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JULY 3, 2012 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W//,LIAM D. SESSOMS, JR., At-Large VICL' MAYOR LOI /LS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall -District 3 WI/.LIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER. Centerville -District I BARBARA M HENLEY, Princess Anne -District 7 JOHN D.MOSS, At-barge JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, I,ynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR -- JERALD D. BANAGAN C/TY AUD/TOR - LYNDON S. RF.MIAS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 03 JULY 2012 CITYHALL BUILD/NG 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAlL: Crycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS -Conference Room - A. SALEM LAKES PEDESTRIAN PATH David L. Hansen, Deputy City Manager B. FORM BASED CODE -RESORT PARKING Barry Frankenfield, Director -Strategic Growth Area C. SPOT BLIGHT Andrew Friedman, Director -Housing and Neighborhood Preservation II. CITY COUNCIL LIAISON III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 3:30 PM 5:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Stanley Sawyer, D.D. Pastor, All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 26, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCE 1. Resolution APPOINTING Amanda H. Finley-Barnes as Chief Deputy City Clerk I. PLANNING 1. Application of GREGG E. and TONI L. CHRISTOFFERSEN and WINNETT and NANCY HAGINS for the Expansion of a Nonconforming_Use re two single-family dwellings at 304 49tH Street (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 2. Application of THE RUNNYMEDE CORPORATION re Closure of an unimproved portion of Cleveland Street at Clearfield Avenue (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for the U.S. FISH AND WILDLIFE SERVICE/MELVA W. BROWN re conveyance of Parcel 2-A to be ADDED to the Back Bay National Wildlife Refuge at 3652 Muddy Creek Road (DISTRICT 7 -PRINCESS ANNE ROAD) RECOMMENDATION APPROVAL 4. Application of MOORE FARM, L.L.P. for a Conditional Use Permit re a child care center at 925 Diamond Springs Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 5. Application of ELLEN R. HANCOCK for a Conditional Use Permit re a residential kennel at 5520 Aurora Drive (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 6. Application of C.A.R.E.S., INC./MARK HACKATHORN for a Conditional Use Permit re a residential kennel at 2701 Shirley Landing Drive (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 7. Application of GORDON R. and BEVERLY H. PATRICK for a Conditional Use Permit re development of a townhome style condominium community at 3607, 3613, and 3617 Shore Drive. (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 8. Application of VIRGINIA SEAGULL TRAVEL BUS, INC./ OVERTONS MARKETS, for a Conditional Use Permit re a passenger transportation terminal at 313 and 329 Kellam Road (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 9. Application of CAR CHOICE ENTERPRISE, INC/5001 VIRGINIA BEACH ASSOCIATES, LLC for a Conditional Use Permit re motor vehicle sales and service at 5001 Virginia Beach Boulevard (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 10. Application of JAMES SAWH/GERALD E. SNYDER and REGINA SNYDER for a Conditional Use Permit re automotive repair at 5564 Virginia Beach Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 11. Application of ANTHONY and ALYIAH PETERKIN/ J & J INVESTMENT, for a Conditional Use Permit re truck and trailer rentals at 649 Newtown Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 12. Application of OLD BEACH GREEN MARKET for a Conditional Use Permit re an outdoor "Green Market" at 1909 Cypress Avenue (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 13. Application of NATHAN B. HUDSON/HOLLAND PLAZA SHOPPING CENTER, LLC, for a Conditional Use Permit re indoor recreation, "Doodles Inflatable Fun", at 4308 Holland Road (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 14. Application of HABITAT FOR HUMANITY SOUTH HAMPTON ROADS for a Change of Zoning District Classification from R-SD Residential Duplex to Conditional R-2.5 Residential to develop townhouses at 4957 Bonney and Kenley Roads (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 15. Application of BEILER PROPERTIES, INC. for a Change of Zoning_District Classification from R-15 Residential to Conditional R-7.5 Residential to develop Phase Two of an existing residential neighborhood at 2301 Salem Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION DENIAL 16. Application of VIRGINIA BEACH RACQUET CLUB NORTH for Modification of Conditions re DELETING Condition No. 7 which prohibits signs; ALLOW indoor recreational activities, other than tennis and renovation of the existing restroom/utility structure at 1950 and 1951 Thomas Bishop Lane (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 17. Application of LAKE GEM D8, LLC for Modification of Conditions Nos. 2 and 5 re expansion of an outdoor market with retail sales and change the hours of operation at 2181 Upton Drive (DISTRICT 7 -PRINCESS ANNE ROAD) 18. Application of NEW CINGULAR WIRELESS PCS, LLC T/A AT&T/VA STORAGE CO., LLC for Modification of Conditions to ADD flush mounted antennas with remote radio heads at 2100 McComas Way (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 19. Ordinances of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. Section 1301 re the establishment or expansion of Historic and Cultural Districts: b. Section 111 to ADD a definition of "cemetery" c. Section 211(b)(2) re Temporary Signs d. Section 107 re the criteria for Proffers in Conditional Zoning. RECOMMENDATION APPROVAL K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CTTY CLERK'S OFFICE at 385-4303 *>F~******>F>E**~~**~r>F*****~~*** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 C/TYHOLIDAYS Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day Agenda 07/03/2012 gw CITY MANAGER'S BRIEFINGS -Conference Room - 3:30 PM A. SALEM LAKES PEDESTRIAN PATH David L. Hansen, Deputy City Manager B. FORM BASED CODE -RESORT PARKING Barry Frankenfield, Director -Strategic Growth Area C. SPOT BLIGHT Andrew Friedman, Director -Housing and Neighborhood Preservation II. CITY COUNCIL LIAISON III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - 5:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Stanley Sawyer, D.D. Pastor, All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 26, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCE Resolution APPOINTING Amanda H. Finley-Barnes as Chief Deputy City Clerk ~ 4~CfgCR,'t 04 ~~ ,~. psi r.z........., ... .,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Amanda H. Finley-Barnes to the Position of Chief Deputy City Clerk MEETING DATE: July 3, 2012 ^ Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." ^ Considerations: This resolution appoints Amanda Barnes to the position of Chief Deputy City Clerk, effective July 1, 2012. This appointment will create a vacancy in the position of Deputy Clerk II. The Clerk will present Council with a resolution to fill that vacancy in the near future. ^ Recommendations: It is recommended that City Council adopt the attached resolution. ^ Attachments: Resolutions Recommended Action: Adopt resolution Submitting DepartmentlAgency: City Cler City Manager: 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION APPOINTING AMANDA H. FINLEY-BARNES TO THE POSITION OF CHIEF DEPUTY CITY CLERK BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-77 of the City Code, Amanda H. Finley-Barnes is hereby appointed to the position of Chief Deputy City Clerk, effective July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ity Clerk ~~ City Attorney's Office CA12330 R-1 June 26, 2012 I. PLANNING 1. Application of GREGG E. and TONI L. CHRISTOFFERSEN and WINNETT and NANCY HAGINS for the Expansion of a Nonconforming Use re two single-family dwellings at 304 49tH Street, Suite A (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 2. Application of THE RUNNYMEDE CORPORATION re Closure of an unimproved portion of Cleveland Street at Clearfield Avenue (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for the U.S. FISH AND WILDLIFE SERVICE/MELVA W. BROWN re conveyance of Parcel 2-A to be ADDED to the Back Bay National Wildlife Refuge at 3652 Muddy Creek Road (DISTRICT 7 -PRINCESS ANNE ROAD) RECOMMENDATION APPROVAL 4. Application of MOORE FARM, L.L.P. for a Conditional Use Permit re a child care center at 925 Diamond Springs Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 5. Application of ELLEN R. HANCOCK for a Conditional Use Permit re a residential kennel at 5520 Aurora Drive (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 6. Application of C.A.R.E.S., INC./MARK HACKATHORN for a Conditional Use Permit re a residential kennel at 2701 Shirley Landing Drive (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 7. Application of GORDON R. and BEVERLY H. PATRICK for a Conditional Use Permit re development of a townhome style condominium community at 3607, 3613, and 3617 Shore Drive. (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL Application of VIRGINIA SEAGULL TRAVEL BUS, INC./ OVERTONS MARKETS, for a Conditional Use Permit re a passenger transportation terminal at 313 and 329 Kellam Road (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 9. Application of CAR CHOICE ENTERPRISE, INC/5001 VIRGINIA BEACH ASSOCIATES, LLC for a Conditional Use Permit re motor vehicle sales and service at 5001 Virginia Beach Boulevard (DISTRICT 4 -BAYSIDE) RECOMMENDATION APPROVAL 10. Application of JAMES SAWH/GERALD E. SNYDER and REGINA SNYDER for a Conditional Use Permit re automotive repair at 5564 Virginia Beach Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 11. Application of ANTHONY and ALYIAH PETERHIN/ J & J INVESTMENT, for a Conditional Use Permit re truck and trailer rentals at 649 Newtown Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 12. Application of OLD BEACH GREEN MARKET for a Conditional Use Permit re an outdoor "Green Market" at 1909 Cypress Avenue (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 13. Application of NATHAN B. HUDSON/HOLLAND PLAZA SHOPPING CENTER, LLC, for a Conditional Use Permit re indoor recreation, "Doodles Inflatable Fun", at 4308 Holland Road (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 14. Application of HABITAT FOR HUMANITY SOUTH HAMPTON ROADS for a Change of Zoning District Classification from R-SD Residential Duplex to Conditional R-2.5 Residential to develop townhouses at 4957 Bonney and Kenley Roads (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 15. Application of BEILER PROPERTIES, INC. for a Change of Zoning District Classification from R-15 Residential to Conditional R-7.5 Residential to develop Phase Two of an existing residential neighborhood at 2301 Salem Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION DENIAL 16. Application of VIRGINIA BEACH RACQUET CLUB NORTH for Modification of Conditions re DELETING Condition No. 7 which prohibits signs; ALLOW indoor recreational activities, other than tennis and renovation of the existing restroom/utility structure at 1950 and 1951 Thomas Bishop Lane (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 17. Application of LAKE GEM D8, LLC for Modification of Conditions Nos. 2 and 5 re expansion of an outdoor market with retail sales and change the hours of operation at 2181 Upton Drive (DISTRICT 7 -PRINCESS ANNE ROAD) 18. Application of NEW CINGULAR WIRELESS PCS, LLC T/A AT&T/VA STORAGE CO., LLC for Modification of Conditions to ADD flush mounted antennas with remote radio heads at 2100 McComas Way (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 19. Ordinances of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. Section 1301 re the establishment or expansion of Historic and Cultural Districts: b. Section 111 to ADD a definition of "cemetery" c. Section 211(b)(2) re Temporary Signs d. Section 107 re the criteria for Proffers in Conditional Zoning. RECOMMENDATION APPROVAL '7y N ~o of 0 ~. ~; 00 0 _~ ~° Zy ri.. o~ ~~ 1 ti CJ N HO ca 0 I d rn n n 1 a ,~,+rr,, ~+i Q ~• ~• 0 M~j ,~ u ~h,~, f~ ~~r v~~ k'~; ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 304 49t" Street. GREGG E. & TONI L. CHRISTOFFERSEN and WINNETT & NANCY HAGINS. BEACH DISTRICT MEETING DATE: July 3, 2012 ^ Background: The subject site contains two single-family dwellings. City tax records indicate that the dwelling located at the front of the lot, which is the subject of this request, was constructed in 1940. The dwelling located at the rear of the lot was constructed in 1955. The dwellings are owned by separate owners as condominiums. The site, as well as the surrounding area, are currently zoned R- 7.5 Residential District, which does not permit two single-family dwellings on one lot (the Zoning Ordinance does not recognize condominium unit lines as zoning lot lines). Accordingly, the two single-family dwellings located on this parcel are nonconforming uses. ^ Considerations: The subject dwelling is divided into aone-story section at its front (closest to 49th Street) and atwo-story section at its rear. It is the intent of the applicants to construct an addition over the one-story portion of the structure for the purpose of having, except for the existing one-story side entrance, a completely two-story structure. The subject structure does not currently meet the 30-foot minimum front yard setback required for the R-7.5 zoning district. The current front yard setback for the existing structure is 5.5 feet, except for the chimney, which has a setback of 3.5 feet from the front lot line. The second floor addition will be constructed entirely within the footprint of the existing one-story section of the house, and the roof of the addition will align with the existing roof line; therefore, the addition will remain within the existing yard setbacks. The exterior building materials will be in keeping with the current exterior materials, and will thus retain the `beach cottage' character of the existing structure. In regard to the enlargement of a nonconforming use, Section 105(d) of the City Zoning Ordinance notes that a nonconforming use may be enlarged only "by resolution of the City Council based upon its finding that the proposed condition CHRISTOFFERSEN & HAGINS Page 2 of 3 is equally appropriate or more appropriate to the district than is the existing nonconformity." ^ Recommendations: The residential area where the subject site is located consists of a mixture of one-story and two-story dwellings. The applicants' proposal to add a second floor above the first floor section of the dwelling will, in staff's opinion, increase the degree of compatibility between the house and the others in the surrounding area. The proposed architectural design and exterior materials will further contribute to the compatibility of the house to the surrounding area. It is staff's conclusion, therefore, that the proposed addition is reasonable, resulting in a single-family dwelling that will be equally appropriate to the other single-family dwellings in the surrounding residential area as is the existing nonconforming use. The request, therefore, is acceptable subject to the following conditions: 1. The location of the second-story addition and related exterior renovations to the existing structure shall substantially conform to the submitted site plan entitled "Physical Survey, 304 49th Street, A Condominium being Lot 192 Map of the Hollies, M.B. 268, P. 67, Virginia Beach, Virginia", dated September 15, 2011, and prepared by Gallup Surveyors and Engineers. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The appearance of the second-story addition and related exterior renovations to the existing structure shall substantially conform to the submitted rendering, entitled "Christoffersen Renovations, Front Elevation, 304 49th Street, dated March 30, 2012," Said rendering has been exhibited to the City Council and is on file in the Planning Department. 3. Prior to approval of a Building Permit, the applicant shall submit documentation suitable to the Building Official that the existing foundation can structurally support the proposed second story. ^ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agenl/cy: Planning Department City Manag I~ acer_u ~!:> > t. a t;regg >N:. ~ 1~)m L. t;nrtstottersen ` ~ RSR ~ ~,, ~. ~ `R5R R7.5 ' ` `~" ~ A 1 R7.5 t\ ~ "_~ _ ~ ~, _ ~ ` ~-_ -- , ~ . R7.5 ~ ~; - ~ RZ.S ~ ~ ~ R7.5 `~ R7.6 - - ~, --- ~~ ~- ~ / = - '" RP.5 -- - - ~ ,~, g R7.5\ - - , . ti R7.5 -'6s'~-• ~ R7.5 ` 1 1 ", - 5 '~~°"'9"'^CiiOinoin °"MYi Ojin Lam. v.~,~„., a vr++a o..,w. Nondontormin Use 8 July 3, 2012 City Council Meeting APPLICANT: GREGG E. & TO N I L. CHRISTOFFERSEN PROPERTY OWNER: GREGG E. & TONI L. CHRISTOFFERSEN &WINNETT& NANCY HAGINS STAFF PLANNER: Ray Odom REQUEST: Enlargement of a Nonconforming Use ADDRESS /DESCRIPTION: 304 49t" Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24188832770000 BEACH 6,250 square feet 65-70 dB DNL (Sub-Area 3) SUMMARY OF REQUEST The subject site contains two single-family dwellings. City tax records indicate that the dwelling located at the front of the lot, which is the subject of this request, was constructed in 1940. The dwelling located at the rear of the lot was constructed in 1955. The dwellings are owned by separate owners as condominiums. The site, as well as the surrounding area, are currently zoned R-7.5 Residential District, which does not permit two single-family dwellings on one lot (the Zoning Ordinance does not recognize condominium unit lines as zoning lot lines). Accordingly, the two single-family dwellings located on this parcel are nonconforming uses. The subject dwelling is divided into cone-story section at its front (closest to 49th Street) and atwo-story section at its rear. It is the intent of the applicants to construct an addition over the one-story portion of the GREGG E. & TONI L. CHRISTOFFERSEN July 3, 2012 City Council Meeting Page 1 structure for the purpose of having, except for the existing one-story side entrance, a completely two-story structure. The subject structure does not currently meet the 30-foot minimum front yard setback required for the R- 7.5 zoning district. The current front yard setback for the existing structure is 5.5 feet, except for the chimney, which has a setback of 3.5 feet from the front lot line. The second floor addition will be constructed entirely within the footprint of the existing one-story section of the house, and the roof of the addition will align with the existing roof line; therefore, the addition will remain within the existing yard setbacks. The exterior building materials will be in keeping with the current exterior materials, and will thus retain the `beach cottage' character of the existing structure. In regard to the enlargement of a nonconforming use, Section 105(d) of the City Zoning Ordinance states the following: No nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity. City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. EVALUATION AND RECOMMENDATION The residential area where the subject site is located consists of a mixture of one-story and two-story dwellings. The applicants' proposal to add a second floor above the first floor section of the dwelling will, in staff's opinion, increase the degree of compatibility between the house and the others in the surrounding area. The proposed architectural design and exterior materials will further contribute to the compatibility of the house to the surrounding area. It is staff's conclusion, therefore, that the proposed addition is reasonable, resulting in asingle-family dwelling that will be equally appropriate to the other single-family dwellings in the surrounding residential area as is the existing nonconforming use. Thus, the request for an enlargement of a nonconforming use is acceptable subject to the conditions below. CONDITIONS 1. The location of the second-story addition and related exterior renovations to the existing structure shall substantially conform to the submitted site plan entitled "Physical Survey, 304 49th Street, A Condominium being Lot 192 Map of the Hollies, M.B. 268, P. 67, Virginia Beach, Virginia", dated September 15, 2011, and prepared by Gallup Surveyors and Engineers. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The appearance of the second-story addition and related exterior renovations to the existing structure shall substantially conform to the submitted rendering, entitled "Christoffersen Renovations, Front Elevation, 304 49th Street, dated March 30, 2012," Said rendering has been exhibited to the City Council and is on file in the Planning Department. GREGG E. & TONI L. CHRISTOFFERSEN July 3, 2012 City Council Meeting Page 2 3. Prior to approval of a Building Permit, the applicant shall submit documentation suitable to the Building Official that the existing foundation can structurally support the proposed second story. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. GREGG E. & TONI L. CHRISTOFFERSEN July 3, 2012 City Council Meeting Page 3 Rte 5 . ~~~w~, ~, .y+1 r_ ~~ ~~ "..,}~~ GREGG E. & TONI L. July 3, 2012 ~~ 4d , amity Council Meeting Page ti.:t .. F J. ~ . ~9 ~: 4 r S AERIAL OF SITE LOCATIO CERTIFICATION ar ~ r mrrr awr ~ a vr~ K ati a~wir x wsrrr ror a ~ wn Ne awr x aaE uio Ne su a x warns r[ r am a ar wlr. at wars swo sear xa ~[ n[ uYr w aac Mt ao 017Wi01r1~B? oau uas M x rl0~anr q97 r roa ~~~~ ~ 3 o~ 'n s '~,c1~6 / ~e Q C W v J 1- 0 PROPOSED SECOND FLOOR ADDITION OVER EXISTING FIRST FLOOR PROPOSED SITE Pl GREGG E. & TONI L. July 3, 2012 NOTES l.) x ream arr NH6O1 wRlie r ALL rr[ mi[: Y9 / ~iL 4!1 `a[ ~. x:r sawn rt ar st x an ti< rare slat fhYrlT rM6 Nd r6 Nsa~ srrt x srrr a A akE vri iaa an NGT 7ioa ya wi uasa a aiswnaa wa av rRr wo asrrr u acr IHls k 4m ZQ R ~~rrff r-F7VF0111 err rai r/M i R (My a -A MM ;ity Council MeE Pa~ G ~ IL ~ ~ ± y .d `as.> ~v~,F ..n ,pT ~t'PA,. 49th STREET (70' R/W) (AVENUE E - PLA» ~~ °~ F ~~ ~~ ~~ V ~~ z 8 ~~ ~3 PHOTOGRAPH OF HOUSE WITH RENOVATION NOTES GREGG E. & TONI L. CHRISTOFFERSEN July 3, 2012 City Council Meeting Page 6 F. ~~ ~` ~.w S N5 ~F ~ ~; }y~,~ O L R ~, P ~A''S~`~+n' 0 0 h~ UC. cS~' A v ~ PROPOSED ELEVATION GREGG E. & TONI L. CHRISTOFFERSEN July 3, 2012 City Council Meeting Page 7 a.~ ~: 9,~ ' ; :. OF O{ ~ P..~at yl"~ ~.~ BEACH ~-~,--..~~. r o_ m,~_..; t !'~i.,:.~n~,.~~..~.r.» L-~ <71G~~ L.. LX ~Vlll L• \~1111~7LVllt.l Ot.ll f 10 SCdIB ``-, R5 ~ _ _ ~~ ~, ~ r ~ ~' V~7 5''~ gSN g~R R~:S. '~, R ~.5',, _ -- Zoniny with Corrdirions Proffers. Open Space Pronroriorr or PDH•2 Overlays Non-Conforming Use ZONING HISTORY There have been no recent discretionary zoning actions in this area. GREGG E. & TONI L. July 3, 2012 City Council Meeting Page ~,Q(~~~ b~ 39 ~ r _ c~ s N' cJ'< z 0 c~ 3 o, W c.7 O w z 0 v z 0 z DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-aubaidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) Check here if the applicant is HOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is ~ffersnf 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. bekna: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of vrginia Beach have an interest in the subject land? Yes n No If yes, what is the name of the official or employee and the nature of their interest? Page 8 of 9 Revised 7/3/0) DISCLOSURE STATEMENT GREGG E. & TONI L. CHRISTOFFERSEN July 3, 2012 City Council Meeting Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List aU krtawn contractors or businesses that have or will provide services with rasped to the requested property use, indudinp but not Gm'lted to the providers of archittsctural services, real estate services, financial services, acx;ounting services, and legal services: (Attach list if necessary) tli's.-wit wrr~' : ar~dL~~ ~ilcs~ t .SiryC'~i - cf'iar~aoi .~ „~" ~f'at*~c~5yuc.Q Cr• "Parerrt-subsidia(y 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 t.ocal Government Conflict of Interests Act, Va. Coda § 2.2-3101. s 'Affiliated business entity relationship' means `a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (i7 a controlling owner in one entity is ako a controlling owner in the other erttrhr, or (iu) there is shared managemer~ or control between the business entities. Factors that should be considered in dstsrminirg the of an afiliabsd business entity relationship include that the same person or substantially the same parson 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 empbyaes or otherwise share activities, resouroes or personnel on a regular basis; or there is otherwise a dose wonting relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certiy that the infomafion contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing,) am r+espor>sibk for otrtaining end posting the nlquirod sign on the subjscx property st least 30 days prior m the scheduled public hearing according to the instructions in this package. The undersigned oleo consents to entry upon the bject by empbysss of the Departm~-t of Planning to photograph the site end evaluating this application. . ~ -- Non-CaMortninp Uas Applintion Paps 9 ar 9 ReNSSd 7/9107 Z ~-r a w c7 0 w z 0 z DISCLOSURE STATEMENT GREGG E. & TONI L. CHRISTOFFERSEN July 3, 2012 City Council Meeting Page 10 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 304 49T" STREET 4 5 WHEREAS, Gregg E. and Toni L. Christoffersen, (hereinafter the "Applicants") 6 have made application to the City Council for authorization to enlarge a nonconforming 7 use located at 304 49t" Street in the R-7.5 Residential District by enlarging one of the 8 two single-family dwellings on the lot; and 9 10 WHEREAS, this lot contains two single-family dwellings, which is not allowed in 11 the R-7.5 Residential District. However, the single-family dwellings are nonconforming 12 as they were both built prior to the adoption of the applicable zoning regulations; and 13 14 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 15 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 16 City Council authorizing such action upon a finding that the proposed use, as enlarged, 17 will be equally appropriate or more appropriate to the zoning district than is the existing 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropriate to the district as is the existing nonconforming use under the 25 conditions of approval set forth hereinbelow. 26 27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 28 BEACH, VIRGINIA: 29 30 That the enlargement of the nonconforming use is hereby authorized, upon the 31 following conditions: 32 33 1. The location of the second-story addition and related exterior renovations to the 34 existing structure shall substantially conform to the submitted site plan entitled 35 "Physical Survey, 304 49th Street, A Condominium being Lot 192 Map of the 36 Hollies, M.B. 268, P. 67, Virginia Beach, Virginia", dated September 15, 2011, 37 and prepared by Gallup Surveyors and Engineers. Said site plan has been 38 exhibited to the City Council and is on file in the Planning Department. 39 40 2. The appearance of the second-story addition and related exterior renovations to 41 the existing structure shall substantially conform to the submitted rendering, 42 entitled "Christoffersen Renovations, Front Elevation, 304 49th Street, dated 43 March 30, 2012," Said rendering has been exhibited to the City Council and is 44 on file in the Planning Department. 45 46 47 48 49 50 51 3. Prior to approval of a Building Permit, the applicant shall submit documentation suitable to the Building Official that the existing foundation can structurally support the proposed second story. Adopted by the Council of the City of Virginia Beach, Virginia, on the day 2012. of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12327 R-1 June 25, 2012 LOCATION MAP Rau~- ~ ~ aF ~ ~'A8 27'x'4, ~ ~?~~~ tUT A-1 ~IPFt44X~irl i~ ,~Oi' R~4W IBi i~ Ud1E' j~'T~-Q~ MU1 Y FJ~ t~~~ 1~ FJ~f {,ua ~~ ~ 3) e~ aT1~D 3U" G ~ iPA1ER 1~~ ~AIiR~1~E ~~: ~- ~ctc~r~ ~ ~~r~ ~~~ o~ F~ S~EPffYQER ~~~ - _ - Runnymede Property ~. ~. ,/~ ~~ ryu WIC ~ ~ ~M7 ~i ? f~ }32~ PG yT9j ~9~tB ~ ~ RG 3~) GPN ,~tA6~ ~~-860 -, ~r ~~~ ~Y~ ~~~ ~~. . ~~~ 2' ~7~7~~.. ~fi Q ~ .TM 1\~LV~.V+,Ii ~=~~.~o~ ~' ..~ ~~ ,~~- Runnymede Property ~`tca- ~~f~~~~ ~~ar' ~Q'z+10` F~~f 1' ~t I~.~OCA ~D II~A iFR uA~IM tii'~'. A'.~. 3~t, P'G ~#1, ~~~ d~ .5518) DEN~JTES P4RA4!~ ~ Ct~~ELAM~b ST1~£ET T4' ~ ~I.QS~D, ~4REA ~ 34,4Q~ ~.F 0~ U.7~1} a~. N Ri~~YY~k ~ Ct~~~R~ PAPCEL 8 Z'Mf.B. y ~ 1~ ~~;~ ~~ 5EE SHEE'i' 2 OF ~ FOR CllR~E TABS €~1~IT SMOI~fN'G ~' ~~ ~~ a~~v~ ~ ~r~ ~r~~~r.~a) ~rra car t~~~ IJa. tea. 23Cl~ \NU sEl ~fi4 ~a ~ s~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of The Runnymede Corporation for the Closure of an Unimproved Portion of Cleveland Street (DISTRICT 2 - KEMPSVILLE) MEETING DATE: July 3, 2012 ^ Background: The Applicant requests closure of a 60-foot wide unimproved portion of Cleveland Street located between the existing cul-de-sac terminus of Cleveland Street west of its intersection with Clearfield Avenue and a former borrow pit (now lake) owned by the City of Virginia Beach. This section of Cleveland Street is no longer necessary for extension of the roadway across the lake to the portion of Cleveland Street on the western side of the lake. Instead of using that route to provide a connection between Witchduck Road and Newtown Road through this area of the city, the Master Transportation Plan recommends a `Flyover' of I-264 from Cleveland Street at the location of this proposed closure to Greenwich Road on the south side of I-264. This Flyover is a key component of the Newtown Strategic Growth Area (SGA) Master Plan, as well as the Pembroke SGA Implementation Plan. The Flyover will provide amulti-modal connection between the two SGAs, as well as one continuous roadway from the western edge of the Newtown SGA to the eastern edge of the Pembroke SGA, and vice-versa. ^ Considerations: The Applicant has been working with the City for three years to determine a route for the Flyover that achieves the City's goals as well as the Applicant's goal of constructing afive-story office building on its property, which is located adjacent to the right-of-way. The City has been actively negotiating with the Applicant and the three other affected property owners simultaneously, as the property transactions among Applicant, City, and each of the other affected owners are interdependent. At this point, the City has reached agreement in concept with each property owner, but satisfying contingencies at each stage will be critical in order to move forward in executing formal agreements with each of the property owners. This street closure is one of the first steps in the process. Reaching this agreement is important, because it allows the Applicant to proceed with this street closure request without compromising the City's ability to construct the Flyover. The Street Closure Viewers appointed by the City Council met, and after discussing the pertinent facts of the requested closure, concluded that there would be no public inconvenience as a result of the closure and abandonment of the right-of-way. The Runnymede Corporation Page2of3 There was no opposition to the request. Condition #2 in the Staff Report and Planning Commission minutes was modified to include that the Applicant shall dedicate a variable width permanent public utility easement and a variable width temporary construction easement along the southernmost portion of applicants adjacent parcel (GPIN 1467-55-6189). Staff recommends approval of this request with the conditions listed below. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The Applicant shall enter into an Exchange Agreement with the City to convey a portion of its property, of approximately the same size as the property subject to this street closure, to the City at no cost. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The Applicant shall dedicate a variable width permanent public utility easement and a variable width temporary construction easement along the southernmost portion of applicants adjacent parcel (GPIN 1467-55-6189), as established by the Department of Public Works and satisfactory to the City Attorney. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map The Runnymede Corporation Page3of3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~,,~~ KEMPSVILLE ~I:,h <~, ~ ~ Runn~-mede Co ~. R7.5 . `R7.5 ,' ,,.. ~ ' 62* R7.5 02 e~• ` ~t B2 ., 02 "~~° ~ 11 11 11 ~_ .a ~ , /nrs' . ` sjer9~~a 11 11 11 ~ '~,,,, It '~.` y,;:.~"„~; ~y,;y;,~~,;°;~; ^" Street Closure-portion of Clevelana street 19 June 13, 2012 Public Hearing APPLICANT: RUNNYMEDE CORP. STAFF PLANNER: Stephen J. White REQUEST: Discontinuance, closure and abandonment of the unimproved portion of the Cleveland Street right-of-way located approximately 450 feet west of the intersection of Cleveland Street and Clearfield Avenue. GPIN: ELECTION DISTRICT: SIZE OF AREA AICUZ: Adjacent to GPINs KEMPSVILLE PROPOSED FOR Less than 65 d6 DNL 1467552459 and CLOSURE: 1467556189 34,406 square feet 0.790 acres SUMMARY OF REQUEST The applicant requests closure of a 60-foot wide unimproved portion of Cleveland Street located between the existing cul-de-sac terminus of Cleveland Street west of its intersection with Clearfield Avenue and a former borrow pit (now lake) owned by the City of Virginia Beach. This section of Cleveland Street is no longer necessary for extension of the roadway across the lake to the portion of Cleveland Street on the western side of the lake. Instead of using that route to provide a connection between Witchduck Road and Newtown Road through this area of the city, the Master Transportation Plan recommends a 'Flyover' of I-264 from Cleveland Street at the location of this proposed closure to Greenwich Road on the south side of I-264. This Flyover is a key component of the Newtown Strategic Growth Area (SGA) Master Plan, as well as the Pembroke SGA Implementation Plan. The Flyover provides amulti-modal connection between the two SGAs, as well as one continuous roadway from the western edge of the Newtown SGA to the eastern edge of the Pembroke SGA, and vice-versa. The Newtown SGA Master Plan Map is provided on the following page, indicating the location of the Flyover as well as the applicant's property and the area of this requested street closure. The applicant has been working with the City for three years to determine the best route for the Flyover that achieves the City's goals as well as the applicant's goal of constructing alive-story office building on its property, which is located adjacent to the right-of-way. The City has been actively negotiating with the applicant and the three other affected property owners simultaneously, as the property transactions among applicant, City, and each of the other affected owners are interdependent. At this point, the City RUNNYMEDE CORP. Agenda Item 19 Page 1 has reached agreement in concept with each property owner, but satisfying contingencies at each stage will be critical in order to move forward in executing formal agreements with each of the property owners. This street closure is one of the first steps in the process. Reaching this agreement is important, because it allows the applicant to proceed with this street closure request without compromising the City's ability to construct the Flyover. °-~- .Y~1 ~~ `y x~ ~ `V . y, tl ..~/ ',PROPOSED FLYOVER AREA OF PROPOSED • • s CLOSURE AND ~~"' ~~ '^ `~ ~ ' ~ . _ APPLICANT'S PROPERTY yp ~ ~ ~~~ ~;,~~. ~ car , ~ a~~.~,i .a ,~ ~• Hni'o11 LRi ~ v / `g'!` 1~ 1 4~7iE4 ,~ ~ ~ ~nqq . ~ .~ 17:~ ~ ~~~,. ,i. + ue ~ Vuyui,,,..Pr1Yr ~Y l ~,, ... Y.,,... ~ „ . , ... ... ........... ~ ~ n l s. YEA ~~ f ~" ti i"~-~~'s.. _ ,Y ~~ ~~~•~ . -~:~,,y, ;~ ,. . ~„ ,'M ~vM ~ Y, Newtown Strategic Growth Area Master Plan (p. 4 of the Plan Document) LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped and vegetated SURROUNDING LAND North: . Undeveloped wooded parcel / I-1 Light Industrial District USE AND ZONING: South: . Undeveloped wood parcel / I-1 Light Industrial District East: . Improved Cleveland Street Industrial and office buildings / I-1 Light Industrial District West: . I-264 • Lake (former borrow pit) / O-2 Office District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is grass field and wooded. RUNNYMEDE CORP. Agenda Item 19 Page 2 ~.,~~.-_ x~L :~j IMPACT ON CITY SERVICES WATER: A 30-inch water line crosses the right-of-way proposed for closure. As noted on the street closure plat, the water line will be relocated. The applicant has submitted a site plan to the Development Services Center for the development of a mid-rise office building on the applicant's property and the area of the right-of- way proposed for closure. To provide for the development of permanent structures on the site, the plan depicts relocation of the water line. PRIVATE UTILITIES: Dominion Power, Hampton Roads Sanitation District, and Virginia Natural Gas have no objections to the proposed street closure. EVALUATION AND RECOMMENDATION Previous attempts to close this right-of-way have failed, because the right-of-way was needed for widening of I-264, needed for access to the lake for maintenance, or shown on the Master Transportation Plan (MTP) as continuing across the lake to the portion of Cleveland Street west of the lake. The current request, however, does not face any of those issues. Changes in the MTP during the 2009 Comprehensive Plan update, as well as three years of negotiations between the City, the applicant, and three other property owners in the area, has reduced the public's need for this right-of-way. The MTP no longer includes the extension of Cleveland Street across the lake to the west side as the means of introducing a new connection between Independence Boulevard and Newtown Road. Instead, the MTP recommends the extension of Cleveland Street as a Flyover that crosses I-264 and then links with Greenwich Road on the south side of I-264. On the north side of I-264, the design of the Flyover has a curvature that necessitates the roadway being north of the area proposed for closure. That area is now owned by the City, which eliminates the critical nature of the subject right-of-way to the City's long-range transportation system. The Viewers met, and after discussing the pertinent facts of the requested closure, concluded that there would be no public inconvenience as a result of the closure and abandonment of the right-of-way. Based on the fact that the right-of-way requested for closure is no longer critical to the implementation of the Master Transportation Plan, as well as the determination of the Viewers, Staff recommends approval of this request with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The applicant shall enter into an Exchange Agreement with the City to convey a portion of its property, of approximately the same size as the property subject to this street closure, to the City at no cost. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. RUNNYMEDE CORP. Agenda Item 19 Page 3 Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. RUNNYMEDE CORP. Agenda Item 19 Page 4 ^ PiRtorneiry ~~ a N ~ ~ ~ ~ r~i ~ .~ ` m AERIAL OF SITE LOCATION RUNNYMEDE CORP. , Agenda Item 19 ' Page 5 4 ~~ N/{ ~ /1pMAN rA n+alc apo€~ GM' MGNMpNO $ (OB. 2774, PG, 2113} ~ LOT A~al W ~~ (M.B 191, PC. OD) ~ v+~ GPMI /1467_36_ 711! ~ ~ u+,, ~+~'~, /` APPBOXIMAif Jp' RAW WAICB IINC "` ry ~' . ,s~'" B7DHl~'Of-~WAY DI' UN.9'CCtT'ICD N~IH ~ r ~"" (M.B. I60, PG. J) BftND BfLOCAtCB ~ ~~ JO" CUNf.PCrE WATfl7 ~ 6!!N SCPANAlC DGUMfNi. »s ar,"~ UNf Ctfl0 IOCAlFO ~ VAHIABLf N4DTN DPAtNAG'f fASFMfHT ,.u BY MSA, PC. ON ytl ~ (U,B. 2976, PC. 166D), (M~B. 216, PD. 71) Sfpi{'MBF'R ?I, 1D07, ~ ~+ N~' R""10.U0' ~, dTY DF YA BCAGN ~ t..:19.7\ ti '~ (M15TB. 20110?040001141.10) (WSlN, 2D11D1D3000t1J36DJ I ~~ NO CWN itfF'FRfNCC N ~~ ~ a4~ga601 +~ iHf NUNNYMfUf CDRPpRAflpN ^.J'~ (D,B. ?777, PG. 111) w~, RfMAMlUCN Of LDT 1-A + ~ ~ ~ ~ ~ ',.'t"~,:- (IN5pP.1011U70.lD901?JJ60) ~` ~~1'`"-`~"~ %' •. CPIN /IAfi 7-55=2459 ~;,~~- ~ ~ i,~ _~..~- ' / ' u ' S ~ - ~ ~ ~ ~.,...:-"_ ~"~ ~QQ" Ly ~I ~,. ~ ,B~ RC5fRVA p0N STRtP ~l16, PC 47).. ~ fdt SlRFFI NTUCNING ' NE VACAlEb M11N ~, - '""c.la.'.l `. SUDOiN510N PLAT ~ N/F CLfVELANp 5rBECT IS """ dri ~ NRGfNIA BEACH 'A' I' LD5fD (p B. 1313, Pc. Il1f) ~ ~ (M.B, 76, Pc. Jr) ~Iqy trPiN /u6>-4s-665D /~wr, ~'~ ~rA, ~~ ,'~'~~ AYI~j~ J!' Jlri 30'R40' FAS€MfNT TfA? BFLf7CAlFp WAifN MAM ~~------ N~ (p.B li08, PC. 130) 11(E RL4rNYMfOf C1MPUlfAT10N (HWY. P.B. JA, PC. 351, J51A k 3518) PARCf4 B (M.B. 116, pG. 4?) ~ i StREEt $ 0 BE OCNL05EOCLEVElANO CP1N /1461-99-6169 ~ " AREA w 34,409 S. F. OR 0.790 AC. 5EE SHEET 1 OF 1 FC1lt CURVE tABt.E 4-x~110N N9VNNG A FgRna~ of CLEVELAND S1REEi ro Df c~osfo (M. B. 116, PG 41J NPGINIA BEACH, NBGMIIA MANCH 30, 2p11 ~.I.w~~~ ~ C. ~. I"nmxnumd "4kfrw P4w,x4t ti ni,ry w kli~N kdF gµwx~ Iwtkwl4 A, r.,..:,. i=f 10~ 1i Num Ih ~i puo~NuKA VA ald~-z 1~iawr pznd ~+ri:~ Y57 dwi +x+a t~ a„ Ink + ~ l09d 0@t'il IONEtl: ii OAtT: 3-JO-t1 SCAIp: 1'»tOtl' DNN ®Y CJS 5M€Et 1 OF 2 PROPOSED SITE PLAN RUNNYMEDE CORP. Agenda Item 19 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 11/14/83 Street Closure Denied 07/02/91 Street Closure Denied 2 10/23/01 Conditional Use Permit (motor vehicle Granted 10/24/06 sales) Granted Modification of Conditions 10/24/06 Zoning Change (R-7.5 to conditional B-2) Granted 05/23/88 Conditional Use Permit (auto sales and repair) 05/25/93 Conditional Use Permit (parking and Granted storage in connection with sales and repair of motor vehicles) Granted 3 01/11/05 Zonin Chan a (R-7.5 to conditional B-2) Granted RUNNYMEDE CORP. Agenda Item 19 Page 7 ' ~oninrf,vid~ a:on~fiti. na Proffers. fJf"eft Stl'PQf C{OSlli'P - (1C)Y~lOli (7f Cj2V2/r7f7C/ S1MPPf 4tr ice F'rontorA?n M f'C~H•1 +:)verlsye z 0 a 0 a v F WW PG H ®ISCLUSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. Liet the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if naceasaryJ The Runnymede Corporation, Andrew s. Fine, President; Morrill H, Fine, $acretary; Mlahael J. Barrett, CEQ 2, List ail businesses that have aparent-subsidiary' or affiliated business entity relationship with the applioant; (,Attach fist it necessary) Boltmeadow Bay L.t,C; Rosemont Interotete Center LLC; Pavilion Center Associekes i.L,C ®Check here if the applicant Is NOT a oorporatlon, partnership, firm, business, or other unincorporated organization. PRORERTY OWNER DISCLOSURE Complete this section only if property owner !s different from applicant, If the property owner Is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the property owner Hama followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if rracessary) same 2, list all businesses that have aparent--subsidiary' or affiliated business sntity2 relationship with the appiicank~ (Attach list if necessary) same Check here if the property owner is NOT a corporation, partnership, firm, business, or other uninoorporated organization. 8, See nest page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes [,~ Nv If yes, what is the name of the official or employee and the nature of their interest? Street Closure Appllcstton DISCLOSURE STATEMENT RUNNYMEDE CORP. Agenda Item 19 Page 8 DISCLOSURE STATEMENT ApDITIONAL DIBGLta$tJREB 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 Isgal services; (Attach list if necessary) MSA P.C.' L alland Associates, AIA ' "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. ~ °Affiiiated business entity relationship" moans "a relationship, other than parent- subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (iq a controlling owner in one entity is also a controlling owner in the other entity, or (III) there la shared management or control between the business entities. Factors that should be considered in determining the existence of an aftiUated 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 ackivitiea, resources or personnel on a regular basis; or there fa otherwise a close working relationship between the entities." Sae State and Local t3ovamment Conflict of Interests Act, Va. Coda § 2.2-3101. twERTIFICATION: t certify that the in}ormation 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 roqulred sign on the subject property at least 30 days prior to the scheduled public hearing according tc the instructions In this packag®. The andersigned also consents tc entry upon the subject property by emplcyees of the popartment of Planning to photogreph an view the site for purposes of processing and svalueting this application. Michael J. Berrott Applicant's Sign tur Print Name Property Ownar'a Signature (If dlfleront than applicant) Print Name 8troat Clpawa App~lcatlan PMP 11 rt1 1 t z 0 a, O E~ N w DISCLOSURE STATEMENT RUNNYMEDE CORP. Agenda Item 19 Page 9 Item # 19 Runnymede Corporation Discontinuance, closure and abandonment of the unimproved portion of Cleveland Street right-of--way located approximately 450 feet west of the Intersection of Cleveland Street and Clearfield Avenue District 2 Kempsville June 13, 2012 CONSENT An application of the Runnymede Corporation for a discontinuance, closure and abandonment of the unimproved portion of Cleveland Street right-of--way located approximately 454 feet west of the intersection of Cleveland Street and Clearfield Avenue, District 2, Kempsville. GPII~T: Adjacent to GPINs 1467552459 and 1467556189. C4NDITI4NS 1. The City Attorney's Off ce will make the final determination regarding ownership of the underlying fee. The applicant shall enter into an Exchange Agreement with the City to convey a portion of its property, of approximately the same size as the property subject to this street closure, to the City at no cost. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of--way proposed far closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of--way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-af--way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of--way this approval shall be considered null and void. Item # 19 Runnymede Corporation Page'? NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet atl applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department forr crime prevention .techniques and Crime Prevention Through Environmental Design (CP7'ED) concepts and strategies as they pertain to this site. AYE 9 BERNAS AYE FELTON HENLEY AYE I~ODGSON AYE I~ORSLEY AYE LIVAS AYE ItEI)MOND AYE I2IPLEY AYE RUCINSI{I AYE RUSSO AYE THORNTON NAY Q ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item l 9 by consent. Michael Barrett appeared before the Commission on behalf of the applicant. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE APPROVING APPLICATION OF THE RUNNYMEDE CORPORATION FOR THE CLOSURE OF AN UNIMPROVED PORTION OF CLEVELAND STREET WHEREAS, The Runnymede Corporation (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described unimproved right-of-way discontinued, closed, and vacated; WHEREAS, the City needs to acquire additional property in connection with the Greenwich Road/Cleveland Street Crossover (CIP 2-401) from Applicant; WHEREAS, the City and Applicant are currently negotiating an Exchange Agreement in which the City will convey to Applicant the closed right-of-way in exchange for a portion of the Applicant's property; and WHEREAS, it is the judgment of the Council that said unimproved right-of- way be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I 26 That the hereinafter described 27 closed and vacated, subject to certain condi 28 from City Council's adoption of this ordinance: 29 unimproved right-of-way be discontinued, tions being met on or before one (1) year 30 All that certain piece or parcel of land situate, lying and being 31 in the City of Virginia Beach, Virginia, designated and 32 described as the shaded area, described as "DENOTES 33 PORTION OF CLEVELAND STREET TO BE CLOSED, 34 AREA = 34,406 S.F. OR 0.790 AC.",as shown on that certain 35 plat entitled: "EXHIBIT SHOWING A PORTION OF 36 CLEVELAND STREET TO BE CLOSED (M.B. 116, PG. 42) 37 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 100', dated March 38 30, 2012, prepared by MSA, P.C., a copy of which is 39 attached hereto as Exhibit A. 40 41 NO GPIN (RIGHT-OF-WAY) i 42 SECTION II 43 44 The following conditions must be met on or before one (1) year from City 45 Council's adoption of this ordinance: 46 47 1. The City Attorney's Office will make the final determination 48 regarding ownership of the underlying fee. The Applicant shall enter into an Exchange 49 Agreement with the City to convey a portion of its property, of approximately the same 50 size as the property subject to this street closure, to the City at no cost. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot 53 lines to incorporate the closed area into the adjoining parcels. The Applicant shall 54 dedicate a variable width permanent public utility easement and a variable width 55 temporary construction easement along the southernmost portion of applicants adjacent 56 parcel (GPIN 1467-55-6189), as established by the Department of Public Works and 57 satisfactory to the City Attorney. The plat must be submitted and approved for 58 recordation prior to final street closure approval. 59 60 3. The Applicant shall verify that no private utilities exist within the 61 right-of-way proposed for closure. Preliminary comments from the utility companies 62 indicate that there are no private utilities within the right-of-way proposed for closure. If 63 private utilities do exist, easements satisfactory to the utility company must be provided. 64 65 4. Closure of the right-of-way shall be contingent upon compliance 66 with the above stated conditions within 365 days of approval by City Council. If the 67 conditions noted above are not accomplished and the final plat is not approved within 68 one year of the City Council vote to close the right-of-way this approval shall be 69 considered null and void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before July 2, 2013, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before July 2, 2013, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 7g 3. The City Manager or his designee is authorized to execute whatever 80 documents are necessary to convey the City's interest in the underlying fee to 81 Runnymede in accordance with the Exchange Agreement provided said documents are 82 approved by the City Attorney's Office. 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 87 OF VIRGINIA BEACH as "Grantor" and THE RUNNYMEDE CORPORATION, as 88 "Grantee." 89 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this 91 day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ~~ / j City Attorney CA11978 R-1 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D020\P013\00024567.DOC June 25, 2012 3 APPROVED AS TO CONTENT: N~ `o' 1 ^~ •+ r ~' J !, ~ O D a 1 ~' D ~~ ~ ~ -~ D ~ ira Q ~-, I?; IV D, c--- r' ~ Up~~, N ,. D • ~` ~' ~ . , ~ ~., ~ ~.~ ,~ N ~Y:f '~V ~ ~ ~~ ~;~ ~~ ~ ~ .;~ ~~. ~ G} - ti ~ \ ~ G7 \4 ~ \ ~y ,4 \ \ \`\,~.n\, ~ v ~~~ ~- \\ ~~ _ ~\ . ~'~ Dn Y • ~1 Dn Y I ~ D -~ ~, ~ N -,,~ .___ --_ ~ ~~ `~~ , -: I~ 3 v ~ 7 Z F~1 ^ `• ~, rn v~mu °e'cti i ~^ aY f~~ ~~; i .-„- s, 44i`~~~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: U.S. FISH AND WILDLIFE SERVICE/MELVA W. BROWN, Subdivision Variance, 3652 Muddy Creek Road (GPIN 2422211163) PRINCESS ANNE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The subject site is zoned AG-1 and AG-2 Agriculture, is undeveloped, and contains 35.344 acres. It is the intent of the property owner to convey an 18.040 acre portion of the site (identified as Parcel 2A on the subdivision plat on page 5 of the attached report) to the U.S. Fish and Wildlife Service. The conveyed area will be added to the Back Bay National Wildlife Refuge. ^ Considerations: The portion of the site to be conveyed is located entirely within the "floodplain subject to special restrictions," as defined in Section 5B of the Site Plan Ordinance. The Zoning Ordinance does not permit the area of a parcel located within the "floodplain subject to special restrictions" to count towards minimum lot area requirements. If this site was not located within the flood plain subject to special restrictions the site would readily exceed the minimum lot requirements. The subject site, however, does not have any lot width or lot area due to the floodplain. Accordingly, the applicant is seeking a variance to Section 4.4(b) of the Subdivision Ordinance, which requires all new lots to meet the requirements of the Zoning Ordinance. Specifically, the applicant seeks a variance to the minimum lot width and lot area requirements. As the subject parcel is being conveyed to the U.S. Fish and Wildlife Service for the purpose of land conservation, it will be labeled on the plat as "Not a Building Site." This is consistent with the Comprehensive Plan's Environmental Stewardship recommendations regarding development activity within floodplains. A second parcel, identified as 2B on the subdivision plat, is being created as a residential lot. This parcel has sufficient area outside of the "floodplain subject to special restrictions" to meet minimum lot requirements. It is not included in this variance request. There was no opposition to the request. U.S. Fish and Wildlife Service Page2of2 ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following condition: The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Subdivision Plan of Parcel 2 (Instr. No. 200305280082016), Property of Melva W. Brown (D.B. 4499, Pg. 500, M.B. 2, Pg. 34), Virginia Beach, Virginia," dated December 3, 2011, prepared by Woolpert. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. ~ l~. - ~'~. 'v PRINCESS ANNE *1 ~. T. l..L ~.l •11a.11 a.. C..... ~:.... n~>, niae i1..7. r tau anu v• „uia.c .7u ..~ a ~l;~b~» ^' ~ r;- AG3 ~ ` AG1 _. _ AG1 -AG2 ~ ., 7L'4RT RD I ~, Asz aG q AGZ i; ~ ~. ~ - AG2 W , , ~~4 -- A !' s AG2 c AG2 AG1 { ~_ /AG1 AG2 AG2 ` ' ~ , ~~ ' i' SUDtllYl5107I Y01'HIIC! 10 DATE Public Hearing APPLICANT: U.S. FISH AND WILDLIFE SERVICE PROPERTY OWNER: MELVA W. BROWN STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS /DESCRIPTION: 3620 Muddy Creek Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2422-21-1163-0000 Princess Anne 35.344 Acres Less than 65 dB DNL The subject site is undeveloped and contains 35.344 acres. SUMMARY OF REQUEST It is the intent of the property owner to convey an 18.040 acre portion (Parcel 2A) of the site to the U.S. Fish and Wildlife Service for an addition to the Back Bay National Wildlife Refuge. The portion of the site to be conveyed is located entirely within the flood plain subject to special restrictions. The Zoning Ordinance does not permit the area within the flood plain subject to special restrictions to count towards minimum lot requirements. Therefore, the site technically does not have any lot width or lot area and a variance is required to the minimum lot width and lot area requirements. If this site was not located within the flood plain subject to special restrictions the site would readily exceed the minimum lot requirements. Parcel 2B as shown on the submitted preliminary subdivision plan is being created as a residential lot. This parcel has sufficient area outside of the flood plain subject to special restrictions to meet minimum lot requirements and is not part of this request. jtgpl Parcel 2B Lot Width in feet 150 0* 638.62'"' Lot Area ins uare feet One acre 0'' 18.040"" "Variance required (aue to the nooo pram suo~ect to special resuicuons~ **Actual U.S. FISH AND WILDLIFE SfRV1~CE Agenda Item 10 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: Stuart Road /Cultivated fields / AG-1 and AG-2 Agricultural USE AND ZONING: Districts South: . Forested / AG-1 and AG-2 Agricultural Districts East: Muddy Creek Road /Single-family homes /Forested / AG-1 and AG-2 Agricultural Districts West: Forested / AG-1 and AG-2 Agricultural Districts NATURAL RESOURCE AND The site is located within the flood plain subject to special restrictions. CULTURAL FEATURES: The front portion of the site is primarily in cultivation with the rear portion being forested. A small pond is located within the forested portion of the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth. The subject parcel is to be acquired by the U.S. Fish and Wildlife Service for the purpose of land conservation and is identified as "Not a Building Site." This is consistent with the Comprehensive Plan's Environmental Stewardship recommendations regarding development activity within floodplains. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance: U.S. FISH AND WILDLIFE SERVICE Agenda Item 10 Page 2 EVALUATION AND RECOMMENDATION The proposed subdivision variance request is acceptable. The subject site is located entirely within the flood plain subject to special restrictions. The applicant is requesting to create a parcel to be conveyed to the U.S. Fish and Wildlife Service for the purpose of land conservation. This is consistent with the Comprehensive Plan's Environmental Stewardship recommendations regarding development activity within floodplains. Staff recommends approval of this request with the below condition. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Subdivision Plan of Parcel 2 (Instr. No. 200305280082016), Property of Melva W. Brown (D.B. 4499, Pg. 500, M.B. 2, Pg. 34), Virginia Beach, Virginia," dated December 3, 2011, prepared by Woolpert. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Offce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ~. U.S. FISH AND WILDLIFE SfRVlCE t4genda Item 10 Page 3 A,~ ,n ,i i ~..~v~~f ~ .i~r }r'~ . is i 7.. 'f YI~~ ~~ ~ y. ~'" '~:.~t,. _,: ~ ~£'bii'..:x AERIAL OF SITE LOCATION ~ U.S. FISH AND WILDLIFE SERVICE ~ ~~ ~~ Agenda Item 10 Page 4 ,` ~ , ~~~ ~ ~ r ~.r - .nN' ~. N :~ JI ~1!^T ~ y l~~."y ' ~ " ~~ ' ~ ' ~ ~ , f ~ i ~ ~ ~ ~ . ,t . ;~, .M /, .~ ~ ~~rt ^ oowuut ~.ru M b / / / ~ i / /' 1' PROPOSED SUBDIVISION Pl ,7 U.S. FISH AND WILDLIFE SERVICE ''~~ Agenda Item 10 ~~~ Page 5 ~~~? '~~a ~i..'' ,,~ ,;, o~- PRINCESS ANNE TT C T~~. 1. .~Y. ~~ t~~i~li~i~n CAh~'1L~ ~ 1-~ ~) t to Sea -C ~ ` ~: _~ ' ~ AG1 r <, AG2 r AG1 AG2 ~1 AG2 A AG2 ,r ~"~ G1 ~; ~,a° a Subdivision Variance ZONING HISTORY # DATE REQUEST ACTION 1 06/14/2011 Use Permit ridin academ A roved V ~IJ• 1' 111 ClllU r • 11~lllll\, 1/~.i r avv A ~- ~ ;I5 AG1 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) U.S. Fish and Wildlife Service 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) N/A ~ Check here rf 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 irom 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) Melva W. Brown 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list ifnecessary) N/A ^~ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interesi in the subject land? Yes g No If yes, what is the name of the official or employee and the nature of their interest? Subdivision Variance AppGcaliai Page g of 10 Revised 311 t/08 z 0 a a w V O cn A DISCLOSURE STATEMENT U.S. FISH AND WILDLIFE SERVICE Agenda Iterrl 10 - Page 7 O V ..-. a oa w V z 0 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) Woolpert, Inc. GET Solutions, Inc. (Miller-Stephenson 8 Associates) Bridge Trust Title Group (formerly Pioneer Title) ' "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 corporaiion." 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 Gose 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 natlfication {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 empbyees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Judy G. Beale Print Name Please sae attached Option to Pun7iase Property Owners Signature (rf different than applicant) Print Name Subtlivision Variance ArpiiCation Page 10 of 10 Revised 7/112006 DISCLOSURE STATEMENT U.S. FISH AND WILDLIFE SERVICE Agenda Item 10 Page 8 Item # 10 U.S. Fish and Wildlife Service Subdivision Variance 3629 Muddy Creek Road District 7 Princess Anne June 13, 2012 CONSENT An application of the U.S. Fish and Wildlife Service for a subdivision variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 3620 Muddy Creek Road, District 7, Princess Anne. GPIN: 2422-21-1163-0000. CONDITIONS The site shall be developed substantially in accordance with the submitted subdivision plan entitled "Preliminary Subdivision Plan of Parcel 2 (Instr. No. 200305280082016), Property of Melva W. Brown (D.B. 4499, Pg. 500, M.B. 2, Pg. 34), Virginia Beach, Virginia," dated December 3, 2011, prepared by Woolpert. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE Item # 10 U.S. Fish and Wildlife Service Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 10 by consent. Sally Gall appeared before the Commission on behalf of the applicant. ~~N n O ~~. o~ o~ on ~o o ;; o N N b oa ~~ .. N N ~J '3 tp C r n ~. n ~~ m ,~ ..~ 'r N C rn y I 1 I 1 1 ~n~~, S~ ~ o ~, r~ > (~'a .`i`~v~J~j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MOORE FARM, L.L.L.P., Conditional Use Permit, child care center, 925 Diamond Springs Road (GPIN 1468357321). KEMPSVILLE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow use of the site for a childcare facility. The site is zoned Conditional B-1A Business, and has a 2,235 square foot building that has been used in the past as a bank and a dry cleaning establishment. ^ Considerations: The applicant proposes to convert the existing building into a childcare center. The submitted site plan depicts the building, canopy, parking, and landscaped areas. There are no changes proposed for the site or building, with the exception of an outdoor play area, which is required by the Department of Social Services. The facility will care for children aged 6 weeks old to 12 years old. The hours of operation will be Monday through Friday, 5:30 am to 6:30 pm. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department, the Fire Department, and the Department of Social Services before operation of the facility and a business license is issued. 2. Signage for the site is limited to a freestanding monument style sign, no more than eight feet in height. The applicant may utilize the existing sign base. Building signage is limited to that which is permitted in the City Zoning Ordinance. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Moore Farm, LLLP Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ k ~m~ ncmrsv~~~c r,a . ~'-s Moore Farm, L.L.L.P. ~~ ~~ s.a~ a: - •~, ~ ,~- - j11 _ ; ~ R10 ~ 82 ~ ' 'fD ~ t;.'~ -~ , ~. ~, l ~ . ~t. -; ~ ~~ ~ 01, l' R10 ~ `, ~ ~ ` ~g i ~~ ,~ _ c ~`°-- ~" Rio ~ _ ,~: t ~~ (i ~ , J AA ~ ~ t A12* 1 ~ ~, 62'; ``~: t ~ t `k . ~ ;~ ,ll ` ~ i '1 . , ,. J-~ -`~' ~ R10 'za"'"a rbh Cvwtl1sni~1p~^"'~0ji"' CLP-~Chlld Care Cmier s,.... v.oma;....ron•t a..rr. 18 June 13, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: MOORE FARM, L. L. L. P. STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (Childcare) ADDRESS /DESCRIPTION: 925 Diamond Springs Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14683573210000 KEMPSVILLE .8194 acre Less than 65 d6 DNL The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of the site for a childcare facility. The applicant proposes to convert the existing 2,235 square foot building into a childcare center. The facility will care for children aged six weeks old to 12 years old. The hours of operation will be Monday through Friday, 5:30 am to 6:30 pm. The submitted site plan depicts the building, canopy, parking, and landscaped areas. There are no changes proposed for the site or building, with the exception of an outdoor play area, which is required by the Department of Social Services. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied with a single story building, parking, and landscaped areas. The site is zoned B-1A Business. SURROUNDING LAND North: Housing for Seniors / O-1 Office MOORE FARM, L.L.L.P. Agenda Item 18 Page 1 USE AND ZONING: Wesleyan Drive and Diamond Springs Road South: Across the intersection is Walgreen's Drugstore / B-2 Business • Diamond Springs Road East: . Across the roadway are retail uses / B-2 Business West: . Housing for Seniors / R-10 Residential NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: Suburban Area The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non- residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road adjacent to this request is a four-lane divided minor suburban arterial. The Master Transportation Plan proposes asix-lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Loss Of Service C or better. Wesleyan Drive adjacent to this request is a four-lane divided minor urban arterial. The Master Transportation Plan proposes afour-lane facility within a 110 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a borderline Loss Of Service C/D. No roadway Capital Improvement Program projects are slated for this area. Traffic Engineering was not able to produce an existing trip generation volume for the site. The ITE Trip Generation manual does not contain study information for a dry cleaning service or any land use compatible to dry cleaning. Traffic Engineering highly recommends that the applicant devise and execute a well organized parent drop-off /pick-up system for efficient on-site circulation. The basis for the system would be to eliminate the possibility for vehicle overflow onto the adjacent streets. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Diamond Springs 19,652 ADT 30,600 ADT Existing Land Use - 0 Road ADT ADT' Proposed Land Use s-182 ADT (28 AM Peak Hour, 29 PM Peak Hour MOORE FARM, L.L.P. Agenda Item 18 Page 2 Average Daily Trips s as defined by a vacant building s as defined by a 2,290 square foot child care facility WATER and SEWER: The site is connected to City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposed childcare use within the existing building is generally consistent with the land use policies set forth in the Comprehensive Plan for the Suburban Area, and will provide a convenient service to the surrounding neighborhood. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department, the Fire Department, and the Department of Social Services before operation of the facility and a business license is issued. 2. Signage for the site is limited to a freestanding monument style sign, no more than eight feet in height. The applicant may utilize the existing sign base. Building signage is limited to that which is permitted in the City Zoning Ordinance. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. MOORE FARM, L.L.L.P. Agenda Item. ;18 Page.. 3 AERIAL OF SITE LOCATION MOORE ~.~!. 'ARM, L.L.L.P. '`$ agenda Item 18 Page 4 ~. i ~~~ . e. en - I ro p ]2xY~ ~`µx~d'E 69 ]y.nn65 °~R ~ ~"' N ~ l+ ~~ x a 0 a N i i c PROPOSED SITE PLAN MOORE FARM, L.L.L.P. Agenda Item 18 ~ y Page 5 5 .. ,,, ~ ~ ~ < ~~.T~F.,.p1fF N 4~''m,.~,a( j r ~- / ., ° ~ kY ~ ~ ~ '1 ga ~ i ~ / ~ ~ ~~ ~_e~` 1f~ }y fl .••rv+'..~" " ~ I S CI ~ i ~..~. ~.. ~_. I -_.-i i i i E 1ty ~ i 1 ~~ ~ ~ a ~ ~x i'I a ,~0~ ~m ^~ ''g 1 I ! +; u - ' ~ _ ~ ads- f ~ ~ ti s ~ I~ ~. - _ - ~ S -e_ I I ti ,~ A e r ``~ I I ~sI~ t+ _ ~e I / B . fM y •bb~1 3^Ib0 Ny~3 \~0~3 ~ie~,`-.., , ~S3M wry; n w C' U J W ~` U Q ~^ a KEMPSVILLE ,. ,r _ _ _ r._ _____ t r t ~ ~_•_~ tto~ ~=~~ <:~~, R~ 0 1V1VV1G i`Q1111~ L.L.L.l. t R10 l i ~ rte"- ~^~ ~ V ~~, n ~ W ~-~ I r ,, ~. 7 ~^ ._ .. -, y ~ -, ~_. ~,- _ ~ ~ - _, 4 k ~t 1, Gl ~-~ ~z 1r~ - - 1 I ~~''^^~~ ~ ~ f 1' ~~k~ ~. 't ~~A ~QBa~ _ i V~'~~ ~~*.. 10 " Zonin y with Condilions~Proffers. Open Space Promotion or PDH•2 Overlays CUP -Child Care Cenfer ZONING HISTORY # DATE REQUEST ACTION 1 3/14/00 Rezoning (O-1 Office to B1-A Limited Business) Approved 6/23/98 Conditional Use Permit (Nursing Home) Approved 4/30/90 Rezoning (R-10 Residential to O-1 Office) Approved 9/6/88 Rezoning (R-10 Residential to O-1 Office) and Conditional Use Permit Approved (Home for Seniors) 1/14/88 Rezonin R-10 Residential to B-2 Business Denied 2 10/26/99 Rezonin R-10 Residential to B-2 Business A roved 3 12/7/04 Rezoning (R-10 Residential to PDH2 Planned Development (A-12 Approved A artment 4 3/7/00 Conditional Use Permit (Automobile Service Station -Fuel Sales) Approved 1/26/99 Rezonin R-10 Residential to Conditional B-2 Business A roved MOORE FARM, L.L. L.P. Agenda Item 18 ~ Pa , ge 6 } ~ ' . .' ' P ' 9 U R . . .,,s N F', '.' 1pj-~„~._ y„-.ae 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) Moore Farm LLLP. General Partners: John G. Williams and Mary M. Williams. Limned Partners: John G. Williams, Mary M. Williams and Virginia W. Garbarini 0 2. List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) None 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) Applicant is property owner. 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official ore oyee of 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? Condkionel Use Permit AppBcetion Pape B of 10 Revised 7/3M007 ~~y .-~-~ W W cn Iz 0 0 V DISCLOSURE STATEMENT MOORE FARM, L.L.L.P. Agenda Item 18 Page 7 O W w z 0 0 V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respec# 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) - Property owner is the applicant; lessee will engage any contractors or businesses. - Willcox & Savage. P.C. provides legal services to owner. a - S.L. Nusbaum Realty Co. provides real estate services to owner. ~ "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 dose working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein Is true and accurate. I understand that, upon receipt of notification (postcard) that the application hae 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 instnlctions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photogre hand view the site for purposes of processing and evaluating this appliption. MOORE RM LP By:~j~,,~, ~j, (~/,,~,~,c<.~ John G. Williams, Mary M. Williams, General Pa n g Appli S Print Name same Property Owner's Signature (if different than applicant) Print Name CondlUonal Use Pernik Appllcallon Rape 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT MOORE fARM, L.L.L.P. Agenda Item 18 Page 8 Item # 18 Moore Farm, L.L.L.P. Conditional Use Permit 925 Diamond Springs Road District 2 Kempsville June 13, 2012 CONSENT An application of Moore Farm, L.L.L.P. for a Conditional use Permit for a childcare on property located at 925 Diamond Springs Road, District 2, Kempsville. GPIN: 14683573210000. CONDITIONS The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department, the Fire Department, and the Department of Social Services before operation of the facility and a business license is issued. 2 Signage for the site is limited to a freestanding monument style sign, no more than eight feet in height. The applicant may utilize the existing sign base. Building signage is limited to that which is permitted in the City Zoning Ordinance. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 Item # 18 Moore Farm, L.L.L.P. Page 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 18 by consent. Warren Tisdale appeared before the Commission on behalf of the applicant. a v rn 0 c~ N ~, c~ ;I 'J y i i ~w"eF,',,~~,y ~~ ~ ~~ ~~~ ~5 ^ s~ i; ~ rj v ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELLEN R. HANCOCK, Conditional Use Permit, residential kennel, 5520 Aurora Drive (GPIN 1469356312). BAYSIDE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow up to five dogs in a residential single-family dwelling. The applicant owns three dogs. Recently, the applicant's daughter and son-in-law moved from New Jersey to live with the applicant and to assist her with the activities of daily life. The move from New Jersey included two dogs owned by the applicant's daughter and son-in-law. ^ Considerations: The Zoning Ordinance requires a Conditional Use Permit for a residential kennel if an owner has more than four dogs. The dogs range in age from 3 to 14 years, and the applicant does not plan on breeding any of the dogs. Four of the five dogs are smaller breeds (Shih Tzu, Pomeranian, Pekingese, and Cocker Spaniel), and the largest is a Labrador Retriever. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot, except in those cases where the animals are kept in soundproof, air-conditioned buildings. The applicant's dogs are kept inside the home except when the applicants are present in the back yard with them. The majority of the time, the dogs remain inside the dwelling; however, a fenced in yard provides a safe outdoor area for the dogs. There have been no concerns or disturbances pertaining to the dogs reported to either the Zoning Division or to Animal Control. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. No more than five adult dogs shall reside at the property at any time. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. Ellen R. Hancock Page2of2 3. The dogs shall be current on all required immunizations and shall be properly licensed through the City of Virginia Beach. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: S k •~ ~~ lAY81DE ~~• ~ ~~-3 Ellen P. Hancock .- .- ~ ~ ,~. ~.___~_ ~.--~ ~' ~ ~ 'R7.5~. ~ ~" _ ~ 1 y ~~- ~~ _ -~ - ,~.r _~ ~ ~ `~, I~, ,. ~:3' ~ i , i , ~ / ~ _"A l.- p~ C 1 , i 1 ~k~ ~ ti d --~- ~ " ~ _ ,.. ,._ ,.. ~t , . _ _ - R1 ~I CUP Ior Residential Kenne! 3 June 13, 2012 Public Hearing APPLICANT & PROPERTY OWNER: ELLEN R. HANCOCK STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (residential kennel) ADDRESS /DESCRIPTION: 5520 Aurora Drive GPIN: ELECTION DISTRICT: SITE SIZE: 14693563120000 BAYSIDE 7,800 square feet AICUZ: Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow up to SUMMARY OF REQUEST five dogs in a residential single-family dwelling. The applicant is elderly and recently her daughter and son-in-law have moved in to assist her. The daughter brought with her, in her move from New Jersey, two dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel for more four adult dogs. LAND USE AND PLAN INFORMATION EXISTING LAND USE: single-family dwelling SURROUNDING LAND North: Single-family dwellings / R-7.5 Residential District USE AND ZONING: South: Aurora Drive • Single-family dwellings / R-7.5 Residential District East: Single-family dwellings / R-7.5 Residential District West: . Janke Road ELLEN R. HANCOCK Agenda Item 3 Page 1 • Single-family homes / R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental or cultural resources on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this parcel as within the Suburban Area. The Plan recommends that all either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES There are no expected impacts to City services. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. As the applicant is in need of home care, her daughter and son-in-law have relocated to Virginia Beach to assist her. Ms. Hancock has three dogs and her daughter brought with her two dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel whenever a homeowner has more than four dogs. The dogs range in age from three to fourteen years and the applicant does not plan on breeding any of the dogs. Four of the five dogs are smaller breeds (Shih Tzu, Pomeranian, Pekingese, and Cocker Spaniel) and the largest is a Labrador Retriever. Section 223 of the Zoning Ordinance which regulates this type of activity requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings. The applicants' dogs are kept inside the home except when the applicants are present in the back yard with them. The majority of the time, the dogs remain inside the dwelling; however, a fenced in yard provides a safe outdoor area for the dogs. No concerns or disturbances have been reported to either the Zoning Division or to Animal Control. CONDITIONS 1. No more than five adult dogs shall reside at the property at any time. ELLENR.' HANCOCK Agenda Item 3 Page 2 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. The dogs shall maintain all required shots and shall be properly licensed through the City of Virginia Beach. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department ofPlanning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. „ ._ .. ELLEN,R. HANCOCK a Agenda Item 3 Page_3 AERIAL OF SITE LOCATION EL ~~~~~~ ~ '§ 2. HANCOCK ~' agenda Item 3 Page 4 ~~. ~~ ~ ~. YHIE SURVEY It BASED ON Ap~L,L'dCORDED Ni THE CLERK'S OFFK:E OF THE CIRCUR COURT OF THE CRY OF yJ~Q I~IR ~N Y~ROBKA, ~N,(~AE EJO/( 77 AT PAGE 70.71 AND 73. THIS di TO OECIARE THAT I, ON ~~;,yf;11,E,s SURVEYED THE PROPERn aIIDYaN HEREON, ANO TWIT tHE TrrLE LAVES AND PIIYSICAI. MWROYEAIEf1T5 ARE As aNOwN DN TWS PuT. THE MPROVEMENTS sTAND fTRICTLY WlitsN THE TITLE LNIF3 A/1D THERE ARE No ENCROACHMENTS OR VLSWI.E EJlSEA1ENTf EICEPT AS SHOWN. T~ PaoPEan EMBRACED YRTIaI THE LNBTS OF THIS suRVEY APPEARS to LM wlTwrl Flood zoNE -~ TO THE FEDERAL EMERGENCY MANAGEM[NT AGENCY-NATKRiAI FLOOD WSURANCE MOGRAM COMMUNITY NUMBER NSSS1-00050. DATED JANUMY17. 135{. TIES SURVEY PERFORMED WTTMOUT ISENEFR qF A CURftENTTRLE REPORT AND CONSEQUENTLY MAY NOT bEFlct Au TTTtE MATTERS AFFECTIN4 i ~'= PROPEIIn fllOwN HEREON. THE EXgTENCE Of: IIA7ARDOUS WASTES, VEGETATED WETLANDS, OR T1DILL WETLANDS, WAS NERHER INVESTIGATED. NOR CONFBWED DURING THE PERFORMANCE OF TWS SURVEY. --o-- DENOTES I. PIN(F) • All FENCES ARE 1.3' CIWII 1111K PE7lCE (DIAESS OTIIERWHE NOTED). 3 0 0 0 0 4 = 0 ~ O ~~ z W W a Z ,z -~ isrY FRAME DWELLING A5520 DUE AURORAL :DOLE R. WHITE N0.00194& _ ,,~{f~ P ~ 3~'3 ~`~-v~~~ ~U ~. (lw~-e~c '7 - i l- "t ACCOROVlG ~ 7F118 yyELL (g APPROVED FOR 1RRIdAT10N i' PURPOSES OyLY r a 2 ~ _ r_ LAU DUE EAST _ ~ 01, - ___ _ _T101LQ0,__, ~3.~ /~ / FRAYS 10S f 4 C K.fV /6lAB \ ~ f wEl al 3 ~ _ ~. , D.9 . ~--~-~ oRUY ~ 6IILVRNRF.o "~-~---~ '~ ' J wEU cASrw ~ D F r--zs.T °'F-~F~.~- - ~ o ._ ~~~ ~ W w b ti ..i , fil.~ #o ~tR zs . . 27.5 ' IS . _. C1I~ ~ 11 7 ~N~ e N ~ N /`t~ T ~/ GG ~ i, _~ SS 100.00' I J E (50' R1V~ PHYSICAL SURVEY JF LOT 3, BLOCK 1i AMENDED PLAT OF DIAMOND SPRING HOMES VIRGINIA BEACH, VIRGINIA EXISTING SITE PLAN ~,~~.~ 'Y'~ ~ 5 n ' l3 t' ~"i ~4 I . , ELLEN R. HANCOCK ~~ Agenda Item 3 .~ ~ Page 5 , ~* ~~` :_ ~ - ~ ~,~-_ F ZONING HISTORY No Zoning History 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 aparent-subsidiary' or affiliated business entityZ 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 aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ®Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or ep~loyee of j)~, 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? •~~ V ~--~ ~~ ~• O 1~~ ~~ DISCLOSURE STATEMENT ELLEN.R. HANCC~CK Agenda Item 3 Page 7 -~-~ .--r W w V~ ~. z O ~~ s ~ DISCLOSURE STATEMEI~IT 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 indude that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entRies 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 not cation (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. `~- a~~1'.Z~r' ~2 hI--LEIV ~{~ ~tlgwGoc.k r~Y~..- ~ Applicant's Signature Print Name Print Name Property Owners Signature (if different than applicant) DISCLOSURE STATEMENT ELLEN' R. HANC~CK x Agenda Item 3 Page 8 Item #3 Ellen R. Hancock Conditional Use Permit 5520 Aurora Drive District 4 Bayside June 13, 2012 CONSENT An application of Ellen R. Hancock for a Conditional Use Permit for a residential kennel on property located at 5520 Aurora Drive, District 4, Bayside. GPIN: 14693563120000. CONDITIONS 1. No more than five adult dogs shall reside at the property at any time. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. The dogs shall maintain all required shots and shall be properly licensed through the City of Virginia Beach. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 Item #3 Ellen R. Hancock Page 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 3 by consent. Debra Tomlin appeared before the Commission on behalf of the applicant. n ~. c c a~ ~o '~ a a 0 n 0 c~ N, tQD tfiD 3 c~ ^~ 1 ,` GNU ~Ht i~ r ~~ ~ (~ Lu ww ,{S! 4t4ti~~vv.~f J~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C.A.R.E.S., INC. /MARK HACKATHORN, Conditional Use Permit, residential kennel, 2701 Shirley Landing Drive (GPIN 1398319811). PRINCESS ANNE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: This site was part of a seven-lot Alternative Residential Development, which was approved as a Conditional Use Permit by City Council in 1999. The applicant is requesting a Conditional Use Permit for a residential kennel on his lot. Specifically, the property owner, Mr. Hackathorn, his wife, and a Board of Directors operate CARES, Inc. -Canine Assisted Rehabilitation and Education Services -which is a 501(c)(3) nonprofit organization. Mr. Hackathorn has been a dog trainer and breeder of Goldendoodles for over 30 years and specializes in Diabetic Alert Dogs. ^ Considerations: The purpose of the kennel is to train dogs, including, at various times, rescue dogs that fit CARES' criterion in terms of temperament, drive, and tracking scent ability. CARES, Inc. is not a rescue operation as commonly understood, but is rather a training service for Diabetic Alert Dogs. The organization placed 12 rescue dogs in 2011 for Diabetic Alert, and hopes to rescue, train, and place 20 such dogs in 2012. CARES, Inc. also plans to breed up to four litters of Goldendoodles, as this breed, according to the applicant, was developed specifically to be a service dog due to its intelligence and temperament. A 40- foot by 60-foot metal building will be constructed, and will contain astate-of-the- artfacility that will be used to train up to seven dogs per quarter. The building will be heated and air-conditioned with 15 individual indoor runs, two training rooms, and indoor play areas. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. No more than 15 adult dogs shall be permitted to live on the property at any time. C.A.R.E.S., Inc. Page 2 of 2 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. All dogs shall be current with all required immunizations and shall be properly licensed through the City of Virginia Beach. 4. No land disturbance or dog runs shall be permitted within the 50 foot Southern Watersheds Management Area buffer. 5. The kennel building shall have a footprint no greater than 3,000 square feet, shall have an earth tone exterior color and shall be limited to no more than 42 feet in height. The location of the building shall be in substantial conformance with the plan entitled, "Lot 4, Shirley Landing," prepared by Mel Smith & Associates and is on file with the Planning Department. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: s ~ '~~ PRINCESS ANNE eta II-ZZ C.A.R.E.S., lnc. :; J -_ _ AG1 -- AG2~ l _ __ ~ u ~,- ..., AG2 _ SHIRLEY 4AN ~R - _ ~~ AGi , ' AG1 *..._ r '°. 1~G2 ~ , AG2 y _ ~._. ; G1,~ ~,. Pa ' ~ ~, ~ AG2 6 ~~~ 1 ~ BLA ATE ~p--.' ~ AG2 ~ y i-~ , ~ ,, ~~ iii ~ AG2 ~. , _ A ~ ~ _. _ -, , ,wv ~ p,aw..aa«.... v,.o.,~. o.«`v CUP for Residential Kennel REQUEST: Conditional Use Permit (residential kennel) ADDRESS /DESCRIPTION: 2701 Shirley Landing Drive GPIN: ELECTION DISTRICT: SITE SIZE: 13983198110000 PRINCESS ANNE 6.7 acres 5 June 13, 2012 Public Hearing APPLICANT: CARES, INC. PROPERTY OWNER: MARK HACKATHORN STAFF PLANNER: Carolyn A.K. Smith AICUZ: Less than 65 d6 DNL This site was part of a seven-lot alternative residential SUMMARY OF REQUEST development, which required a Conditional Use Permit, approved by City Council in 1999. The applicant requests a Conditional Use Permit for a residential kennel. Specifically, the property owner, Mr. Hackathorn, his wife, and a Board of Director's operate CARES, Inc. -Canine Assisted Rehabilitation and Education Services -which is a 501 C3 nonprofit organization. Mr. Hackathorn has been a dog trainer and breeder of Goldendoodles for over 30 years and specializes in Diabetic Alert Dogs. CARES, Inc. would like to operate on the Hackathorn's property to train dogs and also, from time to time, rescue dogs that fit their criterion in terms of temperament, drive and scent/tracking ability. CARES, Inc. is not a rescue operation per say but rather a training service for Diabetic Alert Dogs. The organization placed 12 rescued dogs in 2011 for Diabetic Alert and hopes to rescue, train, and place 20 such dogs in 2012. CARES, Inc. also plans to breed up to four litters per year of Goldendoodles on the property as this breed, according to the applicant, was developed specifically to be service dogs due to their intelligence and temperament. A 40 foot by 60 foot metal building is proposed to house the state of the art facility to train up to seven dogs per quarter. The building will be heated and air-conditioned with 15 individual indoor runs, two training rooms and indoor play areas. ~.,, C.A.R.E.S. Agenda Item 5 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: single-family dwelling SURROUNDING LAND North: . Single-family dwelling / AG-1 Agricultural District USE AND ZONING: South: . Single-family dwelling / AG-1 Agricultural District East: Marsh, woods / AG-1 Agricultural District / B-2 Community Business District West: Single-family dwellings / AG-2 Agricultural District NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area. Along CULTURAL FEATURES: the eastern property line, a large, wooded marsh ultimately leads to the North Landing River. There is a 50 foot buffer that will remain undisturbed as required by the Southern Watersheds Management Area Ordinance. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures. CITY SERVICES No impact to City services expected. Neither City water nor sewer is available to the site. Private wells and septic system are on site. EVALUATION AND RECOMMENDATION The request for a nonprofit residential kennel on this 6.70 acre site is recommended for approval. Section 223 of the Zoning Ordinance which regulates this type of activity requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings. The proposed structure will have conditioned air and will be located more than 80 feet from the closest property, a parcel with a Conditional Use Permit for boarding and training horses. Staff's position is that this request to provide lifesaving scent training for up to four litters of Goldendoodles per year is a community service worthy of support. Staff recommends approval of this request with the conditions below. C.A.RE.S. Agenda Item 5 Page 2 CONDITIONS 1. No more than 15 adult dogs shall be permitted to live on the property at any time. 2. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3. All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. 4. No land disturbance or dog runs shall be permitted within the 50 foot Southern Watersheds Management Area buffer. 5. The kennel building shall have a footprint no greater than 3,000 square feet, shall have an earth tone exterior color and shall be limited to no more than 42 feet in height. The location of the building shall be in substantial conformance with the plan entitled, "Lot 4, Shirley Landing," prepared by Mel Smith & Associates and is on file with the Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Oftice within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. C.A.R.E.S. Agenda Item 5 Page 3 AERIAL OF SITE LOCATION ~. .~ C.A.R.E.S. Agenda Item 5 Page 4 ~.~ ., ~~ ~~Y~., , \'r BY ~ ~~~~' y'\ ,A1 5.5-1 ~ Oa I I~aw, q ~ ,]N-fi-M11 1 ,OHO¢ YR fa1 M h 3 }~ SJ 1 •A i4Yi ~~ I ~, fl[ Mf/. a.n .c s w-aa snwaa : W+ miaol ~cr w ia~e ~ r ^r, m a rHeoxc r~.naro a 'eb. ~. wouewo noawim rom w r, ,w. r.. r w ewr.q a aia ~oewa : rwwA • swa wwoon- one ~ / ,a a t.MCta.11a f lx,.b,n rYn 1 ,,. ~u rwaco waa norxaar rur of . rwr r~w.oa or oK rom .wA x wo w noao oxv ~aar noon •esrew, wwwr wr .[ aom atw o~ w ncoa atv.nw , rrowc., m-uat. nccwu oaunwrc on otc,wrx uts suu a xn.rrm a wu,m Rs1 ~w a,c rmr rac x ,oo wM nam oavena. oonr um,wna was a r,w wnwa A ~ ,. wew, w~wro eee.r - x' awe. m oaNOa ~... ' ' ' i w . ..Q wn+r ~M mn ..-a» • pM1LY IAIICYIa fMS en~w.Y.. "~°"w~. ~..`.~. ....Y~.~e..~ ar av.~A~ana i ui~n. u i[arm rn« w,wo wo amc ww a am, owc ro auwA ra Bomar, sae[i wo aaC rsuu rmrt~ wo wwu .s wxom. I ~ U I r« ~,.~,~ - C _ _. ~ ~ ' F ~: 80Ul1f~R IJ~ 1UA~ 60 INJL9fl 1' LJII7JON COM7DI8 ~ vn •,vn nrrnmarrn ~rw~ITY N ~RRIlH'rlll fnVM Tf gtllnle~vM taTwavvn I e SITE SURVEY SHOWING PROPOSED LOCATION OF KENNEL ~,~ ,. C.A.R.E.S. '`* Agenda Item 5 Page 5 ~, . ,~' PRINCESS ANNE C.A.R.E.S., 111C• ~Iap H-22 Ma Not to Scate ~L 1 ` AG1 '~` AG2 1, ~., ~~ ~ 1..1 I , ~_' 1. AG2 SHIRLEY ~`N - A F ~FF 1 } ~L ~~ ! F F ~ ~ FF ::Fr r~~ .'; ~L_, '~, r c r ~ ~F ! F, - ~~ AG2 ' /, ~ ~ ;/% i~~~ _F NF r .v.~. r ~;~ ~'ii% ~ <t- ~, :, a : ,~ - -, ~~ ,, <` ~ Gt ;;~ , ~~~ /~ ~~ /' ., ,_ - a _- .. `~ _ ' , ,, -- ~o ~,\ ~~ AG2 ~ I ~ ~t ~,-' \ ~~ AG2 o 47 ~ ~ 71 ' ~\ ~ r> a ~~~ I ` ° ti~ ~---._! ~I `mss I ARP-AgricukuralReserve Program Overlay CUP for Residential Kennel ZONING HISTORY # DATE REQUEST ACTION 1 09/22/09 CUP alternative residential develo ment Granted 2 09/22/09 CUP communications tower Withdrawn 3 07/14/09 08/17/81 MOD (church addition) CUP church Granted Granted 4 09/15/00 CUP horses for hire & boardin & ridin academ Granted 5 08/10/99 08/10/99 SVR CUP alternative residential develo ment Granted Granted Agenda Item 5 Page 6 I, 4 C.A.R.E.S. '~~ 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) -~a~ o~.``pir~-Ea,•s: ~' ~-'~Dlc ~ ~'1he~e~M--a, Bess -'h(~c~-tWlotx'e ~~y'e.- ~`JSrtn~r~r ~A~' ~(z~is~,o~a', ~•~- ~3~i~'~'1Ji 2. List all businesses that have aparent-subsidiary or affiliated business e~i tity2 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) r 2 2. List all businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ~ See next page for footnotes O .-~ F--~ W W cn O ~-+ A O DISCLOSURE STATEMENT C.A.R.E.S. Agenda Item 5 Page 7 Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ~ No If ves. what is the name of the official or employee and the nature of their interest? O ~--~ V F--~ W W cn O ~--~ N A O 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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site fo urposes of processing and evaluating this/application. Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT C.A.R.E.S. t Agenda Item 5 Paae 8 Item #5 CARES, Inc. Conditional Use Permit 2701 Shirley Landing Drive District 7 Princess Anne June 13, 2012 CONSENT An application of CARES, Inc. for a Conditional Use Permit for a residential kennel on property located at 2701 Shirley Landing Drive, District 7, Princess Anne. GPIN: 13983198110000. CONDITIONS 1 No more than 15 adult dogs shall be permitted to live on the property at any time. 2 All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 3 All dogs shall be current with all required shots and shall be properly licensed through the City of Virginia Beach. 4 No land disturbance or dog runs shall be permitted within the 50 foot Southern Watersheds Management Area buffer. 5 The kennel building shall have a footprint no greater than 3,000 square feet, shall have an earth tone exterior color and shall be limited to no more than 42 feet in height. The location of the building shall be in substantial conformance with the plan entitled, "Lot 4, Shirley Landing," prepared by Mel Smith & Associates and is on file with the Planning 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 Item #5 CARES, Inc. Page 2 are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON AYE AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT By a vote of 9-0, the Commission approved item 5 by consent. The applicant Mark Hackathron appeared before the Commission. ~~ N O ~ c~ O ~ 'd _M 0 O 0 ti ~ ti yy, N V r~ ~ V ~D ~D y :J N tp b 0 3 c a ~, ~_ Q ,. c~ N 0 ~c Vf ti ~_ 7 v a C <D ."~J i r i. rt.priNlA 6~1't S +~ y~~ f04 ~~ r~ ~ ; ,_ =.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GORDON R. & BEVERLY H. PATRICK, Conditional Use Permit, attached dwellings, 3607, 3613, & 3617 Shore Drive (GPIN 1489583864, 1489582894, 1489582833). BAYSIDE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant requests a conditional use permit to develop the site with aseven- unit townhome style condominium community at the southeast corner of the DuPont Circle and Shore Drive. The site is currently occupied by two commercial buildings, a retail store, and a storage building. The site is zoned B-4 Mixed-Use Business District (Shore Drive Overlay District), which requires a Conditional Use Permit for multifamily dwellings. ^ Considerations: The submitted development plan depicts afive-unit building and atwo-unit building, parking, fencing and landscaping. The proposed entrance for the site is from DuPont Circle, approximately fifty feet south of Shore Drive. Landscaping is proposed along the northern and southern property lines, as well as a small portion of the eastern property line where adjacent to existing residential. The submitted elevations for the site depict three-story units. The elevations for the Shore Drive frontage show shed roof dormers on the third floor, an open porch on the second floor, and entry door and porch on the first floor. The elevation plan on the interior side of the site shows the first floor of the building as a porch covered with a pediment gable and double-car garages with vertical plank doors. Decorative features include varying roof lines, transom windows over the entry doors, vertical plank shutters, and decorative brackets. The proposed use is consistent with the Comprehensive Plan's land use policies for Suburban Focus Area (SFA) 1 -Shore Drive Corridor. The proposed residential development of this site as a townhome condominium community is more compatible with the existing adjacent residential neighborhood on the south side of Shore Drive than any of the commercial uses allowed by-right. The Shore Drive Corridor Guidelines, prepared as a complement to the Shore Drive Corridor Plan, are applicable to this site. The area of the proposed development falls within the "Mixed Zone" as identified in the Design Guidelines. This portion of Shore Drive possesses a diverse mix of commercial and residential uses, primarily single-family, duplex, and multiple family dwellings. Gordon and Beverly Patrick Page2of3 This site is within the portion of Shore Drive that runs through the Ocean Park neighborhood. The opportunity created in this zone as the roadway passes through Ocean Park is unique. The homes, some dating from the early 20th century, provide a defining design image for the area and the corridor. Additionally, the Design Guidelines recommend low and medium residential densities for the Ocean Park neighborhood. The applicant proposes seven units on 0.396 acre of land, which results in 17.7 units per acre. The proposal is on the low end of the allowable multifamily density for the corridor. On the northern side of Shore Drive, properties are developed between 24 and 36 units to the acre. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout Plan of DuPont Circle Condos" prepared by MSA, P.C. and dated 05/16/12. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The buildings shall be constructed in substantial accordance with the submitted elevations entitled "DuPont Circle Unit 5 /Shore Drive view, DuPont Circle Unit 5 /Parking Area view, DuPont Circle Unit 5 /End Unit, DuPont Circle Unit 2 /Front View, and DuPont Circle Unit 2 /Side View". Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Building materials shall consist of fiber-cement board siding and architectural grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railings, and columns shall be vinyl clad. 4. The HVAC units and trash receptacles shall be screened from view with landscaping or fencing. 5. The applicant shall install asix-foot high privacy fence with brick columns and landscaping along Shore Drive. Afour-foot high decorative fence with brick columns and landscaping or decorative pergolas shall be installed in the open area of the site adjacent to DuPont Circle. 6. All landscaping on the site shall adhere to the landscape recommendations in the Shore Drive Corridor Plan Appendices. 7. The applicant shall use pavers in the surface parking spaces to lessen impervious cover on the site. 8. The existing property lines shall be vacated via a resubdivsion plat. A one foot no ingress /egress easement along Shore Drive may be required during detail subdivision review. 9. The applicant, as agreed upon, shall work with the Environment and Sustainability Office to determine an appropriate donation to the Live Oak Gordon and Beverly Patrick Page 3 of 3 Fund to help offset loss of the live oaks on the site, and to have the logs of the trees set aside for Friends of Live Oaks i~ttp://wwtiR~.fric.ndsofliv~~~ks.orc~ ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager. ~~~~ n1.7~,<;'~: ` Gt~rdon R. & Be~~erh- H. Patrick ,... _- ~, ~ / 64 ~- L - __, -----~ ''~ ~ ~;_ ~ L- 1 II -- ~},2 ~ '~~2~ ~, ~- ' ~ 1.67 f :, I t L ~~' ~ ~ ~ -'kJ ~i ~ 1.~ 'F _ RSD a ~~ v ~~~ ~ R5D ~ i, ''~?" ~ _'y~ v~ ~ r~~,t. f' ~ , ~ ,~ xR5p ,~ ~ ~i .~~ 1 ~ ~ - `~9 sox a~~.m.~ ~ i o~...~ti CUP for MuIU-family dwellings qa»m a wnw sr~a» om. a.wr REQUEST: Conditional Use Permit (Multi-family dwellings) ADDRESS 1 DESCRIPTION: 3607, 3613, 3617 Shore Drive GPIN: ELECTION DISTRICT: SITE SIZE: 14895828330000; BAYSIDE .396 acres 14895828940000; 14895838640000. 8 June 13, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: GORDON R. & BEVERLY H. PATRICK STAFF PLANNER: Faith Christie AICUZ: Less than 65 d6 DNL The applicant requests a conditional use permit to develop the SUMMARY OF REQUEST site with a seven unit townhome style condominium community at the southeast corner of the DuPont Circle and Shore Drive. The site is currently occupied by two commercial buildings, a retail store and a storage building. The submitted development plan depicts a five unit building and a two unit building, parking, fencing and landscaping. The proposed entrance for the site is from DuPont Circle, approximately fifty feet south of Shore Drive. The submitted plan depicts the five unit building situated along Shore Drive and the two unit building in the southeast corner of the site. Landscaping is proposed along the northern and southern property lines, as well as a small portion of the eastern property where adjacent to existing residential. The submitted elevations for the site depict three story units. The elevations for the Shore Drive frontage depicts shed roof dormers on the third floor, an open porch on the second floor, and entry door and porch on the first floor. The interior elevation view of the first floor of the building depicts a porch covered with a pediment gable and double car garages with vertical plank doors. Decorative features include varying roof lines, transom windows over the entry doors, vertical plank shutters, and decorative brackets. GORDON R. ~ BEVERLY H. PATRICK ~~ ~4genda Item 8 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is developed with two small buildings, a retail store constructed in 1960 and storage building constructed in 1930. SURROUNDING LAND North: • Shore Drive USE AND ZONING: • Across Shore Drive are multi-family multiple storied buildings / B-4 Mixed Use (SD -Shore Drive Corridor Overlay) South: Duplex and single family dwellings / R5-D Residential (SD - Shore Drive Corridor Overlay) East: Office building and residential / B-4 Mixed Use and R5-D Residential (SD -Shore Drive Corridor Overlay) West: • DuPont Circle • Across DuPont Circle is a restaurant and residential / B-2 Community Business and R5-D Residential (SD -Shore Drive Corridor Overlay) NATURAL RESOURCE AND The sandy soil on the site supports seven live oak trees. While the trees CULTURAL FEATURES: cannot be maintained the applicant can mitigate the loss with a contribution to the Live Oak Fund and by agreeing to have the logs of the trees set aside and given Friends of Live Oaks (http://www.friendsofliveoaks.org). The Live Oak is the officially adopted tree and icon for the Shore Drive Corridor and Bayfront community. COMPREHENSIVE PLAN: Suburban Focus Area 1 (SFA 1) -Shore Drive Corridor The Comprehensive Plan designates the subject property as being located within the Suburban Area and, more specifically, within the Suburban Focus Area 1 (SFA 1) -Shore Drive Corridor. The Comprehensive Plan states that Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges. This area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor was designated as a Suburban Focus Area because of its unique characteristics. The area has an abundance of natural resources and passive recreational amenities, mostly due to its proximity to the Chesapeake Bay and Lynnhaven River. These amenities have attracted residential uses, including well-established neighborhoods as well as newer high density development, making the Shore Drive area the most densely populated area of the City. The community's most challenging characteristic is that it is bisected by Shore Drive, one of the City's primary east-west connectors. The Shore Drive Corridor Plan (SDCP, 2000) was adopted by reference as part of the Comprehensive Plan. One of the plan's goal is to protect, restore and enhance the corridor to reflect the area's unique character as a residential community, and to establish a functional and attractive scenic gateway to the Resort Oceanfront Planning policies for SFA 1 that apply to the entire Shore Drive Corridor and Bayfront Communities, which stem from the Shore Drive Corridor Plan and are applicable to this request, are: GORDON R. & BEVERLY H. PATRICK Agenda Item 8 Page 2 • preserve and protect the character of the established neighborhoods; improve land use compatibilities and avoid over commercialization to insure that resort-based uses compliment rather than dominate this corridor; • achieve the lowest reasonable density for future residential uses; • provide safe and appropriate pedestrian and bicycle circulation; The subject property is also located within the Shore Drive Corridor Overlay District. The purpose of the District is to enhance the appearance of the area encompassed by the District and to preserve its vitality as an important gateway to the city. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP1 /CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive is a four lane urban major arterial in a right-of-way approximately 141' wide along the site frontage. The Master Transportation Plan Major Street Network Ultimate Rights-of-Way document identifies its final typical section as six lanes in a 150' right-of-way. This segment of Shore Drive is within the limits of CIP Project #2.118.000 Shore Drive Corridor Improvements Phase IV, which has completed 30% design. The project is on hold pending additional funding and the completion of CIP Project 2.117.000 Shore Drive Corridor Improvements Phase III (Partial). The CIP project has no right of way impacts on the parcel. DuPont Circle is not named in the Master Transportation Plan and has no other roadway CIP project. • The entrance shown on the conceptual plan does not comply with the geometric requirements in the Public Works Standards and Specifications Manual. The proposed entrance is wider than allowed. Additionally, the standards require entrances to have athirty-foot throat length before the first parking space or internal drive aisle. The conceptual plan shows a throat length of less than twenty feet to the first parking space. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Shore Drive 26,200 ADT 27,300 ADT Existing Land Use - 278 ADT Proposed Land Use 3- 64 ADT (6 AM Peak Hours; 7 PM Peak Hours Average Daily Trips s as defined by .4 acres of B-4 Mixed Use zoning 3as defined b 7 residential townhouses WATER: This site has an existing 5/8" water which may be used or upgraded to accommodate the development. There is a 6" City water line in DuPont Circle and a 16" city water main in Shore Drive. SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #308 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8" City gravity sanitary sewer main in DuPont Circle. There is an 18" HRSD force main and two 8" gravity sanitary sewer mains in Shore Drive. GORDON R. & BEVERLY H. PATRICK Agenda Item 8 Page 3 DEVELOPMENT SERVICES CENTER: • A hydrology study will be required to establish on-site and downstream drainage requirements and easements. • Stormwater quality and quantity shall be addressed during detailed site plan review. On-site stormwater retention may be required in conjunction with the development. • The site falls within Floodzone "AE" per the FEMA map. The finished floor of the structure, including the garages, shall be a minimum of one foot above the base flood elevation. Pavement for onsite parking shall be elevated at or above the 10 year flood event elevation. SCHOOLS: School Current Capacity Generation ~ Change z Enrollment Thoroughgood Elementary 604 662 2 2 Great Neck Middle 1,106 1,200 1 1 Cox High 1,932 1,740 1 1 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne ative fewer students . EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposed use is consistent with the Comprehensive Plan's land use policies for SFA 1 -Shore Drive Corridor. The proposed residential development of this site as a townhome condominium community is more compatible with the existing adjacent residential neighborhood on the south side of Shore Drive than a commercial use allowed by right. The Shore Drive Corridor Guidelines, prepared as a complement to the Shore Drive Corridor Plan, are applicable to this site. The area of the proposed development falls within the "Mixed Zone" as identified in the Design Guidelines. This portion of Shore Drive possesses a diverse mix of commercial and residential uses, primarily single-family, duplex, and multiple family dwellings. This site is within the portion of Shore Drive that runs through the Ocean Park neighborhood. The opportunity created in this zone as the roadway passes through Ocean Park is unique. The homes, some dating from the early 20th century, provide a defining design image for the area and the corridor. Additionally the Design Guidelines recommends low and medium residential densities for the Ocean Park neighborhood. The applicant proposes seven units on .396 acres of land. The proposal is on the low end of permitted multiple family density for the corridor. Across Shore Drive, on the bay side, properties are developed between 24 and 36 units to the acre. The applicant has used many of the Design Guidelines recommendations for the development. The Design Guidelines call for: GORDON R. & BEVERLY H. PATRICK Agenda Item 8 Page 4 • Walls should be clad in wood, cedar shingles, hardboard siding, lightweight concrete siding, or shingles. Limited quantities (up to 50% of the facade area visible from Shore Drive) of brick, stone, exterior finishing insulation system (EIFS), or split-faced block are allowable. Cedar shake or good quality similar shake siding is encouraged. The applicant proposes using cement fiber board for the siding. • Exposed foundation walls should be brick, split-faced block, or painted concrete. The submitted elevations depict a brick skirt on the foundation. Roofs of buildings should be pitched to maintain compatibility with the residential identity of the Ocean Park neighborhood. The roof pitches are complementary to surrounding residential uses. Porches should be wood, synthetic wood, or faced with brick or stone. Railing systems should be wood, painted steel, or vinyl. Columns should be wood or synthetic wood. A condition of approval will require the windows, doors, railing, and columns are vinyl clad. • Fences along public right-of-ways should be compatible with the architectural style of the building. Materials should be brick, painted or stained wood, cedar left to weather naturally, and decorative vinyl or metal fence systems. A condition of approval will require asix-foot high privacy fence with brick columns and landscaping along Shore Drive. Afour-foot high decorative fence with brick columns and landscaping or decorative pergolas shall be installed in the open area of the site adjacent to DuPont Circle. The site design is slightly deficient with respect to setback requirements in the district. A 30-foot setback is required from the front property line (DuPont Circle), the plan depicts a 20 foot setback; a 15 foot setback is required adjacent to residential zoning (southern and eastern property lines) the plan depicts a varying setback of 5 feet to 21 feet. Staff feels the site design is consistent with other projects in the corridor and does not find the reduction in setbacks to be detrimental. Further the applicant met with adjacent property owners as well as the civic league and no objections were raised regarding the plan. The Ordinance allows that "The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations from the following requirements otherwise applicable to the proposed development: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements. The applicant also met with the Bayfront Advisory Committee (BAC) on May 19, 2012. The BAC found that the project substantially complies with the Shore Drive Corridor Plan, the ULI Bayfront study, the Comprehensive Plan, and the Shore Drive Corridor Plan. Staff finds the request acceptable and recommends approval subject to the conditions listed below. CONDITIONS The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout Plan of DuPont Circle Condos" prepared by MSA, P.C. and dated 05/16/12. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. GORDON R. & BEVERLY H. PATRICK Agenda Item 8 Page 5 2. The buildings shall be constructed in substantial accordance with the submitted elevations entitled "DuPont Circle Unit 5 /Shore Drive view, DuPont Circle Unit 5 /Parking Area view, DuPont Circle Unit 5 /End Unit, DuPont Circle Unit 2 /Front View, and DuPont Circle Unit 2 /Side View". Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Building materials shall consist of fiber-cement board siding and architectural grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railings, and columns shall be vinyl clad. 4. The HVAC units and trash receptacles shall be screened from view with landscaping or fencing. 5. The applicant shall install asix-foot high privacy fence with brick columns and landscaping along Shore Drive. Afour-foot high decorative fence with brick columns and landscaping or decorative pergolas shall be installed in the open area of the site adjacent to DuPont Circle. 6. All landscaping on the site shall adhere to the landscape recommendations in the Shore Drive Corridor Plan Appendices. 7. The applicant shall use pavers in the surface parking afeas spaces to lessen impervious cover on the site. 8. The existing property lines shall be vacated via a resubdivsion plat. A one foot no ingress /egress easement along Shore Drive may be required during detail subdivision review. 9. The applicant, as agreed upon, shall work with the Environment and Sustainability Office to determine an appropriate donation to the Live Oak Fund to help offset loss of the live oaks on the site, and to have the logs of the trees set aside for Friends of Live Oaks (http://www.friendsofliveoaks.orct). NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. GORDON R. & BEVERLY H. PATRICK s. Agenda Item 8 Page_ 6 AERIAL OF SITE LOCATION GORDON R. & BEVERLY H. PATRICK Agenda Item 8 ,y Page 7 ,, ~. ~ ' ~~~_: ' y l t~l ~ k m m ago .. >~ ~ ~ d+d~d ° $ua a ~s ~,„~ yy t/~ N VI Vl . _•~ >~ zE ~<•• c Y c~ cmg~' y,, ~? w ~ ~ of ~ ~ '[ }~ ~ ~ s-,-~, iA w U u~ d a ~'. a U v~, F~- ~~ ~~ ~ ~ -. ~ „ ~ i ~' „ , ,~ a ~ ~ i ~,i ~.~; ~-~----~_ ~ jam---- __ ~~ N ~ ,~ ~ 1'~ ~ ~ x~ ~~~ x ,~;,~ i, _ y r__ _ _ __ l ~ ~, / ~! d i I _ 't~ i 1 d t 6~ ~:.d• ~ ~_ _: i~, i n ~ ;~ ~~ ~ i t ~, ~ ; N 7. ~ y~ r!~ ~ ~/) ~ O ~, N t ` \ \\ I I ~ ~ - ____ ~ \i I ~ I ~ ~.. 777 ~ .~ ~~' ~\ \\~ u ' 1~ ~-f- V '' - ~ ~ " ~ '~ ~. ~ r~ m O oZe m i ~ ~ ~Q ~~ O < '~ o ~ Z ~ ~; ~ o ~: c°~0~5 ~~ i GORDON R. PROPOSED SITE PLAN ~ BEVERLY H. PATRICK Agenda Item 8 ~ ,~ Page 8 ~~ ,~ w U ~_ U z 0 0 N N 0 a~ `o N Z SHORE DRIVE ELEVATION GORDON R. & BEVERLY H. PA 8 v Page 9 > ~ ~,~.. :.~ ~~~ ~!y d' ° I?~ iY{' 3 N d W ~ J Q ~ ~ C U~ ~ ~ z~ O; ~~ ~z ~~ INTERIOR ELEVATION VIEW GORDON R. & BEVE Agenda Item 8 Page 10 ~. : ~. ,~ . r.L ~ .l ~ ~~d'.! ~a ~;~ ' ,t ,,p ,!'` w J U a, ~_~ Um ~~ zN_ ON ~~ ~z ~~ DUPONT CIRCLE ELEVATION GORDON R. 8~ BEVE Page 11 t ~'`~ `_ , ~ H. PATRI CK ~'~ enda Ite m 8 ` y B ~ 3 U .~ ~_> U~ ~ o ON ~~ ~z 0~ INTERIOR ELEVATION VIEW GORDON R. ~ BEVERLY H. PATRICK ''>~) Agenda Item 8 , ,y Page 12 ~ ,* w,-~°..--,. w J U ~_ ~ ~ U= ~- ~ Z '-'-' O; a. ~. =z ~~ EAST ELEVATION VIEW GORDON R. 8~ ,~~ ' H. PATR ICK 4genda Ite m 8 '~~ Page 13 ~° •; ,.~ ~-, ~ _ .r QYSI DE ~._~ _•_~ C:-3 ~~ ,_, T (Tpj'(~Ujl 1{. (k lSl'.~~t'Il~ II. i-dllllal ~a ~ U , ~~~ ~~ ' Zonirry whh Conrlhbns.Proffers. Open CUP for Multi-family dwellings Property is whhin Shore Drive Uver Space Promotion or PDH-2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 11/25/03 Conditional Use Permit Multi le famil dwellin s A roved 2 2/25/97 8/23/94 Conditional Use Permit (Convalescent home) Conditional Use Permit Communication tower Approved A roved 3 10/23/03 10/24/00 Modification of Conditions Conditional Use Permit Communit boat dock Approved A roved 3 GORDON R. & ~.~ TR ICK I( H. PA Agenda Ite m 8 Pag e 14 l ~ .~f o u s~ N F'~ „[~ 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) Gordon R. 8 Beverly H. Patrick 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete Phis 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 aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) O Check here 'rf the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional tMe Penntt Application Page 9 of 10 Revised 9/12004 !~~ ~~ 1 ~~ W W ~~ O ~~ ~~ O DISCLOSURE STATEMENT GORDON R. ~ BEVERLY H. PATRICK Agenda Item 8 Page _15 Apz.02.2012 09:57 G s derrick 38644538. PAGE. 21 2 DISCLOSURE STATEMENT 1~~1 cis -'~- O' Z O V ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural servkes, real estate services, flnandel services, accounting services and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P C MSA, P.C. Bishard Development Corporation i "Parent-subsidiary relationship" means "a relationship that exists when one corporation directlyy or indirectly owns shares possessing more then b0 percent of the voting power of another r~rpcxation." See State and Locat Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Aftlliated business entity relationship° means 'a relationship, other than parent-subsidiary relatonship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) s oontrolling owner in one entity is also a controlling owner in the other entty, yr (iii) there LS shared managerr~nt or control between the business entitles. Factors that should be considered in deterrnining the existence of an affiliated business entriy 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 actlviiies, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict or Interests Act, Ve Code § 2.2-3101. CERTIFICATION: 1 certiry that the Information contained herein is true antl accurate. 1 understand that, upon receipt of notfficatfon (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the aub~ct,pproperty at least 30 days pNor to the scheduled public hearing accordi0~tb tbf8l~~trtrctions in this pedutfle. Gordon R. Pavick Prim Name Beverly H Patrick PrIM Nams Qon6sorol Ust Psrmit App6wtfsn Pap! 100110 RsvMed 9/172004 DISCLOSURE STATEMENT GORDON R. & BEVERLY H. PATRICK %` Agenda Item 8 0 Page 16 Item #8 Gordon R & Beverly H. Patrick Conditional Use Permit 3607, 3613 & 3617 Shore Drive District 4 Bayside June 13, 2012 CONSENT An application of Gordon R. & Beverly H. Patrick for a Conditional Use Permit for multi-family dwellings on property located at 3607, 3613 & 3617 Shore Drive, District 4, Bayside. GPIN: 14895828330000; 14895828940000; 14895838640000. CONDITIONS 1 The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout Plan of DuPont Circle Condos" prepared by MSA, P.C. and dated 05/16/12. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2 The buildings shall be constructed in substantial accordance with the submitted elevations entitled "DuPont Circle Unit 5 /Shore Drive view, DuPont Circle Unit 5 /Parking Area view, DuPont Circle Unit 5 /End Unit, DuPont Circle Unit 2 /Front View, and DuPont Circle Unit 2 /Side View". Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3 Building materials shall consist offiber-cement board siding and architectural grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railings, and columns shall be vinyl clad. 4 The HVAC units and trash receptacles shall be screened from view with landscaping or fencing. 5 The applicant shall install asix-foot high privacy fence with brick columns and landscaping along Shore Drive. Afour-foot high decorative fence with brick columns and landscaping or decorative pergolas shall be installed in the open area of the site adjacent to DuPont Circle. Item #8 Gordon R & Beverly H. Patrick Page 2 6 All landscaping on the site shall adhere to the landscape recommendations in the Shore Drive Corridor Plan Appendices. The applicant shall use pavers in the surface parking yeas spaces to lessen impervious cover on the site. 7 The existing property lines shall be vacated via a resubdivsion plat. A one foot no ingress /egress easement along Shore Drive may be required during detail subdivision review. 8 The applicant, as agreed upon, shall work with the Environment and Sustainability Office to determine an appropriate donation to the Live Oak Fund to help offset loss of the live oaks on the site, and to have the logs of the trees set aside for Friends of Live Oaks (http~//~~~~w~~~.fi-iendsofliveoaks.or~). NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE Item #8 Gordon R & Beverly H. Patrick Page 3 RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 8 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. "~ N n ~ c~ o~ M_ Q ~ 00 a ~; H N 't7 N H 0 <D C N N ~D 3 ~D y '~ 0 a~ 'o' ,.. 0 c ~. r~ ~N ~v rn `~ 1 r • a r • • w r r r V -~ D 1> ~~ s~ i ; ~r+ • 1 (;,S iFl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA SEAGULL TRAVEL BUS, INC./ OVERTONS MARKETS, Conditional Use Permit, passenger transportation terminal -bus, 313 8~ 329 Kellam Road (GPINs 1477265050; 1477256763). BAYSIDE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: On December 13, 2005, the City Council granted a Conditional Use Permit to the applicant for use of 329 Kellam Road and 313 Kellam Road as a bus terminal. There were seven conditions attached to the Use Permit. The last condition required administrative review on an annual basis. Accordingly, the Zoning Administrator reviews the operation each year, consulting with the Zoning Inspection staff to determine if the conditions of Use Permit are being met and whether complaints have been received during the past year. Over the past year, complaints have been received from adjacent property owners pertaining to patrons of the bus terminal loitering on their properties, parking their cars on their properties, using their business restroom facilities, and using their properties as 'outdoor restrooms.' Due to the complaints from neighboring businesses, the Planning Director notified the applicant by letter, dated January 19, 2012, that the Use Permit would not be administratively renewed. The letter noted that if the applicant desired to continue the operation, an application for a new Use Permit would have to be submitted. The applicant, therefore, has been working to resolve the problems noted above, and, desirous of continuing the operation, applied for a new Use Permit. ^ Considerations: The passenger transportation terminal consists of an office for ticket sales and one bus that arrives each evening to offload passengers and to load passengers. The bus service is non-stop to and from New York City. Tickets for the bus may be purchased at the travel service ticket sales area located at 329 Kellam Road or via the Internet. The 58-passenger bus picks up from and delivers passengers to the side parking lot located at 313 Kellam Road, which is located on the south side of Broad Street 200 feet from the travel service ticket sales area at 329 Kellam Road. The travel service ticket sales area provides restrooms and a waiting area within the building. Staff concludes that the action taken in notifying the applicant that the bus terminal was causing concern for the neighbors has resulted in the applicant recognizing that there was a need for improved communication with the adjacent property owners as well as with his customers. The conditions below are Virginia Seagull Travel Bus, Inc. Page2of3 revisions and additions to the conditions attached to the 2005 Use Permit, and are designed to clarify where and when loading and unloading are to occur, where personal vehicles are to be parked, where customers are to wait, as well as requiring restrooms be available during the designated loading and unloading period. Staff has also obtained from the U.S. Department of Transportation, the safety record for the applicant's buses. The applicant has a `satisfactory' record, and is in compliance with the applicable regulations. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: The hours of operation for ticket sales are daily from 12:00 p.m. (noon) until 5:00 p.m. and from 11:30 p.m. until the bus departs (approximately 12:30 a.m., midnight). 2. There shall be no more than one bus arriving and departing per day during the arrival and departure period between 11:30 p.m. and approximately 12:00 a.m. (midnight). 3. The bus shall only stop for loading and unloading of passengers in the area designated by the applicant for loading and unloading. Such area consists of the portion of the parking lot at 313 Kellam Road (Four Seasons Chinese Grocery) that is north of the building and adjacent to the intersection of Kellam Road and Broad Street. No bus shall stop for loading and unloading passengers on Kellam Road or Broad Street, or within the parking lots of 325, 329, or 333 Kellam Road, nor shall any bus be parked or stored in any of these areas. 4. There shall be no buses stopped, parked, or stored at the designated loading and unloading area (313 Kellam Road) except during the designated time for the passenger loading and unloading (specified in Condition 2). 5. There shall be no passenger transfers or connections onto other buses conducted onsite. 6. There shall be no repair service or maintenance activities performed at either 313 or 329 Kellam Road. 7. The applicant shall provide a waiting area with seating within the building at 329 Kellam Road. A sign within the building shall indicate that between the hours of 10:30 p.m. and 12:30 a.m. the waiting area is only Virginia Seagull Travel Bus, Inc. Page3of3 for the use of departing passengers and those waiting for arriving passengers. 8. The existing restrooms shall be available between the hours of 10:30 p.m. and 12:30 a.m. for departing passengers and those waiting for arriving passengers. 9. The applicant shall install signs inside the building at 329 Kellam Road informing departing passengers and those waiting for arriving passengers that personal vehicles shall be parked only within the parking lot at 313 Kellam Road (Four Seasons Chinese Grocery). The applicant shall also install a sign (that is of traffic control sign style and material quality) with the same information in the designated loading and unloading area of the parking lot at 313 Kellam Road. 10. The applicant shall obtain all necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 11. Administrative review of this Use Permit shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator. ^ 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: L~ , ~ ~;~i;,E'~` Virginia Seagull Tra~'el Bu, lm. ~. _.- _ - :. _. ._ it s, i1 ~ it z ~\ A18 j r ~ M11 ~ t i{~s \ i ;i' f~ ~- B~ ~!~ ~ ~~ m ~- ~ _ y ~ g3 a _ ~' ~ ~~ r ~, . ga f i ~`) ' ~ ~ ~- ' t- - -- + _' v a , 83 ~~ T l33 'zon~i°h CiniY°oii4is11i`~O^"' CUG-Aassenger Transyorfatlon Termfna!(8us) !'pxa Aio~wle~w FaH~S a...ey. 1 June 13, 2012 Public Hearing APPLICANT: VIRGINIA SEAGULL TRAVEL BUS, INC. PROPERTY OWNER: OVERTON'S MARKETS STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit (Passenger Transportation Terminal -Bus) ADDRESS: 329 Kellam Road (main ticket sales) / 313 Kellam Road (loading/unloading) GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14772650500000 BAYSIDE 11,717 square feet Less than 65 dB DNL 14772567630000 SUMMARY OF REQUEST On December 13, 2005, the City Council granted a Conditional Use Permit to the applicant for use of 329 Kellam Road and 313 Kellam Road as a bus terminal. The conditions of the Use Permit are as follows: 1. The hours of operation for ticket sales are daily from 12:00 P.M. (noon) until 5:00 P.M. and from 11:30 P.M. until the bus departs (approximately 12:30 PM). 2. No more than one bus to stop at this terminal location at the designated time. 3. No storage of buses onsite beyond the designated time for the passenger drop-off /pick up. 4. No passenger transfers or connections onto other buses conducted onsite. 5. No vehicle service repair or maintenance activities to be performed at this site. 6. The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 7. The use shall be administratively reviewed on an annual basis. As required by Condition 7, the Zoning Administrator reviews the operation each year, consulting with the Zoning Inspection staff to determine if the conditions of Use Permit are being met and whether complaints VIRGINIA SEAGULL TRAVEL BUS Agenda Item 1 Page 1 have been received during the past year. Over the past year, complaints have been received from adjacent property owners pertaining to patrons of the bus terminal loitering on their properties, parking their cars on their properties, using their business restroom facilities, and using their properties as `outdoor restrooms.' Due to the complaints from neighboring businesses, the Planning Director notified the applicant by letter, dated January 19, 2012, that the Use Permit would not be administratively renewed. The letter noted that if the applicant desired to continue the operation, an application for a new Use Permit would have to be submitted. The applicant, therefore, has been working to resolve the problems noted above, and, desirous of continuing the operation, applied for a new Use Permit. The applicant requests a Conditional Use Permit to allow a passenger transportation terminal at 329 and 313 Kellam Road. The passenger transportation terminal consists of an office for ticket sales and one bus that arrives each evening to offload passengers and to load passengers. The bus service is non-stop to and from New York City. Tickets for the bus may be purchased at the travel service ticket sales area located at 329 Kellam Road or via the Internet. The 58-passenger bus picks up from and delivers passengers to the side parking lot located at 313 Kellam Road, which is located on the south side of Broad Street 200 feet from the travel service ticket sales area at 329 Kellam Road. The travel service ticket sales area provides restrooms and a waiting area within the building. LAND USE AND PLAN INFORMATION EXISTING LAND USE: At 329 Kellam Road there is a Chinese restaurant in a building located on southern part of the site and a child daycare facility in a building on the northern part of the site. Parking is provided between the buildings and Kellam Road in a single parking lot; the parking lot is not striped with individual spaces. SURROUNDING LAND North: Office / B-2 Community Business District USE AND ZONING: South: . 7-11 convenience store / B-2 Community Business District East: • Kellam Road Pembroke Square Apartments / A-18 Apartment District West: • Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural or cultural resources on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates 329 Kellam Road, the location of the ticket sales office, as being within the Suburban Area. The loading/unloading area at 313 Kellam Road is located within the Pembroke SGA, and specifically at the northern edge of the Central Village District, as designated by the Pembroke Strategic Growth Area (SGA 4) Implementation Plan (adopted in November 2009). In accordance with those Comprehensive Plan land use recommendations, the ticket sales operation at 329 Kellam Road is generally consistent with the land use policies and goals for the Suburban Area, as a wide- range of residential and non-residential uses can be appropriate for this area. The bus loading/unloading area at 313 Kellam Road is not consistent with the Pembroke SGA Plan's vision for the Central Business District; however, it can be considered an acceptable interim use until market conditions begin to transform this area over time in support of that long-range vision. VIRGINIA SEAGULL TRAVEL -BUS Agenda Item 1 Page 2 CITY SERVICES There are no impacts on the provision of City services beyond those normally expected as a result of the applicant's request. EVALUATION AND RECOMMENDATION Staff supports this request for a Conditional Use Permit. The action taken in notifying the applicant that the bus terminal was causing concern for the neighbors has resulted in the applicant recognizing that there was a need for improved communication with the adjacent property owners as well as with his customers. The conditions below are revisions and additions to the conditions attached to the 2005 Use Permit and are designed to clarify where and when loading and unloading are to occur, where personal vehicles are to be parked, where customers are to wait, as well as require restrooms be available during the designated loading and unloading period. Staff concludes that if the applicant adheres to the conditions recommended below, there should be no or minimal impact on the surrounding area and businesses. Accordingly, staff recommends approval with the conditions below. CONDITIONS 1. The hours of operation for ticket sales are daily from 12:00 p.m. (noon) until 5:00 p.m. and from 11:30 p.m. until the bus departs (approximately 12:30 a.m., midnight). 2. There shall be no more than one bus arriving and departing per day during the arrival and departure period between 11:30 p.m. and approximately 12:00 a.m. (midnight). 3. The bus shall only stop for loading and unloading of passengers in the area designated by the applicant for loading and unloading. Such area consists of the portion of the parking lot at 313 Kellam Road (Four Seasons Chinese Grocery) that is north of the building and adjacent to the intersection of Kellam Road and Broad Street. No bus shall stop for loading and unloading passengers on Kellam Road or Broad Street, or within the parking lots of 325, 329, or 333 Kellam Road, nor shall any bus be parked or stored in any of these areas. 4. There shall be no buses stopped, parked, or stored at the designated loading and unloading area (313 Kellam Road) except during the designated time for the passenger loading and unloading (specified in Condition 2). 5. There shall be no passenger transfers or connections onto other buses conducted onsite. 6. There shall be no repair service or maintenance activities performed at either 313 or 329 Kellam Road. 7. The applicant shall provide a waiting area with seating within the building at 329 Kellam Road. A sign VIRGINIA SEAGULL TRAVEL BUS Agenda Item 1 Page 3 within the building shall indicate that between the hours of 10:30 p.m. and 12:30 a.m. the waiting area is only for the use of departing passengers and those waiting for arriving passengers. 8. The existing restrooms shall be available between the hours of 10:30 p.m. and 12:30 a.m. for departing passengers and those waiting for arriving passengers. 9. The applicant shall install signs inside the building at 329 Kellam Road informing departing passengers and those waiting for arriving passengers that personal vehicles shall be parked o~ within the parking lot at 313 Kellam Road (Four Seasons Chinese Grocery). The applicant shall also install a sign (that is of traffic control sign style and material quality) with the same information in the designated loading and unloading area of the parking lot at 313 Kellam Road. 10. The applicant shall obtain all necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 11. Administrative review of this Use Permit shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Ofbce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. VIRGINIA SEAGULL~~RAVEL BUS Agenda Item 1 Page 4 AERIAL OF SITE LOCATION 4~ VIRGINIA SEAGULL TRAVEL BUS ;`~~ Agenda Item 1 ;~ Page 5 y _,F, ~, Mew ,'ii f:. N%'~'~~~ REFERENCE MERIDIAN p~. 59 M.g, 45 !AT F tOT G _~ N OS~f~0" E ~ OU 1, ' 0u 0.2 d a --- -------,cs ~ ~ nor F ~, . ..1 I s ~' b f$09a SQ, R ~ U~.11~ES ~~ ~ oe i ~ 0:7774 ACRES I w !A7 N ~ N~~ I ~ • i TIYb S70t4Y s ~ ` ~ 8j?1CK Aldl) J7tAlf~ i :~ • ~ I rA ~~' ~~~ ~ ~ oArCARE :, ~ 4 acs ,~ IA t' x •'a ~ . ~. ~ru.r ..~ ~• •~ '.. •. AsP}+Ai.r PARKN~iC LOT 80ttARDS ..e0lS.~ i of .~ Nmwu~r 329 KELLAM ROAD VIRGINIA SEAGULL TRAVEL BUS `s Agenda Item 1 ~ y Page 6 } d J 313 KELLAM ROAD VIRGINIA SEAGU :~~,I TRAVEL BUS ~~ ~~ Agenda Item 1 ,, ,y Page 7 ' ~~ } *-. Bxo~d ,~S"~r~~~ ZONING F115TUKY # DATE REQUEST ACTION 1 01/22/1990 Conditional Use Permit Billiards Granted 2 09/09/1985 Conditional Use Permit Auto Service Granted 3 12/13/2005 Conditional Use Permit Passen er Trans ortation Terminal Granted 4 03/28/2006 Conditional Change of Zoning (B-3 Business to B-4C Central Business Mixed Use District) Conditional Use Permit Multifamil Dwellin s Granted ~~1A B.E qc1*~ VIRGINIA SEAGULL TRAVEL BUS Aaenda Item 1 Page 8 `°~~ ~~ ao,,:~ .i t,,:~„~,w~,~ -.~ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: i. List the applicant name followed by the names of alt officers, members, trustees, partners, etc. below: (Attach list if necessary) villti A t t~ ~~~qtt~~ }'1'i+Ve ~ 1`~14~ '~1 ~ ~7~ LL~JJ+C~4ad' ~ ~~ UJJ~t ~t~ ~ ~it v~ ~, e t~~ f ~AT ~~: ~~ ter ;_ ~~ 1'~ tit a 2. Lisi all busines es that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ~irt~i+~it~ "~~v~C~1+1~ 11~c t11 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. Lisi the property owner name followed by the names of ail officers, members, trustees, partners, etc. below: (Attach list if necessary) U VG1•"t"u vt S 11'1 NY ~Ct ~• S ~ Yl C pr~PSit{rtt-t . ~+~/ ~ ~U61'tU t'1 1/~c£ ~7res~it~+tf- -5'e ~1Ye~~• ~~h *~+ ~~lf (1)e~5icl~rl- ~ 4rv6, Uv~i;a>, 5e(1 tfi~a ~ltl ~t~ r_ t~~ v'eYrrh 2. List all businesses that have aparent-subsidiary' or affiliated pus+ness entity relationship with the applicant: (Attach fist if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business or other unincorporated organization. & `See next page for footnotes ~••r ~-•~ F--a ~--+ w w ~---~ r-~ DISCLOSURE STATEMENT VIRGINIA SEAGULL:TRAVEL BUS Agenda Item 1 Page 9 O .-... F--~ ~-.+ W A-+ W c/~ i~- E'-'~ .._.. A O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) ' "Parent-subsidiary relationship" means -a retauonsntp mat exrsts when unn corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va, Code § 2.2-3101. 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 cx~ntrolling owner in the other entity, or {iii) then: 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 persan or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities," See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 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. P ttit Lhi .ti Applica r Print Name is igq ure (if different than applicant) Print Name ~~.{C 7 ,~ CaWitianel Usn Parmll Appicplion PegD 1D DI 10 DISCLOSURE STATEMENT VIRGINIA SEAGULL TRAVEL BUS 4 Agenda Item 1 Page 10 Item # 1 Virginia Seagull Travel Bus, Inc. Conditional Use Permit 329 Kellam Road (main ticket sales) 313 Kellam Road (loading/unloading) District 4 Bayside June 13, 2012 CONSENT An application of Virginia Seagull Travel Bus, Inc. for a Passenger Transportation Terminal -Bus) on property located at 329 Kellam Road (main ticket sales) /313 Kellam Road (loading/unloading), District 4, Bayside. GPIN: 14772650500000; 14772567630000. CONDITIONS The hours of operation for ticket sales are daily from 12:00 p.m. (noon) unti15:00 p.m. and from 11:30 p.m. until the bus departs (approximately 12:30 a.m., midnight). 2. There shall be no more than one bus arriving and departing per day during the arrival and departure period between 11:30 p.m. and approximately 12:00 a.m. (midnight). 3. The bus shall only stop for loading and unloading of passengers in the area designated by the applicant for loading and unloading. Such area consists of the portion of the parking lot at 313 Kellam Road (Four Seasons Chinese Grocery) that is north of the building and adjacent to the intersection of Kellam Road and Broad Street. No bus shall stop for loading and unloading passengers on Kellam Road or Broad Street, or within the parking lots of 325, 329, or 333 Kellam Road, nor shall any bus be parked or stored in any of these areas. a. There shall be no buses stopped, parked, or stored at the designated loading and unloading area (313 Kellam Road) except during the designated time for the passenger loading and unloading (specified in Condition 2). s. There shall be no passenger transfers or connections onto other buses conducted onsite. Item # 1 Virginia Seagull Travel Bus, Inc. Page 2 ~. There shall be no repair service or maintenance activities performed at either 313 or 329 Kellam Road. ~. The applicant shall provide a waiting area with seating within the building at 329 Kellam Road. A sign within the building shall indicate that between the hours of 10:30 p.m. and 12:30 a.m. the waiting area is only for the use of departing passengers and those waiting for arriving passengers. s. The existing restrooms shall be available between the hours of 10:30 p.m. and 12:30 a.m. for departing passengers and those waiting for arriving passengers. 9. The applicant shall install signs inside the building at 329 Kellam Road informing departing passengers and those waiting for arriving passengers that personal vehicles shall be parked only within the parking lot at 313 Kellam Road (Four Seasons Chinese Grocery). The applicant shall also install a sign (that is of traffic control sign style and material quality) with the same information in the designated loading and unloading area of the parking lot at 313 Kellam Road. io. The applicant shall obtain all necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. i i. Administrative review of this Use Permit shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator. 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. Item # 1 Virginia Seagull Travel Bus, Inc. Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 1 by consent. The applicant Ke Wen Dong was present but did not appear before the Commission. '~ N ~~ ~~ o~ o? o~ ~~ 0 0. v~ y N ~_ O~ g -~ .y N ~~ cp d ~, ~_ /~ vl f~ f ~~ a N v rn ro°~' ~ cy` ~~£~ .~~ .~ ~~ ~~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAR CHOICE ENTERPRISE, INC/5001 VIRGINIA BEACH ASSOCIATES, LLC, Conditional Use Permit, motor vehicle sales and service, 5001 Virginia Beach Boulevard (GPIN 1477041959). BAYSIDE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow motor vehicles sales and service. The site is zoned B-2 Business and is currently developed with a building, which was most recently used as a restaurant, as well as a large parking lot. This site is located within the Central Village District of the Pembroke Strategic Growth Area Plan. The Plan calls for eclectic, mid to tow-rise commercial and urban-residential developments in this SGA. It recommends mixed-use commercial buildings, gathering places, and open spaces with a focus on social and economic activity. New development should be human-scale, less auto- centric, within walkable urban areas. ^ Considerations: The applicant proposes to demolish the existing building and construct a primarily one-story, buff-color stucco finish building. Most of the facade facing the Virginia Beach Boulevard right-of-way is proposed with clear floor-to-ceiling glass. The building will transition to a second story at approximately 75 feet from Virginia Beach Boulevard. This two-story portion of the building contains the maintenance and repair facility, which is accessed via three garage bays that will open to the east and will not be visible from Virginia Beach Boulevard. A covered walkway runs the length of the eastern side of the building to add some architectural interest. Metal signage is depicted on the elevation. A recommended condition of this Use Permit requires any building signs or freestanding signs meet the regulations of the Zoning Ordinance. This portion of Virginia Beach Boulevard is highly commercialized with many auto related uses. The applicant's proposal to redevelop the site with motor vehicle sales and service is compatible with surrounding uses; however, it falls short of meeting the vision established for the Pembroke Strategic Growth Area. The applicant's current proposal does provide higher quality building and site improvements. The applicant's representative has stated that it is the applicant's goal to further the vision of the Pembroke SGA Plan, and the applicant desires to eventually transition to a higher and better use as the market changes, as small Car Choice Enterprise Page 2 of 3 parcels such as the subject parcel can be combined, and as the SGA transitions to a more urban environment. Staff finds that, at this point in time, the proposal is appropriate on this site, at this locatian. Over the long term, as the market for mixed-use expands, the proposed building can be easily integrated into a new development or demolished and replaced with a more urban form and use. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: When the site is redeveloped as auto sales and service, it shall be in substantial conformance with the conceptual site plan entitled, "#5001 Virginia Beach Blvd, Virginia Beach, Virginia," dated February 23, 2012, prepared by WPL, with the exception of the following: a. A minimum 10 foot wide streetscape landscape strip shall be installed along Virginia Beach Boulevard and shall include the required plant material in accordance with streetscape landscaping per the Virginia Beach Landscaping Guide. b. Large species shade trees shall be installed to meet the Display Area plant material requirement and shall be spaced in accordance with the Virginia Beach Landscaping Guide. c. Additional large shade trees shall be installed within the Display Area along the eastern property line in an effort to reduce heat island effect. The applicant shall coordinate with the DSC Landscape Architect to determine an acceptable location of said plantings but shall be at least 2 areas of at least 155 square feet in size within the display area. 2. When the building is constructed, it shall be in substantial conformance with the 3 elevations entitled, "Car Choice Headquarters Building," dated 2/21/12, prepared by Thad A. Brown. 3. The area labeled as "Turf Area" shall remain as open space with only turf. No parking, storage or service of vehicles shall be permitted in this area. 4. No unloading or loading of trucks and/or car carriers shall be permitted within any rights-of-way. All loading and unloading shall be only on site. 5. All required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 6. Any new freestanding sign shall be monument style, no higher than eight feet, Car Choice Enterprise Page 3 of 3 with a base to match the proposed building in terms of color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 7. All auto repair work must be conducted inside the building/no repair of automobiles shall be permitted on the site, and no outside storage of parts, equipment, or wrecked or inoperative vehicles is permitted. 8. No outside paging system shall be permitted. 9. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property. 10.According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 11.There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~~--~ ~~ BAYSI DE ~Ia~Dc7rd~ tsar t:no~ee r~nterpr~se, inc. ~,ti> - r ~: ~ ,es ~, i `~ ~ f '~~~-~ ~~~ ~'~ ~ - 3 2 __ - ~-~ -... ,,.,..a..,~- - ,~ i32 _ ^ , ~ , ~ .,- - - -__ ,- _ - -r - - _ -- _ ~ - -_ ~~ T - _ - ., -- ~ -LS ___ ~T°~"~,~~'"p1vii1io""'~ °pin CUP - MoYOr Vehicle Sales and Service PdF] QeNrye REQUEST: Conditional Use Permit (motor vehicle sales & service) ADDRESS /DESCRIPTION: 5001 Virginia Beach Boulevard 33 June 13, 2012 Public Hearing APPLICANT: CAR CHOICE ENTERPRISE, INC PROPERTY OWNER: 5001 VIRGINIA BEACH BOULEVARD ASSOCIATES, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14770419590000 KEMPSVILLE 49,400 square feet Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST motor vehicles sales and service. The proposal is to demolish the existing building that was a restaurant for many years and replace it with a primarily one story, buff color stucco finish building. The building transitions to a two story structure, approximately 75 feet from Virginia Beach Boulevard, where auto repair and maintenance bays are proposed. Most of the facade facing the right-of-way is proposed with clear floor to ceiling glass. The application states that the applicant considers this an "interim use" of the site and is aware of the City's long term plans for the Rosemont Strategic Growth Area. It further states that the timing for "urbanization" of this site is not in the near term. The ingress/egress is proposed as it exists currently: a single entrance along Virginia Beach Boulevard. As the site is devoid of the required plant material within the parking lot and the display area, the site plan depicts the introduction of over 2,000 square feet of landscaped area. The proposed elevation of the new 5,000 square foot structure depicts a "buff' color, stucco building with large floor to ceiling glass front windows that face the right-of-way and wrap around the eastern corner. The two-story maintenance portion of the building is accessed via three proposed garage bays that will open to the east and will not be visible from Virginia Beach Boulevard. A covered walkway runs the CAR CHOICE Agenda Item 33 Page 1 length of the eastern elevation to add some architectural interest. Metal signage is depicted on the elevation and is should be noted that a condition is recommended that any building or freestanding signs meet the requirements set forth in the Zoning Ordinance. LAND USE AND PLAN INFORMATION EXISTING LAND USE: vacant restaurant with parking lot SURROUNDING LAND North: Virginia Beach Boulevard USE AND ZONING: • Auto sales / B-2 Community Business District South: Auto repair / B-2 Community Business District East: Retail / B-2 Community Business District West: Auto sales / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant cultural or environmental resources on the site as it is almost entirely impervious. COMPREHENSIVE PLAN: This site is located within the Central Village District of the Pembroke Strategic Growth Area Plan. The Plan calls for eclectic, mid to low-rise commercial and urban-residential developments in this SGA. It recommends mixed use commercial buildings, gathering places and open spaces with a focus on social and economic activity. New development should be human-scale, less auto-centric, within walkable urban areas. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP proposes an eight-lane facility within a 155 foot right-of-way. Currently, this segment of roadway is functioning under-capacity at a Level of Service C. A roadway CIP 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 project will be phased based on funding. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Virginia Beach 30,494 ADT 34,940 ADT (Level of Existing Land Use - 932 Boulevard Service "C") - 64,260 ADT ADT' Level of Service Pro osed Land Use s-169 CAR CHOICE Agenda Item 33 Page 2 °E") ADT ADT Average Daily Trips s as defined by restaurant-7,250 square feet 3 as defined by auto sales and service - 5,000 square feet WATER: This site is already connected to City water. The existing one inch meter may be used or upgraded to accommodate the proposed development SEWER: City sanitary sewer does not front the property along Virginia Beach Boulevard, but is available on Euclid Road. Sanitary sewer service may be extended via a private sewer easement (if one does not exist currently, they will need to formally obtain an easement) for connection purposes provided adequate depth and slope can be achieved in the sanitary sewer system. Plans and bonds are required for construction extension of the sanitary sewer gravity system. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. This portion of Virginia Beach Boulevard is highly commercialized with many auto related uses. As the Comprehensive Plan notes, this portion of Virginia Beach Boulevard serves a major commercial corridor. The applicant's proposal to redevelop the site with auto sales is consistent with surrounding uses; however, it falls short of meeting the future goals of the Pembroke Strategic Growth Area. During discussions with the applicant, it was revealed that their vision is also beyond that of auto sales on this site. As such, the applicant views this redevelopment as an "interim" use, as a means of updating the site and generating some income until such time that the town center, one mile to the east, has matured. The proposal brings a higher quality building and aesthetic site improvements. The applicant's representative has stated that it is the applicant's goal to further the vision of the Pembroke SGA Plan designed to transition to a higher and better use as the market changes, as small parcels such as this can be combined, and as the SGA transitions to a more urban environment as called for in the Comprehensive Plan and the Pembroke SGA Plan. At this point, the proposal is appropriate on this site at this location and over the long term, as the office market expands, this building can easily transition to a more urban form and use or be replaced with such. CONDITIONS 1. When the site is redeveloped as auto sales and service, it shall be in substantial conformance with the conceptual site plan entitled, "#5001 Virginia Beach Blvd, Virginia Beach, Virginia," dated February 23, 2012, prepared by WPL, with the exception of the following: A minimum 10 foot wide streetscape landscape strip shall be installed along Virginia Beach Boulevard CAR CHOICE Agenda Item 33 Page. 3 and shall include the required plant material in accordance with streetscape landscaping per the Virginia Beach Landscaping Guide. Large species shade trees shall be installed to meet the Display Area plant material requirement and shall be spaced in accordance with the Virginia Beach Landscaping Guide. Additional large shade trees shall be installed within the Display Area along the eastern property line in an effort to reduce heat island effect. The applicant shall coordinate with the DSC Landscape Architect to determine an acceptable location of said plantings but shall be at least 2 areas of at least 155 square feet in size within the display area. 2. When the building is constructed, it shall be in substantial conformance with the 3 elevations entitled, "Car Choice Headquarters Building," dated 2/21/12, prepared by Thad A. Brown. 3. The area labeled as "Turf Area" shall remain as open space with only turf. No parking, storage or service of vehicles shall be permitted in this area. 4. No unloading or loading of trucks and/or car carriers shall be permitted within any rights-of-way. All loading and unloading shall be only on site. 5. All required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 6. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed building in terms of color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 7. All auto repair work must be conducted inside the building/no repair of automobiles shall be permitted on the site, and no outside storage of parts, equipment, or wrecked or inoperative vehicles is permitted. 8. No outside paging system shall be permitted. 9. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property. 10. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 11. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. CAR CHOICE Agenda Item 33 P-age 4 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. CAR CH©ICE Agenda Item 33 Page 5 /lpl1E6 '+ttr~ ~~, r:;.• 'Y ~ ~~_ AERIAL OF SITE LOCATION CAR CHOICE `~ Agenda Item 33 ~ ;} Page 6 ~ ,. V/RG/N/A BEACH BOULEVARD (RTE. NO. 58) (VAR47BL£ WIDTH) Z ~ 8 Q ~~ Q _ eh h _ p O~ 0 ti a m U ~°3 j V 4 ~~~ emu p3p$~ 2WY Q Om 4 h 1 W h0 a 4 y h m b ~C ~~ Wm1 ~ `h m- ~~.. ~~42 ig~` ~~W~ Q h~~h O$Yb ~~~^ i ~~= g h' 2 O ho4 i ,` ' b d 0. m `h mum ti~ ~"°~ ti ~~~~ 0 m u~ ~~ ~~ ~ ~ O b~~ ~. ~~r $~io S ~ 3~ ~ O .:St n p O N N H o ° ~ N N N Nj N Y `j~ a~ ~`a & 3 ~ ~ ~ 8 ^ ~ ' ¢ p Lei W ~ Div SX c ~~ ` ~~ ~a ~~ ~~## G~ de ~ ~ ~~ ~r~ ~ ~ xo ^ ~& ~ ~~ ¢~¢ ~ ~ a ~ K •~ N ~ ~ W m $ W Z ~ ~ ~ `~~~ 8ti W J ~ ~~'~ .'~ ~ CD o _ ~ U ~ 0 Q ~~ w z 5 R~ + ~ m - Q G ~ Za= R Z'- ? u " gU~Q w ~ > W & ~ a ~ ~ 2 Q ~ R J Q N ~w1Sc~ j ~ m Z PROPOSED SITE PLAN CAR CHOICE :>~ Agenda Item 33 ~'•~ Page 7 ~~ ~, ,., Two Story Maintenance Bay Beyond 8'-10314' ~ 50'-0' Metal Signage on Building +~T ~s1 !" ~, _ .-(t (~ ~J (I a Ll U7~~i{;~ Clear Fkwr to Ceiling Glass ~, m i Covered Walkway ~ gu{t Colored Stucco Finish on Facades Visible from Public Streets Thad A. Broom, AIA ~ ~ ~ ~ ~~ ~p~yry Ardtiteds end Designers, PC 5200 Shore Breeze CL Di 2121!2072 7 Virginia Beach, VA, 23464 / ' ' ' ~ J~ ~Il\11id~ (ne ocecr z~cm:cc~ te1: 757.618.1125 IIaN 1 8 =1 -0 a n n PROPOSED NEW BUILDING w~ CAR CHO ICE Benda Item 33 `$ Pag e 8 ~ ~ N V O U >~ O '~ c~ v W O a~ c~ t7" '~ v x ~ V .,-~ a ~ E ~ E ~i ~~>°'3 U ~.~ ~ ~ O ~ ~ <~- ~ ~~~~ U FCC>F~ U ~~ U f`p V D u PROPOSED NEW BUILDING ~~ CAR CHOICE ~~ genda Item 33 Page 9 " ~~ ~, ~vv so.~o ~ ~ z ~oa~vzre 0 N ~ ~ I I N (V 651 O O O m C c NS I .Z' ~6~ g W a Q '~ W d S a_ .~ ii U a m~~ ~U N Q m N4tn D N ~ _N O C m U ~ O {p m O W m m ~m c0 Q m fn ~ N 9 t O C r F ~ ~ ~ d PROPOSED NEW BUILDING CAR CHOICE ';?~ Agenda Item 33 `~ Page 10 BAY51 DE ~ia~ li-~ ~,dl- l,.~liUll,C 1`~IitCi ~Ji laC~ lilt,. Ma ~t to Scate v ~. ~_. - a _ w ~ I~ a u r 'Zoning with Conditiona~Proffera, Open (r'(~17 . Motor Vehicle Sales and Service Space Promotion or POH-2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 11/09/04 01/23/89 CUP (auto repair) CUP auto sales & service Granted Granted 2 11/26/02 Street Closure Granted 3 06/25/02 08/14/01 CUP (tattoo, permanent makeup, piercing) CUP tattoo Granted Granted 4 02/01/00 CUP car wash Granted 5 09/28/99 CUP auto sales & service Granted 6 08/08/95 CUP auto sales & service Granted 7 03/14/95 04/23/91 08/28/90 CUP (auto sales & service) Subdivision Variance CUP auto sales & service Granted Granted Granted 8 05/26/92 CUP auto sales Granted 9 01/09/89 CUP auto sales Granted 10 09/18/89 CUP auto ~ ' "'---`- ~' 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) Car Choice Enterprise, Inc.: Shahab Rahim Zadeh, PresidenVSecretarylTreasurer 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOTa 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 ocher 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) 5001 Virginia Beach Boulevard Associates, LLC: Ji Bo Chen, Sole Member 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Contlitional Use Permit Appticalion Page 9 of 10 ReNSeo 7/3/2007 ~~ V ~~ 1M~~ W W M~~ ~~ A O DISCLOSURE STATEMENT CAR CHOICE Agenda Item 33 Page. 12 O ~-+ W W c/~ r~• z O ~~ O v DISCLOSURE STATEMENT CAR CHOICE Agenda Item 33 Page 13 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. WPL Mike Vance, William E. Wood & Associates ' "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. z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary vela#ionship, 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. 1 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 sfte for purposes of processing and evaluating this application. Shahab Rahim Zadeh, President Applicant's Signature Prini Name 5001 V' gi ch d. , Associates, ,Ti,6Q)Chen, Sole Member i3 Ti Bo Property Owner's Signa a (if difteren than applicant) Print Name Conditional Use Permd Application Paoe 70 of 10 Item #33 Car Choice Enterprise, Inc. Conditional Use Permit 5001 Virginia Beach Boulevard District 4 Bayside June 13, 2012 CONSENT An application of Car Choice Enterprise, Inc. for a Conditional Use Permit for motor vehicle sales and service on property located at 5010 Virginia Beach Boulevard, District 4, Bayside. GPIN: 14770419590000. CONDITIONS 1 When the site is redeveloped as auto sales and service, it shall be in substantial conformance with the conceptual site plan entitled, "#5001 Virginia Beach Blvd, Virginia Beach, Virginia," dated February 23, 2012, prepared by WPL, with the exception of the following: A minimum 10 foot wide streetscape landscape strip shall be installed along Virginia Beach Boulevard and shall include the required plant material in accordance with streetscape landscaping per the Virginia Beach Landscaping Guide. Large species shade trees shall be installed to meet the Display Area plant material requirement and shall be spaced in accordance with the Virginia Beach Landscaping Guide. Additional large shade trees shall be installed within the Display Area along the eastern property line in an effort to reduce heat island effect. The applicant shall coordinate with the DSC Landscape Architect to determine an acceptable location of said plantings but shall be at least 2 areas of at least 155 square feet in size within the display area. 2 When the building is constructed, it shall be in substantial conformance with the 3 elevations entitled, "Car Choice Headquarters Building," dated 2/21/12, prepared by Thad A. Brown. Item #33 Car Choice Enterprise, Inc. Page 2 3 The area labeled as "Turf Area" shall remain as open space with only turf. No parking, storage or service of vehicles shall be permitted in this area. 4 No unloading or loading of trucks and/or car carriers shall be permitted within any rights-of--way. All loading and unloading shall be only on site. 5 All required parking spaces must be marked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations. 6 Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed building in terms of color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 7 All auto repair work must be conducted inside the building/no repair of automobiles shall be permitted on the site, and no outside storage of parts, equipment, or wrecked or inoperative vehicles is permitted. 8 No outside paging system shall be permitted. 9 No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property. 10 According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 11 There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. Item #33 Car Choice Enterprise, Inc. 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 (OPTED) concepts and strategies as they pertain to this site. AYE 9 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAYO ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 33 by consent. '~ N w o ~~ b tQ O ~ O ~' 3 ~ oa ~ M v~ = y N oa ~~ .y H ~0 C C O ~' rn Y/ C rn ro y~~ {z ;` ~i ..a-„ ~~ ; ~ fi `~•J ~{yVyV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JAMES SAWH /GERALD E. SNYDER AND REGINA SNYDER, Conditional Use Permit, automotive repair, 5564 Virginia Beach Boulevard (GPIN 1467382684). KEMPSVILLE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow automobile repair to operate within the existing building in the rear of the property. Since 1973, auto repair and sales have occurred on this property. The building located at the front of the site, adjacent to Virginia Beach Boulevard, is used for auto sales. The building at the rear of the site consists of the original structure and two additions. A driveway on the west side of the auto sales building provides access to rear of the property where the auto repair business is located. The applicant occupies the section of the building located closest to the rear of the lot. Behind that building is a gravel storage area. The property is zoned B-2 Business. ^ Considerations: The applicant's need for the Use Permit is generated by his desire to conduct "heavy" repair work. At this point, the majority of the applicant's business consists of repair work of a "general service" type, such as air conditioning repair, brake work and tire rotation. The applicant's business plan proposes expanding the type of work to include a body shop. According to the applicant, approximately 95 percent of the repair business comes from the auto sales operation at the front of the lot. The site has right-in and right-out access to westbound Virginia Beach Boulevard. Since the property was originally developed in the 1970s, prior to Zoning Ordinance requirements for buffering between incompatible land uses, there is not sufficient screening for the adjacent apartment complex to the north. In accordance with the recommendations of the Comprehensive Plan for nonresidential uses adjacent to residential, as well as the current regulations of the Zoning Ordinance, Staff has recommended conditions intended to improve the aesthetics of the site and to install the missing screening. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: James Sawh Page2of2 1. Consistent with Section 224 of the City of Virginia Beach Zoning Ordinance, the addition of Category VI landscape buffer, including a solid fence with a minimum height of six feet, shall be installed along the northern property line (approximately 81 feet). 2. A solid fence with a minimum height of six feet shall be installed along the eastern property line the length of the auto repair garage operation and lease line (approximately 375 feet). 3. Consistent with Section 224 of the City of Virginia Beach Zoning Ordinance and in an effort to protect the adjacent property's from light pollution, all outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded; and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. No inoperable vehicles shall be permitted on site. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All auto repairs must take place inside the buildings. 6. No outside storage of equipment, parts, tires or materials shall be permitted. 7. All junk (including inoperable vehicles), debris, parts, old tires, or other discarded items must be removed from the site. 8. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenlc/y: Planning Department City Manager. '+`-- ~ ~' KEMPSV1lLE James Sa~~ h iz a. ~. .., ~ Q ~ / ~ d ~ o z J ` ~ ~ b ~ Ai8 a` K i ~ v` ~ ~ "f 62 ~ _ 02: ~~~,N `, a ~ ~e~~ az,' ~~ sz :;,o ~ ~ ~e~~o ~ Rt ~ ~ R7.5 a~`~ B2 3 R16 B2 ~~ ,ne c~,~~d~k„n s,dr.,.. ~~~ CUP for AaPO Repay ar~x+. ~bn,m~~m~~ w vem.~ a~~n,n REQUEST: Conditional Use Permit (automobile repair garage) ADDRESS /DESCRIPTION: 5564 Virginia Beach Boulevard 4 June 13, 2012 Public Hearing APPLICANT: JAMES SAWH PROPERTY OWNER: GERALD E~ SYNDER/REGiN~ SNYDER STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14673826840000 KEMPSVILLE 48,000 square feet Less than 65 d6 DNL The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUESY automobile repair to operate within the existing building in the rear of the property. Since 1973, servicing of automobiles has occurred on the property. The applicant would like approval to do "heavy" repairs. At this point, the majority of the repair work includes "general service" such as air conditioning repair, brake work and tiro rotation but in the future, the applicant would like to expand the business to include a body shop. There is an existing automobile sales business on this property, fronting Virginia Beach Boulevard. According to the applicant, approximately 95 percent of his shop's business comes from this auto sales operation. A driveway on the west side of the auto sales building provides access to rear of the property where the auto repair business is located. The site has right-in/right-out access to westbound Virginia Beach Boulevard. As auto related uses were approved prior to the adoption of screening regu~ations, the rear property line that abuts an existing apartment complex lacks plant material or solid fencing. JAMES SAWH Agenda item 4~ Page LAND USE AND PLAN INFORMATION EXISTING LAND USE: auto sales and service SURROUNDING LAND North: . Multi-family apartments / A-18 Apartment District USE AND ZONING: South: Virginia Beach Boulevard • Retail / B-2 Community Business District East: . Salvation Army building / B-2 Community Business District West: vacant / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As the property has CULTURAL FEATURES: operated since the 1970s as auto sales and service, there are no significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM fCIP): Virginia Beach Boulevard is an eight lane urban major arterial. The MTP Major Street Network Ultimate Rights-of-Way document proposes no changes to this portion of Virginia Beach Boulevard and there are no CIP projects in the area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 37,400 ADT 34,940 ADT (Level of Existing Land Use - 360 Boulevard Service "C") - 56,240 ADT ADT' (Level of Service Proposed Land Use 3- 360 "D" ADT Average Daily Trips s as defined by auto service however likely high as applicant reports 95% of business comes from adjacent sales business s no chan a antici ated to tri eneration as no increase to the number of service ba s is ro osed WATER ~ SEWER: This site is already connected to City water and sewer. There are City water mains and City sanitary sewer gravity main along Virginia Beach Boulevard. JAMES SAWH Agenda It®m 4 Page 2 EVALUATION AND RECOMMENDATION In 1973, a Conditional Use Permit was approved on this site for auto sales and service. Over the years, additional repair work beyond that limited by auto service has been done on this site. The applicant recently purchased the existing business and in the future, wishes to perform body work on vehicles. Based on the applicant's desire to expand into "heavy" automotive repair, it was determined that a revision to the existing Conditional Use Permit to add automobile garage repair is necessary. As the property was originally developed in the 1970s prior to buffering requirements, sufficient screening for the adjacent apartment complex to the north does not exist. In accordance with the recommendations of the Comprehensive Plan for nonresidential uses adjacent to residences as well as what the current Zoning Ordinance requires, Staff recommends conditions to improve the aesthetics of the site and to install the missing screening. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Consistent with Section 224 of the City of Virginia Beach Zoning Ordinance, the addition of Category VI landscape buffer, including a solid fence with a minimum height of six feet, shall be installed along the northern property line (approximately 81 feet). 2. A solid fence with a minimum height of six feet shall be installed along the eastern property line the length of the auto repair garage operation and lease line (approximately 375 feet). 3. Consistent with Section 224 of the City of Virginia Beach Zoning Ordinance and in an effort to protect the adjacent property's from light pollution, all outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. No inoperable vehicles shall be permitted on site. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All auto repair must take place inside the buildings. 6. No outside storage of equipment, parts, tires or materials shall be permitted. 7. All junk (including inoperable vehicles), debris, parts, old tires, or other discarded items must be removed from the site. 8. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property. JAMES SAWH #'~genda Item 4 -; Page 3 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. JAMES SA1NH agenda It~n 4 Page 4 AERIAL OF SITE LOCATION p SAWH '~ Item 4 ~'~ 'age 5 ' .~ '` ..~ F i s~~~ ~,a~a~s~~~a,a~l~e waylo~,a,aa,o~ltia~al, ~~, ~~ ,.__.. Subject v Building ~s'~~'~°° Block Existing 1-slay Black j ~ .; `1 y.....,~ ~ 1. r' ,. ___- -_1..__. 11, .... ~j,. i~ Y s Yl. Evsting 1-slwy Black ~~ ~ 1 ,~- T,~ r I i z ~ "~ o _ _ r 4 ~' i EXISTING SITE LAYOUT JAMES SAWH Agenda Item 4 ' "~ Page 6 ; :f y ~. ` _ ~ ~;~ KEMPSVILLE T., c .~_ ~1a~~ ~ -a it a><ut a uca ~~ ><>t k1a Jo; tc Sceis r 1 ;~ ~- $/( ~ .~ / o t a ~ ~ O t A~~._. ~-~ / ,- ~` ~~ ~ / '~ ,~ ~ ~ ~~~_ ~:~ ,- 5 s' ~' ~ ~ z_ i'i' ~; ~ ~ ~~ ~~~~ R7.5 ~~~, ~~.. _ Q. `Zoning wiffi Conditions8rorfers, Open Space Promotion or PDH-2 Overlays c,vr ror.KUiv ~~ ZONING HISTORY # DATE REQUEST ACTION 1 01/24/12 12/03/03 MOD (church) CUP church Granted Granted 2 05/09/00 CUP church Granted 3 04/26/94 CUP auto sales 8 service Granted 4 02/11/92 12/12/83 Subdivision Variance REZ B-1 to Conditional A-1 Granted Granted 5 05/14/96 09/17/91 CUP (auto sales 8 service) CUP rehabilitation center Granted 6 03/30/87 CUP auto sales & service Granted 7 07/06/81 CUP fuel sales & car wash Granted 8 06/11/91 NCU Granted 9 11/14/95 04/13/93 04/13/93 CUP (fuel sales) REZ (R-7.5 to B-2) CUP mini warehouse Granted Granted Granted 10 12/15/95 12/15/95 REX (R-7.5 to B-2) CUP auto sales Granted Granted 11 01/09/96 CUP (indoor recreational facility) Granted 12 03/19/73 CUP (auto sales & service Granted JAMES SAWH Agenda Item 4 Page 7 y ,~ ~. 4. ~. ' :. .. •~,.~-ter 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, paTrtners, etc. below: (Attach list if necessary) ..J c~rYl ~~ ~ a w~ 2. List all businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ~ ~J "' -e/'a~XQ' 2. List all businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach lisf if necessary) No nP~ ^ 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 interest? Z O .--. V I--~ W W c/~ ~~- ~--~ F'~ '--~ A O DISCLOSURE STATEMENT JAMES SAWN ~4genda It~rn 4 Page 8 y ~~ F~~1 [may z 0 F"~ A O DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and 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. t~sS~ignat e ~ Print Name Ownef's Signatu~ (if different than applicant) Print Name DISCLOSURE STATEMENT JAMES SAWH Agenda Ittn 4 Page 9 Item #4 James Sawh Conditional Use Permit 5564 Virginia Beach Boulevard District 2 Kempsville June 13, 2012 CONSENT An application of James Sawh for a Conditional Use Permit for an automotive repair garage on property located at 5564 Virginia Beach Boulevard, District 2, Kempsville. GPIN: 14673826840000. CONDITIONS 1 Consistent with Section 224 of the City of Virginia Beach Zoning Ordinance, the addition of Category VI landscape buffer, including a solid fence with a minimum height of six feet, shall be installed along the northern property line (approximately 81 feet). 2 A solid fence with a minimum height of six feet shall be installed along the eastern property line the length of the auto repair garage operation and lease line (approximately 375 feet). 3 Consistent with Section 224 of the City of Virginia Beach Zoning Ordinance and in an effort to protect the adjacent property's from light pollution, all outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4 No inoperable vehicles shall be permitted on site. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5 All auto repair must take place inside the buildings. 6 No outside storage of equipment, parts, tires or materials shall be permitted. 7 All junk (including inoperable vehicles), debris, parts, old tires, or other discarded Item #4 James Sawh Page 2 items must be removed from the site. 8 No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the property. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAYO ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 4 by consent. cn o o~ o o~ 0 o b p' 2y N Go .~ N N tD C O C Qo .., 3 rn 'v N C r rn ~1 T .-_~ ~. L '~ ..r ~. M wessF~~',~yy '.~ `N l V ~~ ~ ~~ `~, ,fir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANTHONY & ALYIAH PETERKIN/ J & J INVESTMENT, Conditional Use Permit, truck rental, 649 Newtown Road (GPIN 1468313784). KEMPSVILLE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant requests a Conditional Use Permit for truck and trailer rentals (U- Haul). The truck and trailer rental operation is located within the Newtown Baker Crossing Shopping Center. The center is a typical suburban-style retail complex that was developed in the 1980s. Typical of shopping center development at the time is the mostly impervious nature of the site, as it is occupied with buildings and parking areas, and has minimal landscaping. The complex consists of two buildings: a small strip at the northern portion of the site and a much larger one at the southern portion of the site. The applicant operates a driving school, which is located in one of the units in the southern building. ^ Considerations: The applicant proposes to operate as both apick-up and drop-off center for the rental business. He proposes having up to 10 trucks and or trailers available for rent. The trucks and or trailers will range from 14 feet to 22 feet in length. Hours of operation for the business will be Monday through Saturday, 9:00 am to 6:00 pm, and by appointment only on Sunday. The business has four employees. The applicant proposes to park the vehicles on the southern side of a median that connects to the access point on Newtown Road. The specific location will be opposite the south side of the commercial strip building on the northern portion of the site (area is shown on page 6 of the attached staff report). The Planning Commission, concerned that the 22-foot long trucks would extend into the drive aisle of the parking lot, added a condition requiring vehicles that exceed 18 feet in length be parked in the row of parking directly south of the proposed parking area. The parking spaces in the row to the south are connected to those in the next row, creating 36-foot long parking spaces suitable for the larger trucks rented by the applicant. There was no opposition to the request. Anthony & Alyiah Peterkin Page 2 of 2 ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: The truck and trailers shall be parked within the area depicted on the site plan in this report (page 6). The parking area is adjacent to the southern landscape island that defines the entrance from Newtown Road.-Vehicles that exceed 18-feet in length shall be parked in the parking space area directly south of the area designated on the plan. 2. There shall be no vehicle /trailer repair, maintenance, and or cleaning and washing of vehicles /trailers on the site. 3. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ,(, ~, 'C MDGV111 F ni:,h `~r-s:~ A»thonF ~ A~~'~~1n reierhin ~ ~ A 18 ~ .`~FI~ 6 '~ . F~ ~ ~ ~ ~~ , 2 %. t ~~ ~~ ~ ' i ~s ~~` ~ ~ - B~' ~, ea a,•' -~~e .e d~a ~ ~;. ~: ~/ t ~-~ 87 ~ .' ~~ a~zs '~a.. 2 ~ %~" A92 _ ~ ~ ~.er ~. r _ ~- r ~,,,,~ $2 ~~~~~~ Ft35 B ~ ,, ; ~ <, ,~r` .\ , 'zw~lw.,u com+~..o~+. °r'" CUP for Truck 8 Tr~~er Rents! so.~. v,«.ap. avn+a c».ti. REQUEST: Conditional Use Permit (Truck & Trailer Rental) 16 June 13, 2012 Public Hearing APPLICANT: ANTHONY & ALYIAH PETERKIN PROPERTY OWNER: NEWTOWN BAKER SHOPPING CENTER LLC STAFF PLANNER: Faith Christie ADDRESS I DESCRIPTION: 649 Newtown Road, Suites 110, 114, 115 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14683137840000 KEMPSVILLE 11.881 acres Less than 65 d6 DNL The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of the site for truck and trailer rentals. The applicant proposes to operate as both spick-up and drop-off center for the rental business. He proposes having up to 10 trucks and or trailers available for rent. The trucks and or trailers will range from 14 feet to 22 feet in length. Hours of operation for the business will be Monday through Saturday, 9:00 am to 6:00 pm, and by appointment only on Sunday. The business has four employees. The operation is located within the Newtown Baker Crossing shopping center. The center is a typical suburban designed center that was developed in the 1980's. Typical of shopping center development at the time the site is mostly impervious occupied with buildings and parking areas, and has minimal landscaping. The applicant's units are located in the southern building (the larger of the buildings on the site). LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is developed with a shopping center, several out parcels, associated parking, and minimal landscaping. ANTHONY &ALYIAH PETERKIN Agenda Item 16 Page 1 SURROUNDING LAND North: • Hampshire Lane USE AND ZONING: Across Hampshire Lane are multi-family dwellings / A-18 Apartment South: Newtown Road and Baker Road • Across both roads are service businesses and single-family and multi-family dwellings / B-1 and B-2 Business / R-7.5 Residential and A-12 East: Newtown Road • Across Newtown Road are service businesses and single- family dwellings / B-1 and B-2 Business and R-7.5 Residential West: NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: Suburban Focus Area 2 -Lake Edward The Comprehensive Plan designates this area of the City as Suburban Focus Area (SFA) 2 -Lake Edward. Lake Edward SFA is generally bound by Newtown Road on the east, Herbert Moore Road to the north, Virginia Wesleyan College on the northwest, and the City of Norfolk on the southwest. Goals in this area are focused around improving public safety, revitalizing homes and increasing recreational and education opportunities. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road is a four lane suburban minor arterial identified in the Master Transportation Plan Major Street Network Ultimate Rights-of-Way with an ultimate six lane typical section. Baker Road is a two lane suburban minor arterial; the Master Transportation Plan calls for it to be widened to four lanes. There are no CIP projects on either road. Because moving equipment rental is not an ITE land use category, worst-case trip generation was estimated based on several assumptions. First, the trips associated with the rentals were assumed to be in addition to the trips estimated from the shopping center's floor area. Second, all ten trucks identified in the application would rented concurrently. It was further assumed that each piece of equipment would be used for in-town moves such that it could be rented twice a day and each rental would involve four trips (arrival with equipment, leaving with equipment, returning equipment, leaving without equipment). This yielded aworst-case estimate of 80 ADT, with an assumed heavy peaking adding 10 of these trips in the PM peak hour. ANTHONY & ALYIAH PETERKIN Agenda Item 16 Page 2 TRAFFIC: Street Name present present Capacity Generated Traffic Volume There is no 30,600 ADT Existing Land Use - 6,420 traffic count ADT (146 AM Peak Hour, station located 600 PM Peak Hoar) Newtown Road on this Proposed Land Use - segment of 6,500 ADT (31 AM Peak Newtown Road Hour, 610 PM Peak Hour) Baker Road 12,900 ADT' 15,000 ADT' Average Daily Trips 700 square foot shopping center s as defined by a 91 , s as defined b a 91,700 s uare foot sho in center with truck and trailer rental WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposed use is compatible with the land use policies of the Comprehensive Plan. The City Zoning Ordinance requires that this type of operation be screened if it is located within 100 feet of a residential or apartment district or a right of way. The proposed parking location is 95 feet from Newtown Road. Staff believes the proposed parking location is adequate and the five foot deficiency is offset by the existing landscaping on the site. Installation of a six-foot high fence and landscaping within this particular area of the site would be more detrimental than beneficial to the site. The Ordinance allows that "The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations from the following requirements otherwise applicable to the proposed development: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements. Staff finds the request acceptable and recommends approval subject to the conditions listed below. CONDITIONS 1. The truck and trailers shall be parked within the area depicted on the site plan in this report (page 6). The parking area is adjacent to the southern landscape island that defines the entrance from Newtown Road. .Vehicles that exceed 18-feet in length shall be parked in the parking space area directly south of the area designated on the plan. There shall be no vehicle /trailer repair, maintenance, and or cleaning and washing of vehicles ANTHONY ~ ALYiAH PETERKIN Agenda Item 16 Page 3 trailers on the site. 3. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ANTHONY & ALYIAH PETERKIN Agenda Iterr~ 16 Page 4 AERIAL OF SITE LOCATION ANTHONY & AL 4r I PETERKIN ,'~ ;nda Item 16 3 Page 5 ~} t }I j7++ ! } ~ { x} 5 i iE;~jl I~~+ Ily iii ~i i ~ I ~1 ~ ~ - - ~}jl°~~I }Il; Ejl i},i I~j 1 I i+ ~ +) _.' e IIy~Y,}1 ~ls. ;~a l:il {{t7 i 1~ i} { }, f~+ +S+ il~Fa +~ IIIF II a e+ e' ! iJ 1,~j31.~ g~']I ~7s 17;?~I ilt !~ !! f~ I el .::i . iifj ~Il!l;j~{~31i'~~}~Rl~'{ i ' 11 +) ~4.., J a • W ~,Y ~pSHIPE + ~~ ,~„_ SURVEY OF EXISTING SHOPPING CENTER (NORTHERN PORTION) ~ i ANTHONY & ALYIAH PETERKIN ~ `~~ ', Agenda Item 16 ~' Page 6 ~ i t u .~ .~ ~,.-~ . ~„ w:-~- i SURVEY OF EXISTING SHOPPING CENTER (SOUTHERN PORTION) ANTHONY & ALYIAH PETERKIN Agenda Item 16 , ,y Page 7 ~ ~' ~_ ~, _ 45,.., ~. -,, , ,~ KEMPSVILLE nt.~~~ c_~-s ~ Anthony & Al~~iah Peterhin hrfa ~ vot ft? Sr 5ie ,,,,, ~ ~ ~_ ~ ~s~~ fir ~,n, a 1~` ' ;r~~ s y ~ / ~~` ~1 ~ ~ > i~.. ~ ~_ S~ ~. i%~". ~ _~ ~ ~ ~ k~ '~ -~ ~,, y ~~%~ ~ B4,, 61 AFB, ._, "y ~ ~~ ~~ ~~ ~~ ~ ` aaavr ~ ~ ~ ~ ~ ~ ~ - ~ / "~%`~ ,tip ~ ' jy ~~ i~ ' ~ ~ r, ~ ~, ___ ~, , ' ~,~i ii ,i~ ~ ~~ ~ ~ ~ 11 ~ ~ ~~,.~ .,~, 'Zoningwirh ConAitions+Pro//ers.Open CUP for Truck & Trailer Rental Space Prornofion or PDH-2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 12/13/11 Conditional Use Permit (Passenger Terminal -Bus Approved 07/09/2009 Line) Withdrawn 06/27/2006 Conditional Use Permit (bingo hall) Approved 03/08/2005 Conditional Use Permit (religious use) Approved 10/8/79 Conditional Use Permit (religious use) Approved 9/9/68 Rezoning (A-2 Apartment to B-2 Business) Approved Rezoning (R-S 3 Residence Suburban to C-G 2 General Commercial and R-M Multi-famil 2 5/24/11 Rezoning (Conditional A-18 Apartment to PD-H2 Approved Planned Development (A-18 Apartment) and Street Closure extension 5/25/10 Rezoning (R-7.5 Residential to Conditional A-18 Approved A artment and Street Closure 3 2/27/01 Conditional Use Permit Self Stora a Facilit A roved ~~r11A k3L'AcY -,~ ANTHONY & ALYIAH PETERKIN `~~ Agenda Item 16 ~y Page 8 * ~ ~.~^5 ~ U i 1 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 nec ess ary) j~ p y ,ne-t ~- ~" ~~ ~ ~ 1 ~~-P._.r~ f---~h 2. List all businesses that have aparent-subsidiaryl ar affiliated business entity2 relationship with the applicant: (Attach list /f 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 app scant. 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, ist if necessary) es, partners, etc. below: (Attach ! trus te /~ /' ~ ( l f~-~~wvt ~~r ,~4wcos?u-,a ~~ 2. List all businesses that have aparent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list ifnecessary) l d- _~ J e ~-e.: -t- ~ ~ r.~.n av-tl. ^ Check here if the pro rty owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the Ci 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? Conditional Use Penult Application Page 9 0! 10 Revised 3171!08 ~~ ~~~ l~~ W W ~~ i~l ~y A DISCLOSURE STATEMENT ANTHONY 8~ ALYIAH PE' Agenda I'ER~(IN I teti 16 Page. 9 Z O a w w w z 0 ~.. A Z O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: {Attach list if necessary) I /~v ~ ' "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. z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." Sea 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 not cation (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 na ure Print Name Property Oy! ~'s Signa a (if different than applicant) Print Name Conditional Use Permit AppliceGon Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT ANTHONY ~ ALYIAH PETER~(IN 4Agenda Item 16 Page 10 Item # 16 Anthony &Alyiah Peterkin Conditional Use Permit 649 Newtown Road, Suites 110, 114, & 115 District 2 Kempsville June 13, 2012 CONSENT An application of Anthony &Alyiah Peterkin for a Conditional Use Permit for truck and trailer rentals on property located at 649 Newtown Road, Suite 110, 114 & 115, District 2, Kempsville. GPIN: 14683137840000. CONDITIONS The truck and trailers shall be parked within the area depicted on the site plan in this report (page 6). The parking area is adjacent to the southern landscape island that defines the entrance from Newtown Road. ~e~else-e}}thc~s~te: Vehicles that exceed 18 ;feet in length shall be parked in the parkin space area directly south of the area designated on the plan. 2 There shall be no vehicle /trailer repair, maintenance, and or cleaning and washing of vehicles /trailers on the site. 3 There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs which are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 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 ofPlanning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valitb Item # 16 Anthony &Alyiah Peterkin Page 2 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAY 0 ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 16 by consent. Alyiah Peterkin, the applicant, appeared before the Commission. C ,D O 0 .~. O O i ~ I ~ ~ ~~ Si . "`' IS ~' -"L ~ ~ W c~ ~ ~ ~_ W `~ _-__-- }~~a ~~ ~~. ~~~ ~ ~~ 70 - _~ ~~. ~~, ~ w,.,-, .. - `,.5 ~ ~ I ~I N ' '~~ ~. \ =, 1 '~ ~, N ~_ _ .F~ ~ , ~ i ~ - ,~~ ~ ., __ ~ ., ~ ~; -, ~ ~\ ti ~ ~, W yyti ~ ~' ~~-~ ~~ L ~ 1 Jf~ ~ ' I 1_ ~ 'f ~r r~ ~} f 1 ~ + ti ti t3 ~ _ ~ ' i ~~- _~_~ _ __ I ~ L~ l ~ ~ , i III _ - ~- ~_ ~ __ - ~~ 1 _~ - ~~~ 11 t ,~, j 3Ati ~~ ~, . , _ : _ _ __ I _ ~ „~ _- _~ -- s .HU ~~ r ~~ ~~ ~~ . Est 4- ._ , ., ~`'~V~ ~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OLD BEACH GREEN MARKET, Conditional Use Permit, outdoor market, 1909 Cypress Avenue (GPIN 2417970474). BEACH DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant requests a Conditional Use Permit to allow use of the site for an outdoor "Green Market," intended for eco-friendly vendors (sustainably and ethically made) products and information. The site is zoned RT-3 Resort Tourist, and is developed with an office building and its associated parking lot. A portion of the site is an open grassed area; the proposed market will be located in that area. ^ Considerations: The market will consist of `stations' distributed throughout the undeveloped (lawn) area of this site, providing space for 25 vendors to market their work. The organizers of the market are proposing operation of the market on the first and third Saturday of every month from May through September; however, as the market becomes more well-known, the schedule may become weekly instead of biweekly. The hours of operation are proposed as 8:00 a.m. to 1:00 p.m. Parking is available on the site as well as on the south side of 19th Street within one of the 'pods' of parking for the Convention Center. The market is being located in close proximity to the Old Beach Farmers Market, which is one block away. The hope is that each market will complement the other and contribute to the success of both. The addition of another outdoor market to this area of the Oceanfront Resort Area is a suitable and encouraged use. This location works well for this type of use as it is centrally located and within walking distance of several neighborhoods but not immediately adjacent to any single-family residential uses. The offices immediately adjacent to the proposed location are generally closed during the proposed hours of operation for the Green Market. Therefore, the office's parking lot can be used for the proposed use, mitigating potential parking conflicts. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: Old Beach Green Market Page2of2 Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. and 1:00 p.m., during the months of May through December. 2. Trash and recycling receptacles shall be located at the entrances/exits to the market, and at other locations on the site as determined by the operator of the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 3. Parking for the market may occur on the site in the designated parking area or within the Convention Center parking areas on the south side of 19tH Street. 4. The only items to be sold at the market shall be eco-friendly (sustainably and ethically made). 5. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. ^ 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: b~-~ BEACH rte. .. .... __._~ r_....... >•R.~..b.,~ flap L,.ll•6 V IU DCQCII llI GGl 1~1Q1 nc. Abp la ro Scale -~t~T3 1 ~ ! RT3 ,~ z~~~g~Ee~ ~~'~~~~ " ` ~ ~'' ~. ,, .~ ~ , ~ RT3 1,~'.- ~~._, RT3 ~" ~ . ~, ~~ S ~,.. ` - ''~iT3 "~ _ S ~ ~'4 h ttaet , ~„~ ~ ~ ~~ ~ ~ ~ RT~ ~'~~~ ~ ~.. ti - ~~ ~w „maT ~ RT3 ~~- ; 1 ~'~ ~_- - ~~a_ 1 ~~ ~O1 ~ ~ 01°"~`"„,r~,°"' CUP for Outdoor Flea Market REQUEST: Conditional Use Permit (Outdoor Market) ADDRESS /DESCRIPTION: 1909 Cypress Ave 14 June 13, 2012 Public Hearing APPLICANT: OLD BEACH GREEN MARKET PROPERTY OWNER: CHI ENTERPRISES, LLC STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: TOTAL SITE SIZE: AICUZ: 24179704740000 BEACH 47,840 square feet 70 - 75 dB DNL MARKET SIZE (approximate): 17,000 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for an outdoor green market promoting eco-friendly vendors with green products and information. The market will consist of `stations' distributed throughout the undeveloped (lawn) area of this site, providing space for 25 vendors to market their work. The organizers of the market are proposing operation of the market on the first and third Saturday of every month from May through September; however, as the market becomes more well- known, the schedule may become weekly instead of biweekly. The hours of operation are proposed as 8:00 a.m. to 1:00 p.m. Parking is available on the site as well as on the south side of 19~h Street within one of the 'pods' of parking for the Convention Center. The market is being located in close proximity to the Old Beach Farmers Market, which is one block away, with the hope that each market will complement the other and contribute to the success of both. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped portion of an office development OLD BEACH GREEN MARKET Agenda Item 14 Page. 1 SURROUNDING LAND North: Multi-family dwellings (apartments) / RT-3 Resort Tourist USE AND ZONING: District South: Parking lot / RT-3 Resort Tourist District • District East: Cypress Avenue • Retail Building / RT-3 Resort Tourist District • District West: • Multi-family dwellings (apartments) / RT-3 Resort Tourist District • Office/ RT-3 Resort Tourist District NATURAL RESOURCE AND Grasses, vegetative groundcover, and trees are located on the site. CULTURAL FEATURES: There are no known significant natural resources or cultural features located on the site. COMPREHENSIVE PLAN: This area of the City is designated as Urban Area -Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28). Further, the site is located a block north of the Central Beach District of the Resort Area Strategic Action Plan (RASAP) and in close proximity to the Convention Center. The area has great potential for future redevelopment associated with the Convention Center and potentially increased development opportunities resulting from light rail or some other form of rapid transit service, as is being studied in the Virginia Beach Transit Extension Study. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is from Cypress Avenue, south of its intersection with 20 Street. Cypress Avenue is a two-lane local street with asixty-foot (60') right-of-way width. It is not included on the City's Master Transportation Plan map. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Cypress Avenue 4,270 ADT 6,200 ADT (Level of Existing Land Use - Service "C") 1792 ADT 9,900 ADT' (Level of Proposed Land Use 3- Service "D") -Capacity 553 ADT -Saturday 11,100 ADT' (Level of Service "E" Average Daily Trips s as defined by 1.098 acres of RT-3 3as defined b 13,150 SF ross leasable floor are of specialt retail _r The floor area of leasable space used for calculating tnp generation rates was assumes Uaseu tin uic s~~C ~~ the "grassy lot" as described in the application. If the size of the area dedicated to vendor space is different from this assumption, a revised trip generation should be calculated. However, the number of trips generated by this use should be considerably fewer than what is allowable based on the existing zoning. Therefore, Traffic Engineering does not foresee any traffic-related issues with this application. OLD BEACH GREEN MARKET Agenda Item 14 Page 2 DEPARTMENT OF PUBLIC HEALTH: If there are any vendors preparing food, then a Virginia Department of Public Health permit would be required. These permits need to be applied for a minimum of ten days in advance of the Market opening. EVALUATION AND RECOMMENDATION The addition of another outdoor market to this area of the Oceanfront Resort Area is a suitable and encouraged use. This location works well for this type of use as it is centrally located and within walking distance of several resort neighborhoods but not immediately adjacent to any single-family residential uses. The offices immediately adjacent to the proposed location are generally closed during the proposed hours of operation for the green market. Therefore, the office's parking lot can be used for the proposed use, mitigating potential parking conflicts. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. and 1:00 p.m., during the months of May through December. 2. Trash and recycling receptacles shall be located at the entrances/exits to the market, and at other locations on the site as determined by the operator of the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 3. Parking for the market may occur on the site in the designated parking area or within the Convention Center parking areas on the south side of 19`" Street. 4. The only items to be sold at the market shall be works of the artists who are provided a space within the market area. 5. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. a OLD BEACH GREEN MARKET .;Agenda Item 14 Page 3 NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. OLD BEACH GREEN MARKET Agenda Item 14 Page 4 AERIAL OF SITE LOCATION OLD BEACH -; _ '~ 4 ~' y 5 {'.~ ~~ 4uY~ NF ''r, / <~~ RIY'~) ~~ R ~ o~r~. :9ix h~ Z ~ ,b, ~.. °' ~~s~° •~$ ` .. ..~ t g ~ ~ ~ g f ;~ f g~e 5~° m i~o [ ~ i3 ~ ; I g 1 RR/SM '~ 40 ^ JI}~ AMOK I ~s ~n se a ni \ ~• >> 1 it ~~ 3 s• '~ a ~~ t~ r r ~ _ ` 133s •~ 9~' x '"~ ~. ~ ~~ ~ _~ MARKET ~ 'm AREA ~ ~ ~ \ 570!! • r~ i ai ~^ I N 1 ~j1 ~~ ~ Aim ''l ~P 8~eb,, ~9rs WO `ru_ o~O ~^m t sa ~~o ~~ Q~° i~a k c PROPOSED SITE PLAN ~~~ OLD BEACH GREEN MARKET Agenda Item 14 Page 6 .f. ~..~ BEACH Slap L,~i-b (~lrl Reach Green Markey lv1aJl Noi to Scale - --"' - - -- - -- - - - --- --- - T3 ,., t ~T3~ _ ~~` `. ~s ,- , ,, ~ ~ ~,1 ~ ~ _, 1~ -, ~~-, ~ ~ ~ ,, 21st S~REE~ _ _~ -7 ~,, _ , , ,_ , , ~ ,, ~ ~ ,~ ~. ~ ~ ~L. , ~.. , _ r ~,7 ,~ r '~ a ' ~ ~ ~i,a ~~'y LS - ~~ ~ z , :•. r- .,. , '~ ,i ~i ~ ti ;,, ~ _ ,w__--t~ _ 1 ~1 ~ i -- , , a ~ ~, : ~ ~ ,. ,t 1 ~ ~ .~ ~' ;` ~, '.~. ~ -,, `~ f' ~ 3 ti 1 ~~ m ~, l s:.~~ M ~`: ', cn ~ - ~~ ' ~ 15 ~ 'ti ~ ~ ~ '~ ~. ti ; , - ~' ' x RT3 '~ m ~ ~~ ~~~~ ~ s ~, ~ .~ ,,, ~~ ~ m ~ ' ~ ~ ~T-a 1 ~ .~ ti ~ ~ treet r F ' - , ~ r~ , ~ -. ~ __ _ _ "~ r '' ~ ~ ~_~,"' ,~ t _', ~,-- ~, '~~'3 ~~, -: ~ '~ "~ c ~ _ v 7rts~ h~ ~ ~M ~ -~y oae 'Zoning with Condldons.Proffers, Open Space Promotion or POH-2 Overlays CUP for Outdoor Flea Market ZONING HISTORY # DATE REQUEST ACTION 1 05/25/2010 Use Permit Flea market Granted 2 07/05/2000 Use Permit off-site parkin Granted 3 02/09/1993 Use Permit skateboard ram Granted 02/09/1987 Use Permit retail -waters orts sho Granted 4 11/19/1984 Use Permit multifamil dwellin s Granted 5 11/22/1988 Chan a in a Nonconformin Use Granted 6 04/14/2009 Use Permit (seasonal outdoor farmers market Granted OLD BEACH G i - "~= .EN MARKET ~ ~ genda Item 14 Page 7 s, `~.: .~~ X4'4.= ova hF;;,~~ ~~~~ 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) Old Beach Green Market Christina Trapani, LLC Member 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Ecomaniac Company, LLC 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) CHI Enterprises, LLC Howard Collins / Dav1d Isbell /John Hodges, Members 2. List all businesses that have aparent-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 Does an official or employee of~City of Virginia Beach have an interest in the subject land? Yes ~ No x if yes, what is the name of the official or employee and the nature of their interest? Conditional use Permtl Appliptlon Pape 9 of 10 ReWSed 7131?007 O a w w z 0 A z 0 V DISCLOSURE STATEMENT OLD BEACH GREEN MARKET Agenda Item 14 Page 8 ~~ V_ ~~ z I-~+ .-~ Z O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Eco Maniac Company, Via Creative Gallery, BT Distributing of Tidewater EcoExiatence, VeloSamboo, Morphed Products, Roses Ridge Farm, New Forest Earth, Blue Crab Books, Dos Manos Art ' "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." Sea 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. r._..-----'-~ r/1LL 1 /C( /~ r Appli is n Pr~~ini,,NJJame (/ Pr rty Owner's Signature (if different than applicant) Print Name Conditional Use Permit Applicatbn Page 70 of 10 Revised 713!2007 DISCLOSURE STATEMENT OLD BEACH GREEN MARKET ,Agenda Item 14 Page Item 14 Old Beach Green Market Conditional Use Permit 1909 Cypress Avenue District 6 Beach June 13, 2012 CONSENT An application of Old Beach Green Market for a Conditional Use Permit for an outdoor market on property located at 1909 Cypress Avenue, District 6, Beach. GPIN: 24179704740000. CONDITIONS i. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. and 1:00 p.m., during the months of May through December. a. Trash and recycling receptacles shall be located at the entrances/exits to the market, and at other locations on the site as determined by the operator of the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 3. Parking for the market may occur on the site in the designated parking area or within the Convention Center parking areas on the south side of 19th Street. a. The only items to be sold at the market shall be eco-friendly (sustainableand ethicall~ade). , ~+~,o ,,,~;~~~ .~,,,„ ., o ,;aoa ., ~~.,,.o . ,;~~,;,, ~~o ,.....,,.,~o* s. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. Item 14 Old Beach Green Market Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 14 by consent. Christina Trapani appeared before the Commission on behalf of the applicant. ~~N O ~ t~ o~ 0 o c7 o ~: H N 0 0 ti. cep cD .~~J H N O <p O 0 ~~ ~ O jy rn r y ~+ T q r r w~ 1 ~Su:~cy~ ~ o``F ! ~r ~- t" ..~ psi c4`sk ~r JF, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NATHAN B. HUDSON/HOLLAND PLAZA SHOPPING CENTER, LLC, Conditional Use Permit, indoor recreation, 4308 Holland Road (GPIN 1476975253). ROSE HALL DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant requests a Conditional Use Permit for an indoor recreation facility in a unit of the Holland Plaza Shopping Center. ^ Considerations: The applicant's proposed facility, which will be called "Doodles Inflatable Fun," is an art-based facility geared towards early childhood creativity and motor skills. The idea was inspired by both the Children's Museum in Portsmouth, Virginia and the Crayola Factory in Easton, Pennsylvania. The specific request is for 10,000 square feet of inflatable bouncers, games, wall art, art stations, art rooms, party space, and concessions. Hours of operation are proposed as Monday through Saturday, 10:00 a.m. to 9:00 p.m. and Sunday, 12:00 p.m. to 6:00 p.m. The proposed recreational use is consistent with the Comprehensive Plan's policies for the Suburban Area, as this type of use helps support the recreational needs of residents in the area. The facility will be a positive addition to the site. Ample parking is available within the center to support this use in addition to those uses already located in the center. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following condition: 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 Nathan B. Hudson Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager: Planning Department ~, ROSE HALL r r-a 11AUlAlI L. liUUJVa^ ~ ~~ ~ . A12 ~ ~ ~ 16~, r I 1 R7.5 Rn,5 - oi ~..r .r+...o gz ~, `~ o. ata, ~;: '~z> t Vp r. ~qQ ; B2 ,~~. ~~ oz / _ PDH1 vil ,~ ~ B2 ~. Z~.~.y. HA Co1dM'w PMMa. a,.. Sua~P~.n.Wn aPON~l O..M. CUP -for indoor Rcereatlon REQUEST: Conditional Use Permit (indoor recreation facility) ADDRESS /DESCRIPTION: 4308 Holland Plaza Shopping Center 6 June 13, 2012 Public Hearing APPLICANT: NATHAN B. HUDSON PROPERTY OWNER: HOLLAND PLAZA SHOPPING CENTER, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14769752530000 ROSE HALL Entire site: 10.92 Less than 65 dB DNL acres Unit site: 10,280 square feet The applicant requests a Conditional Use Permit for an indoor SUMMARY OF REQUEST recreation facility for "Doodles Inflatable Fun." The applicant's proposal is an art-based facility geared towards early childhood creativity and motor skills. The idea was inspired by both the Children's Museum in Portsmouth, Virginia and the Crayola Factory in Easton, Pennsylvania. Specifically, the request is for 10,000 square feet of inflatable bouncers, games, wall art, art stations, art rooms, party space and concessions. Hours of operation are proposed as Monday through Saturday, 10:00 a.m. to 9:00 p.m. and Sunday, 12:00 p.m. to 6:00 p.m. LAND USE AND PLAN INFORMATION EXISTING LAND USE: existing shopping center NATHAN B. HUDSON Agenda Item 6 Page 1 SURROUNDING LAND North: • Single-family dwellings / R-7.5 District USE AND ZONING: • Multi-family dwellings /District South: • South Plaza Trail • Mixed retail / B-2 Community Business District East: • South Plaza Trail • Office, retail / B-2 Community Business District West: Holland Road • Mixed retail / B-2 Commercial Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As the site is CULTURAL FEATURES: developed as a shopping center is almost entirely impervious, there are no significant environmental or cultural features present. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Suburban Area. The Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road Is a four-lane urban minor arterial. According to the MTP, the ultimate typical section will be six lanes in a 150 foot wide right-of-way. South Plaza Trail is a four lane suburban minor arterial. CIP #2.178.021 will modify the signal at the Holland/South Plaza intersection but will only consist of pedestrian improvements and replacement of the existing signal equipment. No increase in vehicular capacity is planned. TRAFFIC: Street Name present Volume present Capacity Generated Traffic _ Holland Road 40,900 ADT 22,800 ADT (Level of Service "D") - 27,400 ADT' (Level of Service «E„) Existing Land Use z- 5,850 South Plaza Trail 10,200 ADT' 30,600 ADT' (Level of ADT Service "D") - 32,800 Proposed Land Use 3- No ADT' (Level of Service Change Anticipated «E„ Average Daily Trips s as defined by a 75,000 sf shopping center s as defined b the fact that the tri eneration takes in to account recreation tenants within a shop in center WATER 8~ SEWER: This site is already connected to City water and sewer. There are City water mains in both Holland Road and South Plaza Trail and an existing City sanitary sewer gravity main on site within a 15 foot wide public easement. NATHAN B. HUDSON Agenda Item 6 Page 2 EVALUATION AND RECOMMENDATION The applicant's request for a Conditional Use Permit fora 10,000 square foot, art-based, indoor recreation facility to be known as "Doodles Inflatable Fun" is recommended for approval. The proposed recreational use is consistent with the Comprehensive Plan's policies for the Suburban Area as this type of use helps support the recreational needs of residents in the area. The facility will be a positive addition to the site. Ample parking is available within the center to support this use and those already existing. Staff recommends approval of this request with the condition below. CONDITION 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 maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ~. . NATHAN B. HUDSON Agenda Item 6 Page 3 ~~~ x ~„~, s„ -%. AERIAL OF SITE LOCATION ~ NA • ~ ` ~~ 4N B. HUDSON %. ~ Agenda Item 6 ',y; Page 4 ~ d 9 ~, ~. ~. -~~~°~ ~I ! i; I~ .~ ~ ~ I,;, ~~ ; ~ ~I~ , fi .: ~., ~, ~, aid r; t; ~~; i :: :'~ EXISTING SHOPPING CENTER LAYOUT ~~ NATHAN B. HUDSON ;~~ Agenda Item 6 ,~ Page 5 ~. S. Plaza Trail ...,.e, i TYPICAL SIGNAGE ~c. ~'~, y ~' ~ ,~ ~ `S ~` ..:. f ~~~ 4 LfA hN ZONING HISTORY # DATE REQUEST ACTION 1 10/14/08 CUP communications tower Granted 2 05/08/07 REZ B-2 to Conditional A-18 Granted 3 02/08/05 CUP home occu ation Granted 4 02/10/98 REZ B-2 to Conditional A-18 Granted 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, partnel rs,, etc. belo`w': (Aftach list if necessary) •~n."~'V1ci1V~ L"~1~SdY1 2. List all businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: (Aftach 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: (Aftach Nst if necessary) iV~q,Y10.C~ t vt~ VK.E•Wl ~- Holland Plaza $110pp1.T1Q Center L.L.C.- N~~c~n0.~~ '~ *}ZN.lgcy'vlQ. -.~td•148~r. Partners are _ _ ---- - - ~ 2. List ail businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant; (Aftach list if necessary) N/A ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subJect land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? C'.nodl~innnl usA PP.m;, o~.,~~..o~,,... C F~ F~ W III O ~-~-a DISCLOSURE STATEMENT NATHAN B. HUDSON Agenda Item 6 Page 8 ~~ F~ ~~ _"""~i 1N~~ ~~ !"~7 ~~ ~~ ~~ 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 Ifst 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. s "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (Iii) there is shared management or control between the business entitles. Factors that should be cons)dered in determining the existence of an affiliated business entity relationship include chat 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 chat the information contained herein is true and accurate. I understand that, upon receipt of notificailon (postcard) that the application has been scheduled for public hearing, I am responsible for obtairn, g and posting the required sign on the subject properly at least 30 days prior to the scheduled public hearing according io 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. ti/afGtan 8, E{-r,~~son Print Name _ Michael D. Newsome than applicant) Print Narne DISCLOSURE STATEMENT NATHAN B. HUDSON Agenda Item 6 Paae 9 Item #6 Nathan B. Hudson Conditional Use Permit 4308 Holland Plaza Shopping Center District 3 Rose Hall June 13, 2012 CONSENT An application of Nathan B. Hudson for a Conditional Use Permit for an indoor recreation facility on property located at 4308 Holland Plaza Shopping Center, District 3, Rose Hall. GPIN: 14769752530000. CONDITION 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 (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE Item #6 Nathan B. Hudson Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 6 by consent. `O~ N :~ O ~c o~ 0 o `~ ~o ti 1 v ti ti y N Cj ~ ~ ~D ~ 4 fA Vl~ v cp Q ~. ^~ W ~_ /r~^ r.^i ` J W /r/~^ ~i O 0 0 V ~. `. A~ W D 1 V N I „emu _~~ ~'S yL7 f0~ ) ~~ ~~l ~~ ..~.., ., qs, %%J; .~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HABITAT FOR HUMANITY, Change of Zoning District Classification, R-5D Residential Duplex to Conditional R-2.5 Residential, 4957 Bonney Road - at the unimproved end of Kenley Road. (GPIN 1477013074). BAYSIDE DISTRICT MEETING DATE: July 3, 2012 ^ Background: The applicant requests a Change of Zoning fora 26,324 square foot parcel from R-5D Residential to Conditional R-2.5 Residential. The applicant proposes to subdivide the parcel into six lots, each of which will be developed with one townhouse. The townhouses will be arranged in three groups of two attached dwellings. With the current R-5D zoning, the site can be developed with five dwelling units, which could be built either as five single-family dwellings or as two duplexes (four units) and one single-family dwelling unit. The applicant has noted that the additional unit gained through this Change of Zoning will provide the funds that will assist in covering the cost of the infrastructure related to the project, particularly the extension of Kenley Road. ^ Considerations: The parcel fronts on Bonney Road but also has frontage on what is currently an unimproved section of Kenley Road located between the currently improved section at the southern end of the parcel and Bonney Road. Kenley Road will be improved from the southern end to a cul-de-sac bulb at the northern end of the proposed subdivision. The submitted Conceptual Site Plan shows six lots. The four interior lots and the exterior lot located adjacent to the residential area to the southwest are 38 feet in width and 87.66 feet in depth, which results in a lot area of 3,331.08 square feet. The northern exterior lot is the largest of the lots (4,882 square feet), primarily due to its odd shape, being located on the cul-de-sac. The proposed subdivision and the layout of the dwellings meet the dimensional requirements of the Zoning Ordinance, with the exception of the front yard setback. The proposed front yard setback is shown as 20 feet instead of the required yard setback of 30 feet. One of the corners of the front of the dwelling on the northernmost lot (labeled as Town 1 on the Conceptual Plan) is only 4.5 feet from the right-of-way line due to the dwelling's location on the cul-de-sac bulb. The applicant is aware of the deficiencies of the front yard setback, as well as the fact that a variance to this requirement will need to be sought from and granted by the Board of Zoning Appeals (BZA). Habitat for Humanity Page 2 of 2 The dwellings are two-stories, designed in a simple traditional architecture, reminiscent of dwellings from the early to mid-20th century. In particular, the homes have wide, deep covered porches, with grassed front yards in front of the porches. Parking for each unit is provided on 9-foot by 30-foot (9'x30') driveways. The driveways for the interior lots are joined to create one 18-foot by 30-foot (18'x30') pad, divided by the lot line. This parking arrangement reduces the number and width of the curb cuts commonly associated with residential projects with this type of dwelling. Typically, such projects place the parking directly in the front of the home and the parking pad is two cars wide, which results in, due to the homes being close together, an almost continuous `curb cut' at the street, as well as no front yards. Staff finds the applicant's design provides a layout with a greater opportunity for activity in the front of the homes rather than the rear of homes, as is typical of many current residential developments. There was opposition to the request. ^ Recommendations: The Planning Commission, passed a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council as proffered below: PROFFER 1: The property shall be developed, in substantial conformance with the conceptual site layout prepared by Timmons Group, entitled "Conceptual Site Plan", "Habitat for Humanity," dated March 14, 2012, (hereinafter "Site Plan"). PROFFER 2: The buildings on the Property shall have an exterior architectural style and use design elements in substantial conformance with the elevation plans prepared by Clark Nexsen, P.C., entitled, "Habitat for Humanity of South Hampton Roads," dated March 8, 2012 (hereinafter "Elevation"). PROFFER 3: No more than six (6) dwelling units shall be constructed on the Property. ^ 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 Manage . S ~ ~ firms snrs~oe nl~p u-~ Habitat for Humanit~~ South Ham rton Roads l~~ ~ ~ ~~ ~. `~. A42 ~ i i - `~ ,;.~ ~ i I ''x A L ! ~ 1 ,' la ~ ~~ ~~ ~ ~ ~ F `~.~ n ~~ i ~~ ~ ,, ., ~.. ,. ~ "~ ~ ~ i i~ 1. ~. ,. _- ~" ~-~ ir~'~ ~~~~ ;~~ ~'~~ y,~= `~ •zom ...v, ru„a~a..a~en~,,. op.,, - ~~ nza~~., Change of Zoning from R-SD to Conditional R-2.5 32 June 13, 2012 Public Hearing APPLICANT /PROPERTY OWNER: HABITAT FOR HUMANITY SOUTH HAMPTON ROADS STAFF PLANNER: Stephen J. White REQUEST: Conditional Chanae of Zoning (from R-5D Residential Duplex to Conditional R-2.5 Residential) ADDRESS /DESCRIPTION: 4957 Bonney Road GPIN: ELECTION SITE SIZE: AICUZ: 14770130740000 DISTRICT: Current: 26,324 square feet Less than 65 dB BAYSIDE After roadway dedication: 21,537 square feet DNL APPLICATION HISTORY: The applicant agreed to a deferral of this application at the May 9 Public Hearing for the purpose of discussing the proposal with the surrounding residents and revising the submitted plans to provide more detail. Since May 9, the applicant has met with staff, discussed the proposal with surrounding residents, provided staff with a letter that details Habitat for Humanity's program and the specifics of this proposed project (see supporting information at end of this report), and submitted revised building and site plans (see supporting information at end of this report). SUMMARY OF REQUEST The applicant proposes to rezone the existing R-5D property to Conditional R-2.5, subdivide the lot into six parcels, and develop each lot with an attached dwelling (townhouse). The townhouses will be arranged in three groups of two attached dwellings. The existing 26,324 square foot parcel is located on an unimproved section of the Kenley Road right-of-way that is located between the improved section to the south in the residential neighborhood and Bonney Road. The Conceptual Site Plan submitted with the application shows an improved Kenley Road being extended from its current terminus to the south to a cul-de-sac bulb at the northern end of the proposed subdivision (see the Traffic section of this report for additional information). ~~ HABITAT FOR HUMANITY SOUTH HAM~~ON ROADS 4genda Item 32 Page 1 The submitted Conceptual Site Plan shows six lots. The four interior lots and the exterior lot located adjacent to the residential area to the southwest are 38 feet in width and 87.66 feet in depth, which results in a lot area of 3,331.08 square feet. The northern exterior lot is the largest of the lots (4,882 square feet), primarily due to its odd shape, being located on the cul-de-sac. The width of the lot along the rear lot line is 79.94 feet in width and the lot width as measured for lots of this shape is 44.5 feet. One attached dwelling (townhouse) is depicted on each lot. The proposed subdivision and the layout of the dwellings meet the dimensional requirements of the Zoning Ordinance with the exception of the front yard setback. The proposed front yard setback is shown as 20 feet; however, the required yard setback is 30 feet. One of the corners of the front of the dwelling on the northernmost lot (labeled as Town 1 on the Conceptual Plan) is only 4.5 feet from the right-of-way line, due to the dwelling's location on the cul-de- sac bulb. The applicant is aware of the deficiencies of the front yard setback, as well as the fact that a variance to this requirement will need to be sought from and granted by the Board of Zoning Appeals (BZA). Parking for each unit is provided on 9-foot by 30-foot (9'x30') driveways. The driveways for the interior lots are joined to create one 18-foot by 30-foot (18'x30') pad, divided by the lot line. Each dwelling unit requires two parking spaces, which is met with the driveway pads by stacking one vehicle behind another. The dwellings are two-stories, designed in a traditional style with Colonial architectural elements, containing either three or four bedrooms. The buildings are constructed on slab foundations, and each has a covered porch with supporting squared columns. Windows with six panes over one are flanked by shutters. The siding is four-inch upgraded thickness vinyl siding. The roof covering consists of architectural shingles. Architectural details along the roof cornice and at the building corners consist of vinyl trim elements. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: Bonney Road USE AND ZONING: . Across Bonney Road are multi-family dwellings / A-12 Apartment District South: Kenley Road • Across Kenley Road are multi-family dwellings / A-12 Apartment District • Single-family homes / R-5D Residential Duplex District East: Single-family homes / R-5D Residential Duplex District West: Kenley Road • Across Kenley Road are multi-family dwellings / A-12 Apartment District NATURAL RESOURCE AND The majority of the site is grass field. There are a two large oak trees CULTURAL FEATURES: aside of the existing ditch bank. COMPREHENSIVE PLAN /STRATEGIC GROWTH AREA (SGA) OFFICE: The parcel is located within the Pembroke SGA. The submitted plan is in compliance with the Pembroke SGA Plan, adding higher-density affordable housing in the SGA. HABITAT FOR HUMANITY SOUTH HAMPTON ROADS Agenda Item 32 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in this area is considered atwo-lane undivided collector. The Master Transportation Plan proposes afour-lane facility within an 80-foot right-of-way. Currently, this segment of roadway is functioning under capacity at a level of service C. No Roadway Capital Improvement Program projects are slated for this segment of roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Bonney Road 6,150 ADT 6,200 ADT (Level of Existing R-5D Zonin~ 37 ADT Service "C") - 11,100 Potential ADT' (Level of Existing Land Use 0 ADT Service "E") (vacant site) Proposed R-2.5 41 ADT Zoning Potential s Proposed Land Use 35 ADT Average Daily Trips s as defined 0.61 acres under each zoning type ' as defined b six townhouse dwellin s TRAFFIC /ENGINEERING: 1. A City standard 30-foot typical section must be provided on Kenley Road in order to have on-street parking on both sides of the roadway. The roadway may narrow at the location of the existing water vault for the purpose of accommodating the vault without extensive relocation work, but the roadway must then widen back to the 30-foot width. 2. A five-foot sidewalk is required along the Bonney Road frontage. This sidewalk must tie-in to the existing sidewalk to the west. When the two eastern, adjacent properties are redeveloped, the section of Bonney Road from Twin Fern Court to Baxter Road will have an almost continuous sidewalk of nearly 0.75 miles. ADDITIONAL STAFF COMMENTS: This development proposal has been extensively reviewed under two different zoning scenarios (A-12 Apartment and the current R-2.5 Residential). During the review of both development scenarios, there was significant discussion among City staff pertaining to whether Kenley Road should physically connect with Bonney Road. When the applicant submitted the current proposal, the applicant requested the roadway not be connected and instead developed as shown by the currently proposed configuration. After discussing the proposal with the applicant and considering all of the comments from the relevant City agencies that reviewed this application, Planning staff concurs that, at this point in time, the cul-de-sac terminus is preferred to a physical connection to Bonney Road. The connection to Bonney Road would be at a curve, which is not an ideal intersection point. Furthermore, a connection to Bonney Road would likely result in Kenley Road becoming a `short cut' between Baxter and Bonney Roads. Also relevant to the issue of connecting the HABITAT FOR HUMANITY SOUTH HAMPTON ROADS Agenda Item 32 Page 3 roadway to Bonney Road is the fact that the site is located in the Pembroke Strategic Growth Area (SGA), and the plan for this SGA calls for the development over time of a grid street system. Staff, however, concludes that the opportunity to create a grid street system in this portion of the Pembroke SGA will come in the future when market forces result in demand for consolidating parcels to create larger development sites suited to the types of building forms and land uses recommended by the Pembroke SGA Plan. WATER: This site must connect to City water. There is an 8 inch City water line in Kenley Road. SEWER: City sanitary sewer is not available to the development. Plans and bonds are required for construction extension of the gravity sanitary sewer system. Pump Station #407, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis for Pump Station #407 and the sanitary sewer collection system is required to ensure future flows can be accommodated. SCHOOLS: School Current Enrollment Capacity Generation' Change z Point O'View Elementary 522 628 2 1 Larkspur Middle 1,527 1,593 1 1 Kempsville High 1,712 1,793 1 1 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or ne ative fewer students . EVALUATION AND RECOMMENDATION The applicant's proposal provides quality dwellings for individuals in search of affordable housing. The site is currently zoned R-5D Residential Duplex. Thus, the site can, by-right, support five dwelling units, which could be built either as five single-family dwellings or as two duplexes (four units) and one single- familydwelling unit. The applicant's proposed buildings may look like duplexes, but they are actually townhouses (each unit is on a different lot instead of two on one lot, which would be a duplex). In short, the proposed rezoning application allows for one additional unit; however, the application also provides proffers that control the site layout and building design. The building design is simple traditional architecture, reminiscent of dwellings from the early to mid-20tH century. In particular, the homes have wide, deep covered porches, with grassed front yards in front of the porches. Parking is on the sides of the homes, and between the homes, the parking for each unit is combined, thus reducing the number and width of the curb cuts commonly associated with these type of dwellings. Typically, these type of residential projects place the parking directly in the front of the home and the parking pad is two cars wide, which results in, due to the homes being close together, an almost continuous `curb cut' at the street and no front yards. Staff finds the applicant's design provides a layout with a greater opportunity for activity in the front of the homes rather than the rear of homes, as is typical of many current residential developments. The applicant has also proposed the termination of Kenley Road with a cul-de-sac rather than connecting with Bonney Road. Staff concludes, at this point in time, the cul-de-sac terminus is preferred to a physical connection to Bonney Road. The connection to Bonney Road would be at a curve, which is not an ideal. HABITAT FOR HUMANITY SOUTH HAMPTON ROADS Agenda Item 32 Page 4 intersection point. Furthermore, a connection to Bonney Road would likely result in Kenley Road becoming a `short cut' between Baxter and Bonney Roads. Also relevant to the issue of connecting the roadway to Bonney Road is the fact that the site is located in the Pembroke Strategic Growth Area (SGA), and the plan for this SGA calls for the development over time of a grid street system. Staff, however, finds, based on the overall strategy for implementing the Pembroke SGA Plan, that the opportunity to create a grid street system in this portion of the Pembroke SGA will come in the future, when market forces result in demand for consolidating parcels to create larger development sites suited to the types of building forms and land uses recommended by the Pembroke SGA Plan. Staff, therefore, recommends approval of this request as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property shall be developed, in substantial conformance with the conceptual site layout prepared by Timmons Group, entitled "Conceptual Site Plan", "Habitat for Humanity," dated March 14, 2012, (hereinafter "Site Plan"). PROFFER 2: The buildings on the Property shall have an exterior architectural style and use design elements in substantial conformance with the elevation plans prepared by Clark Nexsen, P.C., entitled, "Habitat for Humanity of South Hampton Roads," dated March 8, 2012 (hereinafter "Elevation"). PROFFER 3: No more than six (6) dwelling units shall be constructed on the Property. PROFFER 5: 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 August 30, 2004, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. HABITAT FOR HUMANITY SOUTH HAMPTON-ROADS Agenda Item 32 Page 5 AERIAL OF SITE HABITAT FOR HUMANITY SOUTH H 32 '6 ~~. - ~. ~. ~. _. .~ THIS IS TO CERTIEY THAT ON APRIL 36, 3017 I SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LMES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY E%CEPT AS SHOWN. Nolen THIS SURVEY WAS PREPARED WITHOUT 7HE yTH pp BENEFIT OF A T1TLE REPORT. ~ryP [~ f~ THIS SURVEY IS NOT INTENDED TO SHOW ANY o{ ~ T RECORD TSOTMERTHANSHOWNONTHEPLATOF ~' WILLIAM C. `2. GERWITZ y Lic. No. 1579 a1 ~~y Q > O ?~ Q O O ~ ~, `~ J' W Q W O ~~ ~ w. ~~ w o J Z W Y BO ... . ~~ .. isa ~y~ B O es. L.a 63 , F ~~O ~~ ~ ~~ The property DOES NOT laN wNnin a SpxJal FloaO T Hezartl Arse, az 6fwwn an tM FEMA NFIP FIRMMUa KEMPS COVE I CNy M ViguYa Seacll. Community Pene1 NumOer I s1 sssTaoa4F, a.Lee MeY a, zogg. LOT ~ PUT REF.: MAP BOOK I], PAGE H MB 301, P79 N SCALE: 1" = 40' PHYSICAL SURVEY 0426/11 REMAINDER OF PARCEL A PROPERTY OF RUSSELL SHEPPARD, TRACT NO. 14-A.W. CORNICK FOR WILED LLC HABITAT FOR HUMANITY SOUTH Martin Engineering Civil Solutions 1060 Lynnhaven iorkway Suite 111 Vnglnip eeuh Virgrnio 2352 EXISTING SITE SURVEY 'I 1 APTON ROADS ~~ Agenda Item 32 Page 7 ~y ~~ ~, .~: ~~t~' - N~„~„.r tik.'~D SURVE~O¢ ~~ \ fF `\ ~E ,\ ~~ ~` ,w ,` ~\ ~ y: ~~ \\ .,` d e F ~~ ~C ~\\ ~ ~\~ ~``s I!~~ gPc ~F S ~~;c §Ii.i~ o `i-_'?f 1 ~. ~° yid v ~-'~ +..> ~ ~r4 ~ . ~ - ,.ti w ~~; . I' I '~ ~~, ~ ~ ~! °,~ ~~~ i .o' i ~' i p ~~., i ~~~ g.~~{I ~~ ~ ~' ~„ ~«- ~. PROPOSED SITE PLAN ~~ HABITAT FOR HUMANITY SOUTH HAMPTON ROADS ~' Agenda Item 32 ~p Page 8 ~~ ~. , .r,,.. ~q T ~~ Ne ~„~~.,, Y r y~~ ~ \ QrQ1A7~NDi L9q ~ ~ ~ y S' "' 7N'90V17d NOi1d~NM H1f106d0 i Jl1NVWf11iU0d1V1J8M~ a€ill~~ <~~~ ~ ~. 6 ? g ~~~~~~ o a aaBOa BUILDING ELEVATIONS HABITAT FOR HUMANITY SOUTH APTON ROADS ~ Agenda Item 32 ~ ~ ~ Page 9 ` ~~ ~ ~ f e ~ ~~ U A Iv ^ „~y( T~ .t ~* ~ yr Y' ~~~ p s n ~~x~w CV ~ ~ f w A1NVWf~lU0d1VIl8Mi al~~I~; e ~~~~ ~ g ~ ~~~ ~ ~ . ~ a a Baaoe BUILDING ELEVATIONS HABITAT FOR HUMANITY SOUTH I TON ROADS ,ends Item 32 i;" ~ Page 10 I' ~; ~}~ .~. ~;: -., ~~~. .~ "~ 3 .$u, ~1" _~ ~~ 49 L.. .}~„ `'JZ '-°'-~ .n.. ~ ;. ,s, ,1 ~ L 1 fr^ ,' ~~~ ,y ;. .~ ,' w C a~ t ~;`" . BUILDING RENDERING HABITAT FOR HUMANITY SOUTH HAMPTON ROADS ~ Jx Agenda Item 32 Page 11 ;r ~~ ~, ~ 4~ ~. ~i'w`w'`aF'VF LVIVIIVl7 i'IIJ I VKT # DATE REQUEST ACTION 1 07/06/2010 Rezonin A-24 to A-24 PD-H2 A roved 11/28/2006 Rezonin R-5D to A-24 A roved 2 09/23/2003 Rezonin A-12 to R-5D A roved 3 01/26/1999 Use Permit Reli ious Facilit A roved 4 10/08/1996 Use Permit Communit Center A roved 5 04/05/2005 Rezonin A-12 to A-24 PD-H2 A roved A~ HABITAT FOR HUMANITY SOUTH HAMPTON ROADS ~'~~~~ Agenda Item 32 ~ ~~ Page 12 ~ ~~ j ~E `I '~'~ Habitat 1~~ for Humanity® South Hampton Roads May 25, 2012 Re: 4957 Bonney Road, Request for Conditional Change of Zoning Virginia Beach Planning Commissioners and staff: Since 1988, Habitat for Humanity of South Hampton Roads, Inc. (Habitat SHR) has been addressing the need for affordable, decent housing for hard-working low-income families in our community. We have constructed or rehabbed and sold 25 houses to qualified families in Virginia Beach and a total of 180 houses to families in our region. This program has enabled these families to build both emotional and financial stability and become taxpayers rather than recipients oftax-supported subsidy programs. Habitat SHR came across data that indicated there was a huge deficit in accessible housing for the elderly and disabled in our communities. Additionally, families with a head of household with a disability or significant chronic illness have a very low rate of homeownership. Habitat SHR approached Amerigroup Corporation for assistance in planning and funding a project to address these concerns. !n the fall of 2010, Amerigroup Foundation committed to a significant sponsorship and Habitat SHR committed to building accessible units and matching at least half of them with families that have a member with a disability or chronic i!]ness. In July 201 ], we purchased the propem~ at 4957 Bonney Road and have been working with Planning Department staff and our consultants and the community since to design the most appropriate housing possible. Our proposal is for six single-family owner-occupied homes paired together in twin homes to look like three conventional detached units, to be called Kenley Commons. The proposed zoning district of R2.5 would allow seven units, but we wanted to respect the character and not maximize the density. Habitat SHR's Board of Directors, our professional staff; and our consultant and sponsor team are committed to building homes and selecting qualified homebuyers for Kenley Commons who will make a positive contribution to this community. We want to address some of the specific issues from letters sent recently to the Planning Department. Homeowner selection trainint?. and sweat equity: Habitat SHR's election criteria and processes are very rigorous. All homebuyers undergo a background criminal check, credit check, and check against the sexual offenders database. They must have stable income and capacity to be successful homeowners. The process also includes a face to face interview and home visit by a volunteer member of our Family Selection Committee. Recommendations are made and then reviewed and voted on by the entire committee. The homebuyers are also required to complete an extensive homebuyer training of more than 20 hours with topics that include budgeting, personal finance, credit management, legal aspects of purchasing and owning a home, home maintenance, repairs, and civic involvement. Families are also required to perform 250 to 400 hours of'`sweat equity" working on the construction site or other volunteer options. Most Habitat homebuyers have been in the program for 12 - 18 months before they are actually able to purchase the home. Additionally, Habitat SHR holds the 30-year mortgage on the home so we are committed to se]ecting and training families for successful homeownership. Habitat SHR knows the families well and has along-term commitment to their success unlike the majority of real estate agents and mortgage originators. Habitat for Humanity of South Hampton Roads, Inc. 900 Tidewater Drive, Norfolk, VA 23504 P 757-640-0590 www.shrhabitat.org LETTER FROM APPLICANT HABITAT FOR HUMANITY SOUTH HAM,P~-ON ROhb$ agenda Iteri~ 32 Page;13 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) Habitat for Humanity South Hampton Roads is anon-profit, 501(c)3 corporation, with Helen Hayes Sommer as Executive Director, and a Board of Directors (list attached) 2. List all businesses that have aparent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Housing Hampton Roads, anon-profit, 501(cj3 wholly-owned subsidiary. ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISGLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincrorporated 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 aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & `See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ~ No If yes, what is the name of the official or employee and the nature of their interest? CoMNional Rezoning Application Page 11 of 12 Re Need 11116/2006 z 0 c7 z 0 N Z O .--. F-~+ O V DISCLOSURE STATEMENT a,. ,; HABITAT FOR HUMANITY SOUTH HAMPTON ROADS agenda Iterri 32 Page 16 0 c~ z 0 N O ~~~ ~~ A O 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) Archkect: Clark Nexsen, Architecture and Engineering Civil Engineer: Timmons Group Attorney: Christina E. Maier, P.C. Others to be determined ' "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 empbyees or otherwise share activities, resources or personnel on a regular basis; or there is o#terwise 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 we 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 empbyees of the Department of Planning to~ p[hotograph and viTew the s~it+e for purpo es of processing and evaluating this application. UU ~ ~ lJ ,J l Helen Hayes Sommer Applicant' Signa re Print Name Property Owner's Signature (if different than applicant) Print Name Corditfonal Rezoning Apgicatlgi Pape 72 Of 12 Revised 7I3Y2007 DISCLOSURE STATEMENT ,~ HABITAT FOR HUMANITY SOUTH HAM~'~ON-~ROADS ,~jenda Item 32 Page 17 H .a tp NN~ I.f~ a i tO `' ~ = o y ._+ cp ` ~ 1 T 0 ~ ~ •~i a m > 2 w .~ Q <O 7 ~ y > y > c ~o C :° c :°. ~ c o. m C :°. c .~ ~' ~ d ~' ~ Q ~ U Q N > V U N C N C N C d 3 > C N C Y C N C E C E O ' ~ + E C E O p N W y W U U U p~ U m U _ U~ _ U~ J J ~ p ~ M _~ ~ _ _ M N _ _c7 R _~ Q _ d' ~ M ~ N ikN 4kN ~k~ ~N ikN 4k~ #N 3kN ik~V ~N ikN ik~ #~ ikN y. W t0 (~ CO p~ M f~ m f0 f0 CO (O t0 CO y ,~ ~~ mo > N N a~ > N N > >o d N > c~ d~ N c d E c O c N E c d E c G1 E per` N c N E c N E ~:; _ V p V d o _ . V ~- d m . _ V N m~ .. _ O W ~i~ o ~ V Ed O ~ H O O d O a~ d ~~ ao O d O d x LL LL p d d U W> W~ W W U ^ (j p p p p p O U E p ' C C •v L O X O U ~ C p U C ~ _ E U C C U d N X E O N C N ~ C l6 O N ~ D _ O U ~ N U O > U N O N ~ N i0 ~ U ~ C - c O U tD o o -~ Z M > O ~ O '~ $ O Y ~ '> . -. 7 m C d ~ - O E N Q O ~ C n = - o ~ N ~ - a ~ r ¢ o E m 3 o p L t0 U ~ ' N v 'C c -• j ~p W 2.- ~ 9 U C U N ~ O ~ N O N Y U E N Y N N ~ O ~` ~ ~ ~ N ~ ~ ` '° m~ ~ c~ 3 y~ ~ ~ ~ ~ •c~ c~ r S Q' C N M N 47 ~ d 7 N (n N M N O p N N N ~~•~ > N O> > C > => > ~;;g.. N ~ _ dQ > > (~ ~ C ~ ~ .. O Q > > d10 Q > Q N 10 O Q J > O Q' t ptn y M .. t m N! « _ n~ ~ m m m N ° O C7 m N m = d m N E d m a m " N ~ m L o m N m m '.:. E d om 'fl Y v`° ; o Em O Q --~ > Y m f0 ._ Q C> C O om G1 Q d > U Y `m N N 'cm 3 Q ~> N N ~m E N mm >, m°aa O _ N~ Q O ~ l0 U C 0O Y 3 m O S m O Y U V l0 C u" m Y W (n O C N ~ C LL Y O a t0 C J l0 C 0 W U C t0 .C M N . O N O dp M O O N O Qp O N ~ ~ O d N L U G0 O ~ t0 '=~ N C O ~Z O~ N p t OW p 0 Z N ~ !- 1f7~~ N O. O 2 N m N L N Y ._ MA 00 O Z N N ._ O ~ M i, tti ._ > M ~n> n, a0 U M ~> vQ ~U ao> <o u>> > rn> O CO O O ~.. i~ O M N W OD ~[> ~~CppO ~O N x' : b F. a~0 N ~ O ~ ~ O O ~t N N to O ~ N Q C ~. 3 O 1A O t7 CD OD M I+ 00 M _O t0 ~ N fh t~ N 10 IA M N N ~ N f0 N ~ M ~ f0 O) f0 v t0 M M M N m ~ d °' Y c O E Z, c m Q -~ ao t0 a~ ~ C O O 'd Y f0 ~ N C d N •G t U f0 2.- d ~ ~ N a Y d > m Z ~ vi a` m ' jC ~ m c p ti U ~ o D c o 3 m m my ~ ~ ~~ Aa ~ mn a: - ~ ~ ?~ > O c p U " c m m ' m W ~ ~ ~ fn `2 m DISCLOSURE STATEMENT ,;~ HABITAT FOR HUMANITY SOUTH HAMPTONTyROADS agenda Item 32 - Page 18 Item #32 Habitat for Humanity South Hampton Roads Change of Zoning District Classification 4957 Bonney Road District 4 Bayside June 13, 2012 REGULAR An application of Habitat for Humanity South Hampton Roads for a Change of Zoning District Classification from R-SD Residential Duplex to Conditional R-2.5 Residential on property located at 4957 Bonney Road, District 4, Bayside. GPIN: 14770130740000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property shall be developed, in substantial conformance with the conceptual site layout prepared by Timmons Group, entitled "Conceptual Site Plan", "Habitat for Humanity," dated March 14, 2012, (hereinafter "Site Plan"). PROFFER 2: The buildings on the Property shall have an exterior architectural style and use design elements in substantial conformance with the elevation plans prepared by Clark Nexsen, P.C., entitled, "Habitat for Humanity of South Hampton Roads," dated March 8, 2012 (hereinafter "Elevation"). PROFFER 3: No more than six (6) dwelling units shall be constructed on the Property. Item #32 Habitat for Humanity South Hampton Roads Page 2 PROFFER 4: 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 August 30, 2004, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAYO ABS 0 ABSENT 2 ABSENT ABSENT Item #32 Habitat for Humanity South Hampton Roads Page 3 By a vote of 9-0, the Commission approved item 32 by consent. Christine Early and Helen Sommer appeared before the Commission on behalf of the applicant. Donna Harmon spoke in opposition. Linda Steen 4915 Kemps Lake Drive Virginia Beach, VA. 23462 757-376-3202 12 June 2012 Stephen J. White, Staff Planner Municipal Center, Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456 Ref: Habitat for Humanity home at 4957 Bonney Road change of Zoning District Classitication Dear Mr. White Please excuse my absence, due to prior commitments 1 was unable to attend this hearing, but 1 still would like the opportunity to voice my opinion. I feel the building of such a large amount of duplex style structures that it is being proposed is not only to overwhelming for such a small area, but the style in itself would be a tremendous eye sore to a rapidly improving community, The style of the units has no compatibility with any other structures in the area. The entire area is being constantly improved to link the Virginia Beach Town Center to the Withduck/ Kempsville Rd. corridor that will improve the value of the neighborhoods upon of its completion; I feel the Habitat Homes will work on hindering the. progress. I also feel the safety issues is of great concerns, with the amount of children playing with in that area, extending Kenly to accept the additional traffic is an accident waiting to happen. Being a cul-de-sac, just feet from the edge of Bonney Rd. will do nothing but put children in harm's way and block the vision of drivers attempting to maneuver the curve on Bonney that is at that location. Not to mention the numerous vehicles that already travel down Kenly from Baxter thinking that it comes out on Bonney, cutting more road in will just confuse people even further that it goes completely through. These are just a few of my many concerns. I respectfully request that you do not approve the variances that are being proposed to allow the building of the structures in question in such a small area. A copy of this letter will also be sent to The Planning Commission and to DR. Stephen White. Thank you for your time Sincerely, Linda Steen Re: HABITAT FOR HUMANITY Hearing MAY 14Th Plan for change of Zoning District classification at 4957 Bonney Road (GPIN 1477013074) Dear Planning Commission, I am a unit owner and resident at the Kemps Lake Condominiums. My property is located directly adjacent to 4957 Bonney Road. I'm concerned that a change in zoning classification to allow Habitat for Humanity to build 3 sets duplexes for their clients on the small property next to my home, will negatively impact our community. I feel the choice of duplexes for this property is not fitting with the area. As you're aware, a lot of new construction is taking place on Bonney Road. Some new and completed projects include: Bonney's Quay, Bonney Moor, Kemps village at Town Center, Cornerstone and Cambria at Cornerstone. All these projects are slightly higher end and fit with the future of the adjacent neighborhoods of the Virginia Beach Town Center. Bonney Road has been turning around in the last few years. 3 sets of duplexes in this area will not fit in, in my opinion, and will more than likely bring down our property value. I feel that some structures more suitable to the community, such as single family or town homes be considered. 1 urge you not to approve Habitat for Humanity's plans to build 3 sets of duplexes next to my home. Sincerely, James Ramsey Kemps Lake Condo Association Vice President 4917 Kemps Lake Dr vrginia Beach, VA. 23462 757-340-4600 Donna B. Harmon 4900 Kemps Lake Drive Virginia Beach, VA 23461 757-499-1069 12 June 2012 Stephen J. White, Staff Planner Municipal Center, Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456 Ref: Habitat for Humanity home at 4957 Bonney Road change of Zoning District Classification Dear Mr. White Right now to build a duplex in the proposed area requires 10,000 square feet. There fore only 2 duplexes could be built in the proposed area, which has a total of 26,324 square feet but after the roadway dedication that decreases to 21,537 square feet. The proposed variance would decrease the area to 3,331.08 square feet per townhouse. Not counting requesting the change to the front yard setback from 30' to 20'. Even though the site is located in the Pembroke Strategic Grown Area it calls for the development over time of a grid system. There is no need to create a grid street system at this time in this particular spot. It would be a small section ofhigh-density housing sitting out there like a sore thumb. Placing of high density housing in a small section that is surrounded by single-family homes and condos. Habitat is trying to justify the cost of extending out Kenley Road by making the area high density to get more housing in which in turn will assist in the justification of the expense. The lot is entirely too small to place 6 townhouses in the area that is selected. The current design of the proposed units look like strip apartment living and/or low income housing. The concept and design is out of place and doesn't esthetically match the surrounding area homes. The surrounding areas to the right and left of Kemps I_,ake are higher priced condos and townhomes. The surrounding area down Kenley Avenue are single family homes so it is the same design just different exteriors and spaced on nice size lots. The condos at Kemps Lake are different exteriors but of the same design but spaced on nice size lots. I have gone around and looked at the list of Habitat houses that was provided and Habitat did a great job of blending in the Habitat houses to the surrounding areas. Habitat worked to make the houses blend into the area. The ones on Nelms and in Aragona blended in with the area nicely. Townhouse 1 is only 4.5' from the right of way line which is entirely too close to Bonney Road. The location of Townhouse 1 and the cul-de-sac bulb will impact visibi-ity of any homeowner exiting Kemps Lake turning left onto Bonney Road. Plus anyone parking in the cul-de-sac will impact the visibility of the curve as well. People speed down Bonney Road and seeing the oncoming traffic on the curve is extremely hard as it is right now when exiting. The future plans are to widen Bonney Road to accommodate the traffic volume from the construction of the higher end condos and townhomes constructed and currently under construction. The widening of Bonney Road would impact the proposed Habitat houses because they would have been built close to the right of way. I thank you for the opportunity to speak at this meeting and I urge you not to approve the variances that are requested to place 6-7 townhomes in this small area. Sincerely, Donna B. Harmon BE,q~ _h'. `~ U _ ~:~ 9 _- . - r ' - c> 2 o ~. a e S OF o-Dw.oN Pt\Oe~ 5 In Reply Refer To Our File No. DF8274 TO: Mark D. Stiles .,---.~ t FROM: B. Kay Wilso . ,y CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: June 22, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Habitatfor Humanity South Hampton Roads The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 3, 2012. I have reviewed the subject proffer agreement, dated March 14, 2012 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/ks Enclosure cc: Kathleen Hassen HABITAT FOR HUMANITY OF SOUTH HAMPTON ROADS, INC. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this Fourteenth day of March, 2012, by and between HABITAT FOR HUMANITY OF SOUTH HAMPTON ROADS, INC., Grantors; and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of land located in the Kempsville District of the City of Virginia Beach, containing approximately 0.60 acres, 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 Grantors have 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 R-SD Residential District to Conditional R-2.5 Residential District; and WHEREAS, the Grantee's policy is to provide for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge 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 Grantors have voluntarily proffered, in writing, in advance and prior to the public hearing before the Grantee, as 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 the 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision GPIN: 1477-01-3074-0000 Prepared by Christina E. Meier, P.C., Attorney-at-Law Page 1 approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Site Plan. The Property shall be developed in substantial conformance with the conceptual site layout prepared by Timmons Group, entitled "CONCEPTUAL SITE PLAN", "HABITAT FOR HUMANITY ", dated March 14, 2012, (hereinafter "Site Plan"). 2. Exterior Elevations. The buildings on the Property shall have an exterior architectural style and use design elements in substantial conformance with the elevation plans prepared by Clark Nexsen, P.C., entitled, "Habitat for Humanity of South Hampton Roads", dated March 8, 2012 (hereinafter "Elevation"). 3. Density. No more than six (6) dwelling units shall be constructed on the Property. 4. Further conditions may be required by the Grantee during the 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-2.5 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 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 GPIN: 1477-01-3074-0000 Page 2 to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceeding; 2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate; 3) If aggrieved by and 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 Grantee. WITNESS the following signatures and seals: Grantor: Habitat for Humanity of South Hampton Roads, Inc. By. (SEAL) Helen Hayes Sommer, Executive Director STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this ~ ~'~day of March, 2012 by Habitat for Humanity of South Hampton Roads. ~~~K.~ SHARON K. CHiTTiM Notary Public NOTARY PUBLIC COMMONWEALTH OF VIRGINIA My Cemmission Expires November 30, zpQ~ Reg.#363038 ~ ~ 3 GPIN: 1477-01-3074-0000 Page 3 EXHIBIT "A" 4957 Bonney Road, Virginia Beach, VA ALL THAT certain piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as "Russell Sheppard, 2 acres, more or less" as shown on that certain plat entitled "Property of Russell Sheppard (a part of Tract 14 - A. W. Cornick Farm), located near Kempsville -Princess Anne Co., VA, dated March 7, 1956, by W.B. Gallup, County Surveyor", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 479 at page 111. LESS AND EXCEPT that portion of property conveyed in Deed Bcok 878, at Page 559. GPIN: 1477-01-3074-0000 Page 4 ~~ N G ~~ O ~ O -• O ,_ o o ~ K v° N lea Ci ~ ~ tD ti ~ N H d tD ` a Q _~ ti. `0` ^V W 0 ,^~^' ~i ^~ W ~i 'V v 1 N'h ~^ ` / `0 V 1. O ~ti V V1 Z Z m -r+~ • •~ • ~+p~ ~ rT\~~I ~1 V • U >> r~~"' ~yLl ~> { ~` ~u ~-. ~Sl j4~: ,~'' ~~'~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEILER PROPERTIES, INC., Change of Zoning District Classification, R-15 Residential to Conditional R-7.5 Residential, 2301 Salem Road, Ste VL (GPIN 1484032227). Comprehensive Plan -Suburban Area. Use: single-family residential. PRINCESS ANNE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant proposes to rezone a 43.5-acre site (9.1 developable acres) zoned R-15 Residential District to R-7.5 Residential District in order to develop a Phase Two of an existing 81-lot residential neighborhood. The first phase, Highland Parish was approved by City Council in September of 2002 with an Open Space promotion, which is no longer in the City's Zoning Ordinance. The Open Space Promotion allowed for smaller lot sizes than otherwise permitted in a zoning district in exchange for a greater amount of open space. The section of the Zoning Ordinance allowing the Open Space Promotion was repealed in 2004 as a result of changes in the Virginia Code. The first phase of Highland Parish ended at what is the northern edge of the future right-of-way for the Southeastern Parkway and Greenbelt. The applicant did not develop the subject site in 2002 based on an understanding that the City would purchase the site for the proposed Southeastern Parkway and Greenbelt right-of-way. Since this right-of-way has yet to be purchased, and the applicant has noted that he and the property owner have waited ten years for the purchase to occur, the applicant now requests to develop the site as proposed with this Change of Zoning request. ^ Considerations: The current proposal represents the same sized lots and similar homes as Phase One. The proposed development will connect to the Border Way street tie. The proposal is for 27 single-family lots having square footages of between 9,000 square feet and 12,000 square feet. As with the adjacent Highland Parish development, the subdivision layout is designed to protect sensitive environmental areas by keeping development outside of wetlands and floodplains. This undeveloped area (approximately 35.4 acres) would be dedicated to the City, contributing to the greenway along the North Landing River identified in the City's Outdoors Plan. Beiler Properties Page 2 of 3 Although over recent years there has been waning support for the Southeastern Parkway and Greenbelt, the Comprehensive Plan still identifies this roadway as a key component to providing improved transportation links to the regional and national systems. Until this issue is ultimately resolved, expanding the subdivision to this area planned for a major roadway conflicts with the Comprehensive Plan. Additionally, since the time of the original 2002 Use Permit for the Open Space Promotion, and partially as a result of the threatened closure of NAS Oceana by the Base Realignment and Closure Commission (BRAG), there have been significant amendments to the Zoning Ordinance pertaining to AICUZ. Due to the location of this property within Sub-Area 3 of the 65-70 dB AICUZ, which is the most restrictive of the three Sub-Areas, the fact that the applicant's proposal requires a discretionary action by the City Council, and the application is for an incompatible use in an area subject to AICUZ restrictions, the Memorandum of Understanding (MOU) between the Navy and City provides that the Joint Navy- City Staff is to review the application. The review of the proposal is for the purpose of determining whether the application meets the requirements of the provision of Section 1804(c)(3) of the AICUZ Overlay Ordinance: For property within Sub-area 3 of the 65-70 dB LDN Noise Zone, it is policy of the City Council that no application for a residential use shall be approved unless the City Council finds no reasonable non-residential use can be made of the property, in which event the City Council may allow the proposed residential use of such property at the lowest density that is reasonable. The applicant's representative attended the April 2012 MOU Joint Navy-City Staff Meeting. The representative explained that since the Open Space Promotion provision of the Zoning Ordinance no longer exists, the applicant is proposing the R-7.5 zoning district, which would provide lots similar in size to those to the north previously developed under the R-15 zoning with the then-permitted Open Space Promotion. The Joint Navy-City Staff evaluated the proposed development for compliance with the provisions of Section 1804(c)(3) of the AICUZ Overlay Ordinance. The Joint Navy-City Staff found that the proposed development is not at the lowest density that is reasonable, and concluded that the requested Change of Zoning does not meet the standard necessary for the City Council to find that the requested R-7.5 zoning can be approved. The subject site is currently zoned R-15 Residential, and accordingly, can be developed by-right with single-family dwellings (or any other permitted use in the R-15 District). Such use, therefore, is appropriate and reasonable. The affect of the Change of Zoning would be an increase in the number of dwelling units beyond that which the existing zoning would provide. Thus, a change in the Beiler Properties Page 3 of 3 zoning to R-7.5 is not the lowest density that is reasonable. The existing zoning of R-15 Residential provides the lowest reasonable density. Accordingly, staff recommends denial of this request. There was opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-1, to recommend denial of this request to the City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting Department/Agency: City Manager: Planning Department ~'~ PRINCESS ANNE Boiler Properti >,~~ r F-,2 A Vir inia Cor w. ~~,, :,, ~~fl~ es, Inc. wration acf ~ R15 Raft /,1G1 ' R15* ~ R15' ~ ' f.•I~r ~ .~~ - , r' A~s'2 _~ Qk ~,~ j T• \ '"~~ ~~5 ~RN`5 } R15 rt._ ~ (~CSg ~~ A ,~ ~ ~ .• I~ _ _ f? •r~ I i '' ' i ~, ~ i ;aSl,~TI;AP ~. > AG1 ~l ~ j I , s,..,+. r,.,,+,+p.haw.: w.,ar+ CondRbnal 2oning Change from R-f 5 to Conditlonal R7.5 June 13, 2012 Public Hearing APPLICANT /PROPERTY OWNER: BEILER PROPERTIES, INC STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning (R-15 to R-7.5) ADDRESS /DESCRIPTION: Southern terminus of Border Way (west of Salem Road) GPIN: ~ ELECTION DISTRICT: SITE SIZE: AICUZ: 14840322270000 PRINCESS ANNE 43.5 acres 65 to 70 d6 DNL Sub-Area 3 SUMMARY OF REQUEST The applicant proposes to rezone the existing R-15 property to R-7.5 Residential District in order to develop a Phase Two of an existing 81 lot residential neighborhood. The first phase, Highland Parish was approved by City Council in September of 2002 with an Open Space promotion, which is no longer in the City's Zoning Ordinance. The Open Space Promotion allowed for smaller lot sizes than otherwise permitted in a zoning district in exchange for a greater amount of open space. The section of the Zoning Ordinance allowing the Open Space Promotion was repealed in 2004 as a result of changes in the Virginia Code. The first phase of Highland Parish ended at what is the northern edge of the future right- of-way for the Southeastern Parkway and Greenbelt. The site plan for this initial phase did depict a street tie connection at what is now Border Way. The current proposal represents the same sized lots and similar homes as Phase One. The proposed development will connect to the Border Way street tie. The proposal is for 27 single-family lots having square footages of between 9,000 square feet and 12,000 square feet. As with the adjacent development, the subdivision layout is designed to protect sensitive environmental areas by keeping development outside of wetlands and floodplains. This undeveloped area (approximately 35.4 acres) would be dedicated to the City, contributing to the greenway along the North Landing River identified in the City's Outdoors Plan. BEILER PROPERTIES, INC. Agenda Item 2 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: Single-family dwellings / R-15 Residential District USE AND ZONING: South: Single-family dwellings / R-15 Residential District East: . Single-family dwellings / R-15 Residential District West: Single-family dwellings / R-15 Residential District NATURAL RESOURCE AND Wetlands and floodplain are bordering the North Landing River. This CULTURAL FEATURES: land adjacent to the North Landing River would help establish the greenway as called for in the City's Outdoor Plan. COMPREHENSIVE PLAN: This proposal is located within the Suburban Area. The overriding objective of the policies for this area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. 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 (p. 3-2). The Primary Roadway Network Plan Map identifies a potential alignment for the Southeastern Parkway and Greenbelt along the northern border of the subject property (p. 6-7). The Transportation chapter of the Comprehensive Plan states that efforts to provide improved transportation links to the regional and national systems should be supported, including the proposed Southeastern Parkway and Greenbelt. This roadway represents a key component of the City's and Region's long-range plan (p. 6-20). Special Area Development Guidelines -Suburban Areas for site and building design reinforce the planning principles found in the Comprehensive Plan's Reference Handbook. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Salem Road in the vicinity of this application is considered atwo-lane undivided minor suburban arterial. The Master Transportation Plan proposes afour-lane facility within a 145 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. A Roadway Capital Improvement Program project is slated for this area. Salem Road (CIP 2-507) is for the construction of a four-lane divided roadway from Elbow Road to North Landing Road. The project will include landscaping, aesthetic enhancements, multi-use paths, and bike lanes. It will be funded as development creates the need for additional roadways. Currently, this project is on the City's Requested But Not Funded Project Listing. BEILER PROPERTIES, INC. Agenda Item 2 Page 2 TRAFFIC: Street Name present Volume present Capacity Generated Traffic Salem Road 3,1130 ADT 13,600 ADT (Level of Existing Land Use - Service "C") 981 ADT 15,000 ADT' (Level of Proposed Land Use 3- Service "D") /capacity 1,526 ADT 16,200 ADT' (Level of Service "E" Average Daily Trips s as defined by R-15 zoning - 43.5 acres s as defined b R-7.5 zonin - 43.5 acres _.• _ _ At the time the Highland Parish Phase I development was constructea, rc ala not meet the ~.uy s u ~N yC~ ~C~ caul ~ requirements for turn lanes. However, the combination of the Phase I trip generation with the Phase II trip generation does meet the requirement for cleft-turn lane. Therefore, the Highland Parish Phase II development will be required to construct cleft-turn lane on Salem Road at the existing Phase I entrance. However, there doesn't appear to be sufficient frontage to construct the left-turn lane. If the left-turn lane cannot be constructed, then the Phase II development must be redesigned for a maximum of 19 homes. These requirements and concerns were relayed to the developer and his consultant during the April 8, 2011 pre-design meeting and documented in Meeting Minutes prepared by Clark Nexsen. Traffic Engineering does not support the Phase II development as shown. STORMWATER: This project must meet CBPA Regulations. WATER: This site must connect to City water. SEWER: This site must connect to City sanitary sewer. SCHOOLS: School Capacity Generation' Change z Enrollment New Castle Elementary 783 846 8 2 Landstown Middle 1,477 1,494 5 2 Landstown High 2,304 2,072 7 2 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne alive fewer students . _ BEILER PROPERTIES, INC. Agenda Item 2 Page 3 EVALUATION AND RECOMMENDATION This property was originally depicted on a Conditional Use Permit for an Open Space Promotion approved by City Council in 2002. The preliminary site plan showed a future street tie connection into this property as well as the location of the Southeastern Expressway and Greenbelt. The applicant held development of the property based on an understanding that the City would purchase the site for the proposed Southeastern Parkway and Greenbelt right-of-way. Since this right-of-way has yet to be purchased, and the applicant has waited ten years for the purchase to occur, the applicant requests to develop the site as proposed. Although over recent years there has been waning support for the Southeastern Parkway and Greenbelt, the Comprehensive Plan still identifies this roadway as a key component to providing improved transportation links to the regional and national systems. Until this issue is ultimately resolved, expanding the subdivision to this area planned for a major roadway conflicts with the Comprehensive Plan. Additionally, since the time of the original Use Permit for the Open Space Promotion and as a result of the threatened closure of NAS Oceana by the Base Realignment and Closure Commission (BRAG), there have been significant amendments to the Zoning Ordinance pertaining to AICUZ. Due to the location of this property within Sub-Area 3 of the 65-70 d6 AICUZ, which is the most restrictive of the three Sub- Areas, the applicant's proposal requires a discretionary action by the City Council, and the application is for an incompatible use in an area subject to AICUZ restrictions, the Memorandum of Understanding (MOU) between the Navy and City provides that the Joint Navy-City Staff is to review the application. The review of the proposal is for the purpose of determining whether the application meets the requirements of the provision of Section 1804(c)(3) of the AICUZ Overlay Ordinance: For property within Sub-area 3 of the 65-70 dB LDN Noise Zone, it is policy of the City Council that no application for a residential use shall be approved unless the City Council finds no reasonable non-residential use can be made of the property, in which event the City Council may allow the proposed residential use of such property at the lowest density that is reasonable. The applicant's representative attended the April 2012 MOU Joint Navy-City Staff Meeting. The representative explained that since the Open Space Promotion provision of the Zoning Ordinance no longer exists, the applicant is proposing the R-7.5 zoning district, which would provide lots similar in size to those to the north previously developed under the R-15 zoning with the then-permitted Open Space Promotion. The Joint Navy-City Staff evaluated the proposed development for compliance with the provisions of Section 1804(c)(3) of the AICUZ Overlay Ordinance. The Joint Navy-City Staff found that the proposed development is not at the lowest density that is reasonable, and concluded that the requested Change of Zoning does not meet the standard necessary for the City Council to find that the requested R-7.5 zoning can be approved. The subject site is currently zoned R-15 Residential, and accordingly, can be developed by-right with single-family dwellings (or any other permitted use in the R-15 District). Such use, therefore, is appropriate and reasonable. The affect of the Change of Zoning would be an increase in the number of dwelling units beyond what the existing zoning would provide. Thus, a change in the zoning to R-7.5 is not the lowest density that is reasonable. The existing zoning of R-15 Residential provides the lowest reasonable density. Staff does not recommend support of this request. BEILER PROPERTIES, INC. .Agenda Item 2 Page 4 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed it shall be subdivided into twenty-seven (27) lots for single-family residential homes in accordance with the "Conceptual Subdivision Plan" - "Highland Parrish, Phase Two", July 29, 2011, prepared by Clark Nexsen, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the property is developed, there will be no more than twenty-seven (27) single-family residential lots each shall contain a minimum of 9,000 square feet and be substantially as depicted in the Concept Plan. The remainder of the Property located west of the subdivided portion of the Property (approximately 34.352 acres) shall be dedicated to the Grantee when the subdivision plat is recorded. PROFFER 3: When the property is developed, the residential homes shall have a minimum of 1,800 square feet of living area and, at a minimum, a 300 square foot garage. The homes shall have an architectural design and utilize exterior building materials substantially similar to the pictures of homes in Highland Parrish, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Pictures"). PROFFER 4: 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 only for the purpose of ensuring that what has been submitted will be substantially what is developed if this Change of Zoning be approved. The proffers, however, are not acceptable in regard to number of units proposed beyond what can be achieved with the existing R-15 zoning. The number of units gained through the proposed Change of Zoning is dependent on the lot layout, but Staff estimates the number of units possible with the R-15 zoning (15,000 SF minimum lot size) as being in the range of 20 to 23; therefore, as noted in the Evaluation section of this report, the existing R-15 zoning is reasonable. Per the Evaluation's explanation of the AICUZ Ordinance's applicability to this AICUZ, this application should be denied. Accordingly, the proffers above are not acceptable. The City Attorney's Office has reviewed the proffer agreement dated February 6, 2012, and found it to be legally sufficient and in acceptable legal form. BEILER PROPERTIES, 1NC. Agenda Item 2 Page 5 AERIAL OF SITE LOCATION BEILER PROPERTIES, INC. Agenda Item 2 Page 6 '„ ~.. y o.- ~~ d E ~sx ~ n ~ H ~ ~^ y H 3 ~ ~ ~ F ~~aaa~ ~~~~ a ~~~_ ~Ceya^ h€ ~~ N W ~ g~ b 'ga Q 2 ~ ~ ~ ~ ~ ~e ~ S 'f ~ S ~~ a fq 8 v ., j ~ .R / ~`. Southeastern Parkway & Greenbelt (Proposed right-of-way) r -___..~ /~ ~, ~-_ ._ , , J - ~t-- _ ~, '~ _ ' ~ ~,, ~ .. /f' \ - ~\ ,. ~~ ~ ~', \0~~~ ~~= ~ v `', ~~ ~/ . / / ~` s [[~) -~ 1F ---- f) /! / / \ <~` 1- - ~- - ~j /;/ ~i . I ~ 1 o - ~ / -~ ~~ ~ ~ l _ ` ~ ~ -r ~ 1 ~ ~~ l j 1 / r i ~ _ - ~ / ~; i i / ~ . ~ ~ ~ _ / i ~ / g£ ~ / ll ~, ~\ .,,., ~/ SE ~~ ~ , ~ ~~ ~ ~ ~ i .J / ~ ~, ~ ~ z \ I < t`/ f a I a ,~ _ 'i ,! ,,_, PROPOSED SITE PLAN BEILER PROPERTIES, INC. Agenda Item 2 Page 7 yr' 8~ __ `...;_ "F ~ . Nr. ry.~ UR,N~ T~~~~~~ ZONING HISTORY # DATE REQUEST ACTION 1 09/10/2002 Conditional Use Permit o en space promotion A proved 2 10/25/1994 Conditional Use Permit church A roved A~ BEILER PROPERTIES, INC. Agenda Item 2 Page 8 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) Seiler Properties, Inc.: Elva Y. Seiler, President/Treasurer; Merlin Seiler, Secretary; Marvin Seiler, Director; Pauline Swartzentruber, Director 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 9/1/2004 Z O ~--~ V .--. G~ O N f~ O .--. I-~ A O V DISCLOSURE STATEMENT BEILER PROPERTIES, INC. Agenda Item 2 Page 9 Z O .--. V L7 O N O E--~ A O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Clark Nexsen Howard E. Gordon, Esquire Alan Resh 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. Seiler Properties, Inc. 8y: '.` ~.r~ ~.-G'..~ Elva Y. Seiler, President Applicant's Signature Print Name Property Owner's Signature {if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 9/112004 DISCLOSURE STATEMENT BEILER PROPERTIES, INC. .Agenda Item 2 Page 10 Item #2 Beiler Properties, Inc. Conditional Change of Zoning Southern terminus of Border Way (west of Salem Road) District 7 Princess Anne June 13, 2012 REGULAR An application of Beiler Properties, Inc. for a Conditional Change of Zoning from R-15 to R-7.5 on property located on the southern terminus of Border Way, west of Salem Road, District 7, Princess Anne. GPIN: 14840322270000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed it shall be subdivided into twenty-seven (27) lots for single-family residential homes in accordance with the "Conceptual Subdivision Plan" - "Highland Parrish, Phase Two", July 29, 201 1, prepared by Clark Nexsen, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the property is developed, there will be no more than twenty-seven (27) single- family residential lots each shall contain a minimum of 9,000 square feet and be substantially as depicted in the Concept Plan. The remainder of the Property located west of the subdivided portion of the Property (approximately 34.352 acres) shall be dedicated to the Grantee when the subdivision plat is recorded. PROFFER 3: When the property is developed, the residential homes shall have a minimum of Item #2 Beiler Properties, Inc. Page 2 1,800 square feet of living area and, at a minimum, a 300 square foot garage. The homes shall have an architectural design and utilize exterior building materials substantially similar to the pictures of homes in Highland Parrish, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Pictures"). PROFFER 4: 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 onl or the purpose of ensuring that what has been submitted will be substantially what is developed ifthis Chan~ofZoning be approved The proffers however are not acceptable in regard to number of units proposed beyond what can be achieved with the existingR-1 S zoning The number of units ~~ained through the proposed Change of Zoning is dependent on the lot layout but Staff estimates the number of units possible with the R-1 S zoning (1 S 000 SF minimum lot size) as being in the range o 20 to 23 • therefore as noted in the Evaluation section of this report, the existing R- 1 S zoning is reasonable Per the Evaluation's explanation ofthe AICUZ Ordinance's ~plicability to this AICUZ this implication should be denied. Accordingly, the prefers above are not acceptable. The City Attorney's Office has reviewed the proffer agreement dated February 6, 2012, and found it to be legally sufficient and in acceptable legal form. A motion was made by Commissioner Horsley to deny the application and was seconded by Commissioner Rucinski. AYE 8 NAY 1 ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE LIVAS NAY REDMOND AYE RIPLEY AYE Item #2 Beiler Properties, Inc. Page 3 RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 8-0, the Commission denied item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant. Tom Winges and Joseph Malfitano spoke in opposition of the application. BE,gc~. ~~~.~ ~ ~ n. ~ ~~ .-. 1, U ~ r'7 ' x CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE .~- o {n~~'~-'~. a 3 9,p , .2-~n ~eL , ~ ~G ,f.S .9~.1"~0. ~~.. S 0 OF OUR NP1 ~Ot~ In Reply Refer To Our File No. DF-8233 TO: Mark D. Stiles B. Ka Wilson~~ FROM: y DATE: June 26, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Beiler Properties, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 3, 2012. I have reviewed the subject proffer agreement, dated February 6, 2012 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~ BEILER PROPERTIES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 6th day of February, 2oi2, by and between BEILER PROPERTIES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 43.4521 acres as described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel is hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-i5 Residential District to Conditional R- 7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1484-03-222'J Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: ~.: SYK£S, BOUBhON, d~ Al1~RN ~ l.t~~',1~.C. 1 PREPARED BY: Q, ~ S~'IC~S, ~®U~21~®N, d~ r~IIERN ~ LEVY,', ID.C. WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby 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, grantee, and other successors in interest or title: 1. When the Property is developed it shall be subdivided into twenty-six (26) lots for single family residential homes in accordance with the "CONCEPTUAL SUBDIVISION PLAN" - "HIGHLAND PARISH, PHASE TWO", July 29, 2oli, prepared by Clark Nexsen, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, there will be no more than twenty-six (26) single family residential lots each shall contain a minimum of 9,00o square feet and be substantially as depicted in the Concept Plan. The remainder of the Property located west 2 of the subdivided portion of the Property (approximately 35.4 acres) shall be dedicated to the Grantee when the subdivision plat is recorded. 3. When the Property is developed, the residential homes shall have a minimum of 180o square feet of living area and, at a minimum, a 30o square foot garage. The homes shall have an architectural design and utilize exterior building materials substantially similar to the pictures of homes in Highland Parish, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Pictures"). 4. Further conditions maybe required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to .the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) 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 PREPARED BY: Q.: SYK£S, ~©U~[~t~ty, Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, d~ t4iI~KN ~ L~VY,1~.C. 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 3 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; (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: ~ : SYICtS. ~®U~2I)®N. fj~ ~IER~ & Lam'. ~.C. 4 WITNESS the following signature and seal: Grantor: Beiler Properties, Inc., a Virginia corporation n . •` ~ By: ~,.~..~~=~ E',,c-~~~ (SEAL) Elva Y. Seiler, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~t The foregoing instrument was acknowledged before me this ~ day of 2012, by Elva Y. Beiler, President of Beiler Properties, Inc., a Virginia corporatio ,Grantor. C~ .- Notary Public PREPARED BY: Q : SYfCtS, B®URI~®N, d~ ,4~1~RN ~ Lam', 4~.C. My Commission Expires: ~' ~~ ~' ~~/~ Notary Registration Number: ~ ~ /D 7 ,,a ` ' ~-,-x ~ ~ a- i C~., ;, ~~, ~~a ~''~'r'a' /~ ,,'+' ., , ~~ ..e ~ >. 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, located in the City of Virginia Beach, Virginia, and designated as Parcel "A" containing 43.452 acres, more or less, which parcel is depicted on a plat entitled "SUBDIVISION OF BEILER PROPERTIES, INC. D.B. 2382 - PG. 182 Virginia Beach, Virginia", dated io/io/o2, prepared by Hassell & Folkes, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 2oo2i22o3o84i64. GPIN: 1484-03-222'J \\Sykesw2k\users\AM\Conditional Rezoning\Beiler Properties\Froffer.doc PREPARED BY: Q : SYICI:S, Il®UI2ID®N. d~ A111:12N ~ ~.~'. P.C. 6 N O til ~~~ '• ~"~ ~~ y 0 -~ H 0 ~; n' 'o' ,. 0 n 0 ~. 0 N 1~ I m z n rt c ~~~_ :Si .sMr..• `°~ I '~V.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH RACQUET CLUB NORTH, Modification of Conditions, 1950 & 1951 Thomas Bishop Lane (GPIN 1499566287; 1499561357; 1499-46-9641). LYNNHAVEN DISTRICT. MEETING DATE: July 3, 2012 ^ Background: A Conditional Use Permit permitting an outdoor recreation facility was approved by the City Council on April 14, 1975. Since then, the Use Permit has been modified in 1978, 1983, 1986, and most recently, in 2010. The 2010 Modification included a number of substantial changes to the site, including construction of seven additional outdoor courts (two with lights), additional parking spaces, construction of an 82,000 square foot indoor tennis facility with 10 courts, and removal of the inflatable structure that covered six tennis courts on the part of the site west of Thomas Bishop Lane. ^ Considerations: There are three requested modifications. First, the applicant requests deletion of Condition 7, which prohibits signage on the site and building, whether the signs are freestanding, mounted to the building, or in any other form. The applicant desires to install limited identification signage on the building, as depicted on page 8 of the attached staff report. Deletion of this condition will not provide the applicant with the ability to install signs on the site. The deletion of the condition only provides the applicant with the opportunity to seek a variance from the Board of Zoning Appeals for such signage. Second, the applicant requests that the Use Permit be modified to allow recreational activities other than tennis to occur within the indoor facility. Section 501 of the Zoning Ordinance, which regulates permitted and conditional uses in the Residential zoning districts, provides that Outdoor Recreation Facilities "may include permanently enclosed components," such as the building recently constructed on the subject site, "provided such components do not exceed a total of twenty (20) percent of the area encompassed by the Conditional Use Permit and the activities conducted therein are identical to those conducted outdoors or specifically permitted by the conditional use permit." Thus, under this provision of Section 501, the applicant desires to have indoor recreational activities or tournaments in sports other than tennis, such as lacrosse, field hockey, soccer, or volleyball. Virginia Beach Racquet Club North Page2of3 Third, the applicant proposes to renovate an existing restroom /utility structure located on the west side of Thomas Bishop Lane. The structure was previously located inside of the inflatable structure that covered the tennis courts. The structure will be used as the core of a renovation that will result in a 40' x 13'-2" utility building. The structure will contain a restroom, storage area, garage (for maintenance vehicles), irrigation control equipment, and an open, covered viewing area. The structure will be adjacent to the fenced outdoor tennis courts, with the longest side of the structure parallel to the fence. According to the submitted building plans, the structure will have colonial-style elements, including columns, Hardieplank® lap siding, and a hipped roof covered with asphalt shingles. The Virginia Beach Racquet Club has been at this location since the 1970s. Changes to the club have occurred over the years as modifications and expansions were requested and approved by the City Council in 1978, 1983, 1986, and 2010. The improvements to the complex allowed by the 2010 modifications have provided the opportunity for additional year-round play, higher-quality tournaments, and increased use by tennis players traveling to and through Virginia Beach. The applicant's three proposed modifications to the Use Permit will further enhance the quality of the facility. It is important, however, that the enhanced quality also maintains the continued compatibility of the facility with the surrounding area. Thus, conditions have been recommended with this Modification that are intended to ensure the facility and the activities associated with it maintain compatibility with the surrounding area. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the City Council on October 12, 2010 remain in effect. Condition Number 7 is hereby deleted. Any signage proposed for the site shall be substantially consistent with that shown on the submitted plan entitled "Building Elevations with Signage," Sheet A202, undated, prepared by Cox, Kliewer, and Company. 2. Recreational activities other than tennis shall be permitted within the indoor tennis building located on the site. Such activities shall be limited to games, practices, tournaments, and similar activities for recreational sports other than tennis. The following must be adhered to when such activities occur: a. The applicant shall have and implement a plan for each activity/event that provides measures that will be taken to ensure parking for the Virginia Beach Racquet Club North Page3of3 activity/event is prohibited in the adjacent residential area and is instead directed to the on-site parking areas, as well as the designated off-site overflow parking areas. If the Zoning Administrator determines that the activities/events occurring on the site are having an adverse impact on the adjacent neighborhood in regard to traffic, overflow parking, and noise, the Zoning Administrator, at his or her discretion, shall notify the applicant of the need for a reconsideration of Condition 2 of this Use Permit. b. As specified in Section 501 in the description of this use, all activity shall occur within the building. There shall be no outdoor speakers, pennants, balloons, streamers, or similar outside the building or attached to the building, nor shall there be any loudspeakers or unamplified music outside the building. 3. The restroom/utility structure proposed for the portion of the site west of Thomas Bishop Lane shall be located and constructed as depicted on the submitted plans entitled, "Renovation to Virginia Beach Tennis and Country Club, Utility Building, Thomas Bishop Lane, Virginia Beach, Virginia," Sheets T101, A101, and A102, dated 10/12/11 and 4/25/12, and prepared by Cox, Kliewer, and Company. ^ 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 ~~~~ 20 June 13, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES STAFF PLANNER: Stephen J. White REQUEST: Modification of a Conditional Use Permit for an outdoor recreation facility (tennis courts) originally approved by the City Council in 1975 and then modified in 1986 and 2010. ADDRESS /DESCRIPTION: 1950 and 1951 Thomas Bishop Lane GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 1499566287; LYNNHAVEN East of Thomas Bishop Lane: Less than 65 d6 DNL 1499561357; 527,437.42 SF (12.11 AC.) 1499469641 West of Thomas Bishop Lane: 208,091.88 SF (4.78 AC.) TOTAL: 16.89 AC. SUMMARY OF REQUEST A Conditional Use Permit permitting an outdoor recreation facility was approved by the City Council on April 14, 1975. Since then, the Use Permit has been modified in 1978, 1983, 1986, and most recently, in 2010. The 2010 Modification included a number of substantial changes to the site, including construction of seven additional outdoor courts (two with lights), additional parking spaces, construction of an 82,000 square foot indoor tennis facility with 10 courts, and removal of the inflatable structure that covered six tennis courts on the part of the site west of Thomas Bishop Lane. The 2010 Modification has seven conditions, which are listed below on page 2. The applicant requests deletion of Condition 7, which prohibits signage on the site and building, whether the signs are freestanding, mounted to the building, or in any other form. The applicant desires to install limited identification signage on the building, as depicted on page 8 . Deletion of this condition will provide the applicant with the opportunity to seek a variance from the Board of Zoning Appeals for such signage. VIRGINIA BEACH RACQUET CLUB ~I ASSOCIATES ,genda Item 20 Page 1 ~ ~ ~ y ~. `- _ } ~~. p The applicant also requests modification to the existing Use Permit for the purpose of allowing recreational activities other than tennis to occur within the indoor facility. Section 501 of the Zoning Ordinance, which regulates permitted and conditional uses in the Residential zoning districts, provides that Outdoor Recreation Facilities "may include permanently enclosed components," such as the building recently constructed on the subject site, "provided such components do not exceed a total of twenty (20) percent of the area encompassed by the conditional use permit and the activities conducted therein are identical to those conducted outdoors or specifically permitted by the conditional use permit." Thus, under this provision of Section 501, the applicant requests the Use Permit be modified to allow indoor recreational activities or tournaments in sports other than tennis, such as lacrosse, field hockey, soccer, or volleyball. A third part of the requested Modification consists of renovation of an existing restroom /utility structure located on the west side of Thomas Bishop Lane. The structure was previously located inside of the inflatable structure that covered the tennis courts. The applicant proposes to use that structure as the core of a renovation that will result in a 40' x 13'-2" utility building. The structure will contain a restroom, storage area, garage (for maintenance vehicles), irrigation control equipment, and an open, covered viewing area. The structure will be adjacent to the fenced outdoor tennis courts, with the longest side of the structure parallel to the fence. According to the submitted building plans, the structure will have Colonial style elements, including columns, Hardiplank lap siding, and a hipped roof covered with asphalt shingles. Finally, in the `Description of Request' section of the application, the applicant requests "that the City permit, at the applicant's expense, posting of directional signage on Great Neck Road and Shore Drive." This request is not a discretionary land use action that the Planning Commission and the City Council can act on as part of this Use Permit Modification. Staff did, however, request comments from Traffic Engineering regarding the applicant's request. In their response, Traffic Engineering noted that they have previously denied this request, as they have similar requests from other facilities. The only directional signs of this type that are allowed within public right-of-ways are as follows: 1. Roadway Guide Signs allowed for non-profit organizations with the approval of City Council, as provided for in Section 211.1 of the City Zoning Ordinance; and 2. Traffic Directional Signs as provided for in Section 16.2.9 of the Public Works Specifications and Standards. There are various categories of such signs that may be permitted based on Traffic Engineering's review. The applicant's requested signs, however, would not be allowed per the following from the Standards: Other regional recreational facilities such as camping, golf, recreation areas, fishing services, and theme parks may have directional signs. The signs will not have individual names that delineate specific facilities. Placement of directional signs will be limited to a reasonable distance from the site as determined by Traffic Engineering. The recreational facilities that merit lions will be maior generators of regional traffic. Traffic Engineering indicates that the Racquet Club is not considered a 'major generator of regional traffic.' To commence the formal process of requesting the signs, Staff advised the applicant to submit the request for the signs to the Traffic Engineer. Should the Traffic Engineer deny the request, the request may be escalated as necessary to the City Engineer, Director of Public Works, the City Manager, and the City Council. VIRGINIA BEACH RACQUET CLUB NORT i ASSOCIATES ~ . ,genda Item 20 `~ Page 2 ~ 2010 CONDITIONS REQUESTED FOR MODIFICATION 1. The indoor door tennis facility shall be constructed only at the location depicted on the exhibit referenced in condition 2 below and in substantial conformance with the elevations entitled, "New Court Facility for Virginia Beach Tennis and Country Club," prepared by Covington, Hendrix Anderson Architects, dated 08/13/10, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The exterior building color scheme shall be limited to earth tones. 2. Any additional buildings, tennis courts and/or lighting not on the property located at 1950 Thomas Bishop Lane as of August 1, 2010, shall be constructed substantially in conformance with the improvements indicated on the exhibit entitled, "Use Permit Exhibit -Revised, Virginia Beach Tennis & Country Club," prepared by Martin Engineering, dated 08/16/10, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The additional lights as depicted on the exhibit referenced in condition 2 above shall be turned off by 10:00 p.m. 4. A single temporary structure or structures are permitted to be constructed at 1951 Thomas Bishop Lane in order to replace the existing inflatable, indoor tennis structure solely for protection from the elements during the winter 2010-2011 season. On or before April 30, 2011, any temporary structure(s) on this property shall be removed. Subsequent to May 1, 2011, the club's property on the west side of Thomas Bishop Lane shall be limited to: 6 outdoor tennis courts, parking in number and configuration as of August 1, 2010, and change-over player seating. Lights on these courts shall be prohibited. 5. An additional row of large evergreen shrubs, installed consistent with standards set forth in the Virginia Beach Landscaping Guide, shall be installed on the club's property along the southern property line as shown on the exhibit referenced in condition 2 above. Said landscaping shall be depicted on the final site plan and approved by staff prior to approval of the site plan. The existing wooded area on the club's property in this vicinity shall remain intact as shown on said plan and shall also be depicted as part of the tree protection strategy on the site plan and/or on the erosion and sedimentation plan. 6. Interior parking lot and streetscape landscaping shall be installed as required by City ordinances and consistent with the standards set forth in the Virginia Beach Landscaping Guide. 7. Consistent with the Zoning Ordinance, no signage, freestanding, on the building or otherwise, shall be permitted on the site. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Indoor and outdoor tennis courts, parking, and swimming pool SURROUNDING LAND North: Single-family dwellings / R-20 Residential District USE AND ZONING: South: . John B. Dey Elementary School / R-40 Residential District East: Single-family dwellings / R-20 Residential District • Great Neck Middle School / R-40 Residential District VIRGINIA BEACH RACQUET CLUB ~ ~K. ~_; y rt^; ~ ~. s~ . Y `S n. m 20 age 3 uir r~~ ~N`' • Thomas Bishop Lane West: • Single-family homes / R-10 Residential District • Undeveloped wooded area adjacent to N. Great Neck Road NATURAL RESOURCE AND There does not appear to be any significant environmental or cultural CULTURAL FEATURES: features on the property to the east of Thomas Bishop Lane. The existing tennis courts on the west side of Thomas Bishop Lane are located within the Chesapeake Bay Preservation Area /Resource Protection Area. The applicant understands that any land disturbance, including the replacement of the structure, must meet all applicable requirements for redevelopment as set forth in the Chesapeake Bay Preservation Area Ordinance. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area. The Plan recognizes the necessity of preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods. Achieving the goals of preserving neighborhood quality requires a careful mix of land uses while promoting compatibility with the surroundings in terms of proper buffering between non-residential and residential development, environmental responsibility, livability, and quality and attractiveness of site and buildings. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Thomas Bishop Lane is a two-lane undivided local street. It is not shown on the MTP and is not the subject of any CIP project. Approximately 630 feet south of the southern entrance to the tennis club, Thomas Bishop Lane terminates at an unsignalized T-intersection with Great Neck Road. Great Neck Road is a suburban major arterial that has a divided four-lane in this area. Based on traffic counts taken in 2009, this segment operates at `borderline' F Level of Service. The MTP shows Great Neck Road as a divided facility with a bikeway within a 120-foot right-of-way. There are no roadway CIP projects in the vicinity. ~ 'I TRAFFIC: Street Name present Volume present Capacity Generated Traffic Great Neck Road 37,200 ADT 34,900 ADT (Level of Existing Land Use - Service "C") - 37,100 1,742 ADT ADT' (Level of Service Proposed Land Use - "E") No change based on submitted information Average Daily Trips s as defined b 45 tennis courts WATER 8~ SEWER: This site is already connected to City water and sewer. The existing 2 inch water meter can be used or upgraded to accommodate the proposed expansion. The sanitary sewer and pump station, #266, may be required to be analyzed to determine if future flows can be accommodated. VIRGINIA BEACH RACQUET CLUB 20 R <=y: . v ^`' ~` 2 ~.. ~ y` "~, ~~ ;, I'i.. s o,. ~ . ~.i `' EVALUATION AND RECOMMENDATION The Virginia Beach Racquet Club has been at this location since the 1970s. Changes to the club have occurred over the years as modifications and expansions were requested and approved by the City Council in 1978, 1983, 1986, and 2010. The improvements to the complex allowed by the 2010 modifications have provided the opportunity for additional year-round play, higher-quality tournaments, and increased use by tennis players traveling to and through Virginia Beach. The applicant's three proposed modifications to the Use Permit could further enhance the quality of the facility. It is important, however, that the enhanced quality also maintains the continued compatibility of the facility with the surrounding area. Staff's findings on the three requested modifications are as follows: The request for the deletion of Condition 7 is reasonable. The applicant has submitted elevation drawings of the existing building with the sign shown. The proposal currently consists of 20-inch high individual letters spelling out "Virginia Beach Tennis & Country Club" on the west side of the building and the same on the north side of the building, except the letters are 8-inch high and located above the entrance. The deletion of Condition 7 will not permit the applicant to install the signs at this time. The deletion will allow the applicant to apply to the Board of Zoning Appeals for a variance that, if granted, will allow the signs. The applicant's request to have the ability to allow recreation-related activities other than tennis within the building, as provided for in Section 501 as part of the description of the use "recreation and amusement facilities of an outdoor nature," is reasonable; however, the addition of such uses must be limited in a way that protects the adjacent residential areas from negative impacts, such as nuisance-level noise and spillover parking into neighborhood streets. Staff, therefore, has proposed conditions, recommended below, to limit such possibilities. Staff supports the applicant's request to renovate the existing restroom /utility structure adjacent to the tennis courts on the west side of Thomas Bishop Lane. The need for such a structure on the western portion of the site is reasonable. The proposed design of the renovated and expanded structure is of a style and consists of architectural elements that ensure compatibility with the homes in the residential area to the east. The applicant's request for signs within the public right-of-way on Shore Drive and Great Neck Road that will direct drivers to the facility is understandable, but cannot be added as a condition to this Use Permit, which is explained on page 2 of this report. Staff concludes that the requested modifications to the Use Permit are reasonable and will be compatible with the surrounding area. Approval of the Modification of the Use Permit is recommended with the conditions below. 1. All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the City Council on October 12, 2010 remain in effect. Condition Number 7 is hereby deleted. Any signs proposed for the site shall be substantially consistent with that shown on the submitted plan entitled "Building Elevations with Signage," Sheet A202, undated, prepared by Cox, Kliewer, and Company. 2. Recreational activities other than tennis shall be permitted within the indoor tennis bu VIRGINIA BEACH RACQUET CLUB .:w> _ ,, .~ ~, ; 9 ,y ~. y ~ __ q1 h~~ 9,r ..a ': Y ~ the site. Such activities shall be limited to games, practices, tournaments, and similar activities for recreational sports other than tennis. The following must be adhered to when such activities occur: a. The applicant shall have and implement a plan for each activity/event that provides measures that will be taken to ensure parking for the activity/event is prohibited in the adjacent residential area and is instead directed to the on-site parking areas, as well as the designated off-site overflow parking areas. If the Zoning Administrator determines that the activities/events occurring on the site are having an adverse impact on the adjacent neighborhood in regard to traffic, overflow parking, and noise, the Zoning Administrator, at his or her discretion, shall notify the applicant of the need for a reconsideration of Condition 2 of this Use Permit. b. As specified in Section 501 in the description of this use, all activity shall occur within the building. There shall be no outdoor speakers, pennants, balloons, streamers, or similar outside the building or attached to the building, nor shall there be any loudspeakers or unamplified music outside the building. 3. The restroom/utility structure proposed for the portion of the site west of Thomas Bishop Lane shall be located and constructed as depicted on the submitted plans entitled, "Renovation to Virginia Beach Tennis and Country Club, Utility Building, Thomas Bishop Lane, Virginia Beach, Virginia," Sheets T101, A101, and A102, dated 10/12/11 and 4/25/12, and prepared by Cox, Kliewer, and Company. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES Agenda Item 20 ~~ Page 6 9 ,~ J' ~. ~. ~,, ~. ,~, _.~' ../i ~.- ~.,,- AERIAL OF SITE LOCATION VIRGINIA BEACH RACQUET CLUB NO ~ ASSOCIATES Agenda Item 20 Page 7 r r ~- ~ r r~. sue, -'s `°~ r ~~ ~ BUILDING ELEVATIONS SHOWING PROPOSED SIGNS _~,. :~ VIRGINIA BEACH RACQUET CLUB N i ASSOCIATES Agenda Item 20 ~~ Page 8 ,~ .i ~.. _ ., 5 ~ _c ~ 4„ n 's''` ~~~~ ~ ~ 3 ~+ ~ F iY ~ 3 ~ee~s ~ ~Q~~ i~ I C I dpi I C I- - - ~' I `~ ', ~~. ~ ~`~ ~~_i~ ~4~ '•~ ~. ~. ; . r e~ .` , '•~ ~tl ~ ~O~ i .~ ~ . ~ ~f ~, .\ Z - ' ' .~ W Z ~' i r " ~ g ~ 1~, W ~ % ~; t' ~ N N .. ~ ,~;. y y.3'.:r df 8 O H J 0 a= O N Q i~;.. a~ hrN"1 Z ~O o 5 O H J ~ ~ w ~ ~ O V ~ ~ M ~ ~ €~ PLANS FOR RESTROOM/UTILITY BUIDLING (SHEET T101) VIRGINIA BEACH RACQUET CLUB NO i ASSOCIATES "~ Agenda Item 20 ~~' Page 9 ~ ~, t '~~~ ,a k. "° nd~p Nn"~ ,it"t ~ ,i ~ ~~ ~~ ~3 f¢ I .7` . „ _ ~,~ ~ ~ t ,~,~ ~ ,~ ~ , ,~ _ ;~ ; i ,;~ ~. ~ ~ jj .~ I li.~ 4 Z i I ~ ~ I~' y<~ W . ~ W1 Q~ y ~ ~ ~ I ~. ~ ~~ I ' ~f ~~ _; PLANS FOR RESTROOM/UTILITY BUIDLING (SHEET A101 T CLUB NORTH ASSOCIATES ~~ VIRGINIA BEACH RACQUE Agenda Item 20 ;+ Page 10 *I 7 a ~ ~:, ~~ "l.~~a e kip 4c; "6 ~" F ~ ~ ~` ~`"i~r4 wr`~~ Ear - ero .°: Enuan Nreo a°nxo~mole,E awe 1 to , fi _- ~ i@'EE~ - EROTWG EIDPYN[ _ ___.. ~~ -- - EL•Ea MEW EOOfM ~r~ RIwYW [E~ ]WALLSECTIONf'i ALOE SCNE. IR' ,u ~ .Ea~a,, EOIIT ~.. Ip~E~~ EOEErt ~E~-/ ' ~ WNGVER..ME,E116 ;E.Ea. ~i~ i / umm / rwwwmw " 0 _ wexwo eE nEO 1 OTM r. EEwo Eosi ~~° r~~~a.n..c toEtH.~rt Twnsv uu+,nn,c,rir °~°n'E~ro^ Inr~ o Ewanea EGF95EO CnMV.w co~uw TnEwE~iasT.,ranocluE- EMiEEUE ~t Ianllrlm n~°Y \ \ , / ra~isiE C~oiw~*iv.Ti~~iw 1Y1 ~, `-EtpiwO PppEpp I E+VI G+OIRi~--~ ~] WALL SECTION ~10E EcM[ +m i+P ,^° PLANS FOR RESTROOM/UTILITY BUIDLING ',, (SHEET A102 VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES Agenda Item 20 +"'~~ Page 11 , ,~ ,~ ~~. ~ ~ N,~, ~.,Ec TOILET INTERIOR ELEV. [TOILET INTERIOR ELEV. ~A,OZ EGIt. ,Et ,'6 n10E EEUE- I? , a DOOR SCHEDULE DOOR TYPES soon Eoon iro. E wolf on. En IrmeE rrtnuE EEEr,E nEEO wIE Eiu Ee.uas «o imr, ,m ianEr ~ y,• MM EfOMOE J6 T4 bn tESWMOE rY Td i1N' E n,IF~p pppp HARDWARE SCHEDULE SETH iOCT~Ei. 1p~1(M1pp~uTF /LOMTP~IG~I PoRpglEFWM6 TV 6Ei Ls~~gH ~uTn[ca X45'. QEEOEV~ppOn __.___..__ 6MbM MR'1E EIML id,sM Kt TOE ~ ppEa,.+pq w5 nECCUUEUDFO Ev E.OOn en+o r~u~lw ~ ol~ ~ v...~~E,c.~uE. TYPE A TYPE 8 rz.EnwR,E arseE EOC. w.non •T noon ~,,. ai*E~woE~oo on E` aecr~w... wEn,cw ~a~wwES .ouwTEO• ow'+nE OOOn ~ ir~nia Beach Racquet onirrgwithCondiilorrs~roHers Modification of Conditions ZONING HISTORY 1 03/13/2007 Subdivision Variance Granted 05/11/1981 Chan a of Zonin R-1 to R-2 Granted 2 11/24/1986 Use Permit church Granted 3 10/12/2010 Modification of Use Permit (recreational facility) Granted 05/05/1986 Modification of Use Permit (recreational facility) Granted 04/25/1983 Modification of Use Permit (recreational facility) Granted 04/10/1978 Modification of Use Permit (recreational facility) Granted 04/14/1975 Use Permit recreational facilit 4 05/11/1981 Chan a of Zonin R-1 to R-3 Granted 5 04/10/1978 Chan a of Zonin R-1 to R-2 Granted 6 12/13/1976 Chan a of Zonin R-1 to R-3 Granted 7 11/15/1976 Use Permit recreational facilit Granted B~;. VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES ~ ? Agenda Item 20 ~; Page 12 ~ ,y ~,~ ~~ /~~ ~~ 1~~1 ~~ O V O O M~~~1 ~_ ~~y DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Virginia Beach Racquet Club North Associates, a Virginia Limited Partnership: Dr. Harvey Shiflett, General Partner 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modification of Conditions Application Page 10 oft t DISCLOSURE STATEMENT VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES agenda Item 20 Page 13 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) Martin Engineering, Inc. Sykes, Bourdon, Ahern & 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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 pac Virginia a acquet C b ort ssociates By: Harvey Shiflett, General Partner Applicant' Signature Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 0 ~y ~y ~~ 0 ~~ 1~~ V O O 1~~1 V 1~~1 ~~ DISCLOSURE STATEMENT r VIRGINIA BEACH RACQUET CLUB NORTH.~ISSOCIATES ~#genda (tern 20 Page..14 Item #20 Virginia Beach Racquet Club North Associates Modification of a Conditional Use Permit 1950 and 1951 Thomas Bishop Lane District 5 Lynnhaven June 13, 2012 CONSENT An application of Virginia Beach Racquet Club North Associates for a Modification of a Conditional Use Permit for an outdoor recreation facility (tennis courts) originally approved by the City Council in 1975 and then modified in 1986 and 2010 on property located at 1950 and 1951 Thomas Bishop Lane. GPIN: 1499566287;1499561357;1499469641. CONDITIONS All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the City Council on October 12, 2010 remain in effect. Condition Number 7 is hereby deleted. Any signage proposed for the site shall be substantially consistent with that shown on the submitted plan entitled "Building Elevations with Signage," Sheet A202, undated, prepared by Cox, Kliewer, and Company. 2 Recreational activities other than tennis shall be permitted within the indoor tennis building located on the site. Such activities shall be limited to games, practices, tournaments, and similar activities for recreational sports other than tennis. The following must be adhered to when such activities occur: a. The applicant shall have and implement a plan for each activity/event that provides measures that will be taken to ensure parking for the activity/event is prohibited in the adjacent residential area and is instead directed to the on-site parking areas, as well as the designated off-site overflow parking areas. If the Zoning Administrator determines that the activities/events occurring on the site are having an adverse impact on the adjacent neighborhood in regard to traffic, overflow parking, and noise, the Zoning Administrator, at his or her discretion, shall notify the applicant of the need for a reconsideration of Condition 2 of this Use Permit. Item #20 Virginia Beach Racquet Club North Associates Page 2 b. As specified in Section 501 in the description of this use, all activity shall occur within the building. There shall be no outdoor speakers, pennants, balloons, streamers, or similar outside the building or attached to the building, nor shall there be any loudspeakers or unamplified music outside the building. 3 The restroom/utility structure proposed for the portion of the site west of Thomas Bishop Lane shall be located and constructed as depicted on the submitted plans entitled, "Renovation to Virginia Beach Tennis and Country Club, Utility Building, Thomas Bishop Lane, Virginia Beach, Virginia," Sheets T 101, A 101, and A 102, dated 10/ 12/ 11 and 4/25/ 12, and prepared by Cox, Kliewer, and Company. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAYO ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE Item #20 Virginia Beach Racquet Club North Associates Page 3 RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 20 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. .~ N ~o o~ o~ o n 0 4 ~ M ~° x H N oa ~~ ~~ y N d ^~^ •+ W N1~ ~. O ^~ ti. fy. 0 V y y W Os ~ Cn .^. O ~ M ~~i1 ~ z `° O V ~ F Ny O ;~ ~ n Z N N D Z Z rn "v D A GNU ee ~1 rS ~~ f ~4 ~~ s~ i'. ~' ~ •! ~~ 4:~~~:~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAKE GEM D8, LLC, Modification of Conditions, (outdoor market), 2181 Upton Drive (GPIN 2414249922). PRINCESS ANNE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: The applicant is requesting a Modification to a Conditional Use Permit for an outdoor market approved by the City Council on May 26, 2009 and then modified on April 27, 2010. The applicant desires to modify Conditions 2 and 5 of the Use Permit. Condition 2 of the Use Permit establishes the days and hours for the operation for the market: Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets -one before Thanksgiving and one before Christmas. Condition 5 of the Use Permit specifies the items that may be sold at the market: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. ^ Considerations: The applicant proposes to expand the scope of the outdoor market by including the retail sale of plants and greenhouse /nursery items. To include this use in the market, the days, hours, and types of goods to be sold, as specified in Conditions 2 and 5, must be revised. Thus, the proposal is to change the operating times to March through September, seven days a week, and to add plants and greenhouse /nursery items as products available for sale at the market. There was no opposition to the request. ^ Recommendations: Lake Gem D8, LLC Page 2 of 2 The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: All conditions with the exception of Numbers 2 and 5 attached to the Conditional Use Permit granted by the City Council on May 26, 2009 and Modified on April 27, 2010 remain in effect. 2. Condition Number 2 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall be permitted seven days a week from March through September in addition to two holiday markets -one before Thanksgiving and one before Christmas. 3. Condition Number 5 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, homemade and handmade items, plants, and greenhouse /nursery items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/ genc :Planning Department City Manager. PRINCESS ANNE i-+ Ata ~ h,l: li Ld1iC (1CfI1 La, LLB, ,~ ~'~..; i 62 ~~ )82 t32 ~s ,-~~_' Red MIII 1 , , j ~~ A18'` 1 ~ominons j~~ 62 ~ ,~ r E IpFFN R7~5 n _ ~~-. a ~' ~~ m~ B2 ~ , 6 BZ t' pp~~~ 11 ~~ 'Z°""9 ""''c'""ivpni41eM"'~O~"" ModiHcalJon of CondlUons RapwtYY buM NAw~M S"4m1 S,u~" Promtf"e ar P1W-I OnNYa aM f5•]NBLAr Mob• Zo"a 17 June 13, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: LAKE GEM D8, LLC STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit for a Seasonal Outdoor "Green Market" (flea market) -approved by the City Council on May 26, 2009 and Modified on April 27, 2010 ADDRESS /DESCRIPTION: 2181 Upton Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24142499220000 PRINCESS ANNE 4.75 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting a modification to the modified Conditions 2 and 5 of the Conditional Use Permit. Modified Condition 2 of the use permit sets the hours and days of operation for the market - • Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets -one before Thanksgiving and one before Christmas. The applicant desires to change the hours, months, and days of operation to March through September seven days a week. Modified Condition 5 of the use permit specifies the items that may be sold at the market - • The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. LAKE BEM-~t?8; iLC Agenda Item 17 Page 1 The applicant wishes to add additional products, plants and greenhouse /nursery items, available for sale at the market. Condition 2 and 5 of the Conditional Use Permit was modified on April 27. 2010. 1. All conditions with the exception of Number 2 and Number 5 attached to the Conditional Use Permit granted by the City Council on May 13, 2009 remain in effect. 2. Condition Number 2 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets -one before Thanksgiving and one before Christmas. 3. Condition Number 5 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. The Conditional Use Permit permitting Seasonal Outdoor "Green Market" (flea market) was approved by the City Council on May 26, 2009. The Conditional Use Permit has 6 conditions, which are listed at the end of this report. 1. The activities of the Green Market shall occur in the area of the parking lot on the southern side of the retail strip designated as D8E-1. 2. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September. 3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 4. Parking for the market shall occur in the parking area east side of retail strip as allowed by agreement between the applicant and those property owners. 5. The market shall not sell "hard good" type items other than those indicated. The market shall be only for the sale of local agricultural, seafood, and related organic food products, pet friendly businesses, non-profit organizations and health and wellness experts. 6. The Zoning administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. LAKE "Gf M D8, LLC Agenda Item 17 Page 2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Retail center and parking lot SURROUNDING LAND North: Retail shops and parking / B-2 Community Business District USE AND ZONING: South: Retail shops and parking / B-2 Community Business District East: . Retail shops and parking / B-2 Community Business District West: . Retail shops and parking / B-2 Community Business District NATURAL RESOURCE AND The site is mostly impervious with pavement and a retail strip center. CULTURAL FEATURES: There are no known significant natural resources or cultural features located on the site. COMPREHENSIVE PLAN: Suburban Area The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non- residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): No impacts to traffic through this modification. WATER and SEWER: Site is connected to the City water and sewer systems. EVALUATION AND RECOMMENDATION LAKE GEM U8, LLC Agenda Item 17 Page 3 Staff recommends approval of this requested modification, as conditioned below. The proposed changes to the existing outdoor market are consistent with the land use policies of the Comprehensive Plan. The requested changes to the Conditions 2 and 5 are minimal and provide additional shopping opportunities to the area residents as well as visitors to the southern part of the City. CONDITIONS 1. All conditions with the exception of Numbers 2 and 5 attached to the Conditional Use Permit granted by the City Council on May 26, 2009 and Modified on April 27, 2010 remain in effect. 2. Condition Number 2 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall be permitted seven days a week from March through September in addition to two holiday markets -one before Thanksgiving and one before Christmas. 3. Condition Number 5 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, homemade and handmade items, plants and greenhouse /nursery items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. t LAKE GEM fl8, LLC jenda Item 17 Page 4 'Y ~~ ~ ' ` f ,; .f'. ~ , _ ~ ' { ~ - • ' ~°a ~~ ~ ~ ~ T ..~_. , o W.~ * •t ~ gyp, M K N~'R~lff E~-_.. ~ r wwr ~c yyy 6 V r ~ :tm "~`"~~~ e ,..,: . v .. .,.. .. ~ - t, ..~ ~~* ~~, F ,~ ~, fx~~ ;. °~ .... t AERIAL OF SITE LOCATION ~~ ,~ ~~> ;~ ,~ ~ ~ M'tia-`r''~ ~ ~:i` .. ~. ~~~ T F t tf e 4 ~~~~~~sa~~~~~~~~~~~~ ..~ ,.~~ ~~ ~~~s~ ~~ ~ ~ ~~ ~_ ~~~ ~~ ~~~~ .~~~~ . . ~ ~ ~ . o:: _y o~ V'7 L1J N Z O O V J J_ W Y J J J_ W z~ C ~¢ ~u Ui Ja Wo SITE PLAN (J ~. ~_' ^_ ~ ~l '~±~ ~~ ~, v'' ~ I _' - _~" ~=~„`~ ~ ~~`~' ~-' 4~ __ ~~~ ~~~ ~_ h=.:;}~. ~~- ^. r' " BEM D8, LLC ;~.. Benda Item 17 ''," ~ Page 6 ';; ;~ ,~ `~I F'. IJM-'~ .wl~ Master Plan ~` GEM D8, LLC ~'{ , Benda Item 17 ' ~ Page 7 h. ° a" ZONING HISTORY # DATE REQUEST ACTION 1 12/14/10 Conditional Use Permit (Fitness Facility) 4/27/10 Modification of Conditions 5/26/09 Conditional Use Permit (Flea Market) 8/5/03 Conditional Use Permit (Bulk Storage) 12/11/01 Conditional Use Permit (Automobile Repair) 1/9/64 Conditional Use Permit (Raceway) 11/7/63 Rezoning (R-S 1 Residence Suburban to C-L 1 Limited Commercial A roved 2 3/25/03 Rezoning (B-2 Business to Conditional B-2 Approved Business and Conditional A-18 A artment 3 12/11/01 Rezoning (B-2 Business to Conditional A-12 Approved A artment '~ BEM D8, LLC Benda Item 17 ~~h `~~ I' Page 8 , y .~ ~~ ~,~.,, , ; y~ ,,: } t P i '!., ~ s ~. • ~ . „~ a x~ ~, ~.;r{` O •.--• c/~ Z ~+ ~--~ V w O O ~--. ~~ l~~~ 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) LR~ ~~ ~~ L1.C.TM~wif~&(~~ - ~~IN 67J~}oN~ dL ELl.1S~$~~~ 3~a~, N ~ G uc~ >'~95~~c , plc ~4rIr~ZSoiV 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) L-A'l~i/ G~+t/1 ~ L~-~.~, 141t~irt?~PS -,~n~iN l>/~IwJ, ~~G ~L.LISf B/LvG6 ~.~.. ~ r 1-U~.~ ~r)Q ~ ~K IG A9yd~lZS~nJ 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or e~loyee of th ity of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Modification of Condhbns Application Paga 10 of 17 Revised 7/3!07 DISCLOSURE STATEMENT LAKE `Gf M' D8,1LC 4genda Item 17 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) i "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when {i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantiaNy 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 not cation (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sfgn 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 ~~~~ff//~~~ ~ a~~~~t y~ttw ~ e r Prope y Owner's Signature (if di Brent than applicant) ~ ~/TZ Print Name TSrvcF ~, j3Pr~,l~ Print Name Modificatan or Conditions Applicatbn Page 11 of 11 Revised 7/32007 Z O ~--~ c~ O .--. O V w O Z O ~-..~ w A O DISCLOSURE STATEMENT LAKE #GEM D8,1LC ,`4genda Item 17 Page 10 Item# 17 Lake Gem D8, L.L.C. Modification of a Conditional Use Permit 2181 Upton Drive District 7 Princess Anne June 13, 2012 CONSENT An application of Lake Gem D8, L.L.C. for a Modification of a Conditional Use Permit for a seasonal outdoor "Green Market" (flea market) approved by City Council on May 26, 2009 and modified on Apri127, 2010 on property located at 2181 Upton Drive, District 7, Princess Anne. GPIN: 24142499220000. CONDITIONS All conditions with the exception of Numbers 2 and 5 attached to the Conditional Use Permit granted by the City Council on May 26, 2009 and Modified on Apri127, 2010 remain in effect. 2 Condition Number 2 of the May 26, 2009 and Modified on April 27, 2010 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall be permitted seven days a week from March through September in addition to two holiday markets -one before Thanksgiving and one before Christmas. 3 Condition Number 5 of the May 26, 2009 and Modified on Apri127, 2010 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, homemade and handmade items, plants and greenhouse /nursery items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. Item# 17 Lake Gem D8, L.L.C. 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 valicb The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAYO ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 17 by consent. Jeff Fritz appeared before the Commission on behalf of the applicant. ~~ N a ~ O ~ O ."`• +:') O C O ~ ~. y N b QO -* ti ~ N H O ~. ^~^. •, W hl. ~. O /~ 0 a ~. `o' N -~'"'~~, Ste' "'tiy,y~ .sra ~~ psi i : _ ::~~ 4• ~'`% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, LLC T/A AT & TNA STORAGE CO., LLC, Modification of Conditions, 2100 McComas Way (GPIN 2414072637). PRINCESS ANNE DISTRICT. MEETING DATE: July 3, 2012 ^ Background: A Conditional Use Permit permitting a 90-foot high `stealth style' wireless communication tower was approved by City Council on August 14, 2001. All of the antennas are located inside the tower pole. On November 28, 2006, City Council modified the Use Permit to allow an increase in height to 100 feet for the purpose of installing additional internal antennas. The applicant is requesting a Modification of the Use Permit to allow the installation of aflush-mounted antenna to the outside of the tower. When this tower was originally built, it was constructed to house three sets of internal panel antennas within the top portion of the tower. The use of internal antennas was acceptable at that time, as the antennas were intended primarily for voice communication. In the ten years since this site was constructed, wireless communication technology has changed to a combination of both voice and data. The `data traffic' on the applicant's network has increased 20,000 percent over the past five years due to the use of smartphones, tablet computers, and similar devices. The small antennas within the tower do not have the input- output capacity, the ability to receive multiple radio channels, or the capability to provide the speed that is required for the current mobile devices. The demands of wireless technology, combined with the public's increasing dependence on wireless communication devices, make the use of such internal antennas infeasible. Thus, the applicant and the other carriers that operate within the city have been upgrading their facilities to meet the increased demand for service, particularly data service. ^ Considerations: It is the intent of the applicant to add three flush-mounted panel antennas at the height of 76.92 feet on the tower, which is below the last existing internal antenna array. There will also be a small remote radio head behind each of the three new antennas. The proposed flush-mounted panel antennas are approximately six feet long, less than one-foot wide, and six inches deep. The antennas will be painted to match the color of the tower. New Cingular Wireless Page2of3 During the review of this application, staff recognized, based on wireless communication technology trends, the potential for the existing carriers with the antenna to request flush-mounted antennas as a replacement for their internal antennas. Thus, the purpose of the application was expanded to include the future replacement of the existing stealth monopole tower with a standard monopole tower and to allow external flush mounted antenna arrays. This action will avoid a future Modification of the Use Permit for every wireless carrier currently using the tower. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 10, 2001 remain in affect with the exception of condition number one that was modified the City Council on November 28, 2006. 2. Condition number one of the November 28, 2006 Conditional Use Permit modification is deleted and is replaced with the following: The existing stealth monopole tower may be replaced with a standard monopole tower no greater than 100 feet in height. Either internal antennas orflush-mounted antennas painted the same color as the tower, or both, are permitted on the existing and any future tower. The existing and any future tower shall be substantially in accordance with the site plan prepared by the CLS Group, last revised on July 13, 2011. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: PRINCESS ANNE Ne~i~ Cingular Wireless PCS, LLC ~ ~ ~ ~i220 ~ ;-3 1, ~ ~ I+ ..~ i~ ~~ ^4 '~' , R1 ~ . ' ,. -% R~ i~ ' ,, ~ ~ ~. R20 O ~ ~ ~ ;~ ~,. ~1~" B,~• ~ ~ ~~ ~ R20 ~ + ~, ~ _; ~ ~~, ~ y ~~ L'1~ t_ "~ -. ~, _ o _ _ ~~ _ as ' , ~ ~ ' _ R20 ~ ~ ~~ ..;' ~ ~_ ---~--- , I,- 4 ,~ ~ J' . ~ is~ ~ sz~ Rzo ~rz.rp.~'~ ~op.. Modltlcatton of tond7tbns 11 June 13, 2012 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, LLC T/A AT&T PROPERTY OWNER: VA STORAGE CO. L.L.C. STAFF PLANNER: Ray Odom REQUEST: Modification of a Conditional Use Permit for a communications tower -approved by the City Council on August 14, 2001 and modified by the City Council on November 28, 2006 ADDRESS /DESCRIPTION: 2096 McComas Way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2414-07-2637-0000 PRINCESS ANNE 3.53 acres 65-70 d6 DNL SUMMARY OF REQUEST The Conditional Use Permit permitting the communications tower was approved by City Council on August 14, 2001. The Conditional Use Permit has six conditions, which are listed below. 1. The tower must be designed as a stealth monopole tower no greater than 90 feet in height as shown on the site plan by Lewis White and Associates, dated 01/05/01 and presented to City Council. 2. The tower placement and landscaping must be as shown on the site plan by Lewis White and Associates, dated 01/05/01 and presented to City Council. A variance from the Board of Zoning Appeals is required for the setbacks for the tower. 3. All base level equipment for all users must be stored within the adjacent self-storage facility. 4. In the event that the tower is inactive for a period of one year, the tower must be removed from the site at the applicant's expense. NEW CINGULAR WIRELESS PCS, `LtC tla A78~T f~genda Item 11 Page 1 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower user and all subsequent users. 6. In the event interference with any City emergency communication facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. On November 28, 2006 City Council modified above condition one to the following: 1. The tower shall be designed as a stealth monopole tower no greater than 100 feet in height as shown on the site plan by JM&T Engineering, dated 07/27/06 exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. It was the intent of the applicant to modify the above modified condition one to just allow one external flush mounted antenna array. The existing stealth monopole tower was designed to support the small existing internal antennas. The applicant's representative has indicated that it appears that only one external flush mounted antenna array can be supported on the existing stealth style tower. There are two additional carriers on this facility. At staff's suggestion, this applicant was expanded to include the future replacement of the existing stealth monopole tower with a standard monopole tower and allow external flush mounted antenna arrays. This will avoid future modification requests at this site. When this tower was originally built, it was constructed to house three sets of three internal panel antennas within the top portion of the tower. This site was designed to be used primarily for voice communications. In the ten years since this site was constructed technology has changed. The applicant's representative has stated that the applicant's data traffic on their network has increased 20,000 percent over the past five years due to the use of smart phones, iPhones, iPads, etc. The applicant and other carriers within the city have been upgrading their facilities to cover the increased demand. Basically, the small antennas located within the existing tower can no longer handle the demand and it appears that these types of arrangements will no longer be fusible. These small antenna arrangements do not have the capacity, the ability for multi channels or provide the speed that is required for the current mobile devices. It is the intent of the applicant to add three flush-mounted panel antennas below the last internal antenna array and three small remote radio heads behind each of the new antennas. The proposed flush- mounted panel antennas are approximately six feet long, less than a foot wide and six inches deep. The antennas will be painted to match the tower color. A Structural Report and a Radio Frequency Emission Analysis Report have been submitted for the applicant's proposed antennas and are acceptable. Any additional antennas or replacement of the existing tower will require the submittal of Structural Reports and Radio Frequency Emission Analysis Reports for those submittals. NEW CINGULAR WIRELESS PCS,1tC t/a AT&T 4genda Item 11 Page 2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Self storage facility SURROUNDING LAND North: . Strawbridge Elementary School / R-20 Residential District USE AND ZONING: South: . McComas Way /Offices /Restaurant / B-1A Limited Community Business District / O-2 Office District East: Strawbridge Road / Strawbridge Shopping Center / B-2 Community Business District West: . Offices /Indoor Recreation /Church / B-2 Community Business District COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Suburban Area, adjacent to a Major Commercial Area (London Bridge/General Booth) and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. In addition, the Comprehensive Plan seeks to ensure that the City's "information and communication infrastructure is tightly connected with the world and is of the highest efficiency and quality." EVALUATION AND RECOMMENDATION The proposed Modification to the Conditional Use Permit for the subject communication tower is acceptable. Due to technological advances in mobile devices, the existing small internal antennas are no longer suited to providing adequate service to current mobile units. The applicant and other carriers within the city have been upgrading their facilities to cover the increased demand and new technologies. This requires much larger antennas that can operate at more than one frequency, have expanded capacity, and have a transmission speed capability that is required for the current devices. There are currently two additional carriers on the existing tower that may want to upgrade their facilities in the future. Therefore, it was staffs suggestion that this application be expanded to allow the future replacement of the existing stealth monopole tower with a standard monopole tower and allow external flush mounted antenna arrays. The subject site is located within a major commercial area on a 3.53 acre parcel. The tower location is located a considerable distance from any adjoining structures. Therefore, compatibility issues are not a concern. The addition of the proposed flush-mounted panel antennas painted the same color as the NEW CINGULAR WIRELESS PCS,`LLC t/a AT&T Agenda Item 11 Page 3 tower and/or replacement of the stealth monopole tower with a standard monopole tower with flush mounted antenna arrays painted the same color as the tower should not be anymore visible to the casual observer than the existing tower. The addition of the proposed flush-mounted panel antennas and/or replacement of the existing tower with a tower that can support the current mobile devices are in keeping with the Comprehensive Plan's goals of maintaining the most efficient and highest quality communication infrastructure possible. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 10, 2001 remain in affect with the exception of condition number one that was modified the City Council on November 28, 2006. 2. Condition number one of the November 28, 2006 Conditional Use Permit modification is deleted and is replaced with the following: The existing stealth monopole tower may be replaced with a standard monopole tower no greater than 100 feet in height. Either internal antennas orflush-mounted antennas painted the same color as the tower, or both, are permitted on the existing and/or future tower. The existing or future tower shall be substantially in accordance with the site plan prepared by the CLS Group, last revised on July 13, 2011. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certit'icate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. NEW CINGULAR WIRELESS PCS,'L-~C Ufa A'~8~T i~genda Item 11 Page 4 AERIAL OF SITE LOCATION NEW CINGULAR WIRELESS P LLC t/a AT8~T ' \genda Item 11 Page 5 ~~ 'h ~. -~~._._.. r C n _ _ 'X g r Q `_ - k f N '.... W !~ ~ Q > .~ ~~ O ; i H i rn ~ W LL ~~ Q 2 ~i ~ gu J J 5 Q ~~ ~--~ ~~ O ~~~ ~l~ a 5 ~ ~E- 5 ~ ©s b aW 1 ~ a~ e ~ ~s -$~ ~$~ a x rO ~~g^„ ~/ }^e?a ~x~~g ig§s: V §€~?~ J PROPOSED SITE PLAN NEW CINGULAR WIRELESS ~~~~ ~~Ar~~ II AT8~T '~ tem 11 .~~ 'age 6 ,, , . __. .- z . A g. ' kT ; ~< i. yQ 4. s cr ~" ~., . 3> z I ~~ i 1 ~ n ~ I ~ M ~ V ~ lal° : i~ : ~ I~ i~ 9 , ~ w y T ~ ~ I ~ I $ R ~ 8 ~ ~ e p~ S a z w r z ~ a ~ i i ~~++ Y LRLR ~Ib b ~ b b A € ~~ i ' ' ~~ 's z ~~ ~ $ b s ~ g a s ~a q ~ ~~ ~ ~~ ., I< ~ ~~ ~ :... . l •.C°~ }4 ~$'~ ,~ W i ~t ~~~~ £ i ~. o1_p r~ =~ W r ,~ ~~ ~'~ o ;> ~gS S W LL °u~ 2~ LL 2 ~' a p J ,p~c~{gg F W "~ > PFC ~ Q ~~~\~_ _ a ~g~~ a .~ea~ c~$ ~ ~~~ ~y .~p~ r~i s ~,~iE_ ~~ ~ IY / ~~ :~ _ ~ y ,~ -~~ - ~~ 5~9~ ~~ W +.. ~~ \ -> W a 8 `~ ~ i $~g ~~&~ ~ ~ O CI Z rL, ~gg~r g r h l~e~a __ --- - - a ~a~~~~~ ~`,~ ~ ~ V e PROPOSED TOWER PLAN NEW CINGULAR WIRELESS LLC t/a AT8 T ~ agenda Item 1 1 Page 7 . ~ r `" .. ~ .~ ~ -•p. ~ . ', <<. ~' _, ~~ BUR NF if~,~( ZONING HISTORY # DATE REQUEST ACTION 1 11/10/1999 Rezoning (O-2 to B-1 A) & Use Permit (self- Approved storage) 08/10/2001 Mod. of Proffers & Use Permit (add Approved communication tower) 11/28/2006 Mod. of Use Permit 90' to 100' for tower A roved 2 10/12/1999 Rezonin O-2 to B-1A A roved 3 10/09/2007 CUP (church) Approved 03/10/2009 CUP indoor recreation A roved NEW CINGULAR WIRELESS ~_ - ~ ;~~ ;. y~ . ~1~W. ~_:~~ ^v_4 ., ~. _ ...~, e. fy f AF,. ~.v `uP hF<`~.. ~.~ •1 ~1 I~~t V w O O l~~1 ~_ ~~ A O 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) New Cinguiar Wireless PCS, LLC (Va AT&T) -Please see attached list. p 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) AT&T Mobility 8 AT&T, Inc. 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. K 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) VA. Storage Co. L.L.C. 2. List all businesses that have aparent-subsidiary' or affiliated business entiiyz relationship with the applicant: (Attach list if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official ore loyee of the City of Virginia Beach have an interest in the subject land? Yes ~ No ~/ If yes, what is the name of the official or employee and the nature of their interest? Motlifxation o1 Con0ltions Application Page 10 of 11 Revisetl 713X77 DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS, LLC t/a AT&T Agenda Item 11 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) LeCiaire Ryan, Velodtel, SAI, CLS Group, SiteSafe ' "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.' Sea State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. s `Affiliated business entity relationship' means 'a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a 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 inforrnatbn contained herein is true and accurate. I understand tlrat, upon receipt of notificatbn {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 empbyees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ~~~~~ ~ /~y~~ David C. ruck ,!/~//C/~/ Manages, Real Estate and tunsirvcti00 Applicant's Signature Print Neme ~ J ) 4 a.n ~ n ~ r ~14~~~R f ~RY ~fr~ n PP perm's Signature {if dill than applicant) Print Name Modification of CwWilions Aoplicaiion Page 11 of 11 Revised 7/3r2007 >~~ ~, l~Ly i ~~ ~V~~ 1~1 O O ~~~ Fey ~y DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS, LLC t/a AT&T P~-genda Item 11 Page 10 As ojOctober 4, 2011 Sole Officer of New CinEUlar Wireless PCS, LLC Stanley T. Sigman -Chief Executive Officer & President Officers & Directors of AT&T, Inc. Gilbert Aurelio Ph.D. -Director Reuben Anderson J.D. -Director James Blanchard -Director Jon Madonna -Director Lynn Martin -Director John McCoy -- Director Randal] Stephenson -Chairman, Chief Executive Officer, President & Chairman of the Executive Committee DISCLOSURE STATEMENT NEW CINGULAR WIRELESS PCS, LLC t/a AT&T =genda Item 11 ~=~ Page 11 Item # 11 New Cingular Wireless PCS, L.L.C t/a AT&T Page 2 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AYE 9 BERNAS AYE FELTON HENLEY HODSGON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAY 0 ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved item 11 by consent. Elizabeth Atkinson appeared before the Commission on behalf of the applicant. .~^,~~, ju ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend Section 1301 of the City Zoning Ordinance pertaining to the establishment or expansion of Historic and Cultural Districts. MEETING DATE: July 3, 2012 ^ Background: This amendment is being proposed for the purpose of updating Section 1301 of the Zoning Ordinance, which regulates Historic and Cultural Districts. ^ Considerations: The proposed amendments to the City Zoning Ordinance simplify the process of creating or expanding Historic and Cultural Districts (HCD). Subsection (b) of the amendment was added to include certain requirements that were enacted by the 2012 General Assembly. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this amendment. ^ 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: ~'~~ ~~' • ~- 24 June 13, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE HISTORIC AND CULTURAL DISTRICTS REQUEST: An Ordinance to amend Section 1301 of the City Zoning Ordinance pertaining to the establishment or expansion of Historic and Cultural Districts. SUMMARY OF AMENDMENT The proposed amendments to the City Zoning Ordinance simplify the process of creating or expanding Historic and Cultural Districts (HCD). Subsection (b) of the amendment was added to include certain requirements that were enacted by the 2012 General Assembly. RECOMMENDATION Staff recommends approval of the proposed amendments. ~.: CITY OF VIRGINIA -BEACH -- HCD v4genda Item 24 Page 1 1 AN ORDINANCE TO AMEND SECTION 1301 OF THE CITY 2 ZONING ORDINANCE, PERTAINING TO THE 3 ESTABLISHMENT OR EXPANSION OF HISTORIC AND 4 CULTURAL DISTRICTS 5 6 Section Amended: City Zoning Ordinance Section 1301 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1301 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 13. -HISTORIC AND CULTURAL DISTRICT 18 .... 19 Sec. 1301. Establishment. 20 (a) Action by the planning director. Prior to the establishment or expansion of 21 a Historic and Cultural District, the Tie planning director shall prepare, in writing, a 22 report containing an inventory of all landmarks, buildings and structures being 23 considered for inclusion within the proposed 24 a~at districts--and identifying the criteria to be used to determine which properties 25 shall be included within the district. Such report may also include recommendations for 26 detailed zoning and other regulations to be applied within the district. €ae*i-prepe~ 27 `L8 /'I \ D n nnnl ~ie~ ~~~ic•}inn ~}r~ ~n}~ erne h n rir ~ ~ ~ 29 einnifinn nn° h a i} }~,rnl c}~iln n ~ e rl i}inn nrt~c~° n} ~,c° acs 'nn X713. T7TffQR7T~~ TIT v~iQTQI~a LrR+, ~C , GT ITTTJ~Q'J a7~i~TJ , 30 , 31 32 ° n°n nl n a--gcrre~ur-a, n~l.. ~my ~i~ fi~,n /7\ ~n ifi ~ro, s~v-r~,-~p n ~n~ rl T~s~' ~ ~h~ll h° ~„u.,--per 33 °~:;e"ed: 34 35 ~neir.~hln fnr erne°r~icrv'crcivrr-~Rlitti ~v nhn+nrrr~nhc~~no+L,rh~e~aiu 36 \ 37 r i e~~Tass' ' as#+flg-s~ tr, ,,.+~~~ --i~~r~ses ~~-'~~~ , +n ~ ~ '38 h ,io Mr+ Mrl,ior~o c~ffon+ nn +ho rle~iroi+ rh~rMn+er of +h.~ ~Jin+rin+ ,iii+h mine 39 40 , 41 42 . 43 45 46 , ~ 47 , ; 48 m~+vim„m ~ff~T~ + r hp~h+ of n+r„n+„ro n »rU~nrr ~nr~ ~~o~~nn ro H~irnmon~c 49 ' ~~~~ M 50 51 ; 52 53 . 54 (b) Only the geographical area in which a majority of the properties meet the 55 criteria established in accordance with subsection (a) shall be designated as a Historic 56 and Cultural District; provided, however, that parcels of land contiguous to arterial 57 streets or highways found by the City Council to be significant routes of tourist access to 58 the City or to designated historic landmarks, buildings, structures, or districts therein, or 59 in a continuous locality. may be included in a Historic and Cultural District 60 notwithstanding the provisions of this section. 61 {~ ~ Action by the planning commission. The planning commission shall review 62 the report of the planning director, together with the ordinance establishing or expanding 63 a Historic and Cultural District and any proposed zoning and other regulations to be 64 applied within the district, and 65 66 67 shall recommend to the City Council approval in whole or 68 in part, with or without modifications, or shall recommend rejection thereof. (~ ~ Action by city council. The city council may, by ordinance, establish or expand a Historic and Cultural District if it finds that the district is in fact of historic or cultural significance, and may adopt such zoning or other regulations aertainina to oropertv within the district. consistent with general law. as it may deem appropriate. 2 rr1j~Q~it~'a.~.w y~~ytlgl f ~`i • .~~i4'Z'1 }1 1 ~( .,.L ..... i !~ ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend Section 111 of the City Zoning Ordinance by adding a definition of `cemetery.' MEETING DATE: July 3, 2012 ^ Background: This amendment is necessitated by the passage of HB 316 during the most recent General Assembly session (bill included with staff report). ^ Considerations: The amendment provides a uniform definition of cemetery and also allows certain incidental uses, benches, walls, roads, etc., to be included in the approval of the cemetery. It also allows the approval of mausoleums, chapels, columbaria, offices, and storage areas that are included in the plan of development for a cemetery, without further approvals. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this amendment. ^ 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: ~ ~~ 22 June 13, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE DEFINITION OF CEMETERY REQUEST: An Ordinance to amend Section 111 of the City Zoning Ordinance by adding a definition of `cemetery.' SUMMARY OF AMENDMENT This amendment is necessitated by the passage of HB 316 by General Assembly session (see last page of attached). The amendment provides a uniform definition of cemetery and also allows certain incidental uses, benches, walls, roads, etc., to be included in the approval of the cemetery. It also allows the approval of mausoleums, chapels, columbaria, offices, and storage areas that are included in the plan of development for a cemetery, without further approvals. RECOMMENDATION Staff recommends approval, as the proposed amendment brings the City Zoning Ordinance into consistency with Code of Virginia. CITY OF VIRGINIA BEACH - Definition:~~f a Cemetery Agenda Item 22 Page 1 Item #22 City of Virginia Beach Amendment to Zoning Ordinance Definition of cemetery June 13, 2012 CONSENT An Ordinance to amend Section 111 of the City Zoning Ordinance by adding a definition of `cemetery.' SUMMARI' OF AMENDMENT This amendment is necessitated by the passage of HB 316 by General Assembly session (see last page of attached). The amendment provides a uniform definition of cemetery and also allows certain incidental uses, benches, walls, roads, etc., to be included in the approval of the cemetery. It also allows the approval of mausoleums, chapels, columbaria, offices, and storage areas that are included in the plan of development for a cemetery, without further approvals. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 9-0, the Commission approved item 22 by consent. Bill Macali appeared before the Commission on behalf of the City. Bill Tracking - 2012 session > Legislation CHAPTER 414 An Act to amend the Code of Virginia by adding a section numbered i 5.2-2288.5. relating to cemeteries. [H 316] Approved March 30, 2012 Page 1 of 1 history ~ hilite ~ pdf Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 15.2_-zzss.s as follows: § 15,2-2288.5. Meaning of "cemetery"for purposes of zoning. A. A "cemetery"for purposes of this chapter shall have the meaning set forth in ~ 54.1-2310. B. Nothing in this section shall exempt a licensed funeral home or cemetery from any applicable zoning regulation. C. The following uses shall be included in the approval of a cemetery without further zoning approval being required: all uses necessarily or customarily associated with interment of human remains, benches, ledges, walls, graves, roads, paths, landscaping, and soil storage consistent with federal, state, and local laws on erosion sediment control. D. Mausoleums, columbaria, chapels, administrative offices, and maintenance and storage areas that are shown in a legislative approval for the specifac cemetery obtained at the request of the owner shall not require additional local legislative approval provided such structures and uses are developed in accordance with the original local legislative approval. This subsection shall not supersede any permission required by an ordinance adopted pursuant to ,~ i5.2-2306 relative to historic districts. 2. That nothing in this act shall limit, modify, or alter the terms or obligations of a special permit referenced as SPA 88-P-o5o-03 issued by Fairfax County, Virginia, and approved on or about October 26, 2011. 3. That the provisions of this act shall become effective on January 1, 2013. Legislative Information System http://leg l .state.va.us/cgi-bin/legp504.exe? 121 +fuI+CHAP0414 5/9/2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE BY ADDING A DEFINITION OF "CEMETERY" Section Amended: § 111 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance is hereby amended and reordained to read as follows: 16 Sec. 111. -Definitions. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Cemetery. Any land or structure used or intended to be used for the interment of human remains The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery. COMMENT This amendment is necessitated by HB 316. The amendment provides a uniform definition of cemetery and also allows certain incidental uses, benches, walls, roads, etc, to be included in the approval of the cemetery. It also allows the approval of mausoleums, chapels, columbaria, offices and storage areas that are included in the plan of development for a cemetery, without further approvals. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: 1 .~ Plannin rtment City Attorney's Office CA12272 R-1 May 8, 2012 ~y z~ ~~ 4: -. .: J~ ~iy°~`wv./~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend Section 211(b)(2) of the City Zoning Ordinance pertaining to Temporary Signs (referred by the City Council on May 22, 2012). MEETING DATE: July 3, 2012 ^ Background: At its meeting on May 22, the City Council adopted (by a 6-5 vote) a Resolution referring to the Planning Commission the attached ordinance amendment for its consideration and recommendation. The amendment to the Zoning Ordinance is sponsored by Councilmember Glenn Davis. The intent of the referred amendment is to increase the frequency during the year that temporary signs of a commercial nature can be displayed. ^ Considerations: Section 211(b)(2) of the City Zoning Ordinance currently provides that temporary commercial signs are those "announcing grand openings or other special events or promotions." That section also specifies that such signs `shall be displayed no more than three times per year by any business or establishment, nor for any period of time in excess of seven days.' Accordingly, if a commercial establishment seeks to maximize the allowance for such signs, it would display the temporary signs three times a year for seven days each, for a total of 21 days per year. Regarding the location of such signs on the site, as well as their size and height, Section 211(b)(2) refers to 211(b)(1), which requires the following: • The temporary sign shall be located entirely upon the property and set back no less than seven (7) feet from the property line; • The temporary sign shall be limited to a maximum sign area of thirty-two (32) square feet; • If building-mounted, such signs shall be flat wall signs and shall not project above the roofline; and • If freestanding, the height of any such sign shall be no more than twelve (12) feet above ground level. The amendment doubles the number of time periods per year that temporary commercial signs may be displayed; therefore, a commercial establishment would be able to display such signs six times per year for seven days each, for a total of 42 days per year. City of Virginia Beach -Temporary Signs Page2of2 Staff understands the desire to provide businesses with the maximum possible visibility during this distressed economic period. During such difficult times, however, it is especially important to maintain the quality of the City's commercial areas. Doubling the number of time periods during the year that a commercial establishment can display temporary signs will have an adverse effect on the aesthetics of the city's commercial districts. The City's Comprehensive Plan states the following: Protecting scenic views and vistas, planting trees, landscaping parking lots, integrating amenities and controlling signs not only improve the overall livability of communities, these elements are fundamentally important to their economic health (p. A-4, General Community Appearance Guidelines). Studies show that the higher the quality of life in a community, including its overall level of appearance, the greater the opportunity for that community to attract businesses with ahighly-paid workforce that demands such a quality of life, (The Importance of Quality of Life in the Location Decisions of New Economy Firms, Salvesen and Renski, 2003). The current provisions of Section 211(b)(2) strike a sound compromise between allowing some temporary banners and signs and maintaining higher aesthetic standards. The proposed change would make temporary promotional banners much more prevalent along the roadways of the city and would make enforcement of the regulations applying to this type of sign even more complex than it currently is. There was opposition to the proposed amendment. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommended denial of this request to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manage . 21 June 13, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE TEMPORARY SIGNS REQUEST: An Ordinance to amend Section 211(b)(2) of the City Zoning Ordinance pertaining to Temporary Signs. SUMMARY OF AMENDMENT At its meeting on May 22, the City Council adopted (by a 6-5 vote) a Resolution referring to the Planning Commission the attached ordinance amendment for its consideration and recommendation. The amendment to the Zoning Ordinance is sponsored by Councilmember Glenn Davis. The intent of the referred amendment is to increase the frequency during the year that temporary signs of a commercial nature can be displayed. Section 211(b)(2) of the City Zoning Ordinance currently provides that temporary commercial signs are those "announcing grand openings or other special events or promotions." That section also specifies that such signs 'shall be displayed no more than three times per year by any business or establishment, nor for any period of time in excess of seven days.' Accordingly, if a commercial establishment seeks to maximize the allowance for such signs, it would display the temporary signs three times a year for seven days each, for a total of 21 days per year. Regarding the location of such signs on the site, as well as their size and height, Section 211(b)(2) refers to 211(b)(1), which requires the following: • The temporary sign shall be located entirely upon the property and set back no less than seven (7) feet from the property line; • The temporary sign shall be limited to a maximum sign area of thirty-two (32) square feet; • If building-mounted, such signs shall be flat wall signs and shall not project above the roofline; and • If freestanding, the height of any such sign shall be no more than twelve (12) feet above ground level. The amendment sponsored by Councilmember Davis doubles the number of time periods per year that temporary commercial signs may be displayed; therefore, a commercial establishment would be able to display such signs six times per year for seven days each, for a total of 42 days per year. CITY OF VIRGINIA BEACH Agenda Item 21 Page 1 RECOMMENDATION Staff cannot support this proposed change to Section 211(b)(2). Staff understands the desire to provide businesses with the maximum possible visibility during this distressed economic period. During such difficult times, however, it is especially important to maintain the quality of the City's commercial areas. Doubling the number of time periods during the year that a commercial establishment can display temporary signs will have an adverse effect on the aesthetics of the city's commercial districts. The City's Comprehensive Plan states the following: Protecting scenic views and vistas, planting trees, landscaping parking lots, integrating amenities and controlling signs not only improve the overall livability of communities, these elements are fundamentally important to their economic health (p. A-4, General Community Appearance Guidelines). Studies show that the higher the quality of life in a community, including its overall level of appearance, the greater the opportunity for that community to attract businesses with ahighly-paid workforce that demands such a quality of life, (The Importance of Quality of Life in the Location Decisions of New Economy Firms, Salvesen and Renski, 2003). The current provisions of Section 211(b)(2) strike a sound compromise between allowing some temporary banners and signs and maintaining higher aesthetic standards. The proposed change would make temporary promotional banners much more prevalent in the landscape and would be difficult for staff to track and enforce. CITY OF VIRGINIA BEACH ~4genda Iter~a 21 r ~~: Page 2 1 2 3 4 5 6 7 8 9 10 11 12 REQUESTED BY COUNCILMEMBER GLENN R. DAVIS A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTION 211(b)(2) OF THE CITY ZONING ORDINANCE PERTAINING TO TEMPORARY SIGNS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-entitled ordinance, a copy of which is attached, is hereby referred to the Planning Commission for its consideration and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2012. APPROVED AS TO LEGAL SUFFIC NCY: City Attorney's Office , CA12262 R-1 May 3, 2012 1 REQUESTED BY COUNCILMEMBER GLENN R. DAVIS 2 3 AN ORDINANCE TO AMEND SECTION 211 4 (b){2) OF THE CITY ZONING ORDINANCE 5 PERTAINING TO TEMPORARY SIGNS 6 7 Section Amended: § 211(b)(2) 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 211{b)(2) of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 211. -Signs permitted in all districts. 19 20 The following types of signs are exempted from all of the provisions of this 21 ordinance, except for illumination, construction, and safety regulations and the following 22 standards: 23 24 .... 25 26 (b) Temporary signs. 27 28 .... 29 30 (2) Temporary signs of a commercial nature announcing grand 31 openings or other special events or promotions, subject to the 32 limitations as to size, height and location set forth in subdivision (1) 33 hereof. Such signs shall be displayed no more than ##+-~ee-E~} six 34 ,~ times per year by any business or establishment, nor for any 35 period in excess of seven (7) days. 36 37 COMMENT 38 39 This amendment, requested by Conncilmember Davis, will allow temporary signs of a 40 commercial nature to be displayed six times a year instead of the current three times. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 43 of .2012. APPROVED AS TO CONTENT Planning Dep rtment CA12261 R-1 May 3, 2012 APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ ,,~~; ~ :~ City Attorney's Office Item #21 City of Virginia Beach Amendment to Zoning Ordinance -Temporary signs June 13, 2012 REGULAR An ordinance to amend Section 211(b)(2) of the City Zoning Ordinance pertaining to temporary signs. SUMMARY OF AMENDMENT At its meeting on May 22, the City Council adopted (by a 6-5 vote) a Resolution referring to the Planning Commission the attached ordinance amendment for its consideration and recommendation. The amendment to the Zoning Ordinance is sponsored by Councilmember Glenn Davis. The intent of the referred amendment is to increase the frequency during the year that temporary signs of a commercial nature can be displayed. Section 211(b)(2) of the City Zoning Ordinance currently provides that temporary commercial signs are those "announcing grand openings or other special events or promotions." That section also specifies that such signs `shall be displayed no more than three times per year by any business or establishment, nor for any period of time in excess of seven days.' Accordingly, if a commercial establishment seeks to maximize the allowance for such signs, it would display the temporary signs three times a year for seven days each, for a total of 21 days per year. Regarding the location of such signs on the site, as well as their size and height, Section 211(b)(2) refers to 211(b)(1), which requires the following: • The temporary sign shall be located entirely upon the property and set back no less than seven (7) feet from the property line; • The temporary sign shall be limited to a maximum sign area of thirty-two (32) square feet; • Ifbuilding-mounted, such signs shall be flat wall signs and shall not project above the roofline; and • If freestanding, the height of any such sign shall be no more than twelve (12) feet above ground level. The amendment sponsored by Councilmember Davis doubles the number of time periods per year that temporary commercial signs may be displayed; therefore, a I em #21 City of Virginia Beach Page 2 commercial establishment would be able to display such signs six times per year for seven days each, for a total of 42 days per year. A motion was made by Commissioner Rucinski to deny the application and seconded by Commissioner Hodgson. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON AYE AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT By a vote of 9-0, the Commission denied item 21. Stephen White and Bill Macali appeared before the Commission. Nancy Parker appeared in opposition to the application. .~'~~ rSQG 'S' ~~ ~o`` g,~ r~ zi i4i t= `,~'/ .I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend Section 107 of the City Zoning Ordinance by pertaining to the criteria for proffers in Conditional Zoning. MEETING DATE: July 3, 2012 ^ Background: This amendment is necessitated by the passage of HB 1253 during the most recent General Assembly session (bill included with staff report). ^ Considerations: The amendment does not allow proffers that purport to waive any legal rights that the applicant has against the City or its agents. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this amendment. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: I~--. ~`y 23 June 13, 2012 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE CRITERIA FOR PROFFERS REQUEST: An Ordinance to amend Section 107 of the City Zoning Ordinance by pertaining to the criteria for proffers in Conditional Zoning. SUMMARY OF AMENDMENT This amendment is necessitated by the passage of HB 1253 by General Assembly session (see last page of attached). The amendment does not allow proffers that purport to waive any legal rights that the applicant has against the City or its agents. RECOMMENDATION Staff recommends approval, as the proposed amendment brings the City Zoning Ordinance into consistency with Code of Virginia. CITY OF VIRGINIA BEACH -- Proffers ,Agenda Itert~ 23 ~ ~~ Page 1 Bill Tracking - 2012 session > Legislation Page 1 of 1 history, ~ hilite ~ edf CHAPTER 798 An Act to amend and reenact ~§ 1 S 2-2303..1..: I and 15.2-2303.3 of the Code of Virginia, relating to the acceptance and terms of cash pro, fj-ers. [H 1253] Approved April 18, 2012 Be it enacted by the General Assembly of Virginia: 1. That §§ 15,2-2303.1:1 and 15,2-2303.3 of the Code of Virginia are amended and reenacted as follows: § 15,2-2303,1:1. (Expires July 1, 2015) When certain cash proffers collected or accepted. A. Notwithstanding the provisions of any cash proffer requested, offered, or accepted pursuant to § 15.2=2298, i5~z= 2303, or 15.2-2303. i for residential construction on aper-dwelling unit or per-home basis, cash payment made pursuant to such a cash proffer shall be collected or accepted by any locality only after completion of the final inspection and prior to the time of the issuance of any certificate of occupancy for the subject property. B. Notwithstanding the provisions of any proffer to the contrary, the assertion of a right to delayed payment of cash proffers pursuant to this section shall not constitute cause for any action pursuant to § 15.2-2299. C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action successfully challenging an ordinance, administrative or other action as being in conflict with this section. E D. The provisions of this section shall expire on July 1, 2015. § 15.2-2303.3. Cash proffers requested or accepted by a locality. A. No locality may require payment of a cash proffer prior to payment of any fees for the issuance of a building permit for construction on property that is the subject of a rezoning. However, a landowner petitioning for a zoning change may voluntarily agree to an earlier payment, pursuant to §§ 15.2-2298 and 15.2-2303. If the petitioner voluntarily agrees to an earlier payment, the proffered condition may be enforced as to the petitioner and any successor in interest according to its terms as part of an approved rezoning. B. No locality shall either request or accept a cash proffer whose amount is scheduled to increase annually, from the time of proffer until tender of payment, by a percentage greater than the annual rate of inflation, as calculated by referring to the Consumer Price Index for all urban consumers (CPI-U), 1982-1984=100 (not seasonally adjusted) as reported by the United States Department of Labor, Bureau of Labor Statistics or the Marshall and Swift Building Cost Index. C. No locality shall request or accept any provision of any pro, fj"er entered pursuant to ~ 15.2-2298. 15 2-230.3 or 15.2-2303.1 in which the pro, f,~eror purports to waive future legal rights against the locality or its agents. Any such pro, ffer provision contained in a proffer entered and enacted on or after January 1, 2012, shall be severable from the remainder of the pro,,$er and shall be void ab initio. In the event that a proffer containing such a provision is entered and enacted on or after January 1, 2012, the rezoning to which the proffer containing such provision is attached shall not be nullified, rescinded, or repealed, however described or delineated, by reason of any alleged breach of such a provision by the profferor, notwithstanding any provisions of the proffer to the contrary. 2. That an emergency exists and this act is in force from its passage. Legislative Information System http://legl .state.va.us/cgi-bin/Iegp504.exe? 121+fu1+CHAP0798 5/9/2012 Item #23 City of Virginia Beach An Ordinance to amend Section 107 of the City Zoning Ordinance by pertaining To the criteria for proffers in Conditional Zoning June 13, 2012 CONSENT SUMMARI' OF AMENDMENT This amendment is necessitated by the passage of HB 1253 by General Assembly session. The amendment does not allow proffers that purport to waive any legal rights that the applicant has against the City or its agents. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 23 by consent. Bill Macali appeared before the Commission on behalf of the City. 1 AN ORDINANCE TO AMEND SECTION 107 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CRITERIA FOR 4 PROFFERS IN CONDITIONAL ZONING 5 6 Section Amended: § 107 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 107 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 107. -Amendments. 18 .... 19 (h) Conditional zoning. 20 .... 21 (2) Criteria for proffers. Proffers shall only be accepted as conditions attached to 22 the rezoning if they meet the following criteria: (1) the rezoning itself must give 23 rise for the need for the condition; (2) such conditions shall have a reasonable 24 relation to the rezoning; (3) all such conditions shall be in conformity with the 25 comprehensive plan. Such conditions shall not include, however, conditions 26 that impose the requirement to create a property owners' association which 27 includes an express further condition that members of a property association 28 pay an assessment for the maintenance of public facilities owned in fee by the 29 city, including open space, parks, schools, fire departments, and other public 30 facilities; however, such facilities shall not include sidewalks, special street 31 signs or markers, or special street lighting in public rights-of-way not 32 maintained by the department of transportation, and no condition shall purport 33 to waive future legal rights against the city or its agents; (4) such conditions 34 shall be capable of being readily and effectively enforced by the City of 35 Virginia Beach at the time of development of the property; (5) such conditions 36 shall be deemed necessary and sufficient to offset identified problems caused 37 by the rezoning in a manner not made available by traditional zoning methods. 38 .... COMMENT This amendment is necessitated by the passage of HB 1253 by the General Assembly. It does not allow proffers that purport to waive any legal rights that the applicant has against the City or its agents. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~ ~ ~/~ ! ~~ r Planni a rtment Ci y ttorney's Office CA12274 R-1 May 8, 2012 K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES and WATERWAYS COMMISSION BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room 2012 CITY HOLIDAYS Agenda 07/03/2012 gw Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Tuesday, December 25 Christmas Day CITY OF VIRGINIA BEACh( SUMMARY OF COUNCIL ACTIONS DATE: 06/26/2012 PAGE: 1 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D I.A CITY MANAGER'S BRIEFINGS DEVELOPMENT AUTHORITY Warren Harris, Recommendations re SUPPLEMENTAL Director -Economic FUNDING Development B SPOT BLIGHT - CENTERVILLE/ Andrew Friedman, KEMPSVILLE DISTRICTS Director -Housing and Neighborhood Preservation C INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance IU-IUIVN- CERTIFICATION OF CLOSED CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y ~ E SESSION B S T A I N E D F MINUTES -June 12, 2012 APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y G-1 MAYOR'S PRESENTATIONS GENERAL ASSEMBLY RESOLUTIONS a. Resolution Commending NAS Senator Jeff Oceana McWaters to Captain Robert Geis, Commanding Officer b. Resolution in Memoriam to Delegate Sal laquinto Honorable Glenn McClanan 2 RESOLUTION HONORING Peter K Mueller, Executive Vice President, Stihl Inc H/I-1 PUBLIC HEARINGS LEASE OF CITY-OWNED PROPERTY No Speakers 200 North Oceans Boulevard 2 ARP - 3484 Charity Neck/3489 Muddy Creek Roads 9 Speakers J-1 PUBLIC COMMENT OCEANFRONT RESORT DISTRICT 9 Speakers FORM-BASED CODE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 06/26/2012 PAGE: 2 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE p S 1 E J S U I A T E D N O M S H L W V E Z Y L N O O R S O 1 P E E E E S M I O O S H L R Y S S S N N D K-1 Ordinances to AMEND the City Code: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Section re removaUstorage/sale of unattended vehicles b. Section 5-524 re dangerous dog registration procedures c. APPROPRIATE $1,470 to Police in accordance with Va Code As Amended d. ADD Section re territorial limits of the City's law enforcement jurisdiction e. REPEAL Sections re fees for concealed wea on ermits 2.a Acquisition of ARP Easements of ADOPTED 7.2 y A Y N A Y N Y Y Y Y $1,107,904 to Grandy Winston B B Henley/Henley Farm, L,P. at 3484 S S Charity Neck/3489 Muddy Creek Roads T T A A l I N N E E D D b Lease with Vetshouse, Inc at 200 North ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y . Oceana Boulevard CONSENT c Police Mutual Aid Agreement with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y . Chesapeake/Franklin/Hampton/ CONSENT Newport News/Norfolk/ Poquoson/Portsmouth/Suffolk/V irginia Beach/Williamsburg/James City/ Accomack/Gloucester/Isle of Wight/Northampton/1'ork/S mithfield/ Windsor d. Reimbursement of employee's legal fees DEFERRED 11_p y y Y Y Y Y Y Y Y Y Y and ex enses INDEFINITELY e. Acquisition of ]04 North Witchduck ADOPTED, BY 9.2 y N Y Y Y Y N Y Y Y Y Road for Witchduck Road Phase II CONSENT 3 Ordinance APPOINTING Viewers re ADOPTED, BY 11_p y y y y y y Y Y Y Y Y streets or alle s ro osed to be closed CONSENT CITY OF V/RGINIA BEACH SUMMAR Y OF COUNCIL ACT/ONS DATE: 06/26/2012 PAGE: 3 ll S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D 4 Ordinance to GRANT EMS permits: ADOPTED, BY 11.0 y Y Y Y Y Y Y Y Y Y Y CONSENT a. Eagle Medical Transports b. Eastern Shore Ambulance Service c. American Lifeline Medical Transport d. Lifeline Ambulance Service e. Mid-Atlantic Regional Ambulance £ Children's Hospital of the King's Daughters g. Special Event Providers of Emergency Medicine h. Nightingale Regional Air Ambulance i. Stone Ambulance Service j. LifeEvac Virginia air Methods k. Medical Trans ort 5 Ordinance to CONTINUE funding ADOPTED, BY 11.0 y Y Y Y Y Y Y Y Y Y y' Master Deputy/Sheriff's Career CONSENT Develo ment Pro ram 6 Ordinances re compensation/VRS ADOPTED, BY 11.0 y Y Y Y Y Y Y Y Y Y Y adjustments of City Manager/City CONSENT Attorney/City Clerk/City Real Estate Assessor/Ci Auditor 7 Resolution to RE-ADOPT Design-Build/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Construction Management procedures CONSENT to reflect actions of 2011 General Assembl 8 Ordinances to ACCEPT/ ADOPTED, BY 11 _p y Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER: CONSENT a. Funds from Fifth Annual Business Appreciation Charity Golf Classic/Networking Reception/ AUTHORIZE donations b. APPROPRIATE State ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y revenues/TRANSFER funds/ CONSENT AUTHORIZE Deputy Sheriff ositions c. TRANSFER funds within Economic ADOPTED 8.3 y N N Y Y Y N Y Y Y Y DevelopmenUAUTHORIZE additional ositions L-I FRED NEELEY CUP (residential APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y kennel) at 2732 Alameda Drive. CONDITIONED, BY CONSENT DISTRICT 7 -PRINCESS ANNE 2 BASILEIA EMPOWERING APPROVED/ 11_p y y y Y Y Y Y Y Y Y Y MINISTRIES/GREGORY MEYERS CONDITIONED, BY CONSENT CUP re child care at 1547 Amberley Forest Drive DISTRICT 2 - KEMPS V ILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 06/26/2012 PAGE: 4 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M 1 O O S H L R Y S S S N N D 3 MADELINE F. BAILEY TRUST CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONDITIONED, re automotive repair BY CONSENT garage/transmission shop at 176-180 Mac Street DISTRICT 4 - BAYSIDE 4 INCORPORATED CUP to ST[HL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y , install a wind energy system at 536 CONDITIONED, BY CONSENT Vikin Drive DISTRICT 6 -BEACH 5 JAMES KENNEDY VUDAVID D. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y KENNEDY for a Conditional Use Permit CONDITIONED, BY CONSENT re a home occupation -sale of firearms, gunsmithing, assembly, accurizing, parts and service at 3505 Byrne Brae Drive DISTRICT 2 - KEMPSVILLE 6 REAL INVESTMENT ASSOCIATES, APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y /WILLIAM HENRY SAWYER INC PROFFERED, BY . COZ from AG-1/AG-2 to Conditional CONSENT R-10 re single-family residential development at 2283 Princess Anne Road DISTRICT 7 -PRINCESS ANNE 7 CITY OF VIRGINIA BEACH CO Z APPROVED BY 11.0 Y Y Y Y Y Y Y Y Y Y Y from R-7.5/II-1 to P-1 re Bow Creek CONSENT Recreation Center, 3427 Club House Road DISTRICT 3 -ROSE HALL M APPOINTMENTS RESCHEDULED B y C O N S E N S U S ARTS and HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS HRT BEACHES and WATERWAYS Reappointed: 3 year 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION term 07/01/2012 - 06/30/2015 -Charles W. Guthrie - At Large, Patricia Keeley -Rose Hall, Wesley B. Laine - Beach, Brady S. Viccellio- 10-1 Y N Y Y Y Y Y Y Y Y Y Lynnhaven Appointed: 3 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 07/01 /2012 - 06/30/2015 -Paul Hammaker CITY OF VIRGIN/A BEACH SUMMARY OF COUNCIL ACTIONS DATE: 06/26/2012 PAGE: 5 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U 1 A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D BIKEWAYS and TRAILS ADVISORY Appointed: 3 year 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE term 07/01/2012 - 06/30/2015 Kimberl S. Shuler PARKS and RECREATION Appointed: 11_p y Y Y Y Y Y Y Y Y Y Y COMMISSION Unexpired term ending 08/31/2013 plus 3 years beginning 09/01/2013 - 08/31/2016 Sharon Weeks TOWING ADVISORY BOARD Reappointed: 3 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 06/01 /20 ] 2 - OS/31/2015 Earnest A. Coo er, Jr. TIIE SOUTHEASTERN Appointed: William 11_0 y y y Y Y Y Y Y Y Y Y TIDEWATER OPPORTUNITY E. Curtis, Jr., USN, PROJECT, INC. STOP Ret. VIRGINIA BEACH COMMUNITY Appointed: 11_p y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION Unexpired term thru 12/13/2015 Robert "Bob" Williams N/O/P ADJOURNMENT 8:02 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 06/26/2012 PAGE: 6 D S AGENDA E D H E W ITEM # SUBJECT MOTION VOTE p S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITYHOLIDAYS Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day