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HomeMy WebLinkAboutMAY 26, 2009 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR WIllIAM D. SESSOMS JR., At-Large VICE MA YOR LOUIS R. JONES, Bayside - District 4 GLENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES 1. WOOD, Lynnhaven -District 5 CITY COUNOL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY A TfORNEY - MARK D. STILES CITY ASSESSOR - JERALD HANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER. MMC CITY COUNCIL AGENDA 26 MAY 2009 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. HIGH SPEED RAIL Robert Matthias, Assistant to the City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II I CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: ctycnc/@vbgov.com 3:00 PM 4:30 PM V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Edward L. Moore, Pastor Grace Covenant Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION May 5, 200~ 2. INFORMAL and FORMAL SESSIONS May 12, 2009 G. MAYOR'S PRESENTATION 1. RESOLUTION re SPECIAL OLYMPICS G. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY a. Dolphin Run - 3rd Street and Atlantic Avenue b. Theme Restaurants, Inc. (t/a II Giardino Ristorante) -- 910 Atlantic Avenue 2. EXCESS CITY PROPERTY -Interfacility Traffic Area Conveyance of easements - Indian River, Landstown and Salem Roads H. AGENDA FOR FORMAL SESSION I. CONSENT AGENDA I I I J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code: a. SS 5-602, 12.43.2 and 38-3 re the regulation and control of animals and birds b. S 6-120-2 re the regulation of personal watercraft rentals 2. Resolution COMMENDING Robert S. Miller III, for his Twenty-Eight (28) Years of Volunteer Service to the Special Olympics 3. Ordinance to DECLARE restrictive easements over thirteen (13) City-owned properties in the Interfacility Traffic Area (IT A) to be EXCESS property and AUTHORIZE the City Manager to convey these properties to the United States of America Department of the Navy (USN) for $,4,050,000: 3592 Indian River Road Landstown Road 2433 Salem Road Salem Road, Parcel B Salem Road, Parcel A 2561 Salem Road Salem Road (6 parcels) 2437 Salem Road 4. Ordinance to GRANT Theme Restaurants, Inc., t/a II Giardino Ristorante two five (5) year Franchise Agreements for open air cafes at the Resort Area. 5. Ordinance to AUTHORIZE the City Manager to execute a four (4) month lease for vehicular parking with the Dolphin Run Condominium Association, Inc. at 3rd Street and Atlantic A venue 6. Resolution ofthe CITY OF VIRGINIA BEACH re Spot Blight Abatement (Citv Code & 16-39) Determination at 620 Counselor Square. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 7. Ordinance to AUTHORIZE the acquisition of blighted property by eminent domain at 620 Counselor Square for the purpose of rehabilitation to a qualified builder, developer or other entity and APPROPRIATE $82,778 needed for acquisition. 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of- way for JAMES M. ARNHOLD at 4332 Sandy Bay Drive to construct and maintain three (3) parking areas and two (2) four (4") inch conduits. DISTRICT 4 - BA YSIDE 9. Ordinance to APPROPRIATE $660,901 Federal Stimulus funds from the American Recovery and Reinvestment Act (ARRA) under the Community Development Block Grant to the Department of Housing and Neighborhood Preservation's FY 2008-09 operating budget re rehabilitation of eligible owner-occupied housing units. 10. Ordinance to APPROPRIATE $70,000 from the fund balance of the General Fund to provide an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of a replacement ambulance. K. PLANNING - NO ACTION NECESSARY 1. Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and the requirements of the National Flood Insurance Program. 2. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-5D Residential Duplex to 1-1 Light Industrial at 212-228 Fair Lady Road and 2305 Potters Road. (Deferred by the Planning Commission) DISTRICT 6 - BEACH L. PLANNING 1. Application of the CITY OF VIRGINIA BEACH for a street closure (unimproved) at Terrell A venue to incorporate the right-of-way into surrounding property owned by the City. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of the CAVALIER GOLF and YACHT CLUB for the closure of a portion of Cardinal Road from the north side of Starling Court to its terminus. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 3. Application of ELLIS-GIBSON DEVELOPMENT GROUP / LAKE GEM II, LLC for a Conditional Use Permit re a seasonal outdoor "green" market at 2181 Upton Drive. . DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a Conditional Use Permit re a communication tower at 6009 Blackwater Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION INDEFINITE DEFERRAL 5. Application of CHESTER and VIVIAN TUCKER for a~~onditional Use Permit to convert their single family residence into a Country Inn at 1557 Sandbridge Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL II I N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 *********** Agenda OS/26/2009.gw www.vbgov.com 6. Application ofFLORDELIZA and DANIEL BAYANGOS, JR., DBA LIZA'S RESIDENTIAL CARE for a Conditional Use Permit re senior residential care at 5084 Langston Court. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 7. Application of PRINCESS ANNE CHURCH OF CHRIST for a Conditional Use Permit re a church at 3016 Virginia Beach Boulevard. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-5D Residential Duplex and A-12 Apartment to 1-1 Light Industrial at London Bridge and Potters Road. (AICUZ) DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 9. Application of RICHMOND 20MHz, LLC, Modification of Conditions No.1 and 3 (approved by City Council on November 22,2005) re location and the number of antenna arrays allowed on the tower at 1000 Great Neck Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 10. Ordinance to AUTHORIZE a new Official Zoning Map, which shall replace the existing Map, due to a change in the computer mapping format used to store the data and develop the printed copies. There are no changes between the current and proposed maps in regard to the Zoning Districts or to their existing locations. RECOMMENDATION ADOPTION M. APPOINTMENTS BA YFRONT ADVISORY COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY PROGRAM EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOATRD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION II I I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. HIGH SPEED RAIL Robert Matthias, Assistant to the City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW II I IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. 4:30 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Edward L. Moore, Pastor Grace Covenant Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION May 5,2009 2. INFORMAL and FORMAL SESSIONS May 12, 2009 .tsolutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ,I I G. MAYOR'S PRESENTATION 1. RESOLUTION re SPECIAL OLYMPICS -. G. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY a. Dolphin Run - 3rd Street and Atlantic Avenue b. Theme Restaurants, Inc. (t/a II Giardino Ristorante) - 910 Atlantic Avenue 2. EXCESS CITY PROPERTY - Interfacility Traffic Area Conveyance of easements - Indian River, Landstown and Salem Roads PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, May 26, 2009, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following parcel: Approximately 0.09 acres of land located at 3rd Street and Atlantic Avenue. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711 (TOO Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228. Building 18, at the Virginia Beach Municipal Center at (757) 385 5659. Ruth Hodges Fraser, MMC City Clerk Beacon May 17, 2009 20149481 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on May 26, 2009 in the City Council CharT'ber regarding the proposed cafe franchise lease of City-owned property located at 910 Atlantic Avenue to Theme Restaurants, Inc., tja II Giardino Ristorante. The purpose of the Hearing will be to obtain public comment on the proposed lease of City property. A copy of the franchise lease agreement is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, Virginia Beach Convention and Visitor's Bureau, by calling (757) 385-6639. Beacon May 17, 2009 20149512 I , , t' "c , n,,"blic HearlftG'a, < < < < ,,; Y,' . ~# ,,' <~<wr~'i ru .-e,~. ".\" <<<&>~; ~ PUBLIC HEARING SALE OF EASEMENT OVER CITY PROPERTY ~ The Virginia Beach City Council will hold a PUBLIC HEARING I on the sale of restrictive easements to the United States I' Navy over 13 City-owned properties in the Inter-facility Traffic Area (ITA), Tuesday, May 26, 2009, at 6:00 p.m., in the I Council Chamber of the City Hall Building (Building #1) , Municipal Center, Virginia Beach, Virginia. The properties to ! be subject to the easements are (by location, GPIN): ! 3592 Indian River Road, 52 acres, 14B3-38-6300; < 2561 Salem Road 18.5 acres, 1484-22-6306; : Salem Road 9.13 Acres, 1484-21-5994; < Salem Road Parcel B, 17.38 Acres, 1484-41-0190; Salem Road Parcel A 1.01 Acres 1484-30-8994; Salem Road 9.56 Acres1484-31-9964; Salem Road 16.526 Acres 1483-59-8490; I Salem Road 1.531 Acres 1484-50-8055; · Salem Road 23.882 Acres 1484-60-3726; Landstown Road 31.85 Acres 1484-61-2506; Salem Road 19.733 Acres 1484-21-6047; 2433 Salem Road 2.07 Acres 1484-23-6232; and 2437 Salem Road 6.25 Acres 1484-23-8037 This Hearing will be to' obtain public input to determine whether these easements should be declared "excess of the City's needs." If you are physically disabled or visually impaired and . need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any questions conceming this matter should be directed to the Office of Real Estate, Municipal Building #2, Room 392, (757) 385-4161 Ruth Hodges Fraser, MMC City Clerk Beacon May 17, 2009 20171633 J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code: a. SS 5-602, 12.43.2 and 38-3 re the regulation and control of animals and birds b. S 6-120-2 re the regulation of personal watercraft rentals 2. Resolution COMMENDING Robert S. Miller III, for his Twenty-Eight (28) Years of Volunteer Service to the Special Olympics 3. Ordinance to DECLARE restrictive easements over thirteen (13) City-owned properties . in the Interfacility Traffic Area (IT A) to be EXCESS property and AUTHORIZE the City Manager to convey these properties to the United States of America Department of the Navy (USN) for $,4,050,000: 3592 Indian River Road Landstown Road 2433 Salem Road Salem Road, Parcel B Salem Road, Parcel A 2561 Salem Road Salem Road (6 parcels) 2437 Salem Road 4. Ordinance to GRANT Theme Restaurants, Inc., t/a II Giardino Ristorante two five (5) year Franchise Agreements for open air cafes at the Resort Area. 5. Ordinance to AUTHORIZE the City Manager to execute a four (4) month lease for vehicular parking with the Dolphin Run Condominium Association, Inc. at 3rd Street and Atlantic Avenue 6. Resolution of the CITY OF VIRGINIA BEACH re Spot Blight Abatement (City Code & 16-39) Determination at 620 Counselor Square. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 7. Ordinance to AUTHORIZE the acquisition of blighted property by eminent domain at 620 Counselor Square for the purpose of rehabilitation to a qualified builder, developer or other entity and APPROPRIATE $82,778 needed for acquisition. 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of- way for JAMES M. ARNHOLD at 4332 Sandy Bay Drive to construct and maintain three (3) parking areas and two (2) four (4") inch conduits. DISTRICT 4 - BA YSIDE 9. Ordinance to APPROPRIATE $660,901 Federal Stimulus funds from the American Recovery and Reinvestment Act (ARRA) under the Community Development Block Grant to the Department of Housing and Neighborhood Preservation's FY 2008-09 operating budget re rehabilitation of eligible owner-occupied housing units. 10. Ordinance to APPROPRIATE $70,000 from the fund balance ofthe General Fund to provide an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of a replacement ambulance. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 5-602, 12-43.2 and 38-3 of the City Code Pertaining to Regulation and Control of Animals and Birds -~ MEETING DATE: May 26, 2009 . Background: In 1992, most of Virginia Beach was designated a bird sanctuary, making it unlawful for any person to kill or injure any bird or to destroy the nest or eggs of any bird. The City Code provides no exception for federal, state or local government animal or fowl management agency agents. Additionally, City Code provisions prohibiting the discharge of weapons and the use of pyrotechnics do not provide exemptions for the various governmental animal and fowl management agencies. . Considerations: This ordinance will add exceptions to the bird sanctuary, weapon discharge and pyrotechnics ordinances for federal, state and local government animal and fowl management agency agents. These exceptions will allow these agents to take the lawful actions necessary to manage animal and fowl populations that present a threat to public safety and/or health. An example of contemplated actions includes the use of pyrotechnics and/or firearms to discourage the roosting/nesting of vultures in a citizen's back yard. . Public Information: This item will be disseminated to the public through the regular Council agenda notification process. . Recommendations: Adopt ordinance. . Attachments:. Ordinance. Recommended Action: Approval .~ Submitting Department/Agency: Police Department j'A L.- City Manage~ 't,~ 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 602, 12-43.2 AND 38-3 OF THE CITY CODE 3 PERTAINING TO REGULATION AND 4 CONTROL OF ANIMALS AND BIRDS 5 6 SECTIONS AMENDED: 995-602, 12-43.2 and 38.3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 5-602, 12-43.2 and 38.3 of the Code of the City of Virginia Beach, 12 Virginia, are hereby amended and reordained to read as follows: 13 14 Sec. 5-602. Killing or injuring birds, etc. 15 16 fill It shall be unlawful for any person to kill or injure any bird or to destroy the 17 nests or eggs of any bird, except starlings, in the bird sanctuary established by section 18 5-600; provided that such restrictions shall not prevent the lawful hunting of game birds 19 under authority of a permit issued pursuant to the provisions of section 38-3 of this 20 Code. 21 22 fQl The provisions of this section shall not be applicable to any federal. state 23 or local qovernment animal or fowl manaqement aqency aqents actinq within the scope 24 of their lawful duties and as permitted under the provisions of the Federal Miqratorv Bird 25 Treaty Act. 26 27 Sec. 12-43.2. Fireworks and pyrotechnic displays unlawful; exceptions. 28 29 (a) Except as otherwise provided in this section it shall be unlawful for any 30 person to transport, manufacture, assemble, store, sell, offer or display for sale, or to 31 buy, use, possess, ignite or explode any firecracker, torpedo, sky rocket, sparkler, or 32 other substance or device that contains any explosive or flammable compound or 33 substance, and is intended or commonly known as fireworks, and which explodes, rises 34 into the air or travels laterally, fires projectiles or discharges sparks into the air. 35 36 (b) The provision of this section shall not be applicable to i.1lany organization 37 or group of individuals which has been granted a permit by the fire official for the public 38 or private display of fireworks or pyrotechnics, provided that such fireworks are stored, 39 handled, transported and used in compliance with the terms and conditions of such 40 permit~ or (2) any federal. state or local qovernment animal or fowl manaqement aqency 41 aqents actinq within the scope of their lawful duties. Such aqents shall provide the Fire 42 Marshall's Office with at least 24 hours notice of intent to possibly employ pyrotechnic 43 tactics. 44 I I 45 (c) The fire marshal or any law enforcement officer shall be authorized to 46 seize, take, remove or cause to be removed, at the expense of the owner, all fireworks 47 offered or exposed for display or sale, stored or held in violation of this section. 48 49 (d) Violation of any provision of this section shall constitute a Class 1 50 misdemeanor. 51 52 Sec. 38-3. Discharge of firearms, air guns, etc. 53 54 (a) It shall be unlawful for any person to discharge any firearm, spring- 55 propelled rifle or pistol or air-propelled rifle or pistol, from or across any land or water 56 north or west of the trace of the line beginning at the intersection of North Landing Road 57 and the Chesapeake-Virginia Beach city boundary line; thence northwardly along North 58 Landing Road to Indian River Road; thence eastwardly along Indian River Road to New 59 Bridge Road; thence northeastwardly along New Bridge Road to Sandbridge Road, 60 thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or 61 across any land north of False Cape State Park and east of Shipps Bay and Point 62 Creek. This prohibition shall not apply to shotguns discharging pellets under the 63 following conditions: 64 65 (1) On land that is fifty (50) acres or more of contiguous area, or less than 66 fifty (50) acres of contiguous area south of the trace of the line beginning 67 at the intersection of Elbow Road and the Chesapeake-Virginia Beach city 68 boundary line; thence northeastwardly along Elbow Road to Salem Road; 69 thence southeastwardly along Salem Road to North Landstown Road; 70 thence northeastwardly along Landstown Road to Princess Anne Road; 71 thence southeastwardly along Princess Anne Road to Sand bridge Road; 72 thence eastwardly along Sand bridge Road to its intersection with the 73 Atlantic Ocean; and 74 (2) Under one (1) ownership; and 75 (3) Used primarily for agricultural purposes; and 76 (4) The landowner has applied for an annual permit from the city manager to 77 use his' property for this purpose, which permit shall be granted by the city 78 manager if the applicant meets the requirements of this section; and 79 (5) The person discharging a shotgun as herein set forth shall, at all times 80 while engaged in such activity, have in his possession written permission 81 from the landowner to discharge such weapon on the premises; and 82 (6) All permits shall expire on the next June 30 after the date of issuance. 83 84 (b) Notwithstanding the provisions of subsection (a)(4) above, no permit shall 85 be issued to a landowner if it is determined by the city manager or his duly authorized 86 agent that the issuance of such permit would be detrimental to the public safety, and 87 any permit that has been issued and is in effect may be revoked by the city manager if it 88 is determined by the city manager or his duly authorized agent that conditions have 89 changed since the date of issuance of the permit that cause the continued use of the 90 land for the permitted purpose to be detrimental to the public safety. 91 92 (c) It shall be lawful to discharge firearms of .22-caliber or less south of the 93 trace line enumerated in subsection (a) subject to the provisions of this section. It shall 94 be unlawful to discharge any firearms greater than .22-caliber any place within the city; 95 provided, however, that muzzleloading rifles using a charge of black powder or black 96 powder equivalent may be used to hunt deer during the open season prescribed 97 therefor by the Department of Game and Inland Fisheries south of the trace of the line 98 described in subsection (a)(1). For purposes of this section, a muzzleloading rifle shall 99 mean a single-shot flintlock or. percussion rifle, .45 caliber or larger, firing a single lead 100 projectile or sabot with a .38 caliber or larger nonjacketed lead projectile of the same 101 caliber loaded from the muzzle of the weapon and propelled by at least fifty (50) grains 102 of black powder or black powder equivalent. 103 104 (d) Notwithstanding any other provisions of this section, it shall be unlawful for 105 any person to discharge any firearm, spring-propelled rifle "or pistol, or air-propelled rifle 106 or pistol from, on, across or within one hundred fifty (150) yards of any building, 107 dwelling, street, sidewalk, alley, roadway or public land or public place within the city 108 limits. 109 110 (e) The prohibitions of this section shall not apply to the operation of a 111 shooting event that is sponsored by an organized group, provided, the written approval 112 of the chief of police as to the safety and location of the event is obtained prior to the 113 event. 114 115 (f) Nothing in this section shall be construed to prohibit the discharge of 116 firearms and other weapons by ill law enforcement agoncies and officers; (2) military 117 forces personnel; or (3) federal. state or local Qovernment animal or fowl manaQement 118 aQency aQents in the city as part of authorized training or in the performance of their 119 duties. 120 121 (g) A violation of any provision of this section shall constitute a Class 1 122 misdemeanor. 123 Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of I 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: --:];7/1/./1. C<. --7-'?R~ Police Department ~L~ I I APPROVED AS TO CONTENT: rrJJt ~ Fire Department CA11091 R-2 May 15, 2009 , III ~~". ,!j:"v<,. ", C'~:ib fra-,-""'''-~''''':~~) ::~f ti'> (,-,. ,,>, i' " , . ~ ':~~:;.'~'.~'0-~~;X/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 6-120.2 of the City Code Pertaining to Regulation of Personal Watercraft Rentals MEETING DATE: May 26, 2009 . Background: In 1999, City Council enacted City Code S 6-120.2, which regulates the rental of personal watercraft. The Code section places several restrictions on the rental of such watercraft, including a prohibition on the rental of personal watercraft that has an engine displacement which exceeds eight hundred cubic centimeters ("800 cc"). . Considerations: Although personal watercraft with an engine displacement of 800 cc were commonplace and easily attainable in 1999, manufacturing standards have changed, and now almost all personal watercraft are manufactured with engine displacement that exceeds 800 cc. Governors, however, can be installed on the engines that limit the maximum speed of the watercraft to no more than 40 miles per hour. The installation of such governors would effectively limit watercraft with higher engine displacements to the levels typical of watercraft with 800 cc engines. The attached ordinance would allow rental of such watercraft equipped with those types of governors. The ordinance also prohibits the rental of personal watercraft to persons who are prohibited by state law from operating such watercraft. Effective July 1, no one under the age of 21 may operate a personal watercraft unless he or she has successfully completed .a boating safety course approved by the Virginia Department of Game and Inland Fisheries. Effective July 1, 2010, the restriction applies to anyone under the age of 36; effective July 1, 2011, the restriction applies to anyone under the age of 51; and effective July 1, 2012, the restriction applies to anyone who operates a personal watercraft. . Public Information: Information will be disseminated through the regular Council agenda notification process. . Attachments: Ordinance Requested by Councilmember Uhrin REQUESTED BY COUNCILMEMBER UHRIN 1 AN ORDINANCE TO AMEND SECTION 6- 2 120.2 OF THE CITY CODE PERTAINING TO 3 REGULATION OF PERSONAL 4 WATERCRAFT RENTALS 5 6 SECTION AMENDED: 96-120.2 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 6-120.2 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 6-120.2. Regulation of personal watercraft rentals. 15 16 (a) Any business which offers personal watercraft for rent shall require any 17 person to whom a personal watercraft is rented, and any other person who will operate 18 the personal watercraft, to fill out and sign a rental agreement or application. Such 19 agreement or application, which must include the full legal name, address, date of birth 20 and social security number of the renter and any other operator(s), shall be kept on file 21 for a minimum of ninety (90) days. 22 23 (b) Any business which offers personal watercraft for rent shall also require 24 any person to whom a personal watercraft is rented, and any other person who will 25 operate the personal watercraft, to present, prior to such rental or operation, a 26 government-issued identification card containing his or her photograph, and shall retain 27 such identification card, or a copy thereof, during the time the personal watercraft is 28 being rented. 29 30 . (c) No person who rents, leases or operates a personal watercraft shall 31 knowingly misrepresent any material fact or falsify any information requested on the 32 rental agreement or application. 33 34 (d) Any business which offers personal watercraft for rent on a short-term 35 basis (e.g., by the hour or half-hour) shall have at least one motorboat of at least fifty 36 (50) horsepower operated by an employee or agent of the business, in order to monitor 37 and ensure the safe operation of the personal watercraft. 38 39 (e) No business which offers personal watercraft for rent shall rent a personal 40 watercraft that has an engine displacement which exceeds eight hundred (800) cubic 41 centimeters unless the personal watercraft is equipped with a mechanical device that 42 cannot be disabled or removed bv a renter of the watercraft and that limits the maximum 43 attainable speed of the watercraft to no more than 40 miles per hour. 44 I I 45 (f) Any business which offers personal watercraft for rent shall have at tease 46 least two (2) marine VHF radios in operation during the time that a personal watercraft 47 rental is being operated, and such radios shall monitor channel 16 whenever they are 48 not being actively used on a working channel. 49 50 (g) No business which offers personal watercraft for rent shall rent a personal 51 watercraft to any person who is prohibited by state law from operatinq a personal 52 watercraft. 53 54 itl1 A violation of any provision of this section shall constitute a Class 3 55 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ I). ~=- City Attorney's Office CA11137 R-2 May 20, 2009 ,I III I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Commending Robert S. Miller, III for His Twenty-Eight Years of Volunteer Service to the Special Olympics MEETING DATE: May 28, 2009 .. Background: Robert S. Miller, III has provided volunteer service to the community for twenty-eight years. Mr. Miller's most significant volunteer work has been on behalf of children and adults with disabilities through the Virginia Special Olympics and Area 2 Special Olympics programs. The Special Olympics is a year-round international program of sports training and athletic competition for children and adults with intellectual disabilities. Mr. Miller's work on behalf of the disabled also includes support of the Biznet Residential Village as well as People First and Aktion Club of Virginia Beach. Mr. Miller's service to community includes his work with other organizations including: the Virginia Beach Foundation; the Pembroke Kiwanis Club; Virginia Beach Vision; and eight years of service on the Virginia Beach Planning Commission. . Considerations: Robert Miller is a life-long resident of the City of Virginia Beach. His volunteer efforts provide a model of public service. This example reflects a deep commitment to improve the quality of life for all of our citizens, especially those with special needs. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution Requested by Mayor Sessoms, Vice-Mayor Jones, and Councilmembers Davis, DeSteph, Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson, and Wood I III Requested by Mayor Sessoms, Vice-Mayor Jones, and Councilmembers Davis, DeSteph, Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson, and Wood 1 A RESOLUTION COMMENDING ROBERT S. 2 MILLER, III FOR HIS lWENTY-EIGHT YEARS OF 3 VOLUNTEER SERVICE TO THE SPECIAL 4 OLYMPICS 5 6 WHEREAS, Robert S. Miller III is a life-long resident of Virginia Bea~~; and 7 8 WHEREAS, Mr. Miller's volunteer service to his community include' his work on 9 behalf of the Virginia Beach Foundation, the Pembroke Kiwanis Club, Virginia Beach 10 Vision, and eight years of service on the Virginia Beach Planning Commission; and 11 12 WHEREAS, for twenty-eight years, his most significant volunteer work has been 13 on behalf of children and adults with disabilities through the Virginia Special Olympics 14 and Area 2 Special Olympics programs; and 15 16 WHEREAS, Special Olympics is a year-round international program of sports 17 training and athletic competition for children and adults with intellectual disabilities with 18 a goal of helping to bring persons with such disabilities into the larger society under 19 conditions whereby they are accepted, respected, and given the chance to become 20 useful and productive citizens; and 21 22 WHEREAS, Mr. Miller has expanded his support of the Virginia Special Olympics 23 by reaching out to involve many diverse members of the community including 24 volunteers and leadership of the Virginia Beach Neptune Festival who have, for fourteen 25 years, joined with him in supporting the athletic events thereby educating many in the 26 needs and understanding of persons with disabilities and providing an avenue for 27 increased participation for the community as a whole; and 28 29 WHEREAS, Mr. Miller's efforts on behalf of the disabled also include his support 30 of the BIZNET Residential Village for adults with disabilities and his work with People 31 First and Aktion Club of Virginia Beach, a Kiwanis program for adults with disabilities; 32 and 33 34 WHEREAS, his volunteer efforts reflect his deep commitment to improve the 35 quality of life for all of our citizens, especially those with special needs. 36 37 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the City Council hereby commends Robert S. Miller, III for his twenty-eight 41 years of volunteer service to the Special Olympics. 42 43 Adopted by the City Council of the City of Virginia Beach, Virginia, this 44 day of , 2009. .1 I APPROVED AS TO LEGAL SUFFICIENCY) " b~ t n ~A<--, ,"- ~. ' City Attorney's Office CA 11132 R-3 May 20, 2009 ,I III I I " r. r" ft (01 \~.~ (t\~..\, .~~ "1..1, -"~"""",~.,, --'".f-' ~~,,;~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over thirteen (13) City-owned properties in the Interfacility Traffic Area (ITA) to be excess property and authorize the City Manager to convey same to the United States of America MEETING DATE: May 26,2009 . Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Inter-facility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easements") over property the City acquires in the ITA, and the Navy would pay to the City the fair market value of the restrictive easement up to 50% of the City's acquisition cost of each ITA property. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding in the amount of $4,050,000, through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. The City has acquired the following thirteen (13) properties in the ITA: Address/Location Size GPIN Former City's Cost Purchase Funds to Be (acres) Owner to Price from Returned to Acquire Navy for Commonwealth Easement 3592 Indian River Road 51.84 1483-38-6300 Potter $1,447,349 $723,674.50 N/A 2561 Salem Road 18.45 1484-22-6306 AGAR, $1,400,000 $700,000 $350,000 LLC Salem Road 12.428 1484-21-5994 AGAR, (included in (included in (included in LLC above above above amount) amount) amount) Salem Road Parcel B 17.38 1484-41-0190 Salem Rd. $1,300,000 $650,000 $325,000 Assoc. Salem Road Parcel A 1.11 1484-30-8994 Salem Rd. (included in (included in (included in Assoc. above above above amount) amount) amount) Salem Road 9.56 1484-31-9964 Salem Rd. (included in (included in (included in Assoc. above above above amount) amount) amount) Salem Road 16.526 1483-59-8490 MillDam $1,258,197 $629,098.50 $314,549.25 Landing Assoc. Salem Road 1.531 1484-50-8055 MillDam (included in (included in (included in I I Landing above above above amount) Assoc. amount) amount) Salem Road 23.882 1484-60-3726 MillDam (included in (included in (included in Landing above above above amount) Assoc. amount) amount) Landstown Road 31.85 1484-61-2506 Est. $1,134,000 $567,000 $283,500 ofG. Brockett Salem Road 19.733 1484-21-6047; . Est. $740,808 $370,404 $185,202 ofG. Brockett 2433 Salem Road 2.072 1484-23-6232 A.O.S. $785,000 $203,125 N/A 2437 Salem Road 6.137 1484-23-8037 A.O.S. (included in (inclucltKl in N/A above above amount) amount) 212.526 $8,065,354 $3,843,302 $1,458,251.25 . Considerations: By Ordinance 3000B, adopted on September 25, 2007, the City approved the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements, which form is attached as an exhibit to the Encroachment Partnering Agreement. The Restrictive Easements to be conveyed would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of these Restrictive Easements would recoup for the City and the Commonwealth up to 50% of the purchase prices paid for these ITA acquisitions, for a total amount of $3,843,302. . Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virainian-Pilot Beacon. . Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. . Revenue restriction: The City funded the acquisition of ten (10) of the ITA properties listed above (as noted in the far right column in the above table) through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds needed to acquire the properties. Fifty percent (50%) of the proceeds from the sale of the Restrictive Easements over these ten (10) properties will be deposited into the Oceana and ITA Conformity and Acquisition Project (CIP #9-060) and will be refunded to the Commonwealth. The balance of the funds from the sale of the RestrictivE~ Easements will be appropriated to the Various Site Acquisitions CIP # 3-368. . Attachments: i III I i Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement Recommended Action: Approval of the Ordinance ~ /1/ /:J , Submitting Department/Agency: Public Works/Real state f: ~.~ City Manager: ~t S. ~.1k-,.f~ "I I 1 2 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 3 THIRTEEN (13) CITY-OWNED PROPERTIES IN THE 4 INTERFACILlTY TRAFFIC AREA (ITA) TO BE EXCESS 5 PROPERTY AND AUTHORIZE THE CITY MANAGER TO 6 CONVEY SAME TO THE UNITED STATES OF AMERICA 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of thirteen (13) 9 certain parcels of land (collectively, the "Properties") located in the Inter-facility Traffic 10 Area (the "ITA") in the City of Virginia Beach, Virginia, which Properties are identified 11 (by location, size and GPIN) as follows: 12 13 3592 Indian River Road, 51.84 acres, 1483-38-6300; 14 2561 Salem Road 18.45 acres, 1484-22-6306; 15 Salem Road 12.428 Acres, 1484-21-5994; 16 Salem Road Parcel B, 17.38 Acres, 1484-41-0190; 1 7 Salem Road Parcel A 1 .11 Acres 1484-30-8994; 18 Salem Road 9.56 Acres 1484-31-9964; 19 Salem Road 16.526 Acres 1483-59-8490; 20 Salem Road 1.531 Acres 1484-50-8055; 21 Salem Road 23.882 Acres 1484-60-3726; 22 Landstown Road 31.85 Acres 1484-61-2506; 23 Salem Road 19.733 Acres 1484-21-6047; 24 2433 Salem Road 2.072 Acres 1484-23-6232; and 25 2437 Salem Road 6.137 Acres 1484-23-8037; 26 27 WHEREAS, on September 27, 2007, the City and the United States of 28 America, Department of the Navy (the "Navy") entered into an agreement (the 29 "Encroachment Partnering Agreement") to partner to acquire property in the ITA; 30 31 WHEREAS, the terms and provisions of the Encroachment Partnering 32 Agreement provide that the City will sell to the Navy restrictive easements (the 33 "Restrictive Easements") over property the City acquires in the ITA, and in exchange the 34 Navy will pay to the City the fair market value of the Restrictive Easements, up to 50% 35 of the City's acquisition cost of each ITA property; 36 37 WHEREAS, the City acquired the Properties pursuant to the ITA 38 Acquisition Program and the APZ-1/Clear Zone Acquisition Program; 39 40 WHEREAS, the City funded the acquisition of ten (10) of the Properties 41 through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with 42 the City and the Commonwealth each contributing fifty percent (50%) of the acquisition 43 funds; 44 45 WHEREAS, the City Council of the City of Virginia Beach finds that the 46 Restrictive Easements over the Properties are in excess of the City's needs and finds 47 that the sale of the Restrictive Easements over the Properties to the Navy, pursuant to 48 the terms of the Encroachment Partnering Agreement entered into in 2007, will allow 49 the City and the Commonwealth to recoup up to 50% of the purchase price of these 50 Properties; 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 53 OF VIRGINIA BEACH, VIRGINIA: 54 55 1. That Restrictive Easements over the following Properties located in the 56 ITA are hereby declared to be in excess of the needs of the City of Virginia Beach: 57 58 3592 Indian River Road, 51.84 acres, 1483-38-6300; 59 2561 Salem Road 18.45 acres, 1484-22-6306; 60 Salem Road 12.428 Acres, 1484-21-5994; 61 Salem Road Parcel B, 17.38 Acres, 1484-41-0190; 62 Salem Road Parcel A 1.11 Acres 1484-30-8994; 63 Salem Road 9.56 Acres 1484-31-9964; 64 Salem Road 16.526 Acres 1483-59-8490; 65 Salem Road 1.531 Acres 1484-50-8055; 66 Salem Road 23.882 Acres 1484-60-3726; 67 Landstown Road 31.85 Acres 1484-61-2506; 68 Salem Road 19.733 Acres 1484-21-6047; 69 2433 Salem Road 2.072 Acres 1484-23-6232; and 70 2437 Salem Road 6.137 Acres 1484-23-8037. 71 72 2. That the City Manager is hereby authorized to execute any documents 73 necessary to convey the Restrictive Easements over the Properties to the United States 74 Navy, in substantial conformity with the terms and provisions of the Encroachment 75 Partnering Agreement dated September 27,2007, as amended, and such other terms, 76 conditions or modifications as are deemed necessary and sufficient by the City Manager 77 and in a form deemed satisfactory by the City Attorney. 78 79 3. That the revenue from the sale of each of the Restrictive Easements (up 80 to the total amount of $3,843,302) shall be received by the City and appropriated as 81 follows: 82 83 a) the proceeds from the sale of easements over any property acquired 84 with funds from the Commonwealth of Virginia shall be appropriated 50% to the Oceana 85 and ITA Conformity and Acquisition Project (CIP #9-060) and 50% to Various Site 86 Acquisitions (CIP #3-368); and the City Manager shall thereafter refund the 87 Commonwealth's portion of such revenue in the total amount of $1 ,458,251.25 from CIP 88 #9-060); and 89 90 (b) the proceeds from the sale of easements over any property acquired 91 solely with City funds shall be appropriated to Various Site Acquisitions (CIP #3-368). 92 93 This ordinance shall be effective from the date of its adoption. 94 ,II I 95 Adopted by the Council of the City of Virginia Beach, Virginia, on the 96 day of , 2009. R-1 5/19/2009 CA11015 \ \vbgov .com\dfs 1 \applications\citytawprod\cycom 32\wpdocs\dOO 1 \p004\00011299.doc APPROVED AS TO CONTENT "fir<- C. qUWSfi., blic Works APPROVED AS TO CONTENT ./,,,,>~ ..1 ........-'"? ,l / 'j / ... ,1 . _'./ J J .1,&'" I' ^! .# /F .:~ f .5 fL """" e '/ /' -'i . ~'~-7"<,j ~ IManagemen Services ~....->.,... APPROVED AS TO LEGAL SUFFICIENCY ~ .44 City Attorney's ice , III "I I t EXHIBIT A To Grant of Easement Table from CZO ~ 1804 TABLE 1 - AIR INST ALLA TIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from fabrics, Y Y leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing y Y Printing, publishing, and allied industries y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries y Y Rubber and misc. plastic products; manufacturing y Y Stone, clay and glass products; manufacturing Y Y I Primary metal products; manufacturing Y y Fabricated metal products; manufacturing Y y Professional scientific, and controlling instruments; photographic y y and optical goods; watches and clocks Miscellaneous manufacturing y y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y y Motor vehicle transportation y y Aircraft transportation y y Marine craft transportation y y Highway and street right-of-way y y Automobile parking y y Communication y y Utilities y y Other transportation, communication and utilities y y Trade Wholesale trade y y Retail trade - building materials, hardware and fann equipment y Y Retail trade - general merchandise y y Retail trade - food y y Retail trade - automotive, marine craft, aircraft and accessories y y Retail trade - apparel and accessories y y Services Retail trade - furniture, home, furnishings and equipment Y y Retail trade - eating and drinking establishments y y Other retail trade y y Finance, insurance and real estate services y y Personal services y y ,I III, ,II I " t Cemeteries y y Business services y Y Warehousing and storage Y y Repair services y Y Professional services y y Hospitals, other medical fac. y - , N Nursing homes N -. N Contract construction services y Y Government services y Y Educational services y N Miscellaneous y y Cultural, entertainment and recreational Cultural activities (& churches) y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls y N . Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities y y Indoor recreational facilities y y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation y N Resource Production and Extraction Agriculture (except live stock) y y Livestock farming y N Animal breeding y N Agriculture related activities y y I I 1 I' .. . Forestry activities y y Fishing activities Y Y Mining activities Y y Other resource production or extraction Y Y .~ II III' ,'I I SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Aareement: The term of the agreement is 5 years, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised value of the restrictive easement or 50% of the City's fee simple purchase price, whichever is less. After the appraisals are completed, the City can decide on a case- by-case basis whether to sell an easement to the Navy. 3. The Navy will fund this arrangement with $3 million 1, plus the Marshview property (the Navy will convey Marshview, in fee, to the City in exchange for the City placing restrictive easements over its ITA properties). 4. The Navy and the City will share the costs of the appraisals. 5. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. J Increased to $4,050,000 by ORD-3053C adopted September 23,2008 and by the Amended Encroachment Partnering Agreement entered into on December 23,2008. I III ,'I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Theme Restaurants, Inc., t/a II Giardino Ristorante, Two Franchise Agreements for An Open Air Cafe in the Resort Area MEETING DATE: May 26,2009 . Background: On April 30, 2004, Theme Restaurants, Inc., t/a II Giardino Ristorante ("II Giardino"), was granted two franchise agreements for (1) an Atlantic Avenue Side Walk cafe and (2) an Atlantic Avenue Side Street cafe, located at 910 Atlantic Avenue (collectively, "franchise agreements"). The franchise agreements expired in. 2005 and were not renewed by the City because the cafe did not comply with the Open Air Cafe Regulations ("Regulations"). The cafe was constructed as a permanent structure with a solid roof, side walls, flooring, and heating and air conditioning. The Regulations require that open air cafes be constructed with canvas roofs, removable side walls, and non-permanent flooring. In an effort to bring II Giardino into compliance with the Regulations, City Council granted II Giardino two short-term franchise agreements on September 2, 2008. The franchise agreements were conditioned upon II Giardino removing the existing, non-conforming cafe structure by December 31, 2008, and any new structure built by II Giardino was required to fully comply with the Regulations. Theme Restaurants was not in compliance with the Regulations on December 31, 2008. On January 13, 2009, City Council approved two additional short-term franchise agreements to allow Theme Restaurants until April 30, 2009 to bring the cafe into compliance with the Regulations. . Considerations: Theme Restaurants recently completed construction of a new open air cafe. The new structure complies with the Regulations. Theme Restaurants is currently seeking two (2) five-year franchise agreements for the operation of (1) an Atlantic Avenue Side Walk cafe; and (2) an Atlantic Avenue Side Street cafe. . Public Information: A public notice will be published in a newspaper of general circulation on May 17,2009 and May 24,2009. . Attachments: Ordinance Recommended Action: Approval .' Submitting Department/Agency: Convention & Visitor Bureau ~ e City Manager~ k-, 93~ , I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE GRANTING THEME RESTAURANTS, INC., T/A IL GIARDINO RISTORANTE, T'NO FRANCHISE AGREEMENTS FOR AN OPEN AIR CAFE IN THE RESORT AREA WHEREAS, by resolution adopted November 15, 1985, City Council ("Council") authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property; and WHEREAS, the City has developed a franchise agreement for the regulation of open air cafes, which grantees are required to execute as a condition of the grant; and WHEREAS, Theme Restaurants is seeking two franchise agreements for the operation of (1) an Atlantic Avenue Side Walk cafe; and (2) an Atlantic Avenue Side Street cafe; and WHEREAS, the Convention and Visitors Bureau recommends that Theme Restaurants be granted two five-year franchise agreements for the operation of an Atlantic Avenue Side Walk cafe and an Atlantic Avenue Side Street cafe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby grants two five-year franchise agreements to Theme Restaurants, Inc., t1a \I Giardino Ristorante, subject to the terms and conditions of the franchise agreements and all ordinances, resolutions, and regulations applicable to open air cafes. Adopted by the City Council of Virginia Beach, Virginia on this 2009. day of May, A9LfIO~ Convention and Visitors Bureau Appro~ed as to Legal Sufficiency: - !L- City Attorne f Office CA11125 R-4 May 12, 2009 II 1111 ,II I ,:~~~it4~ /f""'/~;"":~,~" i;J, .,>). \~.:.,~,~::;:,: ,;f.J .................:.t'"' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a short-term lease (4 months) with the Dolphin Run Condominium Association, Inc., a Virginia non-stock corporation, for a 0.09-acre parcel of City-owned land located at 3rd Street and Atlantic Avenue MEETING DATE: May 26,2009 . Background: The Dolphin Run Condominium Association, Inc., a Virginia non-stock corporation (the "Dolphin Run Condominiums") would like to lease a 0.09-acre of property from the City of Virginia Beach (the "City") located at the corner of 3rd Street and Atlantic Avenue. The City acquired the land in the Rudee Loop area. Dolphin Run Condominiums has leased this property from the City each year since the City acquired it in April 2004. When the City of Virginia Beach acquired this land, it was understood that Dolphin Run Condominiums desired to continue leasing the land until the City was ready to use it for future City projects. This parcel will be used by the Dolphin Run Condominiums to augment vehicular parking for guests staying at its establishment. . Considerations: This lease would be for a term of four months from May 15, 2009 to September 15, 2009. The City has a thirty-day (30) 'termination clause in the event that City needs the land prior to the termination of the lease. . Public Information: Advertisement of Public Hearing in The Virginian- Pilot Advertisement of City Council Agenda . Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement or deny leasing of subject premises. . Recommendations: Approval . Attachments: Ordinance Location Map Summary of Terms Recommended Action: Approval I(;i) J Submitting Department/Agency: Management ~s I Facilities Management Office CltyManager:~~ k~~ II 1111 ,II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SHORT -TERM LEASE (4 MONTHS) WITH THE DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC., A VIRGINIA NON-STOCK CORPORATION, FOR A O.09-ACRE PARCEL OF CITY-OWNED LAND LOCATED AT 3rd STREET AND ATLANTIC AVENUE WHEREAS, the City of Virginia Beach ("the City") is the owner of that certain 0.09 acre of land located at 3rd Street and Atlantic Avenue, Virginia Beach, Virginia (the "Premises"); WHEREAS, the Dolphin Run Condominium Association, Inc. ("Dolphin Run"), a Virginia non-stock corporation, has agreed to pay the City $4,320 for the use ofthe Premises for a four-month period; WHEREAS, Dolphin Run would like to enter into a formal lease arrangement with the City for use of the Premises shown on Exhibit A; WHEREAS, the Premises will be utilized as an overflow parking lot for the registered guests of Dolphin Run, and for no other purpose; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of less than five years, between the Dolphin Run Condominium Association, Inc., a Virginia non-stock corporation, and the City, for the 0.09 acre of land located at 3rd Street and Atlantic Avenue (the "Premises") in accordance with the Summary of Terms attached hereto as Exhibit B and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day of I I CA-10989 R-1 5/13/09 \ \vbgov.com\dfs 1 \applications\citylawprod\cycom32\Wpdocs\D007\P005\OOO 11835. DOC APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~ ~\ NIk Signatur si~bsLt1- 1)M S / Ae,.:( .-h~> Pl ~L Department' II 1II1 Ii I I EXHIBIT B SUMMARY OF TERMS LEASE FOR THE USE OF 0.09 ACRE CITY-OWNED PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09-acre parcel of City-owned property located at the corner of 3rd Street and Atlantic Avenue, known as GPIN: 2427-32-0138 TERM: May 15,2009 through September 15,2009 RENT: Rent shall be 54,320, payable either in a lump sum or in equal monthly installments of 51,080. RIGHTS AND RESPONSmILITIES OF DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.: . WiD use the Premises for overflow parking for its guests and for no other purpose. . WiD keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manneOr. . WiD maintain commercial generalliabiHty insurance coverage with policy limits of not less than one miDion dollars (51,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. . WiD maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars (5500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. . WiD assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of tbe Lessee or its agents, etc. associated with the use of the Premises. . WiD comply with aU applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSmILITIES OF THE CITY: . WiD have access to the Premises at any time, without prior notice, in the event of an emergency or public necessity. I I . Will have the right to require Dolphin Run Condominium Association, Inc. to surrender possession and control of the Premises to the City upon forty-eight (48) hours' notice in the discharge ofthe City's powers, purposes, or responsibilities. . Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing thirty (30) days' written notice to Dolphin Run Condominium Association, Inc. I I CITY OF VIRGINIA BEACH - SPOT BLIGHT MOD~~~ fe-tole Cit'V of Viruinia Beach f-lL J ~) 1t1::ZIQ -j II 1 \ \ I JJ -=-- ~~ 0 ~;=::: W L r=-- '-" GOI'J'JL"iORS It'AY ~. ::.J ~-l~l-tUJ:J ~c r"" ~ r:;"1 r6 ~~.. -r Tr]11\ E: H l'-ITI ~ ~ Ol ~7:;~'q Ktf ~ ~ ~. ~ 0 ~ ~iIE. ~ wAU< i; ~\ D r ~ 6 [-, ~" io- ~g ~8~\l:t~ L....J ~()i L ~ ~ ~ ~ ~ _ -1fii>\lLr' ~ f-.-A ] j ~r ~ \... '- _ ~8 l:- 0 W I~~ \~"1 )9~~ I~II h-F ~.~ t: f"''''ci- ~~ ~ Iff 7s ilb;II:E1 JI~ nt.,Ct l.'v.;- ~'~J)]R ~J ~. ~~ II~II o~TT II' ." ~ ~~ 9;-LJ/" ~QJ7 ~ ~ ~ ~~ ~~,.,... \r~tJi,~'h~ fJJ ('~~~]~A rn ~'I l -Jl /It! II ~!J ~~ hd~ r\ "~ h_ b'r. <- o.~A '1qr"~/; \1" ~ W~)- T1 / _ ~ 1l0.- .~ d~o., ~ r--.\~ ~ -== ~ ~..u..r- RD. -.::: () /' ~}V t=; ~ '( ;Co GO Q"'~ [~ ~~j I, J /~ ~~ ~~/!f(P~~~ Spot Blight Relevant Information: · Rose Hall District · This property is the subject of possible acquisition under the "spot blight authority" provided for under Section 16-39 of the City Code. It is being recommended for acquisition due to its existing condition and its continuing status as a 'problem property.' · Under the process required by the City Code, both the Planning Commission and the City Council must hold public hearings, determine that the property meets the definition of blight, and that the owner has failed to remedy or present a plan to remedy the blight. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). Consent agenda II III1 '''''''''11",_.1'111' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Spot Blight Abatement Determination, 620 Counselor Square. ROSE HALL DISTRICT. MEETING DATE: May 26,2009 . Background: This property is the subject of possible acquisition under the "spot blight authority" provided for under Section 16-39 of the City Code. It is being recommended for acquisition due to its existing condition and its continuing status as a 'problem property.' . Considerations: Under the process required by the City Code, both the Planning Commission and the City Council must hold public hearings, determine that the property meets the detrnition of blight, and that the owner has failed to remedy or present a plan to remedy the blight. The property was placarded as unsafe on June 26, 2007, as it was vacant and the roofing system was collapsing. Since January 2002, the Department of Housing and Neighborhood Preservation (DHNP) I Code Enforcement Division has issued 28 notices of violation, including 25 property maintenance notices and three notices for exterior code violations. The property owner has responded to none of these notices. As a result, DHNP/Code Enforcement has been maintaining the exterior of the property. There was no opposition to this request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval to the City Council. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning'Department .1 \)J City Manager: ~\ k. ~~ ~ ,I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 . 41 42 43 44 45 46 47 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING ' THAT THE PROPERTY AT 620 COUNSELOR SQUARE BE DECLARED BLIGHTED AND THE PROPERTY ACQUIRED WHEREAS, the property located at 620 Counselor Square in the City of Virginia Beach ("the Property") was placarded as unsafe and the owner, Marlena Evans, notified by mail of the violations of the Property Maintenance Code; WHEREAS, the violations were that the Property was vacant and open, and that the roofing system was collapsing; . , WHEREAS, since January 2002, the Department of Housing and Neighborhood Preservation ("DHNP") has issued 28 notices of violations, and the owner has responded to none of these; WHEREAS, the initial spot blight letter requesting the owner to present a plan within 30 days was issued January 6, 2009, and there has been no response; and WHEREAS, DHNP's plan for the Property is that the property should be acquired by the city and then resold. The structure should be brought into code compliance by the new owner; as either owner occupied or resold for rent as a quality, affordable housing unit. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. 36-49; That the Property is blighted, within the meaning of Virginia Code Section 2. That the owner of the Property has failed to cure the blight or present a reasonable plan to do so; 3. That the plan for the repair or other disposition of the Property is in accordance with the Comprehensive Plan, City Zoning Ordinance and other applicable land use regulations; and 4. That the Property is not located within an area listed on the National Register of Historic Places; FURTHER, THE PLANNING COMMISSION RECOMMENDS: That the City Council approve the plan presented by the Department of Housing and Neighborhood Preservation for the repair or other disposition of the Property, to-wit: The property should be acquired by the city and then resold. The structure should be brought into code compliance by the new owner; either as owner occupied or resold for rent as a quality, affordable housing unit. This recommendation is based on the II 1II1 II - 'II I 48 appraised value of the property, on the type and cost of comparable housing in the 49 area, and on the very unusual opportunity to provide affordable housing. 50 Adopted by the Planning Commission of the City of Virginia Beach, Virginia on the day of ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,L- I I #1 April 8, 2009 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH PROPERTY OWNER: MARLENA EVANS REQUEST: Spot Bliqht Abatement Determination STAFF: Wells Freed, Dept of Housing and Neighborhood Preservation Sharon Prescott, Dept of Housing and Neighborhood Preservation ADDRESS I DESCRIPTION: 620 Counselor Square GPIN: 1486269112 ELECTION DISTRICT: BAYSIDE SITE SIZE: AICUZ: 2,416.03 square feet Less than 65 dB DNL SUMMARY OF REQUEST This property is the subject of possible acquisition under the "spot blight authority" provided for under Section 16-39 of the City Code. It is being recommended for acquisition due to its existing condition and its continuing status as a 'problem property.' Under the process required by the City Code, both the Planning Commission and the City Council must hold public hearings, determine that the property meets the definition of blight, and that the owner has failed to remedy or present a plan to remedy the blight. The property was placarded as unsafe on June 26,2007, as it was vacant and the roofing system was collapsing. Since January 2002, the Department of Housing and Neighborhood Preservation (DHNP) / Code Enforcement Division has issued 28 notices of violation, including 25 property maintenance notices and three notices for exterior code violations. The property owner has responded to none of these notices. As a result, DHNP/Code Enforcement has been maintaining the exterior of the property. CITY OF VIRGINIA BEACH - SPOT BLIGHT Agenda Item 1 Page 1 II I1I1 Kev Facts - 620 Counselor SQ. Date Determined Unsafe June 26, 2007 Number of Code Enforcement Notices Issued 28 Assessed Value $138,800 Land Value $62,700 Building Value $76,100 Delinquent Taxes $4,248 Liens Due $3,976 Estimated Repairs Needed $42,000 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Townhouse SURROUNDING LAND USE AND ZONING: North: South: East: West: . Townhouse / A-12 Residential District . Townhouse / A-12 Residential District . Townhouse / A-12 Residential District . Townhouse / A-12 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: Developed site. No known significant natural resource or cultural features. EVALUATION AND RECOMMENDATION Plan for Use of Prooertv - The initial notice in the spot blight process was issued on January 6, 2009, notifying the property owner that they must present a plan to correct blighted conditions within thirty days. To date, there has been no response from the owner to this notice. If a spot blight determination is made, the City can proceed with a plan for use of the property. Staff concludes that the property should be acquired by the City. It is recommended that the property should then be declared as excess property and offered for sale. The rehabilitation requirements to bring the property into compliance with the Code can be part of the sales agreement. Once fully rehabilitated by the new owner, the property could be owner-occupied or resold as a quality, affordable housing unit for either owner-occupancy or rental. The Department of Housing and Neighborhood Preservation will monitor the rehabilitation to ensure the property is brought into full Code compliance. This recommendation is based on the assessed value of the property, on the type and cost of comparable CITY OF VIRGINIA BEACH -- SPOT BLIGHT Agenda Item 1 Page 2 I I housing in the area, and on the very unusual opportunity to provide affordable housing. It is recommended that Public Works Real Estate handle the advertising and sale of the property. Cost and Fundina - Total cost to the City will include acquisition, advertising, legal and appraisal costs, possible short-term holding costs, and repair costs to stabilize the property until it is resold. The following charts provide a cost estimate based on the City's assessed value and the estimated repair costs. Cost Estimates Item Amount Explanation Advertising, legal, appraisal $4,000 and holdinQ costs Acquisition Cost $110,500 Appraised value of $152,500 when fully repaired, less est. repair cost of $42,000 Contingency for unanticipated 2,500 expenses Total Project Cost $117,000.00 Funding Requirements Amount $13,000 $104,000 $117,000.00 Use of Disposition Proceeds Amount endent on sale rice Use Reimbursement of appropriation The Planning Commission is required to make the following findings to make a spot blight determination: 1. Is the propertv bliqhted? The property meets the criteria for blight as outlined in the Spot Blight Ordinance adopted by City Council as noted below. . This property has been vacant for over seven years. . This property has been the subject of 28 Code enforcement notices in the past seven years. . The property is in poor condition and is affecting adjacent properties. The roofing system is compromised and the property is an eyesore to the neighborhood. The owners of this property have consistently failed to maintain the property. . The owners of this property are in arrears in their taxes and owe $3,976.51 in liens to the Department of Housing ~nd Neighborhood Preservation. 2. Has the owner cured the blioht or presented a reasonable plan to do so? No. On January 6. 2009, the property owner was issued a notice that they must present a plan to correct blighted conditions within thirty days. To date, there has been no response from the owner on this notice. CITY OF VIRGINIA BEACH - SPOT BLIGHT Agenda Item 1 Page 3 II I1I1 "",".-.li".-IH I' 3. Is the City's plan for repair or disposition in accordance with the Comprehensive Plan and the Zonina Ordinance? After acquisition, the City would issue a Request for Proposals (RFP) for the sale and rehabilitation of the property. The entire structure would be required to be brought into compliance with all applicable codes. Any code violations present on the exterior premises would also be required to be corrected (such as junk, weeds, fencing, accessory structures, etc.) The RFP would allow a contractor or private individual to purchase and rehabilitate the structure, with the final disposition of the property being as an owner-occupied home. Based on the adjoining property values, this property would be affordable to households at 80% to 100% of area median income. 4. Is the property within an area listed on the National Reaister of Historic Places? No. In conclusion, Staff recommends that the Planning Commission make a determination of spot blight for this property, and that the proposed plan for disposition be forwarded to City Council with a recommendation for approval. CITY OF VIRGINIA BEACH - SPOT BLIGHT Agenda It ern 1 Page 4 I I AERIAL OF SITE LOCATION CITY OF VIRGINIA BEACH.... SPOT BLIGHT Agenda Itefn 1 Page 5 II I1I1 III ------11--1'1-1-1' CITY OF VIRGINIA BEACH - SPOT BLIGHT Agenda Item 1 Page 6 I I CITY OF VIRGINIA BEACH - SPOT BLIGHT Agenda It~rn 1 Page 7 II c\iY Of VIRGINIA BEACH - SPOT BUGHi Agenda \tem - page: I I Department of Housing and Neighborbood Preservation Housing Development Division Estimate Sheet -LMt/pfIIZMd> GPlNf# (P(fJ ~ ~ David W. Acker.all D'ttA Propmy Address COtu1nIdioa s~ #ofStorict~ StndllreT1Pctl.lF I#QfBedroom.s~ YearBuUt1L~YES~ C..ditioas Obscrveel , Flrir KJ l- ..l~!L,-di._ EXTERIOR Roof aad Gatten Ie' ._...._...,..~ _....~,.,~";,i'" ........................_m............. ~._....~.. ~ ,..........: .. Z..;o-.... ~......; .ll~...........i ..~! tJ uS -~....-"J'.,..:::..................'-,.........;. ,. . '. ;;?" -4.~ "'........- ....~,...... ...._~,__~L'I0...._.... '~.~. I I 1'~._~;~u~.t~~,..... Current Assessment .E(..~..IIII tJ? #1,9 (p~"1D "721 IDO /17, 7()t) ---~rr;977-HaZ l6f- ~'K~-- _.1 CITY OF VIRGINIA BEACH - SPOT BLIGHT Agenda Item 1 Page 9 .11 I ARTICLE VI, HOUSING AND BUILDING MAINTENANCE CODE Page 1 of2 ARTICLE VI. HOUSING AND BUILDING MAINTENANCE CODE Sec. 16-39. Spot blight abatement. (a) The City of Virginia Beach, in accordance with Code of Virginia sections 36-49,1:1 et seq, may acquire or repair any blighted property, as defined in (b) below, by exercise of the powers of eminent domain provided in title 25,1 of Code of Virginia, and further, shall have the power to hold, clear, repair, manage, or dispose of such property for purposes consistent" .with this section. In addition, the city may recover the cost of any repair or disposal of such property from the owner, or owners of record at their last known address as contained in the recor.cls of the treasurer or the current real estate tax assessment records, (b) "Blighted property" means any individual commercial, industrial, or residential structure or improvement that endangers the public's health, safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, or any structure or improvement previously designated as blighted under the process for determination of "spot blight". (c) The city manager or his designee shall make a preliminary determination that a property is blighted in accordance with this section, The city manager or his designee shall notify the owner, or owners of record as determined in (a) above, specifying the reasons why the property is considered blighted, The owner or owners shall have thirty (30) days from the date the notice is sent within which to respond in writing with a spot blight abatement plan to address the blight within a reasonable time. A spot blight abatement plan is a written plan prepared by the owner or owners of record of the real property to address spot blight. (d) If the owner or owners of record fail to respond within the thirty-day period with a written spot blight abatement plan that is acceptable to the city manager or his designee, the City may (i) request the planning commission to conduct a public hearing and make findings and recommendations that shall be reported to city council concerning the repair or other disposition of the property in question and (ii) in the event a publiC hearing is scheduled, shall prepare a written spot blight abatement plan for the repair or other disposition of the property. (e) No spot blight abatement plan shall be effective until notice has been sent to the property owner or owners of record as determined in (a) above and an ordinance has been adopted by city council. Not less than three (3) weeks prior to the date of the public hearing before the planning commission, the commission shall provide by regular and certified mail, notice of such hearing to (i) the owner of the blighted property or the agent designated by him for receipt of service of notices concerning the payment of real estate taxes within the locality; (ii) the abutting property owners in each direction, including those property owners immediately across the street or road from the property; and (iii) the representative neighborhood association, if any, for the immediate area, The notice shall include the plan for the intended repair or other disposition of the property, The notice of the public hearing shall be published at least twice, with not less than six (6) days elapsing between the first and second publication in a newspaper published or having general circulation in the locality in which the property is located, The notice also shall be posted on the property, The notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six (6) days nor more than twenty-one (21) days after the second publication, (f) The planning commission, at this public hearing, shall determine whether: (1) The property is blighted; (2) The owner has failed to cure the blight or present a reasonable plan to do so; http://library4,municode,com/default-test/DocView/10 122/1/1 09/115 3/31/2009 CITY OF VIRGINIA BEACH - SPOT BLIGHT Agenda Itepl1 Page 10 ARTICLE VI, HOUSING AND BUILDING MAINTENANCE CODE Page 2 of2 (3) The plan for the repair or other disposition of the property is in accordance with the city's comprehensive plan, and the comprehensive zoning ordinances; and (4) The property is located within an area listed on the National Register of Historic Places, In such instances, the planning commission shall consult with the architectural review board, regarding the proposed repair or other disposition of the property by city council, (g) The planning commission shall report its findings and recommendations concerning the property to city council. City council, upon receipt of such findings and recommendations, may after an advertised public hearing, affirm, modify, or reject the planning commission's findings and recommendations, If the repair or other disposition of the property is approved, the city manager or his designee may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and applicable law. If the ordinance is adopted by city council, the city shall have a lien on all property so repaired or acquired under an approved spot blight abatement plan to recover the cost of (i) improvements made by the city to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any, The lien authorized by this section shall be filed in the circuit court of the City of Virginia Beach and shall be subordinate to any prior liens of record, City council may recover its costs of repair from the owner or owners of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner or owners. If the property is acquired by the city through eminent domain, the cost of repair may be recovered when City council sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale. (h) If the blighted property is occupied for personal residential purposes, city council, in approving the spot blight abatement plan, shall not acquire by eminent domain such property if it would result in a displacement of the person or persons living in the premises, The provisions of this subsection shall not apply to acquisitions, under an approved spot blight abatement plan, by the city of property which has been condemned for human habitation for more than one year, In addition, if the city is exercising the powers of eminent domain in accordance with title 25.1 of Code of Virginia, it may provide for temporary relocation of any person living in the blighted property provided the relocation is within the financial means of such person. (i) In lieu of the acquisition of blighted property by the exercise of eminent domain and in lieu of the exercise of other powers granted in subsections (a) through (g), city council by ordinance, may declare any blighted property to constitute a nuisance, and thereupon abate the nuisance pursuant to Code of Virginia section 15.2-900 or section 15,2-1115, Such ordinance shall be adopted only after written notice by certified mail to the owner or owners of the property at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records, 0) The provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law, (Ord. No, 2613,9-12-2000; Ord, No, 2963,11-28-06) http://library4,municode,comJdefault-testIDocView/10122/1/109/115 3/31/2009 CITY OF VIRGINIA BEACH..... SPOT BUGHT Agenda Item 1 Page 11 "I I Item # 1 City of Virginia Beach Spot Blight Abatement Determination 620 Counselor Square District 4 Bayside April 8, 2009 REGULAR Janice Anderson: The last items are the items that we're going to hear, and as soon as the majority gets out the door, we'll get started on that. Don Horsley is the Secretary of the Planning Commission, but he is out today. So, Gene Crabtree has volunteered to be our Secretary. I believe the first matter to be heard is agenda item 1. That's the application of the City of Virginia Beach for Spot Blight Abatement on property at 620 Counselor Square. Could the applicant come forward? Wells Freed: Good afternoon Madame Chair and members of the Commission, my name is Wells Freed. I'm the Code Enforcement Administrator for the Virginia Beach Department of Housing and Neighborhood Preservation. I'm here today to provide some background on this case. Provided in the written packet is a description of the proposal. This property has been a long term problem property. It was condemned in June 2007 for being open and vacant. And at this time it is considered unsafe, and is starting to become structurally unsound. Since 2007, our department has issued 25 property maintenance notices and three notices for exterior code violations. The property owner has not responded to any of these notices. We have issued summons to the property owner, who currently lives in Pennsylvania, and the summons at this time are outstanding and are unserved. The Police Department has been involved with this case. They have expressed their concern to us regarding the nuisance that this property presents. A~ you can see from the pictures that we have provided, the front and rear exterior roofing system is failing. It has allowed a large pigeon population to inhabit the property, which is a potential health risk to the neighbors. The interior surfaces of the property are subject to severe water damage and mold infestation. There is also evidence of termite infestation imposing a risk to the structure and to the adjoining units as well. The exterior is subject to continual abatement processes by our department to include the removal of severe poison ivy growth and noxious weeds and grass. At this time, we have exhausted all possible avenues to obtain compliance from the owner. Without prompt intervention to prevent further deterioration, health and safety hazards will become more severe. Therefore, I'm before you today based on the current Spot Blight Abatement Ordinance, and requesting that the Commission make the following determinations. One, that the property is blighted; two, that the owner has failed to cure the blight or present a plan to do so; and three, the plans to repair or dispose of the property is in accordance with City's Comprehensive Plan and Zoning Ordinances. This plan is included in the written package that was provided to you. The final determination is that the property is not located within an area listed on the National Register of Historic Places. So, at this time, I would like for Sharon Prescott to come and discuss the abatement plan and disposition. I , Item # 1 Spot Blight Abatement Determination Page 2 Janice Anderson: Thank you. Are there any questions of Mr. Freed at this time? Thank you. Wells Freed: Thank you. Sharon Prescott: Good afternoon Madame Chairman and members of the Commission. My name is Sharon Prescott. I am the Housing Development and Program Administrator for the City's Department of Housing. This property is obviously in need of serious repair. The structure is about 32 years old, which by regulatory standards would be in need of -some major work, but because of the neglect, it is in serious need of work. What we are proposing in the disposition plan is that the City would offer this property for sale. And that the buyer of this property would be required to bring the entire structure to code. The construction and repair would be monitored by not only Permits and Inspection but by our department to make sure that the plan that is proffered by whoever buys this property is fully carried out and the structure is fully stored. And we are recommending that the end results of the property can either be owner occupied or for rent. Janice Anderson: Are there any questions of Ms. Prescott? Go ahead. Ronald Ripley: Sharon, the Department of Housing and Neighborhood Preservation, how often have you invoked both his code as far as enforcement in the City of Virginia Beach? Sharon Prescott: This will be the third property that we have brought to the Planning Commission for a declaration of being a spot blight property. There were two, probably about three years ago that went before the Planning Commission and to City Council that were declared blighted. The City acquired the property through a condemnation process and the properties have since been cured of the blight. Ronald Ripley: Would you consider this your very last result in trying to resolve this housing problem with the City? Sharon Prescott: Absolutely. As Mr. Freed said, we have been trying to work with the owner for several years now to try and get them to respond to notices that Code Enforcement has sent out over a period of years. They just absolutely failed to respond to any of our notices to take any action whatsoever to make any improvements or repairs needed to the structure. This is our last resort. If we don't get a Declaration of Spot Blight, then the house will continue to deteriorate. Ronald Ripley: It's a townhouse. In your opinion, could you remove the townhouse and rebuild it or do you have to renovate the townhouse? Sharon Prescott: At this point in time, the structure is still feasible for rehab. Ifwe don't take action now, it could get to the point where you would have to demolish it, which is problematic within a townhouse situation. Ronald Ripley: Thank you. 'I I Item # 1 Spot Blight Abatement Determination Page 3 Janice Anderson: I just wanted to confirm with you that the owner of the property and your staffhas actually talked to her and you know she has actual notice of these proceedings. She has signed certified receipts? Sharon Prescott: That is correct. Janice Anderson: Okay. Thank you. Are there any other questions? Thank you. Sharon Prescott: Thank you. Eugene Crabtree: Madame Chairman, we have one speaker in support. Nancy O'Shee. Janice Anderson: Welcome. State your name for the record. Nancy O'Shee: I'm Nancy O'Shee. I do live on Counselor Square. Unfortunately, this has been going on for almost ten years, where it has been abandoned. Not only do we have the problem of the property falling apart but we also have rats coming from this property. We also have water damage where it's going into the house because the runoff is going into the property also. My question is how much longer do you think we're going to have to wait for something to be done to this even if you go ahead and agree to have a spot blight done on this home? Janice Anderson: Maybe I get Ms. Prescott. Sharon or Freed? How long is the process? I know that this goes to Council next month. They will have to vote on it, and then the condemnation time. Bill Macali, do you know how long this takes? Sharon Prescott: It's the combination process that will take some time. Bill Macali: Well, when the owner doesn't appear, it takes a lot less time. Once the Council approves it, we have to go ahead and jump through some procedural hoops in a condemnation case. We need an appraisal. We need to make an offer to the property owner. If the property owner doesn't respond, then we have to file the action. Probably more than anything else, it depends on how quickly the court has an available court date, but I can pretty much assure you all that we will make the court aware of the condition of the property and the affect that it is having on the other homes in the area, and ask for a very quick court date. It could be a matter of several months though, but it all depends on when we can get a court date, but we will do everything that we can to expedite the process. Nancy O'Shee: The other problems that we're having are teenagers and adults that go in the home. There is drug abuse going on in there. There are problems in the community as it is. So, this doesn't help it any at all. And the quicker it could be rectified, we really appreciate it. Janice Anderson: Okay. As probably a suggestion if you contact your local precinct. Item #1 Spot Blight Abatement Determination Page 4 Nancy O'Shee: Oh, we have. Janice Anderson: You have? Okay. Nancy O'Shee: We have many a time. I think they're tired of hearing from us. Janice Anderson: Hopefully, this matter will alleviate the problem for you. Nancy O'Shee: Thank you. Janice Anderson: Thank you. Eugene Crabtree: Madame Chairman, there are no speakers. Janice Anderson: I'll open it up for discussion. Joseph Strange; I have a question for Sharon. Janice Anderson: Sharon? Joseph Strange: When something like this happens in a community, the townhouse community, and it is doing damage to the other neighbor's homes, like the water damage that she said. Is there any avenue for them to get some type of restitution for their expenses to get their property fixed? Sharon Prescott: I believe that would be a civil matter. Joseph Strange: A civil matter? So there is no money that comes out of the money you collect? Sharon Prescott: No. Joseph Strange: Okay. Sharon Prescott: I will say we have learned a lot from the first two spot blights, and once the city acquires the property, we will be able to move quickly to dispose of it, and get it under construction. Joseph Strange: Okay. Thank you. Bill Macali: Mr. Strange? There is a remedy. If the person who is suffering the damage sues the property owner and obtains a judgment, that judgment could be recorded and it would provide a lien on the property, which would be taken care of during the condemnation case. More than that, I can't really say because I don't know how quickly that could be done or anything, but there is that legal avenue that is out there. Item #1 Spot Blight Abatement Determination Page 5 Joseph Strange: Yeah. I just think that because of the suffering that the neighbors have gone through in this deal if there is some kind of remedy for them, even if is just a little financial help them with their repairs and stuff. I'm sure they would appreciate any help they could get. So, I just wanted to kind of help them out a little bit there. Janice Anderson: Jay? Jay Bernas: Just as a point, I just wanted to voice my concern that I think that $117,000 that I think is in the plan is high, and as it goes through the condemnation process, I understand that the fair market value as the condition of it exists, is what the City actually pays for it, because I think the City would not want to buy this for $117,000. That is just way too much, and that it should be valued in its current condition, and that is what it should be condemned as. My biggest fear is that the taxpayers footing the bill for a lot of this. We shouldn't be rewarding this person for letting it go down hill, and giving her such a high market value for the property. But I understand that should all be taken care of during the condemnation process. But I just wanted to voice my concern that I think that $117,000 is very high. Janice Anderson: Bill? Bill Macali: Mr. Bernas, I was going to answer what you mentioned. But as you noted, the condemnation award would not be based upon any presupposition that the repairs would be made. In fact, I would suspect that probably when we handle that condemnation case, we would ask either the judge or the commissioners who sit as the jury to take a look at the property, which is permitted, and that will sure have quite an effect on them in determining the value, which we expect to be considerably less than $117,000. Janice Anderson: Go ahead Dave. David Redmond: Just very briefly and for the record. I want to echo to what Mr. Bernas said. If! were a neighbor of this property, I would be absolutely furious and up all night concerned with what might be going on in there with vermin, and all those other sort of crime problems. Nonetheless, it is not the citizens of Virginia Beach responsibility to pay large amounts of money to someone who has been derelict in the management and ownership of their own property. I would just hope that we go about this in such a way, expeditiously and quickly and frankly, not just in this case but every single place we find it in the city. My concern is that it seems like it is taking a long time to deal with it. And I know that the neighbors probably feel that too, but in such a way that we don't penalize taxpayers, and have people who are irresponsible in the management of their properties, whether they be vacant or occupied, and think, oh well, the City will come in and throw some money at it and fix it, so I don't have too. I don't want to see that occur in this case. It doesn't sound like listening to Mr. Macali that it will in this case, but I share Mr. Bernas' view, I think probably about 99.9 percent of the taxpayers view, that we be careful not to view this City's coffers as a limitless way to be able to solve this. We ought to do it in the right way and a smart way, and a way that also protects the taxpayers when we go forward. Thank you. Item #1 Spot Blight Abatement Determination Page 6 Janice Anderson: Thank you Dave. Are there any other questions or comments? Bill Macali: Madame Chairman, what's a little unusual about this is there is an actual resolution for the Commission to consider rather than just the usual grant or denying. So, the motion would be to adopt the resolution as it appears in your agenda. Janice Anderson: Okay. Thank you. Do I have a motion? David Redmond; Madame Chairman, I move that we adopt the resolution as it appears in our agenda. Janice Anderson: I have a motion by Dave Redmond and a second by Ron Ripley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has adopted the resolution as indicated in the agenda for the spot blight abatement at 620 Counselor Square. Janice Anderson: Thank you. I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of Property Located at 620 Counselor Square and Appropriating $82,778 to Capital Improvement Project #9-336. MEETING DATE: May 26, 2009 . Background: Section 16-39 of the City Code, entitled "Spot Blight Abatement," authorizes the City to acquire blighted property by eminent domain under certain conditions. The property located at 620 Counselor Square is the subject of this Ordinance. The Department of Housing and Neighborhood Preservation has identified this property as blighted and issued a notice of this determination to the property owner in January of 2009. The property owner received this notice and has failed to respond or submit a reasonable plan for curing the blight. The Planning Commission held a public hearing on April 9, 2008 and made the following determinations: 1) The property was blighted; 2) The owner had not cured the blight and had not presented a reasonable plan to cure it; 3) The City's plan for the property was in accordance with the Zoning ordinance and the Comprehensive Plan; and 4) The property is not located in an area listed on the National Register of Historic Places. As of the date of this agenda request, the owner has neither cured the blight nor submitted a plan to cure it. . Considerations: The property was determined unsafe in June, 2007, as it was vacant and unsecured at that time. Code Enforcement has issued 28 notices of violation including 25 property maintenance notices and the owner has failed to respond to the notices. This property has been the subject of repeated abatement actions by Code Enforcement. The exterior roofing system is failing; and pigeons have infested the 'attic area posing a risk for disease to the residents. . Financial Considerations Staff recommends that the property be acquired and resold, with the goal of recovering all costs of this action. However, the actual resale price will depend on market conditions. . Basic Information about the Property Assessed Value: $138,800 ($62,700 land; $76,100 building) Appraised Value: $83,000 (this value takes into consideration the current condition of the property) Estimated Cost of Repairs: $42,000 Delinquent Taxes Due: $4,302 Liens Due: $3,976 . Public Information: As required by law, the public hearing has been advertised in the local newspaper; in addition, notices have been sent to the owner and to adjacent property owners. . Alternatives: Council can affirm, modify or reject the findings of the Planning Commission. It may authorize staff to go forward with this plan for the disposition of the Property, either in its present form or as modified by the City Council, or decline to grant such authority. . Recommendations: Approval of the attached ordinance, which will affirm the findings of the Planning Commission, authorize the acquisition of the property via eminent domain and appropriate the funds needed for acquisition. . Attachments: Ordinance Recommended Action: Approval ~ Submitting DepartmentlAgency: Dep~~of Housing and Neighborhood Preservation City Manager:~) t . Ce1lO'1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ,I I AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 620 COUNSELOR SQUARE AND APPROPRIATING $82,778 TO CAPITAL IMPROVEMENT PROJECT #9-336 WHEREAS, on April 8, 2009, in accordance with Virginia Code Section 936- 49.1: 1, and following a public hearing, the Virginia Beach Planning Commission made the following findings regarding the property located at 620 Counselor Square, in the City of Virginia Beach (GPIN 1486-26-9112) (the "Property"): 1. That the Property is blighted, within the meaning of Virginia Code Section 936-49; 2. That the owner of the Property has failed to cure the blight or present a reasonable plan to do so; 3. That the plan for the repair or other disposition of the Property is in accordance with the comprehensive Plan, City Zoning Ordinance and other applicable land use regulations; and 4. That the Property is not located within an area listed on the National Register of Historic Places; and WHEREAS, the Planning Commission recommended that the City Council approve the plan presented by the Department of Housing and Neighborhood Preservation for the repair or other disposition of the Property, to-wit: that the Property should be acquired by the City of Virginia Beach through eminent domain and then resold. The structure should be brought into code compliance by the new owner; as either owner occupied or resold for rental as a quality, affordable housing unit; and WHEREAS, the Property has been condemned for human habitation for a period in excess of one (1) year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: FIRST That the City Council hereby affirms the aforesaid findings and recommendations of the Planning Commission; and SECOND That the City Council hereby finds that the Property should be acquired by the City for the preservation of the safety, health, peace, good order, comfort, convenience 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 and welfare of the people of the City of Virginia Beach and other related public purposes, and hereby authorizes the acquisition of the Property in fee simple by purchase or condemnation pursuant to Section ~36.49.1: 1 and Chapter 2 (~25.1-200 et. seq.) of Title 25.1 of the Virginia Code; and THIRD That the City Manager is hereby authorized to make, or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer for the purchase of the Property to the owners or persons having an interest in the Properties. If such offer is refused, the City Attorney is hereby authorized to institute and prosecute proceedings to condemn the Property; and FOURTH That upon acquisition of the Property, the City shall resell the Property for purposes of rehabilitation to a qualified builder, developer or other entity, with appropriate provisions in any such contract of sale to ensure that the property will be timely rehabilitated or reconstructed and thereafter sold to a qualified owner-occupant or as a rental property; and FIFTH That $82,778 is hereby appropriated to Capital Improvement Project #9-336 (Spot Blight Abatement), and estimated revenue from Sale of Property-Spot Blight is hereby increased by $82,778. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: B~~~.~ Management Services of Housing and f od Preservation I APPROVED AS TO LEGA. L I S~~E;/l J V luJ City Attorney CA 11 058/R-6/May 15, 2009 'I I CITY OF VIRGINIA BEACH Spot Blight Report 620 CounselQr Square City Council - OS/26/2009 Staff: Andrew Friedman, Dept of Housing and Neighborhood Preservation The following report is provided as an attachment to the City Council agenda request for this item. LOCATION: GPIN AND OWNER: ~::::::~.:.: .... .......... ~~r:~:~:~:~;~:~:~1~;~l~1f:~~1l*,r,:,~,l~1,~,~,~,1,. :::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::;:;:;::: . '.~.:.:.:.:.:.: Location and General Information "::':"" 620 Counselor Square 14862691120000 Marlena Evans '. '. . ,".' . . . . .. . ......; '~'. . : .' . . . CITY OF VI.f~~lNIABe8CH,' SPP! :alig~t ~~i9.rt :....::,7~~0::::~,.,:: ., .;.;." ",:.: ..... COUNCIL ELECTION DISTRICT: District 3 SITE SIZE: 2,416.03 square feet EXISTING LAND USE: Single-family residential! 1 03 Townhouse SURROUNDING North: . Single-family residential! A 12 Residential District LAND USE AND South: . Single-family residential! A 12 Residential District ZONING: East: . Single-family residential! A 12 Residential District West: . Single-family residential! A 12 Residential District The Windsor Oaks West Townhouse neighborhood is bordered by Windsor Oaks Blvd to the West, Holland Road to the South and Single Family R-75 Residential District to North and East. AICUZ: N!A Key Facts - 620 Counselor Square Date Determined Unsafe June 26, 2007 Number of Code Enforcement Notices 28 Issued Assessed Value $138,800 Land Value $62,700 Building Value $76,100 Appraised Value Based on Current $83,000 Condition Delinquent Taxes $4,302 Liens Due $3,976 Estimated Repairs Needed $42,000 (per third-party repair estimate) ~ . . .' .. '.. .... CITY OF VIR$JNIABEi:CH . Spp~ :f;JHght ~~p'qrt. ., ,. '::e~g~;:2 .. ... ... "... . ..~.. . , , "".." . . ". . ... .. ....... i I II I ._~;;;~~ This property is the subject of possible acquisition under the "spot blight authority," Section 16-39 of the City Code. It is being recommended for acquisition due to its condition and long-term problem property status. Under the process required by the City Code, both the Planning Commission and the City Council must hold public hearings, determine that the property meets the definition of blight and that the owner has failed to remedy or present a plan to remedy the blight. This property was placarded as unsafe on June 26, 2007, as it was vacanU open and the roofing system was collapsing. Since January 2002, the Department of Housing and Neighborhood Preservation (DHNP) I Code Enforcement Division has issued 28 notices of violation, including 25 property maintenance notices and 3 notices for exterior code violations, none of which the owner has responded to. Therefore, DHNP/Code Enforcement has been maintaining the exterior premises. The initial notice in the spot blight process was issued on January 6, 2009, notifying the property owner that they must present a plan to correct blighted conditions within thirty days. To date, there has been no response from the owner to this notice. .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.".:;:::::\;(;1\;\:::::::;\\::::\:\\:::::::::1:;\:\:\\[:l::::;\\\:l::~\~~~~III'jl.jllll Major Issues Plan for Use of Prooertv - The property should be acquired by the city. It is recommended that the property then be declared excess property and offered for sale, with specified rehabilitation requirements to bring the property into code compliance as part of the sales agreement. Once fully rehabilitated by the new owner, the property could be owner occupied or resold without restriction for either owner occupancy or rental. DHNP will monitor the rehabilitation to ensure the property is brought into full code compliance. Cost and Fundina - Our goal for this action is to recover all costs from the proceeds of the resale of the property to a private owner. .. . . .. ... ..,. ... ........ , .....,' ,', .....'.. . .. .. .... .. . ... '" ....... ........... CITY OF VIR~INIAB~CH SPP!alig~~; ~~~qrt.. . ..:.' : :e~g~:::3. ..:... . .. ..... .. . ',......."...." ~ Total costs to the City will include acquisition, advertising, legal and appraisal costs, and possible short term holding costs. The following charts detail the costs and the funding requested to carry out this action. Costs Item Amount Advertising, legal, appraisal and holding costs $2,000 Acquisition Cost Contingency for unanticipated expenses Delinquent Taxes Liens Due Total Project Cost Item Current Spot Blight CIP balance Appropriation requested Total Requested Funding Explanation -, Third-party appraisal based on $83,000 "AS-IS" condition. $2,500 $4,302 $3,976 $95,778 Funding Amount Explanation This amount is unencumbered and can be applied to this $13,000 project once authorized $82,778 $95,778 Use of Disposition Proceeds All funds from the'sale of the property will be used to reimburse the Spot Blight CIP account. The balance in this account can then be applied to future actions, or can be transferred to the general fund, depending on future needs and circumstances. CITY OF VIR~J.NIAB~CH Spp! 't:l1ight R~p.ort" .. . ':Aifg:::::'e 4 .". ...". ...<:.:.... :~: : :' :'.:. ';'" . ,I I "U"~="-"<~~;;h~~ The Comprehensive Plan recognizes this site and the surrounding area as a Primary Residential Area. The policies for this area recognize the need to preserve and protect the character and aesthetic quality of neighborhoods. Planning Commission Action The Planning Commission held a public hearing on April 8, 2009 and made the following determinations: 1. That the property is bliqhted. The property meets the criteria for blight as outlined in the Spot Blight Ordinance adopted by City Council as noted below. . This property has been vacant for over seven years . This property has been the subject of 28.code enforcement notices in the past seven years . The property is in poor condition and beginning to affect adjacent properties. The roofing system is compromised and the property is an eyesore to the neighborhood. The owners of this property have consistently failed to maintain the property. . The owners of this property are in arrears in their taxes and owe $3,976.51 in liens to the Department of Housing and Neighborhood Preservation. 2. That the owner has failed to cure the bliqht and failed to present a reasonable plan to do so. The property owner received notice of the Spot Blight Abatement on January 14, 2009. The notice stated that they must present a plan to correct blighted conditions within thirty days. To date, there has been no response from the owner on this notice. 3. That the City's plan for repair or disposition is in accordance with the Comprehensive Plan and the Zoninq Ordinance. After acquisition the city would issue a Request for Proposal for the sale and rehabilitation of the property. The entire structure would be required to be brought into compliance with all applicable codes. Any code violations present on the exterior premises would also be required to be corrected Uunk, weeds, fencing, accessory structures, etc.) The RFP would allow a contractor or private individual to purchase and rehabilitate, with the final disposition of the property being an owner occupied home or resold as a for owner occupancy or rental. Based on the adjoining property values, this property would be affordable to households at 80 to 100% of area median income. 4. That the property is NOT located within an area listed on the National Reqister of Historic Places. CITY OF VI.f~~J.N1AB~GH, .... Spp~alight f{~P.9rt .... . \:> .'. '..:':e~g~:q. The Planning Commission made the determination of spot blight on this property and recommended that the proposed plan for disposition be adopted by City Council. Attachments: Photographs of the subject property follow .... n. " CITY OF VIR~J.NIABJ;liCH SpptBlight R~p'ort , , ":e~g~::6 .. . ... ..". . . -. ....... . .. .......... . .................,... "I :~:~:~:.:.:~::;~:.:.:::::.:~:::~:::.:.:.:.;.:.:.:.:::.:-;.;.;.;.:::::.;.:::::::::.;.;.;.;.;.:::::::.;.:::::::::.:::::::::::::::;:::::::::;:::::;::::::::::::::::::::::::::::::::::::::::::f:::::::;:;::;:::::::::::::::::::::::: .'.:;:;:;:;:;:::;:: .E'x'.h' ,'b,,]..'ts "~i"~::::,'" '.;.:;::: 1':- . . ... CITY OF VI~~JNIABE.JSCH. Sppt 'Blight R~p'ort.. ." . " 'e~g~:J. I I . .. .. ". .... . -.. ,- ...... ........... CITY OF VIR~JNIABE~GH. SPP!Blight ~~P9rt u' .... ......e$g~:::8 ,. . .. . .. n. .' . . ,I I ~j~ .:.~ CITY OF VIR~lNIABI;4CH SPP!Bli~~~~I~~' . . . . . . . . . . . . . . u ::::;:'}f::@ttm::t::t::t:{:;;:jililill;;ijj::l:~:!ii,~;j:::~':~~:Jiill~I~lri~::::i~I:::l:ll:ii:I::;II:;i:l'i.!!~11:t!II~!I!III:III:::II!I~III:li::.,:I~j,:,I:::::::::,: .'f$tf&~ ...... . ." "= CITY OF VI,R~J.NIABE~CH. Spp! :~I~gh~~,~~ . ...9.. .. .... ....... ......... '," "I I CITY OF VIR~J.NIAB-EliCH Sp~t :Blight R~p.ort.. .' . ':P8~~:'J1 I I CITY OF VI,R$JNIABI;~CH Spp! :t:llight R~p.ort,. .... ..'.P99Et:1.:2 .. . -. . . . II I )m~;: \\\t::it\:r~\ff:::::::::{~li;; . .. .. .. . . .... ......... '.__n' CITY OF VIR~J.NIA:SE;~CH Spp! :alight R~p'ort ... ". '.. ., "P99~;:J~, .<' . .'."::i:::::ii:\W:I((.:lj'I~~::::::::?}i:k;~,;~;:;';:;: ..:::::::::~:::::"-" .. ............................................ ..... ............ CITY OF VI,R~JNIAB~CH Spp!Blight R~P.ort .' .". .Hp~~~:::l1. .11 I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City right of way known as Sandy Bay Drive for James M. Arnhold MEETING DATE: May 26, 2009 . Background: James M. Arnhold has requested permission to construct and maintain three (3) parking areas designed with pavers, stone paving, landscaping, piping and yard inlets, and two (2) 4" conduits into a portion of the City's right of way of Sandy Bay Drive, located adjacent to his property at 4332 Sandy Bay Drive, Virginia Beach, Virginia. The proposed items would be installed in conjunction with the construction of the new residence on Mr. Arnhold's property. . Considerations: Mr. Arnhold has obtained the written support of the adjacent property owners for the proposed encroachments as designed. (See letter dated June 2, 2008 to Mayor Oberndorf). City Staff has reviewed the requested encroachments and has recommended denial of same stating the following: 1. The paver parking areas requested will eliminate the ability of the public to utilize the right of way in this area (i.~. private control of the right of way). Public Works Standard 3.10.4-J states that the maximum allowed width for a driveway apron for a single family residence shall be 20 feet at the property line (the right of way line) and 24 feet at the curb line. The Standard goes on to state that, for homes with three-car (or more) garages, the maximum may go up to, but not exceed, 30 feet at the property line (the right of way line) and 34 feet at the curb. Therefore, utilizing this standard, the three (3) proposed aprons requested and shown on the exhibit drawing submitted will total 48.5 feet and will accommodate five (5) vehicles. There are three (3) unauthorized paved parking encroachments located along Sandy Bay Drive (4328, 4228 and 4224 Sandy Bay Drive). . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. I I . Recommendations: Deny the request for the encroachment of three (3) parking areas designed with pavers, stone paving, landscaping, piping and yard inlets, and two (2) 4" conduits within the City's right of way of Sandy Bay Drive. . Attachments: Ordinance, Agreement, Plat, Support Letter, Pictures and Location Map Recommended Action: Denial of the Ordinance. Submitting Department/Agency: Public Works/Real Est CityManage~" \L.'&s~ , ?, ttf/lp. II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY RIGHT OF WAY KNOWN AS SANDY BAY DRIVE FOR JAMES M. ARNHOLD WHEREAS, JAMES M. ARNHOLD desires to install, construct and maintain three (3) parking areas designed with pavers, stone paving, landscaping, piping and yard inlets, and two (2) 4" conduits within a portion of the City's right of way of Sandy Bay Drive, and located adjacent to his property located at 4332 Sandy Bay Drive, in the City of Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right of way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in 99 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JAMES M. ARNHOLD, his heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for three (3) parking areas designed with pavers, stone paving, landscaping, piping and yard inlets, and two (2) 4" conduits into a portion of the City's right of way as shown on those three (3) maps collectively marked Exhibit "A" and entitled: "EXHIBIT "A", SHOWING ENCROACHMENTS INTO THE RIGHT-OF-WAY OF SANDY BAY DRIVE FOR LOT 48, BA YLAKE BEACH" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and JAMES M. ARNHOLD, (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as JAMES M. ARNHOLD and the City Manager or his authorized designee execute the Agreement. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day 1 I I CA-10991 V;lapplicationslcitytawprodlcycom32lWpdocslD004lP004100011331 ,DOC R-1 PREPARED: 04/22/2009 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM (Y~ll.:l21k~ Nell L. Ford, Special Counsel for the City Attorney 2 ,I I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1st day of April, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES M. ARNHOLD, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 48", as shown on that certain plat entitled: "Baylake Beach" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 31, and being further designated, known, and described as 4332 Sandy Bay Drive, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain 3 parking areas designed with pavers, stone paving, landscaping, piping and yard inlets, and 2 4" conduits, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Sandy Bay Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 1570-81-8343-0000 I I NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the_ Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat, consisting of three (3) sheets entitled: "EXHIBIT "A", SHOWING ENCROACHMENTS INTO THE RIGHT-OF-WAY OF SANDY BAY DRIVE FOR LOT 48, BA YLAKE BEACH" copies of which are attached hereto collectively as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must: be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against ,all claims, 2 II I damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. 3 I I It is further expressly understood and agreed that the Grantee shall not erect signage of any type indicating that the said parking areas as shown on the aforesaid Exhibit (the "Parking Spaces") are private parking, nor shall the Grantee prohibit in any way the usage of those Parking Spaces by the general public, notwithstanding the fact that portions of such Parking Spaces are on private property. Furthermore, the Grantee must allow parking by the members of the general public on any parking area where pavers are installed, except for that portion of the Grantee's driveway necessary to g~in access to the garage. For the purposes of this Agreement, attempts to prohibit the public from parking within the Parking Spaces created by the Temporary Encroachment shall include verbal requests/statements to members of the public not to park in the Parking Spaces, obstructing the Parking Spaces with physical barriers, posting signs stating "no parki ng", "no trespassing", "towing enforced", or similar phrases, asking for vehicles to be towed from such Parking Spaces, or any other action the reasonable effect of which is to prevent or dissuade members of the general public from parking in the Parking Spaces. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JAMES M. ARNHOLD, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 I i CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ,I I TE OF VIRGINIA CITY VIRGINIA BEACH, to-wit: VIRGINIA BEACH. oing instrument was acknowledged before me t . day of CITY OF -, STATE OF y';te-, iN i4 ~ CITY/COUNTY OF YiR..,iAJllI tnrJ/tO-Wit: The foregoing instrument was acknowledged before me this J $r day of , , Ii Il I I' I' Ii .1 i fJf~iL ,2009, by JAMES M. ARNHOLD. /Sjlft~.~ Notary Pu c" (f' Notary Registration Number: 3 ~ 3 1 ~ '1 My Commission Expires: F E ~ e:( 3, ~o I( BETTY C. JENKINS NOT AAY PUBLIC Commonwealth of Virginia Reg. #323757 My Commission Expires Feb. 28, 2011 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~JLul )r(l,J.C~ I I APPROVED AS TO CONTENTS if:~ c ~ 51 NATURE riD kCAJ Gsfde DEPARTMENT /...'0 X:IProjectsIEncroachmentsIApplicantsIArnhold, James MIAgreement Encroachment.doc 8 SEE SHEET 2 FOR DIMENSIONS --------- AND MATERIAL FOR ---- ADDITIONAL eARKI~G- _ _ SEE SHEET 3 FOR LANDSCAPE PLAN WITHIN THE RIGHT-OF-WAY 4336 SANOY BAY DRIVE LOT 47 CPIN 1570-81-7357 N/f JAAlES C. & AlARY ANNE CARLSON ~NS1/ 20040511000734750) ,I I S 63'22'50" E- 100.00 ./ r--- \ \ \ ) J. I 1// // / ---------_..--" tV') I 'r-u i~ I~ I::!- 4328 SANOY BAY DRIVE ,0 " LOT 49 ;=E , CPIN 1570-81-9330 i:::::j AI iJ'f : CJ1 1,,/ I 19 CLARENCE A. & AlARY B. II - HOLLAND (0.B. 1001, Pc. 238) III l1li I III I I ! i -i I --- s --0- S SANDY BAY DRIVE S(5O'R7~ s - M 4.1( (C.() SITE DATA & NOTES _ · THE SUBDIVISION PlAT FOR THIS PROPERlY WAS RECORDED IN MAP BOOK 41, PAGE 31. · GPIN 1570-81-8343, LOT 48 "BAYlAKE BEACH" SITE ADDRESS IS 4332 SANDY BAY DRIVE · ZONING R-15 (SETBACKS: FRONT 30', SIDE 10', REAR 20') THE PROPERlY FALLS IN THE CHESAPEAKE BAY WATERSHED. THE PROPERlY DOES FALL IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE FEMA NFlP FIRM FOR THE CllY OF VIRGINIA BEACH, COMMUNllY PANEL NUMBER 515531-0004E, DATED DECEMBER 5, 1996. THE PROPERlY FALLS IN FLOOD ZONE 'VE"t BASE FLOOD ELEVATIONS 9 - 12. THE PROPOSED DWELUNG IS LOCATED IN A SPECIAL FLOOD HAZARD AREA. EXHIBIT "A" SHOWING 80 ENCROACHMENTS INTO THE RIGHT-OF-WAY I OF feet SANDY BAY DRIVE FOR LQT 48, BAYLAKE BEACH (M.B. 41, PAGE 31) VIRGINIA BEACH, VIRGINIA SCALE: 1 "=40' DATE: 08/29/08 SHEET 1 OF 3 -I/r,-N,-'J. 40 I o scale M M ..)j.--~ 40 EMAIL: cadd@sleimprovemenl.nel Office: 757.671.9000 . Fax: 757.671.9268 eoo Juniper Crescent, Suite A . Chesapeake. Va. 23320 SIA * 0317~ B~ (j)<:r:.. z ~'3 ::5 oouJa.... o::::....,..:J:: a....~l-uJ w t:: \.J-.-lffi(J) 000.-0 Z~.-l~ Q<:r:..<:r:..o \,:;:\-0:::0::: <.l..~uJa.... 9~3~ (jJ t::: ::? o -:z. o~ <..) - " S <- .,-..'5 Bw 0:: 8~ '8r? 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I- t.Y""' Z 00 t5 w ~~ e> 0 ~ > rn to 0:::: W to :: 0:::: W > I- LL ,:c:(e>W 0 We> _ <( 0 ~ zi!= ~<( I 0 I- :s: LL ~ O::::::S 0... u CDo~OCD2?:(~L5 :r: I z >- rn..q- en tJ I:::;:: X(f) 0 ~ a W 12 w en z OJ , <( ..q- :r: t.rJ ~ <( ..q- ~ Z II (/) W en 1-2 <.9 :: :::E C),'--' 0:::: ..-- ::c --'- () >w ~ -l ~ 0....... <( () "<t Q) () Z ~(/) W r<) I- o C'l - I!:!:: I~ - o o I~ I~ l<i o C'l Q) a u fIl ~ = C"'l <"? <"? C"'l ~cci C"'l > en _ -----=~ ~~ ~ 1:: f?i ~ Et--~ ~1 ~~B 'i2.~ ~LL . c..~ "03 . ""e =: <c =1 @8 .~ '.li -0 = => u.J~ -0 en en r-U ~ t:: ~ I ~~ ~ ~ ~ t-- ~ r-. w ..u ~ 8'-1"'"') ~~C) o'~~ ~:$ = (/) co ~ l~ ~ ~ .~ I I June 2, 2008 Mayor Meyera Obemdorf Virginia Beach City Council City Hall Building Virginia Beach, Virginia 23456 SUBJECT: Encroachment Request Located at 4332 Sandy Bay Drive, Baylake Beach, for Mr. James Arnhold - Improved Parking Areas in City Right-Of-Way Dear Mayor Obemdorf: We, the undersigned adiacent property owners. are writing to show our support for Mr. Jim Arnhold's encroachment request for the improved parking areas and columns within the City's right-of-way. Mr. Arnhold has worked closely with the adjacent property owners and advised us of the various details of the construction of this beautiful new residence. We feel that the new home and the additional improvements he proposes will be an excellent addition to the neighborhood. Furthermore, we feel that parking would take place in the identified areas regardless of the materials used within the right-of-way. It can certainly be argued that the materials that Mr. Arnhold proposes greatly enhance the streetscape at this location. Therefore, we strongly support Mr. Arnhold's encroachment request and respectfully ask that City Council consider approving the encroachments as submitted. Sincerely, Name:el-I.\\2.l~j:.. /.4 HvU 1~/1,f) Printed Address: lJ. '2,2v S. AND V ' lD~A-V I~\c VA . ~ ~Acl-I (tiP. :2"3"4 J:J Name: 1" Aw\.0 6.. CAfU-<6~ Printed Address: f~~ b V\1/ni~ ('J~-A-{;.~~ Signed ~l~ .;.~..: ~; ~ ..~.~ ~. ;.. ~~:~; ~ ., . 'k- :~;~~ . II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Federal Stimulus Funds to the Department of Housing and Neighborhood Preservation's FY 2008-09 Operating Budget MEETING DATE: May 26, 2009 . Background: Under the American Recovery and. Reinvestment Act (ARRA) of 2009, the U.S. Department of Housing and Urban Development (HUD) received additional funding under the Community Development Block Grant (CDBG) fund. Virginia Beach's allocation is $660,901, and these monies represent the second phase of Federal stimulus revenues allocated to the City (Council appropriated over $1 million on April 28 to prevent and address homelessness). Under the ARRA, the funding must be used for activities normally eligible under the CDBG program, with some exceptions. In addition, cities must submit proposals for the use of funds, in the form of an amendment to their annual plan for the use of Federal funds, no later than June 5, 2009. Therefore, May 26th is the opportunity for Council to authorize an application for these funds. . Considerations: To meet key requirements of the ARRA for rapid utilization of funds and job creation and in light of the extremely limited amount of time available to decide, staff recommends that the City apply these funds for the rehabilitation of eligible owner-occupied housing units. This program is currently operational, creates or preserves jobs in the construction business, and has been a core element of our housing programs for the past fifteen years. This alternative is the fastest and most reliable way to meet the requirements of the act. In addition, because the program is already staffed and operational, 100% of the funds would be applied directly to assist individual homeowners. This funding increases the amount of monies available for housing programs, potentially allowing additional needs to be met with our previously- budgeted funds. . Public Information: The regulations also require public notice and comment regarding the proposed use of these funds. Therefore, this proposal was advertised in a notice published in the "Beacon" on May 14th. Other public information will be coordinated through the traditional Council agenda process. . Recommendation: Approval of the attached ordinance. . Attachments: Ordinance Recommended Action: Approval r\/11 Submitting Department/Agency: DepartmeklM H sing and Neighborhood Preservation City Manag~ k -'03bf1. I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO APPROPRIATE FEDERAL STIMULUS FUNDS TO THE FY 2008-09 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $660,901 provided to the City under the American Recovery and Reinvestment Act (ARRA) under the Community Development Block Grant is hereby appropriated, with federal revenue increased accordingly, to the FY 2008-09 Operating Budget of the Department of Housing and Neighborhood Preservation for rehabilitation of eligible owner-occupied housing units. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day of Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: SUFFICIENCY: APPROVED AS TO LEGAL cLCj~Cl" ~ Management Ser:vices 'V(ft.~~ City mey's Office CA11135 R-2 May 15, 2009 II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Plaza Volunteer Rescue Squad for the Purchase of a Replacement Ambulance MEETING DATE: May 26,2009 . Background: The Plaza Volunteer Rescue Squad is requesting a no-interest loan from the City to replace the oldest ambulance in its 4 vehicle inventory that has become undependable due to increased mechanical problems resulting in unscheduled down time. The unit has over 200,000 miles and is over 10 years old. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the Volunteer Rescue Squads, such as providing standard equipment for the ambulances; physical facilities and spaces to house and support equipment and personnel; paying utility bills for buildings and facilities housing a rescue squad, including those owned by a rescue squad; providing or paying for property and liability insurance for any building, facility or real property used to operate the volunteer emergency medical transport service; providing or paying for fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The c()st of a new ambulance routinely exceeds $100,000, without consideration of the medical equipment, supplies or personnel. . Considerations: The attached letter from Plaza Volunteer Rescue Squad has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $70,000 payable in two annual payments of $23,350 each and a third annual payment of $23,300. The first payment would commence June 2010. I , This would allow Plaza to standardize their ambulance fleet and provide a safer, more modern transportation and treatment environment to their personnel and patients. They have received a $65,658.50 Rescue Squad Assistance Fund grant to fund a portion of the estimated $156,832 cost of the replacement ambulance, and will utilize $21,263.50 of rescue squad donation monies and sale or trade in of the existing ambulance to complete the purchase and outfitting of this unit. . Public Information: Information will be disseminated through the regular Council agenda notification process. . Alternatives: The alternative to this request will cause the rescue squad to further delay purchase of the replacement ambulance, increasing maintenance costs. . Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. . Attachments: Ordinance, Loan Agreement, Promissory Note, and Letter from Plaza Volunteer Rescue Squad Requesting a No Interest Loan Recommended Action: Approval , ~ Submitting Department/Agency: Department of Emergency Medical Services U City Manager:~~ ~ :C~~ -- 'I I 1 2 3 4 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A REPLACEMENT AMBULANCE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $70,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of a replacement ambulance, contingent upon execution of the attached agreement. 2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over three (3) years, pursuant to the terms of the attached promissory note. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: DcA;) 0. ~^ ~ ~~ (1 Management Services ~ 1 ~f/~ffi<--- ity ttom y s 0 Ice CA11134 R-1 May 14, 2009 PROMISSORY NOTE $70,000 Virginia Beach, Virginia May 26, 2009 FOR VALUE RECEIVED, PLAZA VOLUNTEER RESCUE SQUAD, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, V A, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY THOUSAND DOLLARS ($70,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1,2010 - $23,500 On or before June 1,2011 - $23,500 On or before June 1,2012 - $23,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable hereon, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PLAZA VOLUNTEER RESCUE SQUAD (SEAL) By: Mark Collins, Lieutenant I , Agreement Between the City of Virginia Beach and the Plaza Volunteer Rescue Squad THIS AGREEMENT is made and entered into this __ day of , 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Plaza Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia SS 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into ~his agreement to render support and service:s to one another in accoraance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase ofthe vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less thlln 30 days prior to the payment due date. . B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 I I IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA, James K. Spore, City Manager ATTEST: City Clerk PLAZA VOLUNTEER RESCUE SQUAD By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Servic~s City Attorney's Office V irginia Beach Risk Management Virginia Beach EMS Chief 3 II PLAZA V()LUNTEER RESCUE SQUAD P.O. Bm, 2128 Virginia Bcm:h. VA. 23450 Chief Department of EMS 1917 Arctic Avenue Virginia Beach, VA. 23451 _ May 11,2009 The Plaza Volunteer Rescue Squad needs to replace its aging 1999 International 4700 Ambulance (1621) with a new Ambulance. This will ensure continuation of quality emergency services with state of the art equipment. Ambulance 1621 is the oldest of four ambulances in the Plaza Rescue Squad inventory. Over the past year we have experienced increased mechanical problems including brake, suspension and electrical failures resulting in towing service and unscheduled periods of down time. We attribute this, in part, to the following: . Electrical problems include outdated lighting which creates a larger draw on the electrical system resulting in premature failure of the Ambulance batteries. . Air Conditioning is not adequate to handle the summer temperatures which create scheduling problems during the summer days. . Maintenance costs are now twice as the other ambulances and is only used 18 percent of the time trying to save unnecessary costs. Unit 1621 is a 1999 model year chassis and is now 9 years old and in dire need of replacement. In addition to the aforementioned outdated lighting, the flooring is also in need of replacement. It is not cost effective to rechasis this unit, as the flooring, electrical systems, air conditioning, and upholstery all need replacement. At its present mileage of 200,000+ with the aforementioned problem areas it has become undependable. Plaza Volunteer Rescue Squad has researched and priced ambulances and has decided on another ambulance with a Chevrolet truck chassis. Plaza Rescue Squad currently has three (3) ambulances with the same chassis type in its inventory and its members are familiar with the driving and handling.of this type ambulance chassis. Also with the current Chevrolet chassis' in the inventory the maintenance facilities utilized by Plaza Rescue are already in place. I i The proposed cost to purchase a new Ambulance is $156,832.00 Of this cost Plaza V olunteer Rescue Squad has applied for a RSAF grant from the state office of EMS and had been awarded a grant in the amount $65,568.50. Plaza Rescue Squad will be applying $21,263.50 from donations towards the cost plus the sale or trade of the current 1621 (price to be determined). Current budget constraints limit Plaza Rescue Squad's ability to fund this new ambulance without the assistance of the City of Virginia Beach. Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the state grant and its funds for the purchase of a new ambulance with a no-interest loan of $70,000.00. Weare further requesting to pay back this loan over a period of three (3) years at $23,333.33 per year. We request the first payment to be one year after the loan is secured. William J. Walker President ,I K. PLANNING - NO ACTION NECESSARY 1. Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and the requirements of the National Flood Insurance Program. 2. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-5D Residential Duplex to 1-1 Light Industrial at 212-228 Fair Lady Road and 2305 Potters Road. (Deferred by the Planning Commission) DISTRICT 6 - BEACH L. PLANNING 1. Application ofthe CITY OF VIRGINIA BEACH for a street closure (unimproved) at Terrell Avenue to incorporate the right-of-way into surrounding property owned by the City. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application ofthe CAVALIER GOLF and YACHT CLUB for the closure of a portion of Cardinal Road from the north side of Starling Court to its terminus. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 3. Application of ELLIS-GIBSON DEVELOPMENT GROUP / LAKE GEM II, LLC for a Conditional Use Permit re a seasonal outdoor "green" market at 2181 Upton Drive. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a Conditional Use Permit re a communication tower at 6009 Blackwater Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION INDEFINITE DEFERRAL 5. Application of CHESTER and VIVIAN TUCKER for a Conditional Use Permit to convert their single family residence into a Country Inn at 1557 Sandbridge Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application ofFLORDELIZA and DANIEL BAYANGOS, JR., DBA LIZA'S RESIDENTIAL CARE for a Conditional Use Permit re senior residential care at 5084 Langston Court. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL I , 7. Application of PRINCESS ANNE CHURCH OF CHRIST for a Conditional Use Permit re a church at 3016 Virginia Beach Boulevard. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District Classification from R-5D Residential Duplex and A-12 Apartment to 1-1 Light Industrial at London Bridge and Potters Road. (AICUZ) DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 9. Application of RICHMOND 20MHz, LLC, Modification of Conditions No.1 and 3 (approved by City Council on November 22,2005) re location and the number of antenna arrays allowed on the tower at 1000 Great Neck Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 10. Ordinance to AUTHORIZE a new Official Zoning Map, which shall replace the existing Map, due to a change in the computer mapping format used to store the data and develop the printed copies. There are no changes between the current and proposed maps in regard to the Zoning Districts or to their existing locations. RECOMMENDATION ADOPTION ...u 11"1:. ur ...VDL..... nCAKlrf\:i II I I Virginia Beach City Council will meet in the Chamber at City: : Hail, Municipal Center, 2401 Courthouse Drive, Tuesday,: ; May 26, 2009. at 6:00 p.m. The following applications WHIII be heard: CITY OF VIRGINIA BEACH Ord'nance to amend Appendix C. Site Plan Ordinance, Section 5B pertaining to floodplains and the requirements of the National Flood Insurance Program. Ordinance to adopt a new Official Zoning Map, which shall replace the existing Official Zoning Map, due to a change in the computer mapping format used to store the map data and develop the printed copies. There are no changes between the current and proposed maps in regard to the zoning districts or to their existing locations. PRINCESS ANNE DISTRICT E'!'s-Gibson Development Group I Lake Gem II, LLC A.pplication: Conditional Use Permit for a seasonal outdoor 'green' market at 2181 Upton Drive. New Cingular Wireless PCS, LLC (T/A AT&T) Application: CCJnditional Use Permit for a communication tower at 6009 Blackwater Road. Chester and Vivian Tucker Application: Conditional Use ~ermit for a Country Inn at 1557 Sandbridge Road. ROSE HAU DISTRICT City Of Virginia Beach Application: Soot BliJ:!ht Abatement Qetermination at 620 Counselor Square. L YNNHAVEN DISTRICT Princess Anne Church Of Christ Application: Conditional Use Permit for a church at 3016 Virginia Beach Boulevard. Cavalier Golf & Yacht Club, Application: Street Closure for a portion of Cardinal Road from the north side of Starling Court to its terminus. Richmond 20MHz, LLC, Modification of Conditions (approved by City Council on November 22, 2005) at 1000 Great Neck Road. KEMPSVIUE DISTRICT Rordeliza Bayangos, Daniel Bayangos, Jr., DBA Liza's Residential Care Application: Conditional Use Permit for residential care at 5084 Langston Court. BEACH DISTRICT City Of Virginia Beach Application: Change of ZoninJ:! District Classification, R-5D Residential Duplex to 1-1 Light Industrial at 212-228 Fair Lady Road and 2305 Potters Road.. City Of Virginia Beach Application: ChanJ:!e of Zoning Distric! Classification. R-5D Residential Duplex and A-12 Apartment to 1-1 Light Industrial at the east side of London Bridge Road beginning at a point 300 feet south of Potters Road for a distance of 1030 feet. City Of Virginia Beach Application: Street Closure at Terrell Avenue (unimproved), All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at bttp:/ /www.vbJ:!ov.com/oc. For information call 385-4621. If you are physically disabled or visually Impaired and peed assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303. Beacon May 10 & 17, 2009 20136478 'I ~,..~-o::-iB"'" f"'~'("". ~"C.y"'" 1a-....'~(,#7>~~ ~~i!, \~~,d1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Floodplain Ordinance Amendment MEETING DATE: May 26,2009 . Background: An Ordinance to amend Appendix C, Site.Plan Ordinance, Section 5B pertaining to floodplains and the requirements of the National Flood Insurance Program. . Considerations: This amendment was heard by the City Council on April 28, and has been adopted. Due to an error by Planning Department staff, the amendment was inadvertently advertised for this meeting. Since it has been advertised, however, the reason for its adv~rtisement is being provided. . Recommendations: No action necessary. Recommended Action: No action necessary. Submitting Department/Agency: Planning Department I \ ~ City Manage . . '::> k .~~ ~ I , CITY OF VIRGINIA BEACH - LONDON BRIDGE ROAD (WEST) Relevant Information: · Beach District · The applicant requests rezoning on the site from R-5D to 1-1 Light Industrial for the purpose of developing the site with a use that is compatible to the APZ-1 Evaluation and Recommendation: · No action is necessary, as the Planning Commission deferred the application instead of acting on it. ,I I ~........... rG.;r.~\~~~ ~~~ ;a.~' ~>~"~, itS:B.) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Chanae of Zonina District Classification, R-5D Residential Duplex District to 1-1 Light Industrial District, 212-228 Fair Lady Road, 2305 Potters Road, BEACH DISTRICT. MEETING DATE: May 26,2009 . Background: The applicant proposes to rezone the existing R-5D Residential District to 1-1 Light Industrial District. The property was acquired as part of the City's acquisition program to prevent further development of incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS Oceana. Once the property is rezoned, it will be marketed to future users whose businesses conform to the permitted uses within the City Zoning Ordinance, Article 18 Special Restrictions in Air Installations Compatible Use Zones (AlcUZ). . Considerations: There was opposition to this request at the hearing. The Planning Commission, therefore, deferred the application, directing Staff to meet with the property owner in opposition to discuss the individuals issues and how those issues could be resolved as part of the rezoning. . Recommendations: No action necessary, as the Planning Commission deferred the item rather than making a recommendation to the City Council. . Attachments: Location Map and Summary Recommended Action: No action necessary. Submitting Department/Agency: Planning Department I \ ~ City Manage~ l,~~ , , II II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of the City of Virginia Beach for the closure of a portion of Terrell Avenue east of London Bridge Road. DISTRICT 6 - BEACH. MEETING DATE: MAY 26, 2009 . Background: City of Virginia Beach (the "Applicant") requests discontinuance, closure, and abandonment of an unimproved portion of Terrell Avenue east of London Bridge Road for the purpose of incorporating it into surrounding property, which is owned by the City of Virginia Beach. . Considerations: The property adjacent to this right-of-way was acquired as part of the City's acquisition program to prevent further development of incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS Oceana. That property is subject to a separate rezoning application. Once rezoned, the property will be combined with the area of this closure and be marketed to users whose businesses conform to the permitted uses_within the City Zoning Ordinance, Article 18 Special Restrictions in Air Installations Compatible Use Zones (AICUZ). The Viewers reviewed the request and determined that there is no current or future public need for this right-of-way and closure of the right-of-way will not result in a public inconvenience; therefore, they recommend closure of the right- of-way. . Recommendations: The Planning Commission, by a vote of 10-0, recommends approval of this closure to the City Council with the following 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 is normally 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. No purchase price shall be charged in this street closure, however, I I CITY OF VIRGINIA BEACH - TERRELL AVENUE Page 2 of 2 because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within t~ 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 Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommended approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~ City Manager:~'" k ~&"'t #5 May 13, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: CITY OF VIRGINIA BEACH I DEPARTMENT OF ECONOMIC DEVELOPMENT STAFF PLANNER: Faith Christie REQUEST: Discontinuance. closure and abandonment Terrell Avenue east of London Bridge Road ADDRESS I DESCRIPTION: Property located on the east side of London Bridge Road, running easterly 250.81 feet AICUZ: The site is located within a more than 75dBLdn AICUZ noise zone and an Accident Potential Zone 1 (APZ-1). SITE SIZE: 9,573 square feet GPIN: ELECTION DISTRICT: South of BEACH 14979276410000, and north of 14979284620000, 14979274750000, 14979274020000, and 14979264530000 SUMMARY OF REQUEST The applicant requests discontinuance, closure, and abandonment of Terrell Avenue east of London Bridge Road for the purpose of incorporating it into surrounding property. . LAND USE AND ZONING INFORMATION CITY OF VIRGINIA BEACH Agenda Item 5 Page 1 EXISTING LAND USE: Unimproved right-of-way SURROUNDING LAND USE AND ZONING: North: · Vacant property I R-5D Residential (rezoning pending to 1-1 Light Industrial) · Vacant property I R-5D Residential (rezoning pending to 1-1 Light Industrial) · Single-family and duplex dwellings I R-5D Residential . London Bridge Road South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority ofthe site is grass field. IMPACT ON CITY SERVICES PRIVATE UTILITES: The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan Map designates this area as a Primary Residential Area, abutting Strategic Growth Area 9 - West Oceana Area. The West Ocean a Area is generally bound by London Bridge Road, Lynnhaven Creek, and South Lynnhaven Road. The Comprehensive plan identifies the property located in the southern and eastern part of the Strategic Growth Area as suitable for low intensity industrial uses that conform to the AICUZ provisions. The property is restricted to those uses permitted in the City Zoning Ordinance, Article 18, and the APZ-1 Master Plan. Evaluation: The Viewers reviewed the request and determined that there is no current or future public need for this right-of-way and closure of the right-of-way will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. CITY OF VIRGINIA BEACH Agenda Item 5 Page 2 II I 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 intemallot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. CITY OF VIRGINIA BEACH Agenda Ite)ll 5 Page 3 I I AERIAL OF SITE LOCATION CITY OF VIRGINIA BEACH (,"" .": Agenda It~1r 5 .' p~ge 4 &: o't'1- n~?1 ~~& ~\,)~O"-'-tG '\ r:.,~'V~l. -..to '" '" - AREA OF TERRELL AVENUE FOR PROPOSED CLOSURE -9.573 SQUAREFEEl' 764,' 1491-92- t!~ G"~of ~..nn7.61~ c11'I :....o.n~Wvv..:; ~. ;;'i4- pC 3!> \ \ \ \ GP1N 1497-92-6671 env OF VIRGINIA BEACH DB 4328 PC 660 ~a21PG9 ~1 \S ~ Of ~~~ _....~ sQ\l~..r.\~" St '1(;ftl.t. ..oJ ~I'o'u,:-~ "'I<....SOUl~..n.lCt CI" 't~f:.e.t:D o~ ~. ~~~':"''5''''tI~ ~\14"~ ~. r:JJ~(j.. _$l6. CU"'':';' 119~~~'~ ~o C 19~jl.G~V. ~'&t. of ~ s'~, GRAPHIC SCALE 50 02550 ~ ( IN FEET ) 1 Inch - 150 ft. OAL N :3 472 559.73 t.ONXlN EIflI)QE ROAD E 12.11111, 27.19 VARlASlE WIDTH RlGliT-OF-WAY {MB 277 PG 55)(M8 280 PG :32} (MB 285 PG 31)(1.18 286 PC 20) (MS 287 PC 53)(MB 288 P(54) (MB 291 PG 50) (Me 295 PC 11) (INST. 200310150167381) EXHIBIT DEPlCllNG PORTION or TERRElL AVENUE FOR PROPOSED STREET CU>SURE V1RGlNIA BEACH. VlRCINIA APRIL 13. 2009SCAlL; 1'-50' LANDMARK 5544 Gte<t\'lwich Rood - Suit. 200 VIrginia Beach. VA 2~62 Tel. (757) 473-2.000 foa (757) 497-7933 Emoil: ImdgOfondmorkdg.com 4029 lror,boUI'd Roed - S,il. '00 W:l:iomllburg. VA 23'S8 Tei. (757) 25.3-7915 Foa (/51) 729-0049 Emoil; lmd90Iand,...,orkdg.com DESIGN GROUP ~ . PIn1eIs . ~ LnIscIpeIlRtlMilas . ~~ ORAWN 8'1': LRL CHECKW BY; ESP DRAWING NO: 32373. "ROJECT: ?008059-002.o1 SURVEY OF AREA TO BE CLOSED CITY OF VIRGINIA BEACH Agenda ItelTl 5 Page 5 I , MO~~!t. tDlcole Citv of Viryinia Beach 1~ ~pt o~ 04~ q 1~ ..\EJl1.,03Bt\ r~~\' ~ 1"-J I~ Il52" -'\T - I oocAt'4- 'q~' I- ,6CJ I a -"'T c:::J CI ~ 0 -' 16 ~I rg Z-~pO ~AV:~ffj~o~ \\~:.. V'l->~ ~ I n do:e 0, --:- V/~oJU")-'B I rihG ~;A-\2 tft~ ~ ~ -~\~ ''\''If't,\,Jf;' b LJ~~tJ 'S. ~n Q ~~\t ~d~ ,r' -{1" -I 1I:~, ..""~~}~t ~''tl!1f~ If" I~~ [rA II 17 dJ ~ 1- \ ! ~ 004Q~ ~\ C ~,+~ T [~: (~; l ~ ~ J:7I J'I 00', 1 '~~;; De) 6 :t.~ p ~r2 ~ ~~~, ~,(J9mTD;OC~-rp131Jrr~ Z ~2 ~ ~ C?JjCJ T"o~~ A 07_1 <8 0 6E) c..- ":> 7 \ _.1 liJ 1 U 11+) "'--:::- ilIL' 'I ~ - \ tic ~----~. \ t< - nllJ I I 1 ~ 053 _ ~ -..... DE' ( " ~ y I r [f67 \.JI~ j ~ I 0 \ \" \ ~~Lo~ J :\\\q 1\ Street Closure' - Terrell Ave. 1. 5/13/09 Proposed Rezoning (R-5D Residential to 1-1 Light Pending Industrial) 2, 5/13/09 Proposed Rezoning (R-5D Residential and A-12 Apartment Pending to 1-1 Light Industrial) ZONING HISTORY CITY OF VIRGINIA BEACH Agenda Item 5 Pag~6 z o ...... ~ u ~ ~ ~ i I::J en ~ E-t ~ ga E-t en DISCLOSUR APPL.ICANT DISCLOSURE If the applicant is a corporation, partnership, firm. business, or other unincorporated organization,. complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners,etc, below; (Attach list if necessary) Cityp~l~jrginia Beach, a municipal corporation j ..... . .. - ' 2 Ustall relationship wi i~tlf t have a parent-subsidiary' or affiliated businessentity2 licanl: (Attach list if necessary) o Check here if the applicant is NOT a corporation. partnership, firm, business. 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 porated organization, complete the following: the property owner name followed bY the names of all officers, members, trustees, partners. etc. below; (Attach list if necessary) fJ!A- 2, list all businesses that have a parent-SUbsidiary' or affiliated business entity:! relationship with the applicant: (Attach list if necessary) (v IIt-- r o Check here if the property owner is NOT a corporation. partnership. firm, business. or other unincorporated organization, I 3. 2 See next page for footnotes Does an officiator employee of the City of Virginia Beach have an interest subject land? Yes _^_ No If yes, what is the name of the official or employee and the nature of their interest? Sirool Ck"""" 11 CITY OF VIRGINIA BEACH Agenda Item 5 Page 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES list aU knownoontractors or businesses that have or will provide services with respect toJherequested property use, including but not Hmited to the providers of architecmral services, real estate services, flnanci81 services, accounting services, and legal seMces: (Attach U ssary) i\J 1 'Parent-subsidiary relationship" means -a relatlonshiplhatexists when one corporation directly or indirectly owns shares possessing more than SO. percent of the voting power of another corporation: See State and Local GovemmF,int Conflict of Interests Act, Va. Code i 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other!.han pamnt- subsidiary relationship, that exists when (i) one business entity has a eontrolling 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 red management or control between the business entitles. Factors that should be in determining !.he existence of an affiliated business entity relationship include same person or substantially the same person own or manage the two entilies; Ihere are common or commingled funds or assets; the bt.Isiness entities share the use of the same offices or employees or otherwise share activities. re$()UfC(t$ or personnel on a regular basis; or there is otherwise a close working relationship between the entities: See State and LocalGovemment Conflict of Interests Act. Va. Code S 2.2-3101. CERTIFICATION: I (;(lrtify that the informatlon COl"ltl1il'!9d herein is true and accurate I under:f;tand that upon receipt of flotlficatioo (poslcardl tI1al the application has been scheduled for pubm; hearing, t am responsible for obtaining and postlng the required sign on the subject property at least30dayil prlqrtothe SCheduled public heanng according to the instructlon$ln thi$ package. The undersiQnedalsoconsentsto entry upon the subject property by employees of the Oepartment of PlanniJlQ toph~h$nd view the site for purposes of processing and evaluating \hismpp!icanon. ~ James K. Spore Print Name Signature tV If.;' ! Property ()woer's SlgmiltUAl (if diff6rent than applicant) NJA Print Name Stnlel. Claw/(! AWfit$llOfI Pag$11 of 11 Rll'llHd 7f3107 z c ..... ~ u : i t:L4 ea i= ~ o ~ u r-c '~~l ~., '" '. .... ~ + ;.,~ ~. f! ',." F.c. r:I) CITY OF VI~GINIA BEACH Agenda Item 5 Page 8 EXHIBIT IIAII ~ Qt{'1-- N\S\O ~ f>-~ S\)~p~OO~~c, ,\0 c,~<;; ~A: ~~ A::'O ~; ,9~~~~0 \br9 t{0~ \>-,,\S 1 c;~\~~ O~ '0' 0 ,\'2- ~O ~~~\1 ~c;c; \0 ~ '2-~:,&. ~ o ~'O ./ ./ 69' QCO ...9'2-"'~~~ \ &.91 t{0~~ ~~O c;~\~O~ <:~\>-S O. \\J~~1 \ '?:l ~ ...JoO""~' \ '(,'" O'O\~ 9 ~c; \0 IPF ~ '2-0\A: ~c; ..~ 0'0 ~'O . , ' (f,'l;)'O S'" " 764' '497-9'2- eo.C\-\ Gflll'l 'JIRGIl'lIP- '267300 clTi ~~0803'OgO~5 Il'lSiR. ~e '24 fl \ \ -- GPIN 1497-92-6671 CllY OF VIRGINIA BEACH DB 4328 PG 660 MB 21 PG 9 v-i \5 i\"\\S f' ~t. uRCt. Or ~ p-it. fIt. ~N) \O\~ sO "\RG\~\~u\\"\ 1..0~ 'C\i'C i\-\t. t~~ O~ i~it."'. S~t.rt.Rt.~~~i\O~S ~ O\~~it. ~~. O~iRO\.. _306. CoO~ "!J1,gg3 e~C\"\ ~ ~~o C '\98'1/\RG\~\P> flS 25 ' or flS 5,3. GRAPHIC SCALE 50 0 25 50 ~ ( IN FEET ) 1 inch = 50 ft. LANDMARK DESIGN GROUP algi! leerS . PIamers · ~ Landscape An:hIb!cIs . fnvirClIlI\'lel daI Consultants " " ~ AREA OF TERRELL AVENUE FOR PROPOSED CLOSURE = 9,573 SQUARE FEET OR 0.220 ACRES -. \ \ OAL N 3472 559.73 LONX>N BADGE ROAD E 12,199,627.19 VARIABLE WIDTH RIGHT-OF-WAY (MB 277 PG 55)(MB 280 PG 32) (MB 285 PG 31)(MB 286 PG 20) (MB 287 PG 53)(MB 288 PG 54) (MB 291 PG 50) (MB 295 PG 11) (INST. 200310150167381) EXHIBIT DEPICTING PORTION OF TERRELL AVENUE FOR PROPOSED STREET CLOSURE VIRGINIA BEACH, VIRGINIA APRIL 13, 2009 SCALE: 1 "=50' 5544 Greenwich Rood - Suite 200 Virginia Beach, VA 23462 Tel. (757) 473-2000 Fax (757) 497-7933 Email: Imdg@landmorkdg.com 4029 Ironbound Road - Suite 100 Williamsburg, VA 23188 Tel. (757) 253-2975 Fax (757) 229-0049 Email: Imdg@landmorkdg.com DRAWN BY: LRL CHECKED BY: ESP DRAWING NO: 32373x PROJECT: 2008059-002.01 I , 1 APPLICATION OF THE CITY OF VIRGINIA BEACH 2 FOR THE CLOSURE OF A PORTION OF TERRELL 3 AVENUE EAST OF LONDON BRIDGE ROAD. 4 5 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 6 of the City of Virginia Beach, Virginia, to have the hereinafter described unimproved 7 right-of-way discontinued, closed, and vacated; and 8 9 WHEREAS, it is the judgment of the Council that said right-of-way be 10 discontinued, closed, and vacated, subject to certain conditions having been met on or 11 before one (1) year from City Council's adoption of this Ordinance; 12 13 , NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 14 Virginia Beach, Virginia: 15 16 SECTION I 17 18 That the hereinafter described right-of-way be discontinued, closed and 19 vacated, subject to certain conditions being met on or before one (1) year from City 20 Council's adoption of this ordinance: 21 22 All that certain piece or parcel of land situate, lying and being 23 in the City of Virginia Beach, Virginia, designated and 24 described as "AREA OF TERRELL AVENUE FOR 25 PROPOSED CLOSURE = 9,573 SQUARE FEET OR 0.220 26 ACRES" shown as the cross-hatched area on that certain 27 plat entitled: "EXHIBIT DEPICTING PORTION OF 28 TERRELL AVENUE FOR PROPOSED STREET CLOSURE 29 VIRGINIA BEACH, VIRGINIA" Scale 1 "=50', dated April 13, 30 2009, prepared by LandMark Design Group, a copy of which 31 is attached hereto as Exhibit A. 32 33 SECTION II 34 35 The following conditions must be met on or before one (1) year from City 36 Council's adoption of this ordinance: 37 38 GPIN(S): 1497-92-6671-0000; 1497-92-7641-0000; 1497-92-8462-0000; 1497-92-7475- 39 0000; 1497-92-7402-0000; 1497-92-6453-0000 40 1 .,1 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City is normally 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures," approved by City Council. Copies of the policy are 45 available in the Planning Department. No purchase price shall be charged in this street 46 closure, however, because the City is both the owner of the underlying fee and the 47 applicant seeking this street closure. 48 49 2. The applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining parcels. The plat must be submitted and 51 approved for recordation prior to final street closure approval. 52 53 3. The applicant shall verify that no private utilities exist within the right-of 54 way proposed for closure. If private utilities do exist, easements satisfactory to the utility 55 company must be provided. 56 57 4. Closure of the right-of-way shall be contingent upon compliance with the 58 above stated conditions within 365 days of approval by City Council. If the conditions 59 noted above are not accomplished and the final plat is not approved within one year of 60 the City Council vote to close the right-of-way this approval shall be considered null and 61 void. 62 63 SECTION III 64 65 1. If the preceding conditions are not fulfilled on or before May 25, 2010, 66 this Ordinance will be deemed null and void without further action by the City Council. 67 68 2. If all conditions are met on or before May 25, 2010, the date of final 69 closure is the date the street closure ordinance is recorded by the City Attorney. 70 71 3. In the event the City of Virginia Beach has any interest in the 72 underlying fee, the City Manager or his designee is authorized to execute whatever 73 documents, if any, that may be requested to convey such interest, provided said 74 documents are approved by the City Attorney's Office. 75 76 SECTION IV 77 78 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 79 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 80 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." 81 82 Adopted by the Council of the City of Virginia Beach, Virginia, on this 83 day of , 2009. 2 I , CA11012 \\vbgov.comldfs l'applications'citylawprodlcycom32\ Wpdocs\DO 14\PO05\OOO 12699,DOC R-1 May 14, 2009 -. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lu{l(~ q. t'~h1J{;ow City Attorney 3 CAVALIER GOLF AND YACHT CLUB M"~~~ ~-t06le Cavalier Golf & Yacht Club ~\"0~~~~&~~~\:'~\~~~ ~~ -0:."J ~~ ~ ~~~ \' ~ \\ \~ '"f\ ~ K ~ \~ . J '~~"i'. ~~ ~ .~ \~~ 't,. ~, x "'@ ~~~ ~~.' ~>>" ~ ,. r a ~ ~ \\.... ~~_\, il>.. ~ ~~,,~;~ :~\~~~~~~'~ ~ ~~ ~ ~~~' ~'~~ ~ ,,~{.,..~-; t\\\ ~~~ ~ ~~~';"'""'" .~\I ~~~~ Street Closure Relevant Information: · Lynnhaven District · This same request was approved on May 23, 2000 by the City Council. · The applicant, however, failed to record an ordinance and re- subdivision plat in the allotted time frame, and is now requesting approval again. · The portion of the roadway requested for closure serves as the sole entrance to the Cavalier Yacht and Country Club. No other properties are served by this roadway. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). Consent agenda II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Cavalier Golf & Yacht Club for the closure of a portion of Cardinal Road from the north side of Starling Court to its terminus. DISTRICT 5 - L YNNHAVEN. MEETING DATE: May 26, 2009 . Background: Cavalier Golf & Yacht Club (the "Applicant") requests the discontinuance, closure, and abandonment of a portion of Cardinal Road, beginning at the northern boundary of Starling Court and running northwesterly to its terminus. This same request was approved on May 23, 2000 by the City Council. The applicant, however, failed to record a re-subdivision plat in the allotted time frame and is now requesting approval again. . Considerations: The portion of the roadway requested for closure serves as the sole entrance to the Cavalier Yacht and Country Club. No other properties are served by this roadway. While the roadway physically appears to be a continuously paved right- of-way extending from Starling Court to the primary clubhouse building, only a portion of the paved roadway is a platted right-of-way; the remainder of the paved section is a private roadway developed by the Cavalier Yacht and Country Club. A portion of the platted right-way is undeveloped and extends into a fairway of the country club's golf course. The area surrounding the right-of-way is improved with various amenities of the Cavalier Golf and Yacht Club including tennis and swimming facilities, a golf course, and putting green. Beyond the applicant's property is the residential community commonly known as Birdneck Point. All of the property in the area is zoned R-40 Residential District. The Viewers have determined closure and abandonment of a portion of the right- of-way will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The proposed street closure is recommended for approval with the conditions below. I I Cavalier Golf & Yacht Club Page 2 of 2 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to approve this request with the following 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 parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall either dedicate an easement for the existing water line and sanitary sewer line located within the right-of-way proposed for closure, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress, or the applicant shall relocate the taps and connections associated with the existing water line and sanitary sewer line, subject to the approval of the Department of Public Utilities. 4. 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 is a gas line that runs along a portion of the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. 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 Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department_._. City Manager~ \t...., ~ ~ .il 1 APPLICATION OF CAVALIER GOLF & YACHT 2 CLUB FOR THE CLOSURE OF A PORTION OF 3 CARDINAL ROAD FROM THE NORTH SIDE OF 4 STARLING COURT TO ITS TERMINUS. 5 6 WHEREAS, Cavalier Golf & Yacht Club (the "Applicant") applied to the 7 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of- 8 way discontinued, closed, and vacated; and 9 10 WHEREAS, it is. the judgment of the Council that said right-of-way be 11 discontinued, closed, and vacated, subject to certain conditions having been met on or 12 before one (1) year from City Council's adoption of this Ordinance; 13 14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 15 Virginia Beach, Virginia: 16 17 SECTION I 18 19 That the hereinafter described right-of-way be discontinued, closed and 20 vacated, subject to certain conditions being met on or before one (1) year from City 21 Council's adoption of this ordinance: 22 23 All that certain piece or parcel of land situate, lying and being 24 in the City of Virginia Beach, Virginia, designated and 25 described as "INDICATES 77,649.5 sa. FT. PARCEL 26 KNOWN AS A PORTION OF CARDINAL ROAD TO BE 27 CLOSED" shown as the cross-hatched area on that certain 28 plat entitled: "PLAT SHOWING PORTION OF CARDINAL 29 ROAD TO BE CLOSED BY THE CITY OF VIRGINIA 30 BEACH VIRGINIA BEACH, VIRGINIA" Scale 1 "=1 00', dated 31 December 19, 2008, prepared by Gallup Surveyors & 32 Engineers, LTD., a copy of which is attached hereto as 33 Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 GPIN: 2418-24-6584-0000 41 1 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 shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 Pursuant to Street Closures," approved by City Council. Copies of the policy are 46 available in the Planning Department. 47 48 2. The applicant shall resubdivide the property and vacate internal lot 49 lines to incorporate the closed area into the adjoining parcels. The plat must be 50 submitted and approved for recordation prior to final street closure approval. 51 52 3. The applicant shall either dedicate an easement for the existing water 53 line and sanitary sewer line located within the right-of-way proposed for closure, subject 54 to the approval of the Department of Public Utilities and the City Attorney's Office, which 55 easement shall include a reasonable right of ingress and egress, or the applicant shall 56 relocate the taps and connections associated with the existing water line and sanitary 57 sewer line, subject to the approval of the Department of Public Utilities. 58 59 4. The applicant shall verify that no private utilities exist within the right of 60 way proposed for closure. Preliminary comments from the utility companies indicate that 61 there is a gas line that runs along a portion of the right-of-way proposed for closure. If 62 private utilities do exist, easements satisfactory to the utility companies must be 63 provided. 64 65 5. Closure of the right-of-way shall be contingent upon compliance with 66 the above stated conditions within 365 days of approval by City Council. If the 67 conditions noted above are not accomplished and the final plat is not approved within 68 one year of the City Council vote to close the right-of-way, this approval shall be 69 considered null and void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before May 25, 2010, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before May 25, 2010, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. In the event the City of Virginia Beach has any interest in the 80 underlying fee, the City Manager or his designee is authorized to execute whatever 81 documents, if any, that may be requested to convey such interest, provided said 82 documents are approved by the City Attorney's Office. 83 84 SECTION IV 85 2 ,II 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 88 OF VIRGINIA BEACH as "Grantor" and CAVALIER GOLF & YACHT CLUB, as 89 "Grantee." 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this 91 day of , 2009. 92 93 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 94 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA10997 \wbgov .com\dfs 1 \applications\citylawprod\cycom32\ Wpdocs\DOO7\P005\OOO 11889.DOC R-1 May 7, 2009 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lJJ{ftl j r} tihiflOtN City Attorney 3 I , #8 April 8, 2009 Public Hearing APPLICANT I PROPERTY OWNER: CAVALIER GOLF AND YACHT CLUB STAFF PLANNER: Faith Christie REQUEST: Discontinuance. closure and abandonment of a portion of Cardinal Road, beginning at the northern boundary of Starling Court and running northwesterly to its terminus ADDRESS I DESCRIPTION: Property located north of Starling Court and North Oriole Drive ADJACENT GPIN: 24182465840000 . ELECTION DISTRICT: LYNNHAVEN SITE SIZE: AICUZ: 77,649.5 square feet 65-70 dB DNL SUMMARY OF REQUEST The applicant requests the discontinuance, closure and abandonment of a portion of Cardinal Road, beginning at the northern boundary of Starling Court and running northwesterly to its terminus. This same request was approved on May 23, 2000 by the City Council. The applicant, however, failed to record an ordinance and re-subdivision plat in the allotted time frame, and is now requesting approval again. The portion of the roadway requested for closure serves as the sole entrance to the Cavalier Yacht and Country Club. No other properties are served by this roadway. While the roadway physically appears to be a continuously paved right-of-way extending from Starling Court to the primary clubhouse building, only a portion of the paved roadway is a platted right-of- way, the remainder of the paved section is a private roadway developed by the Cavalier Yacht and Country Club. A portion of the platted right-way is undeveloped and extends into a fairway of the country club's golf course. The area surrounding the right-of-way is improved with various amenities of the Cavalier Golf and Yacht Club including tennis and swimming facilities, a golf course, and putting green. Beyond the applicant's CAVALIER GOLF AND YACHT CLUB Agenda Item 8 Page 1 'I I property is the residential community commonly known as Birdneck Point. All of the property in the area is zoned R-40 Residential District. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The Cavalier Golf and Yacht Club clubhouse, pool, tennis courts, marina, maintenance facility, a proposed communication tower, putting green and golf course. SURROUNDING LAND USE AND ZONING: North: South: . The Cavalier Golf and Yacht Club Clubhouse I R-40 Residential . Oriole Drive . Across Oriole Drive are single-family dwellings and a portion of the Cavalier Golf and Yacht Club golf course I R-40 Residential . The Cavalier Golf and Yacht Club marina I R-40 Residential . The Cavalier Golf and Yacht Club pool and tennis courts I R-40 Residential East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The existing subdivision and golf course were platted and recorded in the County Clerk's office in June 1926, with the golf club opening in 1930. Mature landscaping and trees exist on the site. The site is within the Resource Protection and Resource Management areas of the Chesapeake Bay Preservation Area. IMPACT ON CITY SERVICES WATER and SEWER: There is an existing water line and sanitary sewer line located within the right-of-way proposed for closure. The applicant must provide an easement for these public facilities or make arrangements for the relocation of taps and connections in a manner satisfactory to the Department of Public Utilities. PRIVATE UTILlTES: Virginia Natural Gas has a 4-inch steel gas line that runs along the west side of Cardinal Road to serve the clubhouse. An easement to protect the line will be required during detailed plat review. CITY ATTORNEY: If any portion of Cardinal Road to be closed has been improved for public use a super majority vote of the City Council will be required. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION CAVALIER GOLF AND YACHT CLUB Agenda Item 8 Page 2 I I Comprehensive Plan: The Comprehensive Plan Map designates this area as part of the Primary Residential Area. The Plan states that the objective of the Primary Residential Area is to protect the predominately suburban character that is defined by the stable neighborhoods of the area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods are considered acceptable uses provided effective measures are taken to ensure compatibility and non- proliferation of such activities. Evaluation: The Viewers have determined closure and abandonment of a portion of the right-of-way will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The proposed street closure is recommended for approval 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 areC! into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. CAVALIER GOL.F AND YACHT CLUB Agenda Item 8 Page 3 'I I AERIAL OF SITE LOCATION CAVALIER GOLF AND YACHT CLUB Agenda Item 8 Page 4 ~i ~\ It .'b \\\ "4~ \'\i ~ ~ .. >! ,~i ~1 ~~.:~.: .. ~-s"~ '6~'Ils..t \f ~~ Il\~ ~J.~~ l~""~ :.~ U<.S.:l.:J, ~..J~!""'!l,.... ~o:r~ ~~ ~ ,.. \- ~t~.i".t II l !::~~~ \ til~.s..~1 I \ it "t.t ~/) \ \ ,,\ \i~\\.t, 'il 1l tJ1 it 'i . "i .\ \\~~~\ tie\~S~'~ \~; ;:. \ \ \ ~ "\\"'~\ ,.. ..... .llIB':'l ti~';'~ lSo.;l ~ ~ c! ~8 Y!~ ~1 \ ",.)f, . t.:w' 15;; .~ ti~t.lS:"~ till. ..,"A \\ -5<> .9 \ :. \~ '" ~\ 'in \ \ \ \ \ ~ I "t~ \i "$0 I'~ \ -:.<&. .,;.~ ~",""J. ".~" 15t;~~S:.t ~'ulo:~":~ ~\ll~"'" t~ ~ ~ 'f.'!l.lll" ",..~...';Ol '" ,,~"''3-;'' \ -:.~ ... i .,. ;. o/l +~~ ,:1" .~.. .#'''' ~ \1t\~ A~'~ t II/Ti!}> of> ".. " "J!' "\ 9,l;i '15\\\ t \ "\~:' 'b '0 "! \ 'i1.o .. "~\8 ,~.;:~\ ';. ,,!';;'O~. o~'!~""Cl~ \n~ "," ~~ \ , \ ;. ; SURVEY OF AREA 10 eE C\..OSEO ~ cp.." p..\J ER GOI-F p..N!? '( p..CHi CIi \lB . Agenda \tetn 8 page 5 Map K-S Cavalier Golf & Yacht Club Man Not to Scale \\~~'~~~~.~ ~Id:l. ~'%.\" 0! - ,~~" ~ \~ . ~~ 1 ~\~ ~ ~ )., J !\ :\ ~ ~ "",,' '\ ~ tho ~~.~ \ " ~~~\-,M ~ ~~ ,~ ~~Wk~ ~ ' "'" '^~ ~ ~ ~..... ~ ~. """l'\ ~s~ \~ .. '\ )C ~--'\~ <[~ '\ ,\~ ~~ 7.. ~ ~k" ~~ ,\\ ~~~ ~ ~ ,~ ~~~ ~ ~~. . ,l \\; ._~. " ~~ J, ~' "'- '\ -:~ r\ 1C~ ~ . ,. - N .. ~~ ~ {~= 'Yil~ ~. .\li"f'\S Street Closure The existing subdivision and golf course were platted and recorded in the County Clerk's Office in June 1926, with the golf club opening in 1930. The following actions have been approved for the site: . 4/8/08 - Conditional Use Permit (Communication Tower) - approved . 7/10/07 - Conditional Use Permit (Golf Course Maintenance Facility) - Denied . 5/23/00 - Street Closure - Approved . 1/28/97 - Conditional Use Permit (Tennis Courts and Parking) - Approved . 1/23/96 - Conditional Use Permit (Golf Course - Expansion of Clubhouse) - Approved . 1/8/91 - Conditional Use Permit (Floating Dock) - Approved . 3/14/88 - Conditional Use Permit (Marina Expansion) - Approved . 1/13/69 - Conditional Use Permit (Dining Facilities) - Approved ZONING HISTORY CAVALIER GOLF AND YACHT CLUB Agenda Item 8 Page 6 I I z o I . ~ U I I ~ =-- ~ .i:a ;:::J CI) o ~ U ~f ~ ~ DISCLOSURE ST A TEMEN APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm,. business. or oHler unincorporated organization. complete the following, 1 Ust the applicant name followed by the names of officers. members, trustees, pjiftners, etc. below: (Attach list if necessary) , <,,' ,..cavalier Golf & Yacht Club List of Officers attach€d 2. List all businesses that have a parent-subsidiary' or affiliated business entity" relationship witn the applicant: (Attach list jf necessaf}'1 o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only 'fproperty owner is different from app1Jcant, Iflfie property owner is a corporation, partnership. film, busmess, or other lInirn:orporated organization, complete ttle following. 1 List ttle property owner name followed by the names of all offiGers, memberS, trustees, partners. etc. below: (Attach list if necessary) 2. Ust all businesses that have a parent-subsidiary 1 or affiliated business entiti' relationship with the applicant: (Attact1l!st if necessary) o Check Mre jf the property owner is NOT a corporation partnership,firm, business, or other unincorporated organization. ! & " See nexl page for footnotes Does an offiCial or employee of the City of Virginia BeaCh have an interest in the subjectland? Yes _ No 2- If yes, what is the name of the official or employee and the nature of their mterest? St!{}t~t Cioa.uaJ Applwd~,nn Page: 1n of 1-i R~\llt$t<C ,'J.:!]'! DISCLOSURE 51 A 1EMENT CAVALIER GOL.F ANIDYACHT CLUB Agenda Item 8 Page 7 RE STATEMENT ....." ~ '., . "^__'~'~_>C""""'W'W "_,_"""w,.""",' '.""'-"')'''''"'iJ'"''''....'<.v ADDiTIONAL DISCLOSURES Ust all l<nG\"n contractors or businesses that have Cf Vil!: SBri,ces with res~::t to the property use lIicluding but not IimltsG to t;,fJ providers of a:::r'litecturai services, raal estatecer,f~ces, financial Ser\dCeS S8rv:ces and legsl s~ices: (Attach list if /""" ; 'Parent-subsidiary relationshlp" means "'a relationship that eXIsts when one corporation directly or indwectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Confhct of Interests Act. Va Code S 2.2-3101. 1 "Affiliated business enMy relanonshljf means "a relationship, other tl1an parent- subSidiary relationship, that exists when {if one business entitj has a oootroll\og o'Nflership interest In the other ousiness entity. (ii) a controlling O\ynar in ono entity is also a controlhng owner in the other entity, or (iil; there is shared management or control between the business entities Factors that should be considered in determining the existence of ar, affiliated busineoo entity relationship indude that the same person or substantiaEy U-:o same person own or manage thelwe enblies there are common Of commingled funds or assets, the business antllies share the use or the sarne offices or employees or otherwise share actIVIties, resources or persoonel en a regular basis; or there 1$ otherv,llse a clos<, vIOf'King relat:cnship between the entitles SO$ State and Local Government Conflict of Interests Act, Va. Code S 2,2-31Ql CERTIFICATION: I c&r;]fv that the :nfdmiation contained hemin ,s true and i'M'Lurate I understand H1B!. upon receipt of r\c,tiflca!ion (postcard) that the applir......llicr has been schccuicd for public heann!], I am resPQrr:iIDli'! fur ol:ttemlng and posting the required sign on the sub/eel property a! least 30 days prior to the schcc'ukd p\Jpt,(,' hOl.lttflg a~ordi(1G to the ln~lructlons in thiS package. The u,derslgned also consents to entry upon the subject property by emplc.yees of the Departrnilnt of PlaOflingto photograph and VlCW Ihe s;t;~ for purposes of process;ng and evalulilting this application. C AVf\tIER OOf.F [" Yl,CBT cum ,,^ -<.~~* 9 .,~! \'""\ ^ \...J~i-Z-- Appllc$nt'sS!gnatllfe T~:"l ~~C<>l'..':rrt2:~ Vi i 1,1 e( Prir,t Name rref'ligOllt Property Owner's Signature \If different thar. applicant) prh;t Name Strmer Clew"" Apph;;lt~ !)Iii 7:,,'01 z o t--~ ~ U I I ....:t ~ ~ ga ~ CI) o ....:t U F-c ~ ga ~ DISCLOSURE STATEMENT CAVALIER GOLF ANDYACHT CLUB Agenda Item 8 Page 8 I I Pn:s~J-;:n1 l':L.lj~.k~r" \\ die "1,1.: President u! Of'cr;H")n~' Ken JOhlhOL I \ -il';: Pre;;l(lt~nl of ,-\dmmWfatull1 . Tom Tre;l>u:;:1 . Gihnore Sccr(~tm) - W;lcy Mm::hcH DISCLOSURE STATEMENT CAVALIER GOL.F AND YACHT CL.UB Agenda Item 8 Page 9 II Item #8 Cavalier Golf & Yacht Club Discontinuance, closure and abandonment of a portion of Cardinal Road on the north side of Starling Court District 5 Lynnhaven April 8, 2009 CONSENT Joseph Strange: The next item is item 8, an application of Cavalier Golf & Yacht Club for a discontinuance, closure and abandonment of a portion of Cardinal Road on the north side of Starling Court, District 5, Lynnhaven, with four (4) conditions. David Miller: I'm Dave Miller representing the applicant, and the applicant accepts the conditions imposed by Planning. Joseph Strange: Okay. Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Kathy Katsias to review this item. Kathy Katsias: This is an application by the applicant and the property owner, Cavalier Golf and Yacht Club, which is requesting a discontinuance, closure and abandonment of a portion of Cardinal Road to the northern boundary of Starling Court and running northwesterly to its terminus. This request was approved on May 23, 2000 by the City Council. The applicant, however, failed to record the ordinance and resubdivision plat in the allotted time, and now is requesting approval again. We saw no problem in putting this on the consent agenda since it had already been approved, and that is why we have it on the consent agenda. Joseph Strange: Okay. Thank you Kathy. Madame Chairm~ I will make a motion to approve agenda item 8. Janice Anderson: I have a motion by Joe Strange and a second by Kathy Katsias. AYE 10 NAY 0 ABSO ANDERSON AYE, BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KATSIAS AYlJ: LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 8 for consent. . B"RB.1."B1.T "1\" c> " ~9,\ ~t~ ~~ \~r~ ~ ~'i~ ~ ,l!t ~ ~ 9<~i CJ ~~ ~ - i 'i~ ~1 yt~ . t.\ 1:'6 i ~\~ ~""o \~~~ Q~~ y'~2 'l~~ \~\ , \i \\i\"" It,~ i\ III b ~ \ ~ >":~... \i~o:;.~ ~o":~"'.1. u.-.C fDtI') '" .~~~,l, 00 ;;;lul- ~\!!.al :j:l ",ift'!J;. \ \ \ ~ Q ll' ~ J~ :;l ti"'. ~~""~..: ...~~....J. ~~;.; S~.~ ~.lIla\ ;1- ." ... .ti n ~ m\ , ' ;;; ~*' ~~~.at.i l:S:""~"'.1. ....i'$... ...... ~~~9':;t t~a\ is.... ~( ... .. ~..: ;t~ C;)ai :j o t fA ~ .. ~~ ~ 9' ~ tJt.\'IE ~ ~ ..~4 -; :.j>'''' % O~.... ~~~-;;i ! 4:-;'~ ~~~..:~ ~ ~ g1< :s: ~~ a\ ~'" >": e'" ~ 0; ~~ ::Ii:!; ~o. ill-~ ~ .i .i Col,.;:. .. )o;~ .....J, <> m:i"" 0. .- tll\~a\;;;l;:I '" '.l.lllO :!; I I ~ ~\- \~~t\ "",~",C"l~f'4 & ":t.~"' o"'~Soi~ ~.lIlal ~... 1i~P ~ ::i \ \ ~~'lIi It O'ii"lS."!>'ff "II ~~ >":t ~~~ ..... W\lo- lC% 16<>":''':,l, ,,"~:;...,,~ ~...~~Sa\~ \~~~ ",,,, ~M oi~ .~.... >":\ 5.aS ~.. t;C.~ .....~..:~ ID"" Col .I.. ... f"'';i~ ti IF ~ Soit ti aft ",,,, ~,,:.c:O ;1;0 a~ I I ELLIS-GIBSON Relevant Information: · Princess Anne District · The applicant requests a Use Permit for a Green Market. · Only vendors that fall under the "organic", "all natural" and "health and wellness" categories will be permitted to lease space at the Red Mill Green Market. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). · There was no opposition. ,I I ".."............... rs~~i:l\ !t~~2~ (l~,,} ................~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELLIS-GIBSON DEVELOPMENT GROUP I LAKE GEM II, LLC, Conditional Use Permit, seasonal outdoor 'green' market, 2181 Upton Drive. PRINCESS ANNE. MEETING DATE: May 26,2009 . Background: The applicant requests a Conditional Use Permit to allow use of a portion of the parking lot at 2181 Upton Drive (Red Mill Commons and Red Mill Walk shopping centers) for an outdoor market place. This "green market" is a non-profit organization that is dedicated to providing a place in this area for residents and visitors that encourages people to eat locally grown or produced foods and promotes the local economy by connecting local sources to the public. . Considerations: Only vendors that fall under the "organic", "all natural" and "health and wellness" categories will be permitted to lease space at the Red Mill Green Market. Some examples of what vendors will be selling are regular and organic fruit and vegetables, all-natural meat products, home-grown flowers, home-baked goods and pastries, local seafood, clams, and oysters, homemade cookies, Virginia wine, organic herbs, and similar natural items. Non-profit organizations such as the SPCA may have a booth, as well as health and wellness organizations. The applicant has set strict regulations, which they will monitor, for the tenants that will occupy the site seasonally. This type of outdoor market will provide an additional amenity to the residents of this area, as well as an attraction for visitors. The conditions below will ensure the continued success of the market while maintaining its compatibility with the surrounding area. The market will operate from 8:00 a.m. until 1 :00 p.m., each Saturday from Memorial Day weekend to the last Saturday in September. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to approve this request with the following conditions: I I ELLIS-GIBSON DEVELOPMENT GROUP I LAKE GEM II, LLC Page 2 of 2 1. The activities of the Green Market shall occur in the area of the parking lot on the southern side of the retail strip designated as D8E-1. 2. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1 :OOp.m., during the period between the traditional Memorial Day weekend and the last Saturday in September. 3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 4. Parking for the market shall occur in the parking area at the east side of the retail strip as allowed by agreement between the applicant and those property owners. 5. The market shall be only for the sale of local agricultural, seafood, and related organic food products, and hand-made craft items. Pet-friendly businesses, non-profit organizations, and health & wellness experts may also operate within the market area. 6. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department /\ h [ City Manager: l ~ lYr( r II #8 May 13,2009 Public Hearing APPLICANT AND PROPERTY OWNER: ELLIS-GIBSON DEVELOPMENT GROUP STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (Green Market or Flea Market) ADDRESS I DESCRIPTION: Property located 2181 Upton Drive. GPIN: 24142499220000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: Total site: 4.75 acres Lease site: 27,500 SF AICUZ: 65 dB to 70 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of a portion of the parking lot at 2181 Upton Drive (Red Mill Commons and Red Mill Walk) for an outdoor market place. This "green market" is a non-profit organization that is dedicated to providing a place in this area for residents and visitors that encourages people to eat locally grown or produced foods and promotes the local economy by connecting local sources to the public. Only vendors that fall under the "organic", "all natural" and "health and wellness" categories will be permitted to lease space at the Red Mill Green Market. Some examples of what vendors will be selling are regular and organic fruit and vegetables, all-natural meat products, home-grown flowers, home-baked goods and pastries, local seafood, clams, and oysters, homemade cookies, Virginia wine, organic herbs, and similar natural items. Non-profit organizations such as the SPCA may have a booth, as well as health and wellness organizations. The market will operate from 8:00 a.m. until 1 :00 p.m., each Saturday from Memorial Day weekend to the last Saturday in September. ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 1 I I LAND USE AND ZONING INFORMATION EXISTING LAND USE: Retail center and associated parking lot. SURROUNDING LAND USE AND ZONING: North: South: East: West: · Retail shops and parking / B-2 Community Business District · Retail shops and parking / B-2 Community Business District · Retail shops and parking / B-2 Community Business District · Retail shops and parking / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is mostly impervious with pavement and a retail strip center. There are no known significant natural resources or cultural features located on the site. IMPACT ON CITY SERVICES WATER and SEWER: Site is connected to the City water and sewer systems. FIRE: No Fire Department comments at this time. Permits and Inspections: Requirements as defined by the Virginia USBC and the 2006 International Building Code. · If flame spread information does not exist for the fabric of the tenants' tents, grouping of tents cannot exceed 900 square feet. · Each group of tents shall have a minimum of 20 feet separation distance between them in order to comply with the requirements of Section 2403.8.2 of the International Fire Code, 2006. · Any modification to the existing electrical service shall require proper permits prior to market operation. · The use of extension cords for any tenant needing electrical power shall be approved by the Fire Department per Section 605 of the International Fire Code, 2006. · Minimum restroom fixture requirements would permit separate sexed, ADA-compliant portable restrooms to be used for the 4-hour period of this market. HEALTH DEPARTMENT: Coordinate market activities with Virginia Department of Agriculture and Consumer Services prior to market opening. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this site as part of the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 2 I I The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent businesses. Evaluation: The applicant is proposing to manage a green market in an existing parking lot of a large commercial complex. The applicant has set strict regulations, which they will monitor, for the tenants that will occupy the site seasonally. This type of outdoor market will provide an additional amenity to the residents of this area, as well as an attraction for visitors. The conditions below will ensure the continued success of the market while maintaining its compatibility with the surrounding area. Staff, therefore, recommends approval of the request with the conditions below. CONDITIONS 1. The activities of the Green Market shall occur in the area of the parking lot on the southern side of the retail strip designated as D8E-1. 2. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1 :OOp.m., during the period between the traditional Memorial Day weekend and the last Saturday in September. 3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 4. Parking for the market shall occur in the parking area at the east side of the retail strip as allowed by agreement between the applicant and those property owners. 5. The market shall not sell 'hard qood' type of item other than those indicated. The market shall be only for the sale of local agricultural, seafood, and related organic food products, pet-friendly businesses, non-profit organizations and health & wellness experts. 6. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 3 I I ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 4 '~~'. "- l-.. ~i ~ ~ Cl:l l::1 'E "- l-.. ~ ~ UJ ~ co :::: 0 ~I C) <I Z "tl ti Q) ~ Q: o u. ~ ('I)cg ('I)&t) .. NN ~ ~ i:D i:D .CTCC ioCl)~~ Ngmas ~Cl)o.Q.o 'iC'i'gog _('I)...lD lD .. ':; og as ....- :I: G) CT ~ O"'lD~ C<a:::o. ;;'--- =gss ~ii:~~ . I . . ..'i (I) 0 c= o Q) W>l C C lD- Eog -.5 'tJ,s: CO 0= :;::I,s: mC) u- o,s: -- oga Q)1e Cl)N &,x eo Q.O . ~ II leu.. ... ... <<:> ... <<:> <<:> ~Clc:aO==C::>>. "'_JII. CI .. .. :0 . .. J ! ~ Q) c~ 00 :;::I U c lDB eo. Q);:) "og .5c .,as lD . il !c lDlD ;;l! oel ..c .. 0 0." &t)- NW .- I . u c::; ;!! 0.:' I \...1 .s' tJ) ~ ~:::::: , - . r<,,;,_ o~: _ e "0 m ~I o PROPOSED SITE PLAN ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 5 I I :I: U <( w cc <( - z - ~ c:: - > ... V") z o ~ ~ o U ....J ....J ~ (:) w c:: ,..: w ~ a:: <C ~ Z w w c:: ~ PROPOSED MARKET PHOTOGRAPHS ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 6 ,I I M KL-12 Ell. G.b D I G ap , tS- t son eve obment roub Mop Not to Scole ~l,~h ~ ~ ~ rr~~'-L jJ 117 ~~ '1. ~"'"C 'J <::;, "" "" vrJ'?W'(I!} ~ ~N~~ ~ ' 0 ~. ~ - ~y~ 't ~ 7t~6 - "" ~ ,~~ {? 1t ~ 1;'''6 ~ ~ 9 (, rBiY,;: - z ' · \f7I ')( <:::> ~~~~ ~~~ :~~'? "1 )1 * 2.l!' ~~ rb }~;~ ' ~ c;;, 'II " ~ (~ 't1 <::;, /J/? "":J fi'1/)) r~ U;iJ7~ ~/-. ';( ~ 1/) c<> /;,"'7 ,JI ~ ~, t~~~_ 1/ ~- "i ~> ~ V) 'I ~ '" e.. II ~ ~ ~ 1'"" JI_ '" ~ tr: " ~ rl I JJ 1~ ' t ~ - n 'If"lJij,,. ~,~~ ~v ~~ - E 2 ~ -7 - ;'///~ ) 'F 7I'1N:tP . ~# ~ ~ ~~ ~ Jt. r t- ' /1 z..f fJ. , ~ -..' 'fJfJt.. r~ ::ZJ 7' . GUP for Green Market (Flea Market) 1 08/12/08 Modification of Conditions Granted 08/05/03 Conditional Use Permit (Bulk storaoe) Granted 12/05/00 Conditional Use Permit (automobile service station) Granted 01/13/64 Conditional Use Permit (Racetrack) Granted 11/12/63 Rezoning Residential Agricultural Limited Commercial to Limited Commercial Granted 2 03/25/03 Conditional Rezonino B-2 to B-2 & A-18 Granted 3 12/11/01 Conditional Rezonina B-2 to A-12 Granted 4 11/14/95 Conditional Use Permit (automobile service station) Granted 09/25/90 Conditional Use Permit (fuel sales & car wash) Granted ZONING HISTORY ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 7 I ; DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, flfrn business, or other unm<:orporated orgamzation complete the following: 1. Ust the applicant name followed by the names of all officers members. trustees, partners, ete, below: (Attach list if necessary) Lake GEM II lLC - Eric Anderson Lucy Reasor 2, List all businesses that have a parent-subsidiari or affiliated bUSiness entity: relationship with the applicant: (Attach list if necessary) NfA o Check here if the applicant is NOT a corporation, partnership firm business or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant, If the property owner IS a corporation, partnership, firm business, or other unincorporated organization, complete the following: 1, list the property owner name followed by the names of all officers, me~mbers, trustees, partners, etc, below: (Attach list if necessary) NIA 2, List all businesses that have a parent-subsldiari or affiliated business, entity2 relationship with the applicant: (Attach list if necessary) NiA o Check here if the property owner is NOT a corporation partnership firm, business, or other unincorporated organization, 1 & Z See next page for footnol~-" Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes __ No~. If yes, what is the name of the official or employee and the nature of their interest? CO{1(:htilJra:~ U$~ P€f?'nit ApphcatJor Page \I d 10 Re\Ase<! 7/3t200" z o I I ~ U I I ~ ~ ea F-c ~ ~ ~ CI:J ;=J ~ ;0 I I F-c I I &:a Z o u ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 8 z o I I !< u I I .....:I ~ ~ f-4 ~ ~ ~ ~ c::I':} p ~. Z' 01 I I f-4 I~I , ., z' o u II DISCLOSURE S ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services' (Attach list if necessary) ~'t. "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act Va Code S 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (t) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities, Factors that should be conSidered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities' there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va, Code S 22-3101, CERTIFICATION: ! certify that the information contained herein IS true and accurate I understand that upon receipt of natrlcatlon ! postcard) that the apphcaHon has been scheduled for public hearing I am responsible for obtaining and postmg the required sign on the subject property at least 30 days prior to the Scheduled public hearing according to the Instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processmg and evaluatmg thiS applicetion Jet Fntz ~-,~"""~~,,,,,,,,,,,,,,,---_.,,-,,, Pnnt Name Applicen.ts Slgn<!tu~e-"' _--- ~. ,./" / //'~' / .......:...0<,,,,,,-- C....,L""C"~,," Property Owner s Signature iif different than applicant) Enc Anderson ~ ~-_._" Print Name C0fR1WonaJ Use Permit Appk:mtl€);"; 1Dcf10 7/3/20t17 ELLIS-GIBSON DEVELOPMENT GROUP Agenda Item 8 Page 9 I I Item #8 Ellis-Gibson Development Group /Gem II, L.L.c. Conditional Use Permit 2181 Upton Drive District 7 Princess Anne May 13, 2009 CONSENT Joseph Strange: The next matter is agenda item 8. An application of Ellis-Gibson Development Group/Lake Gem II, L.L.c. for a Conditional Use Permit for a seasonal outdoor green market on property located at 2181 Upton Drive, District 7, Princess Anne, with six c:onditions. Mike Culpepper: Good afternoon. Members of the Planning Commission, I'm Mike Culpepper, counsel for the applicant in this case. The conditions are acceptable with one exception, which is number 5, which pertains to the prohibition for the sale of hard goods for this particular green market. We ask that you delete this particular restriction so that we can sell hard goods at the green market. Janice Anderson: Mike? The hard goods they were referring to are like radios. Things like that. We're not discouraging crafts. Mike Culpepper: Okay. Janice Anderson: Okay. Mike Culpepper: Well, the items that we wanted to make sure that we could sell would include crafts and handmade items like baskets. Janice Anderson: Right. Mike Culpepper: Artisan type materials. Janice Anderson: Those are not under our definition of hard goods. What we're trying to do is that it doesn't turn out to be a store outside, which all your merchandise. It is crafts, organic foods, and things like that. Mike Culpepper: Collective gifts and things of that nature would be permitted? Stephen White: Yes. We don't want it to turn into a flea market is what we're after. We don't want radios. We don't want people bringing in their used items from home, that kind of thing. As long as it is related to a green market and a farmer's market kind of activity, I think the Zoning Administrator will be okay with it. But the crafts and the hard goods must not be the sole item being sold. It must not overwhelm the produce and other items. Item #8 Ellis-Gibson Development Group/Gem II, L.L.C. Page 2 Mike Culpepper: We will primarily feature organic foods and related items but provided we can still sell crafts. Janice Anderson: Crafts. We didn't just want to turn it into a flea market. Mike Culpepper: Understood. Janice Anderson: Okay. Mike Culpepper: We agree. Janice Anderson: We are all I agreement with it. Thanks. Mike Culpepper: Thank you very much. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Al Henley to review this item. Al Henley: Thank you Mr. Strange. The applicant requests a Conditional Use Permit to allow use of a portion of the parking lot at 2181 Upton Drive (Red Mill Commons and Red Mill Walk) for an outdoor market place. This "green market" is a non-profit organization that is dedicated to providing a place in this are for residents and visitors that encourage propel to eat locally grown or produced foods and promotes the local economy by connecting local sources to the public. Only vendors that fall under the "organic", and "all natural", and "health and wellness" categories will be permitted to lease space at the Red Mill Green Market. Some examples of what vendors will be selling are regular and organic fruit and vegetables, all-natural; meat products, home-grown flowers, home-baked goods and pastries, local seafood, clams, and oysters, homemade cookies, Virginia wine, organic herbs and similar natural items. Non-profit organizations such as SCP A may have a booth, as well as health and wellness organizations. The market will operate from 8 :00 a.m., until 1 :00 p.m., each Saturday from Memorial Day weekend to the last Sunday in September. Staff has recommended approval of this application. Therefore, the Planning Commission has placed this item on the consent agenda. Thank you. Joseph Strange: Thank you AI. Madame Chair, I have a motion to approve item 6. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE ABSENT 1 ABSENT I I Item #8 Ellis-Gibson Development Group/Gem II, L.L.c. Page 3 KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 6 for consent. I I NEW CINGULAR Map H-22 M<>p Not to Scale New e7 AG-2 o c:::a n~ DO ,."'0 _ 00 CJ o G-2 AC-l Relevant Information: · Princess Anne District Evaluation and Recommendation: · This application must be deferred as the lease agreement with the City is not yet final. ~.......~ (~J) ......~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T), CONDITIONAL USE PERMIT, Communications Tower, 6009 Blackwater Road. PRINCESS ANNE DISTRICT. MEETING DATE: May 26,2009 . Background: The applicant is seeking a Conditional Use Permit for a communication tower to be located on the site. Currently a 140-foot high self-supporting lattice tower is located on the site. This tower supports the City's Emergency 911 system. The applicant proposes to extend the height of the existing tower by four (4) feet and install two (2) antennas. A 12-foot by 30-foot (12'x30') concrete pad will be installed to accommodate a platform on which the equipment cabinets will sit. . Considerations: This item was advertised for hearing based on an assumption that the necessary lease agreement between the applicant and the City of Virginia Beach, the property owner, would be finalized by this time. The agreement, however, is not yet final. . . Recommendations: As the lease is not yet approved and final, this item must be indefinitely deferred. Once the lease is final, the item will be advertised for hearing. . Attachments: Location Map and Summary Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department I~ City Manager~ lL.~ t'O'l, I I CHESTER AND VIVIAN TUCKER Map L-I3 M Not t Sole p-, (1) CUP for Country Inn Relevant Information: · Princess Anne District · The applicants propose to convert their home into a five (5) bedroom country inn. · The applicants intend to market the inn to attendees of local equestrian events and festivals, beach vacationers, and other tourist events and attractions. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). Consent agenda ~(.~...-<\ ~"t ~;C;s:;'l; ;a.;;~ ~' ,~~, f'>..,~ ' ~, il:+ "~~~ \~~, ,,;,~~?j .................. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHESTER AND VIVIAN TUCKER, Conditional Use Permit, country inn, 1557 Sand bridge Road. PRINCESS ANNE DISTRICT. MEETING DATE: May 26,2009 . Background: The applicant requests a Conditional Use Permit for a country inn. Specifically, the applicants propose to convert their existing home into a five (5) bedroom inn. None of the rooms will have their own entrance or exit to the exterior, and the facility will function similarly to a bed and breakfast inn. The applicant intends to market the inn to attendees of local equestrian events and festivals, beach vacationers, and other tourist events and attractions. . Considerations: A shared driveway leads to an existing 600 square foot concrete parking pad, adjacent to the house, proposed for handicap parking while the majority of the guest parking is proposed on an existing gravel area. Portions of the site are impacted by the 1 OO-year floodplain, and, as such, the applicant requests that the gravel area remain gravel, in lieu of being paved. No additions to the dwelling are proposed at this time but may be necessary to convert the home to a total of five (5) rooms. The applicants desire to begin operating with three (3) rooms and as business grows, possibly add two (2) more rooms. The. applicant is providing adequate guest access and parking on the site and has adequate area on the site to expand and upgrade the septic facilities to accommodate the guests. Approval from the Health Department for the change in use from a single-family dwelling to a country inn is required as upgrades to the system may be required. Since no elevation drawings were provided depicting the possible building addition for the two (2) future rooms, a condition of the Use Permit is recommended below requiring that any building addition to the existing dwelling reflect the 'charm' of the cottage and utilize the same building materials and colors as the existing structure. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to recommend approval of this request to the City Council with the following conditions: CHESTER AND VIVIAN TUCKER Page 2 of 3 1. A Certificate of Occupancy for the change of use must be obtained from the Building Official's Office prior to operating the residence as a Country Inn. 2. A Tourist Establishment Permit must be obtained from the Virginia Department of Public Health. 3. Approval from the Health Department shall be obtained for water and sewage disposal, as City water and sewer service are not currently provided to this site, and any modifications to the exiting septic system shall be installed as deemed necessary by the Health Department prior to the issuance of the final occupancy. 4. The Country Inn is limited to no more than five (5) 'guest rooms. 5. Food service shall be limited to breakfast and a light fare menu of sandwiches, salads, soups, fruit and cheese plates, and snacks provided only for the guests of the inn. 6. The development of the site shall substantially adhere to the site plan entitled "Site Plan, Lot 2, Subdivision of Portion of Property Owned by David B. Hill, Jr., et. al.," prepared by Gallup Surveyors & Engineers, Ltd., dated June 30, 1987, with the exception of addition(s) to the dwelling. The site plan has been exhibited to City Council and is on file in the Planning Department. 7. Any additions to the dwelling shall comply with the regulations of the Floodplain Ordinance and any other City Ordinances and regulations. 8. Any additions to the dwelling shall be in substantial conformance with the architectural design and with the same building materials and colors as the existing residential structure and shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit. 9. Signage shall be limited to one (1) identification sign no more than nine (9) square feet in area. There shall be no other signage in or on the windows, doors or exterior of the building other than emergency or directional signs that may be required by the Building Official's Office. 10. The applicant shall meet with the Fire Marshal to review the site, the building and the site plan and implement recommended fire safety measures deemed necessary and enforceable by the Fire Marshal for the facility. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map CHESTER AND VIVIAN TUCKER Page 3 of 3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Plannin~ Department ~\jj City Manager: ~ l. ~ Map L-IJ Mo N t p-, [1) REQUEST: Conditional Use Permit (country inn) ADDRESS I DESCRIPTION: 1557 Sand bridge Road GPIN: 24138854670000 ELECTION DISTRICT: PRINCESS ANNE #5 April 8, 2009 Public Hearing APPLICANT & PROPERTY OWNER: CHESTER & VIVIAN TUCKER STAFF PLANNER: Carolyn A.K. Smith SITE SIZE: 2.88 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a country inn. Specifically, the applicants propose to convert their existing home into a five (5) bedroom inn. None of the rooms will have their own entrance or exit to the exterior, and the facility will function similarly to a bed and breakfast inn. The applicant intends to market the inn tc? attendees of local equestrian events and festivals, beach vacationers, and other tourist events and attractions. A shared driveway leads to an existing 600 square foot concrete parking pad, adjacent to the house, proposed for handicap parking while the majority of the guest parking is proposed on an existing gravel area. Portions of the site are impacted by the 1 OO-year floodplain, and, as such, the applicant requests that the gravel area remain gravel, in lieu of being paved. No additions to the dwelling are proposed at this time but may be necessary to convert the home to a total of five (5) rooms. The applicants desire to begin operating with three (3) rooms and as business grows, possibly add two (2) more rooms. CHESTER AND VIViAN TUCKER Agenda Item 5 Page 1 I I LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: . Single-family dwelling / AG-2 Agricultural District . Single-family dwelling / AG-2 Agricultural District . Sandbridge Road, Lotus Road, Atwoodtown Road . Plant nursery / AG-2 Agricultural District . Single-family dwelling / AG-2 Agricultural District . Vacant / AG-1 Agricultural District The site is located within the Southern Watersheds Management Area. The front yard (east side of the site) and northern portions of the site are within the 100-year floodplain. No improvements at this time are proposed within the environmentally sensitive portion of the site. The majority of the site is wooded. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Sandbridge Road is two-lane minor suburban arterial roadway and is included on the MTP as a future four-lane undivided roadway with a bikeway and scenic buffer with a 143-foot wide right-of-way section. TRAFFIC: Street Name Present Generated Traffic Volume Present Capacity Sand bridge Road 10,300 ADT 13,600 ADT 1 (Level of Existing Land Use;'! - 10 Service "C") - 15,000 ADT ADT 1 (Level of Service Proposed Land Use 3 - 55 "E") ADT , Average Daily Trips 2 as defined by single-family dwelling 3 as defined bv countrv inn WATER & SEWER: There is no City water or sewer service to this site. Prior to occupancy as a country inn, Health Department approval is required. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this site as part of the Princess Anne Area, formerly known as the Transition Area. Development potential is this area is purposely low as lower densities minimize impact on public infrastructure and are in line with the intent of the Green Line and the Hampton Roads Joint CHESTER AND VIVIAN TUCKER Agenda Item 5 Page 2 I I Land Use Study. The Princess Anne Area is seen as the gateway to Virginia Beach's rural south and is a mixture of open space, recreational areas, environmental conservation areas with quality housing that serves as a transition to the northern urban area and the rural southern area. Evaluation: Staff concludes that the country inn will be compatible with adjacent and surrounding uses. The uses bordering this site are single-family homes on large agricultural lots. The proposal to convert the existing residence into a country inn with up to five (5) rooms for overnight guests will not negatively impact the surrounding properties. The applicant is providing adequate guest access and parking on the site and has adequate area on the site to expand and upgrade the septic facilities to accommodate the guests. Approval from the Health Department for the change in use from a single-family dwelling to a country inn is required as upgrades to the system may be required. The applicant has stated that their intention is to offer three (3) rooms to guests initially and as business increases, add another two (2) rooms. As no elevations were provided depicting a possible building addition, Staff recommends a condition that any building addition to the existing dwelling reflects the 'charm' of the cottage and utilizes the same building materials and colors as the existing structure. Staff recommends approval, subject to the conditions below. CONDITIONS 1. A Certificate of Occup.ancy for the change of use must be obtained from the Building Official's Office prior to operating the residence as a Country Inn. 2. A Tourist Establishment Permit must be obtained from the Virginia Department of Public Health. 3. Approval from the Health Department shall be obtained for water and sewage disposal, as City water and sewer service are not currently provided to this site, and any modifications to the exiting septic system shall be installed as deemed necessary by the Health Department prior to the issuance of the final occupancy. 4. The Country Inn is limited to no more than five (5) guest rooms. 5. Food service shall be limited to breakfast and a light fare menu of sandwiches, salads, soups, fruit and cheese plates, and snacks provided only for the guests of the inn. 6. The development of the site shall substantially adhere to the site plan entitled "Site Plan, Lot 2, Subdivision of Portion of Property Owned by David B. Hill, Jr., et. al.," prepared by Gallup Surveyors & Engineers, Ltd., dated June 30, 1987, with the exception of addition(s) to the dwelling. The site plan has been exhibited to City Council and is on file in the Planning Department. 7. Any additions to the dwelling shall comply with the regulations of the Floodplain Ordinance and any other City Ordinances and regulations. 8. Any additions to the dwelling shall be in substantial conformance with the architectural design and with the same building materials and colors as the existing residential structure and shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit. CHESTER AND VIVIAN TUCKER Agenda Item 5 Page 3 , I 9. Signage shall be limited to one (1) identification sign no more than nine (9) square feet in area. There shall be no other signage in or on the windows, doors or exterior of the building other than emergency or directional signs that may be required by the Building Official's Office. 10. The applicant shall meet with the Fire Marshal to review the site, the building and the site plan and implement recommended fire safety measures deemed necessary and enforceable by the Fire Marshal for the facility. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. . The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHESTER AND VIVIAN TUCKER Agenda Item 5 Page 4 I , AERIAL OF SITE LOCATION CHESTER AND VIVIAN TUCKER Agenda Item 5 Page 5 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant IS a corporation, partnership bUSiness or other umncorporated organization complete the fonowll1g 1 Ust the applicant name followed by the names al! officers members trustees partners ate, below (Attach list if necessary! __~.'_",,'_~w___~_""_~~___. ,.,-,..._.,~"~$'-"-~--' . --. .~- .----,--.---~.-......-.,. ..__.._.--~- _.._~__A._____'___.__,____W_.....,^___'_,,__~~~"_".~_m,_'O.._..,"._",,,,,~m.,~_-""'.~"'_"'."__'_"_'~~"_~^""""" 2, llst all businesses that have a parent-subsidiary or affiliated bUSiness entity' relationship with the applicant: (Attacfllist If necessary) n;:r'Check here if the applicant is NOT a corporation partnership firm business or other unincorporated organization PROPERTY OWNER DISCLOSURE Cornpfete 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 foltowing: 1 List the property owner name followed by the names of all officers, members trustees partners, etc. below: (Attach list if necessaryi ____c~_~~_,_.,__~,_,____..,_____~__~~,c_~___._____.~._..._~_-_...~"'.. -_.._~,----~~-_....,----'''-".^,''~ ...~.__.>_____~~_,~."_".,~_.___~__,_,.__,,..___~,,_.~._,_._~__,_~_~~.~__...~.~...._.._~.,..._...._._.~.._~~w''''_V~ 2, Ust all bUSinesses that have a parent-subsidiary 1 or affiliated busmess entity" relationship With the applicant (Attach fist If fWGeSsary) ~'CheCk here if the property owner is NOT a corporation partnership firm bUSIness, or other unincorporated organization ["."..------. ,--, &,' See next page for foolrntes Does an offiCial Qf of the City of Virginia Beach have an Interest In the subject land? Yes _~._.._ No If yes ',','hat is the name of the offiCial or employee and the nature of thEm Iflterest? """'~""'~"WAW.,....,~.",,, ^"""~~__,___,_,_,,,,~,___"',_'~_~_~ ... ~~.~~_~._~.",__..~....,...".__." ... .....,~~",_w"w."..,..,"~,...,"'_~_..... ,. C wddlGf):w U~f~ j,l~~rtnrl d 7 1l200""t I I z o . . ~ U I . ......:1 r-'. ~ f-c ~ ~ r". ~ ~ ;::J ~ o I I f-c . ( ~ Z o u CHESTER AND VIVIAN TUCKER Agenda Item 5 Page 8 z o I t ~ U I I ......:t ~ ~ f-4 ~ ~ ~( ~ CI":J P ~ o I ( f-4 . ( ~ z o u DISCLOS ADDITIONAL DISCLOSURES List all known contractors or busInesses that have or wHl provide sl~rvlces with respect to the requested property use, including but not Hl1'iited to t!le prOWlers of a~hitectural services, real estate serVices, financial servtces. accounting services and legal sSP/Ices: (Attach list If necessary) l.?d.niZ .ilL" A yYlt'. itrd .~ n d (d.-4e.{2f2t'l t c f A_______.____..._.____.._... ,.. ,____~,_._,_~~",....,_.__~_~._~._~,____<<_.~____.fi'~._~,._______,._~.___'~~..'.~__""'_'"" ____~_".,._..............."~'_","~,~. .... ,_no ,~_,__.-_~,,_.,,'____._w_,...__---"',,____"_._~'~w""_"~'~"_'~'~"~.~~ . _...~~._...w.......""""'"', _.__.,",'"_"______~__'~",..-__._. .,.._~_^_,"_.."...,.".____~A._____.___P.y___",.,..._.'.','N____.~.O~ , "Parent-subsIdiary relationship means "a relationsh.p tilet e Xf$t~, when one corporation directly or Indirectly owns shares possessing more than 50 pmcent 01 1he votmg power of another corporation," See Stale and Local Government Confhct of Interests Act Va Gooe S 2.2.3101 I 'Affiliated bus mess entity relationship means '3 relations!up. other than parent. subsidiary relationship that eXists when (i) one business entity has a controHing ownershIp Interest m the other busmes$ entity, (iil a controlling owner in one entity IS also a conlroHrng owner in the other entity, or (ili) there is shared management or control between the business entitles Factors that should be considered in determining the eXistence of an affii!ated buslI1ess entity relationshIp Include that the same person or substanMlly the same person own or manage the tIN 0 entitles: there are common Of commlf1gled funds Of assets, the bUSiness entitles share the use of the same omces or employees or otherWise share actlvltles resources or personnel on a regular baSiS or there is otherwise a close workmg rClatlonshqJ hen.veen the entIties." See State and Local Government Cantlte! of !ntere~>!s Act Va Code S 22.310t CERTIFICATION: j cert1ly lhat the information contained her,NI IS true and accumte I understand ttlat upon receipt of natiflcatton {postcard ~ that the application has I}een scheduled tor pubHc hearing I am r€!spons4)le fOf 00lal11lng and posting the sign oc tt'6 SUUpi!ct at least JO {lays prior to the scheduled publiC hearing ilcccrding to IrlstructlOl1s 1'1 this package undersign~j also consents to entlY upon 1he subject property bv employees of the Departrr.ent of Planning to photograph arc ),ew the site fer curpcses of processmg and evaluating thiS applicatIOn <' l ('r-" c hesi e, ( -T-\,Av~ r- i." '. "',1 ,~..L.' " \,(-UI~L.l.~.,.J.~~-, Pnnt Name ,,"' ,'" J. ll.J,[,,(~\,_ .. ---,-- I€' if dllferen! than applicant; U:.e P?-~m~t i\~~t>i\{:{)tR)f) F,~(Jd ~D uf 1U Pev;J.;,fd ,vZt}G7 CHESTER AND VIVIAN TUCKER Agenda Item 5 Page 9 Item #5 Chester and Vivian Tucker Conditional Use Permit 1557 Sandbridge Road District 7 Princess Anne April 8, 2009 REGULAR Janice Anderson: The next matter that we will address is item 5. That's the application of Chester and Vivian Tucker. This is for a Conditional Use Permit for a country inn on property located at 1557 Sandbridge Road, in the Princess Anne District. Will the applicants please come forward? Welcome. Vivian Tucker: Hello. I'm Vivian Tucker and this is my husband Chester. We are applying for a country inn to convert our current home into a country inn on Sandbridge Road. Janice Anderson: Okay. Can you just tell us a little bit about the features that you're going to have there? How you are going to change the existing home? Vivian Tucker: Well, we currently have three bedrooms. That is where our guests are going to stay. Weare on three acres. Our neighbors next door have horses if someone came to our area we couldn't actually board their horse currently but sometime in the future if they wanted to have their horse boarded. It's for overnight guest stay. There are people coming to the beach. We would cook a small breakfast in the morning for them. Janice Anderson: Okay. Right now, you're looking at actually having three bedrooms that you are going to rent out but you have asked for five, to have two for expansion? Chester Tucker: Right. Vivian Tucker: Right. Janice Anderson: But right now it would be three. Vivian Tucker: We do have parking in the driveway there currently. Janice Anderson: Are there any questions.bfthe Tuckers at this point? We will probably bring you back up here in a little bit. Okay? Thank you. Vivian Tucker: Okay. Eugene Crabtree: I don't have any speakers. Janice Anderson: No speakers? I , Item #5 Chester and Vivian Tucker Page 2 Eugene Crabtree: Well? I've got one in support. Vivian Tucker. Janice Anderson: That was the applicant. Eugene Crabtree: That was the applicant. Janice Anderson: Okay. I'll go ahead and open it up for discussion then. Al Henley: The only comment and I mentioned it in the informal session that I had on condition 10, and I will read that out loud. It says "the applicant shall meet with the Fire Marshal to review the site, the building and site plan and implemented recommended fire safety measures deemed necessary and enforceable by the Fire Marshal for the facility." Janice Anderson: Mr. & Mrs. Tucker, can you come up please? Vivian Tucker: Okay. Janice Anderson: Mr. Henley suggested another condition. Did you just hear that he read about the Fire Marshal and adding that as a condition too? Chester Tucker: We don't have a problem with that. Janice Anderson: No opposition to that matter? Is there anything else? Al Henley: Other than the ADA, anytime that you're inviting the general public to rent out rooms, it is a lot of hurdles and obstacles that you must overcome. Some ofthose are the American Disabilities Act (ADA) requirements, which is for handicapped facilities and things of that nature. But essentially that's it. Y ou'lLfind it quite interesting. Janice Anderson: Okay. Thank you. Vivian Tucker: Okay. Janice Anderson: Are there any other comments? Is there any discussion? Do I have a motion? Al Henley: I make a motion to approve this with the amended conditions. Janice Anderson: A motion to approve with the ten conditions stated. Is there a second? I have a second by Henry Livas. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE Item #5 Chester and Vivian Tucker Page 3 CRABTREE HENLEY HORSLEY KA TSIAS LIVAS REDMOND RIPLEY RUSSO STRANGE AYE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved the application of Chester and Vivian Tucker with the amended conditions. Janice Anderson: Thank you Mr. & Mrs. Tucker. J~ 3D,LOU-' -i:-- y~ ~) ..._____ L . -1 \ - - { ~~ D~ ~<;~ hOtS CU ~-\JA (l;~ II J-uJl <:t4'- , i\ ^ () D oY- ()o.. "c owV'.:\-r ~ i,'I'\/l'"" o;t ~ I r- \ . cL 'd~ jL-btlO\' \Us\ ~~ Up 155'? SOJf\ \;y\A - ~ -vJ~ R~ >> D(poS ~ -w ~ ~ j 0- C~~. " ,..,:->-\ _~'-(..'V l v .., .~ ) ~, be';) Y' -\' LA.s 01 \'\ e J~ yY\olV') n l (goS $:>..1" elf ~.Jtf 'K-o. I r. '\ '/ '\ Ai (I fro!-. ri;~ " \ l' 'U f \.)-'f \i..:Y" .1\v, L (; -~ ~"\.I{yv' .' i.'11/}...,.!pi'./~v~ , , I L(1,; ; ,<: (; ,- , lJ\ ~~ ~' FJ::CE1\lEO ~t.B () 4: 1\\\)<3 p\J~S~N1NG 1)&'1/'(. '* ~lIb6; e. :?>he ffl' e \ J IS '1S' 56'(\ J. ~(\ d'Yi \2. J., . _ < ( '. c I c91 d cl? 0~! ;1llcr1 ()V>' ..~ ,G-;? -..........,.:~""..t_....., v'.. ......;1. '-..#1_ .'U_ "''''__'__.!I;oo.U .,,, ""................,,_ ~ '" ._v..,... 2. r,,/ ... .,S "if 3. Cr, n Oi M OWNlI. ...NOIO<: D!'IflOl'!R. *to'DflAIlrAGE eAStMfNr 'lJS.Z~'8 p 1806 ~ PLAT') CD (JIJ"'P ~"'(e o ~ , dAH"at: ..II'ST ".oW: ~$8' ,1 S..?p ..0 ~'\~'Z69.50' ... J\cs-r... L- t9.)$' ~",l.l.c~ ,,' J'I~"E_ ..~ I'" ~ ., SAND8R/DGE ROAD (4~ 'R/W) .,~uo;'~ l+,~ J;, l~ t~ J ,I;' 1"'11 w 8HllPH ~ 3 LI\.\I .1. M" ~ '- SCA~~~a40' SITE PLAN LOT 2 :'i;"OIVISION OF PORTION OF PROPERTY OWNED BY DAVID 8. HILL,JR., ET Al PLAT RECORDED IN D.B.2578 P.1806 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE 1"=100' JUNE 30. MADE FOR CIIE~TER D. AND VIVIAN N. TUCKER 1987 19J33 GALLUP SURVEYORS a ENGINEERS, LTD. 3i5 FIRST COLONIAL ROAD ViRGiNiA BEACH. VIRGiNIA 23454 TIS PROPOSED SITE PLAN CHESTER AND VIVIAN TUCKER Agenda Item 5 Page 6 Map L-13 Mo No to Scole p-, (1) 2 p-, [1] OQ~ CUP for Country lnn 1 11/27/07 Change of Zoning (AG-2 to R-15 with PD-H2 Granted Overlay) Floodplain Variance 2 08/12/03 Change of Zoning (AG-1 & 2 to Conditional Granted R-20 and P-1) CUP(open space promotion) CUP (outdoor recreation facility) ZONING HISTORY CHESTER AND VIVIAN TUCKER Agenda Item 5 Page 7 I , FLORDELIZA SAY ANGOS Relevant Information: · Kempsville District · The applicant requests a Conditional Use Permit to allow housing for five (5) seniors in a 3,500 square foot modified single-family dwelling. · The residence has four (4) bedrooms and three (3) full bathrooms. Three (3) care providers will be available to work at this site (including the applicants, Mr. Bayangos and Mrs. Bayangos, plus a full-time employee). Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). Consent agenda ~~~~:\ ,rJ.? ~~.~: "~~~! (t;: j~~ \},",- <.iJ ~. .,,,'" ~~ -......~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR., DBA L1ZA'S RESIDENTIAL CARE, Conditional Use Permit, residential care, 5084 Langston Court. KEMPSVILLE DISTRICT. , MEETING DATE: May 26, 2009 . Background: The applicant requests a Conditional Use Permit to allow housing for five (5) seniors in a 3,500 square foot single-family dwelling, which has been modified for this purpose. Mr. and Mrs. Banangos are certified with the Commonwealth of Virginia as Nurse Aides and have submitted a petition of support with signatures from adjacent property owners. . Considerations: Staff of the City's Zoning Office and the State's Social Services Department determined that the applicants have been caring for three (3) seniors, which is allowed by-right. The applicants now desire to care for five (5) seniors, which necessitates the need for this Use Permit. The majority of seniors living in this facility are not able to move around on their own. The residence has four (4) bedrooms and three (3) full bathrooms. Three (3) providers will be available to work at this site (including the applicants, Mr. Bayangos and Mrs. Bayangos, plus a full-time employee). At least one staff member will be present at all times, seven days a week, 24 hours a day, to provide assistance to the senior residents. The applicants have met with the City's Senior Housing Review Committee (SHRC). The Committee determined that the proposed site is suitable for providing this type of care. Due to the fact that most of the residents living in this facility are not mobile, the SHRC feels comfortable that the existing driveway and two (2) car garage provides sufficient parking on-site. Overall, this site would provide more of a "home-like" care environment than is typically found in large senior housing facilities. In addition, there has been an increased need for housing for seniors in the past few years, and thus, this proposal provides a service greatly needed within the community. The distance of the facility from useful services typically needed by L1ZA'S RESIDENTIAL CARE Page 2 of 3 this age group is adequate and meets the goals of the "Senior Housing Development Guidelines" as provided in the City's Report on Senior Housing Multi-family Issues: A Policy Report, dated July 1997. The proposal is consistent with recommendations in the City's Comprehensive Plan regarding the need to provide more of this type of housing for seniors. The project will provide convenient living opportunities for seniors in a stable residential setting. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend that the City Council approve this request with the following conditions: 1. The Conditional Use Permit shall be for assisted living care of up to five (5) seniors as defined by the City of Virginia Beach Zoning Ordinance within 3 bedrooms of the dwelling located on the parcel. 2. The applicant shall file an application with the State Department of Social Services to be licensed as a Assisted Living Facility home. If the applicant is not licensed as an Assisted Living Facility, the applicant shall care for only three (3) individuals consistent with the regulations of the State Department of Social Services. 3. All necessary alteration permits and a Certificate of Occupancy for the use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy of more than 3 seniors. 4. Only one employee (aide), not including the applicants, may be on the site at anyone time. 5. The applicant shall meet with the City Fire Marshall to review the building and site plans and shall agree to fire safety measures for the facility that are satisfactory to and enforceable by the Fire Marshall. 6. The facility shall meet the building provisions of the American with Disabilities Act or the applicant shall require that the residents be ambulatory. 7. The building shall be protected by centrally-monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally-monitored call-for-aid system 8. The house numbers on the front of the residence shall be clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. I I L1ZA'S RESIDENTIAL CARE Page 3 of 3 9. This Conditional Use Permit shall be administratively reviewed in two (2) years for compliance with these conditions. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~\J CityManager:~ (?.~(lV)i. r- #19 April 8, 2009 Public Hearing APPLICANT: LIZA'S RESIDENTIAL CARE PROPERTY OWNER: FLORDELIZA BAYANGOS, DANIEL BAYANGOS, JR. STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (Housing for Seniors) ADDRESS I DESCRIPTION: 5084 Langston Court GPIN: 14667099830000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 9,610 square feet AICUZ: Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow housing for five (5) seniors in a 3,500 square foot modified single-family dwelling. The majority of seniors living in this facility are not able to move around on their own. The residence has four (4) bedrooms and three (3) full bathrooms. Three (3) providers will be available to work at this site (including the applicants, Mr. Bayangos and Mrs. Bayangos, plus a full-time employee). At least one staff member will be present at all times, seven days a week, 24 hours a day, to provide assistance to the senior residents. SUMMARY OF REQUEST Mr. and Mrs. Banangos are certified with the Commonwealth of Virginia as Nurse Aides and have submitted a petition of support with signatures from adjacent property owners. L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS.JR. Agenda Itelll 19 Page 1 LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: EXISTING LAND USE: Single-family dwelling South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: · Single-family dwellings / PD-H1 Planned Unit Development District · Single-family dwellings / PD-H1 Planned Unit Development District · Single-family dwellings / PD-H1 Planned Unit Development District · Single-family dwellings / PD-H1 Planned Unit Development District There is a water body located north of this site. There are, however, no known significant cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Langston Court in front of this application is considered a two-lane undivided local street. There are no CIP projects effecting this roadway or proposed use. TRAFFIC: Street Name Langston Court Present Volume No Existing Traffic Counts are Available for this Roadway Present Capacity Generated Traffic Existing Land Use - 10 ADT Proposed Land Use 3 - 14 ADT 1 AM Peak Hour Vehicles (entering) 1 PM Peak Hour Vehicles enterin Average Daily Trips 2 as defined by single-family detached house 3 as defined b assisted livin facili with five seniors WATER: This site is already connected to City water. There is a 4-inch City water main along Langston Court. SEWER: City sanitary sewer is available. Sanitary sewer and pump station analysis of Pump Station #444 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 8-inch City gravity sanitary sewer main along Langston Court. EMERGENCY MEDICAL SERVICES: The applicant is encouraged to contact Emergency Medical Services (EMS) for information on how prepare a list of medical information for the residents that would help make L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS,JR. Agenda Item 19 Page 2 things more efficient for the residents and ambulance crews. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area, The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non- residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: Staff of City's Zoning Office and the State's Social Services Department have discovered that the applicants have previously cared for three (3) seniors, which is allowed by right. The applicants now desire to care for five (5). The applicants have met with the City's Senior Housing Review Committee (SHRC). The Committee determined that the proposed site is suitable for providing care for seniors. Due to the fact that most of the residents living in this facility are not mobile, the SHRC feels comfortable that the existing driveway and two (2) car garage provides sufficient parking on-site. Overall, this site would provide more of a "home-like" care environment than is typically found in large senior housing facilities. In addition, there has been an increased need for housing for seniors in the past few years. Staff finds that this proposal provides a service greatly needed within the community. The distance of the facility from useful services typically needed by this age group is adequate and meets the goals of the "Senior Housing Development Guidelines" as provided in the City's Report on Senior Housing Multi-family Issues: A Policy Report, dated July 1997. To insure a standard level of care and services are provided to the seniors, it is recommended that this Conditional Use Permit require the site and applicants to be licensed through the Department of Social Services. The request for a Conditional Use Permit to provide assisted care for up to five (5) senior citizens is acceptable subject to the conditions listed below. As conditioned, the proposed use is compatible with land uses in the surrounding area. It is consistent with recommendations in the City's Comprehensive Plan regarding the need to provide more of this type of housing for seniors. The project will also provide convenient living opportunities for seniors in a stable residential setting. CONDITIONS 1. The Conditional Use Permit shall be for assisted living care of up to five (5) seniors as defined by the City of Virginia Beach Zoning Ordinance within 3 bedrooms of the dwelling located on the parcel. 2. The applicant shall file an application with the State Department of Social Services to be licensed as a L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS. JR. Agenda Item 19 Page 3 Assisted Living Facility home. If the applicant is not licensed as an Assisted Living Facility, the applicant shall care for only three (3) individuals consistent with the regulations of the State Department of Social Services. 3. All necessary alteration permits and a Certificate of Occupancy for the use shall be obtained from the Department of Planning I Permits and Inspections Division before occupancy of more than 3 seniors. 4. Only one employee (aide), not including the applicants, may be on the site at anyone time. 5. The applicant shall meet with the City Fire Marshall to review the building and site plans and shall agree to fire safety measures for the facility that are satisfactory to and enforceable by the Fire Marshall. 6. The facility shall meet the building provisions of the American with Disabilities Act or the applicant shall require that the residents be ambulatory. 5. The building shall be protected by centrally-monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally-monitored call-for-aid system 6. The house numbers on the front of the residence shall be clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. 7. This Conditional Use Permit shall be administratively reviewed in two (2) years for compliance with these conditions. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOSf.JR. Agenda Item 19 Page 4 I I AERIAL OF SITE LOCATION L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR. Agenda Item 19 Page 5 I I ~ ~~ ~~ 00 ^_'lz. ~ OU'l ~ -T----------}~-------------------- 1 JPPROXIlAATE LOCATION or ! z 1 FIELD tOCAT!ON CF ! FlOOO ZONE SEPAAATlON I S' 1 EDGE 0( WATER l!Nt P9I nooo PANfl I ~ - -L . nooo i:!. MllI/EA8lE RlNoI! TOP OF flAM( A\.OJolC - - - __ _ lM 'A' I SHED 022' ovER Il. r lZ'WOOO FEI~Cf; liNE ,- ! --L (JO.43 .L. '-5 73".J8'3S- ! - 72" WOOO ~ ~"O,44'- ~ "---.,o-x. E . -J::....::. 1"11' ~ "- / ;; -----...>;:::.--...;.;..: n.OOo n 1;Z" wooo rEN~ "- ~~. II 0.16' INSJOC It "- -j-/J/- - - - - -. !J.~ ~!JS'J~ ~; ~ ~ -"-.~ .., ~ ~ n" WOOD fENCE "! ~ 1HZ' IIlSIOE It fa~ " ~ m ~. ~ ~.~ u ~ .8./8' 4> C, W.P,I.,. tNe, SIGNED BY NOW OR FORMERL Y KOJPTOOO CORP, - TOOOO CORP. <::. \so LOT-4 3LlO' \ e:;K\ UOYEAllU FRJ.\!E SlG - - -.- - -l>>-- - -- .,; S.27'~ 72' WOOO ftHC( . 1.0S MR If. ',. ., ~ '5084 I-STORY F1W.lE WITH VINYl SIDING 0.10' LOT-3 l4J . It) ~ <:) ~ :ct ~ ZO,61' .... LOT -5 ~o<: , -220,4' TO ll;E PC. or AliMIH tWM:ST 0Il!V[ LANGS TON.... 50' RIGHT OF WAY.... COURT SITE PLAN L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR. Agenda Item 19 Page 6 I , PHOTOGRAPH OF HOUSE L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANG08,.JR. Agenda Item 19 Page 7 I I January 21, 2009 City of Virginia Beach Department of Planning 2405 Courthouse Drive, Room 115 Vrrginia Beach, VA 23456 Att: Leslie Bonilla Re: Liza's Residential Care, Inc. Application for Conditional Use Permit To Whom It May Concern: As evidenced by our signatures below, we the undersigned support the petition ofLiza's Residential Care, Inc. for a Conditional Use Permit. (Printed Name: '2 I Ii. ~_ ) Address: Signature: ~ {} {.{)"", ~5 #0 uV/I(A'I'!j/ fV'JUilt4...t J fk);;/1} ""0 e g L. q ""'foro/} 07- 2?d4. PETITION OF SUPPORT L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR. Agenda Item 19 Page 8 I , DATE 1-11-82 ACTION Granted ZONING HISTORY L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS,JR. Agenda Itel1"l19 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant IS a corporation, partnership. firm business. or other UrHf1COrporatect organization. complete the folfowtng. 1, Ust the applicant name foHowed by the names of all officers members trustees partners, ete belOw: (Attach list if necessary) 2 Ust all businesses that have a parent-subsidiaryl or affiliated business entity" relationship with the applicant (Attach list if necessary) NONE fJ Check here if the applicant IS NOT a corporation, partnership, firm, bUSiness or other unincorporated orgamzation, PROPERTY OWNER DISCLOSURE Complete this section onfy if property owner is different from appltcant. If the property owner is a corporation, partnership firm business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers members trustees, partners, etc, below' (Attach fist if necessary) 2, Lrst aU busmesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant (Attach list if necessary) NONE ~ Check here if the property owner is NOT a corporation, partnership, firm business, or other unincorporated organization, & ' See ~xt page for footnoles Does an offiCial or employee of the City of Virginia Beach have an interest in the sublect land? Yes _'_m No ~ If yes what is the name of the official or employee and the nature of their mterest? t':tndJ:(\".u, l)gW Fetm:1: ApfMf.catK}I-i Pz:ge 9 f)11U ReVi\i.OO "*,"3. ;ca.) '! -, z o I I ~ U I I ......::I =-.. ~ E-c ~ ~~ ~ ;.:::J ~ o I . E-c I . ~ o u DISCLOSURE STATEMENT L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR. Agenda Item 19 Page 10 z C> I I ~ U I I ~ ~ ea f--I ~ ~ ~ CI':J ;::::J ~ C> I I f--I I I ~ Z C> u DISCLOSURE ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have or wHI provldl:; services with respect to the requested property use including but not limited to the provJders of arcMectural services, real estate services, fInancial services, accounting services and legal services: (Attach list if necessary} NONE ~Paren!.subsidiary relationship" means "a relationship that e:(lsts when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and local Government Conflict of Interests Act, Va Code S 2,2.3101 ? -Affiliated business entity relationship" means "6 relationship, other than parent. subsidiary relationship, thaI exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner Ifl one entity is also a controHing 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 ex!stence of' an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets the business entities share the use of the same offices or employees or otherwise share activities resources Of personnel on a regular basis; or there is otherwise a close workmg relatlonshlp between the entities," See State and Local Government Conflict of lnterests Act, Va Code S 22-3101 CERTIFICATION: I certlfy that the Information contamed herEM is true and accurate ! understand that, upon receipt of notification (postcard) that the applicat!on has been scheduled for public heanng, ! am respons!ble for obtaining and posting the reqwred s19" on the subject property at least 30 days prior to the scheduled pubhe hearing according to the Instructions In IhlS package The Underli>1gned also consenls to entry upon the subjecl property by employees of the Department of Planmng to pholograph and view the Sjte for purposes of processing and evaluating thiS application "1 { '.. lt~~~>'~1-'~ Applicant's Signalure.. \) Flordelizs,8ayangos ,--....."..----,_._----~- Pnnt Name Property 0 FiordeHZH Bayangos DISCLOSURE STATEMENT L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOStJR. Agenda Item 19 Page 11 z <=> I I ~ U J I ~ ,::L.c ea f--t ~ Ee ~ ~ ;:=> ~ <=> I I f--t I I c::::l Z <=> u DISCLOSURE STATEMEN I ADDITIONAL DISCLOSURES List all known contractors or busmesses that have or Wilt provide services with respect to the requested property use, Induding but not limited to the providers of archltectural services, real estate services, financial services. accountmg services, and legal services (Attach list if necessary) NONE , "Parent-subsidiary relationship" means "3 relationship that eXists when one corporation directly or mdirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act Va, Code ~ 22-3101, ; "Affiliated business entity relationship" means "8 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 controHing owner in the other entity, or {Hi) there is shared management or control between the busmess enhti~s Factors that should be considered in determining the eXlsten('.e of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets. the bUSIness entities share the use of the same offices or employees or otherwise share activjties, resources or personnel on a regular basis: or there IS otherwise a close working relationshjp between the entities h See State and Local Government Conflict of Interests Act Va Code S 22.3101 CERTIFICA TlON: I certify that the mforrnaflon contamed herem /s true and accurate I.mderstand that. upon receipt of notificahon (postcard) that the appllca\lon has been schedUled for publIC heanng j arn responsible for obtaining and posting the required sign on the subject property at least 30 days pnor to the scheduled public hearing accordIng to the metructions III thiS package The underSigned also consents to entry upon the subject property by employee& of the Department of F'1.lf1IWlg to photograph and view the site for purposes of processing and evaluating thiS apphcatlOf'i Damel Bayangos, Jr Daniel Bayangos ..;r PrlrrtName---~"'"^~---_.- CO;tlC!Ah}i'l>.ll Use Perrrd Apphcatll)p to Of!O 1l3f2007 DISCLOSURE STATEMENT L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR. Agenda Item 19 Page 12 Item #19 Flordeliza Bayangos, Daniel Bayangos, Jr. d/b/a Liza's Residential Care Conditional Use Permit 5084 Langston Court District 2 Kempsville April 8, 2009 CONSENT Joseph Strange: The next item is item 19, an application ofFlordeliza Bayangos and Daniel Bayangos d/b/a Liza's Residential Care for a Conditional Use Permit for residential care on property located at 5084 Langston Court, District 2, Kempsville, with seven (7) conditions. Melvin Friedman: This matter comes under the petition of Liza and Daniel Bayangos for a Conditional Use Permit. Janice Anderson: Welcome sir. Can you please state your name for the record? Melvin Friedman: Melvin Friedman, attomey representing the applicants. Joseph Strange: Are the conditions acceptable Melvin? Melvin Friedman: Yes they are. Joseph Strange: Alright. Thank you very much. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Henry Livas to review this item. Henry Livas: The appljcant request a Conditional Use Permit to allow housing for five seniors on a 3,500 square foot modified single-family dwelling. The majority of seniors living in this facility are not able to move around on their own. The residence has four bedroom and three full bathrooms. Three providers will be available to work at this site, and at least one member will be present at all times, seven days a week, 24 hours a day to provide assistance to the senior residents. Staff of City's Zoning Office and the State Social Services Department had discovered that the applicants had previously cared for three seniors, which is allowed by right. The applicants have met with the Senior Citizen Housing and Review Committee and the Committee determined that the proposed site is suitable for providing care for seniors. However, the applicant will still file an application with the State Department of Social Services to be licensed as an Assisted Living Facility Home. Therefore, we recommend approval of this Conditional Use Permit and we have placed it on our consent agenda. Item #19 F10rde1iza Bayagos, Daniel Bayangos, Jr. Page 2 Joseph Strange: Okay. Thank: you very much Henry. Madame Chairman, I will make a motion to approve agenda item 19. Janice Anderson: I have a motion by Joe Strange and a second by Kathy Katsias. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 19 for consent. I I PRINCESS ANNE CHURCH OF CHRIST CUP [or Religious U.~e Relevant Information: · Lynnhaven District · The applicant requests a Conditional Use Permit to operate a church within one of the units of an existing strip commercial center. · There is adequate parking on the site for the church and the other users within the center. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). Consent agenda ':~~~C"''"I ~;~" } ~(:"o"ll)~'f~~<::f -..~:.:.'''' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE CHURCH OF CHRIST, Conditional Use Permit, church, 3016 Virginia Beach Boulevard. LYNNHAVEN DISTRICT. MEETING DATE: May 26,2009 . Background: The applicant requests a Conditional Use Permit to operate a church within one of the units of an existing strip commercial center. . Considerations: The applicant will lease a 1,800 square foot suite located within a 49,790 square foot retail building. The submitted site plan indicates there are 56 parking spaces on site. The applicant proposes to hold religious services on Sunday mornings, from 10:00 a.m. to 12:00 p.m., and Sunday evenings from 6:00 p.m. to 7:00 p.m. The congregation consists of approximately 40 to 50 members. The proposed lease space will be slightly modified to meet the requirements of the City's building codes for this use. No exterior modifications or additions will be done to the site except for the installation of a new illuminated sign face within the existing sign cabinet attached to building. The church use is compatible with the other uses within the building and will not negatively impact neighboring properties. The site plan depicts 56 parking spaces on-site. The Zoning Ordinance requires 10 spaces for a church with 50 seats. Based on the fact that churches generally have peak operational hours different from traditional business hours, staff finds that the 56 on-site parking spaces are sufficient for this use and the others in the center. The proposed church use is located within an Air Installation Compatible Use Zone (AICUZ) of 65 to 70 dB DNL. Churches and related facilities are considered compatible within this AICUZ; however, the applicant must insure compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code. There was no opposition to this request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to recommend approval of this request to the City Council with the following conditions: PRINCESS ANNE CHURCH OF CHRIST Page 2 of 2 1. The number of individuals attending a service shall not exceed 50 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall not use the space within the building for church purposes until all requirements of relevant Building Code provisions pertaining to a church have been satisfied and a Certificate of Occupancy for the use of the space as a church has been obtained from the Department of Planning / Permits and Inspections Division. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage~~ t.~1W'L REQUEST: Conditional Use Permit (religious use) ADDRESS I DESCRIPTION: 3016 Virginia Beach Boulevard I I #3 April 8, 2009 Public Hearing APPLICANT: PRINCESS ANNE CHURCH OF CHRIST PROPERTY OWNER: AMERICAN ENVIRONMENT FOUNDATION STAFF PLANNER: Leslie Bonilla GPIN: 14971587390000 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 49,790 square foot site 1,800 square foot lease area AICUZ: 65 - 70 dB DNL Sub-Area 3 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a church within one of the units of an existing strip commercial center. The applicant will lease a 1,800 square foot suite out of a 49,790 square foot retail building. The submitted site plan indicates there are 56 parking spaces on site. The applicant proposes to hold religious services on Sunday mornings, from 10:00 a.m. to 12:00 p.m., and Sunday evenings from 6:00 p.m. to 7:00 p.m. The congregation consists of approximately 40 to 50 members. The proposed lease space will be slightly modified to meet the requirements of the City's building codes. No exterior modifications or additions will be done to the site except for the installation of a new illuminated sign face within the existing sign cabinet attached to building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercial strip center PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT Agenda Item 3 Page 1 I , SURROUNDING LAND USE AND ZONING: North: South: . Multifamily homes I A-12 Apartment District · Vacant gas station I B-2 Community Business District . Virginia Beach Boulevard · Across Virginia Beach Boulevard are retail uses I B-2 Community Business District . Retail I B-2 Community Business District . Retail I B-2 Community Business District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of the site of this application is considered an eight-lane divided major urban arterial facility. The Master Transportation Plan proposes a divided facility within a 120-foot wide right-of-way. There are no Capital Improvement Program (CIP) projects slated for this section of Virginia Beach Boulevard. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Virginia Beach 37,224 ADT 1 56,240 ADT 1 (Level of Existing Land Use :.t._ Boulevard Service "D") I capacity Weekday 180 ADT Sunday I 37 ADT Proposed Land Use 3 - Weekday 116 ADT (2 Morning Weekday Peak Hour Vehicles and 2 Afternoon Weekday Peak Hour Vehicles) Sunday I 77 ADT (32 Sunday Peak Hour Vehicles) 2008 Average Daily Trips 2 as defined by a 1,800 square foot shopping center 3 as defined by a 50 member church TRAFFIC ENGINEERING: The proposed use generates less traffic on a Sunday than a specialty retail store of the same size during the weekday when traffic on Virginia Beach Boulevard is dramatically higher. Therefore, the proposed use does not pose a negative impact to the surrounding roadway network. WATER: This site has an existing 5/8-inch meter (ID # 95036650) that may be used or upgraded. There are 20-inch, 16-inch, 42-inch, and 8-inch City water mains in Virginia Beach Boulevard. There are 20-inch and 8- inch City water mains in Kings Grant Road. PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT Agenda Item 3 Page 2 SEWER: This site is connected to City sanitary sewer. There is an 8-inch City gravity sanitary sewer in Kings Grant Road. There is a 24-inch HRSD force main in Virginia Beach Boulevard. There is an 8-inch City gravity sanitary sewer main in Virginia Beach Boulevard. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning , policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non- residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The church use is compatible with the other uses within the building and will not negatively impact neighboring properties. The site plan depicts 56 parking spaces on-site. The Zoning Ordinance requires 10 spaces for a church with 50 seats. Based on the fact that churches generally have peak operational hours different from traditional business hours, staff finds that the 56 on-site parking spaces are sufficient for this use and the others in the center. The proposed church use is located within an Air Installation Compatible Use Zone (AICUZ) of 65 to 70 dB DNL. Churches and related facilities are considered compatible within this AICUZ; however, the applicant must insure compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code. Staff further finds that the existing tree-lined area on the property to the north provides a sufficient buffer between the existing commercial strip center and the multi-family dwelling units to the north. Staff recommends approval of this request with the conditions provided below. CONDITIONS 1. The number of individuals attending a service shall not exceed 50 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall not use the space within the building for church purposes until all requirements of relevant Building Code provisions pertaining to a church have been satisfied and a Certificate of Occupancy for the use of the space as a church has been obtained from the Department of Planning / Permits and Inspections Division. PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT Agenda Itefn 3 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMeNT Agenda ItEln 3 page 4 AERIAL OF SITE LOCATION PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT Agenda Item 3 R~~ie 5 '\ "'\ \ . \ \ ~ \ '\ \ \ , :~ " . '~, -< -'" , 1; t ;., LOCATION OF UNIT ON THE SITE PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONM~NT Agenda Item 3 Page 6 PROPOSED BUILDING ELEVATION PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT Agenda Item 3 Page 7 Ma~~~t i!1~?le Princess Anne Church of Christ ~,,\-~v ~'\-~~ ~~:~"I,I~A~ ~f~ ~ 'I~, ~ "b ir'~' ~ " \.. ,\~'l'17~ ~ ~~ ~,~ -. ~ ~~ ~~~~~~~ V ~~~1' ~~ ~n. \..~~ 0'00 ~~~~a~'~~ ~~~ ~~~ ~ ~~~~ ~~~ ~ :\~ ~ ~, ~ ""'- ~. :E1dB ~~~o~ ~ ~ r~. ~~. ,~ .., 0 ,~~, lJ ~ ~ J;O,o~" .. -. '" ihHt' ..-_ r:.: ~~~ .~ ~ ~"""" ~~g _:;) ~~ 0"_ ~ . ~~ u~~ \ - -- .... ~ . ~~ ~ ~ -' ~ ~~~i.: -=~',~~ \1v ~-='<\"- ~ ~ ~ 'i 0 r ",\oi~" ~ e ~,~ ~ ~ IA ""S. ~ 00 (~"\\ ~~ \ 'FP. ~ J.L :~ B - ~ # # ~ CUP for Religious Use # DATE DESCRIPTION ACTION 1 10-22-79 Conditional Use Permit (car wash) Granted 2 02-22-00 Conditional Use Permit (motor vehicle sales & repair- expansion) Granted 02-10-98 Conditional Use Permit (automobile sales, repair, & storage) Granted 02-14-95 Conditional Use Permit (motor vehicle sales, rental, & repair) Granted 3 07 -05-88 Conditional Use Permit (automobile repair) Granted 4 12-09-03 Conditional Use Permit (motor vehicle sales & service) Granted 5 08-14-90 Conditional Use Permit (automotive sales) Withdrawn 08-28-89 Conditional Use Permit (car-wash) Granted 6 11-26-02 Conditional Use Permit (gasoline sales with convenience store) Granted ZONING HISTORY PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT Agenda Jtetn 3 Page 8 DISCLOSURE STATEMENT APPLICANT OtSCLOSURE If the applicant is a corporation, partnership, firm, bU$iness, or other unIncorporated organization, complete the fonowing: 1 Ust the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Princess Anne Church of Christ Stanley P~t, Dave Taggart, Ell" Eccles, Wanda WlIsoo , ('"'~;.ft>0'~~-1~ t ,1 l~"',# ;;~'t'tl' i, i1f:..,:t{".},.}~t '-:,~'.'ai.',,..l~tr; 2. Ust all businesses that have a parent-subsidiary' or affiliated business entitY' relationship with the applicant (Attach list if necessary) t, i. M o Check here if the applicant is NOT a corporation. partnership, firm, busmes$, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if properly owner is different from applicant. If the property owner is a corporation, partnership, firm, business. or other unincorporated organization, complete the following: 1 List the property c.>wl"ler name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) E /'" - . "',- . . '............" - . , <," , A.mer\e.an' l'Ivi<<.lrlment Foondalioo '- '1"1"-" C\ .l.AA.. '\!. l '>" i, . ..:,' '. I. .,j i f C t {.. f 1 C. ' "" , . . ... \. .. 1 ~'~ "~' ~ L, ,b,;.,...,.,.. ,j 1937Laskm Rd Y1f9ima Beach, VA :23454 2. Ust all businesses that have a pareflt-subsidiary1 or affiliated bUsiness entitl relationship with the applicant: (Attach list if necessary) t" .,' o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, & ~ ~ page for root~ Does an official or employee of the City of Virginia Beach have an lI1terest in the subject land? Yes _ No ~ If yes, what IS the name of the official or employee and the nature of their interest? CoolldtlOftill t.Joo Plmnli AppilCilllO'll ~hPO RMlI<! 'i'i"3l2001 I I ~ I I E ~ rs: eJ ~ ~ o I I E-c I I ~ U DISCLOSURE STATEMENT PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMINT Agenda Itafn 3 Page 9 I , ~ I I E3 ~ ~ i ie ~ ~ ~ co J I H ~ u DISCLOSURE STATEM ADDITIONAL DISCLOSURES List aJl known contractors or businesses that have or wit! provide services with respect to the requested property use, Including but not limited to the providers of archlteotural services. real estate services, financial seMces, accounting services, and legal seMees: (Attach list if necessary) 1 .Patent-subsidiary relationship. means ~a relationship that exists when one ~Cln dlredly Of indirectly owns shares ~ng more than 50 pe~ of the votl.ng ~ of another corporation,. See State andl.oem Government Confik:t of I1'Iterests Ad, Va Code S 2.2-$101 2 ~Afflqted bUSIness $l"ltity relationship' means "a rel~p. otMr" than pal'l!lflt" slJ~relatfOrt$hip, that exists wMn (i) one business entl'ty huaoontroHing ownership lnt"ln the other ~ entity, (Ii) a controWng owner in one entity is also a controlling owner in the ottler entity, ot(iii) there is $hated management or control between the business entities. Fadm that should be considered in determining the exitteM8 of an .fflliated tity relationship intItJde that the same pet$OrI Of su~-the same person own entities; thece. are commonOf' COfr'ltI1ingled fund$ or MHt$; the ~ entities $hare the use of the same offices or employees Of' ~. $hare activities. ~ or pet$OrIneI on a regular basi$; or thece is otheNIfH a dose workIngretatlonshlp entities," See $tate and Local Govetnment Confflot of Interests Act, Va. Code S "~t CoI'd4~aI \M Fetml! ~ ?tOd10 A....., 1/3/2007 DISCLOSURE STATEMENT PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMINT Agenda Itdn 3 Page 10 Item #3 Princess Anne Church of Christ Conditional Use Permit 3016 Virginia Beach Boulevard District 5 Lynnhaven April 8, 2009 REGULAR Janice Anderson: The next matter on the agenda will be item 3. That's the application of Princess Anne Church of Christ. This is for a Conditional Use Permit for a church located at 3016 Virginia Beach Boulevard, in the Lynnhaven District. Do I have a representative on this matter? Please come forward. Welcome. Eugene Thompson: Good afternoon. I'm Eugene Thompson with Ionic Design Studios Architects. I am also a member of the Princess Anne Church of Christ representing the church. We are a small congregation of about 40 to 50 members currently meeting in the PDA Recreation Center on Sunday mornings, and homes on Wednesday evening. What we're looking to do is lease a small 1,800 square feet space in a commercial existing center 011 Virginia Beach Boulevard. It will be on Sunday mornings and Sunday evenings and Wednesday night primarily with a few classes and things like that during the week. There are not really any major changes to the outside. The only addition is of a sign that will be added, which is just a replacement panel that is there. And on the interior, we have some modifications to meet code which would be primarily an additional handicap restroom. That is about all. Janice Anderson: Okay. Are there any questions for Mr. Thompson at this time? Thank you sir. We'll bring you back up in a little bit. Eugene Crabtree: We have one speaker in opposition. Barbara Vandeventer. Barbara Vandeventer: I decline to speak. It's alright. Janice Anderson: Thank you ma'am. No other speakers? I'll open it up for discussion. Joseph Strange: Well, this application was originally on the consent agenda. So, when the time comes I'll make a motion to go ahead with the application. Janice Anderson: Is that a motion? Joseph Strange: Yes. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias for the approval ofthe Conditional Use Permit for religious use. Are there any other comments? Item #3 Princess Anne Church of Christ Page 2 AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KA TSIAS AYE LIV AS AYE REDMOND RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT ABSENT Ed Weeden: By a vote of9-0, the Board has approved the application of Princess Anne Church of Christ. Janice Anderson: Thank you sir. CITY OF VIRGINIA BEACH Mop ~af t~-~C"]e Cit'V of Virpinia Beach ~( \~~ 'r.in IJrJlfiiJ ,,- ~'~'fiif _ ~ ~ ~~ :;r 1,) '-01 DD< If r:J 1 2 1-2 "A ~ 'D. ~ ~J U'Q.':'1C/, ~ .- ~ -..... JJ h" (~'!f-\ "'A~....l ~ ~~ r ~~brs' ro~ ~~~~l'l OO\~ - o\~ \ ,...-.... . 10" t----19p. ;;. ;"~I I .,~ .... "'i.~ 1/. ~\O\~. c, { ~ D ." \ """" Cl in I..... 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'0 A"- ~\V\lI.<l'" '\ " "" 1..11, 7,,,q: C1~ II I~ . ~\rJ\-"" ,,\N ,"=" I , OQ~~\ ~; ~ -~~Sn: ~ \ .. 1# r:s,,\O\~ ~ \l'"",~"'~JL;~ "0 c; ~~ @ o~ /fl 01 ~ ~~~ C9"\t\~ ~" ~r$Q, 11 J !J r, 0 ~ oi\6\~r-.. ~- fD r-,. y 1 ~ Y 1 "" co, - 00. 1.... lrrO~ = J Zoning change from R-5D Lo /-1 Relevant Information: · Beach District · The applicant requests rezoning on the site from R-5D and A-12 to 1-1 Light Industrial for the purpose of developing the site with a use that is compatible to the APZ-1 Evaluation and Recommendation: · Planning Staff recommended approval o Planning Commission recommends approval (10-0). I I ,r,[J>I'i~)~?';C' ~~ >I:m:.. "t-', ~,;,;} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, ChanQe of ZoninQ District Classification, R-5D Residential Duplex District and A-12 Apartment District to 1-1 Light Industrial District, east side of London Bridge Road, south of Potters Road, BEACH DISTRICT. MEETING DATE: May 26,2009 . Background: The applicant proposes to rezone the existing R-5D Residential District and A-12 Apartment District to 1-1 Light Industrial District. The property was acquired as part of the City's acquisition program to prevent further development of incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS Oceana. Once the property is rezoned, it will be marketed to future users whose businesses conform to the permitted uses within the City Zoning Ordinance, Article 18 Special Restrictions in Air Installations Compatible Use Zones (AICUZ). The Comprehensive Plan Map designates this area as a Primary Residential Area, abutting Strategic Growth Area 9 - West Ocean a Area. The West Ocean a Area is generally bound by London Bridge Road, Lynnhaven Creek, and South Lynnhaven Road. The Comprehensive plan identifies the property located in the southern and eastern part of the Strategic Growth Area as suitable for low intensity industrial uses that conform to the AICUZ provisions. The property is restricted to those uses permitted in the City Zoning Ordinance, Article 18, and the APZ-1 Master Plan. . Considerations: The purpose of this application is to rezone the property from a land use that is not compatible to the APZ, residential, to one that is compatible, light industrial. The Department of Economic Development has been marketing the properties for more than a year and has potential users in place. To allow development of the sites, however, the property must be rezoned. To ensure the site is developed in a manner consistent with the recommendations of the Comprehensive Plan, the APZ-1 Master Plan, and Section 1810 of the City Zoning Ordinance, a set of deed restrictions will be recorded with the sale of the property. Those restrictions will act similar to proffers attached to a Conditional Rezoning. The deed restrictions that will be CITY OF VIRGINIA BEACH - LONDON BRIDGE ROAD (EAST) Page 2 of 2 attached to the sale of each property will ensure the sites are compatible with the permitted uses for the area and will control the appearance and site design of the sites when developed. The deed restrictions will control the general use, appearance, and site design to ensure a high level of quality development and compatibility with the surrounding area. The sites are being marketed to future users whose businesses conform to the permitted uses within the City Zoning Ordinance, Article 18, Special Restrictions in Air Installations Compatible Use Zones (AICUZ) and which further the goals of the Oceana Land Use Conformity Program and are compatible with the Comprehensive Plan. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to recommend to the City Council approval of this rezoning request. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~\ ~ CityManage~ L,~~ ~ #4 May 13, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: CITY OF VIRGINIA BEACH I DEPARTMENT OF ECONOMIC DEVELOPMENT STAFF PLANNER: Faith Christie REQUEST: Chanqe of Zoninq (R-5D Residential and A-12 Apartment Districts to 1-1 Light Industrial District) ADDRESS I DESCRIPTION: Property located on the east side of London Bridge Road, north of Wolf Street and south of Potters Road (256 through 268 London Bridge Road, eight (8) parcels along London Bridge Road, and two (2) parcels along Terrell Avenue) GPIN: 14979271000000; 14979252720000; 14979272110000; 14979263510000; 14979264530000; 14979274020000; 14979274750000; 14979284620000; 14979266710000; 14979276410000; 14979277660000; 14979278790000; 14979297500000. ELECTION DISTRICT: BEACH SITE SIZE: AICUZ: 5.89 acres The site is located within a more than 75dBLdn AICUZ noise zone and an Accident Potential Zone 1 (APZ-1). SUMMARY OF REQUEST The applicant proposes to rezone the existing R-5D Residential District and A-12 Apartment District to 1-1 Light Industrial District. The property was acquired as part of the City's acquisition program to prevent further development of incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS Oceana. Once the property is rezoned, it will be marketed to users whose businesses conform to the permitted uses within the City Zoning Ordinance, Article 18 Special Restrictions in Air Installations Compatible Use Zones (AICUZ). CITY OF VIRGINIA BEACH Agenda Item 4 Page 1 The applicant devised deed restrictions that will accompany the sale of the property. The deed restrictions will control the general use, appearance, and site design to ensure a high level of quality development and compatibility with the surrounding area. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped sites SURROUNDING LAND USE AND ,ZONING: North: South: East: West: · London Bridge Road and a vacant parcell R-5D Residential · Single-family and duplex dwellings I R-5D Residential · Single-family and duplex dwellings I R-5D Residential . London Bridge Road NATURAL RESOURCE AND CULTURAL FEATURES: There do not appear to be any significant natural resources or cultural features associated with the sites. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road adjacent to this property is a four-lane minor suburban arterial. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume London Bridge 26,800 ADT 30,600 ADT Existing Land Use 2 - 390 Road ADT 3 Proposed Land Use -450 ADT Average Daily Trips 2 as defined by 5.9 acres of R-5D Residential and A-12 Apartment zoning 3 as defined by 5.9 acres of Iiaht industrial zonina WATER: This site must connect to City water. There is an 8-inch City water line in London Bridge Road. SEWER: This site must connect to City sanitary sewer. Pump Station #514, the receiving pump station for this area, has capacity issues and may require system modification. Developers of the site must submit an engineering hydraulic analysis of Pump Station #514 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer main in London Bridge Road. SCHOOLS: School populations are not affected by this request. CITY OF VIRGINIA BEACH Agenda Ite~ 4 Page 2 Recommendation: Staff recommends approval of this request. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area as a Primary Residential Area, abutting Strategic Growth Area 9 - West Oceana Area. The West Oceana Area is generally bound by London Bridge Road, Lynnhaven Creek, and South Lynnhaven Road. The Comprehensive plan identifies the property located in the southern and eastern part of the Strategic Growth Area as suitable for low intensity industrial uses that conform to the AICUZ provisions. The property is restricted to those uses permitted in the City Zoning Ordinance, Article 18, and the APZ-1 Master Plan. Evaluation: This application to rezone the property from R-5D Residential and A-12 Apartment to 1-1 Light Industrial to market to future users whose businesses conform to the permitted uses within the City Zoning Ordinance, Article 18 Special Restrictions in Air Installations Compatible Use Zones (AICUZ) furthers the goals of the Oceana Land Use Conformity Program and is compatible with the Comprehensive Plan. The deed restrictions that will be attached to the sale of each property will ensure the sites are compatible with the permitted uses for the area and will control the appearance and site design of the sites when developed. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY OF VIRGINIA BEACH Agenda Item 4 Page 3 AERIAL OF SITE LOCATION CITY OF VIRGINIA BEACH Agenda Item 4 Page 4 Map 1foaf ~-~c"le Cit'\J of Vir9inia Beach !{j\ f~\ ~~Q" -"YJ #I~ _;( \ ,.. .. ~"\ tJ UJl 00. /I 1'1 I 2 1-2 \ ~.~.. .>< . I~ '~~.~II 4 ~ . --L. Clear zor\e ~\ ~ n ..;;;..J.... /) 1I !J~N' ~'!! 1 ,~ · . ... ~f'"\ N Oltu...... ..- ifj~ - ~~j \ ~ (j - \ ~______ ~~~ ~ ~,..., rY ~ .~ ,<<>- ~ --, ... - 20 lI= ~ '13 I... ~e.. f I ~ ~\ 004.1\ ~ 0\ p 1 .. \ :- -c;- Bl,~: r>"iJ rJ:1t;';'~ I /~'U \ 0 f\ ~\~ ,~p; 00\ '.. i....... '0 17f '.... f-II 11 --L '"u... . f. ,rs: \ ~ .... 'L'IV' \ ~ D7 M= ~ t"i'- c:::r_ " \... 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Zoning change from R-5D Lo 1-1 1. 10/27/98 Rezoning (R-10 Residential and B-2 Community Business to Conditional 1-1 Li ht Industrial 2. 11/27/01 Modification of Conditions 6/8/99 Conditional Use Permit Church Approved Approved A proved ZONING HISTORY CITY OF VIRGINIA BEACH Agenda Item 4 Page 5 EMENT 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, membets, trustees, partners. ate, below: (Attach fist if necessary) City of Virgima Beach, Mumctpai Corporation 2. List all businesses that have a parent-subsidiary' or affiliated business entity" relationship with the applicant: (Attach list if necessary) NiA o Check here if the applicant is NOT a corporation, partnership, firm, business. or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm. business, or other unincorporated organization. complete the following: 1, List the property owner name followed by the names of all officers, members trustees, partners, etc. below: (Attach list if necessary) NiA 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NiA o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, -1 ~' '& See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _____ No ~ if yes, what is the name of the official or employee and the nature of thelf :nterest? R(~lCf!ing 0,,1 l1 11r2L06 z o ~ ~ u ~ ~ ~ ~ t.:J Z ~ Z o N ~ DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH Agenda Item 4 Page 6 z o ~ ~ u ~ ~ ~ ea C-' z ~ z o N ga I I DISCLOSURE ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have or WI!! provide services with respect to the requested property use, including but not limited to the providers of archltectural services, real estate services, financial services, actounling services, and legal services: (Attach list if necessary) N"A "Pan:int-subsidiary relationship' means "a relatlcmshrp that eXIsts when one corporatIon dIrectly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See Stale and Local Government Confilct of Interests Act Va Code ~ 2,2.3101, . "Affiliated business entity relationship" means "a reiatiOnstllp, other than parent- subsidiary relationship. that exists when (I) one business entity has a controUmg ownership mterest II'l the other bustness entity (ii) a conlroHing owner in one entity is also a controlling owner in the other entity, or (iii) there IS shared management or control between Ihe business entities. Factors that should be conSidered m determining the eXistence of an affiliated business entity relationship include Ihatlhe same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets: the bUSiness entities share the use of the same offices or employees or otherwise share actiVities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the enMics," See State and Local Government Conflict of Interests Act Va, Code ~ 22-3101. CERTIFICATION: I certify that the informabon contaired herein Is true and accurate I understand that upon receipt of notification (postcard) that the apP';cat'on has ooen scheduled for public hearing I am responSible fOf obtmning and postmg the reqJIred sign on the subject property at least 30 days prior to the scheduled pubhc hearing according to the instructions In this package, The cmdevsfgn6'd al$o consents to entry upon the subject property by employees of the Department of Planning to photograph and vie..... HlC sfte for purposes of pr(iCfJSSw,'J and clldl.$atlllg Hus application. James K SDCre 'f/' if ~ ! )..~ P'()p~rty Clwner's~"jgnallir;(if different than applicant I NiA R ~:.h' ;StkC ~ ~ '~ ! ,'Of} DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH Agenda Item 4 Page 7 Item #4 & 5 City of Virginia Beach Change of Zoning District Classification East side of London Bridge Road Discontinuance, closure and abandonment of unimproved portion of Terrell Avenue District 6 Beach May 13, 2009 REGULAR Janice Anderson: The next group of matters we're going to address today are those matters that are going to be heard today. I'm going to ask the Secretary to call our first matter please. Donald Horsley: Okay. The first comment I'm going to make is that want to make sure staff takes the gentleman's drainage comments (Hope Lutheran) to heart and to make sure that somebody does address that issue. Stephen White: Mr. Horsley, I got it written down. I already made a note to myself to take care of it when I get back, in terms of contacting Public Works. Donald Horsley: Thank you very much. Stephen White: You're welcome Donald Horsley: The first item to be heard today is the City of Virginia Beach. An application of the City of Virginia Beach for a Change of Zoning District Classification from R -5D Residential Duplex District and A-12 Apartment District to 1-1 Light Industrial District on property located on the east side of London Bridge Road beginning at a point 300 feet south of Potters Road for a distance of 1,030 feet and item 5, the City of Virginia Beach. An application of the City of Virginia Beach for a discontinuance, closure and abandonment of an unimproved portion of Terrell Avenue, District 6, Beach. Mr. White, do you want to address those? Dr. White. Excuse me. Stephen White: Actually, I could, but I think it would be more appropriate if Michelle or David could give a brief synopsis of this application. Michelle Chapleau: Good afternoon, Chair, members of the Planning Commission, my name is Michelle Chap1au, and I am part of Economic Development, as the applicant. And our request is to rezone the property south of Potters Road at London Bridge from R-5D to 1-1. And for the street closure at Terrell Avenue to further the goals of the Oceana Land Use Conformity Program. Janice Anderson: I don't think they've caught up to your scene yet. Karen Prochilo: It's not opening (talking about PowerPoint). Janice Anderson: It's not opening. Stephen White: Okay. Do you want me to help you Michelle? I I Items #4 & 5 Change of Zoning /Terrell Avenue Street Closure Page 2 Michelle Chaplau: Yes. Stephen White: Okay. Madame Chair and members of the Commission, this rezoning is part of the City's overall APZI Master Planning effort. This rezoning on this side of the street is designed to attract an industrial, light industrial user, which is more compatible with the AICUZ that is in the area. The intended user, I think you have a copy of the PowerPoint at least, that I gave to you at lunch time that shows you a user, light industrial in nature, who does truck parts supply, that sort of thing. The important thing about this one is that while the use is industrial, there are deed restrictions attached to the property, which will control the uses, that will control the appearance, and control the site plan. Also, there are provisions in the Zoning Ordinance which will be followed, that Mr. Macali talked about in the morning session, that basically require a higher standard oflandscaping and site design, and ensure that the uses are compatible to the adjacent residential area. So, we are recommending approval of this application. If you have any specific questions about how this is going to work in terms of where do we go from here, I'm sure Michelle could answer them for you. Janice Anderson: Okay. Michelle Chaplau: I'll make a copy of that PowerPoint that you have available if you want me to run through that or to show the rendering. Janice Anderson: Okay. Let's see if we have any questions from the Commission first. Ronald Ripley: I have a question. . Looking at the PowerPoint is this applicant going to use the entire site or is it juSt using part of the site? Michelle Chaplau: No sir. Approximately 2.2 acres and the total site acreage is a little over five. Ronald Ripley: So the rest of the site? Michelle Chaplau: Will be marketed for another conforming use. Ronald Ripley: It will be developed according to the discussion we had this morning at the informal under those guidelines and controls of the exterior/interior and the relationship with the neighborhoods? Michelle Chaplau: Yes sir. Ronald Ripley: All those things we talked about? Michelle Chaplau: Yes sir. Ronald Ripley: Okay. Michelle Chaplau: We've taken the master plan that Section 1810 Design Criteria and the Oceana West Design Criteria as well. Janice Anderson: Jay? Jay Bernas: Have you discussed this application and the proposed renderings with the adjacent property owners that abut the site or just the civic league? Items #4 & 5 Change of Zoning /Terrell Avenue Street Closure Page 3 Michelle Chaplau: We have two civic league members that sit on the Oceana Land Use Conformity Committee for the purpose of disseminating that information to the civic league. And I've also taken calls from Planning when we applied for the rezoning, and the signs went up. Stephen White: And the adjacent property owners to this property are notified by mail 15 days prior to. Some of the calls came as a result of those mailings. Jay Bernas: So no objections? Stephen White: No objections. Michelle Chaplau: No. That is not a permitted use in APZl. Stephen White: I think the concern we heard more than anything else was they didn't want it to be a gas station or something like that. Jay Bernas: Did you show them the renderings on what this site would look like or did you kind of tell them that it was going to be an 1-1 straight zoning? I mean, how much information did you give them? What did they react too? Because we were given limited information so I'm kind of wondering what you gave them. Michelle Chaplau: Right. I just gave them general information about the use because I wasn't able to disclose the company's name. What their line of work was, and that the building would comply with the design criteria that you were given earlier. Again, I can share that rendering for those that are here today if they would like to see it. Janice Anderson: Are there any other questions of Michelle? Thank you. Donald Horsley: We don't have any opposition re~istered. Janice Anderson: Okay. The Secretary said there is no opposition. So, I will leave it open for discussion. Go ahead Jay. Jay Bernas: You know, we kind of talked about his in the informal a little bit. My main concern is kind of the lack of information on this application. It is kind of hard to react to something when you don't really know much about it. We just got the deed restrictions today, like three or four pages. And it is kind of hard to react to that given the limited amount of information we have. I know staff were trying to be really careful in these areas where these are existing neighborhoods and we want to limit the impact that with these new developments, and I just want to voice some concern about how we're going about the process more so and making sure that we include the public involvement, and that we have some transparency in what we're building and what we're approving to make sure that the public is okay with it. So, that is kind of my main concern is really being transparent and ensuring that the adjacent property owners understand what is going on, and that we kind of show them what's going on just in case there any objections. So, those are kind of mine concerns. Janice Anderson: Okay. Dave. David Redmond: I want to very, very briefly echo Jay's concern. I don't feel we got adequate information on that. I don't think it's quite accurate suggest that we disseminate information if a couple of people from the civic league serve on the AICUZ. That is not the same as going to adjacent property I I Items #4 & 5 Change of Zoning /Terrell Avenue Street Closure Page 4 owners and saying this is what we have in mind. This is what we want to do. Do you have any objection, if so, how can we address them? And, I think we have to make an effort to do that. The notion that you might approach people but not be able to tell what it is it or who it is, that is not really, in my view conferring much with them. If it was me, I would say come back when you have something more to tell me. I think for some odd reason I get sort of a nagging feeling like Mr. Bernas does that this is a little bit shrouded in mystery and I don't know why. But, I'm going to support it anyway. Obviously, I'm as big a fan of Economic Development as anybody and want to support it whenever we can. However, I will note in closing that if it were a private land owner and not the City of Virginia Beach that were operating in this manner, I bet we would have a different standard for that. I don't think that is exactly fair to the private sector or do I think it is appropriate for the public sector. I wish we had done things differently and I hope we'do in the future. Thank you. Janice Anderson: Thank you. Do you have a comment Stephen? Stephen White: I just want to make a comment that for us this is a new process. It is a new way of doing business in terms of turning property over from non-compatible uses to the AICUZ compatible uses, and I will say that there is no doubt in my mind that we have learned on this one. And, that we hear what you're saying and that other properties come forward, we would do our best to do exactly what you're asking for. Janice Anderson: Thank you. Are there any other comments? Go ahead Ron. Ronald Ripley: My only comment and it is along the lines of what has just been said by Jay and Dave, and that is if this was, and I said this morning. If this was an industrial park working under deed restrictions like industrial the way it does. That would be perfectly fine in my opinion. And it is not apt to develop something that is going to right up on this particular piece of property but it is not clear what it is going to be either as far as this Commission is concerned. The Comprehensive Plan speaks of the neighborhood to be in paramount to everything within the plan. The neighborhoods throughout our city are of the upmost importance. And what raised my concern is when you're mixing the industrial into the neighborhood, realizing that BRAC was a game changer and it changed the game. So, that is why this really sort of mix. The testing is going to work out this way. But, I think this should have been a Conditional Zoning just like anybody else in my opinion, it would have been on the consent agenda like I said this morning. I'm sure it would have qeen done right. I'm sure staff would have worked through whatever issues with the neighborhoods, etc, and that's the case. Enough said. I'm going to support it too but I'm not too crazy about this. Janice Anderson: Okay. Go ahead Jay. Jay Bernas: Just one more thing. This is just a recommendation to staff in the future that I would feel much more comfortable. You can blank out the name, but if you would had walked around to the adjacent property owners which the neighborhoods already said or you made much more of an effort. Especially because this is a city application, that would have made much more of an effort with the adjacent property owners. Not with just the representative s to ensure that we got their by-in. You could leave their names out but just so I felt comfortable that they were okay with it. You know, residential to industrial rezoning is a pretty severe change of zoning. And like I said, my main concern is preserving the character of the neighborhood, as yours is as well. Janice Anderson: Okay. Ijust want to make a comment on this. I definitely understand the Commissioner's concern on that but I do find comfort in this rezoning just because of the detailed deed restrictions that have been placed on the property. And actually, I got these a couple of days ago. They Items #4 & 5 Change of Zoning /Terrell Avenue Street Closure Page 5 were emailedtome.So. I have a little bit more time to go over them. But, the deed restrictions, I think do protect the neighborhood and that is everyone's main concern. They limit the uses on the property, the density on the property. Fifty percent is not improved. They prevent loading docks. There are six pages of restrictions. And, then it incorporates a section in the Code that refers to enhanced landscaping, the lighting. The hours of operation, so those matters will be addressed those matters that are most sensitive when you put any kind of business next to a residential area. So, I think those protections are in place with this rezoning. But I would be in agreement with the Commissioners that it would be more detailed in the future. Are there any other comments? Do I have a motion? David Redmond: I move for approval. Janice Anderson: A motion to approve by Dave Redmond. Is there a second? Kathy Katsias: I'll second it. Janice Anderson: A second by Kathy Katsias. This is for item 4 & 5. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: Bya vote of 10-0, the Board has approved the applications of the City of Virginia Beach for the Change of Zoning and the Terrell Street closure. Janice Anderson: Thank you. - 52- Item V-K.5. PLANNING ITEM # 54650 (Continued) 8. All conditions of the conditional use permit approved for Virginia Beach Christian Life Center, dated 10/14/03, shall remain in effect. -, 7. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November, Two Thousand Five Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer. Vice Mayor Louis R. Jones, Richard A. Maddox. Mayor Meyera E. Oberndorf, Peter W. Schmidt. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Jim Reeve November 22, 2005 - 51 - Item V-K5. PLANNING ITEM # 54650 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of SPRINTCOM, INC. for a Conditional Use Permit re development of a communication tower: ORDINANCE UPON APPLICATION OF SPRINTCOM, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R0110534134 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SprintCom, Inc. for a Conditional Use Permit for a communication tower on property located at 1000 North Great Neck Road (GPIN 24081388720000). DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The tower shall be constructed substantially in adherence to the site plans entitled "Sprint, Virginia Beach Christian Life Center ", prepared by Fullerton Engineering Consultants, Inc., and dated 3/22/05. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall be limited in height to one hundred thirty (130) feet. 3. The tower shall be constructed to accommodate equipment for two (2) additional wireless providers as depicted on the submitted site plans. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facility arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. The applicant shall submit a tree protection plan for review and approval before any disturbance of the site. November 22, 2005 RICHMOND 20MHz Mop~~f.l-~co]e Richmond 20MHz LLC d/b/a N-Telos ~ \\ \ ~-,.n^ ~ ~~ ;; '/'I' ~\}'. ~. r \.' ,,~~ ~&I~ ~ ,,,..\.!si;;, ~~~J~ ~ ~ .~ '''1 )I "'~J..I~ D~rr.J.,j l~~" ~ ~ ~ ,'.:{ "\~ "'l"~ R'~'~r;; ~iJn ~~~ ,,~ "'l.,;;;;: ~ ~lS ~'R; ~~ ~ ) l.;,l'd O:l S' ~ 2!,"",_~~ 1)'4 ~~~l)J...... 't:3~b 1 t11>it>.. . ' 1f..1~\2~ ~~~!~ B .. -,__ G'I ~d ~= '(j ~~~ ~ n' \~ ~ .. ~WifrjiK~\~o~~'WW ~. ~~ L-I \_t::(~~ ~ ",\ ~~~ ~ ~ ,\\'1"" 'x ~ ,\."'~ ~. ~~ ~~. ~. ~.~~ ~~ ~ \\.~, ~ \l\ \ J ~ \~~ Vl:,l~1I. 51 w: ~ \. a _\. ~~1 ~ 'n ',~ ~. ~ - ~~v \~ '" '\. ,.~~~ ...,,: ~~~~~~ - ~~j . ~.I ~ ~ t9 L....... W'JII{, ~ .. .'IO:::::!....o '~~!r!!!J/{\." I""~ .~ o ~ Modification of Conditions -~ ~ Relevant Information: · Lynnha-ven District · The applicant is requesting a modification to the 2005 Conditional Use Permit permitting a 130-foot tall stealth communication tower. · The applicant desires to add an additional wireless communication provider to the tower, which necessitates modification of the tower. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). Consent agenda I I ~""'''''':'\. ~~~~.. !~(~ ,'s .;:':'>;>!>>~V ~, ({t:,:::;<'~' ~, ~:'t ~>t C'> (~"'t,<-,;;;, -,,",'-jf ~':'.s<,,-~....'..i.l ~~'v..".., ~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHMOND 20M HZ, LLC, Modification of Conditions, approved by City Council on November 22,2005, 1000 Great Neck Road. L YNNHAVEN DISTRICT. MEETING DATE: May 26,2009 . Background: The applicant is requesting a modification to a Conditional Use Permit permitting a 130-foot tall stealth communication tower and associated ground-level maintenance cabinets. The request was approved by the City Council on November 22, 2005, and has eight (8) conditions. The applicant requests modification of Conditions 1 and 3, which pertain to the locations of antennas on the tower and the number of antenna arrays allowed on the tower. . Considerations: Condition 1 requires a specific type of tower and antenna arrangement. The tower has only three (3) locations on the tower for antenna arrays. The applicant desires to add an additional wireless communication provider to the tower. Condition 3 indicates that the tower must be constructed to accommodate equipment for two (2) additional wireless providers. The applicant requests revision of that condition to accommodate equipment for a total of three (3) additional wireless providers. The proposed antennas, equipment cabinets, and their proposed locations comply with the requirements of the City Zoning Ordinance provided in Section 232, as well as with all federal regulations required by the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). The applicant submitted the required structural report indicating that the existing tower's design with the proposed additional carrier meets the requirements of the International Building Code. The applicant also submitted a Nonionizing Electromagnetic Radiation Report (NIER), indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. RICHMOND 20 MHZ, LLC d/b/a NTELOS Page 2 of 2 The proposed flush-mounted antennas will not be intrusive to the visual aesthetics of the community and represent the best alternative for the need in service in this area. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend to the City Council approval of this request with the following conditions: 1. All conditions with the exception of Number 1 and Number 3 attached to the Conditional Use Permit granted by the City Council on November 22, 2005 remain in effect. 2. Condition Number 1 of the November 22, 2005 Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed substantially in adherence to the site plans entitled "nTelos, NR-5434 Colonial Oaks 1000 North Great Neck Road Virginia Beach, VA 23454, Sheets T-1, N-1, N-2, N-3, C-1, C-2, C-2A, C-3, C-4, C-5" prepared by ALLPRO Consulting Group, Inc., and dated Revision 2 12/01/08 Zoning. This site plan has been exhibited to city council and is on file with the Department of Planning 3. Condition Number 3 of the November 22, 2005 Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed to C!ccommodate equipment for three (3) additional wireless providers as depicted on the submitted site plans . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department A ~ City Manager~ It. .~~ ~ #2 April 8, 2009 Public Hearing APPLICANT: RICHMOND 20MHZ, LLC d/b/a NTELOS PROPERTY OWNER: 1000 N. GREAT NECK ROAD, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for a communications tower (approved by the City Council on November 22,2005). ADDRESS / DESCRIPTION: 1000 N. Great Neck Road. GPIN: 24081377690000 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 21.51 acres AICUZ: Communications tower is located in 65 - 70 dB DNL SUMMARY OF REQUEST The applicant is requesting a modification to the Conditional Use Permit permitting a 130-foot tall stealth communication tower and associated ground-level maintenance cabinets. The request was approved by the City Council on November 22,2005. The Conditional Use Permit has eight (8) conditions: 1. The tower shall be constructed substantially in adherence to the site plans entitled "Sprint, Virginia Beach Christian Life Center", prepared by Fullerton Engineering Consultants, Inc., and dated 3/22/05. This site plan has been exhibited to city council and is on file with the Department of Planning. 2. The tower shall be limited in height to one hundred thirty (130) feet. 3. The tower shall be constructed to accommodated equipment for two (2) additional wireless provided as depicted on the submitted site plans. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COM IT), a radio frequency emissions study (RF Study), conducted by a RICHMOND 20 MHZ, LLC d/b/a NTELOS Agenda Jtem 2 Page 1 qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any city of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facility arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. The applicant shall submit a tree protection plan for review and approval before any disturbance of the site. 7. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. 8. All conditions of the con-ditional use permit approved for Virginia Beach Christian Life Center, dated 10/14/03, shall remain in effect. The applicant requests modification of Conditions 1 and 3. Condition 1 requires a specific type of tower and antenna arrangement. That tower had only three (3) locations on the tower for antenna arrays. The applicant desires to add an additional wireless communication provider to the tower, which necessitates modification of the tower. Condition 3 indicates that the tower must be constructed to accommodate equipment for two (2) additional wireless providers. The applicant requests revision of that condition to accommodate equipment for a total of three (3) additional wireless providers. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church, associated parking, and limited vregetation occupy this site SURROUNDING LAND North: . USE AND ZONING: South: . . East: . West: . . NATURAL RESOURCE AND CULTURAL FEATURES: Princess Anne Memorial Park (cemetery) / R-10 Residential District Old Donation Parkway Across Old Donation Parkway, single-family dwellings / R-10 Residential District Single-family dwellings / R-10 Residential District Great Neck Road Across Great Neck Road, single-family dwellings / R-20 Residential District The majority of the site is impervious, as it is developed with a structure and a parking lot. There are no known significant natural resources or cultural features on this site. RICHMOND 20 MHZ, LLG d/b/a NTElOS Agenda Item 2 Pag~ 2 IMPACT ON CITY SERVICES The addition of one wireless provider to the existing tower will have no significant impact on City services. Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Evaluation: The proposed Modification to the Conditional Use Permit for an additional cellular telephone antenna on the tower is compatible with the land use planning policies of the Comprehensive Plan. The subject communications antennas, equipment cabinets, and the location thereof complies with local zoning requirements stated in Section 232 of the City Zoning Ordinance, and all federal regulations required by the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). The applicant submitted the required structural report indicating that the existing tower's design with the proposed additional carrier meets the requirements of the International Building Code. The applicant also submitted a Nonionizing Electromagnetic Radiation Report (NIER), indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. In sum, staff concludes that the proposed additional wireless provider on the tower is consistent with the standards provided in the City Zoning Ordinance for wireless communication towers. The proposed flush- mounted antennas will not be intrusive to the visual aesthetics of the community and represent the best alternative for the need in service in this area. CONDITIONS 1. All conditions with the exception of Number 1 and Number 3 attached to the Conditional Use Permit granted by the City Council on November 22, 2005 remain in affect. 2. Condition Number 1 of the November 22, 2005 Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed substantially in adherence to the site plans entitled "nTelos, NR-5434 Colonial Oaks 1000 North Great Neck Road Virginia Beach, VA 23454, Sheets T-1, N-1, N-2, N-3, C-1, C-2, C-2A, C-3, C-4, C-5" prepared by ALLPRO Consulting Group, Inc., and dated Revision 212/01/08 Zoning. This site plan has been exhibited to city council and is on file with the Department of Planning RICHMOND 20 MHZ, LLC d/b/a NTELOS Agenda Item 2 PaOe 3 3. Condition Number 3 of the November 22, 2005 Conditional Use Permit is deleted and replaced with the following: The tower shall be constructed to accommodate equipment for three (3) additional wireless providers as depicted on the submitted site plans NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. RICHMOND 20 MHZ, LLC d/b/a NTE~OS Agenda It~tn 2 Page 4 I I AERIAL OF SITE LOCATION RICHMOND 20 MHZ, LLC d/b/a NTEI..OS Agenda Iter 2 Page 5 ~ !i :t ~ ~ g \ g ~ 'i g '! l: \ g. (~~~ Ii"ll " . ~"i ;.,\:. ~.. ;,::: 111\ . ~\ \ >J~ \ ~\ \~ t\ 1'! ~f' . j}i n r---l j __.....J l~ _____--1-" --, I I Ii J !I"TL ~. il _.-' \ ,_,. ;-- /-- II ----==+: -=:::-__ --1 \ .'- -- ! , __ _._ 11 __. __ II _ . 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R.IO ClHY.& I1Hn All V I! ,---'"'",..!ll!:J!!lt.cLA!1!:I.m~k~1..:~ . lUO l:I:HllJllE .~,~ 0 , I I' ([I \.Ilr SI{...", PW: ........... ".~ ('1 """ IOJI{O .... Qlm:t"'_ (tlT_ ClW\tJO( rEf<({ /-~~~ I j I I I I I ,.,.~~~t / j 1"_lCi_ I ,QA (6)1-5/1" co.. "t~ (\:ln~'" I I I "lUllS ~''''W..D.s.1(i PROPOSED BUILDING ELEVATION RICHMOND 20 MHZ, LLC d/b/a NTELOS Agenda Item 2 Page 8 I I Map J-5 Mop Not. t.o Scole Richmond 20MHz LLC d/b/a N-Telos , ~,I~\(~' ~ .~,\ ~ \ R\~ ~,~ :In. ~ I: . ~.~ ~ 'BX "\ '" ~ I 2\~ '" , "\. J, {. =r- If''( 1.1 \' \. '" J\ l;' '^ ~ Ii '"" ~~\~ bJ~ ' l~ ~ ~ ~ . ~ ~>- c'"' ~ ,~".\..~ ~~)i ~~. ~~~~ ~~7'~~,~~~~\,\ f\'M ,- '" ~~'\~~ ~"~ ~ 'i~~ RlO ~ 1\ ~(l\, ~ ~\\l\ JI u ~ ~ ... '''L LIn ~l~~~~a,~ - .~I ~^~~I_ ~\~ "1 ~l~ "' , ~ :3.. e:: ~ " ~ "'l ~ ~\c" ~~ ',~~ ~ ~~~ <9n' · ~~ ~ .... ~ Jlf'"I....dQ)G)j " ~~ ,~ :si iJI' _ .1... ~ "...~ -tl] ':::J. - <;, '\ "e: ~ ~ rL(jfDC}f) ~"'~~t>>J.~ ~ ~ r;k<b I~ ~ !!t~ 'lJ B ~ ~_~~I~~ ~ ~ o~~ .~ Ii, - 81 ~, Q l;;)r;;~ 'I ~ ,I) ',~;:' 11 )K ~ro :"-l ~~ e~ ,~'tJI~' - 1" rt'''.. .!::JJ 95 . l;J . , . ~~.mnh~\...o\or~ ~. -, 'Jr!!!J/(\", J;;~H~ -~ \_Ir4@\-:; Modification of Conditions 1 12/02/08 11/22/05 Modification of Conditions Conditional Use Permit (Communications Tower) Conditional Use Permit (Church Expansion) Conditional Use Permit (Church Expansion) Conditional Use Permit (Pre-school) Conditional Use Permit (Church Expansion) Conditional Use Permit (Church Expansion) Conditional Use Permit (Church) Granted 1a 2 3 10/14/03 12/05/95 07/13/93 OS/21/84 08/09/82 04/26/76 05/15/78 09/14/93 07/07/92 Conditional Use Permit (Cemetery) Subdivision variance Conditional Use Permit (Pre-school) Granted Granted Granted ZONING HISTORY RICHMOND 20 MHZ, LLC d/b/a NTELOS Agenda Itef'Tl 2 Page 9 I , Z <0 ~ ~ c....:> : i =:t-c ~. CJI1'"'.:) Z <0 ~ :E-c .~ ~ Z o <:-J .~ o Z o ~ !.< <:-J .......... ~ .......... ~ <0 ~ DISCLOSURE STATEMENT .~'_^"""'~~=,~w.'~"",~.':~m~~~~~~:::::=,~", "c""..~v__.c.....c......,...,/~:=~~:.~.~,??~~~,~,~",,= APPLICANT DiSCLOSURE !'~0 _' t::" w ,':- i'~ Richmond 20 MhZ, LlC dba NTelos (see attached) , ~ f. ",~,: :, ~< t'i'.OT PROPERTY O\tINER DiSCLOSIJRE , ... _______UJ~_bL~rttGr?<Lt- N(ukRd,~.t(_l.~t:A.. WAk~_thw4) S'ft.vcKt!k-.JS' ~a rbhJ5:.eJl\lt S~t! M T r,dle..i[csep hft1tl14t:c>E;t~~Aen he fffi. - ,. .-- - " ,-t;,. ;;.l. .''::: ;;;,.~. ~. . . ^ ~ '. . , !~"'o b85" E,,:: '~ v" "qe RICHMOND 20 MHZ, LLC d/b/a NTEli,OS Agendaltetn 2 Page 10 ,.~."._,..".4:.'!);'!~,~""-,,,,.,.........,,,,~_.,.,:..,~:,,' ~':':':':'~~~:.""""~""'-","!,'~~~'~:~..~.7':::.~.~,~'_"':.':.=:~=,";.~~,~',:;'- DISCLOSURE STATEMENT A,DDlTIONA.L C12CLDSURE.S ! j ! ' 1------. 1 A I ------ :03 rs ~. " CERTiFICATION_ I I Z <0 ~ ~ C-;) : i ~ era ~ RICHMOND 20 MHZ, LLC d/b/a NTELOS Agenda Item 2 Page 11 SURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal !':Af\/;~es: (Attach list if necessary) , "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (Iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101, CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions In this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application, ,....~ / /' ,/ /7..~m~ /,,; ,/ ~")." ~ ",,<,f /' /./' a/'''''' ,".,' .' .I 4 ,#/,,6": / .... /'{.. { i~" %<< .' Applicant's Signat e "'" Marc Cornell, NTELOS Print Name Property Owner's Signature (if different than applicant) Print Name ModiflGallor: of Cond,bons Application Page 11 0111 Rev,sed 713,'2007 z o I . ~ ~~ I . J , r'. ~ CI':) Z c:=~ I . F--t I I Q Z C~~ c: ~ ~ C~~ z C-~ I I ~ C~ I I ~ I I Q o ~ RICHMOND 20 MHZ, LLC d/b/a NTEUOS Agenda Item 2 Page 12 1/.1 RICHMOND 20MHZ, LL.C. Written Consent of Sole Member in Lieu of Annual Meeting of Members June 1. 2007 The unoerslgned, being the sole member of RICHMOND 2OMHZ, LLC.. a Virginia limited liability company (the 'Company'), acting pursuant to Sectjor 18-302 and 16-407 or the Delaware limIted Liability Company Act, as amended. hereby adoptS and a.oproves the foHowing rosolutiCh') by written consent In lieu ot ar: annual meeting of members waiving aJ! rights to notice thereof. whether statutory or otherwise: 1. Election of Officers RESOLVED thsl the following oersons, whose names are sel forth below. arc hereby eiectec te the office set forth opposite their names, to serve in such office unlii the next annua( meeting of the 80arc or until his or her SJcceSsor is oul,' eJected ant qualifies: James S, Quarforth Chairmar and ChIef Executive Officer :;an A. Rosberg ;:lresldent David R. Maocaretll Exeoulive Vice Presi~e;1t Micnlil.e, 8, Moneymaker Exeoutive Vice President, Chiet Fk:!l:"1ciaJ Omcer. Treasurer a'1d Sec'etary h\a:-y rJicJermOlt Be:.hO: Vic~ Pras~G:$'1: RODert i... McAvoy'. Jr. Vice Presioem s,'1lrley J. MadIson Assistant Secretary 2. Ratlficatkm: Counterparts; Effeotlve Time RESOLVED, that each and all of the lawful acts oj the officers of Ine Company carryirog out and promot~'1g the purposes, objects and Interests of the Com;::ar>)' shee the most recent annual meethg Of members of the Company De, and the sa'11e he"~by are. aporoved, ra!ffieci and made Ihe acts Bno deeClS of the Company; and be it further RESOLVED. this Written Consent 01 Sole Member In Lieu of AhnUBi Meeting of Merr.tlers may be executed in any number of counterparts, each of which. when taken together. shall be deemed for all purposes an original and all Of which shall constItute one and the same instrument; and be it fu1her RESOl VEO. that this Written Consent of Soie Memtler tn ~jeu 0' Annual Meetino of Members sha!1 be effective as of ltle date firsl wrinen above; aM be it further - RESOLVED, that Written Consent of Sole Member in Lieu of Annual Meeting 0' Members shall be placed with the minutes of the proceedings of the members of the Company. [Signatures appear on the followlng page.] RICHMOND 20 MHZ, LLC d/b/a NTEl;.OS Agenda Itern 2 Page 13 /3C IN WITNESS WHEREOF, undersigned Sole Mamba' has executed this Wrttten Consent 01 SOfs Manager in Lieu 01 Annual Meeting of Memoers as 0; the date firs! wrltten above. VIRGINIA RSA I) LLC By: NTELOS CommLmfcations ire.. its SoJe Membar ,r-) /":_ ; ! _ _/ 1". ,.iI/ ~. ~"'ll \ ./ ...' "..--F? ,~ ' J~S S. Quariorlh Chief Executive Officer RICHMOND 20 MHZ, LLC d/b/a NTELOS Agenda Item 2 Page 14 /I&. RICHMOND 20MHZ L.L..C. Written Consent of Sole Member in lieu of Annual Meeting of Members June 1,2007 it1e undersigned, being the sole member of RICHMOND 20MHZ !...l...C., a Virginia Ih'llltad !labilITy company (the "Comearw"), actin;; pursuant te Section 18.302 and 18-407 of ttie Delaware limited Liability Compen)' Act. as amended. hereby adopts and aporoves the iollowing resolutions by written consent in lieu of an annual maeting 0; members. waiving al! ngnts lC notioo thereof, whether statutory or otherwise: 1. EfecUon of Manaaers RESOLVED. that tne following indiViduars are hereby electec as managers cf the Company, each to serve in such capacity un!!! the next annual meett:>g o! members of the Company or until his 0' her successo. Is elected and qualifies: David R, MaccareIU Mary Mc::>ermott Michael B. Moneymaker James S. Quarlo1h Carl A. Rosoerg 2. Ratification: Countel1la:1,,; Effective Time RESOLVED. that each and all of ins lawful resOIuiions, acts and proceedinos of tne E;ai::: of rv~a;1agerz carrying ou: a""l~ prc;:;c~i1g 1he f'J:"PCS9'5, objects sr,c. inter~st r:l the Company since th$ most recent ann~al meeting of the members of 1M Companr be. and the same hereb)' are, approl'oo, rallfied and made the acts and deeds of the CO/Tlpal"lj': and be tt further RESOLVED, that this Written Consanl of Sole ,.1ember in Lieu 0' Annual Meeting of Msmbers Shali be effective as or the oalS lirs! wMUst' above: ana be it further RESOLVED, that this Written CQnsent or Sole ~mber In Lieu of Annual Meeting of I\~mbem shalf be p'ace::! wlti.., the minutes of the prDceedings ~ the members 01 the Company. iN WITNESS WHEREOF, u!l:ie~signec Sola Member of the Company has executed thIS Written Consent of Sole Membe- in Lieu 0' Armuai Meeting of 1\lambers as 0' the date first written above, VIRGINIA P.SA 6 LLC By: NTELOS CommunicaHoi'lS Inc., ils Sole Member v7ez;ar /J6mes S. Quarforth Chief Executive Officer DISCLOSURE STATEMENT RICHMOND 20 MHZ, LLC d/b/a NTELOS Agenda Item 2 Page 15 Item #2 Richmond 20MHz, L.L.c. Modification of Conditions 1000 Great Neck Road District 5 Lynnhaven April 8, 2009 CONSENT Janice Anderson: The next group of matters we are going to address are the matters that have been placed on our consent agenda. Our Vice Chair Joe Strange will be handling that section for'us. Joseph Strange: Thank you Madame Chairman. This afternoon we have 13 items on the consent agenda. The first matter is agenda item 2, an application of Richmond 20MHz, L.L.C. for a Modification of Conditions for a request approved by City Council on November 22, 2005. The property is located at 1000 Great Neck Road, District 5, Lynnhaven, with three (3) conditions. Is there a representative on this application? Janice Anderson: Welcome. Glenn Hampton: Good afternoon. For the record, my name is Glenn Hampton, I'm an attorney. My business address is 501 Independence Parkway, Chesapeake, here representing NTelos, which is Richmond MHz. Weare in support ofthis and agree to all the conditions. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Kathy Katsias to review this item. Kathy Katsias: Good afternoon. This is an application by NTelos for a Modification of a Conditional Use Permit for a communication tower that was approved by City Council on November 22,2005. The applicant requests a Modification of Conditions one and three. Condition 1 required a specific type of tower and antenna arrangement. The tower only had three locations and they are requesting an additional wireless communication provider for that tower. Condition 3 indicates that the tower must be constructed to accommodate equipment for two additional wireless providers. They are requesting an additional provider making it a total ofthree. Planning staff didn't see a problem with those conditions. We agree with staff, therefore, we put it on the consent agenda. Thank you. Joseph Strange: Thank you Kathy. Madame Chairman, I will make a motion to approve agenda item 2. Janice Anderson: I have a motion by Joe Strange and a second by Kathy Katsias. AYE 10 NAY 0 ABSO ABSENT 1 I I Item #2 Richmond 20MHz, L.L.C. Page 2 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KATSIAS LIV AS REDMOND RIPLEY RUSSO STRANGE AYE AYE AYE AYE ABSENT AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 2 for consent. I I fi~~I~~?~~ ~i~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Adoption of Official Zoning Map MEETING DATE: May 26,2009 .' Background: An Ordinance to adopt a new Official Zoning Map, which shall replace the existing Official Zoning Map, due to a change in the computer mapping format used to store the map data and develop the printed copies. . Considerations: The City's Official Zoning Map, rather than being one map, consists of a series of 263 maps that are produced by printing from a computer through the use of a Computer Aided Design (CAD) program. During the 1980s and the early years of the 1990s, the maps were hand-drawn and maintained on vellum paper and reproduced using the traditional 'blueprint' process. During the 1990s, the maps were transferred to the current CAD system, where they are stored digitally and printed as needed to a plotter. The maps are also available online as an Adobe PDF download. Several of each map in the series is kept available at the Department of Planning for customers to purchase. Two complete sets of the maps are kept in the Planning Department for reference purposes. While this system of map maintenance and printing has proved adequate, the maps are nothing more than drawings on a computer program, which limits their usefulness for analysis purposes and prevents the maps from being added to the online MapGuide mapping program as a data layer. Thus, in 2004, the Planning Department began efforts to convert the zoning maps from a CAD software program to a Geospatiallnformation System (GIS) mapping software. With assistance from the Department of Communications and Information Technology (Com IT), Planning Department staff drew each of the maps into the new software program. The maps were printed and checked for accuracy a number of times to insure that each map was equivalent to the existing maps in regard to zoning boundaries and district designations. the current request is for adoption of a new Official Zoning Map, which differs from the existing Official Zoning Map only in that the various maps that make up the Official Zoning Map are (1) stored as data in a GIS rather than a CAD computer program and (2) have a different appearance than the current maps. There are no changes to either the zoning boundaries or the zoning designations of any property between the current maps and the new maps. CITY OF VIRGINIA BEACH - ZONING MAPS Page 2 of 2 There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend to the City Council adoption of the new Official Zoning Map. . Attachments: Staff Review Ordinance of Adoption Planning Commission Minutes Recommended Action: Staff recommends adoption. Planning Commission recommends adoption. \ \ Submitting Department/Agency: Planning Department Ii /~ City Manage~ ~ ,~~ V I I #16 May 13, 2009 Public Hearing CITY OF VIRGINIA BEACH ADOPTION OF OFFICIAL ZONING MAP An Ordinance to adopt a new Official Zoning Map, which shall replace the existing Official Zoning Map, due to a change in the computer mapping format used to store the map data and develop the printed copies. There are no changes between the current and proposed maps in regard to the zoning districts or to their existing locations. SUMMARY The City's Official Zoning Map, rather than being one map, consists of a series of 263 maps that are produced by printing from a computer through the use of a Computer Aided Design (CAD) program. During the 1980s and the early years of the 1990s, the maps were hand-drawn and maintained on vellum paper and reproduced using the traditional 'blueprint' process. During the 1990s, the maps were transferred to the current CAD system, where they are stored digitally and printed as needed to a plotter. The maps are also available online as an Adobe PDF download. Several of each map in the series is kept available at the Department of Planning for customers to purchase. Two complete sets of the maps are kept in the Planning Department for reference purposes. While this system of map maintenance and printing has proved adequate, the maps are nothing more than drawings on a computer program, which limits their usefulness for analysis purposes and prevents the maps from being added to the online MapGuide mapping program as a data layer. Thus, in 2004, the Planning Department began efforts to convert the zoning maps from a CAD software program to a Geospatiallnformation System (GIS) mapping software. With assistance from the Department of Communications and Information Technology (Com IT}, Planning Department staff drew each of the maps into the new software program. The maps were printed and checked for accuracy a number of times to insure that each map was equivalent to the existing maps in regard to zoning boundaries and district designations. There are a number of benefits to converting the zoning maps to a GIS, including being able to provide data related to zoning, conduct analyses, and add the zoning districts as a layer on the online mapping system that resides on the City's Internet and Intranet sites. In sum, the current request is for adoption of a new Official Zoning Map, which differs from the existing Official Zoning Map only in that the various maps that make up the Official Zoning Map are (1) stored as data in a GIS rather than a CAD computer program and (2) have a different appearance than the current maps. There are no changes to either the zoning boundaries or the zoning designations of any property between the current maps and the new maps. RECOMMENDATION Staff recommends approval of the ordinance adopting the new maps as the Official Zoning M~p. CITY OF VIRGINIA BEACH / ZONING MAP Agenda Itern 16 Page 1 I , 1 AN ORDINANCE TO ADOPT A NEW OFFICIAL 2 ZONING MAP 3 4 WHEREAS, the public necessity, convenience, general welfare and good zoning 5 practice so require; 6 7 WHEREAS, the City of Virginia Beach has determined to change the computer 8 mapping format used to store and print the maps and other data contained in the official 9 zoning map; and r 10 11 WHEREAS, no district boundaries or other substantive data have been changed on 12 the new zoning map; 13 14 NOW, THEREFORE, BE IT ORDAINED BYTHE CITYCOUNCILOFTHE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That the official zoning map of the City of Virginia Beach be, and hereby is, 18 readopted, as shown on a series of sheets that have been marked and identified as such, 19 have been displayed before the City Council this date, and are on file in the Department of 20 Planning. 21 Adopted by the City Council of the City of Virginia Beach, Virginia on this _ day of ,2009. Approved as to Content: Approved as to Legal Sufficiency: / )J I It r~~ ,. / '. /.' ! / .r" / 1/ J [U~#l /)~I TU!lJ City Attorney's Office CA-11115 R-3 April 27, 2009 Item #16 City of Virginia Beach An Ordinance to Adopt a New Official Zoning Map May 13, 2009 CONSENT Joseph Strange: The next matter is item 16. An Ordinance to adopt a new Official Zoning Map which shall replace the existing Official Zoning Map due to a change in the computer mapping format used to store the map data and develop a printed copy. There are no changes to the zoning districts or to their existing locations. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Dr. Stephen White to review this item. Stephen White: Thank you Mr. Strange. Item16 sounds ominous when you say "adopting a new Official Zoning Map", but it is not ominous at all. The reason why we're doing this is the zoning map that we currently have is on an antiquated computer system.. It is time for the Planning Department and the City to put the zoning map into the 21 5t Century. So, were moving it from what's called a CAD System into a GIS, which will make it smarter. We will be able to do some calculation and analysis with it. It will also allow the public to be able to view the zoning maps online, on the Internet on the City's website, something that can't be done now very easily. There are no changes to any of the boundaries. No changes to district designations, but the maps are certainly a lot better looking. Joseph Strange: Okay. Thank you Stephen. Stephen White: You're welcome. Joseph Strange: Madame Chair, I have a motion to approve item 16. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS AYE LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 16 for consent. I I M. APPOINTMENTS BA YFRONT ADVISORY COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY PROGRAM EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOATRD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION t<. m-\}llNlSllED '8\JSU'll!'sS O. NE~ B\lSlNESS p. ^DJO~Ern: I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCUACnONS V I DATE: 05/12/2009 L PAGE: I D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H ,U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D I/A BRIEFING: NOISE ORDINANCE Mark D, Stiles, City Attorney lVIII/IV CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y Y Y Y A Y A Y VNI-E SESSION B S T A I N E D F-I MINUTES APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y INFORMAL and FORMAL SESSIONS - Apri128,2009 G-H PRESENTATION HAMPTON ROADS ROTARY CLUB Robert Herd, Chair-4 Way Test Committee and two (2) students I-I PUBLIC HEARINGS: FY 2009-2010 RESOURCE 3 Speakers MANAGEMENT PLAN FY 2009-2010 Operating/Capital Budgets LEASES OF CITY OWNED 2 PROPERTY No Speakers a. 457 Rudder Road b, 461 Rudder Road c, 1409 Old Virginia Beach Road d, Foxwood DrivelS, Independence Blvd, - Timberlake Community Association, Inc, e, 205 Laskin Road - Jady's Popcorn J/K-I Ordinances re City Code: a, REPEAL ~ 33-17/ADD Article II ADOPTED, BY 9-1 Y Y Y Y Y Y Y A N Y Y with 9 23-63 - 23-73 to Chapter 23 re: CONSENT Noise b, AMEND 9 2-468 re: right-to-audit ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y clauses in Contracts CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 05/12/2009 L PAGE: 2 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 2 Ordinance to AUTHORIZE a ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Forbearance Agreement with (SPSA) re: CONSENT DaVInents owed the City 3 Resolution to PROVIDE the issuance/ ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y sale of GO Bonds, Series 2009, in max CONSENT of $80,000,000 re: schools/roadways/ coastal projects/economic/tourism! buildings/parks/recreation 4, Ord/Resol re: FY 2009-10 RESOURCE MANAGEMENT PLAN a, FY 2009-10 Operating Budget: I. APPROPRIATE FY 2009-20 I 0 ADOPTED, BY 8-2 Y N Y Y Y Y Y A N Y Y $1,763,292,679 for Operations/ CONSENT $617,334,358 Interfund Transfers 2, ESTABLISH tax levy on real estate for ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y FY 2010 CONSENT 3, . ESTABLISH tax levy on personal ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y property/machinery and tools for Year CONSENT 2010 Ii 10-0 ADOPTED, BY Y Y Y Y Y Y Y A Y Y Y 4, AUTHORIZE Annual Funding Plan to CONSENT (HUD) ADOPTED, BY 9.1 Y N Y Y Y Y Y A Y Y Y 5, TRANSFER $8,800,000 from School CONSENT Reserve Revenue Fund to FY 2008-09 Operating Budget ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y 6, DECLARE $9,000,000 within CONSENT Sand bridge (TIF) as surplus CONSENT TO 10-0 Y Y Y Y Y Y Y A Y Y Y 7, Transition Area Special Revenue Fund TEMPORARILY SUSPEND DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y 8, AUTHORIZE future budgets as 6/9/09, BY Annual vs Biennial CONSENT DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y 9, ELIMINATE ~ 2-186.1 of City Code re: INDEFINITELY, preparation of the budget BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 05/12/2009 L PAGE: 3 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D , b, FY 2009-10 Capital Budget: ADOPTED, BY 10-0 Y Y Y Y Y Y -- Y A Y Y Y CONSENT I. AUTHORIZE FY-20101FY-2014 (CIP)/ APPROPRIATE $236,429,109 FY 2010 Capital Budget 2, AUTHORIZE issuance of GO Bonds max of $62,900,000 3, AUTHORIZE issuance of Water/Sewer Bonds in max amount of $17,000,000 5, Ord to TRANSFER $150,000 ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y to Norfolk Southern Railway R-O-W CONSENT survey re: environmental/studies/ survev costs 6 Ord to AUTHORIZE Development ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Authority to award $400,000 Art Institute of CONSENT Virginia Beach at Town Center 7 Ord to AUTHORIZE maximum ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y amounts for sale/rental of Workforce CONSENT Housing Units, ADD ON Ord to AMEND 9 7-58 of City Code re: ADDED, 10-0 Y Y Y Y Y Y Y A Y Y Y wheeled devices ADOPTED, BY CONSENT 8, Ord to AUTHORIZE pilot program! ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y y establish a pedal cab service in the Resort CONSENT Area 9 Ord to AUTHORIZE LEASES of City property: a, PIN MINISTRY re: affordable housing at ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y 457/461 Rudder Road. CONSENT b, (VBCDC) re: affordable rental housing at ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y ] 409 Old Virginia Beach Road, CONSENT c, TIMBERLAKE COMMUNITY ADOPTED, BY 10-0 Y Y y Y Y Y Y A Y Y Y ASSOC re: storage of major recreational CONSENT equipment at Foxwood Drive/South Independence Boulevard, d, JODY'S INe. re: outdoor seating area at ADOPTED, BY 9-0 Y Y Y Y Y Y A A Y Y Y 205 Laskin Road, CONSENT B S T A I N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACTIONS V I DATE: 05/12/2009 L PAGE: 4 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H ,U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D L-l. ROBERT BURIQ<: Expansion of a ADOPTED, 10-0 Y Y Y Y Y Y Y A Y Y Y Nonconforminl! Structure at 5504 Ocean CONDITIONED, Front Avenue (deferred April 28, 2009), BY CONSENT DISTRICT 5 - L YNNHA VEN 2 BEVERLY ARMSTRONG APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y Exoansion of a Nonconforminl! CONDITIONED, Structlrre at 7300 73'd St (deferred BY CONSENT March 10, 2009), DISTRICT 5 - L YNNHA VEN 3 REFORMED BAPTIST CHURCH APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y CUP re church at 2230/ 2234/2240 REVISED Salem Road (deferred April 28, 2009), CONDITIONS, DISTRICT 7 - PRINCESS ANNE BY CONSENT 4 Christian House of Prayer CUP re: APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y religious services at 333 Edwin Drive, CONDITIONED, DISTRICT 3 - ROSE HALL BY CONSNET 5 Ground Zero Church CUP to conduct APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y religious services at 485 South REVISED Lynnhaven Road, CONDITIONS DISTRICT 3 - ROSE HALL FOR COMPLIANCE, BY CONSENT 6 Faith Temple Church CUP re: church APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y at I52-B South Plaza Trail. REVISED DISTRICT 3 - ROSE HALL CONDITIONS FOR COMPLIANCE, BY CONSENT 7 Harvey Orr CUP re: home occupationl APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y custom made furniture at 1545 Harbor CONDITIONED, View Cove, BY CONSENT DISTRICT I - CENTERVILLE 8 Richmond 20MHZ, LLC., dba APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y NTELOS CUP re: communications CONDITIONED, tower at 3429 Clubhouse Road, BY CONSENT DISTRICT 3 - ROSE HALL 9 Euclid Properties, LLC C OZ from R-5D to APPROVED AS 9-0 Y Y y Y Y Y A A Y Y Y Conditional B-2 re: addition to existing PROFFERED, B office building at 4756 Euclid Road, BY CONSENT S DISTRICT 2 - KEMPSVILLE T A I N E D > I CITY OF VIRGINIA BEACH SUMM4RYOF COUNCUACnONS V I DATE: 05/12'2009 L PAGE: 5 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 10 Ord to AMEND ~201 of (CZO) re: ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y setbacks for front porches/handicapped CONSENT ramps II Ord to AMEND ~ 111/~225,1 of (CZO)re: ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Bed and Breakfast Inns CONSENT 12 Church Point Manor, LLC., MODIFIED, 9.0 Y A Y Y Y Y Y A Y Y Y Modification of Condition Nos, 1/2 re: CONDITIONED, B individuals in dining areal number of BY CONSENT S lodging rooms at 400 I Church Point T Road A DISTRICT 4 - BA YSIDE I N E D M, APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S CHESAPEAKE BAY ALCOHOL SAFETY PROGRAM HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL N/O/P ADJOURNMENT 6:39 PM PUBLIC COMMENTS 4 SPEAKERS Non-Agenda Items 6:40-6:50 PM