JULY 9, 2013 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WlI.LlAM D. Sh.:SSOMS, JR., At-l.arge
VICh' MAYOR LOUIS R. JONES, Bayside - District J
GLh,"NN N. DAVIS, Hose Hall - Distract 3
WII.LLAM R. DeSTL7'H, At-Large
ROBERT M. DYER, CentervilLe - District 1
BARBARA M HENLLY, Prince.rs Anne Dlstrict 7
JOHN D.MOSS, At l,arge
AMGI IA ROtiS-HAA/MOND. Kempsville - DistrFct 2
JONN E. UHRlN, Beach - District 6
ROSEMARY WILSO:N, At-Large
JAML'S L. WOOD, L vnnhaven -Uistrrc! 5
CITY COUNC[L APPOINTEES
Cl%'YMANAGER - lAMES K. SPORR
C/TYATTORNH,'Y-.tilARKll. S%%LF.S
cIrrassESSOx - iraaLo o. eAwacanr
Cl7'YAUDITOR- LYNDONS. RH.'M[AS
CIlYCI,EIUC RU7HHODGLSFRASh'R, MMC
CITY COUNCIL AGENDA
09 July 2013
1. CITY COUNCIL COMMENTS
II. CITY COUNCIL AGENDA REVIEW
III. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL COUNCIL
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CITY HAGL BUILD/NG
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGIMA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E- MAIL: Ctycncl@vbgov.com
5:00 PM
5:30 PM
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Chaplain David Cochran
Virginia Beach Police Department
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
l. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. ORDINANCES
1. Ordinances to AMEND the City Code:
a. §21-407 re towing and storage of vehicles
b. §25.1-4 re precious metals and gems
July 2, 2013
2. Ordinances to APPROPRIATE/ADJUST:
a.
b.
Housing and Neighborhood Preservation:
1. $234,594 New Grant re Veteran's Supportive Housing Vouchers
2. $ 92,363 Block Grant funds
3. $ 3,892 Continuum of Care
4. $ 54,721 HOME Programs
5. $ 60,572 Emergency Shelter
6. $ 58,484 Housing for AIDS program
7. $637,070 Housing Choice Voucher
8. $946,000 Housing Choice Portability
9. $188,576 Housing Choice Portability
10. $293,358 Community Development Loan
11. $ 61,181 Reserve for Contingencies re Sequestration
$ 3,489 the Sheriff s Career Development Program
1. PLANNING
1. Application of RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI for a
Variance to §4.4 (b) of the Subdivision Ordinance re lots having no frontage on a public street at
1636 and 1676 Godfrey Lane
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION:
APPROVAL
2. Application of WBM, LLC for a Street Closure re unimproved right-of-way at the Western
terminus of 12rh street to construct a Duplex
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
3. Application of BARTON HERITAGE, LLG T/A SANDBRIDGE BEACH
BUGGIES/I.,OWER 40, LLC for a Conditional Use Permit re vehicle rentals at 3713
Sandpiper Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
4. Application of DML/LYNNHAVEN MALL, LLC for a Conditional Use Permit re a Tattoo
Parlor at 701 Lynnhaven Parkway
DISTRICT 3 - ROSE HALL
RECOMMENDATION:
APPROVAL
5. Application of OUR SAVIOUR LUTHERAN CHURCH for a Conditional Use Permit re a
columbarium at 4200 Shore Drive
DISTRICT 4 - BAYSIDE
RECOMMENDATION:
J. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*******?*******?*****??****?***
APPROVAL
2013 CITYHOLIDAYS
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CITY COUNCIL COMMENTS - Conference Room - 5:00 PM
II. CITY COUNCIL AGENDA REVIEW
III. INFORMAL SESSION
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL COUNCIL
5:30 PM
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Chaplain David Cochran
Virginia Beach Police Department
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
l. INFORMAL and FORMAL SESSIONS July 2, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. ORDINANCES
1. Ordinances to AMEND the City Code:
a. §21-407 re towing and storage of vehicles
b. §25.1-4 re precious metals and gems
2. Ordinances to APPROPRIATE/ADJUST:
a. Housing and Neighborhood Preservation:
1. $234,594 New Grant re Veteran's Supportive Housing Vouchers
2. $ 92,363 Block Grant funds
3. $ 3,892 Continuum of Care
4. $ 54,721 HOME Programs
5. $ 60,572 Emergency Shelter
6. $ 58,484 Housing for AIDS program
7. $637,070 Housing Choice Voucher
8. $946,000 Housing Choice Portability
9. $188,576 Housing Choice Portability
10. $293,358 Community Development Loan
11. $ 61,181 Reserve for Contingencies re Sequestration
b. $ 3,489 the Sheriff s Career Development Program
` ?eY
CITY OF VIRGINIA BEACH
AGENDA ITEM _
ITEM: An Ordinance to Amend Section 21-407 of the City Code Pertaining to Charges
for Tawing and Storage of Vehicles
MEETING DATE: July 9, 2013
v Background: The Towing Advisory Board ("TAB") was established in July 1993
to advise City Council on matters related to nonconsensual tows from private property.
Today it consists of three members: a citizen to represent the interests of citizens, a
tow truck operator to represent the interest of the local tow industry, and a police officer
to represent the interest of law enforcement. On January 10, 2012, City Council
approved and adopted the TAB recommendation to increase the towing rate to $135.
The TAB now recommends a rate increase to $145 per tow.
¦ Considerations: As a result of a civil lawsuit against several credit card and
bank companies alleging a conspiracy to fix fees charged to retailers while prohibiting
retailers from charging their customers "swipe fees," retailers may now charge
customers the retailers' actual cost (anywhere between 1% and 4% of the purchase
price) to accept a credit card. The proposed increase will allow tow operators to capture
this expense and ta offset fuel and operating cast increases experienced since the last
rate increase. The new maximum fee of $145 per tow would apply regardless of
whether the vehicle owner pays with cash or credit card.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Recommendations: Adopt Ordinance
n Attachments: Ordinance
aequested by Councilmembers Ross-Hammond and Uhrin
REQUESTED BY COUNCILMEMBERS ROSS-HAMMOND AND UHRIN
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AN ORDINANCE TO AMEND SECTION 21-
407 OF THE CITY CODE PERTAINING TO
CHARGES FOR TOWING AND STORAGE OF
VEHICLES
SECTION AMENDED: 21-407
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA;
That Section 21-407 of the Code of the City of Virginia Beach, Virginia, are
hereby amended and reordained to read as follows:
Sec. 21-407. Charges for towing and storage of vehicle; receipt required.
(a) No tow truck service or operator operating within the City shall, at any time, charge
a basic towing fee greater than the fees set forth below:
Gross weight of vehicle Maximum fee
11,000 pounds or less $1-35.-99 145.00
11,001 pounds or more 285.00
The basic fee shall be inclusive of any additional towing services such as the use of a
dolly. This subsection shall apply only when a vehicle is moved or towed without the
prior consent and agreement of the owner or custodian of the vehicle.
(b) No tow truck service or operator shall assess any charges for storage for the initial
twenty-four (24) hours, nor charge more than twenty-five dollars ($25.00) per twenty-
four-hour period thereafter, for any vehicle with a gross weight of eleven thousand
(11,000) pounds or less removed from private property without the consent of the owner
or custodian of the vehicle, whether such tow originates in this City or any other
jurisdiction. For vehicles with a gross weight of more than eleven thousand (11,000)
pounds, a storage fee not to exceed twenty-five dollars ($25.00) per twenty-four-hour
period may be assessed after the first twenty-four (24) hours. Delays caused by storage
yard personnel shall not be included when computing storage charges.
(c) If any vehicle is not redeemed within seventy-two (72) hours after it is towed, the
tow truck service shall be entitled to recover an additional fee, not to exceed seventy-
five dollars ($75.00), as payment for the cost of any search conducted to determine the
registered owner and lien holder, if any, of the vehicle.
39 (d) No tow truck service or operator shall charge any fee for mileage, or any other fee
40 in addition to the basic towing fee set forth in subsection (a) above. In order to ensure
41 that no tow truck service or operator collects more than the fees authorized by this
42 section, tow truck services and operators shali provide change for cash payments made
43 by any person whose vehicie has been towed or released after hook up.
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45 (e) A monetary receipt for each and every fee collected must be given to those persons
46 whose vehicles have been towed by a tow truck service, or released after hook up,
47 upon release of the vehicle. The information on the receipt must be clearly legible and
48 include the time, date and place of the tow, the name of the tow truck operator who
49 made the tow, and the name of the tow truck service for which said operator works. The
50 receipt must also list the amount of money paid for the release of the vehicle, any
51 additional charges incurred in the tow, and the reason for said additional charges. The
52 following shall be printed conspicuousiy on every receipt: "NOTICE: Virginia Beach City
53 Code § 21-407(f) requires the tow company to offer you a Survey and Comment Form
54 with this receipt." A copy of the receipt must be retained by the tow truck service for a
55 period of one (1) year and shall be made available for inspection by city police or the
56 Commissioner of the Revenue during normal business hours of the tow truck service
57 owner.
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59 (f) A survey and comment form, developed by the Towing Advisory Board, shall be
60 offered to those persons whose vehicles have been towed by a tow truck service, or
61 released after hookup, upon release of the vehicle.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2013.
APPROVED AS TO LEGAL SUFFICIENCY:
City tto ey's ? e
CA12685
R-1
June 28, 2013
CIF?A aryC
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CITY OF VIRGINIA BEACH
AGENDA ITEM ?.
ITEM: An Ordinance to Amend Section 25.1-4 of the City Code Pertaining to Precious
Metal and Gems
MEETING DATE: July 9, 2013
¦ Background: The precious metal dealer daily reporting requirements do not
mirror those provisions pertaining to pawn brokers and secondhand dealers.
Specifically, the precious metal dealer provisions do not currently address reporting
transactions made on weekends and holidays, provide a daily reporting time deadline,
or provide for an authorized service fee to cover the cost of electronic reporting.
¦ Considerations: This amendment requires precious metal dealers to follow the
same daily reporting requirements as pawn brokers and second hand dealers. The
attached ordinance requires that the reports be transmitted in accordance with the
standards set forth in City Code § 25-6. Those standards include specific direction on
the format and timing of reports as well as the nominal fee that can be charged to
sellers to recoup the dealer's reporting costs.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Recommendations: Adopt Ordinance
¦ Attachments: Ordinance
Recommended Action: Approval
Submitting DepartmentlAgency: Police Departmen`?r City Manager: k • ? °A,?-
1 AN ORDINANCE TO AMEND SECTION 25.1-
2 4 OF THE CITY CODE PERTAINING TO
3 PRECIOUS METAL AND GEMS
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5 SECTION AMENDED: 25.1-4
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7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
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10 That Section 25.1-4 of the Code of the City of Virginia Beach, Virginia, are
11 hereby amended and reordained to read as follows:
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13 Sec. 25.1-4. Records to be kept; daily electronic report to police.
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15 (a) Every dealer shall keep at his place of business an accurate and legible record of
16 each purchase of precious metals or gems. The record of each purchase shall be
17 retained by the dealer for at least twenty-four (24) months and shall set forth the
18 following:
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20 (1) A complete description of all precious metals or gems purchased from
21 each seller. The description shall include all names, initials, serial numbers or
22 other identifying marks or monograms on each item purchased, the true weight
23 and purity, if known, of any precious metal, the true weight or carat of any gem,
24 the color of any gem or precious metal, and the price paid for each item;
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26 (2) The date, time and place of receiving the items purchased;
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28 (3) The full name, residence address, work place, home and work telephone
29 numbers, date of birth, sex, race, height, weight, hair and eye color, and other
30 identifying marks of the seller;
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32 (4) Verification of the identification of the seller by the exhibition of a
33 government-issued identification card with a photograph of the seller, such as a
34 driver's license or military identification card. The record shall contain the type of
35 identification exhibited, the issuing agency, and the identification card number
36 thereon; and
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38 (5) A statement of ownership from the seller.
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40 (b) The information required by subdivisions (1) through (5) of subsection (a) of this
41 section shall appear on each bill of sale for all precious metals and gems
42 purchased by a dealer.
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44 (c) The information required by subdivisions (1) through (4) of subsection (a) of this
45 section shall be transmitted in an electronic format, as specified in ? 25-6 and
46 approved by the Pawn Uniti to the Chief of Police by way of the department's
47 Pawn Unit. Faxing the information is not permitted.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of )2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Police Depar menf City At rney's ffic
CA12678
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June 25, 2013
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: An Ordinance to Amend the FY 2013-14 Operating Budget of the Department of
Housing and Neighborhood Preservation
MEETING DATE: July 9, 2013
Background: The Department of Housing and Neighborhood Preservation's reliance
on federal funding to accomplish many of the programs that the department operates,
coupled with the uncertainty of the federal budget as well as the timing of the federal
fiscal year often result in the need for adjustments to align the Department's budget with
the amounts allocated by the federal government. In order to leverage all available
funding to make the most efficient allocation of the federal funding for FY 2013-14, the
Department of Housing and Neighborhood Preservation is requesting that the following
changes be made to their FY 2013-14 Operating budget.
1. Appropriation of a new grant award
On June 14, 2013 the Department received a grant award of $234,594 from the
Veteran's Administration Supportive Housing Vouchers program. These funds need to
be appropriated to the Department's FY 2013-14 budget. This appropriation will provide
housing vouchers to 30 additional homeless Veterans who are receiving services from
the Hampton, VA medical center.
2. Adjustments based on FY 2012-13 actuals
The following adjustments need to be made based on actual receipts for FY 2012-13:
Pro ram Amount of Change
Community Development Block Grant funds $22,917
HOME Program funds $25,495)
3. Adjustments based on FY 2013-14 Federal allocations
Due to the timing of the Federal budget process, actual amounts allocated to the City for
Federal housing programs were not known until after the City's budget was adopted.
Therefore, adjustments to the amounts appropriated in the budget are necessary. The
table below summarizes the adjustments necessary to bring the Department's FY 2013-
14 budget in line with FY 2013-14 federal allocations:
Program Amount of Change
Community Development Block Grant funds $69,446
Continuum of Care funds $3,892
HOME funds ($29,226)
Emergency Shelter Grant funds ($60,572
Housing Opportunities for Persons with AIDS funds ($58,484)
Housing Choice Voucher Program funds ($402,494)
Housing Choice Voucher Administrative Fees ($234,576)
Net Change in Federal Funding for FY 2013-14 ($712,014)
4. Increase appropriations in Housing Choice Voucher Program based on
revised estimates for FY 2013-14
Based on the limited federal funding available to absorb program participants who move
to Virginia Beach from other localities, the Department must now bill these localities for
these participants. This funding is recovered from the locality from which the participant
came. The City earns a corresponding administrative fee for providing this service to the
clients.
Program Amount of Change
HCV Portability Revenue $900,000
HCV Portability Admin fees $46,000
Total Increase in HCV Portability funds $946,000
5. Appropriate Fund Balance from the Federal Section 8 Program Special
Revenue Fund (Fund 147)
In addition to the increase of $46,000 in administrative fees billed to other localities
(shown in item 4), an appropriation of $188,576 in available fund balance from the
Federal Section 8 Program Special Revenue Fund is needed to offset the loss of federal
administrative fees associated with the Housing Choice Voucher program of $234,576
(as shown in item 3 above).
6. Transfer funds within the Community Development Loan and Grant Fund
(Fund 181)
This would transfer $293,358 in available appropriations within the Community
Development Loan and Grant Fund to support the construction of 32 affordable housing
units at Crescent Square apartments. This transfer would bring the total City
commitment to this project to $750,000.
7. Transfer funds from the Sequestration Reserve to the Department's Operating
budget
This would transfer $61,181 in available appropriations from the sequestration reserve
to the Department's operating budget. This would allow the City to avoid cuts to support
direct operations of five homeless-serving non-profit organizations.
It is important to note that Federal sequestration caused reductions in several of the
department's main funding sources. However, the department is requesting City funds
from the sequestration reserve to address only one of those reductions.
¦ Considerations: These actions are necessary to bring the Department's budget
into alignment with the FY 2013-14 federal allocations and to leverage other available
funding in order to minimize the impacts of funding reductions on the Department's
programs and services.
¦ Public Information: The key constituency interested in these changes is the
non-profit community which receives many of these funds. The department plans to
notify them of the proposed changes directly prior to July 9th. Other public information
will be coordinated through the normal agenda process.
¦ Alternatives: The only action for which there is a known alternative is the
transfer of funds to Crescent Square apartments. However, in order to insure timely
commitment of funds, approval of the attached ordinance is recommended because
there are no other approved and funded projects to which capital funding can be
committed at this time.
¦ Recommendations: Approval of the attached ordinance
Recommended Action: Approval
Submitting DepartmentlAgency: Housing and Neighborhood Preservation
City Manager: ? ? ?14-1?
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AN ORDINANCE TO AMEND THE FY 2013-14
OPERATING BUDGET OF THE DEPARTMENT
OF HOUSING AND NEIGHBORHOOD
PRESERVATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That The Department of Housing and Neighborhood Preservation's FY 2013-14
Operating Budget is hereby modified for the amounts and purposes set forth below:
1. $234,594 in federal grant funds is hereby appropriated, with federal revenue
increased accordingly, to provide rental subsidies for homeless Veterans who are
receiving services from the Hampton, VA medical center;
2. $92,363 in Community Development Block Grant funds is hereby appropriated, with
federal revenue increased accordingly;
3. $3,892 in Continuum of Care funds is hereby appropriated, with federal revenue
increased accordingly; and
4. $54,721 in funding previously appropriated for the HOME program is hereby
reduced, with federal revenue decreased accordingly;
5. $60,572 in funding previously appropriated for the Emergency Shelter Grant
program is hereby reduced, with federal revenue decreased accordingly;
6. $58,484 in funding previously appropriated for the Housing Opportunities for
Persons with AIDS program is hereby reduced, with federal revenue decreased
accordingly;
7. $637,070 in funding previously appropriated for the Housing Choice Voucher
Program is hereby reduced, with federal revenue decreased accordingly;
8. $946,000 in Housing Choice Voucher Portability program revenue is hereby
appropriated, with local revenue increased accordingly, to provide rental subsidies
through the Housing Choice Voucher Portability program;
9. $188,576 in specific fund reserves is hereby appropriated, with revenue increased
accordingly, to provide rental subsidies through the Housing Choice Voucher
Portability program;
10. $293,358 is hereby transferred within the Community Development Loan and Grant
Fund (Fund 181) to provide additional local support for the construction of 32
affordable housing units at Crescent Square apartments; and
47 11. $61,181 is transferred from the Reserve for Contingencies - Sequestration to the
48 Operating Budget of the DHNP to offset reduced federal funding that supports the
49 operation of five homeless-serving non-profit organizations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
?
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
i
C' o y' Office
CA12682
R-2
July 1, 2013
? iG?vA 6F,jt?
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance for the Sheriff's Office to Use City Funds to Partialiy Fund the
Sheriff's Career Development Program
MEETING DATE: July 9, 2013
¦ Background: The Sheriff's Office currently participates in the Sheriff's Career
Development Program. The Sheriff's Career Development Program rewards enrolled
Sheriffs by increasing their State funded salary by 9.3%.
The 2010 General Assembly approved language restricting participation and
reimbursement for the Sheriff's Career Development Program to employees in the
program before January 1, 2010. The Sheriff was not in the respective program prior to
January 1, 2010 and was not eligible for State reimbursement. In FY 2014, the General
Assembly removed this restriction and provided additional appropriations to
compensate eligible participants. The State Compensation Board is providing only
$8,278 of the needed $11,767 to provide the Sheriff with the full 9.3% salary
adjustment.
m Considerations: Since this program was frozen in FY 2010, the City Council
has authorized the Sheriff's Office to use local funding to supplant the loss of state
funds and maintain active enrollment into this program. The Sheriff requests that City
Council authorize the use of local funds to supplant the $3,489 not being provided by
the State as a part of the 9.3% salary adjustment associated with enrollment into the
Sheriff's Career Development Program. These funds will be provided through existing
appropriations within the Sheriff's Office FY 2013-14 Operating Budget.
¦ Public Information: Public information will be handled through the normal
Council Agenda notification process.
o Attachment:Ordinance
Submitting Department/Agency: Sheriff's Office
City Manager:
1 AN ORDINANCE FOR THE SHERIFF'S OFFICE TO
2 USE CITY FUNDS TO PARTIALLY FUND THE
3 SHERIFF'S CAREER DEVELOPMENT PROGRAM
4
5 WHEREAS, the Sheriff has requested the use of city funds from the Sheriff's
6 FY 2013-14 Operating Budget to supplement reduced state funding related to
7 participation in the Sheriff's Career Development Program; and
8
g WHEREAS, the City Council has a City Policy in place to prevent, to the extent
10 possible, the shifting of financial responsibility for State, Federal, or privately funded
11 programs to the citizens of Virginia Beach by not supplanting those funds with local
12 funds, but the policy allows the City Council to do so.
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 1. That the Sheriff's Office is authorized to use City funds, within the FY 2013-14
18 Sheriff's Operating budget, to supplant lost State FUNDS for a Sheriff salary
19 adjustment of $3,489.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?
Management Services City Attorney's Office
CA12683
R -2
June 27, 2013
PLANNING
Application of RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI for a
Variance to §4.4 (b) of the Subdivision Ordinance re lots having no frontage on a public street at
1636 and 1676 Godfrey Lane
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION:
APPROVAL
2. Application of WBM, LLC for a Street Closure re unimproved right-of-way at the Western
terminus of 12th street to construct a Duplex
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
3. Application of BARTON HERITAGE, LLC. T/A SANDBRIDGE BEACH
BUGGIES/LOWER 40, LLC for a Conditional Use Permit re vehicle rentals at 3713
Sandpiper Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
4. Application of DML/LYNNHAVEN MALL, LLC for a Conditional Use Permit re a Tattoo
Parlor at 701 Lynnhaven Parkway
DISTRICT 3 - ROSE HALL
RECOMMENDATION: APPROVAL
5. Application of OUR SAVIOUR LUTHERAN CHURCH for a Conditional Use Permit re a
columbarium at 4200 Shore Drive
DISTRICT 4 - BAYSIDE
RECOMMENDATION: APPROVAL
Y EJ?hiA 8F{rh7
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NOTICE OF PUBLIC HEARING
The regular meeting of the Ciry Council of the Ciry of Virginia Beach will be held in
the Council Chamber of the City Hall Builtling, Municipal Center, 2401 Courthouse
Drive, Virginia Beach, Virginia, on Tuesday, )ury 9, 2013 at 6:00 P.M., at which time
a Public Hearingto consider the following applications will be held:
BEACH DISTRICT
WBM, LLC (Applicant) Application: tr . t IoS r, unnamed, unimproved right-0f-
way adjacent to the northern side of 1211 street, at its western terminus (Adjacent
GPWs 2417840482; 2417841588). Purpose of closure is to add area to adjacent
lot to construct dwelling.
PRINCESS ANNE DISTRICT
Barton Heritage LLC. T/A Sandbridge 8each Buggies (Applicant)/LOwer 40, LLC
(Owner) Application: Conditional Use Permit for motor vehicle rentals at 3713
Sandpiper Road (GPIN 2432732311).
LYNNHAVEN DISTRICT
Radhakrishna Renukunta & Kavitha Vurimindi (Applicant & Owner) Application:
Deferred on October 10, 2012 and May 8, 2013. Variance to the Subdivision
Ordinance, Section 4.4(b), which requires lots to meet the requirements of the
Zoning Ordinance (lots have no frontage on a public street) at 1636 and 1676
Godfrey Lane [private streei] (GPINs 2409231083: 2409230291).
ROSE HALL DISTRICT.
DML (Applicant)/Lynnhaven MALL, LLC (Ownery Application: ('onditional Use Permit
for Tattoo Parlor at 701 Lynnhaven Pkwy, Space HOS (GPIN 1496461559).
BAYSIDE DISTRICT
Our Saviour Lutheran Church (Applicant & Owner) Application: Conditional Use
P ii for a columbarium at 4200 Shore Drive (GPIN 1479981231).
All interested citizens are invited to attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposetl ordinances, resolutions and amendments are on file and
may 6e examined in the Department of Planning or online at
,?? • ,•, ? _,.__ ;,i:u. For information call 385-4621.
If you are physlcaly dfsabled or visualty Impaired and need assistance at this
meeting, please call the CITY CLERK'S OFFICE at385-4303.
Beacon June 23 & 30, 2013 23633595
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AGENDA ITEM
ITEM: RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI (Applicant & Owner)
Deferred on October 10, 2012 and May 8, 2013, Variance to the Subdivision
Ordinance, Section 4.4(d), which requires lots to meet the requirements of the
Zoning Ordinance. 1636 and 1676 Godfrey Lane [private street] (GPINs
2409231083; 2409230291). LYNNHAVEN DISTRICT.
MEETING DATE: July 9, 2013
¦ Background:
This subject site consists of two parcels that were created by deed without a
subdivision plat. The original existing lot was legally created by a subdivision plat
on May 1, 1951 and contained approximately four acres. On June 8, 1972, a
deed was recorded creating two parcels from the original lot, without a
subdivision plat as required. Parcel A totals 1.78 acres and contains an existing
single-family dwelling. Parcel B totals 1.71 acres and is currently undeveloped. A
single-family site plan has been submitted for Parcel B. It was determined during
the site plan review process that that the subject sites had not been properly
subdivided.
It is the intent of the applicants to legally create Parcels A and B; however, the
subject parcels are not located on a public street. The parcels are located on a
40-foot wide private road, Godfrey Lane, which has provided access to up to 13
lots for over 60 years. Section 4.4(d) of the Subdivision Regulations requires that
all newly created lots be located a public street. The applicant, therefore, is
requesting a variance to this requirement.
¦ Considerations:
The subject parcels are located within the Resource Protection Area of the
Chesapeake Bay Preservation Area. On April 22, 2013 the Chesapeake Bay
Preservation Area Board granted a variance to Section 110 of the Chesapeake
Bay Preservation Area Ordinance. The parcels meet the minimum lot
dimensional requirements.
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 10-0, to recommend approval of this request to the
City Council with the following condition:
Radhakrishna Renukunta & Kavitha Vurimindi
Page 2 of 2
The existing parcels shall be subdivided substantially in accordance with the
submitted preliminary subdivision plat "Subdivision of GPIN's 2409-23-1083
(DB 1281, PG 14) & 2409-23-0291 (DB1278, PG 388) (MB 27, PG 22) (MB
52, PG 53) Virginia Beach, Virginia"; dated January 23, 2013 and prepared by
MSA, P.C. Said plat has been exhibited to the Virginia Beach City Council
and is on file in the Virginia Beach 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: t1-• ??
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June 12, 2013 Public Hearing
APPLICANT AND PROPERTY
OWNER:
RADHAKRISHNA
RENUKUNTA &
KAVITHA
VURIMINDI
STAFF PLANNER: Ray Odom
REQUEST:
Subdivision Variance to Section 4.4(d) of the Subdivision Regulations that requires that all newly created
lots must have direct access to a public street.
ADDRESS / DESCRIPTION: 1636 and 1676 Godfrey Lane (private road)
GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ:
2409-23-1083 and 2409- LYNNHAVEN 3.48 acres Less than 65 d6 DNL
23-0291
APPLICATION HISTORY: Deferred by the Planning Commission on October 10, 2012 due to the need
for the request to be heard by the Chesapeake Bay Preservation Area Board and on May 8, 2013 due to
the public notice sign not being posted.
SUMMARY OF REQUEST
This request consists of two parcels that were created by deed without the benefit of a subdivision plat, as
required. The original existing lot was legally created by a subdivision plat on May 1, 1951 and contained
approximately four acres. On June 8, 1972, a deed was recorded creating two parcels, without the
benefit of a subdivision plat as required. Parcel A totals 1.78 acres and contains an existing single-family
dwelling. Parcel B totals 1.71 acres and is currently undeveloped. A single-family site plan has been
submitted for Parcel B. It was determined during the site plan review process that that the subject sites
had not been properly subdivided.
RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI
Agenda Item D1
Page 1
It is the intent of the applicants to legally create Parcels A and B. However, the subject parcels are not
located on a public street. The parcels are Iocated on a 40-foot wide private road. The Subdivision
Regulations require that all newly created lots be located a public street. Therefore, a variance is
required.
The parcels meet the minimum lot dimensional requirements.
The subject parcels are located within the Resource Protection Area of the Chesapeake Bay Preservation
Area. On April 22, 2013 the Chesapeake Bay Preservation Area Board granted a variance to Section 110
of the Chesapeake Bay Preservation Area Ordinance, to allow the subdivision, subject to the following
conditions:
If and when the shoreline is hardened a rip-rap revetment or living shoreline shall be constructed
in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment
shall lie at or landward of inean high water or tidal vegetated wetlands, unless the
Wetlands Board determines that site specific conditions warrant a more seaward alignment.
Within the 100' Resource Protection Area (RPA) Buffer, all areas of existing landscaped beds,
trees, areas of existing leaf litter or forest floor, and other naturalized areas may not be removed.
Mature trees exist adjacent to tidal waters. The select removal of lower tree limbs shall be
performed prior to occupancy.
2.
3.
ltom P_ameLA Parcel B
Fronta e on a ublic street Yes No" No"
'Variance required
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Parcel A is developed with a single-family dwelling and Parcel B is currently
undeveloped.
SURROUNDING LAND North: . Single-family / R-30 Residential District
USE AND ZONING: South: . Vacant parcel / R-30 Residential District
East: . Mill Dam Creek / single-family / R-20 Residential District
West: . Godfrey Lane (private) / single-family / R-30 Residential District
NATURAL RESOURCE AND The subject parcels are located within the Resource Protection Area of
CULTURAL FEATURES: the Chesapeake Bay Preservation Area.
COMPREHENSIVE PLAN: 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. 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 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 through having development, such as infill development, being
compatible 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. This request to establisl? a de?elopec
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RADHAKRISHNA RENUKUNTA & KAVIT
single family lot and for the infill development of a single family is consistent with the Comprehensive Plan's
land use policies for the Suburban Area.
IMPACT ON CITY SERVICES
WATER/SEWER: City water and sewer does not front the subject parcels. Health Department approval is
required for wells and septic systems. There is an eight inch City water line that terminates at the end of
Godfrey Lane (public). Analysis of Pump Station #210 and the sanitary sewer collection system is required to
ensure that any future flows can be accommodated. There is an eight inch City sanitary sewer line that
terminates at the end of Godfrey Lane (public).
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.
EVALUATION AND RECOMMENDATION
This is a simple request to legalize two parcels that were created by deed in 1972. The subject parcels
are located on a private road. The Subdivision Regulations require that all newly created lots be located
on a public street; thus a variance is required. The existing private road serves thirteen lots and has
served these lots for over 60 years. The Chesapeake Bay Preservation Area Board granted a variance
with conditions to allow the lots within the Resource Protection Area.
Staff recommends approval of this request with the conditions below.
RADHAKRISHNA RENUKUNTA & KAVIT??k VURI ?Qll
Agenda Ite D1
Pa0e 3
CONDITIONS
1. The existing parcels shall be subdivided substantially in accordance with the submitted preliminary
subdivision plat "Subdivision of GPIN's 2409-23-1083 (DB 1281, PG 14) & 2409-23-0291 (D61278,
PG 388) (MB 27, PG 22) (MB 52, PG 53) Virginia Beach, Virginia"; dated January 23, 2013 and
prepared by MSA, P.C. Said plat has been exhibited to the Virginia Beach City Council and is on file
in the Virginia Beach Planning Department.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
P/ans 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 Environmenta/ Design
(CPTED) concepts and strategies as they pertain to this site.
,?,w.. , RADHAKRISHNA RENUKUNTA & KAVITO?? VI?RI : ?I . .. '
A?enda Ite , D1
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RADHAKRISHNA RENUKUNTA & KAVITHA VURI
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Page 6
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ZONING N15TUKY
# DATE REQUEST ACTION
1 06/24/2008 Subdivision Variance access A roved
RADHAKRISHNA RENUKUNTA & KA
4 VURIMINDI ?y
enda Item D1 ?
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11 DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the appiicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of alt offcers, members, trustees,
partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
? Chedc here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complefe this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, oomplete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach Jist if necessary)
2. List ali businesses that have a parent-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 foofiotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes Cii" No ?
If yes, what is the name of the official or employee and the nature of their interest?
Mo. KA1,07-4A PUR1M11111)1, ('W/l,'EK .
Subdivision Variance Applicatlon
Paye 9 of 10
Revtsed 3/11108
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Agenda Item D1
Page 8
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DiSCLOSURE STATEMENT 11
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested properry use, including but not limited to the providers of architectural
services, real estate senrices, finanaal 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 buslness 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 endty 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 affiifated
business entity reladonship include that the same person or substantially the same person
own or manage the two entities; there are common or oommingled funds or assets; the
business entities share the use of the same offices or employees or othervvise ehare activities,
resources or personnel on a regular basis; or there is othervvise a close working relatlonship
beMreen the entities ' See State and Local Govemment Conflict of IMerests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the informetion contained herein is uue and accurate.
I understand that, upon receipt of noUfication (postcard) that the application has been scheduied for
public hearing, I am responsible for obfainfng and posdng the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to tlie instructions in this package. The
undersigned also consents io entry upon the subject property by employees of the Depertment of
Planning to photograph and view the site for purposes of processing and evaluating this applicaGon.
r 4 A,"? I? V-?L IcSL. (? fit?1)?(/1?:nISH/J/? ?t r?(?K?'?
ApplicanYs Sign4jrL-1/ Print Name
K4v,rt1r U0,<1M11VJ9I
Property Owner's Signature (if different than applicant) Print Name
subdivision vartance Applleation
Page 10 of 10
Revised 7H 7/2006
DISCLOSURE STATEMENT
RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI
Agenda Item D1
Page 9
Item D1
Radhakrishna Renukunta & Kavitha Vurimindi
Variance to the Subdivision Ordinance
1636 and 1676 Godfrey Lane
District 5
Lynnhaven
June 12, 2013
CONSENT
REQUEST:
An application of Radhakrishna Renukunta & Kavitha Vurimindi for a Subdivision
Variance to Section 4.4(d) of the Subdivision Regulations that requires that all newly
created lots must have direct access to a public street on property located at 1636 and
1676 Godfrey Lane (private road), District 5, Lynnhaven. GPIN: 2409-23-1083 and
2409-23-0291.
CONDITIONS
The existing parcels shall be subdivided substantially in accordance with the submitted
preliminary subdivision plat "Subdivision of GPIN's 2409-23-1083 (DB 1281, PG 14) &
2409-23-0291 (DB1278, PG 388) (MB 27, PG 22) (MB 52, PG 53) Virginia Beach,
Virginia"; dated January 23, 2013 and prepared by MSA, P.C. Said plat has been
exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning
Department.
2. A utility plan to include water and sewer services, hydraulic analysis, pump station
calculations, force main calculations and fire demand requirements prepared in
accordance with the Department of Public Utilities and Health Department standards for
Parcel B must be approved prior to plat recordation.
NOTE: Further conditions may be required during the administration of applicable
Cify Ordinances. Plans submitted with this rezoning application may require revision
during detailed site plan review fo meet all applicable City Codes and Sfandards.
The applicant is encouraged to contact and work with the Crime Prevention Offl'ce
wifhin the Police Department for crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and strategies as they pertain to
this site.
AYE 10 NAY 0 ABS 0 ABSENT 1
BERNAS AYE
FELTON ABSENT
HENLEY AYE
HODGSON AYE
HORSLEY AYE
Item D1
Radhakrishna Renukunta & Kavitha Vurimindi
Page 2
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 10-0, the Commission approved item D1 by consent.
Anne Crenshaw appeared before the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: Ordinance Approving Application of WBM, L.L.C. for the Closure of a 4,827
Sq. Ft. Portion of an Unimproved Right-of-Way at the Western Terminus of
12th Street
MEETING DATE: July 9, 2013
¦ Background:
WBM, L.L.C., a Virginia limited liability company (the "Applicant") requests
closure of an unimproved and unnamed public right-of-way located at the
western terminus of 12th Street. The right-of-way was created as part of a 1925
subdivision plat (Map Book 7, Page 100) that established the streets and lots in
the Lakewood section of Virginia Beach, located between 12th Street and 16tn
Street. The area was platted consistent with the grid pattern used at that time,
which resulted in a platted street that never became an improved right-of-way.
¦ Considerations:
The Applicant has developed many of the lots in this area and is requesting
closure of the subject right-of-way for the purpose of combining the closed area
with the adjacent lot to the east and constructing a duplex. The property owners
of the parcel to the west of the right-of-way have submitted letters relinquishing
any claim to the western portion of the unimproved right-of-way.
The Viewers met on May 21, 2013 and determined that there is no current need
for this portion of right-of-way, and that closure of this right-of-way, with the
conditions below, will not result in a public inconvenience. The Viewers and staff
have no objection to the closure. 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 10-0, 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 purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department.
WBM, L.L.C.
Page 2 of 2
2. The Applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcel to the east. 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
Recommended Action: Staff and Planning Commission recommend approval
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Submitting DepartmentlAgency: Planning Department
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City Manager:
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June 12, 2013 Public Hearing
APPLICANT:
WBM, LLC
STAFF PLANNER: Stephen White
REQUEST & LOCATION:
Discontinuance closure and abandonment of a portion of unnamed, unimproved right-of-way adjacent to
the northern side of 12 street, at its western terminus.
ADJACENT GPINS: ELECTION DISTRICT: AREA: AICUZ:
2417747598;2417841588; BEACH 4,771 square feet 70 to 75 d6 DNL
2417840482
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests closure of an unnamed public right-of-way located at the western terminus of 12tn
Street. The right-of-way was created as part of a 1925 subdivision plat (Map Book 7, Page 100) that
established the streets and lots located between 16th Street and 12th Street, north to south, and the
western boundary of the Town of Virginia Beach and Lake Holly, west to east. Since the layout of the
streets and lots was based on the typical grid pattern used at that time, this section of street was platted
consistent with that overall grid. The result was a'streeY that extended from 12t'' Street to the Town
boundary. It is likely that there was an expectation that the subject street and the grid system of lots and
blocks would expand westward as the Town grew. When the westward expansion failed to occur, this
short section of public right-of-way remained.
The applicant, who has developed many of the lots in this area, is requesting closure of the subject right-
of-way for the purpose of adding the area of this lot with the adjacent lot to the east and constructing a
duplex. The property owners of the parcel to the west of the right-of-way have submitted letters
relinquishing any claim they may have to the western portion of the right-of-way.
WBM, LLC
Agenda Item 2
Page 1
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Unimproved public right-of-way
SURROUNDING LAND North: . Mobile-home community / A-12 Apartment District
USE AND ZONING: South: . 12th Street
• Open space, bicycle-pedestrian trail / B-2 Community
Business District
East: . Undeveloped lots / R-5D Residential Duplex District
West: . Duplex dwelling / R-5D Residential Duplex District
NATURAL RESOURCE AND The majority of the right-of-way is grass field. There is an area of
CULTURAL FEATURES: trees within the northeastern portion. The portion of the right-of-way
adjacent to the mobile home community is impacted by a ditch,
which the applicant will have to address as part of the stormwater
management review during plan review.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The
proposed closure will have no detrimental impact on the overall transportation system or local traffic. There
are no CIP Projects that result in a need for the City to retain this right-of-way.
WATER & SEWER: There are no water or sewer lines within the area proposed for closure.
PRIVATE UTILITES: There are no private utility lines within the area proposed for closure.
COMPREHENSIVE PLAN: The Resort Area Strategic Action Plan (RASAP), adopted in December 2008,
stresses the importance of the redevelopment of the mobile-home / trailer park site to the overall success
of the Oceanfront Resort Area. The current zoning of the trailer park property is A-12 Apartment, which
would allow development of all or a portion of the site for by-right residential use. While there are no
adopted plans showing a specific recommended use for the trailer park parcel, prior discussions with the
current owners as well as recommendations from two separate consultants who worked on RASAP and on
the Form-Based Code, indicate that the highest and best use for that parcel would be commercial and
mixed-uses on the northern portion of the site and by-right residential on the southern portion. Any
development of the mobile-home / trailer park site under a by-right residential scenario or under the
commercial/residential split scenario described above would be encouraged to link to any rights-of-way to
the east that currently terminate at the property line of the mobile-home / trailer park site.
wsnn, LLC
Agenda Item 2
Page 2
Connection of the subject right-of-way to the mobile-home / trailer park site, however, would be more
problematic than a connection with another of the terminating ri?hts-of-way to the north. A connection
using the subject right-of-way would require a turn from or to 12 Street, accompanied by a lengthy trip on
12th Street to a connection to or from a collector street. The other terminating rights-of-way to the north
allow direct connection to the mobile-home / trailer park property without turning movements and with a
shorter trip through the residential area to connect to a collector street. In sum, the subject right-of-way is
the lowest priority of the possible roadway connections to the mobile-home site.
EVALUATION AND RECOMMENDATION
This 4,827-square foot area of public right-of-way is a remnant of the streets, blocks, and lots platted in
this area in 1925. The right-of-way has no name and, to Staff's knowledge, has not provided any public
purpose since its creation. When the right-of-way was platted, there may have been an expectation that
the right-of-way would extend westward and connect with other streets; however, the adjacent property to
the west developed with a grid with a different orientation. Should the property to the west eventually
develop with a use and form different from its current use and form, there are other, and better,
opportunities to the north for connection between this area of the Oceanfront Resort Strategic Growth
Area (SGA) and the property to the west.
The Viewers met, reviewed, and discussed the proposed closure, and concluded there will be no public
inconvenience as a result of the right-of-way being closed and added to the adjacent parcel to the east.
Staff, therefore, 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 purchase price to be paid to the City shall be determined according to the "Policy
Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City
Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed
area into the adjoining parcel to the east. 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
WBM, LLC
Agenda Item 2
Page 3
this approval shall be considered null and void.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances. Plans submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
WBM, LLC
Agenda Item 2
Page 4
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PROPOSED SITE PLAN
WBM, LLC
Agenda Item 2
Page 6
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Agenda Item 2
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Agenda Item 2
Page 8
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ZONING HISTORY
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V11BM, LLC
Agenda Item 2
Page 9
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APPL,ICANT DfSCLt?SURE
If the applicanf is a corporatfan, partnership, fiirm, business, or afher unincorporated
; organizaiion, compfete the following: ,
' i. list !he appiicant name foilawed by the names af ali officers, members, trustees,
pertners, etc. be(ow: (Attach kst if necessary)
1NBtVi, L.L.G. Steven Bishard, Manager; John Bishard, Member; Eddie Chaplain,
' Member
' 2 List ali businesses that have a parent-subsidiary' or affifiated business entity`
re9atianship with the applicant: (Attach tist if necessary)
? Cheek here if the appficant is NdT a corporaEion, partnership, firm, husiness, or
other unincarporated organiza2ion.
PROPERTY OWNER DISCLOSURE
Compfete this section anty if property owner is ditfere+7f frorn applicant.
ff the property owner is a co€poration, partnership, firm, busEness, or ofher
unincorparated organization, complete the foliowing:
9 List the praperty owner name followed by the names of al3 afficers, members,
trustees, partners, eic. below (Aftach lrsi i(necessary)
2. List all businesses that fiave aparent-subsidiary? or affiEiated business entity1
relationship with ihe applicant; (Atfach Hst if necessary)
L Check here if #he psoperiy owner is NOT a corpora#ion, partnership, firm, business, '
or ather unirtcorporated organization.
& See next pege for footnates
S*!e2", CIC5u,cApp:i?-atiWn
PaOe 12 Gf 73
Rev+seC 6tV2C-06
DISCLOSURE STATEMENT
WBM, LLC
Agenda Item 2
Page 10
D15CLC?SURE STATEMENT ?
AD€}ITIONAL DISGIOSURES
List aii known conYractors or businesses that have or wili provide sen+ices with
respect #o ihe requested property use, including bui not Iimited to the providers of
architectural servlces, real estate seruices, fanancial services, accounting services,
and Iegal sen+ices: (Attach iist if necessary)
VJPL
Harry R. Purkey, Jr., Esquire
5ykes, Bourdon, Ahern & Lavy, R.C.
`"Parent-subsidlary retationship" means `a relationship that exists when ane
corporation directfy or indirec#iy owns shares possessing more than 50 percent of
fhe vating power of snother corporat+on.` See State and Loca1 Government Conflict
of Inierests Act, Va. Code § 22-3101.
x"Affiliated business entity relationship" means "a rerationship, other than
parent-subsidiary relatianship, that exists when (i) ane business entity has a
contro(ling owneeship mterest in the other business eniity, {ii} a controlling owner in
one entity is alsa a controlling owner in the other entity, or (iii) there is shared
management or cnntrol between the business entities. Factars thaY shqufd be
eqRSidered in determining the existence of an affi(iated business en#ity reiationship
inciude that the same persan or Substantially the same person own or managa the
fwo entifies; there are common or cammingled funds or assets; fhe business en#ities
share the use of the same affices or employees or otherwise share activities,
resources or personnel on a regvfar basis; oe there is ofherwise a cfose working
relationship between the entitiss." See State and Local Government Corrfiict af
]nterests Act, Va Code § 2.2-3101.
CERT(F1GA710N. I certify Yhat the informataan contained herein is ttue and
aecurate. 1 understanci thai, upon receipt of notificafion {posdcard} that the
application has been scheduied for public hearing, I am responsibie #or obtaining
and posting the required sign on the subject properiy 2t least 30 days prior to the
scneduied pubfic hearing according to the instructions in this package.
WB ?.Lr.L.C. ?
By; ?-?C Sieven Bishard, Manager
Appiicar€Ys Signature Prfr; harne
¢roperty Owner s Sigr:ature (ii aif!eEent than appxant)
Prmt Name
Stree: Ciosure Appi;cat;n,
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DISCLOSURE STATEMENT
WBM, LLC
Agenda Item 2
Page 11
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WBM, LLC
Agenda Item 2
Page 12
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DISCLOSURE STATEMENT
WBM, LLC
Agenda Item 2
Page 13
I:em #2
WBCVl, L.L.C.
Discontinuance, closure and abandonment af an unnamed partion,
Unimpraved right-of-way adjacent to the northern side of 12th Street
at its western terminus
District 4
Bayside
June 12, 2013
CC3NSENT
An app[ication of WBM, L.LC. for a discorttinuance, clasure and abandonment af a
pcrtion of unnamed, unimproved right-of-way adjacent to the northern side of 12tn
S#reet, at its western terminus, District 4, Bayside. GPIN: 2417747598; 2417841588;
2417840482.
GONDtTIONS
1. The City Atfomey's Office will make the final determination regarding ownership af
the underiying fee. The purchase price to be paid to the City shall be determrned
according to the "Po#icy Regarding Purchase af City's Interest in Streets Pursuant to
Street Closures," approved by City Council. Copies of the policy are available in the
Planning Department.
ltem #2
VUBfVi, L.L.C.
Page 2
2. The applicant sha![ resubdivide the proper#y and vacate internai iot lines to
incorporate the closed area inta the adjoining parcel to the east, The pla# must be
submitted and approved for recardation prior to final street cEosure approval.
3 The applicant shalf verify #hat no private utilities exist within the right-of-way proposed
for closure. Preliminary comments from the utility campanies indicate that there are
no private u#ilities within the right-of-way proposed for clQSUre. if private utilifies do
exist, easements satisfiactory to the utility company, must be providecf.
4, Ciosure of #he right-of-way shall be contingent upon compliance with the above
stated conditians within 365 days of appraval by City Council. If the conditians noted
above are not accomplished anci the fina# 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: Furfhsr conditians rrtay be required dureng the administration of applicable
C{f}r Ordinarrces. Pians submifted with this appficatian may reguire revtsion durfng
detaiiecf sife pian reviewr to meet alf applicable City Codes and Stancfards.
f tem #2
WBNf, L.L.C.
Page 3
The applicant is encouraged to contacf and work with the Crime Prevenfion Office
wifhin fhe Folice Department far crErrre prevenfiort techniques and Crime
Prevertfion Through Envirorrmenfal t7esign (CP7"Et)) concepfs and strategies as
they perfain to fhis site.
AYE 10 NAY a
,aas a aBsENT I
BERNAS AYE
FELTaN
ABsENT
HENLEY AYE
HC3dG aON AYE
H4RSLEY AYE
L. CVi4S AYE
REDMQND AeYE
R[PLEY AYE
RUCINSKC AYE
RUsSO AYE
THORNTQN AYE
By a vote of 10-0, the Commission approved item 2 by consent.
Eddie Bourdon appeared before the Commissian on behalfi of the applicant.
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1 ORDINANCE APPROVING APPLICATION OF WBM,
2 L.L.C. FOR THE CLOSURE OF A 4,827 SQ. FT.
3 PORTION OF AN UNIMPROVED RIGHT-OF-WAY
4 AT THE WESTERN TERMINUS OF 12T" STREET
5
6 WHEREAS, WBM, L.L.C., a Virginia limited liability company, (the
7 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the
8 hereinafter described unimproved and unnamed right-of-way discontinued, closed, and
9 vacated; and
10
11 WHEREAS, it is the judgment of the Council that said right-of-way be
12 discontinued, closed, and vacated, subject to certain conditions having been met on or
13 before one (1) yearfrom City Council's adoption of this Ordinance;
14
15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
16 Virginia Beach, Virginia:
17
18 SECTION I
19
20 That the hereinafter described unimproved and unnamed right-of-way be
21 discontinued, closed and vacated, subject to certain conditions being met on or before
22 one (1) year from City Council's adoption of this ordinance:
23
24 ALL THAT certain piece or parcel of land situate, lying and
25 being in the City of Virginia Beach, Virginia, designated and
26 described as "AREA OF PROPOSED STREET CLOSURE
27 (4,827 SQ. FT., 0.111 AC.)", shown as the hatched area on
28 that certain plat entitled "STREET CLOSURE EXHIBIT OF
29 A 4,827 SQ. FT. (0.111 AC.) PORTION OF AN UNNAMED
30 PUBLIC RM/ WEST OF BLOCK 120 AND
31 NORTHWESTERLY OF 12T" STREET, PLAT OF
32 LAKEWOOD (M.B. 7, P. 100) VIRGINIA BEACH, VIRGINIA
33 EXCLUSIVELY FOR WBM, LLC", Scale: 1" = 50', dated
34 September 25, 2012, prepared by wpl, a copy of which is
35 attached hereto as Exhibit A.
36
37 SECTION II
38
39 The following conditions must be met on or before one (1) year from City
40 Council's adoption of this ordinance:
41
42 1. The City Attorney's Office will make the final determination regarding
43 ownership of the underlying fee. The purchase price to be paid to the City
44
45 GPIN: City right-of-way / No GPIN assigned (Adjacent to GPINs 2417-74-7598,
46 2417-84-1588 and 2417-84-0482)
1
47 shall be determined according to the "Policy Regarding Purchase of City's
48 Interest in Streets Pursuant to Street Closures," approved by City Council.
49 Copies of the policy are available in the Planning Department.
50
51 2. The Applicant shall resubdivide the property and vacate internal lot lines to
52 incorporate the closed area into the adjoining parcel to the east. The plat
53 must be submitted and approved for recordation prior to final street closure
54 approval.
55
56 3. The Applicant shall verify that no private utilities exist within the right-of-way
57 proposed for closure. Preliminary comments from the utility companies
58 indicate that there are no private utilities within the right-of-way proposed for
59 closure. If private utilities do exist, easements satisfactory to the utility
60 company, must be provided.
61
62 4. Closure of the right-of-way shall be contingent upon compliance with the
63 above stated conditions within 365 days of approval by City Council. If the
64 conditions noted above are not accomplished and the final plat is not
65 approved within one year of the City Council vote to close the right-of-way this
66 approval shall be considered null and void.
67
68 SECTION III
69
70 1. If the preceding conditions are not fulfilled on or before July 8, 2014, this
71 Ordinance will be deemed null and void without further action by the City Council.
72
73 2. If all conditions are met on or before July 8, 2014, the date of final closure is
74 the date the street closure ordinance is recorded by the City Attorney.
75
76 3. In the event the City of Virginia Beach has any interest in the underlying fee,
77 the City Manager or his designee is authorized to execute whatever documents, if any,
78 that may be requested to convey such interest, provided said documents are approved
79 by the City Attorney's Office.
80 SECTION IV
81
82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
83 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
84 OF VIRGINIA BEACH as "Grantor" and WBM, L.L.C., as "Grantee."
85
86 Adopted by the Council of the City of Virginia Beach, Virginia, on this
87 day of , 2013.
2
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorn
CA 12413
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APPROVED AS TO CONTENT:
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1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED V1R?Na
RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED 1b'?? ??
RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN
GENERAL REFERENCE. 15TM ?
2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. ? 4TM S'
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(INST 20071120001559050) (FORMERLY NEcS RR)
2417-64-9312
STREET CLOSURB EXHEBIT SHEET 1 OF 1
OF A
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PORTION OF AN UNNAMED PUBLIC R/lf
11EST OF BLOCK 120 AND NORTHIIESTERLY
OF 12'TH STREET, PLAT OF LAKEli00D
(1[.B. 7, P. 100)
VIRGINIA BEACH, VIRGINIA
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242 1usrNc WsIEe111MMw M SCALE: i" = 50' 25 SEPTEMBER, 2012
CAD/cWc: TMF/eag CITY OF VIRGINIA BEACH, VA F.B. 1001 P.42-49 PLAT: L-213 JN: 212-0344- I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BARTON HERITAGE, LLC. T/A SANDBRIDGE BEACH BUGGIES
(Applicant)/LOWER 40, LLC (Owner), Conditional Use Permit for Motor Vehicle
Rentals. 3713 Sandpiper Road (GPIN 2432732311). PRINCESS ANNE DISTRICT.
MEETING DATE: July 9, 2013
¦ Background:
The applicant requests a Conditional Use Permit for motor vehicle rental,
specifically consisting of the rental of up 30 low-speed electric vehicles (LSV).
The rentals will occur primarily on a seasonal/weekly basis at Sandbridge Beach.
These vehicles are battery-powered with a top speed of 25 miles per hour and
are legal on roads with a speed limit of 35 miles per hour or less. The LSV is
equipped with seat belts and can only be operated by a licensed driver.
Currently, the applicant brings these vehicles to Sandbridge on trailers from 665
Sandbridge Road, where a Conditional Use Permit was granted by City Council
in 2008 for that use. Relocating to this site would reduce the travel distance to
transport the LSVs to cottages in Sandbridge.
¦ Considerations:
This business would cater to the weekly vacationers at Sandbridge, primarily
during the summer, but also during winter as demand requires. It should be
noted that these vehicles are not permitted off-road and are subject to all laws
that any motor vehicle must follow.
Most rentals are secured in advance over the Internet or via the telephone;
therefore, no office space is proposed at this site. At the end of the rental period,
the LSV is left at the rental cottage, and the applicant's staff will move it to the
next cottage. The LSVs will be parked on the subject site adjacent to the
southern property line when not in use and will be stored within the rear of the
property during the winter months. Four LSVs are proposed to be displayed
along Sandpiper Road. According to the applicant, the 2-story office building has
less than 900 square feet dedicated for office use, thereby necessitating only 2
parking spaces.
No improvements to the site, other than adding additional gravel where the
existing gravel surface treatment has deteriorated and planting some
landscaping (both recommended conditions below), are proposed with this
request. This is important, as the site is heavily impacted by the 100-year
floodplain. As no additional development is proposed with the proposal, a
Barton Heritage, LLC Ua Sandbridge Beach Buggies
Page 2 of 3
variance to the Floodplain Ordinance is not required. A waiver to keep the gravel
surface treatment for the parking area must be submitted to the Building Official's
Office and is conditioned as such below.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0, to recommend approval of this request to the
City Council with the following conditions:
Except as modified by any conditions below, the LSVs shall be parked only in
areas designated as depicted on the plan entitled, "Physical Survey, Part of
Tract E, Sandbridge Beach, MB. 37 P.31, Virginia Beach, Virginia, Made for:
Barton Heritage, LLC," prepared by Bonifant Land Surveys, dated April 27,
2013. Said plan has been exhibited to the Virginia Beach City Council and is
on file in the Planning Department.
2. Landscaping to screen the vehicles from the property to the north shall be
installed along the length of the low speed vehicles (LSV) vehicle holding
area. Said landscaping shall be approved by the DSC landscape architect
prior to installation and shall be depicted on the plan.
3. The motor vehicle rental operation on this site shall be limited to no more than
30 LSVs. Rental of any other motor vehicles shall be prohibited.
4. A planter containing plant material shall be installed along Sandpiper Road as
depicted on the plan referenced in Condition 1 above.
5. Consistent with the requirements of the Zoning Ordinance, no LSV for rent
shall be parked any closer than five feet from the Sandpiper Road property
line.
6. No display or parking of any vehicles shall be permitted within the right-of-
way.
7. Vehicles shall not be displayed on raised platforms anywhere on the site, nor
shall any portion of the ground level of the site be raised for the purpose of
increasing the height of a vehicle for display purposes.
8. There shall be no outside storage of parts or equipment.
9. The minimum number of parking spaces, as required by the Zoning
Ordinance for the existing office building, shall remain available for use by
employees and customers of the office building and free of LSVs. LSVs shall
not be parked or stored in any space labeled on the site layout as "customer
Barton Heritage, LLC Ua Sandbridge Beach Buggies
Page 3 of 3
parking."
10.A waiver for the gravel parking lot shall be submitted to the Building Official's
Office prior to issuance of business license. In the event the waiver is not
granted, the applicant shall comply with all typical requirements associated
with site improvements for this use. Upon receipt of waiver, the area depicted
as gravel on the survey shall be upgraded with new gravel to accommodate
the storage and display of the LSVs.
11. Due to the existence of the 100-year floodplain on the site, the parking or
placement of LSVs outside the existing limits of gravel, depicted on the plan
referenced in Condition 1 above as "Edge of Gravel," shall be prohibited.
12. No repair of the LSVs shall be performed on site other than washing which
can only be done behind the existing building, on the gravel area.
13.A11 renters of the LSV shall sign a"disclosure statement" that includes an
acknowledgement that all applicable laws of the Commonwealth of Virginia
and the City of Virginia Beach for motor vehicles apply to these low speed
vehicles including, but not limited to, parking, seat belt use, licensure, and
permitted use areas (on roads less than 35 mph, no off road). Said disclosure
shall also state that, just as with any other motor vehicle, failure to obey these
laws and regulations will result in enforcement by the Police Department.
14.A copy of the renter's valid, current driver's license shall be kept on file in the
business office of the applicant as a means of validating that the operator(s)
of the LSV does indeed have a driver's license.
15. No off-road use shall be permitted on beaches or dunes or other
environmentally sensitive areas or other areas restricted from motor vehicle
use.
16.A11 signage on the site shall conform to all applicable Zoning Ordinance
requirements.
¦ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting DepartmenUAgency: Planning Department
City Manager: V ? ???
PRINCESS ANNE Barton Heritage, LLC t/a
5
June 12, 2013 Public Hearing
APPLICANT:
BARTON
HERITAGE, LLC
T/A
SANDBRIDGE
BEACH
BUGGIES
PROPERTY OWNER:
LOWER 40, LLC
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Conditional Use Permit (motor vehicle rentals - low speed vehicles)
ADDRESS / DESCRIPTION: 3713 Sandpiper Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24327323110000 PRINCESS ANNE 3.70 acres Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit for motor vehicle rental, consisting specifically of the
rental of up 30 low-speed electric vehicles (LSV). The rentals will occur primarily on a seasonal/weekly
basis at Sandbridge Beach. These vehicles are battery-powered with a top speed of 25 miles per hour
and are legal on roads with a speed limit of 35 miles per hour or less. The LSV is equipped with seat
belts and can only be operated by a licensed driver. No off-road use will be permitted.
This business would cater to the weekly vacationers at Sandbridge, primarily during the summer, but also
during winter as demand requires. The applicant will be marketing the vehicles as an environmentally
sensitive means of traveling to parks, beaches, restaurants, and shops in Sandbridge. It should be noted
that these vehicles are not permitted off-road and are subject to all laws that any motor vehicle must
follow.
BARTON HERITAGE
Agenda Item 5
Page 1
Currently, the applicant brings these vehicles to Sandbridge on trailers from 665 Sandbridge Road, where
a Conditional Use Permit was granted by City Council in 2008 for that use. Relocating to this site would
reduce the travel distance to transport the LSVs to cottages in Sandbridge. Most rentals are secured in
advance over the Internet or via the telephone; therefore, no office space is proposed at this site. At the
end of the rental period, the LSV is left at the rental cottage, and the applicanYs staff will move it to the
next cottage. The LSVs will be parked on the subject site adjacent to the southern property line when not
in use and will be stored within the rear of the property during the winter months. Four LSVs are proposed
to be displayed along Sandpiper Road. According to the applicant, the 2-story office building has less
than 900 square feet dedicated for office use, thereby necessitating only 2 parking spaces.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: office building and indoor storage
SURROUNDING LAND North: • Vacant / B-4 Business District
USE AND ZONING: . Restaurant / B-4 Business District
South: . Vacant / B-4 Business District
East: . Multifamily dwellings / B-4 Business District
West: . Back Bay
NATURAL RESOURCE AND The site is within the Southern Watersheds Management Area
CULTURAL FEATURES: (SWMA) and is heavily impacted by the 100-year floodplain. No
new land disturbance is proposed within the 50-foot SWMA buffer
or within the 100-year floodplain.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this site to be within the "Rural Area." The area is characterized as
low, flat land with wide floodplains and altered drainage. The Comprehensive Plan depicts this area as
agricultural and rural with uses related to farming, forestry, rural residential, and other compatible uses.
Commercial development in the Rural Area should be locally oriented retail, service, and community
uses scaled to be compatible with the character of the rural landscape.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Sandpiper Road is a two-lane minor collector in the vicinity of this site. This section of Sandpiper road
has a variable right-of-way width. It is not included in the Master Transportation Plan. There is currently
no capital improvement project scheduled for this segment of Sandpiper Road.
?
BARTON HER
y3Agenda
i
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e2
TRAFFIC: Street Name Present
Volume present Capacity Generated Traffic
Sandpiper Road 2,500 ADT 6,200 ADT (Level of Existing Land Use -
Service "C") - 9,900 11 ADT
ADT' (Level of Service Proposed Land Use 3
"E" Saturda : 71 ADT
Average Daily Trips
2 as defined by 1,000 square feet of office space
3as defined b 3 emplo ees, 30 vehicles for rental, and 1,000 square feet of office s ace
NOTE: The ITE Trip Generation Manual does not have trip generation data for the rental of Low Speed Vehicles
(LSVs) based on specific studies of such use. The trip generation provided above, therefore, is based on trip
generation for a standard motor vehicle rental business. The actual ADT is likely to be less than the number
provided above. An additional factor contributing to a lower number of trips is that the primary activity that will occur
on the subject site is parking / short-term storage of the LSVs rather than customers coming to the subject site to
arrange rentals.
WATER 8 SEWER: This site is currently connected to both City water and sanitary sewer.
EVALUATION AND RECOMMENDATION
No improvements to the site, other than adding additional gravel where the existing gravel surface
treatment has deteriorated and planting some landscaping (both recommended conditions below), are
proposed with this request. This is important, as the site is heavily impacted by the 100-year floodplain.
As no additional development is proposed with the proposal, a variance to the Floodplain Ordinance is
not required. A waiver to keep the gravel surface treatment for the parking area must be submitted to the
Building Official's Office and is conditioned as such below.
There is an existing office building on the site with less than 1,000 square feet dedicated to office use;
however, no office space for the LSV operation is proposed as the majority of rental transactions are
handled via the Internet or telephone and required paperwork is completed at the rental cottage.
These vehicles are considered motor vehicles, and thus, they should be screened just as if they were
automobiles. Four LSVs are proposed to be displayed along Sandpiper Road behind a concrete planter,
which the applicant has proposed as a means of enhancing the fully impervious parking lot. As the
parking lot is void of any plant material, the request to install the planter to meet screening requirements
is acceptable to staff. Potted plants are acceptable for screening the parking/storage area behind the
building. A condition is recommended that requires plant materials be installed to screen the LSVs from
the restaurant to the north. As the Zoning Ordinance requires any motor vehicle on display for sale or
rental to be at least five feet from the property line, a condition to reinforce this requirement is
recommended below.
As with the previous Conditional Use Permit for LSV rental on Sandbridge Road, staff is recommending a
condition requiring a renter sign a Disclosure Statement acknowledging that all applicable laws of the
Commonwealth of Virginia and the City of Virginia Beach for motor vehicles apply to these low speed
vehicles including, but not limited to, parking, seat belt use, licensure, permitted use areas (on roads less
than 35 m.p.h., no off road), etc. The Police Department has requested that a copy of the renter's valid,
current driver's license be kept on file in the business office of the applicant as a means of validating that
the operator(s) of the LSV does indeed have a driver's license.
?:..:.
BART0,14 HERITAGE
RAgenda It±? 5
Pa?e 3
With the rigorous conditions listed below that address screening and landscaping, signage, notification of
rules of use, and other safety mandates, the LSV rental operation is recommended for approval.
CONDITIONS
1. Except as modified by any conditions below, the LSVs shall be parked only in areas designated
as depicted on the plan entitled, "Physical Survey, Part of Tract E, Sandbridge Beach, MB. 37
P.31, Virginia Beach, Virginia, Made for: Barton Heritage, LLC," prepared by Bonifant Land
Surveys, dated April 27, 2013. Said plan has been exhibited to the Virginia Beach City Council
and is on file in the Planning Department.
2. Landscaping to screen the vehicles from the property to the north shall be installed along the
length of the low speed vehicles (LSV) vehicle holding area. Said landscaping shall be approved
by the DSC landscape architect prior to installation and shall be depicted on the plan.
3. The motor vehicle rental operation on this site shall be limited to no more than 30 LSVs. Rental
of any other motor vehicles shall be prohibited.
4. A planter containing plant material shall be installed along Sandpiper Road as depicted on the
plan referenced in Condition 1 above.
5. Consistent with the requirements of the Zoning Ordinance, no LSV for rent shall be parked any
closer than five feet from the Sandpiper Road property line.
6. No display or parking of any vehicles shall be permitted within the right-of-way.
7. Vehicles shall not be displayed on raised platforms anywhere on the site, nor shall any portion of
the ground level of the site be raised for the purpose of increasing the height of a vehicle for
display purposes.
8. There shall be no outside storage of parts or equipment.
9. The minimum number of parking spaces, as required by the Zoning Ordinance for the existing
office building, shall remain available for use by employees and customers of the office building
and free of LSVs. LSVs shall not be parked or stored in any space labeled on the site layout as
"customer parking."
10. A waiver for the gravel parking lot shall be submitted to the Building Official's Office prior to
issuance of business license. In the event the waiver is not granted, the applicant shall comply
with all typical requirements associated with site improvements for this use. Upon receipt of
waiver, the area depicted as gravel on the survey shall be upgraded with new gravel to
accommodate the storage and display of the LSVs.
11. Due to the existence of the 100-year floodplain on the site, the parking or placement of;LSVs
, .,
4... _,..,.,.+ ' . :
BARTO-N 4RIi:4 GE
5
?Agenda 4te,
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outside the existing limits of gravel, depicted on the plan referenced in Condition 1 above as
"Edge of Gravel," shall be prohibited.
12. No repair of the LSVs shall be performed on site other than washing which can only be done
behind the existing building, on the gravel area.
13. All renters of the LSV shall sign a"disclosure statemenY' that includes an acknowledgement that
all applicable laws of the Commonwealth of Virginia and the City of Virginia Beach for motor
vehicles apply to these low speed vehicles including, but not limited to, parking, seat belt use,
licensure, and permitted use areas (on roads less than 35 mph, no off road). Said disclosure
shall also state that, just as with any other motor vehicle, failure to obey these laws and
regulations will result in enforcement by the Police Department.
14. A copy of the renter's valid, current driver's license shall be kept on file in the business office of
the applicant as a means of validating that the operator(s) of the LSV does indeed have a
driver's license.
15. No off-road use shall be permitted on beaches or dunes or other environmentally sensitive areas
or other areas restricted from motor vehicle use.
16. All signage on the site shall conform to all applicable Zoning Ordinance requirements.
NOTE: Furfher conditions may be required during the administration of applicab/e City
Ordinances and Standards. Any site p/an submitted with this application may require revision
during detailed site p/an review to meet all applicab/e City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Deve/opment Services Center and Department of P/anning / 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
Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site.
?3fV HERIT `GE
? "?4genda I 5
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ZONING HISTORY
# DATE REQUEST ACTION
1 11/13/12 Flood lain Variance Granted
2 05/11/04 MOD Granted
11/28/00 CUP (community boat dock) Granted
07/09/96 CUP (community boat dock) Granted
05/07/66 CUP motel, restaurant, cam , marina, boat facilit Granted
3 04/08/85 CUP recreational boatin facilit Granted
DISCLOSURE STATEMENT
List all businesses that have a pgrent-subsidiaryl c4 affiliated business entityZ
relationship with the applicant: (Attach /ist if necessary)
F_? 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 differenf from applicant.
If the properry 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
2. List all businesses that have a parent-subsidiary' or affiliated busirtess entity2
relationship with the applicant: (Aftach list if necessary)
F]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 eoyee ofCity 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?
CondAional Use Permk Application
Page 9 of 10
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DISCLOSURE STATEMENT
BARTON HERITAGE
Agenda Item 5
Page 9
APPLICANT DISCLOSURE
If the applicant is a corpora6on, 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 fist if necessary)
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, inciuding but not limited to the providers of architectural
seroices, 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 ConBict 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 substantiatly 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 othervvise share activities,
resources or personnel on a regular basis; or there is otherwise a cbse working relationship
between the entities." See State and Lceal Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and aocurate.
I understand that, upon receipt of noGfication (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the requlred sign on the subject property at
least 3 ys prior to the scheduled public hearing according to the instnktions in this padcage. The
unde ign also consents to entry upon the subject property by employees of the DepaRment of
Planrn g t ph o raph and view the site for purposes of processing and evaluating this application.
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Aooli nY Sianat Print Name
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Print Name ?-
Condidonal Use Permft Applicetion
_ Page 10 af 10
DISCLOSURE STATEMENT
BARTON HERITAGE
Agenda Item 5
Page 10
Item #5
Barton Heritage, L.L.C. t/a Sandbridge Beach Buggies
Conditional Use Permit
3713 Sandpiper Road
District 7
Princess Anne
June 12, 2013
CONSENT
An application of Barton Heritage, L.L.C. for a Conditional Use Permit (motor vehicle
rentals - low speed vehicles) on property located at 3713 Sandpiper Road, District 7,
Princess Anne. GPIN: 2432-73-2311.
CONDITIONS
Except as modified by any conditions below, the LSVs shall be parked only in areas
designated as depicted on the plan entitled, "Physical Survey, Part of Tract E,
Sandbridge Beach, MB. 37 P.31, Virginia Beach, Virginia, Made for: Barton
Heritage, LLC," prepared by Bonifant Land Surveys, dated April 27, 2013. Said plan
has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. Landscaping to screen the vehicles from the property to the north shall be installed
along the length of the low speed vehicles (LSV) vehicle holding area. Said
landscaping shall be approved by the DSC landscape architect prior to installation
and shall be depicted on the plan.
3. The motor vehicle rental operation on this site shall be limited to no more than 30
LSVs. Rental of any other motor vehicles shall be prohibited.
4. A planter containing plant material shall be installed along Sandpiper Road as
depicted on the plan referenced in Condition 1 above.
5. Consistent with the requirements of the Zoning Ordinance, no LSV for rent shall be
parked any closer than five feet from the Sandpiper Road property line.
6. No display or parking of any vehicles shall be permitted within the right-of-way.
7. Vehicles shall not be displayed on raised platForms anywhere on the site, nor shall
any portion of the ground level of the site be raised for the purpose of increasing
the height of a vehicle for display purposes.
8. There shall be no outside storage of parts or equipment.
9. The minimum number of parking spaces, as required by the Zoning Ordinance for
Item #5
Barton Heritage, L.L.C. t/a Sandbridge Beach Buggies
Page 2
the existing office building, shall remain available for use by employees and
customers of the office building and free of LSVs. LSVs shall not be parked or
stored in any space labeled on the site layout as "customer parking."
10.A waiver for the gravel parking lot shall be submitted to the Building Official's Office
prior to issuance of business license. In the event the waiver is not granted, the
applicant shall comply with all typical requirements associated with site
improvements for this use. Upon receipt of waiver, the area depicted as gravel on
the survey shall be upgraded with new gravel to accommodate the storage and
display of the LSVs.
11. Due to the existence of the 100-year floodplain on the site, the parking or
placement of LSVs outside the existing limits of gravel, depicted on the plan
referenced in Condition 1 above as "Edge of Gravel," shall be prohibited.
12. No repair of the LSVs shall be perFormed on site other than washing which can only
be done behind the existing building, on the gravel area.
13.A11 renters of the LSV shall sign a"disclosure statement" that includes an
acknowledgement that all applicable laws of the Commonwealth of Virginia and the
City of Virginia Beach for motor vehicles apply to these low speed vehicles
including, but not limited to, parking, seat belt use, licensure, and permitted use
areas (on roads less than 35 mph, no off road). Said disclosure shall also state that,
just as with any other motor vehicle, failure to obey these laws and regulations will
result in enforcement by the Police Department.
14.A copy of the renter's valid, current driver's license shall be kept on file in the
business office of the applicant as a means of validating that the operator(s) of the
LSV does indeed have a driver's license.
15. No off-road use shall be permitted on beaches or dunes or other environmentally
sensitive areas or other areas restricted from motor vehicle use.
16.A11 signage on the site shall conform to all applicable Zoning Ordinance
requirements.
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 Certiricate of Occupancy, are
required before any uses allowed by this Use Permit are valid
Item #5
Barton Heritage, L.L.C. t/a Sandbridge Beach Buggies
Page 3
The applicanf is encouraged to contact and work with the Crime Prevention
Office within the Police Departmenf for crime prevention techniques and Crime
Prevention Through Environmental Design (CPTED) concepts and strategies as
they pertain to this sife.
AYE 10 NAY 0 ABS 0 ABSENT 1
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 10-0, the Commission approved item 5 by consent.
Pat Barton, the applicant, appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: DML (Applicant) / LYNNHAVEN MALL, LLC (Owner), Conditional Use Permit
for Tattoo Parlor. 701 Lynnhaven Pkwy, Space H08 (GPIN 1496461559). ROSE
HALL DISTRICT.
MEETING DATE: July 9, 2013
¦ Background:
The applicant requests a Conditional Use Permit to allow use of the site for a
Tattoo Parlor. The subject site is located on the ground level in Space H08 of the
Lynnhaven Mall at 701 Lynnhaven Parkway. The space is 2,680 square feet and
is situated one space away from a large retail `anchor' space currently occupied
by Barnes and Noble and is across the interior corridor from another large
`anchor' space that is occupied by Dave and Busters. The Zoning Ordinance
requires any tattoo or body piercing establishment be located at least 600 feet
away from any other tattoo or body piercing establishment, or from any
Residential or Apartment district, or school. The proposed location for the Tattoo
Parlor meets this requirement.
Currently, the owners of DML Ventures, L.L.C. own and operate DML Designs,
L.L.C. T/A Trinity Tattoo Company, which operates at 3795 Bonney Road. A Use
Permit for that site was approved on June 22, 2010.
¦ Considerations:
The services provided at the studio will include tattoo, tattoo removal, and body
piercing; as well as the sale of custom jewelry, art by local artists, clothing, and
after-care products. Staff at the studio will typically consist of 15 individuals
including artists, piercers, removal technicians, counter staff, and management.
Trinity Tattoo provides extensive counseling before agreeing to schedule an
appointment to be tattooed, and adheres to their personally developed strict
rescheduling requirements and procedure. With the exception of inedical
reasons, such as reconstructive tattooing for cancer patients, or emergency
allergy information often located on the wrist, Trinity Tattoo does not tattoo
individuals under the age of eighteen years old with or without guardian
authorization.
The hours of operation will follow those established by Lynnhaven Mall, which
are Monday through Saturday, 10:00 a.m. to 9:00 p.m., and Sunday, 12:00 p.m.
to 6:00 p.m., with extended hours during the holiday seasons. Holiday hours
DML Ventures, LLC
Page2of3
include extended hours from November 22"d to January 1St; a calendar of these
hours is provided on page 10 of the attached report.
Before the applicant can obtain a business license to operate, the applicant must
meet with the Health Department to determine if the unit meets the requirement
of Chapter 23 of the City Code. This section establishes standards for disclosure,
hygiene, licenses, waivers, proof of age, record keeping, inspections,
cleanliness, vaccinations, and permitting. A business license will not be issued
until the requirements of the Health Department are met.
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 10-0, to recommend approval of this request to the
City Council with the following conditions:
1. A business license shall not be issued to the applicant without the approval of
the Health Department for consistency with the provisions of Chapter 23 of
the City Code.
2. The actual tattooing operation on a customer shall not be visible from the
exterior of the establishment or from the retail sales area within the
establishment.
3. The hours of operation shall be 10:00 a.m. to 9:00 p.m., Monday through
Saturday, and from 12:00 p.m. to 6:00 p.m., on Sunday.
4. From November 22"d through January 1 St, the applicant may deviate from the
hours established in Condition 3, adhering to the modified holiday hours of
operation as established by Lynnhaven Mall. This shall entail opening no
earlier than 6:00 a.m. and closing no later than 10:00 p.m.
5. The service of tattooing shall only be available to individuals over 18 years of
age regardless of the authorization or attendance of a legal guardian, with the
exception of inedical reasons as specified by a physician.
6. The service of body piercing shall only be available to individuals over fifteen
years of age.
7. All signage shall substantially conform to the submitted drawing titled,
"Signage Rendering," dated May 29, 2013.
8. The layout of the facility shall substantially conform to the submitted drawing
titled, "Floorplan," dated May 29, 2013.
DML Ventures, LLC
Page 3 of 3
9. In addition to the conditions above, the applicant shall also meet all
requirements of Section 23-51 and 23-53.1 of the City Code.
¦ 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
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City Manager: ?L ? ?
ROSE NALL DISTRICT
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8
June 12, 2013 Public Hearing
APPLICANT:
DML
VENTURES,
L.L.C.
PROPERTY OWNER:
LYNNHAVEN
MALL L.L.C.
STAFF PLANNER: Kristine Gay
REQUEST:
Conditional Use Permit (Tattoo Parlor)
ADDRESS / DESCRIPTION: 701 Lynnhaven Parkway, Space H08
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
1496 46 1559 Rose Hall 2,690 Square Feet APZ 2
> 75 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow use of the site for a Tattoo Parlor. The subject
site is located on the ground level in Space H08 of the Lynnhaven Mall at 701 Lynnhaven Parkway. The
space is 2,680 square feet and is situated one space away from a large retail 'anchor' space currently
occupied by Barnes and Noble and across the interior corridor from another large 'anchor' space that is
occupied by Dave and Busters.
The services provided will include tattoo, tattoo removal, and body piercing; as well as the sale of custom
jewelry, art by local artists, clothing, and after-care products. Staff at the studio will typically consist of 15
individuals including artists, piercers, removal technicians, counter staff, and management. Currently, the
owners of DML Ventures, L.L.C. own and operate DML Designs, L.L.C. T/A Trinity Tattoo Company which
operates at 3795 Bonney Road. Trinity Tattoo provides extensive counseling before agreeing to schedule
an appointment to be tattooed, and adheres to their personally developed strict rescheduling
requirements and procedure. With the exception of inedical reasons, such as reconstructive tattooing for
cancer patients, or emergency allergy information often located on the wrist, Trinity Tattoo does not tattoo
individuals under the age of eighteen years old with our without guardian authorization.
DML VENTURES, L.L.C.
Agenda Item 8
Page 1
The hours of operation will follow those established by Lynnhaven Mall, which are Monday through
Saturday, 10:00 a.m. to 9:00 p.m., and Sunday, 12:00 p.m. to 6:00 p.m., with extended hours during the
holiday seasons. Holiday hours include extended hours from November 22"d to January 1S'; a calendar of
these hours has been included at the end of this report.
As shown on the submitted floor plan, located immediately at the entrance of the studio space is a 960
square foot area reserved for the display of retail items and for guests to schedule an appointment or
check-in. The remaining two thirds of the space consists of three private tattoo rooms, three double tattoo
rooms, a break area, office, and drawing area, storage for staff, and restrooms for both staff and
customers. There is also a sink within each tattoo room for use of the staff.
As shown on the submitted rendering, signage consists of a protruding wooden base with one circular
sign in the middle, located over the studio entrance. The remainder of the front of the unit is encapsulated
by metal with hanging bulbs.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Lynnhaven Mall, B-2 Community Business District
SURROUNDING LAND North: . Retail shops / B-2 Community Business District
USE AND ZONING: South: . Retail shops / B-2 Community Business District
East: . Retail shops / B-2 Community Business District
West: . Retail shops / B-2 Community Business District
NATURAL RESOURCE AND There are no major natural resources found on this site. The site
CULTURAL FEATURES: follows the typical model of a suburban mall. The mall is centrally
located and surrounded by surface and structured parking. Along
the perimeter, the mall and parking are completely encompassed
by Lynnhaven Mall Loop.
COMPREHENSIVE PLAN: The site is located in an area referred to as Special Economic Growth Area
2 by the Comprehensive Plan. The plan recommends that the area west of Lynnhaven Parkway be used
for corporate office, retail, and other comparable commercial uses that are consistent with AICUZ
provisions.
IMPACT ON CITY SERVICES
There are no direct impacts on City services as a result of the proposed conditional use.
EVALUATION AND RECOMMENDATION
The Zoning Ordinance requires any tattoo or body piercing establishment be located at least 600 feet
away from any other tattoo or body piercing establishment, or from any Residential or Apartment district,
or school. The proposed location for the Tattoo Parlor meets this requirement.
Above meeting the requirements of the Zoning Ordinance, the applicant has also agreed to abstain from
tattooing individuals under the age of eighteen, regardless of parent attendance or authorization; provided
a quality storefront exhibit design and conceptual signage plan, and has limited the sight of actual
tattooing from the retail sales area and corridor area of the mall.
Before the applicant can obtain a business license to operate, the applicant must meet with the Health
Department to determine if the unit meets the requirement of Chapter 23 of the City Code. This section
establishes standards for disclosure, hygiene, licenses, waivers, proof of age, record keeping,
inspections, cleanliness, vaccinations, and permitting. A business license will not be issued until the
requirements of the Health Department are met.
For the above reasons and its conformance to the Comprehensive Plan as well as AICUZ restrictions,
Staff recommends approval subject to the conditions below.
CONDITIONS
1. A business license shall not be issued to the applicant without the approval of the Health
Department for consistency with the provisions of Chapter 23 of the City Code.
2. The actual tattooing operation on a customer shall not be visible from the exterior of the
establishment or from the retail sales area within the establishment.
3. The hours of operation shall be 10:00 a.m. to 9:00 p.m., Monday through Saturday, and from
12:00 p.m. to 6:00 p.m., on Sunday.
4. From November 22"d through January 15t, the applicant may deviate from the hours established
in Condition 3, adhering to the modified holiday hours of operation as established by Lynnhaven
Mall. This shall entail opening no earlier than 6:00 a.m. and closing no later than 10:00 p.m.
5. The service of tattooing shall only be available to individuals over 18 years of age regardless of
the authorization or attendance of a legal guardian, with the exception of inedical reasons as
specified by a physician.
6. The service of body piercing shall only be available to individuals over fifteen years of age.
All signage shall substantially conform to the submitted drawing titled, "Signage Rendering,"
dated May 29, 2013.
The layout of the facility shall substantially conform to the submitted drawing titled, "F,loofplan;"i'
DML VENTURES, L,L.C.
Agenda Item 8
Page 3
dated May 29, 2013.
9. In addition to the conditions above, the applicant shall also meet all requirements of Section 23-
51 and 23-53.1 of the City Code.
NOTE: Further conditions may be required during the administration of applicab/e City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site p/an review to meet all applicable City Codes and Standards. All applicab/e
permits required by the City Code, including those administered by the Department of P/anning /
Development Services Center and Department of P/anning / Permifs and Inspections Division,
and the issuance of a Certiricate 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 Deparfinent for crime prevention techniques and Crime Prevention Through
Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site.
DML
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AERIAL OF SITE LOCATION
DML
VTURES, L.L.C.
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EXAMPLE OF INTERIOR DESIGN AND SLIDING WALLS
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ZONING HISTORY
# DATE REQUEST ACTION
1 06/23/1992
03/24/1998 Conditional Use Permit (Motor Vehicle Repair)
Conditional Use Permit Recreation Facilit Approved
A roved
2 06/23/2009 Conditional Use Permit Indoor Commercial Recreation Facilit Ap roved
3 06/26/2012 Conditional Use Permit Wind Ener S stem A roved
4 11/13/2012 Conditional Use Permit (Motor Vehicle Repair A roved
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Agenda Item 8 ?
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11 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 lrst if necessary)
DML Ventures, LLC Melissa Lukeson, member David R. Lukeson, member
2. List all businesses that have a parent-subsidiary' or affiliated business entityz
relationship with the applicant: (Attach list ifnecessary)
DML Designs, LLC T/A Trinity Tattoo
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this sectron only if property owner is different from applrcant.
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)
Lynnhaven Mall L.L.C.
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach lrst if necessary)
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or epDJoyee of?City of Virginia Beach have an interest in the
subject land? Yes H No ?
If yes, what is the name of the official or employee and the nature of their interest?
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial seroices, accounting services, and legal
services: (Attach list if necessary)
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'"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 Interesis 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 entily 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 substantlally 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 oiherwise share activities,
resources or personnel on a regular basis; or there is otherwise a cbse working relationshfp
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certi(y that the information contafned herein is true and accurate.
I undbrsland Ihat, upon receipt of notification (poslcard) that the appNcation has been scheduled for
public hearing, I am responsible for abtaining and postfng the required sign on ihe subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to eniry upon the subject propeAy by empbyees of lhe Department of
Pianning lo photograph and view ihe site for purposes of processing and evaluating this application.
Melissa Lukeson
LgRtWs Signature Print Name
;5"1 Michael Harris
o y wner's Signature (if different than applicant) Print Name
Conditional Use Permll ApDllcatlon
DISCLOSURE STATEMENT
DML VENTURES, L.L.C.
Agenda Item 8
Page 15
Item #8
DML Lynnhaven Mall, L.L.C.
Conditional Use Permit
701 Lynnhaven Parkway, Space H08
District 3
Rose Hall
June 12, 2013
CONSENT
An application of DML Lynnhaven Mall, L.L.C. for a Conditional Use Permit (Tattoo Parlor) on property
located at 701 Lynnhaven Parkway, Space H08, District 3, Rose Hall. GPIN: 1496-46-1559.
CONDITIONS
1. A business license shall not be issued to the applicant without the approval of the Health Department
for consistency with the provisions of Chapter 23 of the City Code.
2. The actual tattooing operation on a customer shall not be visible from the exterior of the
establishment or from the retail sales area within the establishment.
3. The hours of operation shall be 10:00 a.m. to 9:00 p.m., Monday through Saturday, and from 12:00
p.m. to 6:00 p.m., on Sunday.
4. From November 22"d through January 15t, the applicant may deviate from the hours established in
Condition 3, adhering to the modified holiday hours of operation as established by Lynnhaven Mall.
This shall entail opening no earlier than 6:00 a.m. and closing no later than 10:00 p.m.
5. The service of tattooing shall only be available to individuals over 18 years of age regardless of the
authorization or attendance of a legal guardian, with the exception of inedical reasons as specified
by a physician.
6. The service of body piercing shall only be available to individuals over fifteen years of age.
7. All signage shall substantially conform to the submitted drawing titled, "Signage Rendering," dated
May 29, 2013.
8. The layout of the facility shall substantially conform to the submitted drawing titled, "Floorplan," dated
May 29, 2013
9. In addition to Conditions one throuqh eiqht, the applicant shall also meet all requirements under
Section 23-51 and Section 23-53.1 of the Citv Code.
NOTE: Further conditions may be required during the administration of applicab/e City
Ordinances and Standards. Any site p/an submitted with this application may require revision
during defailed site p/an review to meet all applicab/e City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of P/anning /
Deve/opment Services Center and Department of P/anning / Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as they pertain to this site.
AYE 9 NAY 0 ABS 1 ABSENT
Item #8
DML Lynnhaven Mall, L.L.C.
Page 2
BERNAS AYE
FELTON
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO
THORNTON AYE
ABS
ABSENT
By a vote of 9-0, with the abstention so noted, the Commission approved item 8 by consent.
Melissa Lukeson, the applicant, appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: OUR SAVIOUR LUTHERAN CHURCH (Applicant & Owner), Conditional Use
Permit for a Columbarium. 4200 Shore Drive (GPIN 1479981231). BAYSIDE
DISTRICT.
MEETING DATE: July 9, 2013
¦ Background:
The applicant, Our Savior Lutheran Church, requests a Conditional Use Permit to
add a columbarium to the church grounds at 4200 Shore Drive. The layout of the
church on the site is designed such that there is an inner courtyard on the Shore
Drive side of the building where members of the church can have quiet prayer or
reflection. The columbarium will be located within this courtyard.
¦ Considerations:
As shown on the plans provided on pages 6 and 7 of the attached staff report, the
columbarium will attach to the southern wall of the courtyard and project 1 foot and 5
inches (1'-5") northward into the courtyard. The height of the face of the
columbarium will be six feet wide by eight feet (6' x 8'). The columbarium will hold 63
niches.
As the submitted drawing titled, "Elevation from Teal Court" shows (page 6 of the
attached report), the applicant has positioned the proposed columbarium such that if
there is future demand, an additional 63 niches may be added to the east of the
proposed columbarium. Accordingly, the applicant has broken this down into two
phases.
The structural face of the columbarium will be precast concrete and brick veneer with
small light fixtures. The niches themselves will have a granite panel which will
remain blank until the inurnment. At the time the cremains are placed in the niche,
the panel will be engraved with the person's name and date of birth and death. While
the applicant will furnish the columbarium, the niches will be installed by an outside
contractor.
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 10-0, to recommend approval of this request to the City
Council with the following conditions:
Our Saviour Lutheran Church
Page 2 of 2
1. Development of this site shall substantially conform to the submitted conceptual
architectural drawing entitled, "Wall Section," and "Elevation from Teal Court."
2. This Conditional Use Permit shall only apply to the area necessary for the
footprint of the columbarium, as shown on drawing titled, "Wall Section." Said
area shall project northward from the exterior wall no more than 7 feet - 6 inches
and to the east and west no more than 15 feet.
3. No more than 126 niches are permitted with this Conditional Use Permit. Said
niches shall be developed in two separate phases, with the first phase consisting
of no more than 63 niches.
4. Prior to construction, the applicant shall submit all necessary drawings and
documents to obtain any required permits as specified by the City of Virginia
Beach.
5. Prior to construction, the applicant shall submit all required drawings to the
Development Services Center for review.
¦ 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: ? IZ?6"
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REQUEST:
Conditional Use Permit (Columbarium - Religious)
9
June 12, 2013 Public Hearing
APPLICANT AND
PROPERTY OWNER:
OUR SAVIOUR
LUTHERAN
CHURCH
STAFF PLANNER: Kristine Gay
ADDRESS / DESCRIPTION: A portion of 4200 Shore Dive
GPIN: ELECTION DISTRICT: SITE SIZE: AICU2:
1479-98-1231 BAY SIDE 113 square feet Less than 65 d6 DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant, Our Savior Lutheran Church, requests a Conditional Use Permit to allow the additional us
of a Columbarium at 4200 Shore Drive.
The existing church structure at the subject site is designed such that there is an inner courtyard for
members of the church to use for quiet prayer or reflection. The applicant has proposed projecting the
non-free standing columbarium within this courtyard from the north side of the south portion of the
building which borders the courtyard. As shown in the submitted Wall Section, the columbarium will
attach to the exterior of this northern wall and project out northward into the courtyard for 1 foot and 5
inches. The face of the columbarium will be six feet wide by eight feet tall, and will hold 63 niches.
As the submitted drawing titled, "Elevation from Teal Court" shows, the applicant has positioned the
proposed columbarium such that if the future demands them, an additional 63 niches may be added to
the east of the then existing columbarium. The applicant has broken this down into two phases.
The structural face of the columbarium will be precast concrete and brick veneer with small light fixtures.
The niches themselves will have a granite panel which will remain blank until the inurnment. At the time
the cremains are placed in the niche, the panel will be engraved with the person's name and date of birth
OUR SAVIOUR LUTHERAN CHURCH
Agenda Item 9
Page 1
and death. While the applicant will furnish the columbarium, the niches will be installed by an outside
contractor.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Religious Use
SURROUNDING LAND North: . Single-family homes / R-10 Residential District
USE AND ZONING: South: . Vacant Land Residential / R-7.5 Residential District
• Nursing Home / R-7.5 Residential District
East: . Single-family homes / R-10 Residential District
West: . School / R-10 Residential District
NATURAL RESOURCE AND This site is comprised of a church structure, paved parking, and
CULTURAL FEATURES: open flat grassy area.
COMPREHENSIVE PLAN: The subject location is in the Shore Drive Corridor, a Suburban Focus Area
as defined by the Comprehensive Plan. This area is considered a resort neighborhood and is the most
densely populated residential area of the City. The inclusion of commercial uses and passive
recreational and tourism amenities in an appropriate and complementary fashion to residential areas is
preferred for this area.
IMPACT ON CITY SERVICES
There are no direct impacts on City services as a result of the proposed conditional use.
EVALUATION AND RECOMMENDATION
The applicant is requesting a Conditional Use Permit to allow the use of a 63-niche columbarium which
may be expanded in the future to hold up to 126 niches total. The proposed location is in an inner
courtyard and is not visible from the public right-of-way.
As the construction of the proposed columbarium will disturb the existing sidewalk, Staff has included a
condition allowing the additional developmenUmaintenance of the portions of sidewalk affected during
columbarium construction.
Staff has received concern from the surrounding neighborhood regarding the location of the columbarium
and the potential of the columbarium to expand beyond its proposed location; therefore, a condition
specifying the location and area to which this Use Permit is applicable to has been recommended below.
In sum, staff finds this use to be complementary to the existing principal religious use, and recommends
approval of this request with the conditions below.
CONDITIONS
1. Development of this site shall substantially conform to the submitted conceptual architectural
drawing entitled, "Wall Section," and "Elevation from Teal Court."
2. This Conditional Use Permit shall only apply to the area necessary for the footprint of the
columbarium, as shown on drawing titled, "Wall Section." Said area shall project northward from
the exterior wall no more than 7 feet - 6 inches and to the east and west no more than 15 feet.
3. No more than 126 niches are permitted with this Conditional Use Permit. Said niches shall be
developed in two separate phases, with the first phase consisting of no more than 63 niches.
4. Prior to construction, the applicant shall submit all necessary drawings and documents to obtain
any required permits as specified by the City of Virginia Beach.
5. Prior to construction, the applicant shall submit all required drawings to the Development
Services Center for review.
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 p/an review to meet all applicab/e City Codes and Standards. All applicab/e
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 Certiricate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
OUR SAVIOUR LUTHERAN CH
?Agenda
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AERIAL OF SITE LOCATION
OUR SAVIOUR LUTHERAN CHURCH
Agenda Item 9
Page 4
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PROPOSED SITE PLAN
OUR SAVIOUR LUTHERAN C
Page 5 a?
ELEVATION FROM TEAL COURT
OUR SAVIOUR LUTH
Agenda Item 9
Page 6
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OUR SAVIOUR LUTHERAN
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SUBMITTED PHOTOS
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OUR SAVIOUR LUTHERAN CHURCH
Agenda Item 9
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•Zoning with ConditioircProNirs. Opai
Spxs Promotion or PON-2 Overlsya
CUP for Colum6arium/Refigious
ZONING HISTORY
# DATE REQUEST ACTION
1 09/12/1992 Conditional Use Permit (Golf Course) Approved
05/26/1998 Street Ciosure Approved
06/22/1999 Conditional Use Permit (Satellite Parking) Approved
2 05/23/1993 Conditional Use Permit (Church Addition) Approved
06/22/2010 Conditional Use Permit (Religious Use) Approved
04/24/2012 Conditional Use Permit (Child Care Education Center) Approved
3 10/25/1994 Conditional Rezoning (R-7.5 to 0-1) Approved
4 07/09/1996 Conditional Use Permit (Home for the Aged) Approved
5 11/12/2002 Conditional Use Permit (Car Wash) Approved
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OUR SAVIOUR LUTHERAN CHURCH
Agenda Item 9
Page 9
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the appiicant name foliowed by the names of ali officers, members, trustees,
partners, etc. below: (Aitach fist if necessary)
u c
2. List all businesses that have a parent-subsidiary' or affiliafed business entity2
relationship with the applicant: (Atfach list if necessary)
Chedc 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 ihe property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
&` See next page for footnotes
Does an official or e oyee of Abe-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?
Condilional Use Permit Applitation
Page 9 of 10
Revised 7/3l2007
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, reai 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 indirectiy 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 parenf-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a conVolling owner in one entity is also a conVolling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in detertnining the existence of an affiliated
business enGty 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 entitiss share the use of the same offices or employees or othervvise share activities,
resources or personnel on a regular basis; or there is othervvise a dose working relaponship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 certify that the information contained herein is we and accurate.
1 understand that, upon Teceipt 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 ihe insUvctions in this package. The
undersigned also consents to enfry upon ihe subject property by Omptbyees o-f tfie Depailmerit of
Planning to photograph and view the site for purposes oi processing and evaluating this application.
" a&?.?i W cIL?C
qp?plicanYs Signature Print Name
property Owner's Signature ('rf different than applicant) Print Name
Conditional Use PertnR Appiication
Page 10 oi 10
Revised 7l32007
DISCLOSURE STATEMENT
OUR SAVIOUR LUTH
Agenda Itdin 9
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Page '11
' ?.
,AN GHU?CH
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Item #9
Our Saviour Lutheran Church
Conditional Use Permit
4200 Shore Drive
District 4
Bayside
June 12, 2013
CONSENT
An application of Our Saviour Lutheran Church for a Conditional Use Permit
(Columbarium - Religious) on property located on a portion of 4200 Shore Drive,
District 4, Bayside. GPIN: 1479-98-1231.
CONDITIONS
1. Development of this site shall substantially conform to the submitted conceptual
architectural drawing entitled, "Wall Section," and "Elevation from Teal Court."
2. This Conditional Use Permit shall only apply to the area necessary for the footprint
of the columbarium, as shown on drawing titled, "Wall Section." Said area shall
project northward from the exterior wall no more than 7 feet - 6 inches and to the
east and west no more than 15 feet.
3. No more than 126 niches are permitted with this Conditional Use Permit. Said
niches shall be developed in two separate phases, with the first phase consisting of
no more than 63 niches.
4. Prior to construction, the applicant shall submit all necessary drawings and
documents to obtain any required permits as specified by the City of Virginia Beach.
5. Prior to construction, the applicant shall submit all required drawings to the
Development Services Center for review.
NOTE: Further conditions may be required during the administration of
applicab/e City Ordinances and Standards. Any site plan submitted with this
application may require revision during detailed site p/an review to meet all
applicab/e City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of P/anning /
Deve%pment Services Center and Department of P/anning / Permits and
Inspections Division, and the issuance of a Certiricafe of Occupancy, are
required before any uses allowed by this Use Permit are valid.
Item #9
Our Saviour Lutheran Church
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 (CPTED) concepts and strategies as
they pertain to this site.
AYE 10 NAY 0 ABS 0 ABSENT 1
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 10-0, the Commission approved item 9 by consent.
Mike Weirich appeared before the Commission on behalf of the applicant.
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J. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. 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
********************?**?*******
2013 CITYHOLIDAYS
Lahor .T3cry - :11ondrrY, Septcrrrr6er ?
Vetercrns 1)uy - MoncCrrY, IVcr?>eynber II
7lraraksgivrng Dcxy S, 1)rry after "1"hc1nk,sglVltl?,r _ Tlzirrsrttry,
,
r'?%o??ernber 28 S I?ridcry, No??e?rrber° 29
C'hristrnrr.s F,ve (Izalf=rlati) - Tuesdcq, I)ecenrber.24
Cfrr•rstnlcrs I)uY - tterlne.srla.r, I)ec•erriber 25
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
O
S
DATE: 07/02/2013 PAGE: 1 S-
D H S
AGENDA E H A E W
TfEM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S
O
I P E E E S N M I O O
L S H R Y S S D S N N D
I.-A BRIEFINGS
PEMBROKE CENTRAL BUSINESS William Macali,
CORE DISTRICT Deputy City
Attomey
B COASTAL PROGRAM FY 2014 David L. Hansen,
FUNDING Deputy City
Manager
II/III/IVN/ CERTIFICATION CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y
VI.E
F MINUTES -Tune 25, 2013 APPROVED 9-0 Y Y Y Y Y A Y Y Y A Y
B
S
T
A
I
N
E
D
G41-1 pUBLIC HEARING
FRANCHISE OF C1TY PROPERTY - 11 Speakers
4201 Atlantic Avenue
I-1 Ord/Resol re Cavatier Hotel to ADOPTED 7-1 Y A N Y Y A Y A Y Y Y
AUTHORIZE: B B
S S
a. documents set forth in Term Sheet T T
A A
b. conveyance of easements I I
N N
c. $2,370,000 funded from Open Space E E
for the Green Space Easement D D
d. "Cavalier Drive Improvements" is
established
e. TRANSFER $1,224,520/
$1,224,520 to conshuct Cavalier Drive
between Holly Drive/Atlantic Avenue
f. franchise for Beach Operations at
Cavalier on the Oceazifront
g. Awazd of $8,200,000 EDIP to the
Developer
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
O
S
DATE: 07/02/2013 PAGE: 2 S-
D H S
AGENDA E H A E W
TI'EM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I P E E E S N M I O O
L S H R Y S S D S N N D
2 Ordinance to TRANSFER $735,000 re ADOPTED, BY 10-0 Y Y Y Y Y A Y Y Y Y Y
dredging CONSET
a. Lynnhaven Inlet
b. Rudee Inlet
a Various Minor Dredging II
J-1 ROY S./LORI D. BESHIN Modification APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y
of Condition No. 2.d CUP open space CONDITIONED,
BY CONSENT
promotion in R-40 to reduce setback at
4300 Wishart Road
DISTRICT 4 - BAYSIDE
2 DAM NECK STORAGE, LLC CUP re APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y
bulk storage/new warehouse at 1453 CONDTTIONED,
'
CONSENT
BZ
London Bridge Road
DISTRICT 3- ROSE HAT T
3 CARING TRANSITIONS CUP vehicle APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y
rentals at 229 South Rosemont Road CONDITIONED,
BY CONSENT
DISTRICT 3- ROSE HALL
4 TASTE UNLIMITED, LLC/ APPROVED AS 10-0 Y Y Y Y Y A Y Y Y Y Y
BAYVILLE FARMS ASSOC, L.C. at PROFFERED/
CONDITIONED BY
4097 Shore Drive, DISTRICT 4- CONSENT
BAYSIDE
a. CCOZ from R-7.5 to B-2
b. CUP open-air market (seasonal
roduce stand
5 BANKS ENTERPRISES, RL.L.P APPROVED AS 10-0 Y Y Y Y Y A Y Y Y Y Y
CCOZ from B-2 to Conditional A-18 at PROFFERED, BY
800 Baker Road CONSENT
DISTRICT 2 - KEMPSVII,LE
6 PRINCESS ANNE PARTNERS CCOZ APPROVED AS 10-0 Y Y Y Y Y A Y Y Y Y Y
from AG2 to Conditional PDH-2 with PROFFERED, BY
CONSENT
R-7.5 at 2368 Princess Anne
DISTRICT 7 - PRINCESS ANNE
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
O
S
DATE: 07/02/2013 PAGE: 3 S-
D H S
AGENDA E H A E W
TTEM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I P E E E S N M I O O
S H R Y S S D S N N D
7 CITY to AMEND Section 209.2 of the APPROVED, BY 10A y y y y y A y y Y Y Y
CZO re occupancy of temporazy family CONSENT
health care structures
K APPOINTMENTS
B Z' C O N S E N S U S
RESCHEDULED
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY
BOARD
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
PARKS and RECREATION
COMMISSION
VII2GINIA BEACH COMMUNTTY
DEVELOPMENT CORPORATION
DEVELOPMENT AUTHORITY Reappointed: 4 year 10-0 Y Y Y Y Y A Y Y Y Y Y
term - 09/01/2013 -
08/31/2017
Elizabeth Twohy
Shewlin M. Won
MINORITY BUSINESS COUNCIL APP°inted: 2 Year 10-0 Y Y Y Y Y A Y Y Y Y Y
term - 06/01 /2013 -
OS/31/2015
Kelvin W. Arthur
L/M-1 August 6, 2013 Workshop Session - CANCELLED g y C O N S E N S U S
"National Ni t Out"
N ADJOLTRNMENT 7:00 PM
PUBLIC COMMENT No Speakers
2013 CITYHOLIDAYS
Independence Day - Thursday, July 4
Labor Day - Monday, September 2
Veterans Day - Monday, November 11
Thanksgiving Day & Day after Thanksgiving - Thursday, November 28 & Friday, November 29
Christmas Eve (half-day) - Tuesday, December 24
Christmas Day - Wednesday, December 25