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JANUARY 12, 2010 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Cen/erville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 12 January 2010 I. CITY COUNCIL BRIEFING: - Conference Room - A. GREEN RIBBON COMMITTEE Barry Frankenfield, Manager, Strategic Growth Area II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 3:30 PM 4:30 PM VI. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jim Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL and FORMAL SESSIONS December 8, 2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. SHORT-TERM RENTAL PROPERTY - TAXATION 2. SALE OF EXCESS PROPERTY 1289 Ferry Point Road 3. TAXEXEMPTORGANIZATIONS a. Aware Worldwide, Inc. b. Dolphin Scholarship Foundation c. Eden Family Institute d. Mereland L. Cook Sr. Foundation e. Mother Seton House, Inc. f. Neighbor to Family, Inc (NTF) g. New Jerusalem Church of God in Christ h. Prostate Cancer International, Inc. 1. Pungo Strawberry Festival, Inc. J. Sought Out, Inc. k. Susan G. Komen Tidewater 1. Together We Can Foundation m. Youth Foundation of Virginia Beach J. CONSENT AGENDA K. ORDINANCESIRESOLUTIONS 1. Ordinances to AMEND the City Code: a. ~23-50.1 re penalty for failure to comply in the removal of certain trees b. ~35-252 to define Short-Term Rental Tax to conform to the State Code 2. Ordinances to EXEMPT certain organizations: a. Real and Personal Property Taxes: 1. New Jerusalem Church of God In Christ b. Personal Property Taxes: 1. Aware Worldwide, Inc. 2. Dolphin Scholarship Foundation 3. Eden Family Institute 4. Mereland 1. Cook Sr. Foundation 5. Mother Seton House, Inc. 6. Neighbor to Family, Inc (NTF) 7. Prostate Cancer International, Inc. 8. Pungo Strawberry Festival, Inc. 9. Sought Out, Inc. 10. Susan G. Komen Tidewater 11. Together We Can Foundation 12. Youth Foundation of Virginia Beach 3. Ordinance DECLARING City property on Ferry Point Road to be EXCESS and AUTHORIZING the City Manager to execute documents to sell and convey these portions to Manousos Enterprises, Inc. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of a City-owned right- of-way for PEDRO F. and MELLESSA M. BECERRA-CEL Y to construct and maintain a wharf and four (4) pile boat lift into Pike Inlet at 309 Teal Crescent. DISTRICT 7 - PRINCESS ANNE 5. Resolution in SUPPORT of the Safe Route to School (SRTS) project re the Newtown Road Corridor between Haygood Road and Diamond Springs Road near Bayside Middle School 6. Resolution to SUPPORT completion of the Transit Extension Study, HOLD IN ABEYANCE construction of the light rail project and URGING the Transportation District Commission of Hampton Roads (TDCHR) to install new leadership to restore confidence of member localities and citizens in Hampton Roads Transit (HRT) 7. Ordinance to ACCEPT $7,185 from the Division of Motor Vehicles (DMV) (animal friendly license plates) and provide it to the SPCA to support dog and cat sterilization efforts 8. Ordinance to APPROPRIATE $47,835 to Housing and Neighborhood Preservation (DHNP) re an upgrade to the software system in use by the Housing Choice Voucher program 9. Ordinance to ESTABLISH a Capital Project and TRANSFER $228,000 for the Interfacility Traffic Area (ITA) Master Plan Study encompassing the Princess Anne area: a. $178,000 from Oceana ITA conformity and acquisition b. $40,000 from the General Fund Reserve for Contingencies c. $10,000 from Open Space Park Development and Maintenance 1. PLANNING 1. Application of CLUB DIESEL (CRAIG DEAN)/PROSPERITY BEACH, LLC for Modification of the existing Proffer Agreement (previously approved by City Council on May 9, 2006 and April 8, 2008) to allow an outdoor patio, deck and motorcycle parking area at 1375 Oceana Boulevard DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL 2. Application of NANTUCKET BY THE BAY, LLC for Modification of existing Proffer Agreement (previously approved by City Council on October 25, 2005 and January 22, 2008) to allow child daycare as well as future site and building design at 3762 Shore Drive DISTRICT 4 - BA YSIDE DISTRICT RECOMMENDATION APPROV AL 3. Application of CHURCH OF THE HOLY FAMILY for Modification of Conditions (previously approved by City Council on December 8, 1998) to allow construction of a Columbarium at 1279 North Great Neck Road DISTRICT 5 - L YNNHA VEN DISTRICT RECOMMENDA nON APPROVAL 4. Application of TIDEWATER KOREAN BAPTIST CHURCH for Modification of Conditions (previously approved by City Council on January 13, 1998 and February 13, 2007) to add a second story to the church at 301 Overland Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 5. Application of NEW BEGINNING OUTREACH CHURCH/CHIMNEY HILL CENTER VIRGINIA BEACH, VA, LP for a Conditional Use Permit re a church within an existing shopping center at 945 Chimney Hill Shopping Center, Suite 102 DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 6. Application of HARD CONCRETE CO./MASAG II, LLC for a Conditional Use Permit re a contractor's storage yard at 1528 Centerville Turnpike. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 7. Application of KLB BUILDERS/LESSEL PARKER for a Change of Zoning District Classification from A-12 Apartment District to R-5S Residential District re construction of a new single-family dwelling at 1145 Carver Avenue DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL 8. Ordinance to AMEND Section 1001 of the City Zoning Ordinance (CZO) re religious uses in the 1-1 and 1-2 Industrial Districts RECOMMENDATION ADOPTION M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************* PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** TOWN HALL MEETING FY 2010-11 BUDGET January 21,2010 - 7:00 PM Great Neck Recreation Center 2521 Shorehaven Drive ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 1/12/10st www.vbgov.com I. CITY COUNCIL BRIEFING: - Conference Room - 3:30 PM A. GREEN RIBBON COMMITTEE Barry Frankenfield, Manager, Strategic Growth Area II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jim Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E, CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 8, 2009 G. FORMAL SESSION AGENDA I1tsnluttnu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS 1. SHORT-TERM RENTAL PROPERTY - TAXATION 2, SALE OF EXCESS PROPERTY 1289 Ferry Point Road 3. TAX EXEMPT ORGANIZATIONS a. Aware Worldwide, Inc. b. Dolphin Scholarship Foundation c. Eden Family Institute d. Mereland L. Cook Sr. Foundation e. Mother Seton House, Inc. f. Neighbor to Family, Inc (NTF) g. New Jerusalem Church of God in Christ h. Prostate Cancer International, Inc. i. Pungo Strawberry Festival, Inc. J. Sought Out, Inc. k. Susan G. Komen Tidewater 1. Together We Can Foundation m. Youth Foundation of Virginia Beach A ~ NOTICE OF PUBUC HEARING Amendment of SectIon 5252 of the City Code PertaInIng to the Taxation af Short-tenn Rental Property 9n January 12, 2010 at 6:00 p.m. in Council Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia, the Council of the City of Virginia Beach, Virginia will hold a Public Hearing on an ordinance to amend Section 35-252 of the City Code pertaining to the taxation of short-term rental property. This amendment incorporates language from the recently added sections (58.1-3510.4 ef seq.) to the Code of Virginia. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 38&4303; hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC City Clerk Beacon January 3,2010 20919615 I Ii I .. .~...'P' ~'P . . .... PUBUC HEARING SALE OF EXCESS CITY PROPERTY' The Virginia Beach City Council will hold a PUSUC HEARlNI on ~ disposition and sale of excess City property, Tuesday, January 12, 2010, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is known as part of GPIN 1465-194115 and part of GPIN 1465-19-2134 adjacent to 1289 Ferry Point Road. The purpose of this Hearing will be to obtain public input to detennlne whether the property should be declared .Excess of the Clty's needs.. If you are""'" .......... or vIIu8IIy Impaired and need assistance at this meeting, please call the CITY CLERK'S OFRCE at 757-38lH303; ........ 1mpeIred, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concemlng this matter should be directed to the Office of Real Estate, Building #2, Room 392. at the Virginia Beach Municipal Center at (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk BeaconJan.3,2010 20910496 ~I'" .[':~ . l!(.<O 4'1: ,., \~".~% I........""~ NOTICE OF PUBUC HEARING Proposed ExemptIons from Real and Personal Property Taxation By De.llPlatlon On TuesdeJ, J......, 12, 2010, at 8:00 p.m; In the CouncH Chamber on the second floor of the City Hal buIld'" Municipal Center, VlfI\nIII Beach, V........, the City CcNmcII of the City of VIrginia Beach wUI hold a Public Hearing on ol'dln8ncee to exempt tile foIow,", entities from I~ real and/or pefIOMI property taxee: 1. A... Worldwide. lno. Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Real Estate Property Assessment: Real Estate Property Taxes Due: 2. DoIahIn So............ FoundatIon Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Real Estate Property Assessment: Real Estate Property Taxes Due: 3. Eden F8IIIIIv InstItubI Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Reaf Estate Property Assessment: Real Estate Property Taxes Due: 4. MeN..... L Coale Sr. Foundation Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Real Estate Property Assessment: Real Estate Property Taxes Due: 5. Mother Setan Houu. lno. Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: ReaT Estate Property Assessment: Real Estate Property Taxes Due: 8. NeII!hbar to Famlv. lno. fNm Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Real Estate Property Assessment: Real Estate Property Taxes Due: $1.017.00 $15.25 $0.00 $0.00 $7,091.60 $262.39 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $200,614.00 $3,552.88 $0.00 $0.00 $30,384.40 $1.124.22 $0.00 $0.00 7. New Je........... Chwch of God In Chl'lst Tangible Personal Property Assessment: $0.00 Tangible Personal Property Taxes Due: $0.00 Real Estate Property Assessment: $565.300.00 Real Estate Property Taxes Due: $5,084.18 8. PnId8te C_ Intenwtlonal. Inc. Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Real Estate Property Assessment: Rea' Estate Property Taxes Due: 9. ........ Str8wbenY FHtlval. lno. Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Real Estate Property Assessment: Real Estate Property Taxes Due: 10 -~ Out 11111 Tangible arsona' Property Assessment: Tangible Personal Property Taxes Due: Reaf Estate Property Assessment: Real Estate Property Taxes Due: 1.1.S- Q. Kon*I Tldewat.r Tangible Personal Property Assessment: Tangible Personel Property Taxes Due: Real Estate Property Assessment: Real Estate Property Taxes Due: 12. TOHther We C.. FoundatIan Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Real Estate Property Assessment: Real Estate Property Taxes Due: 13. Youth Foundation of Vlndnla Beach Tangible Personal Property Assessment: Tangible Personal Property Taxes Due: Real Estate Property Assessment: Real Estate Property Taxes Due: $325.00 $4.81 $0.00 $0.00 $1,743.00 $26.14 SO.oo $0.00 S3,945.oo $147.95 SO.oo $0.00 $5,502.00 $74.71 SO.OO $0.00 $0.00 SO.oo $0.00 $0.00 $8.065.00 $200.39 $0.00 $0.00 Copies of the proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to. appear at the Hearing anp present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at H300-828-1120. Beacon January 3. 2010 Ruth Hodges Fraser, MMC City Clerk 20919504 ! I~ I K. ORDINANCESIRESOLUTIONS 1. Ordinances to AMEND the City Code: a. ~23-50.l re penalty for failure to comply in the removal of certain trees b. ~35-252 to define Short-Term Rental Tax to conform to the State Code 2. Ordinances to EXEMPT certain organizations: a. Real and Personal Property Taxes: 1. New Jerusalem Church of God In Christ b. Personal Property Taxes: 1. Aware Worldwide, Inc. 2. Dolphin Scholarship Foundation 3. Eden Family Institute 4. Mereland L. Cook Sr. Foundation 5. Mother Seton House, Inc. 6. Neighbor to Family, Inc (NTF) 7. Prostate Cancer International, Inc. 8. Pungo Strawberry Festival, Inc. 9. Sought Out, Inc. 10. Susan G. Komen Tidewater 11. Together We Can Foundation 12. Youth Foundation of Virginia Beach 3. Ordinance DECLARING City property on Ferry Point Road to be EXCESS and AUTHORIZING the City Manager to execute documents to sell and convey these portions to Manousos Enterprises, Inc. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion ofa City-owned right-of-way for PEDRO F. and MELLESSA M. BECERRA-CEL Y to construct and maintain a wharf and four (4) pile boat lift into Pike Inlet at 309 Teal Crescent. DISTRICT 7 - PRINCESS ANNE 5. Resolution in SUPPORT of the Safe Route to School (SRTS) project re the Newtown Road Corridor between Haygood Road and Diamond Springs Road near Bayside Middle School 6. Resolution to SUPPORT completion of the Transit Extension Study, HOLD IN ABEYANCE construction of the light rail project and URGING the Transportation District Commission of Hampton Roads (TDCHR) to install new leadership to restore confidence of member localities and citizens in Hampton Roads Transit (HR T) 7. Ordinance to ACCEPT $7,185 from the Division of Motor Vehicles (DMV) (animal friendly license plates) and provide it to the SPCA to support dog and cat sterilization efforts 8. Ordinance to APPROPRIATE $47,835 to Housing and Neighborhood Preservation (DHNP) re an upgrade to the software system in use by the Housing Choice Voucher program 9. Ordinance to ESTABLISH a Capital Project and TRANSFER $228,000 for the Interfacility Traffic Area (ITA) Master Plan Study encompassing the Princess Anne area: a. $178,000 from Oceana ITA conformity and acquisition b. $40,000 from the General Fund Reserve for Contingencies c. $10,000 from Open Space Park Development and Maintenance CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code 9 23-50.1 Pertaining to the Removal of Certain Trees MEETING DATE: January 12, 2010 . Background: The City Code provides that if a tree, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or the health or safety of people or other trees or vegetation, the City shall serve notice on the owner of the land that the tree must be removed within a reasonable period of time (not sooner than seven days from the notice but no later than thirty days from the notice). If the danger posed by the tree can be eliminated by removing only a portion or portions of the tree, then the notice will specify that only those portions must be removed. . Considerations: Currently, failure to remove such a tree (or portions thereof) within the time prescribed by the notice is punishable as a Class 4 misdemeanor (conviction of which is subject to a fine of up to $250). This ordinance would instead provide that failure to comply with the notice shall be punishable by a civil penalty not to exceed $250. The Code would continue to provide that the City may remove such a tree (or portions thereof) at the property owner's expense, along with an administrative fee of $150. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Ordinance Requested by Council member DeSteph REQUESTED BY COUNCILMEMBER DeSTEPH 1 AN ORDINANCE TO AMEND CITY CODE ~ 23-50.1 2 PERTAINING TO REMOVAL OF CERTAIN TREES 3 4 SECTION AMENDED: ~ 23-50.1 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section ~23-50.10f the City Code is hereby amended and reordained to 10 read as follows: 11 12 Sec. 23-50.1. Removal of certain trees. 13 14 (a) Upon determination by the code enforcement administrator or the city arborist, or 15 the officers or employees of their respective departments, that there exists upon 16 any land or premises within the city any tree which, by reason of disease, death, 17 injury, infirmity or other condition, presents a danger to property or to the health 18 and safety of persons or other trees or vegetation, notice shall be served upon 19 the owner of such land or premises or his or her agent. or upon the occupant 20 thereof to cause such tree to be removed within a reasonable period of time, not 21 less than seven (7) days nor more than thirty (30) days, specified in such notice. 22 If the danger presented by such tree may be eliminated by the removal of a 23 portion of such tree, the notice shall specify the portion or portions of the tree to 24 be so removed. For purposes of this section, the term "tree" shall be construed to 25 include the plural of the term. 26 27 (b) Service of the notice provided for herein shall be by personal service or by 28 certified or registered mail. In the event the land or premises are vacant and the 29 owner thereof or his or her agent cannot be found by the exercise of due 30 diligence, such notice shall be given by certified or registered mail to the last- 31 known residence or post office box address of the owner and, in addition thereto, 32 shall be posted in a conspicuous place upon the premises. Service of such notice 33 upon one owner or occupant in any manner provided for herein shall be sufficient 34 in the event such land or premises is owned or occupied jointly. 35 36 (c) Failure to comply with the terms of a notice issued and served as provided in this 37 section within the time prescribed by such notice shall be punishable as 3 Closs 38 4 misdome~mor by a civil penaltv not to exceed $250.00. In addition to any fiRe 39 civil penalty imposed hereunder, the code enforcement administrator may, in the 40 name of the city, institute legal action to enjoin the continuing violation of this 41 section and may remove or contract for the removal of any such tree or portion 42 thereof, in which event the cost of such removal, including an administrative fee 43 in the amount of one hundred fifty dollars ($150.00), shall be charged to the 44 person or persons named in the notice and collected by action at law or as 45 46 47 48 (d) 49 50 51 52 53 of I'll delinquent real estate taxes are collected, or both. The remedies provided for herein shall be cumulative in nature. The provisions of this section shall not apply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes. Adopted by the Council of the City of Virginia Beach, Virginia, on the day ,2009. APPROVED AS TO LEGAL SUFFICIENCY: c~~r CA11325 R-2 November 17,2009 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-252 of the City Code Pertaining to Short- Term Rental Property MEETING DATE: January 12, 2010 . Background: The Code of Virginia provides a "short-term rental property tax" for businesses engaged in renting of equipment. For purposes of this tax, "short-term rental property" means all tangible personal property held for rental, except trailers and other tangible personal property required to be licensed or registered with the department of motor vehicles, department of game and inland fisheries, or the department of aviation. For those businesses to which this tax applies, the short-term rental tax is imposed in lieu of taxation of the rental property as tangible business personal property tax. The General Assembly recently updated the enabling legislation for this tax. Pursuant to that update, the relevant City Code section requires amendment. . Considerations: The attached ordinance amends the City Code to clarify the short-term rental tax and is required for the City Code to conform with the Code of Virginia. Last, because the tax day for business personal property tax is January 1, this amendment shall be effective January 1, 2010. . Recommendation: Approve attached ordinance. . Public Information: A public notice was placed in the Sunday Beacon on January 3rd for a public hearing at the Council Meeting of January 12th. Additionally, public information will be provided through normal Council Agenda process. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue flk-- City Manager: ~~ lL . ~Oot. 1 AN ORDINANCE TO AMEND SECTION 35-252 OF 2 THE CITY CODE PERTAINING TO SHORT-TERM 3 RENTAL PROPERTY 4 5 Section Amended: ~ 35-252 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That Section 35-252 of the Code of the City of Virginia Beach, Virginia is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-252. Short-term rental tax. 14 15 (a) Levied; amount. Pursuant to section 58.1 3510 3510.6 of the Code of 16 Virginia, there is hereby assessed and imposed on every person engaged in the short- 17 term rental business a tax of one (1) percent on the gross proceeds of such business 18 defined in subsection (c)(1) and one-and-one half percent of such business defined in 19 subsection (c)(2). Such tax shall be in addition to the tax levied pursuant to section 20 58.1-605 of the Code of Virginia. For purposes of this section, "gross proceeds" means 21 the total amount charged to each person for the rental of GaMy short-term rental 22 property, excluding any state and local sales tax paid pursuant to the Virginia Retail 23 Sales and Use Tax Act. 24 25 (b) 9aity short-term rental property defined. For purposes of this section, 26 "Qa.ijy short-term rental property" means all tangible personal property held for rental 27 and owned by a person engaged in the short-term rental business, except trailers, as 28 defined in section 46.2-100 of the Code of Virginia and other tangible personal property 29 required to be licensed or registered with the department of motor vehicles, department 30 of game and inland fisheries, or the department of aviation. 31 32 (c) Short-term rental business defined. A person is engaged in the short-term rental 33 business it not less than eighty (80) percent of the gross rental receipts of such 34 business in any year are from transactions involving rental periods of ninety two (92) 35 consecutive days or less, including all extensions and rene':.~als to the same person or a 36 person affiliated 'I:ith the lessor. "Affiliated" for purposes of this subsection shall me::m 37 any common O'.vnership interest in excess of five (9) percent of any officers or partners 38 in common with the lessor and lessee. For purposes of this test, (i) any rental to a 39 person affiliated '::ith the lessor shall be treated as r-ental receipts but shall not qualify 40 for purposes of the eighty (80) percent requiroment, and (ii) any rental of personal 41 property which also involves the provision of personal services for the operation of the 42 personal property rented shall not be treated as gross receipts from rental. For 43 purposes of this section, the delivery and inst311ation of tangible personal property shall 44 not mean operation. 45 46 (1) Not less than 80 percent of the Qross rental receipts of such business durina the 47 precedina year arose from transactions involvinQ the rental of short-term rental property. 48 other than heavy equipment property as defined in subdivision (2). for periods of 92 i II 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 i .1 I consecutive days or less, includina all extensions and renewals to the same person or a person affiliated with the lessee; or (2) Not less than 60 percent of the aross rental receipts of such business during the precedina year arose from transactions involving the rental of heaw eQuipment property for periods of 270 consecutive days or less, includina all extensions and renewals to the same person or a person affiliated with the lessee. For purposes of this subdivision, "heaw eQuipment propertv" means rental property of an industry that is described under code 532412 or 532490 of the 2002 North American Industry Classification System as published bv the United States Census Bureau, excluding office furniture, office eQuipment. and proarammable computer eQuipment and peripherals as defined in Code of Virginia ~ 58.1-3503(A)(16). For purposes of determinina whether a person is enaaged in the short-term rental business as defined in subdivisions (1) and (2), a person is "affiliated" with the lessee of rental property if such person is an officer, director, partner. member. shareholder. parent or subsidiary of the lessee, or if such person and the lessee have any common ownership interest in excess of five percent any rental to a person affiliated with the lessee shall be treated as rental receipts but shall not Qualify for purposes of the 80 percent reQuirement of subdivision (1) or the 60 percent reQuirement of subdivision (2); and any rental of personal property which also involves the provision of personal services for the operation of the personal property rented shall not be treated as aross receipts from rental. provided however that the delivery and installation of tanaible personal property shall not mean operation for the purposes of this subdivision. A person who has not previouslv been enaaaed in the short-term rental business who applies for a certificate of reaistration pursuant to subsection (j) shall be eliaible for reaistration upon his certification that he anticipates meeting the reQuirements of subdivision (1) or (2), desianated bv the applicant. durina the year for which registration is souaht. In the event that the commissioner of the revenue makes a written determination that a rental business previouslv certified as short-term rental business pursuant to subsection (j) has failed to meet either of the tests set forth in subdivision (1) or (2) durina a precedina tax year. such business shall lose its certification as a short-term rental business and shall be subiect to the business personal property tax with respect to all rental property for the tax year in which such certification is lost and any subseQuent tax years until such time as the rental business obtains recertification pursuant to subsection (D. In the event that a rental business loses its certification as a short-term rental business pursuant to this subsection, such business shall not be reQuired to refund to customers dailv rental property taxes previouslv collected in good faith and shall not be subiect to the assessment for business personal property taxes with respect to rental property for tax years precedina the year in which the certification is lost unless the commissioner makes a written determination that the business obtained its certification bv knowinalv makina materiallv false statements in its application. in which case the commissioner may assess the taxpayer the amount of the difference between the short-term rental property taxes remitted bv such business during the period in which the taxpayer wronafully held certification and the business personal property 97 taxes that would have been due durina such period but for the certification obtained by 98 the makino of the materially false statements. Any such assessment, and any 99 determination not to certify or to decertify a rental business as a short-term rental 100 business as defined in this subsection. may be appealed pursuant to the procedures 101 and reauirements set forth in Code of Virainia & 58.1-3983.1 for appeals of local 102 business taxes. which shall apply mutatis mutandis to such assessment and certification 103 decisions. 104 105 A rental business that has been decertified pursuant to the provisions of this subsection 106 shall be elioible for recertification for a subseQuent tax year upon a showina that it has 107 met one of the test provided in subdivisions (1) and (2) for at least ten months of 108 operations durina the present tax year. 109 110 (d) Taxation of rental property that is not QaH.y short term rental property. 111 Except for EiaHy short-term rental passenger cars, rental property that is not EiaHy short- 112 term rental property shall be classified for taxation pursuant to section 58.1-3503 of the 113 Code of Virginia. 114 115 (e) Collection, return and remittance of tax. Every Any person engaged in the 116 short-term rental business. as defined by subsection c. shall collect the rental such tax 117 from the each lessee of the daily rental property at the time of the rental. The lessor of 118 the ~short-term rental property shall transmit a quarterly return. not later than the 119 fifteenth day followina the end of each calendar Quarter. to the treasurer, indicating 120 reoortina the gross rental proceeds derived from the short-term rental business. The 121 commissioner of the revenue shall assess the tax due. and the short-term rental 122 business shall pay the tax so assessed to the treasurer not later than the last day of the 123 month followino the end of the calendar Quarter. and shall remit therewith the payment 124 of such tax as is due for the quarter. The return sh311 be created by the treasurer and 125 shall request all information that the commissioner of the revenue and the treasurer may 126 require. The quarterly returns and payment of tax shall be filed '..lith the treasurer on or 127 before the twentieth day of each of the months of /\pril, July, October and January, 128 representing, respectively, the gross proceeds and taxes collected during the pr-eceding 129 quarters ending The calendar Quarters end on March 31, June 30, September 30 and 130 December 31. The return shall be upon such forms. approved by the commissioner of 131 the revenue and the treasurer. aREi-setting forth such information as the commissioner 132 of revenue may require, showing the amount of gross receipts and the tax required to 133 be collected. The taxes required to be collected under this article shall be deemed to be 134 held in trust by the person required to collect such taxes until remitted as required in this 135 article. 136 137 (f) Procedure upon failure to collect, report or remit taxes. If any person, 138 whose duty it is so to do, shall fail or refuse to collect the tax imposed under this article 139 and to make, within the time provided in this article, the returns and remittances 140 required in this article, the commissioner of the revenue shall obtain facts and 141 information necessary to create an estimate of the tax due. Within ten (10) days from 142 the date the tax was due, he shall proceed to determine and assess against such 143 person the tax and the late filing penalty established in subsection (g) below, and shall 144 notify such person, by hand-delivery, facsimile or certified mail, of the total amount of I .1. ,I I 145 such tax and penalty; a copy of the assessment shall be delivered simultaneously to 146 the treasurer. The total amount thereof shall be payable immediately, and the treasurer 147 shall proceed to collect same as authorized by law. 148 149 (g) Failure or refusal to remit tax; penalty. If any person, whose duty it is so to 150 do, shall fail or refuse to remit the tax required to be collected and paid under this article 151 within the time specified in the article, there shall be added to such tax a penalty in the 152 amount of ten (10) percent of the tax past due or the sum of ten dollars ($10.00), 153 whichever is the greater. The assessment of such penalty shall not be deemed a 154 defense to any criminal prosecution for failing to make any return or remittance as 155 required in this article. Penalty for failure to pay the tax assessed pursuant to this article 156 shall be assessed on the first day following the day such quarterly installment payment 157 is due. 158 159 (h) Late filing penalty. 160 161 (1) If a report is not filed on or before the due date set forth in subsection (a) 162 above, there shall be added a penalty in the amount of ten (10) percent of the tax 163 assessable on such return or ten dollars ($10.00), whichever is greater; provided, 164 however, that the penalty shall in no case exceed the amount of the tax 165 assessable. Such penalty shall not be assessed until the day after the report is 166 due. Any such penalty, when assessed, shall become part of the tax. 167 (2) No penalty for failing to file a report shall be assessed if such failure was 168 not the fault of the taxpayer or was the fault of the commissioner of the revenue. 169 The commissioner of the revenue shall make determinations of fault relating to 170 failure to file a report. 171 172 (i) Exclusions and exemptions. No tax shall be collected or assessed on (i) 173 rentals by the commonwealth, any political subdivision of the commonwealth or the 174 United States, or (ii) any rental of durable medical equipment as defined in subdivision 175 22 of section 58.1-608 of the Code of Virginia. Additionally, all exemptions applicable in 176 chapter 6 of title 58.1 of the Code of Virginia (section 58.1-600 et seq.) shall apply 177 mutatis mutandis to the GaHy short-term rental property tax. 178 179 (j) Renter's certificate of registration. Every person engaging in the business 180 of short-term rental of tangible personal property shall file an application for a certificate 181 of registration with the commissioner of the revenue. The application shall be on a form 182 prescribed by the commissioner of revenue and shall set forth the name under which 183 the applicant intends to operate the rental business, the subdivision of subsection c 184 under which the business asserts that it is Qualified for classification as a short-term 185 rental business, the location and such other information as the commissioner may 186 require. 187 188 Each applicant shall sign the application as owner of the rental business. If the 189 rental business is owned by an association, partnership, limited liabilitv company, or 190 corporation, the application shall be signed by a member, partner, executive officer or 191 other person specifically authorized by the association, partnership, limited liabilitv 192 company, or corporation to sign. 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 Upon approval of the application by the commiSSioner of the revenue, a certificate of registration shall be issued. The certificate shall be conspicuously displayed at all times at the place of business for which it is issued. The certificate is not assignable and shall be valid only for the person in whose name it is issued and the place of business designated. (k) Criminal penalties for violation of article. Any person violating or failing to comply with any provision of this article shall be guilty of a Class 3 misdemeanor. Provided however, if the amount of tax due and unpaid for any quarterly installment exceeds one thousand dollars ($1,000.00), any person failing to remit payment when due shall be guilty of a Class 1 misdemeanor. The treasurer may apply for the issuance of a warrant or summons for such person in the manner provided by law. (I) Copies of reports; appeal of estimated assessment. .(i) The treasurer shall provide the commissioner of the revenue by the fifteenth of each month with copies of all reports submitted in the preceding month by persons required to collect the tax levied by this article, and (ii) any person issued an estimated assessment as described in subsection (f), who is aggrieved by the assessment, may apply to the commissioner of the revenue for correction as provided by Code of Virginia ~ 58.1-3980. (m) Duties of the commissioner of the revenue. The commissioner of the revenue shall be charged with auditing the reports required by this article, ensuring that short-term rental businesses are registered to collect the tax levied by this article, and responding to all inquiries that may be made by taxpayers or rental businesses. (n) Duties of the city treasurer. The city treasurer shall be charged with the receipt and collection of the taxes imposed and levied by this article, and shall cause the same to be paid into the general treasury of the city. 2. That the effective date for this amendment shall be January 1, 2010. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J)dtr~ - CA11320 R-2 December 9, 2009 I II I L'II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances Designating Organizations as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: January 12, 2010 . Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation py classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to ~ 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. . The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). · Considerations A public hearing for these items will be held at the January 12, 2010, Council Formal Session. The Commissioner of Revenue has received 12 applications in this reporting period. The Commissioner reviewed each application, The Commissioner finds the following applicant qualifies for exemption from real and personal property taxes: · New Jerusalem Church of God in Christ The Commissioner finds the following applicants qualify for exemption from personal property taxes: · Aware Worldwide, Inc. . Dolphin Scholarship Foundation . Eden Family Institute . Mereland L. Cook Sr. Foundation . Mother Seton House, Inc. . Neighbor to Family, Inc. (NTF) . Prostate Cancer International, Inc. · Pungo Strawberry Festival, Inc. . Sought Out, Inc. . Susan G. Komen Tidewater . Together We Can Foundation · Youth Foundation of Virginia Beach . Public Information: A public hearing for these items will be held on January 12th, at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, these items will be advertised with the normal Council Agenda Process. . Attachments: 12 Ordinances, City Council Policy Regarding Applications for Tax Exemption by Designation, Commissioner of Revenue Letter, Commissioner of Revenue Summary for Each Application Recommended Action: Approval of Ordinances for: Aware Worldwide, Inc.; Dophin Scholarship Foundation; Eden Family Institute; Mereland L. Cook Sr. Foundation; Mother Seton House, Inc.; Neighbor to Family, Inc. (NTF); New Jerusalem Church of God in Christ; Prostate Cancer International, Inc.; Pungo Strawberry Festival, Inc.; Sought Out, Inc.; Susan G. Komen Tidewater; Together We Can Foundation; and Youth Foundation of Virginia Beach Submitting Department/Agency: Commissioner of the Revenue City Manager: ~':. 'K , ~$<Pt tyL, I II , , ,,---I--I-JI-I City Hall Virginia Beach, VA 23456-9002 Commissioner of the Revenue Philip ). Kellam CO~~r24,2009 VBgov.comlcor The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: Effective January 1,2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxesl. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption2. On May 6, 2008 the City Council revised and re-ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 13 applications in this reporting period. The following applicants qualify for exemption from personal property taxes: Aware Worldwide Inc. Dolphin Scholarship Foundation Eden Family Institute Mereland L. Cook Sr. Foundation Mother Seton House Inc. Neighbor to Family Inc (NTF) Prostate Cancer International Inc. Pungo Strawberry Festival Inc. Sought Out Inc Susan G Komen Tidewater Together We Can Foundation Youth Foundation of Virginia Beach After reviewing each application and meeting with representatives of the applicants, I can report the following applicants qualify for exemption from real property taxes: New Jerusalem Church of God in Christ I am available if you have questions or concerns regarding the recommendations. Sincerely, ~' Phili J. ellam Commissioner 0 the Enclosures J Code of Virginia 58.1-3651 2 ORD-2798I 3 ORD-3009K Original PTOJ'osal City Council Policy Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004- I Dates of Revisions: May 6, 200S Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to ,Council's policy adopted on February 2, 2004 in an effon to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code ~ 58.1-3651, the local governing body must adopt an ordinance to exempt the propeny. 2.0~ The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to detennine the benefits to the public that will result (rom granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: - ,I II I..~,,,,,.. ~_I"""', Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 I Dates of Revisions: May 6, 2008 Page 2 ,of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code ~ 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including , but not limited to building) property maintenance) and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to me Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501 (c) status must immediately be reported to the Commissioner of the Revenue and City Attorney) and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code ~ 58.1-3605) each entity exempted from local property taxes shall) every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the tenns of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to AccompJish Policy 1. Organizations appJying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification) pursuant to Article 2 (~58.1-3606 et seq.) o~Article 3 (~58.1.3609 et seq.) of1ide 58.1 of the Virginia Code. If the organization is not exemp~ but meets the criteria of organizations that can be exempted by designation (see Virginia Code ~58.l-3651), the organization will receive ! Title: City CouncIl Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: Febnlary 3, 2004 I Dales of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code !58.l-3651 and be approved as to form by the City Anorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code ~58.l-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. 6. Exemptions, as well as any departUre from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submined tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. ,I II ~___+.......J"""'I.. Tide: City CcunciJ Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: ?ebruary 3, 2004 I Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tan!;ble personal property. 6.0 Specific ReQ uirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application fonn in form and substance substantially as presented in the attached Exhibit A, as well as any additional infonnation that the applicant wishes to present to the Qty Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE TO DESIGNATE AWARE WORLDWIDE, INC. AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Aware Worldwide, Inc.. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Aware Worldwide, Inc. as a charitable organization within the context of ~ 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Aware Worldwide, Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Aware Worldwide, Inc. for exclusively charitable purposes; (b) that each July 1, Aware Worldwide, Inc. shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Aware Worldwide, Inc. shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Aware Worldwide, Inc. cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1ih day of January, 2009. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: · · tr!: ^ III" Commissioner of the Revenue APPROVED AS TO LEGAL SUFFICIENCY: ~~-- . A 0 ney's Office CA11330 R-2 December 9, 2009 2 II OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Aware Worldwide Inc 3419 Virginia Beach Blvd. #132 Virginia Beach, Virginia 23452 Website www.awwo.org Mission Statement Their mission is to provide quality comprehensive prevention education and services to persons living with, at risk of and/or affected by HIV / AIDS/Chronic Illnesses and Family Violence. SUMMARY OF NONPROFIT BUSINESS ACTIVITY: A WARE Worldwide is a 501 (c) (3) organization serving communities-at-Iarge throughout Southeastern Virginia with quality comprehensive prevention education and services, and resources and referrals for treatment/medication management of mv / AIDS/ Chronic Illnesses, and/or Family Violence. They also target the hard to reach, underserved population oflow-income to no-income men, women and families that are living with or at risk ofHIV/AIDS/ Chronic Illnesses, and/or Family Violence TAX IMPACT: Business Property: Assessed: $1017.00 Tax: $15.25 RELEVANT INFORMATION: IRS Granted 501 (c) 3 Status - April 23, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO DESIGNATE DOLPHIN SCHOLARSHIP FOUNDATION AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Dolphin Scholarship Foundation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Dolphin Scholarship Foundation as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Dolphin Scholarship Foundation located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Dolphin Scholarship Foundation for exclusively charitable purposes; (b) that each July 1, Dolphin Scholarship Foundation shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Dolphin Scholarship Foundation shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Dolphin Scholarship Foundation cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. Commissioner of the Revenue CA11331 R-2 December 9, 2009 APPROVED AS TO LEGAL SUFFICIENCY: 2 , ~, I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Dolphin Scholarship Foundation 4966 Euclid Road, Suite 109 Virginia Beach, V A 23462 Website http://www .dolphinscholarship.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY Dolphin Scholarship Foundation (DSF) was established in 1961 to assist children of personnel serving in the U.S. Submarine Force with college scholarships through private fundraising and donations. DSF receives donations from: individual, corporate, memorial and Combined Federal Campaign and the submarine community. DSF currently awards 137 scholarships of $3400 per student. DSF grants are available on a competitive basis to high school or college children/stepchildren of members or former members of the Submarine Force. TAX IMPACT The tangible property is reported under the for-profit businesses: Business Property: Assessment: 7091.60 Tax: 262.39 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status January, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE TO DESIGNATE EDEN FAMILY INSTITUTE AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Eden Family Institute. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Eden Family Institute as a charitable organization within the context of ~ 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Eden Family Institute located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Eden Family Institute for exclusively charitable purposes; (b) that each July 1, Eden Family Institute shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1,2012, Eden Family Institute shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Eden Family Institute cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. I I APPROVED AS TO CONTENT: {OUf APPROVED AS TO LEGAL SUFFICIENCY: 7J211~ City Att r ey's Office Commissioner 0 the Revenue CA11332 R-2 December 9, 2009 2 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Eden Family Institute 184 Business Park Drive Ste 200 Virginia Beach, V A 23462 Website http://www.edencounseling.com/edenfamily /index. php SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Eden Family Institute has been providing professional Christian counseling and psychology services to community and church members in Hampton Roads since 1994. From its inception, the Eden Family Institute has sought to work with area churches and ministries to provide both affordable and valuable mental health services, for ministry members. The Eden Counseling Center provides a full range of low cost counseling and psychological services for children, adolescents, and adults. Their highly qualified and experienced staff includes a licensed clinical psychologists, licensed clinical social workers, licensed professional counselors and residents-in-training. These professionals are experienced and skilled with the ability to treat: emotional and behavioral problems of childhood and adolescence, problems in living, personal growth, and other psychiatric disorders. All of the professional counselors at the Eden Family Institute are registered with the Virginia Department of Health. The Eden Family Institute operates within a for-profit business and shares the personal property of these organizations. The tangible property is reported under the for-profit businesses: . Eden Counseling Center, Inc. . Liberty Family Services, LLC TAX IMPACT Business Property: Assessment: None Tax: None Assessment: None Tax None Assessment: None Tax: None Personal Property Real Property RELEVANT INFORMATION IRS Granted 50 I (c) 3 status November 20, 1997 I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO DESIGNATE MERELAND L. COOK SR. FOUNDATION AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Mereland L. Cook Sr. Foundation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Mereland L. Cook Sr. Foundation as a charitable organization within the context of ~ 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Mereland L. Cook Sr. Foundation located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Mereland L. Cook Sr. Foundation for exclusively charitable purposes; (b) that each July 1, Mereland L. Cook Sr. Foundation shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Mereland L. Cook Sr. Foundation shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status ofthe property; and (d) that Mereland L. Cook Sr. Foundation cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: ~~ -, commiSSioneUt~: Re:enue APPROVED AS TO LEGAL SUFFICIENCY: ~~ G' ttc .. 's Office CA11333 R-2 December 9, 2009 2 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Mereland L. Cook Sr. Foundation. (Office use only) T/A The Cook Foundation 880 Sedley Road Virginia Beach, V A 23462 No website found SUMMARY OF NONPROFIT BUSINESS ACTIVITY Mission Statement: To promote the academic, social, health, wellness and competencies necessary for students to successfully transition from adolescent to adulthood. The Cook Foundation is dedicated to keeping the youth population active through a no cost weight lifting and exercise program during the summer to help prepare them for fall sports programs. Over the past two summers, the organization held daily exercise programs at Corporate Landing Elementary School's gym and outdoor track concentrating on strength training, endurance and teambuilding. During the school year, volunteers from the organization assist school administrators by offering a tutoring service. The volunteers help students with reading, writing and basic math skills. TAX IMPACT None at this time. The organization is new and hopes they will eventually purchase office equipment and a commercial location. All funds are donated. Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status - June 30, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE TO DESIGNATE MOTHER SETON HOUSE, INC. AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Mother Seton House, Inc.. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Mother Seton House, Inc. as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Mother Seton House, Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Mother Seton House, Inc. for exclusively charitable purposes; (b) that each July 1, Mother Seton House, Inc. shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Mother Seton House, Inc. shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Mother Seton House, Inc. cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r of the Revenue ~-~ .' ttorn y's Office CA11334 R-2 December 9, 2009 2 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Mother Seton House Inc Main Office/Counseling Center/Street Outreach Center 3333-28 Virginia Beach Blvd. Virginia Beach, V A 23452 Boys Shelter (ST Nicholas Catholic Church) 642 N Lynnhaven Rd Virginia Beach, V A 23452 Girls Shelter (ST Aiden's Episcopal Church) 465 Kings Grant Rd Virginia Beach, VA 23452 Website: www.setonyouthshe1ters.org/about/mission....Programs.php SUMMARY OF NONPROFIT BUSINESS ACTMTY: Mother Seton House provides a safe haven, counseling and outreach services 24 hours a day without charge to assist youths in crisis throughout Hampton Roads, with a goal of reuniting families. TAX IMPACT: Personal Property Assessment: $26300 Tax: $973.03 Business Property Assessment: $174314 Tax: $2579.85 . RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - June 29, 1987 I I I I., I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO DESIGNATE NEIGHBOR TO FAMILY, INC. (NTF) AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Neighbor to Family, Inc. (NTF). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Neighbor to Family, Inc. (NTF) as a charitable organization within the context of ~ 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Neighbor to Family, Inc. (NTF) located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Neighbor to Family, Inc. (NTF) for exclusively charitable purposes; (b) that each July 1, Neighbor to Family, Inc. (NTF) shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1,2012, Neighbor to Family, Inc. (NTF) shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Neighbor to Family, Inc. (NTF) cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: {Oktf ~fD1L. · commiSSio(J :~e Revenue ~ . o' S Office CA11335 R-2 December 9, 2009 2 I, I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Neighbor to Family Inc. (NTF) 1300 Diamond Springs Road Virginia Beach, VA 23455 Website: http://www.neighbortofamily.org/l-1.asp SUMMARY OF NONPROFIT BUSINESS ACTIVITY Neighbor to Family ("NTF") is a national foster care organization with local offices throughout the country. The organization specializes in keeping groups of siblings together to help minimized their feelings of loss and abandonment by placing them in a single home in order to build healthier families and stronger communities. Their goal is to achieve permanency for foster children within 12 months of placement. NTF core program consists of: · Keeping Siblings Together · Placing One Siblings group with One Family at a Time · Professional Foster Caregivers · Birth Family Engagement · Foster Caregivers Mentoring Birth Family . Keeping Children in their community of origin; Supporting a cultural sensitive approach to intervention strategies · Neighbor To Family Team Meetings · Trauma Informed Care TAX IMPACT Business Property: Assessment: 30,384.40 Tax: 1,124.22 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORl'1:A TION IRS Granted 50 I (c) 3 status September 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO DESIGNATE NEW JERUSALEM CHURCH OF GOD IN CHRIST AS BEING EXEMPT FROM LOCAL REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local real and personal property taxes to New Jerusalem Church of God in Christ. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates New Jerusalem Church of God in Christ as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That real and personal property owned by New Jerusalem Church of God in Christ located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property New Jerusalem Church of God in Christ for exclusively charitable purposes; (b) that each July 1, New Jerusalem Church of God in Christ shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1,2012, New Jerusalem Church of God in Christ shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that New. Jerusalem Church of God in Christ cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. I I I. I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: af the Revenue ~ . Attar ey's Office CA11336 R-2 December 9, 2009 2 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME New Jerusalem Church of God in Christ 118 Erie Avenue Virginia Beach, VA 23451 SUMMARY OF NONPROFIT BUSINESS ACTIVITY New Jerusalem Church is seeking an exemption from real property taxation by designation for three properties owned by the church. The church owns nine properties in the neighborhood adjacent to their church; five of the properties qualify for exemption by classification, three are recommended for exemption by designation, and the remaining property does not qualify for exemption per city and state code. 1. 1059 Longstreet Ave - A single family, fully furnished, all utilities paid house used to assist low-income single male occupants who have encountered financial difficulties. Assessment - $188,200.00 Tax impact - $1,674.98 2. 1068 Longstreet Ave - A single family fully furnished, all utilities paid house used to assist low-income single female occupants who have encountered financial difficulties. Assessment - $236,000.00 Tax impact - $2,100.40 Generally, the occupants for the above properties contribute $500 per month. In some cases, occupants may have the option to contribute a lesser amount. All proceeds pay for the operation, upkeep, and maintenance of the property. 3. 1064 Longstreet Ave - A single family fully furnished, all utilities paid house used to assist families in need of financial assistance. Occupants are asked to contribute what they can afford. Assessment - $147,100.00 Tax impact - $1,309.20 Utilities include water/sewer, gas, electricity, telephone, internet and cable. TOTAL TAX IMPACT Real Property Assessment: Tax: $571,300.00 $5,084.58 I I I ,~I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO DESIGNATE PROSTATE CANCER INTERNATIONAL, INC. AS BEING EXEMPT FROM lOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Prostate Cancer International, Inc.. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Prostate Cancer International, Inc. as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Prostate Cancer International, Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Prostate Cancer International, Inc. for exclusively charitable purposes; (b) that each July 1, Prostate Cancer International, Inc. shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Prostate Cancer International, Inc. shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Prostate Cancer International, Inc. cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia; on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: .: ~. . Commissioner of the Revenue APPROVED AS TO LEGAL SUFFICIENCY: ~ I Att ney's Office CA11337 R-2 December 9, 2009 2 I I I, I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Prostate Cancer International Inc. (Office use only) TI A Prostate Cancer International Inc. 1533 Lake Christopher Drive Virginia Beach, V A 23464 Website: http://pcainternational.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY MISSION - is to transform global understanding ofthe risks associated with prostate cancer and the strategies to manage those risks until prevention is possible and a cure can be found. The purpose of the organization is to raise funds through public and private solicitation for: I. The promotion of knowledge about and awareness of prostate cancer and related issues both nationally and internationally. 2. To support of prostate cancer education and research. 3. To offer support and information regarding prostate cancer and related issues to the public and to selected members ofthe professional health care community both nationally and internationally via a range of educational and informational activities. 4. To encourage and support research into the effective prevention, diagnosis, management and/or cure of prostate cancer in all its stages. Prostate Cancer International, Inc. also manages a series of five interconnected, informational prostate cancer web sites for the global community: TAX IMPACT None at this time. The organization is new and hopes they will eventually purchase office equipment and a commercial location. All funds are donated. Business Property: Assessment: $325.00 Tax: $4.81 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS granted 501 (c) 3 status February 25,2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO DESIGNATE PUNGO STRAWBERRY FESTIVAL, INC. AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Pungo Strawberry Festival, Incoo NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Pungo Strawberry Festival, Inc. as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Pungo Strawberry Festival, Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Pungo Strawberry Festival, Inc. for exclusively charitable purposes; (b) that each July 1, Pungo Strawberry Festival, Inc. shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1,2012, Pungo Strawberry Festival, Inc. shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Pungo Strawberry Festival, Inc. cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. I I . II' , I APPROVED AS TO CONTENT: ..~, p Commissioner of the Revenue APPROVED AS TO LEGAL SUFFICIENCY: ~-- City Att ney's Office CA11338 R-2 December 9, 2009 2 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Pungo Strawberry Festival, Inc 1776 Princess Anne Rd Virginia Beach, V A 23456 Website: http://www.pungostrawberryfestival.info/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Pungo Strawberry Festival, Inc. is organized to celebrate Virginia Beach agriculture and promote the products ofthe rural community. All proceeds from the festival are donated to non-profit community and service organizations throughout Hampton Roads. The' organization is committed to supporting public, charitable and civic organizations such as public schools and other non profit organizations. The fIrst festival was held in 1983 with an attendance of nearly 50,000 people. Currently, about 120,000 people attend the event yearly. To date, the Pungo Strawberry Festival has donated over $600,000.00 to the community. In addition to the direct support nonprofIt organizations receive from the Pungo Strawberry Festival, many other nonprofIt organizations like Lions Club, breast cancer survivors and the local chapter 4-H club sets up booths during the festival to help raise money for their organizations. TAX IMPACT Business Property: Assessment: $1743.00 Tax: $26.14 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status November 14, 1991 I I . II: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AN ORDINANCE TO DESIGNATE SOUGHT OUT, INC. AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Sought Out, Inc.. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Sought Out, Inc. as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Sought Out, Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Sought Out, Inc. for exclusively charitable purposes; (b) that each July 1, Sought Out, Inc. shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Sought Out, Inc. shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Sought Out, Inc. cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms ofthis ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: ~ APPROVED AS TO LEGAL SUFFICIENCY: ~~. CA11339 R-2 December 9, 2009 2 I' , OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Sought Out Inc 4937 Cleveland Street Virginia Beach, V A 23462 Website http;//www.soughtout.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Sought Out Inc. (SO) is a non-denominational Christian ministry for men and women wanting to address issues of human sexuality. SO provide a safe, confidential and equipped place to help deal with a wide range of issue that affect individuals and SO provide support groups and licensed counselors to help individuals who desire freedom from broken relationships. They have over 50 volunteers and licensed counselors provided by the Christian Psychotherapy Services, Eden Counseling Center and Genesis Counseling Center as needed. TAX IMPACT The tangible property is reported under the for-profit businesses: Business Property: Assessment: $3945.00 Tax: $147.95 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status April 3, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO DESIGNATE SUSAN G. KOMEN TIDEWATER AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with ~ 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Susan G. Komen Tidewater. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Susan G. Komen Tidewater as a charitable organization within the context of ~ 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Susan G. Komen Tidewater located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Susan G. Komen Tidewater for exclusively charitable purposes; (b) that each July 1, Susan G. Komen Tidewater shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Susan G. Komen Tidewater shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Susan G. Komen Tidewater cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. I I ,I APPROVED AS TO CONTENT: .~ . Commissioner of the Revenue APPROVED AS TO LEGAL SUFFICIENCY: ~ --- I Att y's Office CA11340 R-2 December 9, 2009 2 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Susan G Komen Tidewater 119 S Witchduck Road Suite 85 Virginia Beach, V A 23462 Website http://www.komentidewater.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Tidewater Affiliate of Susan G. Komen for the Cure is dedicated to combating breast cancer at every front. Up to 75 percent of the affiliate's net income funds grants for local hospitals and community organizations that provide breast health education and breast cancer screening and treatment programs to medically underserved women. The remaining net income (a minimum of25 percent) supports the national Komen Grants Program, which funds groundbreaking breast cancer research; meritorious awards and educational and scientific programs around the world. The Tidewater affiliate's services area covers the cities and counties of Accomack, Chesapeake, Franklin, Gloucester, Hampton, Isle of Wight, James City, Lancaster, Mathews, Middlesex, Newport News, Norfolk, Northampton, Northumberland, Poquoson, Portsmouth, Southampton, Suffolk, Virginia Beach, Williamsburg and York. The Tidewater affiliate hosts the Komen of Tidewater Race for the Cure and other events each year. Komen Tidewater is playing a vital role in fighting breast cancer in our community. TAX IMPACT The tangible property is reported under the for-profit businesses: Business Property: Assessment: Tax: $5052.00 $74.77 Personal Property Assessment: Tax None None Real Property Assessment: Tax: None None RELEVANT INFORMATION IRS Granted 501 (c) 3 status November 3, 1983 I I . II' I .1 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO DESIGNATE TOGETHER WE CAN FOUNDATION AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with S 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Together We Can Foundation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Together We Can Foundation as a charitable organization within the context of S 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Together We Can Foundation located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Together We Can Foundation for exclusively charitable purposes; (b) that each July 1, Together We Can Foundation shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Together We Can Foundation shall file an exemption application with the Commissioner ofthe Revenue as a requirement for retention of the exempt status of the property; and (d) that Together We Can Foundation cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~--- Ci Y Atlo ey's Office CA 11341 R-2 December 9, 2009 2 I I ~ I OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Together We Can Foundation 1312 E. Bay Shore Dr (Home based office) Virginia Beach, VA 23451 Website: www.twcfoundation.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Together We Can Foundation is dedicated to help the growing number of children aging out of the foster care system. The foundation works with the community, businesses, clergy, civic leaders, human service agencies, and other foundations to improve the lives and the futures of foster youth. They support the development of employment opportunities for young people aging out of foster care by creating joint ventures with area businesses and advocating changes in Medicaid regulations that are a disincentive to employment. The Foundation also works with area providers to develop independent living programs for youth aging out of foster care, including supervised living programs. They aim to increase the number offoster care children who complete higher education and/or vocational training opportunities by working with higher learning institutions, vocational schools, and scholarship programs. TAX IMPACT There is no tax impact at this time. The volunteers within the organization use their own phone and homes to assist foster children. They hope to purchase office equipment and other items as needed in the future. Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax None Real Property Assessment: . None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status November 12,2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO DESIGNATE YOUTH FOUNDATION OF VIRGINIA BEACH AS BEING EXEMPT FROM LOCAL PERSONAL PROPERTY TAXATION WHEREAS, in accordance with 9 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local personal property taxes to Youth Foundation of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Youth Foundation of Virginia Beach as a charitable organization within the context of 9 6(a)(6) of Article X of the Constitution of Virginia. 2. That personal property owned by Youth Foundation of Virginia Beach located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property Youth Foundation of Virginia Beach for exclusively charitable purposes; (b) that each July 1, Youth Foundation of Virginia Beach shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or, if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on July 1, 2012, Youth Foundation of Virginia Beach shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Youth Foundation of Virginia Beach cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1ih day of January, 2010. Requires an affirmative vote of three-fourths of the members of the City Council. I II II' .. ...--."-I.~-.I.4~1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: er of the Revenue 1J1L ~ Cit arney's Office CA11342 R-2 December 9,2009 2 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME Youth Foundation of Virginia Beach T/A Youth Service Club 1124 Ditchley Road Virginia Beach, VA 23451 Website: None could be found SUMMARY OF NONPROFIT BUSINESS ACTIVITY This organization holds a yearly event to benefit youth organizations in Virginia Beach. Proceeds go directly to organizations including the Boy Scouts of American, Samaritan House, Seaton House, Equi-Kids and the Boys and Girls Club of Virginia Beach. The organization was formerly known as the Virginia Beach Exchange Club and has been supporting youth organizations for many years. TAX IMPACT Business Property: Assessment: $4415.00 Tax: $65.34 Personal Property Assessment: $3650.00 Tax $135.05 Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status - September 13,2004 I II II! .._~-I,_.....I...j_,1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring portions of City property on Ferry Point Road, known as GPINs 1465-19-2134 and 1465-19-4115, to be in excess of the City's needs and authorizing the City Manager to sell portions of the property to Manousos Enterprises, Inc. MEETING DATE: January 12, 2010 . Background: In 1992, the City acquired GPIN 1465-19-2134, as part of a larger parcel (GPIN 1465-19-2085), by deed from Apolonio F; Fontanares et al. In 1993, the City acquired GPIN 1465-19-4115, as part of a larger parcel (GPIN 1465-19-4140), by condemnation from Indian River Road Associates. Both parcels were acquired for Indian River Road Phase V (CIP 2-080). Residual areas remained after completion of the Indian River Road improvements, including the areas now known as GPINs 1465-19-2134 and 1465-19-4115. Manousos Enterprises, Inc. (the "Applicant") proposes to acquire approximately 1,710 square feet of GPIN 1465-19-2134 and approximately 4,283 square feet of GPI N 1465-19-4115 and incorporate the property into its existing property at 1289 Ferry Point Road, so that it can re-subdivide the property into three single- family residential lots. . Considerations: The Excess City Owned Real Property Committee reviewed the Applicant's request and recommends that City Council declare the property in excess of the City's needs and sell the property to Manousos Enterprises, Inc. The proceeds from this transaction will be directed to CIP #3-368, Various Site Acquisitions. . Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. . Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property, subject to the terms and conditions in the attached Summary of Terms and other such terms, conditions or modifications as may be satisfactory to City Council. . Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance ~ ~ Submitting Department/Agency: Public Works/Real state ~. o~t', City Manager~ k., ~ 1 AN ORDINANCE DECLARING PORTIONS OF 2 CITY PROPERTY ON FERRY POINT ROAD, 3 KNOWN AS GPINS 1465-19-2134 AND 1465-19- 4 4115, TO BE IN EXCESS OF THE CITY'S 5 NEEDS AND AUTHORIZING THE CITY 6 MANAGER TO SELL PORTIONS OF THE 7 PROPERTY TO MANOUSOS ENTERPRISES, 8 INC. 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located on Ferry Point Road, known as GPINS 1465-19-2134 12 and 1465-19-4115, more particularly described on Exhibit "A" attached hereto and made 13 a part hereof; 14 15 WHEREAS, Manousos Enterprises, Inc., a Virginia corporation, has 16 proposed to purchase a portion of GPIN 1465-19-2134 and a portion of GPIN 1465-19- 17 4115, more particularly described as: 18 19 All those certain lots, pieces or parcels of land being known, designated 20 and described as Area 1 = Property of the City of Virginia Beach to be Conveyed to 21 Manousos Enterprises, Inc. 1,710 SQ.FT. or 0.039 AC." and "Area 2= Property of the 22 City of Virginia Beach to be Conveyed to Manousos Enterprises, Inc. 4,283 SQ. FT. or 23 0.098 AC.", as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A-2 24 (INST. NO. 200310150167649), PART OF PARCEL 009A (M.B. 218 PG. 92) & PART 25 OF PARCEL 011 (M.B. 218 PG. 85) VIRGINIA BEACH, VIRGINIA", dated September 26 25,2009, and prepared by Ward M. Holmes, Land Surveyor, P.C. (the "Property"), from 27 the City; 28 29 WHEREAS, the City Council is of the opinion that the Property is in 30 excess of the needs of the City of Virginia Beach. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the Property is hereby declared to be in excess of the needs of the 36 City of Virginia Beach and that the City Manager is hereby authorized to execute the 37 Agreement of Sale and any documents necessary to convey the Property to Manousos 38 Enterprises, Inc., in substantial conformity to the Summary of Terms attached hereto as 39 Exhibit B, and such other terms, conditions or modifications as may be satisfactory to 40 City Council and in a form deemed satisfactory by the City Attorney. The proceeds from 41 this transaction shall be directed to CIP #3-368, Various Site Acquisitions. 42 43 This ordinance shall be effective from the date of its adoption. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of ,2010. 47 48 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS 49 OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. ------..1.-"--'.. CA-11219 \\vbgov .com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D009\P007\00034914. DOC R-1 DATE: 12/11/2009 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY U1~~ City Attorn y's Office EXHIBIT "A" GPIN 1465-19-2134 A part of that certain lot, tract or parcel of land together with the improvements thereon belonging, lying and being in the City of Virginia Beach, Virginia and designated and described as: "ACQUISITION AREA 32,397 SQ. FT. 0.744 AC." as shown on that certain plat entitled: "PLAT OF PROPERTY BEING ACQUIRED FROM APOLONIO F. FONTANARES, ET ALS PARCEL 011, BY THE CITY OF VIRGINIA BEACH FOR C.I.P. 2-080 INDIAN RIVER ROAD - PHASE V, KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA DATE: 1-22-91 SCALE: 1"=50' ENGINEERING SERVICES, INC.," Said plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 218, at Page 85, to which reference is made for a more particular description. It being a part of the same property conveyed to the City of Virginia Beach by deed dated March 20, 1992 and recorded in Deed Book 3071, at page 2086 in the aforesaid Clerk's Office. GPIN 1465-19-4115 A part of that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as: ACQUISITION AREA 22,846 SQ. FT. 0.524" as shown on that certain plat entitled: "PLAT OF PROPERTY BEING ACQUIRED FROM INDIAN RIVER ROAD ASSOCIATES PARCEL 009A, BY THE CITY OF VIRGINIA BEACH FOR c.I.P. 2-080 INDIAN RIVER ROAD - PHASE V KEMPSIVLLE BOROUGH VIRGINIA BEACH, VIRGINIA DATE 1-22-91 SCALE 1"=30'." Said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 218, at Page 92, to which references is made for a more particular description. It being a part of the same property acquired by the City of Virginia Beach by the Certificate of Take recorded in Deed Book 3070, at Page 1379 and confirmed by that Order Confirming Commissioner Report recorded in Deed Book 3295, at page 1053 and Order Confirming Award recorded in Deed Book 3314, at page 1687, in the aforesaid Clerk's Office. I I I..... ,"'..__I.__,I_~~I EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON FERRY POINT ROAD SELLER: City of Virginia Beach PURCHASER: Manousos Enterprises, Inc., a Virginia corporation PROPERTY: Approximately 1,710 square feet ofGPIN 1465-19-2134 and approximately 4,283 square feet ofGPIN 1465-19-4115, both parcels being located adjacent to 1289 Ferry Point Road LEGAL DESCRIPTION: All those certain lots, pieces or parcels of land being known, designated and described as Area 1 = Property of the City of Virginia Beach to be Conveyed to Manousos Enterprises, Inc. 1,710 SQ.FT. or 0.039 AC." and "Area 2= Property of the City of Virginia Beach to be Conveyed to Manousos Enterprises, Inc. 4,283 SQ. FT. or 0.098 AC.", as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A- 2 (INST. NO. 200310150167649), PART OF PARCEL 009A (M.B. 218 PG. 92) & PART OF PARCEL 011 (M.B. 218 PG. 85) VIRGINIA BEACH, VIRGINIA", dated September 25, 2009, and prepared by Ward M. Holmes, Land Surveyor, P.C. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above-described property. SALE PRICE: $15,000.00, fair market value CONDITIONS OF SALE: . The Purchaser shall, at the Purchaser's expense, resubdivide the property and vacate internal lot lines to incorporate the approximate 5,993 square feet into the existing property at 1289 Ferry Point Road . The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. Said approval shall only be for the construction of single family dwellings. . The Purchaser shall adhere to all zoning ordinances. "'0 iii 1l i .!r -0 ~ m :J lC :.... m :J lp (I) C "'0 "'0 o ;:+ (I) (\) < n' (\) UI lXJ c iii III C o .- ~ i\3 o .- o x '6 o ! ); ::::0 (") :!! iD ~ lC (\) :J c.. III s::: III "'0 !!1- o. .:t ] en 1 ~ .... f1:1 .j:o. m ...... .:.. II CD ...... .r.. 0 :::: q en N .- (..) .j:o. ~ N CD co tn .- en -...j 3 x ... )> :::0 m )> ~ o OJ m () o z < m -< m o r tD (Q (1) () ::s ~ c. -< ""U e5 ""U m :::0 ~ -< o D m >< ~ ~ Z en o en G')C G')~or- "'Oen J!-=i0 -0 ZZ-<o Zen '"""'""" )> '"""m_.a:...a:..~:::! .a:..Z"-cncn<o cn-tZCIIV'ZZ V'mo~,"""m~ '""";:u CDCDO CD"'O ~~ ~;:u '"""'""""'0"0 '"""- w'"""::u t\)en .a:..U'l0 cnm "0 en m - ::u Z -I o -< , ._"-"~--::----:: 1J.Jo,.,Pirliis;;;_ li J// 1/ /..< " /: # ~~ !~~ IA' /, ,I.. // /1 I f/ // 1/ r--; ---~"~...i j. ~ ~z /~ , I II' ,,, .._.~I"._,I-l-I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a variable width canal on City property known as Pike Inlet located at the rear of 309 Teal Crescent, for property owners Pedro F. Becerra-Cely and Mellessa M. Becerra MEETING DATE: January 12, 2010 . Background: Pedro F. Becerra-Cely and Mellessa M. Becerra have requested permission to construct and maintain a wharf and a four (4) pile boat lift in a portion of a variable width canal on City property known as Pike Inlet located at the rear of 309 Teal Crescent, Virginia Beach, Virginia. Pike Inlet is a part of the waterways in the Sand bridge section of the City. There are other encroachments on Pike Inlet that are similar to this encroachment. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of six (6) trees and six (6) shrubs of a size and species of Applicants' choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the south property line. The Department of Planning/Environmental Management Center has determined that the applicant shall make a FOUR HUNDRED SIXTY-NINE DOLLARS AND lWENTY CENTS ($469.20) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City-owned property. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Pictures and Location Map. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Rea City Manager: ~l> \L :'be~ ?4~ [ I [ II' 1..<, 1+._,.__...._"',..,.~I_""~,I.a..I_,1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A VARIABLE WIDTH CANAL ON CITY PROPERTY KNOWN AS PIKE INLET LOCATED AT THE REAR OF 309 TEAL CRESCENT, FOR PROPERTY OWNERS PEDRO F. BECERRA-CEL Y AND MELLESSA M. BECERRA WHEREAS, Pedro F. Becerra-Celyand Mellessa M. Becerra desire to construct and maintain an open-pile wharf and a four (4) pile boat lift upon a portion of a variable width canal on City property known as Pike Inlet located at the rear of 309 Teal Crescent, in the City of Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in 99 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Pedro F. Becerra-Cely and Mellessa M. Becerra, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a wharf and four (4) pile boat lift in a portion of the City's property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR PEDRO F. BECERRA-CEL Y AND MELLESSA M. BECERRA LOT 64, SANDBRIDGE SHORES, SECTION 1-B NORTH 75 PA SBD TIF SSD DISTRICT VIRGINIA BEACH, VA M.B. 103 PG. 24," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Pedro F. Becerra-Cely and Mellessa M. Becerra (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Pedro F. Becerra-Cely and Mellessa M. Becerra and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2010. day of CA-11198 X:IOIDlREAL EST ATEIEncroachmentslPW OrdinanceslCA 11198 Becerra-Cely Ordiance.doc V:lapplicationslcitylawprodlcycom32IWpdocsID004\PO05100024121.DOC R-1 PREPARED: 12/4/09 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM r (' ~1ls4o PUB WORKS, REAL ESTATE ~~ ANA ARME~ ASSISTANT CITY A TIORNEY I II . Iii I I-I' I PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 16th day of September, 2009, by and between the CITY OF VIRGINIA BEACH, VI RGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PEDRO F. BECERRA-CEl Y AND MELLESSA M. BECERRA, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 64" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 309 TEAL CRESCENT, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a wharf and a four (4) pile boat lift, 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 a variable width canal on City property known as Pike Inlet, the "Encroachment Area"; and GPIN: 2433-26-1617-0000 2433-16-9348-0000 (City Property-Canal) lrM WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permissio n to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and ag reed 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 PEDRO F. BECERRA- CEL Y AND MELLESSA M. BECERRA LOT 64, SANDBRIDGE SHORES, SECTION 1-B NORTH 75 PA SBD TIF SSD DISTRICT VIRGINIA BEACH, VA M.B. 103 PG. 24," 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 2 /I, I II . III .. -~----.I-~I-II-j be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a FOUR HUNDRED SIXTY-NINE DOLLARS AND TWENTY CENTS ($469.20) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 3 //1-1 It is further expressly understood and agreed that the Grantee shall establish and maintain six (6) trees and six (6) shrubs (the "Buffer") of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the south property line. 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, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. 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 cancel.lation 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. 4 Af.1 'I I 1" , II' ~~".-I--,,----I_,I-lI~ It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Pedro F. Becerra-Cely and Mellessa M. Becerra, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 .!I-1f 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 ,2010, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerkl Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2010, 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 ( SEAL) Notary Registration Number: My Commission Expires: 6 1-1 r ;11 '1'1 ; II! .,..........I~ 1-,1-1-1. ~~ Pedro F. Becerra-Cely ~~ 1!L 3(l~ M~I~;saM. Be;;rra ' STATE OF VIRGINr!tAlM L /~ -efPl'ICOUNTY OF r-' tt'l1 to-wit: .J-L-.- ~regOing instrument as acknowledged before me this I b day of ~,. ' 2009, by Pedro F. Becerra-Cely. "." 'F\'t,'A . I1J/f/ ......"L.<o "f'...:...:,~ I;) -" r~, .~"Q v...~~Q NW~:~.~~~~ _.~ -~. <IIi' /) ~ /? //J i" l?'8 ('. '~, ~tt::L UC- il:'~EAL) S ';~i~;f Notary Public \.:i,o"" ":,.')'GI l\" .:< () :; .,",,. ,,'" ..,.......~,!I!,._~ '\~ ."'h.~.'1.V 1?~ *. --::2~c::;: I f r- ~NQra,~ ~e~lstratlon Number: O~V I.&> \.0 "-P My Commission Expires: /.J-I :J I I-z.c;~ /' 8T A TE OF VIRGI CIT'NCOUNTY 0 , a-wit: The ~ egoing instrument w s acknowledged before me this It.:, ..fl-;ay of #" \ h.~ 2009, by Mellessa M. Becerra. ~~IIIiIJJ .. \' \ Tf>.'A A '01, ...... ~~ ..... '~.() ",/ .',:-' 9,., ..... 0 N,i:~.. '1, ~... .....,~, '''~'tY"., '." ~Y~... ~ tt# :: ,l.. O'~ ...... -:; ::: ":: -(' ..,~>.~ ..~ ~.. :....t ._C':' .., ..,.,. . -.,.- ,~ ::.{:::;A: ....:- :.~ :. *'~-- : .:; ....d., ., '.'.. .. -~O' 'b ..... ... -:, ,'''''.'If":'J'''\r.', ~ I ,),;,. ~ I" .' r. " " J;"" ........ , ,,'v ... ...... ..iI/\{ n~~' ..\; "'!"J';~~m'\y\~egistration Number: lU~ d~ 'Notary Public (SEAL) My Co mmission Expires: AlA APPROVED AS TO CONTENTS ~~ C.~P" SIG URE P /J) RfJ}/ s1Qk DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM C/~_ ~ R. .. rm yer, -- Assistant City Attorney 8 ;f i4 I III 1" THIS PLAN IS BASED ON THE NA VD 1988 DA ruM. THE CITY OF VIRGINIA BEACH CONTROL REFERENCE POINT USED FOR THE SURVEY AND DESIGN OF THIS PLAN IS # 0-013. ORTHOMETRIC HEIGHT: 9.97' PROPOSED BOA TUFT S 65.42' E 94.60' ---- APPROX. MLW -1.2 - . . ~ MHW 1.6' AND ---- r-... TOP OF VERTICAL BANK IPF AT 120.26' c.i -J -Jo I---C'\j klQi...... kl""Ol 0::: f'... 1")f-.,:2...... (OUJol 1-->-2~ 0<:(-, -JQ)8;1") -c(01") ~o"" (OoC',J ......C'\j k"lt:: "'- < .......... 0::: '--' o I.[) ~ ex:> :-r - C'\j UJ eXIS WIv Tllve F. >'Z. Ct: 259.06' TO BLUEBILL DRIVE IPF --=-= I ,~~I -- . EX. RIPRAP - . APPROX:-ML W -= 1.2 PIKE INLET --FLOOD2 EBB -- N/F VIRGINIA BEACH 24.3.3-16- 9.348 (MB. 10.3, PG. 24) C'\j REMOVE 4 .i1 EX. PILES ........ . REMOVE 5' OF TEMP. FENCE - (J) lC) N EX. RIPRAP LOT 64 INST: 20080304000241760 GPIN: 24332616170000 ZONING: 13 - R15 z ......... " ..........() oI NmJ> ~. :::u VlN~ VI-....Jlf)r I~ 0 N\OfTl-l (J) (J) \"D()(Jl 00)> lJ1 :::u VI(Jlr \O-....Jlf) ~o """"z 27.6 ------ 00 ('oJ <ri <ri DECK 13.8 21.0 2-STY FRM ... ON PILES I/) ci FF: 8..3 ;;:; "l # .309 15.9 24.5 DECK 9 <0 DECK 0 21.8 oi ~ , 0< < .' " 'VI ., :E ~ ~ (J) L :::u . ~ . ~ - ,t . ... W/M R== 700' .I., I". '. . L== 120' 36"M/H ORIM 4.75 = , ' I L,"'. TEAL , , " ,<' ' \ CRESCENT (50') PLAN VIEW .30' I I" = .30' 60' I NOTE: A 5' DRAINAGE AND UTILITIES EASEMENT EXISTS ALONG ALL LOT LINES (M.B.103. PG. 24) @ 2009 WATERFRONT CONSULTING. INC. ALL RIGHTS RESERVED. ~ WATERFRONT CONSULTING INC. 1112 JENSEN DRIVE. STE. 206 VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 ENGINEERING SERVICES PROVIDED BY: SEA DESIGN SERVICES, INC. 467-7486 o I EXHIBIT 'A' - ENCROACHMENT REQUEST FOR PEDRO F. BECERRA-CEl Y and MELlESSA M. BECERRA lOT 64, SANDBRIDGE SHORES. SECTION 1-B NORTH 75 PA SBD T1F SSD DISTRICT VIRGINIA BEACH, VA M.B. 10.3 PG. 24 SHEET 1 OF 1 DATE: APRIL 24, 2009 II II I : II' ~"...."i.-~",--I-_I-l~ ~ ~+~ ~ r-- ..... <0 ..... J, "lI M M ~ Ql o gj b iii -0) .Sl 0) Ui o u. la- o ::E N CII 'tl c: Ql ~' 11 u: () ~ tl Ql "e 9:: x o o .... o t-- .... <0 .... I <0 ~ N dl 0) cJ, c: C. C") I!:! o V ~ a: N ~ ~ ~ (3 C) a.: oi a. 1111' I -" ._,._~",~,.,.'"-..~,.,.~~I~ 1-,1"'. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of a Safe Route to School Project for the Newtown Road Corridor Near Bayside Middle School MEETING DATE: January 12, 2010 . Background: The Virginia Department of Transportation (VOOT) administers a Safe Routes to School (SRTS) program that annually awards grants to local governments and school systems to encourage elementary and middle school students to walk or bicycle to school. Such grants can be used for infrastructure (e.g., construction of sidewalks, multi-use paths, crossings) and non- infrastructure/programmatic activities (e.g., development of plans, training). . Considerations: Staff from the City and Virginia Beach Public Schools has developed a plan for a project to include infrastructure improvements for the Newtown Road Corridor between Haygood Road and Diamond Springs Road. The project would serve Bayside Middle School. The estimated project cost is $487,367 in funding for infrastructure improvements with all funds provided by the State. Prior to funding a project, VDOT requires a resolution from the City Council supporting the project, stating who is authorized to enter into agreements on behalf of the City, and acknowledging that SRTS is a locally-administered reimbursement program. . Public Information: Public information will be provided through the Council Agenda process. . Recommendations: Approve the attached resolution. . Attachments: Resolution Recommended Action: Adopt Resolution Submitting DeparbnentlAgency: Parks and Recreation City Manage~ ~ ~l!O1.. 1 A RESOLUTION IN SUPPORT OF A SAFE ROUTES TO 2 SCHOOL PROJECT FOR THE NEWTOWN ROAD 3 CORRIDOR NEAR BAYSIDE MIDDLE SCHOOL 4 5 WHEREAS, the City Council of Virginia Beach recognizes that there is a 6 significant community need for pedestrian safety improvements, especially in the vicinity 7 of schools in order to provide safe access for school children; and 8 9 WHEREAS, the City Council of Virginia Beach supports improving pedestrian 10 access through safety programs and infrastructure improvements; and 11 12 WHEREAS, the Newtown Road Corridor between Haygood Road and Diamond 13 Springs Road, which is near Bayside Middle School (the "Project), would benefit from 14 such pedestrian safety improvements; and 15 16 WHEREAS, the Virginia Department of Transportation (VDOT) through Safe 17 Routes to School or in cooperation with other State departments or agencies, may 18 provide financing for the Project. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 The City Council of Virginia Beach supports a Safe Routes to School program for 24 the Newtown Road corridor, which is near Bayside Middle School; and 25 26 BE IT FURTHER RESOLVED THAT, the City Manager has the authority to enter 27 into a legal agreement with the Virginia Department of Transportation on behalf of the 28 City, such agreement to be approved for legal sufficiency by the City Attorney; and 29 30 BE IT FURTHER RESOLVED THAT, the City Council of Virginia Beach 31 acknowledges the Safe Routes to School program is a locally-administered 32 reimbursement program. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: De~~~creation CA11349 R-2 December 22, 2009 u~ Ci ltomeY' - Office "I '1" . III _~.n".....,,,,._l_.>Mi. 1..1...... " ,~: ~,. ~u" >) " .) '; ") ~, .;.../ """ ",.../ -\.~~# CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting New Leadership for Hampton Roads Transit MEETING DATE: January 12,2009 . Background: Hampton Roads Transit ("HRT") provides vital regional transportation services to the citizens of the Hampton Roads cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach. HRT transports people by bus, ferry, and shuttles and has undertaken a project to bring light rail to our region. Light rail's potential benefits include increased economic development and property values, cost-savings (compared with new road construction costs), environmental improvements, and a better quality of life for area residents. While HRT's current light rail project is based in the City of Norfolk, a Transit Extension Study has been undertaken by HRT to potentially extend light rail into Virginia Beach. When HRT began construction of the current light rail project in October 2007, the budgeted amount was $232 million, and the announced completion date was January 2010. But in December 2008, Hampton Roads residents were advised that the actual cost would be $288 million, and completion would be delayed until October 2010. On December 22, 2009, HRT's Chief Executive Officer informed the public that costs had again risen-this time, to between $326 million to $328 million, with completion delayed until 2011. The following day, the Transportation District Commission of Hampton Roads was informed that the actual cost could be even higher, with the potential of rising to $340 million, or an increase of almost 50% over the original budget. . Considerations: This resolution states that the fiscal mismanagement of the light rail project under the current Chief Executive Officer's leadership makes clear that HRT needs a new chief executive officer. The resolution supports completion of the Transit Extension Study but makes clear that City Council will not move forward with expansion of the light rail project into the City so long as HRT is led by its current Chief Executive Officer. Accordingly, the resolution urges the Transportation District Commission of Hampton Roads to install new leadership so that HRT may be led by a chief executive officer who will restore the confidence of the member localities and our citizens in HRT and its vitally important initiatives . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution Requested by Councilmember Davis Requested by Councilmember Davis 1 A RESOLUTION SUPPORTING NEW 2 LEADERSHIP FOR HAMPTON ROADS 3 TRANSIT 4 5 WHEREAS, Hampton Roads Transit ("HRT") provides vital regional 6 transportation services to the citizens of the Hampton Roads cities of Chesapeake, 7 Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach; and 8 9 WHEREAS, HRT transports people by bus, ferry, and shuttles, and has 10 undertaken a project to bring light rail to our region; and 11 12 WHEREAS, light rail's potential benefits include increased economic 13 development and property values, cost-savings (compared with new road construction 14 costs), environmental improvements, and a better quality of life for area residents; and 15 16 WHEREAS, while HRT's current light rail project is based in the City of Norfolk, a 17 Transit Extension Study has been undertaken by HRT to potentially extend light rail into 18 the City of Virginia Beach; 19 20 WHEREAS, when HRT began construction of the current light rail project in 21 October 2007, the budgeted amount was $232 million, and the announced completion 22 date was January 2010; and 23 24 WHEREAS, in December 2008, Hampton Roads residents were advised that the 25 actual cost would be $288 million, and completion would be delayed until October 2010; 26 and 27 28 WHEREAS, on December 22, 2009, HRT's Chief Executive Officer informed the 29 public that costs had again risen-this time, to between $326 million to $328 million, 30 with completion delayed until 2011 ;and 31 32 WHEREAS, the following day, the Transportation District Commission of 33 Hampton Roads was informed that the actual cost could be even higher, with the 34 potential of rising to $340 million, or an increase of almost 50% over the original budget; 35 and 36 37 WHEREAS, the fiscal mismanagement of this important project under the current 38 Chief Executive Officer's leadership makes clear that HRT needs a new chief executive 39 officer. 40 41 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 ;11 '1'1 . III .~......I~..,~~_.I~ 44 1. That while City Council supports completion of the Transit Extension 45 Study, City Council will not support moving forward with construction and expansion of 46 the light rail project into the City of Virginia Beach so long as HRT is led by its current 47 chief executive officer. 48 49 2. That the City Council urges the Transportation District Commission of 50 Hampton Roads to install new leadership so that HRT may be led by a chief executive 51 officer who will restore the confidence of the member localities and our citizens in HRT 52 and its vitally important initiatives. 53 54 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 55 BEACH, VIRGINIA: 56 57 That the City Clerk is hereby directed to transmit a copy of this resolution to each 58 member of the Transportation District Commission of Hampton Roads and to the 59 Mayors of each member locality. 60 61 Adopted by the City Council of the City of Virginia Beach, Virginia, this 62 day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: lJtf - - It ttorney"S Office . CA11354 R-6 January 6, 2010 ill '1" , II' .. -1.-,.,~-I-4-L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept Funds from the Department of Motor Vehicles to Support Sterilization Programs for Dogs and Cats MEETING DATE: January 12, 2010 . Background: The Department of Motor Vehicles sells the Animal Friendly license plate, which is authorized as a part of its special license plate program. This plate is issued to supporters of dog and cat sterilization programs at a cost of $25.00 per year in addition to the prescribed fee for vehicle registration. After the first 1,000 sets of plates are sold, $15.00 of each fee is made available to the locality in which the vehicle is registered to be used to support sterilization programs for dogs and cats. The Code of Virginia, 946.2-749.2:7, requires these funds support sterilization programs for dogs and cats. The City undertakes a number of measures to support sterilization programs for dogs and cats. The City has a rebate program for animals adopted from the City's facility upon proof of sterilization. The City provides in-kind resources for a pilot sterilization program that utilizes a volunteer veterinarian. Additionally, for the last three years, the City's Operating Budget has provided a grant of $30,000 to the Virginia Beach SPCA in support of services provided to the City's citizens, including sterilization surgeries. . Considerations: Based on collections during Fiscal Year 2009, DMV's records indicate that the City of Virginia Beach is due $7,185 from this program. It is recommended that the City accept $7,185 from the Department of Motor Vehicles and provide these funds to the SPCA to support their sterilization efforts. . Public Information: Public information will be given through the Agenda Process and City Council meetings. . Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlA~~ncy: City Manager City Manage~~ \'- 'Wt- 1 AN ORDINANCE TO ACCEPT FUNDS FROM THE 2 DEPARTMENT OF MOTOR VEHICLES TO SUPPORT 3 STERILIZATION PROGRAMS FOR DOGS AND CATS 4 5 WHEREAS, the Code of Virginia ~ 46.2-749.2:7 requires funds provided to the 6 City from the sale of "Animal Friendly" special license plates shall be paid to support 7 sterilization programs for dogs and cats. 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 1. That $7,185 is hereby accepted from the Virginia Department of Motor 13 Vehicles and appropriated to the FY 2009-10 Operating Budget to provide a contribution 14 to the SPCA. 15 16 2. That estimated revenue from the Virginia Department of Motor Vehicles in 17 the FY 2009-10 Operating Budget is hereby increased by $7,185. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: cI?ikt%ffice - CA11348 R-2 December 22, 2009 III '1" I Iii .....,.......,~- 1_1.....,j. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $47,835 in Fund Balance to the FY 2009-10 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: January 12, 2010 . Background: The Department of Housing and Neighborhood Preservation (DHNP) requests an appropriation of $47,835 from Housing Choice Voucher fund balance to fund an upgrade to the existing software system (including installation and training). With this upgrade, DHNP will better serve over 2,000 participants annually. The upgrade will also enhance financial accountability and processing for this program. . Considerations: These funds are only available for one-time use, so these could not be applied in a sustained way to serve citizens in need. The software will represent a significant improvement of the current one, and represents the standard now used by similar agencies. These funds are available because they were unutilized in a prior year and are restricted to eligible uses within the grant requirements. This is an appropriate use of available, undesignated funds. . Public Information: Public information will be coordinated through the normal Council agenda process. . Recommendation: Approval of the attached ordinance. . Attachments: Ordinance Submitting Department/Agency: e Preservation City Manager:~ k. ~bmt ent of Housing and Neighborhood 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO APPROPRIATE $47,835 IN FUND BALANCE TO THE FY 2009-10 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $47,835 of fund balance from the Federal Section 8 Program Special Revenue Fund is hereby appropriated, with specific fund reserves increased accordingly, to the FY 2009-10 Operating Budget of the Department of Housing and Neighborhood Preservation to upgrade the existing software system, which will enhance financial reporting. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .~ CA11353 R-2 December 29, 2009 ., .' , III '1'1 ; II! ..-.,._-.""~",,,,~-,~~~ I-II....., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Create Capital Project #4-298, Interfacility Traffic Area and Vicinity Master Plan, and to Transfer Funds to This Project MEETING DATE: January 12, 2010 . Background: In October 2009, City Council discussed the need for an Interfacility Traffic Area (ITA) Master Plan Study. The ITA is located between Oceana Naval Air Station and the Fentress Landing Field. Most of the area is between Princess Anne Road to the north and Indian River Road to the south, and some contiguous properties to the ITA including but not limited to Sub-Area 2 and Sub-Area 3 from the Princess Anne Corridor Study, the Municipal Center and some properties south of North Landing Road. . Considerations: The Planning Department, utilizing the Virginia Beach Development Authority's Annual Services' consultant, will guide a planning process, generate an Implementation Plan with guidelines, provide traffic counts, prepare a Traffic Impact Study, provide detailed graphic representation of land uses to include a location for potential sports venues, site designs, greenway and multi-purpose trail connections, architectural elements and an overall vision for the study area. Of the funds to be transferred, the $178,000 from CIP #9-060, Oceana & Interfacility Area Conformity & Acquisition, is remaining from the initial Agricultural Reserve funding transferred in FY 06 by the City Council for property acquisition in the ITA. To provide the remaining funding for this project, funds will be transferred from the General Fund Reserve for Contingencies ($40,000) and CIP #4-055, Open Space Park Development and Maintenance ($10,000). . Public Information: Public information will be handled through the normal Council Agenda public information process. . Recommendations: It is recommended that City Council establish Capital Project #4-298, Interfacility Traffic Area and Vicinity Master Plan, and transfer the $228,000 for the ITA Master Plan Study as set out in the attached ordinance. . Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Planning Department City Manager: ~ /L. De ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO CREATE CAPITAL PROJECT #4-298, INTERFACILlTY TRAFFIC AREA AND VICINITY MASTER PLAN, AND TO TRANSFER FUNDS TO THIS PROJECT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. Capital Project #4-298, Interfacility Traffic Area and Vicinity Master Plan, is hereby established as a project in the FY 2009-10 Capital Budget for the purpose of studying the Interfacility Traffic Area ("ITA")' and developing an ITA Master Plan that utilizes the Virginia Beach Development Authority's Annual Services' consultant; and 2. The following funds are hereby transferred to Capital Project #4-298: a. $178,000 from CIP #9-060, Oceana & Interfacility Traffic Area Conformity & Acquisition; b. $40,000 from the General Fund Reserve for Contingencies; c. $10,000 from CIP #4-055, Open Space Park Development and Maintenance. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2010. day of Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: jJ CdI'~JG .~~ Management Services . T:?/W~ 'cCIty Attorney's Office CA11356 R-3 January 5,2010 III '1" d__ _ 1.-",~.....4- L. PLANNING 1. Application of CLUB DIESEL {CRAIG DEAN)/PROSPERITY BEACH, LLC for Modification of the existing Proffer Agreement (previously approved by City Council on May 9,2006 and April 8, 2008) to allow an outdoor patio, deck and motorcycle parking area at 1375 Oceana Boulevard DISTRICT 6 - BEACH DISTRICT RECOMMENDATION APPROVAL 2. Application of NANTUCKET BY THE BAY, LLC for Modification of existing Proffer Agreement (previously approved by City Council on October 25, 2005 and January 22, 2008) to allow child daycare as well as future site and building design at 3762 Shore Drive DISTRICT 4 - BA YSIDE DISTRICT RECOMMENDATION APPROVAL 3. Application of CHURCH OF THE HOLY FAMILY for Modification of Conditions (previously approved by City Council on December 8, 1998) to allow construction ofa Columbarium at 1279 North Great Neck Road DISTRICT 5 - L YNNHA VEN DISTRICT RECOMMENDATION APPROVAL 4. Application ofTIDEW ATER KOREAN BAPTIST CHURCH for Modification of Conditions (previously approved by City Council on January 13, 1998 and February 13,2007) to add a second story to the church at 301 Overland Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of NEW BEGINNING OUTREACH CHURCH/CHIMNEY HILL CENTER VIRGINIA BEACH, VA, LP for a Conditional Use Permit re a church within an existing shopping center at 945 Chimney Hill Shopping Center, Suite 102 DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 6. Application of HARD CONCRETE CO./MASAG II, LLC for a Conditional Use Permit re a contractor's storage yard at 1528 Centerville Turnpike. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 7. Application ofKLB BUlLDERSILESSEL PARKER for a Change of Zoning District Classification from A-I2 Apartment District to R-5S Residential District re construction of a new single-family dwelling at 1145 Carver Avenue DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 8. Ordinance to AMEND Section 1001 of the City Zoning Ordinance (CZO) re religious uses in the 1-1 and 1-2 Industrial Districts RECOMMENDATION ADOPTION NonCE OF PUBUC HEARING Virginia Beach City Council will meet In the Chamber at. City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, January 12, 2010, at 8:00 p.m. The followinl applications will be heard: SEACHDI8TRICT Diesel (Crall Dean) Application: Modification of Condltl,,:'!s (approved by City Council on May 9, 2006 and April 8, 2008) at 1375 Oceana Boulevard. KLB Bullders/Lessel Parker Application: ChanD of ZonlRll from A-12 Apartment to R-5S Resldentl8l. at 1145 CalVer Avenue. Comprehensive Plan: Prlmary Residential Area. Purpose: construction of stnlle-famlly dwelll,.. BAYSlDE DISTRICT Nantucket By The Bay. L.LC. Application: Modification of Conditions (approved by City Council on October 25, 2005) at 3762 Shont Drive. . L YNNHAVEN DISTRICT Church Of The Holy Family Application: '\1odlflcation of Conditions (approved by City Council on December 8, 1998) at 1279 North Greet Neck Roed. ROSE HALL DISTRICT New Bellnntl'll Outreach Church/Chimney Hili Center Vlrglnle Beach. Va.. L.P. Application: Conditional Use Permit for a church at 945 Chimney Hili Shopplnl Center. Suite 102. CENTERVILLE DISTRICT Hard Concrete Co./MASAG II. LLC Application: Condltlon8l Use Permit for a contractor's storage yard at 1528 Centervllle Tumplke. KEMPSVILLE DISTRICT Tidewater Korean Baptist Church Application: Modification of Conditions (approved by City Council on January 13, 19!)8 and February 13. 2007) at 301 Overland Road. CITY OF VIRGINIA SEACH Ordinance to IIITIef1d SectIon 1001 of the City Zonlna Ordinance pertaining to relllloul uses In the 1-1 andj-2lndustrlal DIstricts. All Interested citizens are Invited to attend. Ruth Hod&es Fraser. MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be ell8mlned In the Department of Plannll'1ll or online at httD:/ /WWW IIbIlov.com/1IC For Information call 385-4621. If you are pItpIc8Iy dIHbIed or vlluallJ '.......... and need assistance at this meetlnl. please call the CITY CLERK'S OFFICE lit 38..301. Beacon Dec. 27. 2009 & Jan. 3, 2010 20907186 ill 'Iii .,.,;.-1-- I -I......... I J i - 47- Item V-L.4. PLANNING ITEM # 57505 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson. City Council APPROVED MODIFICATION of Proffer No. 1 upon application of PROSPERITY BEACH, UC on a Chan~e of Zoning re reconfiguration of the site and increase the square footage of the buildings (approved by City Council on May 9, 2006) ORDINANCE UPON APPLICATION OF PROSPERITY BEACH. L.L.C. FOR A MODIFICATION OF PROFFERS OF A CHANGE OF ZONING APPROVED BY CITY COUNCIL ON MAY 9, 2006. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of Prosperity Beach, L.L.e. for a Modification of Proffers of a Change of Zoning approved by City Council on May 9, 2006. Property is located at 1000 Eaglewood Drive (GPINs 2415581232,' -1120,' -2073; -1209; 2415488215). DISTRICT 6 - BEACH The following condition shall be required: 1. An Agreement encompassing the revised proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of April Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M Henley. Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 8. 2008 A-12 P-l Modification of Conditiom II I :1" ; III _'''~~'''_'':'''"'''''.._''"''"''~"",''''~~~k~~''_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIESEL (CRAIG DEAN) I PROSPERITY BEACH, LLC, Modification of Conditions, previously approved by City Council on May 9, 2006 and April 8, 2008, 1375 Ocean a Boulevard. BEACH DISTRICT MEETING DATE: January 12, 2010 . Background: The site was rezoned on May 9,2006 from AG-2 Agricultural District to Conditional B-2 Community Business District. The Conditional Rezoning is subject to five proffers. The applicant requests modification of the existing proffer agreement for the purpose of installing an outdoor patio and deck with a motorcycle parking area for the patrons of Club Diesel, which occupies the units located at the northeastern end of the commercial center. The currently approved proffered site development plan depicts a drive-through in the subject area. . Considerations: The applicant proposes removal of the drive-through and installation of a deck and parking area for motorcycles in the same area. The patio area will be enclosed with wrought-iron fencing supported by brick and block columns. The proposed modification does not affect the required parking on the site, and adds a parking area for motorcycles. Additionally, the building will be modified to allow roll-up, overhead, glass doors that will permit the patrons to move between the inside of the building and the patio. There was no opposition to the request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered. . Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map DIESEL I PROSPERITY BEACH, LLC Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department CityManager:~~ lL..~~ II I :1" III ,_.~-.......-.....- ' 1_1l1li- 1 December 9, 2009 Public Hearing APPLICANT: DIESEL PROPERTY OWNER: PROSPERITY BEACH, LLC P-I .wW./;(h.dlifm Ill' Currdilil}ll~ STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Chanoe of Zonino approved by the City Council on October 31, 2005 and modified on December 20, 2007 ADDRESS I DESCRIPTION: 1375 Oceana Boulevard GPIN: 24154892730000; 24155811200000. ELECTION DISTRICT: BEACH SITE SIZE: 4.12 acres AICUZ: More than 75 dB DNL SUMMARY OF REQUEST The site was rezoned on May 9, 2006 from AG-2 Agricultural District to Conditional B-2 Community Business District. The Conditional Rezoning is subject to five proffers, which are provided below, The applicant requests modification of the existing proffer agreement for the purpose of installing an outdoor patio I deck and a motorcycle parking area for the patrons of Club Diesel, which occupies the units located at the northeastern end of the commercial center. The currently approved proffered site development plan depicts a drive-through adjacent to the center. The applicant proposes removal of the drive-through and installation of a deck and parking area for motorcycles in the same area. The patio area will be enclosed with wrought-iron fencing supported by brick and block columns. The proposed modification does not affect the required parking on the site, and adds a parking area for motorcycles. Additionally, the building will be modified to allow roll-up, overhead, glass doors that will permit the patrons to move between the inside of the building and the patio. DIESEL / PROSPERITY BEACH Agenda Item 1 Page 1 Proffers from the Original Approval in 2006: PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF OCEANA CROSSING", prepared by MSA, P.C., dated 05/31/05, 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: When the Property is developed, the exterior of the commercial center shown on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Oceana Crossing for Wright Dean Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by Martin & Martin Architecture, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Oceana Crossing Elevations"). PROFFER 3: When the Property is developed, only freestanding monument style sign age may be erected on the Property, constructed with a base matching the material and predominant color of the buildings as depicted on the Oceana Crossing Elevations. All building mounted signage shall be channel letters on a raceway (Le. no block signs) and only the lettering may be illuminated. PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. . PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. On December 20, 2007, the applicant modified Proffer 1, because the site design had to be reconfigured to shift the proposed buildings north and south of an existing 16-inch water line that transverses the site. The actual location of the water line was not determined until field investigations were performed after the 2006 rezoning. The plan was also revised at that time to increase the floor area of the buildings devoted to retail use. The modified proffers are listed below: Proffers from the First Modification in 2007: PROFFER 1: Proffer number 1 in the 2005 Proffers is amended to read: "When the Property is developed, it shall be developed and landscaped substantially as shown on the "LAYOUT PLAN FOR PROSPERITY BEACH RETAIL SHOPPES AT EAGLEWOOD DRIVE AND OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA", prepared by Site Improvement Associates, dated 4/10/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Site Plan"). PROFFER 2: All of the terms, conditions, servitudes and agreements set forth in the 2005 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060519000756440, save an except Proffer #1, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. LAND USE AND ZONING INFORMATION DIESEL / PROSPERITY BEACH Agenda Item 1 Page 2 SURROUNDING LAND USE AND ZONING: North: . Oceana Boulevard and mini-warehouse development / B-2 Business . Across Oceana Boulevard is the United States Navy Commissary / A-12 Apartment . Single-family dwelling and church / AG-2 Agricultural . Eaglewood Drive . Across Eaglewood Drive is a small retail business / AG-2 Agricultural . Single-family residential neighborhood / R-5D Residential South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN fMTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Oceana Boulevard is a four-lane divided minor urban arterial at this location. Oceana Boulevard currently has an approximate width of 76 feet. The Master Transportation Plan depicts an ultimate right-of-way of 100 feet for a divided roadway with a bikeway. There are no plans in the current Capital Improvement Program for Oceana Boulevard. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Oceana Boulevard 33,4 72 ADT 22,800 ADT Existing land Use ~ -4,275 (1,539 Peak Hour) (1,190 Peak Hour) ADT(153 Peak Hour) Proposed land Use 3 - 4,563 ADT (161 Peak Hour) Average Daily Trips 2 as defined by previously approved 35,600 sq. ft. retail and 16 pump gas station with convenience mart 3 as defined bv 42,100 sa. ft. retail and 16 DumD aas station with convenience mart WATER and SEWER: This site is connected to City water and sewer. 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. Lighting should overlap and be uniform throughout the development. A Lighting Plan and / or Photometric Diagram Plan will be submitted during detailed site plan review. SCHOOLS: School populations are not affected by the request. EVALUATION AND RECOMMENDATION DIESEL / PROSPERITY BEACH Agenda Itern 1 Rage 3 Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this site as being within 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 Evaluation: The request to modify the proffer agreement to allow the development of an outdoor seating area for patrons of the restaurant is acceptable, There is an increasing trend in the city's commercial areas, such as the Oceanfront and Town Center, to provide outdoor dining for restaurant patrons. The proposed changes to the site do not affect the required parking, but instead, results in additional parking for motorcycles. Staff finds the request to be reasonable, and therefore recommends approval. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(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," (9107(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: Proffer number 1 in the 2007 Amended Proffers is amended to read: "When the Property is developed, it shall be developed and landscaped substantially as shown in the "2009 REVISED LAYOUT PLAN FOR PROSPERITY BEACH RETAIL SHOPPES AT EAGLEWOOD DRIVE AND OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA", prepared by Site Improvement Associates, dated 10/20/09, 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: When the outdoor patio seating area is added to the northeastern end of Building No. 1 as depicted on the 2009 Revised Site Plan, the fencing, landscaping and exterior facade of the northeastern wall of Building No, 1 shall be substantially similar in appearance to the elevations depicted exhibits entitled "CONCEPTUAL RENDERING / Diesel- Deck Addition", dated 7/30/09, prepared by ionic dezign studios which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Deck Addition Renderings). PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2005 Proffers recorded in the Clerk's Offices of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060519000756440 and the 2007 Amended Proffers recorded in the afore referenced Clerk's Office as Instrument #20080418000445500, save and except Proffer #1, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. DIESEL I PROSPERITY BEACH Agenda Item 1 Page 4 STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 20,2009, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. DIESEL / PROSPERITY BEACH Agenda Item 1 Page 5 AERIAL OF SITE LOCATION DIESEL / PROSPERITY BEACH Agenda Item 1 Page 6 I II ~ , ~ ~~~ ! < j;l :J.~3 I!! ~ t:g~ <- j 12 ."~ ~~~i~ ~ ~ I~ fl i'~ i ~ < ~ j o '" . , o .. o 1 .. ~ \ \~ ,~J. 111" .' ., ~~, ! \. \ (~'/...i '.II! \i . . , . Ii \ 11&... ill '. '..... a PROPOSED SITE PLAN DIESEL / PROSPERITY BEACH Agenda Item 1 Page 7 ~. } ~ -'C:> / ~:\,~; (Q' .. (2 ":""9,~ ._" 'e. ~'c~~T.l. i' ~/, i:A%'E- . ~ -~'" ""-~-~,~.." ;ili%d~m 25 . acol. o 25 50 . fMt 2009-RE\1SED LAYOUT PLAN FOR PROSPERllY BEAOt RETAIL 9<<PPES AT EAllEDI) IlRI\{ All) OCEMA BOULEVARD ~N1A BEAOl, \1RGlNIA SCAlE: 1'-2:1' DAlE: lO/2llJ'll 1HEET1llFl -.: 1 - ~...... . ,....... _...........J1 . ~.._ M,_ PROPOSED SITE PLAN (DETAIL) DIESEL / PROSPERITY BEACH Agenda Item 1 Page 8 I II ,1. r:""'" ,J't I ;fc. .. ,j i , I . . I . w.. l'(t ~ w l:: lI) . <' Z << w o z Hi ;i, ::> Ii: &.I.l U z B l> 1 i i c.&' ~i :So ~J1l f ~ :i! t!) ..t, .Ii J1I M !"-. - z ? -. :) y '" .:-- ~i:~l . ~.. ;;l:: , . !IE ii~!~ . : Ii. :~i;~; PROPOSED PATIO PLAN DIESEL / PROSPERITY BEACH Agenda Item 1 Page 9 o Z ii2 w o z w ex ~ Ii: w ~ o () ~ t5 " j E l l' ~ cl o g !'; +:~ a ~ ~ ~ ll<( 13 . l'f ij -U ~~ 0 CD d\ s: <> Ol1'~ ~ . . 0 -0'" il ~ 0"; z CD c ~ 11 .- ~ l o ; .' r~'~ ;i; .. Hi! 1!; - RENDERING OF PROPOSED PATIO LAYOUT DIESEL / PROSPERITY BEACH Agenda Item 1 Page 10 i ii <' Z ii2 w o Z ~ ~ t w u z o v ~ o i .,. . . "2 I s~ -::1 :So ~1l.... ~U ~~~ o r:i 'I~ "':'SlI: ~ f~ .! z~ ads g ~ ~ "- o . .. o .. .. :; 5 z " . !. .?>u ~i;l~ . ; i;.. =ii;~ · · 151 ;;!i~ .: : ;i; !i~~: RENDERING OF PROPOSED PATIO LAYOUT DIESEL / PROSPERITY BEACH Agenda Item 1 Page 11 o z ~ I.U o Z ~ ~ :;) Ii::: I.U U Z o v J .. o 11 i l ... . 1 5~ o+: a :.o~ ~1I.... is J~ edi> O!,X ..:J~ ~ ~~ .!! ~e 06; 8 a e? 8 ~ li a '" ~ '" ti Z 11 e .. .e _,"'" . El U :;,;: ~' ~ b! ii~ RENDERING OF PROPOSED PATIO LAYOUT DIESEL / PROSPERITY BEACH Agenda IteJin 1 Page 1.2 I II ~ o o z ;;: 0.. ::> d '" C) z ffi o z ~ ~ &: LU o Z o U , d 1l I 1 1 8~ :.;:s ;j~ ~1l< -tS II ~lr~ 1~$ Gl l!z .-I~ ocs" ~ ~ o ~ t; o .. ~ ~ i ~ .=., I ",,- ~; "'c:"- :.,~ ~::~~ .. -:I =.:.1: .: Hu !!iI1 RENDERING OF PROPOSED PATIO LAYOUT DIESEL / PROSPERITY BEACH Agenda Itelill 1 Page 13 Map L-9 Mop Not to Scole A-12 P.l Modification of Conditions 1. 4/8/08 Modifications of Proffers Approved 5/9/06 Rezoning (AG-2 Agricultural to Conditional Approved B-2 Business) and Conditional Use Permit (Gas Pumps in conjunction with a convenience store) 2. 8/26/03 Rezoning (R-5D Residential to Conditional Approved B-2 Business) and Conditional Use Permit (mini-warehouses) 3. 5/9/06 Rezoning (AG-2 Agricultural to Conditional Approved B-2 Business) 4. 5/8/86 Rezoning (AG-2 Agricultural to B-2 Approved Business) ZONING HISTORY DIESEL / PROSPERITY BEACH Agenda Item 1 Page 14 ~ l . ~ c:...:> :...:J ~ ~ c:I:) ~ I I :E-4 . I 52 C> c:...:> ~ C> Z C> I I !< c ~ I . ~ I I ~ C> ~ DISCLOSUR APPLICANT DISCLOSURE If the apphcant is a corporation, partnership, firm, business, or other unincorporated orgamzation, complete the follOWing 1 Ust the applicant name followed by the names of al! officers members, trustees, partners, etc. below: (Atlaelllls! if necessary) jJ/e-'~C: I / ~f,{;l"/ ~t:t../l~~lL1~- C:"0 tt;;t,1 h 2. Ust all businesses that have a parent-subsidiaryl or affiliated business entity? relationship with the applicant: (Attach list if necessary) o 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. Ust the property owner name followed by the names of all officers, members, trustees, partners. etc. below: (Attach list if necessary) '7 :11d ' ! _tl:11J;:;.-u~:'-2!.~r, lfu 2, List all businesses that have a parent-su sldlaryl or affiliated business entity} 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 l :2 & See next page for footnotes Does an offiCial or employee of the City of Virgmia Beach have an interest in the subject land? Yes ~~_ No L- If yes, what IS the name of the official or employee and the nature of their interest? MOOiflChl1ll!1 (If CondrtlOl'!! AppI~n Page 10 Of n Hevi$llt1 7i1liJ7 DISCLOSURE STATEMENT DIESEL I PROSPERITY BEACH Agenda Item 1 Page 15 CLOSURE STATEMENT ADDITIONAL DISCLOSURES list all known contractors or businesses that have or will provHje services with respect to the requested property use, including but not hmlted to the providers of architectural services rea! estate services, financial services accountmg services, and legal ~~rvice~)~~~~.~ist~~:~ t+' Ace I ;+7 ;j-_L'(~~1C_____ ,"'...-"'..., _ J '~ / , ">*, ~, , / 1 {: f'} i (" (,r- r f 5 t 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 Ad, Va Code ~ 22-3101 J "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 buslI'less entity, {iI) a controlling owner in one entity is also a controlling owner in the other entity, or (ili) there IS shared management or control between the business entities Factors that should be con sidered in determining the eXistence of an affiliated business entity relationship indude 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 actlvlltes resources or personnel On a rG9ular basis; or there is otherwise a close workll1g relatJOnshlp between the entities. See State and local Government Conflic! of Interests Act Va. Code ~ 22-3101 CERTIFICATION: 1 certtty that the Informatlon contamed hemin IS true and accurate I understand that upon receipt of notification (postcard) that the apphcatlon has boon scheduled fur publiC hearing. j am responsible for obtaimng and postmy the reqwred 51gn on the subject property at least 3D days prior to the scheduled public heanng according to the InstfUcbons !fl thIS package The underSigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the Slte for purposes of procesSing and evaluatJng thiS applicallon / ""~,;:,, .--+~:>_::..:..~f/."';( i t..^...___._w~____w_w_...___.,_ Appti'cant 5 Sl'gnl'fture ----- Propert)' Owners Signature (if different thi'lH applicant. Mofflficalkm of (;on<111_ ."4Jpik:atoo PllQe 11 01 1\ R.wl5e(l 7 '3/200' z o I t ~ ~ I I t , ,-... ~ CI:::f Z o I t :E-c ~ C~~ C' ':l rT I c:=~ z c:__~ . t ~ C' ':) I . fT I I I Q o =s DISCLOSURE STATEMENT DIESEL I PROSPERITY BEACH Agenda Itelll 1 Page 16 Item # 1 Diesel (Craig Dean) Modification of Conditions 1375 Oceana Boulevard District 6 Beach December 9, 2009 CONSENT Janice Anderson: The next group of items that we are going to address today are those matters that we have placed on our consent agenda. Our Vice Chair, Joe Strange, will handle that matter for us. Joseph Strange: Thank you Jan. Before I get started, let me again tell Gene how much we're going to miss him on the Planning Commission. Gene has never been bashful in stating his case in things he believed in. And, you just don't know how helpful it is when people who are knowledgeable will help you on some ofthese items. So, once again, we're going to miss you very much. Eugene Crabtree: Thank you. Joseph Strange: This afternoon, we have eleven items on the consent agenda. The first matter is agenda item 1. It's an application of Craig Dean (Diesel) for a Modification of Proffers previously approved by City Council on May 9,2006 and April 8, 2008 on property located at 1375 Oceana Boulevard, District 6, at the Beach, with three proffers. Eddie Bourdon: Mr. Strange? Madame Chair? Let me also add, Gene, we're all going to miss you. Thank you for your service. The city is so much better off when people like you who have dedicated so much time to serving. I know you don't get paid for the job. This item, we appreciate being on the consent agenda. We will add a proffer between now and Council that was mentioned in the informal prohibiting the playing of any amplified music on the deck, which is the subject of the application. We appreciate that. Joseph Strange: Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you. The applicant requests a modification ofthe existing proffered agreement for the purpose of installing an outdoor patio and motorcycle parking area for the patrons of Club Diesel. The currently approved proffered site plan depicts a drive-thru adjacent to the center. The applicant proposes to remove this drive-thru, and install a deck and parking area for motorcycles. The area will be enclosed by a wrought iron fencing supported by brick and block columns. Additionally, the building will be modified to allow roll-up overhead glass doors that will permit the patrons to move between the inside of the building and the patio. As the applicant mentioned we will be adding another proffer prohibiting amplified music on the Item # I Diesel (Craig Dean) Page 2 outdoor patio. The Planning Commission felt that this should be placed on the consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chairman, I make a motion to approve agenda item 1. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 1 for consent. I II CITY OF VIRGINIA BEACH ;INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7597 DATE: December 30,2009 FROM: Mark D. Stile:~ B. Kay Wilson DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Diesel The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 12, 2010. I have reviewed the subject proffer agreement, dated October 20, 2009 and have determined it to be tegally sufficient and in proper legal form. A copy of the agreement is attached. l' Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen /' I ; , , 1 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS PROSPERITY BEACH, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia THIS AGREEMENT, made this 20th day of October, 2009, by and between PROSPERITY BEACH, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of two (2) parcels of property located in the Beach District of the City of Virginia Beach, containing 5.9035 acres which are more particularly described as PARCEL A and PARCEL B in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels, which is a resubdivided assemblage offive (5) parcels, are herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously Proffered Covenants, Restrictions and Conditions dated October 31, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20060519000756440 (hereinafter "2005 Proffers") and the previously proffered "FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS" dated December 20, 2007 recorded in the afore referenced Clerk's Office as Instrument #20080418000445500 (hereinafter "2007 Amended Proffers"), to reflect amendments applicable to the land use plan on the Property; and PREPARED BY: ISYKIS. MURDON. GPIN: 2415-48-9273-0000 (PARCEL B) Allum & 1M. P.c. 2415-58-1120-0000 (PARCEL A) 1 PREPARED BY, 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 differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, 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 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 modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number 1 in the 2007 Amended Proffers is amended to read: "When the Property is developed, it shall be developed and landscaped substantially as shown on the "2009 REVISED LAYOUT PLAN FOR PROSPERITY BEACH RETAIL SHOPPES AT EAGLEWOOD DRIVE AND OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA", prepared by Site Improvement Associates, dated 10/20/09, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). H SYJCt:S. ROURDON, AYIRN & lM. P.c. 2 2. When the outdoor patio seating area is added at the northeastern end of Building No.1 as depicted on the 2009 Revised Site Plan, the fencing, landscaping and exterior fa<;ade of the northeastern wall of Building No.1 shall be substantially similar in appearance to the elevations depicted exhibits entitled "CONCEPTUAL RENDERING/Diesel - Deck Addition", dated 07/30/09, prepared by ionic dezign studios which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Deck Addition Renderings"). The playing of amplified music in the outdoor patio seating area shall be prohibited. 3. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2005 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060519000756440 and the 2007 Amended Proffers recorded In the afore referenced Clerk's Office as Instrument #20080418000445500, save and except Proffer #1, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-2 Commercial District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. PREPARED BY: 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 Ordi.nance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a \ I swrs. ROURDON. AIIrnN & u:vv. P.C 3 PREPARED BY, I SYKfS, ROURDON. MIDlli & LEVY. P.c. 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. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance, with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Prosperity Beach, L.L.C., a Virginia limited liability company By: ','--7, ,: (' ;,' .~" ' ( _J- Robert 1<'. Wright, .Managing Member (SEAL) My Commission Expires: Notary Registration No.: STATE OF VIRGINIA CI'IY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this /1,9\.../day of October, 2009, by Robert F. Wright, Managing Member of Prosperity Beach, L.L.C., a Virginia limited liability company, Grantor. -'--, O. "," ,-- /. ()~rfl. !zjUz-_ N ary Public MY COMMISSION EXPIRES fEBURARY 28. 2010 1/(14 I (I fi (1 PREPARED BY: I SYIlfS. ROURDON. , AIIrnN & Lm, P.c. 5 PREPARED BY: Isms. ROURDON. AIIrnN & 1M. P.c. EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land located, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as PARCEL A and PARCEL B, as depicted on that certain plat entitled "RESUBDMSION OF PROPERTY OWNED BY PROSPERI1Y BEACH, L.L.C. VIRGINIA BEACH, VIRGINIA", dated April 7, 2008, prepared by Site Improvements Associates, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20090219000170930. GPIN: 2415-48-9273-0000 PARCELA 2415-58-1120-0000 PARCEL B ModificationtoProffersjProsperityBeach_DieseljProffer 6 I . - 60- Item K.4. ITEM # 57262 PLANNING Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of NANTUCKET BY THE BAY, L.L.C. for the Modification to a Conditional Change of Zoning request (approved by City Council on October 25, 2005 for S & J LLC) ORDINANCE UPON APPLICATION OF NANTUCKET BY THE BAY, L.L.C. FOR THE MODIFICATION OF A REQUEST APPROVED BY CITYCOUNCIL ON OCTOBER 25, 2005 (S&J, L.L.C.). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Nantucket by the Bay, L.L.C. for the modification of a request approved by City Council on October 25, 2005 (S & J, L.L.C.). Property is located at 3762 Shore Drive and 3707 Stratford Road (GPINs 1489387919; 1489396043,' 1489395071). DISTRICT 4 - BAYSIDE. The following condition shall be required: J.An agreement encompassing modified proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record The applicant has added Proffer 7, which notes the "eating and drinking establishment use in the existing building shall not continue beyond June I, 2011. " 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 Twenty-second of January Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S, McC/anan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None M., G-3 N. al1t1lCket b'\l t e a'\l. ~.~N~WJ~\'\' r=\"'1T\ 1fQ-r!l~fI ~ ~;'I~~ t; N' G\~ I. ~ ~ ;.Jf~L'V'li:\..~ifl . A ,~~!l'l!fa" . o[JS1 ~~~~~. "r.;6lV;l' . ,D " ~ "f I _~ q ,., 1>.\ {~(S~ J C!J ~~./ . fIiCIi' ';{Jj ~H 1i · \ "huP OJ C>> ....~ r/fJ .~"'iJ' ':.-~'-I lJt o '.... "G 0 - ~/"~' J ..:," · - ~" - """,' - ~ ~ p;:...~l ..~" JfJ "'- ':l~ &12 ~ u"'. . ~\SD - ~~. ~6 ,,2': ~ ------.- II ~ ~y;,;fJi.j - - If . . '7 _ ~ (:::iiii' BLo t .~~ ~ - (o'i;t1' ~~.. ~ ~rK ~:-~'n~ ~tt~ y ~Dl' 6J~~ ~ ~'" .. If ^ ~ · ~ t:::'.. ~ ~ ''; ;;" ., ~ I ~~ ~- ,4 '!l · j (j. ,_ _---- _' ~ .I ~"~ .. '" '" . '<"'~ ?'" , -If~".... Olll " ""'"'.. 1, . DD) ~ i\ C\.~~v:t ,<," 'illY ~'/f&~""i5 1: _' ; k\~bfIIlJ~ ~rr ~ " 151 ,,""'" ,-m. II ~ . 'q i!J ' .....~ Nt //,';; I,::;' I ~'fI ..... ~ .." ' . h B LLC ModificatiOn of Proffers I i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NANTUCKET BY THE BAY, L.L.C., Modification of Conditions, previously approved by City Council on October 25, 2005, 3762 Shore Drive. BA YSIDE DISTRICT MEETING DATE: January 12,2010 . Background: On October 25, 2005, the site was rezoned from B-2 Community Business District to Conditional B-4 Mixed Use District with a Shore Drive Overlay District and granted a Conditional Use Permit for multi-family dwellings. On January 22, 2008, based on the decline in the market for the development type proffered in 2005, the applicant modified the proffer agreement to allow utilization of the existing building on the site for the following uses: retail shops; florists, gift shops and stationary stores; business studios, offices and clinics; medical and dental offices and clinics: and an eating and drinking establishment not exceeding 2,000 square feet in total floor area, which cannot sell any alcoholic beverages, which cannot have any live entertainment, and which will close daily by no later than 11 :00 p.m. The applicant is now requesting modification of the current proffer agreement for the purpose of allowing a daycare operation in the existing building. The applicant also requests modification of the proffer pertaining to the future site and building design. In summary, the applicant proposed use of the existing building for a daycare operation until such time as the demand for residential dwelling units increases. At that time, the applicant will redevelop the site to construct the mixed-use multi-family and commercial project proposed with this proffer modification. . Considerations: The development proffered in 2005 consists of a mixed-use project with 18 residential condominium units and 2,400 square feet of retail and office space. The parking area and retail space were to be located on the ground floor with condominiums on the second and third floors. The only commercial uses permitted within the building were: retail shops; florists, gift shops and stationary stores; business studios, offices and clinics; and medical and dental offices and clinics. NANTUCKET BY THE BAY Page 2 of 3 The applicant now requests a further modification of the proffers to include child care under the interim uses to be allowed on the site within the existing building. The child care operation will operate Monday through Friday from 6:30 a.m. to 6:00 p.m., and Saturday from 9:00 a.m. to 5:00 p.m. The operation will care for 76 t01 00 children from newborn to 12 years of age. There will be approximately 22 employees. There will be no change to the site or building during this interim use. The proposed future development will consist of six flats and nine townhomes instead of the originally approved three-story building with 18 multi-family units, 2,400 square feet of commercial space, and parking. The submitted exhibit plan for the proposed development depicts six townhomes along Stratford Road, three townhomes along Shore Drive, and a building containing the flats at the intersection to Stratford Road and Shore Drive. The townhomes are three stories in height and the flats building will be two stories in height. The site will have 12 surface parking spaces and the townhomes will have both a double-car driveway and garage. A six-foot high privacy fence with brick columns and landscaping is proposed along Shore Drive and a four-foot high decorative fence with brick columns and landscaping is proposed along Stratford Road. A six-foot high privacy fence is also depicted along the western side of the site. Decorative pergolas define pedestrian entrances to the site from both Shore Drive and Stratford Road. Vehicular entrance to the site will be via a single access from Stratford Road. The request to redesign the site results in the reduction of three residential units and 2,400 square feet of commercial space. There was no opposition to the request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered. . Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department A ~ City Manager:~l, l ~ V 4 December 9, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: NANTUCKET BY THE BAY, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Chanoe of Zonino approved by the City Council on approved by the City Council on October 25,2005 (S & J, L.L.C.) and modified on January 22,2008 ADDRESS I DESCRIPTION: 3762 Shore Drive GPIN: 14893879190000; 14893960430000; 14893950710000 ELECTION DISTRICT: BAYSIDE SITE SIZE: 0,78 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The site was rezoned from B-2 Community Business District to Conditional 8-4 Mixed Use District with a Shore Drive Overlay District and granted a Conditional Use Permit for multi-family dwellings on October 25, 2005. The applicant requests modification of the current proffer agreement to allow a daycare operation in the existing building and to modify the design of the proposed multi-family development on the site. The currently approved and proffered development consists of a mixed-use project with 18 residential condominium units and 2,400 square feet of retail / office space. The parking area and retail space were to be located on the ground floor with condominiums on the second and third floors. The only commercial uses permitted within the building were: retail shops; florists, gift shops and stationary stores; business studios, offices and clinics; and medical and dental offices and clinics. NANTUCKETBY THE SA V, L.L.C. Agenda Item 4 Page 1 On January 22, 2008, based on the decline in the market for the applicant's originally proposed development type, the applicant modified the proffer agreement to utilize the existing building on the site for the following uses: retail shops; florists, gift shops and stationary stores; business studios, offices and clinics; medical and dental offices and clinics: and an eating and drinking establishment not exceeding 2,000 square feet in total floor area, which cannot sell any alcoholic beverages, which cannot have any live entertainment, and which will close daily by no later than 11 :00 p.m. The applicant now requests a further modification of the proffers to include child care under the interim uses to be allowed on the site within the existing building. The applicant is proposing this use for the 'interim,' meaning until the economy improves and the applicant is able to move forward with the proffered development of 15 multi-family dwelling units. The child care operation will operate Monday through Friday from 6:30 a,m. to 6:00 p.m., and Saturday from 9:00 a.m. to 5:00 p.m. The operation will care for 76 t01 00 children from newborn to 12 years of age. There will be approximately 22 employees. There will be no change to the site or building during this interim use. Additionally, the applicant proposes to modify the future site design. The proposed future development will consist of six flats and nine town homes instead of the originally approved three-story building with 18 multi-family units, 2,400 square feet of commercial space, and parking. The submitted exhibit plan for the proposed development depicts six town homes along Stratford Road, three townhomes along Shore Drive, and a building containing the flats at the intersection to Stratford Road and Shore Drive. The town homes are three stories in height and the flats building will be two stories in height. The site will have 12 surface parking spaces and the town homes will have both a double-car driveway and garage. A six- foot high privacy fence with brick columns and landscaping is proposed along Shore Drive and a four-foot high decorative fence with brick columns and landscaping is proposed along Stratford Road. A six-foot high privacy fence is also depicted along the western side of the site. Decorative pergolas define pedestrian entrances to the site from both Shore Drive and Stratford Road. Vehicular entrance to the site will be via a single access from Stratford Road. The request to redesign the site results in the reduction of three residential units and 2,400 square feet of commercial space. Proffer History: The site was rezoned from B-2 Community Business District to Conditional B-4 Mixed Use District with a Shore Drive Overlay District and granted a Conditional Use Permit for multi-family dwellings on October 25,2005. The approved Conditional Rezoning had five proffers: PROFFER 1: When the Property is developed, in order to achieve a coordinated design and development of this mixed use site in terms of limited vehicular access, parking, landscape buffering, and building design, the 'CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF VINTAGE QUAY", dated May 30,2005, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"), shall be substantially adhered to. PROFFER 2: When the Property is developed, vehicular ingress and egress shall be via one (1) entrance from Stratford Road. PROFFER 3: The architectural design of the building depicted on the Concept Plan will be substantially as depicted on the exhibit entitled "VINTAGE QUAY Bishard Development Retnauer Design Associates", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). The principal exterior building materials shall be brick and synthetic shake cedar siding. NANTUCKETBV THE BA V, L.LC. Agenda Item 4 Page 2 PROFFER 4: There will be no more than eighteen (18) residential units and no less 2400 square feet of enclosed commercial space not utilized for residential purposes, within the building depicted on the Concept Plan. The only commercial uses permitted in the building are: a. retail shops; b. florists, gift shops and stationary stores; c. business studios, offices and clinics; and d. medical and dental offices and clinics. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements On January 22, 2008, City Council approved a modification to the 2005 proffer agreement, allowing the applicant to use the existing building for interim uses such as retail and an eating and drinking estabiishment (no alcohol, no live entertainment, and close at 11 :00 p.m.). The approved Modified Conditional Rezoning has eight proffers: PROFFER1: When the Property is redeveloped, in order to achieve a coordinated design and development of this mixed use site in terms of limited vehicular access, parking, landscape buffering, and building design, the 'CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF VINTAGE QUAY", dated May 30,2005, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan") shall be substantially adhered to. PROFFER 2: When the Property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Stratford Road. PROFFER 3: The architectural design of the building depicted on the Concept Plan will be substantially as depicted on the exhibit entitled "VINTAGE QUAY Bishard Development Retnauer Design Associates", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). The principal exterior building materials shall be brick and synthetic shake cedar siding. PROFFER 4: When the property is redeveloped, there will be no more than eighteen (18) residential units and no less than 2400 square feet of enclosed commercial space not utilized for residential purposes, within the building depicted on the Concept Plan. PROFFER 5: Until the Property is redeveloped, if the existing building is to be utilized for any commercial use it shall be renovated, the exterior of the building shall be upgraded with an earth- tone EIFS exterior and landscaping shall be planted substantially in accordance with the "SOUTH ELEVATION FROM SHORE DRIVE I EAST ELEVATION FROM W. STRATFORD RD. INTERSECTION", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Elevation"). PROFFER 6: The only commercial uses permitted in the building are: A. retail shops; b. florists, gift shops and stationary stores; c. business studios, offices and clinics; d. medical and dental offices and clinics: and e. an eating and drinking establishment not exceeding 2000 square feet in total floor area; which cannot sell any alcoholic beverages; which cannot have any live entertainment; and which will close daily by no later than 11 :00 PM. 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 PROFFER 8: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2005 Proffers. NANTUCKETBY THE BA V, L.l.C. Agenda Item 4 Page 3 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant building and parking area SURROUNDING LAND USE AND ZONING: North: East: . Stratford Road . Across Stratford Road is a nonconforming boat repair facility and single-family and duplex dwellings I R-5R Resort Residential . Shore Drive . Across Shore Drive are commercial uses I B-2 Business (SO) . The intersection of Shore Drive, Roanoke Avenue, and Stratford Road . Across the intersection is a boat sales and service facility I B-2 Business (SO) . Interior decorator and dental lab I B-2 Business (SO) South: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is developed with impervious cover. There is very little landscaping on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located between Shore Drive and West Stratford Road at the six-way intersection of Shore Drive with Stratford Road, Roanoke Avenue, and Clipper Bay Drive. This intersection is not signalized, with stop signs on all approaches other than Shore Drive. The site has two driveways on West Stratford Road and one driveway on Shore Drive. The driveway on Shore Drive is approximately 150 feet west of the intersection at a median break for EMS Station #1 Ocean Park, which is across Shore Drive from the site. This median break has no left-turn lanes, signs prohibiting left-turns, and signs for emergency vehicle use only; however, no signs are on site prohibiting left-turns onto Shore Drive via this median opening. An Emergency Vehicle Signal applies to the intersection and the median opening to stop traffic when emergency vehicles leave the station. Shore Drive is a divided four-lane urban major arterial. It has a posted speed limit of 45 miles per hour. On the Master Transportation Plan, it is shown as a divided highway with a bikeway in an ultimate right-of-way 150- foot wide. The Shore Drive Corridor Improvements - Phase IV CIP project will add pedestrian walkways and bikeways along this section of Shore Drive and improve the intersection. Both Roanoke Avenue and West Stratford Road are two-lane local streets. Neither is shown on the Master Transportation Plan, and other than the Shore Drive Corridor Improvements - Phase IV project, which will affect the intersection with Shore Drive, there are no CIP projects on either street. TRAFFIC ENGINEERING COMMENTS: 1. The existing Shore Drive access point is a safety hazard due to its proximity to the Stratford Road / Shore Drive intersection and its substandard length of less than 10 feet. Department of Public Works standards NANTUCKETBY THE BAY, L.L.C. Agenda Item 4 Page 4 require a minimum 30 foot length to the first parking space or drive aisle at commercial entrances. Additionally, this entrance invites illegal and dangerous left-turn movements into and out of the site at the EMS Station median opening. Accordingly, this entrance should be closed, especially if the existing building is to be used as a day care center or other high traffic generator. However, a temporary right-in I right-out entrance 50 feet west on Shore Drive would be permitted until the building is demolished in preparation for future development. 2. The proposed eight on-street parking spaces and right-of-way landscaping on Stratford Road must leave adequate room for minimum 20-foot wide travel lanes for two-way traffic. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Shore Drive 38,100 ADT 27,300 ADT Existing Land Use .<. - 222 ADT Currently Proffered Land Use 3 - 285 ADT Proposed 'Interim' Land Use 4 - 340 ADT Proposed Proffered Land Use5 - 123 ADT Average Daily Trips 2as defined by a 4,300 sq. ft. retail building 3 based on 18 multi-family dwellings and 2,400 sq. ft. retail 4 as defined by 4,300 sq. ft. daycare 5 based on 15 multi-familv dwellinas WATER: The site has an existing 5/8-inch water meter that may be used or upgraded. A 16-inch City water main exists in Shore Drive and a six-inch City water main exists in Stratford Road. SEWER: This site is connected to City sanitary sewer. At the time of redevelopment of the site, the applicant must provide an analysis of Pump Station #306 and the sanitary sewer collection system to ensure future flows can be accommodated. There are eight-inch City gravity sanitary sewer mains in Stratford Road and Shore Drive and an 18-inch HRSD force main in Shore Drive. Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as being a part of the Primary Residential Area - Shore Drive Corridor. The area of the proposed development falls within the "Mixed Zone" as identified in the Shore Drive Corridor Design Guidelines. This portion of Shore Drive possesses a mix of uses, primarily single-family and duplex units, office and commercial uses, NANTUCKETSY THE SAY, L.L.C. Agenda Item 4 Page 5 Evaluation: Staff can support this request except with respect to the entrance on Shore Drive serving the interim use of the day care center. The ultimate plan proffered with the 2008 rezoning, as well as the currently proposed ultimate development plan depicts the entrance on Shore Drive to be closed and access to the site to be provided on Stratford Road. The proposed interim use, however, desires to continue using the existing access point on Shore Drive. The day care center will generate more traffic than the 2008 ultimate development or the currently requested ultimate development. Safety on Shore Drive is a top priority. Traffic Engineering is requesting closure of the existing entrance on Shore Drive due to several safety issues. First, the median break on Shore Drive across from the entrance is designed for Emergency Vehicle Use Only for the Ocean Park Rescue Squad, and does not have left-turn lanes at the median break. As part of the Shore Drive Capital Improvements Program project, the median break will be reconfigured to allow only a left turn from the Ocean Park Rescue Squad building. In the interim, staff is concerned users of the subject site will utilize the median break to access the site, which presents an unsafe situation since there are no left-turn lanes at the median break. Second, the location of the existing building on the site is a traffic safety issue. The building is approximately 30 feet from the entrance on Shore Drive. Due to the position of the building, there is no opportunity for vehicular stacking on the site, resulting in any vehicles waiting to turn out of the site on to Shore Drive to become hazards for on-site vehicular movement. Traffic Engineering Staff is offering a solution in the form of closing the existing entrance and installing an entrance farther west on the site. Planning Staff believes it will be far safer for users of the site if the entrance on Shore Drive is closed and access to the site is only via Stratford Road, This would also provide an opportunity to install a sidewalk on Shore Drive. The applicant appeared before the Bayfront Advisory Committee on November 19, 2009 to present the plans for the ultimate project. There was a consensus on the Committee that the reduction in the mass of the building and density between the 2008 approved project and the current proposal results in a better fit with the surrounding uses. In sum, Staff recommends approval of the proffer modification with regard to the redevelopment of the site. The modification provides a reduction in the density on the site from 18 units to 15 units, as well as the elimination of 2,400 square feet of retail space, without compromising the quality of the building design. The proposed overall site layout adds additional open space. Landscaping, fencing and pergolas add visual relief along the roadways. 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," (S1 07(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 redeveloped, in order to achieve a coordinated design and development of this site in terms of limited vehicular access, parking, landscape buffering, and building design, it shall be substantially in accordance with the "Exhibit of Vintage Quay Stratford Road Virginia Beach, VA," dated 09/30/09, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the NANTUCKETSY THE SAY, L.I....C. Agenda Item 4 Page 6 Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the Property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Stratford Road. PROFFER 3: The architectural design of the buildings depicted on the Concept Plan will be substantially as depicted on the exhibits entitled "SHORE DRIVE - ELEVATION, VINTAGE QUAY CONDOMINIUM, 2-STORY BUILDNG", dated October 1, 2009; "FRONT ELEVATION VINTAGE QUAY CONDOMINIUM, 6-UNIT TOWNHOME BUILDNG", dated October 1, 2009; and "REAR ELEVATION, VINTAGE QUAY CONDOMINIUM, 6-UNIT TOWNHOME BUILDNG", dated October 1, 2009, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The principal building materials shall be hardi-plank and genuine or synthetic cedar shakes siding. PROFFER 4: When the Property is redeveloped, there will be no more than fifteen (15) residential units with thirty (30) onsite parking spaces and nine (9) garages. PROFFER 5: Until the Property is redeveloped, if the existing building is to be utilized for any commercial use it shall be renovated, the exterior of the building shall be upgraded with an earth-tone EIFS exterior and landscaping shall be planted substantially in accordance with the "SOUTH ELEVATION FROM SHORE DRIVE / EAST ELEVATION FROM W. STRATFORD RD. INTERSECTION", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Elevation"). PROFFER 6: The only commercial uses permitted in the building are: a. retail shops; b. florists, gift shops and stationary stores; c. business studios, offices and clinics; d. medical and dental offices and clinics: and e. an eating and drinking establishment not exceeding 2000 square feet in total floor area; which cannot sell any alcoholic beverages; which cannot have any live entertainment; and which will close daily by no later than 11 :00 PM. f. child care PROFFER 7: When the "existing building" is renovated as describe in Proffer 5, if a portion of the building is used for an eating and drinking establishment, as described in Proffer 6 (e), the eating and drinking establishment use in the existing building shall not continue beyond June 1, 2011. PROFFER 8: 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 exact mix of uses and the level of quality of the project. NANTUCKETBY THE SAY, Ll.C. Agenda Item 4 Page 7 The City Attorney's Office has reviewed the proffer agreement dated October 1, 2009, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NANTUCKETBY THE BAY, L.l.C. Agenda Item 4 Page 8 I II AERIAL OF SITE LOCATION NANTUCKETSY THE SAY, L.t.C. Agenda Item 4 Page 9 [. ....-..-~---- -- "" S:i--, ~. J f i >. m ~ a Q) ~ t)O 'i -5 M 0 " ... '\I at: III O+J'l:)lXl .t:CO-E J:I .- ':; 'il i > ~ $ ! 'Il ~ L .;1;( ~~ z~ ~'i' 'in :,f?lt' ; ~ E ~ i j. ~.'. '" . ~'4),. z .~ '..~ ~.'. t ~. *.... ~.'. . '" t . . ~D ~~ih~I' I- l:''< ~ - <Ii~ a1 ~ '.. 4.;",,,, ~, (j.:r'<.'iilllti' ~.>-.-. t H fl,,, <~l L < t,$ ,,'1, ,,~~ \ 1,'1' 4\ ~\l (" 'I'. ~~ dJI Ig !. t -~'">\,. . r " < $ !i ~r / lit. ~1~ t. II ~. '&" ~it , ;d ~".I~;~ ! ~ ~. :.:. . ~ f !. i ~ ~ . ,f t ;nei~J.t:i:'~".' ;~..'H~it ~! i.' t ndt$l't ;I~"~ :Sl;i; t ~ I i .. !oi '~ , . , l(' *'" .; L- ". IIi r!: lIS I~t i:ii 5i~ *' l' . l.< m:. (fir ~ .n '" . Ur ". *_ i 1'< :;~ -; ". .t >. '''. ". j .. '1 E ~ ~ 1~ E · j' . ';'7 U~ ~ .. ,..t-o .., ,~ ~,~~, ,:,.....~ ~ ~~. <. . J.l ~. '~I"~ . ~1:,3~t 11 ~.' d Ji. ,..~ ~ *' ::,,!Ii! _if' s:::'~ ~"j ..'~",.I:".'.'...I ~ .'.,. , . 111 f.1 t ,'n ' i .jl' I ~ jt,l I II, , U 11111 ().. t4,' ~~ )11( t ~ dlif ~ '.' }11l.lj t'l t. l[fJr at #. ~ l ~ ljU.I 1: 4 i .tl.. , PROPOSED SITE PLAN NANTUCKETBV THE SA V, L.L.C. Agenda Item 4 Page 10 I II ji.~ ",'c:~N I!>.-:s ' EllI- e o. 'c"! ~.g ... Qo. 0 !... , ,.: ... ,.......,cO >.~ "0 , 6-: .,'- ~ i.. ;;;Vi TOWNHOME ELEVATION - VIEW FROM PARKING LOT NANTUCKETBY THE BAY, L.l.C. Agenda Item 4 Page 11 CEEC1' .g = = = ....-.-= ~.=.=N 4,/ E E ....' tuQQ.. "C "C QJ 1 c c.c oQQO a:UUtj ." >- to ..fOO ....=- .::: c:J III ... flS4,/O .::: co ~ 1Il,S1- c > l-:z z,..., u,::- ~~ oq"'" =:i.i:~ <.....- ~ :.?,(e,. )..~ I FLATS BUILDING ELEVATION - STRATFORD ROAD VIEW NANTUCKETBV THE BA V, L.L.C. Agenda Item 4 Page 12 CEE~ .2 :I :I Q .... .-.- Q nlCCN >.-.- '. Q.I e e ..: .' i:i:i 00.. ".., > Q.I "C "C ClJ .; ;;.cc..c , ._ 0 0 0 "'UU- e l.I . Q.I ~~ '!i'J.<,":lQ . 0,..,,- , .c.....1n fIl 0 fo~ J!1- C > ~~ ~~ :2~ o5.~ ~~~ :S;?c ~XJ ~ .:? FLA 15 BUILDING ELEVATION - SHORE DRIVE VIEW NANTUCKETBY THE BAY, L.L.C. Agenda Item 4 Page 13 t .t ~l 1'/ .ft' i!:',ifi# r j 11 .. .~ ~ - o c: to ii: ~ Co ~ >- j n:s ~ :J ga.~ >- 'ib ~ ~I\ ~ in IJIJ-U 10 "' !l! a .+-J as i c: .~ U._ "Q 8 > ~ o ~~~ ~ ~~~ " ~ a..~rC ~ ~ ~d:~ .g ~ ~~~ N 5" -If --_ rilVdJ l u l!~'" \J lJ 0: u "C U U5 ]lIllll '9l1l'" i. '3~~ !~~ t n,.i .. i.... 1: 1i~.;.~ al:~l :5 E c c '> "'8:!! . E~:Jo.5~ii: :1, ..~.. -l!~~ ... U'l, c.. ti c.. fill 11 C. ~ ~.g..~ =!~~ :g 8~~ !lIl~ ~ ~: \..i~~ :::..f z J!lU; ,,8 :Jot ='" _-If !l..c' :I .~ .. E': g;' -1"t at .. .5 Sl IP Nll ..... .s 8. !~ .. o 1 U.,;: 'l:;J! .. " .0/ J!l I'll' Q. ~ .( .. ~ II~ ._ ~ r.. lIliiilJ ..,.. '.' .....-'~... ~/\;~ . 3::"0 . Iy'vo~ · i ~ O' i ~. ~ f ~O n~,'~ f1 J. ;;~ : .. . ~ --<::r",," '4V~;~ 1 _~T,~ w > C2 Cl w C! o I tIl I ! ~ 1 "J ~ I : ~ i~ 2 " K oli ~ r if C3 i E HI ~H Hi' W '>< l ~11 :;: L~ !~ 7 cd ~ f' · .tv l' i~ tl n ht L Ii NANTUCKETSY THE SAY, L.L.C. Agenda Item 4 Page 14 I II ~l<' <; ?\ l:j I~ &> 1:11 F ;n .~ oPJ ~ 1~; -' " ?: " t; :.. i';: ~ ~ ~ ~' ~ ~ ., ;; ,~ ~ .- . 4< PREVIOUSLY APPROVED ELEVATION NANTUCKETBY THE BAY, L.L.C. Agenda Item 4 Page 15 Map G-3 }l k b h B LLC MaD Net to Scale antuc et ,,, t e Q1J.. - - ,. ,'--' 1) \ '\. I "'J t:l'll 1~ ~l I'-"~ '/.1 JflE - ~.l!!i" '''1~ ~~tr" 0 EJF.i( 1:,/ ~GJ~ b[J:'\w ' '. - h ~f/;; ," - '18 ),1 ,~'.~:,XJ,~(5;JJl' f;>itJ ,~a ~Pl~~g(5; (tJ ~ YqJ~_ ~>J:~'.(f::)"'''~ ~ 1 0 I 1- I ~ GfJ f!!J/ r ~, z 'B' ~ ~ ,( i>t--Q3 11. II: ~ ~ ~ "/,,"!ill'~" ~ ~ ~, o &"''''"'W~kDH i /, ~ "~ B ~ Y'l-- ~[;:.,..l w, J- ~ t ~~ ~~- " ' SD - l( P)' ~ efJ ~ '<p': ,--::: ----- -n'1Ii1mO ,''_ ~ CDii? ~ - ~ ~I\C ~ c:=> IIr-v).10)~ ~ "~ - ~Sf+-llt5~ "'~~~l.''-DJ ,~~~ ::. ='" ~V<:5 >J,.'r'(l'~) ~'/ } ~tp'~ t-1h2 - r(Ji. 1\~' "'-~ ~""''"~ r ' ~/.<'~ :u 5 - ..", ~.. to ""''''''-..1 ~ ~ ~ ~ ...~ ,. ~ SO) ~ ~\~ ~~~ ~y~~ .~ 6~' r-- Pr'" 4 -~ -'nJ/' ~ ..,! ,. :i. lc:'I,' ~V;. . 3& 0 1 'oJ '-.J '\ID'ol. X '--- 11~~)I '-~I~ ~' ~~~ 16~1~ ~~ z~"l /, '-..:..: '-+1 <.,7dd{ ItrllJ':'it... Modification of Proffers 1. 1/22/08 Modifications of Proffers Approved 10/25/05 Rezoning (B-2 Business to B-4 Mixed Use) Approved and Conditional Use Permit (Multi-family dwellinqs) 2. 9/29/09 Modifications of Conditions Approved 6/8/87 Rezoninq (R-8 Residential to B-2 Business) Approved 3. 7/1/03 Rezoning (B-2 Business to B-4 Mixed Use) Approved and Conditional Use Permit (Multi-family dwellinqs) 4. 7/2/02 Modifications of Conditions Approved 5/9/00 Conditional Use Permit (Boat sales and Approved service) 5. 3/26/91 ChanQe to a Nonconformina Use Denied 6. 4/23/90 Street Closure Approved ZONING HISTORY NANTUCKETSY THE SAY, L.l.C. Agenda Item 4 Page 16 z o I I ~ '-' I I . 1 ~I ~ CJI"::) Z o I I F-c I I Q Z o C :l ~ o Z o I I !< c :) I I ~ I I Q o ~ 11 _ . '__~ DISCLOSURE S 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 aU officers, members, trustees, partners, etc. below (Attacl1 list if necessary) Nantucket by the Bay. L L C . Steven Blshard Managing Member: John Blshard Member: Ken Hunt Member 2 List all businesses that have a parent-subsidiary1 or affiliated business entit,? relationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporabon, partnership, firm busmess, 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, Of other unincorporated organization, complete the following: 1 Ust the property owner name followed by the names of aU officers members, trustees. partners, etc below: (Attach list if necessary) 2. List aH businesses that have a parent-subsidiary' or affihated bUSiness entIty" relationship with the applicant (Attach list if necessary) o Check here if the property owner is NOT a corporation partnership, firm, busmess, Of other unincorporated organization. : next page for footnotes Mcehf'caLcn ct <...;Chdi!;('-nS A,P'p~k".:$~ton 1 0 J ~ ~ 9., t '20)4 NANTUCKETBY THE BAY, L.L.C. Agenda Item 4 Page 17 fA SURE STATEMENT ADDITIONAL DISCLOSURES list all known contractors or busInesses that have or will provIde services with respect to the requested property use, including but not limIted to the providers of architectural services, real estate services, financial services, accounting services and legal services (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. MSA, PC. \ "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 Confhet of Interests Act, Va. Gode S 2,2-3101. 1 "AffHlated 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 controlhng owner m one entity is also a controlling owner in the other entity, or (ili) 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 indude that the same person or substantially the same person own Or manage the two I entities, there are common or commingled funds or assets, the business entltles 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 workmg relationship between the entities. ~ See State and Local Government Conflict of Interests Act, Va. Code S 2.2-3101. CERTIFICATION: I certify that the infonnation contained herein IS true and accurate. I understand that, upon receipt of notification (postcard) that the appllcatton 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 Nantucket by ~he Bay, LLC. ~. ~t~ijcanE S!~~tu;~'~~ .J ,") I {~t './ Sleven Elishard Managing Member . Pnnt Name Property Owner s Signature nfdTfferentthan applicant! Print Name Modd'C:llK)0 01 CoM,l'MS Appi'C<l!i0!1 Page 11 of R~l,dsed g", JDU4 z o I I !< C-' I I J , ~I ~ ~ Z o I I f-I . I ~ ~ C ~ r..... o Z o I . ~ r;;~ I . f'T I J t ~ o ~ NANTUCKETSY THE SA Y, L.L.C. Agenda Item 4 Page 18 Item #4 Nantucket by the Bay, L.L.c. Modification of Conditions 3762 Shore Drive District 4 Bayside December 9, 2009 REGULAR Janice Anderson: Now we'll take up the matters that are left on the agenda. I will ask the Secretary to call the first matter please. Donald Horsley: Thank you Madame Chairman. Gene, I would be remiss if! didn't take my shot at you today. I appreciated the opportunity that I've had to work with you. I was on and then I was off, and then I'm back on here. You're still on here, so I appreciate the opportunity. I appreciate the wit that you have about you, about speaking your mind and letting people know how you feel. That's a very important asset, I think in a person. So, we wish you well and looking forward to seeing you some more. Eugene Crabtree: Thank you Don. Donald Horsley: T he first item on our agenda to be heard today is Item 4, Nantucket by the Bay, L.L.c. An application for Modification of Conditions previously approved by City Council on October 25,2005 on property located at 3762 Shore Drive, District 4, Bayside. Mr. Bourdon? Eddie Bourdon: Mr. Horsley, Madame Chair, again for the record, I'm Eddie Bourdon, a Virginia Beach attorney representing Nantucket by the Bay, L.L.c. Actually, I have a hard time improving on the presentation that your reindeer Ms. Christie provided at the informal session this morning. As far as the issue of sealing off the entrance to Shore Drive with the use of the daycare, that is an absolute agreement. We will do that. We will add that to the proffer. And that will be a temporary use of the property as well. We'll proffer that. It is not going to be a long term situation. It will go through June 2011 and that will go away. We will redo the entire frontage on Shore Drive, which includes as the proffered plan shows a very attractive brick columned fence with heavy landscaping that will grow up. You won't be able to see on the site other than the tops of the buildings, and the building on the comer. The other issue that was brought up was adding brick. And we have provided some new elevations, which we again incorporate into the proffer. The elements that are visible, one is the tower element on the two- story flat building, which is very attractive, I believe. I think staff and the Bayfront Advisory Committee all believe these are attractive elevations. We're adding some brick there as well as other brick accents on the buildings, which I believe Mr. Ripley has begrudgingly agreed has satisfied some of his concerns in that respect. I would point out that the original building was a massive building compared to this, and could not in any way be screened by landscaping to a great degree. These buildings, not they need to be screened, but they won't have anywhere near the visibility that building had. Similarly, Mr. Arnhold's excellent building that is located just to the west of this site, there is no fencing, you see the building. The building is the feature because Item #4 Nantucket by the Bay, L.L.C. Page 2 you basically have a front yard scenario. That again, isn't the situation here with regard to what you will actually see at the time the development occurs. The high quality, again with the hardi- plank and folk cedar siding. With that if you have any questions? Obviously, we agree with the staff s recommendation. We will make these little tweaks in the proffers between now and City Council. Again, to make sure that entrance on Shore Drive is not utilized for the interim use. Janice Anderson: Are there any questions for Mr. Bourdon? Go ahead. Ronald Ripley: I appreciate you making an effort. It is an improvement. I believe you could have done better, but it is an improvement. I wouldn't raised the issue had not the previous proffers indicated that this, and I was involved when it was rezoned, that it would be primarily brick and this synthetic cedar shake look, if you will. So, adding some brick accent to this property is important, I believe, and I think it is an improvement. And I'll be happy to make the motion to approve. Janice Anderson: Thank you Ron. Are there any other comments? David? David Redmond: Before you do, let me just add to that, and that is I agree with Mr. Ripley. I also appreciate and hope you pass on to the applicant his willingness to close that entrance on Shore Drive. We had this debate once before. Some of us were concerned about it then, with the daycare use raises it to another level. I quite understand his reluctant to do curb and all the rest of it twice. I think the solution you reached with staff, I think works all the way around. Obviously safety is paramount where particularly we're dealing with children, so thank you for that. Eddie Bourdon: I would to thank both Faith and Ric Lowman for working with us in terms of dealing with that access issue that Mr. Redmond raised. I think it's a win-win all the way around. Thank you. Janice Anderson: Thank you Mr. Bourdon. Did you have another comment? Ronald Ripley: No. Janice Anderson: Do we have any other speakers? Donald Horsley: No ma'am. Janice Anderson: Okay. Ronald Ripley: A motion to approve. Janice Anderson: We have a motion by Ron Ripley and a second by David Redmond. AYE 11 NAY 0 ABSO ABSENT 0 Item #4 Nantucket by the Bay, L.L.C. Page 3 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Nantucket by the Bay, L.L.C. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7590 DATE: December 30, 2009 FROM: Mark D. Stile~ ;:-.) B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Nantucket by the Bay, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 12, 20100. I have reviewed the subject proffer agreement, dated October 1, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen / :.1.. SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS NANTUCKET BY THE BAY, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of October, 2009, by and between NANTUCKET BY THE BAY, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of three (3) parcels of property located in the Bayside District of the City of Virginia Beach, containing approximately :f: .78 Acres which are more particularly described as Parcels 1, 2 and 3 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered First Amendment to Proffered Covenants, Restrictions and Conditions dated October 30, 2007 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20080125000092850 (hereinafter "2007 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and PREPARED BY: II SYKIS. ROURDON, AlIrnN & llVY. P.c GPIN: 1489-38-7919 1489-39-6043 1489-39-5071 1 PREPARED BY: WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, 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 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 modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, in order to achieve a coordinated design and development of this site in terms of limited vehicular access, parking, landscape buffering, and building design, it shall be substantially in accordance with the "Exhibit Of Vintage Quay Stratford Road Virginia Beach, VA", dated 09/30/09, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Stratford Road. 3. The architectural design of the buildings depicte.d on the Concept Plan will be substantially as depicted on the exhibits entitled "SHORE DRIVE - ELEVATION, Isms. ROURDON. AHIRN & tINY. P.c. 2 PREPARED BY, I SYKIS. ROURDON. AnrnN & LM. P.c. VINTAGE. QUAY CONDOMINIUM, 2-STORY BUILDING", dated October 1, 2009; "STRATFORD ROAD - ELEVATION, VINTAGE QUAY CONDOMINIUM, 2-STORY BUILDING", dated October 1, 2009; "FRONT ELEVATION VINTAGE QUAY CONDOMINIUM, 6-UNITTOWNHOME BUILDING", dated October 1,2009; and "REAR ELEVATION, VINTAGE QUAY CONDOMINIUM, 6-UNIT TOWNHOME BUILDING", dated October 1, 2009, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The principal exterior building materials shall be hardie plank, genuine or synthetic cedar shake siding and brick. 4. When the Property is redeveloped, there will be no more than fifteen (15) residential units with thirty (30) onsite parking spaces and nine (9) garages. 5. Until the Property is redeveloped, if the existing building is to be utilized for any commercial use it shall be renovated, the exterior of the building shall be upgraded with an earth-tone EIFS exterior and landscaping shall be planted substantially in accordance with the "SOUTH ELEVATION FROM SHORE DRIVE / EAST ELEVATION FROM W. STRATFORD RD. INTERSECTION", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Elevation"). 6. The only commercial uses permitted on the Property are: a. retail shops; b. florists, gift shops and stationary stores; c. business studios, office and clinics; d. medical and dental offices and clinics; and e. an eating and drinking establishment not exceeding 2000 square feet in total floor area; which cannot sell any alcoholic beverages; which cannot have any live entertainment; and which will close daily by no later than 11:00 PM; f. child care. 7. If any portion of the existing building is used for child care, the existing access from Shore Drive shall not be utilized. The existing Shore Drive access shall be temporarily barricaded in a manner approved by the Grantee pending redevelopment of the Property. In no event shall the temporary barricade of the access from Shore Drive, in conjunction with the child care use of the Property, continue beyond June 30, 2011. 8. When the "existing building" is renovated as described in proffer 5, if a portion of the building is used for an eating and drinking establishment, as described in 3 proffer 6(e), the eating and drinking establishment use in the existing building shall not continue beyond June 1, 2011. 9. 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. 9. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2007 Proffers. The Grantor further covenants and agrees that: All references hereinabove to the B-4 (SD) District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. PREPARED BY, The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (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 11= SYKIS. ROURDON. AlImN & LM. P.c. 4 PREPARED BY: I SYHS. ROURDON, AlImN &. LID. P.c. conditions be remedied; and (b) to bring legal action or suit to insure compliance vvith 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 ofthe Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Nantucket By The Bay, L.L.C., a Virginia limited liability company By: L \ , (\ \\ ',\- \ . J \ .J ..J.J.).;..li'r-\ ,\>...!}r\.~ !~~) Steven Bishard, Managing Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of October, 2009, by Steven Bishard, Managing Member of Nantucket By The Bay, L.L.C., a Virginia limited liability company. ZI - I .' " 'r. , " x. -7:' - / / I -~\ 1 ., i.' / I. I / /. . / V-/l ;_{/~:) ij"~/':\! / / ~ir!.k-Vj; N otafy Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: II STIIS. ROURDON. AIIrnN & LM. P.c. 6 PREPARED BY: I STIIS, ROURDON. AllrnN & LM. P.c. EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 7, in Block 33, as shown on that certain plat entitled "Plat of Ocean Park, Section B", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 137. GPIN: 1489-38-7919 PARCEL 2: ALL THAT certain lot, piece or parcel ofland, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 6, in Block 33, as shown on that certain plat entitled, "Plat of Ocean Park, Section B", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 137. GPIN: 1489-39-6043 PARCEL 3: ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots 4, 5, 8 and 9, in Block 33, as shown on that certain plat entitled "Plat of Ocean Park, Section B", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 137. GPIN: 1489-39-5071 ModificationtoProffers/N antucketbytheBay / 2oo9/Proffer2_ Clean Rev_1O/23/o9 7 - 42- Item V-J.5. PUBUC HEARING ITEM # 44415 PLANNING Upon motion by Councilman Jones. seconded by Councilman Branch. City Council ADOPTED an Ordinance upon application of CHURCH OF THE HOLY FAMILY, FATHER RICHARD MOONEY, for a Conditional Use Permit: ORDINANCE UPON APPUCATION OF CHURCH OF THE HOLY FAMILY, FATHER RICHARD MOONEY, FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) ROI2982240 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of Church of the Holy Family, Father Richard Mooney, for a Conditional Use Permit for a church (expansion) at the southeast intersection of North Great Neck Road and First Colonial Road. Said parcel is located at 1279 North Great Neck Road and contains 9,629 acres. DISTRICT 5 - LYNNHAVEN. The following conditions shall be required: I. The proposed building must match the materials and architecture of the existing church to the greatest extent possible. 2. All new lightingfor the site must be directed in toward the site and designed and installed so as to prevent glare into the adjacent residential areas to the west and south. 3, The site plan submitted and on file with the Planning Department shall be substantially adhered to. 4. A landscape screen of evergreen trees (a minimum offive to six feet (5'-6? at planting and spaced fifteen feet (iJ? apart (on center). matching the existing species; must be installed along the 140 feet of the West and North property lines. beginning at the Northwest corner of the property. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia. on the Eif!hth of December. Nineteen Hundred and Ninetv-Eiflht. Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III. Margaret L. Eure, William W. Harrison, Jr.. Harold Heischober, Barbara M. Henley, Louis R. 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. 1998 Ma~~ft!-;;~]e Church of the Holv Familv c:Jli;J ~ ~~~II(/~j,~w:o~~ u~.\ \ ,~'V~~fi ;rm I gl ffJ ~ ~~~ \N,~ ~.j\~ ~~ ;;:;, I~ '8i~ \\ ~ ~ ~ '\ '~'"i.1 ; C/' f(j II;D<Vll~ ~ \ Frt~~;~~~'~~~\I, 0 - ~'.t. ~ 'Af ,......j ~^"Il ~ Ico / r9~ r~ti~~ 1\ ~~ ~~a\~~~o~'\'\.~ '~L.. I ~ ~ ~_\ ~),\'~\.,'\1 [~ ~~~ ~;ti~,'~, ~~~~~~~ 1\ ~ ~~ /\.\ (~ 'fo.t' '~~ /Y''!.....'''\ I:!\. \ l=oi ~ ~~'k= ~ . 1!..ra.. 0 ~ X~/~. .~ v ~ ~ ~\to.: ~ ).( 'I j if ~~~tJ..j o) ~./ ~ '\ I ~ l.N M ,,---.; I '" J\ ' I ~~i~ ~! ,- "loIll1\ 'l<l\.~~ l ,~ ,1 ~~ '"" o,:~J,~I~ ~ ~ A~r fJ ~ 1'\---- x ~ T ~~~ ~ l\ ~~ ~ ~ rx !f.. "I~& KO",,~' =:s. ~ -.. 'W ~~ iT' ~~ ~ ,:'''', A '\ \ 'Y ;3(1, · ~'" -.f/ r, I., ~ ~ '(". .; ;"." ~ \7~ 'I: ~ l- ""../ ~ ,}' ~~, .... ~~ ~~6-l\t.Yj - ~ ....;;J. ~ '" ,,, t'. 'Ill iO-~ IJV _ a ~' .7 ~\ t 7~ ~ ~1i1" ~~ ~)R/)f~ ~ > ,~~~:~l\- ~~ ~ l\ ~ r.JJ'f(:-. " J ~~ ~~;;:;;~ iil jIi~) ll.-~ ~ l\:::! \.... "~ '/ / ' 0 ~ v \:-I. '\'\ 51' ;01 ~~ ~"l .f>/ ~ ~ ~ '/H ~ 7~J ~ ~L\'~ ~~[ Modification of Conditions CUP - for Co/umbarium CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHURCH OF THE HOLY FAMilY, Modification of Conditions, previously approved by City Council on December 8,1998,1279 North Great Neck Road. l YNNHAVEN DISTRICT MEETING DATE: January 12, 2010 . Background: The applicant, Church of the Holy Family, requests a Modification of the Conditional Use Permit for the church, most recently approved by the City Council on December 8, 1998. The purpose of the requested modification is to allow the construction of a columbarium on the site. . Considerations: The proposed location of the columbarium is along the eastern wall of the church within an area that will be enclosed with the niche walls and a decorative gate. A maximum of 1,285 columbarium niches are proposed within three separate walls, each approximately eight feet high. The existing church roof will be extended to cover the columbarium area. In addition, benches, plantings, and a walkway are depicted on the submitted plan. The design of the walls will mimic the exterior building materials of the existing church. The columbarium will be for the cremated remains of deceased parishioners and family members. The proposed columbarium is appropriately sited on the parcel and designed to blend with the existing church. The use as proposed and designed is also compatible with the adjacent residential neighborhood as well as the business areas. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council with the following conditions: 1. The development of the columbarium shall substantially conform to the submitted site plan entitled, "Exhibit of Church of the Holy Family", dated September 30,2009 and prepared by MSA, P.C.. Said plans have been CHURCH OF THE HOLY FAMilY Page 2 of 3 exhibited to the Virginia Beach City Council and are on the file in the Virginia Beach Planning Department. 2. The development of the columbarium shall substantially conform to the submitted elevations entitled, "Preliminary Design for: Church of the Holy Family", dated September 28,2009 and prepared by Barnes Design Group. Said plans have been exhibited to the Virginia Beach City Council and are on the file in the Virginia Beach Planning Department. 3. Grading and drainage plans for the columbarium and the drainage area shall be submitted to and approved by the Development Service Center prior to development. 4. All conditions of the Use Permit approved for this site on December 8, 1998 remain in effect. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department If ft ,/'" City Manage~ IL ~W>t. . Vv .~v!odii,c~lJun ot Condition;) 5 December 9, 2009 Public Hearing APPLICANT: CHURCH OF THE HOLY FAMILY PROPERTY OWNER: DIOCESE OF RICHMOND STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit for a church expansion, approved by the City Council on December 8, 1998, for the purpose of constructing a columbarium ADDRESS I DESCRIPTION: 1279 N, Great Neck Road GPIN: 24082625090000 ELECTION DISTRICT: L YNNHAVEN SITE SIZE: 9.7 acre site AICUZ: 65 to 70 dB DNL Sub-Area 3 SUMMARY OF REQUEST The applicant requests a Modification of a Conditional Use Permit approved on December 8, 1998 for the purpose of constructing a columbarium on the site. The columbarium will be for the cremains of deceased Parishioners and family members. A maximum of 1,285 columbarium niches are proposed within three separate walls, each approximately eight feet high. The proposed location of the columbarium is along the eastern wall of the church within an area that will be enclosed with the niche walls and a decorative gate. The existing church roof will be extended to cover the columbarium area. In addition, benches, plantings, and a walkway are depicted on the submitted plan. The design of the walls will mimic the exterior building materials of the existing church. CHURCH OF THE HOLY FAMilY Agenda Itetn 5 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: · Laurel Cove Drive · Single-family homes / R-10 Residential District · Single-family homes / R-10 Residential District · North Great Neck Road · Single-family homes / R-10 Residential District · Retail establishments and funeral home / B-2 Community Business District · Single-family homes / R-10 Residential District There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES There are no significant impacts to City services. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map 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. Evaluation: The proposed columbarium is appropriately sited on the parcel and designed to blend with the existing church. The use as proposed and designed is also compatible with the adjacent residential neighborhood as well as the business areas. CONDITIONS 1. The development of the columbarium shall substantially conform to the submitted site plan entitled, "Exhibit of Church of the Holy Family", dated September 30, 2009 and prepared by MSA, P.C.. Said plans have been exhibited to the Virginia Beach City Council and are on the file in the Virginia Beach Planning Department. CHURCH OF THE HOLY FAMilY Agenda Itep-l 5 Page 2 2. The development of the columbarium shall substantially conform to the submitted elevations entitled, "Preliminary Design for: Church of the Holy Family", dated September 28, 2009 and prepared by Barnes Design Group. Said plans have been exhibited to the Virginia Beach City Council and are on the file in the Virginia Beach Planning Department. 3. Grading and drainage plans for the columbarium and the drainage area shall be submitted to and approved by the Development Service Center prior to development. 4. All conditions of the Use Permit approved for this site on December 8, 1998 remain in effect. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHURCH OF THE HOLY FAMilY Agenda Item 5 Page 3 CHURCH OF THE HOLY FAMILY Agenda ItefP 5 R~ge 4 li p: ~,t,i ""l ~'; , ,ji i 1,;, 1.1[;; i ~'I: {tJ t [ m~i'. ~}f . J; \.11'1.'. ................. .......! n!., it ~.~ /,::.t 'l' '<.J~' ' 4' ()" >;.; ;r, 'l<,~ ,~ :! .{ % 4' F"l .{{ l\ &1 'I III 4., . tJ. , j.. , n ~. ...... ~. l ~.., .,..... "1 f' ""~,, --.'t"-i ~ ... :,' .<. ':"""",,"" .~.-:-:->; , .~~Z'=:;:,. . Z~".~. e- ~.l;. ~ (L, ~..<). ~ (I;. , , it -'l Ih.."~ t '.1. ..t{) ,"~ I ..[; ~ I .-!; ..c 10:"- E res lJ... >- - o J: Q)" J:.i3 ..... .l%, .:JI, '+- ~ Oz ~ ~ ...c ~~ ! ~€ ~ o ::Ji ~ i..c: eo :2 iU' ~.: '" - :> , , j' " .~~'_~~~m,___"'_ ~.. '-'.w__,..... .1'.:......". -J: , t . . , . :; 1 j P L ~, ~ 'I. .j 1:. <,;'1"/.,:,. J f' ,\" , , 4' ff t; Ii. PROPOSED SITE PLAN CHURCH OF THE HOLY FAMILY Agenda Itetn 5 Page 5 RENDERINGS OF PROPOSED COLUMBARIUM CHURCH OF THE HOLY FAMilY Agenda Item 5 Page 6 I II Map J-5 Church of the Holv Family Mao Not to Scale . , eJ1l"V'~1 n;i.':t{) ~ "~A...~ ~:t, .~ Ef:,~ Il~",g ~ rc~! rN,'l(l ~ ,~,;" <B~g. ~\~~ ~ ~ \, '\ ~ S;:/ 1r;~1( fi~ 'mil ~ ~ --\. ~ ~ \\ '" 'ra ib<971t!'~ ~. l!Il 0 2 "AJ~ "~~~0lK 1\), o."'l>n~ . ~A 'X. lr' "...."" _ If. · "'~ 1\ " ~"\. ~J. .~ J.; rh. ;'-, ~~ ~ ~ ~~ ~)')~~ [~. ~,Gw'~ ~5 ~.~ ~--.~~~~\ , ~ ~~... , "~'K ~ ~~~~ ,.. ;:: ~ ~ .' . 0 ')( 1>' ~ ~ '"'10: ..,,\:- \\ ..' 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W>~)i ~I · ~r~ a~~l\ ~ Modification of Conditions CUP - for Co/umbarium # DATE DESCRIPTION ACTION 1 12-8-98 Conditional Use Permit (church addition) Granted 2 9-6-88 Conditional Use Permit (auto repair) Granted ZONING HISTORY CHURCH OF THE HOLY FAMILY Agenda Item 5 Page 7 Z 0> I << ~ (~ I I r.l ~ CI'::) ~ I << H ~ 0> c:...:> ~ 0> ~ I I 5 I I ~ I I ~ 0> ~ I DISCLOSURE STATEME'Nil APPL.ICANT DISCL.OSURE 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 aU officers, members, trustees, partners, etc. below: (Attach list if necessary) Church of the Holy Family - Joseph A. Slatterv - - 2, List all businesses that have a parent~subsldiary1 or afflHated business entity;! relationship with the applicant: (Attach list if necessary) N/A ~ - ---, -, ~._""""""'-''-~'~""",,"' ro 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, Of other unincorporated organization, complete the following: 1 List the property owner name followed by the names of aU officers, members, trustees, partners. etc. below; (Attach list if necessary) Diocese of Rtctunood 7800 Carousel Lane, RIChmond, VA 23294 (804) 359.5661 (8041 :$58.9159 !ax ,..---~""-- BiShop' Most Rev Frands X 0 il..orenzo 2. List all businesses that have a parent-subsidiary I or affiliated busmess entitl relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation I partnership, firm, buslOess, or other unincorporated organization. I 8. 7 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? MoohC"lHUfl nt Cnru:>>tmns ~hon f'lIQ<< 10 Of 11 Re~ 7iSilP DISCLOSURE STATEMENT CHURCH OF THE HOLY FAMJl Y Agenda Item 5 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wtll 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) BB&T Bank. Barnes Design Group, P.C., Barnes Construction Group. LLC. MSA. P C 1 .Parent-subsldiary relationshIp. means '8 relatlonshlp that exists when o'ne corporation directly or mdirectly owns shares possessing more than 50 percent of the votmg power of another corporation. - See State and local Government Confhc! of Interests Act Va Code ~ 2.2-3101. · 'Affiliated business entity relationship" means '8 relationshIp other than parent, subsidiary relationship, that exists when (l) one business entity has a ccntroUmg ownership interest in the other business entity. (ii) a controllmg owner in one entity is also a controlling owner in the other entity, or (Hi) there is shared manage!'Tlent or control between the busmess antllies. Factors that should be considered in determining the eXistence of an affihated 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 enllties 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 entitkls: See State and Local Government Conflict of Interests Act Va, Code ~ 22-3101 CERTIFICATION: I tartffy that the information conlan'led herem III true ami accurate I ul'lderstand that, lIpon receipt of notification (POStcard) that tM apphcation has been scheduled for public nearing, I am responsible for obtalnmg and postinglhe required Illgn On the subject properly at least 30 days poor to the scheduled pubhc hearing accordIng to the Instructions 111 thIS package. The understgnOO also consents to entry upon the subject property by employees of the Department of Planning to photograph and vlBwlhe sile for purposes of processing al1d evaluating thiS apphcatJon. ~ of CondlltOM AppllcaliOn P3gll 11 cll1 R~ 7/3<'2007 ~ I I ~ (~ ::::J !3 ~ ~ I I H 52 o c...;;J J:;I;..t o ~ I I ~ r'i I I J:;I;..t I I c:::a o =s DISCLOSURE STATEMENT CHURCH OF THE HOLY FAMilY Agenda Item 5 Page 9 Item #5 Church of the Holy Family Modification of Conditions 1279 North Great Neck Road District 5 Lynnhaven December 9, 2009 CONSENT Joseph Strange: The next matter is agenda item 5. An application of Church of the Holy Family for a Modification of Conditions previously approved by City Council on December 9, 1998 on property located at 1279 North Great Neck Road, District 5, Lynnhaven, with four conditions. Michael Perry: Good afternoon Chairman and members of the Planning Commission, my name is Michael Perry. I'm a landscape architect with MSA. We appreciate this being on the consent agenda. I would like to recognize in the audience Glenn Rodriguez, who is a member of the church, and also the architect on Design Group. We have reviewed the conditions, and we approved them as stipulated. Thank you. Joseph Strange: Okay. Thank you. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Kathy Katsias to review this item. Kathy Katsias: Good afternoon. Gene, I'm truly going to miss you so, I concur with our fellow Commissioners, and I look forward to seeing you on Bikes and Trails. This is an application, Church of the Holy Family for a modification of their Conditional Use Permit that was granted on December 8, 1998 for the purpose of constructing a columbarium. The applicant requests a modification of a Conditional Use Permit approved December 8, 1998 to construct a columbarium on the site. The columbarium will be for the cremains of deceased Parishioners and family members. A maximum of 1,285 columbarium niches are proposed within three separate walls, each approximately eight feet high. The proposed location of the columbarium is along the eastern wall of the church within an area that will be enclosed with a decorative gate. Staff recommends approval. We concur with staff, and place it on the consent agenda. Joseph Strange: Thank you Kathy. Madame Chairman, I make a motion to approve agenda item 5. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE I II Item #5 Church of the Holy Family Page 2 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 5 for consent. - 46- Item V-L.3. PLANNING ITEM # 56102 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED Conditions 1 and 2 upon application of the TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH (Approved: January 13,1988). ORDINANCE UPON APPLICATION OF TRUSTEES OF TIDEWATER KOREAN BAPTIST CHURCH FOR A MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON JANUARY 13, 1998. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of Trustees of Tidewater Korean Baptist Church for a Modification of Conditions for a request approved by City Council on January 13, 1998. Property is located at 301 Overland Road (GPIN 1467608153). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. All conditions, with the exception of Number 1 and 2, attached to the Conditional Use Permit granted by the City Council on January 13, 1998 remain in afftct. a. Condition Number 1 of the January 13, 1998, Conditional Use Permit is deleted and replaced with the following: Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled "Preliminary Site Plan and Landscape Plan for Building Addition to Tidewater Korean Baptist Church ", dated October 16, 2006, and on file with the Planning Department, b. Condition Number 2 of the January 13, 1998, Conditional Use Permit is deleted and replaced with the following: The building additions shall be constructed in accordance with the two submitted building elevations and perspective rendering entitled, "Front Elevation (Parking Lot), Front Elevation (Overland Road) and Perspective View" and on file with the Planning Department This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of February Two Thousand Seven . February 13,2007 Modjfjcation of Conditions CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIDEWATER KOREAN BAPTIST CHURCH, Modification of Conditions, previously approved by City Council on January 13, 1998 and February 13, 2007, 301 Overland Road. KEMPSVILLE DISTRICT MEETING DATE: January 12,2010 . Background: The applicant, Tidewater Korean Baptist Church, was granted a Conditional Use Permit for a church in 1984. Modifications to the Conditional Use Permit were granted in 1998 and again in 2007. The 2007 modification, which permitted an additional building for a gymnasium, was never implemented. The church has reconsidered those improvements and is now requesting a modification to the 2007 approval. The new proposal is to add a second story to the existing building rather than build another stand-alone building. . Considerations: The total expansion includes a building addition of 19,229 square feet for a total of 32,742 square feet in the building. The plan also provides a drive-through canopy for drop-off and pick-up and an alteration of some of the parking spaces along with the addition of 17 new spaces. There are 350 seats in the sanctuary. With the alteration and addition to the parking areas, the site meets the minimum parking requirement of 104 spaces. In addition to the second floor expansion, alterations to a portion of the interior of the first floor of the existing structure are proposed as well. The first floor will include an auditori~m, offices, classrooms, a children's chapel, restrooms, and a lobby/reception area. The proposed second floor will include additional classrooms and restrooms, a youth lounge, storage spaces, and a cafe/library. The requested modification is not a significant intensification of the use of the property for a church and associated activities. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood. The modifications to the building are architecturally superior to the church's 2007 proposal, and the exterior building materials reflect an overall upgrade to the building. There was no opposition to the request. TIDEWATER KOREAN BAPTIST CHURCH Page 2 of 3 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions of the 1998 and 2007 Modification of Conditions of the Conditional Use Permit are deleted and replaced with the conditions listed below. 2. When the property is developed, it shall be redeveloped and landscaped, including the requirements of condition 4 below, substantially as shown on the exhibit entitled, "PRELIMINARY SITE AND LANDSCAPE PLAN FOR BUILDING ADDITION TO TIDEWATER KOREAN BAPTIST CHURCH, 301 OVERLAND ROAD, VIRGINIA BEACH, VIRGINIA," prepared by Land Design and Development, dated August 24,2009, which has been exhibited to the City Council and is on file in the Planning Department. 3. The building additions and modifications shall be substantially as shown on the exhibits entitled, "Tidewater Korean Baptist Church, Renovation/Addition, Sheets A201, A901, A902," dated July 7,2009, which have been exhibited to the City Council and are on file in the Planning Department. 4. The existing chain link fence along Oakengate Drive shall be removed. Streetscape landscaping, consistent with the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, shall be installed along Oakengate Drive, the length of the parking spaces. 5. No additional freestanding or building signage shall be permitted, other than directional signage. In the event that the existing sign is replaced, it shall not consist of an electronic display, it shall be limited to eight feet in height, and shall be a monument-style sign constructed of building materials that match and/or complement the building. . Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department C~Manager~b l.~~ y 10 December 9, 2009 Public Hearing APPLICANT & PROPERTY OWNER: TIDEWATER KOREAN BAPTIST CHURCH STAFF PLANNER: Carolyn AK Smith REQUEST: Modification of a Conditional Use Permit for a church, most recently approved by the City Council in February of 2007. The church was originally approved in 1984. ADDRESS I DESCRIPTION: 301 Overland Road GPIN: 14676081530000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 2.78 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST Modifications to the Conditional Use Permit for a church were approved in 1998 and again in 2007. The 2007 modification was never implemented. The church has reconsidered those improvements and is now requesting a change to the 2007 approval, which permitted an additional building for a gymnasium. Now, the proposal is to add a second story onto the existing building rather than build another stand-alone building. The total expansion includes a building addition of 19,229 square feet for a total of 32,742 square feet in the building. The plan also provides a drive-through canopy for drop-off and pick-up and an alteration of some of the parking spaces along with the addition of 17 new spaces. There are 350 seats in the sanctuary. With the alteration and addition to the parking areas, the site meets the minimum parking requirement of 104 spaces. In addition to the second floor expansion, alterations to a portion of the interior of the first floor of the existing structure are proposed as well. The first floor will include an auditorium, offices, classrooms, a children's chapel, restrooms, and a lobby/reception area. The proposed second floor will include additional classrooms and restrooms, a youth lounge, storage spaces, and a cafe/library. The proposed TIDEWATER KOREAN BAPTIST Agenda Item 10 Page 1 exterior building materials of the addition include aluminum storefront wallfront with tinted glass and beige smooth cement fiber board panels (HardiPanel). Use Permit History: The original Conditional Use Permit for the church was approved on August 27, 1984. Since that time, two modifications to the Conditional Use Permit permitting the church expansion were approved by the City Council on January 13, 1998 and on February 13, 2007. The conditions of approval are specifically tied to a site layout which the applicant now wishes to change; therefore, another modification with City Council approval is required. The conditions of the 1998 and 2007 modifications are below: January 13, 1998 Conditions: 1. Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled "Preliminary Site Plan for Building Addition to Tidewater Korean Baptist Church", dated October 23, 1997 and on file with the Planning Department, with the following revisions: the 18.5' proposed drive aisle shown on the submitted site plan shall be reduced to a maximum 15' in width; and, the 16 angled parking spaces shall be replaced with parallel parking spaces extending along the length of the drive aisle. 2. The building additions shall be constructed in accordance with the submitted elevations entitled, "Elevations, Addition to Korean Baptist Church of Tidewater" and on file with the Planning Department. 3. Existing vegetation shall remain on the northern, western and southern boundaries of the property. February 13, 2007 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 13, 1998 remain in affect. 2. Condition Number 1 of the January 13, 1998 Conditional Use Permit is deleted and replaced with the following: Building, parking and drive aisle additions shall be constructed in accordance with the submitted site plan entitled "Preliminary Site Plan and Landscape Plan for Building Addition to Tidewater Korean Baptist Church", dated October 16, 2006 and on file with the Planning Department. 3. Condition Number 2 of the January 13, 1998 Conditional Use Permit is deleted and replaced with the following: The building additions shall be constructed in accordance with the two submitted building elevations and perspective rendering entitled, "Front Elevation (Parking Lot),Front Elevation (Overland Road) and Perspective View" and on file with the Planning Department. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church with parking lot SURROUNDING LAND North: · Oakengate Road TIDEWATER KOREAN BAPTIST Agenda Ite"" 1 0 Page 2 South: East: . Single-family homes / R-10 Residential District . Single-family homes / R-10 Residential District . Overland Road . Single-family homes / R-10 Residential District . Single-family homes / R-10 Residential District USE AND ZONING: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. Since the property is developed with a church and parking lot, there do not appear to any significant environmental features on the site. A portion of the building once served as a Mennonite School. IMPACT ON CITY SERVICES TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Overland Road No Data No Data Available Existing Land Use ~- Available Weekday 192 ADT Sunday 772 ADT Proposed Land Use 3 - Weekday 298 ADT Sunday 1,199 ADT Average Daily Trips 2 as defined by existing church 3 as defined bv existinQ plus church addition WATER & SEWER: This site is already connected to City water and sewer. If necessary, the existing one- inch meter may be used or upgraded. A sanitary sewer and pump station analysis may be required. Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION 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. Evaluation: The requested modification does not result in a significant intensification of the use of the property for a church and associated activities. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is compatible with the adjacent residential neighborhood. The TIDEWATER KOREAN BAPrlST Agenda Item 10 Page 3 modifications to the building are architecturally superior to the church's 2007 proposal, and the exterior building materials reflect an overall upgrade to the building. Staff recommends approval subject to the conditions below. CONDITIONS 1. All conditions of the 1998 and 2007 Modification of Conditions of the Conditional Use Permit are deleted and replaced with the conditions listed below. 2. When the property is developed, it shall be redeveloped and landscaped, including the requirements of condition 4 below, substantially as shown on the exhibit entitled, "PRELIMINARY SITE AND LANDSCAPE PLAN FOR BUILDING ADDITION TO TIDEWATER KOREAN BAPTIST CHURCH, 301 OVERLAND ROAD, VIRGINIA BEACH, VIRGINIA," prepared by Land Design and Development, dated August 24, 2009, which has been exhibited to the City Council and is on file in the Planning Department. 3. The building additions and modifications shall be substantially as shown on the exhibits entitled, 'Tidewater Korean Baptist Church, Renovation/Addition, Sheets A201, A901, A902," dated July 7, 2009, which have been exhibited to the City Council and are on file in the Planning Department. 4. The existing chain link fence along Oakengate Drive shall be removed. Streetscape landscaping, consistent with the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, shall be installed along Oakengate Drive, the length of the parking spaces. 5. No additional freestanding or building signage shall be permitted, other than directional signage, In the event that the existing sign is replaced, it shall not consist of an electronic display, it shall be limited to eight feet in height, and shall be a monument-style sign constructed of building materials that match and/or complement the building. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. TIDEWATER KOREAN BAPTIST Agenda Itern 10 Page 4 I II AERIAL OF SITE LOCATION TIDEWATER KOREAN BAPTIST Agenda Item 10 Page 5 ;;'>> ~ , ,; ~ '> , ~ > :i j:l * ~ .. ~ , ,. .. t it .' r , . 4 l: ; ~ ,;, .~,,' ~ ~ ! ~, .' o 1,,'A ;,' tP~ '"'V:i., ~ ;t.. /' :;",,~,. ': "~ ",' ' Hr <, '~ .j:',,< ~ ~ >itQ ~ .. '''''f \ . (< ~~ : ;~.;;"...,:,,! . . . >. .... ./. t"'''lh,' - ,'" ' ',,,.. _" ".'~'" '< ;t&~:;.+ l. . _ ... . . ...~ch,_~~."" ~~ '-'~"-'~,,--,,::.,~~-'~"" ... ~ * <<: ~ t$, "<0:0;:-.4,->>.,. ~--r' ';< > "~ , '*\",~ ~:, l!i !: $:, ,;~, ~ J '1" ,p.. f.. , >.I' ~! II ' ji , 11 ~! ! \ t' ..;* ~ "Y , F "',i !: 11, :!,:!i r,' If; I" ~, it! ,0 , Nt J ,*, .~ t , 2007 APPROVED SITE LAYOUT TIDEWATER KOREAN BAP11ST Agenda Item 10 Page 6 - 1i ::: ;: V"" ';;' """ . if. >' ~ ~ t :; ,'j: <: ii ..;, "- :; ,f' '1 v z o ~, > 9 ~~ w 1-' Z':": O~ Ei:6 IF 2007 APPROVED ELEVATION '...,.......-(.- ~;.'3f :~::~ c.. ~;;; g ~ 3:~2i ~_~~ 8~i< _ << ..,::: c '" ;ZU:;J- !t.t~ i!. ... :::::; 'j, ~ ~,. 1; :;J ~~~~ ~;~:; ~~~~ ;{ ;. ..... ,i, _~; .....-, ~ "\ :? g '" ~ :z c: '" "" TIDEWATER KOREAN BAPTIST Agenda Item 1 0 Page 7 IIll:L-66J{L!;4 :XV0l ug~sL) t&.;st VINQlI/\ ')I'JWIIClli lIl2 3.uns ~ HilN3:l llr'\1 "3RI '.1.IIiIdfmA1I OIlY Il9a am .......- " -.. II~- ~ '. " . ~ ~ ~6 I f! 1!i$ ~ -- ~ ~ ...... "......... llltPR _.___ U'tI\MI! UfIiW 1IflIAO J H H:ltlnH:> llSl1d'I'8 ~ _VMJIOU. Ql. ~ DNllMII"i8 """ V1cJ a.,~SON'l<"l atolv ':'I..&.I!J ..........It"tl:"" I j ~ ~ j :l Ii. I. ; I f ~ fa li:l 12 I · t- ~ jI ~.", 'ell I ji i ~ IllljJ -j2=~il'l · I 11 !!!~.' !~! ~~, I a~- . ~ (N/~ .01:') ~ 'O~ 3NA.,.,... ~ ........-- . ~ ~ .. U !i' ., " ~ci all. a: . .. .... ., 0'" H II:~' ~ . i 'CllI ...'UG_ I CURRENTLY PROPOSED SITE PLAN TIDEWATER KOREAN BAPTIST Agenda Item 10 Page 8 ~.~ ~w ~'.l :l,l"i !:; ~ ~~..l( .... .~ '" e;.I.J g c:; irl~~ u..--OZ,'h w3:w<Ul;i :t....0;.!-1'! O"a;...!E ...:::.... 2:0 ~ ~.~. ci Ill. -'g- :i:;:z :afjm :::>:x:; ~ ~;o Z 1/):5 ""IJI 1:. ~~:::> ffi~i ~.;:~ ~~~ 1-- e:: IE ... ~6~ .~....l W (1)"- $:< ._.;52: o.:!::< 0::S: Z IJI;? .. - WI ~ ?;..f.!l R~ ~~ Q~l-Q-,",C;a; 1-.0:: (j:t. 0:: ~.....I: :;iQ? a;\: 0 (/';-' ;::... WI- l::. Q01:::...... 4. 8 .... ~ ~, . "'ILl (/'; x"'l ... o::zz <( w< .- U-o a:: .. ;;>> 0 ,"I; ,...,0::. Ow 0;> w~' ~ ~o~ ?;-;i?; ;z:~::;. ::!i.... .....0 ....~......I...i -u.:.t ~~ 1i?- 0......; 8.....0. x= x!: O~;.l: . x"'t wiVJ 1,01,,- ::l::.>$ ::Ei.i.Ie W 0"> o !:X: 01- .-i ~, w- W.lC;, ....u ifJ<( !-_ :0 lj)- w$: >- ~ :> l;l; i o ~ <( ill ~ * ~ 0:: o w o <( ~ u.. l- Z o a:: u.. ! ~ w > w > 1= o W 0... en cr:: w 0... CURRENTLY PROPOSED BUILDING ELEVATION TIDEWATER KOREAN BAPTIST Agenda Item 10 Page 9 ~ ~~ ...M (1)5 ir=~.~ . ::. ~ ~ ~ it o /' ~ ~~ 5 \ \ ...J ! .J <( '4! ~ Ii \:I: % ~ ir. :g ~,.. w ::io: t) <( ~o ~~ 0 !'!!a: -~ ->- ~~ !to.. - Iii'" !a~ 8 8~ ...~ ?;iCl ll'iUl ::il- :i3: "..,...~~,.~,~~~ ._---<~"",""""~"<""''-'''' -~~.........-..._-'-- ..."".,-~..~,.~_.---; ~""--- CURRENTLY PROPOSED BUILDING PERSPECtiVE TIDEWATER KOREAN BAPTIST Agenda Item. 1 0 Page 1 0 I II 1 02/13/07 Granted 01/13/98 Granted 03/12/90 Granted 08/27/84 Granted 2 08/27/96 Denied 3 09/26/88 Denied 08/25/86 Denied 4 11/24/86 Granted 08/15/83 Denied ZONING HISTORY TIDEWATER KOREAN BAPTIST Agenda Item 10 Page 11 z c ~ I ( r I ~ c: ~ I ( . , ,-... ~ CI':) z c=~ I I r I I ( ~ z c ~ c: ~ r-r t c=~ z c ~ I I r I ~ C ~ I t r-r . I I ~ c-~ ~ 4'1"\ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation partnership firm. busmess, or other unincorporated organization, complete the following 1. Ust the applicant name followed by the names of OIl! offtcers, members, trustees, partners. etc. below: (Attac!) list if necessary) Tidewater Korean Baptist Church Chung U Chung and Suh G Kim, Directors: Nak H. Cho and Jung H Kim. Chairpersons 2 List all businesses thaI have a parent-subsidiary' or affiliated bUStfl8SS entity=' relationship With the applicant (Attacflltst if necessary) X Check here If the applicanl is NOT a corporation, partnership firm bUSiness, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if properly owner is different from applicant If the property owner is a corporalton. partnership, firm. buslIless, 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 busmesses that have a parent-subSidiary' or affiliated business entity2 relationship With the applicant (Attach list if necessaty) X Check here if the property owner is NOT a corporation partnership firm business, or other unincorporated organization r-'-2'-~"-' S See next page for footnotes {~~ t ~ DISCLOSURE STATEMENT TIDEWATER KOREAN BAPTIST Agenda Item, 10 Page 12 z c--- ~ I . I · ts I r r"" . I r ~ c=~ DISCLoMeosfiff5 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) sykes, Bourdon, Ahern & Levy, P.C. Land Design & Development, Inc. 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 LOf'..a1 Government Conflict of Interests Act, Va. Code S 2.2-3101. :: "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 tnterests Act, Va. Code S 2.2-3101. CERnFICAnON: 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 heanng, 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. ~~~7;:r '0:)2;;:(' ist (:":Oh AP~lica l's S(ciIai-ure ( . )'1(:.'-- t -"..."~- / Property Owner's stgMlu;;;1iTJifmenllhan appIK;;I~li- Pnnt Name Hl,lJ..."\ }J Print Name 8uh Gun Kim I Director Z C:=~ . . I I ~ C. ::1 I . . 1 ~r ~ ~ z c:~ . . I · I I r~ Z c~~ r: :) f7 I c=~ TIDEWATER KOREAN BAPliIST Agenda Iten11 0 Page 13 Item # 10 Tidewater Korean Baptist Church Modification of Conditions 301 Overland Road District 2 Kempsville December 9, 2009 CONSENT Joseph Strange: The next item is agenda item 10. An application of Tidewater Korean Baptist Church for a Modification of Conditions previously approved by City Council January 13, 1998 and February 13, 2007 on property located at 301 Overland Road, District 2, Kempsville, with five conditions. Eddie Bourdon: Thank you Madame Chair. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing Tidewater Korean Baptist Church. A number of the members of the church have come down this aftemoon. We appreciate this item being placed on the consent agenda. All five of the conditions that have been recommended by the staff are acceptable. To answer the question that was asked in the informal it will be a tear down and rebuild. We're not building on top ofthe existing first floor. It will be all new construction. Thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Henry Livas to review this item. Henry Livas: Before I officially speak, I would like to tell Gene that I will really miss him on the Commission. As a young Commissioner four years ago, I learned from you to always visit the sites in your district. Sometimes the van doesn't make all the sites but I could tell that Gene had been there himself. So, I just want to let you know we appreciate it. The Tidewater Korean Baptist Church Modification to the Conditional Use Permit for the church was approved in 1998, and again in 2007. The 2007 modification was never implemented. The church has reconsidered these improvements, and now is requesting a change to the 2007 approval, which permitted an additional building for a gymnasium, and now the proposal is to add a second story on to the existing rather than build another stand alone building. The total expansion includes a building addition of 19,229 square feet for a total of 32,742 square feet in the building. The plan also provides for a drive-thru canopy for drop-off and pick-up and alterations of some of the parking spaces along with the addition of 17 new spaces. There are 350 seats in the sanctuary with the alteration and addition to the parking areas, the site meets the minimum parking requirement of 104 spaces. In addition to the second floor expansion, alterations of a portion of the interior of the first floor of the existing structure are proposed as well. The first floor will include an auditorium, offices, classrooms, a children's chapel, restrooms, and a lobby reception area. The proposed second floor will include additional classrooms, restrooms, a youth lounge, storage spaces and a cafe library. The requested modification does not result in a significant intensification of the use of the property for a church and associated activities. The proposal is in conformance with the Comprehensive Plan's recommendations for this area, and is compatible Item #10 Tidewater Korean Baptist Church Page 2 with the adjacent residential neighborhood. Consequently, we recommend approval of the Conditional Use Permit modification, and we have included this request on our consent agenda. Joseph Strange: Thank you Henry. Madame Chairman, I make a motion to approve agenda item 10. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 10 for consent. Mal' G 8,9 NeW Bel!inninJ1 outrealUrCh ~t~O\O ~ 'JJ~L~ ~ : ~ ; Ud~L~~~...~h-~~. ~I~ · ~~ .~ 1i\~B,J I~ ,('i;: --" ~ ~ ...... \:0: " !'> ~"'" ~ ,_ ~'" . \. __ ~~~.b;"'- I I vAJI/ . 1')' .'-1 · ~ ~ ~ -- '-J' . "~ '" · ~--, > A.. -""" ~ ,,% v '" (. tJtpl f/ r/ 'I lh ~ ~--~~ rJ)4 7oL.I, r..t N ~ (J (/ffi _ r1' V ~ -"'~1I"'2 ~ ~C\., '- ',< ~ " "U.," ~ ~ k -.,-.. '~ " ",'~ ~ .~ > ~ ~_ ~\O '~'7 ~f ,,>>.~ ~~ i ~~.At 9nrrr A ~~~ rH ~ - ,~~ _ ~,,,. ' N-l>L ''I. 'l:'" 'VII L_ -0 ,l}l.-, ~~~rol"UTJQlli'I~I""'mm~~N \l1:J~A ~~ (f .~ .1 T'I" ,""'1<.I"...f1'N ~ ~ 0\\4 ~ --~ cUP tl.eligioUS Use I II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW BEGINNING OUTREACH CHURCH I CHIMNEY HILL CENTER VIRGINIA BEACH, VA., L.P., Conditional Use Permit, church, 945 Chimney Hill Shopping Center, Suite 102. ROSE HALL DISTRICT MEETING DATE: January 12, 2010 . Background: The applicant requests a Conditional Use Permit to operate. a religious facility within an existing shopping center. . Considerations: The applicant intends to hold religious services on Sunday, from 10:00 a.m. to 12:00 noon; Bible study is held on Sunday from 5:30 p.m. to 7:30 p.m., Bible study for young professionals is held on Tuesday from 6:00 p.m. to 7:30 p.m., and Women's Ministry Bible study is held on Tuesday from 7:30 p.m. to 9:00 p.m. Youth services are held on Friday from 6:00 p.m. to 9:00 p.m., and prayer meetings are held on Saturday from 8:00 p.m. to 9:30 p.m. The church has approximately 120 attendees during larger gatherings. No landscaping, parking alterations or exterior building modifications are proposed with the church's use of the shopping center space. The church is compatible with the other commercial uses within the shopping center and will not negatively impact any neighboring properties. The Zoning Ordinance requires 24 parking spaces for a church with 120 seats. There are over 1,000 parking spaces in this commercial center, many of which are not utilized. Even with the addition of the Bingo Hall recently approved for this center, parking is more than adequate for all of the uses in the center. There was no opposition to the request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The number of .individuals attending anyone service shall not exceed 120 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. NEW BEGINNING Page 2 of 2 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department 3. This Conditional Use Permit is valid for three (3) years. . Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:~.) ~ ''oe~ REQUEST: Conditional Use Permit (religious use) ADDRESS I DESCRIPTION: 945 Chimney Hill Shopping Center 6 December 9, 2009 Public Hearing APPLICANT: NEW BEGINNING OUTREACH CHURCH PROPERTY OWNER: CHIMNEY HILL CENTER VIRGINIA BEACH, VA. L.P. STAFF PLANNER: Leslie Bonilla GPIN: 14865422830000 ELECTION DISTRICT: ROSE HALL SITE SIZE: 19.4 acre site 2,500 SF lease area AICUZ: 65 to 70 dB DNL Sub-Area 3 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a religious facility within an existing shopping center. The applicant intends to hold religious services on Sunday, from 10:00 a.m. to 12:00 noon; Bible study is held on Sunday from 5:30 p.m. to 7:30 p.m., Bible study for young professionals is held on Tuesday from 6:00 p.m. to 7:30 p.m., and Women's Ministry Bible study is held on Tuesday from 7:30 p.m. to 9:00 p.m. Youth services are held on Friday from 6:00 p.m. to 9:00 p.m., and prayer meetings are held on Saturday from 8:00 p.m. to 9:30 p,m. The church has approximately 120 attendees during larger gatherings. The submitted site plan indicates over 1,000 parking spaces on the site. No landscaping, parking alterations or exterior building modifications are proposed with the church's use of the shopping center space. NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Shopping Center SURROUNDING LAND USE AND ZONING: North: · Holland Road · Retail shops / B-2 Community Business District · Multi-family dwellings / A-12 Apartment District · Rosemont Road · Retail establishments / B-2 Community Business District · Single-family homes / R-5D Residential Duplex District · Chimney Hill Parkway · Retail establishments / B-2 Community Business District · Office buildings / 0-2 Office District · Multi-family dwellings / A-12 Apartment District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM lCIP): Holland Road is a four-lane divided urban minor arterial. This section of Holland Road is shown on the Master Transportation Plan Map with a 155-foot divided typical section. There are no CIP projects on this segment of Holland Road. Rosemont Road is a four-lane divided urban minor arterial. This section of Rosemont Road is shown on the Master Transportation Plan map with a 100-foot divided typical section containing a bikeway. There are no CIP projects on this segment of Rosemont Road. Chimney Hill Parkway is a two-lane local street. It does not appear on the Master Transportation Plan Map and there are no CIP projects on it. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Holland Road 39,200 ADT 1 22,800 ADT (Level of Existing Land Use "7_ 145 Service "D") weekday ADT; S. Rosemont Road 21,900 ADT 22,800 ADT' (Level of 51 Sunda}' ADT Service "0") Proposed Land Use 3 - 23 Chimney Hill Unknown 9,900 ADT 1 (Level of weekday ADT; 202 Sunday Parkwav Service "D") ADT 1 Average Daily Trips 2 as defined by 2,500 square foot unit of a retail center 3as defined by a 2.500 sauare foot church NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 2 WATER AND SEWER: The site is already connected to water and sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area as part of 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: The church is compatible with the other commercial uses within the shopping center and will not negatively impact any neighboring properties. The Zoning Ordinance requires 24 parking spaces for a church with 120 seats. There are over 1,000 parking spaces in this commercial center, many of which are not utilized. Even with the addition of a Bingo Hall, which was recently approved for this center, Staff finds that parking is more than adequate for all of the uses in the center. CONDITIONS 1. The number of individuals attending anyone service shall not exceed 120 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department 3. This Conditional Use Permit is valid for three (3) years. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NEW BEGINNING OUTREACH CHURCH Agenda Itefn 6 Rage 3 AERIAL OF SITE LOCATION NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 4 I II ,'r , _---,.. A\fY\)JMW ~J1JH A3NJo\ffi.J3 r - - --~f;- _ _ _ _ ~ I 'Ul, _7"" J " / /. ./ I'. /. f I Q::: I ~< e-. ~ I, ZO ~t:l=: · U> " poJa " ~5 , x~ I )-tt:O I ~< /. ~~ // .....= OS < 5 ~ } t' L. ~ ~ N ---- .....,----- - ..----.--- , . , ~ I '" " ,. . I l) I { I > I ~ )- ") -- J ", '" 1- ... .- ..... I ..... _ ... __ J r -J I ., I ~ I 1 ~ I )- I ~ I 5 I ~ ~--_.... -- ..... -- - - ~--""':'-'..... Q ~ c: Q 1 I ~ ~ SITE LAYOUT SHOWING LOCATION OF UNIT FOR CHURCH NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 5 PHOTOGRAPH OF UNIT PROPOSED FOR CHURCH NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 6 ~o ~~ ~ :~~le NeW.Bel! mnUtreac~,.J;hUTCh :-- ~\ '{~l\tll l:,-"", ~ Tn' !:M!f!lt ~~ ~ ~ _ ~"-'il~311 ~ '~.s. ~I 1"1 (~~[ r\ "J ~ '(ft!~' I ~ --y~ i \ ~~ V ~ _ II;~..... ~. _ ;.. -- ~'- ~ ~ .. ~ .'L :'IC:~ ~ , '.1' ~ ~ {j ~' ~ ~;~: ~ ,~j ~ t~ ~ J ~ t'O ~ ~ ~ (/ ~j ~ ~ !~ ~~~ ~J12 ~ ~ ~ . ~ ~ ~;~~ ~~ ~/ ./ N ~ ~ ~ ~ '" '.... ~A\ ~ '/ ~ ~~ ~~ r U 't\." "" ~ ~ ~ ~ (fIflhJ '" ~ ~ ~~~~~~~. 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"- (UP Nt>/igiolls Use # DATE DESCRIPTION ACTION 1 11-10-09 Conditional Use Permit (bingo hall) Granted 11-25-03 Conditional Use Permit (communications tower) Granted 2 7-5-00 Conditional Use Permit (motor vehicle sales, rental Granted & small enQine repair) 3 6-10-03 Conditional Use Permit (automated car wash) Granted 2-25-03 Conditional Use Permit (qasoline sales) Granted 4 9-23-96 Conditional Use Permit (automotive repair) Granted 5 1-13-98 Conditional Use Permit (Housina for the aaed) Granted 6 11-11-95 Conditional Use Permit (gasoline sales with Granted convenience store and car wash) 7 11-9-04 Modification of Conditions Granted 1-9-96 Conditional Use Permit (bulk storaae) Granted 8 11-1 0-92 Conditional Use Permit (church) Granted 9 9-8-98 Zoning Change (A-12 to R-5S) Granted 10 10-17-95 Zoning Change (A-18 to R-5R) Granted 11 4-8-08 Modification of Conditions Granted ZONING HISTORY NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 7 - , DISCLOSURE STATEMENT J NA "Y fif Check here if the applicant Is NOT a corporation, partnership. flrm, business. or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if prtJpeIty owner is different from applicant. If the property owner is a corporation, partnershIp, finn, busll'le$S, or other unincorporated organization, complete !he fcIlow1ng: 1. List the property OWl'ler name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) filltrltJlf'1 Ul..... ~ V,UdN,A ~J "". L.P. _ /JR ~e:b) 2. Ust all businesses that have a parent-subsldlaryt or affiliated business entltyZ relationship with the applicant (Attach fist if necessery) t-J./p.. a Check here if the property owner Is Nor a corporation, partnership, firm. business, or other unincorporated organization. 1 " Z See next page for footnotes Does an offlcial or employee of the City of Virginia Beach have an interest In the subject land? Yes _ No .L If yes, what Is the name of the official or employee and the nature of their interest? CllnclIllIlnIIllJae PefmlI Apcllblloo r>ao-llllftO Rl\'fted 1fJI2f::D7 c_~ I ..of 5 ~ ~ h ~ f;~ ~ CI:J ;::::.> ~ o I I F-c J . ~ o u DISCLOSURE STATEMENT NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 8 ~ I I ~ U I I ~ ,:L.c ea E--t ~ ~ ,:L.c ~ CI':J ;:::J ~ o I I E--t I I ~ o u DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES list all known 'COntractors or businesses that have Of will provide services with respect to the requested property use. including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent-substdiary relationship' means ~a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act, Va Code ~ 2.2-3101. 2 "Affiliated bUSiness entity relatlonshlp~ means "a relatlOnshtp, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling 0Wf'leI'$h1p Interest in the other business entity, (ii) a controlling owner in one entlty is also a controlling owner in the other entity, or (Iii) there is shared management or control between the busmess 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 Othefwl5e share activities, resouroes or personnet 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 S 2.2.3101. CERTIFICATION: J certify that the mfom'lsttoo contained herein IS true and oocurate. I understand that upon receipt of notificattoo (postcard) that ttw application has been scheduled for public hearing, I am responsible for obtaining and posting thE! reqUIred SIgn Of! the subject pr(ll)erty at least 30 days pOOt to .thEI. sdlOOuled 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 photog~ph and VIeW the SIte for purposes of processing and evaluating tillS apphcatlor1 , .~ GracI u A Hllo PnntN~ .. VA .L,P. AlilJl Ripley t lre;.L), (If Sture I ~iI..~' u..1"f>I... v \L<r\'" 'A ~"c.+l .~ t;ss,gnature (if dtfferent than awlicant) ----.....-...." ..olldlllMlli Use Plml1I! ~,{!Il Page 10 o! H) R~ 7i3f./OO'" DISCLOSURE STATEMENT NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 9 Jordan Raines From: Sent: To: Subject: Shen P\ckenng Monaay August 24 2009 4 46 PM Jordan Raines Chimney Hill Center ownershp Owner of the shoPPinG center is Chimney Hm Center Virginia Besclo Va. umited Partnersni:J Federal Tax ID #16-1541270 It is a Delaware Urmled Partnerslllp registered to do b"s:ness II V"9,nls Limited Partner IS. Malcolm Glazer The limited partner owns 99% of the limited partnership General Partner iSI Virginia Beach Cenler Corpora ton Federal Tax tD # 16-1541269 It IS a Delaware Corporation registered to do business In Virginia The general partner owns 1 iX, of the limited partnership Officers/Directors ot V'rqmia Beach Cent~r Corr~!.@.tyon ill!?, Malcolm Glazer is PreSident Secretary. Treasure' & Sole Director WilHam Sonder'cker IS Vice PreSident & Ass;stant Secretary Please let me know if there is anything eise ym, ooeo Shen Pickering. First Allied Corporatmn 270 Commerce Drive Rochester. New York 14623-3506 (5851359-3000 ext 145 (585) 359-4690 Fa~ s!llckerin!=l(il)(i rstalllii'dyorp. cOCQ DISCLAIMER: This communication. along with any documellls mes or attac':ments is Intenoed or.l; for t!ie use of the addressee and may contain legaHy priVileged and confidential Information !f fOU are not the "'Iended reCipient you are hereby notified that any review. d'ssemlnatlon, dil;tnOtitlon or COPYiflg of any informat:on cont<l:rieO In Of attacned to thiS communication is strictly prohibited If you have received thiS message In enDr please nOlify the sende' lmmedlateivand destroy the anginal comrnw1icatiol1 and its attachments Without reading pnnt,ng or saving any manner Th,s communication does not form any contractuai obligation on behall of the sentier or the sender's employer or th.., employer's parent company, aftihates or Subsldlanes. NEW BEGINNING OUTREACH CHURCH Agenda Item 6 Page 10 Item #6 New Beginning Outreach Church Conditional Use Permit 945 Chimney Hill Shopping Center, Suite 102 District 3 Rose Hall December 9, 2009 CONSENT Joseph Strange: The next matter is agenda item 6. An application of New Beginnings Outreach Church for a Conditional Use Permit for a church on property located at 945 Chimney Hill Shopping Center, Suite 102, District 3, Rose Hall, with three conditions. Pastor Grace Milo: My name is Grace Milo, Senior Pastor of New Beginning Outreach Church. I've known the conditions and I agree with them. Thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Dave Redmond to review this item. I'm sorry. Gene Crabtree. Eugene Crabtree: Thank you Joe. The applicant requests a Conditional Use Permit to operate a religious facility within an existing shopping center. The shopping center has about 1,000 parking spaces; so, parking is not a matter in this area whatsoever. There is plenty of parking for not only the church but also any of the other businesses in the area. The church plans to have approximately 120 attendees in the church. They will have services on Sunday. They will have some services on Tuesday, Friday and Saturday. A couple of those days they will have multiple services but it should not interfere with any ofthe goings on of the shopping center whatsoever. This complies with the Comprehensive Plan. It is a primary residential area. It should not conflict with any of the neighborhood whatsoever or the other businesses. So, therefore, we have put it on the consent agenda. Joseph Strange: Okay. Thank you Gene. Madame Chairman, I make a motion to approve agenda item 6. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. Ronald Ripley: Madame Chair? Janice Anderson: Yes. Item #6 New Beginning Outreach Church Page 2 Ronald Ripley: I would like to disclose that I have an ownership interest in property that is near item 6. Janice Anderson: Will you be abstaining from this item? Ronald Ripley: I will not be abstaining. There is no conflict, I don't believe. I just wanted to submit it on the record. Janice Anderson: Okay. Thank you. Is there any other? AYE 11 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent. R-50 cUP _ contraClor'S Slorage Yard CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HARD CONCRETE CO. I MASAG II, LLC, Conditional Use Permit, contractor's storage yard, 1528 Centerville Turnpike. CENTERVILLE DISTRICT MEETING DATE: January 12, 2010 . Background: The applicant requests a Conditional Use Permit for a contractor's storage yard. This property has been zoned 1-1 Light Industrial District for many years, being used for a variety of light industrial uses, and has coexisted well with the adjacent residential area. The applicant manufactures concrete fence panels, caps, and posts. Retail sales do not occur on this site, as the product is created as-needed based on contracts. According to the application, there are up to 10 employees. The small existing 864 square foot building on the site serves as the business office. . Considerations: The property is adjacent to single-family dwellings along the rear property line. Most of those residential properties have existing privacy fencing. The subject site is enclosed by chain-link fencing along the south side adjacent to an existing mini-storage facility, along the rear property line adjacent to the residential area, and along a portion of the site frontage adjacent to Centerville Turnpike. The site plan indicates the replacement of the chain-link fence along Centerville Turnpike with a solid privacy fence. Uses such as a bulk storage yard always have the potential to detract from the existing community and to adversely impact the quality of life of adjacent residents. Staff, therefore, felt it was important to recommend conditions sensitive to the residential area while enabling a business to operate on industrially zoned property. The site is currently unsightly; thus, conditions to improve the screening and buffering are recommended below. In addition, in order for the storage area surface treatment to remain gravel, as desired by the applicant, a waiver from the Building Official's Office will be required. There was no opposition to the request. HARD CONCRETE Page 2 of 3 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The contractor's storage yard shall be screened from the right-of-way with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, along the length of the fence adjacent to Centerville Turnpike. Chain link fence shall not be permitted to meet this requirement. 2. A solid, six-foot high privacy fence shall be installed along the rear property line where such fence does not exist. As per Section 272 (b), when screening is required on a lot and where that lot abuts an existing hedge, wall or other durable landscape barrier on an abutting property, the existing structure or hedge may be used to satisfy the screening requirements of this section, provided that the existing structure meets the minimum standards set forth in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia. The burden to provide the necessary screening remains with the use to be screened, in this case the contractor's storage yard, and is a continuing obligation which runs with the land so long as the original relationship exists. 3. No barbed wire, razor wire or electrified fences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property. Where barbed or razor wire currently exists, it shall be removed. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 5. The hours of operation shall be limited to 8:00 a.m. to dusk, Monday through Saturday. 6. The contractor's storage yard shall be limited to materials and equipment related to the existing concrete operation. No storage of inoperable motor vehicles or nonrelated materials or vehicles shall be permitted. 7. Any freestanding sign shall be monument style, not of electronic display (LED) type, and limited to eight feet in height. 8. A plan shall be submitted to the Current Planning Division of the Planning Department with the applicable items listed above within 30 days of approval by City Council. HARD CONCRETE Page 3 of 3 9. Storage of equipment or materials on trailers or platforms shall be prohibited. 10. The parking lot shall be restriped. 11. The trim of the building shall be painted. The exterior of the building shall be maintained at all times. . Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ;1 V City Manage~~ lL. - ~ V CUP. Contractor's Slorcl{Je Yard REQUEST: Conditional Use Permit (contractor's storage yard) ADDRESS I DESCRIPTION: 1528 Centerville Turnpike GPIN: 14557552840000 ELECTION DISTRICT: CENTERVILLE SITE SIZE: 35,876 square feet AICUZ: Less than 65 dB DNL 9 December 9, 2009 Public Hearing APPLICANT: HARD CONCRETE CO., INC. PROPERTY OWNER: MASAG II, L.L.C. STAFF PLANNER: Carolyn A.K. Smith SUMMARY OF REQUEST The applicant requests a Conditional Use Permit on this industrially zoned property for a contractor's storage yard. The applicant manufactures concrete fence panels, caps, and posts. Retail sales do not occur on this site, as the product is created based on contracts. According to the application, there are up to 10 employees. The small existing 864 square foot building on the site serves as the business office. The property is adjacent to single-family dwellings along the rear property line. Most of those residential properties have existing privacy fencing. The subject site is enclosed by chain-link fencing along the south side adjacent to an existing mini-storage facility, along the rear property line adjacent to the residential area, and along a portion of the site frontage adjacent to Centerville Turnpike. The site plan indicates the replacement of the chain-link fence along Centerville Turnpike with a solid privacy fence. LAND USE AND ZONING INFORMATION SURROUNDING LAND EXISTING LAND USE: Small building and yard of compacted gravel being used for a concrete business North: . Vacant lot and single-family dwellings I R-5D Residential HARD CONCRETE CO., INC. / MASAG II, lLC Agenda Item 9 Page 1 South: East: West: District . Mini-storage facility / 1-1 Industrial District . Single-family dwellings / R-5D Residential District . Centerville Turnpike . Church, single-family dwellings / R-5D Residential District USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. There do not appear to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPl / CAPITAL IMPROVEMENT PROGRAM (CIP): Centerville Turnpike in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The MTP proposes a divided facility with bikeway and scenic buffer within a 150-foot right-of-way. Currently, this segment of roadway is functioning over capacity at a Level Of Service (LOS) F. A roadway CIP project is proposed for this segment of roadway. Centerville Turnpike - Phase II (CIP 2-005) is for construction of a four-lane divided highway within a 145-foot wide right-of-way from Indian River Road to Kempsville Road. The project will also include full improvements along Centerville Turnpike at the Indian River Road and Kempsville Road intersections. Currently, this project is on the "Requested But Not Funded" Project Listing. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Centerville 21,260 ADT 13,600 ADT (Level of Existing Land Use ~ - 19 Turnpike Service "C") - 16,200 ADT ADT 1 (Level of Service Proposed Land Use 3 - 34 "E") ADT Average Daily Trips 2 as defined by a typical light industrial, manufacturing use 3 as defined by the addition of outdoor storaoe with 10 emplovees WATER & SEWER: This site must connect to City water and sanitary sewer. Pump station #454, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of pump station #454 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: HARD CONCRETE CO., INC. / MASAG II, LLC Agenda Item 9 Page 2 The Comprehensive Plan recognizes this area as being within the Primary Residential Area. 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: This property has been zoned 1-1 Light Industrial District for many years, being used for a variety of light industrial uses, and has coexisted well with the adjacent residential area, Uses such as a bulk storage yard, however, always have the potential to detract from the existing community and to adversely impact the quality of life of adjacent residents. Staff, therefore, felt it was important to recommend conditions sensitive to the residents while enabling a business to operate on industrially zoned property. The site is currently unsightly and conditions to improve the screening and buffering are recommended below. In addition, in order for the storage area surface treatment to remain gravel, a waiver from the Building Official's Office will be required. CONDITIONS 1 . The contractor's storage yard shall be screened from the right-of-way with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, along the length of the fence adjacent to Centerville Turnpike. Chain link fence shall not be permitted to meet this requirement. 2. A solid, six-foot high privacy fence shall be installed along the rear property line where such fence does not exist. As per Section 272 (b), when screening is required on a lot and where that lot abuts an existing hedge, wall or other durable landscape barrier on an abutting property, the existing structure or hedge may be used to satisfy the screening requirements of this section, provided that the existing structure meets the minimum standards set forth in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia. The burden to provide the necessary screening remains with the use to be screened, in this case the contractor's storage yard, and is a continuing obligation which runs with the land so long as the original relationship exists. 3. No barbed wire, razor wire or electrified fences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property. Where barbed or razor wire currently exists, it shall be removed. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 5. The hours of operation shall be limited to 8:00 a.m. to dusk, Monday through Saturday. 6. The contractor's storage yard shall be limited to materials and equipment related to the existing concrete operation. No storage of inoperable motor vehicles or nonrelated materials or vehicles shall be permitted. 7. Any freestanding sign shall be monument style, not of electronic display (LED) type, and limited to eight feet in height. HARD CONCRETE CO., INC. / MASAG II, LLC Agenda Item 9 Page 3 8. A plan shall be submitted to the Current Planning Division of the Planning Department with the applicable items listed above within 30 days of approval by City Council. 9. Storage of equipment or materials on trailers or platforms shall be prohibited. 10. The parking lot shall be restriped. 11. The trim of the building shall be painted, The exterior of the building shall be maintained at all times. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HARD CONCRETE CO., INC. I MASAG II, LLC Agenda Item 9 Page 4 AERIAL OF SITE LOCATION HARD CONCRETE CO., INC. I MASAG II, LLC Agenda Item 9 Page 5 i Ii I , 1 I J . ~ ! .4 " PARliN~~ 1 !/r:~~f ___ __1- Ha) (CG( - . . W. E. WOOD. Jr. 1 et 01 , M.8. 2a. P. I ) ( o.e. 2S4, P.555 I )..' : tl i I <:11 '" ctl .I.. " ::::) .... -......... E , - I . , j ~ I i 1 . / __6 I I I '" I \.: '0 t , :'1 I h W. E. WOOD.. Jr. ,ef 01 '., 'M. 8. 2S, ,.. I l . . c. us. 25'4. P.559') '" ~e. . Go.} /:. C. . . ~ ... . ~ .. .' I\\'-V . ,. ~S'\i., .t.~~tI-: . TOPoGRAPHICAl.. . . 'P(.AT' '. . .\ OF PURRTY OF '-"! Wolter .....1=: Gi..l.c h':r:i st. : EXISTING SITE LAYOUT HARD CONCRETE CO., INC. / MASAG II, lLC Agenda Item 9 Page 6 ~ . </" f- -( f\C'j Y1( . ~ v . r ---6 W. E. WOOD. Jr. . 81 0\ t ",,8.23, p, I) t O.t. 254, '.lIS. 1 t 1 C , --"e \ I \ \ I \ \ \ \----. - ", f ., ., ~ ~- \. l ~ ., %\ '" \\ , ".,. ~ . . . "t 'Ol>"~c. . , .l. . . Wpl:ter ~"F.Gilchr:ist ._ ': . : ..t.:K~Mp$VtlJ..E eQROUGK. . lOPoGAAPHICAI.. . . pl.~T . ;. t:# Pl'I4P€tt'\'Y Of .' \ FENC\NG LAYOUT - HARD CONCRETE CO., INC. I MASAG II, LLC Agenda item 9 Page 7 R-5D CUP - ConLracLor's SLorage Yard 1 07/12/05 MOD of Conditions (church) Granted 08/25/98 CUP (church & daycare & school) Granted 2 11/14/95 CUP (church) Granted ZONING HISTORY HARD CONCRETE CO., INC. I MASAG lI,tLe Agenda Item 9 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business. or other unIncorporated organizatJon, compl~te 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 1 or affiliated business entity" relationship with the applicant (Attach list if necessary) o Check here Ifthe applicant is NOT a corporation. partnership firm, business or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete thiS section only if properly owner is different from applicant. If the property owner is a corporation. partnership, firm, business, or other unincorporated orgamzation, complete the following: 1. Ust the property owner name followed by the names of al/ officers, members trustees, partners. etc. below: (Attach list if necessary) 2 List all businesses that have a parent-subsidiary 1 or affiliated business entity? 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 1 & 2 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 __~ !f yes, what IS the name of the offiCial or employee and the nature of their interest? Grn><lttlQnal Use Perm'! ....pp(l('~ltK".' Paq€> 9 01 1 il R#v.w4 7i:JjZl'iii z o I I ~ t...::' I I I , ,...,. ~ E-c ~ B3 ~ CI':J ~ ~ CO I t [ . I I c::=a Z o c: ::1 HARD CONCRETE CO., INC. /MASAG II, I...LC Agenda Item 9 Page 9 Z 0' 1 I !< u . II J ~ r=tl ~ f--4 ~ ~ ,.,.. ~ ~ ~ o I I ~ ~ o u DISCLOSURE $TATEMEN AODJ1'JCNAf- DlSCt..OSURES Ustall knawn ~ ~ b~1hat ~orwm ~~ce1 wi1t'1 ~ to 'the requested prapeyty use. ~ bt.-t notlimlte:d m1he ~ of ar~l services. mar es1a1e~. rmencialset\rice" .~~. and.1 servlC6S: (AUadtIisi if~) - '~ ~p"1T'IIl'Bfl$ "ir ~~ ltate~wbatene ~ difectty orirt:fndJy ClWmJsberas po~ ~thE'tn SD~ 'Of me votlf1Q powerofanotl\ercor~.' S. S1Clde and &...oem Gcws~ Conflict or i~ Act Va Code Ii 2.2-3101. ;!..~ ~en1IY ~II means "'a rririonshlp. atl'Ier tIVm parent~ ~etY ~ip. Umt~isbi when (lj CIne ~ entity flts$3 ~ ~t'$hip in~inU1e 0IhPr~ entity. (i) a~OWJIIlII' in erne entity ...alSO a ~ . (1M'stJf&\ ~ odW __, or (il) th9tf: is &iI'tasea I'ftllil8gl!mM1 or oontrd ~ 1h& bulinaG ~. .~ hltshould U cansld8red in c.a.....,~ininglhe ~ of W\ aftIJ.JA(l busfr1DH .... ~ irI..;lft.ldt:'" 'the.-me ~ Q( sutl$tar.liaffy the ~e f,)l'ftIlOn 0iltII'l or managefbGtwo enliaes;1her&..- ~arcom~f~ ar~ 1hc ~ entities:ihtn'tne l,IS$of the saMa~ Of emptoyees or ~_&Nn actMtlel. ~ or petSQmte1 on It ffl9'IIat baSiS; or there is c:ihelwise a dosIe WOI'Idng.relattanship ~en die t:mtitia." &0 acme a;d Local GowI"r.l":"t8f'ttConfliot ofl~ ,t\C;t, Va. Code i 2.2-3101. 0t!R1lfJ(;A11ON; I CCIriify fr.at the lrlft.,. trllSlitll'l.~ Mclmin i$1tW IIil1d ..,ra l~lQ_ upO/'l~Clf~.~ fhII\1nesppiiCation...baf.m~ for ptIblic~ 1 am ~l1r~ and~tl$~*,t:lfl~~F_ftl. ~30 _priortor.e~ ~ ~ ~\1h.g'.I:JthB ~ in tIit ~_. '1"lle ~. .... .~. ..fI)Cl\lry~U'W~~bJ'~<<thO.~of ~~=yJ~t"lt'Si.rfor~ef~~ar:dev~-~. ! . 'At J' , .f~":-I{f t~"~c~ ~~,L~l~-'-.C 1lf:::. ..a ~ W'/U..r~~alCh~rJ"'-' ~~~1f.ft ~~NQmr: ~Ilf"""'"","nll.~ ~1(llil11ll ~ ?,'1."2et7 DISCLOS.URE STATEMENT HARD CONCRETE CO., INC. / MASAG II, lLC Agenda Item 9 Page 10 Item #9 Hard Concrete Co. Conditional Use Permit 1528 Centerville Turnpike District 1 Centerville December 9,2009 CONSENT Joseph Strange: The next item is agenda item 9. An application of Hard Concrete Company for a Conditional Use Permit for a contractor's storage yard on property located at 1528 Centerville Turnpike, District 1, Centerville, with eleven conditions. Janice Anderson: Welcome. Gary McLemore: My name is Gary McLemore with Hard Concrete, and I agree to all the items listed. Joseph Strange: Alright. Thank you, especially for the other three conditions we put on there. Okay? Gary McLemore: My pleasure. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Ron Ripley to review this item. Ronald Ripley: Gene, I too want to thank you and enjoyed serving with you. You've been a really great guy to work with. Eugene Crabtree: Thank you. Ronald Ripley: Thank you so much. This is a Conditional Use Permit for a contractor's storage yard on Centerville Turnpike. It is triangular shaped piece of land and has been used for this for years. It is not in the best of conditions, and the applicant has come in to make some changes, and so the staff thought it was a good opportunity to improve the conditions of this property. So, basically what has been added here are some conditions where the buffers along the road have been improved, the buffers from the residential going to the back have been improved, with some landscaping having been put in, and generally speaking, some conditions relative to lighting, and hours of operation, and avoiding any kind of non operating vehicles being stored. This has been there for a long time. It is a better opportunity to create a better condition between the industrial of this property and the adjacent residential. We felt that it was an item that should be placed on the consent agenda. It was recommended by staff for approval, so we did. Joseph Strange: Thank you Ron. Madame Chairman, I make a motion to approve agenda item 9. Item #9 Hard Concrete Co. Page 2 Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 9 for consent. Map L-6 Mop Not to Scole RT-3 082 Zoning Change from A-12 to R-55 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KLB BUILDERS I LESSEL PARKER, Change of Zoning, A-12 Apartment to R-5S Residential, 1145 Carver Avenue. BEACH DISTRICT MEETING DATE: January 12,2010 . Background: The applicant proposes to rezone the existing A-12 property to R-5S to rebuild one single-family dwelling. The applicant originally submitted an application for an alteration and enlargement for a non-conforming use - a single-family dwelling located in an A-12 Apartment District. Single-family dwellings are not permitted in Apartment zoning districts. The applicant was intending to retain some of the existing structure for the purpose of altering and adding to it. As part of the process of evaluating the applicant's request, however, Staff visited the site and discovered there was no structure. The contractor had demolished the entire structure down to the footings based on the deterioration of the existing dwelling. Unfortunately, without a structure, there could be no application for a non-conforming use, as the nonconformity had been removed. The applicant, therefore, was advised to file a rezoning application to a Residential zoning category, which will allow a new single-family dwelling to be constructed on the site. . Considerations: Since there are already several parcels zoned R-5S Residential District on Carver Avenue, including immediately to the east, and such zoning is consistent with the lot pattern in this neighborhood, the R-5S Residential District was recommended to the applicant. The footprint of the applicant's proposed dwelling will not encroach into the setbacks of the requested R-5S zoning. The structure is a traditional style residence in keeping with the other homes on the street. The building materials are a standard asphalt shingle roof, vinyl siding, vinyl windows, and a standard CMU block foundation. Colors have not been selected for the proposed building, but all materials will be neutral in color. There was no opposition to the request. KLB BUILDERS / LESSEL PARKER Page 2 of 3 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. . Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~~ City Manager: ~":. It:. , ~~ r Map L-6 "".~. l'<,.., \. _t!<.... Zoning Ch.1ngt' (rom 4-12 to R-55 16 December 9, 2009 Public Hearing APPLICANT: KLB BUILDERS, INC. PROPERTY OWNER: LESSEL PARKER . STAFF PLANNER: Karen Prochilo REQUEST: Chanae of Zonina (A-12 Apartment District to R-5S Residential District) ADDRESS I DESCRIPTION: 1145 Carver Avenue GPIN: 24174691040000 ELECTION DISTRICT: BEACH SITE SIZE: 8,250 square feet AICUZ: Less than 75 dB DNL and APZ2 The applicant proposes to rezone the existing A-12 property to R-5S to rebuild one single-family dwelling. SUMMARY OF REQUEST The applicant originally submitted an application for an alteration and enlargement for a non-conforming use - a single-family dwelling located in an A-12 Apartment District. Single-family dwellings are not permitted in Apartment zoning districts. The applicant was intending to retain some of the existing structure for the purpose of altering and adding to it. As part of the process of evaluating the applicant's request, however, Staff visited the site and discovered there was no structure. The contractor had demolished the entire structure down to the footings based on the deterioration of the existing dwelling. Unfortunately, without'a structure, there could be no application for a non-conforming use, as the nonconformity had been removed. The applicant, therefore, was advised to file a rezoning application to a Residential zoning category, which will allow a new single-family dwelling to be constructed on the site. Since there are already several parcels zoned R-5S Residential District on Carver Avenue, including KLB BUILDERS, INC. I LESSEL PARKER Agenda Itefl"l16 Page 1 immediately to the east, and such zoning is consistent with the lot pattern in this neighborhood, the R-5S Residential District was recommended to the applicant. The footprint of the applicant's proposed dwelling will not encroach into the setbacks of the requested R- 5S zoning. The structure is a moderate traditional style residence in keeping with the other homes on the street. The building materials are a standard asphalt shingle roof, vinyl siding, vinyl windows, and a standard CMU block foundation. Colors have not been selected for the proposed building, but all materials will be neutral in color. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant residential site SURROUNDING LAND USE AND ZONING: North: · Across Carver Avenue is Winterville Court and single-family dwellings / A-12 Apartment District · Mobile Home Park / B-2 Community Business District · Single-family dwelling / R-5S Residential District · Single-family dwelling / A-12 Apartment District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The property is a residentially improved site. There do not appear to be any significant natural features or cultural resources on the site IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN CMTP) I CAPITAL IMPROVEMENT PROGRAM CCIP): The proposal has no impact on traffic or roadway issues. WATER and SEWER: This site is already connected to City water and City sanitary sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. KLB BUILDERS, INC. / LESSEL PARKER Agenda Itelll. 16 Page 2 Evaluation: Staff finds this request is reasonable, as the density will remain the same and the type of unit is appropriate to the area. While much of this area is zoned A-12 Apartment, the prevalent housing type consists of detached single-family and duplex dwellings. The proposed exterior building materials reflect the materials used within the residential neighborhood. The joint Navy-City MOU staff also evaluated this application for compliance with the provisions of the A/CUZ Overlay Ordinance, Section 1804, and found that the request for a Change of Zoning results in only one dwelling unit - the same number that was located on the site prior to the demolition of that structure due to its deterioration. The proposed density is the lowest reasonable for the site. While residential uses are not compatible within this AICUZ, the subject lot is situated in a neighborhood of mostly nonconforming single-family dwellings. The dwellings are nonconforming because the area is zoned A-12 Apartment, which allows multi-family dwellings. The reality is that the applicant's rezoning of the subject site to R-5S Residential ensures a lower density. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet al/ applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses aI/owed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. KLB BUILDERS, INC. I LESSEL PARKER Agenda Item 16 Page 3 AERIAL OF SITE LOCATION KLB BUILDERS, INC. / LESSEL PARKER Agenda Itern 16 Page 4 I I t~ , J. : -:- :!"!'-} f I I If i) ~ I ~. '. I i , f \..~, I ~j ! fi~ I I 1"!l~'U~UJ f 6 S"'J i .!,' :;~falj , Jf'. ~ ....r '~~"r ~ '~J i / /.'.. . I . .. I , .. I ! l' ,,- j , ,;,..,. " " , "j ':j/f:.\"I :, i ' ,J..: / L', /' /'.. .' J'I: L:.--..(_~., I.' / fj:' :JUft; It, hWol." !l i r 'b I I......, J) . . .. t4 I ,I, l _I lltli ~. ' ~ l' i-~', :/H I':.~ '~lJ"",~~;'1 I AN" '''''\1''' t" fit i.' Cl",...r.!H 1:1. . ".ru;w ,.. ", 0; '(("'Tur~ _ t,... '__'_ I'! PROPOSED SITE PLA~ "idi-....-i;,~ "." .. , ;d 'I :lJ '-" \1)1 4' " .' ~ ......"..Iil............,\4\<f,.lfIti&J 1-.....~wi's~"'~I~ flli.......4M!.~U,.".Wiol~~ --. ~""'.(I4t..t'lI/1.;t.IJ,..) rlJMlJ ,,~ t'!~'''':o!:tl .. JJIJtIJ,g;"., liS .:l&U.:I: . ,- ~:":S~~,....',........ PROPOSED SITE PLAN KLB BUILDERS, INC. / LESSEL PARKER Agenda Iten} 16 Page 5 ( ~J1 II -r; i " .! I' !' 1 ~ , I I I ! i I, "ttl. .'i". , . z o ;::. ~;. UJ:~ -" W~~ 1-::- :r ,",' 5?'~ "'. / t: w3 .:...Jp I"" PROPOSED BUILDING ELEVATION KLB BUILDERS, INC. / LESSEL PARliER Agenda Item 16 Rage 6 I II Map L-6 Hop Not tc' Scole RT-3 062 Zoning Change from A-12 to R-55 1 02/10/1998 Rezoning from A-12 Apartment District to R-5S Granted Residential District 2 OS/23/1995 Rezoning from A-12 Apartment District to R-5S Granted Residential District 3 07/07/1992 Enlaraement of a non-conformina Granted 4 04/09/1991 Non-conform ing Granted 5 11/28/ 1988 Rezoning from A-12 Apartment District to B-2 Granted Business District 6 06/27/1988 Non-conforming Granted 7 05/11/1987 Conditional Use Permit (Church addition) Granted ZONING HISTORY KLB BUILDERS, INC. / LESSEL PARKER Agenda Itel1) 16 Page 7 '*' CLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, busmess 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 necessf.uyi __m_._~ L. ~~~~__~~~.k_:~.4?~!tl0 2 Ust all busmesses that have a parent-subsidiary' or affiliated business Pl1lity' relationship with the applicant: (Attach list if necessary} _._-~~.!l__~~.~8-.J~krli_~ ~'J.(t~~. o Check here if the appHcant is NOT a corporation partnership firm. busmess r,r other unmcorporated organization. PROPERTY OWNER DISCLOSURE Complete thIS section only If property owner tS difforent from applicant If the property owner is a corporation, partnership, firm, business or other unmcorporated organization, complete the fol!ow1l1g. 1 Ust the property owner name followed by the names of aU offfr:ms members, trustees, partners, etc. below (Attacflltst if necessary! _"_...._~~.k.._........lt!Y~~..____.__....._ 2 list ail bUSinesses that have a pnrent-subsidiary or aftllmter! bUSH1GSS nnlity' relationship with th~; applicant: {Attach fist if necessary) 1 UiIJ... -----.".--..."....-. ...- . ... ....... -. ..... .........'/.t:r...-....... o Check here jf the property owner IS NOT a corporation oartnerstl1p hrm. business, or other unincorporated orgamzatton. SHe next JJage fur L~o1note5 Doe~; en official or employee of lhe C~1)f Virginia Beach have an mterest In th" land? Yes _._.. No ~/ If yes, what IS the name of the officml or ernployee and the nature elt their mteree;p z o ..... .~ U ..... ~ ~ ~ C-' Z ..... Z o N ~ KLB BUILDERS, INC. / LESSEL PARKER Agenda Item 16 Page 8 z o ADDITIONAL DISCLOSURES "---' Ust all known contractors or bUSinesses that have or wiH provide servll:es with respect ~ to the requested property llse> Inclutl1ng but not hmltedto the providers of architectural 1:..... servIces, r..eal estate servIces, financial serVices, accc:.untln~ serv!ce~,. and lega.l r: servIces: (Attach itst !f necessary) ~{L~" i /1 ~ S < _______.,_>>__,_,_"_,__,,,_'_>>_'_ --,._~:. ---'rl_....'t-~ U ________~~l~~_-~- ....~___ ~_L-~ ..... ~ ~ ~ '-' Z ..... Z o N ~ DISCLOSURE ST A TEME ''Parent-subsidiary re!ations!Hp means >'a relationshIP that eXJsts when one corporation directly or mdlrectly owns shares possessmg more tlwn 50 percenl of the votmg power of another corporation. See Stale and local Govermnef1t Conf!;ct of Interests. Act, Va Gode ~ 2.2-3101 . 'Affihated bUSiness enmy reJabonsrllp" means a relationshIp, other than parent- SubSidiary relatronslup. that exists when 01 one bUSiness entity ha", a controlling ownership Interest In the other business entlly (11) a controlling owner In one entl!y IS also i.l ('A)ntroHing mynar In the olher entity, or (iu) Ihere IS slll3red management or cOr1lrol between the business entities. Factors !hal should be cnnsloered In delennif11lJ9 the' (!Xtsteme nI an nflllri:Jted business entity relationship mclude Ihal the same persor or sut}stantially the same person own Of manage the two entities. there are common or commingled funds or assets: the bUSHlesS entitles share the use 01 the same offices or emp!()I{ees or ottwrwlse share actMlIes, resources or personnel on a regular basis or there IS otherwlSP a r;,oso wor].ung relahonshlp between the entities. See State and Loca! Government Codlict of interests Act, Va. Code S 22<:1101. CERTIFICATION: 0l:1rtl'fy that lhe :rblflatlDn conta,rH,xl here:,' tlUD an,j Jcc;rate lwnderS1Bnd u"tat. Jt:>Ofl receq)t Of nO!lfl(;.;.th:^Jn JY.)~;tc.nrd} that ~hn hn~ LHen 8f..:lihH'X.t t{H }}ubnt:~ Mannog 1 ar fu~~por\f:;jtHO fot ct)l/llnmg ~.;1rk: pristlng the ~ubieGt prutJt'Jty nt east :50 days prkH" hi ~he ~~~~hnduh1d pubtx hHanng acconl :iq 1: i0 th$ pur-kaqe Thf~ un,jp.r-5lqnHf} HiS t('. pnrty Jj){Jn lhe subject pfopB~ti t)\, prr\r; the )Bp:srtmer-,t Of P~anru0g tc photograp('( arv~ vuaVi the s;!e for P\,JH}G&eS of prQcess. ;1~\J B1JLr3tng thm a.ppw",aton (\.~ /~- II . ~ ~ -.....\ ...v,... ~ .._~..,Ji'-,."",.._v....,<m~""","~~_~__~~__..,~.M~~ i\,,<ijtanl So Si!.FvltUft'J i I \ > ....! f t fl/ I ' ~~.~~\...'".c:'>/,j ". Pn}perty Owner "':;19;'il,"'<':'/ iNf I cml ~~ B~~ ~Jl ~~4:::~~.n c1t~F <~dnt DISCLOSURE STATEMENT KLB BUILDERS, INC. / LESSEL PARKER Agenda Item. 16 Page 9 Item #16 KLB Builders, Inc. Change of Zoning District Classification 1145 Carver Avenue District 6 Beach December 9,2009 CONSENT Joseph Strange: The next item is agenda item 16. An application ofKLB Builders for a Change of Zoning for A-12 Apartment District to R-5S Residential District on property located at 1145 Carver Avenue, District 6, at the Beach. Is there a representative on this application? Is there any opposition to this matter being placed on the consent agenda? There are no conditions attached to it. Ifnot, the Chairman has asked Phil Russo to review this item. Phil Russo: The applicant proposes to rezone the existing A-12 property at 1145 Carver Avenue to R-5S to build a one single family dwelling. This is a rezoning application to residential zoning category which would allow a new single family dwelling to be constructed on the site. Since there are already several parcels zoned R-5S on Carver Avenue including immediately to the east, and such zoning is consistent with the lot pattern in the neighborhood, the R-5S Residential District was recommended to the applicant. The structure proposed is a modern traditional residence in keeping with the other homes on the street. The density will not increase, and the building materials are standard, and the type of unit is appropriate for the area. Although much of the area is zoned A-12 Apartment, the prevalent housing type in the area consists of detached single family and duplex dwellings, and the proposed exterior building materials reflect the materials used in the area. While the dwellings are non-conforming because the area is zoned A- 12, which allows multi-family dwellings, the applicant's rezoning of the subject site to R-5S Residential ensures a lower density for the area. As a result, the Commission has determined to place this on the consent agenda. Joseph Strange: Thank you Phil. Madame Chairman, I make a motion to approve agenda item 16. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE Item #16 KLB Builders, Inc. Page 2 HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 16 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Ordinance to amend Section 1001 of the City Zoning Ordinance pertaining to religious uses in the 1-1 and 1-2 Industrial Districts. MEETING DATE: January 12, 2010 . Background: Religious uses and their associated facilities are currently allowed with a conditional use permit in any zoning district except the Industrial zoning districts. At the time the zoning ordinances for Princess Anne County and the Town of Virginia Beach were written, the original rationale for excluding such uses from the Industrial zoning districts seemed self-evident. Until the last quarter of the 20th century, religious facilities, particularly churches, consisted of self-standing structures on large lots. Many of the churches were located in neighborhoods or in commercial areas adjacent to neighborhoods, and often acted as centers of community activity. Churches of this type and traditional industrial land use were, therefore, viewed as being inherently incompatible with each other. During the last quarter of the 20th century, however, two shifts occurred in religious uses, particularly Christian churches: (1) the growth of 'mega-churches' (those with facilities for thousands of members rather than hundreds) and (2) the growth of small churches, usually consisting of a 'cell' of members from a larger church attempting to start a new church in a different location. Due to their small size and limited financial resources, these smaller churches commonly seek a location with an inexpensive rent price. Those low rents are usually associated with distressed retail storefronts and offices, as well as office-warehouse units. Consistent with this trend, there are numerous small churches in such locations throughout the city; however, primarily due to their small size, many of the churches were established without zoning approval through the Use Permit process. Most of the locations are within zoning districts where churches are allowed with a Use Permit. Some of the locations, particularly those within an office-warehouse or office building, are within either the 1-1 or 1-2 Industrial Districts, and such locations may be appropriate for small churches since the intensity of traditional industrial uses is limited in these instances. . Considerations: To address this issue, the attached amendments to the City Zoning Ordinance allow religious facilities that are not freestanding in the 1-1 and 1-2 Industrial CITY OF VIRGINIA BEACH - CHURCHES IN INDUSTRIAL DISTRICTS Page 2 of 2 Districts with a Conditional Use Permit. As noted, only religious facilities located in a building that consists of other units will be permitted with a Conditional Use Permit. A freestanding traditional church will remain a prohibited use in the Industrial Districts, as such churches are of a more permanent nature. There was no opposition to the request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 1'1-0, to recommend approval of this amendment to the City Council . Attachments: Minutes of Planning Commission Hearing Proposed Amendment Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage~~ t 'DclO>'"t r- 21 December 9, 2009 Public Hearing CITY OF VIRGINIA BEACH I AMENDMENT TO ZONING ORDINANCE (CHURCHES IN INDUSTRIAL DISTRICTS) REQUEST: An Ordinance to amend Section 1001 of the City Zoning Ordinance Pertaining to Religious Uses in the 1-1 and 1-2 Industrial Zoning Districts. AMENDMENT HISTORY: This item was deferred on November 12, 2009, at the request of staff to allow all concerned stakeholders an opportunity to speak on the proposed amendment. SUMMARY OF AMENDMENT Religious uses and their associated facilities are currently allowed with a conditional use permit in any zoning district except the Industrial zoning districts. At the time the zoning ordinances for Princess Anne County and the Town of Virginia Beach were written, the original rationale for excluding such uses from the Industrial zoning districts seemed self-evident. Until the last quarter of the 20th century, religious facilities, particularly churches, consisted of self-standing structures on large lots. Many of the churches were located in neighborhoods or in commercial areas adjacent to neighborhoods, and often acted as centers of community activity. Churches of this type and traditional industrial land use were, therefore, viewed as being inherently incompatible with each other. During the last quarter of the 20th century, however, two shifts occurred in religious uses, particularly Christian churches: (1) the growth of 'mega-churches' (those with facilities for thousands of members rather than hundreds) and (2) the growth of small churches, usually consisting of a 'cell' of members from a larger church attempting to start a new church in a different location. Due to their small size and limited financial resources, these smaller churches commonly seek a location with an inexpensive rent price. Those low rents are usually associated with distressed retail storefronts and offices, as well as office- warehouse units. Consistent with this trend, there are numerous small churches in such locations throughout the city; however, primarily due to their small size, many of the churches were established without zoning approval through the Use Permit process. Most of the locations are within zoning districts where churches are allowed with a Use Permit. Some of the locations, particularly those within an office-warehouse .oroffice CITY OF VIRGINIA BEACH - ZONING ORDINANCE AMENDMENT (Churches in Industrial Districts) Agenda Iter11 21 Page 1 building, are within either the 1-1 or 1-2 Industrial Districts, and such locations may be appropriate for small churches since the intensity of traditional industrial uses is limited in these instances. To address this issue, the attached amendments to the City Zoning Ordinance allow religious facilities that are not freestandina in the 1-1 and 1-2 Industrial Districts with a Conditional Use Permit. As noted, only religious facilities located in a building that consists of other units will be permitted with a Conditional Use Permit. A freestanding traditional church will remain a prohibited use in the Industrial Districts. RECOMMENDA TION Staff recommends approval of the proposed amendments. CITY OF VIRGINIA BEACH - ZONING ORDINANCE AMENDMENT (Churches in Industrial Districts) Agenda Item 21 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AMEND SECTION 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO RELIGIOUS USES IN THE 1-1 and 1-2, INDUSTRIAL ZONING DISTRICTS Section Amended: S 1001 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1001 of the City Zoning Ordinance is hereby amended and reordained to read as follows: ARTICLE 10. INDUSTRIAL DISTRICTS Sec. 1001. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 1-1 1-2 Reliaious uses, except freestandina C C COMMENT The proposed amendment would allow religious uses that are not freestanding in the 1-1 and 1-2 Industrial Zoning Districts with a conditional use permit. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of CA11129 R-3 October 14, 2009 APPROVED AS TO LEGAL S FFICIENCY: City Attorney's Office Item #21 City of Virginia Beach An ordinance to amend Section 1001 of the City Zoning Ordinance pertaining to religious uses in the I-I & 1-2 Industrial Districts December 9,2009 CONSENT Joseph Strange: The next item is item 21. An ordinance to amend Section 1001 of the City Zoning Ordinance pertaining to religious uses in the 1-1 and 1-2 Industrial Districts. Is there any opposition to this matter being placed on the consent agenda? If not, I think Dr. Stephen White is going to address this item. Stephen White: Excuse me. This is an ordinance amendment that addresses an issue that we have seen for a while in our industrial districts, and that is some retail or commercial strips that exist in some of the industrial areas. And what this ordinance amendment will do, it allows churches, religious uses in Industrial districts, the 1-1 and 1-2 Districts with a Use Permit, but they cannot be free-standing. They have to be within another building, and that is because we don't want to see churches taking up lots ofland in our industrial areas, which we want to devote to industrial uses to increase the tax base. So, we're going to take this on a case by case basis. We have a number of churches that, unfortunately, are located in industrial areas right now, and hopefully we can bring them forward, and see what works out for those. If not, find some new homes for them. Are there any questions? Janice Anderson: Thank you. Stephen White: Thank you. Joseph Strange: Thank you. Madame Chairman, I make a motion to approve agenda item 21. Janice Anderson: I have a motion by Joe Strange. Do I have a second? Eugene Crabtree: Second. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KATSIAS LIV AS AYE AYE AYE AYE AYE AYE AYE Item #21 City of Virginia Beach Page 2 REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 21 for consent. Janice Anderson: Thank you. That concludes our consent agenda. I want to thank everyone that had an application on the consent agenda. Congratulations. It will be moving on to Council. Thank you. I I M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Agenda 1/12/lOst www.vb~ov.com ********************************* PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** TOWN HALL MEETING FY 2010-11 BUDGET January 2112010 - 7:00 PM Great Neck Recreation Center 2521 Shorehaven Drive ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 12/8/2009 L PAGE: 1 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D VA CITY COUNCIL BRIEFINGS: COMMUNITY PARTNERSHIP re Andrew HOMELESSNESS Friedman, Director - Housing and Neighborhood Preservation Ray Bjorkman, Beach Fellowship Ruthie Hill, Executive Director - Samaritan House B EMPLOYEE RETIREMENT INCENTIVE Paul Lanteigne, Sheriff 1I/A BRIEFINGS: CITIZEN SURVEY RESULTS Nanci A. Glassman, President - Continental Research B COMPREHENSIVE ANNUAL Patricia Phillips, FINANCIAL REPORT (CAFR) Director - Finance TOWN HALL BUDGET MEETING Catheryn C Whitesell, RESULTS Director - Management Services I1I/IV/V/VI CERTlFICA TE OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y E F-J MINUTES - December 1.2009 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y B S T A I N E D CITY OF VIRGINIA BEACH SUMMARYOFCOUNCnACnONS V I DATE: 12/8/2009 L PAGE: 2 0 S L E 0 H E A W AGENDA 0 S 1 E J S U N I ITEM # SUBJECT MOTION VOTE A T E 0 N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N 0 G/H MA YOR'S PRESENTA nONS: RESOLUTIONS IN RECOGNITION: ADDED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y AGENDA Sheriff Lanteigne George Alcaraz ADD Ron Villanueva 111 PUBLIC HEARINGS: SPSA NO SPEAKERS Amended/Restated Articles of Incorporation 2 INSTALLMENT PURCHASE NO SPEAKERS AGREEMENT ARP Easement - 6485/6529 Blackwater Road 3 LASKIN ROAD GA TEW A Y Phase I-A 2 SPEAKERS Acquisition 4/a LEASE OF CITY PROPERTIES NO SPEAKERS 1467 Old Virginia Beach Boulevard b Nextel Communications of the Mid- Atlantic, Inc. @ Indian River Road/Chesterbrook Drive JIl Resolution to AUTHOR.IZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Amended/Restated Arlicles of CONSENT Incorporation SPSA 2 Ordinance to AllTHORIZE acquisition of ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y ARP Easement Bonnie B./Earnest E. CONSENT B Morrow, Sr., at 6485/6529 Blackwater S Road T A I N E 0 3 Ordinance to AlITHORIZE a non-binding ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Memorandum of Understanding (MOU) CONSENT with From One Hand To Another. Inc. (FOHTA) for the Pharrell Williams Resource Center re young people beyond traditional classroom experience 4 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y by agreement or condemnation, for the r -0- CONSENT w of Laskin Road Gateway, Phase 2 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 12/8/2009 L PAGE: 3 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 5/a Ordinance to AUTHORIZE: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT 5 year Lease with Nextel Communications of Mid-Atlantic, Inc. re Stumpy Lake b I year lease with Transitions Community ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Dev Corp at 1467 Old Virginia Beach Road CONSENT 6 Ordinance to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIA TE Grant CONSENT funds from U.S. Department of Energy through 2009 American Recovery and Reinvestment Act Energy Efficiency/Conservation Block Grant Program re energy efficiency/ conservation initiatives 7/a Resolutions re Recovery Zone Economic ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Development Bonds: CONSENT Designating the Recovery Zone Area b Issuing Bonds through VMLN ACO ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT 8 Resolution to AUTHORIZE ISSlJANCE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Revenue Bonds in behalf of CONSENT Westminster-Canterbury of Hampton Roads, Inc.capital renovations and improvements to existing facilities 9 Resolution to REFER to Planning ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commission Ord to AMEND Sections CONSENT 111/211/2120fCZO/ADD See 211.2 defining "Roadside Guide Sign"/establish requirements for allowing such signs in the public right-ot:way ADD ON Resolutions in Recognition: ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ADOPTED, BY Ron A. Villanueva, Delegate-Elect, Virginia CONSENT General Assembly Paul J. Lanteigne, Sheriff George Alcaraz, East Coast Surfing Championship L/I VIOLA BUILDING CORP enlargement APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y of nonconforming structnres at 6900 CONDITIONED, Atlantic Avenue/203 69th Street BY CONSENT DISTRICT 5 - L YNNHA VEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 12/8/2009 L PAGE: 4 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 2 CENTRAL ASSOCIA TES OWNER'S APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y ASSOC, INC. CUP re enclosed bulk CONDITIONED, B storage yard at 500/508 Central Drive BY CONSENT S DISTRICT 6 - BEACH T A I N E D 3 DANIEL E. POSTON CUP re vehicle APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y sales/sen'ice at 3336 Holland Road CONDITIONED, DISTRICT 3 - ROSE HALL BY CONSENT 4 ROCK CHURCH for a CUP re religious APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y use (Seminary) at 640 Kempsville Road CONDITIONED, DISTRICT 2 - KEMPSVILLE BY CONSENT 5 JESSUP CONSTRUCTION DENIED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y L.L.C./JOHN P. MYERS COZ from R- CONSENT 40 to Conditional R-20 re single family waterfront lots at 1125/1129 Trantwood Avenue DISTRICT 5 - L YNNHA VEN Suite A DISTRICT 3 - ROSE HALL 6 Comp Plan with Exhibits I-A/I-B ADOPTED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y including Land Use/Master Transportation AMENDED Plan maps INCLUDING IT AffRANS- ITION AREA M APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD RESORT ADVISORY COMMISSION BEACHES and WATERWAYS Appointed 11-0 y Y Y Y Y Y Y Y Y Y Y COMMISSION Patricia Keeley 3 Year Term ending 6/30112 HISTORIC PRESER V A nON Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Lee Lockamy Unexpired Term thru 12/31/11 Lee Lockamy Appointed HUMAN RIGHTS COMMISSION William C. Rice 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired Term thru 3/31/ I 0 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 12/8/2009 L PAGE: 5 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D PLANNING COMMISSION Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Christopher D. Felton 4 Year Tenn 1/1/10-12/31/13 PUBLIC LIBRARY BOARD Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Cheryl Savage Unexpired thru 8/31111 SOUTHEASTERN PUBLIC SERVICE John C. Barnes 11-0 Y Y Y Y Y Y Y Y Y Y Y AUTHORITY Appointed - No T enn, Local Board Member WETLANDS BOARD Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Ken Jobe Unexpired thru 9/30/13 N/O/P ADJOllRNMENT: 6:40PM