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NOVEMBER 9, 2010 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHN E. UHR1N, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER -JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S REMIAS CITY CLERK - RUTH HODGES FRASER, MMC I. II. CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 9 November 2010 CITY MANAGER'S BRIEFING - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1. COUNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS Andrew Friedman - Director, Housing and Neighborhood Preservation CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 5:00 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TIJ ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Evelyn G. Keener Chaplain and Director of Pastoral Care CHKD 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 October 26, 2010 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS . 1. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) establish the following; projects: a. Highway Safety Improvement b. Congestion Mitigation and Air Quality Improvement 2. Ordinances to AUTHORIZE reimbursement to City employees for legal fees and expenses incurred in their Counsel's successful defense of misdemeanor charges arising out of the discharge; of official duties: a. $1,0W.00 Convention and Visitors Bureau b. $1,083.60 Convention and Visitors Bureau 3. Ordinance to ACCEPT and APPROPRIATE $10,122,000 from the Virginia Department of Transportation (VDOT), the Federal Highway Administration (FHWA) and the Congestion Mitigation and Air Quality Improvement Program (CMAP) for pedestrian and traffic safety at various locations and a Federal Earmark for Lesner Bridge replacement J. PLANNING Application of MARK COOKE for a Nonconforming Use re conversion of a garage apartment with a single family dwelling at 6102 Oceanfront Avenue (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of PONTIAC ARMS APARTMENTS, INC. for Modification of Conditions (approved March 10, 2009) to allow the parking lot as an outdoor artist's gallery at 2016 Arctic Avenue (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 3. Application of WELLINGTON FARM, LLC/DAVID and TAUNIA REED for Modification of Conditions 3 and 4 to remove reference to fund raising at 3125 Hungarian Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 4. Applications of COMMONWEALTH VIRGINIA BEACH, L.L.C. at 445 Kings Grant Road (DISTRICT 5 — LYNNHAVEN): a. Change of Zoning from B-2 Community Business District to Conditional 0-2 Office District at 445 Kings Grant Road b. Conditional Use Permit re a facility for the disabled (Sanatorium) RECOMMENDATION APPROVAL 5. Application of INTEGRATED LIVING COMMUNITIES OF VIRGINIA BEACH, LLC A/K/A KINGS GRANT HOUSE for Modification of Conditions, (approved March 14, 1988) re an addition and to expand the parking lot (to be shared with the church) at 440 North Lynnhaven Road. (DISTRICT 5 — LYNNHAVEN). RECOMMENDATION APPROVAL 6. Application SAINT AIDAN'S EPISCOPAL CHURCH for Modification of Conditions (approved April 13, 1999) re a shared parking lot at 3201 Edinburgh Drive (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 7. Application of CITY OF VIRGINIA BEACH, to AMEND Section 111 and Section 301 of the City Zoning Ordinance (CZO), to define "Environmental Education Center" and allow the use as a Conditional Use in the P-1 Preservation District and ADD a new Section 233.1.1, to establish Standards Of Use. K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAI1 COMMUNITY COMMISSION COMN[UNITY POLICY and MANAGEMENT TEAM — CSA COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HAMP'T'ON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDL,ETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION WETLANDS L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL 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 I. CITY MANAGER'S BRIEFING - Conference Room - 5:00 PM 1. COUNCIL POLICY ON CHANGE OF USE FOR MOBILE HOME PARKS Andrew Friedman - Director, Housing and Neighborhood Preservation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Evelyn G. Keener Chaplain and Director of Pastoral Care CHKD 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 October 26, 2010 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) establish the following projects: a. Highway Safety Improvement b. Congestion Mitigation and Air Quality Improvement 2. Ordinances to AUTHORIZE reimbursement to City employees for legal fees and expenses incurred in their Counsel's successful defense of misdemeanor charges arising out of the discharge of official duties: a. $1,000.00 Convention and Visitors Bureau b. $1,083.60 Convention and Visitors Bureau 3. Ordinance to ACCEPT and APPROPRIATE $10,122,000 from the Virginia Department of Transportation (VDOT), the Federal Highway Administration (FHWA) and the Congestion Mitigation and Air Quality Improvement Program (CMAP) for pedestrian and traffic safety at various locations and a Federal Earmark for Lesner Bridge replacement CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) Resolution Requesting the Virginia Department of Transportation to Establish Highway Safety Improvement Project (2) Resolution Requesting the Virginia Department of Transportation to Establish Congestion Mitigation and Air Quality Improvement Projects MEETING DATE: November 9. 2010 ■ Background: The Public Works Traffic Engineering Division has identified several roadways and intersections in need of pedestrian and traffic safety improvements and has received approval for federal funding through the Virginia Department of Transportation (VDOT) to proceed with the projects. A more complete description of the locations, purposes, and funding amounts of the Highway Safety Improvement Program projects and Congestion Mitigation and Air Quality Improvement Projects are provided by the Agenda Request accompanying the Budget Amendment Ordinance on Council's November 9, 2010 Agenda. ■ Considerations: These projects are programmed to help achieve the City's goal for pedestrian and traffic safety improvements along arterial roadways, and have been coordinated with the local neighborhoods. Prior to awarding the grants, VDOT requires resolutions from City Council endorsing the projects. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Recommendations: It is recommended that City Council adopt the resolutions endorsing the projects. ■ Attachments: Resolutions (2) Recommended Action: Approval of Resolutio Submitting Department/Agency: Public Works 436 A-1 City Manager: k-' 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ESTABLISH HIGHWAY SAFETY IMPROVEMENT 4 PROJECTS 5 6 WHEREAS, in accordance with the Virginia Department of Transportation 7 construction allocation procedures, it is necessary that a request by Council resolution be 8 made in order that the Department program urban highway projects in the City of Virginia 9 Beach; 10 11 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Virginia 12 Beach, Virginia, requests the Virginia Department of Transportation to establish urban 13 highway projects for the improvement of Virginia Beach Boulevard and Mediterranean 14 Avenue; Northampton Boulevard and Pleasure House Road; General Booth Boulevard and 15 Nimmo Parkway; Independence Boulevard and Buckner Boulevard; NorthLdynnhaven 16 Sidewalk; 22"d Street, 3 locations — Mediterranean, Cypress and Parks; 22" Street, 2 17 locations — Baltic and Arctic; 21 st Street, 3 locations — Mediterranean, Cypress and Parks; 18 21 st Street, 2 locations — Baltic and Arctic; Holland and South Plaza Trail; Providence Road 19 and Lord Dunmore Drive; First Colonial Road and Donna Boulevard; Independence 20 Boulevard Pedestrian Improvements — Green Meadows Drive, South Plaza Trail, and 21 Princess Anne Road; and Newtown Road. The projects will be used for bicycle and 22 pedestrian safety improvements. 23 24 BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach hereby 25 agrees to pay or provide by "in-kind" resources its share of the total cost for preliminary 26 engineering, right of way, and construction of these projects in accordance with Section 27 33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects 28 to cancel these projects, the City of Virginia Beach hereby agrees to reimburse the Virginia 29 Department of Transportation for the total amount of the costs expended by the 30 Department through the date the Department is notified of such cancellation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: xe�D rtment of Public WOKS APPROVED AS TO CONTENT: -L.'! ,3 o.. Management Services CA1 1618/R-1 /October 27, 2010 zlwz�, Ci ores ffice 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ESTABLISH CONGESTION MITIGATION AND 4 AIR QUALITY IMPROVEMENT PROJECTS 5 6 WHEREAS, in accordance with the Virginia Department of Transportation 7 construction allocation procedures, it is necessary that a request by Council resolution be 8 made in order that the Department program an urban highway project in the City of Virginia 9 Beach; 10 11 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Virginia 12 Beach, Virginia, requests the Virginia Department of Transportation to establish an urban 13 system highway projects for the improvement of the Rosemont Road and Lynnhaven 14 Parkway Intersection, Citywide Signal Retiming, and the Virginia Beach Bus Shelter 15 Program. These projects will be used for congestion relief and safety improvements. 16 17 BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach hereby 18 agrees to pay or provide by "in-kind" resources its share of the total cost for preliminary 19 engineering, right of way and construction of this project in accordance with Section 33.1- 20 44 of the Code of Virginia, and that, if the City of Virginia Beach subsequently elects to 21 cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia 22 Department of Transportation for the total amount of the costs expended by the 23 Department through the date the Department is notified of such cancellation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: D artment of Public W s APPROVED AS TO CONTENT �1 .A�. Management Services CA11617 R-1 October 27, 2010 /1!00W :!, r - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Reimbursement to an Employee for Legal Fees and Expenses Incurred in the Successful Defense of a Misdemeanor Charge Arising Out of the Discharge of Official Duties MEETING DATE: November 9, 2010 ■ Background: Four people swore out warrants against a Convention and Visitors Bureau employee for disturbing the peace when the employee approached them during an event at the convention center. The individuals were not attending any event at the Convention Center and the employee asked them to leave. The employee did not touch the people nor was the employee violent. On September 30, 2010, the criminal charges were heard in the Virginia Beach General District court and the charges were all dismissed. The employee was represented at trial by defense counsel John Fletcher. Mr. Fletcher has rendered an invoice for $1,000 in legal fees. ■ Considerations: Section 15.2-1521 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by any employee of the locality on any criminal charge arising out of any act committed in the discharge of the employee's official duties if at trial the employee is found not guilty. The City Attorney's Office has reviewed the circumstances of the case and determined that the employee's legal fees of $1,000 are reasonable. ■ Recommendation: Approval of ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager. �, - br 1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF 2 AN EMPLOYEE'S LEGAL FEES AND EXPENSES 3 INCURRED IN THE SUCCESSFUL DEFENSE OF A 4 MISDEMEANOR CHARGE ARISING FROM THE 5 DISCHARGE OF OFFICIAL DUTIES 6 7 WHEREAS, a Virginia Beach employee was charged with four misdemeanor 8 charges for actions arising out of the performance of her official duties; 9 10 WHEREAS, on September 30, 2010, the Virginia Beach General District Court 11 dismissed all charges with prejudice; 12 13 WHEREAS, in the defense of said charge, the employee incurred legal fees in the 14 amount of $1,000.00 and has requested the City to reimburse her for such fees; 15 16 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "(i)f any officer 17 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 18 any criminal charge arising out of any act committed in the discharge of his official duties, 19 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 20 found not guilty, the governing body of the locality may reimburse the officer or employee 21 for reasonable legal fees and expenses incurred by him in defense of such investigation or 22 charge, the reimbursement to be paid from the treasury of the locality"; and 23 24 WHEREAS, the Department Director and the City Attorney's Office have reviewed 25 the circumstar ces of this case, assessed the bill submitted by the employee's legal 26 counsel, and determined that the legal fees are reasonable. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That they Director of the Convention and Visitors Bureau is hereby authorized to 32 expend funds in the amount of $1,000.00 from the FY 2010-11 Operating Budget of the 33 Department of the Convention and Visitors Bureau for the purpose of reimbursing the 34 employee for legal fees incurred by her in defense of said misdemeanor charges brought 35 against her arising out of the performance of her official duties. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 38 day of , 2010. APPROVED AS TO CONTENT: ConventioKand Visitors Bureau CA11624 R-2 October 25, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City A orney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Reimbursement to an Employee for Legal Fees and Expenses Incurred in the Successful Defense of a Misdemeanor Charge Arising Out of the Discharge of Official Duties MEETING DATE: November 9, 2010 ■ Background: Two people swore out warrants against a Convention and Visitors Bureau employee for disturbing the peace when the employee approached them during an event at the convention center. The individuals were not attending any event at the Convention Center and the employee asked them to leave. The employee did not touch the people nor was the employee violent. On September 30, 2010, the criminal charges were heard in the Virginia Beach General District court, and the charges were all dismissed. The employee was represented at trial by defense counsel Larry Slipow. Mr. Slipow has rendered an invoice for $980.00 in legal fees and $103.60 in reimbursable costs. ■ Considerations: Section 15.2-1521 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by any employee of the locality on any criminal charge arising out of any act committed in the discharge of the employee's official duties if at trial the employee is found not guilty. The City Attorney's Office has reviewed the circumstances of the case and determined that the employee's legal fees and expenses of $1,083.60 are reasonable. ■ Recommendation: Approval of ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Convention and Visitors Bureau City Manager: 1 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF 2 AN EMPLOYEE'S LEGAL FEES AND EXPENSES 3 114CURRED IN THE SUCCESSFUL DEFENSE OF A 4 MISDEMEANOR CHARGE ARISING FROM THE 5 DISCHARGE OF OFFICIAL DUTIES 7 WHEREAS, a Virginia Beach employee was charged with two misdemeanor 8 charges for actions arising out of the performance of his official duties; 9 10 WHEREAS, on September 30, 2010, the Virginia Beach General District Court 11 dismissed all charges with prejudice; 12 13 WHEREAS, in the defense of said charge, the employee incurred legal fees and 14 expenses in the., amount of $1,083.60 and has requested the City to reimburse him for such 15 fees and expenses; iI: 17 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "(i)f any officer 18 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 19 any criminal charge arising out of any act committed in the discharge of his official duties, 20 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 21 found not guilty, the governing body of the locality may reimburse the officer or employee 22 for reasonable legal fees and expenses incurred by him in defense of such investigation or 23 charge, the reimbursement to be paid from the treasury of the locality"; and 24 25 WHEREAS, the Department Director and the City Attorney's Office have reviewed 26 the circumstances of this case, assessed the bill submitted by the employee's legal 27 counsel, and determined that the legal fees and expenses are reasonable. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the Director of the Convention and Visitors Bureau is hereby authorized to 33 expend funds in the amount of $1,083.60 from the FY 2010-11 Operating Budget of the 34 Department of the Convention and Visitors Bureau for the purpose of reimbursing the 35 employee for legal fees and expenses incurred by him in defense of said misdemeanor 36 charges brought against him arising out of the performance of his official duties. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 day of , 2010. APPROVED AS TO CONTENT: Conven ' n anti Visitors Bureau CA11625 R-2 October 25, 2010 APPROVED AS TO LEGAL SUFFICIENCY: City A rney's Office a 4 srs+t C •� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation and the Federal Highway Administration for Pedestrian and Traffic Safety Improvements MEETING DATE: November 9. 2010 ■ Background: The Public Works Engineering Division has received funding approval for several roadway and intersection projects to improve pedestrian and traffic safety. Funding for these improvements is provided by the Virginia Department of Transportation (VDOT) and the Federal Highway Administration (FHWA) through the Highway Safety Improvement Program (HSIP), Congestion Mitigation and Air Quality Improvement Program (CMAQ) and a federal earmark for the Lesner Bridge Replacement project. The specific locations of the projects and the recommended improvements are shown below: Highway Safety Improvement Program proiect Grant Amt. Virginia Beach Boulevard/Mediterranean Avenue Intersection $300,000 (upgrade existing signal) Northampton Boulevard/Pleasure House Road Intersection $225,000 (install flashing beacons on Northampton Boulevard ) General Booth Boulevard/Nimmo Parkway Intersection $400,000 (construct acceleration/auxiliary left turn lane on Nimmo Parkway) Independence Boulevard/Buckner Boulevard Intersection $563,000 (construct southbound left turn lane on Independence Boulevard) North Lynnhaven Road Sidewalk $450,000 (construct sidewalk on the south side of North Lynnhaven Road from Kings Grant Road to Virginia Beach Boulevard) 22"d Street, 5 locations — Mediterranean, Cypress, Parks, Baltic & Arctic $1,690,000 (upgrade traffic signals with mast arms) 21St Street, 5 locations — Mediterranean, Cypress, Parks, Baltic & Arctic $1,700,000 (upgrade traffic signals with mast arms) Holland Road/South Plaza Trail Intersection $355,000 (upgrade traffic signals with mast arms) Providence Road/Lord Dunmore Drive Intersection $380,000 (upgrade traffic signals with mast arms) First Colonial Road/Donna Boulevard Intersection $425,000 (upgrade traffic signals with mast arms) Independence Blvd Pedestrian Improvements — Green Meadows Drive, South Plaza Trail, and Princess Anne Road (install ADA ramps and pedestrian signals) Newtown Road — Safe Routes to School Grant (install sidewalks and improve intersections and street markings) Sub -total Congestion fAitigation and Air Quality Improvement Program project Rosemont Rciad/Lynnhaven Parkway Intersection (construct northbound dual left turn lanes on Rosemont Road along with improvements to the receiving lanes on the western approach of Lynnhaven Parkway) Citywide Sigral Retiming Virginia Beach Bus Shelter Program Sub -total $320,000 $488,000 $7,296,000 Grant Amt. $700,000 $1,276,000 $100,000 $2,076,000 Also, a federal earmark in the amount of $750,000 has been awarded to the City for the Lesner Bridge Replacement project. The funding total for the twelve HSIP projects, three CMAQ projects, and the Federal Earmark is $10,122,000. ■ Considerations: The intersections chosen for the HSIP projects are high accident locations that are at or near capacity. The projects chosen for CMAQ projects include safety and capacity improvement, signal timing, and the placement of additional bus shelters along existing bus routes. These projects are programmed to help achieve the City's goal for pedestrian and traffic safety improvements along arterial roadways and have been coordinated with the local neighborhoods. Pursuant to the Virginia Code, the City's match may be up to 2% of the project costs. However, VDOT is not requiring the City to provide any City funding for these projects at this time. The Lesner Bridge Replacement Project is not fully funded. This federal earmark will provide needed funding for the project. There is no cost share requirement for this earmark. ■ Public Information: Public information will be provided through the normal City Council agenda process. Since the appropriations exceed 1% of the FY 2010-11 Capital Budget, a public hearing was held on October 26, 2010. Additionally, public meetings will be held for each project through Public Works Engineering Division. ■ Recommendations: It is recommended that City Council accept and appropriate funding from VDOT, the FHWA, and the federal earmark. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works City Manager %� , eot 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION AND THE FEDERAL HIGHWAY 4 ADMINISTRATION FOR PEDESTRIAN AND TRAFFIC 5 SAFETY IMPROVEMENTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. CIP #2-402, Virginia Beach Bus Shelter Program, is hereby established as a 11 capital project in the FY 2010-11 capital budget. 12 13 2. $729,600 from the Virginia Department of Transportation and $9,392,400 from 14 the Federal Highway Administration are hereby accepted and appropriated, with federal 15 and state revenues increased accordingly, to the following Capital Improvement 16 Projects to improve pedestrian and traffic safety: 17 18 (a) $750,000 to CIP #2-168, Lesner Bridge Replacement (Partial) 19 (b) $7,296,000 to CIP #2-178, Highway Safety Improvement Program 20 (c) $1,976,000 to CIP #2-190, Congestion Relief/Safety Improvement Program — 21 Phase 1 22 (d) $100,000 to CIP #2-402, Virginia Beach Bus Shelter Program 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: n . Management Services CA11742 R-2 October 29, 2010 Approved as to Legal Sufficiency: orney,s Office J. PLANNING 1. Application of MARK COOKE for a Nonconforming Use re conversion of a garage apartment with a single family dwelling at 6102 Oceanfront Avenue (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of PONTIAC ARMS APARTMENTS, INC. for Modification of Conditions (approved March 10, 2009) to allow the parking lot as an outdoor artist's gallery at 2016 Arctic Avenue (DISTRICT 6 — BEACH) RECOMMENDATION APPROVAL 3. Application of WELLINGTON FARM, LLC/DAVID and TAUNIA REED for Modification of Conditions 3 and 4 to remove reference to fund raising at 3125 Hungarian Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 4. Applications of COMMONWEALTH VIRGINIA BEACH, L.L.C. at 445 Kings Grant Road (DISTRICT 5 — LYNNHAVEN): a. Chane of Zoning from B-2 Community Business District to Conditional 0-2 Office District at 445 Kings Grant Road b. Conditional Use Permit re a facility for the disabled (Sanatorium) RECOMMENDATION APPROVAL 5. Application of INTEGRATED LIVING COMMUNITIES OF VIRGINIA BEACH, LLC A/K/A KINGS GRANT HOUSE for Modification of Conditions, (approved March 14, 1988) re an addition and to expand the parking lot (to be shared with the church) at 440 North Lynnhaven Road. (DISTRICT 5 — LYNNHAVEN). RECOMMENDATION APPROVAL 6. Application SAINT AIDAN'S EPISCOPAL CHURCH for Modification of Conditions (approved April 13, 1999) re a shared parking lot at 3201 Edinburgh Drive (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 7. Application of CITY OF VIRGINIA BEACH, to AMEND Section 111 and Section 301 of the City Zoning Ordinance (CZO), to define "Environmental Education Center" and allow the use as a Conditional Use in the P-1 Preservation District and ADD a new Section 233.1.1, to establish Standards Of. Use. s'•: J' Y' NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, November 9, 2010, at 6:00 p.rn. The following applications will be heard: LYNNHAVEN DISTRICT Mark Cooke Application: Nonconforming Use at 6102 Oceanfront Avenue (GPIN 2419820281). Commonwealth Virginia Beach, L.L.C. Application: Change of Zoning District Classification from B-2 Community Business to Conditional 0-2 Office at 445 Kings Grant Road (GPIN 1497074064). Deferred on July 14, 2010. Comprehensive Plan - Suburban Area. Commonwealth Virginia Beach L.L.C. Application: Conditional Use Permit re a facility for disabled (sanatorium) at 445 Kings Grant Road (GPIN 1497074064). Deferred on July 14, 2010. Integrated Living Communities Of Virginia Beach, LLC aka Kings Grant House Application: Modification of Conditional Use Permit (apprbved by City Council on March 14, 1988) at 440 North Lynnhaven Road (GPIN 1497072012). Deferred on July 14, 2010. Saint Aidan's Episcopal Church Application: Modification of Conditional Use Permit (approved by City Council on April 13, 1999) at 3201 Edinburgh Drive (GPIN 1497072219). Deferred on July 14, 2010. CITY OF VIRGINIA BEACH Ordinance to amend Section 111 and Section 301 of the City Zoning Ordinance, defining the term 'Environmental Education Center' and allowing the use as a Conditional Use in the P-1 Preservation District and adding a New Section 233.1.1, Establishing Standards Pertaining to Such Use. BEACH DISTRICT Pontiac Arms Apartments, Inc. Application: Modification of Conditional Use Permit (approved by City Council on March 30, 2009) at 2016 Arctic Avenue (GPIN 2427086210). PRINCESS ANNE DISTRICT Wellington Farm, LLC/David Reed and Tauma Reed Application: Modification of Conditions at 3125 Hungarian Road (GPIN 1388743606;1388841368). 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:/Iwww.vbgov.com/oc For information call 3854621 If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CRY CLERKS OFFICE at 3854303. BEACON: OCT 24 & 31, 2010 21863856 -r0 Irr �1 w ca CD cl Ij Q 4 t it 4 E :__�-.-J t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Reconstruction and Conversion of a Nonconforming Use on Property Located at 6102 Oceanfront Avenue for MARK COOKE, 6102 Oceanfront Avenue (GPIN 2419820281). LYNNHAVEN DISTRICT. MEETING DATE: November 9, 2010 ■ Background: The applicant requests alterations to a nonconforming use and structure, a garage apartment. The lot was developed in 1958 with a single-family dwelling and garage apartment, which were permitted uses in the R -D 2 Residence Duplex zoning district of the Master Zoning Plan of Princess Anne County. The Comprehensive Zoning Ordinance was adopted in November 1973 and garage apartments remained as permitted uses in the then R-8 Residential District. In August 1985 garage apartments were removed from the ordinance. The current City Zoning Ordinance, adopted in April 1988, does not permit garage apartments in the R -5R Residential zoning district. Thus the existing garage apartment is nonconforming, and any enlargements, expansions, or re -location must be approved by the City Council. The applicant proposes to demolish the existing two-story garage apartment and replace it with a three-story single-family dwelling. The existing structure is 1,350 square feet and is situated 4.55 feet from the northern property line, 20.05 feet from the western property line, and 20.81 feet from the southern property line. The proposed dwelling will be 2,160 square feet, and situated 8.3 feet from the northern property line, 20.3 feet from the western property line, and 17.7 feet from the southern property line. A three and one-half foot roof overhang extends into the 20.05 foot front yard setback, adjacent to Ocean Front Avenue, and second and third floor decks extend four feet into the southern yard area. The proposed dwelling will be 35 -feet in height. Four parking spaces are proposed for the site, two for the proposed dwelling and two for the existing dwelling. The submitted building elevations depict a three-story structure with a roof top deck. The first floor exterior walls of the building will be siding, and the second and third floors exterior walls are depicted as shingled. The existing single-family home located on the eastern portion of the site, also constructed in 1958, is approximately 3,700 square feet and is two -stories in height. The home is situated 4.39 feet from the northern property line and 7.66 Mark Cooke Page 2of3 feet from the southern property line. First and second floor decks extend to the eastern property line. Variances to required setbacks and lot coverage were approved in 1978, 1979, and 1991 by the Board of Zoning Appeals. ■ Cons!clerations: Staff recommends approval of this request, subject to the conditions listed below. The Comprehensive Plan Map designates this site as being within the Suburban Focus Area 7 — North Beach. North Beach, located on both sides of Atlantic Avenue; from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R -5R). The City Zoning Ordinance states "No nonconforming use shall be converted to another use which does not conform to this ordinance except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use. In the resolution authorizing such change, the city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient". Staff finds the proposed replacement of a garage apartment with a single-family dwelling is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use and structure. The foot print of the proposed structure will be shifted to the south three and three-quarter feet providing an eight foot setback between the new structure and the property to the north. Overall floor area will increase by only 201 square feet and total impervious cover on the site will decrease by 439 square feet. The additional pervious area will be planted with shrubs and a tree. Parking for the proposed dwelling will be directed into the site, perpendicular to the northern property line, alleviating the current vehicle maneuvering directly into Ocean Front Avenue. The request is also in keeping with the vision of the North End residents to permit two single-family dwellings on a site, as permitted in the Old Beach district, as opposed to a duplex. The request, therefore, is acceptable with the conditions below. ■ Recommendations: Staff re;,ommends approval of this request to the City Council with the following conditions: . The location of the proposed dwelling shall substantially conform to the submitted plan entitled "NON -CONFORMING USE EXHIBIT FOR Mark Cooke Page 3 of 3 COOKE RESIDENCE #6102 OCEAN FRONT AVENUE, VIRGINIA BEACH, VIRGINIA", dated August 8, 2010, prepared by wpl Landscape Architecture Land Surveying Civil Engineering. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwelling shall be constructed substantially in accordance with the submitted elevations building sections entitled "Cooke Beach Cottage 6102 Ocean Front Avenue, Virginia Beach, VA, 23451", dated 6/8/10, prepared by Hopke & Associates, Inc., Architecture / Planning / Interiors. Said elevations building sections have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Proposed building materials shall consist of hardi-plank siding and cedar shake shingles. All windows shall be vinyl and railings shall be vinyl wrapped. Roofing shingles shall be architectural grade quality. ■ Attachments: Staff Review and Disclosure Statements Location Map Recommended Action: Staff recommends approval Submitting Department/Agency: Planning Department City Manager. November 9, 2010 City Council Meeting APPLICANT / PROPERTY OWNER: REQUEST: Reconstruction and Conversion of a Nonconforminq Use and Structure ADDRESS / DESCRIPTION: 6102 Ocean Front Avenue MARK COOKE STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24198202810000 #5 - LYNNHAVEN 7,500 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant: requests alterations to a nonconforming use and structure, a garage apartment. The lot was developed in 1958 with a single-family dwelling and garage apartment, which were permitted uses in the R -D 2 Residence Duplex zoning district of the Master Zoning Plan of Princess Anne County. The Comprehensive Zoning Ordinance was adopted in November 1973 and garage apartments remained as permitted users in the then R-8 Residential District. In August 1985 garage apartments were removed from the ordinance. The current City Zoning Ordinance, adopted in April 1988, does not permit garage apartments in the R -5R Residential zoning district. Thus the existing garage apartment is nonconforming, and any enlargements, expansions, or re -location must be approved by the City Council. The applicant: proposes to demolish the existing two-story garage apartment and replace it with a three- story single-family dwelling. The existing structure is 1,350 square feet and is situated 4.55 feet from the northern property line, 20.05 feet from the western property line, and 20.81 feet from the southern property line. The proposed dwelling will be 2,160 square feet, and situated 8.3 feet from the northern property line, 20.3 feet from the western property line, and 17.7 feet from the southern property line. A November 9, 2010 City Council Meeting Page 1 Front Avenue, and second and third floor decks extend four feet into the southern yard area. The proposed dwelling will be 35 -feet in height. Four parking spaces are proposed for the site, two for the proposed dwelling and two for the existing dwelling. The submitted building elevations depict a three-story structure with a roof top deck. The first floor exterior walls of the building will be siding, and the second and third floors exterior walls are depicted as shingled. The existing single-family home located on the eastern portion of the site, also constructed in 1958, is approximately 3,700 square feet and is two -stories in height. The home is situated 4.39 feet from the northern property line and 7.66 feet from the southern property line. First and second floor decks extend to the eastern property line. Variances to required setbacks and lot coverage were approved in 1978, 1979, and 1991 by the Board of Zoning Appeals. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling and a garage apartment occupy the site. SURROUNDING LAND North: • Single-family dwelling / R -5R Residential Resort USE AND ZONING: South: • Single-family dwelling / R -5R Residential Resort East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no impacts to city services. • Atlantic Ocean • Ocean Front Avenue There are no natural resources or cultural features associated with the site. The site is covered mostly by structures, pavers and concrete. IMPACT ON CITY SERVICES EVALUATION AND RECOMMENDATION The Comprehensive Plan Map designates this site as being within the Suburban Focus Area 7 — North Beach. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R -5R). The City Zoning Ordinance states "No nonconforming use shall be converted to another use which does not conform to this ordinance except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than November 9, 2010 City Council Meering r Page 2 is the existing nonconforming use. In the resolution authorizing such change, the city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use :;hall not be more deficient'. Staff finds the: proposed replacement of a garage apartment with a single-family dwelling is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non -conforming use and structure. The foot print of the proposed structure will be shifted to the south three and three- quarter feet providing an eight foot setback between the new structure and the property to the north. Overall floor area will increase by only 201 square feet and total impervious cover on the site will decrease by 439 square feet. The additional pervious area will be planted with shrubs and a tree. Parking for the propo;,ed dwelling will be directed into the site, perpendicular to the northern property line, alleviating the, current vehicle maneuvering directly into Ocean Front Avenue. The request is also in keeping with -;he vision of the North End residents to permit two single-family dwellings on a site, as permitted in the Old Beach district, as opposed to a duplex. The applicant is to meet with the North End Civic League Planning and Design Review Committee on October 28, 2010. The chairperson of the Committee will provide the civic league letter by November 1, 2010. Staff recommends approval of this request, subject to the conditions listed below. CONDITIONS 1. The location of the proposed dwelling shall substantially conform to the submitted plan entitled "NON- CONFORMING USE EXHIBIT FOR COOKE RESIDENCE #6102 OCEAN FRONT AVENUE, VIRGINIA BEACH, VIRGINIA", dated August 8, 2010, prepared by wpl Landscape Architecture Land Surveying Civil Engineering. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwelling shall be constructed substantially in accordance with the submitted elevations building sections entitled "Cooke Beach Cottage 6102 Ocean Front Avenue, Virginia Beach, VA, 23451", dated 6/8/10, prepared by Hopke & Associates, Inc., Architecture / Planning / Interiors. Said elevations building sections have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Proposed building materials shall consist of hardi-plank siding and cedar shake shingles. All windows shall tie vinyl and railings shall be vinyl wrapped. Roofing shingles shall be architectural grade quality. November 9, 2010 City Council NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet an applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. November 9, 2010 City Council Meeting Pa jo. 4 AERIAL OF SITE LOCATION November 9, 2010 City Council leeting 'age 5 NV300 01INY71 V '1A GLIVA37n09 f OUNV71 V - 'EDE 0 01 0 "�z' 'ik;lli IL WK W sii r4 L4 i" I w �Q4 F- OY - EXISTING PHYSICAL SURVEY November 9, 2010 City Council Meeting Page 6 Nk- i't 4, iAo IT- zv I 'ti 3nN3A V INOR-4 NV300 0 01 0 "�z' 'ik;lli IL WK W sii r4 L4 i" I w �Q4 F- OY - EXISTING PHYSICAL SURVEY November 9, 2010 City Council Meeting Page 6 it NY300 D/1NY71 Y =T. vr.v - OdYA37/l00 O/1NY71Y -.•u ��E g�� g! �•� 1 0 � grDp xxif� s' HSY ads Hysg aY 96i" ig � Oa d lip ° g D�[g yx �t� °� �s9�i 4 � `s a T Im a NY390 w W X Q 5 V. W o> W rzi i� .zVQ Za'a Z z5 O Q a6 - C -4 6-N mfr Z Q O s<G OQr"� PROPOSED SITE LAYOUT November 9, 2010 City Council Meeting Page 7 ELEVATION MAST EL.El/ -4-- X xxl, 1KAN5VMK5M DJLD N6 SECTON PROPOSED BUILDING ELEVATION November 9, 2010 City Council Meeting Page 8 - - - - - - - - - - - - - - - - U -:;N6 SEC!'10M AT WERVOR STAIR e1U.L.V NCp SESECTIONSECTIONA I!XT-O RiOW- S. A'R PROPOSED BUILDING ELEVATION November 9, 2010 City Council Meeting Page 9 PHOTOGRAPHS OF EXISTING STRUCTURE November 9, 2010 City Council Meeting Page 10 Map L-4 Mark Cooke 'Zoning with Condhlons.Proffers. OPen Non -Conforming Use Space Pronrof lon or PDH -2 Overlays There is no recent zoning activity to report for the immediate area. ZONING HISTORY November 9, 2010 City Council Meeting Page 11 C5 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, pa ers, etc. below: (Attach list if necessary) ark Cooke ' 12. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) x Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Non-ConformhW Use Appjkx tlon Pegs acts RevWW 91112004 DISCLOSURE NOTICE November 9, 2010 City Council Meeting Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to ,,he requested property use, including but not limited to the providers of architectural seivices, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Oke & Associates, Inc. kes, Bourdon, Ahem & Levy, P.C. I "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required 8lon the subject property at least 30 days prior to the scheduled public hearing ordina to the4nsbu0tRms-irt this pw*age. Applicant's Mark Cooke Print Name Property Owner's Signature (if different than applicant) Print Name Non-Omrom,ing Use Applicatim Peps 9 of 9 Revhsi9H12004 DISCLOSURE NOTICE November 9, 2010 City Council Meeting Page 13 1 A RESOLUTION AUTHORIZING THE 2 RECONSTRUCTION AND CONVERSION OF 3 A NONCONFORMING USE ON PROPERTY 4 LOCATED AT 6102 OCEANFRONT AVENUE 5 6 WHEREAS, Mark Cooke, (hereinafter the "Applicant") has made application to 7 the City Council for authorization to reconstruct and convert a nonconforming use 8 having the address of 6102 Oceanfront Avenue, in the R -5R Residential District, by 9 demolishing a garage apartment and reconstructing a single-family dwelling on the 10 parcel; and 11 12 WHEREAS, the garage apartment is nonconforming as it not a use allowed in the 13 R -5R Zoning District; and 14 15 WHEREAS, the garage apartment was constructed prior to the adoption of the 16 applicable regulations; and 17 18 WHEREAS, the nonconforming garage apartment will be demolished and the 19 garage apartment will be converted and reconstructed as a single-family dwelling, which 20 single-family dwelling is also not allowed in the R -5R Zoning District as there is already 21 a single-family dwelling on the parcel; and 22 23 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 24 reconstruction and conversion of a nonconforming use is unlawful in the absence of a 25 resolution of the City Council authorizing such action upon a finding that the proposed 26 use, as reconstructed and converted, will be equally appropriate or more appropriate to 27 the zoning district than is the existing use; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby finds that the proposed use, as reconstructed and 33 converted will be equally appropriate to the district as is the existing use under the 34 conditions of approval set forth hereinbelow. 35 36 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 37 BEACH, VIRGINIA: 38 39 That the reconstruction and conversion of the nonconforming use is hereby 40 authorized, upon the following conditions: 41 42 1. The location of the proposed dwelling shall substantially conform to the 43 submitted plan entitled "NON -CONFORMING USE EXHIBIT FOR 44 COOKE RESIDENCE #6102 OCEAN FRONT AVENUE, VIRGINIA 45 BEACH, VIRGINIA", dated August 8, 2010, prepared by wpl Landscape 46 Architecture Land Surveying Civil Engineering. Said plan has been 47 exhibited to the Virginia Beach City Council and is on file in the 48 Planning Department. 49 50 21.. The proposed dwelling shall be constructed substantially in accordance 51 with the submitted elevations building sections entitled "Cooke Beach 52 Cottage 6102 Ocean Front Avenue, Virginia Beach, VA, 23451", dated 53 6/8/10, prepared by Hopke & Associates, Inc., Architecture / Planning / 54 Interiors. Said elevations building sections have been exhibited to the 55 Virginia Beach City Council and are on file in the Planning Department. 56 57 3. Proposed building materials shall consist of hardi-plank siding and 58 cedar shake shingles. All windows shall be vinyl and railings shall be 59 vinyl wrapped. Roofing shingles shall be architectural grade quality. 60 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 63 of _, 2010. APPROVFD AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: artment Citi -Attorney's Office CA11742 R-1 October 29, 201 I) -51 - Item V -K 7. PLANNING ITEM# 58615 (Continued) 7. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One (1) sign shall be permitted to idents the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of March Two Thousand Nine Voting: 9-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, 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 ay. None Council Members Absent: William R. "Bill" DeSteph and Robert M. Dyer March 10, 2009 -50 - Item V -K. 7. PLANNING ITEM # 58615 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED an Ordinance upon application of PONTIA C ARMS APAR TMENTS, INC., for a Conditional Use Permit. re a commerci4d parking lot, 402 21" Street. ORDINANCE UPON APPLICATION OF PONTIAC ARMS APARTMENTS, INC., FOR A CONDITIONAL USE PERMIT, PARKING LOT, 402 21s*r STREET R030935324 BE IT HEREB:f ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PONTIAC ARMS APARTMENTS, INC., for a Conditional Use Permit, parking lot, 402 21s` Street. (GPIN.- 2427086210) DISTRICT 6 - BEACH The following conditions shall be required: 1. When the property is developed, the improvements shall be insubstantial conformance with the plan entitled, "Conceptual Site Plan 21' Street Parking Lot Pontiac Arms Apartments, Ing:. Virginia Beach, Virginia prepared by WPL Landscape Architects Land Surveyors Civil Engineers dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. Ifj`ence is installed, a non-opaque fence no taller than four (4) feet high and constructed of mcintenance free materials shall be provided around the perimeter of the parking lot with the exception of the gated ingress -egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0"x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shell be located no closer than eight (8) feet from the Arctic Avenue property line and fifteen (I.i) feet from the 20-Y Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as es,!ablished by City Council, for publicly owned parking lots within the Resort Area. 6. Type vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. March 10, 2009 as CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: PONTIAC ARMS APARTMENTS, INC., Modification of Conditional Use Permit, approved by City Council on March 10, 2009, 2016 Arctic Avenue (GPIN 2427086210). BEACH DISTRICT. MEETING DATE: November 9, 2010 ■ Background: The applicant requests a Modification to the Conditional Use Permit to allow an interim use of the site for an outdoor artist gallery promoting local artists and their work. The site is currently used as a commercial parking lot. The market will consist of stations distributed along the perimeter of the site providing space for 12 artists (vendors) to market their work. The applicant is proposing operation of the outdoor gallery on Saturday and Sunday from 9:00 a.m. until 5:00 p.m. from September through May. Some parking is available onsite. The applicant has discussed parking with the adjacent property owners who are to provide letters to allow overflow parking on their sites. In addition, there is public parking within close proximity of this venture. The Conditional Use Permit permitting a commercial parking lot was approved by the City Council on March 10, 2009. The Conditional Use Permit has nine conditions: 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Site Plan 21st Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. If fence is installed, a non-opaque fence no taller than four (4) feet high and constructed of maintenance -free materials shall be provided around the perimeter of the parking lot with the exception of the gated ingress -egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The Pontiac Arms Apartments, Inc. Page 2 of 4 attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and fifteen (15) feet from the 20 Y2 Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 6. The 'vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. The conditions for the commercial parking lot shall remain in place. Additional conditions are provided for the interim use of the outdoor artist gallery. ■ Considerations: The applicant's proposal for an outdoor artist gallery in an existing commercial parking lot complements the Comprehensive Plan's recommendations for this area, particularly the introduction of pedestrian activity in the area. This type of market will provide an additional amenity to the neighboring residents as well as an attraction for visitors. The conditions below will assure its compatibility with the surrounding area. Staffs suggestion that to prevent the proposed off-street parking area from dominating the site and to reinforce pedestrian circulation, the vendor kiosks should be relocated to the street frontage with off street parking located to the interior of the site and/or along the eastern edge of the parcel. The applicant has revised the conceptual site layout and it is provided in this report. Staff recommends approval of this requested modification as conditioned below. Pontiac Arms Apartments, Inc. Page 3of4 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 9-0, to recommend approval of this request to the City Council with the following conditions: When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Site Plan 21 st Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. If fence is installed, a non-opaque fence no taller than four (4) feet high and constructed of maintenance -free materials shall be provided around the perimeter of the parking lot with the exception of the gated ingress -egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and fifteen (15) feet from the 20 Y2 Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused Pontiac Arms Apartments, Inc. Page 4 of 4 away from adjoining property. Photometric plan to be submitted during site plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. Ore (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. 10.The activities of the outdoor artist gallery shall occur within the area of the parking lot as designated in the Conceptual Site Plan entitled "Old Beach Artist Gallery" prepared by WPL Landscape Architects Land Surveyors Civil Engineers darted July 26, 2010. 11. Operation of the outdoor gallery shall occur on Saturdays and Sundays between 9:00 a.m. until 5:00 p.m. from September through May. 12. Trash and recycling receptacles shall be located at the entrances to the outdoor gallery. The site shall be cleared of trash at the conclusion of each gallery day and all receptacles shall be removed and contents properly disposed of at the end of each day. 13. Parking for the outdoor gallery shall occur in the designated parking area as designated in the Conceptual Site Plan entitled "Old Beach Artist Gallery" prepared by WPL Landscape Architects Land Surveyors Civil Engineers daited July 26, 2010. 14.Tha Zoning Administrator shall review this Modification to the Use Permit on an annual basis to determine if there have been issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Modification of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended) Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager S k 6 October 13, 2010 Public Hearing APPLICANT/ PROPERTY OWNER: PONTIAC ARMS APARTMENTS, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Condition Use Permit, approved by City Council on March 10, 2009 for a commercial parking lot and outdoor artist market. ADDRESS / DESCRIPTION: 2016 Arctic Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 242708621000000 BEACH 12,000 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Modification to the Conditional Use Permit to allow an interim use of the site for an outdoor artist gallery promoting local artists and their work. The site is currently used as a commercial parking lot. The market will consist of stations distributed along the perimeter of the site providing space for 12 artists (vendors) to market their work. The applicant is proposing operation of the outdoor gallery on Saturday and Sunday from 9:00 a.m. until 5:00 p.m. from September through May. Some parking is available onsite. The applicant has discussed parking with the adjacent property owners who are to provide letters to allow overflow parking on their sites. In addition, there is public parking within close proximity of this venture. The Conditional Use Permit permitting a commercial parking lot was approved by the City Council on March 10, 2009. The Conditional Use Permit has nine conditions: Y >C'�Z.iA BI-.t�C PONTIAC ARMS APARTMENTS,JNC, �:;SAgenda IW- 6 r y 1. When the property is developed, the improvements shall be in substantial conformance with the plan untitled, "Conceptual Site Plan 21 st Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers dated October 28, 2008, which has been exhibited to the City Council and is on file in the Depaitment of Planning. 2. If fence is installed, a non-opaque fence no taller than four (4) feet high and constructed of maintenance -free materials shall be provided around the perimeter of the parking lot with the exception of the gated ingress -egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan fir approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and fifteen (15) feet from the 20-% Streei property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23- 58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the: parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare :shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. The conditions for the commercial parking lot shall remain in place. Additional conditions are provided for the interim use; of the outdoor artist gallery. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Commercial parking lot PONTIAC ARMS AP. Agenda -2 J SURROUNDING LAND North: . 21st Street USE AND ZONING: . Multi -family dwellings / A-36 Apartment District South: • Alley • Parking, lodge / RT -3 Resort Tourist District East: . Arctic Avenue • Retail / RT -3 Resort Tourist District West: . Single-family dwelling and hotel / RT -3 Resort Tourist District NATURAL RESOURCE AND The majority of the site is developed as a paved parking lot. There are CULTURAL FEATURES: no known significant environmental or cultural features associated with this site as it is almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts are needed to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28 Policy Document). The Resort Area Strategic Action Plan, adopted as part of the Comprehensive Plan, identifies pedestrian scaled mixed-use for this site. The Plan also acknowledges a traffic and parking management plan, which calls for a centralized and shared parking strategy that reduces surface parking and concentrates traffic flow and maximizes traffic management (p. 2-31). While pedestrian -scaled mixed use has not been proposed for the site, an outdoor vendor market would introduce more pedestrian activity to Arctic Avenue and the cross streets. The proposed use furthers the plan's goals of encouraging activities that develop synergies between the cultural and commercial life, and of drawing residents and visitors to the area. It also complements the Plan's desire to enhance the pedestrian experience (p. 2-28). The Comprehensive Plan Reference Handbook states that development proposals in the Urban Areas should comply with 'Special Area Development Guidelines'. Parking areas should not dominate the frontage of streets. Off street parking areas should be located behind buildings or in the -interior of a block whenever possible (p. B-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to the site is from Arctic Avenue, which is a two lane minor urban arterial with a sixty -foot right-of-way width. There is currently no Capital Improvement Plan (CIP) project scheduled for this segment of Arctic Avenue. 215t Streel in the vicinity of this site is a four lane, one-way, minor urban arterial. 2151 Street has an eighty -foot right-of-way width. It is shown on the City's Master Transportation Plan as having an ultimate right-of-way width of seventy feet, but there are currently no CIP projects scheduled for this segment of 21st Street. PONTIAC ARMS AP. k ,mgenda It 0 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume 215 Street 11,800 ADT 14,800 ADT (Level of Existing Land Use — (2010) Service "C") Not available 22,800 ADT' (Level of Proposed Land Use 3— Service "D") - Capacity 53 ADT, 3 peak hour 27,400 ADT' (Level of Service "E" Arctic Avenue 4,100 ADT 7,300 ADT (Level of (2010) Service "C") 10,700 ADT' (Level of Service "D") - Capacity 13,100 ADT' (Level of Service "E" Average Daily Trips i based on a use as a 23 -space parking lot Sas defined by 1,200 SFspecialty retail no trip generation for proposed outdoor market An outdoor market's trip generation rate has not been made available in any of the published ITE Trip Generation manuals to date. The 53 forecasted daily trips based on a "Specialty Retail" land use are given as an approximation of daily trips on a typical Saturday, but this land use type has only been used due to the lack of availability of a more appropriate trip generation rate. The proposed outdoor gallery use for this site should not negatively impact the surrounding roadway network in any significant fashion. Traffic Engineering feels that a significant percentage of trips may be pedestrian in nature due to the site's location and lack of on-site parking availability. Furthermore, the relatively low number of vendors' stalls available is not likely to draw a substantial number of new vehicle trips to the site and surrounding area, but would likely attract customers due to passer-by trips. WATER: This site is connected to City water and sewer systems. FIRE: No Fire Department comments at this time. PERMITS and INSPECTIONS: Requirements as defined by the Virginia USBC and the International Building Code. • If flame spread information does not exist for the fabric of the tenants' tents, grouping of tents cannot exceed 900 square feet. • Each group of tents shall have a minimum of 20 feet separation distance between them in order to comply with requirements of Section 2403 of the International Fire Code. • Any modification to the existing electrical service shall require proper permits prior to gallery operation. • The use of extension cords for any tenant needing electrical power shall be approved by the Fire Depa1ment per Section 605 of the International Fire Code. • Minimum restroom fixture requirements would permit separate sexed, ADA -compliant portable restrcoms to be used for the period of this outdoor gallery. HEALTH DEPARTMENT: Coordinate outdoor gallery activities with Virginia Department of Agriculture and Consumer Services prior to gallery opening. PONTIAC ARMS AP Agenda 1 6 Rae 4 ^ i +r` ,, b EVALUATION AND RECOMMENDATION The applicant's proposal for an outdoor artist gallery in an existing commercial parking lot complements the Comprehensive Plan's recommendations for this area, particularly the introduction of pedestrian activity in the area. This type of market will provide an additional amenity to the neighboring residents as well as an attraction for visitors. The conditions below will assure its compatibility with the surrounding area. Staffs suggestion that to prevent the proposed offstreet parking area from dominating the site and to reinforce pedestrian circulation, the vendor kiosks should be relocated to the street frontage with off street parking located to the interior of the site and/or along the eastern edge of the parcel. The applicant has revised the conceptual site layout and it is provided in this report. Staff recommends approval of this requested modification as conditioned below. CONDITIONS 1. When the property is developed, the improvements shall be insubstantial conformance with the plan entitled, "Conceptual Site Plan 21st Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. If fence is installed, a non-opaque fence no taller than four (4) feet high and constructed of maintenance -free materials shall be provided around the perimeter of the parking lot with the exception of the gated ingress -egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and fifteen (15) feet from the 20-%z Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. PONTIAC ARMS AP 77 p s_.r, ... t� ;JMENTS,IC ,_';_ 4 Agencia it 6 y 7. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be subm itted during site plan review. 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One 11) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. 10. The activities of the outdoor artist gallery shall occur within the area of the parking lot as designated in the Conceptual Site Plan entitled "Old Beach Artist Gallery" prepared by WPL Landscape Architects Land Surveyors Civil Engineers darted July 26, 2010. 11. Operation of the outdoor gallery shall occur on Saturdays and Sundays between 9:00 a.m. until 5:00 p.m.1'rom September through May. 12. Trash and recycling receptacles shall be located at the entrances to the outdoor gallery. The site shall be cleared of trash at the conclusion of each gallery day and all receptacles shall be removed and contents properly disposed of at the end of each day. 13. Parki ng for the outdoor gallery shall occur in the designated parking area as designated in the Conceptual Site Plan entitled "Old Beach Artist Gallery" prepared by WPL Landscape Architects Land Surveyors Civil Engineers darted July 26, 2010. 14. The ironing Administrator shall review this Modification to the Use Permit on an annual basis to determine if there have been issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Modification of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. 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, includfng 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, ere 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 i5or crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PONTIAC ARMS AP 4ENTS, C. 3enda Jt 6 2nd street ;s Beet e ��VY Sk o _ �•; E 9nx9AV 3 1 1 N d i N Y y F PROPOSED SITEl4rt n „ PONTIAC ARMS AP PHOTOGRAPH OF PARKING LOT (across 21st= PONTIAC ARMS AP tre�t�` ITS, JNC. Agenda atn 6 P e11'9 wm&� � % Q DISCLOSURE STATEMENT APPLICANT DISCLOSURE if the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. 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 entityz relationship with the applicant (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 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? Mown of conditions Applicalm Page 10 or 11 Revised 7rM7 PONTIAC ARMS AP DIS('OLOSURE 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 fist if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one oorporaton 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- subsidiaiy relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (n) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for 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 undersigrrsd also tort to en upon the subject property by employees the Department of Planniirlq 0 photograp view IJ�site for purposes of processing and evaluating this application. S&ti J: - Print Name — I Property Cwne?s Signature (if different than applicant) Print Name AbdfflsWM of ("onions Ap Warm Page 11 of 11 Revised 7/WM 7 PONTIAC ARMS AP Item #6 Pontiac Arms Apartments, Inc. Modification of a Conditional Use Permit 2016 Arctic Avenue District 6 Beach October 13, 2010 An application of Pontiac Arms Apartments, inc. for a Modification of a Conditional Use Permit approved by City Council on March 10, 2009 for a commercial parking lot and outdoor artist market. G P I N : 242708621000000 CONSENT CONDITIONS 1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, "Conceptual Site Plan 21st Street Parking Lot Pontiac Arms Apartments, Inc. Virginia Beach, Virginia" prepared by WPL Landscape Architects Land Surveyors Civil Engineers dated October 28, 2008, which has been exhibited to the City Council and is on file in the Department of Planning. 2. If fence is installed, a non-opaque fence no taller than four (4) feet high and constructed of maintenance - free materials shall be provided around the perimeter of the parking lot with the exception of the gated ingress -egress. Landscaping shall be included outside of the fence as required in the City's Parking Lot Landscaping Specifications and Standards. Said fence and gate shall not be chain-link or wood split -rail. Detail of the fence shall be submitted with the final site plan for approval. 3. The attendant kiosk shall be similar in design to the photograph of the 4'-0" x 6'-0" aluminum and glass Ramsey building provided within the staff report. The attendant kiosk shall be located no closer than eight (8) feet from the Arctic Avenue property line and fifteen (15) feet from the 20-Y: Street property line. 4. The gate shall be similar in design to the photograph provided within the staff report. The gate shall consist of materials that are generally recognized as maintenance -free. A detail of the gate shall be submitted with the final site plan for approval. 5. The parking lot shall be developed and operated in accordance with the provisions of Section 23-58 of the City Code, which regulates Commercial Parking Lots. Moreover, the hours of operation for the parking lot shall be identical to the hours of the City's parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. Photometric plan to be submitted during site plan review. Item #6 Pontiac Arms Apartments, Inc. Page 2 8. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 9. One (1) sign shall be permitted to identify the parking lot. Said sign shall comply with all requirements for commercial parking lot signs as outlined in Section 23.58 of the City Code. 10. The activities of the outdoor artist gallery shall occur within the area of the parking lot as designated in the Conceptual Site Plan entitled "Old Beach Artist Gallery" prepared by WPL Landscape Architects Land Surveyors Civil Engineers darted July 26, 2010. 11. Operation of the outdoor gallery shall occur on Saturdays and Sundays between 9:00 a.m. until 5:00 p.m. from September through May. 12. Trash and recycling receptacles shall be located at the entrances to the outdoor gallery. The site shall be cleared of tras h at the conclusion of each gallery day and all receptacles shall be removed and contents properly disposed of at the end of each day. 13. Parking for the outdoor gallery shall occur in the designated parking area as designated in the Conceptual Site Plan entitled "Old Beach Artist Gallery" prepared by WPL Landscape Architects Land Surveyors Civil Engineers darted July 26, 2010. 14. The Zoning Administrator shall review this Modification to the Use Permit on an annual basis to determine if there have been issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Modification of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any situ plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before! any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND ABSENT Item #6 Pontiac Arms Apartments, Inc. Page 3 RIPLEY AYE RUSSO AYE STRANGE AYE Billy Garrington appeared on behalf of the applicant. There was no opposition present. TAM LU z CIq3 ti IrA. LU " C� CL 4p ;z TAM LU z CIq3 ti IrA. LU " co CL 4p ;z C14 a 0 CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: WELLINGTON FARM, LLC/DAVID REED & TAUNIA REED, Modification of Conditions, 3125 Hungarian Road (GPIN 1388743606; 1388841368) PRINCESS ANNE DISTRICT. MEETING DATE: November 9, 2010 ■ Background: The Conditional Use Permit permitting boarding and training horses was approved by the City Council on December 11, 2007. The applicant proposes to modify Condition 3 and eliminate Condition 4 of the Conditional Use Permit. Condition 3 limits the number of fundraising events on the site to no more than six times a year. The applicant proposes to eliminate that condition and replace it with "The Property shall not be used for events which would include public assembly." Condition 4 requires that all parking for attendees of the fundraising events must be met on the site. As there will no longer be any fundraising events on the site there is no longer any need for parking for the attendees. The Conditional Use Permit has four conditions: 1. The applicant shall have six (6) months from the date of City Council's action to obtain approval from the Permits and Inspections Division of the Planning Department and the Health Department for the required sewage disposal system and water supply well for the barn operation. If determined necessary by the Building Official, the Building Official may grant one (1) extension of six (6) months for the applicant to obtain said approval. Failure to obtain the required approvals shall result in action by the Zoning Administrator to pursue revocation of the Conditional Use Permit. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department for the boarding barn and the indoor arena. Any special requirements with regard to the fundraising events shall also be met. The applicant shall obtain a Certificate of Occupancy from the Building Official for the boarding barn and the indoor arena. 3. Fundraising events shall be limited to six (6) times a year. 4. All parking for the attendees of the fundraising events shall be met on site. Wellington Farm, LLC Page 2 of 2 ■ Considerations: Staff recommends approval of this requested modification, as conditioned below. The applicant is requesting the modification to Conditions 3 and 4 because they could not provide the necessary safety improvements as required by the Uniform Statewide Building Code. Therefore they are unable to host fundraising events on the site. 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 9-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Numbers 3 and 4 attached to the Conditional Use Permit granted by the City Council on December 11, 2007 remain in effect. 2. Condition Number 3 of the December 11, 2007 Conditional Use Permit is deleted and replaced with the following: The Property shall not be used for events which would include public assembly. 3. Condition Number 4 of the December 11, 2007 Conditional Use Permit is deleted. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager -R !�, . 'O�-;AL Map G22 ,::=., �A4�h"ur M AWMcadon of Condidons G LLC N AGI i2i —i--.1 L.-: 7 October 13, 2010 Public Hearing APPLICANT: WELLINGTON FARM, LLC PROPERTY OWNER: DAVID REED & TAUNIA REED STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit for boarding and training horses— approved by the City Council on December 11, 2007 ADDRESS / DESCRIPTION: 3125 Hungarian Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 13887436060000; PRINCESS ANNE 75.54 acres Less than 65 dB DNL 13888413680000 SUMMARY OF REQUEST The Conditional Use Permit permitting boarding and training horses was approved by the City Council on December 11, 2007. The applicant proposes to modify Condition 3 and eliminate Condition 4 of the Conditional Use Permit. Condition 3 limits the number of fundraising events on the site to no more than six times a year. The applicant proposes to eliminate that condition and replace it with "The Property shall not be used for events which would include public assembly." Condition 4 requires that all parking for attendees of the fundraising events must be met on the site. As there will no longer be any fundraising events on the site there is no longer any need for parking for the attendees. The Conditional Use Permit has four conditions: 1. The applicant shall have six (6) months from the date of City Council's action to obtain approval from the Permits and Inspections Division of the Planning Department and the Health Department for the required sewage disposal system and water supply well for the barn operation. If WELLIN 704 FARK LC ,C ; ' _ `Agenda !t; 7 .'_ determined necessary by the Building Official, the Building Official may grant one (1) extension of six (6) months for the applicant to obtain said approval. Failure to obtain the required approvals shall result in action by the Zoning Administrator to pursue revocation of the Conditional Use Permit. 2. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department for the boarding barn and the indoor arena. Any special requirements with regard to the fundraising events shall also be met. The applicant shall obtain a Certificate of Occupancy from the Building Official for the boarding barn and the indoor arena. 3. Fundraising events shall be limited to six (6) times a year. 4. All parking for the attendees of the fundraising events shall be met on site. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling, farm outbuilding, boarding barn, outdoor and indoor riding arenas exist on the site. SURROUNDING LAND North: . Single-family dwellings and cultivated farm fields / AG -2 USE AND ZONING: Agricultural South: . Single-family dwellings and cultivated farm fields / AG -2 Agricultural East: . Single-family dwellings and cultivated farm fields / AG -2 Agricultural West: . Single-family dwellings and cultivated farm fields / AG -2 Agricultural NATURAL RESOURCE AND The site is comprised of Arcedale soil, which is poorly drained. The site CULTURAL FEATURES: is nearly level and consists of paddock areas for the horses. COMPREHENSIVE PLAN: The Comprehensive Plan recognizes this site to be within the "Rural Area". The physical character of this area is low, flet land with wide floodplains and altered drainage. It contains working farms, farm related businesses, limited non-residential areas along with some scattered housing sites. There is a significant presence of existing agricultural and other rural -based economic activities in this part of Virginia Beach. This presence is reflected in the diversity of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important. City Services are not affected by the request. CITY SERVICES WELLINGT�NTARM}� LC ' _Benda l 7 EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. The applicant is requesting the modification to Conditions 3 and 4 because they could not provide the necessary safety improvements as required by the Uniform Statewide Building Code. Therefore they are unable to host fundraising events on the site. CONDITIONS 1. All conditions with the exception of Numbers 3 and 4 attached to the Conditional Use Permit granted by the City Council on December 11, 2007 remain in effect. 2. Condition Number 3 of the December 11, 2007 Conditional Use Permit is deleted and replaced with the following: The Property shall not be used for events which would include public assembly. 3. Condition Number 4 of the December 11, 2007 Conditional Use Permit is deleted. 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. Y �L�tiiP. $F,sgC�. WELLINGTPN FARM,Y , LC fy"� `agenda It • ' . -7 AERIAL OF SITE LOCATION WELLING # DATE REQUEST APPLICANT ACTION 1 12/11/07 Conditional Use Permit (horse boarding and training) Wellington Farm, LLC Approved ZONING HIS WELLING ST, Y „ t 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 Bst ff necessary) VMHngton Farm, LLC - David Reed, Member d Taunle Reed Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach fist if necessary) WA ❑ Check here if the applicant Is NOT a corporation, partnership, firth, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ff property owner is dffferant from applicant. If the property owner Is a corporation, partnership, firth, 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) David Read b Taunia Read, IndiWdusly 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) WA ® Check here if the property owner Is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No X If yes, what is the name of the official or employee and the nature of their interest? ModitWon d Cwx1W M AppPMan vasa to d t+ R#VbW 7AW WELLIN N'FARM, LC u Agenda !t , 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested properly use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list H necessary) Midgette & Associates. Inc.; LeClairRyan; Classic Constriction 1 'Parent -subsidiary relationship' means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. '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, pi) a controlling owner in one antic+ Is also a controlling owner in the other entity, or 011) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an afiiflated 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: 1 certify that the information contained herein is true end accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for Public hearing, l am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions In this package. The undersigned also consents to entry upon the subject property by employees of the Deparbrnent of Planning to photograph and view, the site for purposes of processing and evaluating this application. Wellington Fa , LLC David Reed & Tounia Reed, Members AppficanPa orgarePrint Name — Davi! Reed & Taunle Reed, Individually Properly Owner's Signature (if different than applicant) Print Name MOMIM on of CM010 a Apprnaon Pps 11 of 11 Rft4W 70M WELLINGTON FARM f LC s } 1 agenda It 7. I Item #7 Wellington Farm, L.L.C. Modification of Conditional Use Permit 3125 Hungarian Read District 7 Princess Anne October 13, 2010 CONSENT An application of Wellington Farms, L.L.C. for a Modification of a Conditional Use Permit for boarding and training horses approved by City Council on December 11, 2007. GPIN 13887436060000; 13888413680000 CONDITIONS 1. All conditions with the exception of Numbers 3 and 4 attached to the Conditional Use Permit granted by the City Council on December 11, 2007 remain in effect. 2. Condition Number 3 of the December 11, 2007 Conditional Use Permit is deleted and replaced with the following: The Property shall not be used for events which would include public assembly. 3. Condition Number 4 of the December 11, 2007 Conditional Use Permit is deleted. 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 ads ninistered 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. Steve Romine appeared on behalf of the applicant. There was no opposition present. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND ABSENT RIPLEY AYE RUSSO AYE STRANGE AYE Steve Romine appeared on behalf of the applicant. There was no opposition present. 1 CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: COMMONWEALTH VIRGINIA BEACH, L.L.C., Change of Zoning District Classification, B-2 Community Business District to Conditional 0-2 Office District, 445 Kings Grant Road (GPIN 1497074064). LYNNHAVEN DISTRICT. Comprehensive Plan — Suburban Area. COMMONWEALTH VIRGINIA BEACH, L.L.C., Conditional Use Permit, facility for disabled (sanatorium), 445 Kings Grant Road (GPIN 1497074064). LYNNHAVEN DISTRICT. MEETING DATE: November 9, 2010 ■ Background: The applicant proposes to rezone the existing B-2 Community Business District property to a Conditional 0-2 Office District and incorporate the site into the property to the west, Kings Grant House. It is the desire of the applicant to construct and operate, in conjunction with Kings Grant House, a memory center. The center will be attached to the existing Kings Grant House facility. It will have 18 -rooms. All rooms for memory patients will be located on the first floor of the facility. The facility will operate 24 -hours a day and employ 12 people. The submitted rezoning exhibit depicts a proposed two-story building of 10,161 square feet to be attached to the existing Kings Grant House. The proposed building is positioned 80 -feet from the front property line, five -feet from both side property lines, and crosses the rear property line. Additionally the proposed building exceeds the permitted lot coverage for the 0-2 Office District. As the proposed building does not meet the required side yard setbacks and exceeds the permitted lot coverage a variance to the required setbacks and proposed lot coverage is required from the Board of Zoning Appeals. Six parking spaces are depicted on the southern side of the site. The submitted elevations depict that the proposed addition is similar in design to the existing Kings Grant House to the west of the site. The applicant states that the exterior building material will be Hardi-plank siding and brick. This request is in conjunction with Modification of Conditions requests by Item Integrated Living Communities of Virginia Beach (Kings Grant House) and Saint Aidan's Episcopal Church. Integrated Living Communities of Virginia, Kings Grant House, is requesting a Modification of Conditions to their existing Commonwealth Virginia Beach, LLC Page 2of4 Conditional Use Permit to allow additions to the building and the connection of this project to their operation. The proposed additions, in conjunction with this request, will provide 25 memory center beds and 50 assisted living beds. Saint Aidan's Episcopal Church is requesting a Modification of Conditions to their existing Conditional Use Permit to allow the construction of a parking lot on the southwest side of their property that will be shared by the Church and Kings Grant Huse. ■ Considerations: Staff recommends approval of the requests for a Conditional Change of Zoning from B-2 Business to 0-2 Office and a Conditional Use Permit for Housing for a Disabled, a Sanatorium, subject to the proffers and conditions listed below. The requests comply with the Comprehensive Plan recommendations for the suburban residential area. The Plan policies call for supporting housing arrangements for individuals and groups with special needs including those with physical and mental disabilities. This also includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted living and nursing facilities. The Kings Grant House, adjacent to the site, has been operating since 1991 as an assisted living facility. The proposed use complements the adjacent operation and is not a detriment to the surrounding uses. The applicant met with the Senior Housing Review Committee and received favorable comments. Therefore staff recommends approval of the requests subject to the proffers and conditions listed below. 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 9-0, to recommend approval of this request to the City Council with the following proffers and conditions: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the propeMf as proposed with this change of zoning. PROFFER 1: The Prcperty shall be developed substantially in accordance with the "REZONING EXHIBIT FOR PROPOSED MEMORY CENTER WING OF KING'S GRANT HOUSE", dated 1/31/10, prepared by Hoggard-Eure Associates, P.C., Commonwealth Virginia Beach, LLC Page 3 of 4 which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: The architectural design and exterior building materials of the building depicted on the Concept Plan shall be substantially as depicted and described on the "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments, to meet all applicable City Code requirements. CONDTIONS OF THE CONDITIONAL USE PERMIT: 1. The site shall be developed substantially in accordance with the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, unless the applicant is unable to obtain variances for the required setbacks and permitted lot coverage. If the applicant is unable to obtain the required variances the building shall be redesigned to adhere to the required setbacks and permitted lot coverage. 2. The proposed building and attachment to the Kings Grant House shall substantially conform to the submitted elevations entitled "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall prepare and record a parking agreement with Saint Aidan's Episcopal Church for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. 4. The applicant shall provide Category I landscaping along the northern and southern walls of the building. 5. All parking for staff and visitors shall be met on the site and adjacent sites, Kings Grant House and Saint Aidan's Episcopal Church. There shall be no staff and visitor parking on the rights -of -ways. Commonwealth Virginia Beach, LLC Page 4of4 6. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed memory center. ■ Attachnnents: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager REQUEST: Conditional Change of Zoning (B-2 Business to 0-2 Office) Conditional Use Permit (Housing for Disabled - Sanatorium) 9 & 70 October 13, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: COMMONWEALTH VIRGINIA BEACH LLC STAFF PLANNER: Faith Christie ADDRESS / DESCRIPTION: The west side of Kings Grant Road, south of 445 Kings Grant Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14970740640000 LYNNHAVEN 10,967 SQUARE 65-70 dB DNL FEET Sub -Area 3 SUMMARY OF REQUEST The applicant proposes to rezone the existing B-2 Community Business District property to a Conditional 0-2 Office District and incorporate the site into the property to the west, Kings Grant House. It is the desire of the applicant to construct and operate, in conjunction with Kings Grant House, a memory center. The center will be attached to the existing Kings Grant House facility. It will have 18 -rooms. All rooms for memory patients will be located on the first floor of the facility. The facility will operate 24 -hours a day and employ 12 people. The submitted rezoning exhibit depicts a proposed two-story building of 10,161 square feet to be attached to the existing Kings Grant House. The proposed building is positioned 80 -feet from the front property line, five -feet from both side property lines, and crosses the rear property line. Additionally the proposed building exceeds the permitted lot coverage for the 0-2 Office District. As the proposed building does not meet the required side yard setbacks and exceeds the permitted lot coverage a variance to the required setbacks and proposed lot coverage is required from the Board of Zoning Appeals. Six parking spaces are depicted on the southern side of the site. Commonwealth Virginia Beach LLC Agenda Items 9 &-10 Page 1 The submitted elevations depict that the proposed addition is similar in design to the existing Kings Grant House to the west of the site. The applicant states that the exterior building material will be hardi-plank siding and brick. This reques': is in conjunction with Modification of Conditions requests by Item 11, Integrated Living Communities of Virginia Beach (Kings Grant House) and Item 12, Saint Aidan's Episcopal Church on this agenda. Integrated Living Communities of Virginia, Kings Grant House, is requesting a Modification of Conditions t:) their existing Conditional Use Permit to allow additions to the building and the connection of this project to their operation. The proposed additions, in conjunction with this request, will provide 25 memory center beds and 50 assisted living beds. Saint Aidan's Episcopal Church is requesting a Modification of Conditions to their existing Conditional Use Permit to allow the construction of a parking lot on the sc uthwest side of their property that will be shared by the Church and Kings Grant House. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Virginia Beach Education Association office building / B-2 USE AND ZONING: Community Business South: . 7/11 retail store / B-2 Community Business East: . Kings Grant Road • Across Kings Grant Road is the Prince of Peace Lutheran Church / R-10 Residential West: . Kings Grant House (nursing home and assisted living) / 0-2 Office NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the Suburban Area. The General Planning Principles for the Suburban Area include preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires promoting compatibility with surroundings, quality of site and buildings, attractiveness of site and buildings, improved mobility, environmental responsibility, livability and buffering between non-residential and residential development with respect to the type, size and intensity of the proposed us,e and relationship to the surrounding uses (pages 3-1 through 3-3). The Plan's Housing and Neighborhood Plan guiding planning principles stress the need to provide diversity and choice of new housing that has quality and energy efficiency design. The planning principles include policies that call for supporting housing arrangements for individuals and groups with special needs including those with physical and mental disabilities. This includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted living and nursing faculties. (Pages 8-9) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kings Grant Road and North Lynnhaven Road are both two-lane collector streets. North Lynnhaven Road is shown in the 2004 Master Transportation Plan Map as an undivided roadway with a bikeway in a 70 -foot right- of-way. There are no Capital Improvement Projects near the sites. The entrance shown on Kings Grant Road in the exhibit does not meet the Public Works Standards requirements for commercial entrance geometry with regard to entrance width or throat length. Traffic Engineering reserves the right to provide detailed comments during the site plan review process. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic North Lynnhaven 3,900 ADT 9,900 ADT Existing Land Use 2 -160' - Road ADT(16 pm peak hour trips) Kings Grant Road Unknown 9,900 ADT' Proposed Land Use 3— 200 ADT (29 pm peak hour trips) Average Daily Trips ' as defined by a 3,400 square foot office building and 46 -bed assisted living facility 3 as defined by a 75 -bed assisted living facility_ WATER: The existing 1.5 -inch water meter on site may be used or upgraded to accommodate the proposed development. There is a 20 -inch City water main in North Lynnhaven Road and an eight -inch City water line in Kings Grant Road. SEWER: The applicant shall provide analysis of Pump Station #244 and the sanitary sewer collection system to ensure future flows can be accommodated. There is a 10 -inch City gravity sanitary sewer main in North Lynnhaven Road. There is an eight -inch City gravity sanitary sewer main and a 10 -inch City force main in Kings Grant Road. DEVELOPMENT SERVICES CENTER: 1. Storm water quality and quantity shall be addressed during detailed site plan review. 2. A hydrology study will be required to establish any onsite and downstream drainage requirements and easements. 3. The property line between the sites shall be vacated. Therefore, a re -subdivision plat shall be required to be Commonwealth Virginia Beach, LC Agenda Items 9:8 10 Pa je_ 3 submitted, reviewed and approved during detailed site plan review. EVALUATION AND RECOMMENDATION Staff recommends approval of the requests for a Conditional Change of Zoning from B-2 Business to 0-2 Office and a Conditional Use Permit for Housing for a Disabled, a Sanatorium, subject to the proffers and conditions listed below. The requests comply with the Comprehensive Plan recommendations for the suburban residential area. The Plan policies call for supporting housing arrangements for individuals and groups with special needs including those with physical and mental disabilities. This also includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted living and nursing facilities. The Kings Grant House, adjacent to the site, has been operating since 1991 as an assisted living facility. The proposed use complements the adjacent operation and is not a detriment to the surrounding uses. The applicant met with the Senior Housing Review Committee and received favorable comments. Therefore staff recommends approval of the requests subject to the proffers and conditions listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be developed substantially in accordance with the "REZONING EXHIBIT FOR PROPOSED MEMORY CENTER WING OF KING'S GRANT HOUSE", dated 1/31/10, prepared by Hoggard-Eire Associates, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: The architectural design and exterior building materials of the building depicted on the Concept Plan shall be substantially as depicted and described on the "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments, to meet all applicable City Code requiremerts. Commonwealth Virginia Beach LLC Agenda Items 9:4.10 Page_ 4 STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 1, 2010, and found it to be legally sufficient and in acceptable legal form. CONDITIONS The site shall be developed substantially in accordance with the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, unless the applicant is unable to obtain variances for the required setbacks and permitted lot coverage. If the applicant is unable to obtain the required variances the building shall be redesigned to adhere to the required setbacks and permitted lot coverage. 2. The proposed building and attachment to the Kings Grant House shall substantially conform to the submitted elevations entitled "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall prepare and record a parking agreement with Saint Aidan's Episcopal Church for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. Deleted 5. The applicant shall provide Category I landscaping along the northern and southern walls of the building. 6. All parking for staff and visitors shall be met on the site and adjacent sites, Kings Grant House and Saint Aidan's Episcopal Church. There shall be no staff and visitor parking on the rights -of -ways. 7. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed memory center. Commonwealth Vir inia Beach;LC Agenda Items 9A 10 Page 5 } NOTE. Fun`her 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, incivding 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 or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Commonwealth Virginia Beach -LLC = y Agenda Items 9A 10 f Page 6 .f PROPOSED S|TEPLAN PROPOSED NORTH AND SOUTH BUILDING ELEVATIONS DID I FPL 4.8 M ED am ED PROPOSED NORTH AND SOUTH BUILDING ELEVATIONS PROPOSED EAST AND WEST BUILDING ELEVATIONS # DATE REQUEST ACTION 1 5/6/64 Use Permit (Church) Approved 11/17/75 Use Permit (Church) Approved 10/15/84 Use Permit (Church addition & alterations) Approved 3/25/97 Use Permit (Group home) Approved 4/13/99 Use Permit (Church additions & alterations) Approved 10/23/01 Use Permit Columbarium Approved 2 9/3/63 Rezoning (C-1-1 to C -G1) Approved 4/24/89 Use Permit (Gas station) Approved 6/5/07 Use Permit Minor automobile repairs) Approved 3 2/2/62 Use Permit (Church) Approved 4/24/07 Use Permit Columbarium Approved 4 6/21/76 Rezoning (R-6 to B-2) Approved 3/14/88 Rezoning (B-2 to 0-1) & Use Permit (Home for Approved thea ed DISCLOSURE STATEMENT APPLICANT DISCLOSURE If thu: 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) Corrmonweaith Virginia Beach, LLC: Richard Brewer, Managing Member 2. List all businesses that have a parent -subsidiary' or affiliated business enw nslationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other uninimrporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist if necessary) 2. L st all businesses that have a parent -subsidiary' or affiliated business entity2 rolationship with the applicant: (Attach list ff necessary) ❑ C heck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. see next page for footnotes CandMwai Rezoning Appbcabon Pie 114 12 RevmW 1 r� 112OO4 DISCLOSURE S � I � _ ATEMENT z C) POMM43 a Campo) O N 9 I-� O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Hoggard/Eure Associates 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according instruction is package. Com ac LC By: Richard Brewer, Managing Member Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name ComMi"l ApOeebon Pape 12 of 12 Reviled SM2004 DISCLOSURE STAWMENY. Commonwealth Virginia Beach.LLC Agenda Items 9:&-10 Pagi 13 qW qW DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Virginia Beach, LLC: Richard Brewer, Managing Member 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 CogDiete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unink*rporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, tristees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here it the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. r & -see next page for foofiotes Condon,IUse Pemilt App4 Pape 9 of 10 Revi"d 9IM2004 DISCLOSURE ST/TIENT Commonwealth Vir inia Beach �LC Agenda Items 9_ &._10 - ► Pag0 14 141W �i w O DISCLOSURE STATEMENT EMENT Palmist ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect Vto 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 f necessary) es, Bourdon, Ahem & Levy, P.C. HOggard/Eure Associates ► 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in Wone 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 W the use of the same offices or employees or otherwise share activities, resources or 4:,#p, personnel on a regular basis; or there is otherwise a Gose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z 0 V CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instru n this package. Comrron ve raitfo LLC Richard Brewer, Managing Member Print Name Property Owners Signature (if different than applicant) Print Name CwObnd Use Permit Apple im Pope 10 of 10 Revised 91112004 DISCLOSURE SEMEN r, Commonwealth Vir Ida Beach LC Agenda Items 9,1-10 Page 15 Item #9 & 10 Commonwealth Virginia Beach, L.L.C. Change of Zoning District Classification Conditional Use Permit 445 Kings Grant Road District 5 Lynnhaven October 13, 2010 CONSENT An application of Commonwealth Virginia Beach, L.L.C. for a Change of Zoning District from B-2 Community Business District to 0-2 Office District and a Conditional Use Permit for Housing for Disabled — Sanatorium on property located at 445 Kings Grant Road, District 5, Lynnhaven. GPIN: 14970740640000 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be developed substantially in accordance with the "REZONING EXHIBIT FOR PROPOSED MEMORY CENTER WING OF KING'S GRANT HOUSE", dated 1/31/10, prepared by Hoggard-Eure Associates, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: The architectural design and exterior building materials of the building depicted on the Concept Plan shall be substantially as depicted and described on the "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments, to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 1, 2010, and found it to be legally sufficient and in acceptable legal form. Item #9 & 10 Commonwealth Virginia Beach, L.L.C. Page 2 CONDITIONS The site shall be developed substantially in accordance with the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, unless the applicant is unable to obtain variances for the required setbacks and permitted lot coverage. If the applicant is unable to obtain the required variances the building shall be redesigned to adhere to the required setbacks and permitted lot coverage. 2. The proposed building and attachment to the Kings Grant House shall substantially conform to the submitted elevations entitled "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall prepare and record a parking agreement with Saint Aidan's Episcopal Church for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. 4. The PFOpeFty liRes sepaFatiRg the PaFeels shall be Varzated. A re-subd-WiSiOR plat shall be submitted Deleted S. The applicant shall provide Category I landscaping along the northern and southern walls of the building. 6. All parking for staff and visitors shall be met on the site and adjacent sites, Kings Grant House and Saint Aidan's Episcopal Church. There shall be no staff and visitor parking on the rights -of -ways. 7. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed memory center. 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 or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 8 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE FELTON AYE Item #9 & 10 Commonwealth Virginia Beach, L.L.C. Page 3 HENLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND ABSENT RIPLEY AYE RUSSO AYE STRANGE AYE Eddie Bourdon appeared on behalf of the applicant. There was no opposition present. In Reply Refer To Our File No. DF -7677 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: October 27, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Commonwealth Virginia Beach, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on November 9, 2010. 1 have reviewed the subject proffer agreement, dated February 1, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen COMMONWEALTH VIRGINIA BEACH, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of February, 201o. by and between COMMONWEALTH VIRGINIA BEACH, L.L.C., a Virginia limited liability company, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the LynnhE�ven District of the City of Virginia Beach, containing approximately 1o,967 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Commercial District to Conditional 0-2 Office District; and 'WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and 'WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1497-07-4o64 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Boulevard Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the 0-2 Office District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or UjiLpro ,quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. The Property shall be developed substantially in accordance with the "REZONING EXHIBIT FOR PROPOSED MEMORY CENTER WING OF KING'S GRANT HOUSE", dated 1/31/10, prepared by Hoggard-Eure Associates, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. The architectural design and exterior building materials of the building depicted on the Concept Plan shall be substantially as depicted and described on the "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). 3. Further conditions may be required by the Grantee during detailed Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments, to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue 2 in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Properly at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 1.3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instil uting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded 3 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Commonwea Virginia Beach, L.L.C., a Virgin; united bility c By: 7- Richard Brewer, Managing Member STATE OF VIRGIN \\ _ - �.�(1C��Dy��\� ,to -wit: CITY/COUNTYOF (SEAL) The foregoing instrument was acknowledged before me this ` *N day of Februar, , 201o, by Richard Brewer, Managing Member of Commonwealth Virginia Beach, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: tf)- \\ Notary Registration No.: 2_5Q) y UQ p 5 0. Notary Public ®Qat S LY Plib,�. ;5'P O Y n; COMMISSION ; ¢ C-) NJhSE3ER : Z .� O ,• 290466 �. � �'•..�'�vtkLTF16_ •`•• EXHIBIT CW LEGAL DESCRIPTION ALL that certain lot, piece or parcel of land situate in Lynnhaven Borough of the City of Virginia Beach, Virginia, and designated as Site 'T' on that certain plat entitled "Subdivision of Property of Kwik-Chek Realty Company, Inc., Virginia Beach, Virginia", dated September 21, 1970, made by Old Dominion Surveyors, and recorded in the Clerk's Office of the Circuit Court of the City aforesaid in Map Book 88, at Page 54, the property hereby conveyed being more particularly bounded and described as follows: BEGINNING at a point in the western line of Kings Grant Road in the dividing line between Site "X" and Site "Z" as shown on said plat, and running then along said dividing line South 72 deg. 14' 02" West 182.82 feet (erroneously given in deed as 62.38 feet) to a point; thence North 33 deg. 40' 02" West 62.38 feet to a point; thence North 72 deg. 14'36" East 200.94 feet to a point in the western line of Kings Grant Road; thence in a southerly direction along the arc of a curve to the right with a radius of 4000.00 feet an arc distance of 6o.00 feet to the point of beginning. GPIN: 1497-07-4o64 Conditional Rezone/Commonwealth Assisted Living/Proffer 0 -34 - Item III-F.2.n. PUBLIC HEARING PLANNING ITEM # 28995 (Continued) The following conditions shall be required: 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. Retention of as many existing on-site trees as possible. A detailed tree protection plan must be approved by the City Arborist prior to site plan approval. 3. Category IV screening, in accordance with the Draft Landscaping, Screening and Buffering Specifications and Standards, September 1987 shall be installed along the southern property line between the proposed nursing home and adjacent service station. 4. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed nursing home. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of MarcN Nineteen Hundred and Eighty-eight. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyers E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Councilwoman Parker ABSTAINED as she and her husband do business with one of the partners in this application. -33 - Item III-F.2.n. PULBIC HEARING PLANNING ITEM # 28995 Attorney R. J. Nitter, 2809 South Lynnhaven Road, Phone. 431-3100, represented the applicant and advised the application has been in the hone and assistant care facility business in excess of 20 years. Facilities are operated throughout the State of Virginia. Attorney Nutter recognized those in attendance in ;support of the application: Mary Ellen Cox, Gordon Morton and Jamie Chapman. Mary Ellen Cox, 114C, Little Neck Road, registered but did not speak. Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council ADOPTED Ordinances upon application of RETIREMENT HOME OF VIRGINIA BEACH for a Change of Zoning and. Conditional Use Permit: ORDINANCE UPON APPLICATION OF RETIREMENT HOME OF VIRIGNIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO 0-1 Z03881199 BE IT HEREBY ORDAINEID BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH AND, Ordinance upon application of Retirement Home of Virginia Beach for a Change of Zoning District Classification from B-2 Community Business District to 0-1 Office District on certain property located on the east side of North Lynnhaven Road, 310 feet more or less south of Edinburgh Drive. Said parcel contains 42,035.40 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. ORDINANCE UPON APPLICATION OF RETIP.EMENT H0I4E OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE AGED/NURSING HOME R03881125 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Retirement Home of Virginia Beach for a Conditional Use Permit for a home for the aged/nursing home on certain property located on the east side of North Lynnhaven Road, 310 fee,; more or less south of Edinburgh Drive. Said parcel contains 42,035.40 square feet. Plats with core detailed information are available in the Department of Planning. LYNINHAVEN BOROUGH. s CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: INTEGRATED LIVING COMMUNITIES OF VIRGINIA BEACH, LLC A/K/A KINGS GRANT HOUSE, Modification of Conditional Use Permit, approved by City Council on March 14, 1988, 440 North Lynnhaven Road (GPIN 1497072012). LYNNHAVEN DISTRICT. MEETING DATE: November 9, 2010 ■ Background: The Conditional Rezoning from B-2 Community District to 0-1 Office District, now 0-2 Office District, was approved by the City Council on March 14, 1988. The Rezoning has four conditions: 1. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. Retention of as many existing on-site tress as possible. A detailed tree protection plan must be approved by the City Arborist prior to site plan approval. 3. Category IV screening, in accordance with the Draft Landscaping, Screening and Buffering Specifications and Standards, September 1987, shall be installed along the southern property line between the proposed nursing home and adjacent service station. 4. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed nursing home. A Conditional Use Permit for a home for the aged / nursing home was also approved by the City Council on March 14, 1988 and has the same conditions. The applicant is requesting a modification to the conditional use permit because the corporation has purchased additional property to the east this site and is planning to expand the facility. This request is in conjunction with requests by Commonwealth Virginia Beach LLC, for a Conditional Change of Zoning from B-2 Business to 0-2 Office and a Conditional Use Permit for Housing for a Disabled, a Sanatorium, and Saint Aidan's Episcopal Church for a Modification of Conditions. Commonwealth Virginia Beach LLC is requesting a conditional rezoning and conditional use permit to develop the site east of this operation with a two-story building and associated parking. The proposed building will be connected to this building. The Integrated Living Communities of Virginia Beach, LLC AKA Kings Grant House Page 2of4 proposed additions, in conjunction with this request, will provide 25 memory center beds and 50 assisted living beds. Saint Aidan's Episcopal Church is requesting a Modification of Conditions to their existing Conditional Use Permit to allow the construction of a parking lot on the southwest side of their property that will be shared by the Church and Kings Grant House. The rezoning exhibit depicts an addition to the building along the eastern side of the site. A courtyard is also depicted in the middle of the complex. When this site was developed it was zoned 0-1 Office District. The required setbacks for the 0- 1 District were 25 -foot for the front line and ten -feet on the sides and rear lines. As part of the comprehensive update to the City Zoning Ordinance in 1988 all properties that were zoned 0-1 Office was converted to 0-2 Office. The setbacks for the 0-2 Office District are 35 -feet for the front yard and 20 -feet for the side and rear yards. Consequently the existing building is non -conforming with regard to the required setbacks. The proposed addition does not meet the required setbacks and will require a variance from the Board of Zoning Appeal. Additionally the existing building and proposed addition exceed the permitted lot coverage and will also require a variance. Eleven parking spaces are depicted on the northwestern side of the site. Once the proposed additions to this site and the site to the east are complete Kings Grant House will provide 25 memory center beds and 50 assisted living beds. This will require 33 parking spaces. This site has 11 parking spaces and the proposed development to the east will provide six additional spaces. The total parking to be provided on site will be 17 spaces. The applicant has entered into an agreement to develop 19 additional spaces on Saint Aidan's Episcopal Church property to the north. The parking lot will be shared by both entities. However a variance to the required parking on the site is also required. The elevations depict the addition is similar in design to the existing Kings Grant House to the south of the site. The applicant states that the exterior building material will be Hardi-plank siding and brick. ■ Considorations: The requests comply with the Comprehensive Plan recommendations for the suburban' residential area. The Plan policies call for supporting housing arrangements for individuals and groups with special needs including those with physical and mental disabilities. This also includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted living and nursing faculties. The Kings Grant House, adjacent to the site, has been operating since 1991 as an assisted living facility. The proposed use complements the adjacent operation and is not a detriment to the surrounding uses. The applicant met with the Senior Housing Review Committee and received favorable comments. Integrated Living Communities of Virginia Beach, LLC AKA Kings Grant House Page 3 of 4 Therefore staff recommends approval of the requests subject to the conditions listed below. 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 9-0, to recommend approval of this request to the City Council with the following conditions: All of the conditions attached to the Conditional Use Permit approved by City Council on March 14, 1988 are deleted and replaced with the following conditions: The site shall be developed substantially in accordance with the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, unless the applicant is unable to obtain variances for the required setbacks and permitted lot coverage. If the applicant is unable to obtain the required variances the building shall be redesigned to adhere to the required setbacks. 2. The proposed building and attachment to the Kings Grant House shall substantially conform to the submitted elevations entitled "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall prepare and record a parking agreement with Saint Aidan's Episcopal Church for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. 4. The applicant shall provide Category I landscaping along the eastern and northern walls of the building. 5. All parking for staff and visitors shall be met on the site and adjacent sites, Kings Grant House and Saint Aidan's Episcopal Church. There shall be no staff and visitor parking on the rights -of -ways. Integrated Living Communities of Virginia Beach, LLC AKA Kings Grant House Page 4of4 �3. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed memory center. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k Integrated Living Communities of VB. LLC Map H-6 ,v A,,,S.,K aka Kings Grant House f £its 1 0 � 3 RID $ 6S ''' f, i 5uls;I3 L ea 4 }} � 3k V w R1a� 9 •Sw'wM CrAbm4MMs 1MANi..MM.. M P.....aN:..... 11 October 13, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: INTEGRATED LIVING COMMUNITIES OF VB, LLC AKA KINGS GRANT HOUSE STAFF PLANNER: Faith Christie REQUEST: Modification of Conditions for a Conditional Use Permit for a home for the aged / nursing home approved by the City Council on March 14, 1988 ADDRESS / DESCRIPTION: 440 North Lynnhaven Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14970720120000 LYNNHAVEN 0.965 ACRE 65-70 dB DNL Sub -Area 3 SUMMARY OF REQUEST The Conditional Rezoning from B-2 Community District to 0-1 Office District, now 0-2 Office District, was approved by the City Council on March 14, 1988. The Rezoning has four conditions: 1. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. Retention of as many existing on-site tress as possible. A detailed tree protection plan must be approved by the City Arborist prior to site plan approval. 3. Category IV screening, in accordance with the Draft Landscaping, Screening and Buffering Specifications and Standards, September 1987, shall be installed along the southern property line between the proposed nursing home and adjacent service station. 4. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed nursing home. A Conditional Use Permit for a home for the aged / nursing home was also approved by the City Council on March 14, 1988 and has the same conditions. The applicant is requesting a modification to the conditional use permit because the corporation has purchased additional property to the east this site and is planning to expand the facility. This request is in conjunction with requests also on this agenda by Commonwealth Virginia Beach LLC, Items 9 & 10, for a Conditional Change of Zoning from B-2 Business to 0-2 Office and a Conditional Use Permit for Housing for a Disabled, a Sanatorium, and Item 12, Saint Aidan's Episcopal Church for a Modification cf Conditions. Commonwealth Virginia Beach LLC is requesting a conditional rezoning and conditional use permit to develop the site east of this operation with a two-story building and associated parking. The proposed building will be connected to this building. The proposed additions, in conjunction with this request, will provide 25 memory center beds and 50 assisted living beds. Saint Aidan's Episcopal Church is requesting a Modification of Conditions to their existing Conditional Use Permit to allow the construction of a parking lot on the southwest side of their property that will be shared by the Church and Kings Grant House. The submitted rezoning exhibit depicts an addition to the building along the eastern side of the site. A courtyard is a so depicted in the middle of the complex. When this site was developed it was zoned 0-1 Office district. The required setbacks for the 0-1 district were 25 -foot for the front line and ten -feet on the sides and rear lines. As part of the comprehensive update to the zoning ordinance in 1988 all properties that were zoned 0-1 Office was converted to 0-2 Office. The setbacks for the 0-2 Office district are 35 - feet for the frc nt yard and 20 -feet for the side and rear yards. Consequently the existing building is non- conforming with regard to the required setbacks. The proposed addition does not meet the required setbacks and will require a variance from the Board of Zoning Appeal. Additionally the existing building and proposed addition exceed the permitted lot coverage and will also require a variance. Eleven parking spaces are depicted on the northwestern side of the site. Once the proposed additions to this site and the site to the east are complete Kings Grant House will provide 25 memory center beds and 50 assisted living beds. This will require 33 parking spaces. This site has 11 parking spaces and the proposed development to the east will provide six additional spaces. The total parking to be provided on site will be 17 spaces. The applicant has entered into an agreement to develop 19 additional spaces on Saint Aidan's Episcopal Church property to the north. The parking lot will be shared by both entities. However a variance to the required parking on the site is also required. The submitted elevations depict the addition is similar in design to the existing Kings Grant House to the south of the site. The applicant states that the exterior building material will be hardi-plank siding and brick. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Nursing home / home for the aged, associated parking, and landscaping. SURROUNDING LAND North: . Saint Aidan's Episcopal Church and Seton House / R-10 USE AND ZONING: Residential District South: . CITGO Vehicle Service Center / B-2 Community Business District East: • Virginia Beach Education Association office building / B-2 Community Business District West: . North Lynnhaven Road • Across North Lynnhaven Road are single-family homes / R-7.5 Residential NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the Suburban Area. The General Planning Principles for the Suburban Area include preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires promoting compatibility with surroundings, quality of site and buildings, attractiveness of site and buildings, improved mobility, environmental responsibility, livability and buffering between non-residential and residential development with respect to the type, size and intensity of the proposed use and relationship to the surrounding uses (pages 3-1 through 3-3). The Plan's Housing and Neighborhood Plan guiding planning principles stress the need to provide diversity and choice of new housing that has quality and energy efficiency design. The planning principles include policies that call for supporting housing arrangements for individuals and groups with special needs including those with physical and mental disabilities. This includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted living and nursing faculties. (Pages 8-9). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kings Grant Road and North Lynnhaven Road are both two-lane collector streets. North Lynnhaven Road is shown in the 2004 Master Transportation Plan Map as an undivided roadway with a bikeway in a 70 -foot right-of-way. There are no Capital Improvement Projects near the sites. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic North Lynnhaven 3,900 ADT 9,900 ADT Existing Land Use —1(70 Road ADT (16 PM Peak Hours) Integrated Living Communities of Virginia Beach LLC a/k/a ibsGrant Huse T� Agenda Iteta l Proposed Land Use — 200 Kings Grant Road N/A ADT' 9,900 ADT' ADT (29 PM Peak Hours) Average Daily Trips Y as defined by a 3,400 square foot office building and 46 -bed assisted living facility 3 as defined by a 75 -bed assisted living facility WATER: The existing 1.5 -inch water meter on site may be used or upgraded to accommodate the proposed development. There is a 20 -inch City water main in North Lynnhaven Road and an eight -inch City water line in Kings Grant Road. SEWER: The applicant shall provide analysis of Pump Station #244 and the sanitary sewer collection system to ensure future flows can be accommodated. There is a 10 -inch City gravity sanitary sewer main in North Lynnhaven Road. There is an eight -inch City gravity sanitary sewer main and a 10 -inch City force main in Kings Grant Road. DEVELOPMENT SERVICES CENTER: 1. Storm water quality and quantity shall be addressed during detailed site plan review. 2. A hydrology study will be required to establish any onsite and downstream drainage requirements and easements. 3. The property line between the sites shall be vacated. Therefore, a re -subdivision plat shall be required to be submitted, reviewed and approved during detailed site plan review. EVALUATION AND RECOMMENDATION The requests comply with the Comprehensive Plan recommendations for the suburban residential area. The Plan policies call for supporting housing arrangements for individuals and groups with special needs including those with physical and mental disabilities. This also includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, indc;pendent living, assisted living and nursing faculties. The Kings Grant House, adjacent to the site, has been operating since 1991 as an assisted living facility. The proposed use complements the adjacent operation and is not a detriment to the surrounding uses. The applicant met with the Senior Housing Review Committee and received favorable comments. Therefore staff recommends approval of the requests subject to the pfe€feFs afld conditions listed below. CONDITIONS All of the conditions attached to the Conditional Use Permit approved by City Council on March 14, 1988 are deleted and replaced with the following conditions: 1. The site shall be developed substantially in accordance with the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard- Euro Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file Integrated Living Communities of Virginia Beach LLC a/k/a Kings Grant Ho1use ,Agenda Its ,to 11 _� Pa�+e. � � with the Virginia Beach Department of Planning, unless the applicant is unable to obtain variances for the required setbacks and permitted lot coverage. If the applicant is unable to obtain the required variances the building shall be redesigned to adhere to the required setbacks. 2. The proposed building and attachment to the Kings Grant House shall substantially conform to the submitted elevations entitled "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall prepare and record a parking agreement with Saint Aidan's Episcopal Church for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. 4. The pr-epeFty "Res sepaFating the pamels shall be varated. A Fe subdivisieR plat shall be submitted DepaFtment *R GGF�URratien with the detailed site PIAR review Deleted 5. The applicant shall provide Category I landscaping along the eastern and northern walls of the building. 6. All parking for staff and visitors shall be met on the site and adjacent sites, Kings Grant House and Saint Aidan's Episcopal Church. There shall be no staff and visitor parking on the rights -of -ways. 7. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed memory center. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Integrated Living Communities of Virginia Beach LLC a/k/a Ki s Grant HOuse` ,Agenda Iteq ;.,_11 ¢ a a a� 'All �� l ,, �#t _ foil r `�1 ✓ F � �� :: w^".� i ♦ it O �$ +...� PROPOSED NORTH & SOUTH BUILDING ELEVATIONS Integrated Living Communities of Virginia Beach LLC a/k/a Kim's Grant Hcjse ends 41 Rage 8 f PROPOSED EAST & WEST BUILDING Integrated Living Communities of Virginia Beach LLC a/k/a Ki LEIL�CT"1{?�tS PROPOSED EAST & WEST BUILDING Integrated Living Communities of Virginia Beach LLC a/k/a Ki LEIL�CT"1{?�tS # DATE REQUEST ACTION 1 5/6/64 Use Permit (Church) Approved 11/17/715 Use Permit (Church) Approved 10/15/84 Use Permit (Church addition & alterations) Approved 3/25/97 Use Permit (Group home) Approved 4/13/99 Use Permit (Church additions & alterations) Approved 10/23/0'1 Use Permit Columbarium Approved 2 9/3/63 Rezoning (C-1-1 to C -G1) Approved 4/24/89 Use Permit (Gas station) Approved 6/5/07 Use Permit Minor automobile repairs) Approved 3 2/2/62 Use Permit (Church) Approved 4/24/07 Use Permit Columbarium Approved 4 6/21/76 Rezoning (R-6 to B-2) Approved 3/14/88 Rezoning 13-2 to 0-1 & Use Permit Home for thea ed Approved ZONING HI Integrated Living Communities of Virginia Beach LLC a/k/a KingsGrant F Agenda It( P w DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Integrated Living Communities of Virginia Beach, L.L.C. a/k/a Kings Grant House: Richard G. Corey, Managing Member 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 different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Modftafion of Condibons AppficsWn Page 10 of 11 Revised 9/1/2004 DISCLOSURE STA ,1 Integrated Living Communities of Virginia Beach LLC a/k/a Kin' ,ps Grant Hctse 4Agenda Item .11 . Pag .7' DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to thea requested property use, Including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach fist if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Hogllard/Eure Associates ' "Parent -subsidiary relationship" means "a relationship that exists when one oorpxation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Intenssts Act, Va. Code § 2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parelt-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Cocki § 2.2-3101. CERTIFICATION: I certify that the information contained herein Is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions to this package. teg rated Living Communites of Virginia Beach, L.L.C. By:A1VA:ei w),�+1 fl�rac:w�IiM PA/f�K]i� s./ Applicant's Signature' #y: 0h•�:c7.i Asu�,arC, jr,t-r qk' p Print Name ,wt4��/ Property Own is Wnd d applimtt) Print Name MWftom of C& -Wb m AWknOw Paps 11 4d 11 Revised MAIM DISCLOSURE ST I Integrated Living Communities of Virginia Beach LLC a/k/a Kin Grant I Benda It Pr Item #11 Integrated Living Communities of Virginia Beach Modification of Conditions for a Conditional Use Permit 440 North Lynnhaven Road District 5 Lynnhaven October 13, 2010 CONSENT CONDITIONS All of the conditions attached to the Conditional Use Permit approved by City Council on March 14, 1988 are deleted and replaced with the following conditions: GPIN: 14970720120000 1. The site shall be developed substantially in accordance with the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, unless the applicant is unable to obtain variances for the required setbacks and permitted lot coverage. If the applicant is unable to obtain the required variances the building shall be redesigned to adhere to the required setbacks. The proposed building and attachment to the Kings Grant House shall substantially conform to the submitted elevations entitled "ELEVATION OF MEMORY CENTER ADDITION KINGS GRANT HOUSE", dated January 31, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The applicant shall prepare and record a parking agreement with Saint Aidan's Episcopal Church for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. 4. The PFGpeFty IiRes sepaFatiAg the paFeels shall be v-ae-ated— A re subdivision plat shall be sulamfted fGF GeAjUAGt1eR with the detailed site plaA r-eview Deleted S. The applicant shall provide Category I landscaping along the eastern and northern walls of the building. 6. All parking for staff and visitors shall be met on the site and adjacent sites, Kings Grant House and Saint Aidan's Episcopal Church. There shall be no staff and visitor parking on the rights -of -ways. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed memory center. Item #11 Integrated Living Communities of Virginia Beach Page 2 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any sine plan submitted with this application may require revision during detailed site plan review to meet a6' applicable City Codes and Standards. All applicable permits required by the City Code, including those aclministered by the Department of Planning/ Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. Eddie Bourdon appeared on behalf of the applicant. There was no opposition present. AYE 8 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND ABSENT RIPLEY AYE RUSSO AYE STRANGE AYE Eddie Bourdon appeared on behalf of the applicant. There was no opposition present. -58 - Item VU -J.6 PUBLIC HEARING ITEM # 44872 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application ofSAINT AIDENS EPISCOPAL CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SAINT AIDENS EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO4992265 BE ]THEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Saint Aidens Episcopal Church for a Conditional Use Permit for a church at the Southwest corner of Edinburgh Drive and Kings Grant Road. Said parcel is located at 3201 Edinburgh Drive and contains 3.566 acres. LYNNHAVEN- DISTRICT S 71e following conditions shall be required:: 1. 77re parking lot must be re -lined to show two (2) handicap parking spaces that meet the American Disabilities Act requirements. 2. The expansion shall substantially adhere to the submitted architecturalplansentitled, `MasterPlan DrawingsforSt.Aiden's Episcopal Church, "by Barnes Design Group, undated, and match the existing structure in design, color and materials. 3. 77ie proposed church expansion shall substantially adhere to the revised site plan, entitled, "Saint Aiden's, Conditional Use Permit, " by W P. Large, Inc., dated 10 March 1999. The revised plan eliminates the future addition and parking shown on the original plan. This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the T7tirteenth ofAoril. Nineteen Hundred and Ninety -Nine Voting: I1-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, Ill, MargaretL. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. 'Don" Weeks Council Members Voting Nay: None Council Members Absent.- None bsent:None April 13, 1999 s WL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SAINT AIDAN'S EPISCOPAL CHURCH, Modification of Conditional Use Permit, approved by City Council on April 13, 1999, 3201 Edinburgh Drive (GPIN 1497072219). LYNNHAVEN DISTRICT. MEETING DATE: November 9, 2010 ■ Background: The Conditional Use Permit permitting a church expansion was approved by the City Council on April 13, 1999. The Conditional Use Permit has three conditions: 1. The parking lot must be re -lined to show two (2) handicap parking spaces that meet the American Disabilities Act requirements. 2. The expansion shall substantially adhere to the submitted architectural plans entitled, "Master Plan Drawings for St. Aidan's Episcopal Church," by Barnes Design Group, undated and match the existing structure in design, color and materials. 3. The proposed church expansion shall substantially adhere to the site plan entitled, "Saint Aidans, Conditional Use Permit," by W.P. Large, Inc., dated March 10, 1999. The revised plan eliminates the future addition and parking shown on the original plan. Saint Aidan's Episcopal Church is requesting a Modification of Conditions to their existing Conditional Use Permit to allow the construction of a parking lot on the southwest side of their property that will be shared by the Church and Kings Grant House. This request is in conjunction with requests by Commonwealth Virginia Beach LLC, for a Conditional Change of Zoning from B-2 Business to 0-2 Office and a Conditional Use Permit for Housing for a Disabled, a Sanatorium and Integrated Living Communities of Virginia Beach (Kings Grant House), for a Modification of Conditions. Commonwealth Virginia Beach LLC is requesting a conditional rezoning and conditional use permit to develop a site fronting Kings Grant Road, south of this site, with a two-story building and associated parking. The proposed building will be connected to the Kings Grant House building adjacent to the Church property. The proposed additions, in conjunction with this request, will provide 25 memory center beds and 50 assisted living beds. Integrated Living Communities of Virginia, Kings Grant House, is requesting a Modification of St. Aidan's Epis(-.opal Church Page 2 of 3 Conditions to their existing Conditional Use Permit to allow additions to the building. ■ Considerations: The request complies with the Comprehensive Plan recommendations for the suburban residential area. The Plan policies call for supporting housing arrangements for individuals and groups with special needs including those with physical) and mental disabilities. This also includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted living and nursing faculties. The Kings Grant House, adjacent to the site, has been operating since 1991 as an assisted living facility. The proposed use complements the adjacent operation and is not a detriment to the surrounding uses. The proposed parking lot will benefit both Saint Aidan's Church and Kings Grant House by providing additional parking for the church and parking for the facility on the adjacent site. The shared parking eliminates the need for separate parking areas, thus decreasing impervious areas in the area. The uses operate on different schedules should not have any problems sharing the site. Therefore staff recommends approval of the request subject to the conditions listed below. 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 9-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Number 3 attached to the Conditional Use Permit granted by the City Council on April 13, 1999 remain in effect. 2. Condition Number 3 of the April 13, 1999 Conditional Use Permit is modified and replaced with the following: The proposed church expansion shall substantially adhere to the site plan Entitled, "Saint Aidan's, Conditional Use Permit," by W.P. Large, Inc., dated March 10, 1999. The proposed parking on the southwestern side of the site, adjacent to Kings Grant House, in conjunction with the proposed improvements to the Kings Grant House, shall be installed as depicted on the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. St. Aidan's Episcopal Church Page 3of3 3. The applicant shall prepare and record a parking agreement with Integrated Living Communities LLC, a/k/a Kings Grant House, for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S •� Map H-6 Ct_ Aidnn'c Church Moo'M otion of CorWUlona 12 October 13, 2010 Public Hearing APPLICANT / PROPERTY OWNER: ST. AIDAN'S EPISCOPAL CHURCH STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit for a religious use approved by the City Council on April 13, 1999 ADDRESS / DESCRIPTION: 3201 Edinburgh Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14970722190000 LYNNHAVEN 3.566 acres 65-70 dB DNL Sub -Area 3 SUMMARY OF REQUEST The Conditional Use Permit permitting a church expansion was approved by the City Council on April 13, 1999. The Conditional Use Permit has three conditions: 1. The parking lot must be re -lined to show two (2) handicap parking spaces that meet the American Disabilities Act requirements. 2. The expansion shall substantially adhere to the submitted architectural plans entitled, "Master Plan Drawings for St. Aidan's Episcopal Church," by Barnes Design Group, undated and match the existing structure in design, color and materials. 3. The p^oposed church expansion shall substantially adhere to the site plan entitled, "Saint Aidans, Conditional Use Permit," by W.P. Large, Inc., dated March 10, 1999. The revised plan eliminates the future addition and parking shown on the original plan. Saint Aidan's Episcopal C f rch Agenda -It s 12 Page =� Saint Aidan's Episcopal Church is requesting a Modification of Conditions to their existing Conditional Use Permit to allow the construction of a parking lot on the southwest side of their property that will be shared by the Church and Kings Grant House. This request is in conjunction with requests by Commonwealth Virginia Beach LLC, Items 9 & 10, for a Conditional Change of Zoning from B-2 Business to 0-2 Office and a Conditional Use Permit for Housing for a Disabled, a Sanatorium and Integrated Living Communities of Virginia Beach (Kings Grant House), Item 11, for a Modification of Conditions. Commonwealth Virginia Beach LLC is requesting a conditional rezoning and conditional use permit to develop a site fronting Kings Grant Road, south of this site, with a two-story building and associated parking. The proposed building will be connected to the Kings Grant House building adjacent to the Church property. The proposed additions, in conjunction with this request, will provide 25 memory center beds and 50 assisted living beds. Integrated Living Communities of Virginia, Kings Grant House, is requesting a Modification of Conditions to their existing Conditional Use Permit to allow additions to the building. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The property is currently used for a church and a group home for girls. SURROUNDING LAND North: . Across Edinburgh Drive, single-family homes / R-10 Residential USE AND ZONING: District South: . Fronting North Lynnhaven Road, an assisted living facility, Kings Grant House / 0-2 Office District • Fronting Kings Grant Road, Virginia Beach Education Association office / B-2 Community Business District East: . Across Kings Grant Road, single-family homes to the northeast and a church, Prince of Peace_ Lutheran, to the southeast / R- 10 Residential District West: . Across North Lynnhaven Road, single-family homes / R-10 Residential District NATURAL RESOURCE AND Most of the undeveloped portions of the site are heavily wooded with CULTURAL FEATURES: mature trees. A small lake also exists on the southern side of the site. There are no cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as the Suburban Area. The General Planning Principles for the Suburban Area include preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires promoting compatibility with surroundings, quality of site and buildings, attractiveness of site and buildings, improved mobility, environmental responsibility, livability and buffering between non-residential and residential development with respect to the type, size and intensity of the proposed use and relationship to the surrounding uses (pages 3-1 through 3-3). I " Saint Aidan's ftm`copal Ch lrch Agenda It 912 _.p e 2 � t M1 f. i .. The Plan's Hc using and Neighborhood Plan guiding planning principles stress the need to provide diversity and choice of new housing that has quality and energy efficiency design. The planning principles include policies that call for supporting housing arrangements for individuals and groups with special needs including those with physical and mental disabilities. This includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted living and nursing faculties. (Pages 8-9) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kings Grant Road and North Lynnhaven Road are both two-lane collector streets. North Lynnhaven Road is shown in the 2004 Master Transportation Plan Map as an undivided roadway with a bikeway in a 70 -foot right- of-way. There: are no Capital Improvement Projects near the sites. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic North Lynnhaven 3,900 ADT 9,900 ADT Existing Land Use —160 Road ADT(16 pm peak hour trips) Kings Grant Road Unknown 9,900 ADT Proposed Land Use 3— 200 ADT (29 pm peak hour trips) Average Daily Trips Y as defined by a 3,400 square foot office building and 46 -bed assisted living facility 3 as defined by a 75 -bed assisted living facility WATER and SEWER: City water and sewer are not affected by this request: DEVELOPMENT SERVICES CENTER: 1. Storm water quality and quantity shall be addressed during detailed site plan review. 2. A hydrology study will be required to establish any onsite and downstream drainage requirements and easements. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. The request complies with the Comprehensive Plan recommendations for the suburban residential area. The Plan policies call for supporting housing arrangements for individuals and groups with special needs including those with physical and mental disabilities. This also includes allowing and encouraging the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, Saint Aidan's i, 4 9 air scopal CWch Benda Itei-N, .12- ; t S independent living, assisted living and nursing faculties. The Kings Grant House, adjacent to the site, has been operating since 1991 as an assisted living facility. The proposed use complements the adjacent operation and is not a detriment to the surrounding uses. The proposed parking lot will benefit both Saint Aidan's Church and Kings Grant House by providing additional parking for the church and parking for the facility on the adjacent site. The shared parking eliminates the need for separate parking areas, thus decreasing impervious areas in the area. The uses operate on different schedules should not have any problems sharing the site. Therefore staff recommends approval of the request subject to the conditions listed below. CONDITIONS 1. All conditions with the exception of Number 3 attached to the Conditional Use Permit granted by the City Council on April 13, 1999 remain in effect. 2. Condition Number 3 of the April 13, 1999 Conditional Use Permit is modified and replaced with the following: The proposed church expansion shall substantially adhere to the site plan entitled, "Saint Aidan's, Conditional Use Permit," by W.P. Large, Inc., dated March 10, 1999. The proposed parking on the southwestern side of the site, adjacent to Kings Grant House, in conjunction with the proposed improvements to the Kings Grant House, shall be installed as depicted on the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. I The applicant shall prepare and record a parking agreement with Integrated Living Communities LLC, a/k/a Kings Grant House, for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. 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. Saint Aidan's E copal C41Irch enda It 12 1 # HATE REQUEST ACTION 1 5/6/64 Use Permit (Church) Approved 11/17/75 Use Permit (Church) Approved 10/15/84 Use Permit (Church addition & alterations) Approved 3/25/97 Use Permit (Group home) Approved 4/13/99 Use Permit (Church additions & alterations) Approved 10/23/C1 Use Permit Columbarium Approved 2 5/20/6C Rezoning RS3 to RS2 & RM; R-R3 to RS3 A-pproved 3 9/3/63 Rezoning (C-L1 to C-G1) Approved 4/24/8S Use Permit (Gas station) Approved 6/5/07 Use Permit Minor automobile repairs) Approved 4 2/2/62 Use Permit (Church) Approved 4/24/07 Use Permit Columbarium Approved 5 6/21/7E Rezoning (R-6 to B-2) Approved 3/14/88 Rezoning B-2 to 0-1 & Use Permit Home for the a ed Approved ZONING H rqy , Fey DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, compete the following: 7. List the applicant name followed by the names of all officers, members, ffustees, partners, etc. below: (Attach list if necessary) Saint Aidan's Episcopal Church: Rev. Mark a. Wilkinson, Hector, Mr. Fred Parkinson, Senior Warden 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) © Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 4. 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 entity relationship with the applicant: (Attach list if necessary) D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modifinshon of Condftm Application Pap 18 of 11 Revised St1/2004 DISCLOSURE ST Saint Aidan's E �1' DIS{:LOSURE 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 (Attach list if necessary) , Bourdon, Ahern & Levy, P.C. rd/Eure Associates 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be consicered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required signonthe subject property at least 30 days prior to the scheduled public hearing acconii the instructions in this package. Saint 's afi ch By, �t:�s ' Rev. Mark D. wlkinson, Rector Appli�s Signature Print Name Properly Owner's Signature (if different than appkcant) Print Name R+kod' 4aba i of Conditions Appkation Page 11 of 11 ReVWd 91112004 DISCLOSURE ST. Saint Aidan's Episcopal 'A- genda C Item #12 Saint Aiden's Episcopal Church Modification of a Conditional Use Permit 3201 Edinburgh Drive District 5 Lynnhaven October 13, 2010 CONSENT An application of Saint Aidan's Episcopal Church for a Modification of a Conditional Use Permit for a religious use approved by City Council on April 13, 1999 on property located at 3201 Edinburgh Drive, District 5, Lynnhaven. GPIN: 14970722190000 CONDITIONS All conditions with the exception of Number 3 attached to the Conditional Use Permit granted by the City Council on April 13, 1999 remain in effect. 2. Condition Number 3 of the April 13, 1999 Conditional Use Permit is modified and replaced with the following: The proposed church expansion shall substantially adhere to the site plan entitled, "Saint Aidan's, Conditional Use Permit," by W.P. Large, Inc., dated March 10, 1999. The proposed parking on the southwestern side of the site, adjacent to Kings Grant House, in conjunction with the proposed improvements to the Kings Grant House, shall be installed as depicted on the submitted "Rezoning Exhibit for Proposed Memory Center Wing of Kings Grant House", dated 7/15/10, and prepared by Hoggard-Eure Associates, P.E., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The applicant shall prepare and record a parking agreement with Integrated Living Communities LLC, a/k/a Kings Grant House, for the proposed shared parking to be located on the Church property. The agreement shall be reviewed by Current Planning staff and the City Attorney's office before recordation in the Clerk of the Courts Office. 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 (OPTED) concepts and strategies as they pertain to this site. AYE 8 NAY 0 ABS 0 ABSENT 2 Item #12 Saint Aiden's Episcopal Church Page 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND ABSENT RIPLEY AYE RUSSO AYE STRANGE AYE Eddie Bourdon appeared on behalf of the applicant. There was no opposition present. f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, An ordinance to amend Section 111 and Section 301 of the City Zoning Ordinance, Defining the term "Environmental Education Center" and allowing the use as a Conditional Use in the P-1 Preservation District, and adding a New Section 233.1.1, Establishing standards pertaining to such use. MEETING DATE: November 9, 2010 ■ Background: The proposed amendment to the City Zoning Ordinance defines the term "environmental education center," establishes standards for such centers, and allows them as a conditional use in the P-1 Preservation District. Such environmental education centers may include operating offices, offices of other nonprofit entities having similar purposes, classrooms, shelters, outdoor exhibits, noncommercial piers, kayak/canoe launches, storage facilities and similar uses consistent with the purpose of the center. Parking requirements will be established with the conditional use permit based on the projected needs of each center. Stormwater from parking and other impervious surfaces must be captured and reused or retained on the site or treated by Low Impact Development (LID) techniques such as permeable paving systems, bioretention, rain gardens, vegetated roofs, vegetated swales or similar means. Requirements pertaining to stormwater management will be set with the conditional use permit based on specific site conditions. ■ Considerations: This amendment expands opportunities in the P-1 Preservation District to allow environmental education centers with a conditional use permit. Such education centers are in keeping with the intent of the P-1 Preservation District to protect and preserve Virginia Beach's rich environmental resources and approval of the amendment is recommended. 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 9-0, to recommend approval of this request to the City Council. City of Virginia Beach- Environmental Education Center/P-1 Page 2 of 2 ■ Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. A Submitting Department/Agency: Planning Department City Manager: •�� 3 October 13, 2010 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE PERTAINING TO ENVIRONMENTAL EDUCATION CENTERS IN THE P-1 PRESERVATION DISTRICT REQUEST: A Resolution referring to the Planning Commission, for its consideration and recommendation, an ordinance pertaining to Environmental Education Centers in the P-1 Preservation District. SUMMARY OF AMENDMENT The proposed amendment to the City Zoning Ordinance defines the term "environmental education center," establishes standards for such centers, and allows them as a conditional use in the P-1 Preservation District. Such environmental education centers may include operating offices, offices of other nonprofit entities having similar purposes, classrooms, shelters, outdoor exhibits, noncommercial piers, kayak/canoe launches, storage facilities and similar uses consistent with the purpose of the center. Parking requirements will be established with the conditional use permit based on the projected needs of each center. Stormwater from parking and other impervious surfaces must be captured and reused or retained on the site or treated by Low Impact Development (LID) techniques such as permeable paving systems, bioretention, rain gardens, vegetated roofs, vegetated swales or similar means. Requirements pertaining to stormwater management will be set with the conditional use permit based on specific site conditions. RECOMMENDATION This amendment expands opportunities in the P-1 Preservation District to allow environmental education centers with a conditional use permit. Such education centers are in keeping with the intent of the P-1 Preservation District to protect and preserve Virginia Beach's rich environmental resources and approval of the amendment is recommended. CITY OF VIRGINIA BEACH — ENVIRONMENTAL EDUCATION CENTERS Agenda Item 3 Page 1 1 AN ORDINANCE TO AMEND SECTION 111 AND 2 ,SECTION 301 OF THE CITY ZONING ORDINANCE, 3 DEFINING THE TERM "ENVIRONMENTAL EDUCATION 4 I3PENTER" 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 g 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 17 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 addil:ion, the following terms shall be defined as herein indicated: 29 .... 30 Environmental education center. A facility having the primary punpose 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 runt 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 specked shall be permitted. 70 71 Use P-1 72 .... 73 Environmental education centers other than those C 74 operated by ;3 governmental entity 75 76 .... 77 COMMENT 78 The section allows environmental education centers, other than those operated by a 79 governmental entity, as a conditional use in the P-1 Preservation District. The substantive 80 standards for the use are set forth in Section 233.1.1. 81 82 Adopted by the City Council of the City of Virginia Beach on the day 83 of , 2010. 84 85 Approfd as W content: Approved as to legal sufficiency: W Planning De rtment City Attorney's Office CA -11578 R-4 August 17, 20'10 3 Item #3 City of Virginia Beach An Ordinance to amend Section 111 and Section 301 of the City Zoning Ordinance defining the term "Environmental Education Center" and allowing the use as a Conditional Use in the P-1 Preservation District, and adding A new Section 233.1.1 establishing standards pertaining to such use October 13, 2010 A Resolution referring to the Planning Commission, for its consideration and recommendation, an ordinance pertaining to Environmental Education Centers in the P-1 Preservation District. CONSENT AYE 9 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 2 ABSENT ABSENT Karen Lasley appeared before the Commission. There was no opposition present. K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM — CSA COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION WETLANDS UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING: SUMMARY OF COUNCIL ACTIONS MINORITY BUSINESS COUNCIL Patti Phillips, DATE: 10/26/2010 ANNUAL REPORT Finance PAGE: 1 B Director, E D S AGENDA L Wanda Cooper, E D H E W ITEM # SUBJECT MOTION VOTE L D S I Chair E J S U I I A T E D N O S H L R' 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 I/A CITY COUNCIL BRIEFING: MINORITY BUSINESS COUNCIL Patti Phillips, ANNUAL REPORT Finance Director, Wanda Cooper, Chair Amma Guerrier, Financial Counselor II/III/IV/V/ CERTIFICATE OF CLOSED SESSION CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y E F-1 MINUTES —October 12, 2010 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y G/H-1 MAYOR'S PRESENTATION THE VIRGINIA SYMPHONY Eric Borenstein, Executive Director, JoAnne Falletta, Music Director TASK FORCE 2 RECERTIFICATION - Delegate Ron Urban Search and Rescue Team Villanueva, Fire Chief Steven R. Cover, Deputy Chief Randy Journigan, District Chief Mark Piland, Battalion Chief Dennis Keane I-1 PUBLIC HEARING: FY 2010-11 AMENDMENT TO THE No Speakers CITY'S CAPITAL BUDGET re VDOT's safety and capacity improvements J/K-1 Ordinance to ADD Section 2343.2 of City ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Code re Citv Parks CONSENT Y Y Y 2.a Ordinances to ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE: CONSENT $2.8M to Risk Management re insurance premiumstself-insurance claims CITY OF VIRGINIA BEA(,H School Operating Bud;et/additional funding ADOPTED, BY 10-0 Y A Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y for capital projects (Reversion Funds): CONSENT DATE: 10/26/2010 B (1) $2,555,000 for Pupil Transportation re PAGE: 2 E D S bus replacement L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M 1 O O O S H L R Y S S N N D b. School Operating Bud;et/additional funding ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y for capital projects (Reversion Funds): CONSENT (1) $2,555,000 for Pupil Transportation re bus replacement (2) $11,248,211 Reseve Special Revenue re anticipated sh,)rtfall in state/federal revenue (3) $162,800 to Instructional category classroom furniture/tools/equipment (4) $31,000 to Operations/Maintenance re portable radios (5) $28,000 to Administration category re Diversity Youth Ambassadors (6) $312,100 to School Technology re computers (7) $350,000 to Pupil Transportation Maintenance (8) $250,000 to Reno vations/Replacements re auditorium seats at Green Run High School C. $3,600 from U.S. Homeland Security to ADOPTED, 10-0 Y A Y Y Y Y Y Y Y Y Y Fire re Virginia Tash Force 2 Urban BYC ONSENT Search/Rescue Team 3 Ordinance to TRANSFER $625,000 to ADOPTED, BY 10-0 Y A Y Y Y Y Y Y Y Y Y Pupil Transportation Maintenance CONSENT a. $382,801 from Virginia Beach Middle School replacement b. $234,522 from the Academy Facilities improvements c. $ 5,301 from Alternative Education Facility — Phase I d. $ 1,282 from Renovations/Replacements - Various e. $ 1,042 from Diamond Spring Elementary School f $ 52 from Renovations/Replacements — HVAC L-1 EDEN VENTURES;, L.L.C./JAMES C. NO ACTION B Y C O N S E N S U S MCNUTT CUP re bar/night club at 313 32" Street. DISTRICT 7 - PRINCESS ANNE 2 Ordinance to AMEND Comp Plan re NO ACTION B Y C O N S E N S U S ITA/Vicinity Master Plan M-1 MRS. WILLIE H. GRAY Nonconformine APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y Structure at 209 Norm Birdneck Road to CONDITIONED enlarge/renovate re hualth/safety needs BY CONSENT DISTRICT 6 - BEACH CITY OF VIRGINIA BEACH M& T MANAGEMENT, INCJOAK APPROVED/ 10-0 Y A Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y BREEZE, LLC Modification of Proffer PROFFERED DATE: 10/26/2010 B No. 2 previously approved April 25, 2006 at BY CONSENT PAGE: 3 E D S Seaboard Road/Golfwatch Lane. L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L VN' Y T V E Z Y L N O R S 0 T I P E E E E M I 0 0 0 S H L R Y S S N N D 2 M& T MANAGEMENT, INCJOAK APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y BREEZE, LLC Modification of Proffer PROFFERED No. 2 previously approved April 25, 2006 at BY CONSENT Seaboard Road/Golfwatch Lane. DISTRICT 7 - PRINCESS ANNE 3 CORNERSTONE CITY OF REFUGE APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y INTERNATIONAL CONDITIONED CHURCH/LENWOOD IRELAND CUP BY CONSENT re church at 528 South Military Highway, Suite A. DISTRICT 2 - KEMPSVILLE 4 LIVING WORD GOSPEL CHURCH APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y CUP re church at 4971 Cleveland Street. CONDITIONED DISTRICT 2 - KEMPSVILLE BY CONSENT M APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM — CSA COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N/O/P ADJOURNMENT 6:20 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL A,^TIONS DATE: 10/26/2010 B PAGE: 4 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 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 CITY COUNCIL WORKSHOP C�1:1�[��IAA�1�� NOVEMBER 2, 2010 GENERAL AND LOCAL ELECTIONS