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AUGUST 9, 2011CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAMR. DeST1,PH, At -Large HARRY E. DIEZEI„ Kempsville - District 2 ROBERTM. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 PRESCOTT SHERROD, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER JAMES K. SPORE CITYATTORNEY MARKD. S"I1LES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR-1.YNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 9 AUGUST 2011 I. CITY COUNCIL LIAISON REPORTS II. CITY COUNCIL COMMENTS I III. CITY COUNCIL AGENDA REVIEW I IV. INFORMAL SESSION - Conference Room - - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 3:30 PM 4:00 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. James R. Pipkin Pastor, St. John's Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL SWEARING-IN 1. Oath of Office — Councilman -Elect Prescott Sherrod The Honorable Tina E. Sinnen, Clerk of the Circuit Court — Presiding E. ELECTRONIC ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS H. FORMAL SESSION AGENDA I. CONSENT AGENDA J. MAYOR'S PRESENTATION 1. Proclamation -RECOGNITION DAY— August 9, 2011 EMERGENCY RESPONSE TEAM K. BID OPENINGS 1. WILDLIFE REHABILITATION PROGRAM 3592 Indian River Road 2. LONG TERM LEASE — Rehabilitate Existing Building for Multi -Use 225 17th Street July 12, 2011 L. PUBLIC HEARINGS CITY COUNCIL/SCHOOL BOARD — "Redistricting" Proposed Residence Districts 2. JUSTICE BYRNE MEMORIAL ASSISTANCE GRANT - Allocation M. ORDINANCES/RESOLUTION Ordinance to AMEND § 10-1 of the City Code re changing the Polling Place for Lynnhaven Precinct to the First Landing Fire Station 2. Ordinance to AUTHORIZE the "RURAL AICUZ AREA ACQUISITION PLAN" as part of the BRAC Response Program and to ALLOW the City Manager to acquire qualifying properties by voluntary acquisition 3. Ordinance to AUTHORIZE a non-binding Memorandum of Understanding (MOU) between the Trust for Public Land, Chesapeake Bay Foundation and the City to memorialize the proposed process to acquire Pleasure House Point 4. Ordinance to ACCEPT a Conservation Easement dedication and preserve an historic farmhouse at 3067 West Neck Road Resolution to ISSUE an EMS permit to American Medical Response Mid -Atlantic, Inc. to operate a private ambulance service within the City limits 6. Ordinance to AUTHORIZE a temporary encroachment into portions of City -owned rights-of-way for TOWN CENTER ASSOCIATES 7, LLC, to allow construction of a subterranean grease interceptor under Commerce Street 7. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $17,500 from Homeland Security to the Fire Department re equipment for the Hazardous Materials Team (HAZMAT) b. $142,590 from various sources to Public Utilities re auxiliary power for sewer pump stations $265,797 from the Virginia Department of Criminal Justice re the Victim Witness Program d. $27,735 from the Virginia Rescue Squad Assistance Fund under the Four -for -Life Program with a local match of $27,735 re purchase of defibrillators e. TRANSFER $15,000 from the General Fund Reserve to Economic Development and AUTHORIZE a donation to: a) Seton Youth Shelters b) Children's Hospital of the King's Daughters c) Virginia Beach Travel and Tourism Foundation N. PLANNING 1. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 — BEACH) DEFERRED APRIL 12, 2011 DEFERRED MAY 10, 2011 APPLICANT REQUESTS DEFERRAL 2. Application of HAMPTON ROADS CHURCH OF CHRIST for Modification of Condition #3 of their Use Permit (approved by City Council August 26, 2009) re an additional modular unit at 2520 Holland Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL - DELETE Condition #3 3. Application of EQUI-KIDS THERAPEUTIC RIDING PROGRAM for Modification of a Conditional Use Permit (approved by City Council August 12, 2003) re construction of a single- family dwelling at 2626 Heritage Park Drive (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL to ADD Condition #4 4. Application of THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH for a Conditional Use Permit re a religious use at the Sandler Center for the Performing Arts at 201 Market Street (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of PRIORITY AUTO GROUP, INC./ VIRGINIA BEACH DEVELOPMENT AUTHORITY, for a Conditional Use Permit re automobile sales and service, at 100 South Independence Boulevard (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 6. Application of MARK SPANGLER D/B/A GARBEN, INC./PARKWAY SHOPPING CENTER ASSOCIATES, LLC for a Conditional Use Permit re an indoor recreational facility at 1949 Lynnhaven Parkway (DISTRICT 3 - ROSE HALL) RECOMMENDATION APPROVAL 7. Application of C & C DEVELOPMENT CO., INC. for a Change of Zoning District Classification from 0-2 Office to Conditional R -5D Residential Duplex with the Old Beach District Overlay at 414 25th Street (DISTRICT 6 - BEACH) RECOMMENDATION APPROVAL 8. Application of CITY OF VIRGINIA BEACH to AMEND Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. O. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) P. UNFINISHED BUSINESS Q. NEW BUSINESS 1. Cancel or Reschedule October 4, 2011, Workshop R. 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 I. CITY COUNCIL LIAISON REPORTS - Conference Room - 3:30 PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. James R. Pipkin Pastor, St. John's Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. CEREMONIAL SWEARING-IN 1. Oath of Office — Councilman -Elect Prescott Sherrod The Honorable Tina E. Sinnen, Clerk of the Circuit Court — Presiding E. ELECTRONIC ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS July 12, 2011 H. FORMAL SESSION AGENDA MAYOR'S PRESENTATION 1. Proclamation -RECOGNITION DAY —August 9, 2011 EMERGENCY RESPONSE TEAM �ruclttnuitinn WHEREAS: At Two O'clock in the afternoon, June Thirtieth, emergency calls flooded the Emergency Communications and Citizen Services Center [ECCS/9111 that a "swimmer was in distress "; WHEREAS: What was about to unfold became the most daring and dramatic water related rescue in recent memory. ECCS/911 immediately dispatched the EMS Marine Rescue Team and Divers, Police Marine Units and Divers and the Fire Boat to the scene more than two hundred yards off -shore in the Chesapeake Bay near the Great Neck Road area; WHEREAS: When the Fire Boat arrived, there were frantic screams for help from a twelve year old girl, who was in the water, and others on a private boat. The victim's leg had been caught in the propeller and she was having a difficult time staying afloat. Seeing the desperate situation, personnel jumped overboard and quickly positioned extra flotation devices that helped support the young girl's head above water. Due to the complications of the accident, it was not possible to free the young girl immediately; WHEREAS. The speedy and efficient action of ECCS/911 and the initial responders from EMS, Police and Fire forming a Unified Command, resulted in additional rescue units combining their efforts to assess the situation and developing a plan to free the young girl from the boat's propeller. The Fire Department's Technical Team, Squad 10, became involved as the minutes ticked and the water became choppier. Divers provided a snorkel tube and under -water breathing device to assist the girl to breathe as the Team continued to free the girl's leg; WHEREAS: Several underwater specialists from Crofton Divers, working at the Chesapeake Bay Bridge Tunnel, were contacted and responded to the scene. At the same time, Ryan Pritchard, the City's boat mechanic, heard about the harrowing case and called his father, John, an experienced boat mechanic, and owner of Blue Marlin Marine, who, along with his co-worker, Craig Thompson, grabbed a few tools and joined the Team's efforts to free the little girl. After several intense minutes they were able to remove the propeller which allowed the Team to see the girl free from her entanglement. The critically injured girl was brought out of the Bay to the waiting Ocean Park Volunteer Rescue Squad ambulance which transported her to the Nightingale Air Ambulance for delivery to the Sentara Norfolk General Trauma Center; and, WHEREAS: This case tested the capacity and strength of the City's Emergency Response System (ERS), but because of their years of training, professionalism, quick action and unified effort, the little girl's leg and life were spared. NOW, THEREFORE, That the Virginia Beach City Council pauses in its deliberations to recognize each and all those who responded and are dedicated to "serving others" at the risk of injury and life themselves by delivering a copy to the Teams and individuals involved. BE IT PROCLAIMED: That, I, William D. Sessoms, Jr., Mayor of the City of Virginia Beach, do hereby proclaim the ninth day of August, Two Thousand and Eleven, shall be now and hereafter known as: EMERGENCY RESPONSE TEAM RECOGNITION DAY in the City of Virginia Beach, Virginia. William D. "Will" Sessoms, Jr. Mayor K. BID OPENINGS 1. WILDLIFE REHABILITATION PROGRAM 3592 Indian River Road 2. LONG TERM LEASE — Rehabilitate Existing Building for Multi -Use 225 17th Street L. PUBLIC HEARINGS 1. CITY COUNCIL/SCHOOL BOARD — "Redistricting" Proposed Residence Districts 2. JUSTICE BYRNE MEMORIAL ASSISTANCE GRANT - Allocation PUBLIC NOTICE RFP - Lease for Wildlife Rehabilitation Notice is hereby given that bids shall be received for the lease of City - owned property located at 3592 Indian River Road, for the purpose of constructing, operating and maintaining a wildlife rehabilitation center. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chamber, City Hall Building, Municipal Center, Virginia Beach, Virginia, on August 9, 2011, at 6:00 p.m., and after the reading of bids, Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. The ordinance will be referenced as follows: AN ORDINANCE TO AWARD A LEASE OF CITY -OWNED PROPERTY LOCATED AT 3592 INDIAN RIVER ROAD FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING A WILDLIFE REHABILITATION CENTER A copy of the full text of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Attorney. Ruth Hodges Fraser, MMC City Clerk Beacon June 26 & July 3, 2011 22508275 REQUEST FOR BIDS Lease of City Property PURPOSE The City of Virginia Beach is seeking an entity to enter into a long-term lease (maximum 40 years) for City -owned property located at 225 17th Street in the City of Virginia Beach. The purpose of the lease will be to rehabilitate the existing building for mixed-use development. Information on this opportunity can be acquired by contacting the Department of Public Works, Facilities Management Office; 2424 Courthouse Drive; Municipal Center, Building 18, Room 228; Virginia Beach, VA 23456. For additional information or questions, call (757) 385-5659. BIDS MUST BE RECEIVED BY THE CITY OF VIRGINIA BEACH NO LATER THAN TUESDAY AUGUST 9, 2011. NO FAXED PROPOSALS WILL BE ACCEPTED Ruth Hodges Fraser, MMC City Clerk BEACON July 24 & 31, 2011 22555940 r��;,Gcwnc��y2e {� gr L Jli Ilk* :v r PUBLIC HEARING REDISTRICTING OF CITY COUNCIL AND SCHOOLBOARD RESIDENCE DISTRICTS: PROPOSED CHANGES TO EXISTING BOUNDARIES As required by Code of Virginia § 24.2-304.1, and in compliance with the Voting Rights Act of 1965, as amended, the City Council of Virginia Beach, Virginia must adopt a plan for redistricting the City's seven (7) residence districts. A number of plans have already been submitted to the City Council for consideration. The City of Virginia Beach seeks comments on the all Redistricting plans on August 9, 2011 at the City Council Formal Session at 6pm in City Council Chamber. All persons are encouraged to attend and speak about the plans and their effect on communities of interest. A vote to adopt a plan is scheduled for the City Council meeting of August 23, 2011. Changes to the boundaries of residence districts will become effective following approval by the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. Maps of the proposed plans for new district boundaries may be inspected in the Voter Registrar's Office, the City Clerk's Office and the Public Libraries. Additionally, the proposed plans are available on the City's Redistricting website, www.vbredistricting.com City Council meetings are conducted in the City Council Chamber of City Hall, at 2401 Courthouse Drive. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired, call: TDD only 711 (TDD — Telephonic Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon July 318 Aug 7, 2011 22566206 NOTICE OF PUBLIC HEARING Public Hearing re: Department of Justice Byrne Memorial Justice Assistance Grant: Allocation of $152,667.00 for various law enforcement/ criminal processing projects On Tuesday, August 9, 2011, at 6:00 p.m. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on the proposed allocation of the Byrne Memorial Justice Assistance Grant. It is proposed that the $152,667.00 be allocated for the following purposes: Project Description Depts. Amount • Courthouse Security Improvement Project Sheriff $30,000 • Scanning and Duplication Commonwealth's $25,525 Drives Attorney • Forensic Analyze Equipment Police $29,000 • Youth Employment Youth Program Opportunities $50,142 • Community Supervision Court Training Services Unit $18,000 TOTAL $152.667 The Edward Byrne Memorial Justice Program allows local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1- 800-828Wgaser, Ruth HoMMC City Cler Beacon Aug 7, 2011 L. CONSENT AGENDA M. ORDINANCES/RESOLUTION 1. Ordinance to AMEND §10-1 of the City Code re changing the Polling Place for Lynnhaven Precinct to the First Landing Fire Station 2. Ordinance to AUTHORIZE the "RURAL AICUZ AREA ACQUISITION PLAN" as part of the BRAC Response Program and to ALLOW the City Manager to acquire qualifying properties by voluntary acquisition 3. Ordinance to AUTHORIZE a non-binding Memorandum of Understanding (MOU) between the Trust for Public Land, Chesapeake Bay Foundation and the City to memorialize the proposed process to acquire Pleasure House Point 4. Ordinance to ACCEPT a Conservation Easement dedication and preserve an historic farmhouse at 3067 West Neck Road 5. Resolution to ISSUE an EMS permit to American Medical Response Mid -Atlantic, Inc. to operate a private ambulance service within the City limits 6. Ordinance to AUTHORIZE a temporary encroachment into portions of City -owned rights-of-way for TOWN CENTER ASSOCIATES 7, LLC, to allow construction of a subterranean grease interceptor under Commerce Street 7. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $17,500 from Homeland Security to the Fire Department re equipment for the Hazardous Materials Team (HAZMAT) b. $142,590 from various sources to Public Utilities re auxiliary power for sewer pump stations $265,797 from the Virginia Department of Criminal Justice re the Victim Witness Program d. $27,735 from the Virginia Rescue Squad Assistance Fund under the Four -for -Life Program with a local match of $27,735 repurchase of defibrillators TRANSFER $15,000 from the General Fund Reserve to Economic Development and AUTHORIZE a donation to: a) Seton Youth Shelters b) Children's Hospital of the King's Daughters c) Virginia Beach Travel and Tourism Foundation ii K� y11 L S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location of the Lynnhaven Precinct MEETING DATE: August 9, 2011 ■ Background: Grace Bible Church served as the polling location for the Lynnhaven Precinct for many years. However, Grace Bible Church is moving from this location to a location in another part of the City. The First Landing Fire Station is willing to serve as the polling location for the Lynnhaven Precinct. ■ Considerations: The First Landing Fire Station meets the requirements of the Americans with Disabilities Act. If adopted by Council, this change will become effective upon approval by the U.S. Department of Justice, pursuant to the Voting Rights Act of 1965, as amended, beginning with the November 8, 2011 General Election. ■ Public Information: Public notice of the proposed change was published in the Beacon on July 24 and July 31, and this item also was advertised in the same manner as all other agenda items. All voters in the precinct will receive new voter cards with the name and address of the new polling location. Finally, advertisements will be placed in the newspaper prior to the November 8, 2011 General Election. ■ Attachments: Ordinance and Map Recommended Action: Approval Submitting Department/Agency: Voter Registrar ,s15 City Manager: 1I� , 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 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY CODE TO CHANGE THE POLLING LOCATION OF THE LYNNHAVEN PRECINCT 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 Brandon Brandon Middle School Brookwood Bow Creek Recreation Center Buckner Green Run Baptist Church Cape Henry Research and Enlightenment Building (Edgar 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 Colonial Colonial Baptist Church Colony Lynnhaven Colony Congregational Church Corporate Landing Corporate Landing Middle School Courthouse Courthouse Fire Station Creeds Creeds Fire Station Cromwell Salem United Methodist Church Culver Ocean Lakes High School Dahlia Green Run High School Davis Corner Bettie F. Williams Elementary School 48 Eastern Shore Eastern Shore Chapel 49 Edinburgh St. Aidan's Episcopal Church 50 Edwin Kempsville Recreation Center 51 Fairfield Kempsville Presbyterian Church 52 Foxfire Princess Anne Middle School 53 Glenwood Glenwood Elementary School 54 Great Neck All Saints Episcopal Church 55 Green Run Green Run Elementary School 56 Haygood Haygood United Methodist Church 57 Hillcrest Victory Baptist Church 58 Holland Holland Elementary School 59 Homestead Providence Presbyterian Church 60 Hunt Princess Anne Recreation Center 61 Indian Lakes Indian Lakes Elementary School 62 Kings Grant St. Nicholas Catholic Church 63 Kingston King's Grant Presbyterian Church 64 Lake Christopher New Convenant Presbyterian Church 65 Lake Joyce Morning Star Baptist Church 66 Lake Smith Bayside Church of Christ 67 Landstown Landstown Community Church 68 Larkspur St. Andrews United Methodist Church 69 Lexington Kempsville Church of God 70 Linkhorn Virginia Beach Community Chapel 71 Little Neck Lynnhaven United Methodist Church 72 London Bridge London Bridge Baptist Church 73 Lynnhaven 74 First Landinq Fire Station 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana Scott Memorial United Methodist Church 85 Old Donation Old Donation Center for Gifted 86 Pembroke Pembroke Elementary School 87 Pinewood Lynnhaven Presbyterian Church 88 Plaza Lynnhaven Elementary School 89 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 90 Point O'View Kempsville Church of Christ 91 Red Wing Fraternal Order of Police, Lodge #8 92 Rock Lake Salem Elementary School 93 Rosemont Forest Rosemont Forest Elementary School 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Satellite Absentee Voter Precincts (only for November Elections and Presidential Primaries) Salem High School Virginia Beach Volunteer Rescue Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Agriculture/Voter Registrar Building Squad Courthouse Fire Station, Department of Motor Vehicles Office—Donna Drive, Department of Motor Vehicles Office—Buckner Boulevard Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12011. APPROVED AS TO CONTENT: c --S n' Voter RegistFr CA11999 R-1 July 19, 2011 APPROVED AS TO LEGAL SUFFICIENCY: I y ne s Office ELECTORAL BOARD City of Virgiriia Beach P.O. BOX 6247 VIRGINIA BEACH, VIRGINIA 23456-0247 The Honorable William D. Sessoms, Jr., Mayor and City Council Members City Hall Building #1 Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Council Members, V3 July 18, 2011 On your agenda for August 9, 2011, is an ordinance for one (1) polling location change. This change is due to the relocation of Grace Bible Church, the current polling location. The new polling place will be moved to First Landing Fire Station at 2837 Shore Drive. This permanent change will be effective for the November 8, 2011 General Election. Enclosed please find a map that has been marked to show the change. If you have any questions about this matter, please feel free to call me at 385-8683. Sincerely, � 41atla-,Aj _ Edith M. "Pat" Harrington Voter Registrar EH:cs Enclosures k" z S OF 0 Ngvotk- ELECTORAL BOARD City of Virgiriia Beach P.O. BOX 6247 VIRGINIA BEACH, VIRGINIA 23456-0247 The Honorable William D. Sessoms, Jr., Mayor and City Council Members City Hall Building #1 Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Council Members, V3 July 18, 2011 On your agenda for August 9, 2011, is an ordinance for one (1) polling location change. This change is due to the relocation of Grace Bible Church, the current polling location. The new polling place will be moved to First Landing Fire Station at 2837 Shore Drive. This permanent change will be effective for the November 8, 2011 General Election. Enclosed please find a map that has been marked to show the change. If you have any questions about this matter, please feel free to call me at 385-8683. Sincerely, � 41atla-,Aj _ Edith M. "Pat" Harrington Voter Registrar EH:cs Enclosures "t S p^ iED�ONT �0:.'K4iF�'c s• z n Park )17 ti G QP�ygp (` � A� E LA"E h ER Ry DR 9 LYNNHAVEN PRECINCT: POLLING LOCATION CHANGE FIRST LANDING FIRE STATION 1fU W Y �FP!g cr 5 RIPRDE Cr �y 5� ocES++°p>v X, Qa MOVED TO: '(S pt�r Q�jc Z 7 FIRST LANDING FIRE STATION D z. cot" MOVED FROM: GRACE BIBLE CHURCH 1- SUMMEk ive8�NpNNAVEN DR Lynn'h�n i�y ongre It i I ChL C DwAll Now —1—m 2�a Z, o RJLET RD m ISLAND. LA - ` %W(JAV SAY F o = ". CORD �� TWIN a,OV4 a E n KEELINGW XiDa s 1 AI l Saint; `d Q m r� FSTgre CT Great Ned nnoln i, t Ipp w 'I e C 1r, t�a`yti. 1 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the Rural AICUZ Area Acquisition Plan as Part of the BRAC Response Program and to Authorize the City Manager to Acquire Qualifying Properties by Voluntary Acquisition MEETING DATE: August 9, 2011 ■ Since January, 2007, the City of Virginia Beach (the "City") has been implementing its BRAC Response Program, including among other things, the APZ-1 Acquisition Plan and the Interfacility Traffic Area (the "ITA") Acquisition Program, and has been spending $15 million per year to stop and roll back encroachment around Naval Air Station Oceana ("NAS Oceana") and in the flight path between NAS Oceana and Fentress Landing Field in Chesapeake. In 2008, the General Assembly authorized spending the $15 million per year in the APZ- 1 and Clear Zone, the ITA and in "any other area designated by the military as an area of special concern by reason of the potential for adverse effects on military operations caused by the encroachment of incompatible land uses." (1-113522) On March 3, 2011, the Commanding Officer of NAS Oceana requested that the City establish a program to acquire land in the area of the City south of Indian River Road that lies within any noise contour shown on the Air Installations Compatible Use Zones (AICUZ), which area is now being referred to as the Rural AICUZ Area ("RAA"). In his letter, the Commanding Officer identified the RAA as an area of special concern to the Navy, because if "repetitive Field Carrier Landing Practice (FCLP) operations to runway 23 at Naval Auxiliary Landing Field (NALF) Fentress, as well as inter -facility air traffic impact this area.... Incompatible development would be considered an unacceptable encroachment to the mission and threaten the viability of both airfields." A Rural AICUZ Area Acquisition Plan (the "RAA Acquisition Plan") has been drafted, and the Plan authorizes the acquisition of properties located in the RAA and meeting any one or more the following criteria: 1. Land is greater than 300 acres in size, when considered alone or with any adjacent parcel owned by the same owner. 2. Land is approvable for 20 or more residential units, by right, when considered alone or with any adjacent parcel owned by the same owner. 3. Land is not eligible for participation in the Agricultural Reserve Program. The Oceana Land Use Conformity Committee has recommended that the City Council adopt the RAA Acquisition Plan and authorize the acquisition of properties meeting the above criteria. This matter was deferred from the July 12, 2011 Council Agenda. ■ Considerations: The purpose of the Rural AICUZ Acquisition Plan (the "RAA Plan") is to protect the mission of Naval Air Station Oceana (NAS Oceana) and Naval Auxiliary Landing Field Fentress (NALF Fentress) and to ensure that Virginia Beach continues to be the host of the East Coast Master Jet Base. The intent of this plan is to complement the Agricultural Reserve Program, which ensures that the rural areas of Virginia Beach will continue to be farmed. The adoption of the RAA Plan will 1) reduce the opportunity for larger scale (non- agricultural) residential development; 2) provide opportunities for wetlands mitigation for the Southeastern Parkway and Greenbelt; 3) conserve fragile land for other environmental purposes; 4) assemble a green space corridor of connectivity along the North Landing River; and 5) provide for open space and recreational opportunities. This project will be funded through Oceana & ITA Conformity and Acquisitions (CIP 9- 060) and Open Space Program Site Acquisition (CIP 4-004), as appropriate. All transactions will be on a cash basis; the issuance of debt for acquisition is not recommended. State and federal grants are other potential sources of funds. The City intends to partner with the United States Navy in the existing Encroachment Partnering program. In 2007, the City entered into a Multi-year Agreement By and Between the United States of America and City of Virginia Beach (the "Encroachment Partnering Agreement"). City Council adopted an Ordinance (ORD -3178D) on May 10, 2011 authorizing amending the Encroachment Partnering Agreement to include the RAA. ■ Public Information: Advertisement of City Council Agenda. Briefing to the Agriculture Advisory Council. ■ Alternatives: Deny adoption of the RAA Plan. ■ Recommendation: Approval ■ Attachments: Ordinance Location Map Rural AICUZ Area Acquisition Plan Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: 44,, I AN ORDINANCE TO ADOPT THE RURAL AICUZ AREA 2 ACQUISITION PLAN AS PART OF THE BRAC RESPONSE 3 PROGRAM AND TO AUTHORIZE THE CITY MANAGER 4 TO ACQUIRE QUALIFYING PROPERTIES BY 5 VOLUNTARY ACQUISITION 6 7 WHEREAS, since January, 2007, the City of Virginia Beach (the "City") has been 8 implementing its BRAC Response Program, including among other things, the APZ-1 9 Acquisition Plan and the Interfacility Traffic Area (the "ITA") Acquisition Program, and 10 has been spending $15 million per year to stop and roll back encroachment around 11 Naval Air Station Oceana ("NAS Oceana") and in the flight path between NAS Oceana 12 and Fentress Landing Field in Chesapeake. 13 14 WHEREAS, in 2008, the General Assembly authorized spending the $15 million 15 per year in the APZ-1 and Clear Zone, the ITA and in "any other area designated by the 16 military as an area of special concern by reason of the potential for adverse effects on 17 military operations caused by the encroachment of incompatible land uses." (HB522) 18 19 WHEREAS, on March 3, 2011, the Commanding Officer of NAS Oceana 20 requested that the City establish a program to acquire land in the area of the City south 21 of Indian River Road that lies within any noise contour shown on the Air Installations 22 Compatible Use Zones ("AICUZ"), which area is now being referred to as the Rural 23 AICUZ Area (the "RAA"). 24 25 WHEREAS, in his letter, the Commanding Officer identified the RAA as an area 26 of special concern to the Navy, because if "repetitive Field Carrier Landing Practice 27 (FCLP) operations to runway 23 at Naval Auxiliary Landing Field (NALF) Fentress, as 28 well as inter -facility air traffic impact this area.... Incompatible development would be 29 considered an unacceptable encroachment to the mission and threaten the viability of 30 both airfields." 31 32 WHEREAS, the Oceana Land Use Conformity Committee (the "Committee") has 33 recommended that a plan be adopted to acquire properties meeting at least one of the 34 following criteria: 35 36 1. Land is greater than 300 acres in size, when considered alone or with any 37 adjacent parcel owned by the same owner. 38 2. Land is approvable for 20 or more residential units, by right, when considered 39 alone or with any adjacent parcel owned by the same owner. 40 3. Land is not eligible for participation in the Agricultural Reserve Program. 41 42 WHEREAS, the purpose of the Rural AICUZ Acquisition Plan (the "RAA Plan") is 43 to protect the mission of Naval Air Station Oceana (NAS Oceana) and Naval Auxiliary 44 Landing Field Fentress (NALF Fentress) and to ensure that Virginia Beach continues to 45 be the host of the East Coast Master Jet Base. The RAA Plan will be a part of the City 46 of Virginia Beach's response plan created after the 2005 BRAC Order and will be in 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 addition to the ongoing APZ-1/ Clear Zones Use and Acquisition Plan and the Interfacility Traffic Area Acquisition Plan, as those plans have been amended; WHEREAS, the intent of the RAA Plan to complement the Agricultural Reserve Program, which ensures that the rural areas of Virginia Beach will continue to be farmed; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Rural AICUZ Area Acquisition Plan (the "RAA Acquisition Plan") dated July 12, 2011 and attached hereto as "Exhibit A", is hereby adopted; and 2. That the City Manager is authorized to enter into any agreements on behalf of the City or to execute any necessary documents to acquire properties that qualify for acquisition under the terms of the RAA Acquisition Plan from willing sellers, to the extent that funds are available. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 2011. APPROVED AS TO CONTENT: 40- jr, - Pla ning Department APPROVED AS TO LEGAL SUFFICIENCY: /9,f f, �-� A-(-- �. City? Atto ey's ice i CA11729 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom 32\wpdocs\d024\p010\00025875.doc 7/1/2011 EXHIBIT A July 12, 2011 RURAL AICUZ AREA ACQUISITION PLAN I. THE SUBJECT AREA This acquisition plan applies to the area to be called the Rural AICUZ Area (RAA), which is defined as that area of the City of Virginia Beach south of Indian River Road that lies within any noise contour shown on the Air Installations Compatible Use Zones (AICUZ) published by the United States, Department of the Navy, in 1999. A map depicting the RAA is attached as Exhibit A to this plan. II. PURPOSE OF THE PLAN The purpose of this plan is to protect the mission of Naval Air Station Oceana (NAS Oceana) and Naval Auxiliary Landing Field Fentress (NALF Fentress) and to ensure that Virginia Beach continues to be the host of the East Coast Master Jet Base. This plan will be a part of the City of Virginia Beach's response plan created after the 2005 BRAC Order and will be in addition to the ongoing APZ-1/ Clear Zones Use and Acquisition Plan and the Interfacility Traffic Area Acquisition Plan, as those plans have been amended. III. BACKGROUND The RAA lies adjacent to and just south of the boundaries of the Interfacility Traffic Area (ITA). During the Joint Land Use Study conducted by representatives of the City and the Navy in 2005, the ITA was identified as an important area to protect, in part because it was largely undeveloped and in part because of the heavy usage of the airspace above the ITA. The area lies beneath the airspace frequently used by Navy aircraft not only in arriving and departing from NAS Oceana, but also in training taking place as NALF Fentress and transit between NAS Oceana and the landing field. The southern boundary of the ITA is also the southern boundary of the City's Transition Area. The noise impact of the jets is the same on either side of that southern boundary of the ITA, and the AICUZ boundaries designated by the Department of Defense do not distinguish between areas inside or outside of the ITA. On March 3, 2011, the Commanding Officer of NAS Oceana requested that the City establish a program to acquire land in the RAA. In his letter, he identified the RAA as an area of special concern to the Navy, because if "repetitive Field Carrier Landing Practice (FCLP) operations to runway 23 at Naval Auxiliary Landing Field (NALF) Fentress, as well as inter -facility air traffic impact this area.... Incompatible development would be considered an unacceptable encroachment to the mission and threaten the viability of both airfields." A copy of such letter is attached as Exhibit B. The letter also stated that there would be multiple benefits to such acquisitions, namely, preservation of open space, addressing water quality mandates, provision of recreation opportunities, and protection of farmlands and implementing the conceptual North Landing River Natural Area, a proposed connection of river, forest and marsh through the southern area of the City along the North Landing River, the Intra -Coastal waterway from the state line north to Chesapeake. IV. PURPOSES FOR THE ACQUISITION The purposes for the acquisition of property in the RAA are: • To address the concerns of the Navy, as described in the letter attached as Exhibit B to this plan. • To reduce the opportunity for larger scale (non-agricultural) residential development. • To provide opportunities for wetlands mitigation for the Southeastern Parkway and Greenbelt. • To conserve fragile land for other environmental purposes. • To assemble a green space corridor of connectivity along the North Landing River. • To provide for open space and recreational opportunities. V. PROPERTY QUALIFYING FOR ACQUISITION In order to qualify for acquisition by the City under this plan, properties must be entirely or partially within the RAA boundaries identified on the map attached as Exhibit A to this plan and must meet at least one of the following criteria: 1. Land is greater than 300 acres in size, when considered alone or with any adjacent parcel owned by the same owner. 2. Land is approvable for 20 or more residential units, by right, when considered alone or with any adjacent parcel owned by the same owner. 3. Land is not eligible for participation in the Agricultural Reserve Program. The intent of this plan is to complement the Agricultural Reserve Program, which ensures that the rural areas of Virginia Beach will continue to be farmed. 2 VI. LAND USE Properties acquired by the City will be used for open space and recreation. Recommended land use in the RAA will remain as described in the City's Comprehensive Plan, which is primarily agricultural, with opportunities for recreation and open space. VII. FUNDING This project will be funded through Oceana & ITA Conformity and Acquisitions (CIP 9-060) and Open Space Program Site Acquisition (CIP 4-004), as appropriate. All transactions will be on a cash basis; the issuance of debt for acquisition is not recommended. State and federal grants are other potential sources of funds. These should be aggressively pursued as opportunities arise and as available, and, when combined with local sources, could be used to leverage City funds. The City intends to partner with the United States Navy in the existing Encroachment Partnering program. In 2007, the City entered into a Multi-year Agreement By and Between the United States of America and City of Virginia Beach (the "Encroachment Partnering Agreement"). The Encroachment Partnering Agreement has a five-year term, which expires September 26, 2012 and which may be extended or renewed by the parties. VIII. IMPLEMENTATION The Plan will be implemented by the ITA Acquisition Review Committee, a committee consisting of City staff and representatives from the Navy. City staff present during the committee meetings will include a representative from the City's Department of Agriculture when RAA acquisitions are being considered. �3 EXHIBIT A TO RURAL AICUZ AREA ACQUISITION PLAN ITA AZ City &Cheesapeake NAF Fentress City of Virginia Beach hlapShofmrilnteeami,YT � -afficArea and - v3l AIC — Area Mi r-1 MI m DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2131 The Honorable William D. Sessoms, Jr. Mayor of the City of Virginia Beach Municipal Center 2401 Courthouse Drive Virginia Beach, VA 23456-9000 Dear Mayor Sessoms: Our Encroachment Partnering (EP) Program progress and continues to be successful since Agreement (MYA) was signed in September 2007. focuses on the "Inter -facility Traffic Area defined and adopted by ordinance on December like to explore the possibility of expanding acquisition program. EXHIBIT B TO RURAL AICUZ AREA ACQUISITION PLAN IN 9TZ FER TO: Ser 33/LU49 March 03, 2011 has made great our Multi -Year The program (ITA) that was 20, 2005. I would the city's An area of special concern is located south of the ITA, specifically, parcels that lie within the AICUZ sound contours south of Indian River Road and preliminarily called the "Rural AICUZ Area" (RAA). The RAA is generally undeveloped, however repetitive Field Carrier Landing Practice (FCLP) operations to ..runway 23 at Naval Auxiliary Landing Field (NALF) Fentress, as well as inter -facility air traffic impact this area as depicted on the AICUZ/JLUS planning map. Incompatible development would be considered an unacceptable encroachment to the mission and threaten the operational viability of both airfields. Acquiring interests in this area would serve multiple purposes. Above and beyond preventing further encroachment upon NAS Oceana and NALF Fentress, the benefits to the community and state land protection goals could be advanced. Preservation of natural habitat, water quality mandates, recreational opportunities and the protection of productive working lands are all possible around the North Landing River and Albermarle - Chesapeake Canal corridor in which the RAA is situated. The "North Landing River Natural Area" concept has been discussed with local and state officials, as well as other interested conservation organizations. Open space preservation through the proposed RAA will be enhanced as the Nature Conservancy, the Virginia Beach Agricultural Reserve Program and the Virginia Department of Conservation and Recreation already have significant land holdings within, north and south of the RAA. The City/Navy ITA acquisition team discussed the expansion idea in May 2010. At this time, we respectfully ask that the City of Virginia Beach consider and formally approve the creation of the RAA 5740 Ser 33/449 March 03, 2011 Acquisition Program. If you have any questions, please contact my Community Planning Liaison Officer, Mr. Ray Firenze, at (757) 433-3158. Thank you for your consideration. ncerely, J. D. WEBB Captain, U.S. Nav Commanding Office Copy to: COMLVAVREG MIDLANT (00/NO2B) Virginia Beach City Council Virginia Beach Planning Commission , 7;y � a} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Non -Binding Memorandum Of Understanding Between The Trust For Public Land, Chesapeake Bay Foundation and the City, to Memorialize the Proposed Process to Acquire the Property Known as Pleasure House Point MEETING DATE: August 9, 2011 ■ Background: Redus VA Housing, LLC, a Virginia limited liability company and wholly owned subsidiary of Wells Fargo, N.A. ("Wells Fargo") is the owner of 122 acres, more or less, commonly known as Pleasure House Point (the "Property"). The City has been interested in preserving the Property as a natural area for the benefit of the public for more than ten years. Under the terms of the proposed MOU, the City would purchase the majority of the property consisting of 112 acres (the "City Parcel"), and Chesapeake Bay Foundation, a Maryland corporation, ("CBF") would acquire a 10 - acre portion of the property to construct an environmental education center (the "CBF Parcel'). In May 2010, The Trust for Public Land, a non-profit California public benefit corporation ("TPL"), CBF and the City announced the intent to work together for the purpose of acquisition of the Property by the City and CBF. TPL, CBF and the City desire to enter into a non-binding Memorandum of Understanding ("MOU") to memorialize their mutual understanding of the basic framework for the acquisition of the Property as the parties cooperatively proceed to acquire the Property from Wells Fargo for park use, open space, passive recreation, wetlands mitigation, water access, environmental education, and oyster restoration. The major terms of the MOU are summarized in a Summary of Terms attached to the Ordinance. ■ Considerations: A request to finalize the terms in a Purchase Agreement between TPL and the City will come back to City Council for approval at a later date. Until a Purchase Agreement is authorized and executed, none of the parties is required to complete any of the real estate transactions contemplated in the MOU. A Summary of Terms of the MOU is attached to the Ordinance. No appropriation is authorized at this time. The Parties expect the total purchase price of the Property to be $13,000,000. CBF will be responsible for securing $1,000,000 for the acquisition of the CBF Parcel. City will be responsible for securing $5,000,000 toward the purchase of the City Parcel. The Parties will continue to cooperate to help the City secure any public and private funding sources that may be available to contribute toward the remaining $7,000,000 required for the acquisition of the City Parcel. A 10 -acre portion of the City Parcel at the intersection of Marlin Bay Drive and Shore Drive may be marketed by TPL or the City for private development. TPL intends to complete at its expense all of the due diligence studies associated with the acquisition of the Property from Wells Fargo, and to share the products of this due diligence with City and CBF. City and CBF will each be responsible for seeking their own respective necessary permits and approvals. Any one of the Parties may terminate the MOU as it applies to that party, at any time, upon giving 30 days' prior written notice to the other parties. ■ Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Parks & Recreatiov/41"*" City Manager: SIL 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A NON-BINDING 3 MEMORANDUM OF UNDERSTANDING BETWEEN 4 THE TRUST FOR PUBLIC LAND, CHESAPEAKE BAY 5 FOUNDATION AND THE CITY, TO MEMORIALIZE 6 THE PROPOSED PROCESS TO ACQUIRE THE 7 PROPERTY KNOWN AS PLEASURE HOUSE POINT 8 9 WHEREAS, Redus VA Housing, LLC, a Virginia limited liability company and 10 wholly owned subsidiary of Wells Fargo, N.A. ("Wells Fargo") is the owner of 122 acres, 11 more or less, commonly known as Pleasure House Point (the "Property"), which 12 Property is more particularly described on the Summary of Terms attached hereto as 13 Exhibit A and made a part hereof; 14 15 WHEREAS, in May 2010, The Trust for Public Land, a non-profit California public 16 benefit corporation ("TPL"), Chesapeake Bay Foundation, a Maryland corporation 17 ("CBF") and the City announced the intent to work together for the purpose of 18 acquisition of the Property by the City and CBF; 19 20 WHEREAS, TPL, CBF and the City desire to enter into a non-binding 21 Memorandum of Understanding ("MOU") to memorialize their mutual understanding of 22 the basic framework for the acquisition of the Property as the parties cooperatively 23 proceed to acquire the Property from Wells Fargo for park use, open space, passive 24 recreation, wetlands mitigation, water access, environmental education, and oyster 25 restoration; 26 27 WHEREAS, the City has been interested in preserving the Property as a natural 28 area for the benefit of the public for more than ten years; 29 30 WHEREAS, under the terms of the proposed MOU, the City would purchase the 31 majority of the Property (112 acres), and CBF would acquire a 10-acre portion of the 32 Property to construct an environmental education center; and 33 34 WHEREAS, the MOU provides that the City, CBF and TPL will negotiate the 35 terms for the purchase of the Property, and that a Purchase Agreement, once finalized, 36 will come back before City Council for approval at a later date. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 1. That the City Manager or his designee is hereby authorized to execute a non- 42 binding memorandum of understanding with The Trust for Public Land and 43 Chesapeake Bay Foundation (the WOU") for the acquisition of the Pleasure 44 House Point Property in accordance with the Summary of Terms attached 45 hereto as Exhibit A and made a part hereof, and such other terms and 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 2. That the City Manager or his designee and the City Attorney are hereby authorized to proceed with the development of the documents necessary and appropriate to implement the provisions of the MOU. 3. That the City Manager or his designee is hereby authorized to seek additional funding sources for the purchase of the Property, such as through the application for loans and grants, and to seek public input regarding the future uses of the Property. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Approved as to Content: Approved as to Legal Sufficiency: CA11733 \wbgov.com\dfs l Aapplications citylawprodAcycom32\wpdocsVd023\p01 I V00025462.doc R-1 6/23/11 2 City ttorney's ffi�D- c EXHIBIT A SUMMARY OF TERMS Memorandum of Understanding Between the City of Virginia Beach, The Chesapeake Bay Foundation and The Trust for Public Land Parties: City of Virginia Beach (the "City"), The Chesapeake Bay Foundation, a Maryland corporation ("CBF"), and The Trust for Public Land, a non-profit California public benefit corporation ("TPL") Purpose: Setting forth the mutual understandings of the parties for the proposed purchase of approximately 122 acres by the City and CBF and with the assistance of TPL Property: 122 acres, more or less, commonly known as Pleasure House Point, GPINs: 1489-47-1735; 1489-47-1881; 1489-47-2725; 1489-47-2788; 1489-47-3733; 1489-47-3795; 1489-47-4751; 1489-47-5704; 1489-47-5750; 1489-47-6704; 1489-47-6669; 1489-47-7705; 1489-47-7679; 1489-47-8715; 1489-47-8667; 1489-47-9713; 1489-47-9655; 1489-57-0711; 1489-57-0654; 1489-57-1628; 1489-57-1671; 1489-57-2628; 1489-57-2661; 1489-57-3616; 1489-57-3558; 1489-57-4614; 1489-57-4546; 1489-57-5601; 1489-57-5544; 1489-57-5598; 1489-57-6532; 1489-57-6596; 1489-57-7541; 1489-57-8502; 1489-57-8570; 1489-57-6732; 1489-28-1544; 1489-28-3534; 1489-47-2243; 1489-57-1517; 1489-57-9518; 1489-67-1436 (the Property") Division of Property and Easements: City will purchase 112 acres +/- of the Property (the "City Parcel"), together with an easement or deed dedication, or other permanent dedication to the City for public access and use along the entire shoreline, for all reasonable shoreline public access and use, including but not limited to wading, fishing, walking, jogging, bird -watching, studying nature and wildlife, and similar activities, subject to reasonable controls by CBF to prevent interference with CBF's use of the CBF Parcel and CBF's environmental education activities. CBF will purchase 10 acres +/- of the Property (the "CBF Parcel"), together with the following easements on the City Parcel: a. Access Drive Easement: To provide pedestrian and vehicular ingress and egress to and from the CBF Parcel. b. Beach Access Easement: For use related to the conduct of field education classes. c. Pier Access Easement: For pedestrian ingress and egress. d. Pier Easement: For construction, maintenance and use of a pier, boat docking platform, dock boxes, canoe/kayak boat house and/or canoe/kayak racks. e. Utilities Easement: to the extent necessary, for the installation and maintenance of connections to public utilities. The Pier Easement and Pier Access Easement will be granted, provided such easements do not interfere with City's ability to obtain desired funding, which funding may require the grant of a conservation easement or placement of other use restrictions on portions of the City Parcel. Funding: The Parties expect the total purchase price of the Property to be $13,000,000. CBF will be responsible for securing $1,000,000 for the acquisition of the CBF Parcel. City will be responsible for securing $5,000,000 toward the purchase of the City Parcel. The Parties will continue to cooperate to help the City secure any public and private funding sources that may be available to contribute toward the remaining $7,000,000 required for the acquisition of the City Parcel. A 10 -acre portion of the City Parcel at the intersection of Marlin Bay Drive and Shore Drive may be marketed by TPL or City for private development. Future Agreements: At the appropriate time, the parties will negotiate and execute the following Agreements: Between City and TPL — Purchase and Sale Agreement for the purchase of the City Parcel; Between TPL and CBF — Purchase and Sale Agreement for the purchase of the CBF Parcel; Between City and CBF -- Cooperative Use Agreement to more explicitly outline shared uses and responsibilities in connection with the CBF Parcel and the City Parcel, and for any ongoing management of the easement areas to the extent not already addressed within such respective easement instruments. Due Diligence: TPL intends to complete at its expense all of the due diligence studies associated with the acquisition of the Property from the Owner, and to share the products of this due diligence with City and CBF. 2 The due diligence studies will include any appraisals, surveys or subdivision or re- subdivision plats, title reports or opinions, Phase I Environmental Site Assessment and any environmental testing related thereto. It does not include obtaining any permits or approvals necessary for the future intended uses of the Property by the Parties. City and CBF are each responsible for seeking their own respective necessary permits and approvals. Cooperation and Coordination: The Parties will continue to cooperate on site evaluation and pre -planning for the potential future uses of the Property, with City taking the lead on the City Parcel and CBF taking the lead on the CBF parcel. The Parties will coordinate the physical and legal access that would serve the CBF Parcel and the City Parcel with the intent to create the least environmental disturbance/impact to the Property as possible. City and CBF will continue to share ideas on the potential future improvements to each of their respective parcels, as well as ideas for potential improvements to areas that are intended for joint use by City and CBF. Public Information and Input: City and CBF intend to conduct a joint public input process, and the Parties understand that all proposed uses of and improvements to be constructed on the City Parcel and locations of easements on the City Parcel are subject to change after consideration of the public comments in the public input process. Termination: Any party may terminate the MOU as to that party upon giving 30 days" notice to the other parties. The remaining parties may continue in the agreement. Nonbinding: The MOU is not binding on any party, and no acquisitions are required to be completed until each party has secured funding and entered into the above -referenced Purchase and Sale Agreements. Post -Closing Right of Purchase and Right of First Refusal: The City will have a right to purchase the CBF Parcel for $1 million in the event CBF has not commenced construction within 10 years or substantially completed construction within 12 years from the date CBF acquires the CBF Parcel. The City will have a right of first refusal to purchase the CBF Parcel. CBF will give the City notice of any letter of intent and/or offer it intends to accept. City will have 45 days to notify CBF if it intends to exercise its right of first refusal. z N =z m z m A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acceptance of the Dedication of a Conservation Easement over the Property Located at 3067 West Neck Road MEETING DATE: August 9, 2011 • Background: The property located at 3067 West Neck Road (GPIN 2403-04-2343) containing a farmhouse and 41.5+/- acres (the "Property") is owned by Ms. Emma Fountain. The farmhouse located on the Property is an historic house built circa 1810, and the Property has been primarily used for agricultural purposes for many years. • Ms. Fountain has approached the City and offered to dedicate a conservation easement over the Property (the "Easement"). The Easement would restrict any further development on the Property with the exception of the existing structures and, if such a move is approved by the City Council at a later time, the relocation of the existing Masonic lodge currently located at 2849 Princess Anne Road onto a 3.75 acre parcel of the Property. Farming and other open space uses would still be permitted under the terms of the Easement, but no further development would be allowed on the Property. • Considerations: Ms. Fountain proposes to dedicate the Easement to the City. The City's responsibility going forward would be limited to monitoring the Property and enforcing the Easement terms, if necessary. The Easement would ensure the majority of the Property remains open space available for farming in perpetuity at a minimal cost to the City. Ms. Fountain had previously applied to place the Property into the Agricultural Reserve Program but, due to the high appraisal value of the Property given its proximity to Indian River Plantation, her application was not approved. • Public Information: Advertisement of City Council Agenda. • Recommendations: Authorize the City Manager to execute the appropriate documents to accept the dedication of a conservation easement over the Property. • Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager:'' 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 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE OF THE DEDICATION OF A CONSERVATION EASEMENT OVER THE PROPERTY LOCATED AT 3067 WEST NECK ROAD WHEREAS, Ms. Emma Fountain is the owner of the property located at 3067 West Neck Road, containing a farmhouse built circa 1810 and 41.5 +/- acres of property (the "Property"); WHEREAS, Ms. Fountain has offered to dedicate a conservation easement over the Property to the City of Virginia Beach (the "Easement"); ,WHEREAS, under the terms of the Easement, other than the existing structures and an area for the potential relocation of a Masonic lodge, the Property would not be further developed; and WHEREAS, acceptance of the dedication of the Easement would promote the City's goals of preserving open space areas and preserving agricultural lands. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the City Manager or his designee to accept the dedication of a conservation easement (the "Easement") over the 41.5 acre (+/-) parcel of real property located at 3067 West Neck Road (the "Property") by Ms. Emma Fountain. 2. That the City Manager or his designee is further authorized to execute any and all documents necessary or appropriate in connection with the acceptance of the dedication of the Easement over the Property, so long as such documents are consistent with the Summary of Terms attached hereto, and made a part hereof, and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2011. APPROVED AS TO LEGAL SUFFICIENCY i 4 City Attorney APPROVED AS TO CONTENT JicS Cit an CA11215 \\vbgov. com\DFS 1 Wpplications\CityLawProd\cycom32\Wpdocs\D027\P007\00073004. DOC R-1 July 29, 2011 Grantor: Grantee: Property: Cost of Acquisition Property Restrictions: Future City Obligations: SUMMARY OF TERMS CONSERVATION EASEMENT (the "Easement") Emma Smithson Fountain The City of Virginia Beach 41.586 +/- acres located at 3067 West Neck Road (GPIN: 2403-04-2343) None. Easement will be dedicated. Other than an existing historic home and supporting buildings and, if approved by Council at a later date, a 3.75 acre portion of the Property for the relocation of the Masonic Home currently located on Princess Anne Road, no other development would be allowed on the Property. Farming is allowed under the terms of the Easement. To monitor the Property and enforce the Easement terms, if necessary. n m 94 b z co a rn o- , pp -4y , o� o 4y � Af mz ` a OP O o w � 4 o 0 z 0 o wz o z om th D �oC 0 „ W M 4 =l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of American Medical Response Mid - Atlantic, Inc. in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: August 9, 2011 ■ Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such an organization to obtain an annual permit authorizing its operation. The required annual permit must be granted by City Council after a public hearing. American Medical Response Mid - Atlantic, Inc. has requested approval of its establishment and an operations permit. ■ Considerations: The required application has been processed by the Department of Emergency Medical Services for the operation of a private permitted EMS agency. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of American Medical Response Mid - Atlantic, Inc. in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve protect and promote the public health, safety and general welfare. ■ Public Information: Public information will be handled through the normal agenda process. Additionally, under the provisions of Code of Virginia Section 32.1- 111.14, a public hearing must be held prior to acting upon the resolution. ■ Recommendations: Approve Resolution. ■ Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager - Manager• 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 A RESOLUTION TO APPROVE ESTABLISHMENT OF AMERICAN MEDICAL RESPONSE MID -ATLANTIC, INC. IN VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING PRIVATE AMBULANCE SERVICES WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must approve the establishment of an emergency medical service organization in the City of Virginia Beach; and WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 10.5-2 , any individual or organization that desires to operate an emergency medical services agency or emergency medical services vehicles in Virginia Beach for emergency transport or non -emergency transport purposes must apply for a permit; and WHEREAS, a request for establishment and an application for a permit has been received from American Medical Response Mid -Atlantic, Inc.; and WHEREAS, this request and application has been recommended for approval by the Virginia Beach Department of Emergency Medical Services; and WHEREAS, City Council finds the approval of this request and application is in the best interests of the citizens of Virginia Beach as it will assure continued and adequate emergency services and will preserve, protect and promote the public health, safety and general welfare of the citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the request of American Medical Response Mid -Atlantic, Inc. for the establishment of its emergency medical service in the City of Virginia Beach, and its application for an annual EMS permit for providing private EMS ambulance services in the City of Virginia Beach is hereby approved and granted, effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency Medical Services City At ney's is CA11992 / R-1 / July 12, 2011 CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City Right -of -Way Under Commerce Street at Town Center by Town Center Associates 7, L.L.C. MEETING DATE: August 9, 2011 ■ Background: Town Center Associates 7, L.L.C. ("TCA") is the owner of the West Retail Unit A of the Block 7 condominium (the Westin block) at Town Center in Virginia Beach. TCA has leased a portion of West Retail Unit A to a restaurant that has requested that it be allowed to construct and maintain a grease interceptor, consisting of a 1,500 gallon grease trap and connecting pipes, under the right-of- way of Commerce Street in Town Center (the "Encroachment"). The Encroachment would be entirely subterranean and, once installed, would not impact pedestrian or vehicular traffic on Commerce Street or elsewhere. ■ Considerations: City Staff has reviewed the requested the Encroachment and has recommended approval of same, subject to certain conditions outlined in the encroachment agreement between the City and TCA (the "Agreement"). As with all encroachments approved in the City, the Encroachment would have to be removed at TCA's expense. Furthermore, after construction of the Encroachment, TCA will be responsible, at no cost to the City, for the restoration of Commerce Street to its original condition. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the Encroachment as presented, deny the Encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit Recommended Action: Approval Submitting Department/Agency: Department of Economic Development7WJ City Manage • V 1 AN ORDINANCE TO AUTHORIZE A 2 TEMPORARY ENCROACHMENT INTO A 3 PORTION OF CITY RIGHT-OF-WAY UNDER 4 COMMERCE STREET AT TOWN CENTER 5 BY TOWN CENTER ASSOCIATES 7, L.L.C. 6 7 WHEREAS, Town Center Associates 7, L.L.C. ("TCA") is the owner of the West 8 Retail Unit A of the Block 7 Condominium at Town Center in Virginia Beach, Virginia; 9 10 WHEREAS, TCA has requested that the City allow temporary encroachments in 11 the right-of-way under Commerce Street for the purpose of constructing a grease 12 interceptor to serve a new restaurant in Town Center; and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Town Center Associates 7, 22 L.L.C. and their assigns and successors in title are authorized to construct and maintain 23 a temporary encroachment consisting of an underground grease trap on a portion of 24 City right-of-way as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" 25 SHOWING AREA OF ENCROACHMENT FOR 1500 GALLON GREASE 26 INTERCEPTOR, VIRGINIA BEACH, VIRGINIA, JULY 14, 2011," a copy of which is on 27 file in the Department of Public Works and to which reference is made for a more 28 particular description; and 29 30 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Town Center Associates 7, L.L.C. (the "Agreement"); and 33 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement, and such other terms and conditions 36 deemed necessary and sufficient by the City Manager and in a form deemed 37 satisfactory by the City Attorney; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 40 time as Town Center Associates 7, L.L.C. and the City Manager or his authorized 41 designee executes the Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 Of .2011. APPROVED AS TO CONTENTS DEPARTMENT OF ECONOMIC DEVELOPMENT CA 11939 Uvhgov.com1DF571Applications\CityLawProdlcycom32tW pdocs002TP009100030898.DOC R-1 July 29, 2011 APPROVED AS TO LEGi SUFFICIENCY A■ i Rim • i i E�TH o� o GREGORY B. HAYES z 036291 �cr FSSiONAL ID (4Wv CWmER(,E 57R FT 61' RA`) FORMERL Y CLEtiELAN TR EST (MB 5, PG 201) 78.92' g� N EXISTING R�W -04 o J� 15Q0 GREASE � 22.44' to INTERCEPTOR cv ! RIM=9.76± CD ! INV (IN)= 4.02 INV (OUT) = 3.69 — — — 1 i EXHIBIT 'A' SHOWING AREA OF ENCROACHMENT FOR 1500 GALLON GREASE INTERCEPTOR VIRGINIA BEACH, VIRGINIA JULY 14, 2011 • • 20 4 • WOW I i FT E] pa C Lmironmental cjaictt • Platutine • Sun rine C ivil & Ln,iromncntal Erginemnc • Land-9alx 1i6ittO= ;03'3. Rouse Driec, Virginia Bcuch. VA 23462 ?i7-4960264 (0fc) 7j7 19()-06140--n) n n'�c.msacutli nc.com PROD. NO.: 99161T DATE: 07-14-11 SCALE: 1" = 20' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2011-12 Operating Budget of the Fire Department for HazMat Team Equipment MEETING DATE: August 9, 2011 ■ Background: The Virginia Department of Emergency Management has notified the City that it would receive federal pass-through funding for Haz-Mat Team equipment, exercise, and training. The Virginia Beach Fire Department's Hazardous Materials Team is a member of the Southside Regional Haz-Mat Team, which includes the Cities of Portsmouth, Norfolk, and Chesapeake. This funding will allow the Haz Mat Team to maintain its operational readiness for the response to and mitigation of chemical, biological, radiological, nuclear, and explosive incidents. ■ Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U.S. Department of Homeland Security's National Preparedness Directorate, FY 2010 State Homeland Security Grant (CFDA 97.073). The funds provided to the Fire Department's Operating Budget for equipment to be purchased to improve the Hazardous Materials Team's ability to mitigate hazardous materials incidents. There is no local match required for this program. The end of the program period is March 31, 2012, for obligation of funds, and June 30, 2012, to complete expenditures and finalize the close out reporting process. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendations: Accept and appropriate $17,500 from the U. S. Department of Homeland Security to the FY 2011/12 Operating Budget of the Virginia Beach Fire Department to purchase equipment for the Hazardous Materials Team. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: SV • 1A 8-1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Hazard Mitigation Grant Funds to Capital Improvement Project #6-501, Auxiliary Power Program -Sewer Pump Stations — Phase II I MEETING DATE: August 9, 2011 ■ Background: The City of Virginia Beach Department of Public Utilities operates and maintains 406 sanitary sewer pump stations. Presently, there are 43 stations that have permanent emergency generators on-site to provide back-up power when needed. Another 193 stations are equipped with automatic and manual power transfer switches that transfer the power from Dominion Power to a portable emergency generator. For the remaining 170 stations, Public Utilities has 23 portable 6" by-pass pumps to address power failures. Public Utilities has been using a portion of annual capital funding to provide automatic or manual transfer switches to stations that do not have permanent generators. The Department has been awarded a Hazard Mitigation Grant totaling $142,590, comprised of $106,943 from the Federal Emergency Management Agency, $28,518 from the Virginia Department of Emergency Management, and a $7,129 local match. The grant funding will enable Public Utilities to accomplish seven additional quick connects beyond those that were planned with the annual funding and will help minimize the likelihood of sewage overflow and related health hazards. Construction is to be completed by June 30, 2012. ■ Considerations: The local match funds are available within CIP # 6-501. If the ordinance is approved, Public Utilities will install automatic power transfer switches, wiring and emergency generator "quick connects" to seven of the most critical sewer pumping stations. The seven stations identified in the grant proposal are: 1. PS# 262 Oceana Gardens — 1817 S. Streamline Drive; 2. PS# 202 Cape Story by the Sea — 2637 Poinciana Drive; 3. PS# 335 Diamond Lake Estates — 1032 Norwich Avenue; 4. PS# 228 Great Neck Meadows West — 974 Old Cutler Road; 5. PS# 404 Carolanne Whirlaway — 5513 Whirlaway Road; 6. PS# 449 Lake Christopher North — 1465 Lake Christopher Drive; and 7. PS# 232 Linlier Winwood — 925 Winwood Drive. ■ Public Information: Public information will be coordinated through the normal City Council agenda process. ■ Recommendations: Approve the attached ordinance to accept and appropriate the funds and provide the local match. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager: 14 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO ACCEPT AND APPROPRIATE HAZARD MITIGATION GRANT FUNDS TO CAPITAL IMPROVEMENT PROJECT #6-501, AUXILIARY POWER PROGRAM -SEWER PUMP STATIONS — PHASE III BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $106,943 in federal pass-through funding from the Federal Emergency Management Agency is hereby accepted and appropriated, with federal revenue increased accordingly, to CIP #6-501, Auxiliary Power Program - Sewer Pump Stations — Phase III; 2. That $28,518 in State funding from the Virginia Department of Emergency Management is hereby accepted and appropriated, with State revenue increased accordingly, to CIP #6-501; and 3. That the required local match of $7,129 shall be provided from existing funding within CIP #6-501. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: y� ZI Management Services CA12000 R-1 July 25, 2011 APPROVED AS TO LEGAL SUFFICIENCY: y's Office avG j:A nGcy t CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds Awarded through the Victim Witness Program Grant MEETING DATE: Auqust 9, 2011 ■ Background: Each year the Office of the Commonwealth's Attorney receives funding for the Victim Witness Program from the Department of Criminal Justice Services in the form of a grant. This revenue is estimated and appropriated each year during the City budget process based on the amount received the previous year. The award letter arrived on July 8, 2011 informing the City that this year's award was in the amount of $265,797. The awarded amount is $5,212 more than estimated for the FY 2011-12 Budget. The Victim Witness Program provides funding that supports three full time caseworkers, one part-time caseworker and three support staff (two Clerk III positions and one Clerk ll). The mission of the program is to ensure that victims receive all information they need to assist them in getting through the court process and to ensure that victims are available in court when needed. ■ Considerations: These additional funds to not require a match from the City. The funds will be used to support the Victim Witness Program. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that City Council accept and appropriate this additional grant revenue to the Operating Budget of the Commonwealth Attorney. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commonwealth Attorney City Manager: � wt 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 AWARDED THROUGH THE VICTIM WITNESS PROGRAM 3 GRANT 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $5,512 is hereby accepted from the Department of Criminal Justice Services 7 and appropriated, with estimated federal revenues increased accordingly, to the FY 2011- 8 12 Operating Budget of the Commonwealth Attorney to support the Victim Witness 9 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )- 0(, L� (�L qDzkz'-'- Management Services i y y's Office CA12003 R-1 July 26, 2011 f 1 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services for the Purchase of Defibrillators and Related Equipment for Ambulances MEETING DATE: August 9, 2011 ■ Background: The General Assembly established the Four -for -Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code § 46.2-694, the Four -for -Life program collects four additional dollars on each state automobile license purchased annually. Twenty-five percent of these funds collected are returned to the locality through the Rescue Squad Assistance Fund Grant Program for equipment and supplies intended to enhance rescue/medical capabilities. These funds are shared among volunteer rescue squads, career medics, and firefighters to increase medical proficiencies and to enhanced training and equipment. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services a Rescue Squad Assistance Fund grant of approximately $27,735 to purchase two 12 -lead LifePak15 defibrillators and associated medical equipment. A local match is required, and it accounts for 50% of the cost to acquire these defibrillators. The Lifepak15 defibrillators will be used to replace 2 of the original 12 lead LifePak12 defibrillators. The LifePak12 machines are nearing the end of their life cycle. These machines will be rotated to second -run ambulances until they are no longer serviceable. The new equipment and supplies are used to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. ■ Considerations: The State Four -for -Life funds are strictly governed by state law and may be used to purchase additional or enhanced equipment or training needs. The funds may not be use to off -set or supplant current services. The funding for the local grant match of $27,735 is available in the General Fund Reserve for Contingencies. As of July 7, 2011, the balance in the General Fund Reserve for Contingencies is $763,932. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve the attached appropriation and transfer. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services--�" City Manage 1, ,'(�i6WA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR THE PURCHASE OF DEFIBRILLATORS AND RELATED EQUIPMENT FOR AMBULANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $27,735 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services for the costs of replacement defibrillators and related equipment; and 2) $27,735 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT �1 Management Services CA11998 R-1 July 15, 2011 APPROVED AS TO LEGAL SUFFICIENCY: GitrApKhe,yrs Office u.B� t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds Equal to the Amount Raised by the Fourth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and to Authorize a Donation to Seton Youth Shelters, Children's Hospital of the King's Daughters, and Virginia Beach Travel and Tourism Foundation MEETING DATE: August 9, 2011 ■ Background: On May 13, 2011, the Virginia Beach Development Authority (VBDA) and the Department of Economic Development (DED) hosted the fourth annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The golf and reception were scheduled to coincide with the Commonwealth of Virginia's Business Appreciation Month, which is celebrated annually during May to recognize the invaluable contributions that Virginia Beach businesses make to support our excellent economy and high quality of life. Over 800 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants (joined by members of the VBDA and DED) were invited to participate in this charitable fund-raising event. Private sector proceeds and donations were to be donated to three charities that provide services within the City. The Seton Youth Shelters offers services for youth in crisis. The Children's Hospital of the King's Daughters provides health care for children. The mission of the Virginia Beach Travel and Tourism Foundation is to increase awareness of the City's tourism and hospitality resources and recognize the contributions of tourism to the local economy. This exciting event generated $15,000 in monies for the benefit of the above referenced programs. ■ Considerations: The City accepted these funds from the VBDA at the end of Fiscal Year 2011. Because those funds lapse at the end of the Fiscal Year, a transfer from the Reserve for Contingencies is required to allow the City to donate funding from this event to the above charities for use within the City of Virginia Beach. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: A committee could be formed in order to identify other charities for consideration to share in the funding that was raised. ■ Recommendations: Approval of the transfer and donation to the local charitable programs. Recommended Action: Approval / Submitting Department/Agency: Economic Developmento 6/ City Manage . L ,�byy� 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 AN ORDINANCE TO TRANSFER FUNDS EQUAL TO THE AMOUNT RAISED BY THE FOURTH ANNUAL VIRGINIA BEACH BUSINESS APPRECIATION CHARITY GOLF CLASSIC AND NETWORKING RECEPTION AND TO AUTHORIZE A DONATION TO SETON YOUTH SHELTERS, CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, AND VIRGINIA BEACH TRAVEL AND TOURISM FOUNDATION WHEREAS, on May 13, 2011, the Virginia Beach Development Authority and the Department of Economic Development hosted the fourth annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach National Golf Club, which generated $15,000 that can be donated to local charitable programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $15,000 is hereby transferred from the General Fund Reserve for Contingencies to the Economic Development Department, which is equal to the amount generated by the fourth annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception for purposes of donation to local charitable programs; and 2. The $15,000 will be donated to Seton Youth Shelters, Children's Hospital of the King's Daughters, and Virginia Beach Travel and Tourism Foundation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO CONTENT: u;� n l� Management Services CA11890 R-3 June 24, 2011 APPROVED AS TO LEGAL SUFFICIENCY: it tt ey s Office N. PLANNING Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 — BEACH) DEFERRED APRIL 12, 2011 DEFERRED MAY 10, 2011 APPLICANT REQUESTS DEFERRAL 2. Application of HAMPTON ROADS CHURCH OF CHRIST for Modification of Condition #3 of their Use Permit (approved by City Council August 26, 2009) re an additional modular unit at 2520 Holland Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL - DELETE Condition #3 3. Application of EQUI-KIDS THERAPEUTIC RIDING PROGRAM for Modification of a Conditional Use Permit (approved by City Council August 12, 2003) re construction of a single- family dwelling at 2626 Heritage Park Drive (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL to ADD Condition #4 4. Application of THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH for a Conditional Use Permit re a religious use at the Sandler Center for the Performing Arts at 201 Market Street (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 5. Application of PRIORITY AUTO GROUP, INC./ VIRGINIA BEACH DEVELOPMENT AUTHORITY, for a Conditional Use Permit re automobile sales and service, at 100 South Independence Boulevard (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 6. Application of MARK SPANGLER D/B/A GARBEN, INC./PARKWAY SHOPPING CENTER ASSOCIATES, LLC for a Conditional Use Permit re an indoor recreational facility at 1949 Lynnhaven Parkway (DISTRICT 3 - ROSE HALL) RECOMMENDATION APPROVAL 7. Application of C & C DEVELOPMENT CO., INC. for a Change of Zoning District Classification from 0-2 Office to Conditional R-51) Residential Duplex with the Old Beach District Overlay at 414 25th Street (DISTRICT 6 - BEACH) RECOMMENDATION APPROVAL 8. Application of CITY OF VIRGINIA BEACH to AMEND Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. �N A BEI t 7 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, August 9, 2011, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT C & C Development Co., Inc. Application: Change of Zoning District Classification from 0-2 Office to Conditional R -5D Residential Duplex at 414 25th Street (GPIN 2427090610). Comprehensive Plan -SGA 8 Resort Area, Density 11.4 DU /acre. LYNNHAVEN DISTRICT Priority Auto Group, Inc./City Of Virginia Beach Development Authority Application: Conditional Use Permit for a automobile sales and service at 100 South Independence Boulevard (GPIN 1477435719; 1477437709). The Congregation of The Gathering United Methodist Church Application: Conditional Use Permit for a religious use at 201 Market Street (GPIN 1477447718). PRINCESS ANNE DISTRICT Equi -Kids Therapeutic Riding Program Application: Modification of Conditional Use Permit at 2626 Heritage Park Drive (GPIN 2413793139). Hampton Roads Church Of Christ Application: Modification of Conditional Use Permit at 2520 Holland Road (GPIN 1494874511). ROSE HALL DISTRICT Mark Spangler dba Garben, Inc./Parkway Shopping Center Associates, LLC Application: Conditional Use Permit for an indoor recreational facility at 1949 Lynnhaven Parkway, Suite 1588 (GPIN 1475978568). CITY OF VIRGINIA BEACH Ordinance to amend Section 221 of the City Zoning Ordinance pertaining to time limits for conditional use permits and conformity with applicable requirements. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbWv,com/oc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Ruth Hodges Fraser, MMC City Clerk BEACON: July 24 & July 31, 2011 22555985 Ruth H. Fraser Subject: FW: request for deferral for Greyhound bus terminal on council agenda for August 9 2011 From: Thomas Musumeci Sent: Wednesday, August 03, 2011 11:06 AM To: Ruth H. Fraser Cc: darshakpat gmail.com; thomas.wade@greyhound.com; John Uhrin; Faith Christie Subject: request for deferral for Greyhound bus terminal on council aqenda for August 9 2011 Dear Ms. Fraser; Per agreement with the applicant Mr. Patel as well as Greyhound bus lines, the surrounding residents represented by the Seabridge Square Civic Association and Councilman Uhrin we are requesting a six month deferral on the application of the Greyhound bus terminal on -17 th St. that is currently on the Council agenda for August 9, 2011. The parties all agree that this will be the final deferral that is requested and during this final six month deferral period Greyhound will be allowed to continue their operations as they have been for the last year. Please let me know if there is a problem with the request. Thank you Torn Musumeci Seabridge Square Civic Association 757-718-1048 -61 - Item K4. PLANNING ITEM # 60928 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council DEFERRED TO AUGUST 9, 2011, BY CONSENT, Ordinance upon Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard. (GPIN 2417659737) DISTRICT 6 - BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, 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 May 10, 2011 .10 10 10 O�O i*0 ow ow mi =1 on a too ow ow mi =1 on CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREYHOUND LINES, INC., Conditional Use Permit, passenger transportation terminal, 971 Virginia Beach Boulevard (GPIN 2417659737). BEACH DISTRICT MEETING DATE: August 9, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow use of the site for a passenger transportation terminal. The request is actually for a bus stop to be used three times a day. Currently, the site is occupied by a convenience store and 8 fueling stations. Greyhound Lines, previously located on Laskin Road, west of Oriole Drive, relocated their operations to this site earlier this year. Greyhound was not aware of the requirement for a Conditional Use Permit as the use on Laskin Road was nonconforming. The motor coaches arrive and depart three times daily — 6:35 am — 6:45 am, 12:20 pm — 12:30 pm, and 7:20 pm — 7:30 pm. The majority of users are local residents and the military. Tickets can be purchased at the convenience store and online. The users are dropped off at the site so there is no need for additional parking. Several chairs are installed on the eastern side of the building, outside, for the users to wait for the motor coach. This request was previously deferred from the April 12, 2011 City Council Hearing due to inadequate posting of signs and from the May 10, 2011 City Council Hearing to allow for the start of construction of an interior waiting area. ■ Considerations: The request is consistent with the Comprehensive Plan recommendations. Staff recommends approval of this request with the following conditions which address many of the concerns raised by both staff and the surrounding neighbors. There was one in opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following conditions: 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses Greyhound Lines, Inc. Page 2 of 2 within three months of City Council approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: • Three times daily — 6:35 am — 6:45 am, 12:20 pm — 12:30 pm, and 7:20 pm — 7:30 pm. 9. All loading and off loading of passengers shall take place on site, in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. rnch "''p' ' Grevhound Lines, Inc. h' ^mato Scare RT3 RT3 = RT3 — RT3* �-- I-71 (IB - Al2 . 'i _ t 3 dB 2 do 1 B2 412k` e i Al2 , 92 ` a}i, �•r AP �Z A18.•��`' s�..� Prommrb. wflMi-S OnrYy. CUP Panenger Transportation TemdnaJ 15 March 9, 2011 Public Hearing APPLICANT: GREYHOUND LINES, INC. PROPERTY OWNER: MABEL BROCK REQUEST: Conditional Use Permit (Passenger Transportation Terminal — bus stop) ADDRESS / DESCRIPTION: 971 Virginia Beach Blvd. GPIN: ELECTION DISTRICT: SITE SIZE: 24176597370000 BEACH 28,567 square feet STAFF PLANNER: Faith Christie AICUZ: Majority is within the greater than 75 dB DNL Eastern portion of the property is within the 70 — 75 dB Ldn SUMMARY OF REQUEST' The applicant requests a Conditional Use Permit to allow use of the site for a passenger transportation terminal. The request is actually for a bus stop to be used three times a day. Currently, the site is occupied by a convenience store and 8 fueling stations. Greyhound Lines, previously located on Laskin Road, west of Oriole Drive, relocated their operations to this site earlier this year. Greyhound was not aware of the requirement for a Conditional Use Permit as the use on Laskin Road was nonconforming. The motor coaches arrive and depart three times daily — 6:35 am — 6:45 am, 12:20 pm —12:30 pm, and 7:20 pm — 7:30 pm. The majority of users are local residents and the military. Tickets can be purchased at the convenience store and online. The users are dropped off at the site so there is no need for additional parking. Several chairs are installed on the eastern side of the building, outside, for the users to wait for the motor coach. The request was deferred January 12, 2011 Planning Commission meeting due to a legal issue. The request was deferred at the December 8, 2010 Planning Commission meeting so that the applicant could GREYHOUND LINES, INC. Agenda Item 15 Page 1 meet with the surrounding neighbors to discuss the proposal. The applicant met with the neighbors on December 8, 2010. Staff has addressed the neighbors' concerns in the evaluation and conditions section of this report. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Convenience store and gasoline pumps SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Across Virginia Beach Boulevard is parking for the Convention Center / RT -3 Resort Tourist South: . Undeveloped lot / B-2 Business • Seabridge Square townhomes / A-12 Apartment East: . Bulk Storage / Conditional B-2 Business West: . Seabridge Road • Across Seabridge Road is a retail strip center / B-2 Business NATURAL RESOURCE AND There are no natural resources or cultural features associated with this CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts are needed to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28 Policy Document). The Resort Area Strategic Action Plan (RASAP) adopted as part of the Comprehensive Plan further identifiers this area as the 19th Street/Central Beach District. The vision for the Central Beach District is a pedestrian - scale, mixed-use entertainment district that connects recent investments at the Convention Center with the heart of the beach. With the introduction of Light Rail Transit (LRT) from Norfolk into Town Center and the Oceanfront, this corridor will be a prime location for multifamily housing, transit oriented development, retail, restaurants, and similar uses (p. 2-29). The RASAP also acknowledges a transit network plan that proposes a LRT link connecting Norfolk to Town Center and the Oceanfront, with stations at the current Convention Center and future Dome Site. The LRT would tie into the local trolley line that serves as the north/south connector along Atlantic and Pacific Avenues (see RASAP poster, Transit Network). It should also be noted that the 19th Street Corridor east of Birdneck Road to the Dome Site is identified as "Study Alternative A-1" for LRT or Bus Rapid Transit (BRT) transit corridor alignment in the Virginia Beach Transit Extension Study currently being conducted by HRT. Furthermore, this site is located within the Convention Center Transit Station Influence Area (1/4 mile) and within the Dome Site Transit Station Influence Area (1/2 mile) also being evaluated in that study. GREYHOUND LINES, INC. Agenda Item 15 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this application is a four -lane minor urban arterial with a 100 -foot right-of-way width, which is also the ultimate right-of-way width provided in the City's Master Transportation Plan. There are currently no plans to improve this portion of the roadway. Seabridge Road also provides access to this site. Seabridge Road is a two-lane local street with a sixty -foot right-of-way width. Seabridge Road is not included in the City's Master Transportation Plan and there are no roadway plans for this portion of the road. PUBLIC WORKS/TRAFFIC ENGINEERING: • This site is located at the corner of Virginia Beach Boulevard and Seabridge Road. There is currently both right -turn and left -turn lanes onto Seabridge Road from Virginia Beach Boulevard. The site has direct access to both streets, so any additional traffic created by this use, including bus traffic, can potentially use the turn lanes onto Seabridge Road to access the site. Furthermore, both sections of roadway currently operate at well below capacity and both can handle additional traffic volumes. • Traffic Engineering feels that the current site configuration should be adequate for the additional vehicular trips generated by the proposed use, and there should be no substantial negative safety or traffic flow impacts created by the proposed bus depot. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 11,700 ADT 22,800 ADT Existing Land Use 2-41-4— Boulevard ADT (34 Peak Hour) Proposed Land Use 3— 628 ADT Average Daily Trips Zas defined by a gasoline station with a convenience story a as defined b a gasoline station with a convenience store and a 6 dailybus stops EVALUATION AND RECOMMENDATION The request is consistent with the Comprehensive Plan recommendations. Staff recommends approval of this request with the following conditions which address many of the concerns raised by both staff and the surrounding neighbors. CONDITIONS 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. FailUF6 to Gemply with the 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council GREYHOUND LINES, INC. Agenda Item 15 Page 3 approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: • Three times daily — 6:35 am — 6:45 am, 12:20 pm —12:30 pm, and 7:20 pm — 7:30 pm. 9. All loadinq and off loadinq of passengers shall take place on site, in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GREYHOUND LINES, INC. Agenda Item 15 Page 4 AERIAL OF SITE LOCATION GREYHOUND LINES, INC. Agenda Item 15 Page 5 °5 00 Q� ' B£ 7 PHYSICAL SURVEY`A•.fB� Ac GREYHOUND LINES, INC. Agenda Item 15 Page 6 y 0UR NA I-- OD OM 3 Ol LO S - OOi BOG lH 'Or— m b� Sgt 2 v qrz 0 � ° h V VWQ !y pw^ �4�00 �DFm 2 QV 1 2� :a e% ° i '''% k pN osill Oit,l G 8 w K fO M (M/d,09) Od 390/dBV3S ' B£ 7 PHYSICAL SURVEY`A•.fB� Ac GREYHOUND LINES, INC. Agenda Item 15 Page 6 y 0UR NA t ' 0w Z•1w b� Sgt 2 v qrz 0 � ° V VWQ pw^ �4�00 �DFm 2 QV 1 2� ' B£ 7 PHYSICAL SURVEY`A•.fB� Ac GREYHOUND LINES, INC. Agenda Item 15 Page 6 y 0UR NA o" as 2SS7 R �_ PARCEL A M.B. 2M, P, 38 SITE PLAN GREYHOUND LINES, IANC. Agenda Item 15 Page 7 ��F O UP N WO �•.��` PIN FENa DRILL HOLE SET IN ON CE IN 07 FOUND S 050 27 40" E I PIN SE7 5.0' � 6 WOOD DI , 147.5 r.EROSENE PUMP b . FENCE ------------• ;N4.4' � OI _ ; DRIVEWAY Y �ODNC.CURB `r 5 (, s PAD 6' VVOOD C 7tj i�elCf 3's sear WTS:tX44 f 'Z PARCEL 2 Cl wNLNGCOLUMNN' AWNING NOT PRESS" CONC CURB o vFi;_______ -ZT3' ' PAI U1 o Lfj O) • MASONRY COLUMN m 447 • 30.LS -- ? ui M 3.1' D ISLAND U a �i �CON01ETE -j0 o DU LU Q M - 4rISLAND PUMP� 9ztn QD j i --r ry a0 ROOFUNE K 30.2 __ -� 3.1' ,•�, RAM} DRIVEWAY „- LIGHT KS, d N POLE J 'j0.2. r.-._.- a—LIGNT C NRB POLE VACUUM VENT PIPESt • B WOOD FEND in )TLS = 20.0' m LIGW CITGO SIGN POLE -�'}. lnG �" c; a 127.5' FENCE IN 3.S 1. < 147.5 PIN FOUND N 050 28'W PIN SET SEABRIDGE ROAD (60 RlWI SITE PLAN GREYHOUND LINES, IANC. Agenda Item 15 Page 7 ��F O UP N WO �•.��` PHOTOGRAPH OF EXISTING SITE - VIRGINIA BEACH BOULEVARD GREYHOUND LINES, INC. Agenda Item 15 MIS PHOTOGRAPH OF EXISTING SITE - SEABRIDGE ROAD GREYHOUND LINES, INC. Agenda Item 15 Page 9 PHOTOGRAPH OF BUS LOADING AREA GREYHOUND LINES, INC. Agenda Item 15 Page 10 Beach Map L-7 RT3* A ��pGH �dBLd�t /�,�t t ' Zoniny with Conditions Proffers. Open Space Promotion or POH-2 Overlays Grevhound Lines. Inc. RT3 RT3 C1.9 I- S d12 2* CUP Passenger Transportation Terminal # DATE REQUEST ACTION 1 10/22/88 Conditional Use Permit (Automobile Service Approved Station and Carwash 2 8/22/93 Alteration to a Nonconforming Use Approved 12/10/02 Rezoning (A-12 Apartment to Conditional B-2 Approved Business) & Conditional Use Permit (Bulk Storage) Approved 2/10/04 Modification of Proffers and Conditions 3 10/10/88 Rezoning (B-2 Business to A-12 Apartment) & Approved Conditional Use Permit (Group Home) 8/14/89 Conditional Use Permit (Group Home) Approved 2/11/92 Conditional Use Permit (Group Home) Approved 10/27/92 Conditional Use Permit (Group Home) Denied 10/26/93 Conditional Use Permit (Group Home - addition) Approved 4/25/00 Conditional Use Permit (Group Home - Approved expansion ZONING HISTORY GREYHOUND LINES, INC. Agenda Item 15 Page 11 [DfS:C:LOSURE 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) 67A e:,l Ao i,v el Li N v I ZN C 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list ifnecessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No 4 If yes, what is the name of the official or employee and the nature of their interest? CoMiional Use Permit Application Pape 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT GREYHOUND LINES, INC. Agenda Iters 15 Page 12 0 A z 0 COMM) DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ' "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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Print Name X -V),l'e-d- c 1,5-"e,k me 6C.,.i �,�,ac 1 Property Owner's Signature (if different than applicant) Print Name Conditional Use PermA Application Page 10 of 10 Revised WM007 GREYHOUND LINES, INC. Agenda Item 15 Page 13 Item #15 Greyhound Lines, Inc. Conditional Use Permit Passenger Transportation Terminal — bus stop 971 Virginia Beach Boulevard District 6 Beach March 9, 2011 APPROVED An application of Greyhound Lines, Inc. for a Conditional Use Permit (Passenger Transportation Terminal — bus stop) on property located at 971 Virginia Beach Boulevard, District 6, Beach. GPIN: 24176597370000. CONDITIONS 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. FailWFe te comply with the eenditions shall Fesult i at'.. of the use permit 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. Awaiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: • Three times daily — 6:35 am — 6:45 am, 12:20 pm —12:30 pm, and 7:20 pm — 7:30 pm. 9. All loading and off loading of passengers shall take place on site, in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. Item #15 Greyhound Lines, Inc. Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 15. ABS 0 ABSENT 1 ABSENT Thomas Wade, applicant appeared before the Board. B.A. Andrews appeared in support of this application. Tom Musumec appeared in opposition of this application. Item V -N.2. PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: -42 - ITEM # 59152 (Continued) Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None �..�.. is innn Item V N.2. PLANNING -41 - ITEM # 59152 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED application of HAMPTON ROADS CHURCH OF CHRIST re Modification of Conditions No. I and 2 (approved by City Council on February 23, 1999) re temporary portable structures. ORDINANCE UPON APPLICATION OF HAMPTON ROADS CHURCH OF CHRIST RE MODIFICATION OF CONDITIONS NO. 1 AND 2 (APPROVED BY CITY COUNCIL ON FEBRUARY 23, 1999) RE TEMP ORA R Y P OR TA BLE STRUCTURES. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HAMPTON ROADS CHURCH OF CHRIST re Modification of Conditions No. I and 2 (approved by City Council on February 23, 1999) re temporary portable structure, 2520 Holland Road,(GPIN: 914948745110000) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. All conditions, with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on February 23, 1999, remain in effect. 2. Condition Number 1 and Number 2 of the February 23, 1999, Conditional Use Permit are deleted and replaced with the following: a. The proposed temporary structure planned for the site must be developed in substantial conformance with the marked -up survey entitled "Physical Survey of Part of Parcel A Resubdivision of Property of James G. Kollar & Marylou Kollar" by Ward M. Holmes and dated March 6, 2009. .Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b. The temporary structure is approved for a period of five (5) years from the date of this Conditional Use Permit approval. 3. The following condition is added to the Conditional Use Permit granted by City Council on February 23, 1999. a. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division, A Certificate of Occupancy shall be obtained before occupancy of the structure This Ordinance shall be effective in accordance with Section 107 ()q of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of August, Two Thousand Nine �i El Ed NUC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HAMPTON ROADS CHURCH OF CHRIST, Modification of Conditional Use Permit, 2520 Holland Road (GPIN 1494874511). PRINCESS ANNE DISTRICT. MEETING DATE: August 9, 2011 ■ Background: The Conditional Use Permit allowing a church expansion was granted on February 23, 1999 by City Council. This Use permit was then modified by City Council on August 25, 2009 to allow one modular structure, as depicted on the approved plan at that time. The applicant is requesting permission to allow a second temporary/portable structure on-site. One additional 1,584 square foot portable unit of similar size, color, and configuration as the current portable will be placed behind the existing temporary structure. In accordance with the 2009 Use Permit, all modular units will be removed from the site five years from the date of the 2009 Use Permit approval. The site consists of a one story church located on the southern portion of the parcel and 56 marked parking spaces located on the east and south sides of building. Staff has noted during a site visit that there is an unimproved and unmarked parking area located west of the existing portable structure and behind the church that provides additional parking. The following are the 2009 City Council approved conditions governing this site: 1. The proposed temporary structure planned for the site must be developed in substantial conformance with the marked -up survey entitled "Physical Survey of Part of Parcel A Resubdivision of Property of James G. Kollar & Marylou Kollar" by Ward M. Holmes and dated March 6, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The temporary structure is approved for a period of five years from the date of this Conditional Use Permit. 3. Ultimately, the site must be developed in substantial conformance with the original plans approved by City Council on November 10, 1997 entitled "Conditional Use Permit Exhibit for Christ Episcopal Church," dated May 20, 1997, and the renderings entitled "Christ Church," dated April 23, 1997. 4. The landscape buffer depicted on the plan must be developed as a 10 -foot (10') wide planting bed extending eighty feet (80') in length along the front portion of the proposed temporary structure. A double row of wax myrtle Hampton Roads Church of Christ Page 2of3 5'-6' in height, at planting, must be installed in the landscaped area prior to final plan approval. The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure. ■ Considerations: Staff finds that allowing an additional portable unit behind the existing portable will not have a significant impact on the surrounding community. The proposed portable is not visible from the public right-of-way and the existing hedge -row of trees along the side and rear property lines provides screening for the proposed use. The portables are acceptable interim structures until an expanded worship and education center can be built. Staff has added new conditions to ensure the compatibility of the proposed use and all existing uses on the site. While there is a natural vegetative buffer between the building site and the adjacent single-family neighborhood, enhancement of this buffer with screening, as identified in Conditions 7 through 9, is recommended to better achieve the neighborhood preservation and open space planning principles of the Suburban Area. Condition 6 is also a new condition added by staff to ensure that the recently identified unpaved parking area is brought up to City Code or restored to lawn with seed or sod. Staff finds that with the modified conditions, the proposed addition should not negatively affect the surrounding community and recommends approval of this request with the conditions listed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the deletion of Condition 3 of the following conditions: 1. The proposed temporary structure planned for the site must be developed in substantial conformance with the revised marked -up survey by Ward M. Holmes and signed May 12, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The temporary structure is approved for a period of five years from the date the August 25, 2009 Conditional Use Permit was granted. 3. Ultimately, r- the sate meet be developed in substantial nnnfOFFnanno with the s Hampton Roads Church of Christ Page 3of3 „ GeRdofiena' Use "Gem Fmot C't:!t f , , 199 , and FeRdetiRgs eFl -"GhFiSt GhuF6�Sed ApprFil 23--1997 . 4. The landscape buffer depicted on the plan must be developed as a 10 -foot (10') wide planting bed extending eighty feet (80') in length along the front portion of the proposed temporary structure. A double row of wax myrtle 5'- 6' in height, at planting, must be installed in the landscaped area prior to final plan approval. The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure. 6. The rear parking lot shall be improved with paving, striping, and landscaping in accordance with City codes or be removed and restored back to a grassy area as depicted within the submitted survey. A plan to either restore this area to grassy condition (as shown within the submitted 2009 survey) or to improve the rear parking must be submitted within 60 days after City Council approval to the Planning Department / Development Services Center. 7. Every attempt shall be taken to protect all existing trees onsite. For every damaged or removed tree, mitigation of two canopy trees shall be installed in its place. 8. All portable structures shall have skirting around the entire base of each building to screen the under -carriage of the unit. 9. Foundation planting shall be installed adjacent to all portable buildings onsite. One tree shall be provided for every 12 linear feet of portable building facade visible from the parking lot. Foundation planting beds are required to be a minimum of three feet wide and trees within the planting bed shall be a minimum of five to six feet in height at the time of planting. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval with the deletion of Condition 3. Submitting Department/Agency: Planning Department City Manager. � , PRINCESS ANNE MII l 1, Hampton Roads Church of Christ Pi RI RIO' •rdF-i y /^ AGI Rl, Q R7.5 '" t) 70 dB L n APP �'1 -70 dB L. ' cC z t i t� 1 a p AG1 • Zawbg nyr C,n PMI«. 0" Wdfffcation of Conditions 24 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: HAMPTON ROADS CHURCH OF CHRIST STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit to allow a church — approved by the City Council on February 23, 1999 and modified on August 25, 2009 ADDRESS / DESCRIPTION: 2520 Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14948745110000 PRINCESS ANNE 4.6 acres 65 to 70 dB DNL Subarea 2 SUMMARY OF REQUEST The Conditional Use Permit allowing a church expansion was granted on February 23, 1999 by City Council. This Use permit was then modified by City Council on August 25, 2009 to allow one modular structure, as depicted on the approved plan at that time. The applicant is requesting permission to allow a second temporary/portable structure on-site. One additional 1,584 square foot portable unit of similar size, color, and configuration as the current portable will be placed behind the existing temporary structure. In accordance with the 2009 Use Permit, all modular units will be removed from the site five years from the date of the 2009 Use Permit approval. The applicant indicates that the second portable structure is needed because the church continues to grow. While the church has engaged an architectural firm to design an expanded worship and education center, it is estimated that the design, permitting, and construction of this facility will take roughly two HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 1 years. Currently, worship and educational facilities (including the existing portable structure) are insufficient to meet the demands of the church. Therefore the applicant is requesting this modification to the Use Permit. The site consists of a one story church located on the southern portion of the parcel and 56 marked parking spaces located on the east and south sides of building. Staff has noted during a site visit that there is an unimproved and unmarked parking area located west of the existing portable structure and behind the church that provides additional parking. Photos of this parking area are provided within this report. The following are the 2009 City Council approved conditions governing this site: 1. The proposed temporary structure planned for the site must be developed in substantial conformance with the marked -up survey entitled "Physical Survey of Part of Parcel A Resubdivision of Property of James G. Kollar & Marylou Kollar" by Ward M. Holmes and dated March 6, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The temporary structure is approved for a period of five years from the date of this Conditional Use Permit. 3. Ultimately, the site must be developed in substantial conformance with the original plans approved by City Council on November 10, 1997 entitled "Conditional Use Permit Exhibit for Christ Episcopal Church," dated May 20, 1997, and the renderings entitled "Christ Church," dated April 23, 1997. 4. The landscape buffer depicted on the plan must be developed as a 10 -foot (10') wide planting bed extending eighty feet (80') in length along the front portion of the proposed temporary structure. A double row of wax myrtle 5'-6' in height, at planting, must be installed in the landscaped area prior to final plan approval. The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure. APPLICATION HISTORY: Planning Commission deferred this request on June 8, 2011 based on the applicant's request to defer the item. The applicant has indicated that he would now like to proceed with the request. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Church and associated parking a portable unit SURROUNDING LAND North: . Single-family dwellings / R-10 Residential District USE AND ZONING: • Vacant land / AG -1 Agricultural District South: . Holland Road • Across Holland Road are single-family homes / R-10 Residential District HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 2 • Across Holland Road are single-family homes / AG -2 Agricultural District East: a Vacant land and single-family dwellings / AG -1 Agricultural District West: . Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND The northeastern portion of the subject site is heavily wooded and is CULTURAL FEATURES: bordered on the north by West Neck Creek. There are no known significant cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Suburban Area. The Comprehensive Plan contains policies to guide and protect the future physical character of the Suburban Area. The overriding objective of these policies it to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi -family units; low -intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems designed for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non- residential areas that make up part of the Suburban Area. (p. 3-2) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a two-lane minor suburban arterial, with this segment listed in the Master Transportation Plan Major Street Network Ultimate Rights -of -Way as a four -lane minor arterial in a 110 -foot right-of-way. The site is along CIP Project # 2-158 to widen Holland Road; this VDOT-managed project has undergone partial design and right-oi- way acquisition. The project has received funding from the Governor's Transportation Plan and is in the City Manager's FY 2011-2012 Proposed Capital Improvement Program with a construction start date of July 2013. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 12,400 ADT 15,000 ADT (Level of Existing Land Use — 46 Service "D") ADT, Proposed Land Use 3— 62 Weekday ADT, 246 Sunday ADT Average Daily Trips defined by a 5,100 square foot church Sas 3 as defined by a 6,700 square foot church HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 3 WATER & SEWER: This site currently connects to City water and City sanitary sewer. EVALUATION AND RECOMMENDATION Staff finds that allowing an additional portable unit behind the existing portable will not have a significant impact on the surrounding community. The proposed portable is not visible from the public right-of-way and the existing hedge -row of trees along the side and rear property lines provides screening for the proposed use. Although the continued use of portable structures are not consistent with the Comprehensive Plan's goals for new development in the Suburban Area, with regard to quality and attractiveness of the buildings. The portables are acceptable interim structures until an expanded worship and education center can be built. Staff recommends that the portables be removed from the site no later than August 25, 2014 as the expanded worship and education center should be established by that date. Staff has added a few new conditions to ensure the compatibility of the proposed use and all existing uses on the site. While there is a natural vegetative buffer between the building site and the adjacent single-family neighborhood, enhancement of this buffer with screening, as identified in Conditions 7 through 9, is recommended to better achieve the neighborhood preservation and open space planning principles of the Suburban Area. Condition 6 is also a new condition added by staff to ensure that the recently identified unpaved parking area is brought up to City Code or restored to lawn with seed or sod. Staff finds that with the modified conditions, the proposed addition should not negatively affect the surrounding community and recommends approval of this request as conditioned below. CONDITIONS The following conditions are recommended for approval with this request. All conditions with the exception of Condition 1 attached to the modified Conditional Use Permit granted by City Council on August 25, 2009 shall remain in effect. 1. The proposed temporary structure planned for the site must be developed in substantial conformance with the revised marked -up survey by Ward M. Holmes and signed May 12, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The temporary structure is approved for a period of five years from the date the August 25, 2009 Conditional Use Permit was granted. 3. Ultimately, the 6ite must be developed iR GUbstanti.a.l GG4RfG_.rFAaRGe with the eFiginal plaR6 approved by . 4. The landscape buffer depicted on the plan must be developed as a 10 -foot (10') wide planting bed extending eighty feet (80') in length along the front portion of the proposed temporary structure. A double row of wax myrtle 5'-6' in height, at planting, must be installed in the landscaped area prior to HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 4 final plan approval. The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure. 6. The rear parking lot shall be improved with paving, striping, and landscaping in accordance with City codes or be removed and restored back to a grassy area as depicted within the submitted survey. A plan to either restore this area to grassy condition (as shown within the submitted 2009 survey) or to improve the rear parking must be submitted within 60 days after City Council approval to the Planning Department / Development Service Center. 7. Every attempt shall be taken to protect all existing trees onsite. For every damaged or removed tree, mitigation of two canopy trees shall be installed in its place. 8. All portable structures shall have skirting around the entire base of each building to screen the under- carriage of the unit. 9. Foundation planting shall be installed adjacent to all portable buildings onsite. One tree shall be provided for every 12 linear feet of portable building fagade visible from the parking lot. Foundation planting beds are required to be a minimum of three feet wide and trees within the planting bed shall be a minimum of five to six feet in height at the time of planting. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 5 NIF AL 0T CORPORA RON lA5 DELIZA7Fo By Md_F FNNRON,ENTA w DELINEATED CRM D >2 �i � AT10N rap D, 1 PART OF PARCEL A 4.53 ACREq PART SHED �i 22' OU _ r q�( P1PE TOP OF �$ANK 0 5.2' IN T1 \`/ Fp N I \ �1 0 s• Naoo EDGE a< I 1 FENCE WATER l { A3PK4LT f I I A/ i .1-11101 1111111 eaP a aEeac IP( PIPE E S 3T59.18" E 243.66• L-200.29 R'2053.5 %, Nr PP ^T Orn �t�L•.�RIQ�•�LE R/WJ .�._ ao a �tldt�i 7 ----- �� - % • ._ rWARDLI. HOLMES HiC SCALE 4� — +m PARD M. HOLMES �j LAND SURVEYOR, P.C. 9226 GRAM STREET PROPOSED SITE PLAN c HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 7 No SUBD/ NS/ON OF Dom PHASE 7 I DELINEATED CRM D >2 �i � AT10N rap D, 1 PART OF PARCEL A 4.53 ACREq PART SHED �i 22' OU _ r q�( P1PE TOP OF �$ANK 0 5.2' IN T1 \`/ Fp N I \ �1 0 s• Naoo EDGE a< I 1 FENCE WATER l { A3PK4LT f I I A/ i .1-11101 1111111 eaP a aEeac IP( PIPE E S 3T59.18" E 243.66• L-200.29 R'2053.5 %, Nr PP ^T Orn �t�L•.�RIQ�•�LE R/WJ .�._ ao a �tldt�i 7 ----- �� - % • ._ rWARDLI. HOLMES HiC SCALE 4� — +m PARD M. HOLMES �j LAND SURVEYOR, P.C. 9226 GRAM STREET PROPOSED SITE PLAN c HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 7 PROPOSED PORTABLE PHOTOGRAPH HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 8 Picture 1: Front Elevation of Portable Picture 3: Rear Elevation of Portable Picture 2: Side Elevation of Portable ADDITIONAL PARKING I IN REAR Picture 4: Existing Sign Identifying Additional Parking in Rear PHOTOGRAPH OF EXISTING 4-, PORTABLE UNIT AND SITE c�; HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 9 ; PRINCESS ANNE A ,T_ __ T 1 1 7T 'Zoning with Condirions.Protters.Open Modification of Conditions Space Promotion or PDH -2 Overlays # DATE REQUEST ACTION 1 08/25/2009 Modification of Conditions Approved 02/23/1999 Use Permit (church expansion) Approved 11/18/1997 Use Permit (church) Approved 07/11/1995 Use Permit church Approved 2 11/23/1993 Use Permit (animal hospital) Approved ZONING HISTORY HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 10 met O DISCLOSURE STATEMENT APPLICANT DISCLOSURE -4 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) f'ctcA'?LhN i.A\, 2. List all businesses that have a parent -subsidiary/ or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 1 ❑ 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) ry 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list ff necessary) N ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes —No /—. ` If yes, what is the name of the official or employee and the nature of their interesf? Modification of Conditions Applkation Page 10 of 11 Revised 7/3107 DISCLOSURE STATEMENT HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 `Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Signature Print Name Property Owners Signature (if different than applicant) Print Name moolacaoon of uonatUOns Application Page 11 of 11 Revised 7/3/2007 HAMPTON ROADS CHURCH OF CHRIST Agenda Item 24 Page 12 Item #24 Hampton Roads Church of Christ Modification of a Conditional Use Permit 2520 Holland Road District 7 Princess Anne July 13, 2011 CONSENT An application of Hampton Roads Church of Christ for a Modification of a Conditional Use Permit to allow a church approved by City Council on February 23, 1999 and modified on August 25, 2009 on property located at 2520 Holland Road, District 7, Princess Anne. GPIN: 1494-87-4511-0000. CONDITIONS The following conditions are recommended for approval with this request. All conditions with the exception of Condition 1 attached to the modified Conditional Use Permit granted by City Council on August 25, 2009 shall remain in effect. 1. The proposed temporary structure planned for the site must be developed insubstantial conformance with the revised marked -up survey by Ward M. Holmes and signed May 12, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The temporary structure is approved for a period of five years from the date of August 25, 2009 Conditional Use Permit was granted. 4. The landscape buffer depicted on the plan must be developed as a 10 -foot (10') wide planting bed extending eighty feet (80') in length along the front portion of the proposed temporary structure. A double row of wax myrtle 5'-6' in height, at planting, must be installed in the landscaped area prior to final plan approval. The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure. 6. The rear parking lot shall be improved with paving, striping, and landscaping in accordance with City codes or be removed and restored back to a grassy area as depicted within the submitted survey. A plan to either restore this area to grassy condition (as shown within the submitted 2009 survey) or to improve the rear parking must be submitted within 60 days after City Council approval to the Planning Department / Development Service Center. 7. Every attempt shall be taken to protect all existing trees onsite. For every damaged or removed tree, mitigation of two canopy trees shall be installed in its place. ..M 4. The landscape buffer depicted on the plan must be developed as a 10 -foot (10') wide planting bed extending eighty feet (80') in length along the front portion of the proposed temporary structure. A double row of wax myrtle 5'-6' in height, at planting, must be installed in the landscaped area prior to final plan approval. The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure. 6. The rear parking lot shall be improved with paving, striping, and landscaping in accordance with City codes or be removed and restored back to a grassy area as depicted within the submitted survey. A plan to either restore this area to grassy condition (as shown within the submitted 2009 survey) or to improve the rear parking must be submitted within 60 days after City Council approval to the Planning Department / Development Service Center. 7. Every attempt shall be taken to protect all existing trees onsite. For every damaged or removed tree, mitigation of two canopy trees shall be installed in its place. Item #24 Hampton Roads Church of Christ Page 2 8. All portable structures shall have skirting around the entire base of each building to screen the under- carriage of the unit. 9. Foundation planting shall be installed adjacent to all portable buildings onsite. One tree shall be provided for every 12 linear feet of portable building facade visible from the parking lot. Foundation planting beds are required to be a minimum of three feet wide and trees within the planting bed shall be a minimum of five to six feet in height at the time of planting. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 24 for consent. The applicant William Throne appeared the Commission. There was no opposition present. -53 - Item V -M.4. PLANNING ITEM # 51541 (Continued) ORDINANCE UPON APPLICATION OF RIGANTO, L L C, FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL AND AMUSEMENT FACILITIES OF AN OUTDOOR NATURE (HORSE STABLES AND RIDING RINGS)ON CER TAINPROPER TYR080331116 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Riganto, L L C, for a Conditional Use Permit for recreational and amusement facilities of an outdoor nature (horse stables and riding rings)on certain property beginning at a point 1900 feet more or less south of the intersection of Sandbridge Road and Entrada Drive (GPIN #2413-59-9454) Said parcel contains 90 9 acres more or less DISTRICT 7 -PRINCESS ANNE The following conditions shall be required I A fifty (50) foot wide vegetative buffer shall be installed along the shoreline of the stormwater management facility adjacent to the Equi -Kids facility 2 The facility shall be for the exclusive use of the non-profit organization known as Equi -Kids There shall be no horse shows staged by other organizations There shall be no horse shows staged for the purpose of attracting the public or promoting competition between horses or equestrian groups beyond that for the clients served by Equi -Kids 3 Any lighting for the facility shall be directed in toward the site and shall not exceed a height of 14 feet These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of August, Two Thousand Three Voting 11-0 Council Members Voting Aye Harry E Diezel, Margaret L Eure, Vice Mayor Louis R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent None August 12, 2003 �, N a p � �. G -� M �'�.l �, ~ K � `- H %.: b ^.J � ti ti y :J h �� v <p Z rn N Z Z m 7 l� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EQUI-KIDS THERAPEUTIC RIDING PROGRAM, Modification of Conditional Use Permit, 2626 Heritage Park Drive (GPIN 2413793139). PRINCESS ANNE DISTRICT. MEETING DATE: August 9, 2011 ■ Background: The applicant is requesting a modification of the existing Conditional Use Permit to construct a single-family dwelling as an accessory use to the existing recreational and amusement facility — horse stables and riding rings. The Conditional Use permit must be modified to permit the requested use. The eastern 92 acres of the Heritage Park subdivision is devoted to the Equi - Kids center. The main portion of the center is located adjacent to Sandbridge Road. The entrance to the Equi -Kids center is from the main roadway entering the residential neighborhood, Heritage Park Drive. A submitted plan depicts the parking area, barn, and paddocks, as well as the proposed location for the caretaker's home. The proposed dwelling will be 18 feet by 40 feet and contain approximately 720 square feet. The building is a 'modern rural' style, with a cupola, steeply pitched gable roof, and a covered entryway. The Conditional Use Permit permitting a recreational and amusement facility of an outdoor nature (horse stables and riding rings) was approved by the City Council on August 12, 2003. The Conditional Use Permit has three conditions: 1. A 50 foot wide vegetative buffer shall be installed along the shoreline of the stormwater management facility adjacent to the Equi -Kids facility. 2. The facility shall be for the exclusive use of the non-profit organization known as Equi -Kids. There shall be no horse shows staged by other organizations. There shall be no horse shows staged for the purpose of attracting the public or promoting competition between horses or equestrian groups beyond that for the clients served by Equi -Kids. 3. Any lighting for the facility shall be directed in toward the site and shall not exceed a height of 14 feet. ■ Considerations: This request is reasonable and is an accessory use one would expect to find at horse stables. The animals and grounds require constant care and maintenance Equi -Kids Therapeutic Riding Program Page 2 of 2 the request subject to the existing Conditional Use Permit conditions and the new Condition 4 listed. There were two individuals in opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 12, 2003 remain in effect. 2. Condition Number 4 is added to the Conditional Use Permit — "The proposed caretaker dwelling shall be constructed substantially in conformance with the submitted site plan and elevation which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Building materials shall include cement board siding and architectural grade roofing shingles. The windows and doors shall be vinyl clad." ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S 12, , W-5-, PRINCESS ANNE nl:,p L -13,1J Ais Pof -S:,1 Equi -Kids Therapeutic Riding Program ELECTION DISTRICT: SITE SIZE: AC R20 4 24137931390000 PRINCESS ANNE 92.45 acres R10 1 t;'4 5' G2 P1•. '`tea ti ` � A 1 � 1�a �`�- P7' . i'> R30•. � ' R30' .. zoiw.p r.n co.rna..v.wu�. oP.. sP... P.enw�sn w roves o-n.�. Modification of Conditions LTJ July 13, 2011 Public Hearing APPLICANT AND PROPERTY OWNER: EQUI-KIDS THERAPEUTIC RIDING PROGRAM STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit for recreational and amusement facility of an outdoor nature (horse stables and riding rings) — approved by the City Council on August 12, 2003 ADDRESS / DESCRIPTION: 2626 Heritage Park Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24137931390000 PRINCESS ANNE 92.45 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting a modification of the existing Conditional Use Permit to construct a single- family dwelling as an accessory use to the existing recreational and amusement facility — horse stables and riding rings. The Conditional Use permit must be modified to permit the requested use. The eastern 92 acres of the Heritage Park subdivision is devoted to the Equi -Kids center. The main portion of the center is located adjacent to Sandbridge Road. The entrance to the Equi -Kids center is from the main roadway entering the residential neighborhood, Heritage Park Drive. The submitted plan depicts the parking area, barn, and paddocks, as well as the proposed location for the caretaker's home. The proposed dwelling will be 18 feet by 40 feet and contain approximately 720 square feet. The building is a `modern rural' style, with a cupola, steeply pitched gable roof, and a covered entryway. The Conditional Use Permit permitting a recreational and amusement facility of an outdoor nature (horse stables and riding rings) was approved by the City Council on August 12, 2003. The Conditional Use Permit has three conditions: 1. A 50 foot wide vegetative buffer shall be installed along the shoreline of the stormwater management facility adjacent to the Equi -Kids facility. EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 1 2. The facility shall be for the exclusive use of the non-profit organization known as Equi -Kids. There shall be no horse shows staged by other organizations. There shall be no horse shows staged for the purpose of attracting the public or promoting competition between horses or equestrian groups beyond that for the clients served by Equi -Kids. 3. Any lighting for the facility shall be directed in toward the site and shall not exceed a height of 14 feet. The site was also rezoned from AG -1 and AG -2 Agricultural Districts to Conditional R-20 Residential District and granted a Conditional Use Permit for Open Space Promotion. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Equi -Kids Horse theraputic riding facility, riding trails, and woods SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Sandbridge Road • Single-family dwellings / AG -2 Agricultural • Single-family dwellings / AG -1 & AG -2 Agricultural • Single-family dwellings / Conditional R-20 Residential The site is mostly wooded except for the area containing the barn, parking, and paddock areas. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being within the Transition Area. The boundaries of the Transition Area now include North Landing, Princess Anne and Sandbridge Roads to the north; New Bridge Road to the east; and Indian River Road to the south. The Transition Area located south of the Green Line and north of the rural area, is characterized by many high quality residential neighborhoods that include significant open space areas. CITY SERVICES City services are not affected by the request. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. The request is reasonable and is an accessory use one would expect to find at horse stables. The animals and grounds require constant care and maintenance in order to maintain a first class facility. Therefore staff recommends approval of the request subject to the existing Conditional Use Permit conditions and the new Condition 4 listed below. EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 2 CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 12, 2003 remain in effect. 2. Condition Number 4 is added to the Conditional Use Permit — "The proposed caretaker dwelling shall be constructed substantially in conformance with the submitted site plan and elevation which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Building materials shall include cement board siding and architectural grade roofing shingles. The windows and doors shall be vinyl clad." NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 3 01, I! it eepp I � I t, I � 1! alai! N i' II � Ilii II',► i � 1 1 �iil ail � I PROPOSED SITE PLAN EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 5 TIN -71 x I PROPOSED SITE PLAN EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 6 �1�`j,l Y 1 TIN -71 x I PROPOSED SITE PLAN EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 6 ti LDING ELEVATION EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 7 lh di BUI ti LDING ELEVATION EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 7 ZONING HISTORY # DATE .�7I ACTION 1 09/01/07 Conditional Use Permit (Communication Tower) Deferred 08/12/03 Rezoning (AG -1 and AG -2 Agricultural to ,�' 11 � ; �� v . •.� � � �..• C�� ►�*,rami �� `�. Qj jAr Preservation) and Conditional Use Permits (Open Space Promotion and Recreational Facility of an •' ' ,� � all � ��b s �`��+�' Iii+ •. � ( � =\ 2 05/10/05 Rezoning (AG -1 and AG -2 Agricultural to Approved Conditional R-20 Residential and P-1 43 Preservation with a PD -H2 Planned Unit opo � M Development) Approved Street Closure, Subdivision Variance and Rezoning (AG -1 and AG -2 Agricultural to 12/10/91 Conditional PD -1-12 Planned Unit Development (R- Approved 08/27/86 20 and P-1) Approved Conditional Use Permit (Borrow Pit) 02/12/73 Rezoning (R-3 Residential to AG -1 and AG -2 Approved ZONING HISTORY # DATE REQUEST ACTION 1 09/01/07 Conditional Use Permit (Communication Tower) Deferred 08/12/03 Rezoning (AG -1 and AG -2 Agricultural to Approved Conditional R-20 Residential and Conditional P-1 Preservation) and Conditional Use Permits (Open Space Promotion and Recreational Facility of an Outdoor Nature 2 05/10/05 Rezoning (AG -1 and AG -2 Agricultural to Approved Conditional R-20 Residential and P-1 Preservation with a PD -H2 Planned Unit 02/24/04 Development) Approved Street Closure, Subdivision Variance and Rezoning (AG -1 and AG -2 Agricultural to 12/10/91 Conditional PD -1-12 Planned Unit Development (R- Approved 08/27/86 20 and P-1) Approved Conditional Use Permit (Borrow Pit) 02/12/73 Rezoning (R-3 Residential to AG -1 and AG -2 Approved Agricultural) EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 8 EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 9 Conditional Use Permit Rifle and Pistol Range) 3 11/27/07 Rezoning (AG -1 & AG -2 Agricultural to Approved Conditional R-15 Residential 4 11/03/08 Conditional Use Permit Retail Sales Withdrawn 5 11/12/96 Rezoning (B-2 Business to R-15 Residential) Approved 09/25/90 Conditional Use Permit (Athletic Club and Outdoor Approved Recreation) 10/10/88 Conditional Use Permit Outdoor Recreation Approved 6 06/25/95 Conditional Use Permit (gasoline station) Approved 09/12/95 Rezoning B-2 Business to R-15 Residential Approved EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 9 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) EQUI-KIDS Therapeutic Riding Program is a 501(c)(3) corporation and the members of it's Board of Directors is attached 2. List all businesses that have a parent -subsidiary' or affiliated business entw relationship with the applicant: (Attach list if necessary) ❑ Check here if the 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. ollowing:1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. DISCLOSURE STATEMENT EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 10 E�KiDS BOARD OF DIRECTORS EXECUTIVE BOARD — 2010/2011 O'RRIAN, DONALD J. PRESIDENT 2164 Fast Admiral Drive Retired - Norfolk Southern Corpo ation Virginia Beach, Virginia 23451 41Jo(JWu ysSZ.OcI (757)181-1085 (11) (757)672.8073(cell) LOCKARD, JOHN R. VICE PRESIDENT 101 West Main Strect, Suitc 500 Attorney, Vandcvcnter Black I LP Norfolk, Virginia 23510.1699 ikA$r*lvftnhilA cont (757)146-8622 (W) (757)4464670 (Fix) (757) 477-4716 (cell) NIACUKAS, MARY E. SECRETARY UBS Financial Services Financial Advisor, One Commercial Plaec, 1501 Fluor com Norfolk, Virginia 23510 (757)624.2563 (757) 627-6846 (far) MELLON. JACK TREASURER 709 Bobolink Drive President, The Providence Group Virginia Beach, Virginia 23451 IP.tSllting111eJttvY.hlSlltgtpts21D (757)191.1866(11) (800}177.8408 (W) IIAAC, JILL A. EXECUTIVE DIRECTOR 901 Salisbury Green EQUI-KIDS Therapeutic Riding Program Virginia Beach, Virginia 23452 Jill Hazy! eAuikids.or& (757)962-5408(11) (757) 582-1011 (cell) (757) 721-7350 (W) ................................................................... BOARD OF DIRECTORS ARNHOLD, JAMES M. Chairman, }tome Associates of Virginia. Inc. 3780 Shore Drive nma6rrraol corn Virginia Beach, Virginia 23455 (757)431-1481 (757)48" l0(XW) ( 757)621-8868(ccll ) RASIIAM, HELENE Controller - McKenzie Construction Co. 2301 WoodlandCoun hbasham'umckcnzic-c.l;!trll4tifrrl_i�411 Virginia Beach, VA 23456 (757)288-3227 (cell) DISCLOSURE STATEMENT EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 11 LINGUA, MOLLY Physical Therapist, Sentara Hospital Systems 4204 Thoroughgood Drive ❑tollivlitteua'ivahoo.com Va Beach 23455 (757) 404-1112 (cell) (757) 464-3504 (14) NAPOLITANO, DARNEV dinfarm ci aol wi 1801 Addington Road Virginia Beach, Virginia 23454 (757)481-1588(11) (757) 6354989 (cell) RAVNOR. JIM Ownvr,V'(X) Architectural Uraphics, [tic. 1832 Buttermilk Ct )r yrs. r'zr yxisien com Virginia Bach, Virginia 2.3456 (757) 301-9511 (11) (757) 427-1900 (W) REEVE, JIM Owner, Baja Restaurant 1476 Lotus Drive Jimm-yrc"C' cox nct Virginia Beach, Virginia 23456 (757) 589-1069 (cell) SHULER, KIM Senior Vice President. Sun] rust Bank 2.105 McNel)y Lane (pini Sbulyrif sulks, eo n Virginia Beach, Virginia 23456 (757)563-8176(11) (757)624-5518(W) (757) 472-5180 (cc 11) (757) 624-5457 (fax) SANGENARIO, DR. JOHN (NmerNeterinarian, Minima Equine Clinic 2451 Lake Cahoon Road Dorn nionLAquic.l a iiglI gqm Suffolk, VA 23434 (757) 925.1234 (N') S-LYRON, AMBER first Vice President, Monarch Bank 1909 Long Ridge Dr. #6'Wutl,yytnonarchlwnk tii+nt Chesapeake 23322 (757) 477-1263 (cell) (757)955-8601 (W) SIITPHI%, JERR► President. Integrity Telecom. Inc 1348 Marshall Lane )(s l44?i 9e1 Virginia Beach, Virginia 23455 (757)363-1004(H) (757)498-3211 (W) Partner. Dominion Capital Partners THOR\DIKE., ROBERT tthorndikc;g;dcPyvcalth,curn ( 757) 6354946 (cell) (757) 356-1922 (LI) (757) 96140(X,7 (W) %N'ARDEN, SANDRA 4332 Alfriends I -rail SW�cram Virginia Beach. Virginia 23455 (757)199.4020(14) (757)7194020 (cell) ('{Xlaled 2-23- 1/ J 1 DISCLOSURE STATEMENT EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) MSA, P.C. HAV, Inc. R. Edward Bourdon, Jr., Esquire ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. EQUI-KlQS ThercVeidinq"ram BCt 14i� Jill A. Haag, Executiv Director App ciant's Signature Print Name Property Owners Signature (if different than applicant) Print Name Modificotion d Conditions Application Pape 11 Of 11 Revised 9/1/2004 DISCLOSURE STATEMENT EQUI-KIDS THERAPUTIC RIDING PROGRAM Agenda Item 8 Page 13 Item #8 Equi -Kids Therapeutic Riding Program Modification of Conditions 2626 Heritage Park Drive District7 Princess Anne July 13, 2011 REGULAR An application of Equi -Kids Therapeutic Riding Program for a Modification of a Conditional Use Permit for recreational and amusement facility of an outdoor nature (horse stables and riding rings) approved by City Council on August 12, 2003 on property located at 2626 Heritage Park Drive, District 7,Princess Anne. GPIN: 24137931390000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 12, 2003 remain in effect. 2. Condition Number 4 is added to the Conditional Use Permit — "The proposed caretaker dwelling shall be constructed substantially in conformance with the submitted site plan and elevation which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Building materials shall include cement board siding and architectural grade roofing shingles. The windows and doors shall be vinyl clad." NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE ABS 0 ABSENT 0 Item #8 Equi -Kids Therapeutic Riding Program Page 2 STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 8. Eddie Bourdon appeared before the Commission on behalf of the applicant. Donald Avellino and Donald McCall appeared in opposition. W D INDEPENDENCE BLVD Ldl C 0 o MARKET S RAL PARKA TOWN CENTER DR ou w D Ely NUC f° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH, Conditional Use Permit, Religious Use, 201 Market Street (GPIN 1477447718). LYNNHAVEN DISTRICT. MEETING DATE: August 9, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow a religious use within the Sandler Center for the Performing Arts. The Gathering United Methodist Church currently holds services within the 2,200 square foot Miller Studio Theatre. This hall can accommodate up to 125 seated guests. The congregation does not seek to alter the facility in any way. Currently, the church has no plans to build their own facility. The church has been holding weekly worship services on Sundays from 8:30 a.m. until 12:30 p.m. and on church holidays since late August 2010 with no known complaints. The average attendance has been 100 members. There is no parking on the site. Parking is accommodated offsite in Town Center parking lots or parking garages. ■ Considerations: The proposed religious use located in Sandler Center for the Performing Arts is consistent with the land use policies of the Comprehensive Plan for SGA 4. The church has been operating for almost one year in this facility with near -by public parking garages and on -street parking at generally off-peak commercial hours with no complaints. Therefore, it is likely that minimal impacts from this use can be expected. Staff recommends approval of this request with the conditions listed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. There should be no more than the number of individuals approved by the Building Official's office and Fire Marshal, whichever is less, attending any The Congregation of the Gathering United Methodist Church Page 2of2 one given service. 2. Services shall operate from 8:30 a.m. until 12:30 p.m. on Sundays. 3. Special services for religious holidays shall be arranged with the general manager for the Sandler Center for the Performing Arts. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S , LYNNMAVEN Bial, E-7 B3 The Congregation of the United Methodist Church W O MMA MACH BLVD 83A* BW F A* B3A* B3A* Z.nlrrg erM CeMNws.vlafM.. Wen CUP - for Religious Use REQUEST: Conditional Use Permit (Religious Use) ADDRESS / DESCRIPTION: 201 Market Street 11 July 13, 2011 Public Hearing APPLICANT: THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14774477180000 LYNNHAVEN 67,794 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious use within the Sandler Center for the Performing Arts. The Gathering United Methodist Church currently holds services within the 2,200 square foot Miller Studio Theatre. This hall can accommodate up to 125 seated guests. The congregation does not seek to alter the facility in any way. Currently, the church has no plans to build their own facility. The church has been holding weekly worship services on Sundays from 8:30 a.m. until 12:30 p.m. and on church holidays since late August 2010 with no known complaints. The average attendance has been 100 members. There is no parking on the site. Parking is accommodated offsite in Town Center parking lots or parking garages. THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH Agenda Item 11 Page 1 The Gathering United Methodist Church staff consists of one full-time pastor and six part-time paid personnel (Director of Music Ministry, Director of Children's Ministry, Treasurer, Administrative Assistant and 2 Nursery workers). The Gathering United Methodist Church is an active partner in activities at Towne Center such as provided hot chocolate and live acoustic music at the December "Light Up the Town Center" event and hosted the first Easter Egg Hunt with free activities. In addition as part of the church outreach, the congregation has become Partners in Education with the Virginia Beach Public Schools. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Developed site SURROUNDING LAND North: • Bank Street USE AND ZONING: • Retail shops & an office building / B-3 Central Business District South: • Commerce Street • / B -3A Pembroke Central Business District East: Market Street • Retail uses / B -3A Pembroke Central Business District West: • Independence Boulevard • Bank & retail uses / B-3 Central Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources located on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Urban Area - Pembroke Strategic Growth Area, subarea Central Business District/Core Area, (SGA 4). The Core Area is the most densely developed and intensely occupied area within this SGA. This district encompasses the Town Center and allows for large building footprints with zero lot lines, urban streetscapes and the highest building heights in the City. The Comprehensive Plan recommends establishing the district as the main business, cultural, and arts center of the Pembroke SGA 4. Furthermore, the district is to have a concentrated attractive, high density mixed use urban development that serves as a focal point for region -serving retail, residential, hotel and office uses (page 2-16 and 2-18.) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Market Street in the vicinity of this application is considered a two-lane undivided collector/local street. It is not included on the Master Transportation Plan. THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH Agenda Item 11 Page 2 A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation needs in the Central Business District surrounding the Town Center. The Miller Studio Theater was originally designed as a banquet room capable of seating 125 guests. As such, the proposed church use would coincide with the original intent of the room. Since the proposed church is averaging 100 people in the congregation, there should be no additional trips generated by this use WATER and SEWER:: This site connects to City water and City sewer. EVALUATION AND RECOMMENDATION The proposed religious use located in Sandler Center for the Performing Arts is consistent with the land use policies of the Comprehensive Plan for SGA 4. The church has been operating for almost one year in this existing facility with near -by public parking garages and on -street parking at generally off-peak commercial hours with no complaints. Therefore, it is likely that minimal impacts from this use can be expected. Staff recommends approval of this request with the conditions below. CONDITIONS 1. There should be no more than the number of individuals approved by the building and Fire Marshal, whichever is less, attending anyone given service. 2. Services shall operate from 8:30 a.m. until 12:30 p.m. on Sundays. 3. Special services for religious holidays shall be arranged with the general manager for the Sandler Center for the Performing Arts. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH Agenda Item 11 Page 3 AERIAL OF SITE LOCATION THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH Agenda Item 11 Page 4 •'aa U!1:311 t9.L 757 212 2022 CRSS ARC_HITEXTS- P.C. lz 003 'w)3 J.1 r � 61 � r � i i i Q g � , � � wV' ■� N s n10, a�Ci4 Q a � � a s � z a O 0 F u ,moi o ao►w¢�'�A*JC xor &od,reozY42r~ . dltWa „s—r S-, , FLOOR PLAN THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH Agenda Item 11'+ Page 5 F 'QAIS 3JN3aN3d3QNl D U) W ui V) SITE LAYOUT THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH Agenda Item 11 Page 6 LYNNHAVEN The Congregation of the �I� AlanoEo'CaiP Gatherint United Methodist Church a VIRGINIA BEACH BLVD FF B3A* B3A* BANK ST a 63A B * 4 w z r MAIN ST v W Q t 63A l W c Z _ MAIERCE ST --- B3A* B3A B32 B3A* VNEUSST cocuMeus sr Zoning with Conditiorrs.Proffers. Open CUP -for Religious Use Space Promotion or PDH-2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 05/10/2005 Change of Zoning (B-2 to B -3A) Approved 2 09/24/2002 Conditional Use Permit (Multiple family dwellin s) Approved 3 03/11/2002 Street closure Approved 4 10/10/2000 Change of Zoning B-3 to B -3A Approved 5 02/08/2000 Change of Zoning (B-3 to B -3A) Street closure Approved THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH Agenda Item 11 Page 7 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) _The Gathering United Methodist Church: Pastor, Rev. Rachel Gilmore 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) None X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2 See next page for footnotes 0 PMEN04 Ir �y Does an official or employee of the City of Virginia Beach have an interest in the 1��1 subject land? Yes iC No If yes, what is the name of the official or employee and the nature of their interest? conditwl Use Penh Application Papa 9 of 10 Revised 311108 DISCLOSURE STATEMENT THE CONGREGATION OF THE GATHERING UNITED METHODIST CHURCH Agenda Item 11 Page 8 Item #11 The Congregation of the Gathering United Methodist Church Conditional Use Permit 201 Market Street District 5 Lynnhaven July 13, 2011 CONSENT An application of The Congregation of the Gathering United Methodist Church for a Conditional Use Permit for a religious use on property located at 201 Market Street, District 5, Lynnhaven. GPIN: 1477- 44-7718-0000. CONDITIONS 1. There should be no more than the number of individuals approved by the Building Official's Office and Fire Marshal, whichever is less, attending anyone given service. 2. Services shall operate from 8:30 a.m. until 12:30 p.m. on Sundays. 3. Special services for religious holidays shall be arranged with the general manager for the Sandler Center for the Performing Arts. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 Item #11 The Congregation of the Gathering United Methodist Church Page 2 By a vote of 11-0, the Commission approve item 11 for consent. The applicant Rev. Rachel Gilmore appeared before the Commission. There was no opposition. F VNIN cp M 18ARIELLA LN z m It CORPORATE PARK LN - — tb Q Ll U n n INDEPENDENCE BLVD JM MA:WE N CENTRAL PA 5K, 1141 1 TOWN CENTER DR 26- 00 WW* Wool C WW* MEW 40 OMIL IA" N 4 i� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRIORITY AUTO GROUP, INC./CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, Conditional Use Permit, automobile sales & service, 100 S. Independence Boulevard (GPIN 1477435719; 1477437709). LYNNHAVEN DISTRICT. MEETING DATE: August 9, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for motor vehicle sales, rental, and service. The exhibit plan depicts 255 parking spaces, 31 of which are designated for customer and employee parking. Sparse landscaping exists in several areas on the site, as well as a nonconforming free- standing sign. The applicant states several renovations will be made to the building. • The loading dock on the northwest corner of the building will be made level with the existing floor of the building; and • A roll -up door will be installed on the southeast side of the building to accommodate vehicle access to the vehicle display showroom. The applicant indicates there will be 15-30 employees working at the facility. ■ Considerations: The City of Virginia Beach Development Authority recently purchased the subject property for a future transit oriented development station in conjunction with light rail transit. The planning strategies and recommendations for this area directly affect the subject property given its location next to the rail line and proposed use as a transit station. Although this request for motor vehicle sales, rental and service is not consistent with the TOD recommendations in the Comprehensive Plan, the proposal is an acceptable interim use pending implementation of the transit network plan and until construction of Transit Oriented Development can be realized by the market. Staff recommends approval of this request with the conditions listed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Priority Auto Group, Inc. Page 2 of 2 1. The site shall be developed as depicted on the submitted landscape plan of "Priority Auto Group, South Independence Boulevard, Virginia Beach, Virginia", dated 6/30/11, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 3. Any alterations to the building, i.e. the roll -up door on the southeast side of the building, shall require an elevation and description of the work as well as color pallet to be submitted to the Planning Director, or his designee, for review and approval prior to issuance of building permit. 4. The existing nonconforming sign shall be removed. A monument style freestanding sign shall be permitted on this site, no more than eight (8) feet in height. There shall be no electronic display, neon signs or neon accents installed on any wall area of the exterior of the building, windows, and / or doors, light poles, or any other portion of the site. 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. The applicant shall obtain all necessary permits, inspections, and a certificate of occupancy for the change of use before a business license is issued. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: LYNNHAVEN "'°�N E' A ,,N 7�Srete Priority- Auto Grou ) Inc. 1 g 3 _ , a _ "�' « t li B3A• b I$ < ',= B3A• B3A' ` f B3A• V �3 ; 7 �� B3A• B3 63'� BA 47.71- .1_P ;n;, CUP Motor Vehicle Sales, Service, Rental REQUEST: Conditional Use Permit (Motor Vehicle Sales, Service, Rental) ADDRESS / DESCRIPTION: 110 South Independence Blvd 7 July 13, 2011 Public Hearing APPLICANT: PRIORITY AUTO GROUP, INC. PROPERTY OWNER: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14774357190000; LYNNHAVEN 3.78 acres Less than 65 dB DNL 14774377090000 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for motor vehicle sales, rental, and service. The submitted exhibit plan depicts 255 parking spaces, 31 of which are designated for customer and employee parking. Sparse landscaping exists in several areas on the site, as well as a nonconforming free-standing sign. The applicant states several renovations will be made to the building — • The loading dock on the northwest corner of the building will be made level with the existing floor of the building; and • A roll -up door will be installed on the southeast side of the building to accommodate vehicle access to the vehicle display showroom. The applicant indicates there will be 15-30 employees working at the facility. PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant retail store and associated parking. SURROUNDING LAND North: . Norfolk & Southern Railroad USE AND ZONING: • Across the railroad is Town Center / B -3A Central Business South: . Retail strip center / B-3 Central Business East: . Garrett Street • Across Garret Street is a Virginia Dominion Power substation West: . Independence Boulevard NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Urban Area — Pembroke Strategic Growth Area/Central Business District/Bonney Area (SGA 4). This area is presently characterized by mid-size and extended -stay hotels, restaurants, vacant and occupied big box retail buildings, retail shopping centers, office buildings, and the new City View residential development. Pembroke SGA 4 is positioned to benefit from the future investment of mass transit systems such as the Light Rail Transit (LRT) from Norfolk, projected to pass through Town Center on to the Oceanfront. A key component of the Pembroke SGA Plan is strategically located Transit Oriented Development (TOD) Stations within the district, to accommodate future light rail transit or other public transit options currently under study. Four such stations are planned in this SGA, including one in the vicinity of the intersection of Independence Boulevard at the rail crossing, referred to as the "Independence TOD Center station." In addition, the subject property is adjacent to the Central Business District — Core Area, in which site and building design is should be consistent with the Central Business District Design Guidelines. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard adjacent to this request is an eight -lane divided major urban arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 foot right-of-way. Currently, this segment of roadway is functioning over -capacity at a LOS F. A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation needs in the Central Business District PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Independence 71,997 ADT 64,260 ADT Existing Land Use — 1,695 Boulevard ADT Proposed Land Use' - 1,254 ADT Average Daily Trips Zas defined by an electronics superstore 3 as defined by used automotive sales 77 AM peak hour vehicles; 100 PM peak hour vehicles WATER: The site is connected to City water. SEWER: The site shall connect to City sewer. SCHOOLS: School populations are not affected by the request. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The City of Virginia Beach Development Authority recently purchased the subject property for a future transit oriented development station in conjunction with light rail transit. In this regard, the Comprehensive Plan states "Areas immediately south of the Independence TOD Center station will benefit from its central location and access to an improved road network." The planning strategies and recommendations for this area directly affect the subject property given its location next to the rail line and proposed use as a transit station. Although this request for motor vehicle sales, rental and service is not consistent with the TOD recommendations in the Comprehensive Plan, the proposal is an acceptable interim use pending implementation of the transit network plan and until construction of Transit Oriented Development can be realized by the market. Access, circulation and parking within the urban environment should provide ease and pleasure in walking and less need to use a car. Provisions for visible crosswalks where pedestrian pathways cross an internal driveway or curb cut and joining parking areas to create an internal circulation network should be made on the site, as well as minimizing or eliminating curb cuts by sharing vehicular access with adjacent properties. Quality landscaping is essential to the built environment. The corners of significant street intersections, gateways or site entries should be enhanced by special landscape treatments such as pavers, flowering plants, signage or decorative lighting. The importance of street trees and planters should also be recognized and planned into the design. Site lighting should be designed to reduce light trespass and glare. Pole standards and fixture design should be a style and scale that is complementary to the area. Existing and proposed building and site lighting associated with use, particularly building - mounted lighting, should be assessed to ensure it does not glare onto adjacent properties. CONDITIONS The site shall be developed as depicted on the submitted landscape plan of "Priority Auto Group, PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 3 South Independence Boulevard, Virginia Beach, Virginia", dated 6/30/11, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 3. Any alterations to the building, i.e. the roll -up door on the southeast side of the building, shall require an elevation and description of the work as well as color pallet to be submitted to the Planning Director, or his designee, for review and approval prior to issuance of building permit. 4. The existing nonconforming sign shall be removed. A monument style freestanding sign shall be permitted on this site, no more than eight (8) feet in height. There shall be no electronic display, neon signs or neon accents installed on any wall area of the exterior of the building, windows, and / or doors, light poles, or any other portion of the site. 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. The applicant shall obtain all necessary permits, inspections, and a certificate of occupancy for the change of use before a business license is issued. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 4 All 7MI boa Virginia Beach Blmd it —tu— �Cojumbubu aim ILwn o M101 s OAMM DFM xx N=c ram •M r. f! Kue. no. r.bxus rof. r.u) '►rt sara•evt ss r ^ — — � a I d!M Rim I � I I I �rrorc ralroi a a �� 7 i - i 6 S INDEPENDENCE BO ULEVARD]j 4 g XC -0 MOm MI) ¢ `� �}a� Wt III /.331fYA 110. 11l1(Yd 117, P.Iy S kkkZZZ (Wp� IR4 OWE-IN-10�. �Jr to+) F SURVEY PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 6 i G 5 amlqM 7 a � F I �� - j MI (Ta r� � `3 � `I'aJ Mn < 7 an !7 G _Min nmq � I frI v i �� i 1 ( i 'ani9 3�N3QK3d�4TJl 'S PROPOSED EXHIBIT PLAN PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 7 o I' I_ Mfl5 !so nmq � I frI v i �� i 1 ( i 'ani9 3�N3QK3d�4TJl 'S PROPOSED EXHIBIT PLAN PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 7 F L 4I 8 f �y yG �O8 Y ry4 37N20M3J2CNl 'S o e PROPOSED LANDSCAPE PLAN PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 8 RENDERING (South - Side Elevation) PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 9 RENDERING (Front Elevation) PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 10 Awl, rw �l LYNNH"EN SpacewithConditionsProffers.OpenCUP Motor Vehicle Sales, Service, Rental Space Pronrorlon or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 02/08/00; Rezoning (B-3 Central Business to B -3A Pembroke Approved 10/10/00; Central Business Core) 05/10/05 Street Closures (7/22/74; 10/14/74; 12/15/75/ Approved 10/27/78; 3/19/90; 12/15/92; 1/15/03/ 12/1/08) Conditional Use Permits - Private Schools (7/11/06; Approved 12/2/08; 3/24/09) Conditional Use Permits - Multi -Family dwellings Approved (9/24/02; 6/28/05; 10/10/06; 8/25/09) 2 05/23/00 Conditional Use Permit Motor Vehicle Rental Approved PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 12 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) Priority Auto Group, Inc.: Dennis M. Ellmer, President; Stacy Cummings, Jr., Vice President, Secretary, Treasurer; Janice Ellmer, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach Development Authority 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, & ` See next page for footnotes 0 24� O A Conditional Use Permit Application Page 9 of 10 Revised 8112004 DISCLOSURE STATEMENT PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 13 O DISCLOSURE STATEMENT C�� ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to thHE ons in this package. Priorty to Gr By: �" Stacy Cummings, Jr., Vice President Applicafrt § Sf4nature / J Print Name Property Owners Signature (if different than applicant) Print Name Conditional Use PemNl Application Pepe 10 of 10 Revised 9/1/1004 DISCLOSURE STATEMENT PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 14 "7111 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Priorty Auto Group, Inc. Stacy Cummings, Jr., Vice President Print Name ri aek R. k4wivax Yt3w� than applicant) Print Name Conditional Use Permk Application Pape 10 of 10 Revised 9/1/2001 DISCLOSURE STATEMENT PRIORITY AUTO GROUP, INC. Agenda Item 7 Page 15 Item #7 Priority Auto Group, Inc. Conditional Use Permit 110 South Independence Boulevard District 5 Lynnhaven July 13, 2011 CONSENT CONDITIONS 1. The site shall be developed as depicted on the submitted landscape plan of "Priority Auto Group, South Independence Boulevard, Virginia Beach, Virginia", dated 6/30/11, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 3. Any alterations to the building, i.e. the roll -up door on the southeast side of the building, shall require an elevation and description of the work as well as color pallet to be submitted to the Planning Director, or his designee, for review and approval prior to issuance of building permit. 4. The existing nonconforming sign shall be removed. A monument style freestanding sign shall be permitted on this site, no more than eight (8) feet in height. There shall be no electronic display, neon signs or neon accents installed on any wall area of the exterior of the building, windows, and / or doors, light poles, or any other portion of the site. 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. The applicant shall obtain all necessary permits, inspections, and a certificate of occupancy for the change of use before a business license is issued. Item #7 Priority Auto Group, Inc. Page 2 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 7 on consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. There was no opposition present. X rn O �r CL 0 0 0 z In a 0 0 a� o - Nu vs� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARK SPANGLER D/B/A GARBEN, INC./PARKWAY SHOPPING CENTER ASSOCIATES, LLC, Conditional Use Permit, indoor recreational facility, 1949 Lynnhaven Parkway, Suite 1588 (GPIN 1475978568). ROSE HALL DISTRICT MEETING DATE: August 9, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow additional pool tables at this existing establishment. In business since 1983, the applicant would like to have up to 10 pool tables in the 4,800 square foot unit in order to attract national league pool play as well as satisfy the increased demand for regular customers. The Zoning Ordinance allows up to 4 pool tables as a matter of right: anymore than 4 pool tables requires a Conditional Use Permit for an indoor recreational facility. The existing business is open 7 days a week and currently employees 12 people. ■ Considerations: No modifications to the shopping center structures or site are proposed in association with this request for additional pool tables. The proposed recreational use is consistent with the Comprehensive Plan's policies for the Suburban Area. This type of use helps support the recreational needs of residents in the area and could likely provide additional economic development opportunities with national pool tournament play. It should be noted that the Police Department has indicated that the shopping center has received a high volume of calls for service in the last 12 months. While unable to attribute the restaurant and pool play to any of these calls, Staff recommends a conservative approach with a condition for a 1 year review. Ample parking is available within the center to support this use and any additional traffic generated by the expansion of the business is not expected to impact traffic patterns in the vicinity. Staff recommends approval of this request for Indoor Recreational Facility at this location with the conditions listed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Mark Spangler D/B/A Garben, Inc./Parkway Shopping Center Associates, LLC Page 2of2 1. Approval is subject to a 1 year time frame upon which a review by the Police Department and the Zoning Administrator in order to determine if the calls for service for the operation and expansion of the pool tables increase. If it is determined the Police Department and the Zoning Administrator that the operation is contributing negatively to the surrounding area, the conditional use permit shall be referred back to the Planning Commission and City Council for additional scrutiny. 2. The establishment shall close no later than 2:00 a.m. 3. No customer parking shall be permitted behind the shopping center along the western property line. 4. This Conditional Use Permit is valid for the subject unit of 4,800 square feet. 5. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: . S ROSE HALL Mark Spangler, Garben, In °1,'r d.b.a Inland Reef P B2' T fJ { •zaN"4.a cenae..rAu«•. °r"" CUP for Indoor Recreation Faclllty (pool tables) SPRe P.owti"n "r P[IM•t Owrbr. 15 July 13, 2011 APPLICANT: MARK SPANGLER, GARBEN INC. D. B.A. INLAND REEF PROPERTY OWNER: PARKWAY SHOPPING CENTER ASSOCIATES, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (indoor recreation facility — pool tables) ADDRESS / DESCRIPTION: 1949 Lynnhaven Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14759785680000 ROSE HALL 8.08 acres Less than 65 dB DNL 4,800 square foot unit SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow additional pool tables at this existing establishment. In business since 1983, the applicant would like have up to 10 pool tables in the 4,800 square foot unit in order to attract national league pool play as well as satisfy the increased demand for regular customers. The Zoning Ordinance allows up to 4 pool tables as a matter of right: anymore than 4 pool tables requires a Conditional Use Permit for an indoor recreational facility. The existing business is open 7 days a week and currently employees 12 people. Mark Spangler — Garben, Inc. Agenda Item 15 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: shopping center and parking lot SURROUNDING LAND North: . Multifamily, single family dwellings / PD -H1 Planned USE AND ZONING: Development District South: . Princess Anne Road • Shopping center / Conditional B-2 Community Business District East: . Mixed retail, fuel sales / PD -H1 Planned Development District West: . Multifamily/ PD -H1 Planned Development District NATURAL RESOURCE AND The site is located within the Southern Watersheds Management Area. CULTURAL FEATURES: There are no natural or cultural features on the site as it is almost entirely impervious and developed as a shopping center. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the future physical character of this area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi -family units; low -intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic: value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area (p. 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The MTP Major Street Network Ultimate Rights -of -Way lists these segments of Lynnhaven Parkway and Princess Anne Road as a 6 -lane major arterial in a 130 -foot right-of-way and an 8 -lane major arterial in a in a 150 -foot right-of-way, respectively. Dahlia Drive, a 2 lane local street, is unlisted. There are no CIP projects in the area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne No Data 56,240 ADT (up to Existing & Proposed Land Road Level of Service "D") Use 2 — 5,200 ADT Lynnhaven No Data 27,300 ADT (up to Parkway Level of Service "D") Mark Spangler — Garben, Inc. Agenda Item 15 Page 2 Dahlia Drive 5,185 ADT ' 9,900 ADT ' (up to Level of Service "D") 'Average Daily Trips Zas defined by general retail including nonretail uses WATER & SEWER: This site is already connected to City water and sewer as the shopping center was established in 1980. EVALUATION AND RECOMMENDATION Staff recommends approval of this request for an Indoor Recreational Facility within the 4,800 square foot unit of the existing shopping center, subject to the conditions below. No modifications to the shopping center structures or site are proposed in association with this request for additional pool tables. The proposed recreational use is consistent with the Comprehensive Plan's policies for the Suburban Area. This type of use helps support the recreational needs of residents in the area and could likely provide additional economic development opportunities with national pool tournament play. It should be noted that the Police Department has indicated that the shopping center has received a high volume of calls for service in the last 12 months. While unable to attribute the restaurant and pool play to any of these calls, Staff recommends a conservative approach with a condition for a 1 year review. Ample parking is available within the center to support this use and any additional traffic generated by the expansion of the business is not expected to impact traffic patterns in the vicinity. The trip generation for the entire shopping center with this addition equates to roughly 5,200 average trips per day. These are conservative numbers and likely overstate the actual trip generation of the existing building. The Institute of Traffic Engineering's (ITE) guideline for shopping centers provides for the inclusion of non -retail uses such as a pool hall; therefore, while there will be an increase in actual trip generation due to the expanded pool hall use, it will have no impact according to the ITE's empirical equations. Staff recommends approval of this request for Indoor Recreational Facility at this location with the conditions below. CONDITIONS 1. Approval is subject to a 1 year time frame upon which a review by the Police Department and the Zoning Administrator in order to determine if the calls for service for the operation and expansion of the pool tables increase. If it is determined the Police Department and the Zoning Administrator that the operation is contributing negatively to the surrounding area, the conditional use permit shall be referred back to the Planning Commission and City Council for additional scrutiny. 2. The establishment shall close no later than 2:00 a.m. 3. No customer parking shall be permitted behind the shopping center along the western property line. 4. This Conditional Use Permit is valid for the subject unit of 4,800 square feet. 5. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. Mark Spangler — Garben, Inc. Agenda Item 15 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Mark Spangler — Garben, Inc. Agenda Item 15 Page 4 ~ r - - � F7, Ste. , e,6 .-I1.- • .� fA ^Rk •��,.. ., a�°' .uta -- � .1�,�;.MO _ r�� .. - a. ,..,,p` 1-4 op- je So a N �.• ` �_ ` '> .• ��J6 Parkway Shopping Center 1949 LYNNHAVEN PARKWAY VIRGINIA BEACH, VA 23456 A.J. WRIGHT :ry:M:rt.tn %.0:I-:00 EXXON HARDEE'S o N DOLLARooc,o �: rn; TREE N'm I � Ir'4 rj j IT 337 SPACES -- !IIIIIIIII I111 fT,-',ITFFFFM PRINCESS ANNE TEXACO PAWN SHOP LYNNHAVEN PARKWAY EXISTING SITE LAYOUT Mark Spangler — Garben, Inc. Agenda Item 15 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 07/06/04 CUP (bulk storage) Granted 02/27/96 MOD (shopping center expansion) Granted 07/11/95 Change of Zoning (1-1 to Conditional B-2, Granted R -5D to Conditional B-2) 2 12/08/98 CUP (auto repair) Granted 3 02/23/99 Change of Zoning (R -51D to Conditional Granted B-2 Mark Spangler — Garben, Inc. Agenda Item 15 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list Nnecessary) O 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) f t_y,r 2. List all businesses that have a parent -subsidiary' or affiliated business entity relati�� ip 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 0e; 0 b 9 PQ PQ Does an official or employee of he City of Virginia Beach have an interest in the subject land? Yes _ No If yes, what is the name of the official or employee and the nature of their interest? r O aUse Pernik Appllptbn Page 9 9 of of 1 10 Revised 713MW7 DISCLOSURE STATEMENT Mark Spangl 0 DISCLOSURE STATEMENT FME4 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) "Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 'Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner In one entity Is also a controlling owner in the other entity, or (Iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions In this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and vieyv the site for purposes of processing and evaluating this application. AP -16 for Print Name I u.(even n applicant) Print Name 064�4 Condibonal Use Parrnk Appkeatbn Page 10 of 10 Reviwd MQ007 DISCLOSURE STATEMENT Mark Spangler — Garben, Inc. Agenda Item 15 Page 9 Item #15 Mark Spangler, Garben, Inc d/b/a Inland Reef Conditional Use Permit 1949 Lynnhaven Parkway District 3 Rose Hall July 13, 2011 CONSENT An application of Mark Spangler, Garben, Inc. d/b/a Inland Reef for a Conditional Use Permit for an indoor recreation facility — pool tables on property located at 1949 Lynnhaven Parkway, District 3, Rose Hall. GPIN: 1475-97-8568-0000. CONDITIONS 1. Approval is subject to a 1 year time frame upon which a review by the Police Department and the Zoning Administrator in order to determine if the calls for service for the operation and expansion of the pool tables increase. If it is determined the Police Department and the Zoning Administrator that the operation is contributing negatively to the surrounding area, the Conditional Use Permit shall be referred back to the Planning Commission and City Council for additional scrutiny. 2. The establishment shall close no later than 2:00 a.m. 3. No customer parking shall be permitted behind the shopping center along the western property line. 4. This Conditional Use Permit is valid for the subject unit of 4,800 square feet. 5. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE Item #15 Mark Spangler, Garben, Inc d/b/a Inland Reef Page 2 HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 15 for consent. The applicant Mark Spangler appeared before the Commission. There was no opposition present. W °lr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C & C DEVELOPMENT CO., INC., Chancre of Zoning District Classification, 0-2 Office to Conditional R-51) Residential Duplex, 414 25th Street (GPIN 2427090610). Comprehensive Plan –SGA 8 Resort Area, Density 11.4 DU /acre BEACH DISTRICT. MEETING DATE: August 9, 2011 ■ Background: The applicant proposes to rezone the existing 0-2 Office District properties to Conditional R5 -D Residential with the Old Beach District Overlay, re -subdivide the four lots into three lots each 7,600 square feet in area and 40 feet in width. The applicant will then develop each lot with two single family dwellings as permitted in the Old Beach District overlay. The exterior of the dwellings are designed in a coastal style, compatible with the style found in this area. ■ Considerations: The request complies with the Memorandum of Understanding (MOU) between Naval Air Station Oceana and the City of Virginia Beach. The City Zoning Ordinance states "for property within Sub -area 1 of the 65-70 dB DNL Noise Zone, discretionary development applications for residential uses may be granted only if the city council finds that the proposed development: 1. Conforms to the applicable provisions of the city zoning ordinance, including all requirements of the zoning district; and 2. Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Oceanfront Resort Area Plan, Laskin Road Gateway Design Guidelines, Old Beach Design Guidelines or Oceanfront Resort Area Design Guidelines. The proposed rezoning changes the use of the parcel from office to residential, which is in greater conformity with the adjacent residential land use pattern and is consistent with the Resort Area Strategic Action Plan, which seeks to preserve the integrity of the Old Beach Neighborhood. The proposed construction is of compatible scale, lot coverage, and floor area ratio for a lot within the overlay district. C & C Development Company, Inc. Page 2of3 Staff recommends approval of the request to rezone the properties from 0-2 Office to R -5S Residential and develop each lot with two single-family dwelling units subject to the proffers listed. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is redeveloped, it shall be re -subdivided into three (3) lots, each with a two dwelling unit residential condominium, substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR C & C DEVELOPMENT CO. 414 25th STREET VIRGINIA BEACH, VIRGINIA", dated March 2, 2011, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design of the single family dwellings on 25th Street and 24 & Street depicted on the Site Plan will be as substantially depicted on the exhibit entitled, "25th STREET ELEVATION", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 2, 2011, and found it to be legally sufficient and in acceptable legal form. C & C Development Company, Inc. Page 3 of 3 ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. S k , BEACH _ _ _ 4 July 13, 2011 Public Hearing APPLICANT: C & C DEVELOPMENT COMPANY, INC. PROPERTY OWNER: WCCJ —~-° Zo°1 °h toRW PROPERTIES, L.C. ^..P..�..a1o..,. OB • OIO bnAOwr`, STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (02 Office to Conditional R5 -D Residential with the Old Beach District Overlay) ADDRESS / DESCRIPTION: 414 25`" Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270906100000 BEACH 22,800 square feet 65-70 dB Ldn; Sub Area 1 SUMMARY OF REQUEST The applicant proposes to rezone the existing 0-2 Office district properties to Conditional R5 -D Residential with the Old Beach District Overlay), re -subdivide the four lots into three lots, and develop each lot with a single-family dwelling and ancillary dwelling as permitted in the Old Beach District overlay. The submitted rezoning exhibit depicts three lots, each 7,600 square feet in area and 40 feet in width. A single-family dwelling and an ancillary dwelling are depicted on each lot. The plan also details the proposed lot coverage, floor area, landscaping area, and required parking for each lot. The submitted elevation depicts three coastal style dwelling unit designs. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building and associated parking SURROUNDING LAND North: . 251h Street USE AND ZONING: South: . 24 and %2 Street East: . Single family dwellings/ A-12 (OB) Apartment West: • Single family dwellings/ A-12 (OB) Apartment C & C DEVELOPMENT COMPANY, INC. Agenda Item 4 Page 1 NATURAL RESOURCE AND There does not appear to be any significant natural resources or cultural CULTURAL FEATURES: features associated with the site. COMPREHENSIVE PLAN: The subject property is located in the Urban Area — Resort Area (Strategic Growth Area 8), and is within the Old Beach Overlay Zoning District, which is subject to the Old Beach District Design Guidelines. The Resort Area Strategic Action Plan (RASAP), the master plan prepared for SGA 8, identifies the potential for three distinct yet complementary districts at Laskin Gateway, Central Beach and Rudee Marina. The plan is a vision for enhancing the Resort Area by extending the energy at the beach into these three areas by developing synergies between the cultural and commercial life, the recreational and the natural life, and an overall focus of drawing residents and visitors into the resort area. The subject property is in the Old Beach Neighborhood, situated between the Laskin Gateway and Central Beach Districts of the RASAP. The Old Beach Overlay District's location is generally bounded by 22nd Street to the south, Pacific Avenue to the east, 27th Street to the north and Parks Avenue to the west. The purpose of the Old Beach District is to preserve and enhance the historic status of the Old Beach neighborhood as one of the first residential areas within the Oceanfront Resort Area by providing opportunities for both new and redeveloped resort residential development, characterized by single-family cottage -style homes and compatible multiple -family residential dwellings. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 25th Street is a two-lane divided local street with a one -hundred -ten -foot (110') right-of-way width. In addition, 24th %2 Street is a narrow alley with a twenty -foot (20') wide right of way. There is no Capital Improvement Projects (CIP) currently scheduled for either of these streets. • Because of the proposed access to this site from the alley, right-of-way improvements to the 24th 1/2 Street alley will be required along the frontage of this site. These improvements may include, but are not necessarily limited to, pavement widening and curb improvements, in accordance with the City of Virginia Beach Public Works Standard Detail A-21, Typical Section for Alley in 20' R/W. • There are no roadway CIP projects currently scheduled for either of these streets. However, this site is in the vicinity of the CIP project 7.063, Neighborhood Stormwater Infrastructure Improvements. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 25 Street No data ADT 9,900 ADT Existing Land Use —172 ADT Proposed Land Use 3— 62 ADT 6 peak hour Average Daily Trips 2 as defined by .533 acre of Office use Sas defined by 6 single-family dwellings C & C DEVELOPMENT COMPANY, INC. Agenda Item 4 Page 2 WATER: This site is connected to City water. Each lot will require its own water line and meter for water service. SEWER: This site is connected to City sanitary sewer. Each lot will require its own sewer line and meter for sanitary sewer service. STORMWATER MANAGEMEMT: • The referenced development must provide stormwater management in accordance with the Public Works Specifications and Standards. The stormwater management plan should provide protection from detrimentally impacting all downstream properties, public right-of-ways, and receiving storm drain systems. • The project will need to provide adequate stormwater discharge outfalls and identify adequate offsite receiving drainage systems, including street conveyances. 241h and Y2 and 25th Streets do not have any storm sewer pipes. The closest storm drainage structure is 135 feet from the northwest corner of the property at the intersection of Baltic Avenue and 25th Street. • Water quality shall minimally be in accordance with the Storm Water Management Guidance Manual. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment W. T. Cooke 660 587 2 2 Virginia Beach Middle 740 847 1 1 First Colonial High 2,008 1,601 1 1 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). EVALUATION AND RECOMMENDATION Staff recommends approval of the request to rezone the properties from 0-2 Office to R -5S Residential and develop each lot with a single-family dwelling and ancillary dwelling. Staff determined the request complies with the Memorandum of Understandina (MOU) between Naval Air Station Oceana and the Cit of Virginia Beach and the City Zoning Ordinance. The MOU states in Section 3, paragraph 5 staff is to "Evaluate discretionary development proposals that fall within the Resort Tourist (RT -1. RT -2. RT -3), Laskin Road Gateway Overlay or Old Beach Overlay Zoning Districts primarily to determine whether such proposals conform to the density, design criteria and other requirements of the City Zoning Ordinance provisions applicable in such Districts were adopted by the City Council on December 20. 2005: as well as in Section 4, paragraph d "No staff level meeting shall be required for a discretionary development or redevelopment application for property located within a Resort Tourist District (RT -1, RT -2. RT -3), Laskin Road Gatewav Overlav District or Old Beach Overlav District if the use. as proposed. complies with Citv zoning and design criteria". The City Zoning Ordinance states "for property within Sub -area 1 of the 65- 70 dB DNL Noise Zone, discretionary development applications for residential uses may be granted only if the city council finds that the proposed development: C & C DEVELOPMENT COMPANY, INC. Agenda Item 4 Page 3 1. Conforms to the applicable provisions of the city zoning ordinance, including all requirements of the zoning district; and 2. Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Oceanfront Resort Area Plan, Laskin Road Gateway Design Guidelines, Old Beach Design Guidelines or Oceanfront Resort Area Design Guidelines. The proposed rezoning changes the use of the parcel from office to residential, which is in greater conformity with the adjacent residential land use pattern and is consistent with the Resort Area Strategic Action Plan, which seeks to preserve the integrity of the Old Beach Neighborhood. The proposed construction is of compatible scale, lot coverage, and floor area ratio for a lot within the overlay district. Therefore staff recommends approval of the request subject to the proffers listed below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is redeveloped, it shall be re -subdivided into three (3) lots, each with a two dwelling unit residential condominium, substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR C & C DEVELOPMENT CO. 414 25th STREET VIRGINIA BEACH, VIRGINIA", dated March 2, 2011, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design of the single family dwellings on 25`h Street and 24 & % Street depicted on the Site Plan will be as substantially depicted on the exhibit entitled, "25th STREET ELEVATION", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 2, 2011, and found it to be legally sufficient and in acceptable legal form. C & C DEVELOPMENT COMPANY, INC. Agenda Item 4 Page 4 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C & C DEVELOPMENT COMPANY, INC. Agenda Item 4 Page 5 M- _v 25th Strect 1p 24th Street ��!WWI. __ , m -§ Z. zo F v O J R+ K1gi :•cY 3j} rro w T V IV 71W3A V OU 7V& !Q)YY1I�1I, - ID! LV T ilI/ /L7 / I IN p1 df Hill r •• ,. r I Q.� I �p -a ! 4 — ---- laoil I !Q)YY1I�1I, - ID! LV T ilI/ /L7 / I IN p1 df Hill r ,. r y� ---- ° — -a ! 4 — ---- laoil .a� ® r egb� 1 PROPOSED SITE PLAN C & C DEVELOPMENT COMPANY, INC. Agenda Item 4 Page 7 ;,rj 7 C =fir AMR, [DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) C and C Development Company, Inc.: Christopher J. Eitel, President Chancey W. Walker, III, Director 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) O 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) WCCJ Properties, L.C.: Anne B. Clifford, Sole Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) C3 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes C )nditionai Rezoning Application D one 11 ni 19 V DISCLOSURE STATEMENT C & C DEVELOPMENT COMPANY, INC. Agenda Item 4 Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Montin Engineering, P.C. Harry Purkey, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. C and C Development ompany, Inc. By: Christopher J. Ettel. President Applicant's Signature Print Name WCCJ Properties, L.C. By: z Lac Anne B. Clifford, Sole Member Property Owner's Signature (if diff ht than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/1/2004 DISCLOSURE STATEMENT C & C DEVELOPMENT COMPANY, INC. Agenda Item 4 Page 11 Item #4 C & C Development Company, Inc. Conditional Change of Zoning 41425 th Street District 6 Beach July 13, 2011 CONSENT An application of C & C Development, Inc. for a Conditional Change of Zoning from 0-2 Office to Conditional R -5D Residential with Old Beach District Overlay on property located at 414 25th Street, District 6, Beach. GPIN: 2427-09-0610-0000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is redeveloped, it shall be re -subdivided into three (3) lots, each with a two dwelling unit residential condominium, substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR C & C DEVELOPMENT CO. 414 25th STREET VIRGINIA BEACH, VIRGINIA", dated March 2, 2011, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The architectural design of the single family dwellings on 25th Street and 24 & % Street depicted on the Site Plan will be as substantially depicted on the exhibit entitled, "25th STREET ELEVATION", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 2, 2011, and found it to be legally sufficient and in acceptable legal form. Item #4 C & C Development Company, Inc Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 4 on consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. There was no opposition present. In Reply Refer To Our File No. DF -7995 TO: Mark D. Stiles FROM: B. Kay Wilso41 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: July 22, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; C & C Development Company, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 9, 2011. 1 have reviewed the subject proffer agreement, dated March 2, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen./ PREPARED BY: WO SYKLS.110DRD0N, Oil A411; N7 & LUY, P.C. C and C DEVELOPMENT COMPANY, INC., a Virginia corporation WCCJ Properties, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 2nd day of March, 2011, by and between C and C DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor, party of the first part; WCCJ PROPERTIES, L.C., a Virginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of four (4) contiguous parcels of property located in the Beach District of the City of Virginia Beach, containing approximately 22,800 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to Conditional R5 -D Residential District (Old Beach Overlay); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 2427-og-o610 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: W.W SYUS. BOURDON, Ell A1110 & LEW, P.C. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be resubdivided into three (3) lots, each with a two dwelling unit residential condominium, substantially as shown on the exhibit entitled, "REZONING EXHIBIT FOR C & C DEVELOPMENT CO. 414 25th STREET VIRGINIA BEACH, VIRGINIA", dated March 2, 2011, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the single family dwellings on 25th Street and 24th 1/2 Street depicted on the Site Plan will be as substantially depicted on the exhibit entitled, "25th STREET ELEVATION", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 2 PREPARED BY: 9310 SPICES. P®ITRDON, WN A]TO & LEVY. P.C. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to R -5D District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: OM SpYUS. BOURDON, UN A41IRN & LEVY, P.C. S WITNESS the following signature and seal: Grantor: C and C Development Company, Inc., a Virginia corporation By: —A ®ristopher-A.(SEAL) Ettel, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me thisry' day of LA 2011, Christopher J. Ettel, President of C and C Development Company, Inc., a Virginia corporation, Grantor. IN Public My Commission Expires: 1) A " i Notary Registration No.: 192628 ' . Notary PUbk CommanweaW oiv:gft My Cwmssw ��'+* ►"'� Comnum IN 73224631, 04 PREPARED BY: WM SYKES. P®URDDN, IMU AHUN & LtWY. P.C. WITNESS the following signature and seal: Grantor: WCCJ PROPERTIES, L.C. a Virginia limited liability comapany By: Anne B. Clifford, Sole Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of ', 2011, by Anne B. Clifford, Sole Member of WCCJ PROPERTIES, L.C., a Virginia limited liability company, Grantor. ` ��ti�1Vl11`1�ltti 4,0 ✓- ✓otPublic " - tt71 )tv,.j Nary 3. 368462 My Commission Expires: Notary R is/tration No.: 192628 t r)`)��'J PREPARED BY: 10M SYKES, BOURDON, Gail A-1I£RN & LM, P.C. PREPARED BY: 010 SYKES, POURDON, Wil A11E01 & LEVY, P.C. EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots 22, 24, 26 & 28, Block 93, Map No. 6, as shown on that certain plat entitled "Part of the Property of the Virginia Beach Development Co.", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 103. GPIN: 2427-09-0610 \\Sykesw2k\users\AM\Conditiona1 Rezoninff and C Development\25th Street\Proffer_Clean 4-21-ii.doc 7 rO \NU. t'Y.LO CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — CONDITIONAL USE PERMIT AMENDMENT- An Ordinance to amend Section 221 of the City Zoning Ordinance pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. MEETING DATE: August 9, 2011 ■ Background: The time limitations on commencement of construction currently in subsection (g) of Section 221 of the City Zoning Ordinance are outdated and have been superseded by provisions in the Virginia Code governing the vesting of approved developments. In particular, once a conditional use permit allowing a specific project has been approved and the owner or developer has incurred extensive obligations or substantial expenses in diligent pursuit of the specific project in good faith reliance on the approval, the right to the use allowed by the use permit has vested. The amendments to subsection (i) of Section 221 of the City Zoning Ordinance clarify and refine the circumstances under which the City Council may allow a conditional use to deviate from CZO requirements otherwise applicable to the development. The amendment makes clear that the City Council may only modify setbacks, landscaping, height (except as to hazards to air navigation) and minimum lot area requirements otherwise applicable to the subject property and that it may do so only upon a finding that there will be no significant detrimental effects upon surrounding properties by reason of the modifications. ■ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: syr 18 July 13, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 221 OF THE CITY ZONING ORDINANCE PERTAINING TO TIME LIMITS REQUEST: An Ordinance to amend Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. SUMMARY OF AMENDMENT The time limitations on commencement of construction currently in subsection (g) of Section 221 of the City Zoning Ordinance are outdated and have been superseded by provisions in the Virginia Code governing the vesting of approved developments. In particular, once a conditional use permit allowing a specific project has been approved and the owner or developer has incurred extensive obligations or substantial expenses in diligent pursuit of the specific project in good faith reliance on the approval, the right to the use allowed by the use permit has vested. The amendments to subsection (i) of Section 221 of the City Zoning Ordinance clarify and refine the circumstances under which the City Council may allow a conditional use to deviate from CZO requirements otherwise applicable to the development. The amendment makes clear that the City Council may only modify setbacks, landscaping, height (except as to hazards to air navigation) and minimum lot area requirements otherwise applicable to the subject property and that it may do so only upon a finding that there will be no significant detrimental effects upon surrounding properties by reason of the modifications. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH - TIME LIMITS Agenda Item 18 Page 1 1 AN ORDINANCE TO AMEND SECTION 221 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO TIME LIMITS FOR 3 CONDITIONAL USE PERMITS AND CONFORMITY WITH 4 APPLICABLE REQUIREMENTS 5 6 Section Amended: City Zoning Ordinance Section 221 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 221 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 19 ALL DISTRICTS 20 21 .... 22 23 C. CONDITIONAL USES AND STRUCTURES 24 25 .... 26 27 Sec. 221. Procedural requirements and general standards for conditional uses. 28 29 .... 30 31 (g) Term of conditional use permit. Unless otherwise provided when a 32 conditional use permit is issued, the applicant must show and bear evidence in good 33 faith of his intention to proceed with the construction and use of the land. Con&urt+ee 34 shall begin eF the use of the land fOF whiGh a rondifienal use peFmit has been obtained 35 shall Go Ahin hvelve (12) FneRths #em the date of issuanrae ef said peR:nit, 36 athepwise, said peFmit shall be void. PFi9F t9 the ending ef the twelve FneRth peFied, 37 38 finds that the GGnditieRal use peFFnit is still in GempliaAGe with all appliGable GFd*Ranres 39 and paliGies, shall eAend the use peFmit for an additional six (6) manths. If the use 40 peFmit has still not been artivated at the end of that peFied, then upen written request -by 41 the appliGant to the planning diFeGtOF, the planning diFeGteF, if he fiRdr, that the 42 43 44 peFFnits net aGted UPOR as set feFth above shall beGGFne vaid twenty eAe (21) FAG446, 45 . All time limits pertaining to commencement of construction and 46 duration of the conditional use permit shall be in accordance with the applicable 47 provisions of the Virginia Code. Once the conditional use permit is activated by 48 commencement of construction or use, then the general and specific conditions 49 attached to the conditional use permit shall constitute additional zoning regulations and 50 requirements for the site which to the extent of any conflict shall supersede the zoning 51 district regulation. 52 53 .... 54 55 (i) Compliance with requirements. No conditional use permit shall be issued 56 except upon a finding by the city council that the proposed use conforms to the 57 requirements set forth in this ordinance 58 and that the proposed conditional use, 59 together with the conditions attached, will be compatible with the neighborhood in which 60 it is to be located, both in terms of existing land uses and conditions and in terms of 61 proposed land uses and uses permitted by right in the area. Among matters to be 62 considered in this connection are traffic flow and control; access to and circulation within 63 the property; off-street parking and loading; refuse and service areas; utilities; screening 64 and buffering; signs, yards and other open spaces; height, bulk and location of 65 structures; location of proposed open space uses; hours and manner of operation; and 66 noise, light, dust, odor, fumes and vibrations. 67 68 The City Council may, for good cause shown and upon a finding that there will be 69 no significant detrimental effects on surrounding properties allow reasonable deviations 70 from the following requirements otherwise applicable to the proposed development: 71 72 (1) Required setbacks; 73 74 (2) Required landscaping, 75 76 (3) Height restrictions, except as provided in Section 202 (b)- and 77 78 (4) Minimum lot area requirements. 79 80 .... 81 82 COMMENT 83 84 The time limitations on commencement of construction currently in the subsection (g) are 85 outdated and have been superseded by provisions in the Virginia Code governing the vesting of 86 approved developments. In particular, once a conditional use permit allowing a specific project has 87 been approved, and the owner or developer has incurred extensive obligations or substantial 88 expenses in diligent pursuit of the specific project in good faith reliance on the approval, the right 89 to the use allowed by the use permit has vested. 90 91 The amendments to subsection (i) clarify and refine the circumstances under which the City 92 Council may allow a conditional use to deviate from CZO requirements otherwise applicable to the 93 development. The amendments make clear that the City Council may only modify setbacks, 94 landscaping, height (except as to hazards to air navigation) and minimum lot area requirements 95 otherwise applicable to the subject property and that it may do so only upon a finding that there 96 will be no significant detrimental effects upon surrounding properties by reason of the 97 modifications. 98 99 100 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 101 of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i- OlAr anWing - - s f f i c - CA11883 R-3 May 27, 2011 Item #18 City of Virginia Beach An ordinance to amend Sections 221 of the City Zoning Ordinance pertaining to time limits CONSENT An Ordinance to amend Section 221 of the City Zoning Ordinance (CZO) pertaining to time limits for Conditional Use Permits and conformity with applicable requirements. SUMMARY OF AMENDMENT The time limitations on commencement of construction currently in subsection (g) of Section 221 of the City Zoning Ordinance are outdated and have been superseded by provisions in the Virginia Code governing the vesting of approved developments. In particular, once a conditional use permit allowing a specific project has been approved and the owner or developer has incurred extensive obligations or substantial expenses in diligent pursuit of the specific project in good faith reliance on the approval, the right to the use allowed by the use permit has vested. The amendments to subsection (i) of Section 221 of the City Zoning Ordinance clarify and refine the circumstances under which the City Council may allow a conditional use to deviate from CZO requirements otherwise applicable to the development. The amendment makes clear that the City Council may only modify setbacks, landscaping, height (except as to hazards to air navigation) and minimum lot area requirements otherwise applicable to the subject property and that it may do so only upon a finding that there will be no significant detrimental effects upon surrounding properties by reason of the modifications. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 18 for consent. Karen Lasley appeared before the Commission. There was no opposition present. O. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) P. UNFINISHED BUSINESS Q. NEW BUSINESS 1. Cancel or Reschedule October 4, 2011, Workshop R. 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 NATIONAL NIGHT OUT OCTOBER 4, 2011 9 August 2011 Honorable Mayor Members of City Council "National Night Out", normally held the first Tuesday in August is changed this year to be the first Tuesday in October - - October 4, 2011. October 4`h is a regularly scheduled City Council WORKSHOP Session. October 4rh is also the INSTALLATION of Council Lady Rosemary Wilson as President of the Virginia Municipal League. Virginia Beach has had this honor only once before in fifty years. Therefore, with the assistance of Bob Matthias, we have arranged with VML that Members of the Virginia Beach City Council may attend the installation banquet without registering for the full VML Conference. It is necessary to ascertain your pleasure at this time whether to CANCEL or RESCHEDULE this Workshop so proper notification can be made to the citizens of Virginia Beach. This matter will be under New Business on the August 9, 2011, City Council Formal Agenda. Respectfully yours, CC. City Manager Ruth Hodges Smith, MMC City Attorney City Clerk CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS ROSEMONT SGA MASTER PLAN Paul Ostergaard, DATE: 07/12/2011 Executive Vice - PAGE: 1 D S President, Urban E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O S H L W V E Z Y L N O R S O I P E E E E M 1 O O S H L R Y S S N N D LA CITY MANAGER'S BRIEFINGS ROSEMONT SGA MASTER PLAN Paul Ostergaard, Executive Vice - President, Urban Design Associates B OPSAIL 2012BLUE ANGEL Captain Patrick EVENT/WWAR 1812 C. Burns, USN, Director, Commemor- ations II/III/IV- CITY COUNCIL AT -LARGE PUBLIC A VACANCY INTERVIEWS VNI-E CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y SESSION F MINUTES — June 28/July 5, 2011 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y G/H-1 MAYOR'S PRESENTATION THE MAYOR'S YOUTH LEADERS IN Nicky ACTION (MYLA) Vasquez, Coordinator I-1 PUBLIC HEARING LEASE OF CITY -OWNED PROPERTY No Speakers 825 18�' Street (Lighthouse Center J/K-1 Ordinance to DESIGNATE Woodstock ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y Elementary School as polling location for BY CONSENT College Park Precinct only for Primary Election on August 23, 2011 2 Resolution to DIRECT Beaches and ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y Waterways Comm to recommend options BY CONSENT for Comprehensive Policy on sand replenishment 3 Ordinance to AUTHORIZE Lease with ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y Volunteers of America Chesapeake re BY CONSENT Lighthouse Day Services Center for Homeless at 825 18`s Street. DISTRICT 6 - BEACH 4 Ordinance to EXTEND date for satisfying ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y conditions in behalf of Claire L. BY CONSENT Friedberg re closure of portion of Loretta Lane/Millers Lane (DISTRICT 6 - BEACH) ((approve July 13, 2010 5 Ordinance to AUTHORIZE ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y encroachments into portion of City -owned BY CONSENT property for STEVEN D./DEBRA H. EIB in a portion of the canal at 2504 Las CITY OF VIRGINIA BEACH Corrales Court. DISTRICT 7 — PRINCESS SUMMARY OF COUNCIL ACTIONS ANNE DATE: 07/12/2011 6 Ordinance to AUTHORIZE an Agreement ADOPTED 10-0 Y PAGE: 2 Y Y D Y Y Y Y S with Patriotic Festival, LLC re Blue BY CONSENT E D H E W AGENDA Angels Air Show/APPROPRIATE D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O S H L W V E Z Y L N O R S O 1 P E E E E M I O O S H L R Y S S N N D Corrales Court. DISTRICT 7 — PRINCESS ANNE 6 Ordinance to AUTHORIZE an Agreement ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y with Patriotic Festival, LLC re Blue BY CONSENT Angels Air Show/APPROPRIATE $114,000/TRANSFER $177,000 to Convention/Visitors Bureau; TRANSFER $65,000 to SGA Office for parking activities related to Blue Angels Air Show 7 Ordinance to MODIFY financing sources ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y in the FY 2011-12 Capital Budget: CONSENT a. $2,821,470 Interest Income b. $1,131,804 State Lottery proceed c. $ 540,226 sale of School -owned property d. $6,500 School Authority Loan Subsidy Premium 8 Ordinance to AUTHORIZE full-time ADOPTED BY 8-2 Y N Y Y N Y Y Y Y Y Neighborhood Services Coordinator re CONSENT Neighbors Helping Neighbors/ TRANSFER $92,000 to the City Manager's Office 9.a Ordinances to ACCEPT/APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y /TRANSFER: BY CONSENT $240,000 in Admissions Tax to Tourism TIF re seating capacity/amenities at S orts lex b $70,630 refund from State Fire revenue/ ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y $932 from Dominion Va Power re Fire CONSENT Training Center Improvements — Phase III c $800,000 from Sheriffs Special Reserve to ADOPTED BY 9-1 Y N Y Y Y Y Y Y Y Y Sheriff's personnel CONSENT d $43,820 from Federal Juvenile ADOPTED BY 10-0 Y Y Y Y Y Y Y y Y Y Accountability Block Grant with local CONSENT match re a part-time position for Court Service Unit e $10,918,000 from VDOT re enhancements ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y to various roadway projects CONSENT CITY OF VIRGINIA BEACH $372,100 from Reserve for Contingencies ADOPTED BY 10-0 Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y re emergency enerator for Field House CONSENT DATE: 07/12/2011 L -I OLD DONATION ASSOC, LLC APPROVED/ 9-0 Y PAGE: 3 Y Y D Y A Y Y S Modification of Condition 1 on CUP at CONDITIONED E D H E W AGENDA 1853 Old Donation Parkway. D S I E J S U I S ITEM # SUBJECT MOTION VOTE A T E D N O S H L W V E Z Y L N O R S O I P E E E E M I O O S H L R Y S S N N D f $372,100 from Reserve for Contingencies ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y re emergency enerator for Field House CONSENT L -I OLD DONATION ASSOC, LLC APPROVED/ 9-0 Y Y Y Y Y Y A Y Y Y Modification of Condition 1 on CUP at CONDITIONED B 1853 Old Donation Parkway. BY CONSENT S DISTRICT 5 - LYNNHAVEN (approved T July 18, 2006) A I N E D 2 ROSE/DOUGLAS CHANDLER CUP re APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y residential wildlife rehabilitation at 1620 CONDITIONED Grey Friars Chase. BY CONSENT DISTRICT 1 - CENTERVILLE 3 LAWSON HALL ASSOCIATES, LLC APPROVED / 9-1 Y Y Y Y N Y Y Y Y Y Modification of Proffers 2/4 of Conditional PROFFERED CO Z at 5525 Lawson Hall Road. WITHOUT DISTRICT 4 - BAYSIDE (approved May FOUR-WAY 23, 2006) STOP BY CONSENT 4 TOWNE DEVELOPMENT CORP. APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y /COURTHOUSE SELF -STORAGE PROFFERED BY ASSOCIATES, LLC. COZ at 2504 North CONSENT Landing Road DISTRICT 7 - PRINCESS ANNE a. B -IA to Conditional PD -H2 and R-51) b. AG -1 to Conditional PD -112 and R-51) 5 Ordinances to AMEND the CZO re: ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y CONSENT a. setback requirements for accessory structures in R-5D/R-5R/R- 2.5/A artment Zoning Districts b. accessory uses in Office Zoning ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y Districts CONSENT c. religious uses ADOPTED BY 10-0 Y Y Y Y Y Y Y Y Y Y CONSENT M APPOINTMENTS: CITY COUNCIL MEMBER AT- Appointed 9-1 Y N Y Y Y Y Y Y Y Y LARGE Unexpired term: 08/01/2011 — 12/31/2011 Prescott N. Sherrod CITY OF VIRGINIA BEACH COMMUNITY MEDICAL ADVISORY RESCEDULED B Y C O N S E N SUMMARY OF COUNCIL ACTIONS U S COMMISSION DATE: 07/12/2011 COMMUNITY SERVICES BOARD PAGE: 4 D S DEVELOPMENT AUTHORITY E D H E W AGENDA HISTORICAL REVIEW BOARD D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O S H L W V E Z Y L N O R S O I P E E E E M I O O S H L R Y S S N N D COMMUNITY MEDICAL ADVISORY RESCEDULED B Y C O N S E N S U S COMMISSION COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE (COG) BAYSIDE ADVISORY COMMITTEE Appointed 3 10-0 Y Y Y Y Y Y Y Y Y Y year term — 07/01/2011 — 06/30/2014 Joseph A. Miller and Martin A. Thomas N/O/P ADJOURNMENT 6:24 PM