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NOVEMBER 23, 2010CITY 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. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 23 NOVEMBER 2010 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL'S BRIEFING -Conference Room- 2:30 PM A. TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus Update Dr. Deborah DiCroce, President II. INFORMAL SESSION I -Conference Room- 3:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION III. CITY MANAGER'S BRIEFINGS -Conference Room- 4:00 PM A. ELECTRONIC CITY COUNCIL AGENDA Gwen Cowart, Director — Communication and Information Technology Roderick Ingram, Deputy City Attorney B. CONSTITUTION DRIVE/THALIA GREENWAY David L. Hansen, Deputy City Manager C. GREEN RIBBON IMPLEMENTATION COMMITTEE'S Parking Amendments Barry Frankenfield, SGA Administrator D. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION II -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 VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor - Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 09, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. CCPC RECERTIFICATION Garth Wheeler, Director — Virginia Criminal Justice Services I. CONSENT AGENDA J. K. ORDINANCES/RESOLUTIONS 1. Ordinances re COMPENSATION a. City Manager b. City Attorney C. City Clerk d. City Real Estate Assessor e. City Auditor 2. Ordinances to ACCEPT and APPROPRIATE: a. $357,817 of State reimbursements to the FY 2010-11 Technology Trust fund of the Clerk of the Circuit Court b. $45,000 from the Oyster Heritage Trust Fund to the FY 2010-11 Operating Budget of the Department of Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continuing the Oyster Shell Recycling Program 3. Ordinances to TRANSFER: a. $362,001 from the 2008 State Homeland Security Grant funds to the FY 2010-11 Operating Budget and $664 within the FY 2010-11 Operating Budget of the Police Department re the purchase of a self-contained mobile command vehicle b. $140,300 within the Energy Efficiency and Conservation Block Grant to Public Works re acquiring energy management software PLANNING 1. Application of MARK COOKE for a Nonconforming Use to replace a garage apartment with a single family dwelling at 6102 Oceanfront Avenue DISTRICT 5 — LYNNHAVEN (Deferred 11/09/2010 for two weeks) RECOMMENDATION APPROVAL 2. Application of MARK and CHRISTINE ZAPPERNICK for the closure of an unimproved, unnamed street between Lots 13 and 14, Avalon Hills at Barkwood Court and Richland Drive. DISTRICT 1 - CENTERVILLE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APROVAL 3. Application of CHRISTOPHER SCAGLIONE for a Conditional Use Permit re a community pier at 416 Caspian Avenue, Lake Rudee DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 4. Application of POINT-TO-POINT/MCRJERS II, LLC for a Conditional Use Permit re motor vehicle rentals at Suite 108, 5393 Wesleyan Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL Application of CHUNMA TAE KWON DO/MOUNTAIN VENTURES VIRGINIA BEACH, LLC for a Conditional Use Permit re an indoor recreational facility at 3300 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of TIRE EXPRESS OF NORTH AMERICA/PAUL PAVANO for a Conditional Use Permit re auto repair at 146 South Rosemont Road and Hilber Street DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 7. Application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communication tower at 1272 Mill Dam Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL Application of C & C DEVELOPMENT COMPANY, INC. for a Change of Zoning District Classification from A-12 Apartment to Conditional R -5S Residential Single Family between 802 and 828 16'' Street DISTRICT 6 - BEACH RECOMMENDATION APPROVAL L. APPOINTMENTS 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 M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF VOTES —General Election of November 2, 2010 O. ADJOURNMENT 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 Agenda 11/23/10gw www.vbgov.com I. CITY COUNCIL'S BRIEFING -Conference Room- 2:30 PM A. TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus Update Dr. Deborah DiCroce, President II. INFORMAL SESSION I -Conference Room- 3:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION III. CITY MANAGER'S BRIEFINGS -Conference Room- 4:00 PM A. ELECTRONIC CITY COUNCIL AGENDA Gwen Cowart, Director — Communication and Information Technology Roderick Ingram, Deputy City Attorney B. CONSTITUTION DRIVE/THALIA GREENWAY David L. Hansen, Deputy City Manager C. GREEN RIBBON IMPLEMENTATION COMMITTEE'S Parking Amendments Barry Frankenfield, SGA Administrator D. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION II -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 VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor - Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 09, 2010 G. FORMAL SESSION AGENDA W 19roolittl4pott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION CCPC RECERTIFICATION Garth Wheeler, Director — Virginia Criminal Justice Services I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances re COMPENSATION a. City Manager b. City Attorney C. City Clerk d. City Real Estate Assessor e. City Auditor 2. Ordinances to ACCEPT and APPROPRIATE: a. $357,817 of State reimbursements to the FY 2010-11 Technology Trust fund of the Clerk of the Circuit Court b. $45,000 from the Oyster Heritage Trust Fund to the FY 2010-11 Operating Budget of the Department of Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continuing the Oyster Shell Recycling Program 3. Ordinances to TRANSFER: a. $362,001 from the 2008 State Homeland Security Grant funds to the FY 2010-11 Operating Budget and $664 within the FY 2010-11 Operating Budget of the Police Department re the purchase of a self-contained mobile command vehicle b. $140,300 within the Energy Efficiency and Conservation Block Grant to Public Works re acquiring energy management software CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: November 23, 2010 ■ Background: City Charter § 3.05 provides that City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by City Council. ■ Considerations: The ordinances make no changes to the appointees' compensation. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by City Council 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER WHEREAS, City Council has evaluated the performance of the City Manager; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the annual salary of the City Manager shall remain at $219,715.07. 2. That the City's contribution to the City Manager's deferred compensation plan shall remain at $20,500 annually. 3. That the car allowance of the City Manager shall remain at $12,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Otce CA11634 R-1 October 13, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY ATTORNEY WHEREAS, City Council has evaluated the performance of the City Attorney; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the salary of the City Attorney shall remain at $185,000. 2. That the City's contribution to the City Attorney's deferred compensation plan shall remain at $10,000 annually. 3. That the car allowance of the City Attorney shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA11633 R-1 October 13, 2010 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK WHEREAS, City Council has evaluated the performance of the City Clerk; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the salary of the City Clerk shall remain at $104,075.74. 2. That the car allowance of the City Clerk shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA11631 R-1 October 13, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY REAL ESTATE ASSESSOR WHEREAS, City Council has evaluated the performance of the City Real Estate Assessor; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the salary of the City Real Estate Assessor shall remain at $120,683.77. 2. That the City shall continue to contribute $4,000 to the City Real Estate Assessor's deferred compensation plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA11630 R-1 October 13, 2010 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, City Council has evaluated the performance of the City Auditor; and 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 1. That the salary of the City Auditor shall remain at $96,000. 11 12 2. That the car allowance of the City Auditor shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: �ay6w/ City Attorney's Offic CA 11632 R-1 October 13, 2010 �4 s th s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Reimbursements to the Clerk of the Circuit Court's FY 2010-11 Technology Trust Fund MEETING DATE: November 23, 2010 ■ Background: The Clerk of the Circuit Court assesses court technology fees in the manner provided by law. The technology fees assessed by the Clerk are paid to the state. The State Compensation Board provides these funds to the City to reimburse the City for purchases and/or ongoing system maintenance fees made for technology purposes. For FY 2010-11, the Clerk's Office has been approved for $357,817 in funding from the Technology Trust Fund. This funding will support the Clerk's Office annual software maintenance for the AUS (Land Records system), for the software maintenance for the AiCMS (Case Management system), and computer equipment, installation, and software change orders. ■ Considerations: This appropriation will not require any additional funding from the City. The appropriation gives the Clerk's Office the ability to spend the funds with state revenue offsetting the appropriation. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Accept and appropriate $357,817 in State revenue to the Clerk of the Circuit Court's Technology Trust Fund. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager: b �1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE REIMBURSEMENTS TO THE CLERK OF THE CIRCUIT COURT'S FY 2010-11 TECHNOLOGY TRUST FUND WHEREAS, the Clerk of the Circuit Court has been approved $357,817 of reimbursements from the Virginia Compensation Board for technology purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $357,817 of state reimbursements is accepted and appropriated, with state revenues increased accordingly, to the Clerk of the Circuit Court's FY 2010-11 Technology Trust Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ey's Office CA 11743 R-2 November 5, 2010 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Oyster Heritage Trust Fund MEETING DATE: November 23, 2010 ■ Background: The City of Virginia Beach established an Oyster Heritage Trust Fund for the purpose of collecting donations dedicated to the restoration of oyster habitat and oysters in the Lynnhaven River watershed. The Trust Fund has received a total of $599,054 from private donations to support this goal. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed an Oyster Heritage Plan with the assistance of various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA, Lynnhaven River NOW, and the Chesapeake Bay Foundation. A total of $462,267 has been appropriated to date from the Trust Fund to develop the plan and has resulted in the identification of multiple sites in the Lynnhaven River watershed for construction and seeding of oyster reefs. These efforts began in the summer of 2002 and have resulted in the construction of over 60 acres of oyster habitat. ■ Considerations: City staff has been working to develop a cost sharing arrangement as part of the Oyster Heritage Plan which accomplishes multiple outcomes. First, the completion of previous oyster reef projects has established a sound model for continued future oyster reef restoration efforts in the Lynnhaven watershed and has helped reestablish a viable commercial oyster industry in the Lynnhaven. Second, the ongoing oyster heritage plan and strategy represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed and shows local commitment to achieving the objectives of both Virginia and Federal government objectives towards restoration of the Chesapeake Bay. Third, this proposed oyster heritage project links directly to a major step forward to continue this integrated strategy, which has been developed for environmental restoration of the Lynnhaven by working to prioritize efforts at restoration within those areas of the watershed that exhibit the least severe water quality problems. This project consists of two components. The first component is a continuation of a pilot oyster shell education and recycling program initiated in 2007 between the Lynnhaven River NOW community watershed organization and local restaurants to reclaim shells destined for the City landfill for reuse in creating additional oyster habitat after proper curing. The total cost of this component is $29,000. The second component consists of work to be managed by staff of the Environment and Sustainability Office consisting of site evaluation, design and approval steps to result in the establishment of a spat -on -shell oyster restoration facility in the Lynnhaven to greatly expand and enhance current restoration efforts in conjunction with oyster reef establishment. Once these steps have been concluded, funding is anticipated to be available in the Oyster Heritage Trust Fund to allow for construction of the facility in Fiscal Year 2011-12. A spat -on -shell facility allows for seed oysters to be nurtured in a closed system so that the seed oysters attach to oyster shells, thereby greatly decreasing mortality from predation by other marine animals during the early phases of oyster growth. Spat -on -shell oysters can then be relayed to reef areas, helping to rebuild more natural oyster reef communities. The total cost of this component is $16,000. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Alternatives: Alternatives to this approach considered by staff included a "No Action Alternative". This alternative was not deemed to accomplish the intent of the project as selected, since it was less likely to best utilize available funding assistance, and because it did not allow for accomplishing multiple outcomes as would be possible with the preferred alternative. Approval is therefore recommended. ■ Recommendations: It is recommended that Council appropriate $45,000 from the Oyster Heritage Trust Fund to the FY 2010-11 Operating Budget of the Department of Planning and Community Development for increasing oyster habitat in the Lynnhaven watershed and continuing the oyster shell recycling program. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning and Community Development City Manager: �. 6 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE OYSTER HERITAGE TRUST FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $45,000 is hereby appropriated from the Oyster Heritage Trust Fund to the FY 2010-11 Operating Budget of the Department of Planning and Community Development for increasing oyster habitat in the Lynnhaven River watershed and continuing the Oyster Shell Recycling Program, with estimated revenue from the fund balance of the Oyster Heritage Trust Fund increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT I Q _ Management Services CA11747 R-2 November 10, 2010 APPROVED AS TO LEGAL SUFFICIENCY: - s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve a Transfer of Appropriations within the 2008 State Homeland Security Grant Program MEETING DATE: November 23, 210 ■ Background: The Department of Criminal Justice Services awarded the Virginia Beach Police Department funding through the 2008 State Homeland Security Grant Program. The original grant budget funded the purchase of two vehicles — a support delivery vehicle and a response vehicle for the Bomb Squad, and the grant additionally funded the conversion of an existing vehicle to a command vehicle. In discussing with the vendor and the City Garage, it was determined that the plan to convert the existing vehicle to a command vehicle was not feasible. The vehicle would not be able to withstand the weight distribution required for its intended use. The Police Department has received permission from the grantor to remove the delivery vehicle and the command vehicle conversion from the budget and replace them with a self-contained mobile command vehicle. This requires a transfer of funds to purchase the approved vehicle. ■ Considerations: This modification in the use of funds is consistent with the overall intent of the original grant. No match was required for this funding. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that Council approve the transfer of appropriations of 362,665. ■ Attachments: Ordinance. Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department City Manager: ��'• 1 AN ORDINANCE TO APPROVE A TRANSFER OF 2 APPROPRIATIONS WITHIN THE 2008 STATE 3 HOMELAND SECURITY GRANT PROGRAM 4 5 6 8 9 10 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $362,001 in 2008 State Homeland Security Grant funds, is hereby transferred within the FY 2010-11 Operating Budget of the Police Department for the purpose of purchasing a self-contained mobile command vehicle; and 2. $664 is hereby transferred within the FY 2010-11 Operating Budget of the Police Department to cover the cost difference between remaining grant funds and the quoted cost to purchase a self-contained mobile command vehicle. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2010. Approved as to Content: Q. Management Services CA11746 R-2 November 10, 2010 Approved as to Legal Sufficiency: ey's Office NUS 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the Energy Efficiency and Conservation Block Grant MEETING DATE: November 23, 2010 ■ Background: The City of Virginia Beach received a $4,042,000 grant award from the U.S. Department of Energy (DOE) through the 2009 American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant (EECBG) Program. The City Council appropriated this grant on December 8, 2009. The purpose of the grant funding is to empower local communities to make strategic investments to meet the nation's long term goals for energy independence and leadership on climate changes. Due to savings within the grant resulting from Public Work's Summer Boiler Project at the Central Plant, DOE was asked to approve a reallocation of $140,300 to purchase energy management software. ■ Considerations: This change in grant allocation will provide the City of Virginia Beach with energy management software tools to better manage the City's energy use. The benefits of this software include enhanced reporting, auditing of energy invoices, analyzing energy performance, and projecting future energy budgets. The Department of Energy has reviewed this reprogramming request and has determined this to be an eligible activity under the EECBG Program. ■ Public Information: Public information will be handled through the normal City Council agenda process. ■ Recommendations: It is recommended that City Council approve this ordinance to reprogram the grant funds to purchase energy management software. ■ Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Office of the City Manager City Manage . k , llblr 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $140,300 is hereby transferred within the Energy Efficiency and Conservation Block Grant for the purpose of acquiring energy management software. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2010. Approved as to Content: -L 0 Managemen Services CA11748 R-2 November 10, 2010 Approved as to Legal Sufficiency: rney s Office K. PLANNING 1. Application of MARK COOKE for a Nonconforming Use to replace a garage apartment with a single family dwelling at 6102 Oceanfront Avenue DISTRICT 5 — LYNNHAVEN (Deferred 11/09/2010 for two weeks) RECOMMENDATION APPROVAL 2. Application of MARK and CHRISTINE ZAPPERNICK for the closure of an unimproved, unnamed street between Lots 13 and 14, Avalon Hills at Barkwood Court and Richland Drive. DISTRICT 1 - CENTERVILLE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APROVAL Application of CHRISTOPHER SCAGLIONE for a Conditional Use Permit re a community pier at 416 Caspian Avenue, Lake Rudee DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 4. Application of POINT-TO-POINT/MCRJERS II, LLC for. a Conditional Use Permit re motor vehicle rentals at Suite 108, 5393 Wesleyan Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL Application of CHUNMA TAE KWON DO/MOUNTAIN VENTURES VIRGINIA BEACH, LLC for a Conditional Use Permit re an indoor recreational facility at 3300 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL Application of TIRE EXPRESS OF NORTH AMERICA/PAUL PAVANO for a Conditional Use Permit re auto repair at 146 South Rosemont Road and Hilber Street DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL Application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communication tower at 1272 Mill Dam Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL Application of C & C DEVELOPMENT COMPANY, INC. for a Change of Zoning District Classification from A-12 Apartment to Conditional R -5S Residential Single Family between 802 and 828 16th Street DISTRICT 6 - BEACH RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, November 23, 2010, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT Christopher Scaglione Application: Conditional Use Permit for a community pier at 416 Caspian Avenue WIN 2427024278). C & C Development Company,lnc. Application: Change of Zoning District Class cation from A-12 Apartment to Conditional R -5S Residential Single Family at 802 and 828 16� Street (GPIN 2417858911). CENTERVILLE DISTRICT Mark & Christine Zappernick Application: Street Closure for an unimproved street between Lots 13 & 14, Avalon Hills and Barkwood Court and Richland Drive (GPINs 1456935054;1456935262). BAYSIDE DISTRICT Point To Point/MCRJERS 11, LLC Application: Conditional Use Permit for motor vehicle rentals at 5393 Wesleyan Drive, Suite 108 (GPIN 1468649438). PRINCESS ANNE DISTRICT Chunma Tae Kwon Do/Mountain Ventures Virginia Beach, LLC Application: Conditional Use Permit for an indoor recreational facility at 3300 Princess Anne Road (GPIN 1485908202). ROSE HALL DISTRICT Tire Express Of North America/Paul Pavano Application: Conditional Use Permit for an auto repair at 146 S. Rosemont Road (GPIN 1487633173). LYNNHAVEN DISTRICT New Cingular Wireless PCS, LLC/Virginia Beach School Board Application: Conditional Use Permit for a communication tower at 1272 Mill Dam Road (GPIN 2408577054). 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 hhtLm//www.vbgov.com/oc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 3854303. Beacon Nov. 7 & 14, 2010 21893251 u s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Change of a Nonconforming Use on Property Located at 6102 Oceanfront Avenue for MARK COOKE, 6102 Oceanfront Avenue (GPIN 2419820281). LYNNHAVEN DISTRICT. MEETING DATE: November 23, 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 rooftop 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 2 of 3 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. ■ Considerations: 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 recommends approval of this request to the City Council with the following conditions: 1. 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. I Map LA Marl: C'nnlca November 9, 2010 City Council Meeting APPLICANT / PROPERTY OWNER: MARK COOKE STAFF PLANNER: Faith Christie REQUEST: Reconstruction and Conversion of a Nonconforming Use and Structure ADDRESS / DESCRIPTION: 6102 Ocean Front Avenue 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 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 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: . Atlantic Ocean West: • Ocean Front Avenue NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. The site is covered mostly by structures, pavers and concrete. There are no impacts to city services. 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 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 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 "NOW 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 be vinyl and railings shall be vinyl wrapped. Roofing shingles shall be architectural grade quality. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE LOCATION November 9, 2010 City Council Meeting Page 5 a I NV -900 011NVU V 47HVA37nOG OIINV71 V— - 1A UJ Fu a I EXISTING PHYSICAL SURVEY November 9, 2010 City Council Meeting Page 6 1A UJ Fu 0 �7. 14 -51W 11 Al� �sSAll X., 2, 'C:* 2. anNaA V INOH-4 NV -400 EXISTING PHYSICAL SURVEY November 9, 2010 City Council Meeting Page 6 1A UJ 0 �7. 14 �sSAll '!n EXISTING PHYSICAL SURVEY November 9, 2010 City Council Meeting Page 6 Z' Vu p.Y 1 1 i 0 NV300 OUNVUV M ONVA377O8 O/1NV71V -�� ti b NV3O0 Is H H a is is 11111-1; till ig q• ,$ Air i It J,' ,T #� f ; : HI ir[ .. T8 '6 R ¢ic4t F!£ 3i geYS 3' � i Q fygFE i YAE�u 6"a $ �ft��Q��e�iP PROPOSED SITE LAYOUT November 9, 2010 City Council Meeting Page 7 XX", MAST M.EVATION �T-V -.. . Ku -IRANSVERSE 5J,LV'-,6 SECT ON PROPOSED BUILDING ELEVATION November 9, 2010 City Council Meeting Page 8 PROPOSED BUILDING ELEVATION November 9, 2010 City Council Meeting Page 9 w • saw �� aa. die, .r �rrar oa"��a� �Rauseu�ri aoua,w=m — ....:_ • _ _ .®ease qr� m(am tam a imnrru f'7 T 'S1 ...'B4.« vim✓ IJ FL r PROPOSED BUILDING ELEVATION November 9, 2010 City Council Meeting Page 9 PHOTOGRAPHS OF EXISTING STRUCTURE November 9, 2010 City Council Meeting Page 10 There is no recent zoning activity to report for the immediate area. ZONING HISTORY November 9, 2010 City Council Meeting Page 11 DISCLOSURE STATEMENT 0 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, pars, etc. below: (Attach list if necessary) Cooke 2. 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 -Conforming use Application Page a of 9 Revised 9/1/2004 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 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) & Associates, Inc. Bourdon, Ahem & Levy, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. "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 ron the subject property at least 30 days prior to the scheduled public hearing rdina to the.insfrWiens-in this nar-kaae_ Mark Cooke Print Name Properly Owner's Signature (if different than applicant) Print Name Non -Conforming Use Application Page 9 of 9 Revised 911=4 z 0 a� w coop; 0 w z 0 C4=03 I 0 z 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 2. 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. APPROV�D AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I � P . i Planning gepartment;`� City Attorney's Office CA 11742 R-1 October 29, 2010 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Mark and Christine Zappernick for the closure of the unimproved, unnamed street between Lots 13 and 14, Avalon Hills. District 1 — Centerville MEETING DATE: November 23, 2010 ■ Background: The applicant, Mark and Christine Zappernick, requests the discontinuance, closure and abandonment of the unimproved, unnamed street between Lots 13 and 14 in Avalon Hills. The area proposed for closure is approximately 6,043 square feet. ■ Considerations: The applicant proposes to incorporate the northern half of the area proposed for closure into their existing lot, being Lot 13. The owner of the cemetery lot adjacent to Lot 13 has indicated that it will convey its interest in the unnamed street to the applicant. The owner of Lot 14 will have the option of incorporating the southern half of the street into his lot. The applicant has been maintaining the unimproved street for many years and would like to obtain legal ownership of at least the northern half. The Viewers met twice to consider this application. While it was acknowledged that there are physical challenges in improving this street (mainly due to the drainage ditch along the eastern end), the Viewers determined that the closure and abandonment of the street will result in a public inconvenience because the street is currently used as a pathway to connect one neighborhood to another. Staff is not supportive of street closures that reduce connectivity. In 1973, a request to close this street was considered and was denied because of connectivity concerns and because of concerns regarding a utility easement. The utility easement is no longer necessary. In the event this request is approved, staff recommends the conditions listed below. There was no opposition to this request. Mark and Christine Zappernick Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0-1 to recommend approval to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress.. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: Qir, )L STREET CLOSURES SUPER MAJORITY VOTE REQUIREMENT DECISION TREE Is there a "sale" of the City's interest in either the public easement or the underlying fee authorized in the ordinance? NO If no sale is authorized, no super majority vote is required. Va. Code Ann. § 15.2-2100 Va. Code §15.2-2265 YES Has the property been devoted to a public use, such as regular public pedestrian use, use as a street, improved with curb, gutter and pavement, park.use, etc...? NO No super majority vote is required. Rev. 7/2/10 x:\oid\real estate\street closureWorms\street closures.supermajority vote.doc YES Super majority vote is required. street ciasuie 8 October 13, 2010 Public Hearing APPLICANT / PROPERTY OWNER: MARK & CHRISTINE ZAPPERNICK STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of an unimproved, unnamed right-of-way between Lots 13 (936 Richland Drive) & Lot 14 (940 Richland Drive), Avalon Hills and between Richland Drive and Barkwood Court. ADDRESS / DESCRIPTION: Property located between Lots 13 (936 Richland Drive) & Lot 14 (940 Richland Drive), Avalon Hills. GPIN: Adjacent to 1456935054, 1456935262, and 1456935127 ELECTION DISTRICT: SITE SIZE: AICUZ: CENTERVILLE 6,000 square feet Less than 65 dB DNL APPLICATION HISTORY: After hearing the application on August 11, 2010, Planning Commission deferred this application for sixty days in order for Staff to meet with the adjacent property owners. Staff met with the Avalon Hills Civic League on September 14, 2010 and invited property owners of the Cedar Hills community to a meeting on September 28th. Based on the two meetings, a consensus was unable to be met regarding whether the street should be closed. SUMMARY OF REQUEST The applicants request closure, discontinuance, and abandonment of an unimproved, unnamed right-of- way between Lot 13 (936 Richland Drive) and Lot 14 (940 Richland Drive) in Avalon Hills. The applicants intend on incorporating the northern half of the street into their lot at 936 Richland Drive in order to construct improvements in compliance with setback and other City requirements. Normally all property owners adjacent to the proposed street closure have an option to purchase the portion of the street MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 1 adjacent to their property at fair market value as determined by the City Attorney's Office, however, the adjacent cemetery property owner (GPIN: 1456-93-5127) has signed away his right to purchase his portion of the street in order to allow the applicants the ability to purchase the entire northern half of the street proposed to be closed. The property owner's of Lot 14 will have an option to purchase the southern half of the street proposed to be closed. There are no definite planned improvements or specific construction plans at this time. The applicants and owners of Lot 13 indicate that they may extend their fence to include any newly acquired pieces of land. A second reason the applicants are requesting closure of this street is because they indicate disruptive teenagers or individuals have been using this right-of-way. The applicants' representative suggests that closing the street and erecting a fence may reduce the current disruptions caused by teenagers or other individuals. The applicants' representative further indicates that the applicants have cared for and maintained the unimproved street for over 17 years despite the fact that the maintenance of this unimproved right-of-way is the responsibility of the City of Virginia Beach. The applicants have maintained the land for a long time and would now like to legally obtain ownership of the land. The unimproved right-of-way to be closed is approximately 6,043 square feet with a 10 -foot drainage easement proposed along the eastern portion of the right-of-way. The proposed 10 -foot drainage easement is consistent with the existing 10 -foot easements on adjacent properties. No additional improvements are proposed at this time. It should be noted that a request to close this portion of right-of-way was considered in 1973. That request was denied primarily because of connectivity concerns and concerns regarding a utility easement. The utility easement is no longer necessary. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Unimproved right-of-way SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential District USE AND ZONING: South: . Single-family dwellings / R-7.5 Residential District East: . Single-family dwellings / R-7.5 Residential District West: & Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND There is a drainage ditch located along the east side of the unimproved CULTURAL FEATURES: and unnamed street. There are no other known significant natural resources or cultural features associated with this site. MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There are no traffic impacts. WATER & SEWER: There are no City water and sewer issues. PRIVATE UTILITES: There have been no objections to the proposed street closure. POLICE: Incident Summary Reports show four calls were made regarding incidents on the 5600 block of Barkwood Court during January 1, 2010 and July 30, 2010. Fifteen calls were reported identifying incidents on the 900 block of Richland Drive during this same timeframe. EVALUATION AND RECOMMENDATION The Viewers met twice to discuss this application. Viewers have determined that the closure and abandonment of the unimproved, unnamed right-of-way will result in a public inconvenience because the unimproved right-of-way is currently used as a pathway connecting one neighborhood to another. A photograph of this preferred path from Barkwood Court is shown on page seven of this report. Additionally, conversations with the applicants' representative confirm that the right-of-way is used as a shortcut by the surrounding community. Staff, therefore finds that closing the right-of-way would cause an inconvenience to the general public that currently uses this unimproved right-of-way. Closing the unimproved right-of-way is also contrary to established planning principles. Street and walking connectivity is encouraged by the American Planning Association and our City's Comprehensive Plan. The American Planning Association policy guide adopted by Chapter Delegate Assembly on April 14, 2002 (www.planning.org/policy/guides/adopted/smartgrowth.htm) states, "The American Planning Association and its Chapters support policies and plans that place street connection as a high priority in the development of transportation systems." The City's Comprehensive Plan adopted December 8, 2009 and amended May 11, 2010 recommends, "Where possible, require pedestrian and bike connections in neighborhoods that contain cul-de-sacs and dead-end streets" (Section 6, p.19). Closing this street reduces the number of potential pathways or street connections between two neighborhoods that already have limited connections and reducing street and walking connections is not consistent with current planning policies that promote sustainable development. Future and current benefits of maintaining this right-of-way may include reductions in vehicles miles traveled, reductions in air pollution by reducing vehicle miles traveled, promotion of healthier citizens and communities by allowing more possibilities for walking and biking, reductions in emergency response times by allowing more direct connections, and increasing the possibility for all residents in the community to walk to desired destinations such as schools, parks, and shopping centers. MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 3 There are some physical challenges to improving this street due to the existence of the drainage ditch located along the eastern portion of the right-of-way. These challenges, however, can be overcome as noted by some of the Viewers and should not be used as a reason to close the street. Closing the street would reduce, if not eliminate the potential of improving the current road and pedestrian network. Staff believes the above-mentioned benefits of maintaining this public right-of-way and possibly improving the current transportation network outweigh the possible private gains obtained by closing the street. In response to the applicants' concerns over landscape maintenance and policing issues, staff has contacted the City's Landscape Management Division of Parks and Recreation involving the landscaping maintenance issues and the Police Department on the nuisance issues. Landscape Management Division of Parks and Recreation is currently looking into these concerns. The Police Department has provided an incident summary from January 1, 2010 to July 30, 2010 which does not indicate a juvenile problem. Overall, City staff is not supportive of street closures that reduce connectivity, especially when the right- of-way is used by the general public. As was recommended in 1973, Staff, again, recommends denial of this request. Similar connectivity concerns were discussed when this applicant was denied in 1973. In the event this request is approved, staff recommends conditions listed below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicants shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 4 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicants are 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. MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 5 AERIAL OF SITE LOCATION MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 6 N 1244'10' E RICHLAND DRIVE (50' R/W) (M.B. 49, PG. 48: V.B.) .. N 12'44'x0' E 70.00' ., 'A% of of '�`'. EXISTING R/W LINE 0 LOT 14 AVALON HILLS (M.B. 49, PG. 48) GPIN: 1456-93-5054 - EXIST. 10' DRAINAGE ESMT. (REF: M.S. 49, PG. 48) S 12'4410" w - --- L EXIST. 10' DRAINAGE ESMT (REF: M.B. 89, PG. 43) , LOT 9 BLOCK B, PLAT OF CEDAR HILL SUBDIVISION SECTION ONE (M.B. 89, PG. 43) GPIN: 1456-93-6060 EXHIBIT \ SHOWING UNNAMED STREET AS SHOWN ON PLAT OF AVALON HILLS TO BE CLOSED VIRGINIA BEACH, VIRGINIA :VISED: 07/20/2010 :VISED: 07/15/2010 N 12 44'10' E 35.00' S 12'44'10' W --Y 5-1244'10" W d� o zc�CA w�fn o LEGEND: SHADED AREA INDICATES EXISTING RIGHT-OF-WAY TO BE CLOSED (6,043 SQ.FT. OR 0.1387 AC.) SURVEY OF AREA TO BE CLOSED MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 7 0 m A ik11 tiA ( s a rn UQ 45.00' ----j `:gym a S 12'44'10" W n •-Q.. EXISTING R/W UNE o r. z. o �, • LOT 13 .........: AVALON HILLS (M.B. 49, PG. 48) a GPIN: 1456-93-5262 S 12'44'10' W --Y 5-1244'10" W d� o zc�CA w�fn o LEGEND: SHADED AREA INDICATES EXISTING RIGHT-OF-WAY TO BE CLOSED (6,043 SQ.FT. OR 0.1387 AC.) SURVEY OF AREA TO BE CLOSED MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 7 View from Sarkwood Court PHOTOGRAPHS OF AREA TO BE CLOSED MARK & CHRISTINE:ZAPPERNICK Agenda Item 8 Page 8 If I DATE REQUEST JAPPUCANT I ACTION 1 1 02/05/1973 1 Street Closure I L.R. Mizzel & Geor4e W. Lucv I Denied ZONING HISTORY" MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 9 I DISCLOSURE STATE M E NT 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) Z List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) IN/A C0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PRGPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. It 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) 0 Check here if the property owner is NOTa corporation, partnership, firm, business, or other unincorporated organization. i & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No -x - If yes, what is the name of the official or employee and the nature of their interest? SVOW ire APO"On P*'" ID Of -,I kewW 74`07 MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Pa-qe'10 DISCLOSURE STATEMENT I 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) Pioneer Title - title insurance and ri,,--lated lo, *s Savipq; - Vandevesiteer it, (CIG Brud Blibree, Lqq-) ' '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. *7 "Affiliated business entity relationship" means 'a relationship. other than parent. subsidiary relationship, that exists when (1) one business entity has a controlling ownership intefest in the other business entity, (0) a controlling owner In one entity is also a controlling owner in the other entity, or (W) 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 an 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 codify 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 an the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and ovaluatifig this application. 7 Signature ��it Norne Property Owner's Signature (it different than applicant) Print Name Sk"tCkmwr Ar4wAwn Pjqe II of 1? Revned MW DISCLOSURE STATEMENT MARK & CHRISTINE ZAPPERNICK Agenda Item 8 Page 11 Item #8 Mark & Christine Zappernick Discontinuance, closure and abandonment of an Unimproved street between Lots 13 & 14, Avalon Hills and Between Barkwood Court and Richland Drive. District 1 Centerville October 13, 2010 APPROVED An application of Mark & Christine Zappernick for a Discontinuance, closure and abandonment of an unimproved, unnamed right-of-way between Lots 13 (936 Richland Drive) & Lot 14 (940 Richland Drive), Avalon Hills and between Richland Drive and Barkwood Court. GPIN: Adjacent to 1456935054, 1456935262,and1456935127 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicants shall verify that no private utilities exist within the right -of -Way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicants are 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. AYE 8 NAY 0 ABS 1 ABSENT 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT LIVAS AYE REDMOND ABSENT RIPLEY AYE RUSSO ABS STRANGE AYE Brad Embree Steve Romine appeared on behalf of the applicant. Christine Zappernick, Avalon Hills Civic League spoke in support of the application. There was no opposition present. 1 ORDINANCE APPROVING APPLICATION OF MARK 2 AND CHRISTINE ZAPPERNICK FOR THE 3 CLOSURE OF THE UNIMPROVED, UNNAMED 4 STREET BETWEEN LOTS 13 AND 14, AVALON 5 HILLS 6 7 WHEREAS, Mark Zappernick and Christine Zappernick (the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved street discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved, 12 unnamed street be discontinued, closed, and vacated, subject to certain conditions 13 having been met on or before one (1) year from City Council's adoption of this 14 Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described unimproved, unnamed street be 22 discontinued, closed and vacated, subject to certain conditions being met on or before 23 one (1) year from City Council's adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City- of Virginia Beach, Virginia, designated and 27 described as "UNNAMED STREET (50' RNA AS SHOWN 28 IN M.B. 49, PG. 48 TO BE CLOSED", and also described as 29 "SHADED AREA INDICATES EXISTING RIGHT-OF-WAY 30 TO BE CLOSED (6,043 SQ. FT. OR 0.1387 AC.)," shown as 31 the shaded area on that certain plat entitled:. "EXHIBIT 32 SHOWING UNNAMED STREET AS SHOWN ON PLAT OF 33 AVALON HILLS TO BE CLOSED VIRGINIA BEACH, 34 VIRGINIA" Scale: 1" = 30', dated: 03/24/2010 and revised 35 through July 20, 2010, prepared by Rood Land Surveying, 36 P.C., a copy of which is attached hereto as Exhibit "A". 37 38 39 40 41 42 43 44 GPINS: 1456-93-5262, 1456-93-5054 and 1456-93-5127 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 -lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement to the City of Virginia 60 Beach, subject to the approval of the Department of Public Works and the City 61 Attorney's office, which easement shall include a right of reasonable ingress and 62 egress. 63 64 3. The applicant shall verify that no private utilities exist within the right -of - 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before November 22, 79 2011, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before November 22, 2011, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. 2 89 90 91 92 93 94 95 96 97 98 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor' and MARK ZAPPERNICK and CHRISTINE ZAPPERNICK, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2010. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11409 V:\applications\citylawprod\cycom32\Wpdocs\DO05\PO09\00078974. DOC R-1 November 10, 2010 3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lucia G. W itlow, Associate City Attorney ,+ IM N 12'44' 10" E RICI-ILAND (50' R//W) (M.B. 49, PG. 48 t�.8, 49, PG• 48i ; V.B.; .- . N 12'44'10" E 70.00' EXISTING R/W LINE D O O_ LOT 14 AVALON HILLS (M.B. 49, PG. 48) GPIN: 1456-93-5054 -EXIST. 10' DRAINAGE ESMT. (REF: M.B. 49, PG. 48) T S 12'44'10" W -_ t___ EXIST. 10' (REF: M.B. DRAINAGE ESMT, 89, PG. 43) j LOT 9 BLOCK B, PLAT OF CEDAR HILL SUBDIVISION SECTION ONE (M.B. 89, PG, 43) GPIN: 1456-93-6060 EXHIBIT \ SHOWING ` UNNAMED STREET AS SHOWN ON PLAT OF AVALON HILLS TO BE CLOSED VIRGINIA BEACH, VIRGINIA REVISED: 07/20/2010 REVISED: 07/15/2010 N 12'44'10" E 35.00' -Ld o' ro In b�� Q �� in ��, ui � n ,Ln cp V1 1 I -o C 45.00' o S 12'44'10" _ W w G S 12'44'10" 74 W N 12'44'10" E 35.00' -Ld o' ro In b�� Q �� in ��, of � n ,Ln cp V1 1 I -o C 45.00' o S 12'44'10" _ W �— EXISTING R/W LINE a LOT 13 Lo AVALON HILLS n (M.B. 49, PG. 48) GPIN: 1456-93-5262 S 12'44'10" W LEGEND: SHADED AREA INDICATES EXISTING RIGHT-OF-WAY TO BE CLOSED (6,043 SQ.FT. OR 0.1387 AC.) GRAPHIC SCALE 0 15 30 60 90 ROOD t;4 LAND SURVEYING, P.C. SCALE: 1"=30' IDRr.;"JN BY: W.W.L. DA"E: 03/24/2010 CHECKED BY: A.L.R. 0737 BARTEE STREET TEL.(757)466-1111 NORFOLK, VA. 23502 FAX: (757P6-93841 ,)OB NO. 61,497 SHEET 1 CSF 1 f NVQ �t v_ a ,Ln cp V1 1 I -o coo 9 o CO � ZT w G LEGEND: SHADED AREA INDICATES EXISTING RIGHT-OF-WAY TO BE CLOSED (6,043 SQ.FT. OR 0.1387 AC.) GRAPHIC SCALE 0 15 30 60 90 ROOD t;4 LAND SURVEYING, P.C. SCALE: 1"=30' IDRr.;"JN BY: W.W.L. DA"E: 03/24/2010 CHECKED BY: A.L.R. 0737 BARTEE STREET TEL.(757)466-1111 NORFOLK, VA. 23502 FAX: (757P6-93841 ,)OB NO. 61,497 SHEET 1 CSF 1 o v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTOPHER SCAGLIONE, Conditional Use Permit, community pier, 416 Caspian Avenue (GPIN 2427024278). BEACH DISTRICT. MEETING DATE: November 23, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow an addition to an existing pier to create a non-commercial pier/boat dock that is not located on the same parcel as the dwelling unit. The applicant who lives across an existing unimproved right-of-way known as Cypress Avenue (A/K/A Caspian Avenue) from where the pier/boat dock will be constructed is the owner of both properties. The existing pier and riprap encroaches into the unimproved Cypress Avenue right-of-way/ Caspian Avenue Plat. The applicant did receive an encroachment agreement in 2006 to construct and maintain the existing pier and riprap. The applicant proposes to construct a fixed pier 8 feet wide by 10 feet long with a ramp extending 16 feet to a floating dock 8 feet wide by 30 feet long. Access to the proposed pier would be from the existing pier located beside the Cypress Avenue right-of-way/Caspian Avenue Plat. This proposal for the pier, ramp and floating dock has been submitted to the appropriate regulatory bodies and is awaiting approval of a Joint Permit Application (JPA). ■ Considerations: The proposed pier expansion will be used exclusively by the applicant and limited to their private use, as no commercial use of the pier will be permitted per the recommended conditions. In line with recommendations in the Environmental Stewardship section of the Comprehensive Plan, the pier will not have a sewer pump -out facility nor will petroleum products be dispensed or stored on site. The construction and access of the proposed pier, ramp and floating dock is an acceptable activity through the existing encroachment agreement. The applicant is currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. Staff recommends approval of this request with the conditions below. Christopher Scaglione Page 2 of 2 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. Permits shall be secured from all appropriate regulatory agencies through the Joint Use Permit application process prior to any development or construction of the pier, ramp or floating dock. 2. The use of the non-commercial community pier, ramp and floating dock shall be limited to the private use of the lot at 416 Caspian Avenue (GPIN 2427023289) for boating and recreational purposes only. 3. The boat dock shall be constructed as shown on the plan entitled " PROP: PIER, FLOAT, RAMP IN: Lake Rudee At: 416 CASPIAN AVENUE VIRGINIA BEACH, VA 23451, prepared by Waterfront Consulting, Inc., dated 2-18-2010, or as may be modified by the Joint Permit Application Permit. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures or boatlifts on any portion of the pier. ■ 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: V , ,:A,-7 Christopher Scaglion per.. RSS A �o "' �✓—>�s� �- t `.Ras t 1 CUP Conowwky SM Dock REQUEST: Conditional Use Permit (community pier) 5 October 13, 2010 Public Hearing APPLICANT: CHRISTOPHER SCAGLIONE STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION: 416 Caspian Avenue and property that is a body of water GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270232890000 BEACH 2,691 square feet 70 - 75 dB DNL 24270242780000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an addition to an existing pier to create a non- commercial pier/boat dock that is not located on the same parcel as the dwelling unit. The applicant who lives across an existing unimproved right-of-way known as Cypress Avenue (A/K/A Caspian Avenue) from where the pier/boat dock will be constructed is the owner of both properties. The existing pier and riprap encroaches into the unimproved Cypress Avenue right-of-way/ Caspian Avenue Plat. The applicant did receive an encroachment agreement in 2006 to construct and maintain the existing pier and riprap. The applicant proposes to construct a fixed pier 8 feet wide by 10 feet long with a ramp extending 16 feet to a floating dock 8 feet wide by 30 feet long. Access to the proposed pier would be from the existing pier located beside the Cypress Avenue right-of-way/Caspian Avenue Plat. This proposal for the pier, ramp and floating dock has been submitted to the appropriate regulatory bodies and is awaiting approval of a Joint Permit Application (JPA). LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single family dwelling site and water SURROUNDING LAND North: . Portion of Lake Rudee and Terrace Avenue right-of-way USE AND ZONING: . Single family dwellings/ R -5S Residential District South: . Single family dwellings/ R -5S Residential District East: . Portion of Lake Rudee and Cypress Ave right-of-way/ Caspian Ave Plat • Multi -family dwellings / A-36 Apartment District West: . Single-family dwellings / R -5S Residential District NATURAL RESOURCE AND The properties are within the Owls Creek Watershed. The applicant's CULTURAL FEATURES: properties and the Cypress Avenue right-of-way/ Caspian Avenue plat have existing riprap along the shoreline. There are no known cultural features on the site. COMPREHENSIVE PLAN: This proposal is within Resort Strategic Growth Area 8. The properties are a part of the primarily residential Shadowlawn community. Residential units consist primarily of single family dwellings with small clusters of multi -family units. The Environmental Stewardship section of the Comprehensive Plan Policy Document identifies recommendations for water resources protection and management that call to implement plans and programs designed to protect and restore the City's natural waterways for habitat support and recreational use. (p 7-4) CITY SERVICES This request for a shared pier will have no significant impact to City services. Public Works Real Estate: This applicant did discuss the potential for a street closure prior to submitting this application. The City has a policy of not closing right-of-way with water frontage. EVALUATION AND RECOMMENDATION The proposed pier expansion will be used exclusively by the applicant and limited to their private use, as no commercial use of the pier will be permitted per the recommended conditions. In line with CHRISTOPHER SCAGLICNE recommendations in the Environmental Stewardship section of the Comprehensive Plan, the pier will not have a sewer pump -out facility nor will petroleum products be dispensed or stored on site. The construction and access of the proposed pier, ramp and floating dock is an acceptable activity through the existing encroachment agreement. The applicant is currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Use Permit application process prior to any development or construction of the pier, ramp or floating dock. 2. The use of the non-commercial community pier, ramp and floating dock shall be limited to the private use of the lot at 416 Caspian Avenue (GPIN 2427023289) for boating and recreational purposes only. 3. The boat dock shall be constructed as shown on the plan entitled " PROP: PIER, FLOAT, RAMP IN: Lake Rudee At: 416 CASPIAN AVENUE VIRGINIA BEACH, VA 23451, prepared by Waterfront Consulting, Inc., dated 2-18-2010, or as may be modified by the Joint Permit Application Permit. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures or boatlifts on any portion of the pier. 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. g T S Al w Ar Terrace" Ave. Tei -race Ave. Winston Salem Ave. =� Gr_eensborb Ave. lots TEPWAdE • Avit. to tovEv) • •• •• N 83'&O& E-• ••• N I IPF S $3'00'00' W 50.05 I i CONTROLS: I PT. 1 2 1 A 5 50 1 8 23 26 C 46 8 I O 2427-02-3293 IPF 2 W IMNSTON SALEM AVE. PLAN AEW SCAS ,• - 30, PL's AS SCALED * FROM PLAT, 1 I ' MHW AT\� 8LKD yard., -` AW 1 � � w PHOTOGRAPH OF PROPOSED PIER, RAMP & FLOATING DOCK DCATION No zoning history to report. ZONING HIS )RY DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foilowirg: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Affach 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 n property owner is ditrent 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 if necessary) 2. List all businesses that have a parent -subsidiary' or of eted business enW reiationshIp with the applicant (Attach Nst if necessary) 10 Check here If the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & I see next page for footnotes M=mwt V Mimi ley O �y Does an official or employee of the City of Virginia Beach have an Interest in the i�•c subject land? Yes No x If yes, what is the name of the official or employee and the nature of their interest? C) COWL WurrPw"dAWkeWn Prat 9 of to CHRISTOP -SCAGLINE igenda Item 5 Page 8 DISCLOSURE STATEMENT 0 L4A 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, accounts services, and legal services: (Attach list if necessary) waterfront Consullio. Im ' `Parent-subskialrY Mkftnshtp' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 5o percent of the voting power of another corporation! See State and Local Govemmerrt ConfW of interests Act, Va. Code § 2.2-3101. Z'Amated business entity reladonr-W means *a relationship, other than parent - subsidiary relationft, that exists when W one business entity has a controlling ownership Interest In the other business entity, (ii) a controlling owner in one entity is also a conftoWq owner In the other entity, or (9i there is shared management or control between the business entities. Factors that should be considered in determining the exp of an afsGated business ontity relationship include that the same person or sir the same person own or manage the two entities; there are common or cwr tngled funds or assets; the business entities share the use of the same otfioes or employees or otherwise share activities, resources or personnel on a regular bash:; or there is otherwise a dose woftV relationship between the w tit u.' See State and Local Government Contest of Interests Act, Va. Code § 2.2-3101. CERTIFIGA11ON: i certify that the irdonnation contained hwai n is ha and acwrate. 1 understand that upon moW of notification (postcard) that the appkaion has been scheduled for Wft hearung, I am MSPWsbte for abtairtinp and posting the nagged sign an the subjed property at least 30 days prior to the scheduled pubic hearing according to the istnxtions In this padrsge. The u dwsigned also consents to entry upon the akpol property by wrooyees of the DsparWww t of Plenrdrg to phoolograph and view ww}the ase for Wposes of p=assft and ung this appftft. 16419 7W L A., 1-,, aNE ApplicwWs Pr&t Name Property Owner's SKmsture cif dlferent than applicsr4) Print Name caruWPWMftAW=WW Paps 10 orlo Rsjaa rrsrmoi Item #5 Christopher Scaglione Conditional Use Permit 416 Caspian Avenue District 6 Beach October 13, 2010 CONSENT An application of Christopher Scaglione for a Conditional Use Permit for a community pier on property located a 416 Caspian Avenue, District 6, Beach. GPIN: 24270232890000; 24270242780000 CONDITIONS 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Use Permit application process prior to any development or construction of the pier, ramp or floating dock. 2. The use of the non-commercial community pier, ramp and floating dock shall be limited to the private use of the lot at 416 Caspian Avenue (GPIN 2427023289) for boating and recreational purposes only. 3. The boat dock shall be constructed as shown on the plan entitled " PROP: PIER, FLOAT, RAMP IN: Lake Rudee At: 416 CASPIAN AVENUE VIRGINIA BEACH, VA 23451, prepared by Waterfront Consulting, Inc., dated 2-18-2010, or as may be modified by the Joint Permit Application Permit. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures or boatlifts on any portion of the pier. 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 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE Item #5 Christopher Scaglione Page 2 HORSLEY AYE KATSIAS ABSENT LI VAS AYE REDMOND ABSENT RI PLEY AYE RUSSO AYE STRANGE AYE Billy Garrington appeared on behalf of the applicant. There was no opposition present. I rA I � ` � � \\ � , k/ « } TOO � \��\ 6L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: POINT TO POINT/MCRJERS II, LLC, Conditional Use Permit, motor vehicle rentals, 5393 Wesleyan Drive, Suite 108 (GPIN 1468649438). BAYSIDE DISTRICT. MEETING DATE: November 23, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow motor vehicle rental from Suite 108 within an existing retail strip center. No more than three trucks and three trailers will be rented at any given time. All motor vehicles and trailers will be stored within designated parking spaces on the site. These designated parking spaces, as shown on the site plan within this report, are located on the west side of the building, along the western property line. The proposed motor vehicle rental business currently operates from Suite 108 in conjunction with an existing packaging business within the same suite. The applicant maintains that he was unaware of the requirement for a Conditional Use Permit to allow motor vehicle rental. Upon being informed of the Conditional Use Permit requirement, the applicant filed this request. One employee usually operates both the motor vehicle rental business and the existing packaging business. Hours of operation for both businesses are Monday through Friday, 7:00 am to 7:00 pm, and Saturday from 7:00 am to 4:00 pm. The existing multi -unit strip retail center is situated approximately in the center of site. Parking is provided on all sides of the building; however the bulk of the parking is situated north of the building (along the front). A six-foot solid fence with landscaping is provided along the southern property line to screen the existing commercial use from the adjacent multi -family dwellings. Two access points are provided; one access point off Wesleyan Drive and the other access point off Broad Meadows Boulevard. ■ Considerations: The proposed motor vehicle rental facility is acceptable as the proposal is in compliance with the Comprehensive Plan recommendations for the area. The Comprehensive Plan supports a mix of land uses that include neighborhood commercial uses which are compatible with the surroundings. The recommended conditions listed below, including restrictions on the hours of Point to Point Page 2 of 3 operation and allowable parking spaces for rental trucks and trailers, are effective methods used to insure compatibility with the surrounding business, multi -family, and educational uses. The existing screening and fencing along the southern property line helps to insure compatibility with the adjacent apartment district, as well, by buffering the proposed rental spaces from view of the apartments to the south. The proposal is also compatible with the other service uses, restaurants, and retail currently occupying the building onsite. The site's 305 parking spaces are sufficient to accommodate the proposed use and other users within the shopping center and the proposal is not expected to generate a change in traffic. In addition, the proposed rental spaces are strategically located, on the side of the building, away from the main shopping center entrances so that customers visiting the shopping center are minimally impacted by customers renting vehicles. Overall, Staff finds that the request is compatible with the surrounding community if the applicant adheres to the following conditions. 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. The hours of operation shall be between 7:00 am until 7:00 pm, Monday through Saturday. 2. There shall be no on-site washing, detailing, or maintenance of any motor vehicles. 3. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 4. There shall be no signs placed within the windows or on the doors of the rental vehicles. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 5. No paging system shall be permitted. 6. No more than a total of six motor vehicles or trailers for rent shall be allowed on the site at any one time. Rental trucks and trailers shall be parked in the area on the site that has been designated on the submitted site pan. Point to Point Page 3 of 3 ■ 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: C ''� A` Point to Point ' Al ,, October 13, 2010 Public Hearing _ __ APPLICANT: BZ ;%';%%;UA; POINT TO POINT PROPERTY OWNER: R10• MCRJERS II, LLC CUP - Motor Vahkle Renal STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (Motor Vehicle Rental) ADDRESS / DESCRIPTION: 5393 Wesleyan Drive, Suite 108 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1468649438000 BAYSIDE 229,999 square feet Less than 65 dB DNL LEASE AREA: 1,200 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow motor vehicle rental from Suite 108 within an existing retail strip center. No more than three trucks and three trailers will be rented at any given time. All motor vehicles and trailers will be stored within designated parking spaces on the site. These designated parking spaces, as shown on the site plan within this report, are located on the west side of the building, along the western property line. The proposed motor vehicle rental business currently operates from Suite 108 in conjunction with an existing packaging business within the same suite. The applicant maintains that he was unaware of the requirement for a Conditional Use Permit to allow motor vehicle rental. Upon being informed of the Conditional Use Permit requirement, the applicant filed this request. One employee usually operates both the motor vehicle rental business and the existing packaging business. Hours of operation for both businesses are Monday through Friday, 7:00 am to 7:00 pm, and Saturday from 7:00 am to 4:00 pm. The existing multi -unit strip retail center is situated approximately in the center of site. Parking is provided on all sides of the building; however the bulk of the parking is situated north of the building (along the front). A six-foot solid fence with landscaping is- provided -along thesouthernproperty line to screen the existing commercial use from the adjacent multi -family dwellings. Two access points are provided; one access point off Wesleyan Drive and the other access point off Broad Meadows Boulevard. - LAND USE AND PLAN INFORMATION EXISTING LAND USE: Strip retail center with associated parking SURROUNDING LAND North: + Duplex dwellings / R -5D Residential Duplex District with a PD - USE AND ZONING: H2 Overlay South: . Multi -family dwellings / A-18 Apartment District Public Middle School / R-10 Residential District East: . Multi -family dwellings / A-12 Apartment District with a PD -1-12 Overlay West: . Multi -family dwellings / A-18 Apartment District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, an area with a predominantly suburban character of well-established stable neighborhoods and commercial sites.' The Plan's Suburban Area policies serve to preserve and protect the overall character, economic value, and aesthetic quality of the City's stable neighborhoods. These policies also reinforce the characteristics of low -intensity retail shopping centers and other non-residential areas that make up part of the Suburban Area. The Plan supports a mix of land uses that include neighborhood commercial uses if they are compatible with the surroundings and provide quality and attractiveness of site and buildings.(page 3-1, 3-2, 34) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Wesleyan Drive in front of this site is considered a four -lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 120 -foot right-of-way. No Capital Improvement Program projects are slated for this segment of roadway. POINT TO POINT / A TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Wesleyan Drive 22,642 ADT 22,800 ADT Existing Land Use — 52 ADT Proposed Land Use 3- 52 ADT Average Daily Trips Zas defined by a 1,200 square foot retail unit Sas defined b a 1,200 square foot retail unit PUBLIC WORKS/TRAFFIC ENGINEERING: The shopping center land use takes into account various types of business within one main building structure. The applied packing/shipping service along with U -Haul rentals does not generate any more traffic than a typical shopping center business. The existing to proposed trip generation figures, therefore, will not change. WATER & SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION The proposed motor vehicle rental facility is acceptable as the proposal is in compliance with the Comprehensive Plan recommendations for the area. The Comprehensive Plan supports a mix of land uses that include neighborhood commercial uses which are compatible with the surroundings. The recommended conditions listed below, including restrictions on the hours of operation and allowable parking spaces for rental trucks and trailers, are effective methods used to insure compatibility with the surrounding business, multi -family, and educational uses. The existing screening and fencing along the southern property line helps to insure compatibility with the adjacent apartment district, as well, by buffering the proposed rental spaces from view of the apartments to the south. The proposal is also compatible with the other service uses, restaurants, and retail currently occupying the building onsite. The site's 305 parking spaces are sufficient to accommodate the proposed use and other users within the shopping center and the proposal is not expected to generate a change in traffic. In addition, the proposed rental spaces are strategically located, on the side of the building, away from the main shopping center entrances so that customers visiting the shopping center are minimally impacted by customers renting vehicles. Overall, Staff finds that the request is compatible with the surrounding community if the applicant adheres to the following conditions. CONDITIONS 1. The hours of operation shall be between 7:00 am until 7:00 pm, Monday through Saturday. 2. There shall be no on-site washing, detailing, or maintenance of any motor vehicles. WE IRS II,tLC POINT TO POINT/ Agenda It rn 1 Pt, _3 3. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 4. There shall be no signs placed within the windows or on the doors of the rental vehicles. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 5. No paging system shall be permitted. 6. No more than a total of six motor vehicles or trailers for rent shall be allowed on the site at any one time. Rental trucks and trailers shall be parked in the area on the site that has been designated on the submitted site pan. 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. POINT TO POINT / y DOFoi ci FZd - Wesleyan Di'lvc suite los Aloo y Broad Meadows Ct. .p..Y.n•.. .. � k �a • .€s ,gyp..-. •no a . 1. y , 4 A r Spaces t• f ' .s ...•. .. ^ t .•�� Y4•+ • .•!Y Y M1K ikS � rr ! VMeMN armee (VAftW a umnv xiw) i v T PROPOSED SITE FII_AN m POINT TO POINT / MGRJERS 11, .LC Agenda :Iti 9 P06 # DATE REQUEST APPLICANT ACTION 1 10/12/2004 Rezoning (B-2, A-12, R-2.5, Lake Smith Approved R-10, & R-15 to Conditional Development R -5D, A-12 & A-18 with PD- Associates, L.C. H2 Overlay) 2 12/05/2006 Use Permit (religious facility) Carpenter's House Approved Ministries ZONING HISTORY w POINT TO POINT/ 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) ?otN -c To To , N T. LuA-4\se . cSM,+1\ (-TTIzss.acoT) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 1�o�1E ❑ 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) 4 93gz2 it LC c , 4 . A, •, 'n f6f /rOA J�- �A c..Iw In, Se' to 2. List all businesses that have a parent -subsidiary' or affiliated business entw 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? Conditional t/ae Permg Application Page 9 of 10 Revised 7/312007 DISCLOSURE ST NIENT " DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES Dist 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) 'Q00 E ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means `a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Z 42" Applicant's Signal \i Propt s SignalTif tfferent than applicant) _LLL41er T6Nilk Print Name JCa & 4A6*'W'T? Print Name Conditional Use Permit Application Page 10 of 10 Revised 7MOD7 DISCLOSURE MENT' Item #1 Point to Point Conditional Use Permit 5393 Wesleyan Drive, Suite 108 District 4 Bayside October 13, 2010 CONSENT An application of Point to Point for a Conditional Use Permit for motor vehicle rentals on property located at 5393 Wesleyan Drive, Suite 108, District 4, Bayside. GPIN: 1468649438000 CONDITIONS 1. The hours of operation shall be between 7:00 am until 7:00 pm, Monday through Saturday. 2. There shall be no on-site washing, detailing, or maintenance of any motor vehicles. 3. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 4. There shall be no signs placed within the windows or on the doors of the rental vehicles. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 5. No paging system shall be permitted. 6. No more than a total of six motor vehicles or trailers for rent shall be allowed on the site at any one time. Rental trucks and trailers shall be parked in the area on the site that has been designated on the submitted site pan. 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. AYE 9 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT Item #1 Point to Point Page 2 LIVAS AYE REDMOND ABSENT RI PLEY AYE RUSSO AYE STRANGE AYE The applicant Luther Smith appeared before the Commission. There was no opposition present. I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHUNMA TAE KWON DO/MOUNTAIN VENTURES VIRGINIA BEACH, LLC, Conditional Use Permit, indoor recreational facility, 3300 Princess Anne Road (GPIN 1485908202). PRINCESS ANNE DISTRICT. MEETING DATE: November 23, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a martial arts facility within a 5,880 square foot unit of an existing shopping center. The proposed suite number is 713. Typical hours of operation are Monday through Friday 9:00 a.m. to 9:00 p.m., and Saturday from 9:00 a.m. to 5:00 p.m. Up to 20 students per class are anticipated and no more than two classes are provided at a time. Students are ages 4 and up. Tae Kwon Do is the only form of martial arts taught at this facility. ■ Considerations: The proposed Tae Kwon Do facility will operate out of one of the units of the existing Landstown Commons Shopping Center. This use will not negatively affect other users within the retail area. The proposed use will not require additional parking spaces. Based on City code, the parking requirement for any use within a shopping center does not change except for restaurants, religious uses, and theaters. Staff also finds that these types of indoor recreational facilities can help support other businesses within the shopping center without generating an increase in traffic to the site. The proposal is also in keeping with the recommendations of the Comprehensive Plan. The shopping center where the proposed use will locate already meets the design guidelines and no additional site design enhancements are necessary for the proposed used. Staff, therefore, recommends approval of this request with the conditions below. There was no opposition to the request. ■ Recommendations: Chunma Tae Kwon Do Page 2of2 The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall obtain all necessary permits and inspection from the Planning Department / Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. ■ 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: 13Y PIU CESS ANNE Atap G,I-bl] t'hunma Tae Kwan Do REQUEST: Conditional Use Permit (indoor recreational facility) ADDRESS / DESCRIPTION: 3300 Princess Anne Road GPIN: ELECTION DISTRICT: 14859082020000 Princess Anne 12 November 10, 2010 Public Hearing APPLICANT: CHUNMA TAE KWON DO PROPERTY OWNER: MOUNTAIN VENTURES VIRGINIA BEACH, LLC SITE SIZE: 36.325 acres Lease Area: 5,880 square feet STAFF PLANNER: Leslie Bonilla AICUZ: 70 to 75 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a martial arts facility within a 5,880 square foot unit of an existing shopping center. The proposed suite number is 713. Typical hours of operation are Monday through Friday 9:00 a.m. to 9:00 p.m., and Saturday from 9:00 a.m. to 5:00 p.m. Up to 20 students per class are anticipated and no more than two classes are provided at a time. Students are ages 4 and up. Tae Kwon Do is the only form of martial arts taught at this facility. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Retail center SURROUNDING LAND North: . Retail shops / Conditional B-2 Community Business District USE AND ZONING: South: Vacant land / AG -2 Agricultural District East: . Single-family residential / PD -1-12 (R -5D) Residential West: . Princess Anne Road • Vacant land & single-family residential / AG -2 Agricultural District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the North Princess Anne Commons section of Princess Anne Commons. Adjacent land uses are the Farmers Market, retail shops, a residential area, public parkland, and a cemetery. (pp. 4-4, 4-5) The general planning principles for the North Princess Anne Commons Area focus on high quality development and encourage all projects to be environmentally responsible by employing energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDTM) 'Certified' rating. Energy efficient systems can be applied to existing buildings through operation and maintenance and may include the use of renewable and clean sources of energy, monitoring use of energy and water, recycling, improving indoor environmental quality, and improving a building's performance. (p. 4-4) Design guidelines applicable to this site are found in the 'Princess Anne Commons Design Guidelines' and the 'Princess Anne Corridor Study', both adopted by reference as part of the Comprehensive Plan. These guidelines address landscaping, screening, lighting, and general architecture. (Princess Anne Corridor Study, pp. 15-17) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dam Neck Road is a four -lane major suburban arterial. It is shown on the Master Transportation Plan map as a divided roadway with a 150 -foot right-of-way. There are no CIP projects on this segment of Dam Neck Road. Princess Anne Road is a major suburban arterial that transitions from eight lanes north of Dam Neck Road to four lanes adjacent to much of the site to two lanes south the of the site access point. This section of Princess Anne Road is shown as a parkway with a 250 -foot right-of-way in the Master Transportation Plan map. There is currently a CIP project, #2-305, to widen the two-lane parkway. Construction is scheduled to begin in October 2010 and end by May 2014. CHUNMA TAE KWON DO / MOUNTAIN VENTURES VIRGI TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 40,800 ADT 37,100 ADT Existing Land Use 2 — 252 ADT Proposed Land Use 3— 132 Princess Anne 26,900 ADT 37,100 ADT (4 -lane), Road 18,400 ADT' (2 -lane) ADT Average Daily Trips s as defined by a 5,880 ft2 retail shopping center 3 as defined by a 5,880 ft2 health/fitness club WATER & SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION The proposed Tae Kwon Do facility will operate out of one of the units of the existing Landstown Commons Shopping Center. This use will not negatively affect other users within the retail area. The proposed use will not require additional parking spaces. Based on City code, the parking requirement for any use within a shopping center does not change except for restaurants, religious uses, and theaters. Staff also finds that these types of indoor recreational facilities can help support other businesses within the shopping center without generating an increase in traffic to the site. The proposal is also in keeping with the recommendations of the Comprehensive Plan. The shopping center where the proposed use will locate already meets the design guidelines and no additional site design enhancements are necessary for the proposed used. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. The applicant shall obtain all necessary permits and inspection from the Planning Department / Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. CHUNMA 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. CHUNMA 0 E 0E 0 cd c I m DIM m 1• # DATE REQUEST APPLICANT ACTION 1 02/12/2008 Rezoning (AG -2 to Conditional Mountain Ventures Virginia Granted B-2) Beach, LLC 08/22/2006 Rezoning (AG -1 to Conditional Vistacorp Partners, LLC Granted B-2 2 08/11/2009 Conditional Use Permit (indoor Neptune Fitness Granted commercial recreation) 03/24/2009 Conditional Use Permit (yoga Julie Coleman — Zen Hot Granted studio) Yo a 3 09/30/2008 Conditional Use Permit (church) Rugged Cross Cowboy Withdrawn Baptist Church 4 02/24/1998 Conditional Use Permit Nextel Communications, Granted - communications tower Inc. 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 affi relationship with the applicant: (Attach list if necessary) D Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See Attached 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Owditbrai Uw Pem* AWkahm Pa9 9 of to Raised 7l3 W7 "Ir V W L.- . 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: (AttaA.listjf necessary) I "Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (IQ a controlling owner in one entity is also a controlling owner in the other entity, or (ill) there is shared management or control between the business entities. Factors that 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 or notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 'A s�aPrint Name Mowtan vntunes� tom. LLC �:O��.1 A. S Lawrence Silvestri, V140 President Property Owner's Signature (if different than applicant) Pant Name Cond@Gad the Pem* Appiica3 m Pop 10 of 10 Rovind 71312007 CHUNMA TAE KWON DO / MOUNTAIN VENTURES VIRGI Property owner entity structure is outlined below: a. Mountain Ventures Virginia Beach, LLC (Property Owner) i. Sole member— TGC Virginia Beach Associates LP b. TGC Virginia Beach Associates LP i. General Partner — VBeach, LLC c. VBeach, LLC i. Manager —Goodman Properties, Inc. d. Goodman Properties, Inc. i. Chairman/President — Murray H. Goodman ii. Vice President — Lawrence A. Silvestri iii. Secretary— Doranne M. Garvin iv. Treasurer — Melodie Shipton CHUNMA Item #12 Chunma Tae Kwon Do Conditional Use Permit 3300 Princess Anne Road District 7 Princess Anne November 10, 2010 CONSENT An application of Chunma Tae Kwon Do for a Conditional Use Permit (indoor recreational facility) on property located at 3300 Princess Anne Road, District 7, Princess Anne. GPIN: 14859082020000. CONDITIONS 1. The applicant shall obtain all necessary permits and inspection from the Planning Department / Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 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. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 By a vote of 11-0, the Board has approved the application of Chunma Tae Kwon Do by consent. Roseanne Cummings, applicant appeared before the Board. r r Map E� 9 1A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIRE EXPRESS OF NORTH AMERICA/PAUL PAVANO, Conditional Use Permit, auto repair, 146 S. Rosemont Road (GPIN 1487633173). ROSE HALL DISTRICT. MEETING DATE: November 23, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow tire sales and installation at this location. Typical hours of operation are proposed as 9:00 a.m. to 7:00 p.m., Monday through Saturday. Sunday hours are proposed as 11:00 a.m. to 7:00 p.m. ■ Considerations: Properties to the north, south and west of this site, along Rosemont Road, are all zoned B-2 Business Community District. This specific property has a long history of auto related uses, most recently auto glass repair and a service station prior to that. Some auto related uses can be acceptable on the edges of neighborhoods provided effective measures are taken to ensure compatibility. There is an existing landscape buffer, albeit off site, along much of the eastern property line that abuts several homes. The three service bays face South Rosemont Road and no car storage is proposed outside or in the rear of the existing building. A condition is recommended that limits all repair and installation work to occur within the building. The site plan depicts some new landscaping along Hilber Street and South Rosemont Road in an attempt to enhance the aesthetics of the site. At the time of Staffs site visit, a nonconforming, free-standing sign was located on this site. This sign has been removed and a conforming sign is proposed at the same location and Staff recommends a condition that the proposed sign be monument style sign no higher than 8 feet. Comments from Public Works/Traffic Engineering recommend eliminating, at a minimum, the southern ingress/egress point along Rosemont Road. The south curb cut is very close to the intersection of Hilber Street and Rosemont Road and there is a high possibility of conflicts between southbound vehicles making a u - turn and vehicles turning north from Hilber Street. On site adjustments have been made at the north ingress/egress point on South Rosemont Road to the site plan to help ameliorate the absence of the minimum geometric standards, in Tire Express of North America Page 2 of 3 particular the requirements for a 30' minimum throat length and 15' minimum radii, established by the Department of Public Works as directed by §5.10 of the Site Plan Ordinance. In an effort to improve the safe ingress and egress at the site, a condition is recommended that requires the closure of the south ingress/egress point along South Rosemont Road. This closure should entail removal of the concrete apron and the installation of curb and gutter or the installation of permanent planter containers, as deemed appropriate by the Development Services Center. Staff recommends approval of this request with the conditions 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The entrance on South Rosemont Road closest to the intersection of Hilber Street and South Rosemont Road shall be permanently closed. This closure shall entail removal of the concrete apron and the installation of curb and gutter or the installation of permanent planter containers, as deemed appropriate by the Development Services Center. 2. Traffic circulation shall be as depicted on the layout plan entitled, "Tire Express of North America, 09/02/2010 CUP Drawings," dated September 30, 2010. Striping shall be installed to ensure safe movement of vehicles on and off the site, prior to issuance of a Certificate of Occupancy. 3. No tires for sale, merchandise, or parts shall be displayed or stored outside. 4. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). The restriping of the parking lot and possible repaving or sealing may be necessary. This condition shall be fulfilled prior to issuance of a Certificate of Occupancy. 5. Landscape improvements to the site, at a minimum, shall be as follows: 24 inch evergreen shrubs shall be planted along Hilber Street and along South Rosemont Road in order to form a low, continuous, evergreen hedge; plant material at the corner shall be a mix of medium and small evergreen shrubs. Said landscaping shall be depicted on a Landscape Plan and reviewed and approved by the Planning Department and installed prior to issuance of a Certificate of Occupancy. Tire Express of North America Page 3 of 3 6. Any free-standing sign shall be monument style and no higher than 8 feet. 7. No signage shall be permitted on the building other than as depicted on the elevation entitled, "Tire Express of North America," dated 09/02/2010. The existing vinyl lettering on the storefront glass shall be removed prior to issuance of a Certificate of Occupancy. 8. 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. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 9. A solid privacy fence, at least 6 feet in height, shall be maintained along the eastern property line. ■ 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. ROSEHALL "°p U-7 Tire Express of North America o I t� g 1 8� CUP - Aum Repair REQUEST: Conditional Use Permit (auto repair) ADDRESS / DESCRIPTION: 146 South Rosemont Road �J November 10, 2010 Public Hearing APPLICANT: TIRE EXPRESS OF NORTH AMERICA PROPERTY OWNER: PAUL PAVANO STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14876331730000 ROSE HALL 15,566 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow tire sales and installation at this location. Typical hours of operation are proposed as 9:00 a.m. to 7:00 p.m., Monday through Saturday. Sunday hours are proposed as 11:00 a.m. to 7:00 p.m. LAND USE AND PLAN INFORMATION EXISTING LAND USE: vacant auto glass repair business SURROUNDING LAND North: . Office building / Conditional B-2 Community Business District USE AND ZONING: South: . Hilber Street Mixed retail and office / B-2 Community Business District East: . Single family dwellings / R-7.5 Residential District TIRE EXPRESS OFNORTH AME"CA Agenda Item 9 Page 1 West: . South Rosemont Road • 1-264 Ramp • Retail / B-2 Community Business District NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed. There do CULTURAL FEATURES: not appear to be any environmental or cultural features on the site as it is almost entirely impervious. COMPREHENSIVE PLAN: This Comprehensive Plan designates this area of the City as the Suburban Area. The Plan recognizes the need to preserve and protect the character of the stable neighborhoods in the Suburban Area as well as reinforce the suburban characteristics of commercial centers and other non-residential areas. Planning principles established to protect this area state that all new development and redevelopment should reinforce neighborhood compatibility, quality site and building design, improved mobility, be environmentally responsible, advance community livability, employ effective buffering between residential and non-residential uses, and be compatible in size and intensity to the existing area (p 3-1 to 3-3). The proposed land use is consistent with the land use policies of the Suburban Area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Rosemont Road is a four -lane minor urban arterial roadway designated on the City's MTP to be improved to a six -lane divided arterial with a 165' right of way and a bikeway. There are no CIP projects on Rosemont Road. Hilber Street is not shown on the City's MTP. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Rosemont 35,700 ADT 22,800 ADT (Level Road of Service "C") - 24,700 ADT' (Level of Service "E") Existing Land Use 2- Hilber Street NO DATA 9,900 ADT' (Level of 130 ADT AVAILABLE Service "C") - 24,700 Proposed Land Use 3- 11,100 ADT' (Level of 48 ADT Service "E" Average Daily Trips Y as defined by a typical B-2 use 3 as defined by auto repair WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Properties to the north, south and west of this site, along Rosemont Road, are all zoned B-2 Business Community District. This specific property has a long history of auto related uses, most recently auto glass repair and a service station prior to that. Some auto related uses can be acceptable on the edges of neighborhoods provided effective measures are taken to ensure compatibility. There is an existing landscape buffer, albeit off site, along much of the eastern property line that abuts several homes. The three service bays face South Rosemont Road and no car storage is proposed outside or in the rear of the existing building. A condition is recommended that limits all repair and installation work to occur within the building. The site plan depicts some new landscaping along Hilber Street and South Rosemont Road in an attempt to enhance the aesthetics of the site. At the time of Staffs site visit, a nonconforming, free-standing sign was located on this site. This sign has been removed and a conforming sign is proposed at the same location and Staff recommends a condition that the proposed sign be monument style sign no higher than 8 feet. Comments from Public Works/Traffic Engineering recommend eliminating, at a minimum, the southern ingress/egress point along Rosemont Road. The south curb cut is very close to the intersection of Hilber Street and Rosemont Road and there is a high possibility of conflicts between southbound vehicles making a u -tum and vehicles turning north from Hilber Street. On site adjustments have been made at the north ingress/egress point on South Rosemont Road to the site plan to help ameliorate the absence of the minimum geometric standards, in particular the requirements for a 30' minimum throat length and 15' minimum radii, established by the Department of Public Works as directed by §5.10 of the Site Plan Ordinance. In an effort to improve the safe ingress and egress at the site, a condition is recommended that requires the closure of the south ingress/egress point along South Rosemont Road. This closure should entail removal of the concrete apron and the installation of curb and gutter or the installation of permanent planter containers, as deemed appropriate by the Development Services Center. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The entrance on South Rosemont Road closest to the intersection of Hilber Street and South Rosemont Road shall be permanently closed. This closure shall entail removal of the concrete apron and the installation of curb and gutter or the installation of permanent planter containers, as deemed appropriate by the Development Services Center. 2. Traffic circulation shall be as depicted on the layout plan entitled, "Tire Express of North America, 09/02/2010 CUP Drawings," dated September 30, 2010. Striping shall be installed to ensure safe movement of vehicles on and off the site, prior to issuance of a Certificate of Occupancy. 3. No tires for sale, merchandise, or parts shall be displayed or stored outside. 4. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). The restriping of the parking lot and possible repaving or sealing may be necessary. This condition shall be fulfilled prior to issuance of a Certificate of Occupancy. TIRE EXPRESS OFNORTH AMERICA Agenda Itp 9 Pare 3 5. Landscape improvements to the site, at a minimum, shall be as follows: 24 inch evergreen shrubs shall be planted along Hilber Street and along South Rosemont Road in order to form a low, continuous, evergreen hedge; plant material at the comer shall be a mix of medium and small evergreen shrubs. Said landscaping shall be depicted on a Landscape Plan and reviewed and approved by the Planning Department and installed prior to issuance of a Certificate of Occupancy. 6. Any free-standing sign shall be monument style and no higher than 8 feet. 7. No signage shall be permitted on the building other than as depicted on the elevation entitled, "Tire Express of North America," dated 09/02/2010. The existing vinyl lettering on the storefront glass shall be removed prior to issuance of a Certificate of Occupancy. 8. 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. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 9. A solid privacy fence, at least 6 feet in height, shall be maintained along the eastern property line. 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. TIRE EXPRESS OFN )RTH AMERICA PROPOSED SITE LAYOUT F- W W J W a z z L7 z z C6 ui Jx Q U) o<CLCL z W�zo LU Z CLMO C0 ELI WLu zIr "-z2 paw—wzp 02-1 W>W Z X W Z R W r J ELEVATION (nonconforming sign shown above has been°removed) NONCONFORMING SIGN RECENTLY REMOVED 1 10/11/05 Change of Zoning (0-2 to Conditional B- Granted 2 2 05/25/04 CUP (expansion) Granted 12/10/02 CUP auto sales, rental & repair) Granted 3 10/27/98 CUP auto repair arae Granted 4 08/26/97 CUP (expansion) Granted 07/12/94 CUP (expansion) Granted 11/22/82 CUP mini warehouse Granted 5 11/05/84 CUP auto repair — glass shop) Granted DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complote the 1. Last the applicant mite fold by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Two EWsw of North America- IOeran A Hanrahan: Presklem 2. List all businesses teat have a parent -sugary' or affiliated business enter relationship with etre applicant (Attach fist 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 Y property owner is a ftmnt from aWcant: If the property owner is a corporation, partriership, firm, business, or other unincorporated organization, complate the Bowing: 1. List the property owner name Mowed by the names of all officers, members, trustees, partners, etc. below. (Attech fist ff necessary) Pali Pwanoao% r 2. list all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant- (Attach tistt if necessary) E3 Check here if the property owner is NOT a corporation, parte, firm, ^ business, or other unincorporated organization. 6 2See next page for foohotea Mme[ �t �r Does an official or employee of the City of Vk&iaa 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? Cwt use AppiAIM Pope eot1a DISCLOSURE STATEMENT TIRE EXPRESS OFNORTH AMEICA Agenda Itn 9 Pagq"1 Q F=0t R77A tnSCLOSURE STATEMENT AInIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect for the reclimsW property use, Including but not limited to the providm of ardAeaml services, real estate services, ftnandal services, accounting services, and legal services: (Attach kA if necessary) 9ovedy j waCPA,-favid Mwarm Au may at b w t `Parent4aidiary miftomW mama relationship that oasts when one aotpor13tion dvectly or indirectly owns shares possessing more than 5o percent of tate volirg power of another owporation.' See State and Local Covcmmc:rd conW of k toegb Act, Va. Code § 2.2-3101. "Affthated business elity relationship- means "a reiatiom tip, otherthrat parent - subsidiary relaaonetdp, that errata when (l) one business srthty has a controlling ownesNp interest in ft o#w business entity, (ii) a corttolling owner in one entity is also a controlling owner In the other entity, or (9) there is shared managwnerd or control between the Wmkms entities. Factors #W shoal be considered in delemti wig the existence of an alGGated business entity relationship include that the earns person or substantially the sante person own or manage the two entities; there are cannon or commingled funds or assets; the bu me:ss entities shoe the tee of the sone oftioes or errrployees or otherwise saes activities, resources or personnel on a regular basis: or there is odnerwim a close woddng between tine entities.' See StEft ow tocol Cw4errxneW C nFAd of inWesfs Act, Va. Code § 2.2,3101. CERTIFICATIM I cm* that the worm om teems** herein is true and accurate. I underst end Met. upon moeipt of notNwcation (posbr end) rho the application hes been sdxAded for public hearing. I am reapansibie fbr abtahring and posting the mquked sign on the subject property at WM 3D days priorto the sdmduled public hea tg according to the kts uclkm in M pedaage. The mrdenogned also mmerts to ertry tstm the subject properly by euWk" s of the Deparbnent of Piotrtirg to phdoyrigh ora view the site for purposes of processing and evaluating this "prion. PfW Warta WdkrW ua Pff" ARMOW FWft�7' ro Asa DISCLOSURE STATEMENT �K Item #9 Tire Express of North America Conditional Use Permit 136 S. Rosemont Road District 3 Rose Hall CONSENT An application of Tire Express of North America for a Conditional Use Permit (auto repair) on property located at 146 S. Rosemont Road, District 3, Rose Hall. GPIN: 14876331730000. CONDITIONS 1. The entrance on South Rosemont Road closest to the intersection of Hilber Street and South Rosemont Road shall be permanently closed. This closure shall entail removal of the concrete apron and the installation of curb and gutter or the installation of permanent planter containers, as deemed appropriate by the Development Services Center. 2. Traffic circulation shall be as depicted on the layout plan entitled, `Tire Express of North America, 09/02/2010 CUP Drawings," dated September 30, 2010. Striping shall be installed to ensure safe movement of vehicles on and off the site, prior to issuance of a Certificate of Occupancy. 3. No tires for sale, merchandise, or parts shall be displayed or stored outside. 4. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). The restriping of the parking lot and possible repaving or sealing may be necessary. This condition shall be fulfilled prior to issuance of a Certificate of Occupancy. 5. Landscape improvements to the site, at a minimum, shall be as follows: 24 inch evergreen shrubs shall be planted along Hilber Street and along South Rosemont Road in order to form a low, continuous, evergreen hedge; plant material at the corner shall be a mix of medium and small evergreen shrubs. Said landscaping shall be depicted on a Landscape Plan and reviewed and approved by the Planning Department and installed prior to issuance of a Certificate of Occupancy. 6. Any free-standing sign shall be monument style and no higher than 8 feet. 7. No signage shall be permitted on the building other than as depicted on the elevation entitled, "Tire Express of North America," dated 09/02/2010. The existing vinyl lettering on the storefront glass shall be removed prior to issuance of a Certificate of Occupancy. 8. 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. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 9. A solid privacy fence, at least 6 feet in height, shall be maintained along the eastern property line. Item #9 Tire Express of North America Page 2 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 By a vote of 11-0, the Board has approved the application of Tire Express of North America by consent. Tony Hanrahan, applicant appeared before the Board. � Wf .SNA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD, Conditional Use Permit, communication tower, 1272 Mill Dam Road (GPIN 2408577054). LYNNHAVEN DISTRICT. MEETING DATE: November 23, 2010 ■ Background: On September 8, 2010 the School Board approved a lease agreement between the Board and the applicant for the development of a communications tower within the First Colonial High School property. The applicant is now requesting the required Conditional Use Permit. This applicant has stated that there is a need to locate a tower within the vicinity to fill in a gap in the mobile wireless telephone coverage for this area, as shown on the Current Coverage map contained within this report. An existing communications tower is located, on this site, in the vicinity of the proposed tower. This tower replaced a stadium light pole. The conditional use permit was approved by City Council on June 8, 1999 and was conditioned to provide for a minimum of two wireless providers. The applicant has stated that their intent was to co -locate on the existing tower; however, this tower is constructed of spun concrete. Engineering studies and tests revealed that the structure was not constructed to handle any additional carriers. The required modifications for the tower to accommodate an additional user were deemed unsightly and unacceptable by School Board staff. Therefore, it was determined that a second tower to accommodate an additional user would be more acceptable. It is the intent of the applicant to replace an existing stadium light pole with a 127 - foot galvanized steel communications tower. This structure will be able to accommodate one additional user. The tower will be painted the same color as the existing light poles. The existing stadium lights will be relocated to the proposed tower and a four -foot by four -foot osprey nest perch will be located at the top of the tower. This tower will have flush -mounted antennas and all cables will be located inside of the structure. The equipment building will be located under the stadium bleachers, adjacent to the tower. The equipment building has been designed to accommodate the applicant's and an additional user's base station equipment. It has also been designed to look like the other buildings within the stadium area. Due to the limited space available and the fact that the New Cingular Wireless PCS, LLC Page 2of3 ground equipment will be completely screened from the general public's view, no landscaping is proposed. The required RF Emissions Report for the proposed tower has been submitted and is acceptable. The required structural report has not been completed. This tower is being custom designed and will be custom-made. The applicant does not want to endure the cost of the final plans for the tower until it is officially approved. The preliminary structural report indicates that the tower's design will exceed minimum standards. The final structural report will be required and reviewed with the site plan submittal. ■ Considerations: This request fills in a gap for the applicant's mobile wireless telephone coverage in this area. The applicant searched the area for a tall structure to locate on and initially wanted to co -locate on the existing stadium light pole replacement tower, located on this school site. However, it was determined that the existing tower could not accommodate an additional carrier without unsightly modifications. Therefore, the School Board staff worked with the applicant to locate an additional stadium light pole replacement tower that would be able to accommodate one additional user. The placement of the ground equipment under the bleachers on this already well -buffered school site meets the intent of the screening requirements and negates the need for any actual landscaping. The addition of an osprey nest perch will be a benefit to wildlife in this suburban setting and provide an educational experience for students. In summary, by placing a communications facility within this developed school site and providing a structure that can accommodate an additional user, the applicant has found a solution to improve the cellular service in this area with little or no impact on surrounding neighborhoods. The applicant has met with and/or provided information to the various community organizations and has sent individual notices to adjoining property owners regarding this request. Therefore, Staff recommends approval of this request subject to the following conditions. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "First Colonial High School Site No. NF303B 1272 Mill New Cingular Wireless PCS, LLC Page 3of3 Dam Road, Virginia Beach, VA 23454", dated 08/12/09 and as revised 05/27/10, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 3. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. ■ 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 i City Manager: ,� REQUEST: Conditional Use Permit (communication tower) ADDRESS / DESCRIPTION: 1272 Mill Dam Road GPIN: ELECTION DISTRICT: 24085770540000 Lynnhaven 4 November 10, 2010 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, LLC PROPERTY OWNER: VIRGINIA BEACH SCHOOL BOARD STAFF PLANNER: Ray Odom SITE SIZE: AICUZ: 27.59 acres 65-70 dB DNL SUMMARY OF REQUEST On September 8, 2010 the School Board approved a lease agreement between the Board and the applicant for the development of a communications tower within the First Colonial High School property. The applicant is now requesting the required Conditional Use Permit. This applicant has stated that there is a need to locate a tower within the vicinity to fill in a gap in the mobile wireless telephone coverage for this area, as shown on the Current Coverage map contained within this report. An existing communications tower is located, on this site, in the vicinity of the proposed tower. This tower replaced a stadium light pole. The conditional use permit was approved by City Council on June 8, 1999 and was conditioned to provide for a minimum of two wireless providers. The applicant has stated that their intent was to co -locate on the existing tower; however, this tower is constructed of spun concrete. Engineering studies and tests revealed that the structure was not constructed to handle any additional carriers. The required modifications for the tower to accommodate an additional user were deemed unsightly and unacceptable by School Board staff. Therefore, it was determined that a second tower to accommodate an additional user would be more acceptable. It is the intent of the applicant to replace an existing stadium light pole with a 127 -foot galvanized steel communications tower. This structure will be able to accommodate one additional user. The tower will be painted the same color as the existing light poles. The existing stadium lights will be relocated to the NEW CINGULAR WIRELESS PCS, LLC — MiLL 'DAM ROAD Agenda Its -4 Page 1 proposed tower and a four -foot by four -foot osprey nest perch will be located at the top of the tower. This tower will have flush -mounted antennas and all cables will be located inside of the structure. The equipment building will be located under the stadium bleachers, adjacent to the tower. The equipment building has been designed to accommodate the applicant's and an additional user's base station equipment. It has also been designed to look like the other buildings within the stadium area. Due to the limited space available and the fact that the ground equipment will be completely screened from the general public's view, no landscaping is proposed. The required RF Emissions Report for the proposed tower has been submitted and is acceptable. The required structural report has not been completed. This tower is being custom designed and will be custom-made. The applicant does not want to endure the cost of the final plans for the tower until it is officially approved. The preliminary structural report indicates that the tower's design will exceed minimum standards. The final structural report will be required and reviewed with the site plan submittal. LAND USE AND PLAN INFORMATION EXISTING LAND USE: First Colonial High School (school building, parking lots and athletic fields) SURROUNDING LAND North: . Private school / R-20 and R-15 Residential Districts USE AND ZONING: South: . Single family homes/ R-20 and R-15 Residential Districts East: . Single family homes / R-20 Residential District West: . Mill Dam Road, Single-family homes/ R-10 Residential District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area. EVALUATION AND RECOMMENDATION This request fills in a gap for the applicant's mobile wireless telephone coverage in this area. The applicant searched the area for a tall structure to locate on and initially wanted to co -locate on the existing stadium light pole replacement tower, located on this school site. However, it was determined that the existing tower could not accommodate an additional carrier without unsightly modifications. Therefore, the School Board staff worked with the applicant to locate an additional stadium light pole replacement tower that would be able to accommodate one additional user. The placement of the ground equipment under the bleachers on this already well -buffered school site meets the intent of the screening NEW CINGULAR WIRELESS PCS, LLC - requirements and negates the need for any actual landscaping. The addition of an osprey nest perch will be a benefit to wildlife in this suburban setting and provide an educational experience for students. In summary, by placing a communications facility within this developed school site and providing a structure that can accommodate an additional user, the applicant has found a solution to improve the cellular service in this area with little or no impact on surrounding neighborhoods. The applicant has met with and/or provided information to the various community organizations and has sent individual notices to adjoining property owners regarding this request. Therefore, Staff recommends approval of this request subject to the following conditions CONDITIONS 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "First Colonial High School Site No. NF303B 1272 Mill Dam Road, Virginia Beach, VA 23454", dated 08/12/09 and as revised 05/27/10, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 3. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. 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 Certifficate 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. .�,. oevxr �r or,aes uo o ►Aaoeco .k, Ya.uTv M . Yss.+ 4nuwr,w4,.w e�inoa :.nT-o':.a ^ mcomoo sar i�a+T�sw�a �ic e ua 0 0 o v .a. oa�s■T .ecrxam xo«a a o O o LIOMNW wi Lon war 9" wr ON et OWPAO uar ou a um� ff c°Risa�u� � o o.`�""ion wit sm; hw NUMAw,weMw lit °aoa MiM i7o1MG llSMliFO IOGIT rVOR S IM TOWER E a TION COVERAGE WITH T NEW CINGULAR WIRELESS PCS, LLC - WER MAP TOWER SIMULATION G NEW CINGULAR WIRELESS PCS, PH I CS DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the aunt is a corporation, partnership, firm, business, or other unincorporated porated 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) Now CkWlar Maim PCS, LLC (tia AT&T) - Please see attacW list. 2. List all businesses that have a parent -subsidiary' or affiliated business entit/ relationship with the applicant: (Attach fist If necessary) AT&T Mobility E3 Check here If the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ff 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 fist if necessary) City of Vegha Basch 2. List all businesses that have a parent-subskliaryi or affiliated business entity' relationship with the applicant: (Attach list if necessary) WA D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & I Sas rAW page for footr*W Does an official or employee of the City of Virginia Beach have an interest in the subject lard? Yes_ No X If yes, what is the name of the official or employee and the nature of their interest? CwwftW Use PORN AKkebon Pap 9Or10 PAvimW MY= NEW CINGULAR WIRELESS PCS, LLC — MILL DAM -Agenda P AD n4 12 DISCLOSURE STATEMENT !may O P -00y A C) AiMITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not united to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list it necessary) SAI Communications, Inc. LeCialRys n; Amo Consuidng G -W. Inc ''Parent -subsidiary relationship" means 'a relationship that exists when are 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 *Affllisted business entity relationship' means'a relationship, other than parent - subsidiary relationship, that exists when (h) one business entity has a controlling ownership Interest In the other business entity, (hi) a controlling owner in one entity is also a controlling owner in'the other entity, or (M) there Is shared management or control between the business enti lies. Factors that should be considered in determining the existence of an affiliated business entity relationship kxiude that the same person or substantially the same perm own or manage the two entities; there are common or commingled funds or assets; the business entities stere the use of the same offices or ernployees or otherwise strata 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 earthy that the inform Won contented herein Is true and accurate. I ur derstand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, f am responsible for obtaining and posting the required siert on the subject property at Least 30 days prior to the scheduled pubHO hearing SCCW* g to the instructions In this package. The undersigned also consents to entry upon tine subject property by employees of the Department of Planning to photograph and view the site For purposes of processing and evaluating tlts application. ^pW Port Nana l,w...1t Ow (ti dO mnt than spplkart) Print Nanta opw;l Cw f rW trees PwrfA APPkWm Pap to of N! PAMAW MUM DISCLOSURE ST NEW CINGULAR WIRELESS PCS, LLC - kTEMENT r-, Item #4 New Cingular Wireless PCS, L.L.C. Conditional Use Permit 1272 Mill Dam Road District 5 Lynnhaven November 10, 2010 APPROVED An application of New Cingular Wireless PCS, L.L.C. for a communication tower on property located at 1227 Mill Dam Road, District 5, Lynnhaven. GPIN: 240857750540000. CONDITIONS 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "First Colonial High School Site No. NF303B 1272 Mill Dam Road, Virginia Beach, VA 23454", dated 08/12/09 and as revised 05/27/10, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven days, the applicant shall cease operation to the extent necessary to stop the interference. 3. In the event that antennas on the tower and/or the tower are inactive for a period of one year, the tower shall be removed at the applicant's expense. 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. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE Item #4 New Cingular Wireless PCS, L.L.C. Page 2 RIPLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board has approved the application of New Cingular Wireless PCS, L.LC. Lisa Murphy spoke on behalf of the applicant. oS _Nu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C & C DEVELOPMENT COMPANY, INC., Change of Zoning District Classification, A-12 Apartment to Conditional R -5S Residential Single Family, between 802 and 828 16th Street (GPIN 2417858911). BEACH DISTRICT. MEETING DATE: November 23, 2010 ■ Background: The applicant proposes to rezone the existing properties, zoned A-12 Apartment, to Conditional R -5S Residential Single -Family for the purpose of developing a single-family residential dwelling. The subject lot is a non -conforming lot which was platted before the establishment of the City's or County's Zoning Ordinance. Single-family dwellings were thus allowed on this site when the lot was created. Today, the site is zoned A-12 and duplex structures are the least dense residential allowed use on the lot. Due to this restriction, a rezoning to allow a single-family dwelling is required. The proposed 2,047 square foot building will be setback 25 feet from the front property line and three feet from the side property lines. This home cannot be classified as one particular style as the exterior borrows elements from more than one style. The use of steep gabled end roofs, different window types such as the oval window and the 'A over 1" craftsman style double hung, the shake style siding, the square columns and trellis treatment over the garage door add to the new traditional style of this two-story home. ■ Considerations: The requested zoning change from A-12 Apartment District to R -5S Residential Single -Family District is acceptable as the proposed in -fill single-family home is in keeping with the existing residential area. Prior to the establishment of the zoning ordinance, single-family dwellings were allowed within this community. Currently, there is a single-family home directly across the street from this proposal. When the Princess Anne County Zoning Ordinance was created in 1954, that ordinance allowed single-family dwellings within A-12 Apartment Districts until 1988. The applicant has attempted to satisfy the requirements of the current Zoning Ordinance as it relates to the proposed R -5S Residential District. Due to the unusually small size of the lot, however, the applicant could not satisfy the 5,000 square foot minimum lot size requirement, and the five foot and ten foot minimum side yard setback requirements. The 3,600 square foot site was created prior to C & C Development Company, Inc. Page 2of3 the adoption of the Zoning Ordinance; therefore, the configuration of the current non -conforming lot and lot size is acceptable. In addition, staff finds that the proposed three-foot setback is reasonable given that current setback requirements of the Zoning Ordinance prevent reasonable development of this site. Overall, the proposal is compatible with the adjacent residential neighborhood and complies with the overriding theme of the Comprehensive Plan of preserving and protecting the existing residential communities. The exterior building materials proposed are similar to materials used within the adjacent neighborhood. Although stormwater runoff has not been addressed, Staff will work with the applicant during detailed site plan review to ensure the proposal adheres to the requirements of the Stormwater Management Ordinance. The applicant is aware of these stormwater obstacles and of the building code implications of constructing a house three feet away from the side property lines and intends to construct according to the appropriate codes and regulations. Staff, therefore, recommends approval of the request contingent on the proffers provided 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: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed as a single family dwelling with a minimum front yard setback of 25 feet, substantially as shown on the exhibit entitled "16th STREET HOME — SITE LAYOUT", prepared by VB Homes, dated June 2, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design and exterior building materials of the single family dwelling depicted on the Site Plan will be as depicted on the exhibit entitled, "161h STREET HOME — FRONT ELEVATION", prepared by VB homes, dated June 2, 2010, which has been exhibited to the Virginia Bach City Council and is on file with the Virginia C & C Development Company, Inc. Page 3 of 3 Beach Department of Planning (hereinafter "Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The proffered site plan and building design also ensure that the proposed development is compatible with the surrounding community. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2010, and found it to be legally sufficient and in acceptable legal form. ■ 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 I City Manager: Ahn C&C Development Co., Inc. RT3 •-f' � i i '4 t t S �J. v 4 4 �� n F f .• RSR - t ,�- ~.,�,�- � - � �yt} ; too 2 October 13, 2010 Public Hearing APPLICANT: C & C DEVELOPMENT COMPANY, INC. PROPERTY OWNER: TRUSTEES OF NEW CALVARY BAPTIST CHURCH STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Change of Zoning (A-12 Apartment to Conditional R -5S Residential Single -Family) ADDRESS / DESCRIPTION: South side of 16" Street, approximately 100 feet west of the Parks Avenue and 16th Street intersection. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 241785891100000 BEACH 3,600 square feet 70 to 75 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing properties, zoned A-12 Apartment, to Conditional R -5S Residential Single -Family for the purpose of developing a single-family residential dwelling. The subject lot is a non -conforming lot which was platted before the establishment of the City's or County's Zoning Ordinance. Single-family dwellings were thus allowed on this site when the lot was created. Today, the site is zoned A-12 and duplex structures are the least dense residential allowed use on the lot. Due to this restriction, a rezoning to allow a single-family dwelling is required. The proposed 2,047 square foot building will be setback 25 feet from the front property line and three feet from the side property lines. This home cannot be classified as one particular style as the exterior borrows elements from more than one style. The use of steep gabled end roofs, different window types such as the oval window and the "4 over 1" craftsman style double hung, the shake style siding, the C & C DEVELOPMENT TRUSTEES OF NEW CALVARY E Page 1 square columns and trellis treatment over the garage door add to the new traditional style of this two- story home. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Single-family dwelling / R -5S Residential Single -Family District USE AND ZONING: . Multi -family dwellings / A-36 Apartment District South: . Duplex & single-family dwellings/ R-513 Residential Duplex District East: . Multi -family dwellings / A-12 Apartment District West: . Multi -family dwellings / A-12 Apartment District NATURAL RESOURCE AND The site appears to function as a drainage basin by the surrounding CULTURAL FEATURES: properties. There are no other known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site to be within the Resort Strategic Growth Area 8. The Resort Area is generally bound by 42nd Street, the Atlantic Ocean, Rudee Inlet and Birdneck Road. Revitalizations in various residential and commercial districts have transformed this area into a major activity center. The plan generally discourages intrusion of unwanted resort or commercial uses into designated stable residential areas. Enhancement of these neighborhoods through a continuation of infrastructure improvement efforts is also encouraged (p2-28 to 2--32). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: 16th Street in front of this site is a two-lane collector. 16th Street has a variable 60 -foot right -of -way, and the Master Transportation Plan shows an undivided roadway with an ultimate right-of-way width of 60 feet. There is currently no capital improvement project scheduled for this segment of 16th Street. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 16 nStreet - No Available 9,900 ADT (Level of Existing Land Use — Traffic Counts Service "D") 6 ADT Proposed Land Use 3- 10 ADT Average Daily Trips as defined by a 3,600 square -toot lot zoned A-12 Sas defined by a single-family home C & C DEVELOPMENT TRUSTEES OF NEW CALVARY E )MPANY, INC. / 'TIST CHURCH :Agenda.,e1rn 2 Pa 2 TRAFFIC ENGINEERING: The proposed use for this site will have no significant impact on traffic. WATER: This site must connect to City water. There is an existing 4 -inch City water line in 16th Street. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #117 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 12 -inch City gravity sanitary sewer main in 16th Street. STORMWATER: It appears as if the site is used to collect stormwater from surrounding properties. Development of this site may cause drainage problems. The applicant will be required to provide adequate outfall and drainage for the site and adjacent property during site plan review. PERMITS &INSPECTIONS: All construction must meet the requirements of the Uniform State Building Code (USBC). Specifically note that a fire wall is required along all exterior residential walls located closer than five feet to the side property line. There are additional requirements that limit or prohibit ingress/egress located within a fire wall. These requirements, along with the requirement that all bedrooms must have ingress/egress of the exterior of the building may make development of this site very costly and/or difficult. EVALUATION AND RECOMMENDATION The requested zoning change from A-12 Apartment District to R -5S Residential Single -Family District is acceptable as the proposed in -fill single-family home is in keeping with the existing residential area. Prior to the establishment of the zoning ordinance, single-family dwellings were allowed within this community. Currently, there is a single-family home directly across the street from this proposal. When the Princess Anne County Zoning Ordinance was created in 1954, that ordinance allowed single-family dwellings within A-12 Apartment Districts until 1988. The applicant has attempted to satisfy the requirements of the current Zoning Ordinance as it relates to the proposed R -5S Residential District. Due to the unusually small size of the lot, however, the applicant could not satisfy the 5,000 square foot minimum lot size requirement, and the five foot and ten foot minimum side yard setback requirements. The 3,600 square foot site was created prior to the adoption of the Zoning Ordinance; therefore, the configuration of the current non -conforming lot and lot size is acceptable. In addition, staff finds that the proposed three-foot setback is reasonable given that current setback requirements of the Zoning Ordinance prevent reasonable development of this site. Overall, the proposal is compatible with the adjacent residential neighborhood and complies with the overriding theme of the Comprehensive Plan of preserving and protecting the existing residential communities. The exterior building materials proposed are similar to materials used within the adjacent neighborhood. Although stormwater runoff has not been addressed, Staff will work with the applicant during detailed site plan review to ensure the proposal adheres to the requirements of the Stormwater Management Ordinance. The applicant is aware of these stormwater obstacles and of the building code implications of constructing a house three feet away from the side property lines and intends to construct according to the appropriate codes and regulations. Staff, therefore, recommends approval of the request contingent on the proffers provided 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: When the property is developed, it shall be developed as a single family dwelling with a minimum front yard setback of 25 feet, substantially as shown on the exhibit entitled "16th STREET HOME — SITE LAYOUT", prepared by VB Homes, dated June 2, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design and exterior building materials of the single family dwelling depicted on the Site Plan will be as depicted on the exhibit entitled, "16th STREET HOME — FRONT ELEVATION", prepared by VB homes, dated June 2, 2010, which has been exhibited to the Virginia Bach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The proffered site plan and building design also ensure that the proposed development is compatible with the surrounding community. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department 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. C & C DEVELOPMENT COMPANY, I1. / TRUSTEES OF NEW CALVARY BAPTIST CHLIH Agenda Item 2 Pane AERIAL OF S C & C DEVELOPMENT TRUSTEES OF NEW CALVARY E A L&AT16 3aahis "'Al .GC - Nil 1.1b2a�bd sG - Wl Atbadobv Lu 2 F - w v S PROPOSEC C & C DEVELOPMENT TRUSTEES OF NEW CALVARY E )'MPANY, 11C. J` 'TIST CHUf H �genda tb 2 Pag6 6 NH?TE TRIM EARTH TONE PN -L SH1146LES ON THE FRONT AND EART+, TONE VIN"L LAP SONS ON THE SIDES AND REAR Sip 16th 5TREET HOME - FRONT ELEVATION .C=-: I- s a:a �, ,ue x aoro swa• w• . re PROPOSED BUILDING E C & C DEVELOPMENT TRUSTEES OF NEW CALVARY E PANY,INC. / ST CHUB genda tetb„2 Pa # DATE IREQUEST APPLICANT ACTION 1 07/16/2008 BZA Setback Variance Cynthia Rickman Denied 2 05/09/2000 Rezoning (A-12 to R -5S) Ms. Mabel Parson Approved ZONI C & C DEVELOPMENT TRUSTEES OF NEW CALVARY E IG HIST TOR 3° 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) C and C Development Company, Inc.: Christopher J. Ettel, President, Chancey W, Walker, Ill, Director 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) Juanita G. Bazemore; Alonzo R. Bell; Rosetta Cherry; Columbus Grant; Dr. Barbara Y. Hargrave; George M. Houchins; Thomas Little; Willie Mae Little; Sandra Hall Norman; Douglas M. Pope; Bruce C. Sams; John Sanderlin; Helen M. Willis, Trustees of New Calvary Baptist Church 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2 See next page for footnotes Condmuna! Rezoning App9c9mss Page 11 or 12 Rev*W 911/2004 DISCLOSURE C & C DEVELOPMENT TRUSTEES OF NEW CALVARY E O DISCLOSURE STATEMENT C_q A O V 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. VB Homes 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 to the instructions in this package. C and C D veto ent Company, Inc. By: Christopher J. Ettel, President ApplicantTSignattfre Print Name Truste} of New C va Baptis hunch (Property owner) By: f Columbus Grant, Trustee/Chairman By: Willie Mae Little, Secretary conditional Rezoning Application Page 12 of 12 Revised g/1/2W4 DISCLOSURE STA"EME C & C DEVELOPMENT COMPANY, TRUSTEES OF NEW CALVARY BAPTIST CHI Naga _ i v 9 0 A 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. VB Homes 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 othervWse a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. C and C Development Company, Inc. By: Christopher J. Ettel, President Applicant's Signature Print Name steps of New Calvary t Church (Property owner) By: t v b,.44 J4 Columbus Grant, Trustee/Chairman By: �, , Willie Mae Little, Secretary Cond**W Rennft Appbmffw Pae 12 of 12 Revised 8/1124 DISCLOSURE ST C & C DEVELOPMENT TRUSTEES OF NEW CALVARY PANY, INC. QT rut rt -1-1 t (Y. Ci1Crd JAM A P� " «j Item #2 C & C Development Company, Inc. Change of Zoning District Classification 802 & 82816t Street District 6 Beach October 13, 2010 CONSENT An application of C & C Development Company, Inc. for a Conditional Change of Zoning (A-12 Apartment to Conditional R-55 Residential Single -Family) on property located at 802 & 82816th Street, District 6, Beach. GPIN: 241785891100000 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed as a single family dwelling with a minimum front yard setback of 25 feet, substantially as shown on the exhibit entitled "16th STREET HOME —SITE LAYOUT", prepared by VB Homes, dated June 2, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design and exterior building materials of the single family dwelling depicted on the Site Plan will be as depicted on the exhibit entitled, "16th STREET HOME — FRONT ELEVATION", prepared by VB homes, dated June 2, 2010, which has been exhibited to the Virginia Bach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The proffered site plan and building design also ensure that the proposed development is compatible with the surrounding community. The City Attorney's Office has reviewed the proffer agreement dated June 30, 2010, and found it to be legally sufficient and in acceptable legal form. Item #2 C & C Development Company, Inc. Page 2 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet 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. Eddie Bourdon appeared on behalf of the applicant. Mr. Christopher Ettel, President, was also present. 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 Eddie Bourdon appeared on behalf of the applicant. Mr. Christopher Ettel, President, was also present. There was no opposition present. In Reply Refer To Our File No. DF -7804 TO: Mark D. Stiles FROM: B. Kay Wilsow, CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: November 9, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; C & C Development Company, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on November 23, 2010. 1 have reviewed the subject proffer agreement, dated June 30, 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✓ C and C DEVELOPMENT COMPANY, INC., a Virginia corporation TRUSTEES OF NEW CALVARY BAPTIST CHURCH TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 3oth day of June, 201o, by and between C and C DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor, party of the first part; TRUSTEES OF NEW CALVARY BAPTIST CHURCH, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the parry of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 3600 square feet which is- more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the parry of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional R5 -S Residential 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 GPIN: 2417-85-8911 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: SYK£S, BOURDON, W All£RN & L£YY, P.C. PREPARED BY: QM SYKES. ROURDON, MH Al URN & LEVY. P.C. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted- as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns; grantees, and other successors in title or interest, voluntarily and without any requirement by - or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shalll. be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in. interest or title: 1. When the Property is developed, it shall be developed as a single family dwelling with a minimum front yard setback of 25 feet, substantially as shown on the exhibit entitled "16th STREET HOME — SITE LAYOUT", prepared by VB Homes, dated June 2, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design and exterior building materials of the single family dwelling depicted on the Site Plan will be as depicted on the exhibit entitled, "16th STREET HOME — FRONT ELEVATION", prepared by VB Homes, dated June 2, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation") 2 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to R -5S District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; PREPARED BY: (2) The failure to meet all conditions and restrictions shall constitute cause to M SYKES. BOURDON, AHERN & LEVY. IT. deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: M SYICES, ROURDON, MM APERN & LEVY. RC. 4 WITNESS the following signature and seal: Grantor: C and C Development Company, Inc., a Virginia corporation By: (SEAL) Christopher,. Ettel, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1s, day of July, 2010, Christopher J. Ettel, President of C and C Development Company, Inc., a Virginia corporation, Grantor. �1 Notary Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: SYK£S. ROURDON. AURN & L£VY. P.C. WITNESS the following signature and seal: Grantor: Trustees of New Calvary Baptist Church By: -"v A(SEAL) lumbus Grant, Trustee Chairman of the Board of Trustees STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 3oth day of June, 201o, by Columbus Grant, Chairman of the Board of Trustees of New Calvary Baptist Church, Grantor. My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: M SYK£S. BOURDON. M ANERN & LEVY, P.C. EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 15, Block 1, as shown on that certain plat entitled "The Atlantic Investment Co. of Norfolk, Va.", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 55, at Page 33• GPIN: 2417-85-8911 \\Sykesw2k\users\AM\ConditionalRezoning\C and C Development\16th Street\Proffendoc PREPARED BY: SYK£S, POURDON, MR All£RN & LEVY, P.C. L. APPOINTMENTS 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 M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF VOTES —General Election of November 2, 2010 O. ADJOURNMENT 1 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 C; * CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY i January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue i TOWN CENTER ; ►• • ► ♦ ► ►+IN ►. ,.� b F ►. ,♦�� ►;!� Agenda 11/23/10gw www.yh ogy.eorn ABSTRACT OF VOTES cast in the City/County of Virginia Beach , Virginia, at the November 2, 2010 General Election, for: MEMBER HOUSE OF REPRESENTATIVES 2nd District NAMES OF CANDIDATES AS PRINTED ON BALLOT E. Scott Rigell - R Glenn C. Nye III - D Kenny E. Golden — I TOTAL VOTES RECEIVED (IN FIGURES) 64,156 48,674 5,687 Total Write -Irl Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 94 [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ....................................••• Total Number of Overvotes for Office 4 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this A copy teste: Electoral Board Seal 8th day of November, 2010. La,Chairman Vice Chairman , Secretary :ctoral Board ABSTRACT OF VOTES cast in the County/City of Virginia Beach , Virginia, at the November 2, 2010 Special Election, for: PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shall Section 6 of Article X of the Constitution of Virginia be amended to authorize legislation that will permit localities to establish their own income or financial worth limitations for purposes of granting property tax relief for homeowners not less than 65 years of age or permanently and totally disabled? TOTAL VOTES RECEIVED (IN FIGURES) YES ............. 84,403 NO -- 28,163 Total Number Of Overvotes For Question 8 QUESTION 2: Shall the Constitution be amended to require the General Assembly to provide a real property tax exemption for the principal residence of a veteran, or his or her surviving spouse, if the veteran has a 100 percent service -connected, permanent, and total disability? TOTAL VOTES RECEIVED (IN FIGURES) YES 93,201 NO 20,106 Total Number Of Overvotes For Question 5 CONTINUED ON PAGE 2 PROPOSED CONSTITUTIONAL AMENDMENTS Special Election November 2, 2010 County/City of Virginia Beach Page 2 of 2 QUESTION 3: Shall Section 8 of Article X of the Constitution of Virginia be amended to increase the permissible size of the Revenue Stabilization Fund (also known as the "rainy day fund") from 10 percent to 15 percent of the Commonwealth's average annual tax revenues derived from income and retail sales taxes for the preceding three fiscal years? TOTAL VOTES RECEIVED (IN FIGURES) YES ............. 48,395 62,174 Total Number Of Overvotes For Question We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and confect Abstract of Votes cast at said election for and against the proposed constitutional amendments. Given under our hands this 8th day of November, 2010. A copy teste: Electoral Board Seal , Chairman ce Chairman , Secretary !ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach , Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL AT LARGE ENTERAT LARGE ORAPPROPRIATE DISTRICT, WARDOR BOROUGH NAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES) Rita Sweet Bellitto 44,422 James D. Cabiness II 10,192 Bill R. Desteph, Jr. 40,261 W. W. "Wally" Erb 20,245 Andrew R. Jackson 18,265 John D. Moss 27,075 David S. "Dave" Redmond 19,199 Total Write-in Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 761 [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office 12 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Rita Sweet Bellitto Given under our hands this 8th A copy testes Electoral Board Seal Bill R. Desteph, Jr. day of November, 2010. ,Chairman ce Chairman , Secretary ,ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach , Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL Bayside ENTERAT LARGEORAPPROPRIATE DISTRICT, WARDORBOROUGH NAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES) George Furman III 31,355_ Louis R. Jones 57,365 Total Write -In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 614 [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Louis R. Jones Given under our hands this 8th A copy teste: Electoral Board Seal day of November, 2010. Chairman Vire Chairman , Secretary ,ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL Beach ENTERAT LARGEORAPPROPRIATE DISTRICT, WARDOR BOROUGH NAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES) John E. Uhrin 75,343 Total Write-in Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] .................................................2,141 Total Number of Overvotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: John E. Uhrin Given under our hands this 8th A copy teste: Electoral Board Seal day of November, 2010. Chairman —�— Vire Chairman Secretary toral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach , Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL Lynnhaven ENTERATLARGEORAPPROPRIATEDISTRICT, WARDOR BOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT J. Toni Hedrick James L. "Jim" Wood Total Write -Irl Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office ........................................................... TOTAL VOTES RECEIVED (IN FIGURES) 29,240 63,699 305 4 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: James L. "Jim" Wood Given under our hands this 8th A copy teste: i day of November, 2010. Chairman \/irp Chairman , Secretary �ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL Princess Anne ENTERATLARGEORAPPROPRIATEDISTRICT, WARDORBOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT Tanya J. Bullock Barbara M. Hen Total Write -In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write -Ins + Invalid Write-ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office .......••.•••........• TOTAL VOTES RECEIVED (IN FIGURES) 45,000 53,665 231 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Barbara M. Henley Given under our hands this 8th A copy teste: Electoral Board Seal day of November, 2010. ( , Chairman ,e Chairman , Secretary Ictoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOLBOARD AT LARGE ENTERAT LARGE ORAPPROPRIATE DISTRICT, WARD OR BOROUGH NAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (1N FIGURES) Todd C. Davidson 43,070 Dorothy M. "Dottie" Holtz 46,369 D. Scott Seery 36,072 Total Write -In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 640 [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office............•..••.....•........•••••.......••••........•••• We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Todd C. Davidson Given under our hands this 8th A copy teste: Electoral Board Seal Dorothy M. "Dottie" Holtz day of November, 2010. , Chairman ce Chairman , Secretary :ctoral Board ABSTRACT OF VOTES Cast in the County/City of Virginia Beach , Virginia, at the November 2, 2010 Special Election, for: MEMBER SCHOOL BOARD AT LARGE ENTERATLARGEORAPPROPRIATEDGTRICTOR WARD NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT Ashley K. McLeod TOTAL VOTES RECEIVED (IN FIGURES) 60,298 Gertrude H. "Bunny" Waugh 23,905 Total Write -In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] .................... :..................... ....... Total Number of Overvotes for Office 367 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Ashley K. McLeod Given under our hands this 8th day of November, 2010. A copy teste: Electoral Board Seal , Chairman ce Chairman , Secretary :ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOL BOARD BAYsIDE ENTERATLARGEORAPPROPRIATE DISTRICT, WARDOR BOROUGH NAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES Carray Banks, Jr. 26,743 Carolyn D. Weems 61,013 Total Write -In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 214 [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office ........................................................... 6 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Carolvn D. Weems Given under our hands this 8th A copy teste: Electoral Board Seal day of November, 2010. , Chairman -e Chairman , Secretary :ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOL BOARD BEACH ENTERATLARGEORAPPROPRIATE DISTRICT, WARD OR BOROUGH NAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES) Sam G. Reid 75,015 Total Write-in Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 594 [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Sam G. Reid Given under our hands this 8th day of November, 2010. A copy teste: Electoral Board Seal Chairman -e Chairman , Secretary :ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOL BOARD LYNNHAVEN ENTERATLARGEORAPPROPRIATE DISTRICT, WARD OR BOROUGH NAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES) Emma L. "Em" Davis75,940 Total Write -In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 527 [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Emma L. "Em" Davis Given under our hands this 8th A copy teste: Electoral Board Seal day of November, 2010. ,� , Chairman :e Chairman , Secretary ,ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOLBOARD PRINCESS ANNE ENTERATLARGE ORAPPROPRIATE DISTRICT, WARD ORBOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT William J. "Bill' Brunke IV Total Write -Irl Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ................................................. Total Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES) 75,064 504 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: William J. "Bill' Brunke IV Given under our hands this 8th A copy teste: Electoral Board Seal day of November, 2010. , Chairman ce Chairman , Secretary ,ctoral Board CITY OF VIRGINIA BEACH BRIEFING: SUMMARY OF COUNCIL ACTIONS COUNCIL POLICY ON CHANGE OF Andrew Friedman DATE: 11/9/2010 B USE FOR MOBILE HOME PARKS - Director, PAGE: 1 E D S Housing and 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 Y T I P E E E E M I O O O S H L R Y S S N N D I. BRIEFING: COUNCIL POLICY ON CHANGE OF Andrew Friedman USE FOR MOBILE HOME PARKS - Director, Housing and Neighborhood Preservation IVIIVIVN/ CERTIFICATE OF CLOSED CERTIFIED 9-0 Y A Y Y Y Y A Y Y Y Y E SESSION F-1 MINUTES — October 26, 2010 APPROVED 9-0 Y A Y Y Y Y A Y Y Y Y G/H/-1. Resolutions to REQUEST VDOT ADOPTED, BY 10-0 Y Y Y Y Y Y A Y Y Y ?r establish the following projects: CONSENT a. Highway Safety Improvement b. Congestion Mitigation/Quality Improvement 2 Ordinances to AUTHORIZE ADOPTED, BY 10-0 Y Y Y Y Y Y A Y Y Y S' reimbursement to City employees for legal CONSENT expenses incurred in successful defense of charges re discharge of official duties: 51,000.00/$1,083.60 Convention and Visitors Bureau 3 Ordinance to ACCEPT/ ADOPTED, BY 10-0 y y y y y y A y y y } APPROPRIATE $10,122,000 from CONSENT VDOT/FHWA/CMAP re pedestrian/traffic safety/Federal Earmark for Lesner Bridge replacement K-1 MARK COOKE Nonconforming Use re DEFERRED 10-0 Y Y Y Y Y Y A Y Y Y Y garage apartment/single family dwelling at TO 11/23/10 BY 6102 Oceanfront Avenue (DISTRICT 5 — CONSENT LYNNHAVEN) 2 PONTIAC ARMS APARTMENTS, APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y INC. Modification of Conditions CONDITIONED (approved March 10, 2009) re artist's BY CONSENT gallery at 2016 Arctic Avenue (DISTRICT 6 — BEACH) 3 WELLINGTON FARM, APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y LLC/DAVID/TAUNIA REED CONDITIONED Modification of Conditions 3/4 at 3125 BY CONSENT Hungarian Road (DISTRICT 7 — PRINCESS ANNE) CITY OF VIRGINIA BEACH COMMONWEALTH VIRGINIA APPROVED/ 10-0 Y Y Y Y Y Y A Y SUMMARY OF COUNCIL ACTIONS Y Y BEACH, L.L.C. at 445 Kings Grant PROFFERED/ DATE: 11/9/2010 B Road (DISTRICT 5 — LYNNHAVEN): CONDITIONED, PAGE: 2 E D S BY CONSENT 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 Y T I P E E E E M I O O O S H L R Y S S N N D 4 COMMONWEALTH VIRGINIA APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y BEACH, L.L.C. at 445 Kings Grant PROFFERED/ Road (DISTRICT 5 — LYNNHAVEN): CONDITIONED, BY CONSENT a. COZ from B-2 to Conditional 0-2 b. CUP re Sanatorium 5 INTEGRATED LIVING APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y COMMUNITIES OF VIRGINIA CONDITIONED BEACH, LLC A/K/A KINGS BY CONSENT GRANT HOUSE Modification of Conditions, (approved March 14, 1988) at 440 North Lynnhaven Road. DISTRICT 5 — LYNNHAVEN . 6 SAINT AIDAN'S EPISCOPAL APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y CHURCH Modification of Conditions CONDITIONED (approved April 13, 1999) at 3201 BY CONSENT Edinburgh Drive (DISTRICT 5 — LYNNHAVEN) 7 CITY to AMEND CZO/define ADOPTED 10-0 Y Y Y Y Y Y A Y Y Y Y "Environmental Education BY CONSENT Center"/allow Conditional Use in P- 1/ADD new Section to establish Standards Of Use. L. APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S 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 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 11/9/2010 B PAGE: 3 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 MM/0 ADJOURNMENT 6:05PM PUBLIC COMMENT 8 speakers CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010