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SEPTEMBER 14, 2010 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District a RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER, Centerville - District I BARBARA M HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large .JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITYASSESSOR JERALDBANAGAN CITY AUDITOR -- LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 14 September 2010 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-800 PHONE. -(757) 385 -430 - FAX (75 7) 385-5665' E-MAIL: Ctycncl@vbgov.con I. CITY COUNCIL'S BRIEFING: - Conference Room - 3:30PM A. BAYFRONT ADVISORY COMMITTEE — Activities and Recommendations Kal Kassir, Chair B. NEIGHBORHOOD NAVIGATIONAL DREDGING Vice Mayor Louis R. Jones David L. Hansen, Deputy City Manager II. CITY MANAGER'S BRIEFING: A. LEGISLATIVE AGENDA 2011 Robert Matthias, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 5:30 PM VII. FORMAL SESSION - City Council Chamber - 6:00 PM1 A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Irvin W. Knight, Sr. Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 24, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. FY 2010-2011 CAPITAL BUDGET AMENDMENT Norfolk Southern right-of-way acquisition I. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §§18-64 and 18-85 re License Taxes on establishments that provide Transient Lodging b. §18-32 re Permit Fees for Precious Metals Dealers 2. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $20,000,000 from the Commonwealth of Virginia and $5,000,000 from the General Fund Balance re Norfolk Southern Railway right-of-way acquisition K. L. b. $31,135 from the U.S. Department of Homeland Security via the Virginia Department of Emergency Management to continue the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) programs c. $16,250 from US Department of Homeland Security to Fire re equipment for the Hazardous Materials Team (HAZMAT) d. $55,150 from the Virginia Division of Motor Vehicles (DMV) with a City match to Police of $11,030 re DUI Enforcement e. $65,980 from the Virginia Division of Motor Vehicles (DMV) with a City match to Police of $13,196 re Seat Belt Enforcement 3. Resolution to REFER to the Planning Commission AMENDMENTS to the City Zoning Ordinance (CZO) re Environmental Education Centers in the P-1 (Preservation) District PLANNING 1. Application of VICTOR M. and BARBARA A. WEST for a Nonconforming Use re an antique/craft shop at 4100 Charity Neck Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of VIRGINIA BEACH TRAVEL SOCCER, INC. for Modification of Condition No. 5 re restrictions on the use of outdoor field lighting (approved on 9/8/09 and deferred 6/9/10) at 2949 Shipps Corner Road (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 3. Application of AMERIGROUP CORPORATION for a Conditional Use Permit re a cafe and deli at 4433 Corporation Lane (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 4. Application of CITY OF VIRGINIA BEACH to AMEND Section 501 of the City Zoning Ordinance (CZO) re outdoor recreational and amusement facilities in Residential Districts RECOMMENDATION APPOINTMENTS COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOARD APPROVAL 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 .• ► �aaaaaa►aaaaaaaaa►aaaaaaaaa��" >• ► • CITY COUNCIL ► ; . (; RETREAT 8:30 AM — 5:00 PM � k: * FRIDAY and SATURDAY � ► s• i January 21-22, 2011 ► , + ► i CONFERENCE ROOM Suite 1000 ► + 222 Central Park Avenue TOWN CENTER CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 I. CITY COUNCIL'S BRIEFING: - Conference Room - 3:30PM A. BAYFRONT ADVISORY COMMITTEE — Activities and Recommendations Kal Kassir, Chair B. NEIGHBORHOOD NAVIGATIONAL DREDGING Vice Mayor Louis R. Jones David L. Hansen, Deputy City Manager II. CITY MANAGER'S BRIEFING: A. LEGISLATIVE AGENDA 2011 Robert Matthias, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 11 VII. FORMAL SESSION - City Council Chamber - 6:00 PM il A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Irvin W. Knight, Sr. Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 24, 2010 G. FORMAL SESSION AGENDA Itroalit tt'* Litt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING 1. FY 2010-2011 CAPITAL BUDGET AMENDMENT Norfolk Southern right-of-way acquisition PUBLIC HEARING AMENDMENT TO THE FY 2010-11 CAPITAL BUDGET: Appropriation of $20,000,000 State Grant and $5,000,000 from the Fund Balance of the General Fund On Tuesday, September 14, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2010-11 Capital Budget. The amendment is necessary to accept and appropriate a $20,000,000 Transportation Partnering Opportunity Fund grant and to appropriate $5,000,000 from the Fund Balance of the General Fund to CIP 2-301, "Norfolk Southern Right of Way Acquisition" for the purchase of the Norfolk Southern Rail Line (the "Rail Corridor"). The City will use the $5,000,000 to exercise an option to purchase a utility easement reserved by Norfolk Southern over the Dominion Virginia Power line within the Rail Corridor. These Hearings are open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD — 711. Ruth Hodges Fraser, MMC City Clerk CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §§18-64 and 18-85 re License Taxes on establishments that provide Transient Lodging b. §18-32 re Permit Fees for Precious Metals Dealers 2. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $20,000,000 from the Commonwealth of Virginia and $5,000,000 from the General Fund Balance re Norfolk Southern Railway right-of-way acquisition b. $31,135 from the U.S. Department of Homeland Security via the Virginia Department of Emergency Management to continue the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) programs c. $16,250 from US Department of Homeland Security to Fire re equipment for the Hazardous Materials Team (HAZMAT) d. $55,150 from the Virginia Division of Motor Vehicles (DMV) with a City match to Police of $11,030 re DUI Enforcement e. $65,980 from the Virginia Division of Motor Vehicles (DMV) with a City match to Police of $13,196 re Seat Belt Enforcement 3. Resolution to REFER to the Planning Commission AMENDMENTS to the City Zoning Ordinance re Environmental Education Centers in the P-1 (Preservation) District CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 18-64 and 18-85 of the City Code Pertaining to License Taxes on Establishments Offering Transient Lodging MEETING DATE: September 14, 2010 ■ Background: The City has imposed a license tax on establishments that provide lodging for transients since 1965. City Code section 18-64 addresses establishments such as boarding houses, lodging houses and tourist homes that accommodate five people or less. City Code section 18-85 addresses hotels, motels, motor lodges, auto courts and tourist camps. In the 2010 General Assembly Session, the Virginia Code was amended to clarify that, among establishments offering lodging to transients, campgrounds and bed and breakfast establishments are required to obtain a business license. ■ Considerations: While the current language of the City Code is sufficiently broad to require a campground or a bed and breakfast to obtain a business license, the purpose of this amendment is to have the City Code mirror the State Code. ■ Public Information: This item will be advertised in the normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of Revenue City Manage . brr� 1 AN ORDINANCE TO AMEND SECTIONS 18- 2 64 AND 18-85 OF THE CITY CODE 3 PERTAINING TO LICENSE TAXES ON 4 ESTABLISHMENTS OFFERING LODGING 5 TO TRANSIENTS 6 7 SECTIONS AMENDED: §§ 18-64 & 18-85 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That Section 18-64 and 18-85 of the Code of the City of Virginia Beach, Virginia, 13 is hereby amended and reordained to read as follows: 14 15 Sec. 18-64. Boardinghouses, lodging houses and tourist homes. 16 The license tax rate for every person engaged in keeping a boardinghouse, lodging 17 house, bed and breakfast, campground or tourist home, where the total number of 18 rooms available for boarders or lodgers is five (5) or less shall be 0.36 percent of the 19 gross receipts. Where the total number of rooms available for boarders or lodgers is 20 over five (5), such person shall pay the license tax required of hotels and other like 21 establishments under section 18-85. 22 23 .... 24 25 Sec. 18-85. Hotels, motels, motor lodges, etc. 26 27 The license tax rate for every person conducting the business of keeping a hotel, 28 motel, motor lodge, auto court, campground, bed and breakfast or tourist camp shall be 29 0.36 percent of the gross receipts during the preceding calendar year, except receipts 30 from telephone service and except rent from stores and offices. 31 32 2. This ordinance is declaratory of existing law. 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: J 1 Commissioner o R enue City o s ice CA11599 R-1 August 26, 2010 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 18-32 of the City Code Pertaining to the Permit Fee for Precious Metal Dealers MEETING DATE: September 14, 2010 ■ Background: On May 11, 2010, City Council approved numerous budget amendments to include amending City Code § 27-3 to increase the permit fee for precious metal dealers from $200 to $300. ■ Considerations: City Code § 18-32 also references the precious metal dealer permit fee, but was not amended when the budget ordinances were processed. This amendment will update § 18-32 to reflect the correct permit fee. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: b 1�---�gQ&zt "�J 1 AN ORDINANCE TO AMEND SECTION 18-32 2 OF THE CITY CODE PERTAINING TO THE 3 PERMIT FEE FOR PRECIOUS METAL 4 DEALERS 5 6 SECTION AMENDED: § 18-32 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 18-32 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 18-32. Permit required. 15 16 (a) No person shall engage in the activities of a dealer as defined in section 17 18-76.1, pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit 18 from the chief of police. 19 20 (b) To obtain a permit, the applicant shall file with the chief of police an 21 application form which includes the applicant's full name, any aliases, address, age, 22 date of birth, sex, and fingerprints; the name, address, and telephone number of the 23 applicant's employer, if any; and the location of the applicant's place of business. Upon 24 filing this application and the payment of the permit fee set forth in subsection (g) of this 25 section, the applicant shall be issued a permit by the chief of police or his or her 26 designee, provided that the applicant has not been convicted of a felony or crime of 27 moral turpitude within seven (7) years prior to the date of application. Further, the permit 28 shall be denied if the applicant has been denied a permit or has had a permit revoked 29 under any statute or ordinance similar in substance to the provisions of this section, and 30 may be denied if the applicant has been a principal or associate in any partnership, 31 corporation or other business enterprise which has been subject to civil or criminal 32 penalty or any order to cease doing business issued by a federal, state, or local 33 governmental law enforcement or consumer protection agency. 34 35 (c) The chief of police, prior to issuance or renewal of a permit, shall 36 determine that the applicant intends to conduct business at a fixed and permanent 37 location, and shall require proof of ownership of the proposed business premises by the 38 applicant or the applicant's employer, or evidence of a valid lease of such premises held 39 by the applicant or the applicant's employer of no less duration than the term of the 40 license. Conduct of business from a hotel, motel, temporary lodging unit or similar 41 location shall not satisfy the requirements of this section. 42 43 (d) No more than sixty (60) days prior to issuance of the permit required by 44 this section, the applicant must have any weighing devices used in the business 45 inspected and approved by local or state weights and measures officials and present 46 written evidence of such approval to the chief of police or his or her designee. 47 (e) This permit shall be valid until the end of the current business license year 48 and may be renewed in the same manner as such permit was initially obtained upon 49 payment of an annual permit fee. No permit shall be transferable. 50 51 (f) If the business of the applicant is not operated without interruption, with 52 Saturdays, Sundays and recognized holidays excepted, the applicant shall notify the 53 chief of police of all closings and reopenings of such business. The business of a 54 applicant shall be conducted only from the fixed and permanent location specified in the 55 application for a permit. 56 57 (g) The initial and annual permit fee shall be twe three hundred dollars 58 ($240,002UQ for a dealer as defined in section 18-76.1, and twenty-five dollars ($25-.00) 59 for a pawnbroker, junk dealer or secondhand dealer; provided, however, that if an 60 applicant applies for an initial or renewal permit as a dealer of precious metals and 61 gems at the same time as the applicant applies for an initial or renewal permit as a junk 62 dealer or secondhand dealer, the applicant need only pay the twe three hundred dollar 63 ($200:00300) permit fee. If the chief of police refuses to issue such permit, the applicant 64 shall be notified, in writing, of the reasons for the refusal and the applicant may appeal 65 such refusal to the city council within thirty (30) days from the date of such notice. COMMENT: This amendment increases the permit fee for precious metal dealers from $200 to $300, which reflects the increase as approved by City Council on May 11, 2010 when City Code §27-3 was amended. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO CONTENT: Police Department CA11594 R-2 September 1, 2010 APPROVED AS TO LEGAL SUFFICIENCY: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant from the Commonwealth of Virginia and to Appropriate the Grant and General Fund Fund Balance to CIP Project 2-301, Norfolk Southern Right - of -Way Acquisition MEETING DATE: September 14, 2010 ■ Background: On September 4, 2009, the City of Virginia Beach entered into an agreement with Norfolk Southern Railroad Company ("Norfolk Southern") to purchase its railroad line (the "Rail Line") from Newtown Road to Birdneck Road in Virginia Beach. The purchase of the rail line, valued at a total of $40 million, is to be funded as follows: • $10,000,000 initial funding from the City of Virginia Beach • $5,000,000 additional funding from the City, if Virginia Beach opts to purchase a reserved easement ("Reserved Easement") over the Rail Line • $20,000,000 from the Commonwealth of Virginia • $5,000,000 from Hampton Roads Transit ("HRT") The initial funding of $10 million from the City was included in the FY 2008-09 Capital Improvement Program. The City has an option ("Option") until December 29, 2012 to purchase for $5,000,000 the Reserved Easement over the Rail Line, which covers an existing lease to Dominion Virginia Power. The Commonwealth is funding its $20,000,000 contribution through a Transportation Partnership Opportunity Fund Grant (the "TPOF Grant"). ■ Considerations: The TPOF Grant is structured as a 50% matching grant, where the grant will be available to pay only up to 50% of the total purchase price. Therefore, the City must exercise the Option to purchase the Reserved Easement now in order to receive the entire $20 million grant. If the City does not exercise the Option now, the TPOF Grant will be $17.5 million now and an additional $2.5 million when the Option is exercised. The TPOF Grant is being funded by the Commonwealth in accordance with Chapter 130 of the 2010 Acts of Assembly (the "Authorizing Legislation"), which provides that the funds are for expansion of the Norfolk Light Rail system. A study in furtherance of the Norfolk Light Rail system is ongoing. If the terms of the Authorizing Legislation are not complied with by the deadlines set forth in the TPOF Grant agreement, then the City must repay the $20 million grant to the Commonwealth. ■ Public Information: A public hearing was advertised in The Virginian -Pilot Beacon on Sunday, September 5, 2010. The hearing will be at 6pm on September 14 at the City Council Chambers. Also, this item will be published in the normal Council Agenda process. ■ Recommendations: It is recommended that City Council approve the ordinance to accept and appropriate TPOF Grant funds in the amount of $20 million from the Commonwealth and to appropriate $5 million from the General Fund Fund Balance to exercise the Option now. ■ Attachments: Ordinance, Summary of Grant Terms, Summary of Option Terms Recommended Action: Approval of Ordinance Submitting Department/Agency: City Attorney's Office ,.,.„4_ City Manager. 1,L . 1 AN ORDINANCE TO ACCEPT A GRANT FROM THE 2 COMMONWEALTH OF VIRGINIA AND TO 3 APPROPRIATE THE GRANT AND GENERAL FUND 4 FUND BALANCE TO CIP PROJECT 2-301, NORFOLK 5 SOUTHERN RIGHT-OF-WAY ACQUISITION 6 7 WHEREAS, on September 4, 2009, the City of Virginia Beach entered into an 8 agreement with Norfolk Southern Railroad Company ("Norfolk Southern") to purchase 9 its railroad line from Newtown Road to Birdneck Road in Virginia Beach (the "Rail Line"); 10 11 WHEREAS, the purchase of the Rail Line, valued at a total of $40,000,000, is to 12 be funded as follows: $10,000,000 initial funding from the City, $5,000,000 additional 13 funding from the City if Virginia Beach opts to purchase a reserved easement 14 ("Reserved Easement") over the rail line, $20,000,000 from the Commonwealth, and 15 $5,000,000 from Hampton Roads Transit ("HRT"); 16 17 WHEREAS, the City has an option until December 29, 2012, (the "Option") to 18 purchase the Reserved Easement; 19 20 WHEREAS, the Commonwealth is funding its $20,000,000 contribution through a 21 Transportation Partnership Opportunity Fund ("TPOF") Grant, which must be accepted 22 by City Council and appropriated to CIP project 2-301 for the acquisition of the Norfolk 23 Southern Rail Line; 24 25 WHEREAS, the TPOF Grant is structured as a 50% matching grant, where the 26 grant will be available to pay only up to 50% of the total purchase price of the Rail Line; 27 28 WHEREAS, the City must exercise the Option to purchase the Reserved 29 Easement now in order to receive the entire $20,000,000 grant, and if the City does not 30 exercise the Option now, the TPOF Grant will be $17,500,000 now and an additional 31 $2,500,000 when the Option is exercised; and 32 33 WHEREAS, the City Council desires to exercise the Option in order to receive 34 the entire $20,000,000 TPOF Grant in time for closing on the acquisition of the Rail 35 Line. 36 37 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 38 VIRGINIA: 40 1. That City Council hereby accepts a $20,000,000 Virginia Transportation 41 Partnership Opportunity Fund Grant and appropriates the grant and 42 $5,000,000 of General Fund Fund Balance to CIP project 2-301, Norfolk 43 Southern Right -of -Way Acquisition, for the acquisition of the Norfolk Southern 44 Rail Line, with revenue from the Commonwealth being increased accordingly. 45 46 2. That the City Council hereby authorizes the City Manager to enter into a grant 47 agreement with the Commonwealth in accordance with the Summary of Grant 48 Terms attached hereto as Exhibit A and incorporated herein, and such other 49 terms and conditions deemed necessary and sufficient by the City Manager 50 and in a form deemed satisfactory by the City Attorney. 51 52 3. That City Council hereby approves the exercise of the option to complete the 53 acquisition of the Norfolk Southern Rail Line and authorizes the City Manager 54 to execute any documents necessary to exercise the Option and acquire the 55 Reserved Utility Easement from Norfolk Southern in accordance with the 56 Summary of Option Terms attached hereto as Exhibit B and incorporated 57 herein, and such other terms and conditions deemed necessary and sufficient 58 by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY '9 e L) -L/QA 1 Management Services City A rney's Office CA11644 R-3 9/2/10 EXHIBIT A SUMMARY OF GRANT TERMS Parties: The City of Virginia Beach and the Virginia Department of Transportation, an agency of the Commonwealth of Virginia Terms of Agreement: 1. Payment of Funds: • $17,500,000 will be paid to Virginia Beach solely for the purchase of the Norfolk Southern Right of Way. • $2,500,000 will be paid to the City upon the City's exercise of the Option for the purchase of the Reserved Utility Easement and assignment of the VEPCO lease. 2. Purpose of Grant: • Grant proceeds shall be used for the sole purpose of funding 50% of the cost of acquiring the Norfolk Southern Right of Way and exercising the Option. • Commonwealth is making the grant to fulfill the provisions of Chapter 130 of the 2010 Acts of Assembly, which requires "expansion of the Norfolk Light Rail system." (the "Project") 3. Potential Repayment Obligation: • To avoid repayment of the Grant funds, the City agrees to: o Purchase the Right of Way by 9/1/2011 o Refrain from any activity that would prevent the rail corridor from being used for the expansion of the Norfolk Light Rail system indefinitely o Use its best efforts to pursue expansion of light rail indefinitely. • Failure to comply with these terms will require the repayment of the Grant to the Commonwealth. 4. Lease Revenues from acquiring Easement with Exercise of Option. The City must utilize the Lease Revenues for the acquisition (other than the Norfolk Southern Right of Way), design, planning, construction, operation or maintenance of the Project or for other transportation projects or programs in Virginia Beach. 5. Other Terms: • Full and detailed accounts and records shall be maintained, as appropriate. • The Right of Way shall remain public property following completion. • Any of the transportation improvements completed with the TPOF funds shall be accomplished using VDOT standards and specifications, Federal Transit Administration requirements and all other state and federal requirements associated with transit projects. EXHIBIT B SUMMARY OF OPTION TERMS Parties: The City of Virginia Beach ("City"), Norfolk Southern Railway Company ("Norfolk Southern") (Lessor) and Dominion Virginia Power ("VEPCO") (Lessee) Terms of Agreement: 1. Option: City has the exclusive option to purchase the Reserved Utility Easement and all rights thereto, and, as part of that purchase, agreed to have the City assume Norfolk Southern's interest in the VEPCO Lease insofar as it pertains to the Norfolk Southern Right of Way and all rights and obligations of Norfolk Southern thereto. 2. Date of Exercise: Option will be exercised on or before the Closing Date for the Norfolk Southern Right of Way. 3. Purchase Price: $5,000,000 4. Option Closinq Document: Will take place pursuant to a three -party Partial Assignment and Third Supplemental Indenture that details the responsibilities of said three parties as it pertains to the VEPCO Lease. 5. Portion of Line to be retained: Norfolk Southern will retain a portion of the Leased Premises on an unrelated line to Little Creek. Virginia Beach will assume the VEPCO lease for all of the leased area within the rail line from Newtown Road to Birdneck Road. 6. Annual Rents Virginia Beach will receive: $97,630/year through the term of the VEPCO Lease, which expires in 2029. The rents set forth above are a portion of the total rents due under the VEPCO lease. The City's portion of the rents pertain to the portion of the lease located within the Norfolk Southern right-of-way to be acquired (between approximately Newtown Rd. and Birdneck Road in Virginia Beach). The original lease provided for annual rents in the amount of $130,000. The City of Norfolk assumed a portion of the lease when it acquired the rail line in that city. The total rent payments will be paid as follows: Total rent from VEPCO: $ 130,000 To City of Norfolk: ($ 18,850) To Virginia Beach ($ 97,630) To Norfolk Southern ($ 13.520) --0— \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocsW001 \p007\00069706.doc u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the United States Department of Homeland Security to the FY 2010-11 Operating Budget of the Fire Department to Continue the Citizen Corps Council and Community Emergency Response Team MEETING DATE: September 14, 2010 ■ Background: In the summer of 2002, as part of the Homeland Security Initiative, the City established the Citizen Corps Council (CCC) and Community Emergency Response Team (CERT) programs. The local CCC is a committee supporting the CERT project, the Medical Reserve Corps, and the Neighborhood Watch program. The CERT utilizes local volunteers to support community emergency preparedness efforts and provide basic emergency intervention. The use of CERT volunteers during Tropical Storm Hanna and the November Nor'easter was widely applauded as an effective extension of City services. CERT volunteers assist residents in preparation for and the effects of disasters. Both the CCC and CERT utilize volunteers as their primary workforces and interact with various City departments. The United States Department of Homeland Security through the Virginia Department of Emergency Management has awarded a grant of $31,135 from the 2009 State Homeland Security Grant to the City to continue the Virginia Beach CCC and CERT programs for an eighth year. The Fire Department oversees both of these programs. ■ Considerations: This grant will focus on the maintenance of the CERT program, which includes training of an additional 100+ volunteers and maintaining the certification of the existing 700+ volunteers. Additionally, grant funds will be used to continue the development of the CCC, including raising awareness in the business community and educational institutions, as well as developing partners and resources. There is no local match for this grant. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Accept and appropriate $31,135 for the Virginia Beach Fire Department to maintain these programs. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE UNITED STATES DEPARTMENT 3 OF HOMELAND SECURITY TO THE FY 2010-11 4 OPERATING BUDGET OF THE FIRE DEPARTMENT 5 TO CONTINUE THE CITIZEN CORPS COUNCIL AND 6 COMMUNITY EMERGENCY RESPONSE TEAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That grant funds in the amount of $31,135 are hereby accepted from the United 12 States Department of Homeland Security through the Virginia Department of 13 Emergency Management and appropriated, with estimated federal revenues increased 14 accordingly, to the FY 2010-11 Operating Budget of the Fire Department to continue the 15 Citizen Corps Council and Community Emergency Response Team. 16 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 Managerr4nt Slirvices CA11601 R-2 September 2, 2010 Approved as to Legal Sufficiency rney's Office Nu. or .`iia s � FF CITY OF VIRGINIA BEACH _ AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the United States Department of Homeland Security to the FY 2010-11 Operating Budget of the Fire Department for Haz-Mat Team Training, Exercise, and Equipment MEETING DATE: September 14, 2010 ■ Background: The City was notified that the Virginia Department of Emergency Management would be providing federal pass-through funding for localities for Haz-Mat Team Equipment, Exercise, and Training. The Virginia Beach Fire Department's Hazardous Materials Team is a member of the Southside Regional Haz-Mat Team, along with the Cities of Portsmouth, Norfolk, and Chesapeake. This funding will allow the Haz Mat Team to maintain its operational readiness for the response to and mitigation of chemical, biological, radiological, nuclear, and explosive incidents. ■ Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U.S. Department of Homeland Security's National Preparedness Directorate, 2009 State Homeland Security Grant (CFDA #97.073). The funds provided will be apportioned back into the Fire Department's Operating Budget for equipment to be purchased to improve the Hazardous Materials Team's ability to mitigate hazardous materials incidents. There is no local match required for this program. The performance period is June 1, 2010, to December 31, 2011, for obligation of funds, and May 31, 2012 to complete expenditures and finalize the close out reporting process. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Accept and appropriate $16,250 from the U.S. Department of Homeland Security to the FY 2010-11 Operating Budget of the Virginia Beach Fire Department to provide equipment for the Hazardous Materials Team. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager. --/t— l n 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR HAZ-MAT TEAM TRAINING, EXERCISE, AND EQUIPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $16,250 is hereby accepted from the United States Department of Homeland Security and appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Fire Department to purchase equipment to improve the Virginia Beach Fire Department's Hazardous Materials Team's ability to mitigate hazardous materials incidents. 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 anage ent Services CA11602 R-2 September 2, 2010 Approved as to Legal Sufficiency Abysi-Office Nu. 4 Lip t s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the Police Department for the Enforcement of DUI Laws MEETING DATE: September 14, 2010 ■ Background: Since the 1990s, the Virginia Department of Motor Vehicles ("DMV") has awarded grants to the Virginia Beach Police Department for enforcement initiatives. The DUI Enforcement grant will be active from October 1, 2010, through September 30, 2011. The Police Department will use the funding for overtime needed for selective DUI enforcement. The grant will also fund the purchase of breath test devices and equipment rental for the 2011 DUI Conference. ■ Considerations: The grant provides $55,150 of DMV funding and requires an $11,030 match, which will be funded through the Police Department's Operating Budget. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that City Council accept and appropriate the grant award of $55,150 and transfer the grant match of $11,130 within the Police Department's Operating Budget. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department kee- -rh -4e- City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS 3 WITHIN THE POLICE DEPARTMENT FOR THE 4 ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 1. $55,150 is hereby accepted from the Virginia Department of Motor Vehicles 8 and appropriated, with estimated state revenue increased accordingly, to the FY 2010-11 9 Operating Budget of the Police Department for enhanced enforcement of DUI laws; and 10 11 2. $11,030 is hereby transferred within the FY 2010-11 Operating Budget of th 12 Police Department for the required match. 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: M nagemen S ices CA11603 R-2 September 2, 2010 Approved as to Legal Sufficiency: J i A y's Office u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Grant for the Enforcement of Seat Belt Laws MEETING DATE: September 14, 2010 ■ Background: The Virginia Department of Motor Vehicles has been awarding grants to the Virginia Beach Police Department since the 1990's. The Seat Belt Enforcement grant will be active from October 1, 2010, through September 30, 2011. Officers will use the funding for overtime for selective traffic enforcement, the Click -It -or - Ticket campaign, and several traffic checkpoints. This grant will also allow the purchase of speed detection" devices and tint meters to enforce - primary violations, and if warranted, the secondary seat belt violation. ■ Considerations: The grant provides $65,980 of DMV funding and requires a $13,196 match, which will be funded through the Police Department's Operating Budget. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Alternatives: No other funding is available for enhanced enforcement of seat belt laws. ■ Recommendations: It is recommended that City Council accept and appropriate the grant award of $65,980 and transfer the grant match of $13,196 within the Police Department's Operating Budget. ■ Attachments: Ordinance and Award Letter Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Departmengf City Manager. �—. q�6&2, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS 3 WITHIN THE POLICE DEPARTMENT FOR THE 4 ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 1. $65,980 is hereby accepted from the Virginia Department of Motor Vehicles 8 and appropriated, with estimated state revenue increased accordingly, to the FY 2010-11 9 Operating Budget of the Police Department for enhanced enforcement of seat belt laws; 10 and 11 12 2. $13,196 is hereby transferred within the FY 2010-11 Operating Budget of the 13 Police Department for the required match. 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: a n a g e rzfent ervices CA11604 R-2 September 2, 2010 Approved as to Legal Sufficiency: ey s Office wu:B <�N�"j{ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referring to Planning Commission City Zoning Ordinance Amendments Pertaining to Environmental Education Centers MEETING DATE: September 14, 2010 ■ Background: The City Zoning Ordinance currently contains no provision allowing environmental education centers owned by a nongovernmental entity to be located in the P-1 Preservation District. As environmental education centers are a good fit for the stated purposes of the P-1 District, which include preserving such areas for the "benefit, enjoyment and general welfare of the public," the Staff believes that the CZO should be amended to allow such environmental education centers as a conditional use. ■ Considerations: The resolution refers to the Planning Commission proposed amendments that define environmental education centers, establish standards for such centers, and allow them as a conditional use in the P-1 Preservation District. ■ Public Information: The resolution itself does not require any form of advertising; the actual ordinance amendments, however, will be the subject of twice - advertised public hearings before both the Planning Commission and the City Council. ■ Recommendations: Adoption of resolution ■ Attachments: Ordinance setting forth proposed City Zoning Ordinance Amendments Recommended Action: Adoption of resolution Submitting Department/Agency: Planning Department City Manager: K—` 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION, FOR ITS CONSIDERATION AND 3 RECOMMENDATION, AN ORDINANCE PERTAINING TO 4 ENVIRONMENTAL EDUCATION CENTERS IN THE P-1 5 PRESERVATION DISTRICT 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That there is hereby referred to the Planning Commission, for its consideration 15 and recommendation, an ordinance entitled "AN ORDINANCE TO AMEND SECTION 16 111 AND SECTION 301 OF THE CITY ZONING ORDINANCE, DEFINING THE TERM 17 "ENVIRONMENTAL EDUCATION CENTER" AND ALLOWING THE USE AS A 18 CONDITIONAL USE IN THE P-1 PRESERVATION DISTRICT, AND ADDING A NEW 19 SECTION 233.1.1, ESTABLISHING STANDARDS PERTAINING TO SUCH USE," a true 20 copy of which ordinance is hereto attached. 21 22 COMMENT 23 The resolution refers to the Planning Commission proposed amendments to the City Zoning 24 Ordinance that would, if adopted, define the term "environmental education center," establish 25 standards for such centers, and allow them as a conditional use in the P-1 Preservation District. Adopted by the City Council of the City of Virginia Beach, Virginia, on the _ day of , 2010. APPROVED AS TO CONTENT: Planning Department CA -11596 R-1 August 23, 2010 APPROVED AS TO LEGAL SUFFICIENCY: VV � City Attorney's Office 1 1 AN ORDINANCE TO AMEND SECTION 111 AND 2 SECTION 301 OF THE CITY ZONING ORDINANCE, 3 DEFINING THE TERM "ENVIRONMENTAL EDUCATION 4 CENTER" AND ALLOWING THE USE AS A CONDITIONAL 5 USE IN THE P-1 PRESERVATION DISTRICT, AND 6 ADDING A NEW SECTION 233.1.1, ESTABLISHING 7 STANDARDS PERTAINING TO SUCH USE 8 Sections Amended: City Zoning Ordinance Sections 111 9 and 301 10 Section Added: City Zoning Ordinance Section 233. 1.1 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 111 and 301 of the City Zoning Ordinance are hereby amended 1.7 and reordained, and a new Section 233.1.1 is added, to read as follows: 18 19 Sec. 111. Definitions. 20 21 For the purpose of this ordinance, words used in the present tense shall include 22 the future; words used in the singular number include the plural and the plural the 23 singular; the use of any gender shall be applicable to all genders; the word "shall' is 24 mandatory; the word "may" is permissive; the word "land" includes only the area 25 described as being above mean sea level; and the word "person" includes an individual, 26 a partnership, association, or corporation. 27 28 In addition, the following terms shall be defined as herein indicated: 29 .... 30 Environmental education center. A facility having the primary purpose of 31 educating visitors on the nearby natural environment through the use of informative 32 displays, exhibits, outdoor activities and similar means. 33 .... 34 COMMENT 35 The amendment defines the term "environmental education center." The specific 36 provisions regulating the use are set forth in the following sections. 37 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 38 TO ALL DISTRICTS 39 .... 40 C. CONDITIONAL USES AND STRUCTURES 41 .... 42 Sec. 233.1.1. Environmental education centers. 43 Environmental education centers operated by a nongovernmental entity shall be 44 allowed only as a conditional use in the P-1 Preservation District and in addition to 45 general requirements, shall be subject to the following provisions: 46 (a) Environmental education centers may include offices of the entity 47 operating the center and of other nonprofit entities having similar purposes classrooms 48 shelters, outdoor exhibits, noncommercial piers kayak/canoe launches and storage 49 facilities and similar uses consistent with the purpose of the center. 50 (b) On-site parking shall be required in accordance with the conditional use 51 permit authorizing the center; provided that, unless otherwise specified in the 52 conditional use permit, all stormwater from parking and other impervious surfaces on 53 the site shall be captured and reused or retained on site or treated by Low Impact 54 Development (LID) techniques such as the use of permeable paving systems 55 bioretention, rain gardens, vegetated roofs, _vegetated swales or similar means of 56 controlling pollution from stormwater runoff. 57 COMMENT 58 The section sets forth the permitted components of environmental education centers and the 59 parking requirements applicable to the use. The latter include a requirement that stormwater from 60 parking and other impervious surfaces be captured and reused or retained on the site or that Low 61 Impact Development (LID) techniques be utilized as a means of controlling stormwater runoff. 62 63 ARTICLE 3. PRESERVATION DISTRICT. 64 65 Sec. 301. Use regulations. 66 (a) Principal and conditional uses. The following chart lists those uses permitted 67 within the P-1 Preservation District. Those uses and structures shall be permitted as either 68 principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses or 69 structures other than as specified shall be permitted. K 70 71 72 73 74 75 76 77 78 79 80 ,; 82 83 84 Use P-1 Environmental education centers other than those C operated by a governmental entity COMMENT The section allows environmental education centers, other than those operated by a governmental entity, as a conditional use in the P-1 Preservation District. The substantive standards for the use are set forth in Section 233.1.1. Adopted by the City Council of the City of Virginia Beach on the day of , 2010. 85 Approved as to content: Planning Department CA -11578 R-4 August 17, 2010 Approved as to legal sufficiency: City Attorney's Office 3 K. PLANNING 1. Application of VICTOR M. and BARBARA A. WEST for a Nonconforming Use re an antique/craft shop at 4100 Charity Neck Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 2. Application of VIRGINIA BEACH TRAVEL SOCCER, INC. for Modification of Condition No. 5 re restrictions on the use of outdoor field lighting (approved on 9/8/09 and deferred 6/9/10) at 2949 Shipps Corner Road (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 3. Application of AMERIGROUP CORPORATION for a Conditional Use Permit re a cafe and deli at 4433 Corporation Lane (DISTRICT 4 — BAYSIDE) RECOMMENDATION APPROVAL 4. Application of CITY OF VIRGINIA BEACH to AMEND Section 501 of the City Zoning Ordinance (CZO) re outdoor recreational and amusement facilities in Residential Districts •uU_-►�: t 6M APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hail, Municipal Center, 2401 Courthouse Drive, Tuesday, September 14, 2010, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE DISTRICT Victor M. and Barbara A. West Application: Nonconforming Use at 4100 Charity Neck Road (GPIN 2411631692). BAYSIDE DISTRICT Amerigroup Corporation Application: Conditional Use Permit for an eating and drinking establishment at 4433 Corporation Lane (GPIN 1477774006). CITY OF VIRGINIA BEACH Ordinance to Amend Section 501 to the Zoning Ordinance pertaining to outdoor recreational and amusement facilities in residential districts. BEACH DISTRICT Virginia Beach Travel Soccer, Inc. Application: Modification of Conditions (previously approved by City Council on September 8, 2009) at 2949 Shipps Corner Road (GPIN 1495373329). Deferred on June 9, 2010. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/oc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. BEACON Aug 29 & Sept 5, 2010 21674861 kwvJr:Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Conversion of a Nonconforming Use on Property Located at 4100 Charity Neck Road for Victor M. and Barbara A. West, 4100 Charity Neck Road (GPIN 2411631692). PRINCESS ANNE DISTRICT. MEETING DATE: September 14, 2010 ■ Background: The applicants request a change of a nonconforming use (retail/storage facility) in order to allow an antique/craft shop to be located within the existing building on the site. The building on site was constructed in 1925. The applicant indicates that the site has housed retail and storage facilities since the building was constructed. Previous retail shops and storage facilities such as Brinkley's Store, Corner Store, and Trader Vick's are considered nonconforming because the site is zoned AG -2 Agricultural and the AG -2 Agricultural District does not permit retail or storage establishments. Since this site has housed retail/storage uses prior to the adoption of the City's Princess Anne County Zoning Ordinance in 1954, these commercial uses are considered non -conforming uses. This request to allow an antique/craft shop instead of the previous grocery/storage facilities will not affect the exterior of the site. The type of retail sold from this facility, however, will differ slightly, as opposed to groceries, deli, and drugstore types of retail, the proposed shop will sell antiques including jewelry, paper goods, soaps, and knitted/crocheted items. No thrift store items will be sold at this location. Classes will also be held to complement the antique shop. Types of classes include floral arrangements, knitting/crocheting, jewelry making, and painting classes. ■ Considerations: The proposed alteration is reasonable. This site has always housed retail, grocery, and/or storage facilities. The site is bordered by a church and day-care facility to the north and single-family dwellings to the south, east, and west. There is an existing buffer located along the south and eastern property lines that is sufficient to screen the existing commercial facility from the surrounding residential uses. Given that this site has always housed commercial or storage facilities, staff finds that the proposed antique/craft shop is acceptable and recommends approval subject to the conditions listed below. Victor M. & Barbara A. West Page 2 of 2 ■ Recommendations: Staff recommends approval of this request to the City Council with the following conditions: 1. The applicants shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicants shall obtain a Certificate of Occupancy for the change of use from the Building Official. 2. Hours of operation shall be limited to between 8:OOa.m. to 8:OOp.m., Monday through Sunday. ■ Attachments: Staff Review and Disclosure Statements Location Map Resolution Recommended Action: Staff recommends approval. Submitting Department(Agency: Planning Department r 9�` City Manager: S' Non-Coniornsing Use REQUEST: Change to a Nonconforming Use ADDRESS/ DESCRIPTION: 4100 Charity Neck Road September 14, 2010 Public Hearing APPLICANT / PROPERTY OWNER: VICTOR M. BARBARA A. WEST STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24116316920000 PRINCESS ANNE 19,547 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a change to a nonconforming use (retail/storage facility) in order to allow an antique / craft shop to be located within the existing building on the site. The building on site was constructed in 1925. The applicant indicates that the site has housed retail and storage facilities since the building was constructed. Previous retail shops and storage facilities on this site such as Brinkley's Store, Corner Store, and Trader Vick's are considered nonconforming because the site is zoned AG -2 Agricultural and the AG -2 Agricultural District does not permit retail or storage establishments. Since this site has housed retail/storage uses prior to the adoption of the City's Princess Anne County Zoning Ordinance in 1954, these commercial uses are considered non -conforming uses. This request to allow an antique /craft shop instead of the previous grocery/storage facilities will not affect the exterior of the site. The type of retail sold from this shop, however, will differ slightly, as opposed to groceries, deli, and drugstore types of retail, the proposed shop will sell antiques including jewelry, paper goods, soaps, and knitted/crocheted items. No thrift store items will be sold at this location. Classes will also be held to complement the antique shop. Types of classes include floral arrangements, knitting/crocheting, jewelry making, and painting classes. VICTOR M. & BARBARA A. WEST September 14, 2010 City Council Meeting Page ,1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant commercial building SURROUNDING LAND North: . Charity United Methodist Church & Day-care / AG -2 Agricultural USE AND ZONING: District South: . Single-family dwellings / AG -2 Agricultural District East: . Single-family dwellings / AG -2 Agricultural District West: . Single-family dwellings / AG -2 Agricultural District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. CITY SERVICES There are no expected impacts to City services as a result of the proposed alterations. EVALUATION AND RECOMMENDATION The proposed change in use is reasonable and as appropriate to the area as the previous non- conforming uses. Based on interviews of residents in and around 4100 Charity Neck Road, this site has always housed retail, grocery, and/or storage facilities. The site is bordered by a church and day-care facility to the north and single-family dwellings to the south, east, and west. There is an existing buffer located along the south and eastern property lines that is sufficient to screen the existing commercial facility from the surrounding residential uses. Given that this site has always housed commercial or storage types of facilities, staff finds that the proposed antique craft shop is acceptable and recommends approval subject to the conditions listed below. VICTOR M. & BARBARA A. WEST September 14, 2010 City Council Meeting Page 2 CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 2. Hours of operation shall be limited to between 8:00 a.m. to 8:00 p.m., Monday through Sunday. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may, be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VICTOR M. & BARBARA A. WEST September 14, 2010 City Council Meeting Page 3 AERIAL OF SITE LOCATION VICTOR M. & BARBARA A. WEST September 14, 2010 City Council Meeting Page 4 SITE ORCYIR; R .R / Z"rTT, /. ME'ASLEY 0i N.OPa10 Y6N Rp SuRMY OF PROPERTY FOR MMEY FATE d CHESTER K D0RCHE5TER WR N Yy. N YY .Ata Puma NADU" VfR/IN/A "W4 VA ..•,. '. +co t otccrl.R IrRa r.rr..r..,..iw• ...Yw..., r.w.. _anY w_..s...W._. n. n Yx. «.r.nrn qw �+o wY wn CRVAR T / ~LOWE A. /M/TR Yls. / Dl RT N RRR WM!lIIg1R. NRM (Y) ..rnW. riv. rMvm WI LAW R. BEAM" 4■ la0 RaN ( rl lT R a! S i ` LOT 8C f~ rR ba ear PLAT OF SITE & SURROUNDING SITES VICTOR M. & BARBARA A. WEST September 14, 2010 City CouncilMeeting Page 5 AAM NAW nen I "' d'ar OraAa . 0./E/ °S pq0 w 4 Ac," DP/ Pan H �R�h/ 2S � z i `aqua ayr� r rar• a`1aa. 4 •"��� SNORfV i4VE OORCYnESfEY T4/1 A.— aAa� • e•+W. w e ORCYIR; R .R / Z"rTT, /. ME'ASLEY 0i N.OPa10 Y6N Rp SuRMY OF PROPERTY FOR MMEY FATE d CHESTER K D0RCHE5TER WR N Yy. N YY .Ata Puma NADU" VfR/IN/A "W4 VA ..•,. '. +co t otccrl.R IrRa r.rr..r..,..iw• ...Yw..., r.w.. _anY w_..s...W._. n. n Yx. «.r.nrn qw �+o wY wn CRVAR T / ~LOWE A. /M/TR Yls. / Dl RT N RRR WM!lIIg1R. NRM (Y) ..rnW. riv. rMvm WI LAW R. BEAM" 4■ la0 RaN ( rl lT R a! S i ` LOT 8C f~ rR ba ear PLAT OF SITE & SURROUNDING SITES VICTOR M. & BARBARA A. WEST September 14, 2010 City CouncilMeeting Page 5 PHOTOGRAPH OF UILDING VICTOR M. & BARBARA A. WEST September 14, 2010 City Council Meeting Page 6 Map L-17 17irfnv X4 Xy A XX1jc, V T "a 2 !A 2 �AG2 Non -Conforming Use # DATE REQUEST APPLICANT ACTION 1 11/12/2002 —(Church Conditional Use Permit Additions) Charity United Methodist Church -Approved 2 11/1 4/1995 Subdivision Variance Lisa Williamson Statts Approved ZONING HISTORY VICTOR M. & BARBARA A. WEST September 14, 2010 City Council Meoting Page 7 DISCLOSURE STATEMENT O c7 0 w z 0 Comma) z 0 z APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) !�AmE Pis wo 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is dM°erent 6om applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) \ 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 3 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? �Use App- 11 Pao* s of o R-iaad 7/=7 DISCLOSURE STATEMENT VICTOR M. & BARBARA A. WEST September 14, 2010 City Council Meeting Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "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. I "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 ow nor in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share tha use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a Gose working relationship between the entities." See State and Local Govemmwa Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained heroin is true and accurate O I understand that, upon receipt of notification (postcard) that the application has bean scheduled for Public hearing, I am responsible for obtaining and posting the required sign on the subject property at W" 30 days to the prior scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. O Ap 'a Signature Pnrtt Name V i�te LInrc. P t3wner s (if cat than applican) Print Name O Non-Coftrm cap u.. Ap WM= Pop p e or RftmW mD7 DISCLOSURE STATEMENT VICTOR M. & BARBARA A. WEST September 14, 2010 City Council Meeting Page 9 1 A RESOLUTION AUTHORIZING ' THE 2 CONVERSION OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 4100 4 CHARITY NECK ROAD 5 6 WHEREAS, Victor M. and Barbara A. West, (hereinafter the "Applicants") have 7 made application to the City Council for authorization to change a nonconforming use 8 having the address of 4100 Charity Neck Road, in the Agricultural District, by converting 9 the grocery/retail use to an antique/retail use on the parcel; and 10 11 WHEREAS, the retail use is nonconforming as it is not a use allowed in the 12 Agricultural Zoning District; and 13 14 WHEREAS, the retail use was commenced prior to the adoption of the applicable 15 regulations; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 18 conversion of a nonconforming use is unlawful in the absence of a resolution of the City 19 Council authorizing such action upon a finding that the proposed use, as changed, will 20 be equally appropriate or more appropriate to the zoning district than is the existing use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as changed, will be 26 equally appropriate to the district as is the existing use under the conditions of approval 27 set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the conversion of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The applicants shall obtain all necessary permits and inspections from the 36 Planning Department / Permits and Inspections Division and the Fire 37 Department. The applicants shall obtain a Certificate of Occupancy for the 38 change of use from the Building Official. 39 40 2. Hours of operation shall be limited to between 8:00 a.m. to 8:00 p.m., Monday 41 through Sunday. 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: CA11605 R-1 September 2, 2010 APPROVED AS TO LEGAL SUFFICIENCY: f l City Attorney's Office -40 - Item V -Ll. PLANNING ITEM # 59196 The following registered in SUPPORT: Attorney R. E. Bourdon, Pembroke Office Park, Building 1. 281 Independence Boulevard, Phone: 499- 8971, represented the owner of the facility. The project has been in operation approximately 6 (six) years and has been well utilized by the youth of the community. When originally approved, because the property was in APLI and 2 highest noise zones, there would be no .spectator events. The application does not involve youth. They only practice in the, facility. The youth does draw spectators. The applicant is also desirous of installing a metal building in the southwest corner of the facility. just large enough to handle one indoor field (no bleachers, or spectators) allow youth and adults to practice in inclement weather. Lighting of the facility was the third issue. There was concern re the lights and this is now being addressed with one of the conditions. George Albislon, President -- Virginia Beach FC (Virginia Beach T ravel Soccer) which is a tenant in the complex. This is a non-profit, travel and recreation soccer club, currently comprised of about 3600 members. There are approximately 9 to 10 months remaining on the lease through the end of June 2010. Virginia Beach Travel Soccer has been working diligently with Karen Laslev, Zoning Administrator, re the light spillover (glare) and hopes an agreeable solution has been attained. The glare guards entail a cost of approximately $10,000. The following registered in OPPOSITION: Don C'rago, 1301 Canary Drive, Phone: 368-5610, referenced e-mails and correspondence concerning the lights. There are only,live (5) shields on five (5) oJ'the high intensity f ood lights. The manufacturer has stated these are not meant for reducing light. There are one hundred (100) high intensity lamps on this field, fifty (50) oj'them point towards Shipps Corner Road. Linda Russell. 1212 ,Skvlark Drive, Phone: 427-6481, member of'the Citizens Advisory Committee, presented a petition in opposition containing one hundred sixty-two (162) signatures re the dangerous conditions caused by the increased activities of the Rave Soccer Complex. Said petition is hereby made a part of the record. There will be too much traffic. It is estimated that 434 cars will be added per day with 705 cars on weekends. Upon motion by Councilman Uhrin, seconded by Councilman Diezel, City Council ADOPTED the application with the REVISED CONDITION NO. S: Ordinance upon Application of RAVE SOCCER COMPLEX, re Modification of Condition No. 2 (approved on March 23, 2004), to allow adult games and ADD a new condition re an indoor soccer facility at 2949 ,Shipps Corner Road. ORDINANCE UPON APPLICATION OF RAVE SOCCER COMPLEX, RE MODIFICATION OF CONDITIONS, WITH REVISED CONDITION NO. S, (APPROVED BY CITY COUNCIL ON MARCH 24. 2004), 2949 SHIPPS CORNER ROAD. AIC'UZ IS GREA"T"ER THAN 75, APL I AND 2. Ordinunce upon application o1RA VF_ ,SOCCER COMPLEX, re Moto ication o1' Conditions, with REVISED CONDITION NO. S. (approved by City Council on March 24, 2001), 2949 Shipps Corner Road. ((;PIN• 1 4 953 7332 90000) AIC'UL is Greater than 75, APZ I and 2. DIST RI('T 6 - BL:ACH The following conditions shall be required: 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required September 8, 2009 -41 - Item V -LZ PLANNING ITEM # 59196 (Continued) 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. (This condition has been met.) 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. (This condition has been met.) 5. Outdoor field recreational lighting fixtures shall have a maximum height of forty (40) feet and shall all be directed downward. In addition, glare guards, Daybrite Model VSLL, shall be added to all lights facing Shipps Corner Road. The field lights may not be used until the glare guards have been installed. The field lights shall be controlled by timers and can only be used Monday through Friday until 9.•00 P.M. The lights are approved to be used in this manner until July 8, 2010. After July 8, 2010, the lights shall not be used unless approved by City Council following a Public Hearing and recommendation from the Planning Commission. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road, Virginia Beach, Virginia " prepared by Kelly Jean Olt dated March 10, 2005. 7. The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road, Virginia Beach, Virginia ", prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor soccer facility shall be developed in substantial conformance with the submitted rendering entitled "RA VE SOCCER COMPLEX LLC. " Voting: 11-0 Council Members Voting Aye: 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 8, 2009 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH TRAVEL SOCCER, INC., Modification of Conditions, previously approved by City Council on September 8, 2009, 2949 Shipps Corner Road (GPIN 1495373329). Deferred on June 9, 2010. BEACH DISTRICT. MEETING DATE: September 14, 2010 ■ Background: The Conditional Use Permit for a recreational facility of an outdoor nature was approved by the City Council on March 23, 2004 and modified August 9, 2005 and September 8, 2009. The applicant has renewed the lease with the soccer complex owner and requests two changes to Condition 5. Condition 5 regulates the use of the outdoor lighting. The applicant requests modification of this condition, as certain requirements of the condition, such as the installation of the glare guards and timers, have been installed at the soccer complex. The first of the two changes is to remove the July 8, 2010 restriction on the use of the outdoor field lights. The second change is to permit the use of the outdoor field lights to include Saturdays, No change in time is requested; the lights would still be extinguished at 9:00 p.m. The 2009 Conditional of Use Permit has 8 conditions as listed below: 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. Any outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, shall be added to all lights facing Shipps Corner Road. The field lights may not be used until glare guards have been installed. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. The lights Virginia Beach Travel Soccer, Inc. Page 2 of 4 by timers and can only be used Monday through Friday until 9:00 p.m. The lights are approved to be used in this manner until July 8, 2010. After July 8, 2010 the lights shall not be used unless approved by City Council following a Public Hearing and recommendations from the Planning Commission. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 7. The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road Virginia Beach Virginia" prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor facility shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX LLC". ■ Considerations: This soccer facility does need field lights on to allow soccer practices to occur after the school day has ended and dusk begins. The lights provide the visibility for safe soccer practices. The field lights are bright lights. The applicant has installed glare guards on all field lights facing Shipps Corner Road and timers on all the field lights. The field lights were approved to be used with the glare guards and timers until July 8, 2010. The residents of Cardinal Estates located across Shipps Corner Road from the soccer complex understand the soccer complex had been approved by City Council. The residents' complaints are with the brightness of the field lights. In an effort to reduce the impact of the field lights on their neighbors across Shipps Corner Road, the applicant discussed with staff the following field light revisions. Four light poles facing Shipps Corner Road will be conditioned for the lights to remain off in the evening. These four banks of lights do not affect the visibility on the soccer fields but will aid in diminishing glare. The remaining lights that are lit facing Shipps Corner Road have glare guards. Any other field lights on do not face Shipps Corner Road. Additionally, the applicant requested to extend the number of nights that lighting may be utilized to include Saturdays is not acceptable. As repeated above, the residents of Cardinal Estates have voiced numerous concerns regarding the lighting of this complex. The existing outdoor recreational lights have been hindering the visibility at the entrance of Cardinal Estate's residential neighborhood since the lights have been in use. Adding another evening will exacerbate the issue as we work to diminish the glare. Virginia Beach Travel Soccer, Inc. Page 3 of 4 Furthermore, the applicant had indicated during the recently approved modification of conditions allowing the indoor soccer facility that the indoor facility would take the place of one of the lighted outdoor fields shown on the approved site plan. The indoor field would aid in the ability to hold evening practices or practices during inclement weather, thus limiting some outdoor evening activity and, some concern caused by the field lights. Staff recommends approval of this requested modification as conditioned below. There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommended approval of this request to the City Council with the following conditions: 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the south and east property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the south property line on the eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. Virginia Beach Travel Soccer, Inc. Page 4 of 4 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 7. The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road Virginia Beach Virginia" prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor facility shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX LLC'. IN Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. j Submitting Department/Agency: Planning Department City Manage . S k.74a-YP� Virdniat Beach 11 August 11, 2010 Public Hearing APPLICANT: VIRGINIA BEACH TRAVEL SOCCER, INC. PROPERTY OWNER: RAVE SOCCER COMPLEX, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit approved by the City Council on March 23, 2004 and modified by City Council on August 9, 2005 and September 8, 2009. ADDRESS / DESCRIPTION: 2949 Shipps Corner Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14953733290000 BEACH 6 21.33 Acres Western end of this parcel is 70 to 75 dB Ldn but majority of the property is in the Greater than 75 dB Ldn. Most of the property is within Accident Potential Zones 1 and 2. SUMMARY OF REQUEST The Conditional Use Permit for a recreational facility of an outdoor nature was approved by the City Council on March 23, 2004 and modified August 9, 2005 and September 8, 2009. The Conditional Use Permit has 8 conditions, which are listed below. The applicant has renewed the lease with the soccer complex owner and requests two changes to Condition 5. Condition 5 regulates the use of the outdoor lighting. The applicant requests modification of this condition, as certain requirements of the condition, such as the installation of the glare guards and timers, have been installed at the soccer complex. The first of the two changes is to remove the July 8, 2010 restriction on the use of the outdoor field lights. The second change is to permit the use of the outdoor field lights to include Saturdays, No change in time is requested; the lights would still be extinguished at 9:00 p.m. rage > Conditions of Use Permit: 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Comer Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. 4. Right and/or left tum lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. Any outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, shall be added to all lights facing Shipps Comer Road. The field lights may not be used until glare guards have been installed. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. The lights are approved to be used in this manner until July 8, 2010. After July 8, 2010 the lights shall not be used unless approved by City Council following a Public Hearing and recommendations from the Planning Commission. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 7. The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Comer Road Virginia Beach Virginia" prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor facility shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX LLC". LAND USE AND PLAN INFORMATION EXISTING LAND USE: Outdoor soccer facility with structures, parking and soccer fields. SURROUNDING LAND North: . Across Shipps Corner Road, Cardinal Estates mobile -home USE AND ZONING: subdivision / A-12 Apartment District South: . Undeveloped property / 1-1 Light Industrial District East: . Wetlands and a natural drainage area / AG -2 Agricultural District West: . Moose Lodge • Undeveloped property / 1-1 Light Industrial District NATURAL RESOURCE AND The eastern end of the property is wooded and contains wetlands CULTURAL FEATURES: leading to a natural drainage area that eventually leads to the Chesapeake Bay. COMPREHENSIVE PLAN: The Comprehensive Plan designates the area where this property is located as the South Oceana - Special Economic Growth Area 3. The Plan identifies this area as a special area with significant economic value and growth potential, (page 3-32, Policy Document). All development proposals in this suburban area should incorporate the 'Special Area Development Guidelines' outlined in the Comprehensive Plan Reference Handbook. These guidelines provide specific site design guidance for developments in the Suburban Area that protect the integrity of existing neighborhoods, complement adjacent land uses, incorporate crime prevention principles, and enhance the overall function and visual quality of neighboring properties and community. Lighting of non-residential buildings should be designed as an integral part of the building's architecture to be as unobtrusive as possible. Lighting, especially on the rear of buildings that face residential areas, should be designed and placed so that it does not direct or reflect any illumination into residential areas (pages B-7 to B-13, Reference Handbook). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shipps Comer Road is a two-lane connector. Currently, Shipps Comer Road has as its western terminus a T -intersection with Holland Road approximately 1,350 feet west of the site. In mid-May 2010, however, CIP Project #2-073 Buckner Boulevard Extended will open and this intersection will become a 4 -way intersection. Due to the anticipated increase in traffic on Shipps Corner Road as a result of the Buckner Boulevard project, three projects have been programmed under CIP Project #2-300 Traffic Safety Improvements Phase III for Shipps Comer Road. In particular, one of these three projects entails increasing a curve radius and building turn lanes on Shipps Corner Road at Old Clubhouse Road. This will affect Shipps Comer Road along the site's northern frontage. The other two projects will be improvements at the intersection of Shipps Corner Road with London Bridge Road and installation of a median on the approach to Holland Road. These two projects will be approximately one half mile east and one fifth mile west of the site, respectively. The request to modify the conditions will not alter the use as a soccer complex or expand the soccer complex. Accordingly, the modification should have no impact on the site's trip generation. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shipps Corner 7,200 ADT 6,200 ADT (Level of Existing Land— Road (2010) Service "C") 428 ADT 124 PM Peak 9,900 ADT' (Level of Hour Trips & 705 Saturday Service "D") Proposed Land Use 3- 428 ADT 124 PM Peak Hour Trips & 705 Saturday Average Daily Trips Y as defined by 6 -field soccer facility 3 as defined by 6 -field soccer facility VIRGINIA BEACH TRA DCCER, INC. Agenda Iters -11 Page 3 EVALUATION AND RECOMMENDATION This soccer facility does need field lights on to allow soccer practices to occur after the school day has ended and dusk begins. The lights provide the visibility for safe soccer practices. The field lights are bright lights. The applicant has installed glare guards on all field lights facing Shipps Comer Road and timers on all the field lights. The field lights were approved to be used with the glare guards and timers until July 8, 2010. The residents of Cardinal Estates located across Shipps Comer Road from the soccer complex understand the soccer complex had been approved by City Council. The residents' complaints are with the brightness of the field lights. In an effort to reduce the impact of the field lights on their neighbors across Shipps Corner Road, the applicant discussed with staff the following field light revisions. Four light poles facing Shipps Corner Road will be conditioned for the lights to remain off in the evening. These four banks of lights do not affect the visibility on the soccer fields but will aid in diminishing glare. The remaining lights that are lit facing Shipps Corner Road have glare guards. Any other field lights on do not face Shipps Corner Road. Additionally, the applicant requested to extend the number of nights that lighting may be utilized to include Saturdays is not acceptable. As repeated above, the residents of Cardinal Estates have voiced numerous concerns regarding the lighting of this complex. The existing outdoor recreational lights have been hindering the visibility at the entrance of Cardinal Estate's residential neighborhood since the lights have been in use. Adding another evening will exacerbate the issue as we work to diminish the glare. Furthermore, the applicant had indicated during the recently approved modification of conditions allowing the indoor soccer facility that the indoor facility would take the place of one of the lighted outdoor fields shown on the approved site plan. The indoor field would aid in the ability to hold evening practices or practices during inclement weather, thus limiting some outdoor evening activity and, some concern caused by the field lights. Staff recommends approval of this requested modification as conditioned below. CONDITIONS 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the south and east property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the south property line on the eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 7. The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Comer Road Virginia Beach Virginia" prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor facility shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX LLC". NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. I 7 j %3Z ,y 3 � I ��,a�. � i. m 1 08/09/05 Modification of Conditions Granted 03/24/04 Conditional Use Permit for recreational facility of an outdoor nature Granted 12/14/93 Conditional Use Permit for church Granted 02/25/92 Conditional Use Permit for golf driving range Granted 10/28/91 Rezoning from 1-1 Industrial to AG-1 Agricultural Granted 04/23/90 Conditional Rezoning from AG-2 Agricultural to 1-1 Industrial Granted 2 12/02/03 Conditional Rezoning from AG-1 Agricultural to B-1 Business Conditional Use Permit for car wash Granted 3 12/02/03 Conditional Rezoning from AG-1 Agricultural to 1-2 Industrial Granted 4 10/14/03 Modification of Conditions Granted 10/29/02 Conditional Use Permit for church Granted Continue on next sheet...... 5 06/25/02 Conditional Use Permit for fraternal organization Granted 08/14/01 Rezoning AG -1 Agricultural to A-12 Apartment w/ PD -1-12 Overlay Granted 10/28/91 Rezoning from B-2 Business to AG -1 Agricultural Granted 09/21/87 Rezoning from AG -1 Agricultural to B-2 Business Granted 6 10/24/00 Conditional Use Permit for church Granted 7 02/01/00 Modification of Proffers approved 01/23/89 Granted 01/23/89 Conditional Rezoning from AG -2 Agricultural to 1-2 Heavy Industrial Granted 8 01/12/99 Conditional Use Permit for recreational facility Granted 9 08/13/79 Conditional Use Permit for garden shop / nursery Granted 10 11/20/78 Conditional Rezoning from A-1 Apartments to A- 2 Apartments Granted 11 03/20/78 Conditional Use Permit to board horses Granted F77DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Virginia Beach Travel Soccer, Inc.: George Albiston, President; David Street, Vice President-, Walter Roe, Treasurer: Stephen Oanbusky, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list ff necessary) 0 Check Caere if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (A(tach list if necessary) Rave Soccer Complex, L.L.C.: Selim Ozic, Sole Member 2, List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list If necessary) Cl Check here if the property owner is NOT corporation, partnership, firm, business, or other unincorporated organization. 8 ` See next page for footnotes td Wft&W of Conditom AppItatbon ps"10d#1 Revised 9J *004 DISCLQ31JRE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. f "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (a) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 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. Virginia Beach Travel Soccer, Inc. By; George Alibiston, President Apps' nt's Si ure Print Name Rav r I omplex, L.L.C, ey: j Selim Ozic, Sole Member Appfi rifs!P Ow s Signature Print Name Mod wn of Corditk rss n Psge 11 of 11 R*%msed W-1:2004 VIRGINIA BEACH TRAVEL SOCCER, INC. Agenda Iteni 11 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide servlC 93 with reaped to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, i nd legal services: (Attach list If necessary) Sykes, Bourdon, Ahem & Levy, P.C. 1 ■Parent-subsidlery relationship" means `a relationship that exit is when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Govemmer t Conflict of Interests Ad, Va. Code § 2.2-3101. z "Atflllated business entity relationship' means's relationship, c Cher than parent subsidiary relationship, that exists when (1) one business entity las a controlling ownership interest in the other buslness entity, (it) a contrail ng owner in one entity is also a controlling owner in the other entity, or (ill) there is shared management or control between the business entities. Factors that V ould be considered In determining the existence of an a5illated business entity relationship Include that the some person or substantially the same person own or vantage the two entities; there are common or commingled funds or assets; the busine is entities share the use of the same offices or employees or otherwise share activities resources or personnel on a regular basis; or there Is otherwise a dose working rel: Nonship between the entitles' See State and Local Government Conflict of Into asts Act. Va. Code § 22-3101. CERTIFICATION: I certify that the information contained herein is tru r and accurate. I understand that, upon receipt of notification (postcard) that the applic abon has been scheduled for public hearing, I am responsible for obtaining and postir g the required sign on the subject prolyty at least 30 days prior to the scheduled pu :Ilc hearing according tc the .60Ws package. Virginia ewer B%r George Alibisto % President d ignewre PHM Name Rave Soccer Complex, L.L.C. Y. Salim Ozic, Sol it Member AppiiraM'--j— r owner's Slwwome Print Name Mooaw W of CaidM m ApW@Um PW 11 of 11 RWAW slim DISCLOSURE STATEMENT VIRGINIA BEACH TRAVEL°.SOCCER, INC. ;Agenda Item 11 Page 13 Item #11 Virginia Beach Travel Soccer, Inc. Modification of Conditions 2949 Shipps Corner Road District 6 Beach August 11, 2010 CONSENT GPIN: 14953733290000 An application of Virginia Beach Travel Soccer, Inc. for the Modification of a Conditional Use Permit on property located at 2949 Shipps Corner Road. CONDITIONS 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the south and east property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the south property line on the eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by Kelly Jean Olt dated March 10, 2005. 7. The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled "Conditional Use Exhibit for Shipps Comer Soccer Complex #2949 Shipps Corner Road Virginia Beach Virginia" prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, 2005. 8. The indoor facility shall be developed in substantial conformance with the submitted rendering entitled "RAVE SOCCER COMPLEX LLC'. Item #11 Virginia Beach Travel Soccer, Inc. Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Departmentfor crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Eddie Bourdon spoke on behalf of the applicant Virginia Beach Travel Soccer, Inc. Linda Russell and Don Crago spoke in opposition. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 By a vote of 11-0, the Board has approved the application of Virginia Beach Travel Soccer, Inc. Nu e� R {fS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AMERIGROUP CORPORATION, Conditional Use Permit, eating and drinking establishment, 4433 Corporation Lane (GPIN 1477774006). BAYSIDE DISTRICT. MEETING DATE: September 14, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a cafe/deli to be located within an existing 60,059 square foot office building. The City Zoning Ordinance allows eating and drinking establishments within an Office District if the following criteria are satisfied: 1) a Conditional Use Permit is granted; 2) the eating and drinking establishment is in connection with the principal use; and 3) the eating and drinking establishment does not occupy more than 10 percent of the total floor area involved in the principal use. Through this Conditional Use Permit request, the applicant is attempting to satisfy the requirements to allow an eating and drinking establishment at this site. The proposed 1,500 square foot cafe/deli is approximately two and a half percent of the overall office building. As is required by the City Zoning Ordinance, the proposed use is less than ten percent of the principal use on-site. Also, by virtue of the shop being located within an office building, this deli/cafe will primarily serve employees within the offices on-site. Therefore, the shop is in connection with the principal use (office building) as is also required by the City Zoning Ordinance. The applicant's representative further maintains that the caf6/deli will not contain conventional ovens or stoves. The use of microwave ovens as well as soup and sandwich warming devices will be available on site to aide in the preparation of food. The three-story office building is centered on the site with 275 parking spaces to the south and east of the building. Two access points are provided off of Corporation Lane and no alterations are proposed to the exterior of the building. ■ Considerations: The proposed 1,500 square foot caf6/deli within the office building is acceptable. In accordance with City Zoning Ordinances, this use is appropriate because the proposed caf6 is less than 10 percent of the overall building square footage and Amerigroup Corporation Page 2of2 is ancillary to the office use. This ancillary cafe adds an amenity to the existing office building and will enhance the working environment of employees. In fact, the Comprehensive Plan recommends taking advantage of the waterfront area located to the rear of site by offering cafes. Although this particular cafe is located entirely inside the building, the proposal is in conformance with our City's Comprehensive Plan and compatible with the surrounding office and business uses. Staff further finds that the proposed cafe/deli will be a positive addition to this office complex. The site's 275 parking spaces are sufficient to satisfy City parking requirements for the existing office use and proposed cafe/deli according to the City's Zoning Ordinance. Additionally, traffic generated by this use should not change. Staff, thus, recommends approval of this request with the following condition listed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All signs shall be in conformance with Article 2 (B) and Section 805 of the City of Virginia Beach Zoning Ordinance. ■ 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 Manag� MAP V-6 Amengroup Lo oration R7 s �z trr. ,R _ . -B3 02 03 02 02 B3 63 `S 63 ; REQUEST: Conditional Use Permit (eating and drinking establishment) ADDRESS / DESCRIPTION: 4433 Corporation Lane 1 August 11, 2010 Public Hearing APPLICANT: AMERIGROUP CORPORATION PROPERTY OWNER: PEMBROKE ASSOCIATES NO. 3, LLC STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14777740060000 BAYSIDE 6.47 acre site Less than 65 dB DNL 1,500 s.f. lease space SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a cafe/deli to be located within an existing 60,059 square foot office building. The City Zoning Ordinance allows eating and drinking establishments within an Office District if the following criteria are satisfied: 1) a Conditional Use Permit is granted; 2) the eating and drinking establishment is in connection with the principal use; and 3) the eating and drinking establishment does not occupy more than 10 percent of the total floor area involved in the principal use. Through this Conditional Use Permit request, the applicant is attempting to satisfy the requirements to allow an eating and drinking establishment at this site. The proposed 1,500 square foot cafe/deli is approximately two and a half percent of the overall office building. As is required by the City Zoning Ordinance, the proposed use is less than ten percent of the principal use on-site. Also, by virtue of the shop being located within an office building, this deli/cafe will primarily serve employees within the offices on-site. Therefore, the shop is in connection with the principal use (office building) as is also required by the City Zoning Ordinance. The applicant's representative further maintains that the cafe/deli will not contain conventional ovens or stoves. The use of microwave ovens as well as soup and sandwich warming devices will be available on site to aide in the preparation of food. The three-story office building is centered on the site with 275 parking spaces to the south and east of the building. Two access points are provided off of Corporation Lane and no alterations are proposed to the exterior of the building. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building with associated parking SURROUNDING LAND North: . Thalia Creek USE AND ZONING: . Across Thalia Creek are single-family dwellings / R-20 Residential District South: . Office building / 0-2 Office District East: . Princess Anne High School Athletic Fields / B-3 Central Business District West: . Office building / 0-2 Office District NATURAL RESOURCE AND A portion of this site is located within the Chesapeake Bay's Resource CULTURAL FEATURES: Protection Area. No new development is proposed, therefore, Chesapeake Bay Board approval is not required. Thalia Creek is located within the northern portion of this site. There are no other known natural or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this area as the Pembroke Strategic Growth Area (SGA). The plan for this area is a central urban core with a vertical mix of urban uses, transit alternatives and gathering spaces. The Waterfront Area is located in the northeastern section of this SGA and includes corporation offices, retail and educational facilities (2-14). The Comprehensive Plan recommends taking advantage of the waterfront by offering public art performances, cafes, and access to the waterfront. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: Corporation Lane in front of this site is an undivided two-lane cul-de-sac street. Constitution Drive, approximately 1,500 feet west of this application, is a divided two-lane minor urban arterial. There are currently no CIP projects scheduled for these rights-of-way. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Corporation Lane Unknown 9,900 ADT (Level of Existing Land Use — Service "D") 900 ADT Proposed Land Use 3 - Constitution Drive 11,100 ADT 10,700 ADT (Level of Service "D") 900 ADT Average Daily Trips Y as defined by a 60,059 square foot general office building space 3 as defined by a 60,059 square foot general office building space PUBLIC WORKSITRAFFIC ENGINEERING: The proposed 1,500 square foot cafe/deli is situated within an office building and considered part of the existing office use for trip generation purposes. The Institute of Transportation Engineers indicates that trip generation data for general office buildings allow ancillary non - office uses within an office building, specifically including a restaurant or cafeteria. Accordingly, there will be no change to the building's trip generation and should be no change to overall traffic volumes. WATER & SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION The proposed 1,500 square foot cafe/deli within the office building is acceptable. In accordance with City Zoning Ordinances, this use is appropriate because the proposed cafe is less than 10 percent of the overall building square footage and is ancillary to the office use. This ancillary cafe adds an amenity to the existing office building and will enhance the working environment of employees. In fact, the Comprehensive Plan recommends taking advantage of the waterfront area located to the rear of site by offering cafes. Although this particular cafe is located entirely inside the building, the proposal is in conformance with our City's Comprehensive Plan and compatible with the surrounding office and business uses. Staff further finds that the proposed cafe/deli will be a positive addition to this office complex. The site's 275 parking spaces are sufficient to satisfy City parking requirements for the existing office use and proposed cafe/deli according to the City's Zoning Ordinance. Additionally, traffic generated by this use should not change. Staff, thus, recommends approval of this request with the following condition listed. CONDITIONS 1. All signs shall be in conformance with Article 2 (B) and Section 805 of the City of Virginia Beach Zoning Ordinance. AMERIGROUP CORPORATION / PEMBROKE ASSOCIATES NO. 3, 1—C Agenda itelln 1 Page 3 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. # DATE REQUEST APPLICANT ACTION 1 12/15/75 Zoning Change (A-1 to B-3) Pembroke Assoc. Granted 12/15/75 Zoning Change (A-1 to 0-1) Pembroke Assoc. Granted 01/28/74 Zoning Change (A-1 to A-4) Pembroke Assoc. Withdrawn 11/01/65 Conditional Use Permit (gas Pembroke Square Assoc. Granted supply station 2 02/14/06 Conditional Use Permit (church Destiny Life Center Granted in shopping center DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist IF necessary) See attached. 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) See attached. 0 Check hen: if the applicant is NOTa corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner Is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list ff necessary) Pembroke Associates No. 3, LLC; Blue Ridge Associates of Virginia, LLC and Marc Associates. LLC, Members; Frederick J. NapoRano, Sr. and Richard E. Mvied, Managers 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list IF necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X if yes, what is the name of the official or employee and the nature of their interest? ConMoml Use Permit Appkatw Pegs 9 a to wvxed tranoor DISCLOSURE STATEMEhIT 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) Equal Spaces, PC - Architectural Services W1 11elC,x 4 SAVAG& , P -C . — L6-jef I SQt`dr4-P5 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Govemment Conflict of interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when () one business entity has a controlling ownership interest in the other business entity, (fi) a controlling owner in one entity is also a controlling owner in the other entity, or (!it) there is shared management or control between the business entities. Factors that should be considered in detemrirring the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon recelpt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. J iwt Tt�tat*--7 Jennifer Yun si Print Nance _ Richard E. Olivied Owner's Sfgnature (If different than applicant) Print Name Cwtdif rW use Permit Awketw Page 10 of So Revised 70=7 AMERIGROUP CORPORATION / PEMBROKE ASSOCIATES NO. 3, LLC Agenda Item 1 If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: Baldwin, Stanley F. Q.t'y ea -06 0UP Capor ,n Capps, Thomas E. Director Carlson, James G. Director Child, Jeffrey B. Director Fullwood, Emerson U. Director James, Kay Coles Director McBride, William J. Director Moddelmog, Hata Director Reinhardt, Uwe E. , Pir.D. Director Shirk, Richard D. Director Anglin, Scott W. officer Baldwin, Stanley F. Officer Carlson, James G. Officer Lifted, John E. Officer Littel, John E. Officer McCluskey, diary T. Officer Pace, Nicholas J. Officer Roomsburg, Margaret M. Officer Root, Leon A. Jr. Officer Shields, Karen L. Officer Truess, James W. Officer Whitley -Taylor, Linda K. Officer Zoretic, Richard C. Officer AMERIGROUP CORPORATION / PEMBROKE ASSOCIA 2. List all businesses that have a parent -subsidiary, or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Except where noted, AMERIGROUP Corporation owns 100% of all stock of the following corporations: AMERIGROUP Community Cate of New Mexico, Inc. AMERIGROUP Community Care of South Carolina, Inc. AMERIGROUP Maryland, Inc. AMERIGROUP Nevada, Inc. AMERIGROUP New Jersey, Inc. AMERIGROUP New York, LLC' AMERIGROUP Ohio, Inc. AMERIGROUP Tennessee, Inc. AMERIGROUP Texas, Inc AMERIGROUP Virginia, Inc. AMGP Georgia Managed Cate Company, Inc PHP Holdings, Inc. AMERIGROUP Florida, Inc." 'AMERIGROUP New Yolk LLC n a *nited Nat" mgmW and as such has no stock. AMERIGROUP Corpmeflon owns I00% of the Membership Riplas of the oanpony. "PHP HoWss. Inc owns 100 shares of the stock of AMERIGROUP Florida, Inc.; AMERIGWUP Florida. Inc. mteka the rernainkV 9DO shares. Item # 1 Amerigroup Corporation Conditional Use Permit 4433 Corporate Lane District 4 Bayside August 11, 2010 CONSENT GPIN. 14777740060000 An application of Amerigroup Corporation for a Conditional Use Permit or an eating and drinking establishment on property located at 4433 Corporation Lane. CONDITIONS 1. All signs shall be in conformance with Article 2 (B) and Section 805 of the City of Virginia Beach Zoning Ordinance NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standard& Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standard& All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. There was no representative on this application. By a vote of I 1-0, the Board has approved the application of Amerigroup Corporation. 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 There was no representative on this application. By a vote of I 1-0, the Board has approved the application of Amerigroup Corporation. ue� sr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, an Ordinance to amend Section 501 of the City Zoning Ordinance pertaining outdoor recreational and amusement facilities in residential districts. MEETING DATE: September 14, 2010 ■ Background: The proposed amendments to the City Zoning Ordinance pertain to conditional use permits for outdoor recreational or amusement facilities in the Residential Districts. Outdoor recreational facilities are currently allowed as a conditional use in the Residential Districts and such facilities may be partially or temporarily enclosed on a seasonal basis with the approval of City Council. The current code accommodates temporary enclosures such as inflatable structures however; it does not allow indoor recreation uses. As a result, a temporary enclosure cannot be upgraded to a permanent structure in the Residential Districts without this amendment. ■ Considerations: The proposed amendments expand the current regulations to allow permanently enclosed indoor areas to be approved as part of a conditional use permit for outdoor recreation in the Residential Districts. The indoor areas must be for the same activities conducted on the outdoor portion and the total area of such indoor components may not exceed 20% of the total site area covered by the conditional use permit. There was no opposition to the proposed amendment at the Planning Commission hearing. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendment to the City Council. City of Virginia Beach — Outdoor Recreational and Amusement Facilities Page 2 of 2 ■ Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenVAgency: Planning Department City Manager: i 1 REQUESTED BY COUNCILMEMBER JAMES L. WOOD 2 3 AN ORDINANCE TO AMEND SECTION 501 OF 4 THE CITY ZONING ORDINANCE, PERTAINING 5 TO OUTDOOR RECREATIONAL AND 6 AMUSEMENT FACILITIES IN RESIDENTIAL 7 ZONING DISTRICTS 8 Section Amended: City Zoning Ordinance Section 9 501 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 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 501 of the City Zoning Ordinance is hereby amended and reordained, to read as follows: Sec. 501. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Uses Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council, except that riding academies and recreational campgrounds shall not be allowed. Such Residential Districts R-40 R-20 R-15 R-10 R-7.5 R -51D R -5R R -5S R-2.5 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 »f: 59 60 61 62 W, 64 65 66 67 Uses facilities may include perman- ently enclosed components, provided such components do not exceed a total of twenty per cent (20%) of the area encompassed by the cond- itional use permit and the activities conducted therein are identical to those conducted outdoors. Residential Districts R-40 R-20 R-15 R-10 R-7.5 R -5D R -5R R -5S R-2..5 C C C C C C C C C CK�Iu� to I:�11 The amendments allow, as part of a conditional use permit for an outdoor recreational or amusement facility in a Residential District, permanently enclosed indoor areas in which the same activities conducted on the outdoor portion are carried on. The total area of such indoor components may not exceed 20% of the total site area covered by the conditional use permit. Adopted by the City Council of the City of Virginia Beach on the day of , 2010. 68 Appro Planni as Department CA -11571 R-2 July 16, 2010 Approved as to legal sufficiency: l City Attorney's Office 2 3 August 11, 2010 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SEC. 501 OF THE ZONING ORDINANCE REQUEST: An Ordinance to amend Section 501 of the City Zoning Ordinance, pertaining to outdoor recreational and amusement facilities in residential districts. SUMMARY OF AMENDMENT The proposed amendments to the City Zoning Ordinance pertain to conditional use permits for outdoor recreational or amusement facilities in the Residential Districts. Outdoor recreational facilities are currently allowed as a conditional use in the Residential Districts and such facilities may be partially or temporarily enclosed on a seasonal basis with the approval of City Council. The current code accommodates temporary enclosures such as inflatable structures however; it does not allow indoor recreation uses. As a result, a temporary enclosure cannot be upgraded to a permanent structure in the Residential Districts without this amendment. The proposed amendments expand the current regulations to allow permanently enclosed indoor areas to be approved as part of a conditional use permit for outdoor recreation in the Residential Districts. The indoor areas must be for the same activities conducted on the outdoor portion and the total area of such indoor components may not exceed 20% of the total site area covered by the conditional use permit. RECOMMENDATION Approval of the amendments is recommended. Item #3 City of Virginia Beach Amendment to Section 501 of the Zoning Ordinance to outdoor recreational and amusement facilities in residential districts August 11, 2010 CONSENT An Ordinance to amend Section 501 of the City Zoning Ordinance, pertaining to outdoor recreational and amusement facilities in residential districts The proposed amendments to the City Zoning Ordinance pertain to conditional use permits for outdoor recreational or amusement facilities in the Residential Districts. Outdoor recreation facilities are currently allowed as a conditional use in the Residential Districts and such facilities may be partially or temporarily enclosed on a seasonal basis with the approval of City Council. The current code accommodates temporary enclosures such as inflatable structures however; it does not allow indoor recreation areas. As a result, a temporary enclosure cannot be upgraded to a permanent structure in the Residential Districts. The proposed amendments expand the current regulations to allow permanently enclosed indoor areas to be approved as part of a conditional use permit for outdoor recreation in the Residential Districts. The indoor areas must be for the same activities conducted on the outdoor portion and the total area of such indoor components may not exceed 20% of the total site area covered by the conditional use permit AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Karen Lasley presented this item. ABS 0 ABSENT 0 By a vote of 11-0, the Board has approved the Ordinance to amend Section 501 of the City Zoning Ordinance pertaining to outdoor recreational and amusement facilities in residential districts. L. APPOINTMENTS COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL 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 CITY COUNCIL RETREAT 0 , 8:30 AM — 5:00 PM !; FRIDAY and SATURDAY January 21-22, 2011 0 9 CONFERENCE ROOM ►' Suite 1000 ► + 222 Central Park Avenue ► TOWN CENTER ;� a ►� i.w.+i+i.,i.ii.wiiiril.i►..li��l�♦�s�♦ ►� .w.�.....+r .r.....v.....rr...r.r. . W TV T ♦� CITY COUNCIL / SCHOOL BOARD E "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY OF VIRGINIA BEACH BRIEFING: SUMMARY OF COUNCIL ACTIONS PRINCESS ANNE COMMONS Cindy Curtis, DATE: 08/24/2010 B ATHLETIC VILLAGE Director — Parks E D S and Recreation PAGE: 1 L E D H E W IVIII/IVN/ L D S I Y E J S U 1 Y AGENDA I A T E D N O S H L W ITEM # SUBJECT MOTION VOTE T V E Z Y L N O R S O Y T I P E E E E M 1 O O O S H L R Y S S N N D UA BRIEFING: PRINCESS ANNE COMMONS Cindy Curtis, ATHLETIC VILLAGE Director — Parks and Recreation IVIII/IVN/ CERTIFICATE OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y E F- I MINUTES —August 10, 2010 APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y B S T A I N E D G ADDED: Resolution re JFCOM ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y H MAYOR'S PRESENTATION 1. KING NEPTUNE XXXVII and HIS Stephen COURT McNulty, Chair, Neptune Festival 1-1 PUBLIC HEARINGS: FRANCHISE - 15" Street Pier No Speakers 2 EXCESS PROPERTY No speakers Princess Anne Rd/Winterberry Ln 3 UTILITY EASEMENT No speakers VEPCo — Norfolk Avenue J/K-1 Ordinance to GRANT Franchise to ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y ENTERTAINMENT, INC. re Virginia CONSENT B Beach Fishing Pier S T A I N E D 2 Ordinance to DECLARE portions of City- ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y owned property EXCESS at Princess Anne CONSENT Rd/Winterberry Ln/AUTHORIZE ingress/egress easement to Mountain Ventures Virginia Beach, LLC CITY OF VIRGINIA BEACH Ordinance to AUTHORIZE easement to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y VEPCO over City -owned property along CONSENT DATE: 08/24/2010 B Norfolk/Cypress Avenues pad -mounted E D S stepdown transformers/underground PAGE: 2 L E D H E W L D S 1 E J S U I AGENDA I A T E D N O S H L W ITEM # SUBJECT MOTION VOTE T V E Z Y L N O R S O T I P E E E E M 11 O O O S H L R Y S S N N D 3 Ordinance to AUTHORIZE easement to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y VEPCO over City -owned property along CONSENT Norfolk/Cypress Avenues pad -mounted stepdown transformers/underground cables 4 Resolution to AUTHORIZE allocation up ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y to $1 -Million through VDOT Revenue BYC ONSENT Sharing re Princess Anne Rd/Kempsville Ln intersection improvements/ AUTHORIZE agreements for project development/construction 5 Ordinances to ACCEPT and ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. two five (5) -year interest free loans: (1) $100,000 to Sandbridge Rescue/ Fire, Inc. re ambulance (2) $62,000 to Kempsville Rescue Squad, Inc. re ambulance b. $98,571 from U.S. Homeland Security to Fire re tactical rescue equipment/training with Tidewater Regional Technical Rescue Team c. $75,874 from Opportunity Inc. to Resources re 2010 Summer Youth Work Experience Program ADDED Resolution protesting proposed closure on ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y JFCOM/requesting Va delegation/Govemor CONSENT take actions necessary to maintain presence in Hampton Roads L.1 THOMAS/JACQUELINE RICHARDS APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP re residential kennel at 1112 CONDITIONED Hartwood Avenue. BY CONSENT DISTRICT 5 - LYNNHAVEN 2 EDWARD/JEAN SNYDER CUP re boat APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y dock with lift to create community CONDITIONED pier/dock at 1057/1061 Bobolink Drive BY CONSENT DISTRICT 5 - LYNNHAVEN 3 ADOLFO MARTINEZ CUP re ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y skateboard ramp at 2008 Gadsby Court WITHDRAWAL DISTRICT I — CENTERVILLE BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 08/24/2010 B E D S PAGE: 3 L E D H E W L D S I E J S U I AGENDA I A T E D N O S H L W ITEM # SUBJECT MOTION VOTE 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 M APPOINTMENTS: RESCHEDULED BY CONSENSUS HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL N/O/P ADJOURNMENT 6:19 PM CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010