The revised amendment places more restrictions on school signage than the amendment originally proposed, but allows enough flexibility to accommodate the sign needs of most schools. There was no opposition to the original amendment at the Planning Commission public hearing. ¦ 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 of revised amendment. Planning Commission recommends approval. , Submitting Department/Agency: Planning Department City Manager: N"It 1 REVISED VERSION 2 3 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY 4 ZONING ORDINANCE, PERTAINING TO ALLOWED 5 SIGNAGE FOR SCHOOLS 6 7 SECTION AMENDED: City Zoning Ordinance Section 211 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That Section 211 of the City Zoning Ordinance is hereby amended and 16 reordained, to shall read as follows: 17 18 Sec. 211. Signs permitted in all districts. 19 20 .... 21 22 (j) Signs for public schoo/s and private schools having curricu/ums similar to 23 public schools. 9ne--s+gn not to-eX .,°d tweRty eU_^` °r'u"re fee+ per 24 faGe.-Ne--s+gfl--s#?'a-R,,,?FnetC-tttaR +,.,,, (2) f,,,os. No sogn s"^l--be 25 ?qs{allod ,•,c+hi„ fcf+., (50) feet nf?ido„+,?e. The followinq signs shall 26 be permitted with the issuance of a siqn permit as provided for in Section 27 210.1: 28 29 (1) Wall Siqns. Schools mav have a maximum of two (2) wall siqns for 30 each buildinq wall facinq a public street, as prescribed below. 31 32 a. One (1) square foot of wall sianaqe for everv finro (2) linear feet 33 of each buildinq wall facinq a public street. Said siqnaqe shall 34 not exceed a maximum of one hundred (100) square feet for 35 each such walL 36 b. Anv buildinq wall located five hundred (500) feet or more from a 37 public street shall not exceed a maximum of finro hundred and 38 fifty (250) square feet for each such wall. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 (2) Freestandin.q Si.qns. Schools mav have freestandinq monument siqns as prescribed below. a. Any school located on a lot with an area less than fifteen (15) acres shall be permitted one (1) freestandinq monument siqn with a maximum of two (2) faces of forty (40) square feet per face. b. Any school located on a lot with an area of fifteen (15) acres or more in size shall be permitted one (1) freestandinq monument siqn per street, located at the principal vehicular entrance of each street. In no case, shall there be more than one (1) freestandinq monument siqn on each street. Each sign shall not exceed a maximum of two (2) faces of fortv (40) square feet per face. c. No freestandinq monument siqn shall be installed within fiftv (50) feet of a residential use. COMMENT The amendments increase the amount of signage allowed to public and private schools. Under the current ordinance the signage allotment is one freestanding sign no greater than 24 square feet in area. The amendments allow one monument-style sign no greater than 40 square feet per face in area for any school on less than 15 acres. This is increased to 1 sign per street for every principal entrance if the site is 15 acres or more. The size of wall signage is determined by the width of the building fagade upon which they are mounted (1 square foot for every 2 linear feet of building width). There are also maximum size requirements, 100 square feet and 250 square feet if the fagade is 500 feet or more from the public street. School signs are also required to obtain a sign permit. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. CA-13028/R-6/August 27, 2014 Approved as to Legal Sufficie .? ncy: J,YL,? City Attorney's Office 2 Approved as to Content: L. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *****??+?***************?**** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 11 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SE, COND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM CITY COUNCIL FALL RETREAT Econorrlic Development Conference Room Towrt Center September 8, 2014 8:30 AM to S: 00 PM ................................................................................. NOVEMBER COUNCIL MEETING SCHEDULE ? • rid-%x7r%4DL'D ATH DL'C!''ATi'717TT Ti'il . l v 1v u v LivitsEtc ZZ) i n , NOVEMBER 11TH - CANCELLED :................................................................................ 2014 CITYHOLIDAYS Veterans Day - Tuesday, November 11 Tlzanksgiving Day and Day after Thanksgiving - Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christrrias Day - Thursday, December 25 C/TY OF V/RGIN/A BEACH ? SUMMARY OF CO(INCIL ACTIONS I R O S I UATE: 08/ I 9/2014 PAGE: 1 S- ? H S AGENDA H M A E W t"I'EM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L N Y L N A T O O O R S O E E E N 1 S N M I O O L R Y S E N S D S N N D I/I[/111AN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V, VI -E S1:SSION MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y A igust >, 2014 G M:1YOIt'S PRF.SENTATIONS U V ITED WAY Carol McCormack 11 PUBL[C HEARING: ? l. ACQUISITION BY AGREEMENT or No Speakers CON DEMNATION Pacific Avenue Improvements Phase [ I/I Ordinance to AUTHORIZE acquisition ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ofeasements for Pacific Avenue Phase I CONSENT ---- i 2 Ordinances to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y I ACCEPT/APPROPRIATE/ CONSENT ? TRANSFER: a. $17Q500 re police eyuipment/canines/DONATION of tourniquets from Police Foundation b. $55,000 to Police re internet crimes against children c. $7,974 re Victim Witncss d. $150,000 to the City's cable television franchise renewal rocess K, 1 LLOYD T1'RONE HINESExpansion ofa APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y NOmconforming Use at 1209 Edison Road CONDITIONED, BY CONSENT PIZINCESS ANNE - DISTRICT 7 2 N6ARY MEYER CUP home-based DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y wildlife rehab at 547 Susan Constant INDEFINITELY Drive DISTRICT 5 - LYNNHAVEN 3 OVE SHOT TATTOO CUP re a tattoo APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y parlor at 1764 Independence Boulevard CONDITIONED, BY CONSENT B.aYSIDE - DISTRICT 4 _.l CITY OF VIRG/NIA BEACH ? S(14LMAR )' OF COUNClL ACT[ONS i R ? O S t)ATF,: 08/19/2014 PAGE: 2 S- H S AGENDA H M A E W I"ILM # SUBJECT MOTION VOTE E J A M S U 1 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 ? =1 CIllEWATERMEDICAL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y TTtAINING/NORTHAMPTON CONDITIONED, BY EXECUTIVE CENTER, LLC CUP re CONSENT Vocational School at 1300 Diamond Springs Road BAYSIDE - DISTRICT 4 5 LILLEL FARMS, INC. COZ from PD- APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y l" pROFFERED RE H2 to P-1 to preserve open space at OPEN SPACE, BY 2120/2150 Centerville Turnpike CONSENT CENTERVILLE - DISTRICT 1 6 HOME ASSOCIATES OF V[RGINIA, DEEERRED 11-0 Y Y Y Y Y Y Y Y Y Y Conditional COZ from AG-1 to InC INDEFINITELY, BY . CONSENT Conditional R-15 re single family at 1864 [ndian River Road ! PKINCESS ANNE - DISTRICT 7 ? ? ? 7 PILINCESSBORO DEVELOPMENT DEFERRED TO 11_0 Y Y Y Y Y Y Y Y Y Y Conditional COZ from AG-2 to SEPTEMBER 16, Conditional B-2 at 1901 Sandbridge Road 2014, BY CONSENT re a rctaillandscape/garden nursery PRINCESS ANNE - DISTRICT 7 3 NORTHAMPTON EXECUTIVE APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y l" CLNTER, LLC Conditional COZ from PROFFERED B-2 to Conditional A-36 re apartments at 1300 Diamond Springs Road B,1YSIDE - DISTR[CT 4 I i ---7 ', 9 BREEDEN INVESTMENT APpROVED AS 11_0 y y y y Y Y Y Y Y Y PROPERTIES, INC. COZ from B-2/R- PROFFERED, BY ? CONSENT 51) to A-36 re multifamily dwellings at Dulton/Alicia Drives BAYSIDE - DISTRICT 4 I(: Ordinance Co AMEND the Public Works DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Dcsign Standards Manual: INDEFINITELY, BY CONSENT a. ADD Sections 209.3 re Temporary Commercial Parking Lot Standards to ? conform with Sections of Appendix l of the CZO b. Sections ofthe Subdivision Regulations (Appendix B) c. Sections of the Site Plan Ordinance d. Sections of the Chesapeake Qay Preservation Area Ordinance (Appendix F) ( C/TY OF VIRGIN/A BEACH SUd4MAR 3' OF COUNCIL ACTIONS R O S I)ATG. 08/19/2014 PAGE: 3 S- H S AGENDA H M A E W ITi:M # SUBJECT MOTION VOTE g J A M S U I { D N O K R M M S H L W I Y L N A T O O O R S O ? E E E N I S N M I R Y S E N S D S N E -il I 1 Ordinances to AMEND the CZO: a. Section 211 re signage for schools DEFERRED TO SEPTEMBER 2, 11-0 Y Y Y Y Y Y Y Y Y Y Y 2014, BY CONSENT b. Sections allowing farm breweries as ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a permitted use in Agricultural CONSENT Zoning Districts l. N'IRGINIA BEACH COMMUNITY RESCHEDULED g y C O N S E N S U S ? llEVELOPMENT CORPORATTON 'c. CHESAPEAKE BAY Appointed Unexpired 11-0 Y Y Y Y Y Y Y 1' Y Y Y PRESERVAT[ON BOARD thra 12/3 1/14 + 3-Yr Term 1/1/15 - 12/31/17 David France Reappointed 3-Yr Term 1/1/15 - ? 12/31/17 J. Reese Smith, Jr. Dennis Sobota GREEN R[BBON COMY[ITTEE Reappointed 1-Yr 11-0 Y Y Y Y Y Y Y Y Y Y `( Term 10/1/14- 9/30/15 4 William R. Almond f Jason Barney ? Jane Barrett-McDanieis F R. Edward Bonrdon,Jr. ? Joshua D. Clark . Jeanne Evans-Coz Christy Everett- Ez Off. Andrew Fine ' Karen Forgel I i Myrina L. Gaglione ? Wayne McCoy Robert Miller, tll John Olivieri Emily Steinhilber IIIS'I'ORICAL REVIEVI' BOARD Reappointed 2-Yr 11-0 Y Y Y Y Y Y Y Y Y Y Y i Term ll/1/14- 10/31/16 Debbie L. Bright ? I Kimberle Rizzo ? -i M'N UNFINISHED BUSINESS CiTY COUNC[L SESSIONS - APPROVED B Y C O N S E N S U S NOVEMBER, 2014 a. NOVEMBER 4th RESCHEDULED TO NOVEMBER 18, 2014 b. NOVEMBER llth RESCHEDULED TO ? i NOVEMBER 25, 2014 - r - CITY OI' 6'LRGlNIA BEACH SUt14MAR 3' OF CO(INCLL ACTIONS R O S I)nl'li: 08/19/2014 PAGE: 4 S- H S AGENDA H M A E W I"1liM # 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 O ADJOL;RNMENT 6:14 PM NOVEMBER CITY COUNCIL SESSIONS November 4"' - Election Day Resc/zeduled to Novenzber I S'h November 11`" - Veteran's Day Rescheduled to November 25`h CITYCODNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS 6=eierun,s 7)at' - Tcce,crlrn', ;1'orentlaer 11 ?hunksgivirtg 1)ui' nird Dtav ufter Thnnlisivinr - Tltt?r.sclt?y, :?4?vernber 27 rntd ! rit/u1', .l'r?vetnJ?er 28 Chri,strnas Eve (Ctalf=rlrq) - lt "erhze.s(tcry, Deccmfier 24 C7rrisonus Dar - Thur.cria)" Decemher 25 CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: J(INE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE