Loading...
JUNE 8, 2010 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM D. SF.SSOMS, JR., At-Large V/CE MAYOR LOU/S R. JONES, Bayside -District 4 It/TA SWEET BELLITTO. At-Large GLENN R. DAMS, Rose Hall -District 3 W!/./,/AM R. DeS7EPH, At-Large HARRY E. D/EZE/., Kempsville -District 2 ROBERT M. DYER, Centerviffe -District l 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 C/TY MANAGER -JAMES K. SPORE. C/TY ATTORNEY -MARK D. ST/LES C/TY ASSESSOR JERALD BANAGAN CITY AUD/TOR - LYNDON S. REMIAS C/TY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA O8 JUNE 2010 CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, V/RGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS: -Conference Room- 3:00 PM A. MODIFICATION OF TEEN ORDINANCES Deputy Chief Cervera, Police Department B. APZ-1 PROGRAM Rebecca Kubin, Deputy City Attorney C. WINTERBERRY LANE ENCROACHMENT James Lawson, City Real Estate Agent 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 4:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM ~~ A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Chaplain Susan Forehand Virginia Beach Police Department 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 May 25, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. OPENING OF BID -Wireless Telecommunications Facilities 1900 Sandbridge Road 2. GRANT OF EASEMENT -Virginia Electric and Power Company Town of Windsor, Isle of Wight County 3. AMENDMENT to CITY CODE SECTIONS 30-58 and 30-59 Erosion and Sediment Control Ordinance I. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND and REORDAIN the City Code: a. § 30-58 and §30-59 re erosion and sediment control site stabilization b. § 6-117 and §6-118 re water skiing and surtboarding 2. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way, known as 24th Street and Atlantic Avenue, by Walgreen Co. to construct and maintain an underground conduit/cable DISTRICT 6 -BEACH 3. Ordinance to AUTHORIZE encroachments across a portion of a City utility easement and an easement over City-owned property, (Lake Gaston), each in Isle of Wight County by Virginia Electric and Power Company to maintain an overhead transmission line crossing; and, AUTHORIZE the City Manager to execute the necessary documents 4. Ordinance to ACCEPT and APPROPRIATE $1,047,900 of the Cooperative Agreement Grant from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), for the FY 2009-10/2010-11 Budget of the Fire Department re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team 5. Ordinance to ESTABLISH the Chesapeake Beach Sand Study Capital Project and to TRANSFER $150,000 to the General Fund Reserve for Contingencies to fund the study Ordinance to AMEND City Code Section 23.50 re weeds or grass deferred to June 8 is now rescheuled K. PLANNING Application of the VIRGINIA BEACH CITY PUBLIC SCHOOLS/WEST NECK, LLC, for a Change of Zoning District Classification from R-10 Residential District to AGl Agricultural District at 2657 West Neck and North Landing Roads to construct a new high school that will replace the existing Kellam High School located on Holland Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of TOMMIE C. HERRING/THE RUNNYMEDE CORPORATION for ~:~ Conditional Use Permit to convert a retail facility into a church at 120 South Plaza Trail. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL 3. Application of HARVEST OUTREACH MINISTRIES, INC. for Modification of Conditions 1 and 2 (approved by City Council on March 25, 2008) for a church at 3312 Dam Neck Road DISTRICT 7 -PRINCESS ANNE DEFERRED MAY 25, 2010 RECOMMENDATION APPROVAL 4. Application of NEW LIFE PRESBYTERIAN CHURCH for Modification to extend Condition 4 (approved by City Council on November 12, 2002) at 3312 Dam Neck Road to allow for the use of a modular unit not to exceed an additional five (5) years from the date of this approval. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL 6. Application of URBAN-X-CHANGE II INC. -MATTHEW HUTCHINSON/ LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo, permanent make-up and body piercing establishment at 829 Lynnhaven Parkway. DISTRICT 3 -ROSE HALL RECOMMENDATION L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION PARKS and RECREATION SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 06/08/20 APPROVAL www.vbgov.com I. CITY MANAGER'S BRIEFINGS: -Conference Room- 3:00 PM A. MODIFICATION OF TEEN ORDINANCES Deputy Chief Cervera, Police Department B. APZ-1 PROGRAM Rebecca Kubin, Deputy City Attorney C. WINTERBERRY LANE ENCROACHMENT James Lawson, City Real Estate Agent 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 -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Chaplain Susan Forehand Virginia Beach Police Department 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 May 25, 2010 G. FORMAL SESSION AGENDA ~r~a~~t#inn 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, $E 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. OPENING OF BID -Wireless Telecommunications Facilities 1900 Sandbridge Road 2. GRANT OF EASEMENT -Virginia Electric and Power Company Town of Windsor, Isle of Wight County 3. AMENDMENT to CITY CODE SECTIONS 30-58 and 30-59 Erosion and Sediment Control Ordinance Iy ~~ ~~ 1 ! ~ _ ( ~> ~ ) I :.~ Mew J.i ti.~~ Public Notice Notice is hereby given pursuant to an ordinance approved by the City Council on May 11, 2010, that bids shall be received fora lease of a portion of City property located at 1900 Sandbridge Road (Red Mill Farm Park), in the Princess Anne District, for the purpose of constructing, maintaining and operating wireless telecommunications facilities, including, but not limited, to antennas, connecting cables and appurtenances and accessory structures to be used in conjunction with the aforesaid facilities. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on June 8, 2010, at 6:00 p.m., and after the reading of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF A PORTION OF THE CITY PROPERTY LOCATED AT 1900 SANDBRIDGE ROAD (RED MILL FARM PARK) FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk Beacon May 20 & 27, 2010 21335683 'fiT` i of p~. ((~~ e'' Cs` _- ,_•~t' PUBLIC HEARING GRANT OF EASEMENT OVER CITY PROPERTY TO VIRGINIA ELECTRIC AND POWER COMPANY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, June 8, 2010, at 6:00 p.m., in the Council Chamber of the City Hatl Building (Bldg #1) at the Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to grant an easement to the Virginia Electric and Power Company over the following City-0wned property: Approximately 5,663 square feet of real property abutting the Virginia Electric and Power Company Transmission Line North of Route 635 in the Town of Windsor, Isle of Wight County, Virginia Any questions concerning this matter should be directed to the Department of Public Utilities, Building #2, at the Virginia Beach Municipal Center (757) 385-4171. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon May 30, 2010 21382610 r~ )'A4lN Br,{ Y~"~~~ ~ L j ~ is~ ZS L b~~~~' ~ PUBLIC HEARING Proposed Amendment to City Code Sections 30-59 and 30-58 On June 8, 2010, at 6:00 p.m., the Virginia Beach City Council will hold a Public Hearing concerning the adoption of a proposed ordinance to amend City Code Sections 30-59 and 30-58, regarding site stabilization requirements of the City's Erosion and Sediment Control Ordinance. A copy of such proposed ordinance is available for inspection at the City's Department of Planning. The aforesaid Public Hearing will be held in the City Council Chamber, located on the 2nd floor of the City Hall Building (Building 1), 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon May 30, 2010 21365568 J. ORDINANCES/RESOLUTION Ordinances to AMEND and REORDAIN the City Code: a. § 30-58 and §30-59 re erosion and sediment control site stabilization b. § 6-117 and §6-118 re water skiing and surfboarding 2. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way, known as 24~' Street and Atlantic Avenue, by Walgreen Co. to construct and maintain an underground conduit/cable DISTRICT 6 -BEACH 3. Ordinance to AUTHORIZE encroachments across a portion of a City utility easement and an easement over City-owned property, (Lake Gaston), each in Isle of Wight County by Virginia Electric and Power Company to maintain an overhead transmission line crossing; and, AUTHORIZE the City Manager to execute the necessary documents 4. Ordinance to ACCEPT and APPROPRIATE $1,047,900 of the Cooperative Agreemen~~: Grant from the U.S. Department of Homeland Security, Federal Emergency Management: Agency (FEMA), for the FY 2009-10/2010-11 Budget of the Fire Department re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team 5. Ordinance to ESTABLISH the Chesapeake Beach Sand Study Capital Project and to TRANSFER $150,000 to the General Fund Reserve for Contingencies to fund the study Ordinance to AMEND City Code Section 23.50 re weeds or grass deferred to June 8 is now rescheuled ~~ ~s, :t _ ~~ a' ,~~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend and Reordain Sections 30-68 and 30-59 of the City Code, Pertaining to Erosion and Sediment Control Site Stabilization MEETING DATE: June 8, 2010 ^ Background: Among the recommendations of the Green Ribbon Committee is that the Erosion and Sediment Control Ordinance be amended to require that all disturbed areas on sites be stabilized prior to the release of the site or the release (i.e., closure) of the permit authorizing the disturbance or the issuance of a permanent certificate of occupancy. The amendment to Section 30-58 is a housekeeping matter to allow the current version of the Virginia Erosion and Sediment Control Handbook to be used without further amendments. ^ Considerations: The proposed ordinance would accomplish the recommendation of the Green Ribbon Committee by amending City Code Section 30-59 to add the foregoing requirement. ^ Public Information: A public hearing has been advertised for June 8, 2010 in addition to the normal advertising of agenda items. The ordinance has also been included in the briefings provided to the City Council on the recommendations of the Green Ribbon Committee. ^ Recommendations: Adoption of ordinance ^ Attachments: Proposed ordinance Recommended Action: Adoption of ordinance Submitting f~partment/Agency: Planning Department City Manager: ~ l~ _ 6~ 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 AN ORDINANCE TO AMEND SECTIONS 30-58 AND 30-59 OF THE CITY CODE PERTAINING TO THE EROSION AND SEDIMENT CONTROL PROGRAM AND SITE STABILIZATION Sections Amended: §§ 30-58 and 30-59 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 30-58 and 30-59 of the City Code are hereby amended and reordained to read as follows: CHAPTER 30 SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES ARTICLE I11. EROSION AND SEDIMENT CONTROL AND TREE PROTECTION. DIVISION 1. GENERALLY. Sec. 30-58. Erosion and sediment control program; regulations, standards and specifications for erosion and sediment control and tree protection. (a) The city council hereby adopts the regulations promulgated by the Virginia soil and water conservation board pursuant to section 10.1-562 of the Code of Virginia for the effective control of soil erosion, sediment deposition and nonagricultural runoff which must be met in any control program to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, standards and specifications for erosion and sediment control are included in but [are] not limited to the "Virginia Erosion and Sediment Control Handbook," ~ , a-9>~" Third Edition. 1992 and all future amendmentst_hereto and editions thereof. (b) The program and regulations provided for in this article shall be made available for public inspection at the office of the director of planning. COMMENT This amendment is a housekeeping matter to insure that the latest edition of the regulations is in use. Sec. 30-59. Approved plan required for issuance of grading, building or other permits; security for performance; site stabilization. (a) Prior to the issuance of any grading, building or other permit for activities involving land-disturbing activities, the applicant shall submit an application with an approved erosion and sediment control plan and certification that the plan will be 49 followed. In addition, as a prerequisite to engaging in the land-disturbing activity as 50 shown on the approved plan, permit or agreement in lieu of a plan, the person 51 responsible for carrying out the plan or agreements in lieu of a plan shall provide the 52 name of a responsible land disturber, who will be in charge of and responsible for 53 carrying out the land-disturbing activity. Failure to provide the name of a responsible 54 land disturber prior to engaging in land disturbing activities may result in revocation of 55 the plan approval, and the person responsible for carrying out the plan shall be subject 56 to the penalties provided in this article. 57 58 .... 59 60 (c) Prior to the issuance of any certificate of occupancy or the final release of 61 any permit authorizing aland-disturbing activity all disturbed or denuded areas shall be 62 stabilized in accordance with the Virginia Erosion and Sediment Control Law and 63 Regulations by such methods as but not limited to temporary seedina permanent 64 seeding, sodding or soil stabilization blankets and matting The Building Code Official 65 may authorize a temporary certificate of occupancy without the required soil stabilization 66 if the failure to stabilize is due to circumstances beyond the control of the permit holder 67 68 COMMENT 69 70 The amendment adds a provision to the Erosion and Sediment Control Ordinance 71 specifically requiring that all disturbed or denuded areas on a site be stabilized prior to the final 72 release of any land disturbing activity permit or the issuance of any certificate of occupancy. A 73 temporary occupancy can be granted without the required soil stabilization, if the failure is due to 74 circumstances beyond the control of the permit holder. 75 76 77 Subsection (a) is set out for reference purposes only and is unchanged. 78 79 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 80 of , 2010. APP OV A TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P annir~ epartmen City Attorney's Office CA1106811 R-8 U November 17, 2009 r^~•\~ ra~~NU~ cY:` fOj y^' w-s , 7 ~J 1 = Sl `~- c~ \'y~N~yes~ , `J ~~'.,r.'%'. CITY OF VIRGINIA BEACH AGENDA ITEM _.~ ITEM: An Ordinance to Amend Sections 6-117 and 6-118 of the City Code Pertaining to Water Skiing and Surfboarding MEETING DATE: June 8, 2010 ^ Background: City Code § 6-117 currently prohibits a person who is operating a motor boat on city waters from towing persons on water skis, surfboards or other similar devices unless (1) each person being towed is wearing a life jacket; and (2) either the boat is equipped with a rear view mirror or another person on the boat, other than the operator of the boat, is in a position to observe the person being towed. The next Code section, City Code § 6-118, prohibits boat operators from engaging in such towing activities between the hours from one-half hour after sunset to one-half hour before sunrise. Minor amendments are needed to both City Code sections in order to bring them into conformance with state law. ^ Considerations: State law now provides that a person may lawfully operate a boat while towing another person so long as either (1) each person being towed wears a life jacket; or (2) another person on the boat, in addition to the boat operator, is in a position to observe the person being towed. Accordingly, the attached ordinance amends City Code § 6-117 to provide boat operators the option of either (1) having the person being towed wear a life jacket; or (2) having another person on the boat observe the person being towed. (The use of a rear-view mirror in lieu of an on-board observer, as currently authorized by the City Code, is not an option under the state law). The amendment also defines the types of devices one might ride while being towed by a boat. State law also addresses the hours during which a person may be towed by a boat. The hours set forth in City Code § 6-118 are consistent with state law, but the consequences for violation are inconsistent. The City Code currently provides for a fine of up to $50, but state law requires that such a violation must be punishable as a Class 4 misdemeanor (no jail time, but subject fine of up to $250). This ordinance corrects that discrepancy. Finally, new language has been added to the end of City Code § 6-118 to make clear that the time limitations with respect to persons being towed by a boat also apply to persons on water skis, surfboards, or other similar non-motorized devices that can be used by persons to float or ride in or upon the water (even if they are not being pulled by a boat). Violation of that provision shall be punishable by a fine of up to $50. ^ Pubtic Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police City Manager: , ~ .cC~~~ 1 AN ORDINANCE TO AMEND SECTIONS 6-117 AND 6-118 2 OF THE CITY CODE PERTAINING TO WATER SKIING 3 AND SURFBOARDING 4 5 SECTIONS AMENDED: §§ 6-117 AND 6-118 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 6-117 and 6-118 of the Code of the City of Virginia Beach, Virginia, 11 are hereby amended and reordained to read as follows: 12 13 Sec. 6-117. Towing skiers1 e~ surfboarders. or riders of similar devices without 14 observer or flotation device prohibited. 15 16 (a) It shall be unlawful for any person to operate a motor boat on any of the 17 waters in this city for towing a person or persons on water skis, surfboards or other 18 similar devices, unless (i) there is in such motor boat a person, in addition to the 19 operator, in a position to observe the progress of the person or persons being towed, or 20 21 -aad (ii) each person towed wears a U.S. Coast Guard 22 approved personal flotation device. 23 24 (b) For the purposes of this section "similar devices" shall include but not be 25 limited to paddleboards rubber boats tires and any other item or device used to tow 26 persons behind a motorized boat. 27 28 (bc) Any person who violates this section shall be guilty of a Class 4 29 misdemeanor. 30 31 Comment• 32 33 Amending this section removes the requirement that a boat used for towing persons on skis, 34 surfboards or other devices be equipped with a rear view mirror. This section also defines "similar 35 devices" to include paddleboards, rubber boats, tires, and other items used to tow persons behind a 36 motorized boat. 37 38 Sec. 6-118. Water skiing or surfboarding prohibited during certain hours. 39 40 (a) It shall be unlawful for any person to operate a motor boat on any waters 41 in this city towing a person or persons on water skis, surfboards or other similar devices, 42 between the hours from one-half hour after sunset to one-half hour before sunrise, 43 44 For the purposes of this 45 section "similar devices" shall include but not be limited to paddleboards, rubber boats, 46 tires and any other item or device used to tow persons behind a motorized boat. Any 47 person who violates this subsection shall be guilty of a Class 4 misdemeanor. 48 49 (b) It shall be unlawful for anv person to use water skis surfboards or other 50 similar devices on anv of the waters in the city between the hours from one-half hour 51 after sunset to one-half hour before sunrise For the purposes of this section other 52 similar devices include, but are not limited to paddleboards rubber boats kayaks 53 canoes, windsurfers and anv other non-motorized item used by persons to float or ride 54 in or upon the water. A violation of this sub-section shall be punished by a fine of flat 55 afl fifty dollars ($50.00). 56 57 58 Comment• 59 60 This amendment provides clarity by defining the term "similar devices." Under the 61 provision of subsection (a), "similar devices" includes paddleboards, rubber boats, tires, and any 62 other item or device used to tow persons behind a motorized boat definition. Under the provision 63 of subsection (b), "similar devices" includes paddleboards, rubber boats, kayaks, canoes, 64 windsurfer and any other non-motorized item used by persons to float or ride in or upon the water. 65 Additionally, amending the violation provision of subsection (a) from a $50 fine to a Class 4 66 misdemeanor (up to a $250 fine) mirrors the current state code provision as it pertains to the 67 operator of a motor boat. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ Police Department City nay's is CA11508 R-6 May 27, 2010 ~ ~~4 ~ ~+f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize temporary encroachments into a portion of the City right-of- way known as 24th Street and Atlantic Avenue by Walgreen Co., an Illinois corporation MEETING DATE: June 8, 2010 ^ Background: Walgreen Co., an Illinois corporation has requested permission to construct and maintain an underground conduit/cable in a portion of the City's right-of-way known as 24th Street and Atlantic Avenue, Virginia Beach, Virginia. The City Code does not allow for the administrative approval of this type of encroachment. Therefore, Council action is required. ^ Considerations: City staff has reviewed the requested. encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate C~- City Manager. ~ •~~, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 24TH 7 STREET AND ATLANTIC AVENUE BY s WALGREEN CO. 9 to WHEREAS, Walgreen Co., an Illinois corporation ("Walgreens") desires to 11 construct and maintain an underground conduit/cable within a portion of the City's right- 12 of-way known as 24th Street and Atlantic Avenue, in the City of Virginia Beach, Virginia; 13 and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. is 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Walgreens its assigns and 23 successors in title, are authorized to construct and maintain temporary encroachments 24 for an underground conduit/cable in a portion of the City's right-of-way as shown on the 25 map marked Exhibit "A" and entitled: "WALGREENS STORE #13109 24T" STREET 26 AND ATLANTIC AVENUE OLD BRANDON INVESTMENT COMPANY, L.L.C." a copy 27 of which is on file in the Department of Public Works and to which reference is made for 2s amore particular description; and 29 3 o BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Walgreens (the "Agreement"), which is attached hereto and 3 3 incorporated by reference; and 34 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 3 6 is hereby authorized to execute the Agreement; and 37 3 s BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 3 9 time as Walgreens and the City Manager or his authorized designee executes the 4 o Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 3 of , 2010. CA-11229 R-1 PREPARED: 5/28/10 APPROVED AS TO CONTENTS BL WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM D NA R. H ER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 6th day of April, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WALGREEN CO., an Illinois corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "24TH STREET AND ATLANTIC AVE." as shown on that certain plat entitled: "Property of Town of Va. Beach Located on Pacific Ave. between 24th & 25th Street VA. BEACH, VA. Scale: 1" = 50' May 22, 1951 W. B. Gallup -Certified Surveyor," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 27, at page 31, and being further designated, known, and described as 2406 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain an underground conduit/cable, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 2427-19-2607-0000 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as 24th Street and Atlantic Avenue, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "WALGREENS STORE #13109 24th STREET AND ATLANTIC AVENUE OLD BRANDON INVESTMENT COMPANY, L.L.C." 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. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. tt is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 3 It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required 4 by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said WALGREEN CO., an Illinois Corporation, the said Grantee has caused this Agreement to be executed in its corporate name and on its behalf by Robert M. Silverman, its Divisional Vice President, with due authority to bind said Corporation. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (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. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 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 Notary Registration Number: My Commission Expires: (SEAL) 6 WALGREEN CO., an Illinois Corporation By - ~~~ bert M. Silverman, Di isional Vice President STATE OF CITY/COUNTY OF L.P+~E , to-wit: The foregoing instrument was acknowledged before me this ~+h day of A pry ~ 2010, by Robert M. Silverman, Divisional Vice President of Wafgreen Co., an Illinois Corporation. TEAL) Notary Registration Number: ~0~~12. My Commission Expires: ~~/1 ~/~ a~ 2 7 "OEEI[IAL SEAL" KATHRYN WE=KNEEING NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 6/13/2012 APPROVED AS TO CONTENTS S ATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM . ARMEYER, ASSISTANT CITY ATTORNEY ~ a ~ W u z rte- ~ U .H ~ rl H A m >C o 1 W _... o ~ .. .. V N ~ a ~ ~°o ~ ._. W «. ~ W y... Z H a o a a i=i, .'~ _ W _ d J ti.,.,,F ~ ~ c,~. F A' rt i ~-' ~' ~.. ° : •.tLr...T :w.JJ. li: - r~' i t C:, i'~ ~ _ V ~ .,was- r , ~~ N W~ O c C7 Z ~~ t o 11 Q W ~ Q~ ~~ ~ ~j: ~ Z ~Q~ 3 W ~ Z ~ ~~~, .•' t ,i ~. p W U O ~. o~ ~•,:~ W ~q w .y ~ J ~ ,~t~' Q Q v E• ~f is d oNi a7 .~.-•! K N u V s Y 1 N j e ~~ - S~nn~ i n E ~ ~ ~ ~ qC.v ~ Y _ __ N v .. O. T. '•.I~r1.J O~ U S T is (/ F ~ br., _ \ A 01 01 ~~ ,~,ov ~ u ~'r~ ~„~ s~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing (1) an Encroachment Across a Portion of a City Utility Easement and (2) an Easement over City-Owned Property, each in Isle of Wight County by Virginia Electric and Power Company MEETING DATE: June 8, 2010 ^ Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of Virginia Beach. As a part of the Pipeline, the City owns a utility easement across a portion of Isle of Wight County in the town of Windsor (the "Easement"). Also as a part of the Pipeline, the City owns a parcel of real property adjacent to the Easement (the "Property").Virginia Electric and Power Company ("VEPCO") has requested the City grant VEPCO an encroachment across a portion of the Easement and an easement over a portion of the Property, each for the purpose of maintaining an overhead transmission line crossing. ^ Considerations: Neither VEPCO's encroachment into the Easement nor acquisition of an easement over a portion of the Property would interfere with or limit the City's use of the Pipeline. ^ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ^ Recommendations: Authorize the City Manager to execute the necessary documents with VEPCO to establish the encroachment and the easement in favor of VEPCO. ^ Attachments: Ordinance Plats Recommended Action: Approval of the Ordinance Submitting Department/Agency: Department of Public Utilities G{,/~1 City Mana er• ~ • ~~- 1 AN ORDINANCE AUTHORIZING (1) AN 2 ENCROACHMENT ACROSS A PORTION OF A 3 CITY UTILITY EASEMENT AND (2) THE GRANTING 4 OF AN EASEMENT OVER CITY-OWNED 5 PROPERTY, EACH IN ISLE OF WIGHT COUNTY BY 6 VIRGINIA ELECTRIC AND POWER COMPANY 7 8 WHEREAS, The City of Virginia Beach owns and maintains the Lake 9 Gaston Pipeline which extends from Brunswick County to Isle of Wight County 10 (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of 11 Virginia Beach; 12 13 WHEREAS, As a part of the Pipeline, the City owns a utility easement 14 across a portion of Isle of Wight County in the town of Windsor (the "Easement"). 15 Also as a part of the Pipeline, the City owns a parcel of real property adjacent to 16 the Easement (the "Property"); 17 18 WHEREAS, Virginia Electric and Power Company ("VEPCO") has 19 requested the City grant VEPCO an encroachment across a portion of the 20 Easement and an easement over a portion of the Property, each for the purpose 21 of maintaining an overhead transmission line crossing; and 22 23 WHEREAS, Granting the encroachment and the easement to VEPCO will 24 not interfere with the City's operation of the Pipeline and will further VEPCO's 25 goals of providing power to the citizens of Virginia. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Manager is hereby authorized to execute the 31 necessary documents to evidence the encroachment by VEPCO over a portion 32 of the City-owned easement in Isle of Wight County as shown on the plat 33 attached hereto as Exhibit A. 34 35 2. That the City Manager is hereby authorized to execute the 36 necessary documents to grant an easement to VEPCO over City-owned property 37 in Isle of Wight County as shown on the plat attached hereto as Exhibit B. 38 39 3. The documents evidencing the encroachment and the easement 40 shall contain such other terms and conditions deemed necessary and sufficient 41 by the City Manager and in a form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 44 day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY A City Attorney APPROVED AS TO CONTENT ~, ~ . P~ Department of Publ' Utiliti CA11222 \\vbgov.com\DFS l Wpplications\CityLawProd\cycom32\ Wpdocs\D013\P007\00055817.DOC R-1 May 27, 2010 2 Z W V Q 0 oc V W 0 W O a O a Q m X W 1 _~ 1 "~ l ~~ . ~~ ~~ a x~ ~ al od ~" C1 L ~ ~ ~ ~ ~ ~ ~~ ~ ~-~ ~x~ ~~4 ~ ~ ~ ~ n ~ ~O ~ n ~ ~ °~ ~ ~ N ~ ee ~~ M5 ee ~~ ~6 ~ N ti tdp ~ ~i f~ ~d d d N ti of A ti A ~i N Gi ~u ki ~u .~ ~ 3t 4- W 3 ~ ~u 4~ 4~ ty Fiu ~, ~ ~ K ~ ;~ ~ + K ~ ... ~ ~ II/ . O~ ~ ,•~. ~ ~ M w w ~. ~ ~V ~'i a ; ~ ,v~, i3 o . ~ ~ . $ v N v°ji N ~i N °~ ~ ~ ~ ~ ~ b ~ ~ ~ ~ ~ ~ ~ ~ ~ z 2 v~ a- cn Z 2 ~ ~n ~f h ~ ~n ~ cn o ~ ~ `~' ~ ~ 4Y W N ~ ~ Z I ~ z 5 W ~ ~ O ~~~ ~ U ~~ x ~ m~~ O Z g ~ ~ ~ N O 1 '~` o _ ~ ~~ ~O ~ ~ K ~. K w w.. F. 7 t N V V ~/ ~1 vl ~I~ ~ 1 ~ ~. ~ ~ ~ ~~ ~~ ~~ ~~~~~ 1 ~' ~~ ~~ ~. o~ ~~ ~~ ~ -~ _ ~. ~ ~~~~ ~~ ~~ ~ ~ ._~~~ ~ g ~ p ~ ~ ~~ ad L ~ ~~.~ N d 1 1 0 1 ~~ ~° ~ l 1 ~ ~o ~~, ^ 1 ~ ~~~ ,~~ a` w 1 ~ ~~ - " b ~~~ ,~ ~~ : . ? ~ ~~ ~a,{~~ ~~~ti~ ~ ~ ~ ~ ~` ` ~! ``'° ~ " ~ ~ xw .~ ~ ~~ ~ ~^~ ~~ ~ ~~ ~~ ~~ ~.e hN ~ ~~m ~~ v ~~, N ~ ~ b~ ~~ ~~ `~ y ~ ~~ ~ c~,'~ ~ `~ ~ ~y ~~ ~~~ .~~~ ~~~'~ ~~ ~ ~J t ~~ 1 1~,~ H Z WC G W N Q W W a O DC a m W ~B E ~~ ~. ~~~ ~~~~ ~~~ ~~ ~ Q ,J: .~ '~~`~. \ ~ ~` ~ ~ ~ ~ ~ ~ a~~ `~ ~~ ~ ~ ~~~ ~ "~ 451 ... p~ 4 ~„ ~„ ~ -~. ~ -.l .~j til ..1 ~' ~~ 4 ~, ~ ~# Ot9 1~+ ~ ~' ~a ~a ~~_ ~ ~~ ~~ ~ ~ ~ ~~ ~ ~~ ~ ~~ ~~ ~ W ~~ L.L.7 A ~ ~ '~_ u c~ ~ 4 i ~ fl~ ~~ ~ ~` ~~" ~~ ~ ~ ~. ~ N ~~ ~ o ~ ~~~ t ~~ ~ + O. ~ ~ 4 ~{ 1 ~ ~ ~ N ~. ~~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~~ ~:~, ~,~ ~~ ~ ~ ~ 1 '{ ~~~~ `4 ,~ t ~~ ~ ~~ ti ~ `• ' d ~ ,y `~1 ~, ~ -~~ . ~ ~~~ _. ~HU'eE~ ~.~' w ..,,~,y s ~' ~~~~ ..~ ~-~ 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from FEMA for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: June 8, 2010 ^ Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the Department of Homeland Security, has provided funding on a continuing basis for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. This funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. ^ Considerations: FEMA has awarded $1,047,900 to VA-TF2 for support of ongoing expenses for an eighteen-month period from May 1, 2010 through October 31, 2011. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This preparedness grant continues funding for 3.25 FTEs previously approved by City Council in the current FEMA cooperative agreement grant including 2 full-time positions (FEMA Program Manager and Account Clerk) and 2 part-time positions (Training Manager and Logistics Manager -Total of 1.25 FTE). Because the 3.25 FTEs are grant-funded positions, they do not appear in the recently adopted FT2011 Operating Budget. By accepting and appropriating the grant funds from FEMA, the 3.25 FTEs will be funded for the duration of the grant. Additionally, the grant provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. This level of funding is critical to its continuity as a viable program. ^ Public Information: Public information will be handfed through the normal agenda process. ^ Recommendations: Accept FEMA grant and appropriate $1,047,900 for management and maintenance of Virginia Task Force 2 Urban Search and Rescue team including full funding for the existing 3.25 FTEs. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager S /~ ~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM FEMA FOR CONTINUED 3 OPERATION OF THE VIRGINIA TASK FORCE 2 4 URBAN SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) Funds are hereby accepted from the U.S. Department of Homeland 10 Security, Federal Emergency Management Agency for the FY 2009-10/2010-11 11 Cooperative Agreement Grant for continued operation of the Virginia Task Force 2 12 Urban Search and Rescue Team in the amount of $1,047,900, and appropriated, with 13 estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget 14 of the Fire Department. 15 16 2) That 3.25 positions, including two full-time positions (FEMA Program 17 Manager and Account Clerk) and two part-time positions (Training Manager and 18 Logistics Manager totaling 1.25 FTE'S), are approved and maintained in the FY 2009- 19 10 and FY 2010-11 Operating Budgets of the Fire Department, provided, however, that 20 these new positions are conditioned upon continued grant funding for the duration of the 21 grant. 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 ~~ V , Management Services Approved as to Legal Sufficiency City rney's i CA11528 R-2 May 26, 2010 ,ASSS' "'"'_ i~ ~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish the Chesapeake Beach Sand Study Capital Project and to Transfer $150,000 to the Chesapeake Beach Sand Study Capital Project MEETING DATE: June 8. 2010 ^ Background: Portions of Chesapeake Beach continue to suffer long-term erosion and are in need of beach replenishment. There are significant questions to be answered before the City can consider adopting a beach replenishment program for Chesapeake Beach. One such question is whether a suitable source of sand is located in the near shore waters of the Chesapeake Bay. This sand study will provide geotechnical exploration of the near shore waters, along with laboratory analysis, and will help determine if a viable sand source is available. ^ Considerations: This sand exploration is necessary to evaluate the feasibility of a potential program for beach replenishment for Chesapeake Beach. Without this information the program cannot be fully scoped for formal consideration. The attached ordinance establishes Capital Project #8078, Chesapeake Beach Sand Study for this study and funds the Project in the amount of $150,000 from the General Fund Regular Reserve for Contingencies. After this transfer, the balance in the Reserve will be $298,886. ^ Public Information: Public information will be handled through the normal City Council agenda process. ^ Alternatives: No other funding is available for this study. Without the study and the resulting information, any further consideration of a potential beach replenishment program for Chesapeake Beach would have to be based on broad assumptions. ^ Recommendations: It is recommended that City Council adopt the ordinance establishing a capital project for the Chesapeake Beach Sand Study and transferring $150,000 from the General Fund Reserve for Contingencies to the project to fund the study. ^ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works/Engineering ~~}'~ City Manager: k , ll+~ V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ESTABLISH THE CHESAPEAKE BEACH SAND STUDY CAPITAL PROJECT AND TO TRANSFER $150,000 TO THE CHESAPEAKE BEACH SAND STUDY CAPITAL PROJECT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The Chesapeake Beach Sand Study capital project (CIP #8078) is hereby established in the Capital Budget; and 2. $150,000 is hereby transferred from the General Fund Regular Reserve for Contingencies to the Chesapeake Beach Sand Study (CIP #8078) to fund the study. 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 ~'~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: i rney's ice CA11529 R-1 May 26, 2010 K. PLANNING Application of the VIRGINIA BEACH CITY PUBLIC SCHOOLS/WEST NECK, LLC, for a Change of Zonin~iDistrict Classification from R-10 Residential District to AG1 Agricultural District at 2657 West Neck and North Landing Roads to construct a new high school that will replace the existing Kellam High School located on Holland Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 2. Application of TOMMIE C. HERRING/THE RUNNYMEDE CORPORATION for a Conditional Use Permit to convert a retail facility into a church at 120 South Plaza Trail. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL 3. Application of HARVEST OUTREACH MINISTRIES, INC. for Modification of Conditions 1 and 2 (approved by City Council on March 25, 2008) for a church at 3312 Dam Neck Road DISTRICT 7 -PRINCESS ANNE DEFERRED MAY 25, 2010 RECOMMENDATION APPROVAL 4. Application of NEW LIFE PRESBYTERIAN CHURCH for Modification to extend Condition 4 (approved by City Council on November 12, 2002) at 3312 Dam Neck Road to allow for the use of a modular unit not to exceed an additional five (5) years from the date of this approval. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL 6. Application of URBAN-X-CHANGE II INC. -MATTHEW HUTCHINSON/ LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo, permanent make-up and body piercing establishment at 829 Lynnhaven Parkway. DISTRICT 3 -ROSE HALL RECOMMENDATION APPROVAL ~~,:~; $~~`~ ~' tt~~ NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, June 08, 2010, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE DISTRICT Virginia Beach City Public Schools/West Neck, LLC Application: Change of ZoninEr District Classification from R-10 Residential to AG-1 Agricultural at 2657 West Neck and North Landing Roads approximately 300 feet east of Castle Gate Lane. Comprehensive Plan: Transition Area. Purpose: Removal of proffered residential development plan from site. ROSE HALL DISTRICT New Life Presbyterian Church Application: Modification of Conditions (approved by City Council on November 12, 2002) at 3312 Dam Neck Road. DML Designs, LLC T/A Godspeed Tattoo/Jettellis, LLC Application: Conditional Use Permit for a tattoo parlor at 3795 Bonney Road. Urban-X~hange II Inc. - Matthew Hutchinson/Lynnhaven Crossing Application: Conditional Use Permit for tattoo, permanent make-up and body piercing establishment at 829 Lynnhaven Parkway. Tommie C. Herring/The Runnymede Corporation Application: Conditional Use Permit for a church at 120 South Plaza Trail. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk x~ Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbeov.com/oc For information call 3854621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 385.4303. Beacon May 23 & 30, 2010 21365585 ~~"%~..,y', 7~ > 4`` ~kw~~ j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST NECK, LLC, Chance of Zonine District Classification, R-10 Residential District to AG-1 Agricultural District, 2657 West Neck Road and a parcel located on the south side of North Landing Road approximately 300 feet east of Castle Gate Lane (GPINs 1493792102; 1493505009; 1494600093). PRINCESS ANNE DISTRICT. MEETING FSATE: June 8, 2010 ^ Background: The applicant proposes to rezone the site, zoned R-10 Residential, to AG-1 Agricultural, returning the zoning to its former category, for the propose of constructing a new high school that will replace the existing Kellam High School located on Holland Road. Virginia Beach City Public Schools (VBCPS) underwent a lengthy site selection process for the relocation of Kellam High School. Through a process of elimination, the subject site was selected. This property was previously the location of a proposed residential development of 108 single-family dwelling units. Once the site was selected, a process was developed by VBCPS to involve the community and stakeholders. This process included neighborhood and community association meetings, discussions with local farmers, landowners and environmentalists, partnering with Kellam High School staff and students, as well as with local leaders recognizing the agricultural heritage of the area. Prior to the applicant's professional design team beginning drawings for this proposal, a series of site design and building design charrettes were held. The applicant invited representatives of the neighboring residential developments, adjacent property owners, as well as City staff and school members to participate in a series of meetings relating to the design of the new Kellam High School. ^ Considerations: The site will have two access points on West Neck Road, aligning with ingress- egress features developed or planned for a planned development on the east side of West Neck Road. Landscape buffering varies in width along West Neck Road, and the school itself is positioned over 500 feet from the road. Faculty and staff parking is separated from student parking, with both set back from West Neck Road but convenient to the school building and athletic facilities. Bus Virginia Beach City Public Schools/VVest Neck LLC Page 2 of 2 parking is located in the rear. Athletic facilities surround the school building with parking nearby for those spectator activities. Existing mature trees will remain and additional buffering will be provided adjacent to residential areas. The proposed school facility will be a two-story LEED (Leadership in Energy and Environmental Design) certified building. It will house 2,000 students and 125 faculty and staff members. In addition to a building of approximately 300,000 square feet, the site will include parking, bus queuing area, football stadium, combination track and field area, baseball and softball diamonds, fields for soccer, field hockey and band practice. Additionally there will be tennis and hard surface play courts. This request represents a major change from a previously approved private residential development plan to a public use. Staff compared the relative differences of the adaptive re-use of the site. This proposal retains the sensitivity to the issues of the adjacent neighbors while functioning well for the students and faculty. The plan preserves a majority of the treed areas for buffering of properties, as well as for use by the school as potential outdoor teaming sites. There was no opposition to the request. ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1, 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. ~ l~l~t~ 1-12.13 inia Beach 1 May 12, 2010 Public Hearing v ~itb Area 2 AG1 i5 0"~~"L~r __~. '2w~M/~1/~CaAlrOdin APPLICANT: VIRGINIA BEACH CITY PUBLIC ,, '~''~ ~ SCHOOLS :;~ ~' ~ ~. '~ PROPERTY OWNER: ,:, ,.: ~ y,.. ;. AG1 ~~~ ~~ `'A~, WEST NECK LLC .. MCI ~ ~~ Ionfng Change from R-f0 (PDM) to AG•1 STAFF PLANNER: Karen Prochilo REQUEST: Change of Zoning (R-10 Residential District to AG-1 Agricultural District) ADDRESS /DESCRIPTION: West side of West Neck Road, 380 feet south of North Landing Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14937921020000 PRINCESS ANNE / 7 108.8 acres Less than 65 dB DNL 14946000930000 14945050090000 SUMMARY OF REQUEST The applicant proposes to rezone the site, zoned R-10 Residential, to AG-1 Agricultural, returning the zoning to its former category, for the propose of constructing a new high school that will replace the existing Kellam High School located on Holland Road. The site will have two access points on West Neck Road, aligning with ingress-egress features developed or planned for a planned development on the east side of West Neck Road. Landscape buffering varies in width along West Neck Road, and the school itself is positioned over 500 feet from the road. Faculty and staff parking is separated from student parking, with both set back from West Neck Road but convenient to the school building and athletic facilities. Bus parking is located in the rear. Athletic facilities surround the school building with parking nearby for those spectator activities. Existing mature trees will remain and additional buffering will be provided adjacent to residential areas. The proposed school facility will be a two-story LEED (Leadership in Energy and Environmental Design) certified building. It will house 2,000 students and 125 faculty and staff members. In addition to a building VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST NECK ~.LC is `Agenda Item 1 Page 1 of approximately 300,000 square feet, the site will include parking, bus queuing area, football stadium, combination track and field area, baseball and softball diamonds, fields for soccer, field hockey and band practice. Additionally there will be tennis and hard surface play courts. This proposed school will be the first in the nation to draw upon the Sustainable Sites Initiative and will serve as a case study for intelligent site development for schools located in agricultural areas. There will be continuing coordination with the Department of Parks and Recreation regarding multi-purpose trail connectivity and open space. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Partially developed residential site SURROUNDING LAND North: . North Landing Road USE AND ZONING: . Single-family dwellings and vacant parcel / AG-1 and AG-2 Agricultural Districts South: . Undeveloped wooded parcel / AG-1 and AG-2 Agricultural Districts East: . West Neck Road • Single-family dwellings, church, proposed office development / AG-1 and AG-2 Agricultural Districts and O-1 Office District West: . Single-family residential development (Victoria Park) / R-20 Residential District NATURAL RESOURCE AND The site is located within the Southern Watersheds Management Area. CULTURAL FEATURES: Prior to the residential development, the site was primarily fallow agricultural fields with large wooded areas to the north and south. Some areas of non-tidal wetlands had been identified within the wooded areas. These areas of wetlands will remain undisturbed. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL .IMPROVEMENT PROGRAM (CIPI: West Neck Road in the vicinity of this proposal is a two-lane undivided minor suburban arterial. To the north of this site, West Neck Road widens to a four-lane divided section. There is a roadway improvement project in the CIP for West Neck Road. CIP Project #2.502 consists of three phases of interim safety improvements to West Neck Road as well as completing the design for ultimate improvements on West Neck Road. The three phases of interim improvements are fully funded, with the following statuses: - Phase 1: Installing a traffic signal at the intersection of West Neck Road and Indian River Road. A contract has been awarded and construction is anticipated to begin in mid-to-late May. - Phase 2: Widening the lanes and shoulders on a section of curves between the proposed Kellam High School site and Signature Drive. Construction was completed on August 28, 2009. - Phase 3: Straightening sharp (--90°) curve between Signature Drive and Indian River Road. The City is in negotiations with the designer and Public Works/Engineering and intends to have road construction coincide with the building of the Kellam High School. A project to construct the ultimate improvements for West Neck Road has not been programmed in the CIP as no funding is available. There is also no funding to complete the ultimate improvement design within Project #2.502, so plans remain at 35%. The 35% ultimate West Neck Road improvements were completed in August 2006 and show the following: - West Neck Road as a divided four-lane roadway from North Landing Road south to Signature Drive. - West Neck Road as a straightened, widened two-lane roadway from Signature Drive south to Indian River Road. - Bicycle lanes in both directions for the full length of West Neck Road from North Landing Road to Indian River Road. - 8' multi-use shared paths on both sides of West Neck Road for its full length from North Landing Road to Indian River Road. - A 45 mph design speed. Right-of-way acquisition has been completed for the Phase 1 and 2 interim improvements. Right-of-way acquisition will be required for the Phase 3 interim improvement and will be required in the future for the ultimate improvements. TRAFFIC: Street Name present Volume present Capacity Generated Traffic West Neck Road 3,149 ADT 13,600 ADT (Level of Existing Zoning - Service "C") 1,120 ADT 15,000 ADT' (Level of 85 AM peak hour trips Service "D") 113 PM peak hour trips Proposed Land Use '3- 3,030 ADT 840 AM peak hour trips 580 PM eak hour tri s Average Daily Tnps ~ as defined by108 single family houses 3 as defined b 2,000 student hi h school Traffic Engineering has reviewed the Traffic Impact Study (TIS) for the Kellam High School Relocation, dated March 2010 by Kimley-Horn and Associates. Traffic Engineering substantially agrees with the assumptions and analysis presented in the TIS with the following summary of conclusions from the TIS: A. The TIS assumes for the opening year of the new school that Nimmo Parkway will be built. This assumption is based on the fact that Nimmo Parkway is included in the Princess Anne Road Phase I'V and Nimmo V projects. The Princess Anne Road project is currently advertised and scheduled to begin construction in mid-2010 and the Nimmo Parkway Phase V project is scheduled to be under construction in 2011. This assumption affects the trip assignment of buses and students at the North Landing/West Neck Road intersection. B. The TIS describes how the afternoon peak period for the high school (2:00-4:00 p.m.) occurs before the peak hour for West Neck Road (5:00-6:00 p.m.), meaning that the school will have very little impact on the true peak hour for traffic using West Neck Road. C. The TIS shows that in the 2015 high school opening year, West Neck Road will operate at a Level of Service C during the afternoon peak hour. D. The intersection analysis in the TIS shows that all of the signalized intersections along North Landing in the study area will operate at acceptable levels of service with Kellam High School located on West Neck Road. The TIS indicates that there may be some delays at the school entrances during the morning and afternoon load/unload peak periods, but these 15-30 minute periods are typical for this type of land use and will be mitigated to some extent by school crossing guards. E. The TIS describes and graphically shows roadway improvements to West Neck Road that will be built with the new Kellam High School. These roadway modifications are intended to improve the traffic safety and capacity on West Neck Road in the area of the proposed school site. These improvements include adding a second through lane in each direction and a raised median on West Neck Road to the southern school property line, adding left and right turn lanes on West Neck Road at both of the proposed access points, and separate right and left turn lanes on the school exits to West Neck Road. School Zone flashing beacons will be added with the school project to slow traffic on West Neck Road during the morning and afternoon loading and unloading periods. Traffic Engineering provides the following comments regarding TIS recommendations: For the intersection of North Landing and West Neck Road, a recommendation should be made to extend the existing westbound left turn lane in the available pavement on North Landing Road. This improvement will be critical in the interim period after the school is opened and before Nimmo Parkway Phase V is completed. The improvement can be completed by removing the existing gore markings and replacing them with the extended left turn lane markings. Traffic Engineering recognizes that in this interim period, the westbound left turn lane may still queue up into the through lane during the peak 15 minutes of school traffic arrival. 2. For the proposed north driveway/West Neck Road intersection, Traffic Engineering would like to comment that negotiations are ongoing between Public Schools, Public Works and the property owners to the east in the vicinity of the proposed median break so that shared access to the proposed median opening can be explored. WATER: This site must connect to City water. There is a 12-inch City water line in West Neck Road. There is a 16-inch City water main in North Landing Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #636 and the sanitary sewer collection system is required to ensure future flows can be accommodated. No buildings can be constructed over the existing gravity sanitary sewer line on the site currently. Relocation of the existing gravity sanitary sewer may need to be done depending on the building location. There is an 8 inch City gravity sanitary sewer in an easement transecting the site. There is a 12-inch to 16-inch City gravity sanitary sewer main and a 10- inch City force main in West Neck Road. PARKS and RECREATION: The previously approved residential development plan depicted a perimeter trail through the wooded area on the south side of the property. This trail was to connect the neighborhood of Victoria Park to West Neck Road. Victoria Park has indicated that they are no longer in support of the trail connection; however, the Department of Parks and Recreation recommends the opportunity for a future trail be maintained since neither sidewalks exist along North Landing Road nor are there plans to improve the road and install sidewalks. VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST NECK~LC 'Agenda Item 1 Page 4 Tennis courts proposed for the site will be for public use and will be lighted. DEVELOPMENT SERVICES CENTER: Based on the previously approved development for this site, stormwater management facilities and a portion of the underground storm drain system have been installed on the subject site to serve the adjacent residential development. The conceptual plan indicated a structure over an existing 48-inch storm drain pipe and proposed athletic fields and parking lots over the location of existing retention ponds. Clarification of these issues will need to be addressed at the time of site plan review. EVALUATION AND RECOMMENDATION Virginia Beach City Public Schools (VBCPS) underwent a lengthy site selection process for the relocation of Kellam High School. Through a process of elimination, the subject site was selected. This property was previously the location of a proposed residential development of 108 single-family dwelling units. Once the site was selected, a process was developed by VBCPS to involve the community and stakeholders. This process included neighborhood and community association meetings, discussions with local farmers, landowners and environmentalists, partnering with Kellam High School staff and students, as well as with local leaders recognizing the agricultural heritage of the area. Prior to the applicant's professional design team beginning drawings for this proposal, a series of site design and building design charrettes were held. The applicant invited representatives of the neighboring residential developments, adjacent property owners, as well as City staff and school members to participate in a series of meetings relating to the design of the new Kellam High School. The points of view from the various groups pertaining to building and athletic field placements, buffering, sustainability, noise, lighting, bus loading, parking, and access led to a final conceptual plan that the majority were able to support. This request represents a major change from a previously approved private residential development plan to a public use. Staff compared the relative differences of the adaptive re-use of the site. This proposal, retains the sensitivity to the issues of the adjacent neighbors while functioning well for the students and faculty. The plan preserves a majority of the treed areas for buffering of properties, as well as for use by the school as potential outdoor learning sites. Access to the site was coordinated with the proposed office development and the church on the opposite side of West Neck Road. The church and office development are working to consolidate an entrance with assistance from the school to allow access to a median break at one of the school entrances. The proposal allows for the opportunity of VBCPS partnering in improvements to West Neck Road. In sum, Staff recommends approval of this rezoning. While arguably, this may not be the best location for a new high school, it does offset impacts looming as part of a previous residential rezoning. An extensive public involvement process and thoughtful site design and architectural approach has resulted in a plan which can be supported. It is important that as the development processes move forward, the internal ,. ! VIRGINIA BEACH CITY PUBLIC SCHOOLS / WEST NECK-~.LC `Agenda Item 1 . Page 5 property lines be vacated prior to site plan approval and that VBCPS continue to coordinate with the Department of Parks and Recreation regarding the opportunity for trails or sidewalks where appropriate, as well as the public use of athletic facilities. NOTE: Further conditions maybe 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 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 ofPlanning /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 (OPTED) concepts and strategies as they pertain to this site. VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST NECK PLC ~~-genda Item. 1 :.Page, :6 ~~ AERIAL OF SITE LQCATION VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST NECK LLC Agenda Item 1 Page 7 l~ ~~ \ `~ ~ ` _ {{~~,, r.~ n~ Q,, ~ ~,(~ ~~ 7"'r ~ j~ ~~ a ~. .~ mss. - ; ,~ )It +~ ~ ~~ ~y~ r f' t ~ ~ .~ .. .. , :1 ~ t' ~ ~_ e ~~ t ..- ~ ~' '~~~ c r~Q3 .,, ~t - ~. \~? s - ...,j. i ~ .-. - s ~ ... 4r Fand1Y R Staff . 'rte ~.r 4 ~ (I` 1.. K£ J ~~. VL.I_L_ 1 tV E »~ ~•~. a ~ , : ~ a O~ -~~ ~ ~ ~ _-- 2 ~. ,~._, ~' yam..... ~ O Rs,~ . t ~.'.' \~ .~ ~~~. ,~ r. '~ 1 . ',.~. `~ t PROPOSED SITE PLAN VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST NECK LLC Agenda Item 1 Page 8 ~iap I-1?,13 G1 Vii•ffinia Beach r,,. ,~ ~ V ~2 ~'' f~_ ~ ~.,_ ~~~ , ~}~ 02 ~e A~, ~n Y / ~-' ~ 1~ ~ ~'- fir; ,ACz1 i~~. ~~ ,: ~j~ ~~ -: ~ . , r .(.. ~p~`- nn'~~s '~~~* =--E ,, ~~ ~~ ~~~:~ AG1 i' ~ * .! ,i ,; AG1 s +a ~.+4's~:'h: `Zoning wiM Conditions Proffers Zoning Change from R-10 (PDH) to AG-? 1 04/08/08 Conditional rezonin from AG-2 to O-2 Granted 2 10/10/06 Conditional rezonin from AG-2 to O-1 Granted 3 08/24/04 Conditional rezonin from AG-1/AG-2 to R-10 Granted 4 03/04/03 Conditional rezoning from AG-1/AG-2 to R-30 with a Conditional Use Permit (open space promotion Granted 5 07/03/01 Conditional Use Permit (preschool / da care) Granted 09/09/97 Conditional Use Permit church/ da care) Granted 6 05/11/99 Conditional rezoning from AG-2 to P-1 and PDH-1 Granted ZONING ~-11STORY VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST-NECK LLC ~4genda Item 1 Page 9 tJtSGLOSURE STATEMEtrtT APPLICANT DISCLOSURE if the applicant is a corporation, partnership, firm, business, or other unin~rporated organization, complete the fallowing: 1. t.ist the applicant name followed by the names of afl officers, members, trustees, t b l par ners, etc. e ow: (Attach list if necessary} 2. List atl businesses that have aparent-subsidiary' or affiliated business entity? relationship with the applicant: (Attach list if necessary} E ~~ ' ,.,,~ I.l Check here 'rf the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER QISCLOSURE ~ Complete this section only if property owner is different from applicant. ""'~~ t# the property owner is a corporation, partnership, firm, busi~ss, or offer unincorporated organization, complete the following: 1. List ttte property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Aifach list if necessary} 2. List all businesses that hav r - ' ~~ e a pa ent subs~d~ary or affiliated business entity2 relationship with the applicant: {Attach list if necessary} ._., t~ ~hec~c #tere if the property owner is NOT a corporation, partnership, arm, business„ or other unincorporated organization. & See next pegs for footnotes ' Does an official or employee of the Cit of Virginia Beach have an interest in the subject land'? Yes No if yes., what is the name of the officio( or employee and the nature of Their interest? ~i- 1 ~e-,~ ~5 ~a~ 9 0{ , VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST NECK LLC Agenda Item 1 Page 10 z 0 V a a C7 z z 0 N DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, finanaal services, accounting services, and legal services: (Attach list if necessary) W ~~~Y ~~ ~ ' 'Parent-subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. s '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 anti ty, (ii) a controlling owner in one entit y 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 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 s hare activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postprd) that the application has been scheduled for public hearing, l am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to tlfe sd~eduled public hearing according to the instructions in this package. The underAjgned also consents to entry upon the subject properly by employees of the Department of Pla i to ptx>~ograph and view the site for purposes of processing and evaluating this application. Pn'nt tame ~~~ ~ ~~~ Print Name Rezonlrg Application Page 10 of 10 Revised 71/11!06 -x:..,a , VIRGINIA BEACH CITY PUBLIC SCHOOLS /WEST NECK:~LC '` agenda Item 1 Page 11 Item # 1 Virginia Beach City Public Schools Change of Zoning District Classification 2657 West Neck Road and a parcel located on the south side of North Landing Road District 7 Princess Anne May 12, 2010 REGULAR Joseph Strange: Now we will address the remaining matters on our agenda. I have asked the Secretary, Commissioner Al Henley to call the first item. AI Henley: The first item to be heard is item 1, Virginia Beach City Public Schools. An application of Virginia Beach City Public Schools for a Change of Zoning District Classification from R-10 Residential District with PD-H2 Overlay to a AG-1 Agricultural District on property located at 2657 West Neck Road and a parcel located on the south side of North Landing Road approximately 300 feet east of Castle Gate Lane, District 7, Princess Anne. The first speaker that we have is Mr. Tony Arnold. Tony Arnold: Good afternoon. My name is Tony Arnold, Director of Facilities for Virginia Beach City Public Schools. I have with me today Mike Ross, Principal in charge with HBA Architects, and Billy Almond, also a principal in charge with WPL, a local land planning and landscaping firm. I think it is worth noting that this design team is the same design team that just finished the Virginia Beach Middle School replacement down at the Oceanfront. We've got a quality design team with us. Also in the audience today, I've got John Kalocay, Assistant Superintendent for Virginia Beach City Public Schools, and Don Bauman, our staff architect. I'll try to be brief, and I'll talk a little bit about our application. Most of you know, and it was talked about this morning in the informal session that the site selection process for this site lasted really about two years. You got two members of your Commission that serve on the school site selection Committee, Ms. Katsias and Mr. Henley. You also got two school board members, two Council members, the Superintendent, and the City Manager. The site selection committee did consider 7 or 8 different sites over the past two years for the Kellam High School replacement project. I think that Committee does good work. It has been a Committee that has been place for abetter part of two decades, and has been responsible for every school site acquisition in this city over the past twenty years. So, they do good work. I'll talk to you a little bit about public input. Since the School Board voted in December to acquire this piece of property, we've had about a half dozen public input meetings, two out of West Neck with the villages out there. There was a meeting with the Courthouse Estates Civic League, the Indian River Plantation Civic League, and Courthouse area civic league. And we also had a general meeting for all of the citizens who are not affiliated with the civic league at Kellam High School. In addition to that, we held design Charettes that you mentioned this morning. We have a design Charette for the building. This Charette was facilitated by Mike Ross, the architect but more importantly for this application we had a design Charette for the site. It was also administered by Mike. We invited members of the community, neighbors that adjoin this property. Victoria Park was represented by two gentlemen Item # 1 Virginia Beach City Public Schools Page 2 Mr. Horsley represented you. We had members of the Planning staff, neighbors and residents that live on North Landing Road, so I felt like we had a real good representation from the community at large as it relates to this particulaz project. And that Committee actually designed the site plan that you see up there today. It is a similar process that we use at Virginia Beach Middle School very successfully. And, I think the product of that design Chazette process has presented us, and has presented you with, what we feel like is a good site plan. We talked a little bit about the project. First, I think the evaluation from your Planning staff is very fair and very balanced. This is a $102 million dollaz capital project. It is funded over our six yeaz capital program. Financially, it is the single lazgest capital project in the history of the school division. The building will be approximately 300,000 square feet, two stories. It will be designed sustainably as a minimum LEED gold high school. It is the first LEED high school facility that we designed and built in the school system, and the first in this region. The building and it was something that was not mentioned in your write-up, will also be the first public building designed as a true hurricane shelter. It is designed to withstand a Category II hurricane. We think that is extremely important particulazly in this part of the City. You have a lazge contention of retired folks that live in West Neck, so this will be the first public building that is truly designed to withstand a Category II hurricane. We think the site design committee did a very good job positioning all of the fields, all of the pazking. You will see on the site plan that they went to great lengths to protect the existing stand of trees between the school site and the adjacent property to the south, as well as the existing stand of trees that adjoin the properties on the reaz side of North Landing Road. We also will be providing buffering between the school site, and the existing neighborhood at Victoria Park. All and all, the site plan represents the collaboration of a lot of different stake holders, with a lot of different point of view. And we think the product is something we will be proud of when it gets built. And in closing, I will talk really quickly about West Neck Road. We did do a Traffic Impact Study. We did that in coordination with your Traffic Engineering Department. Rick Lowman helped us with the assumptions. I think he agreed with the results of the Traffic Impact Study. You will see on site that we do a good job of sepazating caz and bus traffic. There are two different median breaks coming in to the school. People have a hazd time distinguishing between the old Kellam High School, and the traffic that surrounds the old Kellam High School. That is a perfect example of how not to do a high school. You're going to have difficult time getting in and out of there at 7:20 in the morning, and 2:00 in the afternoon. I personally live in Rolling Wood, and I know there are certain times of the day where I just won't go neaz Kellam High School. This particulaz site plan does a very good job of sepazating caz and bus traffic, providing adequate stacking on the school site, so that people with cazs, bus can get in and out safely. In addition to that along our entire 1,500 foot of frontage on West Neck Road, we will be provided four-lane divided highway with separate right and turn lanes to both of our entrances. We will also be providing an 8-foot wide multi-purpose trail along this entire frontage. We will be providing wide outside lanes that aze two feet on both sides for back traffic. We're also working across the street with the church and the adjacent property owner. A rezoning that you heard about a yeaz ago, working together with them to try to form a shazed entrance that will minimize the amount of curb cuts. And, finally, the city has a Phase III Safety Improvement that is scheduled for West Neck Road. The first Phase was done last summer. You may recall that West Neck was called for a short period. They shouldered the lanes just south of this property. The second Phase is starting construction. It involves a signalization of West Neck and Indian River Road, and there is a third phase that will soften the Item # 1 Virginia Beach City Public Schools Page 3 final sharp curb before you get to Indian River Road. We've coordinate that with the Public Works Department, and we will be building that as part of our project. Finally, schedule wise, we're scheduled to design site work construction on this project towards the end of the year. We will issue a separate early release site package where we will attempt to finish all of the improvements in the right-of--way before we start building. Construction schedule starts this spring 2011 with this project scheduled to finish up in the spring 2014. That completes my presentation. I'll be happy to answer any questions the Commission might have. Thank you. Joseph Strange: Thank you Mr. Arnold. Are there any questions? Thank you very much. Tony Arnold: Thank you. Al Henley: There are no other speakers. Joseph Strange: T11ere is no opposition to this item. I'm going to open it up for discussion among the Commissioners. Donald Horsley: Mr. Chairman, I guess I need to lead off since I was involved in this process. I was asked to serve on the Site Committee where we arranged the actual foot print of all of these facilities that you see on there. We didn't design the building but we arranged it on there, as well as members of the Planning staff. It was a very interesting process. I really enjoyed it. But I think we come up with a very good arrangement of how the school is laid out on the property that we had to deal with. We were challenged to try and save as much of the treed area as possible, and think we did that. This is a LEED school, which is a very environmental friendly campus or will be. And, I think the planners have done an excellent job of helping to put this together. And I appreciate the opportunity to serve there. I think they did an outstanding job of trying to buffer the Victoria Park citizens from the school. There was a concern among those folks. They are not here to oppose so I guess their concerns have been met Tony, as much as possible. So, I'm assuming that is all squared away. I think this is going to be something that the City is going to be proud of when it is completed. It may not have been the site that some people wanted in the beginning but I think it is going to be a nice amenity to the area. I think it is going to blend well with the rural end of the City, and the road improvements along West Neck aze greatly needed. I think it will help get those improvements moving along. I don't have any other comments other than I'm looking forward to seeing the project completed. When you're ready for a motion I`11 be ready to make one. Joseph Strange: Mr. Henley? Al Henley: Thank you. Unfortunately, I will not be able to support this application today for a number of reasons. Primarily, I personally do not believe that this is the best site to be selected for this school and the location. However, I will make this statement. As Mr. Arnold clearly stated, there was a lot of good professional people, and very dedicated people. I had the honor of serving on the Site Selection Committee, and I thoroughly enjoyed the process. I will say that this school is a beautiful design. It is a LEED school, and I believe the faculty and the students alike will take a great deal of pride in attending this beautiful facility. Thank you. Item # 1 Virginia Beach City Public Schools Page 4 Joseph Strange: Thank you Commissioner Henley. Commissioner Redmond? David Redmond: Very briefly. The question about the site notwithstanding, and I was thinking to myself, as we were looking at this, pretty much every time we see Mr. Arnold or someone from the schools here, we see something that very unusual and forward looking and thoughtful. I want to thank you for that, and compliment you for it. I feel like we are enormously well served, and I bet you that Virginia Beach is in the fore front of environmental design and construction in regard to its public facilities, and certainly with its schools across the entire country. So, we're going to have conflicts. We're going to have compromises. We're going to have difficulties that go with site selection, any kind of site selection but I do think that we are very, very well served. And this looks to me that it is going to be an incredible facility. A hundred million dollars is a lot of money. But we kind of expect that of you. And that is a lot to expect. So, anyway thank you for that. I think it is temfic work. If it is a windmill on top of the school or a green roof at Renaissance Academy or something, we've got it knocked. I think we are very fortunate in that regard. Joseph Strange: Thank you Commissioner Redmond. Commissioner Anderson? Janice Anderson: I just want to go off with what Dave has stated. The design team that Tony talked about is the same one that did Virginia Beach Middle School. I don't know if everybody has been able to see that site but they did a fabulous job there. And, so I'm very excited about this institute being the same caliber, and I do believe it will be a beautiful asset for the City of Virginia Beach. Joseph Strange: Thank you. Are there any other comments? I do want to say thank you very much Commissioners Henley and Katsias for your service on this committee and all the other committees Mr. Horsley. And I am ready for a motion. Donald Horsley: Mr. Chairman, I move to make a motion that we approve the application of Virginia Beach City Public Schools for the Kellam High School site as submitted. Joseph Strange; A motion made by Mr. Horsley and seconded by Ms. Katsias. We're ready for a vote. AYE 10 NAY 1 ANDERSON BERNAS FELTON HENLEY HORSLEY KATSIAS LI VAS REDMOND RIPLEY AYE AYE AYE NAY AYE AYE AYE AYE AYE ABS 0 ABSENT 0 Item # 1 Virginia Beach City Public Schools Page 5 RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-1, the application of Virginia Beach City Public Schools has been approved. ~N~. ~y., ~~~-- ~~~ 4~~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TOMMIE C. HERRING /THE RUNNYMEDE CORPORATION, Conditional Use Permit, church, 120 South Plaza Trail. ROSE HALL DISTRICT. MEETING DATE: June 8, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow use of the site for a religious facility. The applicant desires to convert the existing building, previously used for a retail store and a post office, into a church. ^ Considerations: There are typically 42 individuals attending services on Sunday; the Zoning Ordinance's parking regulations require 20 parking spaces for this size church. The site contains 48 parking spaces and two handicap accessible parking spaces. Religious services are conducted on Sunday from 11:00 a.m. to 3:00 p.m. and Wednesday from 7:00 p.m. to 9:00 p.m. The facility will also offer after- school tutoring on Mondays from 5:30 p.m. to 7:00 p.m. On Friday evenings from 7:00 p.m. to 9:00 p.m., the facility will offer a `family night.' On Saturday mornings, the site will be open for school-aged youth to attend sporting activities. 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 applicant shall obtain all the necessary permits and inspections from the Permits and Inspections Division of the Planning Department and the Fire Department required for the change of use in the building. A Certificate of Occupancy shall be obtained from the Building Official before use of the building as a religious facility. 2. The nonconforming free-standing sign shall be removed and replaced with a conforming free-standing sign, or may be altered to conform the requirements of the City Zoning Ordinance. Tommie C. Herring Page 2 of 2 ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAge~n/cy: Planning Department City Manager: l~ ~ ~'~Z ^w~~ ~ ~ ~~ Tomm ie C. Herri n g ti~ ~ '; ~ ,~ ~ ~_ .. ~~ 42{t ~ ~,~ ~ F ' . ~~ -- ~ ~ ,roCa r5 O r?~C~ ~i ~ ~ cu-+- Renpaus use REQUEST: Conditional Use Permit (Religious Use -church) ADDRESS I DESCRIPTION: 120 South Plaza Trail 9 May 12, 2010 Public Hearing APPLICANT: TOMMIE C. HERRING PROPERTY OWNER: TH E RU N NYM EAD E CORP. STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE- SIZE: AICUZ: 14878336190000 Rose Hall 36,625 square feet 65-70 d6 DNL Sub-Area 3 The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of the site for a religious facility. The applicant desires to convert the existing building, previously used for a retail store and a post office, into a church. There are typically 42 individuals attending services on Sunday; the Zoning Ordinance's parking regulations require 20 parking spaces for this size church. The site contains 48 parking spaces and two handicap accessible parking spaces. Religious services are conducted on Sunday from 11:00 a.m. to 3:00 p.m. and Wednesday from 7:00 p.m. to 9:00 p.m. The facility will also offer after-school tutoring on Mondays from 5:30 p.m. to 7:00 p.m. On Friday evenings from 7:00 p.m. to 9:00 p.m., the facility will offer a 'family night.' On Saturday mornings, the site will be open for school-aged youth to attend sporting activities. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A brick and block building most recently used as a retail store and post office with an associated parking area. SURROUNDING LAND North: Interstate 264 USE AND ZONING: South: A Verizon building / B-2 Business East: Multi-family dwellings / A-18 Apartment West: . South Plaza Trail • Across South Plaza Trail is a retail building / B-2 Business NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP1 /CAPITAL IMPROVEMENT PROGRAM (CIP1: The site is located on the east side of the South Plaza Trail and Boyd Road intersection, approximately 1,100 feet south of the signalized intersection of North Plaza Trail and Virginia Beach Boulevard. It has two access points to South Plaza Trail. South Plaza Trail is a two-lane undivided suburban minor arterial. Boyd Road is a two-lane local street. Neither appears on the Master Transportation Plan Map and there are no roadway Capital Improvement Program projects (CIP) in the site's vicinity. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Plaza Trail 12,463 ADT 13,600 ADT Existin4 Land Use -278 ADT (weekday) 128 ADT (Sunday) Proaosed Land Use 3- 58 ADT (weekday) 230 ADT Sunda Average Daily Trips gas defined by a retail store 3 as defined b a church WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMMENDATION The subject site is located within the Suburban Area, as designated by the Comprehensive Plan. The policies for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods of the area, as well as reinforcing and improving the suburban characteristics of commercial centers and other non-residential areas that makes up part of the Suburban Area. Achieving the goals of preserving neighborhood quality is obtained by promoting compatibility with surroundings, quality of site and buildings, attractiveness of site and buildings, improved mobility, environmental responsibility, livability and buffering between non-residential and residential development (Policy Document, p. 3-2). The re-use of this retail building for a church helps to aphieve n ,. _ TOMM~~\C. HERRING ,Agenda Iteim 9 Page 2 these goals by placing a use within a building that could instead be vacant for some time and provides the potential for reinvestment into the property with the potential to upgrade the overall quality of the site. Staff finds, therefore, that the proposal is in conformance with the Comprehensive Plan's recommendations for this area, and is compatible with the adjacent residential neighborhood as well as the business area to the south. Approval of the Use Permit subject to the following conditions is recommended. CONDITIONS 1. The applicant shall obtain all the necessary permits and inspections from the Permits and Inspections Division of the Planning Department and the Fire Department required for the change of use in the building. A Certificate of Occupancy shall be obtained from the Building Official before use of the building as a religious facility. 2. The nonconforming free-standing sign shall be removed and replaced with a conforming free-standing sign, or may be altered to conform the requirements of the City Zoning Ordinance. NOTE: Further conditions maybe 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 ofPlanning /Development Services Center and Department of Planning /Permits and Inspections Division, and fhe 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 (OPTED) concepts and strategies as they pertain to this site. TOMMIE~C. HERRING ~. agenda Item 9 `, ~ Page 3 .; - ~r ,, ~.t AERIAL OF SITE LOCATIORI TOMMIE G. HERRING Agenda Item 9 Page 4 j ML B. 40 P 85 1 . S 15°id'38"f ' ttootNarumlt iyt Oaie ~~ ~ ~ ~ar~tt wk httra t v - ~ ~~ t - , - ' ~.. -'~'~es"I- ., ~ ~ .'r.- ` O .~.~ K.s aas - ~ C 8 P TElEP1i0NE CQ ~ r O j '^ ~ s . c POST o-ft~ o / ~ f I n ~ - ~ cron w,k 4nte ./ 2 "~ ~ 1J • ... w~~y~ w ! -. ~i rr 1 :~s ~~~ ~~~. ~. ro~~°" .: . ,.;• 'k. i .-a .. e ' . ~ ~ _ } i ~ ~ ~ "1 k ~ wS r! _ t a ~ 4 ~ i T i k •~~ . T . ~~ f. ' • " ,' ~ X ri + ' ~~ ~ ~. PROPOSED SITE PLAN TOMMI`E C. HERRING Agenda Item 9 Page 5 . ~.: " ~, ,: 1 Y 3 ~ 3 » ~~ > ~. ~x •} ~. 1 ~ ~ }. !{ f f ~ ~ ~iTY. ~ 3 {~. LIY{ ~ r3:~ Iw. r. PROPOSED BUILDING ELEVATION TOMMIE C. HERRING Agenda Jtem 9 Page 6 i r ~' ~., ~, :~.~~ .. . AIap G'-? Tommie C. ~Ier•rin ..,,a Fvt.; ~o a-~;~~r - _ i ~ t '~_ ~. : _ ~ T ~~r ~ ~ 1 3 W 1 ~~.. ~ 4 5i ~ ~ ,~.%`:. ~~ Amt ,_ CJ ~~ ~v_ i ~ ~ ~ i i~ _... ~ ~-i- ^ I ~ ~Y ~'E -~- . T ~ ~ ~ t c ~ ~ ~ ~ ' t f 1 . 1-264 ; , 1 ; j ~~ I E~~ , ~ / t ~ '.. k E t E i { I I _ r < ' ~. C n -~ -~ ~.. 9 r° ,~ ~- ~ J~ F. \, ~ ~?"" ~ 7e ~ ~ ~ _ L ~ ... ~~~~ ~~~ ( ~~ t~F '~~~~ ~~ ~~'. ~ ~ ~~~ " ~ ' „ } Rig ~ ~ ~~ € l _ ~ . L Q '7 - y '•~f~ - !i ~ ~' ~ ~_ l I ~ y'" 55 66 CUP - Religlaus Use ZONING HISTQ~tY TOMMtE:C. HERRING Agenda item 9 Page 7 DISCLt)SURE STATENtENT APPLICANT DISCLOSURE if the applicant is a corporation., partnership, firm. business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all o#ficers, members. trustees, partners, etc, below: ,(Attach list if necessary) 2. list all ba~sinesses that have aparent-subsidiary' or affiliated business entity? relationship with the applicant: {Attach list if necessary) Check here if the applicant is NC?Ta corporation. partnership, firm, business„ or o#her unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this secfion only if property owner is different from applicant. if the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the property owner Warne followed by the names of all officers, members, trustees, partners., etc. below: (Attach list if necessary) r 2. list all businesses that have aparent-subsidiary' or affiliated business enti relationship with the applicant: (Attach list if necessary} Check here if the property owner is Nt?T a corporation, partnership, firm, business, or other unincorporated organization. & See next page for. footnates Does an official or employee of the C,~'ty 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? ~ontfila~ra! ~tse ~ermis.3~adtrsn a~a~~e ~ Qt ~~ ~C:Y4. 7~rx?% V a '~ w W c~ ~`- Z O E~=+ Z O V TOMMfE ~: HERRING Agenda Item =9 Page 8 z 0 c~ a °a w a w O F~ Z O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent-subsidiary relationship" means "a relationship that a xists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.° See State and Locat Government Conflict of Interests Act, Va. Code § 2.2-3101. s °Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity , (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, l am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also catsents to entry upon the sut~ject property by employees of the Department of Planning to photograph and view'the site for purposes of processing and evaluating thisLappeplication. iB.n~. Appli s Signature Print Name ~~ UP ~ . ~' Property Owner' Signature (if different than applicant) Print Name Conditlonal Use PermN Applicatbn Pape 100( 70 Revised 7/3/2001 Item #9 Tommie C. Herring Conditional Use Permit 120 South Plaza Trail District 3 Rose Hall May 12, 2010 CONSENT Jay Bernas: The next matter is agenda item 9. This is the application of Tommie C. Herring for a Conditional Use Permit for a church on property located at 120 S. Plaza Trail, District 3, Rose Hall. Is there a representative here on this application? Welcome. Please state your name for the record. Tommie Herring: Thank you. My name is Tommie C. Hemng. H-E-R-R-I-N-G. Jay Bernas: Are the conditions acceptable? Tommie Herring: Yes sir. Jay Bernas: Okay. Thank you. Tommie Herring: Thank you sir. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Thank you Mr. Bernas. Again, Tommie C. Herring is the applicant and has requested a Conditional Use Permit to allow the use of this site for a religious facility. The applicant desires to convert the existing building, previous used for a retail store and a post office into a church. Religious services will be conducted on Sunday from 11:00 am to 3:00 pm, and Wednesday from 7:00 pm to 9:00 pm. The facility will also offer after school tutoring on Mondays, and on Friday evenings the facility will offer a family night. On Saturday morning the site will be opened for school age youth to attend sporting activities. Once again, we reviewed the application, it meets all requirements. The staff is unaware of any opposition to this application and recommends approval. We concur with it. On a personal note, I feel this is a much needed facility in this area, and I think it will help a lot of the youth in the area. I appreciate them for putting this into this neighborhood. We asked that it be placed on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 9. Joseph Strange: Do I have a second? The motion has been made by Commissioner Bernas and seconded by Commissioner Katsias to confirm agenda item 9. We're not ready to vote. Item #9 Tommie C. Herring Page 2 AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON 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 agenda item 9 for consent. -39- Item L.2.c. ITEM # 57449 (Continued) PLANNING S. The applicant shall install atwenty-five (2S) foot landscaped buffer along the property lines. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. 6. A photometric lighting plan shall be submitted for review and approval with the final site plan submission to the Development Services Center. The lighting plan is to include height of poles located within the parking lot along with the location of all pole-mounted and building-mounted lighting fixtures. All fixtures shall be designed to prevent any direct reflection or glare toward adjacent uses or city streets. The plan shall also include the lamp types, wattage and type of fixture. Parking lot lighting shall use full cut-off factures. Lighting shall be directed down at the ground and not horizontally or up in the air. 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-fifth of March Two Thousand Eight Voting.• 10-1 Council Members Voting Aye: William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None March 25, 2008 -38- Item L.2.c. ITEM # 57449 PLANNING Attorney Stephen D. Lentz, represented the Harvest Outreach Ministries, Inc. on behalf of their Worship Center and Church Campus. A Conditional Use Permit for a proposed church on a portion of the property was denied on September 26, 2006. Since that time, the applicants have met with several City Council Members and staff. Revisions were incorporated in this new request. The revisions include purchase of another ten (10 acres on the east side of this property; therefore, all the improvements were moved to the north side of the proposed Indian River Road and allow for SO% open space, a significant portion of which ends up being treed property. There wi11100 feet of landscaped buffer along the property lines, right and left turn lanes on old Indian River Road and a 200 foot cue for traffic that goes into the parking lots on the proposed improvements. This church will be built in three (3) phases: Phase I is the construction of a 30, 000 square foot Education/Family Life Center. Once the sanctuary is completed, this building will be used as the Family Wellness Center and not for church services. Phase II is an 11, 700 square foot addition to the Education/Family Life Center building for additional classrooms. Phase Ill (in approximately 10 to 12 years) is the construction of a 23, 000 square foot church sanctuary with the ability to provide capacity for 1, 500 seats. There will be a total count of 448 parking spaces in Phase III. Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council ADOPTED Ordinance upon application of HARVEST OUTREACH MINISTRIES, Inc. for a Conditional Use Permit for a church ORDINANCE UPON APPLICATION OF HARVEST OUTREACH MINISTRIES, INC. FOR A CONDITIONAL USE PERMIT FOR A CHURCHRO30834260 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA Ordinance upon application of Harvest Outreach Ministries, Inc. for a Conditional Use Permit for a church on property located on the north side of Indian River Road, 675 Jeet west of Bridlepath Lane (GPINs 1483965395; 1483841803; 1483852479). DISTRICT 7 -PRINCESS ANNE The following conditions shall be required.• The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach, Virginia" Phases One, Two and Three prepared by Ivy Architectural Innovations, which has been exhibited to the City Council and is on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach, Virginia", prepared by Ivy Architectural Innovations, which has been exhibited to the City Council and is on file in the Planning Department. 3. The applicant shall strive for a minimum of fifty percent (SO%) open space on the site. 4. The applicant shall maintain a minimum of one hundred (100) feet of landscaped buffering, from Indian River Road. No parking is allowed in the buffered area. March 25, 2008 -56- Item M. S. PLANNING ITEM # 60000 Charles Bowdoin, 3313 North Landing, Phone.• 407-0560, represented himself and the Lonegrans, stating opposition re the LED signage and if it is utilized same would be turned off after the services. Mr. Bowdoin and some neighbors also objected to the turn lanes. One of the original problems was the back up of traffic on Indian River Road. The residents were also concerned re the stormwater runoff. When the entire 28-acres was utilized, the residents were assured the Ministry could contain the runoff with a stormwater retention pond (BMP) on the property. Now, the site is only 10-acres, their engineers had indicated only handling the water on the 10-acre site and the balance of the property diverted with ditches around the perimeter of the property. On the northwest corner of the 10-acre site, a septic drain field exists and this will more than likely be an above ground. The Lonegrans are concerned whether there may be any steps to contain that. This posed a concern re traff c. Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council DEFERRED for two weeks, until the City Council Session of June 8, 2010, re concerns, Ordinance upon application of HARVEST OUTREACH MINISTRIES, INC. for Modification of Conditions 1 and 2 (approved by City Council on March 25, 2008) at 3168 Indian River Road, GPIN.• 14838536720000 PRINCESS ANNE -DISTRICT 7. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: Item M.6 None May 25, 2010 neap G-13 M1AanAfnlln.Crafa Ht~l•t'PCf' ! l~~t~•Parh Minicti•1PC Till` C] G ~ i~ Modification of Conditions N~ ~ ~ s~ ti, ~~~ ~:- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HARVEST OUTREACH MINISTRIES, INC., Modification of Conditions, approved by City Council on March 25, 2008, 3168 Indian River Road. PRINCESS ANNE DISTRICT MEETING DATE: June 8, 2010 ^ Background: The applicant is requesting modification of Conditions 1 and 2 of a 2008 Use Permit for the development of the subject site for a church. The church has reduced the scope of the initial proposal. The two conditions refer to a plan that the applicant is no longer pursuing, and the requested mod cations refer to the new plans submitted by the applicant. The City Council deferred this item on May 25, 2010. ^ Considerations: The proposed use as modified will still provide a service to the communities in this area and the city as a whole. The reduction in scale will result in a corresponding reduction in impact to the area and to the public infrastructure, particularly traffic. The Department of Public Works /Traffic Engineering evaluated this new proposal and found that while the number of trips will be reduced, there will still be a need for tum lanes on Indian River Road. The specifics of the tum lanes are provided in the attached staff report. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with 1 abstention, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on March 25, 2008 remain in effect. 2. Condition Number 1 of the on March 25, 2008 Conditional Use Permit is deleted and replaced with the following: Harvest Outreach Ministries, Inc. Page 2 of 3 The site shall be developed substantially in accordance with the submitted site plan entitled °Harvest Outreach Ministries, Inc. Virginia Beach, Virginia Preliminary Site Plan" prepared by Pinnacle Group Engineering, Inc.. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 3. Condition Number 2 of the on March 25, 2008 Conditional Use Permit is deleted and replaced with the following: The building shall be constructed substantially in accordance with the submitted colored Front Elevation untitled and not to scale. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department ^ Attachments: Staff Review and DisGosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Ag`e/ncy: Planning Department City Manager: h • c 'V nia~ G13,_ H91•~'P.St Outreeach Ministries_ Inc. --- - ---- --- - - r~ - -- o ~.~. a _ ( ` I P ~ ~ -- ~~ - -- ; e p ' ~ ~ ~ q•'•% 1 ~~ ® ~n` AlodHlcaibn of CondlUons 19 April 10, 2010 Public Hearing APPLICANT /PROPERTY OWNER: HARVEST OUTREACH MINSTRIES, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for achurch -approved by the City Council on March 25, 2008. ADDRESS /DESCRIPTION: 3168 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14838536720000 PRINCESS ANNE 28.11 acres 70 - 75 dB DNL (ITA) SUMMARY OF REQUEST The applicant is requesting a modification to Conditions 1 and 2 of the 2008 Use Permit (listed below) due to a reduction in the scope of the initial proposal. These two conditions are requested for modification, as the conditions refer to a plan that the applicant is no longer pursuing. The requested modifications refer to the new plans submitted by the applicant. The Conditional Use Permit permitting a self standing church was approved by the City Council on March 25, 2008. The Conditional Use Permit has six conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach, Virginia" Phases One, Two and Three prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. HARVEST OUTREACH MIPt1STRIES, INC. ,Agenda Iterr~ 19 Page ~ 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach, Virginia", prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall strive for a minimum of 50 percent open space on the site. 4. The applicant shall maintain a minimum of 100 feet of landscaped buffering from Indian River Road. No parking is allowed in the buffered areas. 5. The applicant shall install a 25 foot landscaped buffer along the property lies. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. 6. A photometric lighting plan shall be submitted for review and approval with the final site plan submission to the Development Services Center. Lighting plan is to include height of poles located within the parking lot along with the location of all pole mounted and building mounted lighting fixtures. All fixtures shall be designed to prevent any direct reflection or glare toward adjacent uses or city streets. The plan shall also include the lamp types, wattage and type of fixture. Parking lot lighting shall use full cut-off fixtures. Lighting shall be directed down at the ground and not horizontally or up in the air. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site consisting of trees and cultivated field. SURROUNDING LAND North: Rural residential and cultivated farm fields / AG-1 ~ AG-2 USE AND ZONING: Agricultural Districts South: Across Indian River Road is rural residential / AG-2 Agricultural District East: . Rural residential and cultivated farm fields / AG-1 8~ AG-2 Agricultural Districts West: . Rural residential and cultivated farm fields / AG-1 8 AG-2 Agricultural Districts NATURAL RESOURCE AND A significant portion of the site is treed. There are no known significant CULTURAL FEATURES: cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in this area is a two-lane undivided minor suburban arterial. The Master Transportation Plan (MTP) ;: _ ~,, HARVEST OUTREACH MINISTRIES, :INC. :Agenda Item 19 P-,age 2 _., 4 designates this facility within the current Princess Anne /Transition Area and further classifies it as a Princess Anne Area Buffered Roadway within a 110-foot wide right-of-way. This application proposes lowering the use intensity for a church issued a Use Permit in 2008. Due to a 60 percent reduction in sanctuary seating, the smaller church will generate approximately 60 percent fewer trips than the originally approved church, but this will still be sufficient to require turn lanes on Indian River Road. Thus, Traffic Engineering recommends the following: • The right-turn lane shown on the submitted plan does not meet the minimum dimensions required by Department of Public Works Standards. The right-turn lane should have minimum storage and taper lengths of 100 feet each due to the 35 mph speed limit. • The left-turn lane should have 200 feet of storage with 200 feet taper and 245 feet transition. Additional comments will be provided during the site plan review process. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Indian River Road 4,200 ADT 13,600 ADT (Level of Original Proposal (weekday) Service "C") 915 ADT- weekday 3,600 ADT' 15,000 ADT' (Level of 2,780 ADT -Sunday (915 (Sunday) Service "D) Sunday Peak Hour Trips) Revised Proposal 3 - 366 ADT -weekday 1,110 ADT -Sunday (366 Sunda Peak Hour Tri s Average Daily Trips (2009) s as defined by 1500 seat church s as defined b 600 seat church WATER: City water does not front this site. City water is not available. The closest water line is approximately 4,000 feet to the east at Courthouse Estates. Health Department approval is required for private wells. SEWER: City sanitary sewer does not front this site. City sewer is not available. The closest sewer line is approximately 4,000 feet to the east at Courthouse Estates. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. However, the site is not within an existing pump station service area. Pump station analysis for a potential receiving pump station is necessary if this option is pursued. STORMWATER MANAGEMENT: At the time of site plan review, water quality, quantity, and drainage analysis and a master drainage plan for full development must be submitted. FIRE: An approved water supply capable of supplying the required water flow for fire protection may be required by the Uniform Statewide Fire Prevention Code. An approved automatic water supply may also be needed for a fire sprinkler system. A complete review will be done during the site plan review process. HARVEST OUTREACH MI~]1STRIES, :l~C: ~+A~enda Item ~ 9 Page.3 ~ ~ T~ ;1 :- ~, ' ~; EVALUATION AND RECOMMENDATION The Comprehensive Plan policies and Princess Anne Commons/Transition Area map identifies this property as part of the Interfacility Traffic Area (ITA) located between NAS Oceana and NALF Fentress. This site is impacted by the designated AICUZ noise contours 70-75 DNL. The proposed use is compatible in this area. In addition, the Plan policies state that properties located within the Transition Area's designated ITA south of the Southeastern Parkway alignment should be used for office, educational, institutional and other AICUZ compatible uses, (p. 4-12). The use of the site for a church is consistent with this recommendation. Since the proposed use as modified will still provide a service to the communities in this area and the city as a whole, this request is consistent with the recommendations of the Comprehensive Plan. Approval of the modifications to the Use Permit is recommended. CONDITIONS 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on March 25, 2008 remain in effect. 2. Condition Number 1 of the on March 25, 2008 Conditional Use Permit is deleted and replaced with the following: The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Inc. Virginia Beach, Virginia Preliminary Site Plan" prepared by Pinnacle Group Engineering, Inc.. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 3. Condition Number 2 of the on March 25, 2008 Conditional Use Permit is deleted and replaced with the following: The building shall be constructed substantially in accordance with the submitted colored Front Elevation untitled and not to scale. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department NOTE: Further conditions maybe 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 (OPTED) concepts and strategies as they pertain to this site. _. HARVEST OUTREACH MINISTRIES,I:NC: d4~enda Item 9 9 ~P~age 4 ~s e ,i ' ~ . i • ~ HARVEST OUTREACH MINISTRIES, INC. .Agenda-Item 1-9 Page 5 L ..,.n...-+.~ ~.., 4,.n.. ~~~ ~~~~ ~~a~~~ ~[ R Q ~~ ~ ~~~~ ~ ss I+_5~ F r i•~ • r r r r y ~ ~ 1 ~~ ~ ~ ~ ~ ~ P s R t~ ~ ia~ ~° ~ ~ ~ g ,~ ~ e ~ i~ ~~~ ~ ~~~ .~ ~e ~ ~Aplt E~ ~ i ~~ fl ~,~ ~ ,~ , ~ ~' ~ .1 PROPOSED SITE PLAN HARVEST OUTREACH MINISTRIES, INC. agenda Item 19 Page 6 f~ V Siy. ~' - t} y ~< S i~ L S ~ r~~ .~.~FT' .M ~' ~.~ '`! ~~ ~>~ 3: ...Q~ *~ S M . .l l yi: 'rn ~~ 4-r t ~ 1,~~y~ .R^-C .~ ~~~`^~ ~+.y" nn~e tttt1~,,E W j~ ~.1 ~•. PROPOSED BUILDING ELEVATION HARVEST OUTREACH MINISTRIES, tNC. Agenda Item 19 Page 7 ~~"'' ~'~~~ H~~r~-est +Qu~l•eacl~ l~~inistrie~, Inc. ---r--- - r- -__ -_ f__w: ~, ~ , ~ ~~ A ~ ~° ~ ~ i~`~ - - I ~ ~ ~J j ._~ i G~ ~,~ ~~ ~ iT~, Mc~dificatlon of Condlfions 1 09/26/06 Conditional Use Permit church Denied 2 02/10/04 Conditional Use Permit commercial kennel Granted 3 08/27/91 Conditional Use Permit church Granted 4 08/27/86 Rezonin from B-2 to AG-1/ AG-2 Denied 5 06/09/80 Rezonin from AG-1 to B-2 Granted ZONING HISTORY HARVEST OUTREACH MINfiSTRIES, INC: Agenda Item 19 Page 8 O ~--~ O .__.. A O V w O O ,--. V .--. w ~.-~ A O ©ISCLOSURE STATEMENT APPLICANT otsc~.osuR~ 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 aff officers, members, trustees, partners, etc. below: (Attach list if necessary) ~~ Harvest Outreach Ministries, inc., Archie Callahan, President, Lucius Chappell, Jr. SeciTreasurer, 'Kenneth Biease. Director Anthony Miller, Director...- _~__M~_-. ~..___,~_ 2. List ail businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach fist if necessary t<trA D Check here if the appfican# is NOT a corporation, partnership firth, business, or other unincorporated organization. PROPERfiY OWNER DISCLOSURE Cornpiete this section only !f property owner fs different from apply"canf. 1f the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name fofiowed by the names of all officers, members, trustees, parners, etc. below: (Attach list if necessary) N1A _______ _~._. - 2. List all businesses that have aparent-subsidiary or affiliated business entity relationship with the applicant: (Attach fist if necessary) NdA __ d Check here if the property owner is NC3T a corporation, partnership, frm, business, or other unincorporated organization. 8 See next page far footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ~~- No _._-- lf yes, what is the name of the official or employee and the nature of their interest? h,•4r,~e~itpceticxr o! Cii fip~licatit~;2 page tit of t t Ror45~d 7.'3037 HARVEST OUTREACH MINISTRIES, INC.. -Agenda tem 19 .Page 9 DlSCL.OSURE STATEMEI~IT ADDITIONAL D15CLOSURE5 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° neat estate services, financial services, accounting services, and legal services: (Attach list'rf necessary) Church Development Services, LLC -_-A -- -Pinnacte Group Engineering. Inc. `_ - ~- ~_~.,_._~ -Seas ors Ti }s"E 8~ Settiemert~Enc_ - - ' "Parent-subsidiary relationship" means "a relationship that exists when one ~- carporation directly ar 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 § 2,2-3tt}i. ~ °`Affiiiated business entity relationship" means "a relationship, other than parertt- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner En one entity is also a controEi'sng owner in the other entity, or {Ili) there Es shared management or control between the business entities. Factors tha# 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 empEoyees 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. Gode § 22-31 fl 9 . CERTIFICATION: I certify that tide infcumation contained herein is true and a~uraie. 1 understand that, upon receipt of notification {postcard) that ttae appticat has been scheduled for public hearing, i am responsible far ob~ining and posting the required sign on the subject property at least 3tl days prior to the scheduled public hearing according to the instructions in this package. The uersigned also consents to entry upon the sut~ect property by employees of the Department of Planning to photograph and vises the sits for purposes of processing and evaluating this application. t ~ ~ ~,, , ~' ~~ r~_+K,... 111) ... ~~~1 5 ~ gna ~ ~... -.~.--. ---~..- --- ' `- ~ t~ t~, e _ r3 ; f'rr. s:, C} ~ns€ s Si<~ nature (if different?na~ applicant) + ~ I ~~ v ~-....ter `~.r.~~~_. •__ _-.. Print Narne Print Name Iii ~_ ~. ~~~~ I!*~t M~ ~_ ~_ ~~ ~~ IY°O C~3Cit~"0! ". QndsS~tRS:~l~f(DLfC&SiCNt P~~~ a.. ar ~ 9 DISCLOSURE STATEIUI'ENfi HARVEST OUTREACH MIWISTRIES, INC. Agenda Item 19 Page 10 Item # 19 Harvest Outreach Ministries Modification of Conditions 3168 Indian River Road District 7 Princess Anne April 14, 2010 CONSENT Jay Bernal: The next matter is agenda item 19. This is an application of Harvest Outreach Ministries for a Modification of Conditions approved by City Council on March 25, 2008 on property located at 3168 Indian River Road, District 7, Princess Anne. Welcome. Please state your name. Good afternoon Chairman Strange and rest of the Planning Commission. My name is Glenn Tremature with Church Development Services. I'm an agent for Harvest Outreach. The members of the church are here, as well as the site engineer. We agree with the conditions, and appreciate being placed on the consent agenda. Jay Bernal: Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Ripley to please review this item. Ronald Ripley: The Commission looked at this application. It is really a Modification of a Conditional Use Permit that was issued in March 2008. It was a church. It had six conditions. The church is simply modifying the conditions by modifying the proposed construction plans which will make it a little bit smaller church. So, the six conditions stand, however, the first few conditions have been replaced to reflect the new plan. So, the Commission saw it as pretty routine, and staff approved it, and we put it on consent. Jay Bernas: Thank you. I will make a motion to approve agenda item 19. Joseph Strange: A motion made by Mr. Bernal. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. Donald Horsley: Mr. Chairman, let the record show that I'll abstain from item 19. I farm the property. It is part of the church property. Well, I feed the deer along there on the edge anyway. I guess I need to abstain from that one. Joseph Strange: Okay. AYE 10 NAY 0 ABS 1 ABSENT 0 Item # 19 Harvest Outreach Ministries Page 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 19. -s4- Item ~!J.S. PLANNING ITEM # 50418 Upon motion by Councilman Jones, seconded by Councel Lady Wilson, City Council ADOPTED Ordnance upon application of NEW LIFE PRESBYTERIAN CHURCH for a Condrtronal Use Permit ORDINANCE UPON APPLICATION OF NEW LIFE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMTf FOR A CHURCH EXPANSION RO I 10131055 BE I7' HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of New Lije Presbyterian Church for a Condrtronal Use Permit for a church expansion on the west side ojDam Neck Road, 750 feet more or less north of Monet Drtve (GPIN 1495036847) Satd parcel is located at 3312 Dam NeckRoad and contains 6 3 acres DISTRICT 3 -ROSE HALL The following conditions shall be required 1 The applicant shall obtain all necessaryperm:ts, inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupying the modular unit (trailer) If interior alterations do not violate the endustrialzzed building certification ofthe unit, then the unit shall comply with appropriate sound attenuation measures for the 70 to 75 AICUZ 1 Slanting oja neutral color shall be installed around the base of the modular unit (trailer) 3 Category I screening shall be installed around the base of the modular unit (trailer) except for necessary ingress/egress openings 4 The modular unit (trailer) rs approved for a period not to exceed f ve (S) years This Ordinance shall be effective rn accordance with Section 107 (n of the Zoning Ordinance Adopted by the Council of the City ojVirgrnia Beach, Virginia, on the Twelfth of November, Two Thousand Two Voting 10-0 (By Consent) Councrl Members Voting Aye Margaret L Eure, Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyers E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None November 12, 1002 f 4~:* 1~y,,iY~) sZ~ ~S 4= ,; = ~; ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW LIFE PRESBYTERIAN CHURCH, Modification of Conditions, approved by City Council on November 12, 2002, 3312 Dam Neck Road. ROSE HALL DISTRICT. MEETING DATE: June 8, 2010 ^ Background: The applicant requests Modification of a Conditional Use Permit approved on November 12, 2002 for the purpose of extending the five year expiration date allowing portable classrooms on-site. ^ Considerations: Condition four of the November 12, 2002 City Council approval allows the portable classroom facility to remain on-site for a period not to exceed five years. The applicant indicates that their church building expansion has been placed on hold due to loss of members. It was originally envisioned that the church would utilize the portable units while New Life Presbyterian Church worked on their building expansion project. The applicant, however, adds that they still need the portable classrooms. The portable classrooms are used for adult Sunday school classes from 9:00 a.m. to 10:00 a.m., Children's Church on Sunday from 10:30 a.m. to noon and children's activities are held on varying Sundays from 4:30 p.m. to 6:00 p.m. Staff has advised the church has to continue their church building expansion efforts, as use of portable units is not the preferred method for building expansion. While this particular portable structure is not detrimental to the appearance of the site, portable structures do not promote the City's goals of sustainable development. With the approval of this five year extension, the applicant will have had a total of 13 years to find a permanent structure to house the classes that are currently provided within the portable unit. 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: New Life Presbyterian Church Page2of2 1. All conditions with the exception of Number 4 attached to the Conditional Use Permit granted by the City Council on November 12, 2002 remain in affect. 2. Condition Number 4 of the November 12, 2002 Conditional Use Permit is deleted and replaced with the following: a. The modular unit (trailer) is approved for a period not to exceed five (5) years from the date of this approval. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manage . ~k. •~~ "'°~' "-"' AV!' .k~il to c~ak, Ne~~ Life Presb~rterian Church i ~% m, %~,p AG2 . ~ ~ i~c c, ~ ~~ ~'' ` _ a, ~ \\ ~ ~~ . ` _ ' ' % / RSD h Vii. ~ ~. ~\ k ~ ° ~ ,/, \\\~ ~ ,, ~ ~ .,n VI ~ ay ~ ~ ~~ ~\ ~ \ ~ ' AG2 \ i, W+ •• MbdHkaiion o/Condltiona 2 May 12, 2010 Public Hearing APPLICANT /PROPERTY OWNER: NEW LIFE PRESBYTERIAN CHURCH STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit for achurch -approved by the City Council on November 12, 2002 ADDRESS /DESCRIPTION: 3312 Dam Neck GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14950368470000 ROSE HALL 5.955 acres 70-75 dB DNL The applicant requests Modification of a Conditional Use SUMMARY OF REQUEST Permit approved on November 12, 2002 for the purpose of extending the five year expiration date allowing portable classrooms on-site. Condition four of the November 12, 2002 City Council approval allows the portable classroom facility to remain on-site for a period not to exceed five years. The applicant indicates that their church building expansion has been placed on hold due to loss of members. It was originally envisioned that the church would utilize the portable units while New Life Presbyterian Church worked on their building expansion project. The applicant however adds that they still need the portable classrooms. The portable classrooms are used for adult Sunday school classes from 9:00 a.m. to 10:00 a.m., Children's Church on Sunday from 10:30 a.m. to noon and children's activities are held on varying Sundays from 4:30 p.m. to 6:00 p.m. The applicant also requests the removal of condition three as identified in the November 12, 2002 City Council approval. Condition three requires Category I screening be installed around the base of the portable unit (trailer) except for necessary ingress/egress openings. A listing of all conditions regarding the November 12, 2002 City Council approved portable classrooms are provided on the following page. November 12, 2002 City Council Approved Conditions: 1. The applicant shall obtain all necessary permits, inspections and a Certificate of Occupancy from the Permits and Inspection Division of the Planning Department prior to occupying the modular unit (trailer). If interior alterations do not violate the industrialized building certificate of the unit, then the unit shall comply with appropriate sound attenuation measures for the 70 to 75 AICUZ. 2. Skirting of the neutral color shall be installed around the base of the modular unit (trailer). 3. Category I screening shall be installed around the base of the modular unit (trailer) except for necessary ingress/egress openings. 4. The modular unit (trailer) is approved for a period not to exceed five (5) years. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church with portable classrooms, playground, and associated parking SURROUNDING LAND North: Office-warehouses /Conditional I-1 Light Industrial USE AND ZONING: South: . Dam Neck Road • Across Dam Neck Road are single-family dwellings / R5-D Residential District East: Mini-warehouses /Conditional I-1 Light Industrial Dam Neck Road • Office building / O-1 Office District West: . Single-family homes / R5-D Residential District NATURAL RESOURCE AND Approximately five acres of this site remains vegetated by fawn, shrubs CULTURAL FEATURES: and trees. There are no known cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP1 /CAPITAL IMPROVEMENT PROGRAM (CIP1: Dam Neck Road in the vicinity of this site is a four-lane major arterial suburban roadway. Dam Neck Road has a variable width right-of-way, and the Master Transportation Plan shows a divided parkway with an ultimate right-of-way width of 150 feet. There is currently no CIP projects scheduled for this segment of Dam Neck Road. '~ , y..: ,, _ NEW LIFE PRESBYTERIAN CHUf~CH ~~genda Item 2 Page 2 }' fz TRAFFIC: Street Name present Volume present Capacity Generated Traffic Dam Neck Road 40,102 ADT 34,900 ADT (Level of Existing Land Use - 59 Service "D") ADT Proposed Land Use 3- 59 ADT Average Daily Trips s as defined by 6,461 square foot church 3 as defined b 6,461 s uare foot church and ortable classroom WATER 8~ SEWER: This site currently connects to City water and sanitary sewer. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Evaluation: Staff finds that the requested extension to allow a portable classroom facility, as currently situated on-site, is acceptable. The portable classroom is located northwest of the church building and is designed to blend with the existing church structure. In addition, existing foundation landscaping sufficiently screens the portable classroom from view of street. The existing location of the portable classrooms, combined with the design of the portable unit and foundation landscaping provides an appearance, from view of street, that the portable classroom is a part of the permanent church building and not actually a portable structure. The portable unit, therefore, does not significantly detract from .the appearance of site from view of the street. Staff further finds that the portable classrooms do not add any additional traffic or other impacts on city services. The portable classrooms will be used mainly on Sundays by individuals who would normally be on-site. Staff, however, does not support the request to delete condition three of the November 12, 2002 City Council approval. Condition three requires Category I screening around the base of the portable unit (trailer) except for necessary ingress/egress openings. This condition is needed to ensure the structure is adequately screened and is not recommended for removal. In addition, it should be noted that the church has been advised to continue their church building expansion efforts, as use of portable units is not the preferred method for building expansion. While this particular portable structure is not detrimental to the appearance of the site, portable structures do not promote the City's goals of sustainable development. Staff therefore recommends approval of the request to extend the time period for an additional five years. With this five year extension, the applicant would have a total of 13 years to find a permanent structure to house the classes that are currently provided within the portable unit. NEW LIFE PRESBYTEf~iAN CHU#CH ~' agenda Item 2 Page '~ := .x ,4 R CONDITIONS 1. All conditions with the exception of Number 4 attached to the Conditional Use Permit granted by the City Council on November 12, 2002 remain in affect. 2. Condition Number 4 of the November 12, 2002 Conditional Use Permit is deleted and replaced with the following: a. The modular unit (trailer) is approved for a period not to exceed five (5) years from the date of this approval. NOTE: Further conditions maybe 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 CertiFcate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged fo contact and work with the Crime Prevention Office within fhe Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. NEW LIFE PRESBYTERIAN CHUf~CH ~, Agenda Item 2 °Page 4 >. AERIAL OF SITE LOCATION NEW LIFE PRESBYTERIAN CHURCH Agenda-ltem 2 Page 5 ~- ~ /// _ , ~ / ~\ ~/ ,. ~ / / L~ Le'ASUC / , DA'.'.SALL /i[LD j ,~~~ !w zoo' arri~; k /~ ~ :!!GG AAViL:ON ~ ® .~..~~... __ LE f t .. , aar'r~ rrw. ror¢n - - -+ - - 1 r __~, ~~ ~ ~ ~-a+~wuer -' '. ~ : ~ ~' -._.._ J € v _,~ ' # _ i s~ o ------- -----~crnerr ta€ -- ~~.-~_~-----~: t~AST~R SITE PLAN ~_~, Ca,~ ~.- o as ,o. eo _.-...... _.:_...- , ,•.,~ ~ ';. _: ~- :~ ~~~~_ 4 2 C 6 > W Y ~ ~) { S ~cz 2002 APPROVED SITE PLAN NEW LIFE PRESBYTERIAN CHURCH Agenda tem 2 Page 6 PHOTOGRAPH OFSITE NEW LIFE PRESBYTERIAN CHURCH Agenda Item 2 Page 7 ~j`ll' H-11 Ne`~~ Life Presb~-terian C'hurc~ !ap '4'7t f_ JQSfE _ ' ~ ,~ J4G~ € [C~~ ~ / i ~ ~~~R~ .z ~~ X./i ( ~7 ~ ~ ~ 't ~~\ ' ~ ,..., . ~' RED*~ ~ t~~~ ~ ~ ~ .~' JJ ~ ti I i I ~~~'~ • {~'~ ~ ~- , , , / `„~ ~ ~ di r wy > ~_~ r _ ~ ~ <: A~ ~ ~, ~ ~ ~`V ., ~~ ~' Tai L.3~ i ,~ \. ~ '~ 'Zoning with Conditions:Protkrs !IlVY{l lliQUV!{ Vl V VIlYltl V! # DATE DESCRiPT14N ACTIQN 1 11-12-02 10-24-88 06-13-88 12-10-84 Conditional Use Permit (church expansion) Reconsideration of Conditions Conditional Use Permit (church) Conditional Use Permit church Granted Denied Granted Granted 2 10-09-01 Modification of Conditions Granted 3 07-03-01 07-03-01 Zoning Change (AG-2 to Conditional B-2) Conditional Use Permit automobile service station Granted Granted 4 05-28-02 Conditional Use Permit animal shelter Granted 5 02-22-05 Conditional Use Permit automobile re air ara a Granted 6 10-25-05 Modification of Conditions Granted 7 08-10-04 Zonin Chan a R-5D to Conditional I-1 & Conditional I-1 to P-1 Granted 8 03-28-06 Conditional Use Permit automobile re air Granted 9 07-03-01 Zonin Chan a R-5D to Conditional I-1 Granted ZONING HISTORY NEW LIFE PRESBYTERIAN CHURCH Agenda ltem 2 Page 8 0 c./~ Fey F--1 O V w O O c~ A O DtSGLC>«SURL ST"A.TEME~T ALICANT D[SCLO~URE h the want ~ a cvrporan, partnership, hrrn, business, or other unincx~rporate~i organization, cx~mplete the foli~vvving: 1. List the appli~nt narrte fo by the names of ati ofF~cers, merrtbers, trustees, parh~rs, etC. bek~v: (Attach C15f ~neC9SSaty) New late F'resbytetu~ Church ;~. _ u ~ ~ ~. ~ .< A ., ~ F < ~ _; ~~ Gary , David Csmningharr~ ~. List atl businesses tha# gave a paren~sut~siciiary' or afiFtlietexi business entity r+eta~onship with the apart; {Attach fist if necessary} Check bane if the applicant is NOT a rxsrporation, partnership, Its, business, other unincorporated organizat~sn. PR{}PERTY OWNER I~SCLOSURE Complete this section only if ProPerh' owner is dilteren! from applicant. If tt-e prc~erty owner ~ a rc~rpcuation, partnership, firm, business, or other unincorporated organization, comp 'r~: 1. List the pro~rty over name irnn++ed by names of a!I officers, m~ribers, trustees, partners, etc. tam: (Attach list ifne~cessary) . Lit ati businesses that gave aparent-subsiniary' or affiliated twsirtiess entity nela~nsh~ with the applicant: tAttach list if necessary) Check here it the pt~erty owner is NOT a corporation, partnershq~, limn, crr +other un~cx3rporated organizat. Sae rne~# for #ootno~s Goes an ott'icai or eloyee of the City of Virginia l~arh have an interest in the sutsject land? Yes No ~ If yes.., what is the name of the otal or en~loyee ar~i the nature of their interest? Faye t~ of i t Revts~ 7i? NEW LIFE PRESBYTERIAN CHURCH Agenda .Item 2 Page 9 D~S~~.,.C~SCJRE STATEl~+lE1~IT A~IN'Tlt?N1~L tllSCLOSUFtES last a!I kntawn t~ntt"adc tax tai tt~t ttav~e tx wig servit wit#t to ~e neq~ested pr~spetty rase, iruling t~ ntat l~zted tta #tre ptfets of art~itette! services, r~sal estate services, fina-tl cervices, at~oun setvit~s, arm i servit~es: {Attach fist if raecessarY) 7 ~P~~ ~ ~ } r }~ r~exia#ionr ttEB,t ~ Circe CXIrEfiifatitfn ~ tlf ~ CMAfnS l~18t@S .~ titOre thitrt 5t? ~ of tt~ Voting power cif ~tacxt °' S~ Stafie arKi tai Gc~errernerwt Conflict c# frtter Act; va, Cow § 2.2-31131, CER'~tCAT~N: 1 ~ that atf~na~an is true arr~3 t nd tt+a#, Mott r of ( tt~t 'tin tees t>e~r ksd #~ r7irtg, 3 am ~ #ru .and ra~an3d sib Cos the at 30 days prior bti #ft !ed to itte ~ s tt . TF~e ~n~cf atsti tri by ~ trte rtt d Planning tap Pt'+ anti ~ aMe fior of ~9 and scrod tttai app " ~~' ~ ''~[ ~x..~ ~~,.~'%'~ ,} „'` ~-~~ IJaVicf F. Cta~ningha~n ApphCant's Signature Print Name ~~ Pn~r Uarrier's Sihure (# than ii~ant} Print Narr~ ~~~ . ~ ot„ ~~~~ ~~~~ il. Icy Q~ r7-. O O V W O O w A O DISCLOSURE STATEMENT NEW LIFE PRESBYTERfAN CHURCH Agenda Item 2 Page 10 Item #2 New Life Presbyterian Church Modification of Conditions 3312 Dam Neck Road District 3 Rose Hall May 12, 2010 CONSENT Joseph Strange: The next items we will address are those that have been placed on the consent agenda. The Vice Chairman Jay Bernas will hand this portion of the agenda. Jay Bernas: Thank you Mr. Chairman. This afternoon we have five items on the consent agenda. The first matter is agenda item 2. This is an application of New Life Presbyterian Church for a Modification of Conditions approved by City Council on November 12, 2002 on property located at 3312 Dam neck Road, District 3, Rose Hall. Is there a representative on this application? Could you please come forward? Please state your name for the record. David Cunningham: David Cunningham. Jay Bernas: Are the conditions acceptable? David Cunningham: The conditions are acceptable. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Thank you. Once again, the applicant New Life Presbyterian Church has requested a modification of a Conditional Use Permit of allowing portable classrooms on the site. The portable classrooms are used for adult Sunday school classes, children's church on Sunday, and children's activities are varying Sundays from 4:30 unti16:00. In addition to the following conditions that were mentioned and agreed upon, specifically we would like the applicant to install the screening that shall be installed around the base of the modular unit except for necessary ingress/egress openings. We've reviewed the application, and it meets all requirements. The staff is unaware of any opposition to the application, and staff recommends approval, and we concur. We ask that it be placed on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 2. Joseph Strange: Do I have a second? The motion has been made by Commissioner Bernas and seconded by Commissioner Katsias to confirm agenda item 2. We're not ready to vote. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE Item #2 New Life Presbyterian Church Page 2 BERNAS AYE FELTON 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 agenda item 2 for consent. aN~NN ~c 4 = ~.~ ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DML DESIGNS, LLC T/A GODSPEED TATTOO / JETTELLIS, LLC, Conditional Use Permit, tattoo parlor, 3795 Bonney Road. ROSE HALL DISTRICT. MEETING DATE: June 8, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow a tattoo studio to occupy a 2,000 square foot unit within a larger building. The proposed unit is approximately 150 feet from Bonney Road, at the rear of the building, out of sight from the right-of-way. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. ^ Considerations: The operation will include up to 8 tattooists and 1 body piercing professional. The proposed hours of operation are Monday through Saturday, 10:00 a.m. to 10:00 p.m. and Sundays from 12:00 p.m. to 8:00 p.m. Before the applicant can obtain a business license to operate, the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinances requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This site meets this requirement as the studio is 615 feet from the closest residential district. The site, which is undergoing a major renovation, has sufficient parking for the users of the DML Designs, LLC. T/A Godspeed Tattoo Page 2 of 2 office space in conjunction with the tattoo studio. The almost 23,000 square foot lot has more parking spaces than required by the Zoning Ordinance. There was opposition to the request. ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any signage for the building and the tattoo studio shall meet the requirements of the Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any wall area of the exterior of the building, windows, and/or doors. 3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 4. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 5. The actual tattooing operation on a customer shall not be visible from any public right-of--way adjacent to the establishment. ^ 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: k , c`~J "'°~~ ~r' DML Desi ,LLC t/~~ Gods geed Tattoo -~ O~ r wow. ~..~r sw+. .~.,_ 62 ~, -- ~,~ -, ~ ~ ~~ ~ ~ I _ ~ ~ - e~; - Y sr - ~ -- i. -, f ~ ~~~ _i '=~M.~ ~~~~~^ CUP /or TaHOo REQUEST: Conditional Use Permit (tattoo studio) ADDRESS I DESCRIPTION: 3795 Bonney Road 4 May 12, 2010 Public Hearing APPLICANT: DML DESIGN, LLC T/A GODSPEED TATTOO PROPERTY OWNER: JETTELLIS, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14873357880000 ROSE HALL 20,220 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a tattoo studio to occupy a 2,000 square foot unit within a larger building. The proposed unit is approximately 150 feet from Bonney Road, at the rear of the building, out of sight from the right-of-way. The operation will include up to 8 tattooists and 1 body piercing professional. The proposed hours of operation are Monday through Saturday, 10:00 a.m. to 10:00 p.m. and Sundays from 12:00 p.m. to 8:00 p.m. The building where the studio is proposed was formerly a funeral home but has since been renovated. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. LAND USE AND ZONING INFORMATION EXISTING LAND USE: existing building under renovation with parking lot SURROUNDING LAND North: Bonney Road USE AND ZONING: Virginia Beach Boulevard • Office, mixed retail / B-2 Community Business District South: Auto sales /Conditional B-2 Community Business District East: . Retail / B-2 Community Business District West: . Auto sales /Conditional B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road is a four-lane undivided urban minor arterial running parallel to I-264 and Virginia Beach Boulevard. Bonney Road terminates at the I-264/Rosemont Road interchange approximately 2,300 feet east of the site. This intersection is over capacity, with a 2008 volume-to-capacity ratio of 1.10. The MTP Map shows Bonney Road as an undivided facility in a 70-foot right-of-way. There is a CIP project, #2.018.002 Bonney Road/Kentucky Avenue Intersection Improvements, approximately 2,000 feet west of the site, but the site is not within the project limits. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 14,500 ADT 14,800 ADT (Level of Existing Land Use -106 Service "C") - 22,800 ADT ADT' (Level of Service Proposed Land Use 3-108 "D" ADT Average Daily Trips ' as defined by office 3 as defined b tattoo studio WATER ~ SEWER: This site is already connected to City water and sewer. HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure a permit from the Health Department prior to beginning operation. Recommendation: Staff recommends approval of this EVALUATION AND RECOMMENDATION ,a~~ 4 request with the conditions below. Comprehensive Plan: This site is located in the Rosemont Strategic Growth Area (SGA). The land use of the SGA is characterized by suburban strip commercial and multifamily residential uses along Virginia Beach Boulevard and is generally encompassed by established single family neighborhoods. The Comprehensive Plan identifies recommends that redevelopment opportunities between Bonney Road and I-264 take advantage of the accessibility to the interstate and transform the existing land use pattern into a mixed use arrangement to include medium to high-rise residential units and midrise corporate office buildings. Evaluation: Before the applicant can obtain a business license to operate, the Health Department must verify that the business meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. In addition, the Zoning Ordinances requires any tattoo or body piercing establishment be located at least six hundred (600) feet away from any other tattoo or body piercing establishment, and from any residential or apartment district, or school. This site meets this requirement as the studio is 615 feet from the closest residential district. The site, which is undergoing a major renovation, has sufficient parking for the users of the office space in conjunction with the tattoo studio. The almost 23,000 square foot lot has more parking spaces than required by the Zoning Ordinance. A graphic is provided below that depicts the distance from the nearest residential or apartment and nearest public school. Staff recommends approval subject to the conditions below. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any signage for the building and the tattoo studio shall meet the requirements of the Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any wall area of the exterior of the building, windows, and/or doors. 3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 4. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 5. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. NOTE: Further conditions maybe 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 ofPlanning /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 (OPTED) concepts and strategies as they pertain to this site. 600-FOOT RADIUS FROM STUDIO TO CLOSEST LOCATION CRITERIA FEATURE (other tattoo parlor, Apartment or Residential zoning district, or school) DML T/A GODSPEED TATTOO. ,Agenda .Item 4 Page 4 AERIAL OF SITE LOCATION DML T/A GODS~EED TATTOO Agenda .Item 4 .....Page 5 - - - I C I I ~~ i I I ~~ y s e s ! ~`~ -. ~~i - =~~~ _. E 1 -~' ~~- _.-_.__._~ __._ _ -v :. _. _ _ _. . ~~ PROPOSED SI~'E PLAN DML T/A GODSPEED7ATT00 Agenda ..Item 4 Page 6 1 01/22/08 Street Closure Granted 2 03/23/03 REZ (I-2 & B-2 to Conditional B-2) Granted CUP (motor vehicle sales) Granted Street Closure Granted 04/13/99 Street Closure Granted 07/08/97 REZ (O-1 to Conditional I-1) Granted 09/28/93 REZ (B-2 to O-1) Granted CUP (mausoleum/cemetery) Granted Street Closure Granted 3 01/23/96 CUP communications tower) Granted 4 07/13/93 CUP truck repair) Granted 5 10/30/89 CUP motor vehicle repair Granted ZONING HISTORY DML T/A GODSPEED TATTOO Agenda-Item 4 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE ~ If the applicant is a corporation, partnership, firm, business, or other unincorporated organize#io~, cemplete the following: 1. List the applicant name fo#towed by the names of all officers, members, trustees, partners, etc. below: {Attach List if necessary) ~~ ~ ~; Qn~~ Desigpns, LLe f - '; Registered agent: David 8astiaans '~ ~; ~ 2. List a!l businesses tha# have aparent-subsidiary' or affiliated business entity? relationship with the applicant: (Roach list if necessary) NIA ^ 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. !f the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of alt officers, members, trustees, partners, etc.. below: (Attach list if necessary) Jetfetiis, LLt: Corinne Mastronardi 2_ List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach lisf if necessary] N!A I Check here if the property owner is NOT a corporation, paRnership, firm, business, or other unincorporated organization.. 8 See next page for footnotes does an officio! or employee of the City of Virginia Beach have an interest in the sub}ett land? Yes No x if yes, what is the name of the official or employee anti the nature of #heir interest? Gflrn}B41UtYat Ilse Permit A¢~icai~#I #~age ~ ta6 iii 92ev"seed 7~'312~Di z 0 ~a w F--~ W P~. W z O I~ Q z 0 v DML T/A GODSPEED TATTOO `~4genda Item 4- Page 8 r-~ V a N w w 0 A O V QISGL©SURE STATEME[~iT ADDITIONAL DISCLOSURES List al! 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) ~U' ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing mare than 50 percent of the voting power of another carporation.k See State and Local Govemment Conflict of trrterests Act, Va. Code § 2:2-3101. `Affiliated business entity relationship" means "a relationship, other than parent- subsrdiary relatronship, that exists when {i) one business entity has a controlling ownership in#erest in the other business entity, {ii} a controlling owner in one entity is also a controlling owner lit the other entity, or {iii) there is shared management or control between the business entities, Factors ttrat should be considered in determining the existence of an affiliated business entity re#ationsfiip include that the same person or substantially the same person own ar 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 otfierwise share activities, resources or personnel an a regular basis; or`there is o#herwlse a close working relationship between the entities.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTiFiCAT10N: l certify that the informat~n contained herein is true and accurate.. I understand that, upon receipt of notif~akion {postcard} that the appl~atian has been. scheduled far ', public hearing, I am responsible for attaining and pasting the required sign on the subject property at least 3fl days prior to the scheduled putt~c hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Ptanrting to photograph and view the site for purposes of processing and evaiuating this application. .. t r. _._ ~ ._ ~ ~~ Apppar.Y,~Sigriaiu~e . Pri^,t Nd~^E _ _ ~~. __ P` i O~r~r~;~ ~ different~han applicant} nt e ~ ; ~ v v..~MIIa~~e~k~4~y~-.......-..,..~~ ~~~ ~ i `AT- t`` i~o' _ I ._ ~.tii .~ 1_~ C~Stllt41~8E. USS rCiH-pt iC8titM Pie io of 9G Revises Tt~3sx}7 \r DML T/A GODSPEED TATTOO Agenda Item 4 Page 9 Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Conditional Use Permit 3795 Bonney Road District 3 Rose Hall May 12, 2010 REGULAR Joseph Strange: Mr. Secretary, will you call the next item please. Al Henley: The next item to be heard is item 4, DML Design, L.L.C. t/a Godspeed Tattoo. An application of DML Designs, L.L.C. for a Conditional Use Permit for a tattoo parlor on property located at 3795 Bonney Road, District 3, Rose Hall. Les Watson: Mr. Chairman, and members of the Commission, my name is Les Watson. I represent the applicant in this matter. My client has been in this business for 18 years, most of it locally. He is the winner through his career of national awards. He is pretty good at what he does. He and his family are model citizens. They have five kids in the schools. They work at the homeless shelters helping out. They are first class, good people. They have been looking for a site for this operation for over a year. They have located this site on Bonney Road. We believe it is not only fully compliant with the ordinance, and also it is fully compatible with the business operations that are surrounding it like automobile dealerships, and rental facilities, and so forth. The building, the entrance to this particular operation is not visible from the public street I don't think. It is around the rear side of the building. The building is undergoing major renovations of the old Kellam Funeral Home. The property is completely secure. The entire second story of the building is operated by Guard-Us Security Systems, so there are some professional security people on the property at all times. I say that the entrance is private. It is on the rear of the building. We believe that this application is fully compliant with the conditions set forth in the code. My clients intend to operate this facility in full compliance with all of the ordinances and regulations, which are applicable. We have reviewed the conditions that were included by the staff, and we find them completely acceptable obviously. We respectfully request your favorable consideration of this application. I will be happy to answer your questions that you have. I think there maybe some opposition. We will be happy to respond once they've had an opportunity to speak. Joseph Strange: Thank you Mr. Watson. Are there any questions at this time? Okay. Al Henley: Mr. Chairman, we have one opposition. Mr. William Bischoff. William Bischoff Good afternoon. I am Bill Bischoff, and I represent Ancient Art, and it is competition for this applicant. About nine years ago, I was hired by Ancient Art to challenge the Virginia Beach ordinance banning tattoo parlors in the City. After considerable litigation, we were fortunate enough to have that ruling or have the ordinance overruled, and it as sustained by the Supreme Court of Virginia. When that occurred, we applied for a tattoo parlor license for Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 2 down at the oceanfront. We were told that we could not do that because the City was in the process of developing the regulations necessary to establish where these facilities should go. We challenged that in court, and unfortunately, we lost that one. So, we had to play by the rules that were established by the City Planning staff and the City at that time. Those rules established a map, which had red marks located on it as to where tattoo parlors were allowed. So, we chose that location using that map, and using that set of rules, and my client put a location over off of Cleveland Avenue. Now, it is interesting of course that most of the locations that the City approved and put on this map were those that didn't really have great visibility. They were tucked away in areas that you really couldn't see from heavily travelled roads. Now, the reason we oppose this is that, and I'll stand corrected if I'm wrong because I was just retained on this yesterday. But if this location is in one of the locations shown on that map, I'm going to withdraw my opposition, because those were the rules that were established nine years ago for all the players that wanted to be involved in the tattoo business. I do not believe it is one of those red zones but I'll be corrected if I'm wrong. We don't fear competition. We just want a level playing field. The level playing field says that the rules were established that allowed that nine years ago. Should that stand forever, of course not? If there is a significant substance of change that allows that makes an appropriate change like this, such as the neighborhood has changed, then it is perfectly acceptable. You have the authority to do that, and the Council has the authority to do that. I don't believe there is a substance to change here. And therefore the rules that we played with should be the rules that these newcomers are playing with today. Thank you very much. I'll be happy to answer any questions. Joseph Strange: Are there any questions for Mr. Bischoff? Al Henley: There are no other speakers. Mr. Watson, if you would like to rebut? Les Watson: I think Ms. Lasley might have something to say. Karen Lasley: Would you like me to direct the issue of the map? Christopher Felton: Yes please. Karen Lasley: I'm Karen Lasley, I'm the Zoning Administrator. This is the map that has been referred to, and perhaps there is probably some misunderstanding between me and Mr. Bischoff s client about that map. This map was done really to make certain that there were places in town where you could have a tattoo parlor. They are only allowed in the B-2 District as a Conditional Use Permit, and they have to be 600 feet from a school. So, this map, and actually the attorneys had us do it to make sure there were really places in town where you could have a tattoo parlor because you can't have rules so tight that you can't have them anywhere. There is nothing official about this map. It is not a Zoning map. It is just a guide. So, then after the regulations were adopted we gave this out to anybody interested who was trying to find a place for a tattoo parlor as a guideline to help them find a location. But we work with everybody on a case by case basis, and I did most of them myself back then. I had a compass that I kept in my desk that was set to the 600-foot radius, and people would come in with a site, we would measure it out. I don't remember working with Mr. Bischoff s client on that, and maybe because Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 3 of the court case we didn't communicate well. This was never an official map. What we do now because it is so difficult to meet that 600 foot require is that we measure from where the tattoo parlor is going to be. You can see on this general map. I'm sure they measure the 600 feet from up here, and it came within 600 feet probably from this residential strip up here, so they didn't color it red, that this applicant had these middle units, and it does as you can see from this meet the 600 foot requirement. Just barely up here, and that is why it wasn't on this map. This is just a generalized map, which was never meant to be a black and white guide to this. Janice Anderson: In your write up, you have the criteria for these tattoo parlors to meet. The criteria in Section 242.1, has there been any change to that criteria? Karen Lasley: No, it hasn't Janice Anderson: Okay. Thank you. Donald Horsley: Karen, open that map up. What does it say at the top? Karen Lasley: Commercial property available for the use of tattoo parlors. Donald Horsley: In other words, this property is available. It doesn't say it's the only property. These are properties that are available. Karen Lasley: Right. This is kind of a demonstration map. William Bischoff: Mr. Chairman, I know I used my time but I would like to respond to that because I actually have some documents that share some light on that. Joseph Strange: Would someone like to sponsor Mr. Bischoff? Janice Anderson: I will. William Bischoff: I'm Bill Bischoff, and I represent Ancient Art, a competitor of this applicant. Let me show you a letter that Ms. Lasley, I'm not picking on Ms. Lasley, she does a great job. But it did happen nine years ago, but I think it is important that we have some institutional history and memory here. We applied for a location, as I indicated that at the oceanfront, and Ms. Lasley denied it. She said we can't do it because you don't meet the criteria. And says, "We have a map here at the Zoning Office that shows the areas of the B-2 Community Business that meets the location requirements. I hope to be able to provide all tattoo applicants with a copy of the map by the end of the week." This established the guidelines folks. That is also established by the verbatim transcript when I appealed this ruling by Ms. Lasley to the BZA. We had a hearing on it. It was a considerably large hearing and a long hearing. Ms. Wilson, again my friend, and I'm not picking on her indicates in this verbatim that we have similarly situated businesses in the same category body piercing, permanent make-up, and tattoos are governed by the B-2 rule. There are many locations that businesses could go in. There is a map. They show the businesses. That was also supported by Ms. Lasley's comments from this verbatim. This was Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 4 in September 2001, where it says "so I knew that these amendments were definitely pending and City Council was going to make a determination of where they felt, as our community leaders, where tattoo parlors should be permitted". And where they were permitted is a map that showed exactly where we were allowed to go or where anybody else go could go. And based on that map, we made business decisions. And now they aze asking you to change the rules. I would also point out for curiosity sake, Governor McDonnell, then Attorney General McDonnell, Bob McDonnell heard that, and supported the tattoo parlors, and he confirmed what I'm azguing today. I don't know if you could see it from here. He's talking about the map, and basically what is in red is what's permissible. So, that is our position. We don't fear competition. We just want a level playing field. Bill Macali: Mr. Chairman, I need to address some of these comments in advance of Mr. Watson. I was involved up to my neck. I'm basically the attorney who was handling the tattoo parlor controversy back then. The application that Mr. Bischoff is talking about was in the RT-2 Zoning District at the beachfront. There was absolutely nothing in the Zoning Ordinance which specified that you could have a tattoo parlor in the Resort Tourist District. What actually happened was there actually was a state statute that said a locality had the authority to ban tattoo parlors everywhere. The city did that. The State statue was changed to strip that authority from cities, and to leave the cities authority to regulate parlors. Before the City had a chance to amend its Zoning Ordinance, a representative of Mr. Bischoff s client came to the Zoning Office demanded that Ms. Lasley approve a business license for this site. Ms. Lasley and I spoke right at that moment, and our answer was "no we're not going to do that." There is nothing in the Zoning Ordinance which allows that in the RT-2 Zoning District. They appealed that decision in the Circuit Court said that the City was altogether acting appropriately in that matter, and gave the City a certain amount of time to come up with some reasonable zoning regulations for where tattoo pazlors could go, and the conditions on which they could go there. We did so well before the deadline that the court said. Now, this map was intended because we were mindful that you can have zoning regulations which aze so strict that they do not allow anybody to go there. So, we asked the Planning Department to prepaze a map showing all the locations in the B-2 Zoning District, which was the only Zoning District which tattoo parlors were allowed that are not within 600-feet of residential or apartment districts. I believe a baz, and a school, just residential district and schools. Now, Ms. Lasley explained that. You can see the scale of that map is pretty tiny scale. It is citywide. They measure from the edges of zoning lots where B-2 was. Now, that is because you have absolutely no idea where on a B-21ot a tattoo pazlor is going to be able to go. If a lot is 400 feet long north to south, it could well be within 600 feet of a residential or apartment district or a school if it is on the northern part of a lot, but not on the southern part of the lot. You see here that is pretty much the case where this particular business is 15 feet faz enough away from the residential district to be allowed. More than that, that map was never ever represented or intended by the City Council to be a binding map showing where tattoo pazlors were allowed. The Code only says B-2 Community Business District not within 600 feet of a school, a residential district or an apartment district. Those aze the only rules. Obviously, the applicant here has taken the initiative to actually research to see if this site is an acceptable site. They didn't rely on some map which was created for demonstration purposes nine years ago. I think by saying that the rules are being changed, that is really not our view of it. The rule was the zoning ordinance and not the map. It is really not a correct representation to call that map Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 5 anything approaching a rule. It was there to show that there are places in Virginia Beach where tattoo pazlors can go. So, I thought the Commission would appreciate the institutional knowledge I hope I have been able to input just now. Joseph Strange: Thank you Mr. Macali. Kazen Lasley: Let me add. I did give this to people looking for a tattoo pazlor location just to be helpful so that they had some idea of where to start looking. Joseph Strange: Thank you. Bill Macali: In addition, I have to mention that once a tattoo pazlor goes up that 600 foot circle applies around that, and since the tattoo parlor wouldn't have been on that map 9 years ago, it wouldn't be in red. So, that map is not something you can rely on at any point. You understand what I mean? Once a tattoo pazlor goes, 600 feet is out, and it wouldn't have been out of the question on that map back then because the tattoo pazlor wasn't up yet. That is just another indication. The zoning map is binding. The tattoo map was just intended solely for an illustration to show people, look there are places in the city where you can go. It wasn't intended to say these aze the only places to go or you shouldn't do your own research. Joseph Strange: Thank you Mr. Macali. Mr. Watson? Les Watson: We agree with Ms. Lasley and Mr. Macali. We think Mr. Horsley hit the nail right on the head. It was intended for a place where they could go but not the only places they could go. And, we are guided by the ordinance, which has been adopted by Council, and it says we can't be within 600 feet of another tattoo parlor, or residential or apartment district, or school, and we're not. So, again we respectfully request your favorable action on this application. Joseph Strange: Are there any questions for Mr. Watson? The hearing is closed. It will now be open for discussion among the Commissioners. Mr. Redmond? David Redmond: It seems to me, and kind of sort my definition of what constitutes a level playing field is whether or not everyone has the same opportunity. There is nothing to prevent any tattoo parlor or similaz business establishment from leasing that space. What is for sure is that over the course of a number of yeazs, the real estate environment is going to change. Some areas are going to become appropriate by virtue of changing in the housing pattern that is occurring right in and azound the area azound Oceana. And, some are going to become inappropriate by virtue of new development. A 600 foot buffer is going to get reduced. This particulaz site, I think was a funeral pazlor for many years. It was nothing to lease there. But, it just so happens that this business decided to lease this space. It doesn't mean that any other business including Mr. Bischoff s client or the next application that we will hear for any other that we might hear could go there. It strikes me that it is kind of a level playing field if everyone has the same opportunities. I don't really find any basis to oppose the application. Joseph Strange: Thank you Mr. Redmond. Mr. Bernas? Item #4 DML Designs, L.L.C. t/a Godspeed Tattoo Page 6 Jay Bernas: I would like to make a motion to approve. Joseph Strange: Okay. A motion is made by Mr. Bernas. Christopher Felton: Second. Joseph Strange: A second made by Mr. Felton. The vote is open. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON 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 the application of DML Designs, L.L.C. Joseph Strange: Thank you. . Nu ~c ~>r~„"~'.ti~7 7 z ~~ ;si 4~'` j CITY OF VIRGINIA BEACH . AGENDA ITEM ITEM: URBAN-X-CHANGE II INC. -MATTHEW HUTCHINSON / LYNNHAVEN CROSSING, Conditional Use Permit, tattoo, permanent make-up and body piercing establishment, 829 Lynnhaven Parkway. ROSE HALL DISTRICT. MEETING DATE: June 8, 2010 ^ Background: The applicant requests a Conditional Use Permit for a tattoo studio within two units of a retail strip center located adjacent to Lynnhaven Mall. The units will contain a retail and jewelry store with the additional services of tattooing, body piercing, and permanent makeup. Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. ^ Considerations: This proposed tattoo studio will be centrally located in a retail strip center between a financial services office and a restaurant. The proposed establishment will occupy 3,000 square feet and will be open Monday through Saturday from 10:00 a.m. to 10:00 p.m. and from 12:00 noon until 8:00 p.m. on Sunday. An area of 300 square feet at the front of the store will be for the display and sale of clothing and jewelry. Tattoo application, body piercing, and permanent make-up will be conducted in private booths behind the sales area and will not be visible from any customers in the retail sales area or any area outside of the establishment. Staff will consist of a store manager, retail sales associate, and six tattoo artists. There is ample parking on the site for patrons and employees of the retail center and the tattoo studio. The Zoning Ordinance requires any tattoo or body piercing Urban X-Change II, Inc. Page 2 of 2 establishment be located at least 600 feet away from any other tattoo or body piercing establishment, or from any Residential or Apartment district, or school. The lease space where the studio will be located meets this requirement. There was one opposition to the request. ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any signage for the building and the tattoo studio shall meet the requirements of the Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any wall area of the exterior of the building, windows, and/or doors. 3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 4. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 5. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the retail sales area within the establishment. 6. The hours of operation shalt be 10:00 a.m. to 10:00 p.m. Monday through Saturday and from 12:00 p.m. to 8:00 p.m. on Sunday. ^ 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: S 1,1:ip H-8 r V ,~ L' i `~' ~ CJ.L . ~ > ~D L~t~~.~ B ~,~ , { ~ U ~ a `,, \ ~~ ~ N ~,~ , ~~i. ,~„>~, ~_ ; ~ ~ ;. , , ,. ' ~__ _ ~s "~ ' ~ BZ~L J `~ ' ~~ ~2 ` > ~~ ~~.~ ~, •~.~ Urban X-Change II, Inc. ~ sw~r..,r~ '. %~:.--' / ,~ May 12, 2010 Public Hearing ~~ -, % ~~ APPLICANT: ;~uli Area 2 ~ - ~ ` URBAN X-CHANGE ,- ~ ~ ~; INC ,~ -~ °~ i1 ,` ?, ~,. ...~N ~: o . LUP- T~too Parlor REQUEST: Conditional Use Permit (tattoo parlor) ADDRESS I DESCRIPTION: 829 Lynnhaven Parkway STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14963486150000 ROSE HALL 225,608 square feet Greater than 75 dB DNL LEASE SPACE: APZ II -Sub Area 2 3,000 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a tattoo studio within two units of a retail strip center located adjacent to Lynnhaven Mall. The units will contain a retail and jewelry store with the additional services of tattooing, body piercing, and permanent makeup. The proposed establishment would occupy 3,000 square feet and will be open Monday through Saturday from 10:00 a.m. to 10:00 p.m. and from 12:00 noon until 8:00 p.m. on Sunday. An area of 300 square feet at the front of the store will be for the display and sale of clothing and jewelry. Tattoo application, body piercing, and permanent make-up will be conducted in private booths behind the sales area and will not be visible from any customers in the retail sales area or any area outside of the establishment. Staff will consist of a store manager, retail sales associate, and six~tattoo artists. PROPERTY OWNER: LYNNHAVEN CROSSING, LC Section 242.1 of the City Zoning Ordinance requires tattoo establishments to meet the following criteria: a) Tattoo parlors and body piercing establishments shall be subject to the requirements pertaining to tattoo parlors and body piercing establishments set forth in Chapter 23 of the City Code, which requirements shall be deemed to be conditions of the conditional use permit; and URBAN X-CHANGE / LYNNHAVENCROSSING LC `- "t ~~4genda Item 5 - Page 1 b) No tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Developed retail center SURROUNDING LAND North: Across Lynnhaven Mall Loop is retail (Lynnhaven Mall) / B-2 USE AND ZONING: Community Business District South: . Strip retail center / B-2 Community Business District East: . Retail / B-2 Community Business District West: Retail / B-2 Community Business District NATURAL RESOURCE AND The majority of the site is impervious, as it is developed with a structure CULTURAL FEATURES: and parking lot. There are no significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP1: This section of Lynnhaven Parkway is the site of CIP Project #2.157.000, a VDOT-administered project with completion expected by the end of May, 2010. This project has expanded Lynnhaven Parkway to a divided six-lane major urban arterial with a bikeway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Lynnhaven Counts 49,300 ADT (Level of Existing Land Use - Parkway unavailable Service "C") - 132 ADT since 2006 52,600 ADT' (Level of Proposed Land Use 3- due to road Service "D") 86 ADT and construction 10 eak hour tri s Average Daily Trips zas defined by 3,000 SF specialty retail center s as defined b 2,700 SF tattoo arlor and 300 SF retail HEALTH DEPARTMENT: The owner of the proposed tattoo studio must secure an operating permit from the Health Department after approval by City Council of this Conditional Use Permit request, but prior to beginning operation. The owner should contact the Environmental Health Specialist to begin that permit process. EVALUATION AND RECOMMENDATION This proposed tattoo studio will be centrally located in a retail strip center between a financial services office and a restaurant. There is ample parking on the site for patrons and employees of the retail center and the tattoo studio. The Zoning Ordinance requires any tattoo or body piercing establishment be located at least 600 feet away from any other tattoo or body piercing establishment, or from any Residential or Apartment district, or school. The lease space where the studio will be located meets this requirement. Before the applicant can obtain a business license to operate, the applicant must meet with the Health Department to determine if the unit meets the requirements of Chapter 23 of the City Code. This section establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A business license will not be issued until the requirements of the Health Department are met. Staff recommends approval subject to the conditions below. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any signage for the building and the tattoo studio shall meet the requirements of the Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any wall area of the exterior of the building, windows, and/or doors. 3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 4. The Conditional Use Permit for the tattoo studio is approved for a period of one year with an administrative review every year thereafter. 5. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the retail sales area within the establishment. 6. The hours of operation shall be 10:00 a.m. to 10:00 p.m. Monday through Saturday and from 12:00 p.m. to 8:00 p.m. on Sunday. s ,= ;4` ~ , < e"~~' URBAN X-CHANGE / LYNNHAVENkCRCSSIN~ LC `agenda Item 5 Page 3 NOTE: Further conditions maybe 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 fhe Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. _ j ~ , , m. - - F~ -~ ~ ~ Utz ~~~'`~. ~ - ~ ` ~~ :_` -- ~.~--1 -_" ~- . y ~ ~. ~ . ~. ~.. S.+ ~ ~ ' '` ~ ~ F~ ~~ c - - ~'~ .~ ~ _~ _ ~ _l ~ v ,= j It s E .a ,~ i .- - ~d ~'S.- -- _ r-- F ~ __~-__---Y_ ~ , _ _ _ Radios 60©(N} ~,~. ~~~1 i ! 3I 5 ~ - , _ r-- c: ~ _. 4~on,__ o~r~as -_ _ ~. ... -- - ~ --~ y _ ~~ ,~ ~ y1 ~ _ ~ ~ . ~y ~~ ~- r r a._. i _Ht 3D99 ''` _.t ~ ~ .~ - 83~,~ J~ ~ ~_ ~~ ,.. - ~ r ~ fi' ~ 600-FOOT RADIUS FROM STUDIO TO CLOSEST LOCATION CRITERIA FEATURE (other tattoo parlor, Apartment or Residential zoning district, or school) URBAN X-CHANGE / LYNNHAVEN CROSSING LC Agenda Item 5 Page 5 AERIAL OF SITE LOCATION URBAN X-CHANGE / LYNNHAVEN CROSSING LC ~4genda Item 5 Page 6 ~' ~ ~ f'~ ~ _e ~ .: ~.Y ._ ~~ a ~~~~'' _'°~,_ _ ~ "'_ ..~~ ~~_ ~` ~', f " .,.a i ~~ • r L ,~ e3 ~.` -% ~ ' i E ~ r V ra a ~ £ ~ ,I..j',~.~~ ~ fig„ .._ 11N0 '~''~y~. i {' ~~ ' i fd ~~ ~6 j j+ 1 e.s K 4' a i i ~ ~ ~ ~ ~~ t k A t t3'ta •a+w ~., IIIIU~ ~ ~~ .~~, ~~~ (' ~~ilillll~~~~i~1~ .~L ,IE ~' ~ ,~ -- E Y r ~ ~ ., ~~~5 ~~~~lt~E~~lei'rEe~~lif#lpY~i~rl~~i t~~ ~s '~> f ~9•~_'l.l ~ ~ E~ ~ ~ 1 g W fp 1 _- 't ~ ~ ! f ~ r~;~ ¢I ~J~I ! 1 0 ~~.. 4P a3i ~ 2SFt 1 ~~ !#Ij Y3 ~ 3 o~ ` ~~ ~ ~ ~E9 ~ jjj ~~t ; ~ g x EXISTING SITE LAYOUT URBAN X-CHANGE / LYNNHAVEN CROSSING LC Agenda Item 5 Page- 7 PROPOSED LEASE SPACE URBAN X-CHANGE / LYNNHAVEN CROSSING LC Agenda ltem 5 Page 8 T.,,. I~rb~.n X-Change II, Inc. r.:4;5 rbri_ 4~4;~ ~- _ ;: _, ~. eM -- ~' ~~ ~ ` ~ Lynnhaven Nlaii ~ `~~ ., j ~..~ ~- 'J ; $2 4• B~ ~ ~ r `~~ ,~°' L nnhaven Ma`~i 400 ~~ __ _ ~~~` ~ ~~~ ._ -~ y ~_ B a. a CUP - T~toa Parlor 1 12/02/08 Modification of Conditions Granted 07/12/82 Conditional Use Permit (service station Granted 2 10/14/97 Conditional Use Permit auto repair & sales Granted 3 11/12/93 Conditional Use Permit bin o hall Granted 4 10/12/93 Conditional Use Permit bin o hall) Granted 5 11/26/91 Conditional Use Permit church Granted 6 10/27/86 Conditional Rezonin from B-2 to H-1 Granted 7 08/13/84 Street Closure Granted ZONING H15TORY URBAN X-CHANGE / LYNNHAVEN CROSSING LC Agenda Item 5 Page 9 DISC1_C~3SURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporateds organization, complete the following: 'l . List the applicant name followers by the names of all officers, members, trustees, partners, etc. belaw: (Attach Jilt if necessary Urban-X-Change IE Ir~JMatthew Hutchinson, Presi~nt and CEO 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary] © Check here ifi #'te applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PRQPERTY OWNER a1SCLGISURE Complete this section tarty if property owner is different from applicant. If the property owner is a corporation. partnership, firm, business, or other unincorporated organization, complete the following: 'i. list the property owner name followed by the names of all ofFieers, members, trustees, partners, a#c. below:: {At#aeh list if necessary) Lynnhavers Grossing, L.G., Alan NordEinger, member; Alison Nark"snger Rachels, rnsmber; J.fAfi Corp.., member, Richard M. Jacobson, member 2. List all businesses That have aparent-subsidiary' or affiliated business entity relationship with the applicant: ~Atfach list if necessary) t~UA fl Check here if the property owner is NOT a corporation, partnership., firm, business, or otYrer unincorporated grganizafaon. 8 See next page fc~r l~tnotes 13oes an official or employee ofi the City of Virginia Beach have an interest in the subject land? Yes No ~ If yes> what is the name of the official or employes and the nature of their interest? c- ~ tti Ct~e Fart tx~r ~;., s ~ is ~.. .. ~ a:~t~ar ~--~ ••-a W W c/~ ~~3- 0 }-..~ H A O U URBAN X-CHANGE / LYNNHAVEN CRCS5ING LC Agenda .item 5 -Page 10 z 0 c~3 a a~ W a~ W z 0 0 v DISCLOSURE STATEMENT ADDtTtt3NAL DISCL~St1RES List all known contractors or businesses that have ar 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} Zukerman & Assoceates, CPA S.L. NUSSAUM REALTY CO. F2aussos, Lasseter, Glanzer 8 Marcus, PL,C. ~ ` "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the vofsng j power of another corporation." See State and Local Government Conflict of Interests Act, Va. ' Code§2.2-3'Ed1. '' "Affiliated business entity relationship° means "a relationship, other titan parent- subsidiary relationship, that exists when {i} one business entity has a controlling ownership Interest in the other business ent€ty, (ii) a controlting owner in one entity is also a controlling owner in the other entity, or {iiij 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 substanteally the same person own ar manage the two entities; there are common or commingled funds or assets; the lousiness entities share the use of the carne 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 Slats and Local Government Conflict of Interests Act, 1Ca. Code § 22-3101. CERTIFtCATiON: t certify that the informaon contained herein is true and accurate. I understand the#, Upon receipt of notification (postcard) chat the application has been scheduled for pudic hearing, l am responsible #or obtaining and posting the required sign on the subject prrty at least 3U days prior to the scheduled pubtie gearing acxording to the instructions in this package. The Urrcfersigned also consents to entry upon the sub}ect pro#~rty by employees of the t3epartment of Planning to photograph and view the site far purposes of processing and evaluating this application. ~~ ._ ~ ~,®,-„_.,-_.. Matthew Hutchinson .a '~_,~ignat e _.__ Pant 3+lar'~e of Richard fvf. Jacobson Print Piame C~'eeis4i~naS Use Permit r",pplicet.4r~ Page tdtrf €C Fte>riseci 7t3?2u~p7 URBAN X-CHANGE / LYNNHAVEN CROSSING LC Agenda Item 5 Page 11 Item #5 Urban-X-Change II, Inc. Conditional Use Permit 829 Lynnhaven Parkway District 3 Rose Hall May 12, 2010 REGULAR Joseph Strange: Mr. Secretary, will you call the next item. Al Henley: The next item is item 5, Urban -X-Change II, Inc. An application of Urban-X- Change II, Inc. for a Conditional Use Permit for a tattoo, permanent make-up and body piercing establishment on property located at 829 Lynnhaven Parkway, District 3, Rose Hall. The first speaker that we have is Matthew Hutchinson. Matthew Hutchinson: Yes sir. Hutchinson. Good afternoon ladies and gentlemen. I'm Matthew Hutchinson. I'm the President of Urban-X-Change. We are a retailer of clothing, jewelry, skateboards, and surfboards. We also provide the services of body piercing and tattooing at several of our locations. We have two of them down at the Oceanfront in Virginia Beach, where we actually do body piercing. We're grandfathered in. We've done there for such a period of time that there was no ordinance at the time we moved down there. I'm very familiar with the map they we're talking about because I've been trying to find an appropriate location for the tattooing in Virginia Beach for over ten years actually. Our business is a family business. I have a 17 year old, and a 14 year old who grew up in the business. More of the clothing end. We started doing the tattoo and body piercing more recently. As far as the location itself, I've visited with just of the property owners and businesses that are there at Lynnhaven Crossing Shopping Center. I spoke to 4 or 5 of the owners. I didn't get anyone who was opposed to it. I did that before I signed a lease so to make sure that I was not going to have a big problem with the neighbors in the future. The business that I was most concerned about was called the Jumping Monkey. I think some of you went to visit this site. It is a children's play area. So, I went in and spoke to the owner there, and she actually was not opposed to it. She is actually supportive of it. I have a letter, if you permit me, I would like to read it very, very briefly. It is from Patricia Dresh, I believe it is pronounced. Anyway, here is her letter from the Jumping Monkey, and signed by her. "To whom this may concern. I, Patricia Dresh, owner of the Jumping Monkey, am writing to inform you that I do not object of the opening of Urban-X-Change by Matt Hutchinson in the Lynnhaven Shopping Center. I support the opening of new business that will assist in bringing more clientele to the area". And then she goes on to say that if I can be of any assistance, please call me. She leaves her phone number, and it is signed by her. I've attempted a couple of others over the last decade locations, and have been denied in Virginia Beach. This time, as in other times, I have worked closely with the Planning staff. When I first went down to pick up my orange sign, there was only one sign. The following day I called Karen Prochilo, and I thought full exposure could only be done with additional signs. She had a couple of other signs waiting forme the other day. One day I came back with one of my employees. You probably Item #5 Urban-X-Change II, Inc. Page 2 saw if you went out there a couple of fairly large wooden structures, so you can't miss it. And, I'm in complete agreement with all the conditions. I would just ask that you approve us. Joseph Strange: Thank you Mr. Hutchinson. Matthew Hutchinson: Thank you. Joseph Strange: Are there any questions for Mr. Hutchinson? Christopher Felton: Mr. Chairman? Could you just please explain to me what your floor plan will be once you do open up the store. Because I know it is a little different because you're going to be doing the clothing, the jewelry, and the tattooing. Matthew Hutchinson: Right. When you first walk into the unit there is about 350-squaze feet. It is an open floor area with walls. We plan on putting the surf boards and skateboards as we do at the other locations up against the walls. And, we're going to fill in the front part with clothing racks with t-shirts. We sell a lot of club weaz, and maybe some bathing suits, that sort of thing. Then in the back, well there is kind of a large desk area where we're going to have the register, and so forth on the left when you walk in. And, there is a doorway that leads into where the studios are. The studios aze already built out. It was previously a dentist office so there is a doorway into that, and that is where we're going to do the body piercing and tattooing services. Christophe Felton: You're not going to have this chair just sitting in the middle of the clothes? Matthew Hutchinson: Absolutely not. And, this is something that, and I don't know if any of you have been into our store. We're in malls in Patrick Henry. I was in Lynnhaven for 7 or 8 years but we represent our self more as a clothing retailer even though the majority of our revenues aze generated through body piercing or tattooing. But if you look at the store you wouldn't know it was a tattoo parlor. As a matter of fact, we don't like to call ourselves that because we're more of a mainstream, if you will, of look and clothing appeazance. Christopher Felton: Thank you. Matthew Hutchinson: You're welcome. Joseph Strange: Are there any other questions? Al Henley: The next speaker in support is Rich Jacobson. Rich Jacobson: Thank you. I've had the pleasure of meeting Matt Hutchinson. Ed Weeden: Identify yourself. Rich Jacobson: I'm sorry. I'm Rich Jacobson. I'm the managing general partner of the shopping center. I've had the pleasure of meeting Matt about ten yeazs ago when he was first looking to Item #5 Urban-X-Change II, Inc. Page 3 relocate from outside Lynnhaven Mall. He gave us quite an expensive package. It was not on this particular shopping center but it was another property in the Lynnhaven area that we managed and leased. I have to admit that ten years ago there was probably a little different philosophy. It was a newer concept. The owners of that project elected to pass. Matt continued to stay at Lynnhaven for a while. Over the course of those last 10 years, we have been approached by several of these classifications. Mr. Rosenbach, who is with me today received a lot of those calls. We decided that if we were going to consider this use that I absolutely wanted to go back to Matt Hutchinson. I didn't know if he was still in the business. We did eventually contact him. Sure enough, he had other locations, which I visited in Patrick Henry Mall and Chesapeake Square Mall. And, just the fact of his name, I think leads itself to a little more than just being a tattoo and body piercing. So, we were certainly onboard at that point to consider this road. And hopefully, he will be accepted from the Planning Commission and you all could recommend it. I also just want to close by saying that we have a very large investment here, many millions and millions of dollars. We do not want to put something in that would take away from that. He has my complete support. We will now leave it in your hands. Thank you. Joseph Strange: Thank you Mr. Jacobson. Are there any questions? Al Henley: The next speaker in support is Murray Rosenbach. Murray Rosenbach: Well, I don't have much more to add other than. Ed Weeden: Identify yourself. Murray Rosenbach: I'm song, Murray Rosenbach. I work directly with Matt on the lease. I also accompanied Mr. Jacobson out to Patrick Henry Mall and Chesapeake Square Mall to see the stores. I also did speak with the general mall manager at Patrick Henry about his operation. He had nothing but good things to say about him, and again we spoke with our anchor tenant, the Jumping Monkey. Again, she is very much on board with Matt's operation coming into the property. Thank you. Joseph Strange: Thank you Mr. Rosenbach. Are there any questions? Thank you very much. Al Henley: The next speaker in opposition is William C. Bischoff. William Bischoff: Good afternoon, I'm Bill Bischoff. I represent Ancient Art. I'm representing the competition of this applicant. I'm going to incorporate my reference, my comments to the previous application. I would like to take a moment though, a few minutes to address Mr. Macali's comments and advocacy. It happened a long time ago. It was nine years ago, and quite frankly when this came up a few weeks ago, I had to pull my file from nine years ago to go through it to remember everything. Institutional memory is established by documents. It is not merely what I say. It is not merely what Mr. Macali says. The documents support my view that the map was the set of rules that were established then as to where tattoo parlors could go. It is as simple as that. And, I didn't make copies today but I certainly will put it in the record at Council that Apri126, 2001, a letter from Ms. Lasley states "you are welcome to the Zoning Item #5 Urban-X-Change II, Inc. Page 4 Office and study the one copy that we have of this map". Why do you have a map if it wasn't going to set the rules? I mean that just strains the imagination. That is not what was said, what Mr. Macali has represented to you. I am not saying he is being disingenuous because he is my friend, and I know him to be a good lawyer, and an honorable man. I am just saying that the rules were established, and they are in black and white. I have the verbatim to back it up. Now, again do you have the authority to change the rules? Of course you do. Can Council do that? Of course, I've never said that those rules had to be in place in perpetuity. The question is, and I would suggest that the enology should be is whether the conditions in that particular neighborhood, not real estate in general have changed in the last 9 years that warrant you revisiting the issue of the map. You know, staff did make these representations to people. The tattoo issue was a hot issue nine years ago. It's not now. Everybody believes the same thing that we were saying back then that it could safe. It could be clean. It could be perfectly acceptable. But that map was the rule. And, I would ask you not to change the playing field and to keep it level until you establish that there has been some substance change. I'll be happy to answer any questions. Joseph Strange: Are there any questions for Mr. Bischoff? Mr. Macali? Bill Macali: I'll be very brief. Mr. Bischoff is my friend, and he is a good lawyer too. Nothing he says is intended to be disingenuous. But had we intended to adopt that map as the sole determining of what locations were okay for tattoo parlors, we would have adopted an ordinance saying that, just like we do ordinances adopting the Zoning map, which is binding. There is no such ordinance. All we did was adopt the ordinance saying not within 600-feet of a school, apartment or residential district. And as I said was all we did that map for was for illustration purposes. I'll leave it at that. Again, he's right. It was a very hot issue back then. It was a very, very difficult issue for all parties. It's not now. I think the best evidence of why that map is not controlling is the fact that there is no ordinance, which makes it controlling the ordinance which is passed is the ordinance, which just limits it by the distance not with reference to a map. Joseph Strange: Thank you Mr. Macali. Mr. Ripley? Ronald Ripley: I was on the Commission when this came before us. I recall at first the Commission didn't want this to happen, to have this type of ordinance. But it did go through the process, the legal process and it came back. And, I don't remember a map either. I do remember, I can remember a case where the radius was missed by a few feet, and the application was denied. So, it has been very hard to pass a rule that I've seen employee given. It has been very clean cut. So, I think the ordinance is what it is. I agree. Joseph Strange: Thank you Mr. Ripley. Are there any other comments? Mr. Horsley? Donald Horsley: I think I was here with Ron at the same time when we approved this. A lot of times we do things to help people, and it comes back to bite us every once in a while. Karen, that is exactly what the map was for, it was a map that was designed when people come in and say, where can I have one? Well, this is an area on this map where you can one. It doesn't say, like Bill says it is not in the ordinance. It is documented if you stick to this map. So, that is what Item #5 Urban-X-Change II, Inc. Page 5 you get for trying to help people. So, I don't have a problem with it at all. I don't think we changed the rules at all. Joseph Strange: Before we go any further, Mr. Hutchinson you can have some rebuttal if you would like? Matthew Hutchinson: I just want to say very briefly. Ed Weeden: Identify yourself again please? Matthew Hutchinson: I'm Matthew Hutchinson. I don't think his opposition, and he didn't state that it was applying to us because I believe that we were in the red zone. But I just wanted to, first real quick, was very clear to someone who was there when the law first changed, and we all were scrambling around to get the map. And, I personally got a map from Karen. But, it was clearly stated that it was a guide. I know, I was wondering, well does that mean that if we find a spot, and someone is willing to rent to us in the red zone, do we get a location? It was very clear, and I have a couple of those maps to this very day. But, it was certainly clear to me that it was a guide, and something to assist us in trying to find a location that would be appropriate or in- appropriate. Joseph Strange: Are there any questions for Mr. Hutchinson? Thank you very much for coming. William Bischoff: I'm sorry, I have a question. Joseph Strange: No questions. The hearing is closed, and we're now open for discussion among the Commissioners. I recognize Mr. Felton. Christopher Felton: I was going to make a motion to approve the application. Joseph Strange: Okay. Is there any other discussion? A motion has been made to approve the application by Mr. Felton. Do I have a second? David Redmond: Second. Joseph Strange: A second by Mr. Redmond. We're now ready to vote. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE Item #5 Urban-X-Change II, Inc. Page 6 REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Urban-X-Change II, Inc. APPOINTMENTS BEACHES and WATERWAYS COMMISSION PARKS and RECREATION SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 06/08/2010gw www.vbgov.com C/TY OF VIRGIN/A BEACH SUMMARY OF COUNC/L ACTIONS DATE: 5/25/2010 B PAGE: 1 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE ( A T E D N O S H L W T V E Z Y L N O R S O T 1 P E E E E M 1 O O O S H L R Y S S N N D UA BRIEFING: INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance De artment 11/IIUIVN/ CERTIFICATE OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y A Y Y Y Y Y Y V/E B S T A I N E D F-1 MINUTES -May 11, 2010 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y `~ B S T A I N E D G/H-l.a MAYOR'S PRESENTATION: Green Run High School "Inspiration Dr. George Award" Parker, [II, Anne Midyette, Sharon Walker, Keenan Williams, Kaitlyn Crowe b Senior Deputy City Clerk Gloria Winkler, MMC 1-1 PUBLIC BID OPENING AWARD LICENSE No Speakers WESTIN TOWER at Town Center J-1 PUBLIC HEARINGS INSTALLMENT PURCHASE No Speakers AGREEMENTS ARP Easements756/772 Princess Anne Road 2 LEASE OF CITY-OWNED PROPERTY No Speakers a. 3rd StreeUAtlantic Ave b. T-Mobile Northeast, LLC - 616 No. Great Neck Road CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACT/ONS DATE: 5/25/2010 B PAGE: 2 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M 1 O O O S H L R Y S S N N D 3 SALE OF EXCESS PROPERTY No Speakers 2278 Wolf Street 4 PPEA PROPOSAL 3 Speakers Adoption Friendly Animal Shelter K/L-1 Ordinance to AMEND Section 5-401 of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City Code re tees for CONSENT impoundmenUspaying/neutering of animals 2 Resolutions re Water/Sewer Bonds: ADOPTED, BY 1 1-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. AUTHORIZE Refunding Bonds not to exceed $125-million b. Ninth Supplemental Master Water and Sewer Revenue Bond Resolution 3 Ordinance to DECLARE City property ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXCESS at 280 London Bridge CONSENT Road/AUTHORIZE sale of property to Robert F. Sutherland 4 Ordinance to ESTABLISH r-o-w of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Princess Anne Road/ Oakmears Crescend CONSENT Hampshire Lane/Witchduck Road/Kempsville Road/Bonney Road/Chief Trail as underground utility corridors /AUTHORIZE Agreements for reimbursement of costs with VDOT/utility owners 5 Ordinances to AUTHORIZE acquisition of ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Agricultural Land Preservation (ARP) CONSENT B easements to Whale Wallow, L.C.: S T a. 772 Princess Anne Road A $1,617,805 I b. 756 Princess Anne Road N $1,290,666 E D 6 Ordinance to AUTHORIZE a Lease for ADOPTED, BY i t-0 Y Y Y Y Y Y Y Y Y Y Y vehicular parking with the Dolphin Run CONSENT Condominium Assoc at 3`~ StreeUAtlantic Avenue 7 Ordinance to AUTHORIZE a Lease with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y T-Mobile re telecommunications facilities CONSENT at 616 North Great Neck Road 8 Ordinance to AUTHORIZE Virginia ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Water/Wastewater Agency Response CONSENT Network Mutual Aid A reement CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 5/25/2010 B PAGE: 3 E D S L E D H E W AGENDA L D S 1 E J S U 1 ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 9 Ordinance to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' encroachments into portion of City-owned CONSENT r-o-w for EDWARD F./CHRISTEL L. LEWIS at Croatan Beach, 522 South Atlantic Avenue, for beach access DISTRICT 6 -BEACH ] 0 Ordinance to APPROPRIATE $200,000 ADOPTED, BY l l-0 Y Y Y Y Y Y Y Y Y Y from FEMAB to Fire re deployment of CONSENT VA-TF2 Tram for Haiti Earth wake 11 Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y `~' $200,000 grant from U.S. Depart of CONSENT Energy to Planning re development of an ene assurance ro ram 12 Ordinance to APPROPRIATE $9Q000 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y 't from Fund Balance of Sheriff s Depart to CONSENT su ort medical de u ositions 1 3 Ordinance to APPROPRIATE ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y '~! $1,266,587/TRANSFER ARP Special CONSENT B Revenue Fund re agricultural land S preservation easements T A I N E D l4 Ordinance to TRANSFER $265,210 to ADOPTED, BY l l-0 Y Y Y Y Y Y Y Y Y Y Y Sheriff re State im osed furlou 6/benefits CONSENT IS Ordinance to TRANSFER $52,135 from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Fire re replacement defibrillators CONSENT M-1 BREATHWAITE PLACE at 732-746 Newtown Road/5573 Rock Creek Lane re townhouse dwellings. KEMPSVILLE- DISTRICT 4 APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y a. Street Closure multi-family project CORRECTED PLAT/ ORDINANCE/ CONDITIONED, BY CONSENT APPROVED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y b. COZ from R-7.5 to Conditional A- PROFFERED, Zq BY CONSENT 2 JACQUELINE B. AMATO to enlarge a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y" Nonconforming Structure at 5306 Atlantic CONDITIONED, Avenue. LYNNHAVEN -DISTRICT 5 BY CONSENT C/TY OF V/RGINIA BEACH SUMMARY OF COUNC/L ACTIONS DATE: 5/25/2010 B PAGE: 4 E D S L E D H E W AGENDA L D S 1 E J S U I ITEM # SUBJECT MOTION VOTE [ A T E D N O S H L W T V E Z Y L N O R S O T 1 P E E E E M I O O O S H L R Y S S N N D 3 CHESAPEAKE ATLANTIC, LLC REFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditional COZ BACK TO (approved October 24, 2006) at 173/177 PLANNING South Birdneck Road/1228 Jenson Drive. COMMISSION, BEACH -DISTRICT 6 BY CONSENT 4 GRACE BIBLE CHURCH Modification APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y of Conditions 1/2 (approved on April 24, CONDITIONED, 2007) at Ansol Lane. ROSE HALL - BY CONSENT DISTRICT 3 5 HARVEST OUTREACH MINISTRIES, DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y INC. for Modification of Conditions 1/2 6/8/2010 RE (approved on March 25, 2008) at 3168 CONCERNS Indian River Road. PRINCESS ANNE -DISTRICT 7 6 VA BEACH UNITED METHODIST APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHURCH CUP re expansion of religious CONDITIONED, uses at 212 19`" Street. BEACH - BY CONSENT DISTRICT 6 7 T-MOBILE NORTH EAST, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y L.L.C./EDISON LANE STORAGE CONDITIONED, ASSOC., LLC, CUP re communication BY CONSENT tower at 1744 General Booth Boulevard. PRINCESS ANNE -DISTRICT 7 8 CITY CUP re outdoor artists market (flea ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y market) at Parks Avenue/19'" Street . CONSENT BEACH -DISTRICT 6 9 Ordinances to AMEND the City Zoning DEFERRED 6-5 Y Y Y Y Y N N N Y N N Ordinance (CZO): INDEFINITELY a. Sections 11 !/215/216 to ADD Section 218 defining electronic display billboards/ESTABLISH a fee of $400.00 for applications authorized by Va Code Section 15.2-2286 (A 6) b. Section 501 to allow cemeteries/ ADOPTED, BY 10-0 Y Y Y Y Y Y A Y Y Y Y columbariums/crematoriums/ CONSENT B mausoleums as Conditional Uses in S R-20/R-30/R-40 T A I N E D CITY OF VIRCINlA BEACH SUMMARY OF COUNC/L ACTIONS DATE: 5/25/2010 B PAGE: 5 E D S L E D H E W AGENDA L D S I E J S U [ ITEM # SUBJECT MOTION VOTE 1 A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D N APPOINTMENTS: ointed: Rea 11-0 Y Y Y Y Y Y Y Y Y Y 1' BAYFRONT ADVISORY pp 3 Year Term - COMMITTEE 7/l/]0 - 6/30/13 Kal Kassir MINORITY BUSINESS COUNCIL Appointed: 2 year 11-0 Y Y Y Y Y Y Y Y Y Y term - 6/2/10- 5/31/12 Byron Williams and Amma Anyane-Ntwo Guierrier TIDEWATER TRANSPORTATION Reapointed: 2 11-0 Y Y Y Y Y Y Y Y Y Y `( DISTRICT COMMISSION OF year term - HAMPTON ROADS 7/1/10-6/30/12 Councilman John E. Uhrin and Councilman James L. "Jim" Wood TIDEWATER YOUTH SERVICES Reappointed: 4 11-0 Y Y Y Y Y Y Y Y Y Y '~' COMMISSION year term - 7/1/10-6/30/12 Barbara Brinson BEACHES AND WATERWAYS RESCHEDULED B Y C O N S E N S U S COMMISSION SOCIAL SERVICES BOARD O/P/Q ADJOURNMENT: 7:51 PM