JULY 5, 2011 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILL/AM D. SESSOMS, JR., At-Large
VICE MAYOR LOG7S R. JONES, Bayside -District 4
GLENN R. DAMS, Rose Hall -District 3
W/LL/AM R. DeSTIsPH, At-Large
HARRY E. DIEZEL, Kempsville -District 2
ROBERT M DYER. Centerville -District
~' B.ARBARA M HENLEY, Princess Anne -District 7
JONN E. UHR/N, Beach -District 6
ROSEMARY WILSON, At-Large
JAMES /,. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
C/TY MANAGER -JAMES K. SPORE
CITY ATTORNEY MARK D. ST/1,F,S
CITY ASSESSOR - JF,RALD D. BANAGAN
CITY AUD/TOR - /,YNDON S. REM/AS
C/TY CLERK - RU"l'H HODGES FRASER, MMC
CITY COUNCIL AGENDA
5 July 2011
I. CITY MANAGER'S BRIEFING
1. SEVERE REPETITIVE LOSS Program
Dave Hansen, Deputy City Manager
II II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
I V. INFORMAL SESSION
-Conference Room -
- Conference Room -
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
CITY HALL B UILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757J 385-5669
E-MAIL: Ctycncl@vbgov.com
5:00 PM
5:45 PM I
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION -City Council Chamber - 6:00 PM
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Clarence McPherson, Pastor
Turning Point Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
H. CONSENT AGENDA
I. PUBLIC HEARINGS
1. 2011-12 CAPITAL BUDGET AMENDMENT
$10,918,000 in Roadway Projects
2. ELECTION POLLING PRECINCTS - Creation/Modification
J. ORDINANCE/RESOLUTION
June 28, 2011
1. Ordinance to AMEND § 10-1 of the City Code re Election Polling Precinct and District changes
2. Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with the
FY2012-13 Budget process
K. PLANNING
Application of RONALD F. and M. ANITA RASH and MICHAEL and CYNTHIA L.
CROWDER fora Nonconforming Use re enlargement of an existing dwelling at 110 60tH
Street (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION
APPROVAL
2. Application of MARK E. THOMASSY and GEORGE BASKERVILLE for a Nonconforming
Use re enlargement of an existing dwelling at 106 62°d Street (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION
APPROVAL
3. Application of JAMES ROE and RPA SALEM-ELBOW, LLC for Modification of a
Conditional Use Permit (approved October 10, 2006) re movie vending machine (Redbox) at a
convenience store at 2105 Salem Road (DISTRICT 1 - CENTERVILLE)
STAFF RECOMMENDS: ALTERNATIVE LOCATION
PLANNING COMMISSION RECOMMENDS: APPROVAL WITH RELOCATION
4. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES and NEWTOWN
SQUARE ASSOCIATES, LLC for Modification of Conditional Use Permit (approved May 11,
2010) re enlargement of a religious use at 544 Newtown Road (DISTRICT 2 -KEMPSVILLE)
RECOMMENDATION
APPROVAL
5. Application of BRADFORD W. HARRELL for a Conditional Use Permit re skateboard ramp
at 3217 Little Island Road (DISTRICT 7 -PRINCESS ANNE)
RECOMMENDATION
APPROVAL
6. Application of OLD DOMINION SOCCER CLUB for a Conditional Use Permit re lighted
soccer fields on Open Space at Calvary Assembly of God at 4925 Providence Road (DISTRICT
2 -KEMPSVILLE)
RECOMMENDATION
APPROVAL
7. Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification
from B-2 Business to Conditional I-1 Industrial at 2656 Lishelle Place (DISTRICT 6 -BEACH)
RECOMMENDATION APPROVAL
L. APPOINTMENTS
BAYFRONT ADVISORY COMMITTEE
COMMUNITY SERVICES BOARD
HISTORICAL REVIEW BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY COUNCIL RETREAT
FRIDAYAUGUST 5, 2011
8:00-S:OOP.M.
ECONOMIC
DEVELOPMENT
NATIONAL NIGHT OUT
OCTOBER 4, 2011
I. CITY MANAGER'S BRIEFING -Conference Room - 5:00 PM
I. SEVERE REPETITIVE LOSS Program
Dave Hansen, Deputy City Manager
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION -Conference Room - 5:45 PM
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION -City Council Chamber - 6:00 PM ~~
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Clarence McPherson, Pastor
Turning Point Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS June 28, 2011
G. FORMAL SESSION AGENDA
H. PUBLIC HEARINGS
2011-12 CAPITAL BUDGET AMENDMENT
$10,918,000 in Roadway Projects
2. ELECTION POLLING PRECINCTS - Creation/Modification
PUBLIC HEARING
AMENDMENT TO THE Flf 2011-12
CAPITAL BUDGET:
Appropriation of 510,918,000 for
Roadway Projects
On Tuesday, July 5, 2011, at 6:00 p.m, in the City Council
Chamber on the second floor of the City Hall Building, 2401
Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City
Council will hold a Public Hearing on a proposed amendment to
the FY 2011-12 Capital Budget.
The amendment is necessary to appropriate, by ordinance or
ordinances, $10,918,000 in additional funding in the FY 2011-12
Capital Budget, with $8,418,000 from the Virginia Department of
Transportation and the Federal Highway Administration:
1. Capital Project # 2-178, "Highway Safety Improvement
Program," to finance safety and capacity improvements
for the following roadways and intersections to improve
sight distances and reduce collisions, as follows:
• $749,000 to offset left turn lanes Into the median
at the intersection of Dam Neck Road and
Harpers Road.
• $560,000 to offset left turn lanes into the median
at the intersection of Shore Drive and Lake Shores
Road (Gate 3).
• $500,000 to install pedestrian signals and ADA
ramps at five existing signalized intersections on
Providence Road from Kempsville Road to Military
Highway, and to add missing sidewalk sections
along the corridor.
2. Capital Project # 2-145, "Wesleyan Drive (First Cities
Project)," will be increased by $4,109,000 to include
the construction of Norfolk's portion of the four-lane
expansion from the Norfolk's east city line to
Northampton Blvd., which will be managed by the City
of Virginia Beach.
3. Capital Project # 2-152, "Elbow Road Extended -Phase
II (First Cities Project)," will be increased by
$2,500,000 from the State and a $2,500,000 local
match from the fund balance of the City General fund
to initiate right-of-way purchases.
These Hearings are open to the public and all interested citizens
will have an opportunity to be heard. Individuals desiring to
provide written comments may do so by contacting the City
Clerk's Office at 385-4303. If you are physically disabled or
visually impaired and need assistance at this meeting, please call
385-4303. Hearing impaired, TDD - 711.
Ruth Hodges Fraser, MMC
City Clerk
Beacon June 26, 2011 22510016
%'
PUBLIC HEARING
CREATION OF A NEW VOTING
PRECINCT AND POLLING
PLACE, MODIFICATION OF
PRECINCT BOUNDARIES, AND
CHANGE OF POLLING PLACE
CITY OF VIRGINIA BEACH
The City Council of Virginia Beach,
Virginia at its formal session on July
5„ 2011 at 6:00 P.M., will consider
an ordinance (i) to create one new
precinct and polling place, (ii) to
consolidate three existing precincts
into two precincts, and (iii) modify
precinct boundaries.
The new precinct, Chimney Hill, will
be made from portions of Green Run
and Holland precincts.
The ordinance proposes that the
Reon Precinct become absorbed by
the Avalon and the College Park
precincts.
The number of the Reon precinct,
(080), will be assigned to the
Chimney Hill precinct.
Changes to existing boundary lines
are proposed for the following
precincts: Chesapeake Beach,
Shelton Park, Bayside and Shell, Old
Donation, Aragona, Davis Corner,
Avalon, College Park, Edwin and
Rosemont Forest, Green Run and
Holland, Magic Hollow and
Brookwood.
After adoption by City Council, these
changes will become effective
following approval by the United
States Department of Justice,
pursuant to the Voting Rights Act of
1965, as amended, and will be
effective for the August 23, 2011,
Primary Election. Descriptions and
maps of the polling place changes,
as well as a copy of the aforesaid
ordinance, may be inspected in the
Voter Registrar's Office, which is
located at 2449 Princess Anne Road,
Municipal Center, Building 14,
Virginia Beach, Virginia, 23456.
The Public Hearing will be
conducted in the City Council
Chamber of the Administration
Building (Building #1) at the
Municipal Center. If you are
physically disabled or visually
impaired and need assistance at this
meeting, please call the CITY
CIERK'S OFFICE at 385303;
Hearing impaired, call: TDD only 711
(TDD -Telephonic Device for the
Deaf).
Ruth Hodges Fraser, MMC
City Clerk
Beacon June 26 & July 3, 2011
22508289
CONSENT AGENDA
J. ORDINANCE/RESOLUTION
1. Ordinance to AMEND § 10-1 of the City Code re Election Polling Precinct and District changes
2. Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with the
FY2012-13 Budget process
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 10-1 of the City Code to Add the Chimney
Hill Precinct, to Consolidate the Avalon, College Park and Reon Precincts into
Avalon and College Park, which Results in the Deletion of the Reon Precinct,
to Change the Polling Location of the Bonney Precinct, and to Approve
Related Precinct Boundary Changes, as Required by Population Changes
Reflected in the 2010 Census and State Redistricting
MEETING DATE: July 5, 2011
^ Background: The redistricting of the House of Delegates and the State Senate
has made it necessary to make changes to a number of precincts.
• The Chimney Hill Precinct will be established within the current boundaries of the
Holland and Green Run precincts. The polling place for the Chimney Hill precinct
will be the Congregation Beth Chaverim.
Three precincts -Avalon, College Park, and Reon -will be consolidated into two
precincts, which results in the deletion of the Reon Precinct.
• Boundary changes are required between the following precinct boundaries:
o Chesapeake Beach and Shelton Park;
o Bayside and Shell;
o Davis Corner, Old Donation, and Aragona;
o Magic Hollow and Brookwood; and
o Rosemont Forest and Edwin.
Additionally, the Bonney Precinct will have a change in polling place. The new polling
place for Bonney Precinct will be Holland Road Baptist Church. Last, the number that
was formerly assigned to Reon Precinct (0080) will be assigned to Chimney Hill.
^ Considerations: All of the precinct locations meet the requirements of the
Americans with Disabilities Act. If adopted by Council, this change will become effective
upon approval by the U.S. Department of Justice, pursuant to the Voting Rights Act of
1965, as amended, beginning with the August 23, 2011 Primary Election (if a primary
election is held).
^ Public Information: Public notice of the proposed change was published in the
Beacon on June 26 and July 3, and this item also was advertised in the same manner
as all other agenda items. All voters in the precinct will receive new voter cards with the
name and address of the new polling location. Finally, advertisements will be placed in
the newspaper prior to the next election to the August 23, 2011 Primary Election (if one
is held) and also prior to the November 8, 2011 General Election.
^ Attachments: Ordinance and Maps
Recommended Action: Approval
Submitting Department/Agency: Voter Registrar ,~~ ~ c,~~ ,,/
City Manager: S ~ dom..
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AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY
CODE TO ADD THE CHIMNEY HILL PRECINCT, TO
CONSOLIDATE THE AVALON, COLLEGE PARK AND
REON PRECINCTS INTO AVALON AND COLLEGE PARK,
WHICH RESULTS IN THE DELETION OF THE REON
PRECINCT, TO CHANGE THE POLLING LOCATION OF
THE BONNEY PRECINCT, AND TO APPROVE RELATED
PRECINCT BOUNDARY CHANGES, AS REQUIRED BY
POPULATION CHANGES REFLECTED IN THE 2010
CENSUS AND STATE REDISTRICTING
SECTION AMENDED: § 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the City Code is hereby amended and reordained, to read
as follows:
Sec. 10-1. Establishment of precincts and polling places.
There are hereby established in the city the following precincts and their
respective polling places, as set forth below:
Precinct Polling Place
Alanton Alanton Elementary School
Aragona Kemps Landing Magnet School
Arrowhead Arrowhead Elementary School
Avalon Avalon Church of Christ
Baker Ebenezer Baptist Church
Bayside Bayside Elementary School
Bellamy Salem Middle School
Blackwater Blackwater Fire Station
Bonney Holland Road Baptist Church
~rni~
R°~ 1/~/ill R~r,+ic+ (`h~ irnh
Brandon ~
Brandon Middle School
Brookwood Bow Creek Recreation Center
Buckner Green Run Baptist Church
Cape Henry Research and Enlightenment Building
Cayce Library)
Capps Shop Back Bay Christian Assembly
Centerville Centerville Elementary School
Chesapeake Beach Bayside Baptist Church
Chimney Hill Congregation Beth Chaverim
College Park College Park Elementary School
(Edgar
1
47 Colonial Colonial Baptist Church
48 Colony Lynnhaven Colony Congregational Church
49 Corporate Landing Corporate Landing Middle School
50 Courthouse Courthouse Fire Station
51 Creeds Creeds Fire Station
52 Cromwell Salem United Methodist Church
53 Culver Ocean Lakes High School
54 Dahlia Green Run High School
55 Davis Corner Bettie F. Williams Elementary School
56 Eastern Shore Eastern Shore Chapel
57 Edinburgh St. Aidan's Episcopal Church
58 Edwin Kempsville Recreation Center
59 Fairfield Kempsville Presbyterian Church
60 Foxfire Princess Anne Middle School
61 Glenwood Glenwood Elementary School
62 Great Neck All Saints Episcopal Church
63 Green Run Green Run Elementary School
64 Haygood Haygood United Methodist Church
65 Hillcrest Pfesiflst Victory Baptist Church
66 Holland Holland Elementary School
67 Homestead Providence Presbyterian Church
68 Hunt Princess Anne Recreation Center
69 Indian Lakes Indian Lakes Elementary School
70 Kings Grant St. Nicholas Catholic Church
71 Kingston King's Grant Presbyterian Church
72 Lake Christopher New Convenant Presbyterian Church
73 Lake Joyce Morning Star Baptist Church
74 Lake Smith Bayside Church of Christ
75 Landstown Landstown Community Church
76 Larkspur St. Andrews United Methodist Church
77 Lexington Kempsville Church of God
78 Linkhorn Virginia Beach Community Chapel
79 Little Neck Lynnhaven United Methodist Church
80 London Bridge London Bridge Baptist Church
81 Lynnhaven Grace Bible Church
82 Magic Hollow Virginia Beach Moose Family Center
83 Malibu Malibu Elementary School
84 Manor Providence Elementary School
85 Mt. Trashmore Windsor Woods Elementary School
86 Newtown Good Samaritan Episcopal Church
87 North Beach Galilee Episcopal Church
88 North Landing Hope Haven
89 Ocean Lakes Ocean Lakes Elementary School
90 Ocean Park Bayside Community Recreation Center
91 Oceana Scott Memorial United Methodist Church
92 Old Donation Old Donation Center for Gifted
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Pembroke Pembroke Elementary School
Pinewood Lynnhaven Presbyterian Church
Plaza Lynnhaven Elementary School
Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex
Point O'View Kempsville Church of Christ
Red Wing
R Fraternal Order of Police, Lodge #8
1A/i+~rl~+nnL Clomcr~+~ni Cnhnnl
Rock Lake Salem Elementary School
Rosemont Forest Rosemont Forest Elementary School
Roundhill
Rudee
Seatack
Shannon
Shelburne
Shell
Shelton Park
Sherry Park
Sigma
South Beach
113 Stratford Chase
114 Strawbridge
115 Tallwood
116 Thalia
117 Thoroughgood
118 Timberlake
119 Trantwood
120 Upton
121 Village
122 Windsor Oaks
123 Witchduck
124 Wolfsnare
125 Central Absentee Voter
Salem High School
Virginia Beach Volunteer Rescue Squad
Building
Mount Olive Baptist Church
Church of the Ascension
Christopher Farms Elementary School
Unity Church of Tidewater
Shelton Park Elementary
St. Matthews Catholic Church
Red Mill Elementary School
Contemporary Art Center of Virginia
Community United Methodist Church
Strawbridge Elementary School
Tallwood Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Three Oaks Elementary School
Thalia Lynn Baptist Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Virginia Beach Christian Life Center
Agriculture/Voter Registrar Building
126 Precinct
127 Satellite Absentee Voter Courthouse Fire Station, Department of Motor
128 Precincts (only for November Vehicles Office-Donna Drive, Department of
129 Elections and Presidential Motor Vehicles Office-Buckner Boulevard
130 Primaries)
131
132 BE IT FURTHER ORDAINED:
133
134 That the following precinct boundaries, as described in detail in the maps labeled
135 "Precinct Boundary Changes" filed with the City Clerk on June 27, 2011, are
136 hereby approved:
137
138 The boundary between Chesapeake Beach and Shelton Park;
3
139 The boundary between Bayside and Shell;
140 The boundary between Davis Corner, Old Donation, and Aragona;
141 The boundary between Magic Hollow and Brookwood; and
142 The boundary between Rosemont Forest and Edwin.
143 Adopted by the City Council of the City of Virginia Beach, Virginia, on this
144 day of , 2011.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
/ fG~'~.~
Voter Registrar
CA11364
R-1
June 24, 2011
J
i y ey's Office
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VBgov.com
EDITH M. HARRINGTON P.O. BOX s2a7
VOTER REGISTRAR VIRGINIA BEACH, VIRGINIA 23456-0247
(757) 385-8683
FAX (757) 385-5632
TDD 711
www.vbgov.com/voter
June 28, 2011
The Honorable William D. Sessoms, Jr., Mayor
and City Council Members
City Hall Building # 1
Municipal Center
Virginia Beach, Virginia 23456
Dear Mayor and Council Members,
On your agenda for July 5, 2011, is an ordinance for five (5) precinct
boundary changes and four (4) polling/precinct location changes. These changes
will be effective for the next General Election on November 8, 2011.
Enclosed please find maps that have been marked to show the changes. If
you have any questions about this matter, please feel free to call me at 385-8683.
Sincerely,
~ ~ ~~ ~~
~~1 ~"
~~~~
Edith M. "Pat" Harrington
Voter Registrar
EH:cs
Enclosures
Precinct Boundary Changes:
MAP 1: Chesapeake Beach and Shelton Park;
MAP 2: Bayside and Shell;
MAP 3: Davis Corner, Old Donation, and Aragona;
MAP 4: Magic Hollow and Brookwood; and
MAP 5: Rosemont Forest and Edwin.
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MAP 2 020 Bayside
83rd House of Delegates
7th State Senate
Portion of 069 Shell Precinct moved to Bayside Precinct due to
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5649 Bayside Road
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4~a 90th House of Delegates 85`h House of Delegates
7th State Senate 7th State Senate
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~ part of Aragona Precinct moved to Davis Corner Precinct due to
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„a Kemps Landing Magnet School
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;P~. Part Aragona Precinct to precinct 021 at
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Q
892 Newtown Road
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~ A~, ~"~' '~. ~, Portion of 055 Magic Hollow Precinct moved to 077 Brookwood
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~& ~~ ~~ 21ST House of Delegates
~`~ q~;~~ ~= 14`h State Senate
~ o$. ~; `~` Portion of 027 Edwin Precinct moved to 064 Rosemont Forest
~-~ Wes..' Precinct due to redistricting.
:~ Polling Location:
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Map 6
Consolidation of Avalon, College Park, and
Reon into Avalon and College Park
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90th House of Delegates 85`h House of Delegates i
7th State Senate 7`h State Senate
Split the 080 Reon Precinct with part in the 041College Park
Precinct and part in the 025 Avalon Precinct due to redistricting.
Reon Precinct has been moved and renamed Chimney Hill.
„4P ~~
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Polling Locations:
Tallwood Part Old College Park Precinct (041) at
00 Q~ College Park Elementary School
v 1110 Bennington Road
Part Old Avalon Precinct (025) at Avalon Church of Christ
~u~ 844 Woodstock Road
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MAP 6
OLD gyres
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Map 7
Creation of Chimney Hill Precinct within
the current boundaries of the Holland
Precinct and the Green Run Precinct
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~~ p4 `" MAP 7~ ~ 080 chimney Fii
r h ;~
`~ rt,~.~-~ 84`h House of Delegates ! ;,
m8 acs'
~"~~~N~ f ,.`~ 8th State Senate
Portion of 029 Holland Precinct and portion of 046 Green Precinct
~„ s~
y ~W~, ' ~r~;"` moved to new Chimney Hill Precinct due to redistricting.
~~,~ ~ New polling location:
...~,.~,;,d;.
Congregation Beth Chaverim
x ~-~~`'"~~~~.~rr ~ eI' 3820 Stoneshore Road
y ~. ,~, ~~
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Map 8
Change in polling location for Bonney
Precinct
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~r]6- NTVL rc~vi~e nce R~.FAN 9 I`~~~~ ~~f° ~ b'{a ~` n'Wco F ~ rW.
u.~sr veuD :RD 6 ° b a SV ecreation Center
xN~N ~~~~T9-~ ~ 9 e ~h ~eria~ H>oQ~ Ke~psvil ~~~ x~ - p ~ ~ ®> Q o~ ~~
Mq~ ~~+tr~ vN ,RO$ ~ Fwrs~ Presbyter" ns r ~r~a~ ~ ~ -` s~ ~`~' '~P
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~,,, 55~~ MAP 8 040 Bonney
~'K~ g .~~°°" g ~"$ :~°`~°"~`~ ~Qw,~ ~ ~ ~ 85cn House of Delegates
~, ~~, ~ ~~- s . - _ ,~_: _ , _ .. _ .~ ..._a ~cn State Senate
To accommodate the need for a new polling location.
New polling location: ~
Holland Road Baptist Church
4881 Euclid Road ~
II i
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a~~=~..~~._a --._°`°>~, - MAP 8
OLD
Map 9
Assignment of Precinct number 0080 from
Reon to Chimney Hill
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Resume the Biennial Budget Process and to Make the Process
a Rolling Biennial Budget
MEETING DATE: July 5, 2011
^ Background: The City adopted a biennial budget process in FY 2005-06
as a way to improve the planning and forecasting of resource management decisions
before suspending that process as part of the FY 2010-11 Operating Budget. For these
biennial budgets, the City developed the budget using a fixed two-year or "classic
biennial budget" structure.
Much debate surrounding the FY 2011-12 Operating Budget centered around its
impacts on the FY 2012-13 budget year. A "rolling biennial budget" process is a two-
year budget structure where the second year is always a planning year. Utilization of a
rolling biennial budget allows for the adoption of the upcoming fiscal year budget while
taking into consideration the following year's revenues and expenditures for planning
purposes.
This item was deferred June 28, 2011.
^ Considerations: It is common for governmental bodies to produce
biennial budgets for short and long term financial planning. The City Council prides
itself on making prudent financial decisions, taking into account present and projected
economic indicators. This resolution would provide that the City will resume the
preparation of its budget on a biennial, rather than an annual, basis, beginning with the
FY 2012-13 budget process. Additionally, the process would be structured as a rolling
biennial budget with the second year as a planning year.
^ Public Information: Public information will be provided through the normal
Council agenda process. This item was deferred by City Council on June 14, 2011.
^ Attachments: Resolution; Biennial Budget Process Graphic
Requested by Councilmember Davis
REQUESTED BY COUNCILMEMBER DAVIS
1
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A RESOLUTION TO RESUME THE BIENNIAL BUDGET
PROCESS AND TO MAKE THE PROCESS A ROLLING
BIENNIAL BUDGET
WHEREAS, it is common for governmental bodies to produce biennial budgets
for short and long term financial planning; and
WHEREAS, a biennial budget process may be structured as a "classic biennial
budget," where the budget covers a fixed two-year period, or a "rolling biennial budget,"
where the two-year budget is undertaken each year and the second year is always a
planning year; and
WHEREAS, the City adopted a biennial budget process in FY 2005-06 as a way
to improve the planning and forecasting of resource management decisions before
suspending that process as part of the FY 2010-11 budget process; and
WHEREAS, the biennial budget process previously utilized by the City was a
classic biennial budget; and
WHEREAS, much debate surrounding the City's 2011-12 budget centered
around its impacts on the 2012-13 budget; and
WHEREAS, the City Council prides itself on making prudent financial decisions,
taking into account present and projected economic indicators; and
WHEREAS, the City Council desires to resume the biennial budget process with
the development of the budget utilizing a rolling biennial budget structure;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach will resume the preparation of its budget on a
biennial rather than an annual basis beginning with the FY 2012-13 budget, which will
be structured as a rolling biennial budget.
Adopted by the Council of the City of Virginia Beach, Virginia, on this day
of , 2011.
APPROVED AS TO LEGAL SUFFICIENCY:
~`
Ci y tto ice
CA11878 / R-4 /May 25, 2011
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K. PLANNING
1. Application of RONALD F. and M. ANITA RASH and MICHAEL and CYNTHIA L.
CROWDER fora Nonconforming Use re enlargement of an existing dwelling at 110 60`h
Street (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION
APPROVAL
2. Application of MARK E. THOMASSY and GEORGE BASKERVILLE for a Nonconforming
Use re enlargement of an existing dwelling at 106 62"d Street (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION
APPROVAL
3. Application of JAMES ROE and RPA SALEM-ELBOW, LLC for Modification of a
Conditional Use Permit (approved October 10, 2006) re movie vending machine (Redbox) at a
convenience store at 2105 Salem Road (DISTRICT 1 - CENTERVILLE)
STAFF RECOMMENDS: ALTERNATIVE LOCATION
PLANNING COMMISSION RECOMMENDS: APPROVAL WITH RELOCATION
4. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES and NEWTOWN
SQUARE ASSOCIATES, LLC for Modification of Conditional Use Permit (approved May 11,
2010) re enlargement of a religious use at 544 Newtown Road (DISTRICT 2 -KEMPSVILLE)
RECOMMENDATION
APPROVAL
5. Application of BRADFORD W. HARRELL for a Conditional Use Permit re skateboard ramp
at 3217 Little Island Road (DISTRICT 7 -PRINCESS ANNE)
RECOMMENDATION
APPROVAL
6. Application of OLD DOMINION SOCCER CLUB for a Conditional Use Permit re lighted
soccer fields on Open Space at Calvary Assembly of God at 4925 Providence Road (DISTRICT
2 -KEMPSVILLE)
RECOMMENDATION
APPROVAL
7. Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification
from B-2 Business to Conditional I-1 Industrial at 2656 Lishelle Place (DISTRICT 6 -BEACH)
RECOMMENDATION
APPROVAL
~ ^'4 f, ~)
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NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet
in the Chamber at City Hall,
Municipal Center, 2401 Courthouse
Drive, Tuesday, July 5, 2011, at 6:00
p.m. The following applications will
be heard:
BEACH DISTRICT
City Of Virginia Beach (LISHELLE
PLACE) Application: Chance of
Toning District Classification from B-
2 to Conditional I-1 at 2656 Lishelle
Place (GPIN 1496544149).
Comprehensive Plan - Suburban
Area.
PRINCESS ANNE DISTRICT
Bradford W. Harrell Application:
Conditional Use Permit for an
outdoor recreational facility at 3217
Little Island Road (GPIN
2433405399).
KEMPSVILLE DISTRICT
Believer's House World Wide
Ministries/Newtown Square
Associates, LLC Application:
P rmi at 544 Newtown Road, Suite
118 (GPIN 1468303340).
Old Dominion Soccer Club (ODSC)
Application: Conditional Use Permit
for an outdoor recreational facility at
4925 Providence Road (GPIN
1466928004).
CENTERVILLE DISTRICT
James Roe/RPA Salem-Elbow, LLC,
Application: Modification of a
Conditional Use Permit at 2105
Salem Road (GPIN 1474879757).
LYNNHAVEN DISTRICT
Ronald F. and M. Anita Rash/Michael
and Cynthia L. Crower Application:
Nonconforming Use at 110 60«
Street (GPIN 24198105390020).
Mark E. Thomassy/ George
Baskerville Application:
Nonconforming Use at 106 62^^
Street (GPIN 2419 7 2 8382).
All interested citizens are invited to
attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances,
resolutions and amendments are on
file and may be examined in the
Department of Planning or online at
htto~//www vbgov.com/oc For
information call 385-4621.
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303.
BEACON June 19 & 26, 2011
22498221
BEACH
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Non-Conform/ng Use -Addition
ZONING HISTORY
# DATE REQUEST ACTION
1 3/14/00 SUBDIVISION VARIANCE APPROVED
2 1/11/07 ALTERATION TO NONCONFORMING USE WITHDRAWN
3 7/8/06 SUBDIVISION VARIANCE APPROVED
4 12/12/00 ALTERATION TO NONCONFORMING USE APPROVED
5 5/22/07 ALTERATION TO NONCONFORMING USE APPROVED
RONALD F. & M. ANITA RASH
JULY 5, 2011 City Council Meeting
Page 7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RONALD F. & M. ANITA RASH/MICHAEL & CYNTHIA L. CROWDER,
Enlargement of a Nonconforming Use, 110 60th Street (GPIN 24198105390020).
LYNNHAVEN DISTRICT.
MEETING DATE: July 5, 2011
^ Background: The site is developed with two single-family dwellings, 110 A and
B 60th Street. The site was developed in the 1940's. There were no zoning regulations
at the time of development. The site is zoned R5-R Resort Residential. The R-5R
Resort Residential district permits asingle-family dwelling or a duplex per lot. The site is
nonconforming because two single-family dwellings exist on the lot.
The applicant is proposing to add a second floor and re-model the existing dwelling unit
located at 110 A 60th Street. The building elevation depicts a 2 story dwelling with a
gabled roof and dormers. A front porch and deck on the porch are also depicted. The
rendering calls out a brick foundation and HardiPlank siding. The design is similar to
and consistent with existing homes in the North End of the City. The proposed addition
will not encroach any farther into the setbacks or increase the lot coverage than what
currently exists.
The subject dwelling is 28 feet from 60th Street, 4 feet from the eastern property line (a
stoop is 1.8 feet from the line), 19 feet from the western property line, and 50 feet from
the adjacent dwelling. Several sheds are located within the 50 feet between units. A 28
foot wide by 16 foot in depth parking pad exists adjacent to 60th Street. The Zoning
ordinance requires parking spaces be dimensioned at 9 feet by 18 feet. There is
sufficient room to increase the depth of the spaces to meet the requirements of the
ordinance.
^ Considerations: Section 105(d) of the City Zoning Ordinance states that no
nonconforming use or structure shall be enlarged, extended, reconstructed, or
structurally altered unless the City Council finds that the proposed use will be "equally
appropriate or more appropriate to the district than is the existing nonconformity."
^ Recommendations: Staff concludes that the proposed enlargement is
reasonable, will have a minimal impact, and should be as appropriate to the
neighborhood as the existing non-conforming structure. 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 as submitted and conditioned below.
Ronald F. & Anita Rash/Michael & Cynthia L. Crower
Page2of2
1. The applicant shall submit certification from a structural engineer certifying
the integrity of the existing structure to support the second floor addition. The
required certification shall be submitted with the building plans to the Permits
and Inspections division of the Planning Department for review and approval
prior to any construction on the site.
2. The applicant shall increase the depth of the parking spaces to 18 feet. The
increase shall be constructed with a permeable paving system.
3. The second floor addition as well as the remodel of the structure shall
substantially comply with the submitted rendering entitled "Second Floor
Addition to the Rash Residence 110 A 60th Street". Said rendering has been
exhibited to the Virginia Beach City Council and is on file in the Virginia
Beach Planning Department.
4. Building materials shall consist of cement board siding and architectural
grade roofing shingles. The windows, doors, railing, and columns shall be
vinyl clad.
^ Attachments:
Staff Review and Disclosure Statements
Resolution
Location Map
Recommended Action: Staff recommends approval.
Submitting DepartmentlAgency: Planning Department
City Manager: S ~,
~,
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING
3 USE ON PROPERTY OWNED BY MARK E.
4 THOMASSY AND GEORGE BASKERVILLE
5 AND LOCATED AT 106 62ND STREET
6
7 WHEREAS, Mark E. Thomassy, (hereinafter the "Applicant") has made
8 application to the City Council for authorization to enlarge a nonconforming use having
9 the address of 106 62th Street, in the R-5R Resort Residential District, by enlarging the
10 single-family dwelling owned by Mark E. Thomassy; and
11
12 WHEREAS, there are two single-family dwellings on the same parcel which is not
13 allowed in the R-5R Zoning District; and
14
15 WHEREAS, George Baskerville owns the other single-family dwelling located on
16 the same parcel; and
17
18 WHEREAS, the two dwellings were constructed prior to the adoption of the
19 applicable zoning regulations and are therefore nonconforming; and
20
21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
22 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
23 City Council authorizing such action upon a finding that the proposed use, as enlarged,
24 will be equally appropriate or more appropriate to the zoning district than is the existing
25 use;
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Council hereby finds that the proposed use, as enlarged, will be
31 equally appropriate to the district as is the existing use under the conditions of approval
32 set forth hereinbelow.
33
34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
35 BEACH, VIRGINIA:
36
37 That the enlargement of the nonconforming use is hereby authorized, upon the
38 following conditions:
39
40 1. The applicant shall submit certification from a structural engineer certifying the
41 integrity of the existing structure to support the third floor addition. The required
42 certification shall be submitted with the building plans to the Permits and
43 Inspections division of the Planning Department for review and approval prior to
44 any construction on the site.
45
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47
48
49
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2. The applicant shall install two 9 foot by 18 foot parking spaces in the 10 foot strip
of land fronting Oceanfront Avenue. The parking spaces shall be constructed
with a permeable paving system.
3. The third floor addition as well as the remodel of the structure shall substantially
comply with the submitted elevations entitled "Proposed Side (East Elevation)
Thomassy Residence" and "Proposed Front (North) Elevation Thomassy
Residence", dated 01/14/2011. Said elevations have been exhibited to the
Virginia Beach City Council and are on file in the Virginia Beach Planning
Department.
4. Building materials shall consist of cement board siding and architectural grade
roofing shingles. The windows and doors shall be vinyl clad.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Planning Department °~~ _
City Attorney's Office
CA11926
R-1
June 22, 2011
BEACH
Na°A'oio~!~ak Konalcl r'. ~ M. Anita Kash
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Non-Conlorming Use - Addltlon
July 5, 2010 Public Hearing
APPLICANT:
RONALD F. & M.
AN ITA RAS H
PROPERTY OWNERS:
RONALD F. & M.
AN ITA RASH AN D
MICHAEL E. &
CYNTHIA L.
CROWDER
STAFF PLANNER: Faith Christie
REQUEST:
Enlargement of a Nonconforming Use
ADDRESS /DESCRIPTION: 110 A 60"' STREET
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24198105390020 (UNIT A) LYNNHAVEN 10,500 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests permission to add a second floor and re-model the existing dwelling unit located at
110 A 60th Street. The proposed addition will not encroach any farther into the setbacks or increase the lot
coverage than what currently exists. The site is developed with two single-family dwellings, 110 A and B
60th Street. The site was developed in the 1940's. There were no zoning regulations at the time of
development. The site is zoned R5-R Resort Residential. The R-5R Resort Residential district permits a
single-family dwelling or a duplex per lot. The site is nonconforming because two single-family dwellings
exist on the lot.
The submitted exhibit depicts two single-family dwellings. The subject dwelling is 28 feet from 60th Street,
4 feet from the eastern property line (a stoop is 1.8 feet from the line), 19 feet from the western property
line, and 50 feet from the adjacent dwelling. Several sheds are located within the 50 feet between units. A
28 foot wide by 16 foot in depth parking pad exists adjacent to 60th Street. The Zoning ordinance requires
parking spaces be dimensioned at 9 feet by 18 feet. There is sufficient room to increase the depth of the
spaces to meet the requirements of the ordinance.
RONALD F. & M. ANITA RASH
JULY 5, 2011 City Council Meeting
Page 1
The submitted elevation depicts a 2 story dwelling with a gabled roof and dormers. A front porch and deck
on the porch are also depicted. The rendering calls out a brick foundation and HardiPlank siding. The
design is similar to and consistent with existing homes in the North End of the City.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Two single-family dwellings occupy the site, as well as parking and landscaping.
SURROUNDING LAND North: 60th Street
USE AND ZONING: South: Single-family and duplex dwellings / R5-R Resort Residential
East: . Single-family and Duplex dwellings / R5-R Resort Residential
West: Single-family and duplex dwellings / R5-R Resort Residential
NATURAL RESOURCE AND There are no significant natural resources or cultural features associate~~
CULTURAL FEATURES: with the site.
COMPREHENSIVE PLAN: 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).
CITY SERVICES
City services are not affected by this request.
EVALUATION AND RECOMMENDATION
Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be
enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed
use will be "equally appropriate or more appropriate to the district than is the existing nonconformity."
Staff recommends approval of this request. The proposed enlargement is reasonable, will have a minimal
impact, and should be as appropriate to the district as the existing non-conforming use. 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 as
submitted and conditioned below.
CONDITIONS
1. The applicant shall submit certification from a structural engineer certifying the integrity of the existing
structure to support the second floor addition. The required certification shall be submitted with the
RONALD F. 8~ M. ANITA RASH
JULY 5, 2011 City Council Meeting
Page 2
building plans to the Permits and Inspections division of the Planning Department for review and
approval prior to any construction on the site.
The applicant shall increase the depth of the parking spaces to 18 feet. The increase shall be
constructed with a permeable paving system.
3. The second floor addition as well as the remodel of the structure shall substantially comply with the
submitted rendering entitled "Second Floor Addition to the Rash Residence 110 A 60th Street". Said
rendering has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach
Planning Department.
4. Building materials shall consist of cement board siding and architectural grade roofing shingles. The
windows, doors, railing, and columns shall be vinyl clad.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this application are valid or any structures may
be occupied.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(OPTED) concepts and strategies as they pertain to this sife.
RONALD F. & M. ANITA RASH
JULY 5, 2011 City Council Meeting
Page 3
AERIAL OF SITE LOCATION
RONALD F. & M. ANIT
JULY 5, 2011 City Council
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NORTH VIRGINIA BEACH CIVIC LEAGUE
ZONING REVIEW COMMITTEE
MEMO
Members of City Council
City of Virginia Beach
Friday, June 03, 2011
Re: Application of Ronald F. Rash and M. Anita Rash for an Enlargement of a
Non-Conforming Use on Property located at 110A - 60th Street.
The North Virginia Beach Civic League's (NVBCL) Zoning Review Committee has
reviewed the merits of this request and support the enlargement/modification of a non-
conforming use as presented. We feel that due to the fact that the dwelling was
constructed prior to the current zoning ordinance, the additions to the existing structure
are minor in nature and that the expansion does not pose any determent to adjacent
properties, the request has merit. We support the residential scale of this project
expansion.
The NVBCL requested in the past that the planning department study this type of
redevelopment in our neighborhood as an alternative to big box duplex development.
There is strong sentiment from the NVBCL to encourage detached units on single
properties similar to the redevelopment allowed by the Old Beach District Design
Guidelines. This type of development has been the mainstay of the North End for
decades with a primary structure at the front of the lot and a detached smaller garage
apartment or dwelling in the rear. This planning model results in smaller scale
structures, less impervious cover, and more open green space. We again make this
request of the city council and the planning department to study this option for R5R
zoning at the North End so that residents, owners, and developers may entertain this
design solution by-right.
Should there be any questions please contact me at 431- 1041 x 16.
Sincerely,
~~~ ~ .~
William D. Almond, FASLA
Chair, NVBCL Zoning Review Committee
RONALD F. & M. ANITA RASH
JULY 5, 2011 City Council Meeting
Page 8
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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)
,-
Ronald F. Rash & M. Anita Rash, husband and wife
2. List all businesses that have aparent-subsidiary' or affiliated business entity2
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)
11 0 60'h Street, a Condominium
Michael E. & Cynthia L. Crowder (own other unit)
2. List all businesses that have aparent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
X Check here if the property owner is NOT a corporation, partnership, firm, business
or other unincorporated organization.
8~ See next page for footnotes
DISCLOSURE STATEMENT
RONALD F. & M. ANITA RASH
JULY 5, 2011 City Council Meeting
Page 9
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)
WPL
VB Homes
Sykes, Bourdon, Ahern & Levy, P.C.
"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Govemment Conflict of
Interests Act, Va. Code § 2.2-3101.
z "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.
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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
co~ to the ~ tractions in this package.
Ronald F. Rash
Appli~cJa~nt's/Pr/o'~p`erty Owner's Signature Print Name
` iY/ 1. LGz.~~ RU~ M. Anita Rash
Applicant's/Property Owner's Signature Print Name
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DISCLOSURE STATEMENT
RONALD F. & M. ANITA RASH
JULY 5, 2011 City Council Meeting
Page 10
BEACH
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"Zoning wiffi Conditions:Proffers. Open
Space Promotion or PDF)•2 Overlays
Non-Conforming Use -Addition
ZONING HISTORY
# DATE REQUEST ACTION
1 6/24/08 ALTERATION TO NONCONFORMING USE APPROVED
2 1/8/08 SUBDIVISION VARIANCE APPROVED
3 4/14/09 ALTERATION TO NONCONFORMING USE APPROVED
4 11/9/10 ALTERATION TO NONCONFORMING USE APPROVED
MARK E. THOMASSY -106 62"" STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 9
..~. .;
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: MARK E. THOMASSY/GEORGE BASKERVILLE/106 62ND STREET
CONDOMINIUM, Enlargement of a Nonconforming Use, 106 62"d Street
(GPIN 2419728382). LYNNHAVEN DISTRICT.
MEETING DATE: July 5, 2011
^ Background: The site is developed with two single-family dwellings, 106 62"d
Street and 6109 Oceanfront Avenue. The site was developed in the 1940's. There were
no zoning regulations at the time of development. The site is zoned R5-R Resort
Residential. The R-5R Resort Residential district permits asingle-family dwelling or a
duplex per lot. The site is nonconforming because two single-family dwellings exist on
the lot.
The applicant is proposing to add a third floor and re-model the existing dwelling unit
located at 106 62"d Street. The building elevation depicts a 3 story dwelling with a
gabled roof. The design is similar to and consistent with existing homes in the North
End of the City. The existing floor area for both dwellings is approximately 4,300 square
feet. The proposed addition will increase the floor area by approximately 700 square
feet. The proposed addition will not encroach any farther into the setbacks or increase
the lot coverage than what currently exists.
The subject dwelling is 10 feet from 62"d Street, 1 foot from the western property line, 3
feet from the southern property line, and 10 feet from the adjacent dwelling. One parallel
parking space exists within the 10-foot setback from 62"d Street. The Zoning Ordinance
requires 2 parking spaces for single-family dwellings. The applicant cannot provide the
required spaces directly in front of his home; however there is a 10 foot by 60 foot area
accessed from Oceanfront Avenue that can accommodate the required parking.
^ Considerations: Section 105(d) of the City Zoning Ordinance states that no
nonconforming use or structure shall be enlarged, extended, reconstructed, or
structurally altered unless the City Council finds that the proposed use will be "equally
appropriate or more appropriate to the district than is the existing nonconformity."
^ Recommendations: Staff concludes that the proposed enlargement is
reasonable, will have a minimal impact, and should be as appropriate to the district as
the existing non-conforming use. 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 as
submitted and conditioned below.
Mark E. Thomassy/George Baskerville
Page 2 of 2
1. The applicant shall submit certification from a structural engineer certifying the
integrity of the existing structure to support the third floor addition. The required
certification shall be submitted with the building plans to the Permits and
Inspections division of the Planning Department for review and approval prior to
any construction on the site.
2. The applicant shall install two 9 foot by 18 foot parking spaces in the 10 foot strip
of land fronting Oceanfront Avenue. The parking spaces shall be constructed
with a permeable paving system.
3. The third floor addition as well as the remodel of the structure shall substantially
comply with the submitted elevations entitled "Proposed Side (East Elevation)
Thomassy Residence" and "Proposed Front (North) Elevation Thomassy
Residence", dated 01/14/2011. Said elevations have been exhibited to the
Virginia Beach City Council and are on file in the Virginia Beach Planning
Department.
4. Building materials shall consist of cement board siding and architectural grade
roofing shingles. The windows and doors shall be vinyl clad.
^ Attachments:
Staff Review and Disclosure Statements
Resolution
Location Map
Recommended Action: Staff recommends approval.
Submitting Department/Agency: Planning Department ~ •,..~
City Manager: S k, .
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A RESOLUTION AUTHORIZING THE
ENLARGEMENT OF A NONCONFORMING
USE ON PROPERTY OWNED BY RONALD
F. AND M. ANITA RASH AND MICHAEL AND
CYNTHIA CROWDER AND LOCATED AT 110
60T" STREET
WHEREAS, Ronald and Anita Rash, (hereinafter the "Applicants") have made
application to the City Council for authorization to enlarge a nonconforming use having
the address of 110 60th Street, in the R-5R Resort Residential District, by enlarging a
single-family dwelling owned by them; and
WHEREAS, there are two single-family dwellings on the same parcel which is not
allowed in the R-5R Zoning District; and
WHEREAS, Michael and Cynthia Crowder own the other single-family dwelling
located on the same parcel; and
WHEREAS, the two dwellings were constructed prior to the adoption of the
applicable zoning regulations and are therefore nonconforming; and
WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
enlargement of a nonconforming use is unlawful in the absence of a resolution of the
City Council authorizing such action upon a finding that the proposed use, as enlarged,
will be equally appropriate or more appropriate to the zoning district than is the existing
use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed use, as enlarged, will be
equally appropriate to the district as is the existing use under the conditions of approval
set forth hereinbelow.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the enlargement of the nonconforming use is hereby authorized, upon the
following conditions:
1. The applicant shall submit certification from a structural engineer certifying
the integrity of the existing structure to support the second floor addition. The
required certification shall be submitted with the building plans to the Permits
and Inspections division of the Planning Department for review and approval
prior to any construction on the site.
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
2. The applicant shall increase the depth of the parking spaces to 18 feet. The
increase shall be constructed with a permeable paving system.
3. The second floor addition as well as the remodel of the structure shall
substantially comply with the submitted rendering entitled "Second Floor
Addition to the Rash Residence 110 A 60th Street". Said rendering has been
exhibited to the Virginia Beach City Council and is on file in the Virginia
Beach Planning Department.
4. Building materials shall consist of cement board siding and architectural
grade roofing shingles. The windows, doors, railing, and columns shall be
vinyl clad.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2011.
APPROVED AS TO CONTENT:
~~ ~ ~~.
Planning Depa ~ r>lent
r
CA11926 ~~
R-1
June 22, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's ce
BEACH
°'"~"'-"- 11lark E. Thomassv & lOG 62nd St. Condominium
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Non•Coniorming Use - AddlNon
n
REQUEST:
Enlargement of a Nonconforming Use
ADDRESS /DESCRIPTION: 106 62nd Street
GPIN: ELECTION DISTRICT:
24197383820000 LYNNHAVEN
July 5, 2011 Public Hearing
APPLICANT:
MARK E.
THOMASSY & 10~
62ND STREET
CONDOMINIUM
PROPERTY OWNERS:
MARK E~.
THOMASSY
(UNIT 2) &
GEORGE
BASKERVILLE
(UNIT 1)
STAFF PLANNER: Faith Christie
SITE SIZE: AICUZ:
7,500 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests permission to add a third floor and re-model the existing dwelling unit located at
106 62"d Street. The proposed addition will not encroach any farther into the setbacks or increase the lot
coverage than what currently exists. The site is developed with two single-family dwellings, 106 62"d
Street and 6109 Oceanfront Avenue. The site was developed in the 1940's. There were no zoning
regulations at the time of development. The site is zoned R5-R Resort Residential. The R-5R Resort
Residential district permits asingle-family dwelling or a duplex per lot. The site is nonconforming because
two single-family dwellings exist on the lot.
MARK E. THOMASSY -106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 1
The submitted physical survey depicts two single-family dwellings, one facing Oceanfront Avenue, and
the subject dwelling facing 62"d Street. The subject dwelling is 10 feet from 62"d Street, 1 foot from the
western property line, 3 feet from the southern property line, and 10 feet from the adjacent dwelling. One
parallel parking space exists within the 10-foot setback from 62"d Street. The Zoning Ordinance requires 2
parking spaces for single-family dwellings. The applicant cannot provide the required spaces directly in
front of his home; however there is a 10 foot by 60 foot area accessed from Oceanfront Avenue that can
accommodate the required parking.
The submitted elevation depicts a 3 story dwelling with a gabled roof. The design is similar to and
consistent with existing homes in the North End of the City. The existing floor area for both dwellings is
approximately 4,300 square feet. The proposed addition will increase the floor area by approximately 700
square feet.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Two single-family dwellings occupy the site, as well as parking and landscaping.
SURROUNDING LAND North: g2"d Street
USE AND ZONING: South: . Single-family and duplex dwellings / R5-R Resort Residential
East: . Single-family dwelling / R5-R Resort Residential
West: . Single-family and duplex dwellings / R5-R Resort Residential
NATURAL RESOURCE AND There are no significant natural resources or cultural features associated
CULTURAL FEATURES: with the site.
COMPREHENSIVE PLAN: 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).
CITY SERVICES
City services are not affected by the request.
EVALUATION AND RECOMMENDATION
Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be
enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed
use will be "equally appropriate or more appropriate to the district than is the existing nonconformity."
The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the
district as the existing non-conforming use. The request is also in keeping with the vision of the North End
MARK E. THOMASSY -106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 2
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 as submitted and conditioned below.
CONDITIONS
1. The applicant shall submit certification from a structural engineer certifying the integrity of the existing
structure to support the third floor addition. The required certification shall be submitted with the
building plans to the Permits and Inspections division of the Planning Department for review and
approval prior to any construction on the site.
2. The applicant shall install two 9 foot by 18 foot parking spaces in the 10 foot strip of land fronting
Oceanfront Avenue. The parking spaces shall be constructed with a permeable paving system.
3. The third floor addition as well as the remodel of the structure shall substantially comply with the
submitted elevations entitled "Proposed Side (East Elevation) Thomassy Residence" and "Proposed
Front (North) Elevation Thomassy Residence", dated 01/14/2011. Said elevations have been exhibited
to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department.
4. Building materials shall consist of cement board siding and architectural grade roofing shingles. The
windows and doors shall be vinyl clad.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this application are valid or any structures may
be occupied.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(OPTED) concepts and strategies as they pertain to this site:
MARK E. THOMASSY -106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 3
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THIS IS TO CERTIFY THAT I, ON 9/77/08 SURVEYED THE PROPERTY SHOWN
ON THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE AS
SHOWN ON THIS PLAT.
THE BUILDINGS STAND STRICTLY WITHIN THE TITLE ONES AND THERE ARE NO
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PHYSICAL SURVEY/ZONING ANALYSIS
106 62nd STREET
A CONDOMINIUM
BEING
LOT A AND NORTHERN 1/2 OF LOT 8
BLOCK 6 -SECTION 2
NEW VIRGINIA BEACH
M.B. 148 P. 32
M.B. 17 P. 57
VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 20' SEPTEMBER 18, 2006
MADE FOR
MARK THOMASSY
GALLUP
SURVEYORS & ENGINEERS, LTD.
323 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
SHEET i OF 2 I
F.B. 466 P. 56
PROPOSED SITE PLAN
MARK E. THOMASSY - 106 62"" STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 5
NOTES
1.) THE PROPERTY SHOWN HEREON APPEARS TO FALL INSIDE ZONE: X {SHADED)
AS SHOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP
FOR THE CITY OF VIRGINIA BEACH, COMMUNITY PANEL /515531-0063 F .
2.) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A nTLE REPORT
AND MAY NOT SHOW ANY AND/OR ALL EASEMENTS OR RESTRICnONS THAT
MAY AFFECT SAID PROPERTY AS SHOWN.
SITE DATA
t. GPIN: 2419-72-9335 (UNIT t); 2479-72-8382 (UNIT 2)
2. ZONED: RS-R
3. LOT AREA: 7500 SF
4. LOT COVERAGE: 2829.2 SF
S. ALLOWABLE LOT COVERAGE: 2625 SF (359,)
6. FLOOR AREA 4930.5 SF
7. ALLOWABLE FLOOR AREA: 5250 SF
8. IMPERVIOUS COVERAGE: 4536.3 SF
9. ALLOWABLE IMPERVIDUS COVERAGE: 4500 SF (6076)
PHYSICAL SURVEY/ZONING ANALYSIS
106 62nd STREET
A CONDOMINIUM
BEING
LOT A AND NORTHERN 1/2 OF LOT B
BLOCK s - sECnoN z
NEW VIRGINIA BEACH
M.B. 148 P. 32
M.B. 17 P. 57
VIRGINIA BEACH, VIRGINIA
SCALE: N/A SEPTEMBER 18, 2008
MADE FOR
MARK THOMASSY
SURVEYORS 6c ENGINEERS, LTD.
323 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
(757)428-8132 SHEET 2 OF 2
SITE INFORMATION
MARK E. THOMASSY -106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 6
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MARK E. THOMASSY -106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 7
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MARK E. THOMASSY - 106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 8
NORTH VIRGINIA BEACH CIVIC LEAGUE
ZONING REVIEW COMMITTEE
MEMO
Members of City Council
City of Virginia Beach
Monday, June 13, 2011
Re: Application of Mark E. Thomassy and 106 - 62"d Street, a Condominium Unit
Owner's Association for an Modification/Enlargement of aNon-Conforming Use
on Property located at 106 - 62nd Street.
The North Virginia Beach Civic League's (NVBCL) Zoning Review Committee has
reviewed the merits of this request and support the modification/enlargement of a Non-
conforming use as presented. We feel that the additions to the existing structure are
minor in nature and that the expansion does not pose any determent to adjacent
properties, the request has merit. We support the residential scale of this project
expansion.
The NVBCL requested in the past that the planning department study this type of
redevelopment in our neighborhood as an alternative to big box duplex development.
There is strong sentiment from the NVBCL to encourage detached units on single
properties similar to the redevelopment allowed by the Old Beach District Design
Guidelines. This type of development has been the mainstay of the North End for
decades with a primary structure at the front of the lot and a detached smaller garage
apartment or dwelling in the rear. This planning model results in smaller scale
structures, less impervious cover, and more open green space. We again make this
request of the city council and the planning department to study this option for R5R
zoning at the North End so that residents, owners, and developers may entertain this
design solution by-right.
Should there be any questions please contact me at 431- 1041 x 16.
Sincerely,
~~~ ~
William D. Almond, FASLA
Chair, NVBCL Zoning Review Committee
MARK E. THOMASSY -106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 10
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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)
Mark E. Thomassy
2. List all businesses that have aparent-subsidiary' or affiliated business entityZ
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)
Mark E. Thomassy (owner of Unit #2)
George Baskeville (owner of Unit #1)
2. List all businesses that have aparent-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.
& See next page for footnotes
DISCLOSURE STATEMENT
MARK E. THOMASSY -106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 11
~~
DISCLOSURE ~~ ~TEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respell
to the requested property use, inducting but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach listrf necessary)
Sykes, Bourdon, Ahem 8 Levy, P.C.
Folds West Architects
Gallup Surveyors 8~ Engineers, Ltd.
' "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation.' See State and Local Government Conflict of
Interests Ad, Va. Code § 2.2-3101.
z "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary nelationship, that e~asts 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 detemtining the e~astence of an affiliated business entity relationship
indude that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share 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.
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CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notfication (postcard) that the application has been /~
scheduled for public hearing, I am responsible for obtaining and posting the required
si on the subject property at least 30 days prior to the scheduled public hearing
ccordin to theI-in 'ons in this package.
L ~ Mark E. Thomassy ~
Ap nt's Signature Print Name
62nd q~eQt, a ndominium
By: JL ~ Mark E. Thomassy, Member
Property er's S at (if different than applicant) Print Name
DISCLOSURE STATEMENT
MARK E. THOMASSY -106 62ND STREET CONDOMINIUM
JULY 5, 2011 City Council Meeting
Page 12
-41 -
Item V.J.6.
PLANNING ITEM # 55692
7. The trash enclosure shall be screened with a solid wall to match the main building and shall
include evergreen shrubs having good screening capabilities, no less than three (3) feet in
height at the time of planting, spaced in accordance with the City's Landscaping, Screening
and Buffering Specifications and Standards, and maintained at all times in good condition at
a minimum height not lower than the wall.
8. All lighting on the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America (IESNA). A photometric lighting plan
indicating the number and types of lighting will be submitted as part of the formal site plan
submission for review by the Police Department to determine consistency with Crime
Prevention Through Environmental Design (OPTED) principles and practices. Lighting shall
be installed and operated as shown on the approved plan. Canopy lighting shall consist of
flush mounted fixtures on the ceiling of the canopy. All lighting shall be directed inward and
downward within the site so as to eliminate glare onto adjacent properties and rights-of-
ways.
9. A bike rack shall be provided on-site.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of October Two Thousand
Six.
Voting: 10-1
Council Members Voting Aye:
William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson
Council Members Voting Nay.•
Reba S. McClanan
Council Members Absent.•
None
-40-
Item V.J.6.
PLANNING ITEM # 55692
Attorney Jean Mumm, law firm of LeClair Ryan, 999 Waterside Drive, Norfolk, Phone: 441-8916,
represented the applicant. The 7-I1, an approximate 2,800-square foot store, will face Elbow
Road. The fueling facility will be located between the Convenience Store and Elbow Road with
twelve (12) fueling stations. The site will be heavily landscaped with a 1 S foot landscape buffer
along the western property line. 7-11 will install a 6 foot stockade fence in front of the landscape
buffer
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of 7-ELEVEN, INC. for a Conditional Use Permit
ORDINANCE UPON APPLICATION OF 7-ELEVEN, INC. FOR A
CONDITIONAL USE PERMIT FOR FUEL SALES IN CONJUNCTION
WITHA CONVENIENCE STORE TOWER 80100634177
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of 7-Eleven, Inc. for a Conditional Use
Permit for fuel sales in conjunction with a convenience store on property
located at 2105 Salem Road (GPIN 1474879770 -portion off.
DISTRICT 1- CENTERVILLE
The following conditions shall be required:
1. The site shall be developed in substantial accordance with the site plan entitled "7-Eleven
Corporation Convenience Store with Gas ,Preliminary Site Plan, intersection of Salem Road
and Elbow Road "dated June 29, 2006, and prepared by Blakeway Corp. A copy of this site
plan has been exhibited to Virginia Beach City Council and is on f le in the Planning
Department.
2. The building and canopy shall be developed in substantial accordance with the architectural
elevations entitled "7-Eleven Convenience Store with Gas "dated September 1 S, 2004, and
prepared by URS. A copy of the elevations has been exhibited to Virginia Beach City Council
and is on file in the Planning Department.
3. No outdoor vending machines, ice boxes or display of merchandise shall be allowed.
4. Windows shall not be tinted, thus allowing for surveillance opportunities both from within
and from outside the building. No signage in excess of a total of four (4) square feet of the
entire glass area of the exterior wall nor any neon or neon-style signs or accents shall be
permitted in or on the windows and/or doors of the convenience store.
S. Signage on the site is limited to the building sign, the canopy signage as depicted on the
elevation, and one free-standing monument style sign with a brick base matching the brick
color of the convenience store building. No other signs shall be installed on any other wall
area of the building or on the roof of the building, on the canopy, on the canopy supports, on
lighting poles or any other portion of the site.
6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be
concealed from typical street level view. All ground level building mechanical equipment
shall be screened in accordance with Section 245 (e) of the Zoning Ordinance.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: JAMES ROE/RPA SALEM-ELBOW, LLC, Modification of a Conditional Use
Permit, , 2105 Salem Road (GPIN 1474879757). CENTERVILLE DISTRICT.
MEETING DATE: July 5, 2011
^ Background:
The applicant is requesting the installation of a movie/dvd vending machine
(Redbox) outside near the front entrance of the convenience store. Condition 3
of the City Council approved Conditional Use Permit does not allow any outdoor
vending machines, ice boxes, or display of merchandise. Condition 3 is
requested for modification to allow this installation.
The Conditional Use Permit permitting fuel sales in conjunction with a
convenience store was approved by the City Council on October 10, 2006. The
Conditional Use Permit has nine conditions:
The site shall be developed in substantial accordance with the site plan
entitled "7-Eleven Corporation Convenience Store with Gas ,Preliminary Site
Plan, intersection of Salem Road and Elbow Road" dated June 29, 2006 and
prepared by Blakeway Corp. A copy of this site plan has been exhibited to
Virginia Beach City Council and is on file in the Planning Department.
2. The building and canopy shall be developed in substantial accordance with
the architectural elevations entitled "7-Eleven Convenience Store with Gas"
dated September 15, 2004 and prepared by URS. A copy of the elevations
has been exhibited to Virginia Beach City Council and is on file in the
Planning Department.
3. No outdoor vending machines, ice boxes, or display of merchandise shall be
allowed.
4. Windows shall not be tinted, thus allowing for surveillance opportunities both
from within and from outside the building. No signage in excess of a total of
four (4) square feet of the entire glass area of the exterior wall nor any neon
or neon-style signs or accents shall be permitted in or on the windows and/or
doors of the convenience store.
5. signage on the site is limited to the building sign, the canopy signage as
depicted on the elevation, and one free-standing monument style sign with a
brick base matching the brick color of the convenience store building. No
James Roe/RPA Salem-Elbow, LLC
Page2of4
other signs shall be installed on any other wall area of the building or on the
roof of the building, on the canopy, on the canopy supports, on lighting poles,
or any other portion of the site.
6. All rooftop equipment, such as heating, ventilation, and air conditioning units
shall be concealed from typical street level view. All ground level building
mechanical equipment shall be screened in accordance with Section 245 (e)
of the Zoning Ordinance.
7. The trash enclosure shall be screened with a solid wall to match the main
building and shall include evergreen shrubs having good screening
capabilities, no less than three (3) feet in height at the time of planting,
spaced in accordance with the City's Landscaping, Screening and Buffering
Specifications and Standards, and maintained at all times in good condition at
a minimum height not lower than the wall.
8. All lighting on the site shall be consistent with those standards recommended
by the Illumination Engineering Society of North America (IESNA). A
photometric lighting plan indicating the number and types of lighting will be
submitted as part of the formal site plan submission for review by the Police
Department to determine consistency with Crime Prevention Through
Environmental Design (OPTED) principles and practices. Lighting shall be
installed and operated as shown on the approved plan. Canopy lighting shall
consist of flush mounted fixtures on the ceiling of the canopy. All lighting shall
be directed inward and downward within the site so as to eliminate glare onto
adjacent properties and rights-of-ways.
9. A bike rack shall be provided on-site.
^ Considerations:
This request to place a vending machine (Redbox) in front of this retail
establishment is not consistent with the City's Retail Establishments and
Shopping Centers Ordinance Guidelines and as such, is not consistent with the
Comprehensive Plan.
Staff does not recommend approval of this requested modification to the
conditions.
Under the City Zoning Ordinance Design, Etc. Standards For Retail
Establishments and Shopping Centers Section 245 (e)(2) vending machines
shall not be visible from a public street. If vending machines are present, building
facades should include an area screened from public streets but visible to
security personnel. In keeping with this requirement, Staff would be supportive of
either an enclosure placed on the side of this facility screened from public streets
but visible to security personnel or location of the vending machine inside the
retail facility.
James Roe/RPA Salem-Elbow, LLC
Page 3 of 4
The applicant at the Planning Commission Hearing agreed to meet with staff and
relocate the vending machine (Redbox) to the west side of the building.
There was no opposition to the request.
^ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 9-0,
recommends approval of staff s suggested alternative location to the City Council
with the following revision to Condition 3.
The site shall be developed in substantial accordance with the site plan entitled
"7-Eleven Corporation Convenience Store with Gas ,Preliminary Site Plan,
intersection of Salem Road and Elbow Road" dated June 29, 2006 and prepared
by Blakeway Corp. A copy of this site plan has been exhibited to Virginia Beach
City Council and is on file in the Planning Department.
2. The building and canopy shall be developed in substantial accordance with the
architectural elevations entitled "7-Eleven Convenience Store with Gas" dated
September 15, 2004 and prepared by URS. A copy of the elevations has been
exhibited to Virginia Beach City Council and is on file in the Planning
Department.
3. One outdoor vending machine or ice box, or display of merchandise shall be
allowed provided screened from public streets.
4. Windows shall not be tinted, thus allowing for surveillance opportunities both
from within and from outside the building. No signage in excess of a total of four
(4) square feet of the entire glass area of the exterior wall nor any neon or neon-
style signs or accents shall be permitted in or on the windows and/or doors of the
convenience store.
5. signage on the site is limited to the building sign, the canopy signage as depicted
on the elevation, and one free-standing monument style sign with a brick base
matching the brick color of the convenience store building. No other signs shall
be installed on any other wall area of the building or on the roof of the building,
on the canopy, on the canopy supports, on lighting poles, or any other portion of
the site.
6. All rooftop equipment, such as heating, ventilation, and air conditioning units
shall be concealed from typical street level view. All ground level building
mechanical equipment shall be screened in accordance with Section 245 (e) of
the Zoning Ordinance.
7. The trash enclosure shall be screened with a solid wall to match the main
building and shall include evergreen shrubs having good screening capabilities,
no less than three (3) feet in height at the time of planting, spaced in accordance
James Roe/RPA Salem-Elbow, LLC
Page 4 of 4
with the City's Landscaping, Screening and Buffering Specifications and
Standards, and maintained at all times in good condition at a minimum height not
lower than the wall.
8. All lighting on the site shall be consistent with those standards recommended by
the Illumination Engineering Society of North America (IESNA). A photometric
lighting plan indicating the number and types of lighting will be submitted as part
of the formal site plan submission for review by the Police Department to
determine consistency with Crime Prevention Through Environmental Design
(OPTED) principles and practices. Lighting shall be installed and operated as
shown on the approved plan. Canopy lighting shall consist of flush mounted
fixtures on the ceiling of the canopy. All lighting shall be directed inward and
downward within the site so as to eliminate glare onto adjacent properties and
rights-of-ways.
9. A bike rack shall be provided on-site.
^ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Revised Site Plan
Recommended Action: Staff recommends denial. Planning Commission recommends
approval with staff's alternative location.
Submitting Department/Agency: Planning Department
City Manage • ~~, ,
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Approved 10'102006
1~
June 8 2011 Public Hearing
APPLICANT:
JAMES ROE
PROPERTY OWNER:
RPA SALEM /
ELBOW, LLC
STAFF PLANNER: Karen Prochillo
REQUEST:
Modification of a Conditional Use Permit for Retail Fuel Sales (7 Eleven, Inc. -Approved 10/10/2006)
ADDRESS /DESCRIPTION: 2105 Salem Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14748797570000 CENTERVILLE 1.29 acres Less than 65 d6 DNL
SUMMARY OF REQUEST
The applicant is requesting the installation of a movie/dvd vending machine (Redbox) outside near the
front entrance of the convenience store. Condition 3 of the City Council approved Conditional Use Permit
does not allow any outdoor vending machines, ice boxes, or display of merchandise. Condition 3 is
requested for modification to allow this installation.
The Conditional Use Permit permitting fuel sales in conjunction with a convenience store was approved
by the City Council on October 10, 2006. The Conditional Use Permit has nine conditions:
1.The site shall be developed in substantial accordance with the site plan entitled "7-Eleven
Corporation Convenience Store with Gas ,Preliminary Site Plan, intersection of Salem Road and
Elbow Road" dated June 29, 2006 and prepared by Blakeway Corp. A copy of this site plan has been
exhibited to Virginia Beach City Council and is on file in the Planning Department.
2.The building and canopy shall be developed in substantial accordance with the architectural
elevations entitled "7-Eleven Convenience Store with Gas" dated September 15, 2004 and prepared
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JAMES ROE /RPA SALEM -ELBOW, LLC
Agenda Item 14
Page 1
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by URS. A copy of the elevations has been exhibited to Virginia Beach City Council and is on file in
the Planning Department.
3. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed.
4. Windows shall not be tinted, thus allowing for surveillance opportunities both from within and from
outside the building. No signage in excess of a total of four (4) square feet of the entire glass area of
the exterior wall nor any neon or neon-style signs or accents shall be permitted in or on the windows
and/or doors of the convenience store.
5.Signage on the site is limited to the building sign, the canopy signage as depicted on the elevation,
and one free-standing monument style sign with a brick base matching the brick color of the
convenience store building. No other signs shall be installed on any other wall area of the building or
on the roof of the building, on the canopy, on the canopy supports, on lighting poles, or any other
portion of the site.
6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from
typical street level view. All ground level building mechanical equipment shall be screened in
accordance with Section 245 (e) of the Zoning Ordinance.
7.The trash enclosure shall be screened with a solid wall to match the main building and shall include
evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time
of planting, spaced in accordance with the City's Landscaping, Screening and Buffering
Specifications and Standards, and maintained at all times in good condition at a minimum height not
lower than the wall.
8. All lighting on the site shall be consistent with those standards recommended by the Illumination
Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and
types of lighting will be submitted as part of the formal site plan submission for review by the Police
Department to determine consistency with Crime Prevention Through Environmental Design
(OPTED) principles and practices. Lighting shall be installed and operated as shown on the approved
plan. Canopy lighting shall consist of flush mounted fixtures on the ceiling of the canopy. All lighting
shall be directed inward and downward within the site so as to eliminate glare onto adjacent
properties and rights-of-ways.
9.A bike rack shall be provided on-site.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: commercial structure with fuel facility and associated parking
SURROUNDING LAND North: Elbow Road
USE AND ZONING: . Pool equipment retail / B-2 Community Business District
South: Undeveloped site / B-2 Community Business District
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JAMES ROE / RPA SALEM -ELBOW, LLC J ;f~~
Agenda Item 14 {
Page 2
~~
East: Salem Road
• Religious facility / B-2 Community Business District
• Multi-family dwellings / PD-H2 Planned Development (R-5D)
West: Single-family homes / R-15 Residential District
NATURAL RESOURCE AND There are no known significant natural resources or cultural features
CULTURAL FEATURES: associated with this site.
COMPREHENSIVE PLAN:
The subject property is located in the Suburban Area. The City's Retail Establishments and Shoppinjg
Centers Ordinance Guidelines (2002), which are adopted by reference as part of the Comprehensive Plan, arse
applicable to this request and should be adhered to. Specifically, the guidelines for machines and ground level
mechanical equipment state that "vending machines shall not be visible from a public street. If vendi
machines are present, building facades should include an area screened from public streets but visible o
security personnel." (p. 8)
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP):
Elbow Road in this vicinity is considered atwo-lane undivided major suburban arterial. The Master
Transportation Plan proposes a divided facility within a 125 foot right-of-way. Currently, this segment of
roadway is functioning under capacity at a LOS C or better.
Salem Road in the vicinity of this application is considered atwo-lane undivided minor suburban arterial. The
Master Transportation Plan proposes a divided facility within a 145 foot right-of-way. Currently, this segment
of roadway is functioning under capacity at a LOS C or better.
Two roadway Capital Improvement Program projects are slated for this area. Elbow Road Extended -Phase.
II (CIP 2-152) will improve Elbow Road from Indian River Road to Dam Neck Road. Improvements include a
four-lane divided roadway in a 125 foot right-of-way, sidewalk, multi-use path, landscaping, and aesthetic
features. Salem Road (CIP 2-507) will improve Salem Road from Elbow Road to North Landing.
Improvements include afour-lane divided roadway, bike lanes, multi-use path, landscaping, and aesthetic i
features.
TRAFFIC: Present
Street Name Volume Present Capacity Generated Traffic
Elbow Road 11,175 ADT 15,800 ADT (Level of Existing Land Use
Service "C") 6,511 AD
17,100 ADT' (Level of Proposed Land Use s
Service "D")/Capacity 6,586 AD
18,400 ADT' (Level of
Service "E")
JAMES ROE / RPA SALEM -ELBOW, LLC
Agenda Item 14
Page 3
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Salem Road 3,130 ADT ' 13,300 ADT ' (Level of
Service "C")
15,000 ADT' (Level of
Service "D")
16,200 ADT' (Level of
Service "E"
Average Daily Trips
s as defined by gas station - 12 fuel positions
a as defined by gas station - 12 fuel positions and redbox
EVALUATION AND RECOMMENDATION
This request to place a vending machine (Redbox) in front of this retail establishment is not consistent
with the City's Retail Establishments and Shopping Centers Ordinance Guidelines and as such, is not
consistent with the Comprehensive Plan.
Staff does not recommend approval of this requested modification to the conditions.
Under the City Zoning Ordinance Design, Etc. Standards For Retail Establishments and Shopping
Centers Section 245 (e)(2) vending machines shall not be visible from a public street. If vending
machines are present, building facades should include an area screened from public streets but visible to
security personnel. In keeping with this requirement, Staff would be supportive of either an enclosure
placed on the side of this facility screened from public streets but visible to security personnel or la
ocation of the vending machine inside the retail facility.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(OPTED) concepts and strategies as they pertain to this site.
JAMES ROE / RPA SALEM -ELBOW, LLC
Agenda Item 14
Page 4
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JAMES ROE / RPA SALEM -ELBOW, LLC
Agenda Item 14
Page 6
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JAMES ROE / RPA SALEM -ELBOW, LLC
Agenda Item 14
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# DATE REQUEST ACTION
1 10/10/2006 Conditional Use Permit Fuel sales w/ convenience store Granted
09/24/1991 Conditional Use Permit Auto service /convenience store Granted
2 09/09/2003 Conditional Rezonin PD-H1 to PD-H2 Overla Granted
3 07/13/1999 Conditional Rezonin R-5D & R-15 to R-7.5 Granted
4 03/23/1993 Conditional Use Permit Reli ious Facilit Granted
ZONING HISTORY
JAMES ROE / RPA SALEM -ELBOW, LLC
Agenda Item 14
Page 8
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DISCLOSURE STATEMENT
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O 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)
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2. List all businesses that have aparent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
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^ 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) ~^~ G • (iu: n,•. i I
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2. List all businesses that have aparent-subsidiary' or affiliated business entity?
relationship with the applicant: (Attach /ist i(necessary)
^ Check here i# 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 /
If yes, what is the name of the official or employee and the nature of their interest?
Modification of Conditions Application
Page 10 of 11
Revised It3f0~
DISCLOSURE STATEMENT
JAMES ROE / RPA SALEM -ELBOW, _LLC
Agenda Item 14
Page 9
DtSCLCSURE BTATEMlENT
~-oi~moau a~cwaweEa
Llet eft known ooMrt+ctor: ar iwtdnetzees ttiet have a wiU pnovkfe seMt~s wilh resprOt
to ttts ngtaet+ed propefty rids, indudlnp but not limited b the providers of ertYr'tacWral
servips, noel etaate tlervicst, ttrtenoiltd services, aoootrNhg sondoss, and tey~
eeMOee: (Atlech liel M newetttxy)
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~ 'P~~~+~Y ~P' mwns "e relafiorlsitiq that exlstr when otn
corpontlott d(nectiy o- indinCtly Owns shrew posseesYp lnoro Qte-- SO pentertt of !M votfnp r
power of eraulercoeporetton.' See Slate end LoCM t3aVeeelMelM t:oreNct of lntereets ACt, Vs.
Coos g I.Z-3101.
a 'AfilOebd bueheess eetbty rele>i0rnhip' means's rslrtbrlsh~, otMe Itten Perelet
twDSaiery rolaeonrttrp, that sx~ts when (i~ one ttufinaas entity hn a oortbofGry oweteeship
lntsrost to the otMr twstness entity. (11 a aonlroMnp owner in oM entNy b also a oonU'oNeg
owner to the otMr eMRy, or (Hf) fber M shred ehrnrperrnnt or onrkrot batwsen the tMaiineea
engtles. Fscton IhN t~toukt Aa COnsktrnd In detarminbp rile fxt/OenOe Of an rffiYapd
ttt+detati entity tMtedionettip IrtoMtde ttipt the stone person or sub~i.liy the eaeeN peesat
awn a martege tfee two entNiw: thane sro common or comnirlpMed funds or wseb; tha
tsutrlesa entities shrro the use oI Rle eerrn oMiae or employers a ottnrwlee ehero egirWrs.
rosolacve Or persOnrlel on a eeputer hwls; ar then N otherwtee a dose worktrtp rolatlorteh~
hotwern the en6ees." See State snd Lacwi t3bvMnmr„t l7oMlici of Inisnests ACt. Ve. Code g
z~,.,.
CtJtTfNCAZ'10lM: i oelefy that ate kllbmlatlon ecntee~sn Nereln ie Mue arW exulele.
~ uMerstrnd ant upon rapt sf nstlllortloll (poMtyrd) that the appecsion flss been scalaeubd br
Tnlbee heerkly. I eel napontNble far obWNnY en0 patlelp file reWYed siDn on tM W+Wed properq ~
least 30 days pAer to qle sdladuled puck herrwp x~re b the irlet+uaorwl in Nds peaktae. The
Wlderegrled etw arnenb m enby upen tht eut~t peeoerb by srhploysee dthe Dapsdment of
Pla^"Inp to pho/e~eph end view the eas for purpaea of plpeeeeinp end eMSYwI-g Ihk eppAcaerrl.
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JAMES ROE / RPA SALEM -ELBOW, LLC
Agenda Item 14
Page 10
Item #14
James Roe
Modification of a Conditional Use Permit
2105 Salem Road
District 1
Centerville
June 8, 2011
REGULAR
An application of James Roe for a Modification of a Conditional Use Permit (vending machine - Redbox)
on property located at 2105 Salem Road. GPIN: 14748797570000, District 1, Centerville.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(OPTED) concepts and strategies as they pertain to this site.
AYE 9 ABS 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY ABSENT
RUSSO AYE
STRANGE AYE
THORNTON ABSENT
By a vote of 9-0, the Board approved Item #14 with a revision to relocate movie/DVD vending machine
to meet requirements of ordinance. Between Planning Commission and City Council hearing date, the
applicant to meet with Planning Staff for location ofmovie/DVD vending machine.
The applicant, Pat Roe appeared before the Board. Katherine Ciardi, representing 7/eleven, appeared
before the Board in support of the application.
-48-
Item J 7.
PLANNING ITEM # 59923
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of BELIEVER'S HOUSE WORLD WIDE
MINISTRIES/NEWTOWNSQUA8E ASSOCIATES, LLC for a Conditional Use Permit re a religious
use at 544 Newtown Road, Suite 118:
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BELIEVER'S HOUSE WORLD WIDE
MINISTRIES/NEWTOWN SQUARE ASSOCL9TES, LLC for a
Conditional Use Permit re a religious use at S44 Newtown Road, Suite
118 (GPIN#14683033400000)
DISTRICT 2 - KEMPSVILLE 805103541 S
The following conditions shall be required.•
1. The number of occupants in the Community Life Center shall not exceed the occupancy number
for the unit established by the City's Fire Marshall for this use.
2. A Certificate of Occupancy shall be obtained from the Building Offtcial 's Off ce.
3. On-site security shall be provided for any special event that continues beyond Midnight (12:00
A. M.).
This Ordinance shall be effective in accordance with Section 107 (fJ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh of May, Two
Thousand Ten
Voting.• 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rita Sweet Bellitto
May 11, 2010
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BELIEVER'S HOUSE WORLD WIDE MINISTRIES/NEWTOWN SQUARE
ASSOCIATES, LLC, Modification of Conditional Use Permit, 544 Newtown Road,
Suite 118 (GPIN 1468303340). KEMPSVILLE DISTRICT.
MEETING DATE: July 5, 2011
^ Background:
The Conditional Use Permit allowing a religious use was approved by the City
Council on May 11, 2010. The approved Conditional Use Permit has three
conditions and covers a 4,480 square foot religious facility. The applicant within
this request would like to increase the size of the facility to 7,520 square foot.
The representative for Believers House World Wide Ministries indicates that the
facility has always been 7,520 square feet as opposed to 4,480 square feet and
an error was made when the original Conditional Use Permit application was
submitted. No modifications to the exterior of the building, parking lot, or
landscaping are proposed.
The following conditions governing the site have been approved by City Council
in May of 2010.
1. The number of occupants in the Community Life Center shall not exceed the
occupancy number for the unit established by the City's Fire Marshall for this
use.
2. A Certificate of Occupancy shall be obtained from the Building Official's
Office.
3. On-site security shall be provided for any special event that continues beyond
midnight (12:00 a.m.)
^ Considerations:
The religious use is compatible with the other commercial and religious uses
within the shopping center and will not negatively impact any neighboring
properties. There are 457 parking spaces within this 92,000 square foot shopping
center, which is more than sufficient to meet the needs of the proposed use and
all other tenants located on this site. City codes require one parking space for
every 250 square feet of floor area within a shopping center, 368 parking spaces
are, therefore, required. Based on City parking standards and observations of the
site by staff during site visits, staff finds that the 457 parking spaces on the site
are adequate.
Believer's House World Wide Ministries
Page2of2
Staff also anticipates that the proposed use will generate less traffic than if the
space is used as a retail use and recommends approval of this request to
increase the square footage of the religious use.
There was no opposition to the request
^ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
All conditions attached to the Conditional Use Permit granted by the City Council
on May 11, 2010 shall remain in effect. The following list of conditions is
recommended for approval.
1. The number of occupants in the Community Life Center shall not exceed the
occupancy number for the unit established by the City's Fire Marshall for
this use.
2. A Certificate of Occupancy shall be obtained from the Building Official's
Office.
3. On-site security shall be provided for any special event that continues
beyond midnight (12:00 a.m.)
^ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager: S ~. , ~~
KEMPSViLLE
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12
June 8, 2011 Public Hearing
APPLICANT:
BELIEVER'S
HOUSE WORLD
WIDE MINISTRIES
PROPERTY OWNER:
NEWTOWN
SQUARE
ASSOCIATES, LLC
STAFF PLANNER: Leslie Bonilla
REQUEST:
Modification of a Conditional Use Permit for a religious use -approved by the City Council on May 11, 2010
ADDRESS /DESCRIPTION: 544 Newtown Road, Suite 118
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14683033400000 KEMPSVILLE 8.906 acres Less than 65 d6 DNL
SUMMARY OF REQUEST
The Conditional Use Permit allowing a religious use was approved by the City Council on May 11, 2010.
That Conditional Use Permit has three conditions and covers a 4,480 square foot religious facility. The
applicant within this request would like to increase the size of the facility to 7,520 square foot.
The representative for Believers House World Wide Ministries indicates that the facility has always been
7,520 square feet as opposed to 4,480 square feet and an error was made when the original Conditional
Use Permit application was submitted. No modifications to the exterior of the building, parking lot, or
landscaping are proposed.
The following conditions governing the site have been approved by City Council in May of 2010.
BELIEVER'S HOUSE WORLD WIDE MINISTRIES
Agenda Item 12
Page 1
1. The number of occupants in the Community Life Center shall not exceed the occupancy number
for the unit established by the City's Fire Marshall for this use.
2. A Certificate of Occupancy shall be obtained from the Building Official's Office.
3. On-site security shall be provided for any special event that continues beyond midnight (12:00
a.m.)
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Shopping center with parking lot
SURROUNDING LAND North: Baker Road
USE AND ZONING: Auto-related uses / B-2 Community Business District
• Manufacturing / I-1 Light Industrial District
South: • Charter bus service / I-2 Heavy Industrial District
• Multi-family dwellings / A-18 Apartment District
East: Multi-family dwellings / B-2 Community Business District
West: • Retail / B-2 Community Business District
NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are not known
CULTURAL FEATURES: significant natural resources or cultural features on this site.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide
and protect the future physical character of this area. The overriding objective of these policies it to protect the
predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our
community. The following are characteristics of the Suburban Area: predominantly low-density residential
subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or
multi-family units; low-intensity retail shopping centers, office complexes, employment centers and industrial
parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems
design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system.
The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic
value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the
suburban characteristics of commercial centers and other non-residential areas that make up part of the
Suburban Area. (p. 3-2)
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP1: Newtown Road
in the vicinity of this site is considered afour-lane undivided minor suburban arterial. The Master
Transportation Plan proposes a divided facility with bikeway within a 150 foot right-of-way. No roadway
BELIEVER'S HOUSE WORLD WIDE MINISTRIES
Agenda Item 12
Page 2
Capital Improvement Program (CIP) projects are slated for this roadway surrounding the site. Currently, this
segment of roadway is functioning over capacity at a LOS F.
Baker Road in the vicinity of this application is considered atwo-lane undivided collector street. The Master
Transportation Plan proposes an undivided facility with bikeway within a 70 foot right-of-way. A roadway
Capital Improvement Program project is under construction for this roadway. Baker Road Extended (CIP 2-
071)provides for construction of Baker Road from Bulls Bay Drive to just west of Holly Farms Drive. The
nearly completed roadway consists of a two-lane collector street within a 70 foot right-of-way and a signalized
intersection at North Witchduck Road. There will also be upgrading to the landscaping and amulti-use path.
This site will not be impacted by the CIP construction.
TRAFFIC: Street Name present present Capacity Generated Traffic
Volume
Newtown Road 42,370 ADT 30,600 ADT (Level of Existing Land Use - 323
Service "D" Weekday ADT; 190 Sunday
Baker Road No existing traffic counts available. ADT
Proposed Land Use s-187
ADT;
Average Daily Trig+s
s as defined by a 7,520 square foot shopping center
a as defined b a Jr./Communit Colle e - 12 em to ees
PUBLIC WORKS -TRAFFIC ENGINEERING: The proposed trip generation assumes no parameters have
changed from the original CUP other than the building square footage.
The Institute of Transportation Engineers Trip Generation manual does not contain a land use that exactly
matches the proposed use. The closest land use is a Jr./Community College. They both offer various types of
classes/activities throughout the weekday and include evening hours. The same volumes were used in the
Sunday trip generation since the hours of operation included weekends.
WATER 8 SEWER: This site currently connects to City water and sanitary sewer.
FIRE: There is a possible change of use with this request. If this request is approved, the applicant must
obtain approval from the Building Official at the Department of Permits and Inspections.
EVALUATION AND RECOMMENDATION
This request to increase the square footage of the religious use is acceptable. Overall, the religious use
is compatible with the other commercial and religious uses within the shopping center and will not
negatively impact any neighboring properties. There are 457 parking spaces within this 92,000 square
foot shopping center, which is more than sufficient to meet the needs of the proposed use and all other
tenants located on this site. City codes require one parking space for every 250 square feet of floor area
within a shopping center, 368 parking spaces are, therefore, required. Based on City parking standards
and observations of the site by staff during site visits, staff finds that the 457 parking spaces on the site
are adequate.
BELIEVER'S HOUSE WORLD WIDE MINISTRIES
Agenda Item 12
Page 3
Staff also anticipates that the proposed use will generate less traffic than if the space is used as a retail
use and recommends approval of this request, as conditioned below.
CONDITIONS
All conditions attached to the Conditional Use Permit granted by the City Council on May 11, 2010 shall
remain in effect. The following list of conditions is recommended for approval.
1. The number of occupants in the Community Life Center shall not exceed the occupancy number for
the unit established by the City's Fire Marshall for this use.
2. A Certificate of Occupancy shall be obtained from the Building Official's Office.
3. On-site security shall be provided for any special event that continues beyond midnight (12:00 a.m.)
NOTE; Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review fo 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.
BELIEVER'S HOUSE WORLD WIDE MINISTRIES
Agenda Item 12
Page 4
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BELIEVER'S HOUSE WORLD WIDE MINISTRIES ~~
Agenda Item 12
Page 6 ,
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BELIEVER'S HOUSE WORLD WIDE MINISTRIES
Agenda Item 12
Page 7
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'Zoning whh Conditions Profilers, Open
Space Promotion or PDH•2 Overlays
Modification of Conditions
# DATE REQUEST ACTION
1 05/11/2010 Use Permit (religious use) Approved
08/14/2007 Use Permit (religious facility) Approved
04/10/2007 Use Permit (vocational school) Approved
07/11/2006 Use Permit (church) Approved
01/11/2005 Use Permit (mini-storage) Approved
07/13/2004 Use Permit (church with childcare facility) Approved
05/13/2003 Use Permit church A roved
2 08/27/2007 Rezonin I-1 to Conditional A-36 Denied
3 06/12/2007 Use Permit car wash Approved
4 10/24/2000 Use Permit senior and disabled housin A roved
5 02/01/2000 Use Permit motor vehicle rentals Approved
6 09/26/2006 Use Permit fuel sales Ap roved
7 02/27/2001 Use Permit mini-stora a Approved
8
09/11/2007
Subdivision Variance i
A proved
H
ZONING HISTORY II'
BELIEVER'S HOUSE WORLD WIDE MINISTRIES
Agenda Item 12
Page 8
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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)
Believer's House World Wide Ministries, Minister Christopher Mitchell and Trustee, Chellery Whinier
2. List all businesses that have aparent-subsidiary' or affiliated business entity
relationship with the applicant: {Attach list if necessary)
VOB Christian Education Genter, VOB Childcare, Church Food Restaurant, Royal Priesthood for
Men, Royal Priesthood Beauty Sabn and VOB Thrill Store.
Check here if the applicant is NOT a corporation, partnership, fimt, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only i! property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
i. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Newtown Square Associates, LLC
2. List all businesses that have aparent-subsidiary' or affiliated business entityZ
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 See next page for footnotes
goes an official ore oyes of the City of Virginia Beach have an interest in the
subject land? Yes ~ No /~
If yes, what is the name of the official or employee and the nature of their interest?
Modification or Conditlons AppNaiion
Papa 10 0111
Revised 7!d/07
DISCLOSURE STATEMENT
BELIEVER'S HOUSE WORLD WIDE MINISTRIES
Agenda Item 12
Page 9
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, induding but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Believer's House World Wide Mintstr~s
' "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 wrporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
s "Affiliated business entity relationship" means 'a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controeing
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in detemtining 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 acarrate,
I understand that, upon receipt Of notification (postcard) that the application has been scheduled for
public hearing, t am responsitlle for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled pudic hearing according to the inatnretions 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.
apphc~,ar,t~$ ~ not ~i/i~j~o~~t/- / l'r~~l~e /f
Print Name
Pro a Signature (if differe than a pticant) Print Name
MotlrAcstion of Conditana /WWialion
Pape 11 of 11
Revised 7/3/200
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BELIEVER'S HOUSE WORLD WIDE MINISTRIES
Agenda Item 12
Page 10
Item #12
Believer's House World Wide Ministries
Modification of Conditional Use Permit
544 Newtown Road, Suite 118
District 2
Kempsville
June 8, 2011
CONSENT
An application of Believer's House World Wide Ministries for a Modification of a Conditional Use Permit
for a religious use on property located at 544 Newtown Road, Suite 118. GPIN: 14683033400000,
District 2, Kempsville.
CONDITIONS
All conditions attached to the Conditional Use Permit granted by the City Council on May 11, 2010 shall
remain in effect. The following list of conditions is recommended for approval.
1. The number of occupants in the Community Life Center shall not exceed the occupancy number for
the unit established by the City's Fire Marshall for this use.
2. A Certificate of Occupancy shall be obtained from the Building Official's Office.
3. On-site security shall be provided for any special event that continues beyond midnight (12:00 a.m.)
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED)
concepts and strategies as they pertain to this site.
AYE 9 ABS 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY ABSENT
RUSSO AYE
STRANGE AYE
THORNTON ABSENT
Item #12
Believer's House World Wide Ministries
Page 2
By a vote of 9-0, the Board approved Item #12 for consent.
The applicant, Christopher Mitchell appeared before the Board.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BRADFORD W. HARRELL, Conditional Use Permit, outdoor recreational
facility, 3217 Little Island Road (GPIN 2433405399). PRINCESS ANNE DISTRICT.
MEETING DATE: July 5, 2011
^ Background:
The request is for a Conditional Use Permit to allow a skateboard ramp for
personal use on a residentially zoned property. The applicant has indicated that
the ramp is for him and his 5 year old daughter's use. The applicant has met with
adjacent property owners, explaining the need for the Use Permit and has
supplied Staff with a petition of support. The ramp will remain locked when not in
use by the applicant. Children under the age of 18 will be required by the
applicant to wear a helmet.
The ramp is located behind an existing detached garage, approximately 6 feet
from the side property line. The applicant was unaware of the need for a
Conditional Use Permit until notified by a building inspector. No complaints or
opposition have been made concerning the existence of the ramp.
The size of the ramp is 8 feet by 22 feet. The height is 26 inches high with an
additional 10 inch railing, resulting in a total height of 3 feet. To aid with
soundproofing, the ramp is fully enclosed and constructed with 3 layers of/2 inch
plywood and sheathing.
^ Considerations:
Staff recognizes the popularity of the skateboarding sport, and the increasing
desire of homeowners to install ramps in their yards. Like other recreational
equipment and facilities in residential yards (swimming pools, basketball goals,
etc.), skateboard ramps have the potential to become nuisances to surrounding
residents. Problems arise when the sound occurs outside the hours of the day
expected for such sound. The sound increases beyond the level normally
expected, or the sound includes language that is not considered appropriate.
When this occurs, the sound becomes "noise." Such noise, especially if it
includes the gathering of individuals beyond what is normally expected, can
significantly disturb the tranquility and peace within the neighborhood. Further, of
all recreational equipment and facilities in residential areas, it is the skateboard
ramp that, due to the nature of rolling wheels on the riding surface and the size of
the ramp, has the potential to create the greatest nuisance, thus, the requirement
for a Conditional Use Permit.
Bradford W. Harrell
Page 2 of 3
To ensure that the recommendation of the Comprehensive Plan to protect
neighborhoods from destabilizing influences is met, it is vital that a proposal for a
skateboard ramp provides safeguards designed to significantly avoid the
potential for the facility to become a nuisance to the surrounding residents and
thus, to the neighborhood. To accomplish this, the applicant visited with the
adjacent residents and explained the proposed self-imposed conditions to the
residents. The recommended conditions below, including annual review by the
Zoning Administrator, further ensure that the sound from and activity at the ramp
will not become "noise" and an intrusion on the surrounding residents.
Staff concludes that with the recommended conditions the ramp will not become
a destabilizing influence in the neighborhood and recommends approval of this
request.
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 skateboard ramp shall be relocated to meet required setback for
accessory structures as set forth in the City of Virginia's Zoning Ordinance but
shall be located in the general vicinity of that depicted on the plan entitled, "Lot
10-A, Section 4, Back Bay Meadows, dated November 4, 1999, prepared by
Phil M. Bonifant.
2. Use of the ramp shall be limited to the hours between 9:00 a.m. and dusk.
3. To reduce the level of sound emanating from the ramp when in use, the
following shall be utilized in the construction or reconstruction of the ramp: (a)
the underside of the plywood beneath the skating surface shall be insulated;
(2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper
shall be installed between the plywood and the skating surface of the ramp.
4. A chain shall be secured across the ramp when the ramp is not in use such
that the ramp cannot be used.
5. At least one adult shall be outside the house and present when the ramp is in
use.
6. The Zoning Administrator shall annually review the application. If during the
review, the Zoning Administrator determines that the rules have not been
followed, the Conditional Use Permit may be referred back to City Council for
revocation.
Bradford W. Harrell
Page3of3
^ 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. ~ , tx~
PRINCESS ANNE
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CUP • Outdoor Recreation Faculty (skaferampJ
REQUEST:
Conditional Use Permit (Outdoor Recreation Facility -skateboard ramp)
ADDRESS /DESCRIPTION: 3217 Little Island Road
STAFF PLANNER: Carolyn A.K. Smith
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24334053990000 PRINCESS ANNE 15,000 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a skateboard ramp for personal use on this
residentially zoned property.
The ramp is currently located behind an existing detached garage, approximately 6 feet from the side
property line. The applicant was unaware of the need for a Conditional Use Permit until notified by a
building inspector. No complaints or opposition have been made concerning the existence of the ramp.
The required side yard setback by the Zoning Ordinance for accessory structures above 150 square feet
is 10 feet. The size of the ramp is 8 feet by 22 feet, totaling 176 square feet. Atypical of most of the
skateboard ramps that have come before the Planning Commission, the height is only 26 inches high with
an additional 10 inch railing, resulting in a total height of 3 feet. To aid with soundproofing, the ramp is
fully enclosed and constructed with 3 layers of % inch plywood and sheathing.
The applicant has met with adjacent property owners, explaining the need for the Conditional Use Permit
and has supplied Staff with a petition of support. The applicant has indicated that the ramp is for him and
his 5 year old daughter's use. The hours of use are proposed as 10:00 a.m. to dusk. The ramp will remain
locked when not in use by the applicant. Children under the age of 18 will be required by the applicant to
wear a helmet.
Bradford W. Harrell
Agenda Item 10
Page 1
10
June 8, 2011 Public Hearing
APPLICANT /PROPERTY OWNER:
BRADFORD W.
HARRELL
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: single family dwelling, detached garage, skateboard ramp
SURROUNDING LAND North: Single family dwellings / R-15 Residential District
USE AND ZONING: South: Vacant lot / R-15 Residential District
East: . Little Island Road
• City pump station
• Single family dwellings / R-15 Residential District
West: Back Bay
NATURAL RESOURCE AND This waterfront property is located within the Southern Watersheds
CULTURAL FEATURES: Management Area. The shoreline is hardened with riprap materials. The
property is encumbered by the 50 foot SWMA buffer. As the lot was
recorded prior to March 24, 1992, the activity is exempt from the
performance standards of the SWMA Ordinance.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as being located in the Suburban Focus Area:
Sandbridge Community. Sandbridge is located on a barrier island between the Atlantic Ocean and Back
Bay that extends from the Navy's Dam Neck Fleet Combat Training Base on the north to False Cape State
Park to the south. The Community is a stable, low density, single family community with about 1,200 units.
Many of these residences are typically rented to visitors who prefer a slower, quieter atmosphere than that
experienced at the Oceanfront Resort Area. It is the policy of the City to retain the existing, low-density
neighborhood character of the Sandbridge community.
CITY SERVICES
There is no significant impact on City services from this use.
POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result
in increased calls primarily due to noise. Rules for use of the ramp, strict supervision of use of the ramp, and
control of access to the ramp are necessary to avoid the ramp becoming such a nuisance.
EVALUATION AND RECOMMENDATION
Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to
install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming
Bradford W. Harrell
Agenda Item 10
Page 2
pools, basketball goals, etc.), skateboard ramps have the potential to become nuisances to surrounding
residents, especially in regard to sound that emanates from the facility, such as the sound of skateboard
wheels rolling across the plywood surface of the ramp or the continuous bouncing of a ball or the sound
of voices at play. Such sound is normal and is expected in residential neighborhoods. The problems arise
when the sound occurs outside the hours of the day expected for such sound, the sound increases
beyond the level normally expected, or the sound includes language that is not considered appropriate.
When this occurs, the sound becomes "noise." Such noise, especially if it includes the gathering of
individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace
within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the
skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp,
has the potential to create the greatest nuisance, thus, the requirement for a Conditional Use Permit.
To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from
destabilizing influences is met, it is vital that a proposal for a skateboard provides safeguards designed to
significantly avoid the potential for the facility to become a nuisance to the surrounding residents and
thus, to the neighborhood. To accomplish this, the applicant visited with the adjacent residents and
explained the proposed self-imposed conditions to the residents. The recommended conditions below,
including annual review by the Zoning Administrator, further ensure that the sound from and activity at the
ramp will not become "noise" and an intrusion on the surrounding residents.
Staff concludes that with the recommended conditions the ramp will not become a destabilizing influence
in the neighborhood and recommends approval of this request.
CONDITIONS
1. The skateboard ramp shall be relocated to meet required setback for accessory structures as set forth
in the City of Virginia's Zoning Ordinance but shall be located in the general vicinity of that depicted on
the plan entitled, "Lot 10-A, Section 4, Back Bay Meadows, dated November 4, 1999, prepared by Phil
M. Bonifant.
2. Use of the ramp shall be limited to the hours between 9:00 a.m. and dusk.
3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in
the construction or reconstruction of the ramp: (a) the underside of the plywood beneath the skating
surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper
shall be installed between the plywood and the skating surface of the ramp.
4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be
used.
5. At least one adult shall be outside the house and present when the ramp is in use.
6. The Zoning Administrator shall annually review the application. If during the review, the Zoning
Administrator determines that the rules have not been followed, the Conditional Use Permit may be
referred back to City Council for revocation.
Bradford W. Harrell
Agenda Item 10
Page 3
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with 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.
Bradford W. Harrell
Agenda Item 10
Page 4
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Benda Item 10
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Agenda Item 10
Page 7 I .
No Zoning History to Report
ZONING HISTORY
4;
Bradford W. Harrell
Agenda Item 10
Page 8
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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 ~``isf if necessary)
2. List all businesses that have aparent-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 fist if necessary)
2. List all businesses that have aparent-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.
& See next page for footnotes
Does an official or e~oyee of j~,City of Virginia Beach have an interest in the
subject land? Yes No I1rVVl
If yes, what is the name of the official or employee and the nature of their interest?
CoMlFtional Use Permit Application
Pam 9 Of 70
Re~isad 7!3!2007
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Bradford W. Harrell
Agenda Item 10
Page 9
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: {Attach list if necessary)
' "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
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 accurete.
I understand that, upon receipt of notification {postcard) that the applicatron 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 publ~ hearing according to the instructions in this package. The
undersigned also ~nsents toe ry upon subject property by employees of the Department of
Planning to photograph and the sit for rposes of processing and evaluating this a plication.
Aoo nt's Sian ure Print Name
Property Owner's Signature (if different than applicant) Print Name
Conditbnai use Permit nppikation
Page 7D d 10
Revised 7/3/2007
DISCLOSURE STATEMENT
Bradford W. Harrell
Agenda Item 10
Page 10
Item #10
Bradford W. Harrell
Conditional Use Permit
3217 Little Island Road
District 7
Princess Anne
June 8, 2011
CONSENT
An application of Bradford W. Harrell for a Conditional Use Permit for an outdoor recreational facility -
skateboard ramp on property located at 3217 Little Island Road. GPIN: 24334053990000, District 7,
Princess Anne.
CONSENT
CONDITIONS
1. The skateboard ramp shall be relocated to meet required setback for accessory structures as set
forth in the City of Virginia's Zoning Ordinance but shall be located in the general vicinity of that depicted on
the plan entitled, "Lot 10-A, Section 4, Back Bay Meadows", dated November 4, 1999, prepared by Phil M.
Bonifant.
2. Use of the ramp shall be limited to the hours between 9:00 a.m. and dusk.
3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in
the construction or reconstruction of the ramp: (a) the underside of the plywood beneath the skating
surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall
be installed between the plywood and the skating surface of the ramp.
4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be
used.
At least one adult shall be outside the house and present when the ramp is in use.
6. The Zoning Administrator shall annually review the application. If during the review, the Zoning
Administrator determines that the rules have not been followed, the Conditional Use Permit may be referred
back to City Council for revocation.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit are valid.
Item #10
Bradford W. Harrell
Page 2
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTEDJ
concepts and strategies as they pertain to this site.
AYE 9 ABS 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY
RUSSO AYE
STRANGE AYE
THORNTON
By a vote of 9-0, the Board approved Item #10 for consent.
ABSENT
ABSENT
The applicant, Bradford Harrell appeared before the Board.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: OLD DOMINION SOCCER CLUB (ODSC), Conditional Use Permit, outdoor
recreational facility, 4925 Providence Road (GPIN 1466928004). KEMPSVILLE
DISTRICT.
MEETING DATE: July 5, 2011
^ Background:
The applicant requests a Conditional Use Permit to allow Old Dominion Soccer
Club to utilize the church's open space for two lighted soccer fields.
The soccer club currently utilizes this field for soccer, and after being informed of
the requirement to acquire a Conditional Use Permit, the applicant filed this
request. The fields, located on the southern portion of this property, are used
Monday through Saturday from 6:00 p.m. to 9:00 p.m. during the school year and
all day during summer months for soccer training. Peak training months are
August through December and March through June. Additionally, the applicant
runs summer camps and requires use of these fields from June to August during
daytime hours. The average number of players on the site at any one time during
peak training months is 50 and the players range in age from 10 to 17 years.
Two, 30-foot tall, diesel operated light towers are situated along the perimeter of
the soccer fields, one light is located along the eastern property line and the
other light is situated along the western property line. Light generated from the
light towers located on the soccer fields is not expected to spill over onto the
adjacent properties as shown within the photometric plan provided within this
report.
^ Considerations:
Staff finds the proposed outdoor recreation facility acceptable and consistent with
the Suburban Area land use principles of the Comprehensive Plan. Like schools
and churches, the scale of this outdoor recreation is considered a support use for
residential neighborhoods. The existing vegetation at the rear of the property will
remain in place. This will provide buffering of noise and glare to the existing
homes to the south.
Staff is recommending approval with conditions contingent upon the existing
buffer hedge being enhanced with additional landscaping. This increased
landscaping will be situated within the existing buffer along the rear of site in
places where the screening may have grown thin.
Old Dominion Soccer Club/Calvary Assembly of God
Page 2 of 3
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:
The site shall be developed and designed substantially in accordance with the
submitted marked-up "Preliminary Site Layout Plan; Family Life Center
Building Calvary Assembly of God" by Verebely & Associates, Architects and
dated June 13, 2000, and last revised June 20, 2000. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. The lighting on the soccer fields shall be in substantial compliance with the
submitted lighting plan, entitled "Site Plan, Old Dominion Soccer Club,
Calvary Assembly of God", by Lynx Design Group, LLC and dated December
15, 2010.
3. The soccer fields shall be a minimum of 60 feet from the rear property line.
4. All parking for activities associated with the soccer club shall be
accommodated on site.
5. All soccer play must stop by 9:00 p.m.; all soccer club visitors and players
shall be off the premises and all field lights turned off by 9:30 p.m.
6. Every attempt shall be taken to protect all existing trees on-site. For every
damaged or removed tree, mitigation of two canopy trees shall be installed in
its place.
7. A continuous buffer of trees and shrubs shall be installed along the south
portion of the property adjacent to the residential district. Trees shall be
installed at a minimum height of 6 feet and shrubs shall be at a minimum
height of 36 inches. New landscape materials shall be installed where the
existing buffer along the southwest portion of the property is not adequate.
Shrubs provided shall reach a minimum height of ten (10) feet or greater at
maturity and consist of at least seventy (70) percent evergreen species. The
trees provided shall be medium size evergreen species that reach a minimum
height of forty (40) feet at maturity and provide a branching structure that is
continuous to the ground. The spacing and location of proposed landscape
material shall be identified within a landscape plan to be reviewed and
approved by the Planning Department /Development Service Center. The
proposed landscape material shall be spaced and located to provide the most
effective screening for the surrounding community.
Old Dominion Soccer Club/Calvary Assembly of God
Page3of3
8. No adult leagues or adult practices shall be permitted on the soccer fields.
9. No bleachers or other forms of spectator seating shall be permitted on this
site.
^ 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: SK-- ~~
KEMPSVILLE
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•Z°'""v `~'^Cvi41virPiaHi••p"" CUP Ior Outdoor Recrna[ional Facility
Spar"Pr"rr,"tl"n er PM~} Owrlpa
REQUEST:
Conditional Use Permit (outdoor recreational facility -soccer fields)
19
June 8, 2011 Public Hearing
APPLICANT:
OLD DOMINION
SOCCER CLUB
PROPERTY OWNER:
CALVARY
ASSEMBLY OF
GOD
STAFF PLANNER: Leslie Bonilla
ADDRESS /DESCRIPTION: Portion of the site located at 4925 Providence Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
Portion of KEMPSVILLE 359,117 square feet Less than 65 dB DNL
14669280040000
SUMMARY OF REQUESI~
The applicant requests a Conditional Use Permit to allow Old Dominion Soccer Club to utilize the
church's open space for lighted soccer fields.
The soccer club currently utilizes this field for soccer, and after being informed of the requirement to
acquire a Conditional Use Permit, the applicant filed this request. The fields on this property are used
Monday through Saturday from 6:00 p.m. to 9:00 p.m. during the school year and all day during summer
months for soccer training. Peak training months are August through December and March through
June. Additionally, the applicant runs summer camps and requires use of these fields from June to
August during daytime hours. The average number of players on the site at any one time during peak
training months is 50 and the players range in age from 10 to 17 years.
The site plan consists of two adjacent soccer fields situated on the southern portion of the lot. The
existing church with childcare and associated parking is located within the northern portion of site. Two,
30-foot tall, diesel operated light towers are situated along the perimeter of the soccer fields, one light is
located along the eastern property line and the other light is situated along the western property line.
Light generated from the light towers located on the soccer fields is not expected to spill over onto the
adjacent properties as shown within the photometric plan provided within this report.
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 1
APPLICATION HISTORY: After hearing the application on March 9, 2011, Planning Commission
deferred this application for 30 days in order to allow the applicant time to obtain a cost estimate for
installing permanent light fixtures surrounding the soccer fields. The applicant has provided a rough cost
estimate for installing permanent light fixtures. That estimate is included at the end of this report. This
request was then deferred on April 13, 2011 to ensure proper public notice is provided for this request.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Church with child-care and associated parking
SURROUNDING LAND North: . Providence Road
USE AND ZONING: Single-family homes / R-10 Residential District
South: Single-family homes / R-10 Residential District
East: • Single-family homes / R-10 Residential District
• Religious use / R-10 Residential District
West: . Single-family homes / R-10 Residential 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 area of the City as a 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 to 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. (pp. 3-1 and 3-2)
The Suburban Area Design Guidelines in the Comprehensive Plan Reference Document state that plans for
non-residential uses that adjoin areas planned for residential use employ effective landscape design
techniques, including the placement of appropriate plant materials to buffer or screen such uses. (p. B-9) All
outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the
development without projecting light and glare onto adjacent properties or into the sky. Lighting poles should
be of minimum height, possessing a pedestrian scale, but provide adequate illumination. (p. B-10)
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Providence
Road in front of this site is a two-lane undivided urban minor arterial, approximately 700 feet east of Indian
Lakes Boulevard. This site has one un-signalized entrance on Providence Road. The Master Transportation
Plan lists this segment of Providence Road as having an ultimate four-lane section in a 110-foot right-of-way.
There are no CIP projects on Providence Road.
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 2
TRAFFIC:
Street Name Present
Volume
Present Capacity
Generated Traffic
Providence Road 12,800 ADT 10,700 ADT (Level of Existing Land Use - 326
Service "D") Weekday ADT; 126
Saturday ADT
Proposed Land Use 3- 468
Weekday ADT; 360
Saturda ADT
2010 Average Daily Trips
gas defined by a 35,800 square foot church
' as defined b a 35,800 s uare foot church with two soccer fields
WATER 8~ SEWER: This site currently connects to City water and sanity sewer.
EVALUATION AND RECOMMENDATION
Staff finds the proposed outdoor recreation facility acceptable and consistent with the Suburban Area land
use principles of the Comprehensive Plan. Like schools and churches, the scale of this outdoor
recreation is considered a support use for residential neighborhoods. The existing vegetation at the rear
of the property will remain in place. This will provide buffering of noise and glare to the existing homes to
the south. In addition, staff is recommending approval contingent that the existing buffer hedge be
enhanced with additional landscaping. This increased landscaping will be situated within the existing
buffer along the rear of site in places where the screening may have grown thin.
In terms of traffic, staff notes that Providence Road in front of this site is functioning over capacity and
within a Level of Service E. After discussing this issue with a representative from the City's TrafFc
Engineering Division, staff concludes that the increase in Average Daily Trips to this site is not significant
enough to deteriorate the traffic network to a Level of Service F. Staff, therefore concludes that the
proposed use will have a minimal impact on the existing service level of the roadway and should not
significantly alter traffic flow.
Overall, staff recommends approval of this request, subject to the conditions listed below.
CONDITIONS
1. The site shall be developed and designed substantially in accordance with the submitted marked-up
"Preliminary Site Layout Plan; Family Life Center Building Calvary Assembly of God" by Verebely &
Associates, Architects and dated June 13, 2000, and last revised June 20, 2000. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. The lighting on the soccer fields shall be in substantial compliance with the submitted lighting plan,
entitled "Site Plan, Old Dominion Soccer Club, Calvary Assembly of God", by Lynx Design Group, LLC
and dated December 15, 2010.
3. The soccer fields shall be a minimum of 60 feet from the rear property line.
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 3
4. All parking for activities associated with the soccer club shall be accommodated on site.
5. All soccer play must stop by 9:00 p.m.; all soccer club visitors and players shall be off the premises
and all field lights turned off by 9:30 p.m.
6. Every attempt shall be taken to protect all existing trees on-site. For every damaged or removed tree,
mitigation of two canopy trees shall be installed in its place.
7. A continuous buffer of trees and shrubs shall be installed along the south portion of the property
adjacent to the residential district. Trees shall be installed at a minimum height of 6 feet and shrubs
shall be at a minimum height of 36 inches. New landscape materials shall be installed where the
existing buffer along the southwest portion of the property is not adequate. Shrubs provided shall
reach a minimum height of ten (10) feet or greater at maturity and consist of at least seventy (70)
percent evergreen species. The trees provided shall be medium size evergreen species that reach a
minimum height of forty (40) feet at maturity and provide a branching structure that is continuous to the
ground. The spacing and location of proposed landscape material shall be identified within a
landscape plan to be reviewed and approved by the Planning Department /Development Service
Center. The proposed landscape material shall be spaced and located to provide the most effective
screening for the surrounding community.
8. No adult leagues or adult practices shall be permitted on the soccer fields.
9. No bleachers or other forms of spectator seating shall be permitted on this site.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Ofbce within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(OPTED) concepts and strategies as they pertain to this site.
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 4
AERIAL OF SITE LOCATION
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 5
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OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 6
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OLD DOMINION SOCCER CLUB /CALVARY AS
Y OF GOD
~nda Item 19
Page 7
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OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD !~ `r;~~
Agenda Item 19 ~ ~'~ I~
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KEMPSVILLE
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"Zoning with Conditions;ProHers, Open CUP for Outdoor Recreatlona! Facility
Space Prornotimr or PDHd Overlays
# DATE REQUEST APPLICANT ACTION
1 09/26/2000 Use Permit (church addition) Calvary Assembly of God Approved
01/09/1996 Use Permit (child-care in Kempsville Conservation Approved
church) Synagogue
05/13/1985 Use Permit (preschool) Janet Kottke Approved
06/13/1983 Use Permit (private school) Bellamy Manor Preschool Approved
05/08/1972 Use Permit church A roved
2 01/09/1996 Use Permit (childcare in Kempsville Conservative Approved
religious facility) Synagogue
07/07/1992 Use Permit (church) Kehillat Bet Hamidrash Approved
11/14/1988 Use Permit rivate school Kehillat Bet Hamidrash A roved
3 08/08/2006 Modification of Conditions Janet Kottke Approved
(private school)
08/11/1998 Modification of Conditions Robert & Jan Kottke Approved
(private school)
09/12/1995 Modification of Conditions Robert & Janet Kottke Approved
(private school)
08/11/1998 Modification of Conditions Robert and Janet Kottke A roved
4 03/28/2000 Use Permit church ex ansion Road to Emmaus A roved
5 10/19/1987 Subdivision Variance A roved
ZONING HISTC
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF
Agenda ItE
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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, a#c. below: (Attach list if necessary)
Please see attachment.
2. List all businesses that have aparent-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:
7. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Dr. Daniel Geatt (Pastor), Rhonda E. Naugle (Office Administrator), Clifl Holmquist (Trustee)
2. List all businesses that have a paren#-subsidiary' or affiliated business entityZ
relationship with the applicant: (Attach list if necessary)
~1 Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& `See next page for footnotes
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Does an official or employee of the City of Virginia Beach have an interest in the ~~
subject land? Yes No xxX
if yes, what is the name of the official or employee and the nature of their interest?
Corrditionat tJse PermJi Applicailon
Page 9 of 10
Revised 713!2007
DISCLOSURE STATEMENT
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 10
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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 archi#ectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
"'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 properly at
least 30 days priorto 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 photo view the es of processing and evaluatin this application.
S ~'~
Appli~rant';;-6ignatur~ rint Name
than applicant) W~irtf Name
Conditional Use Permt Application
Page t0of 10
Revised 7/3/2007
DISCLOSURE STATEMENT
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 11
Applicant disclosure (pe91
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Old Dominion Soccer Club: Jim Kling (President), Mike Sekeet (Vice President),
Hans Rodriguez (2nd Nice President), William M. Collier (Treasurer), Susan Murrell
(VSLI rep), Diane Kinka (Secretary)
DISCLOSURE STATEMENT
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 12
Rough Cost Estimate
For Installation of Permanent Light Fixtures
Lights = 2,280
Light pole ~ $440 + 45 for delivery
Ditch witch for digging the trench = $149/ day
Truck rental to tow the ditch witch = 20/ hour for ~ 4 hours
Trees = $1550 not counting delivery
Photometric Plan = $300
labor for planting trees "Price Unknown"
Crane to set light poles in place "Price Unknown"
Auger to dig holes for the light poles "Price Unknown"
Electrician "Price Unknown"
Total of known items = $4,844.00
LIGHTING FIXTURE COST ESTIMATE
OLD DOMINION SOCCER CLUB /CALVARY ASSEMBLY OF GOD
Agenda Item 19
Page 13
Item #19
Old Dominion Soccer Club (ODSC)
Conditional Use Permit
4925 Providence Road
District 2
Kempsville
June 8, 2011
CONSENT
An application of Old Dominion Soccer Club for a Conditional Use Permit for an outdoor recreational
facility -soccer fields on property located at 495 Providence Road. GPIN: 14669280040000, District 2,
Kempsville.
CONDITIONS
1. The site shall be developed and designed substantially in accordance with the submitted marked-up
"Preliminary Site Layout Plan; Family Life Center Building Calvary Assembly of God" by Verebely &
Associates, Architects and dated June 13, 2000, and last revised June 20, 2000. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. The lighting on the soccer fields shall be insubstantial compliance with the submitted lighting plan,
entitled "Site Plan, Old Dominion Soccer Club, Calvary Assembly of God", by Lynx Design Group, LLC and
dated December 15, 2010.
3. The soccer fields shall be a minimum of 60 feet from the rear property line.
4. All parking for activities associated with the soccer club shall be accommodated on site.
5. All soccer play must stop by 9:00 p.m.; all soccer club visitors and players shall be off the premises and all
field lights turned off by 9:30 p.m.
6. Every attempt shall be taken to protect all existing trees on-site. For every damaged or removed tree,
mitigation of two canopy trees shall be installed in its place.
A continuous buffer of trees and shrubs shall be installed along the south portion of the property
adjacent to the residential district. Trees shall be installed at a minimum height of 6 feet and shrubs shall
be at a minimum height of 36 inches. New landscape materials shall be installed where the existing
buffer along the southwest portion of the property is not adequate. Shrubs provided shall reach a
minimum height often (10) feet or greater at maturity and consist of at least seventy (70) percent
evergreen species. The trees provided shall be medium size evergreen species that reach a minimum
height of forty (40) feet at maturity and provide a branching structure that is continuous to the ground.
The spacing and location of proposed landscape material shall be identified within a landscape plan to be
reviewed and approved by the Planning Department /Development Service Center. The proposed
landscape material shall be spaced and located to provide the most effective screening for the
surrounding community.
8. No adult leagues or adult practices shall be permitted on the soccer fields.
Item #19
Old Dominion Soccer Club (ODSC
Page 2
9. No bleachers or other forms of spectator seating shall be permitted on this site.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED)
concepts and strategies as they pertain to this site.
AYE 9 ABS 0 ABS 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY
RUSSO AYE
STRANGE AYE
THORNTON
By a vote of 9-0, the Board approved Item #19 for consent.
ABSENT 2
ABSENT
ABSENT
Jim Kling appeared before the Board on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH (LISHELLE PLACE), Chance of Zoning District
Classification, B-2 to Conditional 1-1, 2656 Lishelle Place (GPIN 1496544149).
Comprehensive Plan -Suburban Area. BEACH DISTRICT.
MEETING DATE: July 5, 2011
^ Background:
The applicant proposes to rezone the existing B-2 property in order to lease the site to a
battery-pack assembly, sales and distribution facility. This overseas company will use
this property as their US headquarters. The company imports the lithium battery cells
that are assembled into plastic packs for a variety of portable equipment such as power
tools, medical devices, communication equipment, etc. The facility will employ 10 - 15
people initially. Battery cells will be brought in by shipping containers from the port and
unloaded on site. Final assembled product will be shipped out via private trucking
provided. There will be some temporary containers on site while being unloaded.
^ Considerations:
Rezoning the property from the B-2 District to I-1 District and the proposed conditional
use of the site for temporary storage of portable containers is consistent with the
development and redevelopment policies set forth in the Comprehensive Plan for
Special Economic Growth Area #2 and with the General Land Use Plan contained in
APZ-1/Clear Zone Master Plan.
The storage containers will be temporarily on site for an undetermined number of days.
This Conditional Use Permit will allow the storage containers on site in a designated
location. The containers will be located towards the rear of the property. Screening of
containers will be essential so as not to compromise the use, enjoyment and economic
value of adjoining properties. The residences across Lishelle Place appear to be
adequately screened from the subject property with existing privacy fencing located
along the rear of their lots.
It is recommended that existing perimeter site landscaping be retained and additional
perimeter landscaping or other well-designed, attractive screening along the sides and
rear of the property be installed to protect the use of adjacent users and adequately
screen service areas.
Staff recommends approval of this request with the submitted proffers and conditions.
There was no opposition to the request.
City of Virginia Beach- Lishelle Place
Page2of3
^ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a motion by
a recorded vote of 9-0, to recommend approval of this request to the City Council with
the following proffers and conditions:
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 redeveloped, it shall be as substantially in accordance with the "2656
LISHELLE PLACE, VIRGINIA BEACH ECONOMIC DEVELOPMENT -CONCEPTUAL
LAYOUT", not dated, prepared by Vanasse Hangen Brustlin, Inc., which has been exhibited
to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (the "Concept Layout").
PROFFER 2:
When the Property is developed, the renovated building, exterior building materials and
colors of the building shown on the Concept Plan will be substantially as depicted on the
exhibit entitled "Perspective Rendering", not dated, which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning (the
"Elevations").
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 City Attorney's Office has reviewed the proffer agreement dated May 24, 2011, and
found it to be legally sufficient and in acceptable legal form.
CONDITIONS
1. Container storage of materials related to the business shall be limited to the area defined
as Temporary Container Location adjacent to the dumpster area designated on the
submitted plan entitled "2656 LISHELLE PLACE, VIRGINIA BEACH ECONOMIC
DEVELOPMENT -CONCEPTUAL LAYOUT", not dated, prepared by Vanasse Hangen
Brustlin, Inc., which has been exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Department of Planning (the "Concept Layout")
2. The area for the temporary containers shall be screened from view at the street and
containers shall not be stacked one on top of another.
City of Virginia Beach- Lishelle Place
Page 3 of 3
3. Landscaping is to be provided in front of the loading area to screen from the property
entrance.
4. A separate landscape plan shall be required at site plan review documenting all existing
landscaping and the site be brought into compliance with the requirements of the Site Plan
Ordinance, Appendix C, Section 5A, Parking Lot and Foundation Landscaping.
5. There shall be no outdoor storage of equipment.
6. The applicant shall obtain all required permits and inspections from the Planning
Department's Permits and Inspections Division and the Fire Department prior to occupancy.
^ 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: ~, !~
BEACH
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7&8
June 8, 2011 Public Hearing
APPLICANT/ PROPERTY OWNER:
CITY OF VIRGINIA
BEACH -
LISHELLE PLACE
STAFF PLANNER: Karen Prochillo
REQUEST:
Conditional Change of Zoning (B-2 Business to Conditional I-1 Industrial)
Conditional Use Permit (Bulk Storage Containers)
ADDRESS /DESCRIPTION: 2656 Lishelle Place
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14965441490000 BEACH 67,264 square feet Greater than 75 d6 DNL
APZ1
SUMMARY OF REQUEST
The applicant proposes to rezone the existing B-2 property in order to lease the site to a battery-pack
assembly, sales and distribution facility. This overseas company will use this property as their US
headquarters. The company imports the lithium battery cells that are assembled into plastic packs for a
variety of portable equipment such as power tools, medical devices, communication equipment, etc.
The facility will employ 10 - 15 people initially. Battery cells will be brought in by shipping containers from
the port and unloaded on site. Final assembled product will be shipped out via private trucking provided.
There will be some temporary containers on site while being unloaded.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: commercial building and associated parking
CITY OF VIRGINIA BEACH - LISHELLE PLACE
Agenda Item 7 & 8
Page
SURROUNDING LAND North: . Office -Warehouse / I-1 Light Industrial District
USE AND ZONING: South: Lishelle Place
• Single Family Residential / R 7.5 Residential District
East: . Bowling Alley / B-2 Community Business District
West: Shooting Range / B-2 Community Business District
NATURAL RESOURCE AND There are no significant environmental or cultural features on the site as
CULTURAL FEATURES: it is predominately impervious.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the subject property as being located in the Suburban Area -Special
Economic Growth Area (SEGA) #2, West Oceana. Much of this area is subject to Navy restrictive
easements and all of this area is inside the AICUZ high noise zone. This is viewed as a special area with
significant economic value and growth potential. The City supports development and redevelopment of this
area consistent with AICUZ provisions and the City's economic growth strategy.
The subject property is located within Accident Potential Zone 1 (APZ-1) and guidance regarding appropriate
future land use for this property is found in the APZ-1/CZ Master Plan, Sub-Area E. The Master Plan's
General Land Use Plan Map designates this area as "compatible non-residential." Compatible non-residential
uses include the categories of manufacturing, trade, services, agricultural and cultural uses where there is a
limited density of people.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTPI /CAPITAL IMPROVEMENT PROGRAM (CIPI:
The site is located on the north side of Lishelle Place approximately 750 feet east of its signalized intersection
with Lynnhaven Parkway. The site has two entrances to Lishelle Place. Lishelle Place is a two lane local
street that is not listed in the Master Transportation Plan Major Street Network Ultimate Rights-of-Way.
Lynnhaven Parkway is a six lane urban major arterial. This segment is listed in the Master Transportation
Plan Major Street Network Ultimate Rights-of-Way as an eight-lane arterial in a 170' right-of-way. There are
no roadway CIP projects in the vicinity of the site.
TRAFFIC: Present
Street Name Volume Present Capacity Generated Traffic
Lynnhaven 36,400 ADT Up to 42,100 ADT Existing Land Use -
Parkway (Level of Service "D") - 626 ADT / 0 ADT
Ca acit Proposed Land Use 3-
Lishelle Place Unknown ADT Up to 9,900 ADT 252 ADT
(Level of Service "D") -
Ca acit
Average Daily Trips
s as defined by 150-employee call center /vacant building
s as defined b 75-em to ee li ht industrial er AICUZ letter
CITY OF VIRGINIA BEACH - LISHELLE PLACE
Agenda Item 7:& 8
Page 2
STORMWATER:
Redevelopment of the parcel will require a storm water quality plan. If the property is used to store and
assemble battery cells onsite, the company will need to develop good storm water management practices.
Concern is for outdoor exposure of materials, which could impact the water quality of the downstream
receiving storm drain system.
WATER: This site connects to city water. The existing water service can be used or upgraded to
accommodate this proposal. There is an 8 inch city water line in Lishelle Place.
SEWER: This site connects to city sanitary sewer. Sanitary sewer and pump station analysis for Pump Station
#527is required to determine if future flows can be accommodated. There is an 8 inch city gravity sanitary
sewer main in Lishelle Place. There is an 8 inch city gravity sanitary sewer main in an easement along the
western property line.
EVALUATION AND RECOMMENDATION
Rezoning the property from the B-2 District to I-1 District and the proposed conditional use of the site for
temporary storage of portable containers is consistent with the development and redevelopment policies
set forth in the Comprehensive Plan for Special Economic Growth Area #2 and with the General Land
Use Plan contained in APZ-1/Clear Zone Master Plan.
While the site is not being redeveloped, the Comprehensive Plan's General Community Appearance
Design Guidelines promote quality in design for all developments. Each development should incorporate
environmentally sensitive design that protects the integrity of existing neighborhoods, complements
adjacent land uses, incorporates crime prevention principles and enhances the overall function and visual
quality of the street, neighboring properties and community. Industrial development should utilize
appropriate design elements to avoid intrusive visual, noise, odor and other potential impacts on adjacent
uses (p. A-7).
The Special Area Development Guidelines for the Suburban Area may be applied to large-scale
development, infill projects or areas of redevelopment to improve the quality of our physical environment.
These guidelines address site landscaping, stating that development that incorporates a carefully
designed landscape package are more attractive, safer and retain higher economic value than those that
do not. In the absence of vegetation, new plant material should be added to the development plan to
achieve a high quality physical environment. The placement of appropriate plant materials and screening
to buffer or veil loading areas and trash enclosure should be included. Screening may include fences,
walls, berms, hedgerows and massing of plant material. All enclosures should be designed with durable
materials or be from a selection of hardy native plant materials. If walls are used, they should match the
dominant material and color used in the building. Design continuity should be maintained between the
building, trash enclosure area, and the wall plane used for screening.
The storage containers will be temporarily on site for an undetermined number of days. This Conditional
Use Permit will allow the storage containers on site in a designated location. The containers will be
located towards the rear of the property. Screening of containers will be essential so as not to
CITY OF VIRGINIA BEACH - LISHELLE PLACE
Agenda Item 7 & 8
Page 3
compromise the use, enjoyment and economic value of adjoining properties. The residences across
Lishelle Place appear to be adequately screened from the subject property with existing privacy fencing
located along the rear of their lots.
It is recommended that existing perimeter site landscaping be retained and additional perimeter
landscaping or other well-designed, attractive screening along the sides and rear of the property be
installed to protect the use of adjacent users and adequately screen service areas.
Staff recommends approval of this request with the submitted proffers provided below, and with the
conditions 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 redeveloped, it shall be as substantially in accordance with the "2656 LISHELLE
PLACE, VIRGINIA BEACH ECONOMIC DEVELOPMENT -CONCEPTUAL LAYOUT", not dated, prepared
by Vanasse Hangen Brustlin, Inc., which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning (the "Concept Layout").
PROFFER 2:
When the Property is developed, the renovated building, exterior building materials and colors of the building
shown on the Concept Plan will be substantially as depicted on the exhibit entitled "Perspective Rendering",
not dated, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (the "Elevations").
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 fhe level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated May 24, 2011, and found it to be legally
sufficient and in acceptable legal form.
CONDITIONS
1. Container storage of materials related to the business shall be limited to the area defined as
Temporary Container Location adjacent to the dumpster area designated on the submitted plan
CITY OF VIRGINIA BEACH -LISHELLE PLACE
Agenda Item 7 & 8
Page 4
entitled "2656 LISHELLE PLACE, VIRGINIA BEACH ECONOMIC DEVELOPMENT -CONCEPTUAL
LAYOUT", not dated, prepared by Vanasse Hangen Brustlin, Inc., which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the
"Concept Layout")
2. The area for the temporary containers shall be screened from view at the street and containers shall
not be stacked one on top of another.
3. Landscaping is to be provided in front of the loading area to screen from the property entrance.
4. A separate landscape plan shall be required at site plan review documenting all existing landscaping
and the site be brought into compliance with the requirements of the Site Plan Ordinance, Appendix C,
Section 5A, Parking Lot and Foundation Landscaping.
5. There shall be no outdoor storage of equipment.
6. The applicant shall obtain all required permits and inspections from the Planning Department's Permits
and Inspections Division and the Fire Department prior to occupancy.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review fo meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Ot~ce within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(OPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH -LISHELLE PLACE
Agenda Item 7 & 8
.Page 5
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CITY OF VIRGINIA BEACH - LISHELLE PLACE ''
Agenda Item 7 & 8 -_
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PROPOSED S
CITY OF VIRGINIA BEACH -LISHELLE PLACE Vx~
Agenda Item 7 & 8
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PROPOSED BUILDING REI
CITY OF VIRGINIA BEACH - LI
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# DATE REQUEST AC TION
1 07/13/2004 Conditional Use Permit Reli ious Facilit A proved
2 10/12/1993 Conditional Use Permit Bin o Hall A roved
3 01/23/1989 Conditional Use Permit Shootin Ran a Ap proved
4 04/22/1985 Rezonin I-1 to B-2 Ap proved
04/22/1985 Conditional Use Permit Bowlin Alle Ap roved
ZONIN
CITY OF VIRGINIA BEACH - LI
Page 9
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
ff 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)
CITY OF VIRGINIA BEACH (SEE ATTACHED LIST)
2. List all businesses that have aparent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
~/ 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)
CITY OF VIRGINIA BEACH
2. List all businesses that have aparent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
/~ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& `See next page for footnotes
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Does an official or employee of th^e City of Virginia Beach have an interest in the
subject land? Yes ^ No /
If yes, what is the name of the official or employee and the nature of their interest?
N/A o
Conditional Rezoning Application V
Page 11 of 72
Revised 11/16121x)6
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH - LISHELLE PLACE
Agenda Item 7.& 8
Page 10
DISCLOSURE STATEMENT
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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)
N/A
' "Parent-subsidiary n:lationship" means °a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
s "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiaryrelationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, 1 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.
1 ~ °'L..
Appl cant' Signature
Prop rty Br's Signature ('tf Brent than applicant)
James K. Spore /City Manager
Print Name
SAME AS APPLICANT
Print Name
Conditional Rezoning gpplicatbn
Page 12 of 12
Revised 7/3!2007
CITY OF VIRGINIA BEACH - LISHELLE
Agenda Item 7 & 8
Page 11
DISCLOSURE STATEMENT
z
APPLICANT DISCLOSURE ~
If the applicant is a t~rporation, 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)
CITY OF VIRGINIA BEACH (SEE ATTACHED LIST)
2. List all businesses that have aparent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
Check here ff the applicant is NOT a corporation, partnership, firm, business
or
,
other unincorporated organization. `
PROPERTY OWNER DISCLOSURE
Complete this section only ii 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
rtn
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b
A
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, pa
ers, e
c.
e
ow: (
ttac
st if necessary)
CITY OF VIRGINIA BEACH
2. List all businesses that have aparent-subsidiary' or affiliated business entity2 H
F
relationship with the applicant: (Attach list if necessary)
N/A ~
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 e~Joyee of~Ciry of Virginia Beach have an interest in the 1"~~
subject land? Yes ~ No /
If yes, what is the name of the official or employee and the nature of their interest?
N/A
O
C.orWitional Use Permit Application
Page B of 10
Revised 7!312007
CITY OF VIRGINIA BEACH - LISHELLE PLACE
Agenda Item 7 & 8
Page 12
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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)
NIA
' `Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
s "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
beiween the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, 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.
James K. Spore /City Manager
A lican 's Signature Print Name
SAME AS APPLICANT
Pr a Owner's gnature i ent than applicant) Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 7/3/20D7
CITY OF VIRGINIA BEACH - LISHELLE PLACE
Agenda Item 7;& 8
Page-13
Items #7 & 8
City of Virginia Beach
Conditional Change of Zoning
Conditional Use Permit
2656 Lishelle Place
District 6
Beach
June 8, 2011
CONSENT
An application of the City of Virginia Beach for a Conditional Change of Zoning from B-2 Business to
Conditional I-1 Industrial and a Conditional Use Permit for bulk storage containers on property located
at 2656 Lishelle Place. GPIN: 14965441490000, District 6, Beach.
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 redeveloped, it shall be as substantially in accordance with the "2656 LISHELLE PLACE,
VIRGINIA BEACH ECONOMIC DEVELOPMENT -CONCEPTUAL LAYOUT", not dated, prepared by Vanasse
Hangen Brustlin, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (the "Concept Layout").
PROFFER 2:
When the Property is developed, the renovated building, exterior building materials and colors of the
building shown on the Concept Plan will be substantially as depicted on the exhibit entitled "Perspective
Rendering", not dated, which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (the "Elevations").
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 City Attorney's Office has reviewed the proffer agreement dated May 24, 2011, and found it to be
legally sufficient and in acceptable legal form.
CONDITIONS
Items #7 & 8
City of Virginia Beach
Page 2
Container storage of materials related to the business shall be limited to the area defined as Temporary
Container Location adjacent to the dumpster area designated on the submitted plan entitled "2656
LISHELLE PLACE, VIRGINIA BEACH ECONOMIC DEVELOPMENT -CONCEPTUAL LAYOUT", not dated,
prepared by Vanasse Hangen Brustlin, Inc., which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning (the "Concept Layout")
The area for the temporary containers shall be screened from view at the street and containers shall not
be stacked one on top of another.
3. Landscaping is to be provided in front of the loading area to screen from the property entrance.
4. A separate landscape plan shall be required at site plan review documenting all existing landscaping and
the site be brought into compliance with the requirements of the Site Plan Ordinance, Appendix C,
Section 5A, Parking Lot and Foundation Landscaping.
5. There shall be no outdoor storage of equipment.
6. The applicant shall obtain all required permits and inspections from the Planning Department's Permits
and Inspections Division and the Fire Department prior to occupancy.
NOTE: Further conditions maybe required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning /Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED)
concepts and strategies as they pertain to this site.
AYE 9 ABS 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY
RUSSO AYE
STRANGE AYE
THORNTON
ABS 0 ABSENT 2
ABSENT
ABSENT
By a vote of 9-0, the Board approved Item #7 & 8 for consent.
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'FS 2~=y„r~1~1~ S
,UF OUR~N F~T~~t,
In Reply Refer To Our File No. DF-8010
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
DATE: June 23, 2011
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wils~rt- DEPT: City Attorney
RE: Conditional Zoning Application; City of Virginia Beach, 2656 Lishelle Place
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 5, 2011. I have reviewed the subject proffer agreement, dated May
24, 2011 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
PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIlZGINIA BEACH, a municipal corporation of the Commonwealth of Virginia.
THIS AGREEMENT, made this L~ day of May, 2011, by and between THE CITY OF
VIRGINIA BEACH, municipal corporation of the Commonwealth of Virginia, party of the first
part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, parry of the second part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of that parcel of properly located in the
Beach District of the City of Virginia Beach, containing approximately 67,264 square feet which is
more particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference. Said parcel is hereinafter referred to as the "Property"; and
WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the Zoning Classification of the Property from B-2 Community Business District to Conditional I-1
Industrial 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: 1496-54-4149
Prepared by:
Office of the City Attorney
Municipal Center, Building 1
2401 Courthouse Drive, Room 260
Virginia Beach, Virginia 23456
i
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at the
same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community that are
not generally applicable to land similarly zoned are needed to cope with the situation to which the
Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the
public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for the I-1 Zoning District by the existing overall Zoning
Ordinance, the following reasonable conditions related to the physical development, operation, and
use of the Property to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by
or exaction from the Grantee or its governing body and without any element of compulsion or uid
for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenant and agree that this declaration
shall constitute covenants running with the Property, which shall be binding upon the Property and
upon all parties and persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is redeveloped, it shall be as substantially in accordance with the
"2656 LISHELLE PLACE, VIRGINIA BEACH ECONOMIC DEVELOPMENT -
CONCEPTUAL LAYOUT", not dated, prepared by Vanasse Hangen Brustlin, Inc., which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (the "Concept Layout").
2. When the Property is developed, the renovated building, exterior building materials
and colors of the building shown on the perspective rendering will be substantially as depicted on
the exhibit entitled "Perspective Rendering", not dated, which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning .
2
3. Further conditions maybe 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.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The conditions, however,
may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is consented to
by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, `after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority
(a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring
legal action or suit to insure compliance with such conditions, including mandatory or prohibitory
injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as maybe appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantor shall petition the governing body for the review thereof prior to 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
3
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 name of the Grantor and the
Grantee.
WITNESS the following signature and seal:
Grantor:
THE CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia
By: (SEAL)
CITY MANAGER/ AUTHORIZED DESIGNEE
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument
2011, by _,~
Designe f the City of Virginia Bear
My Commission Expires: /
My Registration Number: ~Jf
was acowledged before me this 2~- day of
~`~" t~ . -C ~ ~~e %"~" th Authorized
;h.
•_~'~~..
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NOTARY PUBLIC '~
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4
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT certain 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, being
known, numbered and designated as Parcel A-9, 1.572 ACRES as
shown on that certain plat entitled, "SUBDIVISION OF PARCEL
A-8 AND A-9, LYNNHAVEN SQUARE (D.B. 2511 P. 1657)
(M.B. 172, P. 36) PRINCESS ANNE BOROUGH-VIRGINIA
BEACH, VIRGINIA", dated May 1987, and made by Basiger and
Associates, which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Deed Book 2655, at
page 1740.
IT BEING the same property conveyed to the City of Virginia $each
by deed from Rusmil Properties, LLC, a Virginia limited liability
company, dated September 4, 2008, duly recorded in the aforesaid
Clerk's Office as Instrument Number 20080924001122040.
5
L. APPOINTMENTS
BAYFRONT ADVISORY COMMITTEE
COMMUNITY SERVICES BOARD
HISTORICAL REVIEW BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY COUNCIL RETREAT
FRIDAYAUGUST S, 2011
8:00 - 5:00 P.M.
ECONOMIC
DEVELOPMENT
NATIONAL NIGHT OUT
OCTOBER 4, 2011
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 6/28/2011
PAGE: 1 D S
E D H E W
AGENDA D S I E J S U 1
ITEM # SUBJECT MOTION VOTE A T E D N O S H L \N
V E Z Y L N O R S O
I P E E E E M I O O
S H L R Y S S N N I)
I CITY COUNCIL BRIEFINGS:
CI'CY COUNCIL REDISTRICTING Kimball Brace,
PLANS President, Election
Data Services, Inc.
HUMAN RIGHTS COMMISSION Fay Silverman, Chair
Annual Report
PROCESS IMPROVEMENT STEERING Councilman Bob
COMMITTEE Dyer
Chairman Richard
"Tuck" Bowie
II CITY MANAGER'S BRIEFINGS:
ANIMAL CARE/ADOPTION CENTER Chief James Cervera
IMPROVEMENTS
INTERIM FINANCIAL STATEMENT Patricia Phillips,
Director -Finance
III/IVNNI CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y A Y Y Y Y Y Y Y
/E SESSION B
S
T
A
I
N
E
D
F/ G MINUTES -June 28, 2011 APPROVED 8-0 Y A Y Y Y Y Y Y A ~'
B B
S S
T T
A A
I I
N N
E E
D D
H PUBLIC HEARING NO SPEAKERS
LEASE OF CITY PROPERTY
1719 Virginia Beach Boulevard
UJ/l Ordinances to AMEND the City Code: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y
CONSENT
a. ADD Business License Incentive
Program for New Business
b. ADD creation of the Animal
Control Unit Advisory Board
c. Trespassing after forbidden to do so
d. Illeval Gambline definitions
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 6/28/20 l 1
PAGE: 2 D S
E D H E W
AGENDA D S I E J S U I
ITEM # SUBJECT MOTION VOTE A T E D N O S H L W
V E Z Y L N O R S O
I P E E E E M I O O
S H L R Y S S N N I)
e. Discharge/possession of
Firearms/Air Guns/etc.
f Animals on beaches
2 Resolution to DIRECT a Petition fora ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y
W rit of Special Election to fill City CONSENT
Council At-Large be filed with the Circuit
Court
3 Resolution to RESUME "Ro-ling'> DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y 5'
Biennial Budget, beginning FY2012-13 7/5/11, BY
CONSENT
Budget process
4 Ordinance to AUTHORIZE Agreement ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y 1'
with United Football League re CONSENT
Sportsplex
5 Resolution to CLARIFY ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y y'
duties/composition/terms of Energy CONSENT
Advisory Committee
6 Ordinance to APPOINT Viewers re ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y y'
street/alleyway closures CONSENT
7 Ordinance to DIRECT prequalification of ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y l'
non-transportation related construction CONSENT
contracts valued $100,000 - $500,000
8 Resolution to designate reductions in ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y 1'
State Aid to Localities/Police CONSENT
Ordinance to allow EMS operation within
9 the City ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y
CONSENT
a. Eastern Shore Ambulance
b. American Lifeline Medical
Transport, Inc.
c. Mid-Atlantic Regional Ambulance,
Inc.
d. CHKD Transport Team
e. Special Event Provides of
Emergency Medicine
E Nightingale Regional Air
Ambulance
Lifeline Ambulance Service, Inc.
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 6/28/2011
PAGE: 3 D S
E D H E W
AGENDA D S I E J S U I
(TEM # SUBJECT MOTION VOTE A T E D N O S H L W
V E Z Y L N O R S O
I P E E E E M I O O
S H L R Y S S N N I)
h. Life Evac Virginia
i. Eagle Medical Transports
j. Medical Transport, LLC
10 Ordinance to AUTHORIZE ADOPTED, 10-0 Y Y Y Y Y Y Y Y Y Y
encroachment into portion of City-owned CONDITIONED,
property for NINO/ SAMANTHA BY CONSENT
LOGAN into Harbor Canal at 2333
Leeward Shore Drive (DISTRICT 5 -
LYNNHAVEN)
11 Ordinance to ALLOW use of $11,767 of ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y
FY 2012 Budget funds for the CONSENT
Sheriff/$82,007 for Master Deputies re
State reimbursements
12 Ordinance to AMEND FY 2011-12 ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y
Budget of Housing/Neighborhood CONSENT
Preservation to reflect reductions in
Federal funding
13 Ordinances to APPRORIATE: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y 1'
CONSENT
a. $135,000 to City Treasurer re mail
processing/equipment and office
renovation
b. Code Enforcement Revenues to the
FY 2011-12 Operating Budget of
Housing and Neighborhood
Preservation
c. $74,000 from U.S. Criminal Justice
to Police re response to Acts of
Terrorism
d. $900 to Fire Station 7/$200 to Fire
Station 10 from Fire Gift Fund
e. TRANSFER $159,921 re moving
GrowSmart from Libraries to
Economic Development
K-1 M[LITARY AVIATION APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y
MUSEUM/VIRGINIA BEACH REVISED
CONDITIONS
AIRPORT, LLC Modification of a CUP
(approved January 9, 2007) at 1341
Princess Anne Road (DISTRICT 7 -
PRINCESS ANNE)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 6/28/2011
PAGE: 4 D S
E D H E W
AGENDA D S I E J S U I
ITEM # SUBJECT MOTION VOTE A T E D N O S H L W
V E Z Y L N O R S O
I P E E E E M 1 O O
S H L R Y S S N N L)
2 SUKIIWINDER BHARJ at 5792 APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y
Northampton Boulevard (DISTRICT 4 - CONDITIONED,
BAYSIDE) BY CONSENT
a. Variance to §4.4(b) of Subdivision
Ordinance
b. CUP re mini warehouse storage
3 CITY for closure, of public r-o-w at 2201 APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y
Elson Green Ave/2077 PA Road with CONDITIONED,
conveyance to David B./Luke H. Hill BY CONSENT
(DISTRICT 7 -PRINCESS ANNE)
L. APPOINTMENTS:
BAYFRONT ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U S
COMMUNITY SERVICES BOARD
HISTORICAL REVIEW BOARD
MILITARY ECONOMIC
DEVELOPMENT ADVISORY
COMMITTEE
HUMAN RIGHTS COMMISSION REMOVED, BY 10-0 Y Y Y Y Y Y Y Y Y Y
CONSENSUS
EASTERN VIRGINIA MEDICAL Appointed 3 Yr. 10-0 Y Y Y Y Y Y Y Y Y ~'
SCHOOL Term 7/1/11-6/30/14
David A. Arias
TOWING ADVISORY BOARD Reappointed 3 Yr 10-0 Y Y Y Y Y Y Y Y Y 1'
Term 6/1/11-5/31/13
Louis P. Ochave
MM/0 ADJOURNMENT 6:18
CITY COUNCIL CANDIDATES - AT LARGE VACANCY
Selected for Public Interviews
Carray Banks, Jr.
Tanya Bullock
Dennis E. Free
William R. Miller, III
John D. Moss
Amelia N. Ross-Hammond
Prescott Sherrod
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 6/28/2011
PAGE: 5 D S
E D H E W
AGENDA D S I E J S U I
ITEM # SUBJECT MOTION VOTE A T E D N O S H L W
V E Z Y L N O R S O
I P E E E E M I O O
S H L R Y S S N N D
CITY COUNCIL RETREAT
FRIDAYAUGUST 5, 2011
8:00-S:OOP.M.
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
NATIONAL NIGHT OUT
OCTOBER 4, 2011
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