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AUGUST 12, 2008
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL WAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach — District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large LAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER. MMC I. CITY MANAGER'S BRIEFING CITY COUNCIL AGENDA 12 AUGUST 2008 -Conference Room - CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL. Ctycncl@vbgov.com A. PEMBROKE AREA MASTER TRANSPORTATION PLAN Jason Cosby, Director, Public Works Bill Nash, Senior Vice President, Kimley-Horn and Associates, Inc. II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 2:00 PM 3:30 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Clarence McPherson Pastor, Agape International Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 8, 2008 G. MAYOR'S PRESENTATIONS 1. KING NEPTUNE XXXV and HIS COURT Nancy A. Creech, President, Neptune Festival A. Resolution recognizing the Neptune Festival's 35`h Anniversary 2. MAGNA CARTA STUDENT AMBASSADORS 3. GFOA EXCELLENCE IN FINANCIAL REPORTING— "Certificate of Achievement" Patricia Phillips, Director of Finance H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to APPROVE a Performance Contract for the Community Services Board with the State re funding for Mental Health and Substance Abuse (MHSA) services 2. Ordinance to GRANT a 90 -day extension for satisfactioh of conditions in closin a portion of Connie Lane for a variable width right-of-way (DISTRICT 4 — BAYSIDE and DISTRICT 2 — KEMPSVILLE) 3. Ordinance to TRANSFER the Residential Parking Permit program from the Resort Management Office/Parking Division to the City Treasurer and his operating budget 4. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of- way: a. LAUREL COVE CIVIC LEAGUE to construct and maintain a subdivision sign to include lighting and flag pole (DISTRICT 5 — LYNNHAVEN) b. WILLIAM R. and KAREN P. SCHONAUER to construct and maintain a boatlift on Lake Rudee at 2 Caribbean Avenue (DISTRICT 6 — BEACH) c. CHARLES LARRY and MARY F. POPE to construct and maintain a timber walkway and stairs for beach access at 560 South Atlantic Avenue (DISTRICT 6 — BEACH) d. GERALDINE R. CLARK to construct and maintain a pier and bulkhead at 2905 Sand Bend Road (DISTRICT 7 — PRINCESS ANNE) 5. Resolution to AUTHORIZE application for Virginia Department of Transportation (VDOT) $1 -Million Revenue Sharing for improvements re the Princess Anne Road/Kempsville Road intersection 6. Resolution REQUESTING Virginia Department of Transportation (VDOT) transfer $1 -Million Revenue Sharing from the Lynnhaven Parkway, Phase IX, to the Princess Anne Road — Phase IV project 7. Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Transportation (VDOT): a. $1.5 Million Highway Safety Improvement (HSIP) Grant re bicycle and pedestrian safety improvements b. $1.6 Million Highway Safety Improvement (HSIP) Grant re improvements to high -accident locations c. $1.9 Million Grant re intersection improvements d. A supplemental Grant re a Water Transportation Exhibit at the Lynnhaven House Colonial Education Center (CEC) 8. Ordinances to ACCEPT and APPROPRIATE re Human Services: a. Funding for Mental Health Law Reform and Child and Adolescent services b. A Grant from the Governor's Office for Substance Abuse Prevention for Families and Schools re children at -risk K. PLANNING 1. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008) at 2244 General Booth Boulevard (DISTRICT 7 — PRINCESS ANNE) DEFERRED JULY 8, 2008 RECOMMENDATION APPROVAL 2. Applications for Mogi acation of Conditions: a. NEW FAITH CHRISTIAN FELLOWSHIP (approved on January 11, 2005, as Miracle Temple Worship Center, Inc.) re an increase in days and hours of operation, the number of people who may attend and the square footage used at 3900 Bonney Road, Suite 113 (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL b. WAL-MART REAL ESTATE BUSINESS TRUST (approved on December 5, 2000 and August 5, 2003) re tire storage at 1149 Nimmo Parkway (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL c. VICTORY BAPTIST CHURCH (approved on December 8, 1998) re movement of an existing dwelling unit to the property at 4125 Indian River Road (DISTRICT 1— CENTERVILLE) RECOMMENDATION: 3. Applications for Conditional Use Permits: APPROVAL a. MARCUS HOLMAN re home occupation (photography) at 920 Cardinal Road (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL b. RICHMOND 20 MHZ, LIC (t/a Ntelos) re communication tower at 5817 Wesleyan Drive (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL c. NEW CINGULAR WIRELESS PCS, L.L.C. (t/a AT&T) re communication tower at 109 North Birdneck Road (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL d. CENTERVILLE BINGO, INC. re a bingo hall at 1920 Centerville Turnpike (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL e. MARYANNE GRADO (t/a Cosmo's Corner) re commercial kennel (dog daycare and training) at 505 Central Drive, Suites 101-102 (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL f. SANDRA K. SAWYER (t/a Sandy's Angels Daycare) re in-home daycare at 5621 Parkland Court (DISTRICT 1— CENTERVILLE) DEFERRED RECOMMENDATION JULY 1, 2008 APPROVAL g. CHECKERED FLAG MOTOR CAR CO., INC. re motor vehicle sales and service at 5070 Virginia Beach Boulevard. (DISTRICT 4 — BAYSIDE) DEFERRED RECOMMENDATION JULY 8, 2008 APPROVAL 4. Application of DAVE WILSON for the expansion of a Nonconforming Use at 109 53`a Street an existing garage apartment. (DISTRICT 5 — LYNNHAVEN) DEFERRED RECOMMENDATION JULY 8, 2008 APPROVAL 5. Application of WELDENFIELD OF VIRGINIA, L.L.C. for a Change of Zoning from I-1, R -5D and 0-2 to Conditional R-7.5 with a PD -112 Overlay re developing single-family dwellings and townhomes at Regent University Drive and Jake Sears Road (DISTRICT 1— CENTERVILLE) DEFERRED APRIL 22, 2008, MAY 13, 2008 and JULY 8, 2008 RECOMMENDATION APPROVAL L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items COMMUNITY CONVERSATIONS AUGUST 21, 2008 at 7:00-9:00 PM CONVENTION CENTER CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM — 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER Agenda 8/12/08st www.vbgov.com I. CITY MANAGER'S BRIEFING -Conference Room - 2:00 PM A. PEMBROKE AREA MASTER TRANSPORTATION PLAN Jason Cosby, Director, Public Works Bill Nash, Senior Vice President, Kimley-Horn and Associates, Inc. II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Clarence McPherson Pastor, Agape International Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 8, 2008 G. MAYOR'S PRESENTATIONS 1. KING NEPTUNE XXXV and HIS COURT Nancy A. Creech, President, Neptune Festival A. Resolution recognizing the Neptune Festival's 35th Anniversary 2. MAGNA CARTA STUDENT AMBASSADORS 3. GFOA EXCELLENCE IN FINANCIAL REPORTING— "Certificate of Achievement" Patricia Phillips, Director of Finance WHEREAS, The Neptune Festival, a 501(c)3 organization, is celebrating its Thirty frfh Anniversary in 1008; WHEREAS, The Neptune Festival has been the highlight of the Fall season in Virginia Beach for three and a half decades and fifers something special for everyone — from a Surfing Classic to a Volleyball Tournament to the always popular Sand Sculpting Championship, WHEREAS, For thirty-five years, the Neptune Festival has made significant contributions to the quality of life in Virginia Beach; WHEREAS, over the last thirty-five years, the Neptune Festival has grown in regional, national and international recognition resulting in an attendance growth from 30,000 to 50,000 in 1974 to more than One Million today; WHEREAS, The Neptune Festival contributes to the quality of life in Hampton Roads throughout the year by supporting many different events and organizations. The Neptune Festival also provides a venue whereby many charitable organizations have the opportunity to raise fords. Their statue, "King Neptune and His Sea Creatures " has become an icon recognized by visitors near and far; WHEREAS, Our citizens have proven over and over again their desire to support our community through their volunteer effort and the Festival is a wonderful example of many 'hundreds of Volunteers coming together as a successful "Communityfor a Lifetime", and WHEREAS, The City of Virginia Beach wishes to give special recognition to former Council Member, Nancy A. Creech, whose untiring efforts and tenacity over these thirty-five years have made this possible; and to the Neptune Festival Board of Directors who have worked diligently over the last thirty-five years to make the Neptune Festival the great success it is today. NOW, THEREFORE, BE IT RESOLVED: the City Council of the City of Virginia Beach, Virginia, hereby recognizes: KING NEPTUNE XXXVAND HIS COURT and declares the month of SEPTEMBER as NEPTUNE FESTIVAL MONTH AND, FUTHER, BE IT RESOLVED: that the City Council calls upon the citizens to enjoy this family celebration and recognize this very important Festival with the impact it has on our City and the region of Hampton Roads. Bill DeSteph, Council Member Harry E. Diezel, Council Member Robert "Bob" Dyer, Council Member Barbara M.Henley, Council Member Reba S. McClanan, Council Member John E. Uhrin, Council Member Ron A. Villanueva, Council Member Rosemary Wilson, Council Member James L. Wood Council Member Louis R Jones, Vice Mayor Meyera E. Oberndorf, Mayor H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Resolution to APPROVE a Performance Contract for theCommunity Services Board with the State re funding for Mental Health and Substance Abuse (MHSA) services 2. Ordinance to GRANT a 90 -day extension for satisfaction of conditions incLosing a portion of Connie Lane for a variable width rightof--way (DISTRICT 4 — BAYSIDE and DISTRICT 2 — KEMPSVILLE) 3 Ordinance to TRANSFER the Residential Parking Permitprogram from the Resort Management Office/Parking Division to the City Treasuretand his operating budget 4. Ordinances to AUTHORIZE temporary encroachment into portions of the City's rights-of-way a. LAUREL COVE CIVIC LEAGUE to construct and maintaina subdivision sign to include lighting and flag pole (DISTRICT 5 — LYNNHAVEN) b. WILLIAM R and KAREN P. SCHONAUER to construct and maintaina boatlift on Lake Rudee at 2 Caribbean Avenue (DISTRICT 6— BEACH) c. CHARLES LARRY and MARY F. POPE to construct and maintama timber walkway and stairs for beach access at 560 South Atlantic Avenue (DISTRICT 6 — BEACH) d. GERALDINE R. CLARK to construct and maintain a pier and bulkhead at 2905 Sand Bend Road (DISTRICT 7 — PRINCESS ANNE) 5. Resolution to AUTHORIZE application for Virginia Department of Transportation (VDOT) $1 -Million Revenue Sharing for improvements re thePrincess Anne Road/Kempsville Road intersection 6. Resolution REQUESTING Virginia Department of Transportation (VDOT) transfer $1 -Million Revenue Sharing from the Lynnhave:i Parkway, Phase IX, to the Princess Anne Road — Phase IV project 7 Ordinances to ACCEPT and APPROPRIATE from the Virginia Department of Transportation (VDOT): a. $1.5 Million Highway Safety Improvement (HSIP)Grant re bicycle and pedestrian safety improvements b. $1.6 Million Highway Safety Improvement (HSIP)Grant re improvements to high -accident locations c. $1.9 Million Grant re intersection improvements d. A supplemental Grant re a Water Transportation Exhibit at the Lynnhaven House Colonial Education Center (CEC) 8. Ordinances to ACCEPT and APPROPRIATE re Human Services: a. Funding for Mental Health Law Reform and Child and Adolescent services b. A Grant from the Governor's Office for Substance Abuse Prevention for Families and Schoolse children at -risk u nes rL li an CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract Between the Community Services Board and the State MEETING DATE: August 12, 2008 ■ Background: The Commonwealth of Virginia provides funding for mental health, mental retardation and substance abuse services through performance contracts with local Community Services Boards. The contract requires localities to specify how funds will be utilized and the number of persons served with State, Federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. ■ Considerations: The contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its July 31, 2008 meeting. ■- Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia §37 1-198. Copies of the proposed contract were placed in a number of locations around the City, including Human Services offices, the Central Library and the City Clerk's Office. Public Notice was posted through the City's Internet site. ■ Alternatives: Pursuant to Code of Virginia §37 1-198, if City Council does not approve the proposed performance contract by September 15, 2008, the contract shall be deemed approved. Refecting the performance contract would mean losing $12 million in State and Federal funding, and risking the loss of an additional $15 million in Medicaid and other Fee Revenues. ■ Attachments: Resolution and performance contract. Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of Human Services WM City Manager [4— , �&'112, 1 2 3 4 5 6 7 8 9 10 11 12 13 A RESOLUTION APPROVING A CONTRACT BETWEEN THE COMMUNITY SERVICES BOARD AND THE STATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the City Council hereby approves the FY 2008-09 performance contract between the City of Virginia Beach Community Service Board and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, which provides State controlled performance contract funding to the Community Services Board. Adopted the by the Council of the City of Virginia Beach, Virginia, day of .2008. APPROVED AS TO CONTENT ZJKIZ�."k anage nt 8ervices CAI 0823 R-2 August 5, 2008 APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Offi Off, 3M -'r a Cit of Virginia Beach y 1 1 p �� QYR NANO DEPARTMENT OF HUMAN SERVICES 297 INDEPENDENCE BOULEVARD ADMINISTRATIVE DIVISION PEMBROKE SIX, SUITE 206 (757) 4378100 VIRGINIA BEACH. VA 23462.2891 FAX(767)490-5736 TDD (757) 4378150 DATE: June 27, 2008 TO: Citizens of Virginia Beach FROM: Donna Morris, Virginia Beach Community Services Board Chair SUBJECT: FY 2009 Community Services Performance Contract This summary of the proposed SFY 2009 (July 1, 2008 - June 30, 2009) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, required City Match Funds, Medicaid and other Fee Revenues. Units of service and estimated numbers of consumers to be served are based solely on funds made available through Medicaid, state and federal sources; services supported by local funding are not part of the State Performance Contract and therefore are not reflected in the data. The attached table is a summary of the core services and covered MR Waiver services and funding levels projected to be paid for by funds provided and reported through the Performance Contract. Proposed# of Program Service Unit I Funding Consumers Mental Health Outpatient Services $1,770,733 1,300 Case Management Services $1,746,711 1,040 Residential Crisis Stabilization Services $1,301,569 427 Day Treatment/Partial Hospitalization $1,088,581 641 Rehabilitation/Habilitation $2,371,584 352 Individual Supported Employment $108,533 37 Supervised Residential Services (551) $1,426,989 73 Supportive Residential Services (581) $651,928 108 Discharge Assistance Project (DAP) N/A 9 MH Child and Adolescent Services Initiative N/A 95 Juvenile Detention Center NIA 300 Mental Retardation $388,873 621 Outpatient Services $55,131 10 Case Management Services $1,894,238 775 Rehabilitation $2,652,575 145 Supportive Residential Services $1,776,120 60 Intensive Residential $2,420,083 31 Infant and Toddler Intervention Services $453,076 700 Group Supported Employment $542,501 55 Individual Supported Employment $374,633 75 Highly Intensive Residential $5,880,351 37 Medicaid Mental Retardation HCB Waiver Services N/A 222 Substance Abuse Outpatient $388,873 621 Case Management $364,591 168 Day Treatment/Part. Hosp. $421,617 23 Highly Intensive Residential Services $1,151,784 309 Intensive Residential Services $265,920 53 Supportive Residential Services $359,551 28 Prevention Services $1,343,376 N/A Program Service Unit Proposed Funding # of Consumers Services Available Outside of a Program Area Emergency Services $1,398,167 1510 Consumer Monitoring Services $53,729 218 Centralized Services $3,457,464 All consumers The full proposal is available for review and public comment beginning June 27, 2008 through August 12, 2008 at the following locations: Virginia Beach Department of Human Services Administrative Offices Pembroke 3, St 312 Virginia Beach, Va 23462 Phone: 385-0689 Virginia Beach Central Library 4100 Virginia Beach Blvd Phone 385-3000 City of Virginia Beach Public Information Office Municipal Center, Bldg #30 Phone 385-4111 City of Virginia Beach Clerk's Office Municipal Center, Bldg #1, Room 281 Phone 385-4303 The contract will be acted on by the Virginia Beach Community Services Board at its July 31st Meeting. Once approved by the Board, the proposal will be forwarded to City Council for consideration and approval tentatively'sched u led for August 5th. Following City Council approval, the proposal will be submittbd to the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services. Please provide any written comments to the following address: Helen Wen Department of Human Services Pembroke 3, St 312 Virginia Beach, VA 23462 Or Email to: Hwen@vbgov.com -41 - Item V -L.8. PLANNING ITEM# 56468 (Continued) ORDINANCE UPON APPLICATION OF COMWE ONE, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 RESIDENTIAL DISTRICT AND I-1 LIGHT INDUSTRIAL DISTRICT TO CONDITIONAL A-12 Z05071281 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA Ordinance upon application of Connie One, L.L.C. for a Chane o Zoning District Classification from R-7.5 Residential District and I-1 Light Industrial District to Conditional A-12 Apartment District on property located on the north side of Connie Lane, approximately 124.18 feet east of Connie Way and on the south side of Connie Lane at its intersection with Baker Road (GPINs 1468507212; 1468505086,- 1468503176). 468505086:1468503176). DISTRICT 4 — BAYSIDE AND DISTRICT 2 — KEMPSVILLE The following condition shall be required.• 1, An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record. These Ordinances shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of May Two Thousand Seven Voting: 8-1 (By Consent) Council Members Voting Aye: William R "Bill" DeSteph, Harry E. Henley, Vice Mayor Louis R. Jones, Villanueva and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Diezel, Robert M. Dyer, Barbara M. Mayor Meyera E. Oberndorf, Ron A. John E. Uhrin and James L. Wood May 22, 2007 -40 - Item V -L.& PLANNING ITEM # 56468 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of CONNIE ONE, L.L.C. for the discontinuance, closure and abandonment of an unimproved portion of Connie Lane and Conditional Change of Zoning: Ordinance upon application of Connie One, L.L.C., a Virginia Liablity Company, in the matter of closing, vacating and discontinuing a portion of that certain street known as "Connie Lane — var. width r/w" as shown on that certain plat entitled "exhibit plat proposed street closure of a portion of Connie Lane Virginia Beach, Virginia" DISTRICT 4 — BAYSIDE AND DISTRICT 2 — KEMPSVILLE The following conditions shall be required: A ND, 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City 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 said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide all the required easements requested by the City of Virginia Beach Public Utilities Department. 4. 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, the applicant shall provide easements satisfactory to the utility companies. 5. The applicant shall provide access for the single-family dwelling, known as 5448 Connie Lane, located directly north of the proposed right-of-way closure. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval (May 21, 2008) by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval will be considered null and void. May 22, 2007 rrv�"�u B�,yi7 fo y7 � 3 (r s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance further extending the date for satisfying conditions in the matter of closing, vacating and discontinuing a portion of that certain street known as "CONNIE LANE — VAR. WIDTH R/W" as shown on that certain plat entitled "EXHIBIT PLAT PROPOSED STREET CLOSURE OF A PORTION OF CONNIE LANE VIRGINIA BEACH, VIRGINIA". DISTRICT 4 — BAYSIDE AND DISTRICT 2 — KEMPSVILLE MEETING DATE: August 12, 2008 ■ Background: On May 22, 2007, City Council approved the closure of a portion of Connie Lane for its incorporation into a proposed multi -family dwelling project. The details pertaining to the multi -family development project were submitted with a Conditional Change of Zoning application that was also approved by City Council on May 22, 2007 ■ Considerations: There were four conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City 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 said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. 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, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval will be considered null and void. Connie One, LLC Page 2 of 2 On May 13, 2008, the applicant applied for and was granted an extension of time to satisfy the conditions. The applicant is requesting additional time to complete satisfaction of conditions 2 and 4. Staff concludes that the request for additional time is reasonable. ■ Recommendations: Allow an additional extension of 90 days for satisfaction of the conditions. ■ Attachments: Staff Review from 2006 Location Map Disclosure Statement Ordinance Recommended Action: Staff recommends approval of o(dinagce granting a 90 day extension. Submitting Department/Agency: Planning Department City Manager: 14, .7J2WI, 1 AN ORDINANCE FURTHER EXTENDING THE 2 DATE FOR SATISFYING CONDITIONS IN THE 3 MATTER OF CLOSING, VACATING AND 4 DISCONTINUING A PORTION OF THAT CERTAIN 5 STREET KNOWN AS "CONNIE LANE — VAR. 6 WIDTH R/W" AS SHOWN ON THAT -CERTAIN PLAT 7 ENTITLED "EXHIBIT PLAT PROPOSED STREET 8 CLOSURE OF A PORTION OF CONNIE LANE 9 VIRGINIA BEACH, VIRGINIA" 10 11 WHEREAS, on May 22, 2007, the Council of the City of Virginia Beach 12 acted upon the application of Connie One, LLC, a Virginia limited liability company for 13 the closure of a portion of Connie Lane as shown on Exhibit "A"; and 14 15 WHEREAS, on May 22, 2007 the Council adopted an Ordinance to close 16 the aforesaid street, subject to certain conditions being met on or before May 21, 2008; 17 and 18 WHEREAS, on May 13, 2008, the applicant applied for and was granted 19 an extension of time to August 21, 2008, to satisfy the conditions attached to the 20 aforesaid street closure; and 21 22 WHEREAS, on July 29, 2008, the applicant requested an additional 23 extension of time to satisfy the conditions attached to the aforesaid street closure. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 26 Virginia Beach, Virginia: 27 28 That the date for meeting conditions of closure as stated in the Ordinance 29 adopted on May 22, 2007, upon application of Connie One, LLC, a Virginia limited 30 liability company, is extended to November 13, 2008. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this 33 day of , 2008. 34 35 GPIN: 1468-50-3176, 1468-50-4334, 1468-50-4484, 1468-50-5086, 1468-50-7212, 36 1467-59-9982 and 1467-79-2977 37 CA -10746 V:\appl i cations\citylawprod\cycom32\W pdocs\D030\PO03\00063544. DOC R-1 July 31, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: k\ \ � J I:� w�lalv Pla ning qepartment City Attorney (991 V '110 'N'0) SS3803 ow S53NDN! NO3 lomS13 NO M/N ortz --� (Lha Exhibit A R L-20.58 N N a NONIS0d 30 lw (d)ON0J NI Nld PN�253. P _ Iwcl (M.B� '��1p8g R mo ,SE NINE NEB7) 4 u (0.9. 257• P. n !E EI P 66) w. 257 p <��mhoN �Ft tihh� —h 40, r aRo pull CONM YAY - 50' YM RI)f sy nz �oz,rlsrti (D.O. 2703, P. 1979) M YIM p }fl �q��N 1R't�AL p6 ,R 4 131JN0.�\. y Nl Nld 1� o d 00• g3�md'� ,:I,E910 74) h Y N P Ucq ! ^ w PN�253. P _ Iwcl (M.B� '��1p8g R mo ,SE NINE NEB7) 4 u (0.9. 257• P. n !E EI P 66) w. 257 p <��mhoN �Ft tihh� —h 40, r aRo pull CONM YAY - 50' YM RI)f sy nz �oz,rlsrti (D.O. 2703, P. 1979) M YIM p }fl �q��N 1R't�AL p6 ,R 4 131JN0.�\. y Nl Nld 1� o d 00• g3�md'� ,:I,E910 74) P W E To ti m P. $ 'F ptVSE ONE 50) PN�253. P _ Iwcl (M.B� '��1p8g R mo ,SE NINE NEB7) 4 u (0.9. 257• P. n !E EI P 66) w. 257 p <��mhoN �Ft tihh� —h 40, r aRo pull CONM YAY - 50' YM RI)f sy nz �oz,rlsrti (D.O. 2703, P. 1979) M YIM p }fl �q��N 1R't�AL p6 ,R 4 131JN0.�\. y Nl Nld 1� o d 00• g3�md'� ,:I,E910 74) CONNIE ONE, LLC Agenda Item 13 April 11, 2006 Public Hearing Staff Planner- Faith Christie REQUEST: Discontinuance, closure and abandonment of a portion of Connie Lane. ADDRESS / DESCRIPTION: Property beginning o►n the east side of Connie Way to the west side of Baker Road. COUNCIL ELECTION DISTRICT: 2 — KEMPSVILLE and 4 - BAYSIDE SITE SIZE: 33,541 square feet (0.77 acre) SUMMARY OF REQUEST The applicant requests the discontinuance, closure and abandonment of a portion of Connie Lane for its incorporation into a proposed multi=family dwelling project. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped right-of-way SURROUNDING LAND North: . Vacant parcel / R-7.5 Residential USE AND ZONING: South: . Automotive repair and junkyard / 1-1 Light Industrial East: . Baker Road West: . Connie Lane and Connie Way NATURAL RESOURCE AND There are no natural resources or cultural features to speak of existing CULTURAL FEATURES: on the site. A portion of the site is partially treed with underbrush, and the balance of the site is currently being used as a bulk storage yard for CONNIE ONE I Street Cloture -agenda It' 13 Pale 1 the automobile repair facility. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI• Baker Road is a two-lane undivided minor arterial roadway that currently dead -ends just east of Connie Lane. The Baker Road Extended roadway improvements project will extend Baker Road east to Witchduck Road. The project is scheduled to be completed in the spring of 2007. There is an existing house that fronts on and has a driveway from the piece of Connie Lane at Connie Way that the applicant has applied to have vacated. The Applicant must include provisions in the right- of-way closure application to provide this property access to a public roadway. Associated with the above comment, the Applicant will be responsible for roadway modifications at the Connie Lane and Connie Way intersection so that the current "T° intersection becomes a 90 -degree roadway bend if the right-of-way closure is approved by the City of Virginia Beach. WATER: There is an 8 -inch City water main on Connie Lane, and an existing 64nch water main on Connie Way, located within the proposed street closure, which will require dedication of a 30 -foot wide public utility easement centered over the waterline. In addition, an all-weather access will be required within the easement. There shall be no encroachments (structures and parking permitted) within the easement. SEWER: There is an 8 -inch City sanitary sewer gravity main on Connie Way and existing 10 -inch City sanitar,f sewer gravity main on Connie Lane, continuing through a 35 -foot wide public utility easement to Aylesbury Drive. PRIVATE UTILITIES: Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The Viewers met and determined there will be no public inconvenience if the street is closed provided the applicant records the necessary easements for the City of Virginia Beach Public Utilities Department. Staff concludes closure of the right-of-way, to be incorporated into the proposed multi -family project, is acceptable with the conditions below. CONDITIONS 1 The City Attorney's Office will make the fina I 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. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide all the required easements requested by the City of Virginia Beach Public Utilities Department. 4. 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. 5. The applicant shall provide access for the single-family dwelling directly north of the proposed right-of- way closure. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CONNIE ONE l Sreet Clqure Agonda Itetp-13 P-0- r- 3 Y�SM;b'�7�wa 1�V.i1 At� lilt. a �MNd 7 COnM YAY 60' 7=1/r jai. "A P. irq) Ulavw n Na SURVEY OF AREA TO BE CLO s' CONNIE ONE / Street,clo ure Agonda IterF 13 Pyr: 5 W FSGq W �GA S aC tee.. .a� NEI V cd 00 bAli SURVEY OF AREA TO BE CLO s' CONNIE ONE / Street,clo ure Agonda IterF 13 Pyr: 5 moil dav aaflsorM 133HIS �:,�\�:4P .. .�..�....���.r:% \�\/�\.� \� � /\ \`�� dav aaflsorM 133HIS �Nu:e+ �4� W 4M�,✓ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer the Residential Parking Permit Program from the Parking Enterprise Fund to the City Treasurer's Operating Budget MEETING DATE: August 12, 2008 ■ Background: In June 1992, City Council created the Residential Parking Permit Program to ensure that residents near the oceanfront would have adequate parking. A part of the program involves the issuance of decals, which provides two free passes for each residential unit, and charges $5 for each additional pass. There are also fees for guest passes and business passes. One full-time position is dedicated to this program, which is expected to generate $30,000 of revenues in FY 2008-09. City Code Section 21-354 provides that the City Treasurer shall issue annual residential parking permits. In the past, the City Treasurer has delegated this function to the Resort Management Office/Parking Division. The relocation of the Parking Division, the consolidation of staff, and the addition of five parking garages, have made it difficult for the Parking Division to continue to support the parking decal program. As a result, they have requested that this program be transferred back to the City Treasurer IN Considerations: The residents would be better serviced if the residential parking permit program is transferred to the Treasurer's Office. Currently, only one full-time position is dedicated to handling this program. When that person is out due to vacation or illness, supervisors must be called in to cover for the position. Also, presently residents can only obtain the permit at the oceanfront office. If this position were transferred to the Treasurer, this person would serve as one of several cashiers, all of whom would be able to issue permits. Another benefit is that residents would be able to obtain parking permits in any of the Treasurer's locations. The cost of operating the parking permit decal program is estimated at $46,695 for FY 2008- 09, which includes one FTE and various operating costs. The source of funding for this program is $30,000 from Residential Parking Permits, and $16,695 from other parking fees. Should this action be approved, the $30,000 of revenues from the parking permits would be moved to the General Fund, and the Parking Enterprise Fund would provide an additional $16,695 to avoid negatively impacting the City Treasurer's budget. In future years, the Parking Enterprise Fund would continue to transfer sufficient funding to the General Fund to make up any revenue shortfall for this program. ■ Public Information: Public information will be handled through the normal agenda process. ■ Attachments: Ordinance Recommended Action: Approval of ordinance Submitting Department/Agency: Convention and Visitor Development/City Treasurer City Manager:Q�" �_ �w% 1 AN ORDINANCE TO TRANSFER THE RESIDENTIAL 2 PARKING PERMIT PROGRAM FROM THE PARKING 3 ENTERPRISE FUND TO THE CITY TREASURER'S 4 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA. 8 9 1. That the Residential Parking Permit Program, including one full-time 10 position, is transferred from the Parking Enterprise Fund to the City Treasurer's 11 Operating Budget at an estimated cost of $46,695 for FY 2008-09. 12 13 2. That the cost of the program is funded by estimated revenues of $30,000 14 from residential parking permits, which will be moved to the General Fund, and a 15 transfer of $16,695 from the Parking Enterprise Fund. 16 17 3. That as needed in subsequent years, the Parking Enterprise Fund would 18 transfer an amount to the General Fund to cover the revenue shortfall in the Residential 19 Parking Permit Program. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on the day 22 of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY- Xk�, /,ya-? — , I Managerridit Se ices City Attorney's Office CA10815 R-2 August 5, 2008 h.� O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right of way known as Laurel Cove Drive by Laurel Cove Civic League, Incorporated, a Virginia non -stock corporation MEETING DATE: August 12, 2008 ■ Background: The Laurel Cove Civic League has requested permission to construct and maintain a subdivision sign, underground electric lines, an electric meter, a flag pole, and spot lights and to maintain three (3) existing brick walls in a portion of the City's right of way known as Laurel Cove Drive. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ 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, Plats, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department(Agency: Public Works/Real Estate / - PA City Manage . S /` 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF THE CITY RIGHT OF WAY 6 KNOWN LAUREL COVE DRIVE BY 7 LAUREL COVE CIVIC LEAGUE, 8 INCORPORATED, A VIRGINIA NON - 9 STOCK CORPORATION 10 11 WHEREAS, Laurel Cove Civic League, Incorporated, a Virginia non -stock 12 corporation, desires to construct and maintain a subdivision sign, underground electric 13 lines, an electric meter, a flag pole, and spot lights and to maintain three (3) existing 14 brick walls within a portion the City's right of way known as Laurel Cove Drive located in 15 the City of Virginia Beach, Virginia. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right of way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA. 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Laurel Cove Civic League, 25 Incorporated, a Virginia non -stock corporation, its assigns and successors in title are 26 authorized to construct and maintain temporary encroachments for a subdivision sign, 27 underground electric lines, an electric meter, a flag pole, and spot lights and to maintain 28 three (3) brick walls in a portion of the City's right of way as shown on the map marked 29 Exhibit "A" and entitled: "ENCROACHMENTS FOR LAUREL COVE CIVIC LEAGUE 30 VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public 31 Works and to which reference is made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Laurel Cove Civic League, Incorporated, a Virginia non -stock 36 corporation (the "Agreement"), which is attached hereto and incorporated by reference; 37 and W 39 BE 1T FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Laurel Cove Civic League, Incorporated, a Virginia non -stock corporation and 44 the City Manager or his authorized designee execute the Agreement. 45 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 of , 2008. CA -10741 M01D\REAL ESTATE\Encroachments\PW Ordinances\CA10741 Laurel Cove Civic League Ordiance.doc Y:\applications\ itylawprod\cycom3ZWpdocs1D007\P003\00061671.DOC R-1 PREPARED: 7/24/08 APPROVED AS TO CONTENTS U LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM day %�L 1)m -k .2L�oj(oanS4 4a- CIT CIT ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 29th day of May 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LAUREL COVE CIVIC LEAGUE, Incorporated, a Virginia non -stock corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, it is proposed by the Grantee to construct and maintain a subdivision sign, underground electric lines, an electric meter, a flag pole, and spot lights and to maintain three (3) existing brick walls, collectively, the "Temporary Encroachment", In the City of Virginia Beach; 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 Laurel Cove Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), 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. GPIN: Laurel Cove Drive (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: The Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: ""EXHIBIT A" ENCROACHMENTS FOR LAUREL COVE CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the 2 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 G rantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 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, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area. 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 its 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 force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, 3 combined single limits of such insurance policy or policies. 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 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. It is further expressly understood and agreed that the Temporary Encroachment, specifically the subdivision sign, may not exceed: 32 square feet per face; 2 faces; 6 feet above the natural grade at the curb. Landscaping materials must be approved by the Parks & Landscape Services Division of the Department of Parks and Recreation. 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 City Engineer's Office or the Engineering Division of the Department of Public Utilities. IN WITNESS WHEREOF, the said Laurel Cove Civic League, Incorporated, a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Peter J. Hinck, its president. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2008, 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 Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2008, 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. Notary Registration Number: My Commission Expires: 0 Notary Public (SEAL) Laurel Cove Civic League, Incorporated, a Virginia non -stock corporation BY Y-Ok �L,j Peter J. Hind, President STATE OF VIRGINIA CITY/SOF �/(;t.Lfc(; 1�1to-wit: The foregoing instrument was acknowledged before me thi& day of 11)qL1,K , 2008, by Peter J. Hinck, President of the Laurel Cove Civic League, Incorporated, Virginia non -stock corporation. JENNIFER DEW Notary Pubtle COmmonM 9011h o/ Vlrglyda 274014 My Colnml>"lon Exp1194 Aug 31, 201 i Notary Registration Number: O%Y My Commission Expires: ?)3,1 v j APPROVED AS TO CONTENTS C' a A,, f_ GNATURE PW kl* F414 DEPARTMENT 7 e'ULT.N, INC APPROVED AS TO LEGAL SUFFICIENCY AND FORM So, OUR Nr4.k)0,c CITY ATTORNEY 3 ru U enl9 }u+,od molls k }clod -- o rn d m c. o o " o S a a -c v� .X a v_ o w m a> NI4 Seo a- �c, do �i1 Y S a� CC z pE Z` Z"" 2 CL. ►-- j , LOck 'd V .07' TO NORTH GREAT NECK ROAD c�4 1 hx e- Wy04 opo et m ;C 00 C z i'a5 cin � ►jc L tU Z La jrw.. 120' APPARENT R/W 3�m Q FROM FOUND MONUMENTS c U C'J O CV 10 a 3 ru U enl9 }u+,od molls k }clod -- o rn d m c. o o " o S a a -c v� .X a v_ o w m a> r a- v S a� CC z pE E! .-. Ki _C m °- X Lu m , LOck 'd V .07' TO NORTH GREAT NECK ROAD c�4 1 hx e- Wy04 L et m ;C 00 C N� Q -N V ►jc p LtPQ DO L� JQ W Z La jrw.. 120' APPARENT R/W 3�m Q FROM FOUND MONUMENTS zea oast U C'J O CV 10 '-- CL uowo0}pd 6ul}slx3 (sut (ola10913 Aunol6aaA uni ) Rea iu od - � ' •n LAUREL COVE DRIVE (iAnGLE WiatH lt1W) M.B. M, PG. 12 f c �n r a Ls S CC z pE v u X Lu m , LOck 'd V NN. . N Q ch w `r ry C W a � �OQN � 5 w 04 N a p '"' CC cq colZa - cV .Q O�jQ7Z z � a 120' APPARENT R/W FROM FOUND MONUMENTS N uowo0}pd 6ul}slx3 (sut (ola10913 Aunol6aaA uni ) Rea iu od - � ' •n LAUREL COVE DRIVE (iAnGLE WiatH lt1W) M.B. M, PG. 12 f c �n N r a pE c LOck 'd O E0. NN. . N Q y 1 +Qoz ..a dz~ w U' € 04 N c p '"' CC cq colZa - cV .Q N U O �Q14�M '-- e— a w c�LW a OZ�� z� �(D v w CA N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of City property known as Lake Rudee located at the rear of 2 Caribbean Avenue, for property owners William R. and Karen P Schonauer MEETING DATE: August 12, 2008 ■ Background: On February 13, 2007, Council approved encroachments for an existing pier, float, ramp, nprap and mooring pile for William R. and Karen P Schonauer The Schonauers are requesting now permission to construct and maintain a boatlift upon a portion of the City's property known as Lake Rudee, located at the rear of 2 Caribbean Avenue, Virginia Beach, Virginia. ■ Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments and permits issued by the City in Lake Rudee, which is where the Schonauers have requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachment has been reviewed by the Department of Planning/Environmental Management Center Staff is of the professional opinion that the riparian buffer area cannot be established on the property Therefore, on April 1, 2008, the applicants paid, as compensation for the riparian buffer area, $690.00 to the Department of Planning, to be used in support of the Shore Dnve Area Tree Restoration Program. ■ 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 request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Real Ej City Manage • 5 L G�dM�( .4 41eh 6aj�* I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE RUDEE LOCATED 7 AT THE REAR OF 2 CARIBBEAN 8 AVENUE, FOR PROPERTY OWNERS 9 WILLIAM R. SCHONAUER AND 10 KAREN P SCHONAUER 11 12 WHEREAS, William R. Schonauer and Karen P. Schonauer desire to construct 13 and maintain a boatlift upon a portion of the City's property known as Lake Rudee, 14 located at the rear of 2 Caribbean Avenue, in the City of Virginia Beach, Virginia. 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, William R. Schonauer and 24 Karen P. Schonauer, their heirs, assigns and successors in title are authorized to 25 construct and maintain a temporary encroachment for a boatlift on a portion of the City's 26 property known as Lake Rudee as shown on the map marked Exhibit "A" and entitled: 27 "EXHIBIT A ENCROACHMENT REQUEST FOR WILLIAM AND KAREN SCHONAUER 28 TO CARIBBEAN AVENUE GPIN: 2427-00-1851 DATE. 18 JULY, 2008," a copy of 29 which is on file in the Department of Public Works and to which reference is made for a 30 more particular description; and 31 32 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and William R. Schonauer and Karen P Schonauer (the 35 "Agreement"), which is attached hereto and incorporated by reference; and 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 38 is hereby authorized to execute the Agreement; and 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 41 time as William R. Schonauer and Karen P. Schonauer and the City Manager or his 42 authorized designee execute the Agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of , 2008. CA -10739 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10739 Schonauer Ordiance.doc V:\applications\citylawprod\cycom32\W pdocs\DO10\PO03\00062164.DOC R-1 PREPARED- 7/16/08 APPROVED AS TO CONTENTS C, Os I LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 5t" day of Jam, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM R. SCHONAUER, and KAREN P. SCHONAUER, and THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot E", Shadow Lawn Heights Subdivision, as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 1 THRU 5 — BLOCK 53 MAP OF SHADOW LAWN HEIGHTS" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20021122030689230, and being further designated, known, and described as 2 Caribbean Avenue, Virginia Beach, Virginia 23451; WHEREAS, it Is proposed by the Grantee to construct and maintain a boatlift, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, the "Encroachment Area"; and GPIN: (CITY PROPERTY — NO GPIN) 2427-00-1851 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), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR WILLIAM AND KAREN SCHONAUER TO CARIBBEAN AVENUE GPIN: 2427-00- 1851 DATE: 18 JULY, 2008," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall defend, indemnify, and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED NINETY DOLLAR ($690.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the riparian buffer area that cannot be established on the property as a standard condition of the City for shoreline encroachments. Said payment will be used to restore buffer areas on City owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as 3 additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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 0 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, William R. Schonauer and Karen P. Schonauer, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2008, 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 Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2008, 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. Notary Registration Number: My Commission Expires: No Notary Public (SEAL) iaren lliam R. Sc onauer onauer�arr�,.= STATE OF CITY/ F I; , to -wit: The foregoing instrument was acknowledged before me this "J ' day of 2008 by William R. Schonauer. 1`46tary Public Notary Registration Number: 1 644 My Commission Expires: D STATE OFA I� 1l. (� CITY/ �F V �/< < 1 AIA &W , to -wit: The foregoing instrument was acknowledged before me this J day of 2008, by Karen P. Schonauer. io'. I Notary Public Notary Registration Number: 1 �4 My Commission Expires: t V o APPROVED AS TO CONTENTS I �&u a } C. S GNATURE N k(`'A) F 66 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM r W:\TechServices\RealEstate\Projects\Encroachments\Applicants\Schonauer, William & Karen 2 - KMJ\Agreement.doc 7 CARIBBEAN AVENUE (50 R/W) D. JAMES O DATUM: MLW = 0.00' W13 54' 11" w 95.40' Lo10I' I' s• EXISTING RIP RAP N°41 09'05"W,, - 7 9'05"w/7 03' R. LEVITIN O SCALE. I" = 30'-0" R. TIETJEN O N 85 37'16" w 30.0'--\ NEW BOATLIFT 1Z Zzl - 12 - ADJACENT PROPERTY OWNERS: S IT E PLAN EXHIBIT A 1. R. LEVITIN ENCROACHMENT REQUEST FOR 2. D JAMES WILLIAM AND KAREN SCHONAUER 3. R. TIETJEN TO CARIBBEAN AVENUE GPIN: 2427-00-1851 DATE: 18 JULY, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Croatan Beach located at the rear of 560 S. Atlantic Avenue by Charles Larry Pope, Trustee and Mary F Pope, Trustee MEETING DATE: August 12, 2008 ■ Background: Charles Larry Pope and Mary F. Pope have requested permission to construct and maintain an open pile timber walkway and stairs for beach access on a portion of the City's property known as Croatan Beach, located at the rear of 560 S. Atlantic Avenue, Virginia Beach, Virginia. An encroachment request from the Popes was deferred on October 10, 2006, pending the City establishing criteria for dune encroachments. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. The proposed encroachments meet the Beaches and Waterway Advisory Commission's Resolution, adopted by City council on October 23, 2007 There are similar encroachments located across the dunes at Croatan Beach. One other Encroachment Agreement was found with the City of Virginia Beach for an existing walkway ■ 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, Plat, Location Map, and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate DA,� City Manager• k � ��T,�Lt 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS CROATAN 7 BEACH LOCATED AT THE REAR OF 8 560 S. ATLANTIC AVENUE BY 9 CHARLES LARRY POPE, TRUSTEE 10 AND MARY F. POPE, TRUSTEE 11 12 WHEREAS, Charles Larry Pope and Mary F. Pope, desire to construct and 13 maintain an open pile timber walkway and stairs for beach access upon a portion of City 14 property, known as Croatan Beach, located at the rear of 560 S. Atlantic Avenue in the 15 City of Virginia Beach, Virginia. 16 17 WHEREAS, the property located at 560 S. Atlantic Avenue is owned by Charles 18 Lary Pope, Trustee, for the Charles Larry Pope Qualified Personal Residence Trust 19 dated August 11, 2005, one-half interest, and by Mary F. Pope, Trustee, for the Mary F. 20 Pope Qualified Personal Residence Trust dated August 11, 2005, one-half interest. 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF .27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles Larry Pope, Trustee, 30 and Mary F. Pope, Trustee, their heirs, assigns and successors in title are authorized to 31 construct and maintain temporary encroachments for an open pile timber walkway and 32 stairs for beach access on a portion of the City's property known as Croatan Beach, as 33 shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST 34 EXHIBIT 'A' FOR CHARLES L. POPE QUALIFIED PERSONAL RESIDENCE TRUST 35 AND MARY F. POPE QUALIFIED PERSONAL RESIDENCE TRUST LOTS 14 & 2 36 BLOCK 26, CROATAN BEACH (M.B. 37 PG. 11) BEACH DISTRICT DATE: MAR. 24, 37 2008," a copy of which is on file in the Department of Public Works and to which 38 reference is made for a more particular description; and 39 40 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 41 subject to those terms, conditions and criteria contained in the Agreement between the 42 City of Virginia Beach and Charles Larry Pope, Trustee, and Mary F. Pope, Trustee (the 43 "Agreement"), which is attached hereto and incorporated by reference; and 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 46 is hereby authorized to execute the Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 48 time as Charles Larry Pope, Trustee, and Mary F. Pope, Trustee, and the City Manager 49 or his authorized designee execute the Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2008. CA -10010 PREPARED: 7/14/08 R-2 v=/applications/citylawprod/cycom32/Wpdocs/D025/P003/00060885.doc APPROVED AS TO CONTENTS C. , GNATURE pig Raj Eac k DEPARTMENT APPROVED AS TO LEGAL FF C E-NQY`AND FORM CI ATTORNEY X:\Projects\Encroachments\Applicants\Pope, Charles L. - KMACA10010%peOrdinance revised dune 2008.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Jr day of �V t, Y , 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES LARRY POPE, Trustee for The Charles Larry Pope Qualified Personal Residence Trust dated August 11, 2005 (1/2 INTEREST) AND MARY F. POPE, Trustee for The Mary F. Pope Qualified Personal Residence Trust dated August 11, 2005 (1/2 INTEREST), THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 2 & 14, Block 26, as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATA.N BEACH PRINCESS ANNE CO, VA SCALE F = 100 JUNE, 1954" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 560 S. Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain an open pile timber walkway and stairs, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Croatan Beach, the "Encroachment Area"; and GPIN 2426-39-7926 (CITY PROPERTY GPIN 2427-30-8604) 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), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST EXHIBIT `A' FOR: CHARLES L. POPE QUALIFIED PERSONAL RESIDENCE TRUST AND MARY F. POPE QUALIFIED PERSONAL RESIDENCE TRUST LOTS 14 & 2 BLOCK 26, CROATAN BEACH (M.B. 37 PG. 11) BEACH DISTRICT DATE: MAR. 24, 2008," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing, however, nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and the Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning pnor to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days 3 written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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. 4 IN WITNESS WHEREOF, Charles Larry Pope, Trustee for The Charles Larry Pope Qualified Personal Residence Trust dated August 11, 2005, and Mary F. Pope, Trustee for The Mary F. Pope Qualified Personal Residence Trust dated August 11, 2005, the said Grantee, have caused this Agreement to be executed by their signatures, pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by the City Manager and the seal to be hereunto affixed and attested by the City Clerk. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY E CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: _ Notary Registration Number: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2008, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: _ Notary Registration Number: 0 Notary Public 11-7 efilefeslarry fope, Trustee for The Charles Larry Pope Qualified Personal Residence Trust dated August 11, 2005 Mary F.pe, Trustee or The Mary F. Pope Qualified Personal Residence Trust dated August 11, 2005 STATE OF CITY/COUNTY OF � o -wit: The foregoing instrument was acknowledged before me this 9 day of 2008, by Charles Larry Pope, Trustee for The Charles Larry Pope Qualified Personal Residence Trust dated August 11, 2005. WIT My Commission Expires: 11-3 11A0 / Notary Registration Number: STATE OF CITY/COUNTY OF fi,i" ee y (t .1 to -wit: yj�— The foregoing instrument was acknowledged before me this day of 2008, by Mary F. Pope, Trustee for The Mary F. Pope Qualified Personal tj 49 Residence Trust dated August 11, 2005. My Commission Expires:-/ // Notary Registration Number:_ / 5,253� 3 7 Notary Public APPROVED AS TO CONTENTS C . o�cs SIG ATURE DEPARTMENT APPROVED AS TO LEGAL U FICIENC AND FORM I/tt.411, � X:\Projects\Encroachments\Applicants\Pope, Charles L. - KMACA10010PopeAgreement revised June 2008.doc A7LANMC OCEAN N/F CITY OF %ARGINIA BEACH GPIN: 2427 30 8604 0000 5 PROPOM BEACH ACCESS FRONT 1.13 111 DECK AND STAIRS 3' WIDE _ r��/11 N ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Bass Inlet located at the rear of 2905 Sand Bend Road, for Geraldine R. Clark MEETING DATE: August 12, 2008 ■ Background: Geraldine R. Clark has requested permission to construct and maintain a pier and a bulkhead located at the rear of 2905 Sand Bend Road, Virginia Beach, Virginia, in a portion of City property known as Bass Inlet. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bass Inlet, which is where Mrs. Clark has requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center Staff is of the professional opinion that the establishment of a 15 foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center ■ 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, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate ,hIb City Manager. � -'dy�w'Z, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS INLET 7 LOCATED AT THE REAR OF 2905 8 SAND BEND ROAD FOR GERALDINE 9 R. CLARK 10 11 WHEREAS, Geraldine R. Clark desires to construct and maintain a pier and a 12 bulkhead in a portion of City property located at the rear of 2905 Sand Bend Road, in 13 the City of Virginia Beach, Virginia. 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Geraldine R. Clark, her 23 heirs, assigns, and successors in title, are authorized to construct and maintain 24 temporary encroachments for a pier and a bulkhead within a portion of the City's 25 property as shown on the map marked Exhibit "A" and entitled: ""ENCROACHMENT 26 REQUEST -'EXHIBIT A' BULKHEAD and PIER FOR GERALDINE R. CLARK LOT 88, 27 SECTION 3, BACK BAY MEADOWS," a copy of which is on file in the Department of 28 Public Works and to which reference is made for a more particular description; and 29 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Geraldine R. Clark (the "Agreement"), which is attached 33 hereto and incorporated by reference; and 34 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 36 is hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as Geraldine R. Clark and the City Manager or his authorized designee execute 40 the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 43 2008. CA -10738 MOID\REAL ESTATE\Encroachments\PW Ordinances\CA10738 Clark Ordiance.doc V:\applications\citylawprod\cycom32\W pdocs1D010\P003\00062143. DOC R-1 PREPARED: 7/28/08 APPROVED AS TO CONTENTS c rt6 PkALIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM (&'d "m -k CIT ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Td day of June, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GERALDINE R. CLARK, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 88, Section 3, Back Bay Meadows" as shown on that certain plat entitled: "Section 3 Back Bay Meadows Property of North Bay Development Corp. Princess Anne Borough Virginia Beach, VA Scale- V= 100' July 16,1964" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia In Map Book 67, at page 45, and being further designated, known, and described as 2905 Sand Bend Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and a bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, In constructing and maintaining the Temporary Encroachment, it Is necessary that the Grantee encroach Into a portion of City property known as Bass Inlet, located at the rear of 2905 Sand Bend Road, Virginia Beach, Virginia, the "Encroachment Area"; and GPIN 2433-34-4145 (2905 Sand Bend Road) GPIN 2433-33-0267 (City property) 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), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST- 'EXHIBIT A' BULKHEAD and PIER FOR GERALDINE R. CLARK LOT 88, SECTION 3, BACK BAY MEADOWS," a copy of which is attached hereto as "Exhibit A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall defend, indemnify, and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning 3 when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined solely by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 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 2 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, Geraldine R. Clark, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH am 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 , 2008, 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 Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2008, 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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) Idine R. Clark STATE OF VIRGINIA CITY/ OF %1. in kL IM(UL to -wit: The foregoing instrument was acknowledged before me thisday of 2008, by Geraldine R. Clark. Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENTS £d' C. SIGNATURE Pa) kai Ea** - DEPARTMENT h N tary Public APPROVED AS TO SUFFICIENCY AND FORI cyv&l,�A , CL�zv&L CITY ATTORNEY W E s SANDBRIDGE SHORES BASS INLET -E882 FLOOD N/F CITY OF VIRGINIA BEACH 2433-33-0267 NOTE: 5' MLW AND MHW REACH EXISTING BULKHEAD 24* a? PROPOSED BULKHEAD B48 � PIN @ 156.85' 100.p0 TOE O0 BANK F N ' gUFF R RES70R�!0�— 15 TOP OF BANKCONC' ,.EY - LOT 87 Z' N/F RITA SWEET 2433-34-3152 b f BUFFER RESTORATION: REMOVE. TURF TO A DEPTH OF 6", PLACE 4-6" OF MULCH AND PLANT WITH WOODY TYPE VEGETATION H OC c RICHARD t BAR I ETf D Ls,. No. 18335 S �/xfic,6 ►:1 GPIN: 2433 34 4145 ZONING: R-15 (D.B. 1900, PG. 796) ) 2007 WATERFRONT CONSUL 1 STY FR #2905 PROPOSED PIER PIN @ 914 :m` ••...._MLW TOE OF o: BANK & MHW •: z . ' � I LOT 88 R=156.0 POST 40.0 6�p0" W 5 79 SAND BEND ROAD (50' R/W) PLAN VIEW SCALE 1" = 30' INC. ALL RIGHTS RESERVED. WATERFRONT ENCROACHMENT REQUEST — 'EXHIBIT A' CONSULTING, INC BULKHEAD and PIER 1112 JENSEN DRIVE, STE. 206 FOR GERALDINE R. CLARK VIRGINIA BEACH, V 23451 LOT 88, SECTION 3, BACK BAY MEADOWS PH: (757) 425-8244 FAX: (77 57) 218-6887 ENGINEERING SERVICES PROVIDED BY: (M.B. 67 PG. 45) PA SBD TIFSSD PCC, LLC (757) 773-8084 SHEET 1 OF 1 DATE: DECEMBER 20, 2007 to a 0 N N LOT 88 R=156.0 POST 40.0 6�p0" W 5 79 SAND BEND ROAD (50' R/W) PLAN VIEW SCALE 1" = 30' INC. ALL RIGHTS RESERVED. WATERFRONT ENCROACHMENT REQUEST — 'EXHIBIT A' CONSULTING, INC BULKHEAD and PIER 1112 JENSEN DRIVE, STE. 206 FOR GERALDINE R. CLARK VIRGINIA BEACH, V 23451 LOT 88, SECTION 3, BACK BAY MEADOWS PH: (757) 425-8244 FAX: (77 57) 218-6887 ENGINEERING SERVICES PROVIDED BY: (M.B. 67 PG. 45) PA SBD TIFSSD PCC, LLC (757) 773-8084 SHEET 1 OF 1 DATE: DECEMBER 20, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize an Application for State Funds to Improve the Princess Anne Road/Kempsville Road Intersection MEETING DATE: August 12, 2008 ■ Background: The 2008 General Assembly funded continuation of the VDOT Revenue Sharing Program for FY 2008-09. This program allows for a 50/50 match up to $1,000,000 for projects that can enhance safety and/or capacity The City has identified the Princess Anne Road/Kempsville Road Intersection Improvement project (CIP #2-048) as a candidate for this program. This project is currently in the Virginia Department of Transportation's Six -Year Improvement Program and the City's Capital Improvement Program. It is also a part of the Urban Construction Initiative (formerly referred to as the "First Cities" Program) and is scheduled to be advertised for construction in FY 2011 ■ Considerations: The Revenue Sharing Program allows localities providing a share equal to the matching requirement to be given higher priority over other localities. The City already has sufficient funds of its own in the project that can be used to satisfy the required match. The additional funding would help ensure that the project receives adequate funding to be constructed in a timely manner ■ Public Information: Public meetings have been held as part of the design process. ■ Attachments: Resolution Recommended Action: Adopt resolution Submitting Department/Agency: Public Works Ll� City Manager: 1L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A RESOLUTION TO AUTHORIZE AN APPLICATION FOR STATE FUNDS TO IMPROVE THE PRINCESS ANNE ROAD/KEMPSVILLE ROAD INTERSECTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That the City Council hereby supports application for an allocation of $1,000,000 through the Virginia Department of Transportation Revenue Sharing Program to CIP #2-048, Princess Anne Road/Kempsville Road Intersection Improvements. 2. That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary project agreements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: anage ent ervices City Attorney's Offic CA10827 R-2 August 5, 2008 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Virginia Department of Transportation to Transfer Funds for Roadway Construction MEETING DATE: August 12, 2008 ■ Background: In FY 2006-07 the City was granted Revenue Sharing funding from the State in the amount of $1,000,000 for the Lynnhaven Parkway - Phase IX project (CIP #2-157). The funding was intended to ensure that the current construction schedule could be maintained; however, since the awarding of the grant, construction bids that were advertised and accepted by the State for this project were substantially lower than had been estimated. Given that there is sufficient funding in this project to complete construction without the use of the Revenue Sharing funds, the City is requesting the State to transfer the funding to the Princess Anne Road - Phase IV project (CIP #2-305). Given the recent escalation of property and construction costs, the additional funding will ensure that this project has sufficient funding to maintain the current construction schedule (i.e., begin construction in the summer of 2009). ■ Considerations: The Revenue Sharing Program allows localities providing a share equal to the matching requirement to be given higher priority over other localities. The City already has sufficient funds of its own in the project that can be used to satisfy the required match. ■ Public Information: Public meetings have been held at the appropriate time as part of the design process. ■ ,Alternatives: Do not adopt the resolution. The Lynnhaven Parkway - Phase IX project (CIP #2-157) would remain on its current funding schedule. ■ Attachments: Resolution Recommended Action: Adopt resolution Submitting Department/Agency: Public Works City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO TRANSFER FUNDS FOR ROADWAY CONSTRUCTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That City Council requests the Virginia Department of Transportation to transfer $1,000,000 of Revenue Sharing Program funds from CIP #2-157, Lynnhaven Parkway — Phase IX, to CIP #2-305, Princess Anne Road — Phase IV, to maintain the current construction schedule for CIP #2-305. 2. That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary project agreements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2008. APPROVED AS TO CONTENT i anagem nt S rvices CAI 0829 R-2 August 5, 2008 APPROVED AS TO LEGAL SUFFICIENCY. ;iL5704 —yd, City Attorney's Office r� 1A 8 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept A Grant for Bicycle and Pedestrian Safety Improvements MEETING DATE: August 12, 2008 ■ Background: Eight locations in the City have been selected for Highway Safety Improvement Program (HSIP) funding for bicycle and pedestrian safety improvements. Projects are selected by the Virginia Department of Transportation (VDOT), and the federal program funds are administered by VDOT. Projects are selected based on the crash history and documented safety hazards. The intent of the program is to promote improvement projects that address a known safety problem, are small in scale, and can be completed quickly ■ Considerations: Because of an increase in pedestrian traffic and a necessity for safer walkways for Virginia Beach residents, all of these projects will provide pedestrian and traffic safety improvements along arterial roadways and have been coordinated with the local neighborhoods. The specific locations of the projects and the recommended improvements are shown below- • Virginia Beach Boulevard and Stepney Lane ($76,000) — Install pedestrian countdown signals and crosswalk across Virginia Beach Boulevard between the Central Library and Thalia Station Condominiums and the shopping center • General Booth Boulevard and London Bridge Road ($56,000) — Install pedestrian countdown signals and crosswalk across General Booth Boulevard between the Red Mill subdivision and the shopping center • Norfolk Avenue ($60,000) — Complete the continuous sidewalk from the 300 block to the oceanfront • Mill Dam Road ($80,000) — Provide a continuous sidewalk from First Colonial Road to Great Neck Road • Virginia Beach Boulevard ($498,000) — Provide a continuous sidewalk from Birdneck Road to First Colonial Road • London Bridge Road and Shipps Corner Road ($280,000) — Remove the island on the northeast side • Dam Neck Road and Galvani Drive ($290,000) — Install a new traffic signal with pedestrian countdowns • Lynnhaven Parkway and South Independence Boulevard ($225,000) — Install acceleration lane for the northbound right turn lane from South Independence Boulevard onto Lynnhaven Parkway Before VDOT will proceed with these improvement projects, an ordinance is required by City Council. The City does not presently have a share in the project cost; however, if the project cost exceeds the amount of HSIP funds provided and additional HSIP funds are not available, the City must provide the additional funds or reduce the scope of the work. ■ Public Information: Public information will be provided through the normal City Council agenda process. The standard public information process will be followed for the improvements during the design process. ■ Alternatives: If the HSIP funds are not accepted, the projects will not be funded. ■ Attachments: Ordinance Recommended Action: Approve ordinance Submitting Department/Agency: Public Works 04 City Manager: k "�b` I AN ORDINANCE TO ACCEPT A GRANT FOR BICYCLE 2 AND PEDESTRIAN SAFETY IMPROVEMENTS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1. That the City Council of the City of Virginia Beach, Virginia, requests the 8 Virginia Department of Transportation to establish eight urban system highway projects 9 for the improvements to Virginia Beach Boulevard and Stepney Lane; General Booth 10 Boulevard and London Bridge Road; Norfolk Avenue from Arctic Avenue to Pacific 11 Avenue; Mill Dam Road from First Colonial Road to Great Neck Road; Virginia Beach 12 Boulevard from First Colonial Road to Birdneck Road; London Bridge Road and Shipps 13 Corner Road; Dam Neck Road and Galvani Drive; and Lynnhaven Parkway and S. 14 Independence Boulevard. 15 16 2. That the Council of the City of Virginia Beach agrees to pay its share of the 17 total cost for preliminary engineering, right-of-way and construction of this project in 18 accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia 19 Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to 20 reimburse the Virginia Department of Transportation for the total amount of the costs 21 expended by the Department through the date the Department is notified of such 22 cancellation. 23 24 3. That the City Manager is hereby authorized to execute on behalf of the City of 25 Virginia Beach all necessary project agreements. 26 27 4. That CIP #2-173, Highway Safety Improvement Program, is hereby 28 established as a capital project in the FY 2008-09 capital budget. 29 30 5. That $1,565,000 from the federal Highway Safety Improvement Program is 31 accepted and appropriated in the FY 2008-09 capital budget to CIP #2-173, Highway 32 Safety Improvement Program, with estimated revenues increased accordingly. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Nana-gem6rit 8ervices City Attorney's Office CA10828 R-3 August 5, 2008 (Z Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant to Improve Safety at High -Accident Locations MEETING DATE: August 12, 2008 ■ Background: Beginning in FY 2007, the federal Highway Safety Improvement Program (HSIP) set aside funding for proactive safety improvement. To be proactive, by improving safety with projects that could be implemented quickly, HSIP funding has been allocated to specific severe crash corridors and jurisdictions. The City is one of these jurisdictions. Allocations are anticipated in the foreseeable future to sustain this proactive approach. These HSIP funds are administered by VDOT. ■ Considerations: The intersections chosen for the Proactive Safety Projects are high accident locations that are at or near overcapacity. Project selection is limited by the requirement of no right-of-way acquisition or any environmental mitigation. A tentative list of qualifying projects has been developed and is shown below, with the total cost being $1,682,000. As the program further develops along with the cost estimates, additional projects will be added to the program. • Holland Road and Rosemont Road — Extend the southbound left turn lane on Rosemont Road • Kempsville Road and Beaufin Road/Brandon Boulevard — Add a left turn lane on the side street • Holland Road and Windsor Oaks Boulevard — Extend the left turn lanes on both direction of Holland Road • North Great Neck Road and Lynnhaven Road — Offset the left turn lanes on North Great Neck to improve visibility VDOT requires City Council to establish a project for the Proactive Safety Improvement Program. The City does not presently have a share in the project cost; however, if the project cost exceeds the amount of HSIP funds provided and additional HSIP funds are not available, the City must provide the additional funds or reduce the scope of the work. ■ Public Information: Public information will be provided through the normal City Council agenda process. The standard public information process will be followed for any projects requiring design. ■ Alternatives: If the HSIP funds are not accepted, the projects will not be funded ■ Attachments: Ordinance Recommended Action: Approve ordinance Submitting Department/Age cy: Public Works 4P City Manager: 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 AN ORDINANCE TO IMPROVE SAFETY LOCATIONS ACCEPT A GRANT TO AT HIGH -ACCIDENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council of the City of Virginia Beach, .Virginia, requests the Virginia Department of Transportation to establish an urban system highway project for improvements to the intersections of Holland Road and Rosemont Road, Kempsville Road and Beaufin Road/Brandon Boulevard, Holland Road and Windsor Oarks Boulevard, North Great Neck Road and Lynnhaven Road. 2. That the Council of the City of Virginia Beach agrees to pay its share of the total cost for preliminary engineering, right-of-way and construction of this project in accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3. That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary project agreements. 4. That CIP #2-177, Proactive Safety Improvement Program, is hereby established as a capital project in the FY 2008-09 capital budget. 5. That $1,682,000 from the federal Highway Safety Improvement Program is accepted and appropriated in the FY 2008-09 capital budget to CIP #2-177, Proactive Safety Improvement Program, with estimated revenues increased accordingly. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of , 2008. APPROVED AS TO CONTENT: Managerrfent 8ervices CA10830 R-3 August 5, 2008 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office a 7.; sr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant for Intersection Improvements MEETING DATE: August 12, 2008 ■ Background: In July 2006, the intersections of General Booth Boulevard/London Bridge Road, South Independence Bou levard/Lyn n haven Parkway, South Independence Boulevard/Dahlia Drive, and Indian River Road/Kempsville Road were selected to receive funding allocations in FY 2008 -FY 2010 from the State's Congestion Mitigation and Air Quality (CMAQ) Improvement Program funds. Projects are selected by the Hampton Roads Planning District Commission, and the federal program funds are administered by the Virginia Department of Transportation ("VDOT"). Projects are selected based on the amount of air quality improvement expected per dollar spent. ■ Considerations: Both safety and capacity improvements are proposed for the intersection improvement projects, as described below: • General Booth Boulevard/London Bridge Road — This project will provide for the design and construction of an additional northbound left turn lane on General Booth Boulevard to accommodate dual left turns in the northbound direction along with improvements to the receiving lanes on the western approach of London Bridge Road. This project will receive $900,000 in FY 2009 and $146,000 in FY 2010. • South Independence Boulevard/Lynnhaven Parkway — This project will provide for the design and construction of dual left turn lanes on the northbound and southbound approaches of S. Independence Boulevard along with improvements to the receiving lanes on the eastern and western approaches of Lynnhaven Parkway. The project is scheduled to be funded at $200,000 in FY 2009 and $824,000 in FY 2010. • South Independence Boulevard/Dahlia Drive — This project will provide for the design and construction of a westbound left turn lane on Dahlia Drive and an eastbound right turn lane on Dahlia Drive. The project is scheduled to be funded at $400,000 in FY 2009 and $790,000 in FY 2010. • Indian River Road/Kempsville Road — This project will remove the left turn movements from Indian River Road onto Kempsville Road by providing indirect left turns north and south of the intersection. Design and construction of two half signals north and south of the intersection as well as improvements to the intersection of Indian River Road and Kempsville Road will be included. The project is scheduled to be funded at $447,000 in FY 2009 and $1,339,000 in FY 2010. Before VDOT will proceed with these intersection improvements, an ordinance is required by City Council. The City does not presently have a share in the project cost; however, if the project cost exceeds the amount of CMAQ funds being provided and additional CMAQ funds are not available, the City must provide the additional funds or reduce the scope of the work ■ Public Information: The standard public information process will be followed during the design process including at least one citizen information meeting. ■ Alternatives: If the CMAQ funds are not accepted, the project will not be funded. ■ Attachments: Ordinance Recommended Action: Approve ordinance Submitting Department/Agency: Public Works PAD City Manager: V 1 AN ORDINANCE TO ACCEPT A GRANT FOR INTERSECTION 2 IMPROVEMENTS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 1. That the City Council of the City of Virginia Beach, Virginia, requests the 8 Virginia Department of Transportation to establish four urban system highway projects 9 for improvements to the intersections of General Booth Boulevard and London Bridge 10 Road, S. Independence Boulevard and Lynnhaven Parkway, S. Independence 11 Boulevard and Dahlia Drive, and Indian River Road and Kempsville Road. 12 13 2. That the Council of the City of Virginia Beach agrees to pay its share of the 14 total cost for preliminary engineering, right-of-way and construction of this project in 15 accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia 16 Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to 17 reimburse the Virginia Department of Transportation for the total amount of the costs 18 expended by the Department through the date the Department is notified of such 19 cancellation. 20 21 3. That the City Manager is hereby authorized to execute on behalf of the City of 22 Virginia Beach all necessary project agreements. 23 24 4. That $1,947,000 from the federal Congestion Mitigation and Air Quality 25 Program is accepted and appropriated in the FY 2008-09 capital budget to CIP #2-190, 26 Congestion Relief/Safety Improvement Program, with estimated revenues increased 27 accordingly. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2008. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: ManagemeAt Se ices City Attorney's Office CA10831 R-3 August 5, 2008 y} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant for a Museum Exhibit at the Lynnhaven House MEETING DATE: August 12, 2008 ■ Background: On November 28, 2006, City Council adopted an ordinance to accept and appropriate a $250,000 grant from the Federal Surface Transportation Program through the Virginia Department of Transportation (VDOT) to CIP #3-073, "Colonial Education Center Construction and Land Acquisition," to provide for a Water Transportation Museum Exhibit at the Colonial Education Center (CEC) at the Lynnhaven House. This grant was applied for by APVA Preservation Virginia. The City is required to be the sponsoring agency and executor of the Project Agreement. Work on the exhibit has been on hold pending the completion of construction of the CEC, which is imminent. Upon completion of the CEC, ownership of the building and the Lynnhaven House property will transfer to the City APVA Preservation Virginia received a supplemental grant from the Surface Transportation Program for the exhibit project in the amount of $94,000. VDOT amended the original project Agreement to include the supplemental $94,000 award, bringing the total project grant to $344,000. The grant requires a 20% local match, which is being provided from other enhancements to the facility, so no additional funding is needed for the match. ■ Considerations: The City must administer the grants. The Transportation Enhancement Program Agreement Amendment for the Lynnhaven House project is between VDOT and the City of Virginia Beach. Capital Project #3-073, "Colonial Education Center Construction and Land Acquisition," was shown as completed in the FY 2008-09 Capital Improvement Program; however, it must be reinstated in order to include this additional grant award in the project funding. It is expected that funds expended by the Southeastern Branch APVA Preservation Virginia and Lynnhaven House, LLC and by services donated to them for the construction of the building and exhibit space will qualify for the match requirement. The Department of Museums will manage the project and administer the grant. ■ Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/A ency: Department of Museums City Manage —V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT A GRANT FOR A MUSEUM EXHIBIT AT THE LYNNHAVEN HOUSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1. That Capital Improvement Project # 3-073, "Colonial Education Center Construction and Land Acquisition" is hereby reinstated to the FY 2008-09 capital budget. 2. That $94,000 from the Virginia Department of Transportation is hereby accepted and appropriated to CIP# 3-073, "Colonial Education Center Construction and Land Acquisition," to complete enhancements to the Water Transportation Museum Exhibit at the Lynnhaven House, with revenue from the federal government increased accordingly 3. That the City Manager or his designee is hereby authorized to represent the City in all matters with regard to this Project Agreement with the Virginia Department of Transportation. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2008. Approved as to Content: �eW'-ndte r v i c e s CA10826 R-3 August 5, 2008 Approved as to Legal Sufficiency* .�--- City Attorney's Office {� ME1c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept State Funding for the Department of Human Services MEETING DATE: August 12, 2008 ■ Background: Since the adoption of the City's FY 2008-09 budget, additional State, Federal, and Medicaid funding is available for various Human Services' programs. Recent legislation resulting from the Virginia Tech tragedy has led to Mental Health Law reform. The reform has increased responsibilities for the Community Service Boards, specifically around the criteria needed to detain someone involuntarily and including the mandatory outpatient treatment process. The Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services has approved $324,862 of Mental Health Law reform funds to fund six Mental Health Clinician positions and other operating costs. The State also approved $70,000 in Child and Adolescent Services Funds to fund one Mental Health clinical position. These positions will serve 560 Virginia Beach adults and children with Mental Health disabilities annually ■ Considerations: Notification of these additional State and Federal funds was received subsequent to the City Council's approval of the FY 2008-09 Operating Budget. Some of these programs are mandated, and others address pressing service needs. There are six new FTE's as part of this request, as well as one FTE conversion from part time to full time, and no additional City funds are required to support the programs. These revenues are anticipated to be stable and recurring. ■ Public Information: The use of funds was endorsed by the CSB at its July 31" meeting, and public information will be coordinated through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services Cetyl City Manager: � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO ACCEPT STATE FUNDING FOR THE DEPARTMENT OF HUMAN SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That $324,826 from the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is hereby accepted and appropriated to the Department of Human Services' FY 2008-09 Operating Budget to meet personnel and operating requirements for new state regulations, with revenue from the commonwealth increased accordingly 2. That the Department of Human Services is hereby increased by 6.05 FTEs, including: • Six additional full-time FTEs: one (1) MHMR Clinician III, four (4) MHMR Clinician II, and one (1) MHMR Supervisor I; • A part-time (0.95 FTE) Clinician III is hereby increased to a full-time Clinician III. An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2008. Approved as to Content: Approved as to Legal Sufficiency- anage nt gervices City Attorney's Office CA 10825 R-3 August 5, 2008 r 1NU 8� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant for Substance Abuse Prevention MEETING DATE: August 12, 2008 ■ Background: The Prevention Program of the Department of Human Services has been awarded $48,965 from the Governor's Office for Substance Abuse Prevention for the Families and Schools Together Grant Program targeting children at risk for abuse and neglect. The grant will fund prevention services for a large number of children and their families in targeted elementary schools through weekly sessions. ■ Considerations: This grant provides one year of funding that will supplement an existing program coordinated by the Human Services Department. The required match will be provided through in-kind services existing in the departmental budget; therefore, additional local funding is not needed. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services AKM City Manager. S k_� -N tr,;Ik 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT A GRANT FOR SUBSTANCE ABUSE PREVENTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That $48,695 in federal pass-through funding from the Governor's Office for Substance Abuse Prevention is hereby accepted and appropriated to the Human Services' FY 2008-09 Operating Budget to provide services to children at risk for abuse and neglect, with revenue from the federal government increased accordingly An affirmative vote from the majority of the members of City Council is required. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2008. Approved as to Content: CA10824 R-3 August 5, 2008 Approved as to Legal Sufficiency - City Attorney's Office K. PLANNING 1. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification 9ZConditions (approved by City Councilon November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008)at 2244 General Booth Boulevard (DISTRICT 7 — PRINCESS ANNE) DEFERRED JULY 8, 2008 RECOMMENDATION APPROVAL 2. Applications forModification of Conditions: a. NEW FAITH CHRISTIAN FELLOWSHIP (approved on January 11, 2005, as Miracle Temple Worship Center, Inc.)re an increase in days and hours of operation,the number of people who may attend and the square footage usedat 3900 Bonney Road, Suite 113 (DISTRICT 5— LYNNHAVEN) RECOMMENDATION: APPROVAL b. WAL-MART REAL ESTATE BUSINESS TRUST (approved on December 5, 2000 and August 5, 2003) re tire storageat 1149 Nimmo Parkway (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL c. VICTORY BAPTIST CHURCH (approved on December 8, 1998) re movement of an existing dwelling unit to the propertyat 4125 Indian River Road (DISTRICT 1— CENTERVILLE) RECOMMENDATION: 3. Applications for Conditional Use Permits: APPROVAL a. MARCUS HOLMAN re home occupation (photogrgphy) at 920 Cardinal Road (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL b. RICHMOND 20 MHZ, LIC (t/a Ntelos) re communication tower at5817 Wesleyan Drive (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL c. NEW CINGULAR WIRELESS PCS, L.L.C. (t/a AT&T) re communication tower at 109 North Birdneck Road (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL d. CENTERVILLE BINGO, INC. re a bingo hall at 1920 Centerville Turnpike (DISTRICT 1— CENTERVILLE) RECOMMENDATION: APPROVAL e. MARYANNE GRADO (t/a Cosmo's Corner) re commercial kennel (dog daycare and training) at 505 Central Drive, Suites 101-102 (DISTRICT 6 —BEACH) RECOMMENDATION: APPROVAL f. SANDRA K. SAWYER (tla Sandy's Angels Daycare) re in-home daycare at 5621 Parkland Court (DISTRICT 1— CENTERVILLE) DEFERRED RECOMMENDATION JULY 1, 2008 APPROVAL g. CHECKERED FLAG MOTORCAR CO., INC. re motor vehicle sales and service at 5070 Virginia Beach Boulevard. (DISTRICT 4 — BAYSIDE) DEFERRED RECOMMENDATION JULY 8, 2008 APPROVAL 4. Application of DAVE WILSON for the expansion of allonconforming Use at 109 53rd Street, an existing garage apartment. (DISTRICT 5 — LYNNHAVEN) DEFERRED RECOMMENDATION JULY 8, 2008 APPROVAL 5. Application of WELDENFIELD OF VIRGINIA, L.L.C. for a Change of Zoning from I-1 R-51) and 0-2 to Conditional R-7.5 with a PD -H2 Overlay re developing smglefamily dwellings and townhomes at Regent University Drive and Jake Sears Road (DISTRICT 1— CENTERVILLE) DEFERRED RECOMMENDATION APRIL 22, 2008, MAY 13, 2008 and JULY 8, 2008 APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center. 2401 Courthouse Drive, Tuesday, August 12, 2008, at 6:00 P.M. The following applications will be heard: DISTRICT 5 - LYNNHAVEN Marcus Holman Application: Conditional Use Permit for a home occupation (photography) at 920 Cardinal Road (GPIN 2418323979). AICUZ is 6570. New Faith Christian Fellowship Application: Modification of Conditions for a request approved by City Council on January 11, 2005 (Miracle Temple Worship Center, Inc.) at 390( Bonney Road, Suite 113 (GPIN 1487234976). AICUZ is Less than 65. DISTRICT 2 - KEMPSVILLE Richmond 20 Mhz, Llc, D.B.A. Ntelos Application: Conditional Use Permit for a communication tower at 5817 Wesleyan Drive (GPIN 1468032646). AICUZ is less than 65. DISTRICT 6 - BEACH New Cingular Wireless PCS, L.L.C. (T/A At&T) Application: Conditional Use Permit for a communication tower at 109 North Birdneck Road (GPIN 2417447614). AICUZ is Greater than 75 and APZ-1. Maryanne Grado/Cosmo's Corner Application: Conditional Use Permit for a commercial kennel (dog daycare/training facility) at 505 Central Drive, Suites 101-102 tGPIN 14968990030505). AICUZ is Greater than 75. DISTRICT 1- CENTERVILLE Victory Baptist Church Application: Modification of Conditions for a request approved by City Council on December 8, 1998 at 4125 Indian River Road (GPIN 1474534410). AICUZ is Less than 65. Centerville Bingo, Inc. Application: Conditional Use Permit for an assembly use (bingo hall) at 1920 Centerville Turnpike, Unit 114A (GPIN 1455914345). AICUZ is Less than 65. DISTRICT 7 - PRINCESS ANNE Wal-Mart Real Estate Business Trust Application: Modification of Conditions for requeste approved by City Council on December 5, 2000 and August 5, 2003 at 1149 Nimmo Parkway (GPIN 2414256765). AICUZ is 6575. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at http://www.vbgov.com/RC Fol information call 385-4621. VP .July 30 & August 6, 2008 19091814 .Item V -L. L PLANNING -44 - ITEM 57853 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 12, 2008, RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008) ORDINANCE UPON APPLICATION OF NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC. FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON NOVEMBER 23, 1993 (DONALD G. PRATT Ordinance upon application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 — PRINCESS ANNE. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay• None Council Members Absent: William R. "Bill " DeSteph and Ron A. Villanueva July 8, 2008 NIMMO CHILDCARE reir,77OW01,11P 97=9111! I '00" R -2 P0 Nuii�ro Chur R-20 C9] Center 7-1 Modification of Proffers Relevant Information: • Princess Anne District • Applicant requests a Modification of Proffers to allow for the operation of a child care education center. • Proffer #2 of the 2005 Rezoning of the site does not allow for child care, and thus, the need for the modification. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0). Consent agenda item. • No opposition present at hearing. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Reconsideration of the Application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 — PRINCESS ANNE. MEETING DATE: August 12, 2008 ■ Background: The applicant desires to operate a child care and child education center from the existing structures on the site. The property was rezoned to 0-1 Office District in 1993. On November 22, 2005, the City Council approved a modification of the proffers submitted with that rezoning. The current request is to modify Proffer 2 of the 2005 rezoning to permit childcare facilities on the property. The existing proffers permit only business offices; medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; and florist retail uses. No other uses are permitted. On May 6, the City Council denied the request. On June 10, the City Council voted to reconsider the application. Reconsideration of the application was advertised for July 8, the first available City Council meeting that met legal advertising requirements. Due to scheduling conflicts, however, involving City Council, City Council deferred reconsideration to the August 12 meeting. Since the May 6 denial, the applicant has revised the internal traffic circulation system several times to address concerns of City Council members (the revised plan, dated 6/4/08, is contained in the attached staff report). ■ Considerations: There are two (2) buildings on the site. Both buildings on the site have undergone a plan review to insure compliance for commercial use. Both buildings are currently undergoing renovation to bring the original structures up to Building Code requirements for commercial use. The "main" structure, in the front of the property is approximately 4,800 square feet on two floors and proposed for a Resource Learning Center for up to 50 children of Kindergarten through 5th grade age. Before and after school care, school breaks and summer programs will be offered in this building. The 5,002 square foot building in the rear is proposed child care for infants and toddlers through pre -kindergarten. This two— story building is in renovation to achieve a desired enrollment of up to 88 children. Based on State regulations, both centers combined will have more than Nimmo Childcare & Resource Learning Center, Inc. Page 2 of 2 ample space for up to 138 children. The proposed operating hours are from 6:00 a.m. to 110:30 p.m. Monday through Friday. Standards for Licensed Child Day Center, as required under the State Code (22 VAC 15-30-440), for staff to child ratio are as follows: one (1) staff member for every four (4) children age birth to 16 months; one (1) staff member for every five (5) children age 16 months to two (2) years; one (1) staff member for every 10 children ages two (2) years to three (3) years of age; one (1) staff member for every 12 children four (4) years of age to the age of eligibility to attend public school (five (5) year old by September 30); one (1) staff member for every 18 children from age of eligibility to attend public school through eight (8) years; and, one (1) staff member for every 20 children from the age of 12 years and older. Staffs initial review was for a proposal of 95 infants and toddlers in one building and 65 school aged children in the other building. The applicant revised their proposal based on discussions during the City Council hearing on February 26, 2008. Staffs conclusion of the revised submittal is that the converted two (2) - story, single-family dwelling (4,800 square feet), and the structure under renovation in the rear (5,200 square feet) are of ample size to accommodate the request of up to 138 children (between both buildings). This number is below the maximum number allowed by both the Building Code and the Department of Social Services. The applilcant has also worked with Public Works / Traffic Engineering staff to develop a "safe traffic program", and has proffered that "the daycare and before/after school program drop-off and pick-up shall be scheduled in a manner to limit traffic entering the site to no more than 35 trips within any one hour time frame." The applicant has stated and proffered their commitment to educate the staff and parents on the importance of the program to ensure safe ingress and egress of the property ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc �/y: Planning Department City Manager C "' '� NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC August 12, 2008 City Council Public Hearing Staff Planner- Karen Prochilo ns�No� so Map tll( ale Nimmo Childcare & Resource l.earninz Center � M10\94 Modification REQUEST: Modification of Proffers of the Conditional Change of Zoning granted by the City Council on November 23, 1993 and approved by City Council for modification on November 22, 2005. ADDRESS / DESCRIPTION: Property located at 2244 General Booth Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24140665720000 7 — PRINCESS ANNE 41,991 square feet SUMMARY OF REQUEST The property was conditionally rezoned to 0-1 Office District in 1993. On November 22, 2005, the City Council approved a modification of the proffers submitted with that rezoning. In 1993, the existing two-story barn located in the rear yard was slated for removal. The recent modification in 2005 removed that condition and revised the proffers to allow the existing two-story structure to remain and be expanded. The current request is to modify Proffer 2 of the 2005 rezoning to permit childcare facilities on the property. The existing proffers permit business offices; medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; and florist retail uses. The current, 2005 Conditional Zoning Agreement has the following seven (7) proffers: NIMMO CHILDCARE August 12, 2008 City Council Page 1 PROFFER 1: When the property is developed, it shall be developed substantially as shown on exhibit entitled "Preliminary Layout Exhibit A General Booth Office Building" dated July 27, 2005, prepared by Site Improvements Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The use of the property shall be limited to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; and (c) florist retail; all in accordance with a conditional zoning duly approved by the City Council of the City of Virginia Beach. PROFFER 3: Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated December 16, 1991, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018. PROFFER 4: Lighting on the Property shall be directed inward and not toward surrounded property PROFFER 5: The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatible with the adjoining residential uses and with Nimmo Church. PROFFER 6: Provide privacy fencing along the southern property line adjacent to the residential property. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. As previously stated, Proffer 2 did not include childcare or educational centers as an allowed use on this site. The applicant is requesting to modify Proffer 2 to include these two uses, which normally are permitted uses and do not require City Council approval within any Office or Business District in the city. Since this site was conditionally rezoned, however, the applicant's proposal to provide a commercial child care on this site requires City Council to review and approve the modification of the proffers. There are two (2) buildings on the site. Both buildings on the site have undergone a plan review to insure compliance for commercial use. Both buildings are currently undergoing renovation to bring the original structures up to Building Code requirements for commercial use. The "main" structure, in the front of the property is approximately 4,800 square feet on two floors and proposed for a Resource Learning Center for up to 50 children of Kindergarten through 5`h grade age. Before and after school care, school breaks and summer programs will be offered in this building. The 5,002 square foot building in the rear is proposed child care for infants and toddlers through pre -kindergarten. This two—story building is in renovation to achieve a desired enrollment of up to 88 children. Based on State regulations, both centers combined will have more than ample space for up to 138 children. The proposed operating hours are from 6:00 a.m. to 10:30 p.m. Monday through Friday. NIMMO CHILDCARE August 12, 2008 City Council Page 2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Dwelling and detached garage under renovation for proposed day care facility SURROUNDING LAND North: . Single-family dwelling zoned for office use / 0-1 Office District USE AND ZONING: South: . Single-family dwelling/ R-20 Residential District East: . Undeveloped land / AG -2 Agricultural District West: . General Booth Boulevard, multifamily, single-family dwellings / A-18 Apartment District, R-20 Residential District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area. There do CULTURAL FEATURES: not appear to be any significant environmental or cultural resources on the site. AICUZ: The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana. The use is deemed to be 'conditionally compatible' with sound attenuation measures incorporated into the building. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• General Booth Boulevard in the vicinity of this site is a four -lane, divided, minor urban arterial. There are currently no CIP projects for this section of General Booth Boulevard. The MTP indicates a future right- of-way width of 165 feet containing a divided highway with bike path, controlled access, and scenic buffer TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic General Booth 37,500 ADT 26,00 ADT (Level of Existing Land Use — Boulevard Service "C") — 34,500 ADT 296 ADT (Level of Service "E") Proposed Land Use 3- 448 ADT Average Daily Trips ' as defined by general office uses s as defined by commercial child daycare facility WATER: There is an existing water meter that may be used or upgraded. There is a 16 -inch City water main in General Booth Boulevard. SEWER: City gravity sanitary sewer is not immediately available. Private grinder pumps and extension of a force main may be an option. NIMMO CHILDCARE August 12, 2008 City Council Page 3 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Primary Residential Area, Site 4.2 Nimmo Parkway / General Booth Intersection Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Within this particular area, "Future land use, site design and building architecture should complement the historic character of the area as defined by Nimmo Church" (page 106). Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The request is compatible with the residential uses in the vicinity as well as the business areas to the north. It is likely that many of the children will come to this daycare from the surrounding neighborhoods. The site is located in the 65-70 dB Ldn and is considered conditionally compatible as long as noise reduction features are incorporated into the buildings' renovations. Quality daycare is an extremely important service for working parents. The proposed child care facility will offer hours beyond the typical work day for parents who work in the evening and early morning hours. The applicant is working with the Department of Social Services to become certified through its program. Staff's initial review was for a proposal of 95 infants and toddlers in one building and 65 school aged children in the other building. The applicant has revised their proposal based on discussions during the City Council hesaring on February 26, 2008. Staffs conclusion of the revised submittal is that the converted two (2) -story, single-family dwelling (4,800 square feet), and the structure under renovation in the rear (5,200 square feet) are of ample size to accommodate the request of up to 138 children (between both buildings). This number is below the maximum number allowed by both the Building Code and the Department of Social Services. The application indicates that the Infant Care Building (the structure to the rear) will not exceed 88 infants and toddlers and 21 staff at any one time. The Department of Social Services would actually permit up to 150 occupants in the Infant Care Building. The Before and After School Programs (in the building closest to General Booth Boulevard) will not exceed 50 school -aged children, with no more than ten (10) staff at any one time. Again, the Department of Social Services would allow up to 107 occupants. Based on the interior building layout, the Department of Social Services ultimately determines the maximum number of children based on the square footage of play and sleep areas; office space and kitchen areas are not included in this count. The ratios are 35 square feet per infant and 25 square feet per school-age child. Standards for Licensed Child Day Center, as required under the State Code (22 VAC 15-30-440), for staff to child ratio are as follows: one (1) staff member for every four (4) children age birth to 16 months; one (1) staff member for every five (5) children age 16 months to two (2) years; one (1) staff member for every 10 children ages two (2) years to three (3) years of age; one (1) staff member for every 12 children four (4) years of age: to the age of eligibility to attend public school (five (5) year old by September 30); one (1) staff member for every 18 children from age of eligibility to attend public school through eight (8) years; and, one (1) staff member for every 20 children from the age of 12 years and older NIMM.O CHILDCARE August 12, 2008 City Council Page 4 The applicant has been working with Traffic Engineering staff to develop a "safe traffic program" and has proffered that "the daycare and before/after school program drop-off and pick-up shall be scheduled in a manner to limit traffic entering the site to no more than 35 trips within any one hour time frame." The applicant has stated and proffered their commitment to educate the staff and parents on the importance of the program to ensure safe ingress and egress of the property. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on exhibit entitled "Preliminary Layout Exhibit A General Booth Office Building" dated July 27, 2005, prepared by Site Improvements Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The use of the property shall be limited to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural, and other professional offices; accounting and bookkeeping offices; (c) florist retail; and (d) educational, child day care facility, before and after school care, children summer and non -school day programs; all in accordance with a conditional zoning duly approved by the City Council of the City of Virginia Beach. PROFFER 3: Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated 16, 1991, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018. PROFFER 4: Lighting on the Property shall be directed inward and not toward surrounded property. PROFFER 5: The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatible with the adjoining residential uses and with Nimmo Church. PROFFER 6: Provide privacy fencing along the southern property line adjacent to the residential property. PROFFER 7: The daycare and before/after school program drop-off and pick up shall be scheduled in a manner to limit traffic entering the site to no more than 35 trips within any one hour time frame. A right turn lane is required if trips entering the site exceed 35 trips within any one hour time frame. NIMMO CHILDCARE August 12, 2008 City Cot cil Page 5 PROFFER & Grantor will develop a scheduled drop-off at the facility commencing at 6:00 a.m. PROFFER 9: Grantor will internally develop a safe traffic program and educate the staff and parents on the importance of the program for the safety of the children within their care as well as a safe ingress and egress from the property. PROFFER 10: In the event of the sale of the daycare and/or property, Grantor will disclose all proffers and approved site plan conditions to any potential buyer, which disclosure shall be acknowledged by the buyer in the purchase and sale agreement. PROFFER 11: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project, ensure its compatibility to the surrounding area, and provide measures for traffic safety The City Attorney's Office has reviewed the proffer agreement dated January 16, 2008, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant ,is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NIMMO CHILDCA,RE August 12, 2008 City Council Page 6 A1' wi�la1•MMMm� 110011014 0 ods AMIN VNEWV! v07 Pmm 001M ON INS Own vp 40 aft wm1p 0 ............ 0 THE SUBDIVISION PLAT FOR THIS PROPERTY ISR N U.S. 167, PG. 5. IN THE NIMMO SUBDIVISION.EXHIST A 6 2244 GENERAL BOOTH BLVD. PRELIMINARY LAYOUT * GPIN # 2414-06-6572-0000 GENERALBOOTH OFFICE BUILDING 0 ZONING: 0-1 (CONDITIONAL REZONED 11-23-93) VIRGINIA BEACH, VIRGINIA &M MROVEMW ABOOC147M M SCALE: 1 40' DATE: 07-27-05 erwNSEM sm t" aw�� 40 20 0 40 80 we,,JACK VA. 23M " mp FAX VM M -M PM 05104 scale feet PROPOSED SITE LAYOUT NIMMO CHILDCARE August 12, 2008 City Co4pcil Page 7 Min. 4- white tenon t0 Com Iement new development plans benlno tris pro—wan Mica access to tae ae i .1/1 White's Playground / 'r House A" Infant / Toddlers / Pte-SChooi e 0 F &ice round 6' Privacy Fence HVAC Units Drop OR •jo BMP Observation Well Dense Tree Line 6 Six Exits from ydwBuilding / Covered Play Ate& r6seaD s am • .a" WRMn • Southern Property Line Neclbero ° Property Use After School Play Completely Fenced Te street , r..i • taf► Oalkntg r KXTZRMj / S'rAIR1R Traffic Cones p Q A L • Roped Area Ida! •at6 wo.=MliYMa a V 7 R 6%16 • I Gates�f I— J Mai Private Curb Side �R Trash Pick -Up lY i Black Decorative Fence r �� tir VVALVE Tim m�+Qela TlMOsrMax r r Awm � r dentiftcatior Monument Si �..:.� Bt,ssttp' REVISED SINCE COUNCIL ,. DENIAL — SEE PLAN ON NEXT "'.... ,_ PAGE FOR NEW TRAFFIC FLOW - -OUT IN mOiK RDQBI ■.q " "� 2" DETEC` OR CIJECK rra+•i .¢r) (BY Cm FORCE) 16'. r TAPPM BLEW AND VALVE SITEx t-IFE WI COWXM TIMM MOCK SITE Q • THE SU901VISION PLAT FOR THIS PROPERTY IS IN M.B. 162, PG. S. EXHIBT A IN THE NIMMO SUBDIVISION. • 2244 0: -'NERAL BOOTH BLVD. NIMMO CHILD CARE & RESOURCE LEARNING • GPIN / 2414-06-6572-0000 • ZONING: 0-1 (CONDITIONAL REZONED 11-23-93) VIRGINIA BEACH_ VIRGINIA SIM 16 MVEMENT A890CIATEA NC. SCALE I" = 30' DATES 07-27415 TM t6AL pINOMMAM prznl�S/�7E ,co 40 20 0 40 BO rROU 9EACH. VA. 23482 "M- 6mommommuld : 1"M 0 m7) 4?v_1 o FAX fnn 0-0010 scale feet 05104 PLAN WITH ORIGINAL TRAFFIC PATTERN NIMMO CHILDCARE August 12, 2008 City Council Page 8 i a a sr�r�' d pCt Agan.+ aw or �s _ • orf •rs l d d d a d d d a r �•ts' •%••y . i •r s� Q Hl�� mmor' A WN IT 162. PG. 5, Ap, , I NTo 8 -RGVM .PL,s FOR vis �ROPERn is vrRGIIR" >�xe���os 140 �qA�; 07-2 SO « ZHE stlBDl'As1o>su9DMsloN• i'r-¢ '40 40 TME TllMklOAI- BLVD- 23— 0 feet * i�44 Gp1ER 8055 2..0000 ED 11- g3 20 « GPiN $ 241 1 Dil►OHp`l�NC;. 0-1 « ZONING L SCG18 RAr tG r - `Q 1!'� � SAtoc r 0 cmc' �N FOR T #00�,REVISEa LAN 1 CHILDCAR t�+ NIMM CRY COOP W August 12, Z�jt}8 page 1 01/23/07 REZ R-20 to Conditional B-2 Granted 2 05/25/99 REZ (AG -1 & 2, R-20 to Conditional A-18 Granted 3 03/14/00 MOD of PROFFERS (0-2 to Conditional 0-2 Granted 4 01/11/00 CUP church Granted 5 11/22/05 111/23/93 REZ (0-1 to Conditional 0-1) REZ R-20 to 0-1 Granted Granted 6 08/08/95 REZ R-20 to 0-1 Granted 7 01/28/92 REZ R-20 to 0-1 Granted 8 04/25/88 Street Closure Granted ZONING HISTORY NIMMO CHILDCARE August 12, 2008 City Council Page` 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Donald G. Pratt, Property Owner of Property, Nimmo Childcare & Resource Learning Center, Inc. Mn Kaplan, Co -Owner Nimmo Childcare & Resource Learning Center Inc. 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) None ® Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Donald G. Pratt 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Nimmo ChildCare & Resource Learning Center, Inc. ® Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No x If yes, what is the name of the official or employee and the nature of their interest? Moditabon of Conditions Applashm Page 10 of 11 Revised MIN DISCLOSURE STATEMENT NIMMO CHILDCARE August 12, 2008 City Council Page` 11 W DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Fine, Fine, Legum & McCracken - Moms Fine, Attorney Ocean View Engineering, Knsta Lonesome, P.E. & Inici denne, Arron Cooper Raar b Fire I�intanfinn Cliff r"hy ' 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose 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. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the 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 Departrnent of Planning to photograph and view the site for purposes of processing and evaluating this application. Ann Kaplan A71b �nfSig re, Print Name Donald G. Pratt P rty Owner's Signature (if different than applicant) Print Name Modification of Condit m AppkWw Page 11 of 11 Revised 7/3=7 DISCLOSURE STATEMENT NIMMO CHILDCARE August 12, 2008 City Council Page' 12 Item #13 Nimmo Childcare & Resource Learning Center, Inc. Modification of Conditions 2244 General Booth Boulevard District 7 Princess Anne February 13, 2008 CONSENT Joseph Strange: The next item is item 13, Nimmo Childcare & Resource Leammg Center, Inc. An application of Nimmo Childcare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993. The property is located at 2244 General Booth Boulevard, District 7, Princess Anne, with eleven (11) proffers. Janice Anderson: Welcome Mr. Fine. Morris Fine: Ms. Anderson. I'm Morns Fine, and I represent the Nimmo Childcare & Resource Learing Center, Inc., and we thank you for putting us on the consent agenda. We are aware of the proffers and the modifications that need to be done for this childcare center. We thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley to review this item. Al Henley: Thank you. The property is located at 2244 General Booth Boulevard Just north of Nimmo Church. The property was rezoned to 0-1 Office District in 1993. On November 22, 2005, the City Council approved a modification of the proffers submitted with that rezoning. In 1992, the existing two-story barn located in the rear of the property was slated for removal. The recent modification in 2005 removed that condition and revised the proffers to allow the existing structure to remain and be expanded. The current request is to modify Proffer 2 of the 2005 rezoning and permit childcare facilities on that property. Proffer 2 does not allow childcare or education facilities on this site; therefore, the applicant is requesting to modify that proffer to include those uses. The hours of operation are from 6:00 a.m. to 10:30 p.m. Staff has recommended approval of this application, and therefore, the Planning Commission has placed this item on the consent agenda. Thank you. Joseph Strange: Thank you Al. Madame Chair, I have a motion to approve agenda item 13 Janice Anderson: Do I have a second? Donald Horsley: Second. Janice Anderson: We have a second by Mr. Horsley. Item #13 Nimmo Childcare & Resource Learning Center, Inc. Page 2 AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By vote of 11-0, the Board has approved item 13 for consent. Janice Anderson: Thank you. VIRGINIA BEACH CITY COUNCIL February 26, 2008 6:11 p.m. FORMAL SESSION APPLICATION OF NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC. FOR MODIFICATION OF CONDITIONS VERBATIM CITY COUNCIL Meyera E. Oberndorf, Mayor Louis R. Jones, Vice -Mayor William R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley Reba S. McClanan John E. Uhrin Ronald A. Villanueva Rosemary Wilson James L. Wood CITY MANAGER: CITY ATTORNEY: CITY CLERK: At -Large Bayside - District 4 At -Large Kempsville - District 2 Centerville - District 1 Princess Anne - District 7 Rose Hall - District 3 Beach - District 6 At -Large At -Large Lynnhaven - District 5 James K. Spore Leslie L. Lilley Ruth Hodges Fraser, MMC DEPUTY CITY CLERK SARAH DEAL JENKINS 1 2 CITY CLERK: Your Honor, the next Item is the Nimmo Childcare & Resource Learning Center, Inc., for Modification of Conditions at 2244 General Booth Bculevard, and I have no one registered to speak on this. Is there anyone present representing? Please, come forward. MAYOR OBERNDORF: Are you speaking on behalf of this daycare center? CITY CLERK: What is your name? ANN KAPLAN: Ann Kaplan. MAYOR OBERNDORF: Good evening. CITY CLERK: Are you the Applicant, yourself? ANN KAPLAN: Yes. CITY CLERK: Thank you. Is that -1 -a -n? ANN KAPLAN: K -a -p -l -a -n. CITY CLERK: You have ten minutes to present your case. ANN KAPLAN: Nimmo Child Day Care Center & Resource Learning Center is a different type of day care center and after-school enrichment program. It is in a residential setting. The house is 4,800 square feet. The infant day care building is 4,800 square feet, and it has been expanded to modify for a specific childcare facility. We have about 1,500 square feet dedicated to infants and toddlers, and for the infants from infant from zero -- I mean, from six weeks to eighteen months, and then as soon as they reach nineteen months they move to another room, in which they are until two to two -and -a -half, depending on if they're potty trained or not, then they move upstairs to we have four rooms up there for two -and -a -half -year-olds, a three-year-old room, and a four -and -a -half to kindergarten age. And it's pretty much like a cookie -cutter, grandmother -look to the building. The after-schoolers have a very unique building. It is a residence. They have in the former -- formal den they have their homework room. In the formal living room, dining room, they have a homework room, computer station, they have a 3 library, and then they have the entire upstairs for games, for TV, for video, for music, for active arts and crafts, active play. And then the 3rd and 4th Graders and 5th Graders are not confined but brought downstairs if they want their own play space in the former garage, and then we have an area for them to play in outside. We tried to make it a camp environment, a club environment, a very enriching environment for them with qualified staff. MAYOR OBERNDORF: Are there any questions for our Applicant? Mr. Villanueva? COUNCILMAN VILLANUEVA: Thank you, Mayor. I noticed the diagram in the Application here. Talk about the traffic flow. ANN KAPLAN: The traffic flow, when they come in it's a shared -- the driveway is an ingress and egress. They will come in and park. We're still under construction. The parking lot is not yet complete. But where you'll see all of the different hatches, that's the path of travel for the cars to park. The infant building is in the very back with the little square next to it, and the after-schoolers are in the front. They'll dust, we've got it staggered. When we do our -- what I did with traffic is when the children come in in the morning we will know the amount of kids at a given time that will be coming in before care, and we've staggered our times with their parents where they'll sign in and take a fifteen -minute slot to come in and drop their children off so that we can manage our parking and manage our traffic so that we don't have any congestion in that area. COUNCILMAN VILLANUEVA: What's the capacity for the building? ANN KAPLAN: Oh, do you have to ask? I don't remember. I'm sorry, I'm nervous, and I don't remember the total capacity. I think it's sixty, between fifty-five and sixty kids in the after-school building, although Department of Social Services said we can have more. Building Code says we can have more, but we're not going to do that because I don't want my staff or my children to have to worry about, well, if I've got twenty-five kids on the first floor and seventy-five kids on the second floor, if they want to come down to the first floor and do other activities and do things, I don't want to have to worry about where they are in ratio. This way I'm always in ratio no matter where they go; up, down, and across, they're in ratio. 4 The infant building I don't think it will be more than a hundred and a hundred and ten, although I do have more. For example, in my four-year-old classroom, I could have up to thirty-five children. I can't physically vision having thirty-five children in that room. Twenty to twenty-two is all I want, so that I can bring my three -year-olds in so they can do activities with my four -year-olds because that room is so large. So, I'd rather have a quality program, as opposed to crowding the kids in. So, we're really limiting the number for quality. COUNCILKkN VILLANUEVA: Thank you. MAYOR OB]ERNDORF: What is your pupil/teacher ratio? How many adults will be supervising how many children? ANN KAPLAN : The infants, I think it's 1:4 ratio, and the toddlers are 1:5, then differen': ages, like the three, four, and five -year-olds, I think it's 1:10, and then when you get into the after-schoolers it's 1:20. We have, we're planning on having, adequate staff where I also have floaters for additional programming. So, I've got a Director and a Program Director that are not assigned to a particular class, but they are going to be involved in different activities related to the education and special activities that I've got planned for the children. And the toys, by the way, are not going to be institutional -type toys. I've really decided that Discovery Toys, toys from Ikea, classic -:oys that we all grew up with and raised our children with are the toys that I'm bringing in for our children and our babies in our center. MAYOR OB]ERNDORF: Mr. DeSteph? COUNCILbCkN DESTEPH: I was dust reading the State Standards for it. I dust wanted to make sure that what you're understanding of it is the same as our understanding of it. It says, "One staff member for every child age birth to sixteen months". So, there's 1:1 if they're sixteen months and below. "One staff member for every five children from sixteen months --" ANN KAPLAN : I said every four, but it's every five. COUNCILKkN DESTEPH: "-- to two years. And then one staff 5 member for every ten children age three to public school age or age five by September 30th." ANN KAPLAN: Right. COUNCILMAN DESTEPH: "And one staff member for every will eighteen children --" ANN KAPLAN: it's 1:4. Is it 1:5 or 1:4? You're correct. I made a mistake. COUNCILMAN DESTEPH: "-- from the age of eligibility to is citing the Virginia Code, attend public schools through eight years old." I dust want to make sure that it's a 1:1 ratio for sixteen months and below. it's 1:4. It's either 1:4 or ANN KAPLAN: 1:5. Yes. COUNCILMAN DESTEPH: COUNCILMAN DESTEPH: And one for every five sixteen months Les, I'm reading off Agenda Item 13, Page 4, to two years. paragraph from the bottom. ANN KAPLAN: Correct. COUNCILMAN DESTEPH: And then, again, always complying with State Standards from there forward. ANN KAPLAN: Right, and we will never be under ratio with our staff. MAYOR OBERNDORF: So, any child under sixteen months will have one adult assigned to them? ANN KAPLAN: No, it's 1:4. Is it 1:5 or 1:4? COUNCILMAN DESTEPH: According to this, it says, and I'll read specifically out of this, which is citing the Virginia Code, it says "For staff -to -child ratio as follows: One staff member for every child age birth to sixteen months." ANN KAPLAN: No, it's 1:4. It's either 1:4 or 1:5. I think it's 1:4. COUNCILMAN DESTEPH: Let's get clarification from the City Attorney. Les, I'm reading off Agenda Item 13, Page 4, third paragraph from the bottom. ANN KAPLAN: I believe it's 1:4, because you can't one staff member to one baby if you're charging -- it's 1:4 or 1:5, and then it's 1:5 for the toddler;, and then it's -- well, I'm pretty sure I'm right. COUNCILbEAN DESTEPH: I'll be honest with you, when I read through the Application this weekend I dust went with this. And when you said one for four, it was different from what I thought I read, so I went back to this. ANN KAPLAN: It's either going to be 1:4 or 1:5, and I don't have -- if I had know that I had to go like this, I would have brought my Department of Social Services book with me, but it's not 1:1. You don't have a 1:1 ratio with infants. You have a 1:4 or 1:5. I think it's 1:4, because if I have twenty infants -- if I have sixteen infants, I have four staff members. COUNCILMAN DESTEPH: All I'm going off of is what it quotes here in the Virginia Code. But, Les, if you can clarify? ANN KAPLAN: But it's not Virginia Code Book, it's the Department of Social Services Code Book. And dust like for the space, if I have, for square footage, it's thirty-five for infants and twenty-five for toddlers. COUNCILMAN DESTEPH: I'm specifically reading where it says, "Standards of Licensed Child Day Care Facility, as required under State Code (22 VAC 15-30-440)." So, I'm assuming that that's the Virginia State Code until the City Attorney tells me otherwise. CITY ATTORNEY: Mr. DeSteph, it's the Administrative Code. Mr. Macali can go try to pull it up on the computer. We don't have a set of those in here with us, but it is online and he can try to find it for us. COUNCILMAN DESTEPH: Okay. ANN KAPLAN: But it is either going to be 1:4 ratio or 1:5 ratio, but whatever the ratios are that's geared by the Virginia Department of Social Services, those are the guidelines we have to follow, and those are the guidelines that all the other child day care centers follow. MAYOR OBERNDORF: Mrs. Henley? COUNCIL LADY HENLEY: What we're approving doesn't have any -- none of the proffers establish a number for the number of children. And, therefore, if we 7 approve this, as I read it, we would be approving it to whatever the uppermost level of the Social Services Code would allow, not necessarily -- and even what you say you're going to have is up to a hundred sixty-five children. That is an awful lot of children on a site that's less than an acre when a part of that site, a large part of it, has to be taken up with parking and driveways and so forth. It dust seems to me that this is a pretty intense facility. I would be scared to death to have one person for even four children under sixteen months. I don't want but one at the time. It dust seems to me that we've got an awful lot of children, an awful lot of young children, in a facility that is quite a lot. And the hours are going to be from six in the morning until ten thirty in the evening? ANN KAPLAN: We're going to stagger some of our care to accommodate families that have second shift, that work second shift, because right now there are very few centers that cater to that. So, we would have to stagger the number of children based on Social Services Guidelines and how they do second shift facilities. So, we've been approached by several parents who have children that that's what they require, and that's what we've been asked to accommodate. COUNCIL LADY HENLEY: So, you're going to be having, see, what we're saying that we're going to allow on the use of this property, educational, child day care facility, before -and -after-school care, children's summer and non -school day programs. ANN KAPLAN: Correct. COUNCIL LADY HENLEY: And so, this will be in the summer you would have -- ANN KAPLAN: Well, some of those summer programs, though, are not on the site for the after-schoolers. I have a naturalist educator who I'm consulting with right now that hopefully she'll come on board, and when she does, and I'm pretty sure she will, we plan on taking a ma]ori.ty of those children out and they're not going to be on the property. They'll be there in the morning, then they'll be transported by bus either to the Virginia Marine Science Museum or to Back Bay or over to the Chesapeake Bay Preservation areas or somewhere where they're out doing things and on field trips going to Busch Gardens or to the beach or doing other things that kids like to do in the summer. El So, I really don't want the children to be -- I want to do them like we would do them with our own kids. I want them out and about and doing fun, enriching, but educational, but things that they want to do. Our center will most likely have a debate team. It will have a volleyball team partly because one of the girls that we have is interested in volleyball. She's a high schooler and she's on the volleyball team and looking for scholarships in that for her college. COUNCIL LADY HENLEY: Where would they play volleyball on this site? ANN KAPLAN: Well, we would take them off site. There are places over on Shore Drive that have volleyball nets that they would do that in the summertime. So, we're not, I'm not, going to dust keep fifty-five or sixty kids in a 4,800 square foot building seven days a week or six days a week or five days a week. I want them to get out there and do other things. COUNCIL LADY HENLEY: Will this be open seven days a week? ANN KAPLAN: No, dust Monday through Friday. COUNCIL LADY HENLEY: Monday through Friday. ANN KAPLAN: Monday through Friday. COUNCIL LADY HENLEY: Five days. ANN KAPLAN: And we may have barbecues on a Saturday, you know, or little fun things for the kids to do, but it won't be open for day care. COUNCIL LADY HENLEY: In looking at the site that we have, I'm trying to see where the outside playground areas are. It seems to be that right next to that single-family house that's next to it you would have the sidewalk games, scooters, and gym activities next to the toddler building? ANN KAPLAN: Well, actually, we're considering moving that, not because there's a single-family residence on that property, but we're thinking of moving it over to where the former garage used to be because where you can see that encircled area we have a wood shed. It's a former Colonial -style wood shed, and if we fenced that in, that whole area in, the kids have another area that they can play in. E And then if you look in the back behind the child day care building, that whole area, including the covered space, the covered space can be used for after-schoolers for other activities, as well. And we can use part of the parking lot, because I don't need that whole big parking lot for parking for my staff. It was meant for when we were doing offices for 0-1, so I have a larger parking lot than any of the other day care centers, with the exception of Rainbow Station. So, I have considerable size back there. COUNCIL LADY HENLEY: It kind of sounds like all of this is being sort of shoe -horned into place, and it's a very pretty house, residence, that was built a number of years ago, and of course General Booth changed and became a commercial corridor. And it's a lovely building, but to care for up to a hundred sixty-five children on this site, I'm worrying about our responsibility to the children. And I know you have all very good intentions, but I would dust like to see a little bit more of something tied down. As I said, we don't have any numbers in what we're approving, so if we approve this we could actually be approving up to, you say, the Social Services have a much higher limit than what you're wanting. ANN KAPLAN: No, they have a much lower limit than what the City -- COUNCIL LADY HENLEY: I know, but we're not even -- ANN KAPLAN: -- planning, from the Occupancy Code, they are a much lower limit. COUNCIL LADY HENLEY: Pardon me. ANN KAPLAN: I'm sorry, but they a much lower limit. It's 2,500 -- it's 25 square foot for children per child in the classrooms in usable space for them and 35 for infants. COUNCIL LADY HENLEY: However, Mr. Whitney, we don't have in our proffers, we don't have any limit here. So, if we approve this, it's being approved with no limit. JACK WHITNEY: Yes, ma'am. COUNCIL LADY HENLEY: No numbers. JACK WHITNEY: Currently, there's no proffer 10 included having to do with limiting the number of children. COUNCIL :LADY HENLEY: Right. JACK WHITNEY: Below what the State Standard would be. COUNCIL :LADY HENLEY: So, if we approve it, we could be approving it up to the maximum of the State limit. JACK WHITNEY: Yes, ma'am. As they are currently proffered, that would be true. COUNCIL ]LADY HENLEY: There's no limit to the number. It would dust be the State limit. JACK WHITNEY: Yes, ma'am. It has not been proffered. COUNCIL LADY HENLEY: I dust would feel uncomfortable in approving it as open as it is at this point, and we dust don't have a very good sketch. I mean, if we're approving that site improvement and you say you're going to really change it for the outdoor facilities from what we're approving, you see, we would be approving as shown on this exhibit. ANN KAPLAN: I mean, it could stay right where it's at. I have no issue keeping my playground exactly where it's located. You raised the issue about it being extra residential space, so I was giving you a suggestion that it can be flipped to the other side. I can do away with it altogether on that and dust leave it dust in the back where it is currently. I mean, I have enough, according to Socia:_ Services, for the amount of space that I need for all the children, given the amount of time the after-schoolers are going to be in the building, and as long as I have a plan of action, I would be within compliance. We've also added extra insulation to the building to avoid having extra sounds outside of the, you know, in the interior; it's pretty much soundproof with double insulation in the way the construction is. We've kept it within the Colonial design and the integrity of the design of the main building. MAYOR OBERNDORF: Mr. DeSteph? COUNCILMAN DESTEPH: Actually, ma'am, I'll stand 11 corrected. What was in our Agenda is different from what the State Law is, and that comes under, I guess, it's the Virginia State Code. But it's "Staff -to -Child Ratio", and it says: "For children from birth to the age of sixteen months, one staff member for every four children; for children sixteen months to two years, one staff member for every five children; for two-year-old children..." And then this is through school age, then you're talking about one staff member for every eight, etcetera, etcetera. COUNCIL LADY HENLEY: For every eight? ANN KAPLAN: For the two, three, and four -year-olds, it's 1:8. COUNCILMAN DESTEPH: Yes, that's correct. And then for five years through then you go one for every ten children, then it goes up to one for every eighteen children, then one for every twenty children from nine years through twelve years. ANN KAPLAN: So, that's why we have certain age groups that have to be segregated -- not segregated but you dust have to make sure you have the appropriate amount of staff for the lowest amount of the denominator. So, in the after-school program, I have to have more staff members because I have five -year-olds or Kindergartners, lst and 2nd Graders; they have a higher ratio of teachers, so we'll accommodate for that. COUNCIL LADY HENLEY: What are your credentials? ANN KAPLAN: I have a Bachelor's Degree in Business Administration. I have spent thirty years, over thirty years, in education sitting on Boards of child day care centers -- not child day care centers -- religious educational centers and day care facilities in the religious communities. COUNCIL LADY HENLEY: You've been on Boards? ANN KAPLAN: I've been on Boards. COUNCIL LADY HENLEY: Have you actually been a teacher or operated -- ANN KAPLAN: Yes, I have. I've taught for over ten years. COUNCIL LADY HENLEY: What did you teach? 12 ANN KAPLAN: I taught 5th Grade and I taught Pre -School, and I also was the Jewish Lay Leader for Rhein -Main Air Base, Germany, for three years, and I was in charge of all of their educational requirements for all of the kids from Pre -School through 5th Grade. COUNCIL LADY HENLEY: And what will be your credentials for the people you will hire? ANN KAPLAN: My lead teachers, I would like for them to have at least a minimum of two years, a year to two years of actual experience, whether it's in a day care facility or a teaching certificate or license to teach in a public school, especially for the two -year-olds to three -year-olds and the four -year-olds in my Pre -K program. In my infant program, I really would like to see someioody not only qualified in the educational background of it but really a mom's mom, because that's what those babies need. My assistants, they have to meet a certain criteria within the Department of Social Services, dust like my teachers do, my lead teachers. They have to have a minimum of two months of experience, but I can train them so they would have to be matched with somebody who's already qualified in there in order to get them to their standard. They will all be First -Aid trained. They will all have medication training. They will all have CPR training, and they will all have Food Certifications. COUNCIL :LADY HENLEY: Do we have those written down so that it's a part of the proffer? ANN KAPLiW: Pardon? COUNCIL :LADY HENLEY: Do we have these credentials written down so that it's part of the proffer? ANN KAPLAN: No, it's not. I can have Mr. Fine accommodate the proffers as written in the Department of Social Service Regulations. I don't have a problem doing that. But, I mean, I would like my staff to be as qualified as we can, higher than the standard that's in some of -=he day care centers. But, you know, I'm not going to hire unskilled labor, although you have no choice in your aides, assistants or volunteers, because you want to bring them into the fold, so you provide,training to bring them up to the standards. 13 COUNCILMAN DIEZEL: May I ask a question? MAYOR OBERNDORF: Yes. I was asking Mr. Wood, and I'll come right to you, Mr. Diezel. COUNCILMAN DIEZEL: If I don't forget it. MAYOR OBERNDORF: Write it down. COUNCILMAN WOOD: I don't know if Mrs. Henley is done or not. COUNCIL LADY HENLEY: Go ahead. COUNCILMAN WOOD: I guess, my concern about this is the large number of children that are permitted here. And the number of a hundred sixty-five in here dust really, really, scares me. I've heard you throw a couple of numbers out here. Definitively, how many students, children, will you have there at any one point? ANN KAPLAN: I don't know. I mean, I can't -- I can say "this is what our plan is", and then maybe I only get ninety kids for the infant program or the infant -toddlers. I mean, there's only sixteen infants that I can have in one of my rooms. I can only have, I think, twelve -- I think it's sixteen infants when you take away the -- when you calculate the number of cribs and then you have to calculate the space that the furniture is taking, the furnishings and the toys take up, you have to deduct all of that. So, in one of the rooms I've got sixteen, I've got twelve -- COUNCILMAN WOOD: Your business model, I mean, you've clearly done a -- ANN KAPLAN: I didn't bring it. If I had, see, I can't, and I, if I had my business model with me, because I didn't know I would be speaking in this manner with you all, I would have had everything laid out if I had known that in advance. But I've been blindsided and I don't know. I mean, I'm not prepared for all these questions because I don't have anything with me. And the Department of Social Services regulations are very specific for the number of children based on space. COUNCILMAN WOOD: I'm actually more concerned, not so much about Department of Social Services regulations, but about the specific use of this 14 property. It dust seems to me a hundred sixty-five children in a 4,800 square foot building, even if it's -- ANN KAPLAN: It's not 4,800. I have 9,300 square feet; 4,800 of it is in one building, 4,500 in another. COUNCILMAN WOOD: 4,500 in the other. But did you not say that you were going to keep one set of kids, you had to separate them? ANN KAPLAN: My infant -toddlers are on the first floor. My 2nd Graders -- my two -and -a -half -year-olds, my three -year-olds, and my four -year-olds are upstairs. My after-schoolers and Pre -K, Kindergarten children, are in the main building. COUNCILMAN WOOD: Would you be willing to agree to a maximum, a lower maximum number? ANN KAPLAN: Not without doing dollars and cents to see whether or not I'm going to break even on my expenses. That would be unfair of you to ask, unless I could do that. I mean, what number are you looking at? COUNCILbEkN WOOD: Something significantly less than a hundred sixty-five children, in my opinion. ANN KAPLAN: And in your opinion, what number are you looking at? I mean, you can't expect me to come up and say "agree to a number less than" if I don't know what that number less than is. COUNCILMP,N WOOD: I'm sorry, ma'am. I would have expected you to have been prepared to answer questions tonight since it is a hearing. ANN KAPLAN: If I had been told or if I had been made aware, and I have asked a lot of questions during this whole process, I would have been more than happy not only to provide you not dust with facts but with pictures and diagrams so that you could see how the flow of the building works, what our programs are going to be, dust like the functional plan I did for the Department of Social Services„ I'd be more than happy to do that and to break down numbers :_n any way that that would suit the Council so that they can see that this is well thought out and well planned. 15 Our building, I mean, we have, I have, one family that has five children, and two of them are after-schoolers and two of them are infant -toddlers -- three of them are infant -toddlers, one is twins and one is a toddler, so that's one vehicle that will come into the center and one goes out. I mean, so I've done my math, I've done my traffic, but I haven't convinced you. COUNCILMAN WOOD: Well, you haven't actually given me any numbers. COUNCILMAN DESTEPH: Madam Mayor? MAYOR OBERNDORF: Mr. Diezel, and then I'll come back to you, Mr. DeSteph. COUNCILMAN DIEZEL: It sounds as though, in terms of the concerns that I hear, and I have a couple, myself, that this might be an Item that should be deferred until you are ready. ANN KAPLAN: Well, I am ready. I dust didn't know that this is the type of -- I did not realize and I was not informed by anyone that this is the type of questioning that I would be presented with tonight. I was told that -- COUNCILMAN DIEZEL: The reason you're here is if someone had objected, as the Mayor indicated, from the audience, now -- ANN KAPLAN: I didn't hear anybody from the audience have an objection. COUNCILMAN DIEZEL: -- if someone were here, we would pull it. Your Application doesn't have any guarantees with it, other than it will be reviewed and voted on. Let me switch gears on you a little bit. You talk about some standards through your staff, which I understand. Are they ground in the requirements coming from Social Services coming the other way? ANN KAPLAN: Yes. Social Services has very specific guidelines for not dust directors, program directors, lead teachers, assistants, those who can perform medication, those that are qualified for First Aid, how many you have to have in a building, what -- yes, all that. COUNCILMAN DIEZEL: I'm clear with the -- it's not a MR. trick question. I wanted you to let the rest. of this Council know that you dust can't go out and hire folks off the street. ANN KAPI.AN: No. And there are background checks on every single employee, and Department of Social Services has requested, it's not mandated, but they have requested all day care centers considering the 9/11 situation that they also do background checks on all vendors. They can't mandate it but they do ask us to do that, and we plan on doing that as part of our business plan. COUNCILMIAN DIEZEL: My mayor concern is, and I have to direct it to staff, when I saw this building in a residential setting, I thought something must be wrong with the Building Codes that I'm familiar with. The level of care for infant safety is three times higher than it is for a single-family dwelling. What is it they're doing inside this building from a safety envelope for these infants and toddlers? We have full-blown commercial sprinkler system? ANN KAPLAN: Yes, we do. We have a full-blown sprinkler system that's actually been installed. We have fire -rated insulation. We have fire wall -- we have fire -rated wall boards. COUNCILMAN DIEZEL: I'm delighted to hear that. ANN KAPLAN: We've added spacers. We've added brand new heat and air system with the air ventilation system that goes with that so that they get the fresh air coming in. We've added extra doors, so every door on the first floor, every room on that first floor has egress doors, exits from their room. So, that way they're not taking up any space in the hallways for the children coming down off the second floor. So, they have direct means of access. Pardon? COUNCILMAN DIEZEL: Egress directly to the outside? ANN KAPLAN: Directly to the outside. COUNCILMAN DIEZEL: Well, I'm delighted to hear that, because you're ahead of most people that come down. ANN KAPLAN: We have our cameras. We've added 17 cameras to every room. We have a phone system so that the teachers have access to a telephone at any given moment with an intercom system included in it. Of course, we have the special lighting and the required lighting. We've added extra smoke detectors, not dust in the kitchen, but up in the attic. We've been working very diligently with the Planning Review Examiner, Andrew Bankowski, and with Ernie Scofield. They have taken this plan, our building, personally involved in the design of how our fire system, how our evacuation is going to be. By the time I get to Department of Social Services, there isn't going to be anything left for them to do except go "wow", because they have taken a very active approach to this. They've been out to the property. Mr. Scofield has come in and made recommendations, "Hey, I think we need to add more sprinklers," and we've done that. We've done everything we can do to make this building safe. We're not putting carpeting on the floor, only area rugs. We've decided to put the flooring on the first floor to avoid health issues so that we can take the carpet up and have it cleaned so that the babies don't have all those problems. We've also done the same thing on the second floor. We've put hardwood floors up and we're putting area rugs, thick rugs, but area rugs up there so that the children can then play on those but then roll them up and have them cleaned and put new carpet down so that we're constantly keeping the area clean. So, we've got that part down. COUNCILMAN DIEZEL: My comfort level went up 100%. ANN KAPLAN: I mean, I've even added extra bathrooms upstairs for the little kids, the little toilets. And then we have on the 4th Grader -- the four -year-olds, I have another private bathroom in there not dust for staff but for the four -year-olds in case they need to go in class so they don't have to disrupt the flow of whatever we're doing. I have plenty of sinks. I've got special sinks dust for handwashing, for diapers -- I mean, for handwashing, for bottle washing and for handwashing, they're separate. I mean, we really have made this as safe and as flowing as possible in keeping with the safety of the children in mind. MAYOR OBERNDORF: Mr. DeSteph? COUNCILMAN DESTEPH: I guess, my questions have been answered with some of Harry's. It just took a few minutes for it to get out. MAYOR OBERNDORF: Mrs. Henley? COUNCIL LADY HENLEY: It sounds as if you've already been doing your building. I'm surprised that you were able to get the Building Permit to do -- ANN KAPLAN: COUNCIL LADY HENLEY: ANN KAPLAN: We asked for -- -- I'm sorry but I'm -- -- I apologize. 18 COUNCIL LADY HENLEY: -- to get the Building Permit before you had the approval of the City Council. Maybe Mr. Whitney or Mrs. Lasley can let me know what's gone on. JACK WHITNEY: She has applied and has received a Building Permit, but that is at her risk. That is not activated until she has approval by this body to allow it as a modification of the existing conditions which do not allow day care on the site. That was done at her risk and it's written in the agreement. COUNCILMAN WOOD: What kind of Building Permit does she have? ANN KAPLAN: I have a Building Permit. COUNCILMAN WOOD: Excuse me, I was asking Mr. Whitney. I mean, she cannot have a Building Permit for a child care facility, but dust has already stated that she's installed a sprinkler system and fire -rated doors and that sort of thing. JACK WHITNEY: She's got a Building Permit that includes all the Code provisions for the operation of a day care facility. Again, that was applied as it would in any case at the risk of the Applicant with no insurance. COUNCILMAN WOOD: So, it's a Shell Building Permit? JACK WHITNEY: I'd have to get you the appropriate language on that one, Mr. Wood, but nothing about that allows any operation of a day care center until these conditions are approved by this Council. COUNCILMAN WOOD: I understand that, but it's dust, 19 well, I mean -- COUNCIL LADY HENLEY: You mean, somebody could go out and at their own risk build a service station on a lot and get the Building Permit for that before it's approved, as long as it's at their own risk? JACK WHITNEY: No. I believe what they could do is get the permit portion of it ready to go, but the actual construction without the necessary zoning clearances wouldn't be allowed. COUNCILMAN WOOD: Excuse me, Madam Mayor? MAYOR OBERNDORF: Mr. Wood? COUNCILMAN WOOD: There's absolutely no way. I mean, you cannot, when you go in and get a Building Permit, they ask you what the use is. And this is what I do for a living, and I can assure you that if you go in and say that "I'm getting a Building Permit for a child care facility", they're going to take a look at the zoning. They're going to take a look at all ,of that and determine whether or not you can do that. So, either she got a permit for the child care facility by mistake or she got a permit for a shell building or something like that or office or what have you. But, I mean, the kind of stuff that's being done is not typical for office or shell building or anything like that, and that's what concerns me. I mean, this Applicant is clearly spending a lot more money and doesn't have any guarantee at all that this is going to pass. ANN KAPLAN: Can I say something? MAYOR OBERNDORF: Please? COUNCILMAN WOOD: Sure. ANN KAPLAN: In regards to the Building Department, they have been very cooperative in allowing us to construct. It is at our risk. We've also, regardless of whether we have a child day care center, which is our hope and our desire, if we decided in the future five, ten, years down the road, we would still have had a sprinkler system installed in the property. That was something that was already talked about prior to a child day care center coming in, because if we wanted to lease out the 20 property in the future to a religious organization for office space and they wanted to hold a prayer meeting, a sprinkler system for assembly would be required. So, we felt that it only adds to the value of the building putting in a sprinkler system for the protection of any future tenant or any future use, irregardless of having a child day care center. In the phase that we are in right now, we don't want it to be converted to another use because child day care center is where we would like it to be, and I have a tenant for that; well, I am the tenant, but we have made substantial provisions for a child day care center, but that's where we are. MAYOR OBERNDORF: Mrs. Wilson? COUNCIL LADY WILSON: Thank you. I think you're hearing a lot of concerns that probably you didn't expect. ANN KAPLAN: I did not expect it, to be honest. I really feel like I've been blindsided. COUNCIL LADY WILSON: And I wanted to follow up with what Mr. Diezel said. It would probably be a really good idea to see if we could defer this to give you a chance to prepare more, and you may have a better idea of what some of our concerns are now than you did before you came in here. ANN KAPLAN: I wish I knew what you want to hear or what you were looking for, because I really don't. I mean, Mr. Wood wants me to reduce my number, and yet he won't give me a number to go by. COUNCIL .LADY WILSON: But that's not for the people up here to give you a number. What we are, I'm very concerned about that one sixty-five, and I believe you said you were going to have a hundred and some; you had mentioned some numbers. ANN KAPL.AN: There's fifty to fifty-five children, I think, that we were planning on for the after-school program. Up to sixty would be the maximum that I would want to see in that particular building in the main residence. COUNCIL :LADY WILSON: Right. You've been talking about lower numbers. 21 ANN KAPLAN: Well, you can have more. I have 1,500 square feet upstairs, and I have approximately, usable, I don't know what my usable space is downstairs, but I'm only factoring my numbers based on the upstairs usage so that the -- COUNCIL LADY WILSON: I'm sorry. I was dust trying to help you. Never mind. ANN KAPLAN: I've got it. VICE -MAYOR JONES: May I ask a question? MAYOR OBERNDORF: Mr. Jones? VICE -MAYOR JONES: Proffer 9 says "Grantor will internally develop a safe traffic program", and then it goes on to say "and educate the staff", and so forth; have you done that? ANN KAPLAN: Yes, and traffic has -- traffic, the only thing that traffic asked was that we can't have more than so many cars coming in, I don't know what the number is, but there's a specific number that they don't want to see, because I don't have my proffers in front of me, a certain number of cars coming into the property every hour. There's a certain number. There's a magic number that he gave me. So, we've developed -- until I know how many infants and how many toddlers and how many people are actually signed up to be occupants of our building, I can't actually give you a definitive. But I can tell you, we're going to budget it by so many numbers, so many vehicles per hour coming in at any given time, and then going out would be the same way. So, I mean, we have a plan but until I have, you know, babies and moms I can't tell you how many cars, because I've got one family with five kids, so that takes care of five. COUNCILMAN DESTEPH: It's thirty-five trips per hour. ANN KAPLAN: Thank you. Thirty-five trips. VICE -MAYOR JONES: I saw that. That's what prompted my question. Thirty-five trips per hour, and according to that site plan it looks like people are going to have to come in, park their car, and back up to get out and then come back out the same way they came in. ANN KAPLAN: Yes, and no. In the mornings, and I 22 have to work this out with Social Services, in the morning I have a school bus stop in the front, so the children can get on and off -- I mean after school, have the bus stop in the front. I've already found out through the School System that I can have a bus stop at the front of my property. In the back, when they come in, my plan is to have the parents loop around. This is what I've done in other pre-schools and other religious school activities where they come in, they come down the first cross -hatch, and then come back around in the drive. So, nobody can park in those spaces during the drop-off period, none of my staff, and then the cars will come back out. So, it really moves around dust like Cape Henry does. They use part of their parking lot for drop-off and pick-up at peak hours. VICE -MAYOR JONES: See, that's not indicated there; that's why I'm asking you the question. It dust doesn't look -- it dust appears to be an unsafe s.Ltuation in that if you've got children particularly who are coming out of the building and going to cars and so forth, and people are having to come in, park the car, and back up and so forth -- ANN KAPLAN: We won't have them -- I'll have them, well, if you want, I'll redo that for you so that I'll do a visual for you that might make it easier for you to look at. VICE -MAYOR JONES: I don't think -- I think Mrs. Wilson was trying to help you in her suggestion to you, and if I were you I'd probably ask for a deferral so I could work out some of these kinks before I push this issue too far, because it may not turn out the way you like it. ANN KAPLAN: Well, I don't mind asking for a deferral, I mean, because it is in my best interest. VICE -MAYOR JONES: That's my suggestion, but I don't know whether -- MAYOR OBERNDORF: We have some other Council Members who also want to speak. Mr. Villanueva, followed by Mrs. Henley? COUNCILMAN VILLANUEVA: Ma'am, we're this tough on other Applicants, too. I dust wanted to 23 let you know that. My kids go to a Manor School set up dust like this. If you visit the Manor Schools, they've got a drop-off loop. You might want to, in your deferral in time to fix the plan better, look at their model because they have the same type of building almost, and instead of the parking spaces it's developed into a loop where parents drop off and your teachers come out. So, you might want to go over there and look at it. ANN KAPLAN: Well, that's what our plan was. COUNCILMAN VILLANUEVA: Well, it's not on here. ANN KAPLAN: But .it's not on that, because I've always been told you're not allowed to alter your site plan, so I didn't want to add any more things on it. MAYOR OBERNDORF: Mrs. Henley? COUNCIL LADY HENLEY: If everyone has asked questions, I was going to make a motion. MAYOR OBERNDORF: Well, I dust would like to. COUNCIL LADY HENLEY: Go ahead. MAYOR OBERNDORF: I really appreciate your coming here. For those of us who have grown children but remember when they were tiny, we obviously care a lot about you and the infants and the small children you'll be caring for. My concern was if you're putting two -year-olds on the second floor or the babies, somebody has got to pick them up and carry them in case of a disaster, like a, God forbid, a fire or smoke. I mean, it's not dust -- ANN KAPLAN: Babies don't go on the second floor. MAYOR OBERNDORF: They're on the first floor. ANN KAPLAN: Two -and -a -half -year-olds, only, three -year-olds, and four -year-olds can go on the second floor. Infants and toddlers cannot. Infants have to have a crib. I have to have five cribs that have rollers on them so that I can pick up all my babies and put them in and roll them out. My doorways have been accommodated for that. MAYOR OBERNDORF: And how will you get your 24 two -and -a -half and three -year-olds out? ANN KAPLAN: There's -- I have four ways for them to -- I have two ways for them to come out of the rooms. When they come out of the rooms, they go, each half of the building come out of the rooms and go straight down and out the building. MAYOR OBERNDORF: How do they? Do they come down on a stairway outside of the building? ANN KAPLAN: They come on a stairwell. The stairwell is fire -rated wall board. MAYOR OB;ERNDORF : It's i.nside? ANN KAPLAN: And sprinkler system, and insulated with fire wall -- fire insulation and we have the automatic doors that close so that they are basically safe. And Andrew Bankowski and Ernie Scofield have done a wonderful fob designing and helping us design a safe egress down those stairs for the children with no voids so they have everything they need plus the extra sprinkler system in that area. MAYOR OB]3RNDORF: Well, I'm not obviously going to get in the way. Maybe, if we had had the chance to actually see the building the way you say it's been adapted to your needs, I look at it from the perspective of when you have little children, that many little children you're responsible for, I can't imagine the adult -child ratio if you have to evacuate them or you have one throwing up and one beat=_ng up the other for a toy or something; it dust seems overwhelmingly large numbers for very young people. ANN KAPLAN: We will have more staff than what the ratio calls for because of that reason; riot because of the number of children, because all the centers have ratios that they follow. We dust felt that in our center we will have an extra staff member in the infant room and also in the toddler room. So, if the ratios call for 1:4, we'll have an extra staff member for the sixteen children. I'll have three in that -- well, I don't know how many. It:'s four, I think, so I'll have five staff members in that room. Plus, I have my director and my program director also in the building, and they are programmed t,o do different elements during the day with my babies. I have a completely different 25 staff that handles my administrative work, as well as parents, so that my director is left dealing with the children, not dust -- I don't want her doing administrative work, I want her with my babies and with my older kids. MAYOR OBERNDORF: Okay. Mrs. Henley, I'm sorry. I didn't make myself clear. COUNCIL LADY HENLEY: And my motion is going to be for a deferral, because I don't believe that we are ready to approve this, and unfortunately maybe because you were on the Consent Agenda at the Planning Commission and then got expedited here that you didn't realize that this was the spot that you were -- ANN KAPLAN: I didn't. COUNCIL LADY HENLEY: -- I mean, this is the last action, and if there's going to be any questions asked and haven't been asked to this point, this is the last chance. And I dust see that we would be writing a blank check if we approve it with the proffers as they are here. There are no numbers delineated. We have no requirements for your staff. I appreciate what you say you're going to have for your staff, but we have absolutely no way to enforce that if, in fact, it turned out otherwise. So, what I want to see is a definitive plan. I want to see a much better traffic flow, and we will have to see what the site plan is going to be. I agree with Mr. Jones. That dust doesn't look safe, if you've got all these toddlers running around there and young children and so forth. I dust see it's an accident waiting -- ANN KAPLAN: Well, the whole -- COUNCIL LADY HENLEY: -- Okay. I'm sorry. So, I want to see exactly what the plan is going to be and how it's going to work. I want to see some numbers that will set a maximum that we know we have set a maximum. The hundred and sixty-five scares me to death. I know that maybe Social Services allows more, but maybe that's more -- I don't know how they arrive at that, but I'm not comfortable approving that. And I also want to see more about your staff ratios and the qualifications of who you will have. I think in the past something I remember that was pretty -- gave us a lot of discussion when they got here, and as someone said, we do this to lots of folks because we have to ask these questions that people are concerned about we were maybe in the 0 past working with an existing school of some type that was perhaps opening in another location or something we could see actually how they were operating. I want to know how it's really going to be operated and particularly if we're going to have a facility of this nature. So, I dust would like to see much more. I think probably the staff has a good feel for what we're asking from the questions that we've asked before you come back. JACK WHITNEY: Yes, ma'am. COUNCIL LADY HENLEY: And shall we, what is appropriate, thirty -day deferral? Would you be able to get all of this together in the thirty -day deferral? ANN KAPLAN: Yes. WILLIAM MACALI: Mrs. Henley, I need to remind the Applicant and Council, really, that the proffers would have to be in at least ten days before the City Council hears the matter again. There has to be a revised site plan and quite a few revisions, so I'm not quite sure the Applicant can do it in twenty days and get them filed, but that's up to her. COUNCIL LADY HENLEY: Well, why don't we dust make it an indefinite deferral. When you have everything ready then -- ANN KAPLAN: Well, let me ask you a question. When you say "a revised site plan", I can draw a site plan without having to hire the site planner to go back and redraw the entire site plan; is that suitable for you? Or do you want a site plan from the site planner? I'm dust asking a question. COUNCIL :LADY HENLEY: I think we'd have to see something that's going to be, you know, I can draw things, too, but you've got dimensions you have to worry about, you've got radius and so forth of vehicles turning; that's going to have to be worked out. Maybe Mr. Wood can give you some more advice than I can, but I think we want something, because this is a tight site, you've got existing buildings on the site that you're having to work with, and to have all of these cars come in and out interacting with all of these children, we have to make certain that we're allowing a safe operation. COUNCILMAN WOOD: If I could follow up on what Mrs. Henley says, it needs to be, 27 what we expect to see when it comes to us here is, professional presentation, where you have all the answers to our questions or most of the answers to our questions. You have a professionally done site plan that can be submitted to the City and can be acted upon. You at least have renderings of the building. You have details of the building that we can have that would be tied to the building. And then at that point you'd also have your business model where if I say "gee, you know, it's dust like Mrs. Henley said, a hundred sixty-five dust seems like way too many to me". And you'd be able to say "well, according to my business plan I can get it down to ninety-six", or whatever it is, and that's the kind of thing that you need to do. The staff sitting right back behind there can help you with that, can show you examples of it. Whoever drew this site plan originally can help you with it, but it needs to be a professional thing because this is it. The buck stops here and this is where it's yes or no, so that's important. MAYOR OBERNDORF: And things like an infirmary, even public schools have a separate area if a child is very sick that they can be treated by a nurse and kept out of the -- ANN KAPLAN: We have that at our facility. MAYOR OBERNDORF: -- okay. ANN KAPLAN: But we appreciate it. Thank you. MAYOR OBERNDORF: That's all. We're dust trying to make sure that, God forbid, something doesn't happen and everybody will wake up and read their paper in the morning and say "they didn't have enough information and why didn't they ask these questions". COUNCIL LADY WILSON: Do we have a motion? COUNCIL LADY HENLEY: My motion is for an indefinite deferral for more information. MAYOR OBERNDORF: Is there a second? COUNCILMAN VILLANUEVA: Second. MAYOR OBERNDORF: Are we ready for the question? CITY CLERK: Yes, Your Honor. By a vote of 11 to 0, you have deferred indefinitely the Application of Nimmo Child Care and Resource Learning Center. COUNCILMAN VILLANUEVA: Mayor, I have a question about process. MAYOR OBERNDORF: Yes, Mr. Villanueva? COUNCILMAN VILLANUEVA: You know, from time to time, we've seen similar applications like this in the past come up. Harry has brought up questions with regards to the fire prevention matters and Jim brings up site plan. Is there a standardized format that folks prior to applying for an Application like this they could follow? We see recurring, the same questions over and over again. COUNCILMAN DIEZEL: Thanks, Ron, because I was going to bring that up in that I think the staff should say "this meets the Building Code conditions for x, y, and z". I'm gun shy on it because we've had so many who've meant well but had no concept of the cost involved in protecting those kids. That's why, it's not beating a dead horse, but it's beating a very pertinent point, and I think staff could do a better fob with that. COUNCILKkN VILLANUEVA: I agree. That's why I'm asking is there a standardized format. COUNCILMAN DIEZEL: There is not. There are some standardized check -off points coming out of t:ie Department of Social Services that the Council needs to be better educated on, and I'll see what I can do with that. MAYOR OBERNDORF: Mr. Herbert, you acknowledged you needed to be recognized, and I inadvertently didn't. STEVEN HERBERT: Thank you, Madam Mayor. I dust wanted to say while Mrs. Kaplan was here tha-= we, the staff, will be ready to work with her immediately to get some of these questions answered and make sure she's better prepared when she comes back. VICE -MAYOR JONES: She might want to get somebody who knows how to present something like this. STEVEN HERBERT: Yes, sir. We'll get with her. MAYOR OBERNDORF: I don't think any of us meant harm. WE We're dust very concerned about the health, safety, and welfare in a very nebulous situation. That's why we're trying to understand and pin down what we can expect for the protection of the children. STEVEN HERBERT: Yes, Ma'am. (Whereupon, the discussion of this matter was concluded.) In Reply Refer To Our t=ile No. DF -6914 Z TO' Leslie L. Lilley FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE. August 1, 2008 DEPT. City Attorney DEPT. City Attorney RE. Conditional Zoning Application; Nimmo Childcare & Resource Learning Center, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 12, 2008. 1 have reviewed the subject proffer agreement, dated January 16, 2008 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/bm Enclosure cc: Kath en Hassen This Document Prepared bv: Fine, Fine, Legum & McCracken, LLP Title Insurance Not Provided for In this Transaction THIS AGREEMENT made this 1(0 day of January, ?008 by and between DONALD G. PRATT, Property Owner, herein referred to as Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Princess Anne district of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-20 to 0-1, having been previously rezoned by agreement dated June 10, 1993 duly recorded on November 29, 1993, in Deed Book 3307, at page 417; and WHEREAS, the Grantee's policy Is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the erects of change that will GPIN No.2414-06-6572-0000 Page 1 of 6 .l Owner's Initials be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use ,of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the: Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representa1ves, assigns, Grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary layout Exhibit A General Booth Office Building", dated July 27, 2005 prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Page 2 of 6 Owner's Initials Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The use of the Property shall be limited to (a) business offices; (b) medical and dental offices and clinics and laboratory; legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; (c) florist retail; and (d) educational, child day care facility, before and after school care, children summer and non -school day programs; all in accordance with a conditional zoning duly approved by the City Council of the City of Virginia Beach. Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated December 16, 1991, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018. 4. Lighting on the Property shall be directed inward and not toward surrounded property The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatible with adjoining residential uses and with Nimmo Church. 6. Provide privacy fencing along the southern property line adjacent to the residential property 7. The daycare and before/after school program drop-off and pick up shall be scheduled in a manner to limit traffic entering the site to no more than 35 trips within any one hour time frame. A right turn lane is required if trips entering the site exceed 35 trips within any one hour time frame. a.m. 8. Grantor will develop a scheduled drop-off at the facility commencing at 6:00 o'clock Grantor will internally develop a safe traffic program and educate the staff and parents on the importance of the program for the safety of the children within their care as well as a safe ingress and egress from the property. 10. In the event of the sale of the day care and/or pro rty n r will disclose all Page 3 of 6 Owner's Initials proffers and approved site plan conditions to any potential buyer, which disclosure shall be acknowledged by the buyer in the purchase and sale agreement. 11. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 12. These Proffers supercede all previous Proffers with respect to the Property described herein. All references hereinabove to the 0-1 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beech, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be n, -pealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provi ' � l Se on 15.2-2204 of the Page 4 of 6 Owner's Initials Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory inunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. Page 5 of 66 Owner's Initials WITNESS the following signatu s and seals: Doliald G. Pratt STATE OF VIRGINIA CITY OF VIRGIT41A BEACH, to -wit: a Notary Public in and for the City and State aforesaid, do hereby certify that Donald G. Pratt, whose name is signed to the foregoing instrument dated the / G day of January, 2008 did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this % (day of January, 2008. Notary Public My commission expires: Registration No.: o1/a /G? MM raw !/lib - __ Page 6 of 6 Exhibit "A" ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, near Nimmo Church, numbered and designated as Lot A, upon that certain plat entitled, "Subdivision of Property, Charles C. Hickman, et ux, D.B. 482, P. 21, M.B. 25 P. 70, Princess Anne Borough, Virginia Beach, Virginia, Scale 1" = 100', September 24, 1971, W B. Gallup, Surveyor," said lot being of the size and dimension as shown on said plat, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at Page 45, to which reference is hereby made for a more particular description for the land herein conveyed. -29 - Item V K.4. PLANNING ITEM # 53452 Upon motion by Vice MayorJones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of MIRACLE TEMPLE WORSHIP CENTER, INC. for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF MIRACLE TEMPLE WORSHIP CENTER, INC. FORA CONDITIONAL USPERMITFOR A CHURCHRO10531116 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Miracle Temple Worship Center, Inc. for a Conditional Us Permit for a church on property located at 3900 Bonney Road (GPIN 14872349760000). DISTRICT 5 — L YNNHA VEN The following conditions shall be required: 1. Church gatherings shall be limited to Sundays between 8:00 AM and 2:00 PM and Tuesday evenings between 6:00 PM and 9:00 PM. 2. No more than 170 people shall be present at the church during any gathering. 3. A Certificate ofOccupancyfor the use shall be obtained from the Permits and Inspections Division of the Planning Department prior to occupancy. 4. All necessary inspections and approvals shall be obtained from the Fire Department before occupancy of the building. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh ofJanuary Two Thousand Five Voting. 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, RobertM. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent. - None January 11, 2005 NEW FAITH Modification of Conditions Relevant Information: Lynnhaven District A church was granted a Use Permit in 2005 to occupy the subject space in this building. A new church now occupies the space, and requests modification of the conditions to accommodate their ministry. Condition 1 limits the hours and days for use of the space, and is requested for modification to accommodate two Sunday worship services and weekday evening community outreach initiatives. Condition 2 limits the number of people in the church at any one time to 170. A modification of this condition is requested, as the new church has the potential for 200 people to be present at one time. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (10-1) • There was no opposition. Consent agenda item. u .....c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW FAITH CHRISTIAN FELLOWSHIP for the Modification of Conditions for a request approved by City Council on January 11, 2005 (Miracle Temple Worship Center, Inc.). Property is located at 3900 Bonney Road, Suite 113 (GPIN 1487234976). DISTRICT 5 — LYNNHAVEN MEETING DATE: August 12, 2008 ■ Background: A church currently occupies a portion of the commercial building located on this parcel. A Conditional Use Permit permitting the church was approved by the City Council on January 11, 2005. The Conditional Use Permit has four (4) conditions: 1. Church gatherings shall be limited to Sundays between 8:00 a.m. and 2:00 p.m. and Tuesday evenings between 6:00 p.m. and 9:00 p.m. 2. No more than 170 people shall be present at the church during any gathering. 3. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department prior to occupancy. 4. All necessary inspections and approvals shall be obtained from the Fire Department before occupancy of the building. Since the 2005 approval, a different church has acquired the space in this building, and the new church needs to modify the conditions of the original Use Permit to accommodate their ministry. Condition 1 limits the hours and days for use of the space, and is requested for modification to accommodate two Sunday worship services and weekday evening community outreach initiatives, such as Alcoholics Anonymous. Condition 2 limits the number of people in the church at any one time. A modification of this condition is requested, as the new church has the potential for 200 people to be present at one time. A final modification of the Use Permit pertains to the area of the building that can be used for church services. The original Conditional Use Permit applied to the entire 6,000 square foot suite, but only 3,000 square feet was designated for the church services. The applicant requests modification of the Use Permit to allow the church to use the entire leased space, as deemed necessary, for church services. New Faith Christian Fellowship Page 2 of 3 ■ Considerations: This proposal is located within Strategic Growth Area 5 (North Rosemont Road Area). The current land use pattern for this area is suburban strip commercial with some multifamily along Virginia Beach Boulevard. The Plan's policies recommend that this area be transformed from its suburban commercial land use pattern to one that provides a more balanced mix of urban residential and commercial use. In the interim, however, the Comprehensive Plan policies embrace proposals that accommodate the public need for legitimate and compatible neighborhood support uses and activities. This church use and its ancillary activities fulfill one of those sets of legitimate desired needs for this community. The proposed modifications to the Use Permit do not represent a significant departure from the existing Conditional Use Permit. The church hour extension is to accommodate two Sunday worship services and the church's weekday evening community outreach initiatives. The increase in seating capacity is to accommodate a maximum of 200 people. The initial Conditional Use Permit was for the use of the entire 6,000 square foot suite, of which only 3,000 square feet was for church services. The modifications will allow the church to use the entire leased space, as deemed necessary, for church services. Sufficient parking exists ori site to accommodate the additional Sunday moming attendance and the evening outreach. The amended use and activities will not disrupt or adversely impact the adjoining and surrounding neighborhood. The Planning Commission placed this item on the consent agenda because the proposed modifications are reasonable and there was no public opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1 to approve this request with the following conditions: 1 All conditions, with the exception of Number 1 and 2, attached to the Conditional Use Permit granted by the City Council on January 11, 2005 shall remain in affect. 2. Condition Number 1 of the January 11, 2005 Conditional Use Permit is deleted and replaced with the following: "Church gatherings shall be limited to Sundays, between 8:00 a.m. and 10:00 p.m., office hours and ministry services shall be limited to Monday through Saturday, 8:00 a.m. until midnight. 3. Condition Number 2 of the January 11, 2005 Conditional Use Permit is deleted and replaced with the following: "No more than 200 people shall be present at the church during any Sunday gathering." New Faith Christian Fellowship Page 3 of 3 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 July 9, 2008 Public Hearing Staff Planner- Karen Prochilo REQUEST: Modification of the Conditional Use Permit approved by the City Council on January 11, 2005 for a church. ADDRESS / DESCRIPTION: Property located at 3900 Bonney Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14872349760000 5 - LYNNHAVEN Portion of a 2.858 acre shopping center Lease area = 6,000 square feet SUMMARY OF REQUEST A Conditional Use Permit permitting a church was approved by the City Council on January 11, 2005. The Conditional Use Permit has four (4) conditions: 1 Church gatherings shall be limited to Sundays between 8:00 a.m. and 2:00 p.m. and Tuesday evenings between 6:00 p.m. and 9:00 p.m. 2. No more than 170 people shall be present at the church during any gathering. 3. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department prior to occupancy. 4. All necessary inspections and approvals shall be obtained from the Fire Department before occupancy of the building. Since 2005, a different church group has acquired the space in this building, and this church needs to modify the conditions of the original Use Permit to accommodate their ministry Condition 1 limits the hours and days for use of the space, and is requested for modification to accommodate two Sunday worship services and weekday evening community outreach initiatives. Condition 2 limits the number of people in the church at any one time. A modification of this condition is requested, as the new church has the potential for 200 people to be present at one time. NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 Page 1 A final modification of the Use Permit pertains to the area of the building that can be used for church services. The original Conditional Use Permit applied to the entire 6,000 square foot suite, but only 3,000 square feet was designated for the church services. The applicant requests modification of the Use Permit to allow the church to use the entire leased space, as deemed necessary, for church services. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercial shopping center SURROUNDING LAND North: . Across Norfolk & Southern Railroad right-of-way is an USE AND ZONING: automobile dealership / B-2 Community Business District South: . Across Bonney Road are multi -family communities (Thalia Oak & Thalia Trace) / A-24 & A-12 Apartment District, R-7.5 Residential District East: . Across Lynnshores Drive is vacant land / B-2 Community Business District West: . Mini -warehouse storage / B-2 Community Business District NATURAL RESOURCE AND The site is covered by a strip retail center and parking. There are no CULTURAL FEATURES: significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in the vicinity of this application is considered a four -lane undivided minor urban arterial. The Master Transportation Plan proposes an undivided facility within a 70 -foot wide right-of-way. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 18,151 ADT 14,800 ADT (Level of Existing Land Use — Service "C") 260 ADT (Sunday) 22,800 ADT' (Level of Proposed Land Use 3— Service "D") / capacity 306 ADT - 66 Sunday 27,400 ADT' (Level of Peak Hour Vehicles Service "E")(entering) NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 Page 2 Average Daily Trips Y as defined by church -170 seats s as defined by church - 200 seats Public Works E=ngineering review indicates that the property will be Impacted in the future by the proposed CIP 2-018.002 Intersection project. Please note that, in the future, right-of-way and a temporary construction easement will be needed for the project. WATER and SEWER: This site is connected to City water and sewer Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: This proposal is located within Strategic Growth Area 5 (North Rosemont Road Area). The current land use pattern for this area is suburban strip commercial with some multifamily along Virginia Beach Boulevard. The Plan's policies recommend that this area be transformed from its suburban commercial land use pattern to one that provides a more balanced mix of urban residential and commercial use. The Comprehensive Plan policies embrace proposals that accommodate the public need for legitimate and compatible neighborhood support uses and activities. This church use and its ancillary activities fulfill one of those sets of legitimate desired needs for this community. Evaluation: This request does not represent a significant departure from the existing Conditional Use Permit. The church hour extension is to accommodate two Sunday worship services and the church's weekday evening community outreach Initiatives. The increase in seating capacity is to accommodate a maximum of 200 people. The initial Conditional Use Permit was for the use of the entire 6,000 square foot suite, of which only 3,000 square feet was for church services. This modification will allow the church to use the entire leased space, as deemed necessary, for church services. Sufficient parking exists on site to accommodate the additional Sunday morning attendance and the evening outreach. The amended use and activities to not appear to disrupt or adversely impact the adjoining and surrounding neighborhood. CONDITIONS 1 All conditions, with the exception of Number 1 and 2, attached to the Conditional Use Permit granted by the City Council on January 11, 2005 shall remain in affect. 2. Condition Number 1 of the January 11, 2005 Conditional Use Permit Is deleted and replaced with the following: "Church gatherings shall be limited to Sundays, between 8:00 a.m. and 10:00 p.m., office hours ,and ministry services shall be limited to Monday through Saturday, 8:00 a.m. until midnight. 3. Condition Number 2 of the January 11, 2005 Conditional Use Permit is deleted and replaced with the following: "No more than 200 people shall be present at the church during any Sunday gathering." NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 Page 4 ON, T PROPOSED LEASE AREA NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 Page 5 EXISTING SITE PHOTOGRAPHS NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 OFM 1 01/22/08 Street Closure Granted 2 01/11/05 Conditional Use Permit church Granted 01/13/98 Conditional Use Permit furniture showroom & truck rentals Granted 3 02/10/04 Conditional Rezoning A-12 to R-7.5 Conditional Use Permit et crematory) Granted 06/25/96 Conditional Rezoning 0-1 to R-7.5 Conditional Use Permit(crematory) Granted 4 03/23/03 Conditional Rezoning 1-2 to B-2 Conditional Use Permit motor vehicle sales Street Closure Granted 04/13/99 Street Closure Granted 07/08/97 Conditional Rezoning 0-1 to 1-1 Granted 09/28/93 Conditional Rezoning B-2 to 0-1 Granted 5 02/27/01 Conditional Use Permit motor vehicle repair) Granted 6 05/23/00 Street Closure Withdrawn 7 04/09/f)8 Conditional Rezoning A-12 &0-2 to R -5S Granted 8 12/03/96 Conditional Use Permit (mini -storage) Street Closure Granted ZONING HISTORY NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) New Faith Christian Fellowship: Chuck Collins - Pastor, Ven Taylor Associate Pastor and Rohn Sitjar Associate Pastor 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 1988 Associates LLC Fred Summs (757) 486-6000 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 713107 NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 Page 8 DIS�:LOSLIRE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: Attach list if necessary New Fcith hnstian Fellowship and its inistnes ' "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 cif another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I undersi and that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Charles W Collins Gre Print Name ------ Fred Summs Signature (if different than applicant) Print Name Mifdification of conditions Application Page t t of 11 Revised 7/3/:007 DISCLOSURE STATEMENT NEW FAITH CHRISTIAN FELLOWSHIP Agenda Item 9 Page 9 Item #9 New Faith Christian Fellowship Modification of Conditions 3900 Bonney Road, Suite 113 District 5 Lynnhaven July 9, 2008 Joseph Strange: The next item is agenda 9, an application of New Faith Christian Fellowship for a Modification of Conditions for a request approved by City Council on January 11, 2005. The property is located at 3900 Bonney Road, Suite 113, District 5, Lynnhaven, with three conditions. Charles Collins: Good afternoon. My name is Charles Collins, the Pastor of New Faith Christian Fellowship. I'm very grateful and thankful and I accept those conditions. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? Eugene Crabtree: Madame Chairman, I would like to go on record as saying I'm opposed to this item. However, I do go along with the conditions with this item. Janice Anderson: Thank you. It is so noted. Joseph Strange: Thank you Gene. The Chairman has asked Kathy Katsias to review this item. Kathy Katsias: This is an application to modify the Conditional Use Permit that was approved by City Council on January 11, 2005. Since 2005, a different church group has acquired the space in the building and they wanted to modify two of their conditions. One being adding hours to Sunday worship services and one evening community outreach initiative, and condition two, previously they had 170 members and they are increasing their membership to 200. Staff recommends approval. We concur with staff so therefore, we have placed it on the consent agenda. Joseph Strange: Thank you Kathy. Madame Chairman, I have a motion to approve agenda item 9. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias, and if you could please note Gene Crabtree voting "no" on item 9. AYE 10 NAY 1 ABS 0 ABSENT 0 ANDERSON AYE Item #9 New Faith Chnshan Fellowship Page 2 BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE NAY Ed Weeden: By a vote of 10-1, with the abstention so noted, the Board has approved item 9, for consent. -49 - Item VI -K. f. PLANNING ITEM # 51481 (Continued) Voting 9-0 (By Consent) Council Members Voting Aye Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, RichardA Maddox, MayorMeyeraE Oberndorf, Jim Reeve, Ron A Villanueva and James L Wood Council Members Voting Nay None Council Members Absent Peter W Schmidt and Rosemary Wilson August 5, 2003 -48 - Item VI-K.I.f. PLANNING ITEM # 51481 Upon motion by Vice MayorJones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon App Itcatum of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit ORDINANCE UPON APPLICATION OF WAL-MART REAL ESTATE BUSINESS TRUST FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE FACILITY ON PROPERTY R080331114 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Wal-Mart Real Estate Business Trust for a Conditional Use Permit for a bulk storage facility on property located at 1149 Alimmo Parkway (GPIN # 2414-25-6765) DISTRICT 7 —PRINCESS ANNE The following conditions shall be required 1 The seasonal sales areas and the pallet and recyclable cardboard storage area shall be located on the site as depicted on the submitted site plan titled "WAL-MART SUPERCENTER, RED MILL COMMONS, SITE LAYOUT", dated 02/25/03, and prepared by Kimley-Horn and Associates 2 The seasonal sales areas shall be delineated by a decorative wrought iron fence, not less than six (6) foot in height, with Category Ishrubs planted on the outside of the fence The applicant shall obtain a variance from the Board of Zoning Appeals for the use of this in lieu of the Category VI fencing requirement 3 The palette and recyclable cardboard storage area shall be screened as depicted on the submitted site plan titled "WAL-MART SUPERCENTER, RED MILL COMMONS, SITE LAYOUT", dated 02/25103, and prepared byKimley-HornandAssociates The applicant shall obtain avartancefrom the Board of Zoning Appeals for the use of this in lieu of the Category VI screening requirement 4 The applicant shall delineate on site a crosswalkfrom the building /garden center area to the seasonal sales areas Staff will assist the applicant with the adequate width and locations This Ordinance shall be effective in accordance with Section 107 () of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth ofAugust, Two Thousand Three August 5, 2003 -41 - Item V -J.5. PLANNING ITEM # 47499 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WAL-MART REAL ESTATE BUSINESS TRUST FOR A CONDITIONAL USE PERMIT RE AUTOMOBILE SERVICE ESTABLISHMENT RO12003016 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wal-Mart Real Estate Business Trust for a Conditional Use Permit for an automobile service establishment on certain property located on the east side of Newstead Dnve beginning at a point 500 feet more or less north of Princess Anne Road (GPIN #2414- 15-6765). Said parcel contains 18.508 acres. PRINCESS ANNE DISTRICT - 7 The following conditions shall be required: I. No outside storage of parts or outside repair of vehicles is permitted. 2. No outside display or storage of tires is permitted. This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth of December. Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 5, 2000 Ol �•Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAL-MART REAL ESTATE BUSINESS TRUST for the Modification of Conditions of requests approved by City Council on December 5, 2000 and August 5, 2003. Property is located at 1149 Nimmo Parkway (GPIN 2414256765). AICUZ is 65-75. DISTRICT 7 — PRINCESS ANNE MEETING DATE: August 12, 2008 ■ Background: A Conditional Use Permit for an automobile service establishment was approved by the City Council on December 5, 2000. The Conditional Use Permit has two (2) conditions: 1. No outside storage of parts or outside repair of vehicles is permitted. 2. No outside display or storage of tires is permitted. The applicant now desires to store tires in an enclosure on the outside of the building. There is an existing chain-link enclosure with a roof dust outside the garage bay doors on the eastern side of the Wal-Mart store. The area is recessed into the building and is not very visible. The applicant intends to slightly expand that enclosure and use it for tire storage. Since Condition 2 of the 2000 Conditional Use Permit does not allow tire storage, the applicant requests a modification of the Use Permit. ■ Considerations: The applicant proposes to enclose the tire storage cage in such a way as to screen the tires yet complement the existing building. While the plans and photograph submitted with the application show a chain-link enclosure, Condition 2, listed below, requires the enclosure be constructed of the same material and be of the same color as the main building. Since the enclosure is located in an area that is not highly visible, the site is ideal for tire storage. The Planning Commission placed this item on the consent agenda because the enclosure is located in an area that is not very visible, the enclosure will be constructed to be compatible to the main building, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: Wal-Mart Real Estate Business Trust Page 2 of 2 1. All conditions, with the exception of Number 2, attached to the Conditional Use (Permit for an automobile service establishment, approved by the City Council on December 5, 2000, shall remain in affect. 2. Condition Number 2 of the Conditional Use Permit referenced above is deleted and replaced with the following: "No outside display of tires for sale is permitted. Storage of tires is permitted if tires are stored within an enclosure constructed of building materials that match the existing building and are completely screened from view as determined by the Planning Director or his designee." 3. All conditions attached to the Conditional Use Permit for bulk storage was approved by the City Council on August, 2003 remain in affect. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location IVIap Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Managers F' , po*L WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 July 9, 2008 Public Hearing Staff Planner- Karen Prochilo REQUEST: Modification of the Conditionals approved by the City Council on December 5, 2000 and August 5, 2003. ADDRESS / DESCRIPTION: Property located at 1149 Nimmo Parkway. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24142567650000 7 — PRINCESS ANNE 18.508 acres Tire storage: 227 square feet SUMMARY OF REQUEST A Conditional Use Permit for an automobile service establishment was approved by the City Council on December 5, 2000. This Conditional Use Permit has two (2) conditions: 1 No outside storage of parts or outside repair of vehicles is permitted. 2. No outside display or storage of tires is permitted. The applicant now desires to store tires in an enclosure on the outside of the building. There is an existing chain-link enclosure with a roof dust outside the garage bay doors on the eastern side of the Wal-Mart store. The area is recessed into the building and is not very visible. The applicant intends to slightly expand that enclosure and use it for tire storage. Since Condition 2 of the 2000 Conditional Use Permit does not allow tire storage, the applicant requests a modification of the Use Permit. There is a second Conditional Use Permit on this site, for bulk storage, which was approved by the City Council on August, 2003. This Conditional Use Permit has four (4) conditions: WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 1 1 The seasonal sales areas and the pallet and recyclable cardboard storage area shall be located on the site as depicted on the submitted site plan titled "WAL-MART SUPERCENTER, RED MILL COMMONS, SITE LAYOUT" dated 02/25/03, and prepared by Kimley-Horn and Associates. 2. The seasonal sales areas shall be delineated by a decorative wrought iron fence not less than six (6) foct in height, with Category I shrubs planted on the outside of the fence. The applicant shall obtain a variance from the Board of Zoning appeals for the use of this in lieu of the Category VI fencing requirement. 3. The palette and recyclable cardboard storage area shall be screened as depicted on the submil:ted site plan titled "WAL-MART SUPERCENTER, RED MILL COMMONS, SITE LAYOUT" dated 02/25/03, and prepared by Kimley-Horn and Associates. The applicant shall obtain a variance from the Board of Zoning appeals for the use of this in lieu of the Category VI screening requirement. 4. The applicant shall delineate on the site a crosswalk from the building / garden center area to the seasonal sales areas. Staff will assist the applicant with the adequate width and locations. The conditions associated with the bulk storage Conditional Use Permit do not require modification and shall remain in effect. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Developed retail site SURROUNDING LAND North: . Retail (Red Mill Commons Shopping Center) / B-2 Community USE AND ZONING: Business District South: . Retail (Red Mill Commons Shopping Center) / B-2 Community Business District East: • Retail (Red Mill Commons Shopping Center) / B-2 Community Business District West: . Retail (Red Mill Commons Shopping Center) / B-2 Community Business District • Single-family homes / R-20 Residential District NATURAL RESOURCE AND The majority of the site is impervious, as it is developed with structures CULTURAL FEATURES: and pavement. There are no known significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of 65 dB to 70 dB Ldn surrounding NAS Oceana. WAL-MART REAL ESTATE BUSINESS TRUST Agenda Itern 8 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): No traffic impacts associated with this proposal. WATER and SEWER: No water and sewer impacts associated with this proposal FIRE: No Fire Department comments at this time. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan recognizes this area as part of a Primary Residential Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area. This area is recommended for retail, service, office and other compatible uses within commercial centers serving surrounding neighborhoods and communities. Evaluation: The applicant proposes to enclose the tire storage cage in such a way as to screen the tires yet complement the existing building. While the plans and photograph submitted with the application shows a chain-link enclosure, Condition 2, listed below, requires the enclosure be constructed of the same material and be of the same color as the main building. Additionally, as the enclosure is located in an area that is not highly visible, the site is ideal for such storage. Staff, therefore, recommends approval subject to the conditions below. CONDITIONS 1 All conditions, with the exception of Number 2, attached to the Conditional Use Permit for an automobile service establishment, approved by the City Council on December 5, 2000, shall remain in affect. 2. Condition Number 2 of the Conditional Use Permit referenced above is deleted and replaced with the following: "No outside display of tires for sale is permitted. Storage of tires is permitted if tires are stored within an enclosure constructed of building materials that match the existing building and are completely screened from view as determined by the Planning Director or his designee." 3. All conditions attached to the Conditional Use Permit for bulk storage was approved by the City Council on August, 2003 remain in affect. WAL-MART REAL ESTATE BUSINESS TRUST Agenda Iteil'n 8 Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page. 4 EXISTING BUILDING SHOWING LOCATION OF ENCLOSURE WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 5 M I I r , I I I I I EXISTING CANOPY COLUMN TO REMAIN /'\ \ Jn_ II RELOCATE , L LJ J CUSTOMER WASTE OIL TANK I RELOCATE BULK OIL STORAGE i r TANK — I n l l II LL I.J JJ , I EXISTING BULK II I CIL STORAGE I Existing TLE Tire TANK — I and Battery Storage , EXISTING CHASIS GREASE AND GEAR OII. EXISTING IMNDSHIELD WASHER FLUID I I TANK — 1I��.�'Yiy�.Nq 1631LI31 Li 1 � , , , , I I Ca DEMO EXISTING OIL FILTER BIN REMOVE/RELOCATE FENCE AND GATES RELOCATE OIL FILTER BIN DOWNSPOUT TO REMAIN EXTEND CANOPY REF STRUCTURE FRAMING PLAN AND 5-10 AC2 ENLARGED DEMOLITION PLAN WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 6 lExded TLE Tire 13 and att ry s orage 12 EN IRONMENT L A r A I CAGE 0 0O 614 Y 6-- -' -TIRE/- C4 I BATTERY I h STORAGE II I I IIS 61 0 1STOCKROOMMECHANICAL ' 11 • ii IAN ENLARGED PROPOSED PLAN WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 7 PHOTOGRAPH OF EXISTING WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 8 i' r Vit, a I% 4'p' 41, Z6 ZONING HISTORY WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page` 10 Commercial to Limited Commercial 8 03/25103 Conditional Rezoning B-2 to B-2 & A-18 Granted 9 11/27!01 Rezoning R-20 to AG -2 Granted 10 11/14195 Conditional Use Permit auto service station Granted 09/25/90 Conditional Use Permit fuel sales & car wash Granted 11 03/14188 Conditional Use Permit church Granted 12 11/09187 Conditional Use Permit church Granted ZONING HISTORY WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page` 10 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See attachment 2. List all businesses that have a parent -subsidiary' or affiliated business ent42 relationship with the applicant (Attach list if necessary) N/A D Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Modikoon of CorKUns Apphotion Page 10 of 11 Revised 713!07 WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 page"11 CLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) r'wr_rf.soa French f�Saocioes L7D ' `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- subsid i3ry 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 11 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 betwee i 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 undersiand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Print Name kC? k r�4d ��c2 A 1�}�1,crr� Property Owner's Signature (if diferenttharnapplicant) A Print Name Modification ui Conditions Application Page 11 of 1$ R"sed 713!7007 WAL-MART REAL ESTATE BUSINESS TRUST Agenda 6In 8 Pas 12 Wal-Mart Stores East, LP Eduardo Castro -Wright President and Chief Executive Officer David J. Dible Executive Vice President Rollin L. Ford Executive Vice President Johnnie C. Dobbs, Jr. Senior Vice President LarryAT. Duff Senior Vice President Joseph J. Fitzsimmons Senior Vice President and Treasurer Robm E. Forbis Senior Vice President Glenn L. Habem Senor Vice President Charles M. Holley Semor Vice President David P Reiff Semon Vice President Del D. Sloneker Senior Vice President Timothy E. Yatsko Senior Vice President Enc S. Zorn Senior Vice President Dennis G. Atmp Vice President Wyman K Atwell Vice President J. Robert Bray Vice President David L. Bollington Vice President Ronald J. Chomruk Vice President Bradley C. Feagans Vice President Anthony L. Fuller Vice President Thomas C. Gean Vice President and Assistant Secretary Jeffrey J. Gearhart Vice President and Secretary David A. Holz Vice President Bobby D. Robinson Vice President Lawrence F Mahoney Vice President Michael McLemore Vice President Lone A. Meyer Vice President Mike D. Miller Vice President Carl R. Muller Vice President and Assistant Secretary Steve M. Noetzel Vice President Kelley D. Sears Vice President and Assistant Secretary Mark A. Weiler Vice President David D. Stills Vice President Robert M. Bedard Assistant Vice President and Assistant Secretary John E. Clarke Assistant Vice President and Assistant Secretary Michael E. Gardner Assistant Vice President and Assistant Secretary WAL-MART REAL ESTATE BUSINESS TRUST Agenda Itel?_n 8 Page 13 Kimberly K. Lane Barry T. Sbannahan George J. Bacso, III Angela S. Beehler Debbie L. Cawood James A. Cole Frances D. Coberly Cindy C. Bradley Lorraine E. Dark Martin G. Gilbert, Jr. Anthony D. George Amber R. Graham J. Scott Greear Samuel A. Guess James T. Harris Jed A. Harrison Sondra R. Hilger Frank E. Hysell Michael W. Kerstuig Bomae Kincaid Adele E. Lucas Vickie M. Lusk Richard H. Martin Kimberly L. McCormick Joan E. Mladucky Teresa A. Pruitt Karen L. Roberts D. Leans Ross Jennifer L. Smyth David O. Smith Meredith A. Taylor John L. Thompson Kathy E. Tobey Michael E. Tomlin T. Latnece Watkins Romona L. West Bruce E. Wickline Todd C. Birlingmair Assistant Vice President and Assistant Secretary Assistant Vice President and Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Treasurer WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 14 DELEGATION OF SIGNATURE AUTHORITY I, Anthony L. Fuller, Senior Vice President of Wal-Mart Stores, Inc.; Wal-Mart Real Estate Business Trust; Wal-Mart TRS, LLC; Wal-Mart Realty Company; Wal-Mart Stores Texas, LLC; Wal-Mart Stores Fast, LP; Wal-Mart Louisiana, LLC; WSE Management, LLC ("WSE'); Sam's Real Estate Business Trust; Sam's TRS, LLC; Sam's East, Inc.; and Sam's West, Inc. (hereinafter collectively referred to as "the Company'), hereby delegate to: Senior Director of Store Pbmnbkg Director of Store Planning — Consir edon Senior Design Manager Special Projects Coordinator Preto Design Manager Desig. Manager Director of Store Piannirg — Design the authority to sign documents set forth in Exhibit A, attached hereto and incorporated herein, on behalf of the Company, in their respective capacity for the Company. This delegation shall supersede and revoke any signature authority previously given to those m the above positions as of the date act forth below. All acts and transactions of individuals in the Positions above, which were taken or made in good faith and prior to the formal delegation of authority to such position that are consistent with this delegation are hereby ratified and approved. ny .Fuller 4 Senior Vice President Subscribed and sworn before me this .E day of &&&Z 2008. 2� otary Public My commission expires:, :j , - - �°� Seal] wN B �� eiA+� ao--2141500911 dHlON DISCLOSURE STATEMENT WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 PagO. 15 Item #8 Wal-Mart Real Estate Business Trust Modification of Conditions 1149 Nimmo Parkway District 7 Princess Anne July 9, 2008 CONSENT Joseph Strange: The next item is item 8, an application of Wal-Mart Real Estate Business Trust for a Modification of Conditions on a request approved by City Council on December 5, 2000 and August 5, 2003. The property is located at 1149 Nimmo Parkway, District 7, Princess Anne, with three conditions. Janice Anderson: Welcome. Josef Woodall: Good afternoon. I'm Josef Woodall with Harrison French and Associates. We are the designers for this project. We have no problems with the conditions for the application. Joseph Strange: Thank you. Is there any opposition to his matter being placed on the consent agenda? If not, the Chairman has asked Al Henley to review this item. Al Henley: Thank you. A Conditional Use Permit for an automobile service established was approved by Council on December 5, 2000. This Conditional Use Permit has two conditions. One, "No outside storage of parts or outside repair of vehicles be permitted"; two, "No outside display or storage or tires be permitted". The applicant proposed to enclose the tire storage cage in such a way as to screen the tires, yet compliment the existing building. While the plans and photographs submitted where the applicant shows a chain linked fence enclosure, Condition 2 requires the enclosure be constructed from the same material. It is to be the same color as the main building. Additionally, as the enclosure is located in an area that is not highly visible, the site is ideal for such storage. Staff therefore recommends approval such to the three conditions that are attached. Therefore, the Planning Commission has placed this on the consent agenda. Thank you. Joseph Strange: Thank you Al. I have a motion to approve agenda item 8. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE Item #8 Wal -Mat Real Estate Business Trust Page 2 HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 8 for consent. -41 - Item V -J.4. PUBLIC HEARING ITEM # 44414 PLANNING Upon motion by Councilman Jones, seconded by Councilman Branch, City CouncilADOPTED an Ordinance upon application of VICTORY BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VICTORY BAPTIST CHURCH FORA CONDITIONAL USEPERMITFORA CHURCHAND ADA YCARE CENTER 8011982239 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 Ordinance upon application of Victory Baptist Church for a Conditional Use Permit for a church and a day care center on certain property located on the west side of Indian River Road beginning at a point 2000 feet more or less south of Elbow Road. Saud parcel contains 10 acres. DISTRICT 7 - PRINCESSANNE. The following conditions shall be required: 1. Because the Southeastern Greenbelt and Parkway will impact the rear portion of this site, no permanent structures will be allowed to be constructed within 300 feet of the rear property line. 2. Development of the church shall substantially adhere to the site plan by Verebely and Associates entitled, "Church Facility for Victory Baptist Church, " dated 25 September 1998 and on file with the Planning Department. 3. The architecture oftheproposedchurch shallsubstantially adhere to the rendering by Verebely and Associates entitled, "Church Facility for Yictory Baptist Church, " dated 25 September 1998 andonfrlewith the PlanningDepartment. Buildingmaterialsand colors shall consist of red colonial brick on the front portion of thechurch. The main buildingforPhaselwillbedarkbrownpre- engineered metal. All roofing will be dark brown metal and trim will be dark brown. Phases 11, 111 and IV will be red colonial brick. As these additions are added, the pre-engineered metal building will be covered so that the entire structure will have a brickfacade upon completion of all phases. 4. No modular building shall be erected on the site at any lime. This Ordinance shall be effective in accordance with Section 107 (J) of the Zoning Ordinance. Adopted by the Council ofthe City of Virginia Beach, Virginia. on the Eighth ofDecember. Nineteen Hundred and Nine{v-Eight. Voting: 10-0 (By Consent) Council Members Yoting Aye. Linwood O. Branch, Ill, Margaret L. Eure, William W. Harrtson, Jr., Harold Heischober, Barbara M. Henley, LouisR Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf; Nancy K Parker and A. M. "Don " Weeks Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr December 8, J998 VICTORY BAPTIST CHURCH Relevant Information: Centerville District Modic ication of the current Use Permit for the church located on the site so the applicant can move to the site a single-family dwelling located on the adjacent property to the southeast, which was recently rezoned. The applicant intends to use the structure as either a parsonage or for church offices. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was no opposition. Consent agenda item. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VICTORY BAPTIST CHURCH for the Modification of Conditions for a request approved by City Council on December 8, 1998. Property is located at 4125 Indian River Road (GPIN 1474534410). AICUZ is Less than 65. DISTRICT 1 — CENTERVILLE MEETING DATE: August 12, 2008 ■ Background: The applicant requests modification of its current Use Permit for the church located on the site so the applicant can move to the site a single-family dwelling located on the adjacent property to the southeast. The property on which the house is currently located, as well as the five (5) parcels to the southeast of it, was recently rezoned to R-10 Residential District for a single-family residential subdivision. Condition 2 of that Use Permit requires that development adhere to the site plan dated September 25, 1998. The addition of the proposed dwelling to the site is not shown on that site plan; therefore, a modification of the Use Permit is necessary. ■ Considerations: The existing church structure is approximately 140 feet from Indian River Road. In addition to the church building and the associated parking, there is an existing dwelling, barn, and shed at the rear of the site. An existing 1-'/z story dwelling is near the rear of the property and is served by a gravel drive. The proposed relocated dwelling is depicted to be located between the existing church and the existing dwelling on the site. The applicant intends to use the relocated dwelling as either a parsonage or for church offices. This request to permit an additional dwelling unit on church property is acceptable, subject to the conditions below. The church is compatible with the single-family developments in the vicinity and has been a good neighbor for nearly two decades. The relocated dwelling will not be used as a rental unit or for other residential uses, other than a parsonage or church offices. If the applicant decides to expand the use of the dwelling beyond that permitted under this Conditional Use Permit, other City approvals will be necessary. The Planning Commission placed this item on the consent agenda because the additional structure on the site will not negatively affect the compatibility of the church with the surrounding area and there was no opposition to the proposal. Victory Baptist Church Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve: this request with the following conditions: 1. All conditions, with the exception of Number 2, of the Conditional Use Permit granted by the City Council on December 8, 1998, shall remain in affect. 2. Condition Number 2 of the December 8, 1998, Conditional Use Permit is deleted and replaced with the following: The property shall be developed in substantially accordance to the site plan prepared by John E. Sinne & Associates, LTD., dated May 16, 2008, entitled, "Site Plan of 10.003 Acres, Property of Trustees of Victory Baptist Church for Victory Baptist Church," and has been exhibited to the City Council and is on file Y/ith the Planning Department. 3. The proposed two (2) -story dwelling and the existing one (1) -story dwelling, as depicted and identified on the plan in Condition 2 above, shall not be rented or sold as a dwelling unit, used for rehabilitation facilities of any kind, or for any other residential use not approved with this Conditional Use Permit. The use of the two (2) dwellings shall be limited to a parsonage, day care (consistent with the original Use Permit), and/or church offices and church meeting space only. Any other uses than those listed herein as permitted shall require a modification to this Conditional Use Permit. 4. A Certificate of Occupancy shall be required prior to issuance of any final releases. Should the dwelling unit(s) change use over the course of time from one of the uses listed in Condition 3 above to another listed use, all Building Code requirements shall be met, and a request to change the use shall be filed with the Building Official's Office. 5. The proposed two (2) story dwelling and the existing dwelling, as depicted and identified on the plan in Condition 2 above, shall be connected to both City water and sewer ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended ,Action: Staff recommends approval. Planning Commission recommends approval. ` Submitting Department/Agency: Planning Department �\ City Manager Maj IL, VICTORY BAPTIST CHURCH Agenda Item 6 July 9, 2008 Public Hearing Staff Planner- Carolyn A.K. Smith REQUEST: Modification of the Conditional Use Permit approved by the City Council on December 8, 1998 for a church. ADDRESS / DESCRIPTION: Property located at 4125 Indian River Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14745344100000 1 — CENTERVILLE 10 acres SUMMARY OF REQUEST The applicant requests modification of the current Use Permit for the church located on the site so the applicant can move to the site a single-family dwelling located on the adjacent property to the southeast. The applicant intends to use the dwelling as either a parsonage or for church offices. The property on which the house is currently located, as well as the five (5) parcels to the southeast of it, was recently rezoned to R-10 Residential District for a single-family residential subdivision. The Conditional Use Permit allowing the church was approved by the City Council on December 8, 1998. The Conditional Use Permit has four (4) conditions: 1 Because the Southeastern Greenbelt and Parkway will impact the rear portion of this site, no permanent structures will be allowed to be constructed within 300 feet of the rear property line. 2. Development of the church shall substantially adhere to the site plan prepared by Verebely and Associates entitled, "Church Facility for Victory Baptist Church," dated September 25, 1998, and on file with the Planning Department. 3. The architecture of the proposed church shall substantially adhere to the rendering by Verebely and Associates entitled, "Church Facility for Victory Baptist Church," dated September 25, 1998, and on file with the Planning Department. Building materials and colors shall consist of red colonial brick on the front portion of the church. The main building in Phase I will be dark brown VICTORY BAPTIST CHURCH Agenda Item 6 Page 1 pre-engineered metal. All roofing will be dark brown metal and trim will be dark brown. Phases II, 111, and IV will be red colonial brick. As these additions are added, the pre-engineered metal building will be covered so that the entire structure will have a brick fagade upon completion of all phases. 4. No modular building shall be erected on the site at anytime. Condition 2 requires that development adhere to the site plan dated September 25, 1998, and, as such, the addition of the proposed dwelling to the site is not covered by that approval. A modification of the Use Permit is, therefore, requested to add the additional dwelling to the church property. The existing church structure is approximately 140 feet from Indian River Road. In addition to the church building and the associated parking, there is an existing dwelling, barn, and shed at the rear of the site. The existing 1-1/2 story dwelling is near the rear of the property and is served by a gravel drive. The proposed relocated dwelling is depicted to be located between the existing church and the current home on the site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church, dwelling unit, and barn SURROUNDING LAND North: . Indian River Road, single-family dwellings / R-15 Open Space USE AND ZONING: Residential District South: . Marsh / R-15 Residential District East: . Single-family dwellings / R-15 Residential District and R-10 Residential District (approved on May 27, 2008) West: . Single-family dwellings / R-15 Residential District NATURAL RESOURCE AND The majority of the site is grass. The rear third of the property is located CULTURAL FEATURES: in the 100 year floodplain and gives way to marshlands (Gum Swamp). The Southern Watersheds Management Area Ordinance requires a 50 foot buffer from the edge of wetlands. The proposed dwelling will not be located within the floodplain, the buffer or any other environmentally sensitive portion of the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. VICTORY BAPTIST CHURCH Agenda item 6 Page 2 The Master Transportation Plan (MTP) proposes a divided, access controlled roadway with bikeway and scenic buffer within a 150 foot right-of-way section. A Capital Improvement Program (CIP) project is programmed for this area. Indian River Road West (Transition Area Network — CIP 2.506) is for the construction of a four -lane divided roadway from Elbow Road to North Landing Road. This project also includes landscaping, aesthetic enhancements, multi -use paths, and bike lanes. Currently, this project is on the "Requested But Not Funded" Project Listing. TRAFFIC: Street Name Present Volume Present Capacity Sunday Generated Traffic Indian River 4,992 ADT 8,800 ADT (Level of Existing Land Use — Road Service "C") —13,200 ADT 411 ADT ' (Level of Service "E") Proposed Land Use 3 — 420 ADT Average Daily Trips t as defined by existing church 3 as defined by church plus addition of dwelling WATER: This dwelling must connect to City water There is a ten -inch water main located in Indian River Road, dust north of this property. SEWER: This dwelling must connect to City sanitary sewer Analysis of Pump Station #574 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. There is a 10 -inch City gravity sanitary sewer main in Indian River Road, just north of this property. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The original Conditional Use Permit in 1998 was for a 300 -seat sanctuary and a day care facility. The application stated that the site would be developed in four (4) phases. The initial phase included a 150 - seat sanctuary, a fellowship hall, and offices. Phases 2 and 3 are to add a gymnasium, and the final phase is to increase the sanctuary seating to 300. As the proposed dwelling was not a part of this 1998 request, a Modification to the existing Conditional Use Permit is required. The proposed dwelling will be moved from the property to the south that has recently been rezoned. There is already one (1) dwelling on the church site, approximately 660 feet from Indian River Road. The proposed relocated structure will VICTORY BAPTIST CHURCH Agenda Item 6 Page 3 be approximately 450 feet from Indian River Road. The recommended conditions are designed to ensure that the dwellings will be used only for activities related to the church. This request to permit an additional dwelling unit on church property is acceptable, subject to the conditions below. The church is compatible with the single-family developments in the vicinity and has been a good neighbor for nearly two decades. This ten -acre site is large enough to accommodate the church and its appurtenant activities; however, it is the understanding of Staff that the dwellings will not be used as a rental unit or for other residential uses, other than a parsonage or church offices. If the applicant decides to expand the use of the dwellings beyond that permitted under this Conditional Use Permit, other City approvals will be necessary. The Southeastern Greenbelt and Parkway will ultimately impact the rear portion of this site. The applicant has no plans to construct any permanent structures in the rear of the property, consistent with the conditions of the original Use Permit. CONDITIONS 1 All conditions, with the exception of Number 2, of the Conditional Use Permit granted by the City Council on December 8, 1998, shall remain in affect. 2. Condition Number 2 of the December 8, 1998, Conditional Use Permit is deleted and replaced with the following: The property shall be developed in substantially accordance to the site plan prepared by John E. Sinne & Associates, LTD., dated May 16, 2008, entitled, "Site Plan of 10.003 Acres, Property of Trustees of Victory Baptist Church for Victory Baptist Church," and has been exhibited to the City Council and is on file with the Planning Department. 3. The proposed two (2) -story dwelling and the existing one (1) -story dwelling, as depicted and identified on the plan in Condition 2 above, shall not be rented or sold as a dwelling unit, used for rehabilitation facilities of any kind, or for any other residential use not approved with this Conditional Use Permit. The use of the two (2) dwellings shall be limited to a parsonage, day care (consistent with the original Use Permit), and/or church offices and church meeting space only. Any other uses than those listed herein as permitted shall require a modification to this Conditional Use Permit. 4. A Certificate of Occupancy shall be required prior to issuance of any final releases. Should the dwelling unit(s) change use over the course of time from one of the uses listed in Condition 3 above to another listed use, all Building Code requirements shall be met, and a request to change the use shall be filed with the Building Official's Office. 5. The proposed two (2) story dwelling and the existing dwelling, as depicted and identified on the plan in Condition 2 above, shall be connected to both City water and sewer VICTORY BAPTIST CHURCH Agenda Item 6 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VICTORY BAPTIST CHURCH Agenda Item 6 Page 5 sw_rwww I ao�i`�iw'i PROPOSED SITE PLAN VICTORY BAPTIST CHURCH Agenda Item 6 Page 6 Im -To 13E MrA\IED ?Vio . To of: VjOME \IICTOK,(BAP-TIS'T CHURCH Agenda item ro Page 7 1 05/27/08 Change of Zoning R-15 to Conditional R-10 Granted 2 12/12/88 CUP (Open Space Promotion Granted 3 09/03/03 CUP Church Granted 4 12/08/98 CUP Church and Daycare) Granted ZONING HISTORY VICTORY BAPTIST CHURCH Agenda Item 6 Page DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) L e5 L, ,e Lt/ • -Sn, S —nes f 2. List all businesses that have a parent -subsidiary' or affiliated business enter=" relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the property owner name followed by the names of all officers, members, trustees, partners, etc. bel�olwi (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 713/07 VICTORY BAPTIST CHURCH Agenda Item 6 Page 9 DISCLOSURE STATEMENT 11 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) Qe� Dvzple M oVed.5 �>O h N 5, ><f'N-e J-- 14 5%c -14#e5 . t- T D ' "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 anther corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. &- f. .49 AA 1J. ppli nt's Signature Ffnni Name .a u�d Property Owners Signature (if differdht than applicant) Print Name Modification of Concitions Application Page 11 of 11 Revised 7/3/2007 D-0-4 PZ14 DISCLOSURE STATEMENT VICTORY BAPTIST CHURCH Agenda Item 6 Page 10 Item #6 Victory Baptist Church Modification of Conditions 4125 Indian River Road District I Centerville July 9, 2008 CONSENT Joseph Strange: The next item is item 6, Victory Baptist Church. An application of Victory Baptist Church for a Modification of Conditions for a request approved by City Council on December 8, 1998. The property is located at 4125 Indian River Road, District 1, Centerville. Is there a representative? Pastor Les Smith: Madame Chairman. Janice Anderson: Welcome back. Pastor Les Smith: Members of the Planning Commission. I'm Pastor Les Smith at Victory Baptist Church. I wasn't looking for this but God bestowed a gift upon us that if the City will approve it to move a beautiful house, which is approximately a 100 yards from the property. It is not the adjoining property but the next. Expert Movers - I think if approved - will move the house. It doesn't have to go in the streets. There are no power poles. It is relatively a simple move. We need approval and if granted, we will proceed. I've talked with the neighbors and everybody that I have talked with including some here. I didn't know they would be here. They said they would speak if necessary and are certainly in favor of it. I have had no opposition whatsoever regarding this move. It is Just a wonderful gift for the church if it happens. Joseph Strange: Are the conditions acceptable? Pastor Les Smith: Yes sir. Joseph Strange: Okay. Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Phil Russo to review this item. Philip Russo: This is a Modification of a Conditional Use Permit approved by the City Council on December 8, 1998 for a church. The applicant requests the modification for the current Use Permit so that the church may relocate a single-family dwelling located on an adjacent property to the south. The church intends to use the dwelling either as a parsonage or for church offices. The property on which the house is currently located is being rezoned R-10 Residential for a single-family subdivision. The existing church structure is approximately 140 feet from Indian River Road and the church also has an existing dwelling on the property, and a shed at the rear of the site. The proposed relocated dwelling will be between the existing church and the existing home on the site. The church is compatible Item #6 Victory Baptist Church Page 2 with the single-family developments in the vicinity. The church has also been a good neighbor for nearly two decades, and the 10 acre site is large enough to accommodate the church and its associated activities. The Planning Department supports this request. Joseph Strange: Thank you Phil. Madame Chairman, I have a motion to approve agenda item 6. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLRY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent. MARCUS HOLMAN Relevant Information: • Lynnhaven District • The applicant requests a Conditional Use Permit to allow use of the site fir a home occupation (photography studio). • Applicant desires to photograph couples and families, and be able to have two (2) employees working with him. Evaluation and Recommendation: Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was opposition. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Marcus Holman for a Conditional Use Permit for a Home Occupation (Photography) on property located at 920 Cardinal Road (GPIN 2418323979). AICUZ Is 65-70. District 5 - LYNNHAVEN MEETING DATE: August 12, 2008 ■ Background: The applicant requests a Conditional Use Permit for a home occupation (photography studio). The applicant is permitted to operate the photography business from the home by -right provided there is no more than one customer on the site at any time. The applicant, however, desires to photograph couples and families, and be able to have two (2) employees working with him, which necessitates the need for the home occupation Conditional Use Permit. The applicant advises staff that upwards of 90 percent of the actual photography is done off-site. ■ Considerations: The site is situated in the Birdneck Point neighborhood, adjacent to the Cavalier Golf Course. A circular driveway with two accesses to Cardinal Road and a 21 - foot by 44 -foot (21'x 44') parking area are located on the site. The driveway and parking area can accommodate parking for approximately eight (8) vehicles. The layout of the driveway and parking area provide for good traffic flow into and out of the site. The applicant's proposed hours for photography are Tuesday through Saturday, from 9:00 a.m. to 6:00 p.m. An accessory activity operated for profit in a residential dwelling unit is acceptable where there is (a) no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot; (b) the traffic generated by the activity is no greater than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; (c) the activity conducted on the premises is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; and (d) the activity is conducted in the principal structure on the lot. Marcus Holman Page 2of2 In the a;pplicant's case, there has been no change to the outside appearance of the home. It is compatible with surrounding dwellings. The applicant can provide sufficient parking on the site, and the parking is not located within the required front yard. The applicant lives in the home, and the business is conducted in the principal structure on the site. The applicant's desire to photograph families and groups at the house is appropriate, as long as the conditions of this Use Permit are adhered to. Interestingly, ministers, marriage commissioners, and other persons authorized by law to perform the rites of marriage may have a maximum of eight (8) persons at their home at any one time in connection with the performance of such rites without having to obtain a home occupation Conditional Use Permit. Any impact of the applicant's proposed photography activity is likely to have no more or less impact than such marriage ceremonies. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. Appointments for photography sittings shall be scheduled so there is no overlap of appointments at any time. 2. All parking for customers and employees shall be met on the site and shall not spillover onto Cardinal Road. Parking shall be located on the asphalt driveway and parking area only and shall not spillover onto the front yard. 3. Hours of operation shall be Tuesday through Saturday, 9:00 a.m. to 6:00 p.m. 4 The 13onditional Use Permit shall be administratively reviewed in one (1) year for compliance with the conditions listed above. ■ Attachments: Staff Review Disclosure, Statement Planning C.'ommission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc: Planning Department City Manager:C �, M MARCUS HOLMAN Agenda Item 1 July 9, 2008 Public Hearing Staff Planner- Faith Christie REQUEST: Conditional Use Permit for a home occupation (Photography studio) R - ADDRESS / DESCRIPTION: Property located at 920 Cardinal Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24183239790000 5 - LYNNHAVEN 34,000 square feet The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of the site for a home occupation (photography studio). The applicant is permitted to operate the photography business from the home by -right provided there is no more than one customer on the site at any time. The applicant, however, desires to photograph couples and families, and be able to have two (2) employees working with him, which necessitates the need for the home occupation conditional use permit. The applicant advises staff that upwards of 90 percent of the actual photography is done off-site. The site is situated to the Birdneck Point neighborhood, adjacent to the Cavalier Golf Course. A circular driveway with two accesses to Cardinal Road and a 21 -foot by 44 -foot (21' x 44') parking area are located on the site. The driveway and parking area can accommodate parking for approximately eight (8) vehicles. The layout of the driveway and parking area provide for good traffic flow into and out of the site. The applicant's proposed hours of operation are Tuesday through Saturday, from 9:00 a.m. to 6:00 p.m. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling occupies the site. SURROUNDING LAND North: . Single-family dwelling / R-40 Residential USE AND ZONING: South: . Single-family dwelling / R-40 Residential East: . Cavalier Golf Course / R-40 Residential West: . Cardinal Road MARCUS HOLMAN Agenda Item 1 Page 1 • Across Cardinal Road are single-family dwellings / R-40 Residential NATURAL RESOURCE AND The site is in the Resource Management Area of the Chesapeake Bay CULTURAL (FEATURES: Preservation area. The site is landscaped with mature trees and shrubs. AICUZ: The site is in an AICUZ of 65-70 dB Ldn Sub -Area 3 surrounding NAS Oceana. IMPACT ON CITY SERVICES There are no impacts to City services. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Evaluation: Staff finds the Conditional Use Permit request for a home occupation for photography is acceptable. An accessory activity operated for profit in a residential dwelling unit is acceptable where there is (a) no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot; (b) the traffic generated by the activity is no greater than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; (c) the activity conducted on the premises is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; and (d) the activity is conducted in the principal structure on the lot. In the applicant's case, there has been no change to the outside appearance of the home. It is compatible with surrounding dwellings. The applicant can provide sufficient parking on the site, and the parking is not located within the required front yard. The applicant lives in the home, and the business is conducted in the principal structure on the site. Staff finds that the applicant's desire to photograph families and groups at the house is appropriate as along as the conditions of this Use Permit are adhered to. Interestingly, ministers, marriage commissioners, and other persons authorized by law to perform the rites of marriage may have a maximum of eight (8) persons at their home at any one time in connection with the performance of such rites without having to obtain a home occupation conditional use permit. Any impact MARCUS HOLMAN Agenda Item 1 Page 2 of the applicant's proposed photography activity is likely to have no more or less impact than such marriage ceremonies. Staff recommends approval of the request subject to the conditions listed below. CONDITIONS 1 Appointments for photography sittings shall be scheduled so there is no overlap of appointments at any time. 2. All parking for customers and employees shall be met on the site and shall not spillover onto Cardinal Road. Parking shall be located on the asphalt driveway and parking area only and shall not spillover onto the front yard. 3. Hours of operation shall be Tuesday through Saturday, 9:00 a.m. to 6:00 p.m. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MARCUS HOLMAN Agenda Item 1 Page 3 THIS IS TO CER7IFY THAT 1. ON 3/27/08 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. NOTES SIS' Ls 1.) THE PROPERTY SHOWN HEREON APPEARS 7O FALL INSIDE ZONE: X AS SHOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR THE CITY OF VIRGINIA BEACH, COMMUNITY PANEL #515531-0023 E 2:) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW( ANY AND/OR ALL EASEMENTS OR RESIMC71ONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. MOW OR FOVAMMY CAVALIER GOLF COURSE WAL 1a�o _ rarer 175 z 3c ,. ASINLT pw DEW"y W V : r 177 NK. COL❑� \ ' , ❑BRK. COL A WK COL❑ CARDINAL ROAD 60' R/W FB SITE SURVEY MARCUS HOLMAN Agenda Item 1 Page 4 PHYSICAL SURVEY LOT 176 0. Q,, ORDNECK POINT — FAIRWAY SECTION p P 193 MB7CH.V � VIR6Mr1U BEACH. VIRGBNA SCALE: 1' . 30' MARCH 28. 2008 BRUCE W. GAU.UP MADE FOR Lk. No. 1484 MARCUS HOLMAN (�. GALLUP S1IRVEMORS t Q�OrtEOtB, L1D. FB SITE SURVEY MARCUS HOLMAN Agenda Item 1 Page 4 There is no ;coning history to report. ZONING HISTORY MARCUS HOLMAN Agenda Item 1 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees. partners, etc. below, (Attach list if necessary) % 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following.- 1 ollowing:1 List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. LiKationship businesses that have a parent -subsidiary' or affiliated business entity2 re with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next pagotnotes Does an official or employeeof e City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the ffictall or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7!3/2007 MARCUS HOLMAN Agenda Item 1 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services. and legal services: (Attach list if necessary) ' "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 nterest 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 t)wn or manage the two entities: there are common or commingled funds or assets; the Iwsiness 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 1letween the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: (certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The t,ndersigned also consents to entry upon the subject property by employees of the Department of Planni 11to photograph and view the site for purposes of processing and evaluating this application. C i/ 17 Applicant's Signature Print Name Property Own nature (if different than applicant) Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT MARCUS HOLMAN Agenda Item 1 Page 8 Item #1 Marcus Holman Conditional Use Permit 920 Cardinal Road District 5 Lynnhaven July 9, 2008 REGULAR Janice Anderson: We will proceed now with our regular agenda. I will ask Mr. Horsley to call the first application. Donald Horsley: Thank you Madame Chairman. Item 1 is Marcus Holman. An application of Marcus Holman for a Conditional Use Permit for a home occupation (photography) on property located at 920 Cardinal Road, District 5, Lynnhaven. Janice Anderson: Mr. Garrmgton. Billy Garrington: Thank you Madame Chairwoman, ladies and gentlemen of the Planning Commission. For the record, I'm Billy Gamngton. I'm happy to be here today on behalf of the applicant Mr. Marcus Holman, who is in the audience, on property known as 920 Cardinal Road in the Birdneck Point Section of the City of Virginia Beach. Madame Chairman, Mr. Holman is here today to ask you for permission for a home occupation for his photography studio to be able to operate out of his home on Cardinal Road. Mr. Holman has owned this property for several years now. He has a photography business that, let me say that 90 percent of his business is done off site. But sometime people have photographs taken of a newborn child, parents or something like that, but if he brings one person to his house he is still in compliance with the ordinance. If he brings two people over to his house, he runs a fowl of the zoning ordinance; he now needs a home occupation permit, which is what we are here for today. But the hard part of that is how do you bring two parents over there at separate times if you're going to photograph them? Again, a majority of his work is done off-site. So, we are here to today to ask you for approval for this home occupation permit for him to be able to run his business in his house. Mr. Holman and his family have gone around, and canvassed the entire Birdneck neighborhood, and I will give you the map indust a few moments, as well as the 40 signatures that we have on the petition of all the people that Mr. Holman has talked too, that have no objection to this. As a matter of fact, many of them volunteered to come down here and show up on his behalf today, but that would have dust clogged this hearing up even more than it already is, so I said no. If we have your permission in writing that is well enough. There are over 40 homeowners that Mr. Holman and his family have talked with that are in agreement with it, and I will give the petitions to the City now so you can take a look at them. Janice Anderson: Thank you. Item #1 Marcus Holman Page 2 Billy Gamngton: I wish I could say we had 100 percent participation, but unfortunately we don't because we do have one neighbor that is in opposition. I don't know how many of you got to go on the vz n trip, when the staff took you out to show you Mr. Holman's house, but if you could have seen Mr. Holman's house before he first bought it, you would have seen a completely different picture over that which is there now. Here is a picture of what Mr. Holman's house looked like when he first took possession of it, and I have numerous pictures here taken both at daytime and at night time showing you what his house looks like now. As you can see he has done a tremendous improvement to that piece of property in the Birdneck subdivision since lie has owned the property. So, he is here today to ask you for permission to have a home occupation in his home, which would be fore a photograph studio. You have seen the staff write up. You have seen what the staff's opinion was of this. Staff is recommending approval in your staff write up with the three conditions that are contained in the staff write up. We are in total agreement with all three of those conditions. We are here today to ask you for permission for this home occupation so that he can operate his business out of his home. I'll be glad to answer any questions that you may have. I understand there is some opposition, so we will just request a brief rebuttal, if necessary, after the opposition. Janice Anderson: Thank you Mr. Gamngton. Are there any questions for Mr. Gamngton at this time? Mr. Lives? Henry Livas: If we. grant you this authority, would your client do all of the photography in the home? Billy Gamngton: It will still be the same way, ninety percent of it is done off site. But there are several times that someone needs to have photographs taken, but they do it in the studio that is in his home. Henry Livas: So it is eighty-five percent? Billy Gamngton: Well, I think it will be eighty-five or something like that. You're correct. The majority of it will still be done off site. He goes to all different venues and things and takes photographs e f people. But if there is someone that wants to come into his home and have a photograph clone inside the studio, and that is the reason why we're here today. Henry Livas: So, that would be very much the exception? Billy Gamngton: That would be very much the exception to the rule. If you look at the site plan he has more than ample parking on site to handle anybody who is going to be coming to his home for this to take place. The staff has looked at the to, and they're recommending favorable, with those conditions. Janice Anderson: Are there any other questions for Mr. Garrington? Thank you. Billy Gamngton: Thank you very much. Item #1 Marcus Holman Page 3 Donald Horsley: We have one speaker in opposition. Mr. Robert Spenski. Janice Anderson: Welcome Mr. Spenski. Robert Spenski: Thanks. It is amazing to me. Ed Weeden: Please state your name. Robert Spenski: I'm sorry. I'm Robert Spenski. I live at 920 Cardinal Road. I live directly across the street from Mr. Holman's home. I've lived there for 20 years. It is really amazing to me to say there are 40 people who do not live adjacent to or across the street that are willing to support Mr. Holman. We are dismayed on what we have heard here. Our situation is quite different then what has been portrayed. We have found that this driveway has been full of automobiles. We have found there have been cars there from time to time that had to park out on the street. Once there were three vehicles that were partially on the street and partially off the street because Cardinal Road is kind of narrow. We know that he wants to increase his business. I went over to his house to find out what exactly was going to happen. And one of the questions that I asked was why do you want to do what you're asking the City to grant you? And the response that I got was "for my convenience". Now, I have a problem with somebody doing something for their convenience that may cause me a problem. And one of the fundamental problems that I spoke to Mr. Holman about was the fact that my wife and I were elderly. We're probably going to eventually have to sell this house, and go to someplace else. We may have somebody come to our home and say we would like to buy your house. Tell me what is going across the street. I'm going to have to disclose that there is a business going across the street. I could very well lose the sale of my house because there is a business going on across the street. I don't think that is fair to us particularly when I hear that he saying that he does 90 percent of his work off the property. Why can't he do 100 percent of the work off the property? There is a business down across from Regency and Laskin. Same name, Holman. They have a studio there. They do their business. Forgetting all of that, we have a problem with the trash. We have a problem with the trucks. We are asking you, we are pleading with you to protect us. We're not the 40 people who don't live next to him and around him. We know that he garners a lot of friends by taking pictures and so forth. But we have only one home. We would very, very much appreciate it that you would protect our interests here. Thank you very much. Janice Anderson: Mr. Spenski, if I could? One of the issues is parking in the road. We have placed a condition that all customers or employees would have to be located in his driveway and could not park on the street, or anything like that. Would that alleviate some of the issues you had? Robert Spenski: You have to live where we are and look across the road and see the number of vehicles that are in his driveway. Okay. They are coming and going constantly. The trucks, the UPS and FedEx trucks, and so forth. We don't think given the fact that he told us that he did $200,00 worth of business last year, why a man who does $200,000 worth of Item #1 Marcus Holman Page 4 business can't rent a studio for 10 more percent of his business and allow us some tranquility? Janice Anderson: Thank you. Robert Spenski: Yes. Janice Anderson: "Do you have a question? Kathy Katsais: Mr. Spenski? Would you agree that if we had a review after one year to see if in fact there was a lot of traffic, parking and other circumstances that are bothering you, if we grant it for one year? Robert Spenski: Given what experience has been and what we've seen and if he does what he says he wants to do and that is of course grow the business. We hope he grows his business. But we don't understand why he wants to do this when he is doing it given the fact that he says he does ninety percent of it off property, why can't he do the other ten percent? Listen, this is a map of Birdneck Point back in 1926. The only businesses that were supposed to be were to be done along Laskin Road. I think those who have been around here know there were some businesses along Laskin Road in the Birdneck Point area. That was all that was supposed to be. And, granted, I know that times change and things require necessities, but quite frankly folks, I don't see the necessity for Mr. Holman to do what he is asking. Why can't he have a studio out of the residential area like other people do? I don't understand that. Why must he have his studio across from our house in a residential area? Janice Anderson: Thank you. I Just wanted to make it clear. We're not trying to change to make this a business property now. It is a home occupation where he can do it. They're limited so it doesn't have a bad impact on the neighborhood, where he could run a small business out of that without the impact on the neighborhood. That is what we're trying to address. Robert Spenski: Ma'am. Janice Anderson: I understand your opposition. Robert Spenski: You're more trusting than I am. Lets' put it that way. Janice Anderson: N.[r. Strange? Joseph Strange: Do you have any pictures that you might have taken where there were a bunch of cars? Robert Spenski: No. But I will tell you when I spoke to Mr. Holman, and I explained my concerns to him, he challenged me by saying "why didn't you complain earlier"? I said to him, you're right. I should have complained earlier. You have a right to condemn for not Item #1 Marcus Holman Page 5 complaining earlier. And so, I didn't. As a neighbor, he knew all our neighbors. You don't want to file with your neighbors particularly those that live that close to you. But he was right. I should have complained earlier about that. He had the right to condemn me for that. Joseph Strange: So, what Ms. Katsias is saying, is the conditions, as I read them, they can't park on the road. They have to park off the road. Even though there are problems at least if we gave it a one year review, if he is in violation, if there is a bunch of traffic out there, you can bring it up. Robert Spenski: Sir? How am I supposed to regulate this or oversee this to ensure that it is being done? I am not a police man. I don't want to be a policeman. All that I'm asking is this man can do ninety percent of his business off his property. Why can't he do it all like other people do? It boggles my mind to think that his convenience is more important than our tranquility. Janice Anderson: Thank you. Are there any further questions? Mr. Garrington? Billy Garnngton: Madame Chairman and members of the Planning Commission. Let me first of all ensure you that Mr. Holman is not here to do anything to damage the tranquility of the lifestyle of Birdneck Point. What Mr. Spenski, and I realize, there are numerous homes in the Birdneck Point area that have home occupation permits granted to them. You have daycare centers that operate in that area. The reason is that you Just don't realize that because when you're nding by in the normal course of the day, you don't realize there is a daycare in that home, but you do have those home occupations that can operate in residential areas without being a detriment to the surrounding properties. That is what Mr. Holman is here to ask you for today. Of the events that Mr. Spenski is telling you about cars parking in the street and cars parking in the right-of-way, those events have nothing to do with the operation of Mr. Homan's business. I play probably over 10,000 rounds of golf at the Cavalier Golf and Yacht Club. I have seen social events from the Cavalier when you have cars parked all up and down the street because there is just not enough room for them to park at the Cavalier. What has happened at Mr. Holman's house on few occasions is that the Birdneck Tennis Club and the Birdneck Civic League have had a social function at his house. And when that happens, you have had cars that have parked on the right-of-way. That does happen. I'm not going to deny that is hasn't. And it will continue to happen when people Just go over and visit somebody in a social theme. But what we're talking about here is the operation of a business. If you have to put a condition on it, that says none of that parking can take place in the right-of-way, we will ensure that it doesn't take place. Ms. Katisas, I think your suggestion is a great idea. Grant it for a year, and come back and review it in one year and see if he, number one is doing what the Commission approved, and number two, is he being a good citizen. If he, isn't then the home occupation permit will go away. So, we're in total agreement with it if you want to make it a fourth condition. And we're in agreement with the conditions that have been put forth. Janice Anderson: Gene. Item #1 Marcus Holman Page 6 Eugene Crabtree: I presume that when he has clients in his home, he only sees clients on appointment basis. Billy Garrington: That is correct. Eugene Crabtree: He does make appointments, I presume of two sets of clients at the same time? Billy Garrington: One of these conditions says that he can't have overlapping appointments. Eugene Crabtree: So by doing appointment only, it appears as though they can be spread out to such an extent that there would not be a congestion of vehicles or automobiles, and we noticed that when we were out there, there is a lot of parking along the left hand side of the house. There are six or seven spaces at least. Billy Garrington: There are plenty of parking spaces. One of his conditions is that he can not have overlapping appointments. Eugene Crabtree: But what he does in the home will be by appointment only. Billy Garrington: That is correct. I thank you very much. Janice Anderson: Thank you. Kathy? Kathy Katsias: I'm ready to make a motion. I would like to approve Marcus Holman for a Conditional Use Permit for a home occupation (photography studio) and adding the fourth condition to have ii., administratively reviewed after one year. Eugene Crabtree: ]Al second it. Janice Anderson: There is a motion by Kathy and a second by Gene. Is there any discussion prior to the vote? Joe? Joseph Strange: I would Just like to make a comment. I'm always concerned when there is a business in a neighborhood because being a small business person I don't have my business in a neighborhood. I have it at a retail establishment. But in this case right here, we're only talking about increasing this maybe five percent. I don't think this is going to be a big increase even though I surely take the neighbors concern into consideration. I hope that you're vigilant. I hope that if he violates it that you do come back and let us know because I would not want a big problem like this in my neighborhood. I'm going to vote for the application based oil that condition, and hopefully the neighbor will be legal. Janice Anderson: David? Item #1 Marcus Holman Page 7 David Redmond: I'm going to support it too. There is something that Mr. Spenski said that really kind of caught my attention, and that is this stream of trucks and UPS and FedEx. All of the rest of those things that can accommodate that can quickly turn a residential setting into what seems a Qua-zi business environment. I think the compromise that Ms. Katsias has proposed is an appropriate solution. However, I would just recommend Mr. Holman that you do your best to minimize that. Nobody wants to live across the street from what is essentially an operating business with all the commotion that goes with that, and I can certainly understand his concern across the street from me or across the street from Mr. Livas. We all would have the same concern. I only urge you to do the best to try to minimize or try to arrange in such a way that kind of traffic doesn't turn it into something that is essentially kind of commercial place of business. I think everyone would object to that. With that said, I share Mr. Strange's view essentially. But I am going to support it with the additional condition that Ms. Katsias suggested. Janice Anderson: Thank you. Are there any other further comments? We are ready for the vote. Ed Weeden: By the vote of 11-0, the Board has approved the application of Marcus Holman with the additional condition of an annual review. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By the vote of 11-0, the Board has approved the application of Marcus Holman with the additional condition of an annual review. lo 'H-Noc-1 �r�l The Holman Family located at 920 Cardinal Rd. is seeking for approval from City Council to have Marcus Holman Photography occupy space at said address. As neighbors in Birdneck Point we are aware: the business exists, but is run very discreetly from the residence. The Holman's have improved the exterior of the premises and have added parking that does not take away from the beauty of the property. As a matter of fact, they received the traveling at dip award upon completion of their landscape/hardscape projects. 'They enjoy the neighborhood; have become very active in the community and host meetings/events that include The Birneck Circle, The Club's Tennis Christmas Party and Edmarc Hospice for Children. We are happy to have them in the neighborhood and support their efforts in seeking the zoning approval before council on July 9, 2008. Name Address 23CF,s f 7_3 S"( 2345) tiYs/ d3` J7 34'T - t A3*5j Al_._....teWM r 9)'0UA��� rte, _Y- W_ iJi �r j 23CF,s f 7_3 S"( 2345) tiYs/ d3` J7 34'T - t A3*5j The Holman Family located at 920 Cardinal Rd. is seeking for approval from City Council to have Marcus Holman Photography occupy space at said address. As neighbors in Birdneck Point we are aware the business exists, but is run very discreetly from the residence. The Holman's have improved the exterior of the premises and have added parking that does not take away from the beauty of the property. As a matter of fact, they received the traveling tulip award upon completion of their landscape/hardscape projects. They enjoy the neighborhood; have become very active in the community and host meetings/events that include The Birneck Circle, The Club's Tennis Christmas Party and Edmarc Hospice for Children. We are happy to have them in the neighborhood and support their efforts in seeking the zoning approval before council on July 9, 2008. Name Address L—C ( Z!2 rt, I In., ft - cr, 7 "WAWKWATM�4�L[I • � _OM NMI J L—C ( Z!2 rt, I In., ft - cr, 7 The Holman Family located at 920 Cardinal Rd. is seeking for approval from City Council to have Marcus Holman Photography occupy space at said address. As neighbors in Birdneck Point we are aware the business exists, but is run very discreetly from the residence. The Holman's have improved the exterior of the premises �md have added parking that does not take away from the beauty of the property. As a matter of fact, they received the traveling tulip award upon completion of their landscape/hardscape projects. 'rhey enjoy the neighborhood; have become very active in the coiranunity and host meetings/events that include The Birneck Circle, The Club's Tennis Christmas Party and Edmarc Hospice for Children. We are happy to have them in the neighborhood and support their efforts in seeking the zoning approval before council on July 9, 2008. 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TT9 X04 132ei rn, 1301 604 1C1�8 +y vii �r 0ph ry+y 2 v N 701 00� r, J24 t12 ' O '0by N +ri wa.,�^ h ? N J N 'n h L. RENSHAw Foimok, JR. July 6, 20QW Dear V rgis" Beach City Council, As a Board Member of Back Bay Reston Don Foumdation as well as a Board Member of other local charities, I would like to write in behalf of Manus Holman Paphy. Marais twd his beam have been snore than supportive over the years m our chadty wa& They are always a financial canhibutor as well as nuummus times donating their photography talents and skills for the betterment of BBRF. This year's gift oft large gift certificates for oar auction weti one of our largest donations and allow as to raise the nioney to continue aur work. _ It is companies like Marcus Holman Photography that allow the n mon com charities that - support local cam to be We to raise money and survive. We arc very grateful as a group and I am extremely grateful for the wmk that Marcus has done personally for my numerous non- profit causes. They dont maim them any better than this Virginia Beach citim! sincerely, . 1000 Bobolink Drive Virginia Beach, VA 23451 July 7, 2008 To Whom This May Concern: The Marcus Holman family moved in to the Birdneck Point home on Cardinal Road and they immediately upgraded the existing landscape. It went from very ordinary to a showplace! Within our neighborhood, the Birdneck Point Garden Club presents a monthly, somewhat coveted award (in the shape of a wooden tulip!) for the "yard of the month". The committee of which I served as the chairperson—completely agreed to present the Holman' yard with that recognition. From the time they arrived in I his neighborhood they have maintained their property in tip-top shape and even have given us all terrific Christmas and other special holiday decorations and lightings. Respectfully submitted, Catherine It. Clexton Yard of the Month Chairman, Birdpeek Point Garden Club March 20, 2008 Marcus Holman Marcus Holman Photography P.O Box 1048 Virginia Beach, Virginia 23451 Dear Marcus: Once again our Horizons Hampton Roads Roast and Toast Gala was a huge success and once again I must thank you for your willingness to do so much pro bono photography for us at the event. I dust had the opportunity to go through the photograph CD you dropped off for me and you and your associate truly capture the evening. Thanks also for coming early to really catch the "pre -show" action. We are truly blessed at Horizons Hampton Roads to have so many wonderful donors such as yourself willing to help this wonderful cause. Each of the last three years you have come through for us with a generous donation of your time and skill to help capture the evening for posterity, not to mention giving us the ability to provide our Roastee each year with a wonderful photographic memory of the evening. I join the entire Board of Horizons Hampton Roads is thanking you for your generosity and caring for our students. Sincerely, Paul Hirschbiel Chair Emeritus and Gala Chair Horizons Hampton Roads EXECUTIVE COMMITTEE John Koehler Metro Area Director Tara Cnste Intem Angela West Mission Staff Jim Howley Committee Chair Va Beach Laura Certa Committee Chair Chesapeake Becky Owens Shannon Victor Committee Chairs Norfolk COMMITTEE Pam Bolt Jim Howley Eileen Alexander Sherry McLaughlin Enc & Trish Dunn Ron Jenson Donna Rossano Tem Lucas Celesia Johnson Sandy West FINANCE (TDS) COMMITTEE Jack Birsch Rusty Cnste AI Midgett Randy Morels Pete Reuss Jeff Richardson Dale Schurman Kurt Werth HONORARY BOARD Matt Breitenberg Scott Hamilton David Phillips Bill "Tree" Rountree William Summs Rosemary Wilson Steve Hadder 210 60'h Street Virginia Beach, VA 23451 757-289-6006 Fax: 757-437-1285 iphn0koehiernelson.com United Way write-in: Y 9 Life Capwnaum- Hampton Roads Young Life is a non-profit 501(c)(3) organization. G -.1..r.1 11'1 A OA ^110CfMA young July 1, 2008 To Whom it May Concern, 'It is my pleasure to inform you that Young Life Capernaum considers Marcus Holman and Marcus Photography a friend, supporter and donor. Because of his consistant support of kids with disabilities and many other charities that support both kids and adults in need, we hold Marcus up as a man that can be trusted to always look out for other people, even people worse off then he is. People he doesn't even know. `Ne count ourselves lucky to be one of Marcus' friends and to have him give his time, efforts and financial support to Capernaum. Marcus has also supported us with photography, photo prints and by showing up at events and fundraisers. We trust Marcus and hope to continue our relationship for a long time. Personally, I world just say that I count Marcus as my dear Brother and will always be there for him. as I know he will always be for me. Sincerely, G John Koehler Director Councilmember Rosemary Wilson City Council/City of Virginia Beach Dear Councilmember Wilson, Marcus Holman has requested that I send you this letter to recognize his involvement in community activities especially his commitment to the Virginia Aquarium & Marine Science Center. Marcus has been a member of the Virginia Aquarium Foundation's young, professional group, Aquarium Connection, for over four years. This group is the next generation of Trustees and major supporters of the Virginia Aquarium. As one of the many leaders in this group, Marcus serves on the Virginia Aquarium Foundation Marketing Committee. His marketing expertise is valuable to us as we continue to grow the Virginia Aquarium and develop ways to increase community awareness of the mission of conservation through education. For the past three years, his company has provided photography services pro Bono to the successful annual gala, Commotion in the Ocean, which is one of the most successful fundraisers in Virginia Beach. His professional services have also been provided in our silent auction packages to generate additional funds in support of either our stranded animal or educational programs. Marcus is someone who is always interested in what you and your organization is doing and how he can contribute to its success. Please do not hesitate to contact me if you have any questions about my comments about this community volunteer. Sincerely, Russell Turner Director of Development Virginia Aquarium & Marine Science Center Foundation XCASA Court Appointed Special Advocates July 2, 2008 Virginia Beach Court Appointed Special Advocates, Inc. Juvenile and Domestic Relations Court 2425 Nimmo Parkway • Virginia Beach, VA 23456 757.385.5616 • F 757.385.1051 To: Virginia Beach City Council Members This is to acknowledge that Marcus Holman has been a supporter of the Virginia Beach Court Appointed Special Advocate (CASA) Program for the past several years. Marcus' contribution of donated photography services has been a generous and much appreciated addition to CASA program fundraising efforts. His support is a valuable part of our goal to provide well trained volunteer court advocates for the abused and neglected children of Virginia Beach. Sincerely, EDEN CAPITAL PAUL O. HIRSCHBIEL, JR. 1604 EDEN WAY VIRGINIA BEACH, VIRGINIA 23454 (757) 362-0436 FAX (757) 362-0419 March 20, 2008 Marcus Holman Marcus Holman Photography P.O. Box 1048 Virginia Beach, Virginia 23451 Dear Marcus: CELLULAR (7571 287-3336 phirschbieifedencapital.net Once again our Horizons Hampton Roads Roast and Toast Gala was a huge success and once again I must thank you for your willingness to do so much pro bono photography for us at the event. I just had the opportunity to go through the photograph CD you dropped off for me and you and your associate truly captured the evening. Thanks also for coming early to catch the "pre -show" action. We are truly blessed at Horizons Hampton Roads to have so many wonderful donors such as yourself willing to help this wonderful cause. Each of the last three years you have come through for us with a generous donation of your time and skill to record the evening for posterity, not to mention giving us the ability to provide our Roastee each year with a wonderful photographic memory of the night. I join the entire Board of Horizons Hampton Roads in thanking you for your generosity and caring for our students. Sincerely, �u Paul Hirschbiel Chair Emeritus and Gala Chair Horizons Hampton Roads From: SLIPOW@aol.com Subject: Charitable Support Date: July 7, 2008 9:33:01 PM EDT To: marcusphotogiaphy@cox.net To Whom it May Concern, July the 2008 Over the years in which Marcus Holman has be a resident in Birdneck Point, he has used his time and talent during his business hours, to be a supporter of Families of Autistic Children in Tidewater. F.A.C.T is a 501c3 non profit charitable organization that reaches out to the families of autistic children in our community in an effort to provide services that are not otherwise available to them. Time and time again Mr. Holman has been forthcoming in working with us in this endeavor. Not only has he help us raise the necessary funds, but he has documented important event with his camera, time and expertise. This is extremely valuable to any non-profit organization. Mr Holman has done this on his own accord never needing to be asked He saw a need and he had a means to help. Clearly Holman Photography is a imntributor to our community and acts civically when ever the chance presents itself. I will be happy to speak with anyone to expand on the services in which Mr. Holman as been apart of our work for these children. I can be reached at 717-9287 Sincerely, Sharon Slipow President F.A.C.T. Gas prices getting you down'? Search AOL Autos for fuel-efficient used cars. From: SLIPOW(gaoi.com Subject: (no subject) Date: July 7, 2008 9:09:43 PM EDT To: marcusphotography@cox.net To Whom It May Concern, As residents of Birdneck Point for over 16 years, we have enjoyed a wonderfully welcoming and dose knit neighborhood. We have absolutely no problem with Holman Photography being run from the home of Marcus Holman, nor do we have any issues with the daycare that Alice Reed runs from her home. We are proud to be a part of a supporting neighborhood. Sharon and Larry Slipow 1320 Kingfisher Court. Gas prices getting you down? Search AOL Autos for fuel-efficient used cars July 4, 2008 City of Virgim.a Beach Planning Commission 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 Re: #I Holman July 9 Dear Commissioners: I am responding on behalf of the Board of Directors of the Cavalier Golf & Yacht Club, located at 1052 Cardinal Road with property adjacent to the Holman property located at 920 Cardinal Road. I understand the Conditional Use Permit for home occupation of which this permit will allow and we take a position of support for his Permit. I know -the Holman's as exceptional neighbors who care for Birdneck Point and contribute sigmficantly to the enjoyment and quality of the neighborhood. They are both quick to voluntoer for efforts that benefit many others including the Birdneck Point Circle which raise many dollars for the benefit of Children's Hospital of the King's Daughters. They also donate photographic memories of Club and Civic Events throughout the year. I have not witnessed any unusual or excessive traffic activity going to or from the Holman's home and rather it is much like the other homes in the neighborhood, well landscaped and well kept! If you should have any further questions which I would be able to assist you with please do not hesitate to contact me via cell phone (757-544-1399) next week as I will be on vacation out of the area. Sincerely, John S. Millesor► General Manager Cavalier Golf & Yacht Club July 7, 2008 Mr. Marcus Holman Marcus Holman Photography P.O. Box 1048 Virginia Beach, VA 23451 Dear Marcus: On behalf of the American Diabetes Association, I would like to thank you for the wonderful support you have provided us the past four years with our annual Gala event. The custom photography you have donated has added incredible value to the look and prestige of our event. We are fortunate to have the support of wonderful corporate and community friends like you and your organization. You are truly making a difference for all people with diabetes and helping us to further our mission of diabetes research, education, awareness, and advocacy I look forward to working with you again for our 2009 Party, scheduled for Saturday, March 7 In the meantime, should you have questions or if I can assist you in any way, please do not hesitate to contact meat 757-424-6662 x3281. Thank you again for the generous donation of your time and talent over the years. Sincerely, Deanie Deanie J. Eldridge Executive Director 870 Greenbrier Circle, Suite 404 �. Post Office Box 41 E Virginia Beach, Va 2345E �) (757) 426-790C �--� — =✓ rM www.thenoblemen.org July 3, 2008 Marcus Holman Photography 920 Cardinal Rd Virginia Beach, Virginia 23451 To Whom It May Concern: Marcus Holman is a member of The Noblemen a local non-profit that focuses on Noble Deeds ix South Hampton Roads. We were established in 1995 and Marcus has played an integral rote for most of that time. Quite simply he is our official photographer and will be as long as he wishes. Marcus Photography and his very capable staff have volunteered to take photographs of many of our unique giving opportunities, everythingfrom thousands of dictionaries to Va. Beach 3'd graders to dying children @ Christmas Not only does he provide the talent, time and materials, Marcus Photography also volunteers for the agencies and families we art! helping. The Noblemen are most grateful to Marcus Holman and his tremendous talent. Quality at a price a nonprofit can afford Thank you 40e Al Midgett — Founder/CEO Be a part of the Solution Dear Sir or Madam, J 1 o 1-3nd Jr- Street Dortsmouth VA 23704 (757) ?b7-925-1 I am writing to you in regards to Marcus Holman Photography Studios located at 920 Cardinal Road in Virginia Beach. I am a Medical Social Worker for Edmarc Hospice for Children in Portsmouth that serves children and families with life limiting and life threatening illness. Over the past few years, Marcus Holman Photography Studios has provided photography sessions and photos free of charge to our families here. Due to the financial strain that the families of children with terminal illness have, many times they do not have the financial means to create memories with photos. Marcus Holman Photography Studios has not only provided our families with life long memories, but he has also provided a serene and calm environment in his studios that allows our families to feel as if they are being photographed in their own homes. Marcus and his family are true philanthropists in every sense of the word, and many of our families that have children who die from their illness cling to the photos that he has provided to them. Marcus Holman Photography Studios has been a true blessing to our families here at Edmarc Hospice for Children. He has given the gift of capturing a memory for our families, and has taken his time, resources, and care to provide over 20 of our families at Edmarc photos free of charge. 1 would ask that you take the services that Marcus Holman provides to our families into consideration when making your decision to relocate his studio. Thank you for your time and careful consideration of this matter. rely,. 1i s MSW Edmarc Hospice for Children (757) 967-9251 ext 212 = - �a ....., - _ _ _ S b _; �•_ V 2-3704 Aft CPrn'1e�: y,aenc, 'Df Tne unitec; A. July 4, 2008 City of Virginia Beach Planning Commission 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 Re: #1 Holrri.an July 9 Dear Commissioners: I am responding on behalf of the Board of Directors of the Cavalier Golf & Yacht Club, located at 1052 Cardinal Road with property adjacent to the Holman property located at 920 Cardinal Road. I understand the Conditional Use Permit for home occupation of which this permit will allow and we take a positron of support for his Permit. I know the Holman's as exceptional neighbors who care for Brrdneck Point and contribute significantly to the enjoyment and quality of the neighborhood. They are both quick to volunteer for efforts that benefit many others including the Brrdneck Point Circle which raise many dollars for the benefit of Children's Hospital of the King's Daughters. They also donate photographic memories of Club and Civic Events throughout the year. I have not witnessed any unusual or excessive traffic activity going to or from the Holman's home and rather it is much like the other homes in the neighborhood, well landscaped anti well kept! If you should have any further questions which I would be able to assist you with please do not hesitate to contact me via cell phone (757-544-1399) next week as I will be on vacation out of the area. Sincerely, John S. Milleson General Manager Cavalier Golf & Yacht Club ,Jul 02 08 10:27a Breakersl 7574229602 p.2 '.� --}-Cm \ July 2, 2008 940 Cardinal Road Virginia Beach, VA 23451 757428-4099 Planning Commission City Of Virginia Beach Dear Planning Commissioner, I am writing to request the denial of the application of Marcus Holman for a zoning variance for an Occupational Photography Studio at 920 Cardinal Road in the Birdneck Point section of Virginia Beach. I have been a resident of this neighborhood since 1976. I reside at 940 Cardinal Road, four houses away from the proposed rezoning. This variance, if approved, will change the integrity of the neighborhood and set a precedent that could lead to future requests for additional non conforming uses. Thank you for your consideration in this matter. Sincerely, Clara Capps Faith Christie =rom: dborek@cox.net Sent: Friday, June 27, 2008 11:50 AM To: Faith Christie Subject: conditional use permit for 920 Cardinal Road Dear Ms. Christi: This letter is to notify you of my objection to the conditional use permit for a phtography studio at 920 Cardinal Road. This operation has been in dffect for at least a year and I have witnessed many cars parked there (similar to that of a strip shopping center). I have not made any complaints in the past, but since now there is an official application to legally operate this business, I feel comcelled to object with pre0udice. I take great pr.Lde in the beauty and privacy of Birdneck Point and find it unneccessary to allow a retail business of any kind to operate legally. Being a business owner, I am aware of the need for zoning regulations (commercial and residential). I hope that you will understand my concerns about any retail business being located in any residential community including Birdneck Point. Thanking you in advance for your consideration in the matter. Sincerely, Barry L. Davis 1208 Kittiwake Court Virginia Beach, Va 2-451 757) 685-3742 email: bdproperties@cox.net 1 Faith Christie :Et-rn 1 '=rom: dborek@cox.net Sent: Friday, June 27, 2008 12:02 PM To: Faith Christie Subject: conditional use permit for 920 Cardinal Road Dear Ms. Christi: This letter is to notify you of my objection to the conditional use permit for a photography studio for 920 Cardinal Road. This operation has been in effect for at least a year and I have witnessed many cars parked there (similar to that of a strip shopping cetnter). I have not made any complaints in the past, but since now there is an official application to legally operate this business, I feel compelled to object with prejudice. I take great pride in the beauty and privacy of Birdneck Point and find it unneccessary to a;.low a retail business of any kind to operate legally. Being a business owner, I am ac,lare of the need for zoning regulations (commercial and residential). I hope that you will understand my concerns about any retail business being located in any rc-,sidential community, including Birdneck Point. Thanking you in advance for your consideration in this matter. S ,_ncerely, Barry L. Davis 1208 Kittiwake Court, Va. Beach, VA 23451 (757) 685-3742 biproperties@cox.net 1 Zoning Complaint File Complaint By- Complaint y Complamt Address 920 CARDINAL RD Business Name Subdivision MARCUS HOLMAN PHOTOGRAPY Date Received 2/19/2008 Received By Bianchi - Jones, Shireen Nature of Complaur: br/photography studio in home/employees to residence and groups of people Action Taken 2/22/08 advised resident of business in residence laws. Results Inspector MANUEL, JEFF Compliance Date Court Folder No. Tuesday, July 01, 2008 ID: 53527 GPIN: 24183239790 Phone: Suite: S� .I- s3 �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Richmond 20 Mhz, LLC, D.B.A. Ntelos for a Conditional Use Permit for a Communication Tower on property located at 5817 Wesleyan Drive (GPIN 1468032646). AICUZ is less than 65. District 2 — Kempsville MEETING DATE: August 12, 2008 ■ Background: The applicant requests a Conditional Use Permit for a communication tower and antennas on the Virginia Wesleyan campus. The proposal is to construct a 124 - foot tall `stealth' monopole with three (3) panel antennas for up to three (3) providers, concealed inside the pole, as well as associated ground equipment within a 50 -foot by 70 -foot (50'x 70') lease area. The monopole is proposed adjacent to existing lighted athletic fields. This location was chosen as there are stadium lights, 80 feet high, surrounding the athletic field. ■ Considerations: The proposed communications tower monopole will be 155 feet from Wesleyan Drive. The proposed landscape plan depicts chain-link fence surrounding 2,400 square feet of the 3,500 square foot lease area and is proposed to connect with an existing chain link fence. There is existing landscaping along the southern portion of the lease area, adjacent to this fence. When the proposed additional fencing is added, this landscaping will be enclosed along this portion of the fence. The plan depicts the installation of wax myrtles around the exterior of the new fence. The applicant's representative has shown that the Virginia Wesleyan College site is the only suitable parcel within their search ring to locate a new communication facility that can meet their desired coverage objectives. The search ring is dominated by small parcel single-family residential and multi -family residential parcels and there does not appear to be any existing communications towers within or in the vicinity nor are there any suitable buildings or other structures to accommodate the proposed antenna. Seven (7) Dominion Virginia Power structures are located within or adjacent to the search ring; however, the towers either cannot structurally handle the additional antenna, the underlying property owner does not want to lease space, or covenants prevent an antenna from being located on the property. A church in the area on Baker Road was Richmond 20MI-I, LLC dba NTelos Page 2 of 3 contactE.,d as a possible site, but the membership was not interested in a communications facility on their property. Due to the proximity to Norfolk International Airport, the Federal Aviation Administration conducted an aeronautical study, at the request of the applicant, and concluded that this request does not exceed obstruction standards and would not be a hazard to air navigation. A copy of said report is on file in the Planning Department. A non-interference with existing public safety communications statement was supplied stating that the equipment selected has been accepted by the Federal Communications Commission and has been "rigorously tested to operate only in a select frequency band without causing interference to other systems as a result of out -of -band emissions, including the public safety radio system operated by Virginia Beach." And finally, a non - ionizing electromagnetic radiation (NIER) analysis was also submitted indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. The City of Virginia Beach Department of Communications and Information Technology (COMIT) reviewed this information and concurs with all of the findings in these three (3) reports. The Planning Commission placed this item on the consent agenda because the proposal meets the standards in the City Zoning Ordinance for communication towers and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approvE: this request with the following conditions: 1. The stealth tower shall be constructed substantially as shown on the site plans entitled, "NTelos, Wesleyan Pines, NR -5429, 5817 Wesleyan Drive, Virginia Beach, VA 23462," prepared by ALLPRO Consulting Group, Inc., dated 04/18/08. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower with antennas and lightning rod shall not exceed 124 feet in height. 3. The final ingress and egress shall be subject to the review and approval of the "amity of Virginia Beach Public Works Department, and, as such, a site plan must be submitted to the Development Services Center if deemed necessary. 4. In addition to the landscaping and fencing shown on the plan entitled, "Landscape Plan, sheet L-1, NTelos, Wesleyan Pines, NR -5429, 35817 Wesleyan Drive, Virginia Beach, VA 23462," prepared by ALLPRO Consulting Group, Inc., dated 04/18/08, slats shall be installed in the proposed chain-link fence in order to aid in further screening the ground equipment. In lieu of a chain-link fence with slats, the applicant may install a solid fence. No barbed Richmond 20MH, LLC dba NTelos Page 3 of 3 wire shall be permitted. Landscaping around the tower shall comply with the City ordinance requirements. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property. 7. No signs indicating the location of this facility are allowed. 8. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 9. As required by Section 232 of the City of Virginia Beach Zoning Ordinance, a structural report shall be submitted during final site plan review. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ) Submitting Department/Agency: Planning Department City Manager:�(Y� RICHMOND 20MHZ, LLC DBA NTELOS Agenda Item 4 July 9, 2008 Public Hearing Staff Planner Carolyn A.K. Smith REQUEST: Conditional Use Permit for communication tower ADDRESS / DESCRIPTION: Property located on the Virginia Wesleyan College campus, located at 5817 Wesleyan Drive GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14680326460000 2 — KEMPSVILLE 200.94 acres for college site 2,400 square foot lease area for tower The applicant -equests a Conditional Use Permit for a SUMMARY OF REQUEST communication tower and antennas on the Virginia Wesleyan campus. The proposal is to construct a 124 -foot tall 'stealth' monopole with three (3) panel antennas for up to three (3) providers, concealed inside the pole, as well as associated ground equipment within a 50 - foot by 70 -foot (50'x 70') lease area. The monopole is proposed adjacent to existing lighted athletic fields. This location was chosen as there are stadium lights, 80 feet high, surrounding the athletic field. Ingress and egress to the lease area is proposed via an existing curb cut on Wesleyan Drive through a 20 -foot wide access and utility easement. A 12 -foot wide gravel road is planned within this easement. The proposed monopole will be approximately 155 feet from Wesleyan Drive. The proposed landscape plan depicts chain-link fence surrounding the 2,400 square feet of the 3,500 square foot lease area and is proposed to connect with the existing chain link fence. There is existing landscaping along the southern portion of the lease area, adjacent to this fence. When the proposed additional fencing is added, this landscaping will be enclosed along this portion of the fence. The plan depicts the installation of wax myrtles around the exterior of the new fence. LAND USE AND ZONING INFORMATION EXISTING LAND USE: College campus, with the tower located at the athletic fields RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 1 SURROUNDING LAND North: . Vacant; single-family dwelling; church/ R-15 Residential District USE AND ZONING: South: . Apartments /A-18 Apartment District East: . Multifamily units; church / A-12 & A-18 Apartment District West: . City of Norfolk NATURAL RESOURCE AND The majority of the site is grass field used for athletic events such as CULTURAL FEATURES: soccer and field hockey. The site is within the Chesapeake Bay watershed; however, within this small section of the Virginia Wesleyan campus, there are no significant environmental or cultural features. AICUZ: The site is in an AICUZ of less than 65 d13 Ldn surrounding NAS Oceana. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this site as part of the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Infill development in the Primary Residential Area should complement and reinforce the predominant physical character of the surrounding property. Evaluation: The applicant's representative has stated that the Virginia Wesleyan College is the only suitable parcel within their search ring to locate a new communication facility that can meet their desired coverage objectives. The search ring is dominated by small parcel single-family residential and multi -family residential parcels and there does not appear to be any existing communications towers within or in the vicinity nor are there any suitable buildings or other structures to accommodate the proposed antenna. Seven (7) Dominion Virginia Power structures are located within or adjacent to the search ring, however, the towers either cannot structurally handle the additional antenna, the underlying property owner does not want to lease space or covenants prevent an antenna from being located on the property A church in the area on Baker Road was contacted as a possible site, but the membership was not interested in a communications facility on their property. The proposal is to construct a 124 foot tall stealth monopole with three (3) panel antennas for up to three (3) providers is recommended for approval. The antennas will be concealed inside the pole, resulting in a better aesthetic condition. The monopole is proposed adjacent to existing lighted athletic fields where stadium lights of 80 feet in height surround the athletic field. It is Staff's opinion that the addition of another vertical structure in this area would not pose any additional negative visual impact. Due to the proximity to Norfolk International Airport, the Federal Aviation Administration conducted an aeronautical RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 2 study, at the request of the applicant, and concluded that this request does not exceed obstruction standards and would not be a hazard to air navigation. A copy of said report is on file in the Planning Department. p, non-interference with existing public safety communications statement was supplied stating that the equipment selected has been accepted by the FCC and has been "rigorously tested to operate only in a select frequency band without causing interference to other systems as a result of out - of -band emissions, including the public safety radio system operated by Virginia Beach." And finally, a non -ionizing electromagnetic radiation (NIER) analysis was also submitted indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. The City of Virginia Beach Department of Communications and Information Technology (COMIT) reviewed this information and concurs with all of the findings in these three (3) reports. CONDITIONS 1 The stealth tower shall be constructed substantially as shown on the site plans entitled, "NTelos, Wesleyan Pines, NR -5429, 5817 Wesleyan Drive, Virginia Beach, VA 23462," prepared by ALLPRO Consulting Group, Inc., dated 04/18/08. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower with antennas and lightning rod shall not exceed 124 feet in height. 3. The final ingress and egress access on a pubic right-of-way shall be subject to the review and approval of the City of Virginia Beach Public Works Department, and, as such, a site plan must be submitted to the Development Services Center 4. In addition to the landscaping and fencing shown on the plan entitled, "Landscape Plan, sheet L-1, NTelos, Wesleyan Pines, NR -5429, 35817 Wesleyan Drive, Virginia Beach, VA 23462," prepared by ALLPRO Consulting Group, Inc., dated 04/18/08, slats shall be installed in the proposed chain-link fence in order to aid in further screening the ground equipment. In lieu of a chain-link fence with slats, the applicant may install a solid fence. No barbed wire shall be permitted. Landscaping around the tower shall comply with the City ordinance requirements. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property. 7 No signs indicating the location of this facility are allowed. 8. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 3 structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 9. As required by Section 232 of the City of Virginia Beach Zoning Ordinance, a structural report shall be submitted during final site plan review. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 4 r'\ S WHELP �. ... ....................... 1111.. "F3�S V/ 2. �yP `Y a Fad I Ptt4 '*a!'ro" 1 clsw � Upa ( RV.48 I t}i, * 1 �Y 1 t f�111..1. � � �', ry 1 t I 4 }� �• ath ME .. 2 i ado. o' erF �2k)seri fuRen we�f.. 1 � � - 3Ea13 [�4431'1433D1C R iY'wXy, tkk �s E, ' ;,� rte.. ...i ° for 3k #S � 3t a VV #cfl..! 7r' y 100% A LIMITS OF SEARCH RING RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 5 L �LT��NRT4VE. pOTEN S aGp-�1CiNs _ 20 mHz I N-TELC RjCNMpND Agenda'ten pa9 NTELOS current service at Wesleyan A A Wesleyan Pini*' CURRENT SERVICE RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 7 NTELOS expected service with Wesleya r; EXPECTED SERVICE IMPROVEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 8 �4ftt� MpAil Win N. E 1 .3 }[ t �slux f�Cii- �ji / > >n lit } f P�„p,N P .OPO, S z � NTE��S Ft�CMM�N� 2()M Benda Item 4 Page . 4� Vi o �� L e tib�R ft 9RO90SVD SITE PLAN MHz I NTELOS RICHMOND 20 Agenda Item 4 Page 10 40-..,.Nt ° I N iaaaaaaa� a� �'` tn�g ,, {■V 4 y A � 'i � Q 4 ■ y T g r a- " 9 � �E! �� Z 3 x!f $ jjA a -a �► lith N it 1 1 1 I li 'r As _VIE lit ir 1 I it �i�ll�lll rPL P AN E I i 1 I I *090SEI) SITE Hz I NTELOS R1CHM�N� 20 Agenda Item 4 Page 11 M i 3 i i 3 3■; 4 I I'allv �s a oil till v sLgg 2K b� kF I� xis �s sit roil lit — b b 9 PROPOSED TOWER ELEVATION RICHMOND 20 MHz LOS Agenda item 4 Page 12 % , 138f, 1.1 I a a 8 e� lvia �Vill �►� yy5p yR CXvs PLAN HZ NTELQS RICHMOND 20 Agenda Item 4 9age �' DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete i'his section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. xt page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what: is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 15 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days pnor to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Appli n s Signaru Print Name Bruce Vaughan Property Owner's Sig ur different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7!3/2007 DISCLOSURE STATEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 16 R VRGIN I A ESLEYAN 6, C O IL L E G E BOARD OF TRUSTEES 2007-2008 Vincent J. Mastracco, Jr., Chairman Partner, Kaufman and Canoles, P. C. Norfolk, Virginia George Y. Birdsong, Vice Chairman President, Birdsong Corporation Suffolk, Virginia O. L. (Butch) Everett, Secretary Chairman, Jones & Frank Corporation Norfolk, Virginia Richard D. Roberts, Treasurer Former President and CEO, TeleCable Corporation Virginia Beach, Virginia Jane P. Batten Former Chairman, VWC Board of Trustees Community Leader and Volunteer Virginia Beach, Virginia Gary D. Bonnewell '79 First Vice President Wealth Management Smith Barney Newport News, Virginia Clarence R. Brown Superintendent, Norfolk District United Methodist Church Norfolk, Virginia Lynn B. Clements Executive Director Virginia Aquarium & Marine Science Center Virginia Beach, Virginia Robert W. Collenberg H'90 Co -Owner The Shutter Door Virginia Beach, Virginia B. Minette Cooper Cultural Alliance of Greater Hampton Roads Norfolk, Virginia Robert H. DeFord, Jr. President DeFord, Ltd. Virginia Beach, Virginia Tammy L. Estep (Ex ofcto) Superintendent, Eastern Shore District United Methodist Church Parksley, Virginia DISCLOSURE STATEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 17 Dale R. Foley David Kaufman CEO Founder & .Senior Managing Director Foley Material Handling Envest Ashland, Virginia Virginia Beach, Virginia Wendell C. Franklin Ronald M. Kramer Senior Vice President Owner/President S.L. Nusbaum Realty Company Kramer Tire Company Norfolk, Virginia Norfolk, Virginia Susan S. Goode Lemuel E. Lewis Community Leader and Volunteer Executive Vice President, CFO Norfolk, Virginia Landmark Communications Norfolk, Virginia Norfolk, Virginia William W. Granger III Virginia Beach, Virginia Director of Corporate Development John E. Lingo, Jr. ValueOptions Vice President Norfolk, Virginia Jack Lingo Realty Norfolk, Virginia Lewes, Delaware William T. Greer, Jr. (Ex officio) Daniel A. Mason '88 President President, VWC Alumni Board Virginia Wesleyan College Master Property Claims Representative Norfolk, Virginia Nationwide Insurance Virginia Beach, Virginia Charles E. Harris President Charles A. McFadden YMCA of South Hampton Roads Executive Vice President Norfolk, Virginia Max Media, Inc. Virginia Beach, Virginia Myrtle Frances Hatcher (Ex officio) .Superintendent, Peninsula District Emily S. Miles United Methodist Church Public Relations Newport News, Virginia Norfolk, Virginia Roy E. Hendrix Jerrold L. Miller Real Estate Management President Virginia Beach, Virginia Earl Industries, Inc. Portsmouth, Virginia Charlene Payne Kammerer (Er officio) Presiding Bishop, Richmond Area Tassos J. Paphites '79 United Methodist Church Chairman & CEO Glen Allen, Virginia Burgerbusters, Inc. Virginia Beach, Virginia DISCLOSURE STATEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 18 Robin D. Ray President, Atlantic Dominion Distributors Virginia Beach, Virginia Jeanne P Ross Community Leader and Volunteer Virginia Beach, Virginia Louis F. Ryan Retired Executive Vice President and General Counsel Landmark Communications Norfolk, Virginia William S. Shelhorse '70 President Chesapeake Bay Contractors, Inc. Virginia Beach, Virginia Anne B. Shumadine President Signadure Financial Management Norfolk, Virginia William H. Thumel, Jr. Abacus Racing Virginia Beach, Virginia Susan Cougill Torma'72 Retired Principal Virginia Beach, Virginia Mark Towe President and COO Oldcasile Materials, Inc. Wash,mgton, DC John A. Trinder President and COO MaxAfedia, Inc. Virginia Beach, Virginia John N. Fest (Ex officio) Superintendent, Portsmouth District United Methodist Church Portsmouth, Virginia D. Henry Watts Past Chair, VWC Board of Trustees Retired, Vice Chairman Norfolk Southern Corporation As of August I, 2007 Trustees Emeriti Robert F. Boyd Partner, Boyd & Boyd, P. C. Norfolk, Virginia S. Frank Blocker, Jr. President, EAD Norfolk, Virginia Jerry G. Bray, Jr. Retired Judge Virginia Beach, Virginia William J. Fanney Retired Director and Chairman Emeritus Life Savings Bank Virginia Beach, Virginia Helen Hoffman Community Leader and Volunteer Norfolk, Virginia Henry C. Hofheimer 11 * Community Leader and Volunteer Norfolk, Virginia H. P. McNeal * Chairman of the Board Empire Machinery and Supply Corporation Norfolk, Virginia Kenneth R. Perry President Suburban Management Company Norfolk, Virginia DISCLOSURE STATEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 19 Ralph G. Roop* Retired CEO Petroleum Marketers, Inc. Richmond, Virginia Mary W. Thrasher President Larchmont United Methodist Church Foundation Norfolk, Virginia Benjamin J. Willis, Jr. President, Willis Wayside, Inc. Virginia Beach, Virginia *Deceased DISCLOSURE STATEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 20 RICHMOND 20MHZ, L.L.C. Written Consent of Sole Member In Lieu of Annual Meeting of Members June 1, 2007 The undersigned, being the sole member of RICHMOND 20MHZ, L.L.C., a Virginia limited liability company (the'Companr), acting pursuant to Section 18-302 and 18-407 of the Delaware Limited Liability Company Act, as amended, hereby adopts and approves the following resolution by written consent In lieu of an annual meeting of members, waiving all rights to notice thereof, whether statutory or otherwise: RESOLVED, that the following persons, whose names are set forth below, are hereby elected to the office set forth opposite their names, to serve In such office until the next annual meeting of the Board or until his or her successor is duly elected and qualifies: James S. Quarforth Chairman and Chief Executive Officer Carl A. Rosberg President David R. Maccarelli Executive Vice President Michael B. Moneymaker Executive Vice President, Chief Financial Officer, Treasurer and Secretary Mary McDermott Senior Vice President Robert L McAvoy, Jr. Vice President Shirley J. Madison Assistant Secretary DISCLOSURE STATEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 21 RICHMOND 20MHZ L.L.C. Written Consent of Sole Member In Lieu of Annual Meeting of Members June 1, 2007 The undersigned, being the sole member of RICHMOND 20MHZ L.L.C., a Virginia limited liability company (the "S), acting pursuant to Section 18-302 and 18-407 of the Delaware Limited Liability Company Act, as amended, hereby adopts and approves the following resolutions by written consent in Ifeu of an annual meeting of members, waiving all rights to notice thereof, whether statutory or otherwise: RESOLVED, that the following individuals are hereby elected as managers of the Company, each to serve In such capacity until the next annual meeting of members of the Company or until his or her successor is elected and qualifies: David R. Maccarelli Mary McDermott Michael B. Moneymaker James S. Quarforth Carl A. Rosberg DISCLOSURE STATEMENT RICHMOND 20 MHz / NTELOS Agenda Item 4 Page 22 Item #4 Richmond 20 MHZ, L.L.C. d/b/a N-Telos Conditional Use Permit 5817 Wesleyan Drive District 2 Kempsville July 9, 2008 CONSENT Janice Anderson: The next group of items we will address will be our consent agenda today. That will be handled by our Vice Chair Joe Strange. Joseph Strange: Thank you Jan. This afternoon we have 8 items on the consent agenda. The first matter is agenda item 4. It's an application of N-Telos for a Conditional Use Permit for a communications tower on property located 5817 Wesleyan Drive, District 2, Kempsville, with nine conditions. Is there a representative on this application? Janice Anderson: Welcome sir. Please state your name. Glenn Hampton: Good afternoon. My name is Glenn Hampton. My business address is 501 Independence Parkway in Chesapeake. I'm representing N-Telos and Virginia Wesleyan College in response to this application. We appreciate being on the consent agenda. The conditions are acceptable to us. Janice Anderson: Thank you Mr. Hampton. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chairman has risked Henry Livas to review this application. Henry Livas: The applicant requests a Conditional Use Permit for a communication tower and antennas on the. Virginia Wesleyan campus. The proposal is to construct a 124 -foot tall stealth monopole with three (3) panel antennas for up to three (3) providers. The associate ground equipment will be located within a 50 -foot by 70 -foot area. The monopole is proposed adjacent to existing lighting facilities. This was chosen as there are stadium lights 80 feet high surrounding the athletic field. Therefore, the addition of another vertical structure in the area will not pose any additional negative visual impact. The Federal Aviation Administration conducted an aeronautical study and concluded that this request does not exceed obstruction standards and would not be a hazard to air navigation near the Norfolk Airport. The ground equipment will be screened by landscaping and fencing. The applicant has stated that Virginia Wesleyan College is only agreeable to placing the tower at this location in the search nng to locate a new communication facility that can meet the desired coverage objectives. Therefore, we recommend approval of the Conditional Use Permit for a communication tower. Item #4 Richmond 20 MHZ, L.L.C. d/b/a N-Telos Page 2 Joseph Strange: Thank you Henry. Madame Chairman, I have a motion to approve agenda item 4. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. Ed Weeden: By a vote of 11-0, the Board has approved item 4 for consent. 4 AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 4 for consent. 4 NEW CINGULAR Va AT&T Relevant Information: • Beach District • The applicant requests a Conditional Use Permit to allow the installation of a 109'-6" communications tower at the rear of the mini - storage facility located on this site. • The proposal is designed to allow for up to three (3) additional antennas (carriers) in addition to the applicant. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was no opposition. Consent agenda item. �i 1J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, L.L.C. (T/A AT&T) for a Conditional Use Permit for a communication tower on property located at 109 North Birdneck Road (GPIN 2417447614). AICUZ is Greater than 75 and APZ-1. DISTRICT 6 — BEACH MEETING DATE: August 12, 2008 ■ Background: The applicant requests a Conditional Use Permit to allow the installation of a communications tower at the rear of the mini -storage facility located on this site. ■ Considerations: The applicant proposes to lease approximately 941 square feet of area for a wireless communications facility. The communications facility will have a 106'-6" tall monopole (with a three-foot tall lightning rod) and an equipment shelter at the ground level. Total height proposed will be 109'-6". The lease area will be secured by a fence and shielded by the appropriate required landscaping. The proposal is designed to allow for up to three (3) additional antennas (carriers) in addition to the applicant. It is Staffs conclusion that this tower will not be intrusive to the visual aesthetics of the community, and this location represents the best alternative for the need in service. The proposed tower satisfies the criteria for wireless communication facility locations in Section 232 of the City Zoning Ordinance. The site is located just outside East Oceana - Strategic Growth Area 8, which the Comprehensive Plan identifies as constrained by floodplain, high noise and accident potential zones. Properties located in this vicinity of Birdneck Road must assure that the site design, building design, and uses are compatible with the surrounding character of this area, which includes some light industrial, commercial, and single-family residential. The Planning Commission placed this item on the consent agenda because the proposed tower is consistent with the standards provided in the City Zoning Ordinance for wireless communication towers and there was no opposition to the proposal. New Cingular Wireless PCS, L.L.C. (AT&T) Page 2of3 ■ Recornmendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. When developed and installed, the tower and antennas shall be in substantial conformance with the plans entitled, "AT & T Norfolk Avenue NF305B 109 N. Birdneck Road Virginia Beach, VA 23451 (Sheets T-1, C-1, C-3 with a revision date 5/15/08; N-1, N-2, N-3, C-4, C-5, C-6, C-7, E-1, E-2, E-3, E-4, E-5, E-6, E-7, E-8 & L-1 with a revision date 5/13/08; SP -1 dated 4/23/08; C-2 with a revision date 5/16/08), prepared by SAI Communications with consultants ALLPRO, Consulting Group, Inc. 2. The tower shall be limited to a total height of 109'-6" with or without a lightning rod total height. In no instance shall antennas be extended higher than the existing 109'-6" high tower 3. The applicant shall install a fence around the proposed telecommunication tower and/or ground equipment depicted on the site plan, with final approval at the discretion of the Planning Director. No new fencing shall have barbed wire. Existing chain link fencing around the tower lease area shall have slats provided for additional screening. Landscaping around the tower shall comply with the City ordinance requirements where applicable. Dead landscaping along the existing fence on Millers Lane shall be replaced with approved landscaping material. Additional landscaping may be provided on the adjacent property to the west of the lease area with approval of adjacent property owner 4. No signs indicating the location of this facility are allowed. 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. New Cingular Wireless PCS, L.L.C. (AT&T) Page 3 of 3 7. The Director of Planning may allow the installation of a type of antennas different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 8. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the antennas, tower and related equipment. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . S \L NEW CINGULAR WIRELESS PCS, LLC (A-r&T) Agenda Item 7 July 9, 2008 Public Hearing Staff Planner- Karen Prochilo REQUEST: Conditional Use Permit for communications tower New-Cineular Wireless PCS. LLC t/a AT&T ��► � � "_" ■ Vii? i'ta►�'L-7iA � >l� s. MINION ADDRESS / DESCRIPTION: Property located at 109 North Birdneck Road. GPIN: COUNCIL ELECTION DISTRICT: TOWER SITE SIZE: 24174476140000 6 - BEACH Lease Area - 941 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow the installation of a communications tower at the rear of the mini -storage facility located on this site. The applicant propc)ses to lease approximately 941 square feet of area for a wireless communications facility. The communications facility will have a 106'-6" tall monopole (with a three-foot tall lightning rod) and an equipment ,shelter at the ground level. Total height proposed will be 109'-6' The lease area will be secured by a fence and shielded by the! appropriate required landscaping. There will be no on-site employees. A technician or maintenance person may visit the site periodically to check equipment. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Self -storage facility SURROUNDING LAND North: . Across Millers Lane is a mini -storage facility / 1-1 Industrial USE AND ZONING: District South: . Self -storage facility/ 1-1 Industrial District East: . Across North Birdneck Road is single-family residential / R 7.5 Residential District NEW CINGULAR WIRELESS — NORTH BIRDNECK Agenda Item 7 Page 1 West: . Office -warehouse / 1-1 industrial District NATURAL RESOURCE AND The majority of the site is impervious, as it is developed with structures CULTURAL FEATURES: and pavement. There are no known significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. FAA Aeronautical Case Study finding of "No Hazard to Air Navigation" IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The proposed communications tower will have no impact on traffic volumes. This proposal does not impact the Birdneck Road CIP project. WATER and SEWER: No impact. STORMWATER: Maintain proposed improvements outside of existing onsite Variable Drainage and Utility Easements. FIRE: No Fire Department comments at this time. ComIT: Information provided by applicant is acceptable. No additional comments at this time. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as the Primary Residential Area. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. The site is located just outside East Oceana - Strategic Growth Area 8 that the Comprehensive Plan identifies to be constrained by floodplain, high noise and accident potential zones. Properties located in this vicinity of Birdneck Road must assure that the site design; building design and uses are compatible with the surrounding character of this area, which includes some light industrial, commercial and single- family residential. NEW CINGULAR WIRELESS - NORTH BIRDNECK Agenda Item 7 Page 2 Evaluation: The request for a communications tower is recommended for approval. The proposed tower will be a 106'-6" high structure with a lightning rod three (3) feet on top for a total height of 109'-6" The proposal is designed to allow for up to three (3) additional antennas (carriers) in addition to the applicant. It is Staff's conclusion that this tower will not be intrusive to the visual aesthetics of the community, and this location represents tFe best alternative for the need in service. The proposed tower satisfies the criteria for wireless communication facility locations in Section 232 of the City Zoning Ordinance. Section 232 of the City Zoning Ordinance requires that no tower be closer to a residential structure than 125 percent of the total height of the tower and antennas. As the proposed antenna will be on the existing tower at 106'••6" feet, no dwellings can be within 133.5 feet of the base of the tower There are no dwellings within this distance of the proposed tower Section 232(b)(1) of the City Zoning Ordinance stipulates the minimum setback requirement from the base of the tower to any property line abutting a residential use or district must be equal to 110 percent of the height of the tower, or in this case, 117 15 feet. There are no residential property lines within the minimum 117 15 feet of the setback. The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code. The applicant also submitted a Nonionizing Electromagnetic Radiation Report (NIER), indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. In sum, staff concludes that the proposed tower is consistent with the standards provided in the City Zoning Ordinance for wireless communication towers and compatible with the policies of the Comprehensive Plan. Approval is recommended with the conditions below. CONDITIONS When developed and installed, the tower and antennas shall be in substantial conformance with the plans entitled, "AT & T Norfolk Avenue NF305B 109 N. Birdneck Road Virginia Beach, VA 23451 (Sheets T-1, C-1, C-3 with a revision date 5/15/08; N-1, N-2, N-3, C-4, C-5, C-6, C-7, E-1, E-2, E-3, E- 4, E-5, E-6, E-7, E-8 & L-1 with a revision date 5/13/08; SP -1 dated 4/23/08; C-2 with a revision date 5/16/03), prepared by SAI Communications with consultants ALLPRO Consulting Group, Inc. 2. The toliver shall be limited to a total height of 109'-6" with or without a lightning rod total height. In no instance shall antennas be extended higher than the existing 109'-6" high tower 3. The applicant shall install a fence around the proposed telecommunication tower and/or ground equipment depicted on the site plan, with final approval at the discretion of the Planning Director No new fencing shall have barbed wire. Existing chain link fencing around the tower lease area shall have slats provided for additional screening. Landscaping around the tower shall comply with the City ordinance requirements where applicable. Dead landscaping along the existing fence on Millers Lane shall be: replaced with approved landscaping material. Additional landscaping may be provided on the adjacent property to the west of the lease area with approval of adjacent property owner 4. No sigrs indicating the location of this facility are allowed. 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended NEW CINGULAR WIRELESS - NORTH BIRDNECK Agenda Item 7 Page 3 user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7 The Director of Planning may allow the installation of a type of antennas different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 8. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the antennas, tower and related equipment. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW CINGULAR WIRELESS — NORTH BIRDNECK Agenda Item 7 Page 4 P ROPOSED SITE LAYOV�----- NORTH BIRDNECK NEW CINGl1LAR W►RECESS - Agenda Item 7 Page 5 1 1 �. PP v t 1� fflta�t'. r lY�yyuM _ y� Qy ` - \ t '14 �- Wig s s a uT GeD S' osFp ENLAR OP NSR TN j3 90NEG PR Rem WIRE�ESS _ Agenda 14 NSW GINC'V�A aE .9-.910 83IMMY3 NUN 10 Moo 3bfuru -- IMV3 3M ru ADM 3D M31N30 ave .9-.6010 IN" 1Y101 g t PROPOSED TOWER ELEVATION NEW CINGULAR WIRELESS - NORTH BIRDNECK Agenda Item 7 Page 7 {�:) fANuxATrNa — _ 'AiNM WAX MYRRI SPACED 0 5-0' UAX 0.0, .../ .... eit 5 t t t't 5 xitt :SIt3� / (E`` UnTt l t ` J y t ` J � / [ rle / / 51 tl 55>II %%% t 117tik �f/f S Sa f I til i `' /�Jrj � MUici'0lC \ NORTH. _..__....... __..__.........__. ..PIA!li18N; ���Nl: M 501AMCAL NAME Cl'NiiAA NAVE- OJANRTY NEUAtB(5 CAF.�EN- 14X54T... SFFY.Ab~ d!C lAtNICA Cfft9%RA Sl"Uh'ENN WAX NiRitE Y4•.-.}6' 24'-2 4 FUU, OM RANT AS %XL PROPOSED LANDSCAPING PLAN NEW CINGULAR WIRELESS - NORTH BIRDNECK Agenda Item 7 Page 8 PROPOS-ED MY NIGH MONOPOI E VVITH SLC TQR MOUNT AND ANTENNAS AT 160' RAD CFNTFR t3 FUTURE CARRIERS SHOWN BELOW) PHOTOGRAPHS OF EXISTING AND PROPOSED CONDITIONS NEW CINGULAR WIRELESS — NORTH BIRDNECK Agenda Item 7 Page 9 'I "F Ar lNew—Cingutut rp, sir, M0,3 A MoAc'-' — 7 Oq6/-11/-08—Pla—nrn�—iing--Conditional —Use Permit (Bulk Storage) Commission i 0-6/-26/01 VC-onditional Rezoning from R-10 to B-1 10/27/86 , Rezoning from R-5 to B-2 - ------------- I Conditional Use Permit (Fiber Optics Transmission Facility) --C—ondifional use Permit (Junk Yard) -6-1/27/86 Rezoning from R-6 to B-1 1-0/10/78 Subdivision Variance 66—/18/78R-5 to B-2 Conditional Use Permit (Storage Yard' Scheduled 07/08/08 City Council Granted Denied Granted Granted Granted Granted Denied I ZONING HISTORY NEW CINGULAR WIRELESS — NORTH BIRDNECK Agenda Item 7 Page 10 F-1 CLOSURE STATEMENT APPLICANT DISCLOSURE Fo',Li!;t applicant is a corporation, partnership, firm, business, or other unincorporated ization, complete the following: the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) New Cingular Wireless PCS, LLC (t/a AT&T) - Please see attached list. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) AT&T Mobility LLC ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Jack Rabbit Self-Storage/Birdneck Road, L.L.C. Members: John C. Aspinwall, J. Michael Bruner, B. Lynn Carter and Eastern Holding Corp. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. TP e�: next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No x If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of to R@Vlsed 7/3/2C07 NEW CINGULAR WIRELESS — NORTH BIRDNECK Agenda Itep 7 E DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) L.eClairRyan, SAI Communications, Allpro Consulting Group, Inc., SiteSafe ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more then 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. T "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary arentsubsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (01) 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 some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Vs. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon reompt of notification (postcard) that the application has been scheduled for public hearing, I on responsible for obtaining end posting the required sign on the subject property at West 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subisct property by employees of the Depertnwnt of Planning to photograph and view the site for purposes of processing and evaluating this application. (f"• -o I ,A, icenYs Signature Print Name +q rk I Property Owner's Signature (if different than applicant) Print Name corditlorW the PermitAppkiiiiw Peps 10 of 10 ReNssd 70=7 NEW CINGULAR WIRELESS - NORTH BIRDNS;CK Agenda Itn 7 Pago" 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) LeClairRyan, SAI Communications, Allpro Consulting Group, Inc., SiteSafe ' "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 oontroiling 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 some 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 he and accurate. I understand that, upon receipt of noftetion (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 leant 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. s Signature l P Owner's Sig ht than applicant) John C - A6PAWAII Ir Print Name Owl 'loll CWWMWW Use P@Mdl APPiCOW Page 10 of 10 Revaed 7/3/2007 NEW CINGULAR WIRELESS — NORTH BIRDNECK Agenda Iter 7 Paq� 13 AT&T Mobility LLC Snsp" pmwk KEY EXECUTIVES FDR AT&T 60611.ITY I.LC' Wn:, 3`+•M Pf Wt4reddin Jwnft T. 011m Ix� f+rMnfx f,anps ftWf A. RlIg1tyn r .A�1.�vw Nor; y1 loaty%m wlmm ,M. % a Rat- 40% i lo. RWnd A. ANkANS d Pd*ftre lip Suva $am Mr tri si+w.AN•, L&A"n Mob* mo to moon" 8"A" ft" hn'4rA,%tr.rtshgx SMO Illt1 'ft 1 N.'; f:P:AItM►t{t�tr% CMeh.004m u' '. R -w 'low AT&T MMLITV LLC ©OARO OF OVECTORS' •.k,. &Vpo $4,w�rwd.f K PROM Yams X. � W H6145a Mp4 fdcbwd A. AtWwmn j t Rwoawnwt w Rmhtrd 0. { "*W 14 Aofclavn0Mso Ra1+daY L. 21ep1A wn t� 4.1 Rewomm%a Mrk L. rtwow J.O. 40 FkgWXf>ahbt Vm Aar C:104f P4400 a1V'• 4)mva, tram. tt•rnf rmpt (.)Ar t1we f)RK.f C�rNJi►is. 1Y•a1aa:S ^-W w•'•'Icn - AUPS4m- *%I t"'IS itlt0 M1 t'tu�•. or wfoor'AA caXLvIe"wo - r%.*l Nm. ;rwl trl,ya�rn UTttw a� .:low Otx• —.iwvl ofor r s� OfWp rl MWk*?#Va `:91ft 566 r,*mt7tJfWJV+M' kK We C.I�rin:r :v C.��ctw�nr MJrfroh #++if3rttlth t+fn,�rrt f'11 nr.�' hatcfrnt a� (:�a.,ral+,rr�A:vkrts •►.ice C.�r„•LYdt:tX� A` i"r�Y'1Ri+lffl •:' �I llidaa► P:Rtw�li .. oil t'r*�,r>Mai ;,f rrrsr;l�•Asl pnclrw± r::•n•.r�+>,I •!i r;� L� �hl•rrsK.:.rr, 9�+�+elt:sx 13urnr:-c, t^rc>tl� GOP”" Dow ••rst °� araar� +:' ..'3_ trr at: •a�,f• it • ...•n', "rr'r.'N I,' - %t DISCLOSURE STATEMENT NEW CINGULAR WIRELESS - NORTH BIRDNECK Agenda Item 7 Pale 14 Item #7 New Cingular Wireless PCS, L.L.C. (T/A AT&T) Conditional Use i'ermit 109 North Birdneck Road District 6 Beach July 9, 2008 CONSENT Joseph Strange: The next item is agenda item 7, an application of New Cingular Wireless PCS, L.L.C. (T/A AT&T) for a Conditional Use Permit for a communication tower on property at 109 North Birdneck Road, District 6, Beach, with eight conditions. Is there a representative? Lisa Murphy: Good afternoon members of Planning Commission, my name is Lisa Murphy, I'm a local attorney. I'm here today on behalf of New Cingular Wireless PCS, L.L.C. (T/A AT&T). We do have the revised conditions and those are acceptable. I'm happy to answer any questions that you might have. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? If not, the Chairmen has asked Jay Bernas to review this item. Jay Bernas: Thank: you. This is an application for a Conditional Use Permit to allow the installation of a communications tower at the rear of a mini -storage facility along Birdneck Road. The applicant proposes to lease 941 square feet for this facility. The tower is proposed to be 106 feet six inches tall with a three foot lightening rod. This tower was originally proposed at 160 but due to FAA regulations, it has since been reduced. We have modified condition 3 to replace some of the dead landscaping along Miller Lane and to possibly add additional landscaping with the approval of the adjacent property owner. This application is consistent with the standards provided in the City Zoning Ordinance and the Commission felt like it should be place on our consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chairman, I have a motion to approve agenda item 7. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE ABS 0 ABSENT 0 Item #8 New Cingular Wireless PCS, L.L.C. (T/A AT&T) Page 2 KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 7 for consent. CENTERVILLE BINGO Map BC -10-11 A-74 (1) Centerville Binzo, Inc. baPOMA 111110-hIMN, - Assemhly Use (Bingo Relevant Information: • Centerville District • The applicant requests a Conditional Use Permit to allow use of a currently vacant unit in this shopping center for an assembly use (bingo hall). • The applicant proposes to operate the facility two (2) days a week, Saturday and Sunday. • Adequate parking exists. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was no opposition. Consent agenda item. u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CENTERVILLE BINGO, INC. fora Conditional Use Permit for an assembly use (bingo hall) on property located at 1920 Centerville Turnpike, Unit 114A (GPIN 1455914345). DISTRICT 1 — CENTERVILLE MEETING DATE: August 12, 2008 ■ Background: The applicant requests a Conditional Use Permit to allow use of a currently vacant 12,000 square foot unit in a 157,159 square foot shopping center for an assembly use (bingo hall). The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. ■ Considerations: The applicant proposes to operate the facility two (2) days a week, Saturday and Sunday, as permitted under Virginia regulations. The applicant anticipates 200 to 300 players at the facility. There will be two (2) employees on site during operating hours. The two bingo operations closest to this proposal are located on Columbus Street, approximately eight miles away, and in Chesapeake, approximately five miles away. The applicant does not anticipate any conflicts with those facilities. There are 730 parking spaces. The proposed use and existing uses require 763 parking spaces; thus, there is a deficiency of 33 parking spaces. Staff visits to the site, however, indicate that there are sufficient parking spaces available throughout the day to support all of the uses in this center. Section 221(i) of the City Zoning Ordinance allows the City Council to consider and approve a Conditional Use Permit with deficiencies such as parking below the minimum if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. It is staffs conclusion that the parking deficiency will not have any impact beyond that which currently exists on the site. The Planning Commission placed this item on the consent agenda because proposed use is compatible to the others in the shopping center, the facility's Centerville Bingo, Inc. Page 2of2 impact is minimized by being operated only two days a week, and there was no oppositic n. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The applicant shall obtain all necessary building permits, inspections, and a certificate of occupancy from the Building Official of the City of Virginia Beach before a business license is issued. 2. The clays of operation are Saturday and Sunday only. ■ Attachments: Staff Rev iew Disclosure Statement Planning Commission Minutes Location IVlap Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager `e, • � - CENTERVILLE BINGO, INC Agenda Item 21 July 9, 2008 Public Hearing Staff Planner- Faith Christie REQUEST: Conditional Use Permit for an assembly use (bingo hall) ADDRESS / DESCRIPTION: 1920 Centerville Turnpike, Unit 114A GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14559143450000 1 - CENTERVILLE SITE: 15.407 ACRES UNIT 12,000 SQUARE FEET APPLICATION HISTORY: The application was deferred at the June 11, 2008 Planning Commission meeting because the signs were not posted on the site. The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of a currently vacant unit in this shopping center for an assembly use (bingo hall). The applicant proposes to operate the facility two (2) days a week, Saturday and Sunday, as permitted under Virginia regulations. The applicant anticipates 200 to 300 players at the facility. There will be two (2) employees on site during operating hours. The two bingo operations closest to this proposal are located on Columbus Street, approximately eight miles away, and in Chesapeake, approximately five miles away. The applicant does not anticipate any conflicts with those facilities. The submitted physical survey depicts a shopping center of 157,159 square feet and 730 parking spaces. The proposed use and existing uses require 763 parking spaces, thus there is a deficiency of 33 parking spaces. Staff visits to the site, however, indicate that there are sufficient parking spaces available throughout the day to support all of the uses. EXISTING LAND USE: Shopping center LAND USE AND ZONING INFORMATION CENTERVILLE BINGO, INC. Agenda Item 21 Page 1 SURROUNDING LAND North: . Retail shops / B-2 Community Business District USE AND ZONING: South: . Single-family dwellings / R-7.5 Residential District East: . Single-family dwellings / R-7.5 Residential District West: . Centerville Turnpike • Retail commercial / B-2 Community Business District NATURAL RESOURCE AND The majority of the site is impervious, as it is developed with a shopping CULTURAL FEATURES: center and parking lots. There do not appear to be any significant environmental or cultural features on the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP1: Centerville Turnpike in front of the shopping center is a four -lane divided minor suburban arterial. The Master Transportation Plan (MTP) proposes a 145 -foot right-of-way with a bikeway. A Capital Improvement Program (CIP) project is slated for the construction of a four -lane divided highway with a bikeway and scenic buffer from Kempsville Road to the Chesapeake city line. The project is requested but not funded. Kempsville Road is a four -lane divided minor urban arterial. The MTP proposes a 150 -foot right-of-way with a bikeway. There are no CIP projects scheduled for this right-of-way. The overall daily traffic generated for the entire shopping center is anticipated to decrease slightly due to the propcsed use. Greater peak hour traffic, however, may result, depending upon the days and start times for tho bingo operation. TRAFFIC: Street Name Centerville Present Volume Present Capacity Generated Traffic 18,379 ADT 12,500 ADT Existing Land Use Turnpike 6,748 ADT 3— Proposed Land Use Kempsville Road 36,037 ADT' 32,700 ADT' 6,667 ADT (91 AM peak; 336 PM peak) nvcicyc vcuy nF..� 2 as defined by a shopping center 3 as defined by a shopping center with a bingo hall WATER and .SEWER: The site is connected to City water and sewer SCHOOLS::3chool populations are not affected by the request. CENTERVILLE BINGO, INC. Agenda Item 21 Page 2 EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: The request for a Conditional Use Permit for an assembly use (bingo hall) is acceptable. While the site will be slightly deficient in parking, the proposed use will only operate two days of the week, and the majority of existing uses tend to be daytime users. Section 221(i) of the City Zoning Ordinance allows the City Council to consider and approve a Conditional Use Permit with deficiencies such as parking below the minimum if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. It is staffs conclusion that the parking deficiency will not have any impact beyond that which exists on the site. The use, therefore, is compatible with existing uses in the center Staff recommends approval of the request subject to the conditions listed below. CONDITIONS 1 The applicant shall obtain all necessary building permits, inspections, and a certificate of occupancy from the Building Official of the City of Virginia Beach before a business license is issued. 2. The days of operation are Saturday and Sunday only. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CENTERVILLE BINGO, INC. Agenda Item 21 Page 3 ltl PROPOSED SITE PLAN CENTERVILLE BINGO, INC. Agenda Item 21 Page 4 PROPOSED BUILDING ELEVATION CENTERVILLE BINGO, INC Agenda Item 21 Page 5 C DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Pill) em�'Cen*ryIIle C9 anels ,soles c�ece.r. Are and der 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) C7 Check here if the applicant is NOT a corporation, partnership, tirm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner Is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 'y sc, u -C Mark.. &yrc+ct -sale. o embe- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) C7 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an Interest In the subject land? Yes No If yes, what Is the name of the official or employee and the nature of their Interest? Conditional Use Permit Application Page 9 of 10 Revised 7f32007 1i CENTERVILLE BINGO, INC. Agenda Item, 21 Page 7 z 0 1= A z 0 v DISCLOSURE STATEMENT 11 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) /JDM w. ZI Ic4taf[��1 (AAAI serviGGS rM id eaCU+Fe�. ra lobA I vW I �-� , real e�tcrfe sar Vices ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2 -3101 - CERTIFICATION: I certify that the information contained herein is true and accurate I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application, l/licant' igna re rI -Pajj;ieWe Print Name C94C QU t P perty w er's Signature (i fferen plicant) Print Name Mark- 60111`641,, sde 0-1e1n6C4- Conditional Use Permit Application Page 10 of 10 Revised 713/2007 CENTERVILLE BINGO, INC. Agenda Item 21 Page 8 Item #21 Centerville Bingo, Inc. Conditional Use Permit 1920 Centerville Turnpike, Unit 114A District 1 Centerville July 9, 2008 CONSENT Joseph Strange: The next item is agenda item 21, an application of Centerville Bingo, Inc. for a Conditional Use Permit for an assembly use (bingo hall) on property located at 1920 Centerville Turnpike, Unit 114A, District 1, Centerville, with one condition. Janice Anderson: Welcome Mr. Richardson. John Richardson: Madame Chairman, John Richardson. How are you? Janice Anderson: Good. John Richardson: There needs to be an additional condition I'm told by the staff to our application. The one condition is acceptable, but the Planning Department wants us to proffer the hours of operation. We are going to operate this building on Saturday and Sunday of each week, so that is an additional condition, that I believe we are required to offer today. We are happy to do that. Janice Anderson: Because when you put the application in those two days had not been decided yet. John Richardson: No ma'am. They are still a bit up in the air, but we will have to come back and modify that. My client is in a location now, which may be temporary or it may not. He has been there for several years. We had a fire and the property has been modified. So he is able to continue to operate, but we're negotiating with the landlord. If he has to close the location, he will operate Saturday and Sundays at this location. If he is able to maintain, he will have come back and ask you to permit to operate two other days of the week. Janice Anderson: Saturday. John Richardson: Yes ma'am. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda with two conditions? If not, the Chairman has asked Barry Knight to review this item. Barry Knight: This agenda item 21, Centerville Bingo, Inc. The applicant requests a Conditional Use Permit to allow use of a currently vacant unit in this shopping center for a bingo hall. The applicant proposes to operate the facility two days a week as permitted under Item #21 Centerville Bingo, Inc. Page 2 Virginia regulation,. And condition 2, as Mr. Richardson has dust stated, those days are going to be Saturday and Sunday. The applicant anticipates 200 to 300 players at the facility. There will be two employees on site during operation hours. The submitted physical survey depicts a shopping of 150,000 square feet 730 parking spaces. The proposed use and existing uses indicate 763 parking spaces, so there is a deficiency of 33 parking spaces. The staff's visit to the site indicated that this shouldn't be a problem. It seems like this shopping center has been challenged of late, so there are plenty of parking spaces. We think this an acceptable use and we haven't heard of any concerns, so we have slated it for the consent agenda. Joseph Strange: Thank you Barry. Madame Chairman, I have a motion to approve agenda item 21. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a rote of 11-0, the Board has approved item 21 for consent. Janice Anderson: Thank you. Thank you all for coming today. MARYANNE GRADO / COSMO'S CORNER CUP - Kennel Relevant Information: • Beach District • The applicant requests a Conditional Use Permit to allow a commercial kennel within two units of an existing office -warehouse building. • An average number of 18 dogs are cared for during dog day-care. Approximately 50 percent of the dogs cared for during dog day-care are shuttled to the facility via a van service provided by the applicant. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (11-0) • There was opposition. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARYANNE GRADO/COSMO'S CORNER for a Conditional Use Permit for a commercial kennel (dog daycare/training facility) on property located at 505 Central Drive, Suites 101-102 (GPIN 14968990030505). DISTRICT 6 — BEACH MEETING DATE: August 12, 2008 ■ Background: The applicant requests a Conditional Use Permit to allow a commercial kennel within two units of an existing office -warehouse building. The site is zoned industrial and is surrounded by other industrial -type uses. The nearest residential zoning district is over 700 feet from the kennel. ■ Considerations: The proposed lease area is 2,100 square feet per unit. Services offered include dog day-care, obedience training, agility training, canine good citizen training, etc. The applicant is already occupying the space, as the applicant was initially unaware of the requirement for a Conditional Use Permit. Hours of operation are from 8:00 a.m. until 6:00 p.m., Mondays through Fridays; Saturdays from 10:00 a.m. until 4:00 p.m., and closed on Sundays. An average of 18 dogs are cared for during dog day-care. Approximately 50 percent of the dogs cared for during dog day-care are shuttled to the facility via a van service provided by the applicant. Other dogs are dropped -off and picked -up at varying times throughout the day. In the future, the applicant proposes to add an additional service for overnight boarding and care for dogs. High noise regulations and Navy owned easements limit allowable development and uses on the site. A commercial kennel is an allowable light industrial use that is compatible with the easement and the surrounding character of this area, which primarily includes light industrial and office uses. No dog training, however, can be allowed at this facility, as dog training is not allowed under the terms and conditions of the Grant of Easement owned by the United States Navy. The northeast two parking spaces located in front of the proposed kennel are included within a dog play area for the proposed use. This play area is enclosed by a six-foot tall solid fence. Staff finds that the remaining spaces on-site provide sufficient parking for the dog day-care and remaining uses on-site. There was opposition to the request. Maryanne Grado / Cosmo's Corner Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The applicant shall, annually, submit to the Zoning Administrator evidence that the dogs are up to date on any required shots and are properly licensed. 2. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: a. No training (i.e., basic obedience, agility, canine good citizen, free style, fly ball, etc.) shall be conducted on the property; b. Only office space maintained in connection with the allowed use of bulk storage/parking shall be permitted; c. No retail sales shall be conducted except as an auxiliary function of enterprises permitted; d. No storage, distribution or handing of explosives, petrochemicals or petroleum -related products shall be allowed at the facility; e. Nothing on the property shall exceed the height restriction over the property; and f. No unidentified use in violation of any other easement restrictions shall be permitted. 3. If it is determined by the Zoning Administrator that the proposed commercial kennel is generating a parking problem, any fencing or other structures obstructing City approved parking spaces shall be removed. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City ManagerC � tc (�ft <b?1 MARYAN N E GRADO / COSMO'S CORNER Agenda Item 18 July 9, 2008 Public Hearing Staff Planner- Leslie Bonilla REQUEST: Conditional Use Permit for commercial kennel. I I III I I I W IncIO ir-�I��.f�It�III�����►r �-- -.-.111 ADDRESS / DESCRIPTION: 505 Central Drive, Suite 101 and 102. CUP - Kennel GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14968990030505 6 - BEACH 46,981 square feet APPLICATION HISTORY: The request was deferred at the June 11, 2008 Planning Commission meeting to allow Staff additional time to resolve an outstanding issue regarding the proposal. Staff has received clarification regarding all outstanding issues and can now move forward with the application request. The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST commercial kennel within two units of an existing office - warehouse building. The proposed lease area is 2,100 square feet per unit. Services offered include dog day-care, obedience training, agility training, canine good citizen training, etc. The applicant is already occupying the space, as the applicant was initially unaware of the requirement for a Conditional Use Permit. Hours of operation are from 8:00 a.m. until 6:00 p.m., Mondays through Fridays; Saturdays from 10:00 a.m. until 4:00 p.m., and closed on Sundays. An average of 18 dogs are cared for during dog day-care, and two to three dogs typically attend group training classes which are provided on weekends or in evenings after dog day-care has ended. The dog owners are welcome to attend and participate in dog training classes offered on-site. The on-site dog trainer is a certified Canine Specialist and a certified American Kennel Club Canine Good Citizen Trainer and Tester Approximately 50 percent of the dogs cared for during dog day-care are shuttled to the facility via a van service provided by the applicant. Other dogs are dropped -off and picked -up at varying times throughout the day. In the future, the applicant proposes to add an additional service for overnight boarding and care for dogs. The site is zoned industrial and is surrounded by other industrial -type uses. The nearest residential zoning district is over 700 feet from the kennel. MARYANNE GRADO / COSMOS CORNER Agenda Item 18 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Office -warehouse building with associated parking SURROUNDING LAND North: . Office and warehouse buildings / 1-1 Light Industrial District USE AND ZONING: South: Office and warehouse buildings / 1-1 Light Industrial Distract East: . Storage building / 1-1 Light Industrial District West: . Office and warehouse buildings / 1-1 Light Industrial District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS Oceana and is subject to an easement owned by the United States Navy. A commercial kennel for breeding or boarding of dogs and cats is compatible with this AICUZ and is allowed under the terms and conditions of the Grant of Easement, but on-site training of the animals is prohibited under the terms and conditions of the Grant of Easement. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Central Drive in front of this application is considered a two lane collector There is currently no capital improvement projects scheduled for this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Central Drive 4,187 ADT 6,200 ADT (Level of Existing Land Use — 29 Service "C") ADT Proposed Land Use 3 - No Professional Data Available Average Daily Trips as defined by ITE Trip Generation calculations for 4,200 square feet of general light industrial useage. 3 as defined by a kennel. WATER: This site currently connects to City water The existing 5/8 -inch meter (City ID #50470050) can be used or upgraded to accommodate the proposed development. SEWER: This site is already connected to City sanitary sewer Analysis of Pump Station #520 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City gravity sanitary sewer main in Central Drive. MARYANNE GRADO / COSMO'S CORNER Agenda Item 18 Page 2 Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Strategic Growth Area 9. Low intensity industrial uses that conform to AICUZ provisions are suitable for the southern and eastern parts of this Strategic Growth Area. Evaluation: High noise regulations and Navy owned easements limit allowable development and uses on the site. A commercial kennel is an allowable light industrial use that is compatible with the surrounding character of this area, which primarily includes light industrial and office uses. No dog training, however, can be allowed at this facility, as dog training is not allowed under the terms and conditions of the Grant of Easement owned by the United States Navy. The northeast two parking spaces located in front the proposed kennel are included within a dog play area for the proposed use. This play area is enclosed by a six-foot tall solid fence. Staff finds that the remaining spaces on-site provide sufficient parking for the dog day-care and remaining uses on-site. Approval of a commercial dog kennel is, therefore, recommended with the conditions listed below. CONDITIONS 1 The applicant shall, annually, submit to the Zoning Administrator evidence that the dogs are up to date on any required shots and are properly licensed. 2. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: a. No training (i.e., basic obedience, agility, canine good citizen, free style, fly ball, etc.) shall be conducted on the property; b. Only office space maintained in connection with the allowed use of bulk storage/parking shall be permitted; c. No retail sales shall be conducted except as an auxiliary function of enterprises permitted; d. No storage, distribution or handing of explosives, petrochemicals or petroleum -related products shall be allowed at the facility; e. Nothing on the property shall exceed the height restriction over the property; and f. No unidentified use in violation of any other easement restrictions shall be permitted. 3. If it is determined by the Zoning Administrator that the proposed commercial kennel is generating a parking problem, any fencing or other structures obstructing City approved parking spaces shall be removed. MARYANNE GRADO / COSMO'S CORNER Agenda Item 18 Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MARYANNE GRADO / COSMO'S CORNER Agenda Item 18 Page 4 PROPOSED COMMERCIAL PARCEL �° KENNEL LOCATION um s' sthE ' (LOMNO @' 15' YgQ@i£ EtaL'Ip4 {F r mmG+6klPiiirll 8At6r2N£ ii2.221) f` M PARCEL2A ■ PARCEL i k LOMON Mw" ¢ INDUSYRAL PW 11 1 Fi p.�arar.ratar-++m l 6' "10' fLt 7W, !k 'o PARCEL 8A 1' ! LONDONtNyEiE iVbt@ 40N7'NN' £ISEMk7tT M DUSTRAIL PARK A. HASSONS eCLa 1 19p y� 6&I PROPOSED COMMERCIAL PARCEL �° KENNEL LOCATION um s' sthE ' (LOMNO @' 15' YgQ@i£ EtaL'Ip4 {F r mmG+6klPiiirll 8At6r2N£ ii2.221) f` M PARCEL2A ■ PARCEL i k LOMON Mw" ¢ INDUSYRAL PW 11 1 Fi p.�arar.ratar-++m l 6' "10' fLt 7W, !k 'o •- iVbt@ 40N7'NN' £ISEMk7tT y� 6&I QA Mt1fFdt`LAU i� 241' VNflniN t14CiRli: # PMR a�r" utt 1:�tucur Narrow c@ur�xrf rasEu6>tf (P.R.26ta. P0.21a2} 6Ae.39ae, PG.221} ' CENTRAL DRIVE (60' RNV) flow t a' VIWAM EIECTkC k +'af; CtwMf thSENENf (0.ams, 2 tAv w PROPOSED SITE PLAN MARYANNE GRADO / COSMO'S CORNER Agenda Item 18 Page 5 LEASE SPACE MARYANNE GRADO / COSMO'S CORNER Agenda Item 18 Page 6 # Date Description Action 1 1-23-96 5-23-92 Conditional Use Permit (communication tower) Conditional Use Permit communication tower Granted Granted 2 8-28-89 Conditional Use Permit (storage) Granted 3 7-5-00 Conditional Use Permit bulk storage) Granted 4 5-8-07 Conditional Use Permit bulk storage) Granted 5 3-13-01 Conditional Use Permit bulk storage) Granted 6 3-28-00 Discontinuance, Closure, & Abandonment of Right -of -Way Granted ZONING HISTORY MARYANNE GRADO / COSMO'S CORNER Agenda Item 18 Page 7 DISCLOSURE STATEMENT O APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, oi� other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, pa Iners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Ix Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. Lift the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) f0/4Me/ V R M V-hkdr le r rXPV �L E/ r'h A/d ja(h — d &VA"Wh w 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. O T—iT;;ee next page for footnotes Does an official or employee of the Ci f Virginia Beach have an interest in the land? Yes No sublet:t �.. If yes, what is the name of the official or employee and the nature of their interest? O Condftiona, Use Permit Application Page 9 of ! 0 Revised 7/3/2007 DISCLOSURE STATEMENT MARYANNE GRADO / COSMO'S CORNER Agenda Item 18 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) i "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view ft site for pu es of processing and evaluating this application. (A h do Applica ig ture Print Nardi Gd� Property Owner's Signature (if different than applicant) Tint Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT MARYANNE GRADO / COSMO'S CORNER Agenda Item 18 Page 9 Item #18 Maryanne Grado/Cosmo's Corner Conditional Use Permit 505 Central Drive, Suites 101-102 District 6 Beach July 9, 2008 REGULAR Donald Horsley: The next item on the agenda is item 18, Maryanne Grado/Cosmo's Corner. An application fora Conditional Use Permit for a commercial dog kennel/daycare training facility on property located at 505 Central Drive, Suites 101 — 102, District 6, Beach. John Richardson: Mr. Chairman, I'm John Richardson. I'm a local attorney representing the applicant on this matter. This property is zoned light industrial. We request a Conditional Use Permit to operate a dog kennel there. My clients are in operation at present. We came here to get this permit, so therefore, we appear before you today to ask this body to approve their application. The conditions are acceptable, not palatable but there is nothing we can do about the Navy overlay. The easement is there. We recognize that so we can't train dogs anymore. My clients would still like to maintain their kennel operation. She tells me that her former employer is here in opposition. I would like to hear what they have to say and I'll respond. I'll be happy to answer any questions that you might have now. Janice Anderson:.kre there any questions for Mr. Richardson now? Thank you. John Richardson: 'Thank you ma'am. Donald Horsley: We have several speakers in favor and one speaker in opposition. Do you want to hear all the: people that are in support? John Richardson: I would just like to listen to the opposition. Donald Horsley: That is up to them if they desire to speak. John Richardson: Oh yes sir, of course. Donald Horsley: The first one is you John. Maryanne is the second one. Maryanne doesn't really care to speak right now. How about Robert Claud? Robert Claud: Good afternoon Madame Chairperson and members of the Commission. My name is Robert Claud and I live at 506 91h Street in Virginia Beach. I'm here to support Cosmo's Corner, znd more importantly, I'm here as an advocate for my Golden Retriever Cammie. She would love to be here herself and speak for herself but I'm not sure you would understand what she would say, so I will do my best. Cammie has been going to Cosmo's Corner since they have opened it up. If she was here, she would tell you that she loves it. Item #18 Maryanne Grado/Cosmo's Corner Page 2 And she loves the Grados. Everyday is Christmas day for Cammie when I say daycare. If you ever get a chance to go there I would strongly recommend it. You all who have dogs, I would strongly recommend that you think about taking your dog there. But if you ever go there, and if you're a pet owner, you know that dogs smile. All you have to do is walk in and you see a bunch of smiling faces. They love it. They love it and they love the Grados. As a human being, I have the utmost respect for the professionalism and the care that Maryanne Grado and her family give to these dogs. To the extent that I have told her, on more than one occasion, and my wife concurs that if anything was to happen to us, I would like her to have Cammie, and I know that she would. We recently took our dog Cammie to the vet and the vet told my wife that Cammie epitomizes what a healthy dog should look like. Lean. You can feel her muscles under her skin, happy both mentally and physically. When we go off to work, as many of the people in this community do, basically what we've had to do is leave her in the house. She now goes and meets her friends, both old and new. Some she's known since they were puppies, and I have complete piece of mind. Cosmo's Corner does a significant service to many people in this community. And I will ask that you allow them to continue to operate as a business. Thank you. Janice Anderson: Thank you very much. Donald Horsley: Thank you sir. Nicole Roccograndi. Janice Anderson: Welcome. Nicole Roccograndi: Hello everyone. I'm Nicole Roccgrandi: I'm daughter of Maryanne Grado, and I dust want to voice my support for Cosmo's Corner. It really is a needed service in the community. We love the dogs. I would do anything for them. I dust want to show my support. Janice Anderson: Thank you for coming. Donald Horsley: Beth Erwin. Beth Erwin: Hi. My name is Beth Erwin. First of all, I just want to say that I've been a Virginia Beach Public School Teacher for 26 years. Being here today has given me a new appreciation for my job. And, I know how much you love the children of Virginia Beach, and as much as you love the children of Virginia Beach and do the right thing by them, I hope you will do the right thing by animals that go to Cosmo's Corner. They truly deserve it. So, again, I am here in support of Cosmo's Corner. Thanks. Donald Horsley: Stacy Weigner. Stacy Weigner: I'm Stacy Wagner. I will repeat everything that these good people said. I wish my dogs could be here and say please lets us go. These are wonderful people who work hard. They truly do. They work so hard for the animals. They rescue animals. They take in animals that are abused. They do so much. I do hope you approve them. Thank you. Item #18 Maryanne Grado/Cosmo's Corner Page 3 Janice Anderson: Thank you. Donald Horsley: Nina Weigner. Nina Weigner: My name is Nina Weigner. I'm a resident of Virginia Beach, and I have to say that my two dogs are home right now wishing they were at Cosmo's Corner with Cammie playing. 1'he owners are fabulous people. Their facility is extremely clean. It is always neat. My dogs are always so excited in the morning when they know they can get up and go to Cosmo's. I don't know what I would do and I don't know what my two puppies would do without that place. So, Just please take into consideration what wonderful people they are. They take great care of all of their clients and all of their pets. Thank you. Janice Anderson: hank you. Donald Horsley: Kevin Nelson. Kevin Nelson: Hello. My name 1s Kevin Nelson. I'm the landlord of the property. And I will tell you that I wouldn't go to bat for hardly any of my tenants, but I will tell you, these people are Just incredible people. They run a great business. I will tell you that when they first came to me and said they wanted to put a doggie daycare in there, I thought, oh God, how clean is the place going to be? The rest of our tenants are, you know, operating businesses there, I thought, and I don't know if this is going to work. But I gave them a shot. You know something, they have really surprised me. They have Just an incredible clean place. They are good group of people and I Just really, really hope you would approve their request. Thank you. Janice Anderson: Thank you. Donald Horsley: Thank you. Karen Hatfield. Karen Hatfield: Thank you. My name is Karen Hatfield. I've been a resident of Virginia Beach since 1987. I am here to represent my dogs Mattie and Spencer, who are good friends with Cammie. My dogs have been at a previous daycare. Those services were discontinued. I would like to ask that you please allow Cosmo's Corner to stay where they are. My dogs have never been happier then they are when they come home from Cosmo's Corner. I usually work 8 to 10 hours a day, and therefore, if I didn't have Cosmo's Corner to rely on they would have to be in a crate. So, I plea with you all to please consider allowing Cosmo's Corner to stay where they are. My dogs would probably stay there 24-7 if they were able too. Sometimes like the owners, and they go to them before they come to me. So, it is a wonderful facility The place is always clean. The staff is very professional. The dogs and you can see, if you Just go in there, and look around, you can see the dogs smiling. They always have fun. They even have a couch and chair to lie on. Donald Horsley: Cheryl McKee. Item #18 Maryanne Grado/Cosmo's Corner Page 4 Cheryl McKee: Good afternoon. My name is Cheryl McKee. I'm owner of Dog Stuff at 564 North Birdneck Road. I'm opposed to this in that it is in the industrial area. I have a business very similar to what they are operating, and I had to go into a business district. Yes, business district does cost more. They are in an area where things probably are half the price to what I have to pay. It is not fair to allow them to do this in areas that are not Just zoned for what they are doing. There are plenty of places out there for rent in the B-2, which is where this is supposed to be done. There are plenty of vacant buildings. We need people in these places, in these shopping centers, in these independent places. We need business but to take this into industrial? They are also doing retail. I've been in their store. I have ads where they are advertising retail. I have advertisement from all of their vendors where they are doing retail. Even off their website. They are showing this as a retail establishment. This is a business. This is not just doggie daycare. They're trying to build it beyond Just bring some dog in and letting them play during the day. I offer daycare also. I know what is involved with daycare people. You bring the dogs into play and when they leave they want to buy their food. They need some treats. I need a collar because my dog chewed it. So, they are bringing in all the supplies also. I asked that you consider what you're doing is opening this up to other businesses. I would love to be able to rent in a lower rate area. I need a bigger facility. So, my consideration is that if you're going to allow this then you're going to allow me to come out and build a retail business with training and daycare. I want to put in some grooming. I would love to put in boarding. So, consider what you're doing. You're opening it up not only for me. Other places other businesses that hear that we can go into a lower rent district. I have friends that would love to go out and buy some property because they would like to do retail. And there are several businesses out there now that would do well with retail added to their services. Please reconsider. Thank you. Janice Anderson: Thank you. I think those are all the speakers. Mr. Richardson? John Richardson: Thank you ma'am. There is nothing to add. The conditions are acceptable. We think this a very good location for this type of business. As you have heard from the supporters, the operation is run as well as possibly could be. We ask you to approve the application. Janice Anderson: Thank you Mr. Richardson. Eugene Crabtree: I have one question for Mr. Richardson. John Richardson: Yes sir. Eugene Crabtree: To best of your knowledge and the owners can probably answer this, since this animals and they have dogs and all, have they had any complaints about noise? John Richardson: No sir. I asked the landlord that Mr. Crabtree, out there in hallway when we first got here at noon. He indicated that he had not had any complaints whatsoever from his other tenants about noise or waste or things of that type. Item #18 Maryanne Grado/Cosmo's Corner Page 5 Eugene Crabtree: Question number two? John Richardson: Yes sir. Eugene Crabtree: Of course, this being in an industrial area, anybody in the City can go to something in an industrial area and put in for a Conditional Use Permit. It doesn't make any difference whatsoever. So, this opportunity that is in a place like this, which in itself is an industrial area, that opportunity is open to every citizen in Virginia Beach if they so desire to go find an industrial area and come before us with a Conditional Use Permit. Is that correct? John Richardson: That is correct. These are the typical of uses that are permitted in the industrial district. Yes sir. Eugene Crabtree: 7hank you. John Richardson: Yes sir. Janice Anderson: Go ahead Dave. Karen Lasley: Mr. Crabtree, you may remember that is a recent code change that we now allow this as a Conditional Use in industrial. That was just approved by Council last month. Eugene Crabtree: :But it is still open to anybody in the city to do it. Karen Lasley: Ye.,: sir. Absolutely. In regard to the comment about the commercial use, just a rule of thumb, you can do retail as an accessory, and 20 percent is considered accessory. You can't do limited retail. David Redmond: :Excellent segway. Could you address that young lady's complaint about the retail element? What percentage is the retail of this operation, if you know? John Richardson: I'll find out. I'll ask Ms. Grado. It is less then ten percent of her revenues. When you come ir, she does have dog food, kennel, collars and things of that type for sale to customers in the kennel. David Redmond: Thank you. John Richardson: Yes sir. Janice Anderson: Are there any further questions? Thank you. John Richardson: Thank you ma'am. Janice Anderson: Do you have something new ma'am? Item #18 Maryanne GradolCosmo's Corner Page 6 Cheryl McKee: Yes ma'am. I don't see ten percent. Janice Anderson: Wait. Cheryl McKee: Ten percent would be a very limited amount of product in their store. They are offering several brands of dog food. I have here and if you would like to see it, the companies they are listing with. They are selling several brands of dog food, collars, leashes, treats, beds. You name it. They got it. It is like a little pet store in a small area. It is not a ten percent area. I know since when I started I had a very small business that has grown and flourished. It is not going to stay ten percent. You're not in there just to take a couple of dollars here and a couple of dollars there. You get greedy. Once ten dollars comes, let me get twenty. I need forty, give me sixty. It is going to keep growing. It is not ten percent. As far as the noise, the dogs are put into an area where they having to deal with planes. I know from experience having gone to her business that when I exit my vehicle, you can hear the dogs outside the building, went in, of course, you can still hear. It is not like it's a sound proof building to protect the dogs against all the noise the Navy. It is not ten percent. Janice Anderson: Okay. Thank you ma'am. Joseph Strange: So, your basic complaint is that you think it is unfair competition. Cheryl McKee: I Just think they should be in industrial. I'm not saying put them out of business. I'm saying fair is fair. If I have to go, and I have called and asked Zoning to be able to get in there because I want to build. But I'm told no, I can't go in there. So, I'm saying they need to go into a business district where they are properly zoned. Joseph Strange: They're saying now you can be in there. Janice Anderson: It is a recent change. Cheryl McKee: Well that recent change only came up because these people wanted to go in. They were tired of me complaining. They are operating without a valid business license since last year. Joseph Strange: I truly understand your complaint because all you want is fair competition right? Cheryl McKee: True. Joseph Strange: I can appreciate that. But now it is fair for you to do the same thing. Cheryl McKee: But why hasn't it been fair for the 18 years I've been open? Joseph Strange: Well, that is not the point. The point it is fair now. Item #18 Maryanne Grado/Cosmo's Corner Page 7 Cheryl McKee: It's fair because they are getting it changed. They are the ones who got the changing with City Council. Joseph Strange: Well, I don't know that. But I'm just saying to you that the opportunity now exists for you to compete on the same basis. Cheryl McKee: So, when I call zoning this afternoon they going to tell me that is okay? Because they have told me in the past, and I have called, my groomer has called. I've had other people call to try to get in here. I've have been told no. I have lost good rents. Joseph Strange: I have been notified by head shakes that if you call Zoning they are going to tell you that it is okay. Janice Anderson: Before we forward this application, Karen can you address it? Cheryl McKee: This property that I was going to get a good deal on is not available now. Joseph Strange: There are still a lot of good deals on property today. Believe me. Joseph Strange: I emphasize with your situation. If it is unfair, and believe me, I'm a small business person too, I see it everyday and you don't like when someone has an unfair advantage over you. So, I really do emphasize. Cheryl McKee: So, I can call them today and get permission to go in. I'm going to be able to call up and open up an automobile repair? Maybe open up a motorcycle shop. Joseph Strange: Teas is not the place to answer these questions. The place is to go to Zoning. Cheryl McKee: Well, I've been to Zoning and they have told me no. Stephen White: They told you no prior to the amendment to the Zoning Ordinance. Now that that amendment hE.s been approved by the City Council, if you were to go into Zoning and say I wanted to start this business, they would tell you that is fine but you need to get the application for a Use Permit, apply, find a planner, and the planner will explain the process to you. Joseph Strange: I wish you the best of luck. I hope you do expand your business. I hope you do it in a fair way. But in this case right here, I don't see where, I don't see I can do anything but to approve it. She is not violating the law. Cheryl McKee: So, what happens when she does expand her retail? I mean she is in a place where Ms. Hankins for the Navy said no for retail. She says no for training. Joseph Strange: That is another site. She says she is not doing that. Item #18 Maryanne Grado/Cosmo's Corner Page 8 Cheryl McKee: She is doing it. I've been in the store and seen it. Do you go into everybody's places to check it out? Somebody needs to go out there and look. Joseph Strange: All I would say to you from my point is that we are not the final decision maker here. Cheryl McKee: This is evidence that she is doing retail. Joseph Strange: If you have that type of evidence you should take it to City Council. Janice Anderson: Ma'am, we're approving her to the 20 percent. That is what we're approving. Cheryl McKee: Okay. Thank you. Janice Anderson: Thank you. Is there any other discussion? Go ahead Barry Barry Knight: I make a motion to approve agenda item 18, Maryanne Grado/Cosmo's Corner. Janice Anderson: There is a motion by Barry Knight. We have a second by Al Henley. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the board has approved the application of Maryanne Grado/Cosmo's Corner. John Richardson: Thank you for your time. Janice Anderson: Thank you. Page I of 1 Leslie J. Bonilla From: Carolyn Sebbio [ccsebbio@gmail.com] Sent: Wednesday, July 09, 2008 6:39 AM To: Leslie J. Bonilla Subject: Conditional Jse Permit Maryanne Grado/Cosmo's Corner Dear Ms. Bonilla, I am a resident of Virginia Beach and vote to approve a conditional use permit for Cosmo's Corner located at 505 Central Drive. When doggy day care was introduced to the United States many years ago, I thought it was the silliest thing I ever heard of. My attitude changed when I adopted my youngest pup, a Shepherd mix with oh so many psycological problems. The short version is that Pepmo has been through three trainers and got kicked out of two day care facilities. Her last expulsion came with the explanation, "We just don't know how to outsmart your dog." That's when I found Cosmo's Corner. Indust one or two days a week, over the last couple of months, Pepmo has become much calmer, more independent and very well -adjusted. The folks at Cosmo's worked with Pepino to overcome her fears rather than trying to scare the fears out of her (duh!) like previous trainers and day cares tried to do. Please keep my pup and many others like her who need the services of Cosmo's Corner and vote to approve their continued good work in their current location. Respectfully, Carolyn Sebbio Resident 757.416.2540 ragc 1 Vl 1 Leslie J. Bonilla From: Lisa Pearson [lisapears@gmail.com] Sent: Monday, July 07, 200810:26 PM To: Leslie J. Bonilla Subject: Cosmos Corner Please grant license for doggy datcare at planning comission 7/9. Marianne and Nicole are the best and my dog has been going since they opened!! 7/8/2008 rage i ut i Leslie J. Bonilla From: Emily White [emily29@cox.net] Sent: Monday, July 07, 200810:16 PM To: Leslie J. Bonilla Cc: cosmoscorner@yahoo.com Subject: COSMOS CORNER USE PERMIT This is a request that the Planning Commission grant the necessary use permit for Cosmos Corner to stay in its current location at 505 Central Drive #101, Va. Beach, VA This location is ideal for their doggie daycare usage as it provides ample space for the dogs enjoyment and safety,as well as it is located away from pedestrian and vehicular traffic. It is a "win" situation for the public, the owners and myself, along with all the other dog owners who use and depend on their daycare. The owners, Maryanne and Nicole have provided one of the finest daycare facilities in this area. Their knowledge, skill and dedication is invaluable and allows to me to go to work feeling totally confident that my dog, Sophie is being well cared for and is safe. I respectfully submit this request. Emily J. White 209 50th St. Va. Beach, VA 23451 (787)428-0749 '7 IQ ilnnQ rags 1 ui 1 Leslie J. Bonilla From: Scott Waitzer[swaitzer@signaturemanagementcorp.com] Sent: Monday, July 07, 2008 5:02 PM To: Leslie J. Bonilla Subject: Cosmo's Corner I support Cosmo's Corner as a good & much needed service to the area. They have been taking care of my dogs for years. Scott F -IRT .TITiT:1 rage i or i Leslie J. Bonilla From: Stephanie LaMarche (siamarche@cox.net] Sent: Monday, July 07, 2008 3:32 PM To: Leslie J. Bonilla Subject: Cosmos Corner Hi, I am writing in favor of the permit that Cosmo's Corner is trying to obtain from the city. Mary Ann and Nicole are very nice people who really care about what they do. My dogs have attended their daycare several times and they love it and I trust them 100% with my "babies." I strongly support Mary Ann and Nicole in request for this permit. Sincerely, Stephanie LaMarche �y to PI Ano Page 1 of 1 Leslie J. Bonilla From: Marta Long [martalong82@yahoo.comj Sent: Saturday, July 05, 2008 11:26 AM To: Leslie J. Bonilla Subject: COSMO'S CORNER To Whom It May Concern, I am an extremely happy doggie named Niki and 1 attend Cosmo's Corner Daycare. I have been hanging out with Nicole, MaryAnne and David for years. I go to daycare 3 times a week or more. I am so grateful to my mom for finding these wonderful people. Instead of staying home doing nothing all day while my mom works I get to play with my friends and family (oh my uncle and cousin go to Cosmo's too). I also get to learn new tricks like running on a treadmill and my basic manners are reinforced so I can be the best doggie I can be!! They have fun agility courses I get to play on & all the toys a dog could want!! Seriously it's the greatest place on earth!! Sometimes it's even hard for me to say goodbye at the end of the day; I run to Nicole and MaryAnne to make sure I give them goodbye kisses! This year they threw me a huge 7th Birthday party. It was so much fun; all my friends and family were there eating cake and playing. It was my best birthday ever. I attached photos of my party to show you that Cosmo's Corner is the greatest place a dog can go when their owners are away. Have a wonderful day' Niki Long ... oh my mom's name is Marta Long.... ;-) 2114 Sanctuary Court Virginia Beach, Va 23454 (757)705-4425 MartaLong82 yahoo.com 7/R/2()1R Page 1 of 1 Leslie J. Bonilla From: rubberdoc1 @aol.com Sent: Wednesday, July 02, 2008 1:25 PM To: Leslie J. Bonilla Subject: Fwd: cosmo's corner -----Original Message ----- From: rubberdocl@;iol.com To: LBONILLA@VB.GOV Sent: Tue, 1 Jul 2008 12:22 pm Subject: cosmo's corner i cannot understand why the city of virginia beach would be wasting my tax dollars investigating this establishment! the management and owners of cosmo's corner are decent, kind, and loving people, whose only interest is to provide a fun and safe place for dogs to gather for day care. my dog, toby, goes everyday and loves every minute. in fact, he is moody if he does not attend daily. cosmo's corner provides a great sen -ice to dog owners that work. i would think the city of VB would be encouraging maryanne and her stiff in having created a very useful business that brings tax revenue to the city. allen long towne center virginia beach Get the Moviefone Toolbar Showtimes, theaters, movie news, & more! Get the Moviefone Toolbar. Showtimes, theaters, movie news, & more! rage ioii Leslie J. Bonilla From: sshhee504@aol.com Sent: Wednesday, July 02, 2008 1:00 PM To: Leslie J. Bonilla Subject: re: Cosmo's Corner I am writing in reference to Cosmo's Corner Daycare. My dog has been going since they opened. MaryAnn & Nicole and all the employees are great. They treat the dogs as their own, in a safe, clean enviroment. Providing exercise, playtime,and socialization with other dogs. Toby is always excited to arrive and pooped when I pick him up. The indoor facillity is wonderful, especially with the high temperatures and smoke we've had this summer. I also have 2 Granddogs that are regulars. This is a big help with my kids busy work schedules. Everyone is happy and tired when they leave. Cosmo's provides a great service to this community, and MaryAnn, Nicole & David deserve the utmost respect. Just as they give to their Doggy clients and their owners.. Sheila Long & Toby Long Virginia Beach, VA Get the Moviefone Toolbar Showtimes, theaters, movie news, & more! Get the Moviefone Toolbar Showtimes, theaters, movie news, & more! 7/8/2008 Yage 1 of 1 Leslie J. Bonilla From: bethandcasey@cox.net Sent: Wednesday, July 02, 2008 10:24 AM To: Leslie J. Bonilla Subject: Cosmos Corner My name is Elizabeth Erwin and I am writing in support of Cosmo's Corner located at 505 Central Drive (#101). I think the owners are being unfairly treated and should be left alone to provide a place for dogs to play and be trained. They have the proper permits, but they continue to be harassed. Whoever is trying to drive them out of business is being vindictive and does not care about dogs. Shutting down Cosmo's Corner would destroy the livelihood of a family and a well needed service for dogs. Sincerely, Elizabeth Erwin 2630 Ocean Shore Ave. Virginia Beach, VA 23451 17 io /Inno e Leslie J. Bonilla From: Nina Long [nina_vizi_long@yahoo.com] Sent: Tuesday, July 01, 2008 6:18 PM To: Leslie J. Bonilla Subject: Cosmo's Corner Please approve zoning for Cosmo's Corner. The day care they provide for dogs is excellent and the facility is clean and well kept. The owners have a sincere love for animals and they are caring people. Thank you! 7/2/2008 Leslie J. Bonilla From: Mastiffoc@aol.com Sent: Tuesday, J .ily 01, 2008 5:43 PM To: Leslie J. Bonilla Subject: COSMOS CORNER SIRS,I AM WRITING 'TO YOU ON BEHALF OF THE BEST DOGGIE DAY CARE. PLEASE APPROVE THEIR OPPERATION.IT HARMS NO ONE MAKES THE ANIMALS HAPPY AND WELL BEHAVED.THE PEOPLE RUNNING COSMOS ARE KIND CARING.THE FACILITY IS CLEAN AIR CONDITIONED AND WELL SUPERVISED AT ALL TIMES.TRAFFIC IS MINIMAL AS MOST DOGS ARE TAXIED.I AND MANY OF MY FRIENDS HAVE USED COSMOS SINCE THEY OPENED SEPT 07 THANKYOU A.N.WEIGNER Gas prices getting you down? Search AOL Autos for fuel-efficient used cars. 7/2/2008 Leslie J. Bonilla From: Nina Weigner [Nina _Weigner@liz.com] Sent: Tuesday, July 01, 2008 6:04 PM ro, Leslie J. Bonilla Subject: COSMO CORNER Importance: High AM WRITING TO BEG OF YOU TO DO EVERYTHING POSSIBLE TO GET THE ZONING APPROVED FOR COSMO'S CORNER. I LIVE IN VA BEACH- HAVE USED THEM SINCE THEY OPENED IN SEPT 2007- I HAVE TWO DOGS THAT :LOVE TO GO TO THIS GREAT DAY CARE CENTER FOR DOGS. THE OWNERS OF COSMO'S ARE GREAT WITH ALL THE PET'S AND THE OWNERS- THERE FACILITY IS LEAN, NET AND WELL MAINTAINED- THEY HAVE GREAT SUPERVISION AT ALL TIMES. THE UNITS ARE WELL AIR CONDITIONED- THE NOISE DOES NOT ESCAPE THE BUILDING- THE DOGS ARE ALL EXTREMLY HAPPY AND LOVE TO ATTEND THIS PLACE. MY TWO DOGS WILL BE HEART BROKEN IF THEY ARE NOT ABLE TO ATTEND AT LEAST 3 OR 4 TIMES A WEEK. THANKS FOR READING THIS AND I DO HOPE YOU MAKE THE RIGHT DECISION AS THE FOLKS THAT OWN THIS BUSINESS ARE VERY HONEST HARD WORKING AND CARING PEOPLE THAT DESERVE THE CHANCE TO GROW WITH THE COMMUNITY. THANKS NINA L. WEIGNER 757-412-1310 This message (including any attachments) is intended solely for the specific individual(s) or entity(ies) named above, and may contain legally privileged and confidential information. If you are not the intended recipient, please notify the sender immediately by replying to this message and then delete it. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, by other than the intended recipient, is strictly prohibited. 1 -48 - Item V -L 5. ITEM 57818 PLANNING Sandra K r and Michael Sawyer, represented their application Upon motion by Councilman Dyer, seoconded by Council Lady Wilson, City Council DEFFERED TO AUGUST 12, 2008, Ordinance upon application of SANDRA K. SAWYER (Sandy's Angels Daycare) for a Conditional Use Permit re in-home daycare of up to twelve (12) children ORDINANCE UPON APPLICA TION OF SANDRA K. SAWYER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARE) Ordinance upon application of SANDRA K SAWYER for a Conditional Use Permit for a home occupation (day care) on property located at 5621 Parkland Court (GPIN 1466000982). AICUZ is Less than 65 dB. DISTRICT 1— CENTERVILLE. The applicant shall work with Councilman Dyer and City Staff to assure the safety of the children re the fence and swimming pool enclosure. Voting: 9--1 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay Harry E. Diezel Council Members Absent: Ron A. Villanueva July 1, 2008 SANDRA SAWYER CUP - Home Daycare Relevant Information: • Cenbirville District • The applicant requests a Conditional Use Permit to allow a home daycare for up to 12 children. • The site, zoned R-7.5 Residential, is approximately 11,000 square feet in size. There is an existing 2,100 square foot, single-family dwelling on the site, with a large, fenced rear yard. • The proposed hours of operation are 6:30 a.m. to 5:30 p.m., Monday through Friday. A qualified assistant will be on site. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0-1) • No opposition. Consent Agenda. wec,� a y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SANDRA K. SAWYER for a Conditional Use Permit for a home occupation (day care) on property located at 5621 Parkland Court (GPIN 1466000982). AICUZ is Less than 65 dB. DISTRICT 1 — CENTERVILLE. MEETING DATE: July 1, 2008 ■ Background: The applicant currently owns and operates Sandy's Angels Daycare in Chesapeake, Virginia, which cares for 38 children with a staff of seven (7). That business is a free-standing daycare facility in a commercial area. The applicant is selling that business, as she desires to downsize to a home daycare operation that she and her daughter will operate. The applicant, therefore, requests a Conditional Use Permit to allow a home daycare for up to 12 children. The site, zoned R-7.5 Residential, is approximately 11,000 square feet in size. There is an existing 2,100 square foot, single-family dwelling on the site, with a large, fenced rear yard and an in -ground pool. The City Council deferred this application on July 1 to provide the applicant time to address issues raised by City Council, particularly concerning blocking access by children to the swimming pool. ■ Considerations: The proposed hours of operation are 6:30 a.m. to 5:30 p.m., Monday through Friday. The Department of Social Services, which is responsible for regulating day care, has recommended approval of license issuance with a capacity of 12 children. Effective July 1, 1996, a "family day home" is subject to licensure when 6 to12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at any one time. The 12 children proposed by the applicant include her grandchildren. Further information pertaining to the number and age of children currently cared for are at the end of the attached staff report. There's no specific floor area requirement for the number of children permitted in a home, but a reasonable amount of both indoor and outdoor space must be available for children's activities. A "rule of thumb" used by providers and Social Services is to plan on at least 25 square feet of indoor activity space for each child in care. In this case, as the applicant is requesting up to 12 children, the amount of area for the children equates to 300 square feet; therefore, the applicant's request for 12 children meets the guidelines of Social Services. Sandra K. Sawye Page 2 of 3 The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area, and it is likely that many of the children will come to this daycare from the immediate and surrounding neighborhoods. The Planning Commission placed this item on the consent agenda because the applicant has extensive experience as a daycare provider, will fill a need for quality care in this area, and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with 1 abstention to approve this request with the following conditions: 1 The home daycare shall be limited to a total of 12 children other than children living in the home. There shall be no more than five (5) children under the age of 2'/ in the home at one time as required by the Department of Social Services. 2. A solid fence with a minimum height of six (6) feet, to be maintained in good condition at all times, shall be installed along any property line adjacent to the outdoor play area, as long as the Conditional Use Permit for home day care is in effect. 3. A fence, meeting the requirements of the Department of Social Services, shall be installed to separately enclose the swimming pool from the backyard and play area so that at no time could a child enter the pool area without the assistance of an adult. Fence shall have self-closing and locking gates. Said fencE! shall be installed prior to the issuance of a Certificate of Occupancy or any ether required license(s) by the City of Virginia Beach and the International Building Code. 4. The applicant shall install an alarm for the swimming pool that will signal an alert if a child or any other unauthorized person has fallen into or entered the pool. 5. The applicant shall provide a notice to each parent or legal guardian of each child in care at this site stating that an in -ground swimming pool exists on the property. Said notices shall contain the signature of each parent or legal guardian of each child and each signed notice shall be forwarded to the Zoning Administrator immediately upon the notice being signed by the parent or legal guardian. 6. No signs advertising the home daycare shall be permitted on the lot or any buildings on the lot at any time. 7. The applicant shall obtain within six (6) months of the approval of this request a family daycare home license with the Commonwealth of Virginia and shall maintain said license in good standing. Failure to maintain a family daycare Sandra K. Sawyer Page 3 of 3 home license shall result in revocation of this Use Permit. 8. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: L �� SANDRA K. SAWY E R Agenda Item 1 June 11, 2008 Public Hearing Staff Planner- Carolyn A.K. Smith REQUEST: Conditional Use Permit for home daycare ADDRESS / DESCRIPTION: Property located at 5621 Parkland Court GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14660009820000 1 - CENTERVILLE Approximately 11,150 square feet The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST home daycare for up to 12 children. The site, zoned R-7.5 Residential, is approximately 11,000 square feet in size. There is an existing 2,100 square foot, single- family dwelling on the site, with a large, fenced rear yard and an in -ground pool. The proposed hours of operation are 3:30 a.m. to 5:30 p.m., Monday through Friday. A qualified assistant will be on site. The applicant is working with the Department of Social Services for licensure. Effective July 1, 1996, a family day horne is subject to licensure when 6 tol2 children, exclusive of the provider's own children and 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. There's no specific floor area requirement for the number of children permitted in a home, but a reasonable amount of both indoor and outdoor space must be available for children's activities. A "rule of thumb" used by providers and Social Services is to plan on at least 25 square feet of indoor activity space for each child in care. In this case, as the applicant is requesting up to 12 children, the amount of area for the children equates to 300 square feet. The applicant's request for 12 children meets the Social Services regulations. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SANDRA K. SAW*ER Agenda Item 1 Pale 1 4 + SURROUNDING LAND North: . Single-family dwelling / R-7.5 Residential District USE AND ZONING: South: . Single-family dwelling / R-7.5 Residential District East: . Single-family dwelling / R-7.5 Residential District West: . Parkland Court No Data • Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND The property is located in the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental or cultural features on the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Parkland Court is a two (2) lane undivided local street. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Parkland Court No Data No Data Available Existing Land Use — 20 Available ADT Proposed Land Use 3- 66 ADT 'Average Daily Tripss as defined by one single-family dwelling s as defined by a home based daycare with up to 12 children WATER & SEWER: This site is already connected to both City water and sewer Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan map and land use policies place this site within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: Ms. Sawyer, the applicant, currently owns and operates Sandy's Angels Daycare in Chesapeake, Virginia, which cares for 38 children with a staff of seven (7). That business is a free-standing daycElre SANDRA K. SAWYER Agenda Itn 1 Pate 2 facility in a commercial area. The applicant is selling that business, desiring to downsize to a home daycare operation with her daughter Based on her 30 years of experience in the daycare field, she believes she, with her daughter as the assistant, are qualified to look after 12 children. The request fo- a home occupation (daycare) is acceptable subject to the conditions below. Quality daycare is an extremely important service for working parents. The applicant is working with Social Services through their program to become licensed and certified for this type of daycare. The Department of Social Services is responsible for ensuring quality care for the children. Condition 4 below requires that the applicant receive the license from the State; therefore, inspections and requirements of that agency must be met. The existing 2,100 square foot, single-family dwelling, and the fenced rear yard, is of ample size to accommodate the requested use. There is no specific requirement for floor area per child, but a reasonable amount of both indoor and outdoor space must be available for children's activities. A "rule of thumb" used by providers and Social Services is to plan on at least 25 square feet of indoor activity space for each child in care. In this case, as the applicant is requesting up to 12 children, the amount of area for the children equates to 300 square feet. As the applicant's home is 2,100 square feet, the home is large enough to accommodate the children. The property has an in -ground pool in the back yard. Social Services requires that a fence be installed to separately enclose the pool from the backyard and play area so that at no time could a child enter the pool area without the assistance of an adult. Staff is recommending a condition that this secondary fence be installed prior to the issuance of a Certificate of Occupancy or any other required license(s) by the City of Virginia Beach. Even with the pool enclosed, there is ample area in the rear yard and the front yard for play. Since the site is at the end of a cul-de-sac, with proper supervision, both the rear and front yards could be utilized for outdoor activities. The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area, and it is likely that many of the children will come to this daycare from the immediate and surrounding neighborhoods. It is not anticipated that the home daycare on this site will adversely impact any surrounding properties, and, therefore, it is recommended for approval subject to the following conditions. CONDITIONS 1 The home daycare shall be limited to a total of 12 children other than children living in the home. There shall be no more than five (5) children under the age of 2'/2 in the home at one time as required by the Department of Social Services. 2. A solid fence with a minimum height of six (6) feet, to be maintained in good condition at all times, shall be installed along any property line adjacent to the outdoor play area, as long as the Conditional Use Permit for home day care is in effect. 3. A fence, meeting the requirements of the Department of Social Services, shall be installed to separately enclose the swimming pool from the backyard and play area so that at no time could a child enter the pool area without the assistance of an adult. Fence shall have self-closing and locking gates. Said fence shall be installed prior to the issuance of a Certificate of Occupancy or ary other required license(s) by the City of Virginia Beach and the International Building Code. 4. The applicant shall install an alarm for the swimming pool that will signal an alert if a child or any other unauthorized person has fallen into or entered the pool. SANDRA K. SA Agenda tie 3 5. The applicant shall provide a notice to each parent or legal guardian of each child in care at this site stating that an in -ground swimming pool exists on the property. Said notices shall contain the signature of each parent or legal guardian of each child and each signed notice shall be forwarded to the Zoning Administrator immediately upon the notice being signed by the parent or legal guardian. 6. No signs advertising the home daycare shall be permitted on the lot or any buildings on the lot at any time. 7 The applicant shall obtain within six (6) months of the approval of this request a family daycare home license with the Commonwealth of Virginia and shall maintain said license in good standing. Failure to maintain a family daycare home license shall result in revocation of this Use Permit. 8. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SANDRA K. SAWYER Agenda Item 1 Pa b 4 b RuRYETED T"fS is TO ctlillry THAT 11 ON JUNE, 15, 1987 rilt POOPEaTY cj+OwM ON yNts pLAT. AND IM^r THC T#TLC LINES AMC T14C WALLS OF Tilt 0 UILOINGS ARE SHOWN ON TH49 PLAT. Tkit OVtLOtfigli STAND STftlCMy wFrmw THE TITLE Ltf4rs AND THERE AAC NO C1,CFMACNI-iENTS ON VtSIDLE ZASKUCNTS. EXCEPT AS &"Owk. OGRE* % Loi k lk PHYSICAL SURVEY OF LOT BLK. F, PIAT OF CEDAR HILL SUBDIVISION, s;CTION 2 VIRGINIA BEACH, VA, FOR MCHAFL L. SAWYER & SANDRA K. SAWYER "1`e JUNE 15, 1987 20' Im — i 1:, , � , , , r -, NO TF. FOR PLAT SEE tz a 4. ve ,, i. " ... ", � , �.- , , q'i :.a Pt �-k t. , : 11 , "', –':, ': - t§ R. 95. PC. 551, VA, ALTON M. BUIL F–R LAtto SukLnw. Pc VtRUNtA REACK V& fl I PROPOSED SITE PLAN SANDRA K. SAWYER Agenda Item 1 Page 5 AMnfi r -O Not to Scale Tz�� !ws .0 7,17 r �= I� �r Lti 1 T7 9m L3unuru n. J 75 M �- l jb L 5; MA�i�►l CUP - Name Daycare 1 10/24/06Change JA of Zoning (B-2 to Conditional Granted -24 2 02/11/03 Subdivision Variance Granted ZONING HI$TQRY SANDRA K. SAWYER a Agenda Its 1 Pa 6 4 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Srrn cn h Ipr- - Cori P_( 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) i Na ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete titifs section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all Eusinesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NN ❑ 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 ofthe�ity 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? Conditional Use Permh Application Page 9 of 10 Rewsed 7/312007 a -- SANDRA K. SA a Agenda %46 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N'R ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. J"" Applicant's SignatureV Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7l3r2007 SANDRA K. SAWYER Agenda tthi 1 P.age.8 r -Jul uo uu UU,)W oulluya niiueia vuyuglo ;240 1413-+ N.c i Sandy Sawyer S62 i Parkland Coun Vhgrnn Beach. VA 23464 Sandy's Angels. Dayccre July 8, 2008 To Whom It May Concern: There are nine children enrolled in Sandy's Angels Daycare. I etrrready care for five children at a time in my home. I am waiting for my license to care for twelve children and for the approval of the planning council. My home has been inspected and approved by an inspector of the Department of Social Services. On 6-25-09, license issuance was reconhmended with a capacity of twelve. Until I receive the final ok, I have split the children up between two homes. I care for five children in my home and my assistant cares for four in her home. Lasted below are the ages of the children enrolled. My grandchildren are included in the nine children enrolled. I am also sending the ratio standards that social services expects and a blank pool waver form All of our parents have signed this form. If you have any questions or need additional information please call me at 724-5867 or 420-4005. 1. 9 months 2. 2 years 3. 7 years 4. 7 years 7 months 5. 5 years 6. 3 years 11 months 7. 2 years 10 months S. 1 year 9 months 9. 3 years 7 rrionths Sincerely, Sandra Sawyer APPLICANT'S DESCRIPTION OF SERVICES SANDRA K. SAWYER Agenda IU0 1, Pe a. ,d. oul U0 vo vo.,wp otimiyu miutm waymu 01#0 1 Z.).+ P.-3 -Swdy ---s' Dayc�re-' Jane 16, 2008 I understand the Sandy's Angola Daycare locacd at 5621 Parkland Calm Vkgiais Beach, Va 23464 has a pool in the backyard. I give permission for my ebilwcWkhvn to swim in d& pool with the supervision of the dayeare staff PUMA sishome Dam SWIMMING POOL NOTICE,,,, SANDRA K. SAW,' ER 4 Agenda It Pq?-10 . . . .. . . . . . . . . . . . . . . . . . . . . . . . SWIMMING POOL NOTICE,,,, SANDRA K. SAW,' ER 4 Agenda It Pq?-10 Item #1 Sandra K. Sawyer Conditional Use Permit 5621 Parkland Court District 1 Centerville June 11, 2008 CONSENT Janice Anderson: The next part of our agenda is the consent agenda. That will be handled by our Vice Chair Joe Strange. Joseph Strange: Thank you. Chairman, this afternoon we have 14 items on the consent agenda. The first matter is agenda item 1. This is an application of Sandra K. Sawyer, for a Conditional Use Permit for a home occupation (day care), on property located at 5621 Parkland Court, District 1, Centerville, with seven conditions. Janice Anderson: Is there any one here? Ms. Sawyer? Hi. Welcome, and please state your name? Sandra Sawyer: Sandra K. Sawyer. Joseph Strange: Are the conditions acceptable? Sandra Sawyer: Yes sir. Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Jay Bernas to review this item. Janice Anderson: You can have a seat ma'am. Jay Bernas: Thank you Vice Chairman Strange. The applicant wishes to request a Conditional Use Permit to allow a home daycare for up to 12 children. The site is zoned R- 7.5, and there is an existing 2100 square foot single-family dwelling on the site. The hours of operation will be 6:30 a.m. to 5:30 p.m., Monday through Friday. The applicant currently owns and operates a daycare, which cares for 38 children in Chesapeake, but she's wishing to downsize to a home daycare operation with her daughter. One of the conditions is that Social Services require:, that she does become licensed, and we added that under condition 4. In addition, one of 1he things that the Commission was concerned about on the property is an in - ground pool; so, we have added a condition that a fence be separately installed to enclose the pool. This is also required by Social Services. In addition, we've added another condition that requires each parent be notified of the pool, because that is something that the Commission was concerned about. But other than that, it is not anticipated that this will adversely impact the surrounding community, and we feel like this should be placed on the consent agenda f or approval. Item #1 Sandra K. Sawyer Page 2 Joseph Strange: Thank you Jay. Chairman, I have a motion to approve agenda item 1. Janice Anderson: Is there a second? We have a second by Kathy Katsias. Philip Russo: Madame Chair, I believe I need to explain the reason why I'm abstaining from item 1. Mr. Sawyer is a client of mine. Janice Anderson: Thank you. Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has approved item 1 for consent. AYE 9 NAY 0 ABS 1 ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY ABSENT KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO ABS STRANGE AYE Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has approved item 1 for consent. Item V- L.5. PLANNING -49 - ITEM 57857 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 12, 2008, Ordinance upon application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit for motor vehicle sales and service: ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR CO., INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE Ordinance upon application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit for motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard (GPIN 1467960131). DISTRICT 4 — BAYSIDE. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay' None Council Members Absent: William R "Bill" DeSteph and Ron A. Villanueva July 8, 2008 ' 1 11 - Q''i ■ — AIR -MAIL � ■ a �i�i� .•..mow •..cISl 9 F.tgum 2tv w � � w zPI own - 1 f ' 1 11 - Q''i ■ — AIR -MAIL � ■ a �i�i� .•..mow •..cISl 9 F.tgum 2tv w � � w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit for motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard (GPIN 1467960131). DISTRICT 4 — BAYSIDE. MEETING DATE: August 12, 2008 ■ Background: The applicant requests a Conditional Use Permit to allow use of the site for motor vehicle sales and service. The site was originally developed as a more intense retail use, a sporting goods store. The site was most recently occupied by a furniture store. An automotive repair business exists to the north of the site, and a motor vehicle sales business is located to the east. The City Council deferred this item on June 24 and July 8 at the request of the applicant. The Comprehensive Plan designates this site as being within the Primary Residential Area. The Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities. ■ Considerations: The submitted site plan depicts the existing 50,902 square foot building situated 97 feet from Virginia Beach Boulevard, 159 feet from North Witchduck Road, 30 feet from the residential neighborhood to the east, and 161 feet from the automotive repair establishments to the north. Two -hundred fifty-nine (259) parking spaces, as well as landscaping and the stormwater management facility are also depicted on the plan. Entrances to the site are located both on Virginia Beach Boulevard and North Witchduck Road. The only change proposed to the building is the installation of a service door at the northern end of the structure. Existing vehicular entrances are located on Virginia Beach Boulevard and North Witchduck Road; mature landscaping is located along the perimeter of the site Checkered Flag Motor Car Company, Inc. Page 2of3 and within the parking areas. The only modification proposed to the building is the installation of a service door on the northern end of the building. The Planning Commission placed this item on the consent agenda because they felt that the proposal is an appropriate reuse for the vacant building, the proposed use is compatible to the surrounding uses in the area, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The parking lot shall be striped as depicted on the submitted concept site plan of "5070 WITCHDUCK ROAD, City of Virginia Beach, VIRGINIA", dated 3/28/08, prepared by LandMark Design Group. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. 3. The landscaping shall be supplemented along Virginia Beach Boulevard and North Witchduck Road. The applicant shall request an inspection of the landscaping by Planning staff before a business license is issued to operate on the site. 4 A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 5. There; shall be no pennants, streamers, balloons, portable signs, or banners displayed on the site or the vehicles. 6. The site shall be permitted a monument style freestanding sign, no more than eight (8) feet in height. There shall be no neon signs or neon accents installed on any wall area of the exterior of the building, windows, and / or doors, light poles, or any other portion of the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. Checkered Flag Motor Car Company, Inc. Page 3 of 3 7. No outdoor speakers or public address system shall be permitted. 8. All concrete, asphalt, and / or pavers that have been installed on the southeast portion of the site adjacent to (or within) the Virginia Beach Boulevard right-of-way and the used car dealership to the east shall be removed. This area shall be landscaped and the portion of the stormwater management facility depicted on the submitted site plan shall be re -installed. The applicant shall not permit use of this area for any motor vehicle sales, display or storage. This condition shall be met within 45 days of City Council approval and before a business license is issued to operate on the site. 9. All containers shall be removed from the site. 10. The applicant shall determine and provide written field verification of the as - built condition and functionality of the existing stormwater drainage infrastructure on site, and shall provide to the City Department of Planning / Development Services Center evidence of stormwater drainage rights into Witchduck Lake. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1e- •%�&Y*111 CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 May 14, 2008 Public Hearing Staff Planner- Faith Christie REQUEST: Conditional Use: Permit for Motor Vehicle Sales and Service ADDRESS / DESCRIPTION: Property located at 5070 Virginia Beach Boulevard (northeast intersection of Virginia Beach Boulevard and Witchduck Road) GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14679601310000 4 — BAYSIDE 5.15677 acres The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of the site for motor vehicle sales and service. The submitted site plan depicts the existing 50,902 square foot building situated 97 feet from Virginia Beach Boulevard, 159 feet from North Witchduck Road, 30 feet from the residential neighborhood to the east, and 161 feet from the automotive repair establishments to the north. Two -hundred fifty-nine (259) parking spaces, as well as landscaping and the stormwater management facility are also depicted on the plan. Entrances to the site are located both on Virginia Beach Boulevard and North Witchduck Road. The only change proposed to the building is the installation of a service door at the northern end of the structure. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant commercial building (former furniture store), associated parking, and landscaping SURROUNDII4G LAND North: . Automotive Repair / B-2 Community Business District USE AND ZOINING: South: . Virginia Beach Boulevard • Across Virginia Beach Boulevard, Motor Vehicle Sales / B-2 Community Business District East: . Single-family dwellings / R-7.5 Residential District West: . Witchduck Road Across Witchduck Road, retail store and automotive repair / B-2 CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Iters 10 Page 1 Community Business District NATURAL RESOURCE AND The site is developed with a commercial building, parking areas, and CULTURAL FEATURES: landscaping. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP1 / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this site is an eight -lane divided major urban arterial. The Master Transportation Plan (MTP) designates a divided facility within the existing 150 -foot right-of-way section. North Witchduck Road in front of the site is a four -lane divided minor urban arterial. The MTP proposes a divided facility with a bikeway within a 100 -foot wide right-of-way section. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 40,288 ADT 56,240 ADT Existing Land Use — Blvd 258 ADT Proposed Land Use 3— 1,697 ADT North Witchduck 19,206 ADT 22,800 ADT Road Average Daily Trips 2 as defined by a furniture store (6 AM peak / 11 PM peak) Sas defined by motor vehicle sales and service (77 AM peak / 52 PM peak) WATER and SEWER: This site is connected to City water and sewer STORMWATER MANAGEMENT: The applicant should be aware that this site falls within the Witchduck Lake stormwater management area. This particular site is one of four that are the subject of active litigation between the City and Witchduck Lake Enterprises, Inc. The applicant must determine and provide written field verification of the as -built condition and functionality of the existing stormwater drainage infrastructure on site. The applicant shall also contact Mr Dallas Norman of Witchduck Lake Enterprises, Inc. ("WLE"), which asserts drainage rights in the lake, to determine whether and to what extent WLE contends the applicant's drainage rights are insufficient. SCHOOLS: School populations are not affected by the request. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 2 Comprehensive Plan: The Comprehensive Plan designates this site as being within the Primary Residential Area. The Plan recognises the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Primary Residential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities. Evaluation: Staff finds the request for motor vehicle sales and service is acceptable and compatible with surrounding uses subject to the conditions listed below. The site was originally developed as a more intense retail use, a sporting goods store. The site was most recently occupied by a furniture store. Automotive repair exists to the north of the site. Existing vehicular entrances are located on Virginia Beach Boulevard and North Witchduck Road; mature landscaping is located along the perimeter of the site and within the parking areas. The only modification proposed to the building is the installation of a service door on the northern end of the builc ing. As noted above in the stormwater management section, the applicant will have to address the fart that this site falls within the Witchduck Lake stormwater management area and is one of four sites that acre the subject of active litigation between the City and Witchduck Lake Enterprises, Inc. The applicant vvill have to work with Witchduck Lake Enterprises and the City to determine and provide written field verification of the as -built condition of the existing stormwater management system and functionality. CONDITIONS 1 The perking lot shall be striped as depicted on the submitted concept site plan of "5070 WITCHDUCK ROAD, City of Virginia Beach, VIRGINIA", dated 3/28/08, prepared by LandMark Design Group. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Depari ment. 2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. 3. The landscaping shall be supplemented along Virginia Beach Boulevard and North Witchduck Road. The applicant shall request an inspection of the landscaping by Planning staff before a business licenses is issued to operate on the site. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 5. There shall be no pennants, streamers, balloons, portable signs, or banners displayed on the site or the vehicles. 6. The site shall be permitted a monument style freestanding sign, no more than eight (8) feet in height. There shall be no neon signs or neon accents installed on any wall area of the exterior of the building, windows, and / or doors, light poles, or any other portion of the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 3 7 No outdoor speakers or public address system shall be permitted. 8. All concrete, asphalt, and / or pavers that have been installed on the southeast portion of the site adjacent to (or within) the Virginia Beach Boulevard right-of-way and the used car dealership to the east shall be removed. This area shall be landscaped and the portion of the stormwater management facility depicted on the submitted site plan shall be re -installed. The applicant shall not permit use of this area for any motor vehicle sales, display or storage. This condition shall be met within 45 days of City Council approval and before a business license is issued to operate on the site. 9. All containers shall be removed from the site. 10. The applicant shall determine and provide written field verification of the as -built condition and functionality of the existing stormwater drainage infrastructure on site, and shall provide to the City Department of Planning / Development Services Center evidence of stormwater drainage rights into Witchduck Lake. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 4 1, 11111111 Z41■..,..._...o.00. PROPOSED SITE PLAN CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 5 �L Me 1, 11111111 Z41■..,..._...o.00. PROPOSED SITE PLAN CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 5 3 PROPOSED CHECKERED SING ELEV AT►pN BUIL CAR COMP r-MO-Top' ANY 1N� �„AG MOTOR Agenda Item t-77 *I: 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, pa ners, etc. below: (Attach list if necess ) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 r$lationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1 List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation. partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of he City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the o cial or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal seivicps: (AtlKh list if necessary) t "Parent -subsidiary Mationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I u ;derstand that, upon receipt of notification (postcard) that the application has been scheduled for puolic hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned alsg consents to entry upon the subject property by employees of the Department of Planning to phq("ph gpd view the site for purposes of processing and evaluating this application. Applicant's Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 CHECKERED FLAG MOTOR CAR COMPANY, INC. Agenda Item 10 Page 9 Item #10 Checkered Flag Motor Car Co., Inc. Conditional Use Permit 5070 Witchduck Road District 4 Bayside May 14, 2008 CONSENT Joseph Strange: The next matter is agenda item 10. This is an application of Checkered Flag Motor Car Company, Inc. for a Conditional Use Permit for a motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard, District 4, Bayside, with 10 conditions. Billy Garrmgton: Thank you Madame Chairwoman and members of the Planning Commission, for the record, I'm Billy Garrington. I'm proud to be here on behalf of the applicant Checkered Flag Motor Car Company. As you heard, the property is known as 5070 Witchduck Road in the City of Virginia Beach. There are 10 conditions attached to the staff's write up. We are in total agreement with those 10 conditions and we thank you for putting us on consent. Janice Anderson: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chair has asked David Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant Checkered Flag Motor Car Company, Inc. requests a Conditional Use Permit to allow use of the site for motor vehicle sales and service. The Comprehensive Plan designates this site as being within the primary residential area. The plan recognizes the privacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the primary residential area. However, limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighbors providing effective measures are taken to ensure compatibility and non proliferation of such activities. Staff finds the request for motor vehicle sales and service is acceptable and compatible with the surrounding uses. The site was originally developed as a more intense retail use, a sporting goods store, and most recently was occupied by a furniture store, which you all remember as Bloom Brothers Furniture. Automotive repair exists to the north of the site. Existing vehicular entrances are located on Virginia Beach Boulevard and North Witchduck Road, and mature landscaping is located along the perimeter of the site and within the parking areas. The only modification to the proposed the building is the installation of the service door on the northern end of the building. Again, staff supports this application. The Planning Commission is unaware of any opposition, and we believe that is property an appropriate reuse of this vacant building and associated property. As such believe it as best dealt with, and approve by consent. Thank you. Item #10 Checkered Flag Motor Car Co., Inc. Page 2 Joseph Strange: Thank you Dave. Chairman, I have a motion to approve agenda item 10. Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight. Ed Weeden: By a vote of 9-0, the Board has approved item 10 for consent. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE; ABSENT HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 10 for consent. Item V -L.2. PLANNING -45 - ITEM S7854 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 12, 2008, application of DA VE WILSONfor the expansion of a Nonconforming Use at 109 53rd Street re alterations and additions: APPLICATION OF DAVE WILSON FOR THE EXPANSION OF A NONCONFORMING USE AT 109 53"' STREET RE ALTERATIONS AND ADDITIONS Application of DAVE WILSON for the Expansion of a Nonconforming Use on property located at 109 53r1 Street (GPIN 2418896842). DISTRICT S — LYNNHAVEN. Voting: 9-0 (By Consent) Council Members Voting Aye.- Harry ye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay - None Council Members Absent: William R. "Bill " DeSteph and Ron A. Villanueva July 8, 2008 • _VYWf J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on property located at 109 53rd Street (GPIN 2418896842). DISTRICT 5 — LYNNHAVEN. MEETING DATE: August 12, 2008 ■ Background: The purpose of this request is to make alterations and additions to an existing nonconforming garage apartment. The garage apartment is nonconforming since it is located on the same lot as an existing single-family dwelling. The R -5R District does not allow two separate dwellings on one lot. This second dwelling was constructed when it was legal to do so. This item was deferred by the City Council on July 8, 2008, at the request of staff. ■ Considerations: The applicants wish to have a separate living space when their children and grandchildren are using the main house. The applicant does not intend to rent or sell the property The applicant will also be replacing the floor and screening of the front porch on the main house fronting 53rd Street. Improvements to the garage apartment include new windows and siding, reconstruction of the existing deck and hand rails, and interior alterations to the structure. The existing kitchen has been removed, and a small coffee bar area consists of an under -counter refrigerator, a microwave, and a sink. The second floor deck has been reduced by 47 percent, from 284 square feet to 150 square feet. A firm, SPC Structural Engineering, has inspected the site and a copy of the report is included at the end of this report. The applicant submitted 22 letters of support from surrounding properties, and the North Virginia Beach Civic League takes no exception to the request, finding it reasonable and in keeping with surrounding properties. Copies of the letters of support are on file in the City of Virginia Beach Planning Department. ■ Recommendations: Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropriate or more appropriate to the district than is the existing nonconformity " Dave Wilson Page 2 of 2 Staff concludes that the proposed modification is reasonable, will have a minimal impact, and will be as appropriate to the district as the existing non -conforming use. Approval is recommended with the following conditions: 1 The applicant shall obtain all necessary permits and inspections and certificate of occupancy from the Permits and Inspections Division of the Planning Department. 2. All additions and alterations shall be in accordance with the physical SL rvey and building plans submitted with the request and on file in the Planning Department. Said physical survey and building plans have been exhibited to the City of Virginia Beach City Council. ■ Attachments: Staff Review Disclosure Statement Resolution Recommended Action: Approval with conditions. Submitting Department/Agency, Planning Department City Manager: iL . 'ZY-8br-Wk DAVE WILSON August 12, 2008 City Council Meeting Staff Planner Faith Christie REQUEST: Enlargement of a Nonconforming Use for the renovation of a garage apartment ADDRESS I DESCRIPTION: Property located at 109 53rd Street GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24188968420000 5 - LYNNHAVEN 6,625 square feet The purpose of this request is to make alterations and SUMMARY OF REQUEST additions to an existing nonconforming garage apartment. The garage apartment is nonconforming since it is located on the same lot as an existing single-family dwelling. The R -5R District does not allow two separate dwellings on one lot. The second dwelling was constructed when it was legal to do so. The applicants wish to have a separate living space when their children and grandchildren are using the main house. The applicant does not intend to rent or sell the property. The applicant will also be replacing the floor and screening of the front porch on the main house fronting 53rd Street. Improvements to the garage apartment include new windows and siding, reconstruction of the existing deck and hand rails, and interior alterations to the structure. The existing kitchen has been removed, and a small coffee bar area consists of an under -counter refrigerator, a microwave, and a sink. The second floor deck has been reduced by 47 percent, from 284 square feet to 150 square feet. A firm, SPC Structural Engineering, has inspected the site and a copy of the report is included at the end of this report. The applicant submitted 22 letters of support from surrounding properties, and the North Virginia Beach Civic League takes no exception to the request, finding it reasonable and in keeping with surrounding properties. Copies of the letters of support are on file in the City of Virginia Beach Planning Department. DAVE WILSON August 12, 2008 City Council Meeting Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling and a garage apartment occupy the site. The site is landscaped with mature shrubs and trees. SURROUNDING LAND North: . Alley USE AND ZONING: . Across the Alley are single-family and duplex dwellings / R -5R Resort Residential South: . 53rd Street • Across 53rd Street are single-family and duplex dwellings / R - 5R Resort Residential East: . Single-family dwellings / R -5R Resort Residential West: . Single-family dwellings / R -5R Resort Residential NATURAL RESOURCE AND The site is in the Resource Management Area of the Chesapeake Bay CULTURAL FE-ATURES: Preservation Area. The dwelling and garage apartment was built in 1940, and are typical of the "Beach Cottage" style popular at that time. Garage apartments were allowed by right in this area until August 1985, when the use was removed from the Zoning Ordinance. AICUZ: The site is in an AICUZ of 65-70dB Ldn Sub -Area 1 surrounding NAS Oceana. The request does not increase density or occupant load; it is merely to rehabilitate an existing structure. The provisions of the City Zoning Ordinance, Article 18 Special Regulations In Air Installations Compatible Use Zones (AICUZ), and Section 1804 (d) shall not apply to discretionary development applications for the redevelopment of property where the proposed dwelling unit density is the same as or lower than the actual dwelling unit density existing at the time the application is submitted. IMPACT ON CITY SERVICES There ars: no impacts to City services. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The proposed alterations are reasonable, will have a minimal impact, and are as appropriate to the district as the existing non -conformity The request, therefore, is acceptable with the conditions below. DAVE WILSON August 12, 2008 City Council Meeting Page 2 CONDITIONS 1 The applicant shall obtain all necessary permits and inspections and certificate of occupancy from the Permits and Inspections Division of the Planning Department. 2. All additions and alterations shall be in accordance with the physical survey and building plans submitted with the request and on file in the Planning Department. Said physical survey and building plans have been exhibited to the City of Virginia Beach City Council. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. DAVE WILSON August 12, 2008 City Council Meeting Page 3 THIS 19 TO CSRT[ff THAT I. ON s& . SURVEYED THE PROPERTY SHOWN HEREON. AND THAT THE TITLE LINES AND PHYSICAL D&ROVEMENTS ARE AS SHOWN HEREON. THE EeROVEIENTS STAND STRICTLY VITM THE TITLE UNIS AND THERE ARE NO ENCROACH== OR V S4= F.ASXI=S EXCEPT AS SHOWN. SIGNED: �✓�'a'!/1���' •o NOTE- THE PROPERTY SHOWN HEREON APPEARS TO UE IN ' C ' FLOOD ZONE ACCORDING TO F.E.MA MAP PANEL NO. 5155]1-00150. RMEO AUG. 19, 1992 OVERtl1EA0 ON LINE ON LINE WIRES N 81'04'00" E 50.00' IP(S} IP(S) to POLE Ox IN Q411FICATE Na u Y d 143 WARD M. HOLMES 2.2' UND5RRVEORP-C.u• 4, WOOD qo,•/S9 NORFOM VIRGD" 29509 FENCE R 2 STORY 3a5" e�/so APT. n LOT 14 n e' LOT 15 > � � LOT 13 L 9 a� t.W 2 SMRYFRAME 8 rg tQ / 100 BRICK WALL i. O.]' IN IP 250' TO PI of S 81'04'00' W 50.00' 9.V OUT +� ATLANTIC AVE. 9.0' IN 53rd STREET (40' R/W) PHYSICAL SURVEY OF LOT 14, BLOCK 3 UBERMEER VIRGINIA BEACH, VIRGINIA FOR PREOERICK J. COBB & AMELIA A. COBB DAT- Fie. 14. 1009 FOR PLA (til TH � OSI. � dip NOTE WE VA. O`* �x VA. BECK >cwino M. dotwa Q411FICATE Na u Y 143 WARD M. HOLMES VY1r'INIA UND5RRVEORP-C.u• '0+ 92 qo,•/S9 NORFOM VIRGD" 29509 4-480-1290 3a5" e�/so PHYSICAL SURVEY DAVE WILSON August 12, 2008 City Council Meeting Page 5 SOUTHERN ELEVATION DAVE WILSON August 12, 2008 City Council Meeting Page 6 A 7Z .0 EASTERN ELEVATION DAVE WILSON August 12, 2008 City Council Meeting Page 7 NORTHERN ELEVATION DAVE WILSON August 12, 2008 City Council Meeting Page 8 1 OR A`. e? -TIC F�RgT FLS vE'Wli-� it Nle Au9u st 12, 20()s City ?I P R SECOND FLoo pAVE WILSON 008 city Oaunci► P ge10 e August 12, 2 IF RO HOUSE NT \NIA -So un -1 P eet"plugust 12,2008 City co0age 05/271 MB _e:12 7774170568 SINa-AIRPRATTCAWRON PAGE 01 SPCI May 27, 2008 Department Of permits and lnspections City of 19rBi is Beach mmddpd Center Virginia Beach, VA 23456 Re: 109-53" Street To Whoin k May Concern: I have a -viewed the structure: rssues with the renovation to i be rear structure at the mferaaced loosum The straenae n a two Stacy prep structure, with ex adw and deck renovations. I have Made two trips to the *mtum the first revealed some sp cbg of the framing too wide to properly support deck smrttute. The follow up visit reveal4 added structure to support the loading, the exterior airedWng to date was proporly ]risosiled and the rcmahoa of the stracaw appeared to be in good condition. Cadecsliac11df01., air ],met camftd EMEMMM Sinclair Pratt Cameron, P.0 . 1630 Doaaa Drive. Strife 103, Virginia Beat b, VA 23451 757.417.0565 p 757.417.0568 f HVAQas 1ss-=g.= www.spc-e %mn INSPECTION LETTER DAVE WILSON August 12, 2008 City Council Meeting Page 12 JUL-29-2008 TUE 11:39 AM Batzli Woad & St;les PC FAX N0. 8045459805 P. 02 FROM : PHME NO, : 757 429 4245 Jul. 29 2008 MOM M P2 U/■1Y-Va. 1U..1DAM i . ✓ NOWLI a it 1 rIWl.OBURE 9TATIEMBNT •pp1.IC111r'I' OMLOSWA I'#w awppMent is a a ft"Fa itme PaMMrp, Arm, bumIrm", or other untnaeorpora W ��>u►leertlete, compl�t. ilre iOlvwlnp: 1, ra Lw tie oppllewrd m lbllw" by the mwm co 00 of cie"N rmffbers, truet�eee, pm*", eto, below; (Atfevh Abt ArMaodaemW William C. wood, Trustee of the Blaine 3lair Wilson_(pow Blair W. Dillard) rrrevoeable�TYust dated Aug. 8, 1997 7: List of businemeee IW heel at psmMeYbWdbgl or aitl med biAl cess er+tlte arelatlenaHp wkh the epoko t: (Attach AW rneoem") 19 Chm* hers If t!w a~ Is !Morale warMMIGM, penrur>'hlp, Wm, buetne6k or air unlnemrpomm apmbcad", JN!>aIeERTY 4WN0 01ISMOSURE !b>rra;arMafis alai aedforr ori►1lpegp+»+tyoWrwq (dMrWenatlfiwn gppt9beAt A' 11 pFepoAtr owner a ao�por�aNppn*, ft f* , bueinea�e, or oar 1. w da ewnsr nwna fthwmw by to nwrm of a0 officers, mWnbers, trueteeW pe 0. at& bdww. (AiteoblktpnOWNW) ._lLlliarm 'C, !rood, Trustee of the Elaine�Blair Yfi:lson (now., Blair 11, Dullard) Trrevockble Trustdato4 AuR S. 1997 Ago Lim as bW 1mm Matt have a pewftfticftq' or eaffAiatad buelneee OW relat waMp wkh ft arppkv* (AOOM AWNme wry) C3 Check herr M #0rqr owner Is JataT a aWporat�on, PGADenhlp, Ann, budness, or *Ar un ambd ewnbatton. � a ie. mrat pr�slbr tboMaw , Colo on aaAldW w eemovies of the ON of Vk&iae Beach helve an I+ft" In the Std0 tlwnd? Yee,_ No ffyew, what Is the Haeme of the efllalal or ernpIWIS ON M6 mute Of thi' WSMet9 JUL-29-2008 TUE 11:40 AM Batzli Wood & Stiles PC FAX N0. 8045459805 P. 03 FROM PHME M. : 757 428 4245 ,%1, 29 2008 10.03grl P3 #�ebbtitl * 2f s DISCLOSURE STATEMENT ADDMONALIUCLOWRIBB List all www whoeors at awtaaaea tint h" or will provide aarvboa VA raped to ft M i pw pmpw* ww bldwkV but 1w11"w t0 ft invideti of ir(�ible UMMI, aarvip�a, MW�ababaM�vleoi, flnardo �olvloea, p sw<vb�, and *pal 4 rPar+a►+lir1 Mdlaly *mono ovr�onnOw dltadlY ofrsotgrrknlmm of a aaaatllg meas tan hdo of tM iocoll Cador 224101.����p h&8Wb4 W LONGI! 40wMrmnO elft Aek, Va. ' •Atrlll and rokOwob 1 m4wo % relek-I cow than paIv o• wbalAlsgl dla! axlebc wMn ora bw1110aa rMlb has w aenl�ia f awnaMhtp InINMI I M MN o<hIr ifUelerpa ■.".00 eetllhCiky als aar In oft 0 1p •ra • 00MI'ailltp owls k ft few o 1, ar 11 Mw Is Wiwd man�Tgors�—a of Oaflfral IMdWtlNI �M h1wa as On OM Poston VW UM be omddmd h darn 11 iM "Mm of asi iIAIMbd euswss enUy rNatlonollip lnetudo dutt 0amor pwon orsib* sib*** ft me parson own or m to ** fflon oh dommon araon+m t w AW6 orleaft. dro b IN" dmn fhr m M IN d%w or ampbyoo- or oI*wIw Shan mai. nNouraasar PIRING nal a+t o npuwr boli; art" Ix olhaew4w m "wa Wng ralMtlol Mp babw.i tho iW$&' dew 060p and goad SwomrnwA Co WM of interootaAct A Coda f w w s.@wr z 0 1=� C�rr'�iQA'iidll� 1 wrt�r Ihet tl1e Mbra�Non aonatilyd h.rr+n i.lrula arld aamtrst•. 1 undoneiiarnldtst, upon ereleli certtl+r tln apW$ hsabaa "helAwI ftrK ;o public how%p�ia'� � auno+III i�haneordr�ta dli 0iid1ne �J noft� in N�mp Kira rPrKfuoT'rrd aMe aanw♦gOf i Q � � purppom arpmwo PMP*m 44rrd�eyalu 96 so Wbti� IYi ll ism C. Hood, IVOS �a Trustee as described M rola S ova William C. Wbod, Trgsttee rsa j scribed above) Ile JUL-29-2008 TUE 11:41 AM Batzli Wood & Stiles PC FAX N01 8045459805 PI 04 FROM : PrE NO. : 757 428 4245 Jul. 29 2096 0:02AM P2 0 GBCLUSURE SI'ATEMENT --_7 APPUCANT IC1 UUM if on appdamt is a aarpara-oa, p�rtnemlp, firm, buNnea, ar ais�ar unMcorpomied :�, oompletalhelo�lowlr+� 11, flat ON applkaent name lbllawrd bpa�rr ttw Warta: ar �dl oifiare, mtrnbara, trataaa, pe�r0m, sk. belov, (Altaah Not oso mary) . William C. Trustee of the Ms, imet A.:1s0n fn�__.,. .Ashley W. Shevardson) Irrevocable Trust deme Aug. 8, 1997 it. List of busins� het have a par*mWbWdWgI or aFAUMW btml ess sMV mledomeMp wNh ft op;dk t: (Afteah 191 mom"M Q Ohm* here It the amens k mors torpomdan, parEnamm% t m, aumIness, or other unlmcor WGW omankmig , VW& WR "MR only IPVPE* *mWJ r ~9 *om agplreant M pmpwv mW Is a mpo doh, pertirom*, firm, bwinva, or air noorper�ad orpsNZaatlon, oem the fbibwin0: llat the pM�larQl OMW He M WOd by tha n'MM of on MOM m■mbersrr, "xbme, pel(nera, eba below: (AftaftW1neawary) William -C. Pfood, Trustee of the Margaret A. Wilson Cnow \� �I I ^i• 1 I�i�l�.��wr Ashley W. Shevardson) Trrevoeable Trust dated Aua,_8. 1997 it, flirt d bualnemm that haw a p8 anNubafdlary, or allulatrd bnlrm* emtty= ralatiorohlip wkh ro appiiear"N (A#** IW lrinaaf m7) G Chock hm p tb0 pfop� vrtmer la M 7 a a Mors", parb�"hlp, erm, her ai buwmv, or otrrin�0orpcnow 0rpanb . a, mea not;;; am + Dow an afiloiat 0r antployw oft* My of *&is beach hew en WW" U ft aW*at land? Yes„_ Na _ if Im, what Is rho name at fhe ram" or wroiayae end the newre of vWr Moet? JUL-29-2008 TUE 11:41 AM Batzli Wood & Stiles PC FAX N0, 8045459805 P. 05 FROM PH" NO, s 757 428 4245 Jul. 29 2068 ie'O" P3 61-1P�C8,i0c3DAMi ;Vob0661 p �I s DISCLCOURS S TA` gMXW AMMONAL. DIBOLOSUMS ws all known ooMr+ chn or but *nw that haw or wil p►nvdo mWaft with n�spsat to the nvumW pm"rW me,tndudinp MA no! Jrntlad to !!w pemeklets of �+trhitaztm sw*60, 14W +tat aM a'i� ndd saMoma, weaWno mat W% and lops `PavnptFw ralatlenahlA' Inaatw'a 1'lldfenohlp throe oxlrM whas bno oorpera- dlr+ orlh ow" ohmm porno Nieto than i4 NnaM df" vou" ff2s; c W�pp CP �ntiott." he $W and Local 0ownueMW ftdM of Mbtftw ft V& e ilAtll<ratW buitnoa w* tatada 4Ip• ff%4mW "a natlamhlp, 9Vw than psmal. e<►bnidlrry !M! oteloto when R a* bwMm OW has a mtmll%g a mofthip tnearst bt ttw btrah+No a►olgr � ply a data awnw !n arw anti k atba a oentollitd{ mw Fa ow owe#*. oro there b ammi M—mm"Imoms"! bommmoms"aMI . F tt+ee ufd ba oMaFdahe! la d�tho oAftnoa of an aFmmw buai W erltlq► MWwuhtp lndW$ th ft ume pow or Wbogm* tha am* parson ewn or m tM trra baro as osCltttloli a aotnavlyd R.+do or aawta; the M»N000 VMN dau+a tit uao Offt wane AM or un at wwww sham $*WIS. tonouroaear po wnr+al on a IMIUW laahj ett Aft b COW* IjkGkMWW"f4Wbfthjp betwom 1w trrt ftil Bat+Sh& and Low l Gw*mtntmtt,'Wlk* d Inco mftA K Va. easel Cf R'M�IGAiidHi F wrtllj► tlrat Ms k�brgmMw+ oonp�►aid>a«alh !e atm asd aaaraa, i IrtrahtNM thN� upon dnebAmtlen Mrlhegapplhagan INt aslR feladWaa iar 7*0 d1yp Pyr N� p O Pin/ O tlM�ywwom in to Mlor dw MSU ��iclBq��arn fpr bn.ne� r William C.' Food, +� Trustee as described DPW f a ove %i 'j x Ld'P.e Williaw C.' Wbod, 6 wee ; jai described above) AlOi zmft" UU AMY"" , JU1-29-2008 TUE 11:42 AM Batzli Wood & Stiles PC FAX N0. 8045459805 P. 06 FROM z PHO {E NO. : 757 428 4243 Jul, 29 2M 10:02M P2 �l�ll�tiM. SV 3tlMNI. 0•lBu �u6+ a 1. t 7 DISCLOSUFMISTATUMENT 11 APPUGW DWLWUM if ttw appdwnr b a mpora>lon. Partnership, firm, basins, or oawr uflinoorporatad 11anba>rdort, oomplNe um lbXowl Uetthe applbaant Hart» llolteWady the Hama pf all o care, rr►frttLor, leu es, par6tars, vim beiorr, (Adwh rest ff necomw Villiam C, Wood, Trustee of the David G, prison, 111 TrrevocaBle Trust.dat©d Aug. 8, 1997 �.Ln i��rwww�wwru .w r,YAlw - ;Z LWGI buainomm that hard a prarstlWbetd"I arsfl 10W business enIV r"latlortihlp with the ap0lowk (Auaah l* InmaieW 10 Ohm* here K th" alwmri % Nora torperadon, psrtnm ip, brre, business, or Other uninoar mmm wxjw*m%m- r11�eRTY OIAtK�lR Dtp+1.0sURE Coags & thta asebbn G* rp"** Owner N int ftm appAo K W ft property cwwr Ib a carp x Ion, pwtwrs*, Am, husirwa, er Ow � rheorpor�eM� ► oomple !!it tha prope�r�t aa�er nems 1b1 M+bd bye nwm of a1 ai6oers, wmmtm s, ' trw6eee, pr+rb+"rrl, "!it tralow: (Allah Net JiAlooaeNyj Will'sm C. Wood,wTrustee of the 'David G. Wilson, TTI �ww. • ..�. . TrrevagAble JASZ dated- A,Q-.. 1:..1227 I art W busimem the't hew a pew woubeifery, or afA mm basin"# ew raiatbnihlp with ft app amok (AtdWW Wmetomy►) Q ch.ck trrry pthe p n� llroTa oorporat�on, Partrtanhtp, urn+, bwtnare, er ether v*40=16d6whi alert " a tf�srsacp�krtbol�lPM , Goes in of *1 pr smalcyse of the C* of Vtrgi* beach hays an Wait" in the sU*ft band? YU _, No,_...,, fide, what I& ft We of the aflf W yr "mpWy" And qts nstun3 Of #%* iniswetl JUL-29-2008 TUE 11;43 AM Batzli Wood & Stiles PC FAX NO, 8045459805 P. 07 FROM ; PHONE NO. : 757 429 4245 Jul. 29 2008 10:03AM P3 V-20-090000AM; ; vibo 6 r # 11 ' DISCLOSURE AMA'T9MENT ADD1110M MACLOGURN Lid •1l ltnewn oon>t'eo m or buWnemw VW twis at wel pnwWo wrvk as with respect to the requWW pmpergr use. Irduft but net IMM b the q OOM d eW% turw evewae% 10 ectal a MVIM, Anenalrl eaMaa. atoountlnp n Ybos, and loyal yerylCea: Nom+ Gert tr nsetlwt�►S 4 opetvnt�ubmbdl relellenaltlp" mum 4 W donft ihot oil t■ wfwe ono oofp 1>fon dlrody ori o m altarte aaa Wnl MM (1m s0 of 90 V00% pvwsr denolhar aerpotada .. Sao Oft and WW 4owrt meaA QwM of t Ad; Vo. Mode B �'►+». •IIilllt W buminom ae4tq► Wetlonehtp' mama % rdabla oblp. emor then POP* snbmldlny 'dd l mh4k that "Wo ww (low btulna W 4M* heo a m"Kina "Menhip u+test N *4 40W on*, of". 00 s aeraNt9y awnor in ane ► k are o Gowan "M h the olhor o , ar a shoe b vwmd a+��nna�We�om ar bohrean the bwinaw o dow. rectae that should be oorsdOW M dlMrntbtlit0 the oilemot of an dam MMWAM mntlq► nlaioM* kdubtw■ r* acme pow et sum ra eeete Pomo ewn Ors» the b" eAtl o mm M+t mmmat or oan+ b ds or aasab r the bueittaos a thetetlw IN d ihA •rate otlimee ar+raploy ma er rtU of"Iao then t tttatl � raawn�eavr nml oe nIuler ttbl or %ft b otl+aw • atom wet memp bob van the oM�I poeaon% Cis end L=l *WWff enc Con f llet d "ago Aa�, Ya trade f lPICATI*Mt I=r* that #n Nbraaniari wnl dhsrrh u tiew and aeanN 1 undpub"whirld V* upon Im.dnotN4aetlan dilbdle e'etaatlan Hca baron mobmduled iK � AIRMIM MwtedtAmd pfar—�omardble >rlMe I*doeft a h WbJW: ww Must alae eta to efft MW dtt� by ww*pM of the Dmpa n! e! p M noanr Naw toWin fx purparr Eaa 9ua appAaAat. Ifflliaz C.' RIbod, M 5 �zrustoe'as described a eve Villifix.C, mood, ra C trustee_ ' C&s d_ 2scTibed FWIR POM above3 �i�tl i�R17 � 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 109 53d Street, LYNNHAVEN DISTRICT 4 WHEREAS, William C Wood, Trustee of the Margaret Ashley Wilson (now 5 Ashley W Shepardson) Irrevocable Trust, William C Wood, Trustee of the Elaine Blair 6 Wilson (now Blair W Dillard) Irrevocable Trust and William C Wood, Trustee of the 7 David G. Wilson, III Irrevocable Trust (hereinafter the "Applicant"), has made application 8 to the City Council for authorization to enlarge a nonconforming use with additions and 9 alteration to a garage apartment on a certain lot or parcel of land having the address of 10 109 53rd Street, in the R -5R Zoning District; and 11 12 WHEREAS, the said use is nonconforming, as the parcel contains two dwelling 13 units, which is not presently allowed in the R -5R Zoning District, but such dwelling units 14 were constructed prior to the adoption of the Zoning Ordinance; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA. 24 25 That the City Council hereby finds that the proposed use, as enlarged, will be 26 equally appropriate to the district as is the existing use. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA. 30 31 That the enlargement of the garage apartment is hereby authorized, upon the 32 following conditions: 33 34 1 The applicant shall obtain all necessary permits and inspections and certificate of 35 occupancy from the Permits and Inspections Division of the Planning 36 Department. 37 38 2. All additions and alterations shall be in accordance with the physical survey and 39 building plans submitted with the request and on file in the Planning Department. 40 Said physical survey and building plans have been exhibited to the City of 41 Virginia Beach City Council. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 44 August, 2008. APPROVED AS TO CONTENT CA10820/R-3/July 31, 2008 APPROVED AS TO LEGAL SUFFICIENCY - City Attorney's Office Item V -L.3. PLANNING -46 - ITEM 57855 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 12, 2008, Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.C. for a Change of Zoning from 1-1 ,Light Industrial District, R -5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD -H2 Overlay re developing single-family dwellings and townhomes at Regent University Drive and Jake Sears Road ORDINANCE UPON APPLICATION OF WELDENFIELD OF VIRGINIA, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT, R -5D RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD -H2 OVERLAY Ordinance upon application of Weldenfield of Virginia, L.L.C. for a Change of Zoning District Classification from I-1 Light Industrial District, R -5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD -H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1— CENTERVILLE Voting: 1 9-0 (By Consent) Council Members Voting Aye.- Harry ye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay None Council Members Absent: William R. "Bill " DeSteph and Ron A. Villanueva July 8, 2008 �1 �i ..rx, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Weldenfield of Virginia, L.L.C. for a Change of Zoning District Classification from 1-1 Light Industrial District, R -5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD - H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 — CENTERVILLE MEETING DATE: August 12, 2008 ■ Background: The applicant proposes to rezone the site, which is currently zoned 1-1 Light Industrial, R -5D Residential, and 0-2 Office Districts, to Conditional R-7.5 Residential District with a PD -H2 Planned Development Overlay The applicant desires to develop the site with 69 single-family dwellings and 81 townhome-style dwellings. The proposed neighborhood, to be called "Fenwyck Forest," is part of a larger overall plan of development, called The Villages of Blenheim, which involves currently vacant land to the west and north in both Virginia Beach and Chesapeake. The Comprehensive Plan Map and land use policies place this site within Strategic Growth Area 2, one of the 12 areas designated to absorb most of the city's future growth, both residential and non-residential. This Strategic Growth Area (SGA), located along Interstate 64 (1-64) adjacent to the Christian Broadcasting Network (CBN) and Regent University campus, is largely undeveloped and has interstate access capabilities. There is significant potential here for high quality development meeting the goals of the City and the private sector, (pages 34-35 of the Comprehensive Plan, Policy Document). This item was deferred on May 13 to allow the opportunity for (1) the City Council to be briefed on the Phase I Post -2018 Waste Management Study (Health Risk Assessment of Urban Landfill) and (2) the applicant to review the study. Further discussion of this issue can be found below in the Considerations section. The item was deferred again on July 8 at the request of the applicant. ■ Considerations: The submitted site plan depicts 32 single-family lots, 5 double-rowhouse lots, 32 single-rowhouse lots, and 81 townhouse lots. The site is designed in a Neo - Traditional style with the dwellings at the front of the lots and parking in the Weldenfield of Virginia, L.L.C. Page 2 of 4 rear, accessed from an alley system. The architectural styling of the proposed dwellings is a mix of Federal, Colonial and Italianate. A buffer of varying width surrounds the site, except for the main entrance from Regent University Drive and the secondary entrance from Midtowne Way. Linear parks and a stormwater managE:ment system provide open space amenities. A total of 15.7 acres of area is devoted to open space on the site. A community clubhouse provides an additional amenity The Fenwyck Forest proposal for 150 residential dwellings on 46.2 acres of property is consistent with the recommendations of the Comprehensive Plan. The proposed density is 3.2 units to the acre, which is in keeping with nearby residential neighborhoods. The layout of the neighborhood is in a Neo -Traditional style, which situates the homes on small lots adjacent to the street with vehicular access to the rear on alleys. Such a layout is consistent with the recommendations of the Comprehensive Plan for the City's SGAs to be more urban in character. The applicant is also proposing several housing types that cater to several income levels which will provide for a diverse neighborhood. In addition to the different housing types, the applicant is proposing 15 acres of open space in the form of parks, buffers, and a recreational lake. The applicant also is proposing use of high quality building materials, consistent with the high- quality building materials customarily used in construction on the CBN / Regent University campus. While staff has some reservations concerning the overall traffic impact for the entire Villages of Blenheim project, staff is comfortable with this request for the Fenwyck Forest residential development. If this proposal was not a part of the larger pn)ject, it would not have been required to provide a Traffic Impact Study. The applicant, however, has provided a proffer that ensures the developer will address impacts to the transportation system resulting from this development. Proffer 8 requires the following: A Traffic Impact Study shall be submitted to the [City] on or before submittal of the initial engineered site plan for review. [The applicant] shall make any roadway improvements to adjacent roadways and modifications to the location or configuration of the depicted site access roads required by the [City] pursuant to the recommendations contained in the Traffic Impact Study. The applicant has already submitted a Traffic Impact Study to Public Works / Traffic Engineering for the larger Villages of Blenheim project, including the Weldenfield development, and discussions between the applicant's consultant and City staff are ongoing. Staff is confident that Proffer 8 addresses the impact of Weldenfield on the surrounding transportation system, and is also confident that the TIS will provide a strategy for improving the area transportation system as necessary when subsequent phases of the Villages of Blenheim move forward. Weldenfield of Virginia, L.L.C. Page 3 of 4 Concurrent with staffs review of this rezoning application, a consultant hired by the City was evaluating what options Virginia Beach has available for waste disposal after 2018. The consultant's work included an evaluation of the "Urban Landfill" concept, which will ascertain long-range strategies for the landfill at the existing location given current and future development in the area. Components include a Public Health Risk Assessment, evaluation of surrounding land use, evaluation of emerging technologies, review of existing examples of "urban landfills", a line of sight analysis, and an analysis of geology/groundwater and potable well use. The proposed Weldenfield development is approximately 1,000 feet from the City of Virginia Beach Municipal Solid Waste Landfill, which the City will continue to operate as a landfill for some years into the future. The Public Health Risk Assessment concluded that there is no health risk associated with this proximity. While there is no health risk and there are no impacts of the development that will limit operation of the Landfill, there could potentially be some nuisance impacts on occupants living in the development related to noise, dust, and possible odors from the landfill. This is further complicated by the location of the development being downwind of the landfill based on prevailing wind directions. Additionally, there is a privately owned pit adjacent to the City Landfill for which the owners are actively seeking a permit to fill with construction and demolition debris. It is anticipated that the final permit will be issued in the near future, and the filling operation will continue for approximately 15 years. This fill operation will likely result in noise and dust impacts to the Weldenfield development. As a result of the potential for nuisance impacts (noise, dust, and possible odors) to the residents of the Weldenfield community, Staff requested that the applicant consider a mandatory disclosure of the landfill and its potential expansion to prospective buyers of homes. In response, the applicant submitted Proffer 9 to the City, which reads as follows: The Developer shall provide a disclosure notice to the buyers regarding the proximity of the City of Virginia Beach's urban landfill and its potential future expansion. ■ Recommendations: The Planning Staff recommended approval of the application to the Planning Commission. The Planning Commission passed a motion by a recorded vote of 10-1 to approve this request as proffered. Staff concludes that with the progress that has already been made toward compliance with Proffer 8 pertaining to traffic impact and the addition of Proffer 9 Weldenfield of Virginia, L.L.C. Page 4 of 4 requiring disclosure of the City Landfill and its potential expansion, the issues resulting in the May 13 deferral of this rezoning have been resolved. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep artment/Agency: Planning Department City Manager C V , WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 March 12, 2008 Public Hearing Staff Planner- Faith Christie REQUEST: Change of Zoning District Classification from 1-1 Light Industrial, R -5D Residential and 0-2 Office Districts to Conditional R-51) Residential District with a PD -1-12 Planned Unit Overlay District. ADDRESS / DESCRIPTION: Property located at the northwest intersection of Regent University Drive and Jake Sears Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: PART OF 1 - CENTERVILLE 46.2 acres (15.5 acres 1-1 Light Industrial; 14555711490000; and 6.4 acres R -5D Residential; and 24.3 14556664080000 acres 0-2 Office) SUMMARY OF REQUEST The applicant proposes to rezone the existing 1-1 Light Industrial, R -5D Residential, and 0-2 Office Districts to Conditional R-7.5 Residential District with a PD - H2 Planned Unit Overlay for the purpose of developing the site with 69 single-family dwellings and 81 townhomes. The proposed single-family neighborhood, to be called "Fenwyck Forest," is part of an overall plan of development, called The Villages of Blenheim, for the vacant land to the west and north in both Virginia Beach and Chesapeake. The submitted site plan depicts 32 single-family lots, five double-rowhouse lots, 32 single-rowhouse lots, and 81 townhouse lots. The single-family lots range in width from 50 feet to 90 feet, the single-rowhouse lots range in width from 35 feet to 45 feet, the double-rowhouse lots range in width from 60 feet to 70 feet, and the townhouse lots range in width from 24 feet to 35 feet in width. The site is designed in a Neo - Traditional style with the dwellings at the front of the lots and parking in the rear accessed from an alley system. Linear parks and a stormwater management system provide open space. A buffer of varying width surrounds the site, except for the main entrance from Regent University Drive and the secondary entrance from Midtowne Way. A total of 15.7 acres of area is devoted to open space on the site. A community clubhouse provides an additional amenity. WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 1 The architecture of the proposed dwellings is a mix of Federal, Colonial and Italianate. The proposed single-family dwellings are colonial cottage design; the rowhouses have Federal architectural influences; and the townhouses have some Italianate styling. The proffered design book depicts high quality building materials. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped parcels SURROUNDING LAND North: . Undeveloped land, Midtowne Way and the Amerigroup office USE AND ZONING: complex / 1-1 Light Industrial South: . Jake Sears Road and Regent University Drive • Across Jake Sears Road is the Regent University Student Housing / R-513 Residential East: . Regent University Drive • Across Regent University Drive are single-family dwellings / R - 5D Residential West: . Undeveloped parcels / 0-2 Office NATURAL RESOURCE AND Currently the site is heavily wooded. There are no known significant CULTURAL FEATURES: cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. The proposed use is compatible to this AICUZ. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Regent University Drive near this application is a two-lane undivided local roadway. Centerville Turnpike near this application is a two-lane undivided minor suburban arterial. The Master Transportation Plan (MTP) proposes a four -lane divided roadway within a 150 -foot wide right-of-way. There is a project for this portion of Centerville Turnpike in the Capital Improvement Program for the construction of a four -lane divided roadway with a 167 -foot right-of-way section. The proposed project is not yet funded. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Regent University Not Available 8,700 ADT Existing Land Use — Drive 2,852 ADT Proposed Land Use 3 - Centerville 17,900 ADT 12,500 ADT Turnpike 1,436 ADT WELDENFIELD OF VIRr.GINIA, L.L.C. Agenda Item 17 Pa 2 b � 3 Average Daily Trips 2 as defined by the current 1-2 Industrial zoning Sas defined by 81 single-family dwellings and 69 condominiums The Department of Public Works / Traffic Engineering reviewed the Fenwyck Forest Traffic Analysis Memo, dated October 11, 2007, from the applicant's traffic consultant, and comments on the memo have been provided to the consultant. Traffic Engineering reserves comment on the location and configuration of all access points and on right-of-way requirements for the proposed Fenwyck Forest development until a revised Traffic Impact Analysis Is submitted to the City and is accepted. Since Fenwyck Forest Is the first section of a larger Villages of Blenheim development, Traffic Engineering also requested a Traffic Impact Study (TIS) for the entire development. In December, that Traffic Impact Study was reviewed by Traffic Engineering and was determined to be unacceptable. A revised TIS was submitted In January of this year, and Traffic Engineering Is continuing its review. WATER: There is a 16 -Inch City water main along Regent University Drive and a 12 -inch City water main at the intersection of Centerville Turnpike and Jake Sears Road. The 12 -Inch City water main decreases to a ten - Inch water main heading west along Jake Sears Road. This site must connect to City water SEWER: This site must connect to City sanitary sewer The applicant shall submit an analysis of Pump Station 446 and the sanitary sewer collection system to ensure future flows can be accommodated. There is 12 -Inch City gravity main and a 12 -inch City force main along Regent University Drive. An eight -inch City gravity main is located along Jake Sears Road. POLICE: The applicant is encouraged to employ the use of Crime Prevention Through Environmental Design (CPTED) strategies with regard to street lighting and open space areas. A Lighting Plan and / or Photometric Diagram Plan will be submitted during detailed site plan review. Lighting should overlap and be uniform throughout the development. The applicant should install numerical addresses on the front and rear of all dwellings adjacent to an alley. SCHOOLS: School Current Enrollment Capacity Generation Change Z Tallwood Elementary 616 709 29 20 Brandon Middle 1,396 1,290 16 11 Tallwood High 1,974 2,143 21 14 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request subject to the proffers listed below. WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 3 Comprehensive Pian: The Comprehensive Plan Map and land use policies place this site within Strategic Growth Area 2, one of the 12 areas designated to absorb most of the city's future growth, both residential and non-residential. This Strategic Growth Area (SGA), located along Interstate 64 (1-64) adjacent to the Christian Broadcasting Network (CBN) / Regent University complex, is largely undeveloped and has interstate access capabilities. There is significant potential here for high quality development meeting the goals of the city and the private sector, (pages 34-35 of the Comprehensive Plan, Policy Document). The land use planning policies and principles for the SGAs encourage urban development that provides opportunities for continued economic growth and promotes effective use of the infrastructure. SGAs are planned for more intensive uses than most other areas of the city which means that development in this area must integrate a diverse cluster of land uses, also known as 'mixed use' development. This site should be developed as a well-planned integration of residential and commercial elements in the same project. Mixed use development results in a compact, yet compatible mix of uses, including office, retail, service, hotel, and, where appropriate, residential uses, (pages 57-59). Evaluation: This request is a small part of a much larger project, The Villages of Blenheim, a proposed development of office, retail, and residential uses to be developed in both Virginia Beach and Chesapeake. While staff has some reservations concerning the overall traffic impact for the entire Villages of Blenheim project, staff is comfortable with this request for the Fenwyck Forest residential development. If this proposal was not a part of the larger project, it would not have been required to provide a Traffic Impact Study. The applicant, howaver, has proffered a Traffic Impact Study as well as any improvements to the roadway required as pant of the detailed site plan review process. As previously stated in this report, the applicant is continuing to work with Traffic Engineering regarding the submitted Traffic Impact Study for the entire Villages of Blenheim project. The Fenwyck Forest proposal for 150 residential dwellings on 46.2 acres of property is appropriate. The proposed density is 3.2 units to the acre, which is in keeping with surrounding residential neighborhoods. The layout of the neighborhood is in a Neo -Traditional style, which situates the homes on small lots adjacent to the street with vehicular access to the rear on alleys. Such a layout is consistent with the recommendations of the Comprehensive Plan for the City's SGAs to be more urban in character The applicant is also proposing several housing types that cater to several income levels which will provide for a diverse neighborhood. In addition to the different housing types, the applicant is proposing 15 acres of open space in the form of parks, buffers, and a recreational lake. The applicant also is proposing use of high quality building materials, consistent with the high-quality building materials customarily used in construction on the CBN / Regent University campus. Staff finds the request acceptable, and recommends approval subject to the proffers listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 4 In order to create a neo -traditional residential community with a unique sense of place which emphasizes pedestrian connectivity and features a large perimeter open space buffer, a five (5) acre residential lake, community clubhouse, and multiple residential housing types, the party of the first part agrees to develop the Property with the elements, architectural character and right of way details set forth in the conceptual design guidebook entitled "FENWYCK FOREST at Blenheim Park, Virginia Beach Weldenfield of Virginia, L.L.C.", dated July 25, 2007 and prepared by Historical Concepts and Vanasse Hangen Brustlin, Inc. ("VHB, Inc."), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Community Design Plans"). PROFFER 2: When the Property is developed, the primary entrance to Fenwyck Forest shall be from Regent University Drive and the mix of residential units in a single condominium regime shall be substantially as depicted on the "SITE PLAN" on page 1 and the "SITE PLAN" on page 4 of the Community Design Plans. PROFFER 3: When the Property is developed, the total combination of single family condominium units, double rowhouse condominium units, rowhouse condominium units and townhouse condominium units will not exceed 150. PROFFER 4: It is recognized that the elevations of the home designs as well as the site plans for the various unit types within Fenwyck Forest may change as the planning progresses to the development stage. The intent of the elevations and illustrative site plans contained in the Community Design Plans is to illustrate the architectural style and quality of the buildings as well as their orientation and setbacks. Final elevations and locations for all of the structures shall be submitted to the Planning Director for review and approval prior to site plan approval. PROFFER 5: When the homes are developed in accordance with the Community Design Plans, the following shall be the minimum setbacks and maximum building heights: A. Rowhouse lots: (i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the sidewalk); (ii) side yard setbacks = 10 on one side and 0 feet on the other side provided a minimum 10 foot separation is maintained between all unattached units; (iii) rear yard setback = 0 feet (iv) maximum building height = 45 feet. B. Double Rowhouse Lots: (i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the sidewalk); (ii) side yard setbacks = 5 feet on the side adjacent to the right of way and 0 feet on side opposite; (iii) rear yard setback = 0 feet; (iv) maximum building height = 45 feet. C. Townhouse lots (i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the sidewalk); WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 5 (ii) side yard setbacks = 0 feet; (iii) rear yard setbacks = 0 feet; (iv) maximum building height = 45 feet. D. Single Family lots: (i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the sidewalk); (ii) side yard setbacks = 5 feet each side; ,iii) rear yard setbacks = 0 feet; {iv) maximum height = 45 feet. PROFFER 6: When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condcmmium Act of the Commonwealth of Virginia. The Fenwyck Forest Condominium Unit Owner's Association shall be responsible for maintaining the Club House, all open space, common areas, parks, sidewalks, roadways, landscaping and other improvements on the Property as depicted on the Community Design Plans. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7 With respect to the approximately 15.7 acres of open spaces designated and described on the "FENWYCK FOREST OPEN SPACE EXHIBIT" dated July 25, 2007 prepared by VHB, Inc., the party of the first part shall obtain approval to rezone them to P-1 (Preservation District) prior to the date the first residential building permit is issued. PROFFER 8: A Traffic Impact Study shall be submitted to the Grantee on or before submittal of the initial engineered site plan for review. Grantor shall make any roadway improvements to adjacent roadways and modifications to the location or configuration of the depicted site access roads required by the Grantee pursuant to the recommendations contained in the Traffic Impact Study. PROFFER 9: The Developer shall provide a disclosure notice to the buyers regarding the proximity of the City of Virginia Beach's urban landfill and its potential future expansion. PROFFER 10: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffer agreement is acceptable as it insures a project that will be developed in a coordinated manner in terms of vehicular circulation and parking, landscaping, building design and location, and open space areas. The City Attorney's Office has reviewed the proffer agreement dated July 25, 2007, and found it to be legally sufficient and in acceptable legal form. WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 6 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 7 AERIAL OF SITE LOCATION WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 8 PROPOSED SITE PLAN WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 9 I p PROPOSED ROAD & ALLEY PLAN WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 10 M WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 11 R# N9 PROPOSED BUILDING ELEVATION WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 12 To W v 44 t N9 PROPOSED BUILDING ELEVATION WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 12 44 t -g N9 PROPOSED BUILDING ELEVATION WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 12 PROPOSED BUILDING ELEVATION WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 12 9. PROPOSED BUILDING LAYOUT WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 13 14� s PROPOSED BUILDING ELEVATION WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 14 i 3 -g' 4au PROPOSED BUILDING ELEVATION WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 14 b� 8 z W f 3 2 i.1 a cs QQ> a* F C O Z Q< { Q < U v Pj a n _ Y N J a• < � � J 2 • � Z < PROPOSED BUILDING LAYOUT WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 15 rc a < r Y z O Q � y �^ N W f 3 2 i.1 a cs QQ> a* F C O Z Q< { Q < U v Pj a n _ Y N J a• < � � J 2 • � Z < PROPOSED BUILDING LAYOUT WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 15 f I IM4, • M�07 % 1s* A t • : • : • • t • • • • Approved 1 • • • • •- • • Approved Approved 1 • • • •FM jaigctcm�R-Tgll Approved 1 • • • '- • • Approved • 1Withdrawn •: WO • • •Ma. 110-3 W M- 'M • �. Isi • t• • • ® 11/14/95 100=Wn =@M mail M Approved ® 11 - • • •- • • • '•• • • 4/25/85 • • • •- • • �i • -• ZONING HISTORY WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 16 11 DISCLOSURE STATEMENT sa" APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated oronization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Weldenfield of Virginia, L.L.C.. Robert C. Field, Member; William B. Welden, Member; Charles V Welden, 111, Member; William Edgar Welden, Jr., Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other ncorporated 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) The Christian Broadcasting Network, Inc.. See Attached List of Officers 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9/1/2004 WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 17 DISCLOSURE STATEMENT 11 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 sentices, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) nasse Hangen Brustlin, Inc. itorical Concepts, Architects k es, Bourdon, Ahern & Levy, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code: § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days pnor to the scheduled public hearing according to the instructions in this package. rldenfield of Virginian . —.–C. _ Charles V. Welden, III Applicant's ignature Manager Print Name The Christian Broadcasting Network, Inc. By:_ Propeity Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1/2004 WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 18 "Pot; W VW DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Vanasse Hangen Brustlin, Inc. Historical Concepts, Architects Sykes, Bourdon, Ahern & Levy, P.C. "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the Information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for publicng, I am responsible for obtaining and posting the required sign on the subject p o least 30 days prior to the scheduled public hearing according to e ' u s . this package. 14 hristian BroadcastinppNetwork, Inc. By: lyt • G. 1� o b e r-7—son ApQr Ow er's Signatu Print Name The Christian Broadcasting Network, Inc. By: [Property Owner's Signature (if different than applicant) Print Name Conddlonal Rezonng Application WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 19 THE CHRISTIAN BROADCASTING NETWORK, INC. (Virginia) OFFICERS M. G. Robertson Michael D. Little Gordon P Robertson G. Michael Carter ,Tay L. Comiskey Marvin B. Edwards Carol Ann Marshall Randy J. Morels Stephen J. Palser Barbara W Ritter Patrick M. Roddy J. Read Smartt John S. Turver Ann R. LeBlanc Edie Wasserberg A. E. Robertson Barbara A. Johnson Mary M. Allsbrook Expiration Re -Election 12-31-2010 l IKKti1Ai: 1.4\i— ISCAli%'�LYITmry'C'[Cl bO LILro/�fWfml�Ax As of 6/7/07 Chairman/CEO President/COO Group Vice President Vice President/CFO Vice President Vice President Vice President Vice President/Assistant Secretary Vice President Vice President Vice President Vice President Vice President Associate Vice President Associate Vice President Secretary Assistant Secretary Assistant Secretary (Parent Corporation) DISCLOSURE STATEMENT WELDENFIELD OF VIRGINIA, L.L.C. Agenda Item 17 Page 20 Item #17 Weldenfield of Virginia, L.L.C. Change of Zoning District Classification Northwest Intersection of Regent University and Jake Sears Road District 1 Centerville March 12, 2008 REGULAR Donald Horsley: The last application is Weldenfield of Virginia, L.L.C. An application of Weldenfield of Virginia, L.L.C. for a Change of Zoning District Classification from I-1 Light Industrial District, R -5D Residential Duplex District, and 0-2 Office District to Conditional R-7.5 Residential District with a PD -112 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road, District 1, Centerville. Mr. Bourdon? Eddie Bourdon: Thank you Mr. Horsley. Madame Chair, again for the record, my name is Eddie Bourdon, Virginia Beach attorney, cocktail hour has five minutes left and dinner hour is right after that, and we're still here. First of all, Mr. Horsley read it incorrectly. I dust noticed that on the request in the write-up, it said R-51) but elsewhere it is R-7.5. It is R-7.5 single-family and not R -5D with a PD -H. It is right once you read it. I want to apologize that this morning we provided Faith the old plans with the handouts, that is due to my having been out of the country, and at the last minute, my clients through together the package using the old plans. But the information in the write-up is all correct. All the architectural elevations and everything, and even what you got this morning are the same that are in the plans. Those have not changed. We dealt with the width of the alley, and there are no piers in our lake. Okay. Fenwyck Forest is a single-family neo traditional residential community of no more than 150 homes. That is what is being proposed. It is a mixture of single-family homes both row, double row and town homes. But they are all single-family. This provides a very unique urban feel to this neighborhood, this community, but with a suburban density of 3.2 units per acre. 15.7 acres of the property is open space. There is a very large lake that will be an amenity and also serves as community BMP. All of these homes are served by alleys. All of these homes have garages of 2 or 3 cars. They garage things. There will be garages on all of these homes. They are all high-end products, but they are varying in price. Like all other development that Mr. Robinson at Regent has done this to will be the highest of quality. That commitment to high quality is unassailable, and it should be very obvious to anyone who cares to look at all that has been developed by Mr. Robinson at Regent and in that area. This is not a rezoning of property that is currently zoned agriculture. This is a rezoning of 40 acres of property upon which offices can be constructed, and 6 '/2 acres plus or minus of R-51) property. That existing zoning and let's look. There is AmeriGroup national support center in this total Blenheim Village area that is being developed. It has been developed with 300,000 square feet of office space on 36 acres, 2,400 employees will work in that campus, 2,400 employees on 36 acres. The 40 acres that we could develop with office would without structured parking support 400,000 square feet of office space by -right and Item # 17 Weldenfield of Virginia, L.L.C. Page 2 3,000 employees, plus 32 residential units on the R-51) portion of the property. Contrast that with this high quality low density development of a 150 homes that will only produce 92 trips at the peak hour. This development is so small in size relative to density that it doesn't even warrant or doesn't require a traffic impact study. Let me put it that way. That is a better way to put. It doesn't require a traffic impact study. It doesn't even require it. But I would ask you to know that our Proffer 8, says specifically that we will submit and the City will not be in a position to even review a site plan for approval for this project until we have provided therr,. with a traffic impact study that they have accepted, and that will include making any roadway improvements that are necessitated by this development. And from a traffic standpoint, this development versus the existing zoning represents a reduction, a significant reduction in traffic generation, and that is the reason, among others that your staff is totally supportive of this application. It clearly stands alone, and stands erect in terms of being a great looking project at a density that is clearly better than what the property is zoned for today. Now, we've also designed this and have met with the neighbors, Lake James especially. We got a very large stormwater BMP on the property. The outfall goes to another lake, and it goes downstream before it even gets to Lake James, so I think they are quite happy with the fact that the stormwater for this project will be well, well treated before it gets to Lake .Tames. I don't believe there is anyone who has opposed or is opposed to this application that is before you. My clients have worked with and continue to work with the City staff at all levels with regard to the ultimate development of the entire project which you saw the Master Plan. I've got the Master Plan here. You will be seeing this project many, many, many more times in the future with rezomngs for that to happen. You will see a road system and some methods for paying for the construction of roads that will come with that entire project. ;But this is a small component of this project and this has been going on for a number of years. This small component of that project clearly stands on its own as not creating any problems whatsoever from the standpoint of traffic compared to what can be put on this property as a matter of absolute right today. With that, I'll be happy to answer any questions you have. I don't think anyone has any doubts about the quality of the project itself. It is a wonderful project. Janice Anderson: Are there any questions? Go ahead Jay. Jay Bernas: Is the traffic impact study specific to this project or are you talking about traffic impact study for the whole development? Eddie Bourdon: The traffic impact study is for this project and any off-site road improvements that are required by that traffic impact study we must do and have agreed to do with that proffer, Jay Bernas: So they are ,lust specific to this project. Eddie Bourdon: That is correct. But let me also just say. There are on-going dialogue, on- going discussion of a major proportion with regard to the whole road system out there. Ric alluded to that this morning as well. They have been going on for sometime, and progress is being made. I am competent that we are going to have an end product in terms of road Item # 17 Weldenfield of Virginia, L.L.C. Page 3 system soon, but we also have to deal with Chesapeake because of the interconnectivity there. It is a complicated process that has been going on now for well over a year, as far as the total system for the entire project. Janice Anderson: Go ahead Gene. Eugene Crabtree: Eddie, I think it is a terrific thing. Because of the things that you dust said, I think we are a little premature in this because we don't know what is going to happen with the roads. We don't know what is going to happen with VDOT and I-64. They said they were going to do it and then I heard it was dead. There was no money in it and it was never going to come about. But there are dust too many unanswered questions. I think this is a terrific project. I think it is great. I think we need it in that area. But I think it is a little premature. Eddie Bourdon: What I would have to respond to that Mr. Crabtree is that all this property is zoned. We have committed that we are not going to develop all of this million square feet of office space. If the City wants us to develop out here, then we're not going to develop that office space until there is an approved Master Plan for the area, with the traffic and with the roads. We hope there is an interchange. But we are going to have to design the overall plan for all of this development without it, and if we get it, that will be great. But that isn't again, a point with regard to this small component of that plan. We have been held up for years. We're not coming forward and saying that we can't develop all of this plan without coming in and rezoning all of that property. But all that other property that you see on this Master Plan, all of this office and retail will generate real traffic. That will have to come forward and the road improvements will have to accompany that. This, the least dense component, and what is effectively a down zoning from a traffic standpoint on this portion of the property is why we're coming forward with this portion of the property because we want to be able to get started. It is not going to start next week. It is not going to start next month. It is going to be quite sometime, and with the market and the absorption rates in the market place, we can be talking about 10 years or longer before, I50 years we are talking about on this, 46 acres get built. My point simply is I agree with you with regard to the entirety. None of us disagree but this piece, as staff has clearly recognized stands on its own. You can't hold up the whole process or else you are going to basically be telling the applicant dust to forget it and develop it the way you have it. Eugene Crabtree: I realize that it will stand on its own, and I realize you don't want to hold it up. But I dust think some of these questions need to be a little bit better answered then what they are now. Even though this will stand alone and if everything else doesn't come about, I know it will do this but a lot of the total thing depends on what happens to I-64. Eddie Bourdon: I don't want to be argumentative and I apologize if I come across that way. Eugene Crabtree: I dust have reservations at this point. Item # 17 Weldenfield of Virginia, L.L.C. Page 4 Eddie Bourdon: You, as a Commission, and we, as a City entered into the development of Town Center with a ton of unanswered questions about traffic that are still not answered. Okay? So, my point simply is you got a quality person doing quality development of low density, and the point simply is it equitable we recognize the fact that this is not going to cause any problems for the City that the City doesn't already have, and it is a similar thing. It is a Strategic Growth Area where there is a huge great potential here. Eugene Crabtree: We were going to ask you that. I had my reservations about Town Center. Eddie Bourdo:l: But the point is it is there and it is a great thing. This will be as well. There are plenty of checks and balances to make sure that before all this office space gets developed and retail gets developed, which has to be rezoned, that there will be a Master Plan, and the traffic impact study with those roads and financing mechanisms will be in place. Janice Anderson: Dave? David Redmond: I have a question Mr. Bourdon, and a concern about Proffer 4. 1 mentioned it this morning. The language says that it is recognized that the elevations of the home design as well as the site plans for the various unit types may change throughout the development stage. That is a little different that what we normally see. Normally what we see is something along the lines of, "it shall be constructed substantially and in accordance with that". It always comes back to him to do the final. So, what is that different than what we are used to :3eemg? I like to see what we're getting. Eddie Bourdon: The reality of it is that I've used that same language on proffers for years. On Baymark proffers, where we showed different pictures of different units, and the same thing. This is not the first time that language has been in a proffered agreement. Now, there are certain cases where, because you got to deal with the exact product right there, and all the details. It is very clear from what's been provided that this is absolutely highest end quality product, and they Planning Director, dust like Mr. Scott prior on the same proffers that existed on three or four of the Baymark projects in the City of Virginia Beach. We haven't had a problem, and I don't want to put words in Mr. Whitney's mouth, but I know that Mr. Scott had said on one or more occasion that he had no doubt whatsoever about the commitment of this applicant, this property owner to do the highest of quality development. No one is going to bring in something that isn't consistent with the quality that is evident what is in those plans. David Redmond: And I believe you. But my concern is that this may not necessarily be what we look at and approve. I mean, a high quality apple and a high quality orange can both be high quality, but I don't know the apple necessarily doesn't look like the orange. It is kind of nice to see what it is. And I say that too and it is not dust in the proffer. I mean there is a little disclaimer right on the display that says, this is not necessarily what you are getting. Item #17 Weldenfield of Virginia, L.L.C. Page 5 Eddie Bourdon: Mr. Redmond, there have been many projects, and many agreements because they are conceptual drawings. There is no doubt about it. I'll be happy to share those with you. Go back and pull them, and share them with you. But the simple fact of the matter is, and it is again unassailable, the Planning Director isn't going to approve something that is any way substantially different then what you see. I'll let Mr. Whitney talk to that, and I'll let your staff talk to that. The point is we're making it clear that this is the quality but there may be a nuance. If you look at the drawings they are not final architectural elevations. They are conceptual drawings that clearly show quality Until you go to the point of spending the money. This is what I normally proffer that's black and white is when you have gone and done the complete elevations where the architect spends all that money for those elevations that you know every little nook and cranny. These are not quite that detailed. David Redmond: Thank you. Janice Anderson: Is there any other questions? Eddie, I have one and I'm sorry. You might have answered it and I was away. I do have an issue too. Piece-mealing this development. You usually do a whole master plan and this is a little different. I understand your argument. I do understand this can be developed by itself. But it is part of the plan and a rather large plan that involves Chesapeake too. I think the traffic is probably one of the mayor issues. If it is under your proffer that you will not start any development of the site until we have that traffic study, it shouldn't be too far in the future. I would feel better if we would have it before because it is a lot of office space, like you said. I'm excited and I think everything is going to be a good, I believe and I truly do believe. But as you know, everybody has got traffic issues, and this is going to have a huge impact. Eddie Bourdon: Well no. Let's be clear, and I know that is not what you meant. This application will not have a huge impact. This application will in fact, have a beneficial impact from a traffic standpoint versus what the property is zoned. The overall protect will but the overall project. This isn't piece meal. When you said piece meal that is where you have an agricultural zoned property and you are coming in, and do a piece here and piece there. We've got zoning on this property that doesn't fit what the City wants or what we want to do. Again, I think we have been totally upfront with the City in terms of what we are looking to do. There has been a lot of good dialogue. What the City wants us to do. There has been a lot of good back and forth on that, and we're continuing to do that, but that has been ongoing for quite some time. What there hasn't been is any disagreement that this part of the project is wonderful. And it is, and that is why we went forward with it. And we proffered we won't even develop it until there is an approved traffic impact study, and we've agreed to do the improvements that are required, that are mandated, by this development. All the rest of it, before it is going to develop in it's entirety is going to require rezomngs, and conversations have been ongoing and again, are at the highest levels about how we're going to do that. But it is complicated and cumbersome. Janice Anderson: Well, a lot of it can be done without rezoning, I think. Eddie Bourdon: There is some development that could be done without rezoning, but it Item # 17 Weldenfield oi' Virginia, L.L.C. Page 6 wouldn't be the optimal plan that we want, and that the City wants. All of this can be done without rezoning, but it would be nothing like any of us wants. That is why we are rezoning what could be ,400,000 square feet of office space on this portion of the property to what we are rezoning. Again, it is just the way you come at it. The way you look at it. I am convinced beyond any argument that this is a good project and a good location, and to suggest that you can't develop the least dense density, small traffic generation portion of the project until you have all the roads for the entire project completely worked out, which we are at the mercy of VDOT, City of Chesapeake, and the City of Virginia Beach. The City of Virginia Beach is the least of the concerns frankly. It is dust not equitable, and you put the client in a position of saying, dust lets go ahead and develop it the way it is zoned. That is going to be worse for everybody If, we were competent in up -zoning the property from a traffic standpoint, I would understand fully but we're not. From a traffic standpoint, we're making these 46 acres less of an impact, significantly less of an impact then what is zoned. Janice Anderson: Thank you. Are there any more questions of Eddie? Ric, do you mind? Ric Lowman: Ric Lowman, Traffic Engineering. Janice Anderson: Thank you. The proffer about the traffic impact study I think you've heard the concerns of the Commission that, you know, they have given us insight to the future plans that they have, and of course, they are going to generate a lot more traffic. In your position, does it proffered satisfy traffic wise, do you feel that we should wait for a full traffic study to review first? Ric Lowman: The statement that came from Public Works, which was when this first came in, was that we really need to see a master plan and a master study for the entire area before we even pass judgment on a small piece like this. With that said, one of the biggest things, like Mr. Bourdon said, they are actually down zoning it, as far as traffic impacts for this piece. But with that said, our biggest concern was when you develop this land, you basically take this land out of the equation for whatever future roadway projects could be done or will be needed in the area, meaning you limit some of your options for transportation alternatives of you plop this clown right in the middle of the CBN property So, that was our concern. And they have worked with us to develop the master plan, which you see in the basics of the roadways, the extension of Midtown Way and Jake Sears, kind of tying in. In concept, I think, again, this is dust based on the concept, and concept with maybe some additional details and some definitely additional analysis, and buy in from the City of Chesapeake. The concept could work. So, in that sense, the placement of this wouldn't be standing in the way of any transportation land that would be needed for transportation. I'll still stand by Public Work's statement that really to be fair to the entire property, and to the entire transportation system, we think that a traffic impact statement should be provided for the whole development. We are working towards that with them. We've seen two versions of the study now and we're still making revisions. The one thing that I would like to do is get Chesapeake's buy in before we approve it, because they send a pretty good amount of traffic to Chesapeake to a road that doesn't exist right now. Item #17 Weldenfield of Virginia, L.L.C. Page 7 Janice Anderson: Okay So, this approval, if we put this in approval, that may interfere with what you would ideally want for traffic? Ric Lowman: Based on this, it would fit. It still allows this to be built around it. It still allows this to build around it. Originally, they had a plan that kind of tied this and teed this in, and that really didn't work for us at all. So, they did go back and work with this. This looks great on paper but that is really all it is. There is no traffic numbers behind this yet. There is a partial study but again, we haven't agreed to it. There certainly still are some issues that we have with it, but on paper that development would not have an impact to any of the roadways that could be built. Janice Anderson: Okay. Are there any questions? Go ahead Phil. Philip Russo: How long do you anticipate before the traffic impact study would be completed? Ric Lowman: I would like to tell you, but it is not up to us. Philip Russo: I mean, ,lust on your experience. Ric Lowman: On our experience, well, I would have said it would have been done by now but again, we still got to deal with Chesapeake and we don't control their schedule. We can certainly get them on board a lot quicker and bring them to the table, so we can sit at the table finally to review it, but a couple of months. Again, that is Just to get the study done. That says nothing and I'm not going to speak to the issue of funding and when they can build it, how they can build it. The realities of building it. Philip Russo: I understand that. Ric Lowman: But a study that could be brought forward and fully approved by the City. I would think maybe a couple of months. Janice Anderson: Are there any other questions? Barry Knight: Ric, I'm trying to get my hands around this thing. If this project can be developed with the zoning in place right now, and they can go in here and impact us much, much greater than they are impacting now, so what they are looking for is a tremendous decrease in traffic, and if they are not going to develop the rest of the property until this traffic impact study is in, and if, on your plan the roads are in where you think they are in good, I don't have a problem with going forward because until they are going to impact these roads to a great extent, which means rezoning some other property, put some other plans in, then you're going to have the traffic impact study in by then. Because what we're getting now is 20 percent of what we could get by -right, by the way it is zoned now If your telling and you're feeling comfortable with the way the roads are on paper, you know right there, Item #17 Weldenfield oi' Virginia, L.L.C. Page 8 that where their project is going is not going to impact any mayor roads, I don't have a problem with it. Ric Lowman: Since this is on the record, and Mr. Knight, I would love to tell you that this is going to look like this when it is all said and done, but like I said, the analysis to back this up hasn't been approved yet, so there is no way fairly that I can say that this is going to be adequate. This roadway system, on paper, like you said it, on paper the alignments would probably work, but again, there are still some mayor issues. We don't need to get into the Master Study and the problems that Public Works has with the Master Study at this point. The internal traffic, and we could probably handle in some way the internal traffic with these roads. It's the external portions of it that are going to bring us the most problems. Barry Knight: That is the point that I was getting at. Ric Lowman: But again, using these to get to the external, I don't think it is fair for me to say that there won't be impacts other then the ones that are drawn on this paper. BarryKnight: In mind, the external pressures could be tremendously magnified if we just let them develop it the way the zoning is now. That is why I'm kind of excited, in my mind, they are down zoning the property They are down zoning the traffic impact. Ric Lowman: I agree with you. With that, they are down zoning the property, and they could, again, feasibly they could build. Could the roads handle three times what they are proposing with this, and would they stand for it three times what they're proposing with this one? Mr. Morri3 mentioned earlier that AmenGroup is going to want to see some improvements to the roadway system because frankly, the AmenGroup workers, they have problems getting out of there in the afternoons. We've seen some drastic measures for them to get out of there in the afternoons because it takes a while to get out of that development to the interstate. Sc, we have been working with them to help them out with that, but again, the whole area needs to be improved to handle what is by -right or future traffic or what they are proposing. Something has to be done. Janice Anderson: Don and then Al. Donald Horsley: My thinking on this is that we have an opportunity to approve a project that is going to decrease traffic or the potential for traffic. Ric Lowman: The potential for traffic. Donald Horsley: So, even when the Master Transportation Plan comes to this area, I mean that is going to have a positive effect on that plan. So, I can't see what we would be approving would be any harm to what this plan is going to tell us. I don't see a problem with it. I agree with what Barry is saying. I think we grab the right horse while he is running and go with it. Item #17 Weldenfield of Virginia, L.L.C. Page 9 Janice Anderson: Al? Al Henley: As Ric told me, I realize this is a conceptual plan with the major roadway going through Chesapeake. Has staff even contacted or has Chesapeake ever contacted the City of Virginia Beach, and have any comments on that proposal? What kind of impacts will be for that for that City? Ric Lowman: They have been contacted. And I've given my contact at the City of Chesapeake the latest copy of the traffic impact statement. They have reviewed it. They have comments on it. I haven't received those comments as of this time. But, I know that the City of Chesapeake is being heard at least at the City Manager's level because my contact over there has mentioned that the Assistant City Manager wanted to run the comments by the City Manager, before he got them to me. That is really the last contact that I `ve had with them over the past couple of weeks, but they do have a copy of the study, and they are aware of the desire to extend River Birch into that City of Chesapeake or extend Midtown Way into River Birch. Al Henley: Thank you. Janice Anderson: Is there anybody else? Okay, thank you Ric. Ric Lowman: Sure. Janice Anderson: I'll open it up for discussion. Go ahead Joe. Joseph Strange: I'll be supporting this item for a bunch of reasons. Number one is that it is consistent with the Comprehensive Plan for the Strategic Growth Area over there. It is going to be urban in style. The traffic bothers me like it would anybody, but obviously it is going to be as, as Eddie pointed out, only about 20 percent of what they could do by -right. I looked at item 4 today. We approved it and it's got 3.5 units per acre. Here this is only 3.2 units per acre. There is no objection from anybody in the community. They have met with the different communities around there, and when I called around and talked to some of the civic leagues, no one had any objection to it whatsoever. So, I think this is good for the Centerville district. I think Centerville needs another upscale project over there. I think this is going to extremely good for our district so I'll be support it. Janice Anderson: Thank you. Jay. Jay Bernas: I think my only concern, and I definitely agree that this is going to be down zoning from a traffic perspective. My only concern is Proffer 8 and the timing and the logistics of it. The Traffic Impact Study, I think should be submitted and reviewed before we approve it. The thing that concerns me is what if the Traffic Impact Study says well in order for this to work you've got to improve from Centerville Turnpike from Kempsville to Indian River Road. Are they really going to do that? You know what I mean. It kind of locks them in. What this says is that it puts them in that position that of this unknown of whatever is Item #17 Weldenfield of Virginia, L.L.C. Page 10 going to come out of this TIS, and I'm dust concerned that, for one it dust says that they would take the recommendations of the Traffic Impact Study, but my other concern is that we've got to get Traffic Engineering to also approve the Traffic Impact Study as well. They may not agree on what the recommendations of the TIS would be in order to make this project work. So, I agree with the project. 1 think it is a good project. I think that the timing and the logistic of the TIS should come before we should approve it. That is my only concern. Janice Anderson: Are there any other questions? Donald Horsley: I just feel that if this project is approved it will have a positive effect on this traffic impact sb.idy that we're talking about. They know that if it is approved, it will help that impact study. It is my feeling. I think we got an opportunity to lock in that lower transportation. Janice Anderson: I think they are locked in before they can build. They have to comply to whatever it says. Good or bad or different. So, if it says you have to build a four -lane road, they are stuck w ith that. The way I read it. Yes. Go ahead. Eugene Crabtree: I know, and I have stated and I agree with Public Works that I would like to see the entire thing first. I think that would be idea. But being ideal is not necessarily what we are going to meet today. And I do agree that down zoning this is a start. This may force it. It also raay force Chesapeake to get on the ball and cooperate with us and come on board a little faster to if we go ahead and approve this today. I'm going to go ahead and support it. Janice Anderson. Do I have a motion? Joseph Strange: l make a motion to approve. Janice Anderson: A motion to approve by Joe Strange. Is there a second? Donald Horsley: I'll second it. Janice Anderson: A second by Don Horsley. AYE 10 NAY 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY NAY HORSLEY AYE KATSIAS AYE KNIGHT AYE ABS 0 ABSENT 0 Item # 17 Weldenfield of Virginia, L.L.C. Page 11 LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-1, the application of Weldenfield of Virginia, L.L.0 has been approved. Eddie Bourdon: Thank you Madame Chair. Your comment was 100 percent on point. Janice Anderson: The meeting is adjourned. i �.. i o ar S OF OUR NAT\�Ni In Reply Refer To Our File No. DF -6854 TO' Les Lilley FROM: B. NCay Wilso* CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE. August 1, 2008 DEPT- City Attorney DEPT- City Attorney RE. Conditional Zoning Application; Weldenfield of Virginia, LLC The above -referenced conditional zoning application Is scheduled to be heard by the City Council on August 12, 2008. 1 have reviewed the subject proffer agreement, dated July 25, 2007 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/bm Enclosure cc: Kathie e Hassen PREPARED BY: SWES. $OURDON. AURN & LEVY. P.C. WELDENFIELD OF VIRGINIA, L.L.C., a Virginia limited liability company THE CHRISTIAN BROADCASTING NETWORK, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of July, 2007, by and between WELDENFIELD OF VIRGINIA, L.L.C., a Virginia limited liability company, party of the first part, Grantor; THE CHRISTIAN BROADCASTING NETWORK, INC., a Virginia corporation, party the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2) contiguous parcels of land which are together hereinafter referred to as the "Property", located in the Centerville District of the City of Virginia Beach containing approximately 46.2 acres. The Property is more particularly described in Exhibit "A' attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from R-51), I -i and 0-2 to Conditional PD -H2 with an underlying R-7.5; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and GPIN: 1455-57-1149 (Part of) 1455-66-6408 (Part of) L PREPARED BY: wo SYKES, ROURDON. rl AHMN & LEVY. P.C. WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 and PD -112 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. In order to create a neo -traditional residential community with a unique sense of place which emphasizes pedestrian connectivity and features a large perimeter open space buffer, a five (5) acre recreational lake, community clubhouse, and multiple residential housing types, the party of the first part agrees to develop the Property with the elements, architectural character and right of way details set forth in the conceptual design guidebooit entitled "FENWYCK FOREST at Blenheim Park, Virginia Beach Weldenfield of Virginia, L.L.C.", dated July 25, 2007 and prepared by Historical Concepts and Vanasse Hangen Brustlin, Inc. ("VHB, Inc."), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Community Design Plans"). 2. When the Property is developed, the primary entrance to Fenwyck Forest shall be From Regent University Drive and the mix of residential units in a single condominium regime shall be substantially as depicted on the "SITE PLAN" on page 1 and the "SITE PLAN" on page 4 of the Community Design Plans. 2 PREPARED BY: SYKES, BOURDON, 91 AHERN & I.£VY. P.C. 3. When the Property is developed, the total combination of single family condominium units, double rowhouse condominium units, rowhouse condominium units and townhouse condominium units will not exceed 150. 4. It is recognized that the elevations of the home designs as well as the site plans for the various unit types within Fenwyck Forest may change as the planning progresses to the development stage. The intent of the elevations and illustrative site plans contained in the Community Design Plans is to illustrate the architectural style and quality of the buildings as well as their orientation and setbacks. Final elevations for all of the structures shall be submitted to the Planning Director for review and approval prior to site plan approval. 5. When the homes are developed in accordance with the Community Design Plans, the following shall be the minimum setbacks and maximum building heights: A. Rowhouse Lots: (i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the sidewalk); (ii) side yard setbacks = Io on one side and o feet on the other provided a minimum io foot separation is maintained between all unattached units; (iii) rear yard setback = o feet; (iv) maximum building height = 45 feet. B. Double Rowhouse Lots: (i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the sidewalk); (ii) side yard setbacks = 5 feet on side adjacent to right of way and o feet on side opposite; (iii) rear yard setback = o feet; (iv) maximum building height = 45 feet. C. Townhouse Lots: (i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the sidewalk); (ii) side yard setbacks = o feet; - (iii) rear yard setbacks = o feet; (iv) maximum building height = 45 feet. D. Single Family Lots: (i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the sidewalk); (ii) side yard setbacks = 5 feet each side; KI PREPARED BY: SYKES, BOURDON, AHERN & LEVY. P.C. (iii) rear yard setback = o feet; (iv) maximum building height = 42 feet. 6. When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Fenwyck Forest Condominium Unit Owner's Association shall be responsible for maintaining the Club House, all open space, common areas, parks, sidewalks, roadways, landscaping and other improvements on the Property as depicted on the Community Design Plans. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 7. With respect to the approximately 15.7 acres of open spaces designated and described on the "FENWYCK FOREST OPEN SPACE EXHIBIT" dated July 25, 2007 prepared by VHB, Inc., the party of the first part shall obtain approval to rezone them to P- 1 (Preservation District) prior to the date the first residential building permit is issued. 8. A Traffic Impact Study shall be submitted to the Grantee on or before submitta:. of the initial engineered site plan for review. Grantor shall make any roadway improvements to adjacent roadways and modifications to the location or configuration of the depicted site access roads required by the Grantee pursuant to the recommendations contained in the Traffic Impact Study. 9. The Developer shall provide a disclosure notice to the buyers regarding the proximity of the City of Virginia Beach's urban landfill and its potential future expansion. 10. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full for ze and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the 11 PREPARED BY: . SYKES, BOURDON. MERN & LEVY. P.C. Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Weldenfield of Virginia, L.L.C., a Virginia limited liability company (SEAL) AVRA$4r Charles V. Welden, III Manager STATE OF ALABAMA CITi'/COUNTY OF JEFFERSON , to -wit: The foregoing instrument was acknowledged before me this 27th day of July, 200;, by Charles V. Welden, III, Manager , Maatw of Weldenfield of Virginia, L.L.C., a Virginia limited liability company, Grantor. Notary Public My Commission Expires: I - /1- /o 0 a WITNESS the following signature and seal: Grantor: The Christianrro4cast corpo ti By. 7R V- -4 T4'P 1-v (:--I �-- L 6) 0 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: ng Network, Inc., a Virginia The foregoing instrument was acknowl d ed before me this 304k day of Sul P 2007, by M - C'. Wo of The Christian Broadcasting Network, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: C49AXWA ,-e-4z laf, I A-'1%1JLZ e7. ccs tt C� �1� � G" �� �-i- ��rc �) 7 EXHIBIT "A" PARCELI METES AND BOUNDS DESCRIPTION OF PART OF GPIN: 1455-57-1149 ALL THAT certain tract, piece or parcel of land consisting of approximately 21.o acres, more or less, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of that tract of land known, numbered and designated as "PARCEL C", as shown on the plat entitled "PLAT OF PROPERTY TO BE CONVEYED BY GOODLAND CORPORATION TO LEVEL GREEN CORPORATION", prepared by Talbot, Wermers and Standing, Ltd., dated August 3, 1971, which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at Page 15. Said portion of Parcel C is more particularly described as follows: BEGINNING at a point along the western right of way line of Regent University Drive near its intersection with Jake Sears Road at the southeastern corner of PARCEL C on that plat entitled "SUBDIVISION OF PARCELS A & B AND RESUBDIVISION OF PROPERTY OF CHRISTIAN BROADCASTING NETWORK, INC., Map Book 231, Pages 96-98", dated October 6, 2003 (Sheet 4 of 4), as recorded in the afore referenced Clerk's Office as Instrument #200312180210771, and from said POINT OF BEGINNING running along the western :right of way line of Regent University Drive along a curve having a radius of 328.10 feet an arc length of 87.66 feet, a cord bearing of N loo 13' 36" East, and a cord distance Of 87.40 feet to a point; thence S 850 51'48" West, 37.99 feet to a point; thence N 12° 29' 53" West, 59.74 feet to a point; thence N 850 37' 28" East, 48.25 feet to a point on the western right of way line of Regent University Drive; thence along the western right of way line Regent University Drive along a curve having a radius of 328.10 feet an arc length Of 28.06 i eet, a cord bearing of N lo' 15'04" West, a cord distance of 28.05 feet to a point; thence N 77° 17'58" East, 17.14 feet to a point; thence continuing along the western right of way line of Regent University Drive N 120 26' 16" West, 346.67 feet to a point; thence turning a:nd running N 653 28' 30" West, 589.85 feet to a point; thence S 81° 55' 25" West, 147.71 feet; thence N 68° 10' 56" West, 463.50 feet to a point; thence S 54° 52' 42" West, 451.69 feet to a point; thence in a southerly direction along a curve to the left having a radius of 1870.00 feet an are length of 598.19 feet to a point; thence continuing in a southerly direction along an are of a curve with a radius of 2130.00 feet, an are length of i80.73 feet to a point; thence turning and running S 68° 10' 56" East, 723.33 feet to a point along the boundary line of Parcel C and that parcel now or formerly owned by The Christian Broadcasting Network, Inc., having GPIN #1455-66-6408; thence turning and running along said boundary line N 220 35' 57" East, 1032.88 feet to a point; thence turning and continuing along said boundary line S 67° 14' 04" East, 1632.64 feet to the POINT O]: BEGINNING. Said Parcel containing approximately 21.o acres is also depicted on that certain "Parcel Acreage Exhibit" dated July 25, 2007 for Fenwyck Forest, Virginia Beach, Virginia, prepared by Vanasse Hangen & Brustlin, Inc. GPIN: 14,55-57-1149 (Part of) PREPARED BY: SYKES, BOURDON, AHERN & LEVY. P.C. E'' DREPARED BY: ®1YKES, BOURDON. j� 4HLRN & LEVY. P.C. PARCEL 2 METES AND BOUNDS DESCRIPTION OF PART OF GPIN: 1455-66-64o8 ALL THAT certain tract, piece or parcel of land consisting of approximately 25.2 acres, more or less, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of those tracts of land known, numbered and designated as "PARCEL 3", "PARCEL 4" and "PARCEL 5", on that certain plat entitled "PLAT OF PROPERTY OF GEORGE MYER SEARS AND MAX H. SEARS, Kempsville Borough, Virginia Beach, Virginia, for Conveyance of Parcels 1 & 2 to City of Virginia Beach, Virginia", dated January 22, 1970, made by Baldwin & Gregg, which plat is recorded in the aforesaid Clerk's Office in Map Book 82, at Page 45. Said portion of the referenced Parcels is more particularly described as follows: BEGINNING at a point along the western right of way of Regent University Drive near its intersection with Jake Sears Road at the southeastern corner of PARCEL C on that plat entitled "SUBDIVISION OF PARCELS A & B AND RESUBDIVISION OF PROPERTY OF CHRISTIAN BROADCASTING NETWORK, INC., Map Book 231, Pages 96-98", dated October 6, 2003 (Sheet 4 of 4), as recorded in the afore referenced Clerk's Office as Instrument #200312180210771, and from said POINT OF BEGINNING running along the western right of way of Regent University Drive in a southeasterly direction along the are of a curve with a radius of 328.10 feet an are length of 11o.96 feet to a point; thence continuing the western right of way line S 370 15' 31" West, 54.53 feet to a point; thence continuing along the western right of way line in a southeasterly direction along the arc of a curve with a radius of 388.10 feet an arc length of 280.65 feet to a point at the intersection of the western right of way line of Regent University Drive and the northern right of way line of Jake Sears Road; thence continuing along said right of way line S 30° 29'39" West, 15.00 feet to a point; thence continuing along said right of way of Jake Sears Road S 590 23' 14" West, 236.33 feet to a point; thence turning and running N 680 10' 56" West, 1111.96 feet to a point along the boundary of Parcel C, GPIN #1455-57-1149; thence turning and running along said shared boundary line N 220 35'59" East, 1032.88 feet to a point; thence turning and continuing along said boundary line S 67° 14' 04" East, 1632.64 feet to the POINT OF BEGINNING. Said Parcel containing approximately 25.2 acres is also depicted on that certain "Parcel Acreage Exhibit" dated July 25, 2007 for Fenwyck Forest, Virginia Beach, Virginia, prepared by Vanasse Hangen & Brustlin, Inc. GPIN: 1455-66-64o8 (Part of) ConditionalRezone/WeldenfieldotVirgima/FenwyckForest/Proffer3_Clean Rev_10/29/07 0 L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY OF VIRGINIA BEACH COUNCIL BRIEFING: SUMMARY OF COUNCIL ACTIONS a CITY AUDITOR UPDATE Lyndon S. Remus, City V O 1 Auditor DATE July 8, 2008 M B L 11 D C E L E D a. H Barry C R A W PAGE: 1 S I E J L N U N 1 T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D I COUNCIL BRIEFING: a CITY AUDITOR UPDATE Lyndon S. Remus, City Auditor 11 CITY MANAGER'S BRIEFINGS: a. GREEN RIBBON COMMITTEE Barry UPDATE Frankenfield, Planning, Design and Development Administrator Parks and Recreation FALSE ALARMS Deputy Chief James Cervera — Police Department IIUNNNI CERTIFICATION OF CLOSED E SESSION CERTIFIED 9-0 A Y Y Y Y Y Y Y A Y Y F MINUTES July 1, 2008 APPROVED 9-0 A Y Y Y Y Y Y Y A Y Y G/H MAYOR'S PRESENTATION VIRGINIA BEACH SISTER CITY Kempsville EXCHANGE (Technology Advances Middle School shared) and North Down Co. Bangor, Northern Ireland Dr. James L. Smith, Principal - Kempsvilie Middle School UJ -1 PROPOSED CITY CODE CHANGE TO 5 Speakers INCREASE TAXI RATES 2 INSTALLMENT PURCHASE No Speakers AGREEMENT ARP Easement -1618 Mill Landing Road K-1 Ordinance to AMEND City Code Sec 36-172 ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y re Taxi fares CONSENT 2 Ordinance to AMEND City Code Sec 35- ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y 64 re real estate tax exemptions for CONSENT Elderly/Handicapped 3 Ordinance to AMEND Virginia Aquarium/ ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y Science Museum's FY 2007-08 CONSENT Budget/REDUCE FY 2008-09 Capital Budget CITY OF VIRGINIA BEACH Ordinance to ACCEPT Cooperative ADOPTED BY 9-0 A Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Agreement for legal services between City CONSENT Council/School Board/A.UTHORIZE V O 1 Mayor to execute Agreement for FY 2009 DATE July 8, 2008 M B L 5 D ADOPTED BY 8-1 A Y C E Y L Y Y A E D H CONSENT C R A W PAGE: 2 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R 1 V O O H L R Y S N F N A N D 4 Ordinance to ACCEPT Cooperative ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y Agreement for legal services between City CONSENT Council/School Board/A.UTHORIZE Mayor to execute Agreement for FY 2009 5 Ordinance to AUTHORIZE an Installment ADOPTED BY 8-1 A Y Y Y Y N Y Y A Y Y Purchase Agreement wish Sylvia J. Estes re CONSENT ARP easement on 1628 Mill Landing Road 6 Ordinance to AUTHORIZE encroachment ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y into a portion of the City's r -o -w for SURA CONSENT M. GOLDNER, re bulkhead/boat house/ piers/mamtam existing concrete boat ramp at 2400 Lookout Court DISTRICT 4 — BAYSIDE 7.a ACCEPT/APPROPRIATE/TRANSFER $1,000,179 from FEMA to Fire FY 2008- ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y 09 Operating Budget re cmtmued operation CONSENT of Task Force 2 b $70,716.52 from FEMAtTRANSFER ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y funds to reimburse previous administrative CONSENT expenses c $720,900 to Police from the DEA re ADOPTED, BY 9-0 A Y Y Y Y Y Y Y A Y Y purchase of equipment/canines CONSENT d $133,932 grant from Va ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y Conservation/Recreation/TRANSFER to CONSENT Public Works' FY 2008-09 Budget re water quality improvements 8 Resolution to set City Err pioyee/Retiree ADOPTED BY 9-0 A Y Y Y Y Y Y Y A Y Y Health Care contribution rates for Plan CONSENT Year 2009 L-1 RECONSIDERATION: NIMMO RECONSID- 9-0 A Y Y Y Y Y Y Y A Y Y CHILDCARE/RESOURCE LEARNING ERATION CENTER, INC. re Modification of DEFERRED TO Conditions (approved 1953/2008) at 2244 8/12/08 BY General Booth Boulevard DISTRICT 7 — CONSENT PRINCESS ANNE 2 DAVE WILSON for expansion of DEFERRED TO 9-0 A Y Y Y Y Y Y Y A Y Y Nonconforming Use at 109 53'd Street re 8/12/08 BY garage apartment. DISTRICT 5 — CONSENT LYNNHAVEN 3 WELDENFIELD OF VIRGINIA, L.L.C. DEFERRED TO 9-0 A Y Y Y Y Y Y Y A Y Y COZ from I -11/R -5D/0-2 :o Conditional 8112108 BY R -7S with PD -H2 Overlay at Regent CONSENT University Dnve/Jake Sears Road. DISTRICT I — CENTERVILLE CITY OF VIRGINIA BEACH JACK FERREBEE, ET AL closure of APPROVED/ 9-0 A Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y portion of alley between 55" /561h St from CONDITIONED Holly Road to Myrtle Avenue, Ubermeer UPON V O I DISTRICT 5 — LYNNHAVEN COMPLIANCE DATE July 8, 2008 M B L D BY CONSENT C E L E D 5 H DEFERRED TO C R Y A W Y PAGE: 3 S I A E J L N U N 1 T E D N O A D H U L W AGENDA E Z Y L N N O R E S O 1"TEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D 4 JACK FERREBEE, ET AL closure of APPROVED/ 9-0 A Y Y Y Y Y Y Y A Y Y portion of alley between 55" /561h St from CONDITIONED Holly Road to Myrtle Avenue, Ubermeer UPON DISTRICT 5 — LYNNHAVEN COMPLIANCE BY CONSENT 5 CHECKERED FLAG MOTOR CAR DEFERRED TO 9-0 A Y Y Y Y Y Y Y A Y Y CO., INC. CUP re motor vehicle sales/ 8/12/2008 BY service at 5070 Virginia Beach Boulevard. CONSENT DISTRICT 4 — BAYSIDE 6 LORETTA LANE, L.L.C. CUP re bulk APPROVED/ 9-0 A Y Y Y Y Y Y Y A Y Y storage at Loretta Lane/North Birdneck CONDITIONED Road. DISTRICT 6 — BEACH BY CONSENT HUNT CLUB FARMS CUP re APPROVED/ 9-0 A Y Y Y Y Y Y Y A Y Y recreation facilities of outdoor nature at CONDITIONED 2356-2400 London Bridge Road DISTRICT 7 — PRINCESS ANNE BY CONSENT g VIRGINIA BEACH SCHOOL BOARD APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y COZ from AG-UAG-2 to Conditional I-2 PROFFERED at Harpers Road/Oceana Boulevard re BY CONSENT school bus maintenance facility. DISTRICT 6 — BEACH 9 WESTMINSTER -CANTERBURY OF APPROVED/ 9-0 A Y Y Y Y Y Y Y A Y Y HAMPTON ROADS, INC. Modification CONDITIONED of Conditions re multi -structure parking BY CONSENT garage (approved June 9, 1998) at 3100 Shore Drive. DISTRICT 5 — LYNNHAVEN 10 Ordinance AMENDING CZO regulation DEFERRED TO 9-0 A Y Y Y Y Y Y Y A Y Y re communication towers/building- 8/26/08 AND mounted antennas SCHEDULED A BRIEFING PRIOR TO 8/26/08 M APPOINTMENTS: BIKEWAYS and TRAILS ADVISORY 3 year term COMMITTEE 07/01/08-06/30/11 Dianna McDowell HISTORIC PRESERVATION RESCHEDULED B Y C O N S E N S U i S COMMISSION HUMAN RIGTHS COMMISSION 3 year term 04/01/08- 03/31/2011 Maggie Sizer MINORITY BUSINESS COUNCIL 2 year term 07/01/08 -6/30/2010 Carla Bailey CITY OF VIRGINIA BEACH OPEN SPACE ADVIS3RY COMMITTEE Unexpired term SUMMARY OF COUNCIL ACTIONS thru 05!31/2010 Robert Cantrell V O I REVIEW and ALLOCATION Unexpired term DATE July 8, 2008 M B L D plus 3 years C E L E D H 07/08/08- C R A W PAGE: 4 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D CITY COUNCIL TWO-DAY GOAL SETTING WORKSHOP AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER OPEN SPACE ADVIS3RY COMMITTEE Unexpired term thru 05!31/2010 Robert Cantrell REVIEW and ALLOCATION Unexpired term COMMITTEE (COG) plus 3 years 07/08/08- 09/31/2011 Terry Jenkins N/O/P I ADJOURNMENT 7:35 PM CITY COUNCIL TWO-DAY GOAL SETTING WORKSHOP AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER