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JULY 5, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICF. MAYOR LOUlS R. JONES, Bayside -District 4 G/,ENN R. DAMS, Rose Hall - Distrtct 3 WILL/AM R. UeSTL'PH, At-Large HARRY E'. D/EZEL, Kempsville -District 2 ROBERT M. DYh'12. Centerville -District BARBARA M. HF.NI,EY, Princess Anne District 7 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At-Large JAMES L . WOOD, lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CI %'Y ATTORNEY -- MARK D. STILES CI l'Y ASSESSOR - .IERALD D. BANAGAN Cl%'YAUDIT012 - LYNDONS. REMIAS CITY CLERK -RUTH HOUGES FRASER, MMC CITY COUNCIL AGENDA 5 July 2011 CITY HALL BUILDING 2401 COURTHOUSE DR/VE V/RGINIA BEACH, VIRGIN/A 23456-9005 PHONE: (757J 385-4303 FAX (757J 385-5669 E-MA/L: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING -Conference Room - 5:00 PM 1. SEVERE REPETITIVE LOSS Program Dave Hansen, Deputy City Manager II II. CITY COUNCIL LIAISON REPORTS II III. CITY COUNCIL COMMENTS II 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 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/RE SOLUTI ON 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 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~' 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 S, 2011 8:00-S:OOP.M. ECONOMIC DEVELOPMENT NATIONAL NIGHT OUT OCTOBER 4, 2011 -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July S, 2011 Mavor William D. Sessoms, Jr., called to order the CITYMANAGER'S BRIEFING re the SEVERE REPETITIVE LOSS Program in the City Council Conference Room, Tuesday, July S, 2011, at 5:00 P.M. Council Members Present: 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 Absent.• None July 5, 2011 -2- CITY MA NAGER `S BRIEFING SEVERE REPETITIVE LOSS PROGRAM ITEM #61057 S: 00 P.M. The Mayor introduced David L. Hansen, Deputy City Manager, to brief City Council re the Severe Repetitive Loss Program. Mr. Hansen advised just nineteen (19) months ago, the City faced one of the most severe weather events since Hurricane Isabel. The Nor'easters in November and December 2009 were the most intense Nor'easters that most remember. The City had four days on "Stacked Tides" that kept packing the Lynnhaven and the Nor'easter wind did not allow the low tide to take the water out so we had a continual buildup inside the Lynnhaven. The property owners that weathered Isabel felt as though they were going to be fine. What we did not realize is that "stacking tides "kept building the elevation of water inside the Lynnhaven and ended up inidating over three hundred (300) properties throughout the City. Not all of the properties were on the Lynnhaven, some were in Sandbridge and various other neighborhoods that were impacted. In the aftermath of the storm, we had a series of phone calls to the Mayor, Council Members and City Staff advising that this is a continuing problem. The City Manager assessed the situation and although it did not involve a lot of people, the City decided it is the right thing to do and Mr. Hansen was asked to formulate a Team and become actively engaged in deciding what programs exist with Federal Emergency Management Agency (FEMA) to get assistance for our residents. July S, 2011 -3- CITYMANAGER `SBRIEFING SEVERE REPETITIVE LOSS PROGRAM ITEM #61057 (Continued) .~ _ --._ Hazard Mitigation Program Twin Nor'easters in November and December, 2009 • Presidential Declaration • Numerous phone calls from homeowners regarding mitigation • Owners receiving SRL letters from FEMA and looking for mitigation programs. • Impacts: About 300 properties affected Exceeded Isabel -second highest on record Tidal stacking within the Lynnhaven .--" Catalyst Hampton Roads Sewell's Point Tidal and Sur a Information I I I III II l IIN~ l ~ .9~ w. 30.11 3L56 }9.00 19 ;; 1..56 12.00 iD 56 LDD 9 6.6a 1933 NWrfmndAXAiws MLLW . 0.01 S.A6 6.62 1.0 ROCCUd50NCE EVE11Y 10 YF7JIS ~E%1NEMEf 400 Sala 6.51 Nwrken~{laMf/]l/3W37.19FOw~nILLW 7.18 5.99 6.3T Wwn MIr'fufrl fa T.TS'Abaw MLLW ].TS S.1B 6.1 7.5n 5.00 S.H Af/r NblMfJvyaMAaf7/19ii 113'AGYtW NLLW T.lI L66 5.63 7.0 ROCCUdS ONCE EVEPY IO YFMS~.YVFPE) T.00 Laa 5.9a lwrrm,~la366,Tr,lno.. MUw 4n a.16 535 TFOnkpwNp Mx'fmOn3PD66 f3',1bo.e MLLW 469 LOl 5.3D lwln NOr'w MQI9l1 i.5P'Abo~e MllW 1.51 L03 Sla CduniGOOayNm'mefm6.SIMw MLLW 463 3.86 l.]l 3.63 Abr'wGr 19s663lAbow MUw 6,O FT OCCl1X50NCE EYERY7YEMS~MOOEAATE) 6.13 3.56 500 3.M 1.66 4.59 hNabr'wsta1ff16.01'AnoKaN1W Nurrba.u Fb,d 1999s9T Mwva MLLW 6.Oa 3.ae 5.97 3.a1 1.51 Nurrku.u Fbarylf565.f3'Abovt MLLW 5.92 3.36 a.51 Nurrkav OOruw l9605.9Y Abora MLLS 5.92 3.36 3.33 a.S FT OCCURa3 i1ME59EF YFAP IMNHOy CttFa3 PMES 9EA YEM a.SD 1.99 56 0 00 1 1.11 l.la 3.560 eswWN~SFrFFrserwarsf-Mlrvvia.«o9•w~iyn roal . . 3.s6 o.ao a.D3 ~µsrwuw 1.95 ~l.u 1.}n wcwaowc~EOw w~TEd~wuwHweff ap wwlwr) o.ao -l.w J.f6 luwnf iUf%dfmrE l/33/199n -/.Sl d.11 Mr. Hansen formulated a Team and this presentation is the result of eighteen (18) months in that effort. We are going to talk about two (2) of the repetitive loss programs that are designed by FEMA, locally administered. We have to go through a process by which the residents submit applications in the case of the severe repetitive loss program and they have to do some verifications on the minor program. Mr. Hansen introduced some key members of the Team, Cheri Haffner -Planning Division, Permits and Inspections Administrator; Mark Gemender -Public Works, Operations Engineer; Jim Redick, Emergency Manager; Thad Leugemors -Senior Financial Consultant, Beck Disaster Recovery; and Lauren Turner -Financial Recovery Specialist, Beck Disaster Recovery. July S, 2011 -4- CITYMANAGER `SBRIEFING SEVERE REPETITIVE LOSS PROGRAM ITEM # 61057 (Continued) ~~__: _~..~ The Team ICC SRLP Jim Redick Thad Leugemors Lauren Turner _.-.--' Cheri Haffner Permits& InspectionsAdministrator Mark Gemender Public Works Operations Engineer EmergencyManager Senior Financial Recovery Consultant Beck Disaster Recovery Financial Recovery Specialist Beck Disaster Recovery 3 Mr. Hansen introduced Cheri Haffner to discuss the "ICC ", Increased Cost of Construction. 5 July S, 2011 -S- CITYMANAGER `SBRIEFING SEVERE REPETITIVE LOSS PROGRAM ITEM # 61057 (Continued) _.- -~fincreased Cost~o~Construction ICC funds are available in addition to any National Flood Insurance Program damage claims reimbursements ICC. funds - up to ~30,00o to elevate/repair structure • Property is located in a Special Flood Hazard Zone • Owner is a NFIP Flood Insurance Policy holder • Flood Damage designated as Substantial Damage • DAMAGE is > 50%~ of MARKF..'I' Value of Residence or qualifies as a Repetitive Loss (z filed claims in io years - eadi > a5~% market value) Owner submits a written. request to City along with • Proof of Loss from Insurance Company or Contractor's Estimate of Repair Costs • Elevation Certificate • City investigates and if qualified prepares standardized letter • i4 properties applied and ai properties approved Owner responsible to submit claim to FEMA/NFIP 6 Mr. Gemender presented further information re the Severe Repetitive Loss Program FEMA Severe Repetitive Loss Program Overview • Authorized in 2004 Flood Insurance Reform Act • Mitigate the effects of repetitive flooding on SRL Properties • Reduce the total number of SRL properties insured by NFIP Save Federal tax dollars through demonstration of an acceptable Benefit-cost ratio and the greatest savings to the National Flood Insurance Fund July S, 2011 -6- CITYMANAGER `SBRIEFING SEVERE REPETITIVE LOSS PROGRAM ITEM # 61057 (Continued) _.~. _ ~~~-~~~"FEMA Severe~~Repetitive Loss Program Overview What is an SRL Property? • Property insured by the National Flood Insurance Program • Property which has had claim payments from the NFIP which are: • Severe: at least $5,000 per claim • Repetitive: at least 4 separate claims within a ten year period totaling at least $20,000 SRL Properties are Identified by DCR and listed with VDEM Properties are evaluated for the benefits of elevation above the Base Flood Elevation (BFE) Three levels of mitigation: • Elevation • Demolition and Reconstruction • Acquire and Relocation ~~^~~FEMA Severe Repetitive Loss Program Overview Goal: to develop an application to FEMA to compete for grant funding with a list of properties which are feasible elevation projects Benefit Cost Analysis -Cost effectiveness determines feasibility. Total application BCA should be greater than 1. • Cost of the proposed mitigation must be less than the predicted future damage to the unmitigated property. • Most beneficial approach is the Greatest Saving to the Fund methodology established by FEMA SRL program is voluntary a Duly s, 2011 -~- CITYMANAGER `SBRIEFING SEVERE REPETITIVE LOSS PROGRAM ITEM # 61057 (Continued) ~~ i~EMA Severe Repetitive Loss Program Overview FEMA SRL Grant program provides: • Ninety percent federal cost share = Ten percent local share borne by homeowners (can use ICC grant up to $30K) = City responsible for ten percent of the pre and post award grant administration costs ~ $20 K --~--' T~ Severe Repetitive Loss Our Approach January 2010 Beck Disaster Recovery(SAIC*) was retained Pre-existing contract with Department of Public Works • BDR is one of the most comprehensive grant administration and disaster program management firms in the nation. Beck(SAIC) delivery order to: • Evaluate VDEM listed SRL properties. • Evaluate other properties for which owners came forward requesting consideration. • Develop application package for submission to FEMA. • Administer Grant when awarded. 'Science Applications International Corporation acquired BDR in July 2009 10 11 July 5, 2011 -8- ITEM # 61057 (Continued) _- -~ Severe Repetitive Loss Our Approach City included source data from: • VDEM validated SRL properties listing • Properties for which letters of Substantial Damage had been issued by the City City collected additional data from: • Online survey that allowed homeowners to provide contact information, address and insurance claim history. • Posted press releases to City homepage and various media outlets to direct homeownersto survey and BDR staff. Resulted in a list of 80 properties to be evaluated • 28 of these properties originally recognized by FEMA as SRLs • 52 non SRL properties Public Works Pre-financing subject to FEMA reimbursement: • $65 K operating and $107K from CIP 7-004 Pre Grant-Award Costs ~z CITYMANAGER `SBRIEFING SEVERE REPETITIVE LOSS PROGRAM Pro ~rtv Evaluation ~ } }} ~t ~I C~ ~ __ .~r ~ -.-~ ~ ' ~~ ~= -- July 5, 2011 -9- CITYMANAGER `SBRIEFING SEVERE REPETITIVE LOSS PROGRAM ITEM # 61057 (Continued) -~-~ " Severe Repetitive Loss Eligible Properties Constant collaboration between city, state, FEMA Region III and property owners to determine eligibility City's application for raising residences (Nov 2010) is now under active review at FEMA: • 9 total Greatest Savings to the Fund Properties, eligible and interested homeowners • Project totals $1,721,265.00 and saves $1,755,299.00. (1.13 GSTF) • Includes costs for • Pre-Award and Application • Elevation Contract Costs Elevation Engineering and Inspections = Administration of the Grant documentation ~./'" _, ~_. - Severe Repetitive Loss Eligible Properties What's Next? • Expect continued FEMA review on the nine elevation properties with a decision in mid August • Upon approval • City receives funding. • City acts as contracting official and will award contracts on behalf of owner. • City will approve invoices and make all payments. • Continued support from Beck Disaster Recovery No Further SRL Properties have been listed by FEMA to date. 14 15 July S, 2011 -10- CITYMANAGER `SBRIEFING SEVERE REPETITIVE LOSS PROGRAM ITEM # 61057 (Continued) David L. Hansen, Deputy City Manager, continued and presented the information re Demolition and Reconstruction. The bureaucratic process produced little results as there was no template to follow in Virginia. Applicants have Thirty Thousand Dollars ($30, 000) in addition to their insurance coverage; however, this is too often not sufficient for the rehabilitation or rebuild. "Substantial Damage "results in only fifty percent (50%) of the market sales of a residence. Market value is on the structure only. Twenty four (24) properties applied to FEMA after the 2009 storms. One (1) did not quay; two (2) are still in negotiations with FEMA; and, ten (10) are under construction (six (6) elevated and four (4) are being reconstructed). The Health Department is responsible for determining the amount of contamination, if any. There are three (3) levels of mitigation: (a) elevation (hydraulic or mechanical) (b) demolition (c) acquisition and relocation. The City prepares the application to FEMA. There are five hundred (500) pages concerning nine (9) properties. The Grant allows ninety percent (90%) cost share; ten percent (10%) homeowner responsibility; and ten percent (10%) City. BDR will administer the Grant after it is awarded. Eighty (80) properties were investigated with twenty-eight (28) recognized by FEMA as SRLS and fifty- two (52) as non SRL. (This was determined on a green sheet distributed and here made a part of these proceedings.) The Grant totals $1, 721,265. The City expects FEMA's approval by August 2011. FEMA will allow One Hundred Fifty Thousand Dollars ($1 S0, 000) per structure if a rebuild is determined to be necessary. .~.. ,. ~• _ Demolition and Reconstruction • Four properties considered • Only one property shows a potential for successful competition to receive funds • FEMA Region 3 will only allow contracting process whereby the municipality acts as contracting official. Owner does not have role in contractor selection, administration/acceptance of work • Maximum FEMA funding is ~iSoK • Additional increases in cost of reconstruction borne by the owner; but contracts administered by the City (FEMA Region 3 with VDEM's endorsement) • Recommend rejection letters be issued now for those not deemed competitive and pursue the project when/if a more robust program exists 15 July S, 2011 -11- CITY CO UNCIL COMMENTS 5:40 P.M. ITEM #61058 Mayor Sessoms advised that the Circuit Court Employees are writing numerous thank you notes for their salary increases. The Mayor thinks he has heard from just about every employee. The Mayor advised City Council of an important item: the rescue in the Lynnhaven when the young lady that got her leg caught in the propeller. I think we all know that our public safety people do extraordinary things everyday but I think this is one that is just exceptional in the way we had the three (3) agencies working together along with a civilian individual that was helping take the motor apart. I have an exact breakdown on what occurred and will make sure everyone has a copy but 1 wanted to ask the City Manager to schedule these people involved to come to City Council soon for recognition. Again, I hope you understand, I think we have extraordinary things occur every day but this is unbelievable. The crazy thing, when the girl's name was released yesterday, turns out my wife taught her so it brought it really close home. CITY COUNCIL COMMENTS ITEM # 61059 Councilman DeSteph wanted to better understand an email, which was on Senator Webb 's letterhead requesting support for the Back Bay Restoration and requesting Council prepare like letters. He thinks we should do it as one letter and have everyone sign it. Maybe if we could have the City Clerk draft a letter for us all to sign. Mayor Sessoms advised that Bob Mathias will put that together for City Council. Councilman DeSteph advised that he is still playing catch-up and read the School Board Resolution from June 22, 2011. It was asking us to basically come forward with an open, transparent and objective review of the City/School Revenue Sharing Formula and ask that we put together a committee. I know we have the City Manager and the Superintendant working on this but have we acknowledged this, are we doing something with their resolution? I have not seen anything in response. Mayor Sessoms advised that they are waiting on the City Manager and Superintendant to bring something forward. We are also going to have a Joint School Board/Council Meeting sometime in August. ITEM # 61060 Mayor Sessoms advised that the Department of Veterans Affairs has designated the City of Virginia Beach as a Regional Site for the observance of Veterans Day 2011. July S, 2011 VETERANS DAY NATIONAL COMMITTEE ~~~~~ar~,~?. - DEPARTMENT OF VETERANS AFFAIRS ~ .~ 810 VERMONT AVENUE, NW WASHINGTON, DC 20420 fo,~~?i ~~~~` t~~~~t ~ J ~v~~ HONORARY CHAIRMAN HON. BARACK OBAMA Ms. Barbara Morrison President of the United States Hampton Roads Council of Veterans Organizations PO Box 56047 GHAIRMAN VA 23456 Virginia Beach HON. ERIC K. SHINSEKI , Secretary of Veterans Affairs Dear Ms. Morrison: VICE CHAIRMAN HON. L TAMMY DUCKwoRTH I am pleased to announce that your application to be recognized Assistant Secretary for Public and IntergovemmentalAifairs as a Veterans Day Regional Site has been approved by the Veterans Day National Committee. Please find enclosed a 2011 Veterans Day Regional Site certificate for Urginia Beach, Virginia. MEMBERS Military Order of the Wodd Wars The Retired EnlistedAssociatlon ortunity -one that occurs every 100 ides a uni ue o Thi Congressional Medal of Honor Society DisabledAmerlcan Veterans q pp s year prov years - to celebrate Veterans Day at the 11th hour, on the 11'" day, of the 11th Military Officers Association ofAmerica Polish Legion ofAmerican Veterans, usA month, in the 11~' year. The Veterans Day National Committee is confident Korean War Veterans Association that your Veterans Day observance will serve as a fitting tribute to America's American G.I. Forum Jewish War Veterans of the USA Veterans. American Fx-Prisoners of War Catholk War Veterans, USA Vietnam Veterans ofAmerica Secretary of Veterans Affairs Eric K. Shinseki will notify your A~e~sof Foreign Wars of the United Slates Governor of your selection. We will also request that the Department of Blinded VeteransAssoaation Defense provide military liaison officers, where available; to coordinate local Anny and Navy Union, USA Non Commissioned Officers Association military ceremonial support. We will send you a number of Veterans Day The American Legion posters as soon as they become available. Military Order of the Purple Heart of the USA Pearl Harbor Survivors Association Fleet Reserve Association We would welcome the opportunity to provide a Veterans Day Marine Corps League Military ChaplainsAssoclation of the USA message from the Secretary of Veterans Affairs for inclusion in your event Paralyzed Veterans of America f V l f th USA i L program. Please contact Mr. Matt Bristol of my staff at vetsday@va.gov or or o on o a e eg (202) 461-7447 by August 15, 2011, to request a Veterans Day message. ASSOCIATE MEMBERS [f you have any questions or would like additional assistance, please American Gob Star Mothers Gold Star Wives ofAmerica contact Mr. Bristol. Congratulations on your selection and best wishes for a Veterans of World War I of the USA veterans of the Vietnam war, Inc. successful event. Blue Star Mothers ofAmedca Air Forrz Association Navy Seabee veterans ofAmerica Sincerely yours, Air Force Sergeants Association United Spanish War Veterans State Directors of Veterans Affairs Help Hospitalized Veterans American Red Cross Veterans of the Battle of the Bulge L. Tammy Duckworth National Association of State Veterans Homes if dS i Assistant Secretary for Public orme erv ces NationalASSOCiationforUn JapaneseAmericanveteransAssociation and IntergovernmentalAffairs Women's Anny Corps Veteran's Assocation Bowlers to Veterens Link Wounded Warrior Project Enclosure ~~~ '• ter` .w : ; :ti. ~~'~~~ +~. •t.u. s~` ~~ die `~eG~,~urrs ~~y ~1~r~~~orzr~~~a~rr.i~~~~ee ~ier~6y d~~i~~ca~~.~ ~'et~~r'ctr~s ,~~~ .~~~' ~ ~~~'~~~.7. ti Y~J x~ ~`' ~' t~.'r 6 ~rIC K. hins~ki Svcrctary oFVet~eYans,4ffaira Chairman, Ve+~erans Day National c~mmitt~ea LX f llN QT~Q~, kW I 1 ~'1( h -12- AGENDA REVIEW SESSION 5:45 P.M. ITEM #61061 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCE/RESOLUTION 1. Ordinance to AMEND X10-1 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 Item J.2. (RESUME Biennial Budget) shall be DEFERRED INDEFINITELY, BY CONSENT. BY CONSENSUS, the following items shall compose the Planning By Consent Agenda: K. PLANNING 1. Application of RONALD F. and M. ANITA RASH and MICHAEL and CYNTHIA L. CROWDER for a Noncon orming Use re enlargement of an existing dwelling at 110 60th Street (DISTRICT 5 - LYNNHAVEN) 2. Application of MARK E. THOMASSY and GEORGE BASKERVILLE for a Noncon orming Use re enlargement of an existing dwelling at 106 62nd Street (DISTRICT 5 - LYNNHAVEN) 3. Application of JAMES ROE and RPA SALEM-ELBOW, LLC for Modification of a Conditional Use Permit (approved October 10, 2006) re a movie vending machine (Redbox) at a convenience store at 2105 Salem Road (DISTRICT 1 - CENTERVILLE) 4. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES and NEWTOWN SQUARE ASSOCIATES, LLC for Modi acation of Conditional Use Permit (approved May 11, 2010) re enlargement of a religious use at 544 Newtown Read (DISTRICT 2 - KEMPSVILLE) S. Application of BRADFORD W. HARRELL for a Conditional Use Permit re skateboard ramp at 3217 Little Island Road (DISTRICT 7 -PRINCESS ANNE) 6. Application of OLD DOMINION SOCCER CLUB for a Conditional Use Permit re lighted soccer fields on Open Space at Calvary Assembly of God, 4925 Providence Road (DISTRICT 2 - KEMPSVILLE) July S, 2011 -13- AGENDA REVIEW SESSION 5:45 P.M. ITEM #61061 (Continued) 7. Application of CITY OF VIRGINIA BEACH fora Change o Zoning District Classi acation from B-2 Business to Conditional I-1 Industrial at 2656 Lishelle Place (DISTRICT 6 -BEACH) ITEM# 61062 BY CONSENSUS, the MINUTES of JUNE 28, 2011, shall be DEFERRED until the City Council Session of July 12, 2011. Mayor Sessoms advised that Beverly Hooks had a bad fall and the City Council certainly wishes her well. July 5, 2011 -14- ITEM# 61063 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5: 47 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None (Closed Session: (S: 47 P.M. - 5: SO P.M.) July 5, 2011 -15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July S, 2011 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July S, 2011, at 6.•00 P.M. Council Members Present: 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 Absent.• None INVOCATION.' Reverend Clarence McPherson Pastor Turning Point Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA July S, 2011 -16- Item - VI-E CERTIFICATION ITEM #61064 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July S, 2011 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #61063, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R h Hodges Fraser, MMC itv Clerk July 5, 2011 -17- Item VI-F ITEM #61065 Upon motion by Councilman Dyer, seconded by Councilman William R. "Bill "DeSteph, City Council DEFFERED, BY CONSENT, the APPROVAL of the MINUTES of the INFORMAL and FORMAL SESSIONS of JUNE 28, 2011, until the City Council Session of July 12, 2011. Voting.• 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill "DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None July 5, 2011 -18- Item VI-G ADOPT AGENDA FOR FORMAL SESSION ITEM #61066 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 5, 2011 -19- Item VI-L 1. ITEM #61067 Mayor Sessoms DECLARED A PUBLIC HEARING.• 2011-12 CAPITAL B UDGET AMENDMENT $10, 918, 000 in Roadway Projects There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING July S, 2011 -20- Item VI-I.2. ITEM #61068 Mayor Sessoms DECLARED A PUBLIC HEARING.• ELECTION POLLING PRECINCTS -Creation/Modification There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING July 5, 2011 -21- Item VI-J ORDINANCES ITEM # 61069 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 and 2 (DEFERRED INDEFINITELY) of the CONSENT AGENDA. 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: None July 5, 2011 -22- Item VI-J.1 ORDINANCE ITEM #61070 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT: Ordinance to AMEND X10-1 of the City Code re Election Polling Precinct and District changes 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: None July S, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 Q~~~co \A/ill R~r~~i~4 (`h~ irnh ~rrri~A 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 Drt"r°cvmvi 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 93 94 95 96 97 98 99 Pembroke Pinewood Plaza Pleasant Hall Point O'View Red Wing Q „ Pembroke Elementary School Lynnhaven Presbyterian Church Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex Kempsville Church of Christ Fraternal Order of Police, Lodge #8 1~/nnrlc4nnL Clomcn4~r~i c,.r,,,,,i 100 om Rock Lake .,..,,,,. ",.,,,,.,..~w., ..........,. Salem Elementary School 101 Rosemont Forest Rosemont Forest Elementary School 102 Roundhill Salem High School 103 Rudee Virginia Beach Volunteer Rescue Squad 104 Building 105 Seatack Mount Olive Baptist Church 106 Shannon Church of the Ascension 107 Shelburne Christopher Farms Elementary School 108 Shell Unity Church of Tidewater 109 Shelton Park Shelton Park Elementary 110 Sherry Park St. Matthews Catholic Church 111 Sigma Red Mill Elementary School 112 South Beach Contemporary Art Center of Virginia 113 Stratford Chase Community United Methodist Church 114 Strawbridge Strawbridge Elementary School 115 Tallwood Tallwood Elementary School 116 Thalia Thalia Elementary School 117 Thoroughgood Independence Middle School 118 Timberlake White Oaks Elementary School 119 Trantwood Virginia Beach Christian Church 120 Upton Three Oaks Elementary School 121 Village Thalia Lynn Baptist Church 122 Windsor Oaks Windsor Oaks Elementary School 123 Witchduck Bayside Presbyterian Church 124 Wolfsnare Virginia Beach Christian Life Center 125 Central Absentee Voter 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 bou ndaries, 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 5th 144 day of July , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: :J ~ ~ l~ (~jG~/l',~ `vim`' Voter Registr%aLr /~ CA 11364 R-1 June 24, 2011 J _ i y ey's Office 4 -23- Item VI-J.2. RESOLUTION ITEM #61071 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT: Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with the FY2012-13 Budget process 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: None July S, 2011 i I II -24- Item K. PLANNING ITEM #61072 1. RONALD F. and M. ANITA RASH) and MICHAEL and CYNTHIA L. CROWDER 2. MARK E. THOMASSY and GEORGE BASKERVILLE NONCONFORMING USE NONCONFORMING USE 3. JAMES ROE and RPA SALEM-ELBOW, LLC MODIFICATION OF CONDITIONAL USE PERMIT RE MOVIE VENDING MACHINE 4. BELIEVER'S HOUSE WORLD WIDE MINISTRIES MODIFICATION OF CONDITIONAL and NEWTOWNSQUAREASSOCIATES, LLC USE PERMIT RE RELIGIOUS USE S. BRADFORD W. HARRELL 6. OLD DOMINION SOCCER CLUB 7. CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT RE SKATEBOARD RAMP CONDITIONAL USE PERMIT RE LIGHTED SOCCER FIELDS CHANGE OF ZONING CLASSIFICATION July 5, 2011 -25- Item K. PLANNING ITEM #61073 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4, S, 6 and 7 OF THE PLANNING BY CONSENT AGENDA: 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: None July S, 2011 -26- Item K.1. PLANNING ITEM #61074 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution upon application of RONALD F. and M. ANITA RASH and MICHAEL and CYNTHIA L. CROWDER fora Noncon orming Use re enlargement of an existing dwelling at 110 60th Street DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution upon 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 (GPIN# 24198105390020) DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The applicant shall submit certification from a Structural Engineer cert~ing 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 eighteen (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 City Council of the City of Virginia Beach, Virginia, on the Fah day of July, Two Thousand Eleven 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: None July S, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 5th day of July , 2011. APPROVED AS TO CONTENT: ,~, ~, ~ `' `"~ F ~ ~ Planning Depa rent CA11926 R-1 June 22, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ce BEACH - "~~pp i, °a KOrii11U r. cX M. Anliil Ki1Sn Ma Nol to vcak 'y^ ` ~~ - ~ - ~~ R5R t ~~ ~ ti l ~ ~ ` `+ ~R5,R ~,~~ i - 1 \~ \ - _,- , i -s~~- ~\~ ' RSR_ ~i r--~- \~ iL i ~ - R45 ' ~ ~ RJR \ s '1 R5R j ~ __ ~ ~/ ~ ~ ~ ~~ R5~ ~~- . ~ , 15 ~ " RSf~ ~'~ A ' 1 ~~, RJR I~w~ ~~ ~ RS~t ~ ~ ,, ~ ~ , Non•CoMorming Use - AddkJon REQUEST: Enlargement of a Nonconforming Use ADDRESS /DESCRIPTION: 110 A 60t" STREET July 5, 2010 Public Hearing APPLICANT: RONALD F. & M. ANITA RASH PROPERTY OWNERS: RONALD F. & M. ANITA RASH AN D MICHAEL E. & CYNTHIA L. CROWDER STAFF PLANNER: Faith Christie 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 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 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. & 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. 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 60'h 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 anti 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. RONALD F. & M. ANITA RASH JULY 5, 2011 City Council Meeting Page 3 AERIAL OF SITE LOCATION RONALD F. & M. ANITA RASH JULY 5, 2011 City Council Meeting Page 4 ~T ,.d~ ,.u.~ I <<c ~K F G i E.. <t I~ O J ZA b •~ O a ~~ ~ 3~~?° ~~ 3 ~ a r.t I ~ -N ~t ft 'jli;~ ~ 'iii q .,' ~aN ~dt ~ A i b C ' : r~ ' ~ e((UU~~~'JJ ~ j 66 ~' a # ~ ~ ~ ~ ~~~~ ~ ~ i ~ ~~~:- ~ +~ x L s'j~tt 1• u `t 7 ~~ ~~ 1 i{i{',~ i 1 ~ i%1 R~$ i" ~ t . ., _ . 5~ ... ~• / ~~: ,. • . •~ ~,i 9 ' `: ~ ~ ~r ~i ~ Y ~ ~`~ ~ 1-+~ 4 "tr-' ~ M ~ ~ t ~I~ I ~ ~ ' ~i ,~ ~ t!. _ ~, Spyp ~°bs •s.•.•ars efe~t .'w, ~~a.a-r ~s_ "a_ ~6 E+:i ~ e~~ ~~ I~~ !I =~a ~o~~ ~ P~ R p I 5 2 ~ t~ $~ ~- v Y' g~a k it ~$~ efi $;, ~ I o u ii ~g " :. a . c ~ 0 R >. t i y U v S a ry+ ~ ec 6~~ o A ai{^ °~Az e~ ~~ k ~ ~g ;,, ~_ ~g ~ '~ P f ~- j ,: J~ 0. ~g~- ~ ~, ~~ e. e' W ~Y I ~~ be . ..____ c ? ~ ¢v -a. t; 4 ~ it ~G~ ~ ~~ ~ ~ rW , ? ' -- -------'-- -.,~w,.u1------ ---- 133H1S lr~`-"~+:` sue, w09 -.~. ,n ..,.... ,~ w :~, PROPOSED SITE PLAN RONALD F. & M. ANITA RASH JULY 5, 2011 City Council Meeting Page 5 ~c C v b .. ~a _0 VJ b O a ., ~~ Q~ z o o _ d Y A z z ~ ~' ~. °~ Y p v_ ~ ~ ~ ~p Z ~+ N PROPOSED ELEVATIONS RONALD F. & M. ANITA RASH JULY 5, 2011 City Council Meeting Page 6 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. 8~ M. ANITA RASH JULY 5, 2011 City Council Meeting Page 7 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 - 60t" 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 z 0 V Ra W c~ 0 w z 0 V z 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) r 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) 110 60`" Street, a Condominium Michael E. & Cynthia L. Crowder (own other unit) 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 property owner is NOT a corporation, partnership, firm, business or other unincorporated organization. & 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 it 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. s "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z 0 v a a~ w c~ 0 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 acco~ to the ' tractions in this package. y`/ Ronald F. Rash Appli/cJa~nt's/Pr/o'~plerty Owner's Signature Print Name ~~/ 1. LGUc~ ~G~ M. Anita Rash Appiicant's/Property Owner's Signature Print Name w /~ V O DISCLOSURE STATEMENT RONALD F. & M. ANITA RASH JULY 5, 2011 City Council Meeting Page 10 -27- Item K.2. PLANNING ITEM #61075 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT Resolution upon application of MARK E. THOMASSY and GEORGE BASKERVILLE for a Noncon orming Use re enlargement of an existing dwelling at 106 62nd Street DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution upon application of MARK E. THOMASSY and GEORGE BASKERVILLE for a Noncon orming Use re enlargement of an existing dwelling at 106 62nd Street (GPIN 2419728382). DISTRICT 6 -BEACH The following conditions shall be required.• 1. The applicant shall submit certification from a Structural Engineer cert~ing the integrity of the existing structure to support the third floor addition. The required cert~cation 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 (2) nine (9) foot by eighteen (18) foot parking spaces in the then (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 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 City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two Thousand Eleven 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: None July 5, 2011 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 62t" Street, in the R-SR 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 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 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 5th day of July , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Y~ `~ , Planning Department `~~. ,, City Attorney's Office CA11926 R-1 June 22, 2011 BEACH Atap L-~ ho, Murk E. Thomass~- X lOG 62nd St. Condominium ~~~ ~ t ~~ t ~~~ ~~ i, '~'~ ~~ ~ _R6R" ~ R5R`, ,, ~ ~~ ~ ~ ' t , ~ ~ , , , ~ , ~ , 1 , ,;,,~s~:`~ ,, ~~ . ~~R ~~ '1 ~ '~ a~R ~ ; ~ ,~ + ~ ,~ `` ` ~ 1 _-` ~~ ~~ ' ~ ' ~ ~ ;, . ` RSR - ' ~ \ , , ~ R51~ , ~ , ,, ~ 1! ~ ~ ~ , ,. , , ~'; p',~,~,,° ~,1""a~,w Non•Conlorming Use • Addltlon REQUEST: Enlargement of a Nonconforming Use ADDRESS /DESCRIPTION: 106 62nd Street July 5, 2011 Public Hearing APPLICANT: MARK E. THOMASSY & 106 62ND STREET CONDOMINIUM PROPERTY OWNERS'~~: MARK E. THOMASSY (UNIT 2) ~ GEORGE BASKERVILLE (UNIT 1;) STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24197383820000 LYNNHAVEN 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: 62"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 exhibiter,~ 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 AERIAL OF SITE LOCATION MARK E. THOMASSY -106 62ND STREET CONDOMINIUM JULY 5, 2011 City Council Meeting Page 4 THIS IS TO CERTIFY THAT I, ON 9/17/08 SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE AS SHOWN ON TNIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. SIGNED:__~~ ~,~ LS PIN(f) b 0 r rRn EEI~ o 2 e T r ^ . s o e1r ww°°w 3 ~ ~ ~ ; >? FRM~ ~ SHED ~N 07'15'00" W= _ _ ' 75.00' 10.! `~ ~` 20J' '~ 3.t s.e' UItlT Z 2M RO R ' GNY/STORACE ~ I M0 W n 2 STORY fitA11E RfSgFNCE e ECit 0 cant) o I n~ Ln1 0l lit Elq 3.1' c 6' NMn Erna OGKCKYE. ~•. ~~ Ollgl~. ~: , ~ ~ R 0 49.00' REMAINS OF B 15.00',1 °. ~B ~ Ye R OE II srroRCp ~ ~ I ~ o Rnao ~ ""`"I R: 1)'~______. CAI 3 S /itOY WIIT 1 3:.2' 1' COMMON AREA . .... d t arr. EL p00Q OED ' PIN(f) Rw1RaE 70.1' lIUCTC TMII r`~COKREO EMTRT /~~\jT~ ~ O ` ~ p O Q ~O o O ~ Y ~ 2 W _ W ~ w ~y o J ~ w ~ ° o ~ ~~ Z 2n1 STORT iAY WRDOW RRO~LE i O.OO L_J 64.00 1.00' N 0775'00" W 75.00'(total) PIPE(f) °M twlENly) OCEANFRONT AVENUE (20' R/W) PHYSICAL SURVEY/ZONING ANALYSIS 106 62nd STREET A CONDOMINIUM BEING LOT A AND NORTHERN 1/2 OF LOT B BLOCK 6 -SECTION 2 I,LTH p NEW VIRGINIA BEACH f M.B. 148 P. 32 Q+ M.B. 17 P. 57 VIRGINIA BEACH, VIRGINIA " ' GALLUP ~ SCALE: 7 = 20 SEPTEMBER 18, 2008 t. No. 1484 MADE FOR to/as/to MARK THOMASSY yOQ' GALLUP SURVE SURVEYORS & ENGINEERS. LTD. 323 FIRST COLONIAL ROAD ~'' VIRGINIA BEACH, VIRGINIA 23454 SHEET i OF 2 (757)428-8132 F.B. 466 P. 56 PROPOSED SITE PLAN MARK E. THOMASSY - 106 62ND STREET CONDOMINIUM JULY 5, 2011 City Council Meeting Page 5 NOTES 1.) THE PROPERTY SHOWN HEREON APPEARS TO FALL INSIDE ZONE: k (SHADED) AS SHOWN ON THE F.E.M. A. FLOOD INSURANCE RATE MAP FOR THE CITY OF VIRGINIA BEACH, COMMUNITY PANEL X51 5531-006 3 F . 2.) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. SITE DATA 1. GPIN: 2419-72-9335 (UNIT 1); 2419-72-8382 (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. ALLDWABLE FLOOR AREA: 5250 SF B. IMPERVIOUS COVERAGE: 4536.3 SF 9. ALLOWABLE IMPERVIOUS COVERAGE: 4500 SF (6076) ~ PHYSICAL SURVEY/ZONING ANALYSIS ~ 106 62nd STREET A CONDOMINIUM BEING LOT A AND NORTHERN 1/2 OF LOT B BLOCK 6 -SECTION 2 E~LTx o NEW VIRGINIA BEACH ~~' ~ M.B. 148 P. 32 ~~ ~'r M.B. 17 P. 57 VIRGINI t ~ A BEACH, VIRGINIA SC BRU GALLUP ~ ALE: N/A SEPTEMBER 18, 2008 t. Na. MADE FOR 1484 MARK THOMASSY 10/OS/10 ~7,~ ,t0~ VE GALLUP SURVEY SUR ORS do ENGINEERS, LTD. 323 FIRST COLONIAL ROAD G: 10-162 t.dw 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 r.__ . .. _ _.. _~ 7 ~, f z t „~ .,f ~ ~ ' ~''~ -~ ~ .I.~ ~~..::_ _ .. ___.___ _ _____. ,` , ;. ~: ; :~ 1-- 4.. ~ "T- ~- ~- ~~ ~~ L _ ~; ,_ .~ _ f _ _~ .. - -~---.. _.. ._.. ~ ._ ._ __ ~U~'~~~~ ~,~~a~. CAST ~~~naN~ ~h~~ ~ ~Zc~d~v~.ce . o~~t~. f zo-e PROPOSED ELEVATION MARK E. THOMASSY -106 62ND STREET CONDOMINIUM JULY 5, 2011 City Council Meeting Page 7 / ~~:~' . ,~ ~ . ~~,~ ,~,,. ~. ~~ _. .;:~` ,,,. ~. .~ . ~~- ~, ~~. r ~~nmr~~,c~ (4e~,~<'~c~ GI 11~ ~ 2c~it Y PROPOSED ELEVATION MARK E. THOMASSY -106 62ND STREET CONDOMINIUM JULY 5, 2011 City Council Meeting Page 8 ~~. 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 62ND STREET CONDOMINIUM JULY 5, 2011 City Council Meeting Page 9 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, -z{J.~/.~- ~ ~ William D. Almond, FASLA Chair, NVBCL Zoning Review Committee MARK E. THOMASSY -106 62ND STREET CONDOMINIUM JULY 5, 2011 City Council Meeting Page 10 z 0 ~' a~ w c~ z 0 w z 0 v z 0 ti 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 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 properly 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 entityZ relationship with the applicant: (Attach list if necessary) ~ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes DISCLOSURE STATEMENT MARK E. THOMASSY -106 62ND STREET CONDOMINIUM JULY 5, 2011 City Council Meeting Page 11 DISCLOSURE :. 1TEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respell to the requested property use, including but not limited to the providers of arohitectural services, real estate services, finandal services, accounting services, and legal services: (Attach list if 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 ovens 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 relationship, 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 determining the e~astence of an affiliated business entity relationship include that the same person or substantially the same person awn or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same affixes 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. z 0 a a w c.7 O 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 the in 'ors in this package. • Mark E. Thomassy Ap nt's ignature Print Name ' 62"d tit, a ndominium By: JC. ;(_ Mark E. Thomassy, Member Property er's S rat (if different than applicant) Print Name w z 0 V ^ DISCLOSURE STATEMENT MARK E. THOMASSY - 106 62ND STREET CONDOMINIUM JULY 5, 2011 City Council Meeting Page 12 -28- Item K.3. PLANNING ITEM #61076 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Ordinance upon application of JAMES ROE and RPA SALEM-ELBOW, LLC for Modi acation 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 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon 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 (GPIN 1474879757). DISTRICT 1-CENTERVILLE The following conditions shall be required: 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 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. One outdoor vending machine, or ice box or display of merchandise, shall be allowed, provided it is 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. 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. 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 July S, 2011 -29- Item K.3. PLANNING ITEM # 61076 (CONTINUED) 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. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two Thousand Eleven 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.• None July S, 2011 -30- Item K.4. PLANNING ITEM #61077 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council. ADOPTED, BY CONSENT, Ordinance upon application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES and NEWTOWN SQUARE ASSOCIATES, LLC for Mod cation of Conditional Use Permit (approved May I1, 2010) re enlargement of a religious use at 544 Newtown Road DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES and NEWTOWN SQUARE ASSOCIATES, LLC for Modi rcation of Conditional Use Permit (approved May 11, 2010) re enlargement of a religious use at 544 Newtown Road (GPIN 1468303340). DISTRICT 2 - KEMPSVILLE. 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 Official's Office. 3. On-site security shall be provided for any special event that continues beyond Midnight (12: 00 A. M.) Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two Thousand Eleven 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.• None July S, 2011 -31- Item K.S. PLANNING ITEM #61078 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council. ADOPTED, BY CONSENT, Ordinance upon application of BRADFORD W. HARRELL for a Conditional Use Permit re a skateboard ramp at 3217 Little Island Road DISTRICT 7 -PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRADFORD W. HARRELL for a Conditional Use Permit re a skateboard ramp at 3217 Little Island Road (GPIN 2433405399). DISTRICT 7 - PRINCESSANNE. 8071137429 The following conditions shall be required: 1. The skateboard ramp shall be relocated to meet required setback for accessory structures as set forth in the City of Virginia Beach'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; (b) the sides of the ramp shall be enclosed with wood,• and (c) 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 (1) 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. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two Thousand Eleven July S, 2011 -32- Item K.S. PLANNING ITEM #61078 (CONTINUED) 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: None July 5, 2011 -33- Item K.6. PLANNING ITEM #61079 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT Ordinance upon application of OLD DOMINION SOCCER CLUB for a Conditional Use Permit re lighted soccer fields on Open Space at Calvary Assembly of God, 4925 Providence Road DISTRICT 2 - KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OLD DOMINION SOCCER CLUB for a Conditional Use Permit re lighted soccer fields on Open Space at Calvary Assembly of God, 4925 Providence Road (GPIN 1466928004). DISTRICT 2 - KEMPSVILLE 8071137430 The following conditions shall be required.• 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 IS, 2010. 3. The soccer fields shall be a minimum of sixty (60) feet from the rear property line. 4. All parking for activities associated with the Soccer Club shall be accommodated on site. S. All soccer play must stop by 9:00 P.M.; all Soccer Club visitors and players shall be off the premises and all freld 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 (2) 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 six (6) feet and shrubs shall be at a minimum height of thirty-six (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 July 5, 2011 -34- Item K. 6. PLANNING ITEM # 61079 (CONTINUED) 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. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two Thousand Eleven 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: None July S, 2011 -35- Item K. 7. PLANNING ITEM #61080 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of CITY OF VIRGINL4 BEACH for a Change of Zoning District Classification from B-2 Business to Conditional I-1 Industrial at 2656 Lishelle Place DISTRICT 6 -BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classi ication from B-2 Business to Conditional I-1 Industrial at 2656 Lishelle Place (GPIN 1496544149) DISTRICT 6 -BEACH 8071137431 The following conditions shall be required: 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 BEACHECONOMIC 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 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 SA, 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. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two Thousand Eleven July S, 2011 - 36 - Item K. 7. PLANNING ITEM # 61080 (CONTINUED) 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: None July 5, 2011 -37- Item L.1 APPOINTMENTS ITEM #61081 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMITTEE COMMUNITY SER VICES BOARD HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT AD VISORY COMMITTEE July 5, 2011 -38- Item O. ADJOURNMENT ITEM #61082 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6: OS P.M. Aman a Fi e -Barnes, CMC Deputy City lerk, II --- ----- - ---!_y!kl-s..~ uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor July S, 2011 -38- Item O. ADJOURNMENT ITEM #61082 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:05 P.M. ------ - ---------------------- Arran F nley-Barnes, CMC Depu ity Clerk, II th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia c William D. Sessoms, Jr. Mayor July 5, 2011