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Home My WebLink AboutJUNE 9, 2009 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" DTY COUNDL MAYOR WILUAM D. SESSOMS .JR., At-Large VICE 1\1A YOR LOUIS R. JONES, Bayside - District 4 GLENN R. DA VIS, Rose Hall- District 3 WILUAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centervi/le - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANA GAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 9 JUNE 2009 I. CITY MANAGER'S BRIEFINGS - Conference Room - A. CHINESE DRYWALL Cheri Hainer, Administrator - Permits and Inspections B. GREEN RIBBON IMPLEMENTATION COMMITTEE Barry Frankenfield, Manager, Strategic Growth Area (SGA) II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW v. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PM 4:30 PM VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor, London Bridge Baptist 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 2. INFORMAL and FORMAL SESSIONS May 19, 2009 May 26, 2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY Regional Group Home - 2293 Lynnhaven Parkway I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution URGING the Commonwealth of Virginia and United States Congress to make the advancement of high speed passenger rail service from Richmond to Southside Hampton Roads a high priority 2. Resolution to MODIFY an architectural and engineering services contract and revise the price with Waterway Surveys and Engineering, Ltd, re the Lynnhaven River dredging project to allow for the change in the transfer facility site. 3. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property at 2293 Lynnhaven Parkway to Tidewater Group Home 4. Ordinance to GRANT permits allowing certain Emergency Medical Service (EMS) agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. Children's Hospital ofthe King's Daughters Transport Team c. Life Evac Virginia d. Medical Transport e. Mid-Atlantic Regional Ambulance, Inc. f. Eastern Shore Ambulance Service g. Nightingale Regional Air Ambulance h. Special Event Providers of Emergency Medicine 5. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $11,129,836 from Princess Anne Road - Phase IV to Nimmo Parkway - Phase V-A within the FY 2009-10 Capital Budget b. $1,036,910 from FEMA to the Fire Department's V A-TF2 Urban Search and Rescue Team re emergency preparedness c. $322,161 from Opportunity Inc. through the American Recovery and Reinvestment Act (ARRA) re Summer youth employment within City departments d. $15,000 from the City Beautification Fund to Parks and Recreation re Japanese Miyazaki Garden renovation K. PLANNING 1. Application of NANCY SAUNDERS and W ALTER P. ADAMS, JR. for an Expansion of a Nonconforming Structure re a covered front porch and two-story addition at 107 85th Street, L YNNHA VEN DISTRICT. RECOMMENDATION APPROVAL 2. Application ofTPK INVESTMENTS CORP. and CLINT USONIS for an Expansion of a Nonconforming Structure re a porch enclosure, exterior stairs, decking and a two-story addition at 844 Dwyer Road, PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 3. Application of MEMBERS TRUST CREDIT UNION for a Modification of Conditions re a two-story credit union, offices and a small restaurant at Holland Road and South Independence Boulevard (approved by the City Council on September 22, 1998), ROSE HALL DISTRICT RECOMMENDATION APPROVAL 4. Application of HEARTS 4 KIDS CHILDCARE for a Conditional Use Permit re Daycare at 3569 Marvell Road, ROSE HALL DISTRICT RECOMMENDATION APPROVAL 5. Application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a Conditional Use Permit re an indoor recreational facility (martial arts) at 3900 Bonney Road, Suite 213, L YNNHA VEN DISTRICT RECOMMENDATION APPROVAL 6. Application of HYBRID ACADEMY OF MARTIAL ARTS for a Conditional Use Permit, re an indoor recreational facility (martial arts), at 3636 Virginia Beach Boulevard, Suite 115, L YNNHA VEN DISTRICT RECOMMENDATION APPROVAL 7. Application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne Road, PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 8. Application of MANNY VARELA, CENTRES BFS NORTHEAST, LLC for a Conditional Use Permit re small engine repair at1531 General Booth Boulevard, BEACH DISTRICT RECOMMENDATION APPROVAL 9. Application of ENDEAVOR ENTERPRISES, LLC for a Change of Zoning District Classification, from AG-l and AG-2 Agricultural Districts to Conditional B-IA Limited Business District and P-l Preservation District at Holland Road and Chestnut Oak Way, PRINCESS ANNE DISTRICT APPLICANT REQUESTS DEFERRAL TO JULY 14,2009 L. APPOINTMENTS BA YFRONT ADVISORY COMMITTEE BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION SOCIAL SERVICES BOATRD TIDEWATER COMMUNITY COLLEGE BOARD M. UNFINISHED BUSINESS ,II N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** COUNCIL SCHEDULE FOR JULY AND AUGUST ******** If you are physically disabled or visually impaired and need as.sistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 6/9/09st www.vbgov.com III I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. CHINESE DRYWALL Cheri Hainer, Administrator - Permits and Inspections B. GREEN RIBBON IMPLEMENTATION COMMITTEE Barry Frankenfield, Manager, Strategic Growth Area (SGA) II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW ill V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION ill VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor, London Bridge Baptist 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 2. INFORMAL and FORMAL SESSIONS May 19, 2009 May 26, 2009 G. FORMAL SESSION AGENDA 'II H. PUBLIC HEARING 1. LEASE OF CITY PROPERTY Regional Group Home - 2293 Lynnhaven Parkway PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will110ld a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, June 9, 2009, at 6:00 p.m. in the Council Chamber 0" the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing wil! be to obtain publiC camme'nt on the City's proposal to lease the following property: Approximately 4,080 sq. ft. of City-owned property located at 2293 Lynnhaven Parkway, Virginia Beach, VA 23456, to the Tidewater Regional Group r-lome Commission. 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, cali TTY only 711. Any questions concerning this matter sl10uld be airectl!d to the Department of Management Services - Facilities Management Office, Room 228. Building 18, at the Virginia Beach Municipal Center (757) 385 5659. Ruth Hodges Fraser, MMC City Clerk Beacon May 31. 2009 20210171 t:,.l IIiI. _ III I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution URGING the Commonwealth of Virginia and United States Congress to make the advancement of high speed passenger rail service from Richmond to Southside Hampton Roads a high priority 2. Resolution to MODIFY an architectural and engineering services contract and revise the price with Waterway Surveys and Engineering, Ltd, re the Lynnhaven River dredging project to allow for the change in the transfer facility site. 3. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property at 2293 Lynnhaven Parkway to Tidewater Group Home 4. Ordinance to GRANT permits allowing certain Emergency Medical Service (EMS) agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Life Evac Virginia d. Medical Transport e. Mid-Atlantic Regional Ambulance, Inc. f. Eastern Shore Ambulance Service g. Nightingale Regional Air Ambulance h. Special Event Providers of Emergency Medicine 5. OrdinanQes to ACCEPT, APPROPRIATE and TRANSFER funds: a. $11,129,836 from Princess Anne Road - Phase IV to Nimmo Parkway - Phase V-A within the FY 2009-10 Capital Budget b. $1,036,910 from FEMA to the Fire Department's VA-TF2 Urban Search and Rescue Team re emergency preparedness c. $322,161 from Opportunity Inc. through the American Recovery and Reinvestment Act (ARRA) re Summer youth employment within City departments d. $15,000 from the City Beautification Fund to Parks and Recreation re Japanese Miyazaki Garden renovation III ~~'" ,r"';- :;;'~~"'Q 1'& ' ';V, :E," ~:~} \~F".~~~ :;,,:;j!/ ...............-." CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Urging the Commonwealth of Virginia and Congress to Advance Higher Speed Passenger Rail to Southside Hampton Roads as a High Priority Initiative MEETING DATE: June 9, 2009 . Background: The region, especially Southside Hampton Roads, has been pursuing the construction of a high speed rail link from Southside Hampton Roads to Richmond and beyond for many years. Recent developments provide a wonderful opportunity for our Congressional Delegation and the Commonwealth to work together to ensure that Southside Hampton Roads receives consideration for high speed rail connection to Richmond. These include: · President Obama has identified considerable sums of money in the American Reinvestment and Recovery Act (ARRA) to fund high speed rail. · The President has pledged even larger sums of money over the coming year for high speed rai~. · The Surface Transportation Act (ST A) is up for reauthorization in the current session of Congress. The Commonwealth of Virginia has embarked on a number of studies. However, these studies have been delayed by the Department of Rail and Public Transportation for over two years. (A separate feasibility study has been completed for high speed rail on the Peninsula where there is already existing Amtrak service as far south as Newport News.) . Considerations: The inclusion of Southside Hampton Roads in the high speed rail network being proposed for the East Coast is vital to the continued economic development to the region and the timely movement of our populous. Of the Hampton Roads Region's, 1.7 million people, 1.1 million live in Southside Hampton Roads. High speed rail will provide a much needed alternative to automobile and air travel for hundreds of thousands of trips over the course of a year. . Public Information: This item will be advertised in the same manner as other agenda items. . Recommendations: Approval. . Attachments: Resolution Recommended Action: Adoption of Resolution Submitting Department/Agency: City Manager's Office/Robert R. Matthias ~U1 CilyManager ~ ~~ III I 1 A RESOLUTION URGING THE COMMONWEALTH OF 2 VIRGINA AND CONGRESS TO ADVANCE HIGHER 3 SPEED PASSENGER RAIL TO SOUTHSIDE HAMPTON 4 ROADS AS A HIGH PRIORITY INITATIVE 5 6 WHEREAS, President Barack Obama recently released a strategic plan entitled 7 Vision for High-Speed Rail in America; and 8 9 WHEREAS, the President's high speed rail strategic plan proposes the rebuilding 10 of the country's existing rail infrastructure into a new robust network of high-speed 11 passenger rail corridors comparable to the European High-Speed Passenger Rail 12 System; and 13 14 WHEREAS, $8 billion has been allocated in the' American Reinvestment and 15 Recovery Act of 2009 as a down payment on this new national high-speed passenger 16 rail system; and 17 18 WHEREAS, the President has proposed an additional $1 billion per year for the 19 next five years for the most qualified high-speed rail projects starting in the Proposed 20 United States FY 2010 Budget; and 21 22 WHEREAS, high-speed rail will have significant economic and quality of life 23 benefits for connected communities and regions across the country by offering a viable, 24 environmentally friendly, and energy efficient transportation alterative, which also 25 promotes economic development, job creation, and enhanced travel. and tourism 26 opportunities; and 27 28 WHEREAS, it is critically essential that the Hampton Roads Region (the 29 "Region") be directly connected to the emerging national high-speed rail network to 30 ensure the Region's continued economic competitiveness; and 31 32 WHEREAS, the current and well documented traffic delays at the major water 33 crossings of Hampton Roads makes efficient travel across the Region difficult and 34 sometimes unreliable; and 35 36 WHEREAS the General Assembly's continued unwillingness to identify a 37 dedicated and sufficient transportation funding stream to improve the known 38 deficiencies in critical regional transportation corridors is a serious problem; and 39 40 WHEREAS, the initial investment in high speed rail to Hampton Roads must 41 directly connect the larger population base and employment centers of the Region, 42 which are located in South Hampton Roads, to fully realize and leverage the potential 43 benefits of such a major transportation investment; and 44 II I 45 WHEREAS, a modern high-speed passenger rail system will offer a viable 46 emergency evacuation alternative for Souths ide Hampton Roads citizens in the event of 47 a hurricane or other major event necessitating mass evacuation of the Region; and 48 49 WHEREAS, the necessary studies to evaluate and select a preferred high-speed 50 rail alternative from Richmond to Hampton Roads have been delayed by more than two- 51 years; and 52 53 WHEREAS, the Comm_onwealth must with all deliberate speed complete the 54 federally required studies for identifying a preferred high-speed passenger rail 55 connection from Richmond to Hampton Roads so that the Region can be in a position to 56 successfully compete for current and future federal funding. 57 58 NOW, THEREFORE, be it resolved, by the Council of the City of Virginia Beach: 59 60 That, the first priority for the essential high-speed passenger rail connection to 61 Hampton Roads directly connects South Hampton Roads to Downtown Richmond 62 through Petersburg and along the Route 460 / Norfolk Southern Corridor, 63 64 AND BE IT FURTHER RESOLVED, that the Commonwealth of Virginia needs to 65 fully appreciate the tough competition our state will face for securing federal high-speed 66 rail funding and that high-speed passenger rail must be a high priority for the state 67 requiring the immediate and significant commitment of both staff and financial resources 68 to best position the Richmond to Hampton Roads High-Speed Passenger Rail Corridor 69 for selection for federal funding. 70 71 AND BE IT FURTHER RESOLVED, that the Hampton Roads Congressional 72 Delegation is requested to assist in the selection of the Richmond to Hampton Roads 73 High-Speed Passenger Rail Link and funding for the Richmond to Hampton Roads 74 High-Speed Passenger Rail Link from all possible sources including the pending 75 Federal Surface Transportation Act Re-Authorization and the President's newly 76 proposed high-speed passenger rail program. Adopted by the Council of the City of Virginia Beach, Virginia on this ,2009. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: :e~~ City Attorney's Office CA 11142 R-2 May 22, 2009 III I ~~.i},~~:,\ fl,~GG' :,~),., T~ ." ..t:,... ~. -%:', (t=f ,~..t'" (w' . >) "Z~:;"",,,, ..~ 2J ~'.\;.;.;:..:..~7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the Modification of Architectural and Engineering Services Contract between the City and Waterway Surveys and Engineering, Ltd. MEETING DATE: June 9, 2009 . Background: In July 2005, the City executed a Contract with Waterway Surveys and Engineering, Ltd., to provide professional engineering services for the Western Branch of Lynnhaven River Maintenance Dredging Project (CIP # 8-005). The original scope of contracted services included surveying, shoaling analyses, permitting, channel design, public involvement, and development of construction contract documents. Based upon feedback received at public meetings, alternate sites for a dredged material transfer station were evaluated. The proposed transfer facility has been moved from the Lynnhaven Boat Ramp Facility to a site located near the crossing of Thalia Creek and Virginia Beach Boulevard. Also, the revised project will incorporate recreational uses into the facility layout and design. . Considerations: Additional professional engineering services are required to complete the revised project. The changes to this contract are summarized in the attached memorandum. The additional services will increase the contract price from $240,000 to $407,209 (a change of 69.7%) and current CIP supports this additional funding increase. Adoption of this resolution is required by the Virginia Public Procurement Act (VPPA) in order to increase the contract by greater than 25% of the original contract amount. . Public Information: Public information will be handled through the normal media and communication channels. . Recommendations: Adopt the resolution . Attachments: Resolution; Memorandum dated May 29,2009 Recommended Action: Approval Submitting Department/Agency: Public Works r---7~ r: ~ """<e"- CityManag~~, ~~ II I 1 A RESOLUTION APPROVING THE MODIFICATION 2 OF ARCHITECTURAL AND ENGINEERING 3 SERVICES CONTRACT BETWEEN THE CITY AND 4 WATERWAY SURVEYS AND ENGINEERING, LTD. 5 6 WHEREAS, in July 2005, the City executed a contract with Waterway Surveys 7 and Engineering, Ltd., to provide professional engineering services for the Western 8 Branch of the Lynnhaven River Maintenance and Dredging Project (CIP # 8-005); and 9 10 WHEREAS, the original scope of the project has been enlarged to include a 11 change in location for the dredged material transfer station location and the 12 incorporation of recreational uses into the facility layout and design; and 13 14 WHEREAS, the modifications require additional professional engineering 15 services to complete the project; and 16 17 WHEREAS, the additional professional engineering services required to 18 accomplish the scope of this project will increase the contract price by 69.7 percent over 19 the original design contract amount of $240,000; and 20 21 WHEREAS, the Virginia Public Procurement Act requires City Council approval 22 of changes to contracts that exceed $50,000 or 25 percent of the original contract price, 23 whichever is greater. 24 25 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA THAT: 27 28 The City Council hereby approves the modification of architectural and 29 engineering services contract with Waterway Surveys and Engineering, Ltd., with the 30 revised contract price of $407,209. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, this 33 day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: <:2~ l tl-1IU" Pu c Works 17'g,___~ City orney's Office CA11154 R-1 May 29. 2009 III I ~~ ~~q;.r>.~t".~~C'~ r ~"~"i-1j=-;'<'3, . t-,~ r:,,:,.,....h' :..;:-~';s,z.~ ~~\'.~ ,.t.- .' ~..!:i1~"'{; 1'0 ".".... -. '.Of' "~""""':!::.."i (;) " (' ~ .' ,,". ,g ;;-' (. G ~I d .';'!~,-t. '~~;, ~. . ':<:',',:;':,-:::-~ "1~:!f: *J' l.~~~7~Zji ~l t... ",' r;r" ,p ....", ~ "'."'::':;' '_'.',. ~ '~..-" .s (~'."",~r,:...i.!/i""":;'"L ~ 0" ( ~:"'F' ";0 Ot\~ \.. F: OUR'" Nfl,i"\ ...~~..... City e>f --V-n-girria Beach DEPARTMENT OF PUBLIC WORKS 757-385-4167 FAX (757) 385-5783 TOO (757) 385-4305 VBgOV.COID MUNICIPAL CENTER BUILDING 2 ROOM 340 2405 COURTHOUSE DRIVE VIRGINIA BEACH. VA 23456-9031 INTER-OFFICE MEMORANDUM DATE: May 29,2009 TO: James K. Spore, City Manager P~/ FROM: Jason E. Cosby, P.E., Director of Pu SUBJECT: Western Branch of Lynnhaven River Maintenance Dredging (CIP 8-005) Change Order ~umber 4 to the Engineering Design Contract In July 2005 the City executed a Contract Agreement with Waterway Surveys & Engineering, Ltd., to provide professional engineering services for the Western Branch of Lynnhaven River Maintenance Dredging Project. The original scope of services included surveying, shoaling analyses, permitting, channel design, public involvement, and development of construction contract documents. Additional professional engineering services are required to complete the project due to a change in the dredged material transfer station location and to incorporate recreational uses into the facility layout and design. The scope and fee proposal for the required additional professional engineering services are detailed in the attached document titled Change Order Number 4. The total amount of this change order is $113,980 bringing the revised total contract amount including previously approved change orders to $407,209. The contract change orders are summarized in the table below. Change Order Summary: Ori inal Contract Chan e Order #1 Chan e Order #2 Chan e Order #3 Chan e Order #4 Revised Contract $240,000 $0 $13,235 $39,994 $113.980 $407,209 I I Mr. James K. Spore May 29, 2009 Page 2 This revised contract amount of $407,209 represents an increase of $167,209 (69.7%) over the original design contract amount of $240,000. City Council approval is required to authorize the City Manger to amend the original Contract Agreement in an amount greater than 25% of the original contract amount. In this regard the attached Agenda Item request and City Council Resolution are provided for your consideration. I would be pleased to provide any further information you may need. JEC/dff4 cc: Dave Hansen, Chief of Finance and Technology John Fowler, City Engineer Phill Roehrs, Water Resources Manager Mike Mundy, Water Resources Project Management ~ ~ uJ cO 4- ..-- ~~ ~u.J ..--t: "/4 u-O OZ ,,-uJ t:,C) U4. t) ~O(G~ ~ (G c: c: '" .~8t; to '" .,.. .~ 8 ; % ..... '" -0 .,.. o~~. ~"'~~ !!. ~ ~ ;;.1- ~.c~~ QD Q) ~ ..... .S~-o~ ~';bC~ ... c: (G .Q) o.uJ~C: ~~vuJ c: (G Q) .~ co -5 "'5'" ....aC: 9.~~ cu ~ ~ ~ ...... ~ 4. ~ Q) ~co cu c.J C co c ~ c .- co ~ \0- cutj .'2. cu ~ .-- \t\ ceo cuo-o ~oOch .s:; .S 0- C aD 0 C -0 ..;..; ::J~ ~o c.J c (0 \0- cO C \0- ~ Vt cu ~ 'C"'" $ ~ Q) e ~ ..... 0'\ I I ~ .... OJ Q) "f- VI c: ..... n:s > "0 F 0 - i- .s:::. n:s Q) ....., .~ OJ OJ ~ ....., > Qj n:s c: ('Q ~ ~ \0 c: u VI m .- U OJ .s:::. c: 0 .... U m .- .s:::. 0 :::::J c: U 0 C- .- OJ ... OJ m Ltl ~ ~ ...... a:: . . . . ~ ..-...,.... (j)! It W ~ 0:0 :t: ffi Z 0 ~_._ ~ a ~ (I) ;,.: ".; ...0 m:.::; Z... w c( a:: ., :':, z~8zo ;i'( ~UJ~C3~ :z:oa..a::sa o~->~ ZZOLL::) ~UJ 00. a:I~ l: - ~i 0 ~ UJ W ~ ,,'Ion- .. -~ ~::i. ~t :I: ~.: ~" -::1 l ....~Io, ------- ._~~ . ~ \ I' \ ,\ ';' \ ~\ \ \"~., { ~, , , \ ~~ ,,\ :\ .' '~ .;:~~ \1 /~ r '. ' ../" ' ~, ,'~ (Y.;fiej ~", ' .' :;. ,'\" ~, " ',-: ';~ /);:.i , ~ .' "; ',. 11/' iry.. .' . .~.~.::..;..,,;" .~: ". ...---- " ' . ',,- I . "', " .,,~ - \\ \\ I ~I-,,,.<..",, \\ \ . . . . III I II \ ,,,~, ~"~'~ I II III I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for one year, with four optional one-year renewals, with Tidewater Regional Group Home Commission for 4,080 square feet of City-owned property located at 2293 Lynnhaven Parkway in the City of Virginia Beach MEETING DATE: June 9, 2009 . Background: Tidewater Regional Group Home Commission, a public body corporate established pursuant to Virginia Code 916.1-315 et seq. ("TRGHC"), currently leases 4,080 square feet of property, including a residence on the property, from the City of Virginia Beach (the "City") located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the "Property"). TRGHC had used the Property for a transitional living program providing residential housing for juvenile offenders aged seventeen to twenty- one. TRGHC (and its predecessors) has been leasing this property from the City for approximately 30 years. TRGHC wants to terminate the existing lease and enter into a new agreem~nt with the City to lease the Property. This new lease would be on substantially similar terms to the prior arrangement, but would allow a different use of the Property by TRGHC. TRGHC plans to use the Property for a boy's group home for moderate risk boys between the ages of twelve and seventeen. The focus of the program is on the rehabilitation/treatment to decrease aggression, develop moral reasoning, increase attachment to school and pro-social activities and work with families with the goal of youth returning to family or to a foster home. The program would attempt to intervene before there was a need for commitment to the state institutions. The participants are on probation (or foster youth experiencing behavioral problems) who are deemed moderate risk. The boys may have had exposure/involvement with gangs but the goal would be to redirect them away from gangs and to help parents become more effective and authoritative with their sons (for instance, TRGHC will help parents develop higher structure in the home, set clear expectations, hold youth accountable, increase nurturing interaction, and then practice these skills when kids go home on day or weekend passes, etc.). Unless the youth is in foster care, there is an expectation of high family involvement (enforced by the court). II ._j....,~.. ,..... . Considerations: This lease would be for a term of one (1) year, with four one- year renewals, and the City has a thirty-day (30) termination option. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or decline to lease the subject premises. . Recommendations: Approval . Attachments: Ordinance Summary~of Terms Location map Recommended Action: Approval Submitting Department/Agency: Office City Manage~ l ~~ I ..... Managem~t ~.. 'ces / Facilities Management \",-,-# I, II I' II1I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH TIDEWATER REGIONAL 5 GROUP HOME COMMISSION, FOR 4,080 SQUARE 6 FEET OF CITY-OWNED LAND LOCATED AT 2293 7 LYNNHAVEN PARKWAY IN THE CITY OF VIRGINIA 8 BEACH 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia 12 Beach (the "Property"). 13 14 WHEREAS, Tidewater Regional Group Home Commission, a public body 15 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC") 16 desires to lease 4,080 square feet of the Property (the "Premises"). TRGHC has 17 agreed to lease the Premises from the City for one year, with four optional one- 18 year renewals, with a lease payment of One Dollar ($1.00) per year. 19 20 WHEREAS, City Council approved a similar lease of the Premises to 21 TRGHC on February 8,- 2008, and TRGHC has leased the Premises from the 22 City lor approximately 30 years; 23 24 WHEREAS, TRGHC desires a new lease so that it can change the use of 25 the Premises from a transitional living program house for youthful offenders 26 between the ages of seventeen and twenty-one to providing residential housing 27 for juvenile offenders between the ages of twelve and seventeen. 28 29 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the term 33 of one year, with four optional one-year renewals, between TRGHC and the City, 34 for the Premises in accordance with the Summary of Terms attached hereto and 35 made a part hereof, and such other terms, conditions or modifications deemed 36 necessary and sufficient by the City Manager and in a form deemed satisfactory 37 by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2009. I i APPROVED AS TO LEGAL SUFFICIENC~ AND ~~) /~~L7// ,./". /;:~? /' " ?:::>,/ " J:;-'" City Attorney APPROVED AS TO CONTENT .' ; / / / f. '4 I Manageme services-1--- Facilities Managemen{ CA11016 \\vbgov.com.Jfs I lapplicationslcitylawprod'cycom32\ Wpdocs\DO II \P0051000 12241.DOC R-1 June 1 , 2009 2 1_' "'I I " SUMMARY OF TERMS LEASE FOR THE USE OF 4,080 SQUARE FEET OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Tidewater Regional Group Home Commission PREMISES: Approximately 4,080 square feet of City property, including the existing residence, located at 2293 Lynnhaven Parkway in the City of Virginia Beach TERM: July 1, 2009 through June 30, 2010. RENEWAL: Four optional one-year terms. TERMINATION: City may terminate at any time on thirty (30) days written notice to Lessee. RENT: Rent shall be one dollar ($1.00). RIGHTS AND RESPONSffiILITIES OF TIDEWATER REGIONAL GROUP HOME COMMISSION: . Offer a Boys Group Home, licensed by the Board of Juvenile Justice. This residential unit will house boys 12-17 years of age and will not exceed 12 residents at any given time. These boys have been referred from the Court Services Unit or Department of Social Services and have not been incarcerated. Each person will stay an average of 4-6 months, the niajority of the boys remain in custody of their parent/guardian with the goal of returning back home upon successful completion of the program. . Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) 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. . Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including Virginia Beach Code Section 23-59. I,~ ~ RIGHTS AND RESPONSmILITIES OF THE CITY: . Will have access to the Premises at any time, without prior notice, in the event of an emergency. . Will have the right to require Tidewater Regional Group Home Corrunission to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. . Will have the right to grant easements and rights of way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other sin1i.1ar purposes. V :\applicalions\cilylawprod\cycom32\ WpdocsJ){)2TJ'002\00036112,DOC II II LOCATION MAP II 1>11 I 0) s o ~ ~ ~. ;::::l~ o~ ;.... CI d 0) - ;> C'O C'O d .~ ~ 0) ~ o:::~ ;""("r') 0)0\ taN ~N 0) "'0 .- ~ II II ."I"j,,",~,-II~-I ~.....,.. ~\~t'~7i~~ fR~" ~,,~ JY~1 to !"'-'\?)' '"Ei · :~~ ( "'''''''''''''''?'''' /# ~- ) '~~~\ '" i~ij 'i~~;, ,.~~~>: ~~\ elf -...:.;~::.,:~oJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 9, 2009 . Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. Such permits must be renewed by City Council annually. . Considerations: The following applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: ~astern Shore Ambulance, t,merican Lifeline Medical Transport, Inc., Mid-Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport Team, Life Evac Virginia, Special Event Providers of Emergency Medicine, Nightingale Regional Air Ambulance, and ~edical Transport, L.L.C. During the previous twelve months, the private emergency medical services agencies performed non-emergency and inter- facility transports to include both basic and advanced life support calls. . Public Information: Public information will be handled through the normal Council agenda process. . Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services c;21+ City Manager: ~ t . ~wt II I 1 AN ORDINANCE TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid- 13 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport 14 Team, Life Evac Virginia, Special Event Providers of Emergency Medicine, Nightingale 15 Regional Air Ambulance, and Medical Transport, L.L.C.; and . 16 17 WHEREAS, the above-listed private ambulance agencies perform services not 18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 19 transports, which include both basic and advance life support calls. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH; 23 24 1. That the City Council hereby grants Emergency Medical Services permits to the 25 following agencies: 26 27 Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid- 28 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's 29 Daughters Transport Team, Life Evac Virginia, Special Event Providers of 30 Emergency Medicine, Nightingale Regional Air Ambulance, and Medical 31 Transport, L.L.C.. 32 33 2. That these 'permits shall be effective from July 1, 2009 until June 30, 2010. of Adopted by the City Council of the City of Virginia Beach, Virginia, on this ,2009. day APPROVED AS TO CONTENT: ~/ ~ ~.-- i;'~A' /. -- Emergency Medical Services CA 11141 R-2 May 29,2009 II II 1.1"--- IH.-I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from CIP # 2-305, Princess Anne Road - Phase IV, to CIP # 2-121, Nimmo Parkway - Phase V-A, within the FY 2009-10 Capital Budget MEETING DATE: June 9, 2009 . Background: VDOT recently received an additional $16,700,000 through the American Recovery and Reinvestment Act of 2009 (ARRA) , which will be allocated by the State to CIP # 2-305, Princess Anne Road - Phase IV. This will allow for the reallocation of funding within the City's roadways program. . Considerations: The allocation of the $16,700,000 to the Princess Anne Road - Phase IV project by the State will allow the City to transfer $11,129,836 in the FY 2009-10 Capital Budget from that project to CIP #2-121, Nimmo Parkway - Phase V-A, which is a City Council priority. . Public Information: Public information will be handled through the normal City Council agenda process. . Recommendations: Approve the ordinance to transfer $11,129,836 from CIP #2-305, Princess Anne Road - Phase IV, to CIP #2-121, Nimmo Parkway - Phase V-A within the FY 2009-10 Capital Budget. . Attachments: Ordinance Recommended Action: Approval of ordinance ~ ~# Submitting Department/Agency: Department of Pub!' orks ~ C ~;kc. City Manag~s k . 2z3~ ~-+ 1 AN ORDINANCE TO TRANSFER FUNDS FROM CIP # 2- 2 305, PRINCESS ANNE ROAD - PHASE IV, TO CIP # 2-121, 3 NIMMO PARKWAY - PHASE V-A, WITHIN THE FY 2009-10 4 CAPITAL BUDGET 5 6 WHEREAS, VDOT will be allocating $16,700,000 in additional American 7 Recovery and Reinvestment Act of 2009 funding to CIP #2-305, Princess Anne Road - 8 Phase IV, which allows for the reallocation of funding within the FY 2009-10 Capital 9 Improvement Program. 10 11 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That $11,129,836 is hereby transferred from CIP #2-305, Princess Anne Road - 15 Phase IV, to CIP #2-121, Nimmo Parkway - Phase V-A, in the FY 2009-10 Capital 16 Budget. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: DWQ Management Services CA 11152 R-1 May 27, 2009 I" III ....r:~1Aiit..." !S"~~~c:';~~ r'&,/"'.t' " , (E: ."" ~,:,.>t... '~'~~::-.:~~~,:. ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the U.S. Department of Homeland Security to the FY 2009-10 Operating Budget of the Fire Department MEETING DATE: June 9, 2009 . Background: The Federal Emergency Management Agency (UFEMA"), the emergency preparedness branch of the Department of Homeland Security, has continually provided funding for Virginia Task Force 2 CVA-TF2"), Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. · Considerations: FEMA has awarded $1,036,910 to V A- TF2 for support of ongoing expenses for a sixteen month period from May 1, 2009 through August 31, 2010. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities for a heightened state of readiness and to meet new threats. This annual preparedness grant continues funding for 3.25 FTEs previously approved by City Council in the current FEMA cooperative agreement grant including 2 full-time positions (FEMA Program Manager and Account Clerk) and 2 part-time positions (Training Manager and Logistics Manager - Total of 1.25 FTE). These positions do not now appear in the Adopted FY 2009-10 Operating Budget that Council adopted May 12, 2009, but are re-affirmed through acceptance and appropriation of the FEMA Cooperative Agreement grant. These positions have been fully supported by FEMA for the last five years. Also, the grant provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. The program has reached a point where this level of funding is critical to its continuity as a viable program. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA - TF2 at required performance levels. · Public Information: Public Information will be handled through the normal agenda process. · Recommendations: Accept FEMA grant and appropriate $1,036,910 for management and maintenance of Virginia Task Force 2 Urban Search and Rescue team including full funding for the existing 3.25 FTE's. . Attachments: Ordinance Recommended Action: Approval of ordinance Submitting Department/Agency: Fire Department IJi;J- City Manager~ k ~ 6G012.1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE U.S. DEPARTMENT OF 3 HOMELAND SECURITY TO THE FY 2009-10 4 OPERATING BUDGET OF THE FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) Funds are hereby accepted from the U.S. Department of Homeland Security, 10 Federal Emergency Management Agency, for the FY 2009-10 Cooperative Agreement 11 Grant for continued operation of the Virginia Task Force 2 Urban Search and Rescue 12 Team in the amount of $1,036,910, and appropriated, with estimated federal revenues 13 increased accordingly, to the FY 2009-10 Fire Department Operating Budget; and 14 15 2) As a condition of continued grant funding for the duration of the grant, 3.25 16 positions, including two full-time positions (FEMA Program Manager and Account Clerk) 17 and two part-time positions (Training Manager and Logistics Manager totaling 1.25 18 FTE'S), are approved and maintained in the FY 2009-10 Operating Budget and the Fire 19 Department. 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 Legal Sufficiency: .... ~. 0.", -~. n ~' LJU/LA.0 Q _ \ ') /'- Management Servfces ~~-~ City A orney's Office CA11143 R-2 May 26, 2009 I" III CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the FY 2008-09 Operating Budget of the Department of Human Resources from Opportunity Incorporated of Hampton Roads MEETING DATE: June 9, 2009 . Background: Opportunity Incorporated of Hampton Roads ("Opportunity Inc.") is the designated fiscal agent for Virginia Local Workforce Investment Area 16. As part of the American Recovery and Reinvestment Act (ARRA), Opportunity Inc. received federal Workforce Investment funds for a summer youth work experience program. The City of Virginia Beach requested funding from Opportunity Inc. to participate in a summer work experience program. The program provides job opportunities for individuals with low incomes as well as other eligibility criteria and is aimed at assisting youth in developing readiness skills relevant to the workplace. This program envisions the provision of positive work experiences for up to 138 youths (ages 14 to 24). The program would consist of an eight-week summer job program that would include workplace readiness skills relevant training as well as material costs totaling $322,161. . Considerations: The cost to provide this eight-week summer work program is funded through federal stimulus funding under the Workforce Investment Act guidelines provided by Opportunity Inc. and requires no City funding. If approved, multiple departments would participate in the jobs program including Human Resources, Human Services, Public Works, Parks and Recreation and Libraries. Last, the program would be subject to a Memorandum of Understanding between the City and Opportunity Inc. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: Accept and Appropriate funding from Opportunity Inc. for a summer youth work experience program. . Attachments: Ordinance, Summary of Material Terms for a Memorandum of Understanding between the City and Opportunity Inc. Recommended Action: Approval Submitting Department/Agency: Human Resources CityManage~ l,~~ 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 I" III AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE FY 2008-09 OPERATING BUDGET OF THE DEPARTMENT OF HUMAN RESOURCES FROM OPPORTUNITY INCORPORATED OF HAMPTON ROADS WHEREAS, the City of Virginia Beach desires to provide a summer youth jobs program for up to 138 youth ages 14 to 24 years for eight weeks during 2009; and WHEREAS, the cost of such program would be funded through money received by the City of Virginia Beach from Opportunity Incorporated of Hampton Roads (Opportunity Inc.) as part of the American Recovery and Reinvestment Act (ARRA). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $322,161 is hereby accepted and appropriated, with federal revenue increased accordingly, to the Department of Human Resources to fund a summer youth work experience program; and 2. That, subsequent to approval of the Memorandum of Understanding (MOU) by the City Attorney, the City Manager or his designee is hereby authorized to execute the MOU with Opportunity Inc. to provide a summer youth work experience program. A summary of the material terms of the MOU is attached hereto. 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 of the members of City Council. Approved as to Content: Approved as to Legal SuffiCiency: s( ~fl~ / Ity A orney's Office CA 11150 R-2 May 27, 2009 I I Summary of Agreement between City of Virginia Beach ("City") and Opportunity Incorporated of Hampton Roads ("Opportunity Inc.") SUMMARY OF MATERIAL TERMS Purpose: This Memorandum of Understanding would provide federal funds authorized under the Workforce Investment Act ("WIA") and the American Recovery and Reinvestment Act ("ARRA") to the City for the operation of a summer work experience program for eligible youth. Term: The agreement shall be in effect from the date of execution and conclude on September 30, 2009 (with the work experiences extending from June 29,2009 to August 21, 2009, a period of8 weeks). Responsibilities of the City: . Recruit youth to participate in the program and determine, verify and document program eligibility. . The City would have a goal of placing 138 youth in the program. . Identify worksites, develop participant job descriptions, assign youth to specific worksites, conduct supervisor and participant training and orientations and coordinate the program throughout the summer months. All worksites are required to be safe and meet all WIA and ARRA requirements. . Conduct work readiness training and related pre and post assessments for participants. . . Maintain a payroll system and make direct payments to participants. . Develop an Individual Service Strategy for each participant. . Provide reporting regarding participants and programmatic activities. Responsibilities of Opportunity Inc.: . Provide up to an overall amount of $322,161. Of this amount, up to $280,140 is available for direct payments to youth participants, plus any additional expenditure(s) that may be required by any federal, state or local jurisdiction in regards to these payments. The remaining amount of up to $42,021 is available for operational costs, including participant work readiness training. . Provide oversight of the program. However, the oversight will not disrupt any programmatic activities and prior notice will be provided. I II I III III I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from Fund Balance in the City Beautification Fund to the FY 2008-09 Operating Budget of the Department of Parks and Recreation MEETING DATE: June 9, 2009 . Background: The City's Landscape Management Division accepts donations from residents and organizations that wish to enhance the landscape plantings of public property. Estimated donations (anticipated revenues) and the estimated accompanying appropriations/expenditures are recorded in the City Beautification Fund. . Considerations: The FY 2008-09 budget estimated $20,000 in donation revenue; however, the donations from previous years exceeded budget estimates, resulting in a current fund balance of $48,618. To meet the beautification commitments, including the renovation of the Japanese Garden, associated with the donations, an additional $15,000 of funding is required. . Public Information: Public information would be coordinated through the normal Council Agenda Process. . Recommendations: Approval of attached ordinance. . Attachments: Ordinance Recommended Action: Approval fi- Submitting Department/Agency: Parks and Recreation . City Manager~ k- ~bt?i I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO APPROPRIATE FUNDS FROM FUND BALANCE IN THE CITY BEAUTIFICATION FUND TO THE FY 2008-09 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That. $15,000 of fund balance from the City Beautification Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2008-09 Operating Budget of the Department of Parks and Recreation for landscaping on public property. 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: APPROVED AS TO LEGAL SUFFICIENCY: D~O.b Management Services ~J4.----- City Att . ney s Office CA11145 R-2 May 26. 2009 1', III K. PLANNING 1. Application of NANCY SAUNDERS and WALTER P. ADAMS, JR. for an Expansion of a Nonconforming Structure re a covered front porch and two-story addition at 107 85th Street, L YNNHA VEN DISTRICT. RECOMMENDATION APPROVAL 2. Application ofTPK INVESTMENTS CORP. and CLINT USONIS for an Expansion of a Nonconforming Structure re a porch enclosure, exterior stairs, decking and a two-story addition at 844 Dwyer Road, PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL, 3. Application of MEMBERS TRUST CREDIT UNION for a Modification of Conditions re a two-story credit union, offices and a small restaurant at Holland Road and South Independence Boulevard (approved by the City Council on September 22, 1998), ROSE HALL DISTRICT RECOMMENDATION APPROVAL 4. Application of HEARTS 4 KIDS CHILDCARE for a Conditional Use Permit re Daycare at 3569 Marvell Road, ROSE HALL DISTRICT RECOMMENDATION APPROVAL 5. Application of EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. for a Conditional Use Permit re an indoor recreational facility (martial arts) at 3900 Bonney Road, Suite 213, LYNNHAVENDISTRICT RECOMMENDA TION APPROVAL 6. Application of HYBRID ACADEMY OF MARTIAL ARTS for a Conditional Use Permit, re an indoor recreational facility (martial arts), at 3636 Virginia Beach Boulevard, Suite 115, L YNNHA VEN DISTRICT RECOMMENDATION APPROVAL 7. Application of PUNGO AIRFIELD, LLC for a Conditional Use Permit, re a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne Road, PRINCESS ANNE DISTRICT RECOMMENDATION APPROVAL 8. Application of MANNY VARELA, CENTRES BFS NORTHEAST, LLC for a Conditional Use Permit re small engine repair at1531 General Booth Boulevard, BEACH DISTRICT RECOMMENDATION APPROVAL ,I , 9. Application of EN DE A VOR ENTERPRISES, LLC for a Change of Zoning District Classification, from AG-l and AG-2 Agricultural Districts to Conditional B-IA Limited Business District and P-l Preservation District at Holland Road and Chestnut Oak Way, PRINCESS ANNE DISTRICT APPLICANT REQUESTS DEFERRAL TO JULY 14,2009 1". III NOTICE OF PUBLIC HEARING V,rginla Beach City Council wlll meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive. Tuesday J...ne 9, 2009. at 6:00 p.m. The follOWing applications will be heard: LYNNHAVEN DISTRICT Nancy Saunders/Walter P. Adams, Jr. Application: !;.mansiofl gi_L_~onconforming Structure at 107 85th Street ~GPIN 2510508717). E"stern Academy of Mixed Martial Arts, Inc. .L\pplication: t;;...onditiol191 Use Permit for an indoor recreational facility :martial arts) at 3900 Bonney Road, Suite 213. Hybrid Academy Of Martial Arts Application: ~pnditional~ ?~LQ1!1 for an indoor recreational facility (martial arts} at 3636 Virginia Beach Boulevard. Suite 115, PRINCESS ANNE DISTRICT TPK Investments Corp./Clint Usonis Application: f:~I2.(jl1siQn QU. Nonconforminll. Structure at 844 Dwyer Road (GPIN 2415842288). Endeavor Enterprises. L.L.C. Application: Qhan~e of Zoning Pl~trict Classification, AG-l and AG-2 Agricultural to Conditional B.iA Limited Business and P'l Preservation, east side of Hofland Road. (GPINs 1495417336; -519518; 512696). Comprehensive Plan: Primary Residential Area. Purpose: office and retail. Pungo Airfield, L.LC. ,~ppHcatlon: Conditional Use Permit for a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility at 1848 Princess Anne Road. /\ICUZ IS 65-70 IITA). ROSE HALL DISTRICT. Hearts 4 Kids Childcare Application: Conditional Use Permit for a daycare at 3569 Marvell Road. Members Trust Credit Union Application: M9dification of r:onditions attached to a Change of Zoning approved by the City Council on 9/22/98 (GPIN 14767884450004). BEACH DISTRICT Manny Varela, Centres BFS Northeast. LlC Application: r:-::'2nditlonal Use Permit for a smaH engine repair at 1531 General Bootr Boulevard. ,~Il interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk C0ples of the proposed ordinances, resolutions and amendments are en file and may be examined In the Department of Planning or (miine at !lttp://www.vbgov.com/pc Fornfcrmation cal! 385-4621. if you are physically disabled or visually impaired and need assistance at this meeting. piease cail the CITY CLERK'S OFFICE at 385-4303. Beacon May 24 & 31. 2009 20197001 I I Saunders ~ ~ ~~ ~ ~ 0;.; -:. First Landjng State Park Non-Conforming USt' 2 06/26/89 1 04/23/02 d Granted Denied ZONING HISTORY NANCY SAUNDERS June 9, 2009 City Council Meeting Page 8 i: II' 'I "I I' ':~" ~~ "J~'@""~'t,f,: ~~, ,..0 1 (-" '1.) }5 >, \\ "li} ~~,.~,;,,. ......y ~.;;..::::..~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlaraement of a Nonconformina Structure on property located at 107 85th Street. MEETING DATE: June 9, 2009 . Background: The applicant requests to modify an existing legal nonconforming structure that encroaches into the front yard setback. The setback is nonconforming as it does not meet the current setback requirement for the R-5R Resort Residential District, but was legally built in 1912 prior to Zoning Regulations. Existing improvements on the site consist of a two (2) story, 1,200 square foot single- family dwelling with a small deck on the rear of the building, a small shed in the back yard, and a concrete parking pad parallel to 85th Street. . Considerations: The applicant desires to modify the structure by enclosing the existing ground floor porch with a screened porch and adding -an exterior staircase for access from the 1 st floor deck to the proposed 2nd floor deck. The building plans also depict removing two (2) existing windows along the front fac;ade and replacing them with sliding glass doors. A pertion of the home, built in 1912, is located within the 20 foot front yard setback required by the R-5R Residential District. The existing front fac;ade of the dwelling is located approximately 16 feet from the right-of-way. The proposed modification will not result in any additional encrpachment into the setback. . Recommendations: Staff concludes that the proposed modification is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming structure. The design of the proposed modifications blend with the existing structure, and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the condition below. When the dwelling is remodeled, the exterior improvements for the decking, screened-in porch, and exterior stairs shall be as substantially depicted on the elevations entitled, "Porch Addition Plans, 107-85th Street, Virginia Beach, VA," prepared by Cleghorn Design Services, dated March 30, 2009. I I NANCY SAUNDERS Page 2 of 2 . Attachments: Staff Review and Disclosure Statement Resolution Location Map and Summary Recommended Action: Approval Submitting Department/Agency: Planning Departmen~ City Manager:~ k · ~ " 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 I III I A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT 107 85th STREET WHEREAS, Nancy Saunders (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming structure by making additions to a single-family dwelling that is nonconforming as to the front yard setback on a lot or parcel of land having the address of 107 85th Street, in the R-5R Residential Zoning District; WHEREAS, the said structure is nonconforming, as the dwelling does not meet the setback requirements for the R-5R Residential Zoning District and was constructed prior to the adoption of the applicable regulation~; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE,' BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming structure is hereby authorized, upon the following conditions: 1. When the dwelling is remodeled, the exterior improvements for the decking, screened-in porch, and exterior stairs shall be as substantially depicted on the elevations entitled, "Porch Addition Plans, 107-85th Street, Virginia Beach, VA." prepared by Cleghorn Design Services, dated March 30, 2009. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day APPROVED AS TO CONTENT: CA11148 R-1 May 26,2009 APPROVED AS TO LEGAL SUFFICIENCY: I!". /1 )J / t/{)i~ /tl/11a~ City Attorney's Office II III II REQUEST: Chanqe to a Nonconforminq Structure ADDRESS I DESCRIPTION: 107 851h Street GPIN: 25105087170000 ELECTION DISTRICT: L YNNHAVEN ._~.~.I......,.,II+I June 9, 2009 City Council Meeting APPLICANT & PROPERTY OWNER: NANCY SAUNDERS STAFF PLANNER: Carolyn A.K. Smith SITE SIZE: AICUZ: Approximately 7,600 Less than 65 dB DNL square feet SUMMARY OF REQUEST The applicant requests to modify an existing legal nonconforming structure that encroaches into the front yard setback. The setback is nonconforming as it does not meet the current setback requirement for the R-5R Resort Residential District. The applicant desires to modify the structure by enclosing the existing ground floor porch with a screened porch and adding an exterior staircase for access from the 1 sl floor deck to the proposed 2nd floor deck. The building plans also depict removing two (2) existing windows along the front fac;ade and replacing them with sliding glass doors, A portion of the home, built in 1912, is located within the 20 foot front yard setback required by the R-5R Residential District. The existing front fac;ade of the dwelling is located approximately 16 feet from the right-of-way. The proposed modification will not result in any additional encroachment into the setback. The submitted site plan depicts a two (2) story, 1,200 square foot single-family dwelling with a small deck on the rear of the building, a small shed in the back yard, and a concrete parking pad parallel to 851h Street. NANCY SAUNDERS June 9, 2009 City Council Meeting Page 1 I I LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: . Single-family home I R-7,5 Residential District . 85th Street . Single-family home / R-7.5 Residential District . Single-family home / R-7.5 Residential District . Single-family home / R-7.5 Residential District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within a block of the Atlantic Ocean. There do not appear to be any significant environmental or culturally significant features on this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTP) I CAPITAL IMPROVEMENT PROGRAM ICIP): Atlantic Avenue is a four-lane undivided minor urban arterial. There are no current CIP projects in this segment of Atlantic Avenue or for 85th Street. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Atlantic Avenue 2,700 ADT' 14,800 ADT 1 (Level of Existing Land Use ;t ~ 10 Service "Cn) - 27,400 ADT ADT 1 (Level of Service Proposed Land Use 3 - 10 "E") ADT 1 Average Daily Trips Z as defined by single family dwelling 3 no chanQe as no additional dwellinQ proposed WATER & SEWER: This site is already connected to both City water and City sewer. Staff recommends approval of this request. EVALUATION AND RECOMMENDATION The home, built in 1912, is located within the 20 foot front yard setback required by the R-5R Residential District. The existing front fayade of the dwelling is located approximately 16 feet from the right-of-way. The proposed improvements, enclosing the ground floor porch with a screened porch and adding an NANCY SAUNDERS June 9, 2009 City Council Meeting Page 2 II III II .__I'"".~.1I1 , exterior staircase for access from the 1 5t floor deck to the proposed 2nd floor deck, are reasonable, and the proposed modifications will not result in any additional encroachment into the setback. Staff concludes that the proposed modification is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming structure. The design of the proposed modifications blend with the existing structure, and the residential use will remain the same, The request, therefore, is acceptable as submitted, subject to the condition below. CONDITIONS 1. When the dwelling is remodeled, the exterior improvements for the decking, screened-in porch, and exterior stairs shall be as substantially depicted on the elevations entitled, "Porch Addition Plans, 107- 85th Street, Virginia Beach, VA," prepared by Cleghorn Design Services, dated 3/30/09. 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. NANCY SAUNDERS June 9. 2009 City Council Meeting Page 3 AERIAL OF SITE LOCATION NANCY SAUNDERS June 9, 2009 City Council Meeting Page 4 II III II "I,-.,.......---oIl-..,I'.l'" , ei->" E1.EO lOX CAIIlE 0 CAN .' :\! 4 'Z t .. li! ON LINE 50' 8 i ! I:! 10 i& STEPS ... OECII '3.8' TWO 1.2< STORY FRAME . .. .107 /Z~~A~ EX/Sr/,.)(. ~t::JL) 2.,JD ,,~ - 280' TO ATLANTIC AVENUE 85TH (80') STREET ON.~ H\{!l!.!il~!'Hi?,,!,TVVe,.I:IlY.~~CC)NosTReen PROPOSED SITE PLAN NANCY SAUNDERS June 9, 2009 City Council Meeting Page 5 I I Q J G fJ ~ II "- ~ ~ , ~ ~ 0 ,J ~ \u .J V " ~ '\j ,I \J ; ~ ~ "'- '. '{ " \II .J ~ ~ ~ \J \J) '\.l C) ~ ~ ~ ~ " '-. \f) ~ PROPOSED BUILDING ELEVATION NANCY SAUNDERS June 9, 2009 City Council Meeting Page 6 II III 1'1 ,-- I I I L- i-- I 2X1S'-} :. ,~, dD)1 o\MEalCo\N DESIGN DIlAm o\5SOC1A 110N ~ ( " R/~I-/T ELEVAr'/C SCALEA:,I ~ 7 DATEoS /; (I ?O,e , 1t}"7- .s V~A. ~~4J zr CttI, '- E : ~ II ~ I <.. at- PROPOSED BUILDING ELEVATION NANCY SAUNDERS June 9, 2009 City Council Meeting Page 7 z o >> I( ~ U I i ~ ~ ~ ~ c:.I':::J ;::::> c;.:, Z ~ o ~ Z o U I Z o Z DISCLOSURE STATEMENT APPLICANT DISCLOSURE if the app!lcant \$ a corporatlor, fqTr1 b"slness un organization the foHowmg 1 list the appHcant name foHowed by the names of o fflC::ers members trustees cartners etc be~ow. Irst d iiecessary 2 Lst al! b.,slnesses that have <J parent-subS1dlari or aftdiatecl busmess with the applicant IAttacfl list If nfJl;eSSd'} i Cr\eck here if the app~icant IS NOr a other organization firm business or PROPERTY OWNER DISCLOSURE IfIIS section if proper1.y' CJY\iller is differen: !rum If the property owners a corporatiOn partnershipfrrn business or ortler Uf"l\llccrporated orgarh::alion the following 1 list IDe owner n"t'liS foLowed by the names of aU Of'i':HS rnembf:ifS trustees c'artners. etc, be~ow (Attach !ist if nece"Sdl Yi ;: List al~ Oll$ineSSes that have a parent-subs\diary or affikatl2d ousmesb entity With the applicant Jrst If {)fJCfJSS:il}' i Chec< here If the property own/:" is NOr a bUSiness or other u!'lll1corporated lam .._._---,------~~"~" ,- . _.,,--,-----~,,--~ ~~ ,. S~~ff fh1'fJ p.aqe tu<>tn,utes Does an OfflCIZ!, {X employeE' of the City of and? Yes No If 'Ie':'. what \5 th0 name of the offw.iBI nr Beach rave an "terest in the anq the nat their n;lpfAs ri ''oii'," NANCY SAUNDERS June 9,2009 City Council Meeting Page 9 II III 1'1 T ADDITIONAL DISCLOSURES List a I knO'Nn contractors or busmesses that have or Wid prow:Je services to the requested property use. inc~uding but not limited to the prov ders of arcf'1itectural services reaf estate services financial services accouning services and lega~ services' \Attach !1st If necessary) 'Parent-subsldiary relationship' means a relationship that exists when olle corporation directly or ,ndirectly owns shares possessiflg more than 5U percent of thE: power of another corporation" See State and L.ocal Government Conflict of InterestsA.ct Va Code.3 22-3101 Affiliated business entity relationship means 'a relationship other than parent- subsidiary !flat exists when II) one business entity has a controlling ownersl,ip interest m the other business entity. a controHing owner in one entity is also a controLing owner In the other entity or fiii) there IS shared managernent or control between the bUSiness entlttes. Factors that shOuld be considered m determining the existence ot an affiliated business entity relationship mclude that the same person or substantla!!y the sarne person own or manage the two entities there are common or commingled funds or assets: the busd,ess entities share the use of the same offices or employees or other-livlse share actiVities resources or personnel on a regular basis: or there is othef\vise a close working relationship between lto entities. See State and Local Government ConflIct of Interests Act Va. Coae S 2 2.3104 CERTIFICA TION: that the mformatlon contained herein IS true an;; accurate I Jnderstan:J that upon receipt of noldlcatiof' \lxlstcard) that tre application f\!'lS been scheduled for publiC 'lear n9 am responSible for oataming aM the reqUired SlfW ::r, the subject croperty at least :'0 C3:5 prior to the sGfloduled pubfc r:eanng to the instructions in this paCKage. T'ie underSI,lned also consents te bntry upon the SUbJ'2ct by employees n tl10 DepClrtment of Pn'lnnlng L: ohotograp!", amJ view the site for purposes processing and evaluating thiS apPiJ(:ation. than apphc.<.mtl " ~e AI:.Hh~~,,~hur P~:''>\i:-i:?^,.-l "? ------jl.l--I~-1 z o I I ~ U I I ~ ~ ea ~ CI".) ;;:::J t.:> Z I . ~ o J;.:t:..c Z o U I Z o Z NANCY SAUNDERS June 9, 2009 City Council Meeting Page 10 I I, E:~:; ;~::. r:: ,:~r\ " ,I '.' 1 2 3 11/18/97 12/16/85 12/16/85 Granted Granted Granted ZONING HISTORY TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 9 II III 1'1 j---. 111-1>1'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the EnlarQement of a NonconforminQ Structure on Property Located at 844 Dwyer Road. MEETING DATE: June 9, 2009 . Background: The applicant desires to make alterations to a one-story single-family dwelling built in 1945. As the structure was built in 1945 on agriculturally zoned land, the setbacks are nonconforming since they do not meet the current required setbacks for the AG-2 Agricultural District. . Considerations: The applicant proposes to add a covered front porch along a portion of the front of the home and a two-story addition to the rear. The alterations and addition are required to meet yard setbacks; however, in this case, the existing structure is already within the required setbacks. Meeting the setbacks is not possible. Since the setback is nonconforming, City Council approval is needed to allow construction to proceed. In March of 2009 the existing structure was cited by the Department of Housing and Neighborhood as unsafe or unfit for habitation and the use or occupancy was prohibited, The applicant, who is the new property owner, proposes the renovations as part of an ov~rall plan to bring the structure into compliance with the Building and Housing Codes. The alterations proposed are consistent in design with the traditional style homes in the neighborhood_ . Recommendations: Staff concludes that the proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming use. The design of the proposed addition and porch blends in with the existing structure, and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. The proposed addition shall be constructed substantially in accordance with the submitted site plan entitled "Exhibit Showing Proposed Addition Lot 5, #844 Dwyer Road as shown on Plat Combining Lots 1, 2, 3, 4 & 5 Belonging to Archie R. & Florence L. Fulford," dated February 15, 2009 and prepared by Michael Rheinhart Land Surveyor. Said plan has been I , TPK INVESTMENTS Page 2 of 2 exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted elevation plans entitled "Va. Beach House Diamond Custom Homes Sheet 1.1," dated January 26, 2009 and prepared by Boathouse Creek Graphics, Inc. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The applicant shall remove existing accessory structures located on the site per the Department of Housing and Neighborhood Preservation I Code Enforcement. Any future new accessory structures shall be reviewed by the Department of Planning I Zoning Office to insure setback requirements are met. . Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval Submitting Department/Agency: Planning Departmen"z/r City M.n.ge~ ~ .~ II 1I'1 1'1 I ~ -- t'l .1'1-' 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 STRUCTURE ON PROPERTY LOCATED AT 4 844 DWYER ROAD 5 6 WHEREAS, TPK Investments Corporation (hereinafter the "Applicant") has made 7 application to the City Council for authorization to enlarge a nonconforming structure by 8 making additions to a single-family dwelling that is nonconforming as to setbacks on a 9 lot or parcel of land having the address of 844 Dwyer Road, in the AG-2 Agricultural 10 Zoning District; 11 12 WHEREAS, the said structure is nonconforming, as the dwelling does not meet 13 the setback requirements for the AG-2 Agricultural Zoning District and was constructed 14 prior to the adoption of the applicable regulations; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming structure is unlawful in the absence of a resolution of 18 the City Council authorizing such action upon a finding that the proposed structure, as 19 enlarged, will be equally appropriate or more appropriate to the zoning district than is 20 the existing structure; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed structure, as enlarged, will 26 be equally appropriate to the district as is the existing structure. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming structure is hereby authorized, upon 32 the following conditi~ns: 33 34 1. The proposed addition shall be constructed substantially in accordance 35 with the submitted site plan Entitled "Exhibit Showing Proposed Addition 36 Lot 5, #844 Dwyer Road as shown on Plat Combining Lots 1, 2, 3, 4 & 5 37 belonging to Archie R. & Florence L. Fulford," dated February 15, 2009 38 and prepared by Michael Rheinhart Land Surveyor. Said plan has been 39 exhibited to the City of Virginia Beach City Council and is on file in the 40 Planning Department. 41 42 2. The proposed addition shall be constructed substantially in accordance 43 with the submitted elevation plans entitled "Va. Beach Housing Diamond 44 Custom Homes Sheet 1.1," dated January 26, 2009 and prepared by 45 Boathouse Creek Graphics, Inc. Said plans have been exhibited to the I ' 46 47 48 49 50 51 52 53 54 55 56 57 of City of Virginia Beach City Council and are on file in the Planning Department. 3. The applicant shall remove existing accessory structures located on the site per the Department of Housing and Neighborhood Preservation/Code Enforcement. Any future new accessory structures shall be reviewed by the Department of Planning/Zoning Office to insure setback requirements are met. Adopted by the Council of the City of Virginia Beach, Virginia, on the day ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA11147 R-1 May 26,2009 II III 1'1 .---+--- I'I-J"l'" June 9, 2009 City Council Meeting APPLICANT: TPK INVESTMENTS CORPORATION PROPERTY -OWNER: CLINT USONIS STAFF PLANNER: Karen Prochilo REQUEST: Alteration and Enlaraement to a Nonconformina Structure ADDRESS I DESCRIPTION: 844 Dwyer Road, GPIN: 24158422880000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 18,967 square feet AICUZ: 70 - 75 dB DNL surrounding Oceana SUMMARY OF REQUEST The applicant desires to make alterations to a one-story single- family dwelling built in 1945. As the structure was built in 1945 on Agriculturally zoned land, the setbacks are nonconforming since they do not meet the current required setbacks for the AG-2 Agricultural District. The applicant proposes to add a covered front porch along a portion of the front of the home and a two- story addition to the rear. The alterations and addition are required to meet yard setbacks; however, in this case, the existing structure is already within the required setbacks (see table below). Meeting the setbacks is not possible. Since the setback is nonconforming, City Council approval is needed to allow construction to proceed. In March of 2009 the existing structure was cited by the Department of Housing and Neighborhood as unsafe or unfit for habitation and the use or occupancy was prohibited. The applicant, who is the new property owner, proposes the renovations as part of an overall plan to bring the structure into compliance TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 1 I I with the Building and Housing Codes. The alterations proposed are consistent in design with the traditional style homes in the neighborhood. Current Requirement Current Building Minimum lot Area 1 acre 0.44 acre Minimum lot Width 150 feet 100.0 feet Front Yard Setback 50 feet 30.5 feet Side Yard Setback 20 feet 17,1 feet LAND USE AND ZONING INFORMATION EXISTING lAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwellings / AG-2 Agricultural District . Single-family dwellings / AG-2 Agricultural District . Across Dwyer Road, single-family dwellings / R-7.5 Residential District . Ocean Lakes Elementary School / R-7.5 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES City services are not impacted by the request. HOUSING AND NEIGHBORHOOD PRESERVATION CODE ENFORCEMENT: The property is currently placarded as unsafe due to the main structure being vacant and open to the public in the past. The main structure, numerous accessory structures, and the fencing are in disrepair. The site has been cited in the past for inoperable vehicles and accumulation of junk and debris. Most of the accessory structures need to be removed because of their current state of disrepair. This proposal would benefit the neighborhood and lower the chance for the constant necessity of Code Enforcement action on the property. EVALUATION AND RECOMMENDATION- Staff recommends approval of the request of an enlargement to the residential structure subject to the conditions below. TPK INVESTMENTS CORPORATION June 9,2009 City Council Meeting Page 2 II 11" "1 ~~...._---.~.I->, 1"_.1"'",' This residential structure was built in 1945, The setbacks for the existing structure are 30,5 feet from the front property line and 17.1 feet from a side property line, which do not meet our current requirements of the City Zoning Ordinance for structures in the AG-2 Agricultural District. This residential structure is therefore, nonconforming in regard to setbacks. The applicant desires to add a covered front porch and a two-story addition to the rear. Since the setbacks are nonconforming, City Council approval is necessary before the applicant can proceed with the proposal. Staff concludes that the proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming use. The design of the proposed addition and porch blends in with the existing structure, and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the conditions below. Staff recommends approval of this request. CONDITIONS 1. The proposed addition shall be constructed substantially in accordance with the submitted site plan entitled "Exhibit Showing Proposed Addition Lot 5, #844 Dwyer Road as shown on Plat Combining Lots 1, 2, 3, 4 & 5 Belonging to Archie R. & Florence L. Fulford", dated 02 - 15 - 09 and prepared by Michael Rheinhart Land Surveyor. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2, The proposed addition shall be constructed substantially in accordance with the submitted elevation plans entitled "Va. Beach House Diamond Custom Homes Sheet 1.1", dated 1/26/09 and prepared by Boathouse Creek Graphics, Inc. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The applicant shall remove existing accessory structures located on the site per the Department of Housing and Neighborhood Preservation / Code Enforcement. Any future new accessory structures shall be reviewed by the Department of Planning / Zoning Office to insure setback requirements are met. 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. TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 3 I I AERIAL OF SITE LOCATION TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 4 II Iii I III 4 --- Old Dom NecK R.oad -~ 'T" N42.25'E 29.96' 1\'58.3")" ~ 2"-. " ''<"--.... N58'~' 'i4'f:~ ". '- ~. ,,~ '"" \~051r:-' .'2.90 ~"~ "'" ~~ ~~8Z' (j~. ~~i").,'..i "- '" '... "'\. ''-, '\, :-..... -.,-..... ~, 'fr ~ "".',', .x-., "... t~r-' '!' . -NOT KNOWN AT ThiS ":"J.t".c..-,<, '" ". '<=I -"'" ",", I PARCEL 'A' IS SilL.. LEf.,sS;). " ' ". 'i. I ~'I ..... , '. .... '.' ' ...... '. I "I^' ......, ". '...... "" "'" """, '" "',. "'*.' _, " '- , " '" '. ".'Ii -"""-~'" " ~ " '- '. -.<11.. it )((,'- -. ~ ~- " ~', '"..." "...., '-, .~" .,\....,~:.:, -~~ . ~ ...... ". , ... ! - "-~ '..... '.... " "';. ~ /--6. Wood ------~ ".,J t/ Fence . " I 1 4' Chain uni:~-~--1t-!.' -'--",-.... Fence 0.3. on. ...,.....] -- 1 11 ~I , J ~R ~i. ~~ , P:g~~16~D {1~ f ~,~~ t ~ r~ ..-:- ~ L -:.x-_...L~ ! II I ! ! t t...;'US--L i S~cr.; FrOrTle j ..., #3-1-4 17.';' ... ~ .:H I I"'" 1 - I I ~l ' n I I,~\ I ill ! 11N __~""""" ",_~~_~~____-....--1,..",__,__~_ S4-2"25'W ;:;:;.86' 6 * ,0. /1; rl:~1 PROPOSED FRONT PORCH Dwyer Road (40') (Formerty State Highway No 694) PROPOSED SITE PLAN TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 5 I I, / PHOTOGRAPH OF EXISTING DWELLING TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 6 II 1III III I""'" j1-- i " ;.1 L <'! I Ii' ~-- I I....; 1[Jc::JD " ~~ ,!J::::::JD !~ Ii! :i oF' .'" i in : '" ! , n~llill; li~ lilj :f II ! I I ' it' i ;; I'i! i, df i JI ~2 lili fE' ,. I I:::, i I:'L' . " ~1 . " . ~=, Ii I: ;i XI' ~ 0, : i=J~ <(I. . liii i ill. ~I' - .... ~. xl Ii Ii 1...-, 1 ~""'..-r.l~~ ,.--.L ! ~"".'''';.loI'''''4-''' .' ' ..,,-.--.---------. [I.... IHl-r-t ~I' i ~1. i ~! i 111. lzl. ~!. i\ XI' ~ o : !( :! ~!. i Wi' t- Ii" ~!. il PROPOSED BUILDING ELEVATIONS TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 7 -_.~. "'l .~; , ~ -1 t ; ....- j0- t- . \ ' \\ l' ----r-t \ \ , \ L~ ~ ~~ ~ ii~ t ,., .. !\~ t ~t~ Z'."l ~. i I. $ Iti s 9\" 11-. ...., ~i. u:\ 11\ ;Z:I .l ~1I l !~ l" j \\ 1'\\ h ~l .n ~)'..'J~ ~l' 11-\ . 0': ~\" ~\ i i f l i . \ ~ . ! 1 PROPOSED FLOOR PLANS TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 8 II 1III III z o I I ~ U I . ~ ~ ~ ~ r:.I:) p t..::) Z I . ~ o J:;I;..c Z o U I Z o Z n--It' LOSURE STATEMENT APPLICANT DISCLOSURE If the app ":i:lnt is a C;)'T;()fatlc>r: partner"hlp tu" ness aU",,;;,! comr:I(;\t~ ttle 1 LIst HiE! munc fohowed (rHO: names 01 ad::iltl::crs memt)(;'s trustees partners. etc. be ow ,Atraci iI rf:i('()~'s.jr, ... "__'"_~_'" ......~~.~~__..._"."~w,........',':"......_'*"",.......,,,.........~.~.~._..,.._" ,") List all fil.;:','nesses that nave a elm: ateel bwS,11ti:SS entl/ re~atlcns~.Hr .tilth the Ana::/'! if st ir CheCK ,! H"I applicant IS NOT a L,~:H1nerSf~'C f'rn'\ DUSineS5 other ur\,nculpO'atBo PROPERTY OWNER DISCLOSURE t, 3(.;>(-:ti if )V/t}ftl" ;$ rilfft-;;r'erJ {rcd/} dj.:; diL f~rrn LUSif"ieSS ur uL let ji the ONI,er is ,3 c:;n::oratlOrl In,nGoroorated ofgarHzatu:;r1 compet€: tile List the prope tj v\hner ~,arne foilou<:o 0, Hle names ;:;'c111 OffiCe!S trustees partners t:h.., Ot)Oio:V :j3t d tu:"<.~{::tS~f:V'~ p'lernbet's ......1.-.-.-.-.-J..~"'~~,~~_"-'>.._.~,..~.,',",',:>.,,..,..,",............:.i--.-.__~_.-.w>_....,.m' " 1 List 3[, t:,d,.:;~nesse5 tnat t'k1VE: a suot,id,orv df1'lJiareJ b"smess ., It net;;,:,'),~d~\/l relations',iL ^ tle cant o l>pcK here ,I nle prOr:d"rty owner IS NOT a hff, ::':~l~in":tSS or Dttler unrn ";;JfpOf:lterj [Joes an ,ollie,;) or i"rnr1j€'e Of rpi': Ct, , t '} rqiOiO Be'lC'1 nave an in10rps! the ~dnr1 'Yes No if ~!PS Vi/hAt;q H10 narnp ,~:.'? thr Dr-hela! nr and the n;~t r r thPd' f'~~f'f(';t'''> --, TPK INVESTMENTS CORPORA nON June 9, 2009 City Council Meeting Page 10 ISCLOSURE STATEMENT ADDITIONAL DISCLOSURES lis: oil Known contraclors or e".Jslresses that nElve or \I.dl to trle requestec use tout not "rntf'(j tCI ser'/!ces, cea estate 5CIVlces financial services SE~rVu':e~' Attach !)st r~e;~essafY) cf 2J:j"htecturat 52 ",~R":~ :H"~(j ..,-,..,-",-,,".,~, ...;... Fj~,1rcnt Subs1(1li:.1fi re!atlon&-tll p' ~l1cahS (;\ rc(at~vnship that ,2",csts i't'h.en Gnt'J c:,rt;:)tatu:>n rJ:rectl)' or ndlrecH~? O~*ins shares P{)Sst:'~$Slnq rn-cw8 th,?ln uf !hF~ powe' :~ ~;jtl~er ,:~otpOratl.Qn SD~V State anJ LOCdi G0ViHfH1H:tfrt ". Code ,~, .L2.j 1,)'1 ,<,'Jlhit3ted b0snes5 t:ntlh r(~:{)b)t ship rn f~al),'~ a t" 0idtionsJ:lp ;tnf:H r ?lrenL Si.f{ISiC1-city reiah;'1nshlp that b:(lst~~> \vhen one bUS\rF~s.s enhly has :3 OV,;nE-f~,ntr 1r:d oH)~r inJs}nHSS> en!l1y a \3JI'TtrOitH1g owner H1 ~.Jne entt* afscl d :'onuoihng tF! ether enhty or p, i there ~s snai~J rnanat~t'n',(~nt or t:ontrOi Q-e!\lJ'een Hie DLSd1HSS entJtiff$ F ~:vt()rs that sh~1U~d i).(j ClJh s+jf)r(~d ~n d0tf'>nr ~fHng thl~ f'x f~h-:fl,k, ~:~~hj dt~.,d bus~n()ss e'n t;t\ rl,hatlon:sfhp net ,.JJe that the S&:Hnl': person Dr $ubstanL:1i~'~{ the Tarn'E- p~rRor uwn :r37";,8fj8 the h"ioentlfles rhere are COrY'lmon or ~::onH'r:n9\ed funds ass.(~r.~, rhc' bUi~!ne~15 l;nLHeb share the use or tt~e 5arne ::thces ){ EY11PjCyt::('>s or Oth0Ptli ;~~{; ~har~.j acu\ntius r-e$<):>,J:>j~< ;'J persrHH1cl ,,,on it ccgti~dr GeSki Of thtHB is 0therVilS€ d clu.st~ V,iC1hf1q rel:3fH)f1SfUp b.Pt"tJt~en j::.::~ St,tt) ,:;ra{{j nnd Lf>ral GovP(r.n !i2Ht <,:~onfhc1 ntpft~ sts ct a ""ode ~ 22 \ J1 CERTIFICATION: i Gb'td'i :na: 'nhJffnat,:w :::~~;.3meGf here~n >:; rn~f: a,n:,j 3C-GUra:te rft{~#:pt rd rF1thr',ah')(i i,p:;'l~t:~:)r;'J rnat 1t10,j~.d::('~~ (' ff::Sk~.'ns1b.e tOt abt~;rn~J arc pcstnq n"\{; r-eqvr:cc s::gn ~~",:.h"jo--i..Jf1C ;>.../(/i,,:: 'hi~~i,tr 4 ~'...[.. }rJ:nJ :.~ m:: ';j._A:..~~::';'t ;:YQptnh' Lj (J~'+<>~ ves rur O'J'~ ~H;:iC:S pr-.,;ce~s ;t"1q .~nd >lr,p:~.:''',?1! :'"H~ dttE e d jJf~: ~nT tnan P r: z o >> I ~ U >> << ....:1 ~ ~ ~ CI':J ;::J ~ Z I t ~ o I:.Z-c Z o U I Z o Z DISCLOSURE STATEMENT TPK INVESTMENTS CORPORATION June 9, 2009 City Council Meeting Page 11 II III - 49- Item V-J. 7. PUBLIC HEARING ITEM # 44116 (Continued) ORDINANCE UPON APPliCATION OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FORA CHANGE OFZONING DISTRICT CLASSIFICATION FROM B-2 TO I-I Z09981 I 1 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appUcation of Virginia Beach Development Authority for a Change of Zoning District Classification from B-2 Community Business District to I-I Light Industrial District on certain property located on the north side of Holland Road at the intersection with South Independence Boulevard. The proposed zoning classification change to I-I is for industrial land use. The CompreheTl8ive Plan recommends use of this parcel for a business park in accordance with other Plan policies, Said parcel contains 2.1109 acres, DISTRICT 3 - ROSE HALL. These Ordinances 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 Twentv-second of SeDtember. Nineteen Hundred and Ninetv-Eif!ht. Voting: 8-2 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M, Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr, Council Members Voting Nay: Reba S. McClanan and A, M "Don" Weeks Council Members Absent: Harold Heischober Councilman Heischober had DISCLOSED his intention to ABSTAIN, as he owns property immediately adjacent to the land subject to this proposed application. The City Attorney has advised that he is not able to participate in this transaction. However, he left at 7:30 P.M and was absent for the vote. September 22, 1998 II I MEMBERSTRUST CREDIT UNION Modification of Conditions Relevant Information: · Rose Hall District · The applicant, a credit union, seeks to modify the 1998 rezoning of the larger parcel for the purpose of developing a building containing the credit union offices; office space, and a small restaurant. · The Development Authority, which has control over use of this site, has reviewed the proposal and approved the submitted plans. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition. · Consent agenda. I, III CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEMBERS TRUST CREDIT UNION, Modification of Conditions attached to a Change of Zoning approved by the City Council on 9/22/98 (GPIN 14767884450004). ROSE HALL DISTRICT. MEETING DATE: June 9, 2009 . Background: On September 22, 1998, the City Council rezoned a 21.3-acre parcel from P-1 Preservation and B-2 Community Business Districts to 1-1 Light Industrial District. As part of the 1998 rezoning, a set of Conditions and Restrictions (hereinafter referred to as 'Restrictions') were recorded with the Circuit Court. As with proffers, several of the Restrictions of the 1998 rezoning require that the development 9f the site and buildings be consistent with the plans submitted with the rezoning and approved by the City Council. Moreover, allowable land uses on the property are also restricted. . Considerations: The applicant, members Trust Credit Union, proposes to develop the lot at the southern corner of the property, known as condominium unit 3B, for a two-story credit union and offices (14,250 square feet) and a building consisting of offices and a small restaurant (5,250 square feet). The 1998 Conditions and Restrictions did not include a bank with a drive-through or a restaurant in the list of uses permitted in the corporate park nor did the plan approved with the rezoning show the subject parcel being developed with anything other than parking. The uses proposed by the applicant are reasonable and compatible with the corporate park and the surrounding area, and furthermore, the uses are typical of those found in or near corporate parks, providing support services associated with office complexes. The architectural design and the list of exterior materials for the buildings are high-quality and compatible to the design approved for the corporate park. A high level of aesthetic quality is further guaranteed through review by both the Planning Department and the Virginia Beach Development Authority. In fact, the Development Authority, on March 17, 2009, approved the applicant's proposal to modify the Restrictions and develop the site as shown in this report. There was no opposition to this request. i I MEMBERS TRUST CREDIT UNION Page 2 of 2 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with 1 abstention to recommend approval to the City Council with the modified deed restrictions. . 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 City Manage~~ l. ~ Ii III #14 May 13, 2009 Public Hearing APPLICANT: MEMBERS TRUST CREDIT UNION PROPERTY OWNER: LAKE VIEW LAND, LLC AND MICHELS FAMILY, LLC STAFF PLANNER: Stephen J. White REQUEST: Modification of Conditions attached to a Change of Zoning approved by the City Council on 9/22/98 ADDRESS / DESCRIPTION: Property located on the north side of Holland Road at the intersection of S. Independence Boulevard. AICUZ: Less than 65 dB DNL GPIN: 14767884450004 ELECTION DISTRICT: ROSE HALL SITE SIZE: Total Site: 21.3 acres Subject Site: 1 .64 acres SUMMARY OF REQUEST On September 22, 1998, the City Council rezoned a 21.3-acre parcel from P-1 Preservation and B-2 Community Business Districts to 1-1 Light Industrial District. At the time of that rezoning, the parcel was owned by the Commonwealth of Virginia and managed by the Virginia Department of Transportation (VDOT). Subsequent to the rezoning, the parcel was transferred to the Virginia Beach Development Authority (VBDA), which then sold the parcel for development of a corporate park consistent with the plans submitted with the rezoning. The parcel was divided into five condominium sites, matching the potential for four to five buildings with a total of approximately 300,000 square feet, as shown on the 1998-99 plan provided on the next page. Only one building has been constructed thus far (for Coastal Technologies and shown as # 1 on the plan). As part of the 1998 rezoning, a set of CO'1ditions and Restrictions (hereinafter referred to as 'Restrictions') were recorded with the Circuit Court. For a number of reasons, the conditions agreed to at the time of the MEMBERS TRUST I LAKE VIEW LAND Agenda Iten1 14 Page 1 II I j I ,::.:,:., ~_. ~ '. , . ~.. 't:, "--7~..... ' "'~ ':')11:'; ./..~ .. i- . ":.~-: 1"' -0j :::1,#'}' ..,Wii:~ j!... ~. ~"-"'''''':-''''0 .. . 'fl"" ...~ --~it~f::~*""";~'''' ~ . ~f:~~;_.,.",<~~~ J'":': .le .\" e;;;~,. ;),,~~~-"T'" .'-'.:....: .~''''. ..Uft.,.. i.:' ' ~"~ ." ~ '-. ...\-.: ~..,.'~;' : .i- ,~ '.;~ ~ ..'~"~'~~' ..%..~, .-.fij ~"~:;<) '~, '''':'' ..: "'V : e'e .,.. . '" ..~ ~'-' ~ '!'~~ · "'~" . ':~f -' :~,-. SCHEMATIC 61TE PLAN - PHA6E ':\,~f, ~""" ;CX'l ,?' ~UILDINOO A AND ~ MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 2 I, III rezoning took this form rather than the more familiar proffered conditions recorded as part of a Conditional Zoning Agreement (CZA). The Restrictions, however, for the purposes of the development of this property, carry the same weight as proffers provided in a CZA. The complete set of Restrictions is provided on pages 11 to 15 of this report. As with proffers submitted with almost all CZAs, several of the Restrictions of the 1998 rezoning require that the development of the site and buildings be consistent with the plans submitted with the rezoning and approved by the City Council. Moreover, allowable land uses on the property are also restricted. The applicant, MembersTrust Credit Union, proposes to develop the lot at the southern corner of the property, known as condominium unit 3B, for a two-story credit union and offices (14,250 square feet) and a one-story building consisting of offices and a small restaurant (5,250 square feet). The proposed buildings were not shown on the 1998 plan and the allowable uses did not list financial institutions or eating and drinking establishments. The applicant, therefore, is requesting modification of the Restrictions. In particular, Sections 1, 2, 3, and 4 require modification as follows: SECTION 1 of the [1998] Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "Only the following uses permitted under the present 1-1 (Light Industrial) zoning classification for the City of Virginia Beach, Virginia shall be permitted on the Property ["Property" means the entire 21.3 acre site]: business, medical, financial, non-profit, professional and similar office buildings; eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; office, distribution, warehousing, and production studios and accessory uses. Additionally, the following uses shall be permitted on Unit 3-B [the subject site]: a full-service financial institution with drive-throughs and ATMs." SECTION 2 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "When the Property is developed, it shall be developed substantially as shown on the conceptual site plan entitled "INDEPENDENCE CORPORATE PARK, VIRGINIA BEACH, VIRGINIA," last revised February 27,2009, prepared by CMSS Architects, P.C. (the 'Site Plan'), which has been exhibited to the City Council for the City of Virginia Beach, Vir~inia (the 'City Council') and is on file with the Virginia Beach Department of Planning (the 'Planning Department'). It is recognized that with a development of this size, to be built in phases, there needs to be flexibility in the exact location of buildings, landscaping, and other features. It is not the intent of this provision to prohibit changes so long as, in the reasonable opinion of the Director of the Planning Department (the 'Planning Director'), the concept of the development is acceptable and the impact of the development on adjoining neighborhoods, streets, and other features is not adversely affected." SECTION 3 of the Conditions and Restrictions is hereby amended to add the following: "The buildings depicted on the preliminary site plan for Unit 3B shall have the general architectural design and appearance as depicted on the color rendering dated February 27,2009 (the 'Rendering'), which has been exhibited to City Council and is on file with the Planning Department." SECTION 4 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "The primary building materials used to construct all visible exterior surfaces of all buildings located on the Property shall be glass, granite, precast and poured in place concrete, brick, and quality architectural panels, with metal or slate type roofing (other than asphalt MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 3 , I shingles) permitted on any towers. Notwithstanding the preceding sentence, the use of architectural metal panels is subject to approval by the [Virginia Beach Development] Authority." LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site within the Lakeview Corporate Park. SURROUNDING LAND North: . USE AND ZONING: . South: . . East: . West: . . . . NATURAL RESOURCE AND CULTURAL FEATURES: Office and Warehouse Building /1-1 Light Industrial District Lake Trashmore Holland Road and S. Independence Boulevard Convenience Store with Fuel Pumps (Wawa) / Conditional B-2 Community Business District Auto Sales and Repair (Nissan) / B-2 Community Business District Undeveloped site (part of Lakeview Corporate Park) S. Independence Boulevard Restaurant (Texas Steakhouse) / PD-H1 Planned Development District Office Building / 0-1 Office District The majority of the site is treed. There are no known significant cultural and natural resources located on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road in this area is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility within a right-of-way of 155 feet. A Capital Improvement Program (CIP) project is identified for Holland Road in the vicinity of this site. Holland Road (CIP 2-012) is for the construction of a six-lane divided highway within a right-of-way of 165 feet from South Independence Boulevard to S. Plaza Trail, including full improvements along Holland Road at the S. Independence Blvd and S. Plaza Trail intersections. At this point, the CIP is on the "Requested But Not Funded" Project Listing. S. Independence Boulevard in this area is considered a four-lane divided major urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a right-of-way ot 120 feet. A Capital Improvement Program project is identified for S. Independence Boulevard in the vicinity of this site. South Independence Boulevard (CIP 2-056) is for the construction of a six-lane divided highway within a right-ot-way of 165 feet from Holland Road to S. Plaza Trail, including full improvements along S. Independence Boulevard at the Holland Road and S. Plaza Trail intersections. At this point, the CIP is on the "Requested But Not Funded" Project Listing. Additionally, a transportation study has been completed under the Pembroke Area Comprehensive Transportation Plan (CIP 2-238) for the Central Business District surrounding Town Center. The study has developed short-term, mid-term, and long-term alternatives for transportation needs in the area. As part of the MEMBERS TRUST I LAKE VIEW LAND Agenda Item 14 Page 4 II III long-term improvements, one of the alternative scenarios involves a roadway crossing of 1-264 on the east side of Independence Boulevard. This road crossing begins at the Holland Road and S. Independence Boulevard intersection, passes through the Lakeview Corporate Park adjacent to the subject parcel, crosses 1- 264, and connects with Bonney Road. This site, therefore, could potentially be impacted by this project at some point in the future. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Holland Road 14,800 ADT' (Level of Existing Land Use:.! - 328 42,126 ADT 1 Service "C") - 27,400 ADT ADT 1 (L-evel of Service Proposed Land Use 3 - "E") 2,030 ADT S. Independence 82 Vehicles Morning Peak Boulevard [north of 69,828 ADT 1 17,300 ADT 1 (Level of Hour site] Service "C") - 31,700 327 PM Peak Hour S. Independence ADT 1 (Level of Service Vehicles Boulevard [south of 37,323 ADT 1 liE") site] Average Daily Trips 2 as defined by 1.64 acres of typical business park development 3 as defined bv credit union with drive-throuqh, office, and 3,000 square feet of restaurant Note: The Trip Generation volumes contained within this report assume that the proposed commercial office center is isolated. Please note, however, that the center is actually part of an existing business park where land uses such as these are already analyzed within the business park land use. This translates into fewer vehicles on the surrounding roadways because many of the end users do not need to leave the parcel in order to travel to this center. The Trip Generation volumes, therefore, should be considered conservative and do not account for internal capture. WATER: This site must connect to City water. There is a 16-inch City water line in S. Independence Boulevard. SEWER: This site must connect to City sanitary sewer. There is a 12- inch City sanitary sewer in S. Independence Boulevard. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. Comprehensive Plan: This site is located in a Primary Residential Area. The Comprehensive Plan Policy document reinforces the suburban characteristics of commercial centers and other non-residential areas for this area. The Plan stated that: "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 5 I , provided effective measures are taken to ensure compatibility and non-proliferation of such activities," (page 91 ). Evaluation: The applicant is requesting a modification of the Conditions and Restrictions that accompanied the 1998 Change of Zoning this property for the purpose of developing one of the parcels of the Lakeview Corporate Park for a financial institution, offices, and a restaurant. The 1998 Conditions and Restrictions did not include a bank with a drive-through or a restaurant in the list of uses permitted in the corporate park nor did the plan approved with the rezoning show the subject parcel being developed with anything other than parking. Staff finds that the uses proposed by the applicant are reasonable and compatible with the corporate park and the surrounding area, and furthermore, the uses are typical of those found in or near corporate parks, providing support services associated with office complexes. The architectural design and the list of exterior materials for the buildings are high-quality and compatible to the design approved for the corporate park. A high level of aesthetic quality is further guaranteed through review by both the Planning Department and the Virginia Beach Development Authority. In fact, the Development Authority, on March 17, 2009, approved the applicant's proposal to modify the Restrictions and develop the site as shown in this report. Staff, therefore, concludes that the modifications to the Conditions and Restrictions are acceptable. 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. MEMBERS TRUST I LAKE VIEW LAND Agenda Item 14 Page 6 II III AERIAL OF SITE LOCATION MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 7 i I I ;~.. ;/ I I I I I I n I~ ~i ~- 9 dSL "- co N ~ ~ 8. ~~ a" . a~ @~ >- ~ -Iii u.. ~~ c91[Ql <~;;I[ c~-' ~ --= c '" i!.. ~ .. - _.-...~ ........ .. .. ~ "0--. _" _ " '" .. <.. "., ".. ... I;~ ".. aU. Ut- e PROPOSED SITE PLAN MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 8 II III , <~";, . ;'..... ,':' '," '< ~::'~~~:'lJ1:'fJ~' "" <'" '0 X "it~ $h" 4... PROPOSED BUILDING ELEVATIONS MEMBERS TRUST I LAKE VIEW LAND Agenda Item 14 Page 9 , I 1'" I ~-=1iW""W,_' I'K' <',", ~~ =, - ,,~~O,'~ ,'<'i<1YMMS?W2;t'/ N;.\.~"4lltFi? << OJ ,," rf:mt,~'Mtm~~l'm <' ",," ...,*", '%}!; ~T_<f~";~I":""(' " 'r"x:;~~,*,~ nb =" : :J~~ ~: ", ;:W" "" q, ~ ""'"'" It: PROPOSED BUILDING ELEVATIONS MEMBERS TRUST I LAKE VIEW LAND Agenda Item 14 Page 1 0 II III 1998 CONDITIONS AND RESTRICTIONS 8K 4 0 23 PG 0 , 86 This conveyance is made subject to the covenants, conditions, restrictions and easements of record. insofar as they may lawfully affect the Property. Additionally, this conveyance is made expressly subject to the following conditions and restrictions (the "Conditions and Restrictions"): t. The Property shall only be used for office, distribution, warelmusir.g, imd production studios and accessory uses. 2. When the Property is developed, it shaH be developed substantially as shown on the conceptual site plan entitled, "lNDEPENDENCE CORPORATE PARK. VIRGINIA BEACH, VffiGINIA", last revised 08/25/98. iI,,;;>arcd by CMSS Architects, p, C, (the "Site Plan"). which has been exhibited to the City Council of the City of Virginia Beach (''City Council") and is on file with the Virginia Beach Depanment of Planning ("Planning Department"). It is recogni..ed that with a development of this size, to be built in phases. there will likely be some minor deviation in the exact locution ofbuildings, landscaping and other features. It is not the intent of this provision to prohibit these nunor changes so long ali. in the opinion of the Director of the Plunl:ing Department (the" Planning Director"), the concept of the development is substantially adhered to and the impac\ of the development on adjoining neighborhood., streets and other features is not adversely affected. 3. The buildings depicted on the Site Plan shull have the architectural design and appearance as depicted on the colored rcndering prepared by CMSS Architects, p,c. (the "Rendering"), which has been exhibited to City Council and is on file 4 I I MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 11 , I BK 40 23 PG 0 \ 8 7 with the Planning Depllrtrnenl. It is fl'Cognized that with ,a dcvclopmcm of this size, to be built in phases, minor changes may be necessary as the planning srage progresses. It is not the intent ofthis provision to prohibillhese minor changes so long as, in the opinion of the Planning Director. the appearance and quality of the development is not adversely affected. 4. The primary building matelials used to construcl all visible exterior surface!> of all buildings located on the Property shall be glass. gnmitc, precast and poured in place concrete, brick and quality architectural metal panels. The use of architectural metal punels is subject to approval by the Authority. 5. All development of and improvements loealcd on the Property shall comply Iviln the design criteria entillcd. "Independence Corporate Park:, Design Criteria. a Development by the City of Virginia Beach Development Authority", prepared by CMSS Architects, P.C., dated August 11. J998. which has been exhibited to City Council and is on file with the Plunning Department (the "Design Criteria") which adr"!sses landscaping, signllge, lighting, purking, screening of loading areas, screening and location of mechanical equipment. and other detuils of development including the procedure for submission 10 and review and approval by Ihe Authority of development of the Property. .6. Three (3) complete sets of the final site plan.landsclIP'= pian. building plans, sign plans and architectural elevations (collectively, the "Plans") including material and color samples shall be submitted to the Authorily for review and upproval 5 1998 RESTRICTIONS AND CONDITIONS MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Pag~ 12 I II III I BK 4023 PG 0 I 8 8 prior to submission to the Planning Departmenl for administrative site plan approval by the City of Virginia Beach. 7, As shown on the Site Plan, a fifty foot (50') setback shall be maintained from thc top of bank around Lake Trashmore lind the creek. Only landscaping. and a jogging/walking trail (the '"Trail") shall be pcrmiued within the setback located around Lake Trashmorc. Only landscaping, existing vegetation and the Trail shall be penniued within the setback along the creek. 8. The Trail shall be (i) capable of use by the City of Virginia Beach for access in connection with maintenance of Lake Trashmore and its banks; (iD acceptable in width, material and location to the Department of Parks and Recreation of the City of Virginia Beach; and (iii) shall be completed in a manner consistent in width and material as the then existing trail and available for public use nOllater than the first to occur of (n) three (J) years from the date of recordation of the Conditions and Restrictions or (b) the issuance of a certificate of occupancy for any building located on the Property. At such time as the City of Virginia Beach constructs an asphalt trail around Lake Tr.lshmore and/or Mount Trashmore connecting to the Trail, the Grantee will reconstruct the Trail with asphalt. In no event will the Grantee be I! quired to conS1Illctlhe asphalt Trail wider than ten (10) feet. 9. Existing trees shall be preserved within the northeastern portion of the Property labeled. ''Tree Preservation Area", as shown on the Site PJWl. 6 I 1998 RESTRICTIONS AND CONDITIONS MEMBERS TRUST I LAKE VIEW LAND Agenda Item 14 Page 13 II , BK If 0 2 3 PG 0 I 8 9 10. Prior to final site plan approval by the Planning Department., a stormw3lcr management plan outlining best management pl1lctices shall be submitlcd for approval by the Planning Director. Measures shall be taker: to minimize tht: impact of stormwater runoff on the water quality of lake Trashmore. J 1. No changes shall be permitted to the tenns of any of the Conditions and Restrictions without approval by the Authority, review by the Virginia Beach Planning Commission (the "Planning Commission") and appr.m.aJ by City Council. Review by the Planning Commission and City Council shall :nclude public notification and public hearings in keeping with Section 10; orthe Zoning Ordinance of the City of Virginia Beach. 12. The failure by an owner of any portion of the Propcrty to meet all of the Conditions and Restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits or certificates a<; milY be appropriate for improvements on that ponion of the Propeny owned by such olwner. 13. The Conditions and Restrictions shall run with the title to the Property and be binding upon the Grantee and the Grantee I s successors in title and shall benefit llnd be enforceable by the Authority a!1dJor the City of Virginia Beach. The Zoning Arlministrator of the City of Virginia Beach (Ihe "Zoning Administrator") shall be vested with all necessary authority, on behalf of the Authorily and City Council, to administer and enforce the Conditions and Restrictions, includi"8 the authority (a) to order, in writing, that any noncompliance with the CO:lditions ar.d Restrictions be remedied, and (b) 10 bring legal action orsuit (0 insure compliance 7 1998 RESTRICTIONS AND CONDITIONS MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 14 II BK Ii 0 2 3 Pli U I ~ u with the Conditions and Restrictions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. 14. If aggrieved by any decision or tile Planning Director or the Zoning Administrator made pursuant to the provisions of the Conditions and Restrictions, the owner of all or any portion of the Property affected by such decision shall petition City Council for the review thereof prior to instituting proceedings in court. " 1998 RESTRICTIONS AND CONDITIONS MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 15 II I 1 02/10/1998 2 . 08/25/1998 08/25/1998 3 09/22/1998 4 12/18/2001 5 09/09/2003 6 10/12/2004 7 02/22/2005 8 05/08/2007 Members Trust Credit Union L~k(' hil.,hrmln.' Modi{ication of Condilions Granted Granted Granted Granted Granted Granted Granted Granted Granted ZONING HISTORY MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 16 \:') DISCLOSURE STATEMENT :-) Revised 11/16/2006 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc, below: (Attach list if necessary) membersTrust Credit Union, a state-chartered, federally-insured credit union President/CEO - Michael J, Guida (Board of Directors list attached) 2. List all businesses that have a parent-subsidiary1 or affiliated business entitt relationship with the applicant: (Attach list if necessary) None 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this sectioR only if properly owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Lake View Land. L.L.C. (list of members and manaaers attached) 2. List all businesses that have a parent-subsidiaryl or affiliated business entitt relationship with the applicant: (Attach list if necessary) None o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. . 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No .1L- If yes, what is the name of the official or employee and the nature of their interest? Conditional Rezoning Application Page {PAGE 1911 of 12 Revised 3/11108 I' III z o ......-c ~ u : , t:2-t ~ c;.:, Z I I Z o N ~ ~ o ......-c f--4 I I ~ ~ u MEMBERS TRUST I LAKE VIEW LAND Agenda Item 14 Page 17 II z o I I ~ U I I ~ =-- ~ c;.:, Z I I Z o N ga ~ o ....... E--t I I Q Z o u RECEI'f)D MAR 0 6 2009 o Revised 71312007 PLANNING DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate s~rvices, financial services, accounting services, and legal se~ices: (Attach list if necessary) 1. The Applicant is in the due diliaence phase under its contract 2. Applicant has contracted with MSA. P.C. for an environmental analysis/Phase I. 3. Applicant has contracted with MSA. P.C. to prepare the survey that is attached to the application. 4. Applicant has an exclusive real estate brokeraae relationship with Troy Parker of Thalhimer/Cushman & Wakefield. 5. Preliminary site plan prepared by Martin Enaineerina. 6. Decisions with respect to other contractors or businesses have not been made. 1 .Parent-subsidiary relationship. means .a relationship that axists when one corporation direclly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See Slate and Local Government Conniet of Interests Aet, 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 controUlng owner in the other entity, or (iii) there is shared management or control betwean the business entities. Factors that should be considered in detennining 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 regu1ar basis; or there is otherwise a close working relationship between the entities." See Slate and Local Government Cannlel of Interesls 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 vi e site for purposes of processing and evaluatillg this application. Michael J. Guida Print Name - President/CEO Anthony P. Nero Print Name - Manager DRAFT Co nditional Rezoning Application Page 120112 MEMBERS TRUST / LAKE VIEW LAND Agenda Item 14 Page 18 Members: Daniel A. Hoffler A. Russell Kirk Anthony P. Nero Louis S. Haddad Rickard E. Burnell John C. Davis Alan R Hunt Eric E. Apperson Michael P. O'Hara 1451341\1 I, III ,') ;) membersTrust Credit Union Board of Directors John Eason, Chairman Belinda Whittaker, 1st Vice Chainnan Robert Propster, Treasurer Janet Culbertson, Secretary Eugene Johnson, Director Members & Mana2ers of Lake View Land. L.L.C. Managers: Daniel A. Hoffler A. Russell Kirk Anthony P. Nero Louis S. Haddad MEMBERS TRUST I LAKE VIEW LAND Agenda Item 14 Page 19 , I VIRGINIA BEACH March 18, 2009 Virginia Beach Development Authority 222 Central PlIrk.Avenue, Suite 1000 Vttginia Beach, VA 23462 (757) 385-6464 FAX (157) 499-9894 W~b.tit"' www.vhgov.com Mr. Jack Whitney, Director Planning Department 2405 Courthouse Drive Municipal Center, Bldg. 2 Virginia Beach, VA 23456 Re: VBDA Review of Request by membersTrust Credit Union to Modify Existing Deed Restrictions, Lakeview Corporate Park Dear Jack: The Virginia Beach Development Authority (VBDA) , at its monthly meeting on March 17, 2009, considered a request by E. Andrew Keeney, Kaufman & Canoles, on behalf of his client, membersTrust Credit Union, to amend the recorded conditions and restrictions for a portion of Lakeview Corporate Park. His client is presently under contract to purchase 1.64 acres (Unit 3B) of Lakeview Corporate Park. The property is located at the southeast comer of the intersection of Holland Road, South Independence Boulevard and Studio Drive. The VBDA, by a vote of 8 - 0, unanimously approved Mr. Keeney's request to expand the allowed uses of the property. As a result of this approval, the VBDA expanded the uses allowed in the Park to include a full-service financial institution with drive-throughs and ATMs; business, medical, financial, non-profit, professional and similar office buildings; eating and drinking establishments (drive-throughs will not be allowed); printing, lithographic, andlor publishing establishments. The VBDA also modified the existing development envelope by re-aligning building and parking areas. . If you have any questions or concerns, please contact me. Sincerely, ~ Warren D. Harris Director, Economic Development lajr cc: E. Andrew Keeney Alex Stiles V'Stephen White Mark Wawner Tony Russo MEMBERS TRUST / LAKE VIEW LAND Agenda Itell} 14 Page 20 II III Item #22 Endeavor Enterprises, L.L.C. Page 28 of retail on this ifhe did this all office. I think he has tried to cut it back. And it looks like. We saw a number of different iterations of this site, and it looks there has been a lot of attempt to reduce the intensity. I think the intensity is reasonable personally. I'm going to support it. Janice Anderson: Go ahead Don. Donald Horsley: Okay. There are two or three things that I want to mention. One is the intensity thing. I appreciate staff s comment about the intensity but you know, I agree with the folks that have spoken and said they can kind of go along with the intensity, and I think I can too. The thing that I disagree with, and whoever came up with the figure of3,OOO extra cars, I don't think we're gQmg to see 3,000 extra cars on Holland Road because of this. A lot of the people that are going to patrOJl,f.zing these businesses are going to be regular traffic that goes down Holland Road anyway. And it may provide some of their trips shorter if it the use is there they can get without having to drive further, and they will cut in there and live in that area, I think they will support that. So, I don't see the extra 3,000. I'm not a Trafficologist or whatever the new terminology I heard on the TV about some of these people ought to become traffic experts. But, I just don't see that happening. I kind of feel like the improvements that the applicant is going to make to Holland Road I consider it low intensity for this site. I think the neighborhood in the long run is what Joe or somebody said, I think in the long run they won't realize the fear they have now. So, I plan to support the application also. Janice Anderson: Thank you. Go ahead Dave. David Redmond: I move approval of the application. Janice Anderson: A motion by Dave Redmond. We have a second by Phil Russo. AYES NAYl ABSO ANDERSON AYE BERNAS NAY CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS LIVAS AYE REDMIOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 8-1, the application of Endeavor Enterprises, L.L.C. had been approved. Janice Anderson: Thank you all for coming down. We're going to conclude the meeting. Thank you. II , Item #23 Manny Varela, Centres BFS Northeast, L.L.C. Conditional Use Permit 1531 General Booth Boulevard District 6 Beach May 13,2009 CONSENT Joseph Strange: The next matter is item 23. An application of Manny Varela, Centres BFS Northeast, L.L.C., for a Conditional Use Permit for automobile repair on property located at 1531 General Booth Boulevard, District 6, Beach, with ten conditions. Hunter Hyde: Good afternoon Madame Chair and members of the Commission. My name I Hunter Hyde, and I'm with Wolverton & Associates, me, the agel}t here on behalf of the applicant Centres BFS Northeast. We agree with all the conditions. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Jay Bernas to review this item. Jay Bernas: Thank you. This is an application for a Conditional Use Permit to allow the development of this site for a 7,575 square foot automobile repair establishment. This application was previously heard on April 8, 2009 by the Planning Commission but the application was deferred to allow the applicant and the adjacent property owner to work out some site plan issues. The staff concludes that the proposal submitted by the applicant meets the intent of the General Booth Boulevard corridor standards, and therefore the Planning Commission has placed this on the consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chair, I have a motion to approve item 23. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. Janice Anderson: Ms. Katsias. Kathy Katsias: I have to abstain from item 23 because my company represents the applicant. Janice Anderson: Okay. AYE 9 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 1 ABSENT 1 ABSENT ABS II III Item #23 Manny Varela, Centres BFS Northeast, L.L.c. Page 2 Ed Weeden: Bya vote of 9-0, with the abstention so noted, the Board has approved item 23 for consent. Janice Anderson: Thank you. Thank you all for coming down who had a matter on the consent agenda. Congratulations. We appreciate you being with us this afternoon. Thank you very much. I , CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7401 FROM: DA TE: May 27, 2009 Mark D. Stile:~ DEPT: City AttornE~y B. Kay Wilson DEPT: City Attorney TO: RE: Amendment to Recorded Conditions and Restrictions The above-referenced amendment is scheduled to be heard by the City Council on June 9, 2009. I have reviewed the subject agreement, dated April 21, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen 'I II III I Prepared By and After Recording, return to: Kaufman & Canoles P,O. Box 3037 Norfolk, VA 23514-3037 AMENDMENT TO RECORDED CONDITIONS AND RESTRICTIONS THIS AMENDMENT TO RECORDED CONDITIONS AND RESTRICTIONS (this "Amendment") is made as of the 21st day of April, 2009, by and between LAKE VIEW LAND. L.L.c., a Virginia limited liability company (the "Seller); MEMBERSTRUST CREDIT UNION, a Virginia corporation (the "Purchaser"); CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"); LAKEVIEW CORPORA TE PARK CONDOMINIUM ASSOCIATION (the "Association"); and MICHELS FAMILY LLC, a Virginia limited liability company (the "Declarant-Owner"). Each of the parties to this Amendment shall be indexed as both "Grantor" and "Grantee". RECITALS A. The Seller and Declarant-Owner are the sole owners of the land condominium units and common elements comprising Lakeview Corporate Park Land Condominium (the "Condominium"), located in Virginia Beach, Virginia, and identified in Exhibit A attached hereto and incorporated herein by this reference (collectively, the "Property"). Association is the owners association created to operate, manage and oversee the Condominium. Purchaser is the contract purchaser of the land condominium unit known as "Unit 3B", which unit comprises a part of the Condominium and is currently owned by Seller. GPIN No.: 1476-78-8445-0000 1476-78-8445-0001 (Unit 1) 1476-78-8445-0002 (Unit 2A) 1476-78-8445-0003 (Unit 2B) 1476-78-8445-0004 (Unit 3B) 1476-78-8445-0005 (Unit 3A) I , B. The Property is subject to conditions and restrictions (the "Conditions and Restrictions") set forth in that certain Deed by and between Authority, as grantor, and Declarant- Owner, as grantee, and recorded among the land records of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), in Deed Book 4023, at page 183 (the "Deed"). C. The Conditions and Restrictions limit the Purchaser's intended use and development of Unit 3B , and Purchaser, in order to proceed with its acquisition of Unit 3B, requires that the Conditions and Restrictions be amended to permit its intended use and development, and the parties, all of whom are either burdened by or benefit from the Conditions and Restrictions, and all of whom will benefit from the Purchaser's proposed amendments, have agreed to enter into and record an amendment to the Conditions and Restrictions, as set forth herein. D. The amendment of the Conditions and Restrictions, as set forth herein, were reviewed and approved by (i) Authority at its meetings held on March 17, 2009, and April 21, 2009, (ii) the City of Virginia Beach Planning Commission at its meeting held on , 2009, and (Hi) the City Council for the City of Virginia Beach at its meeting held on ,2009, as required by the terms of the Conditions and Restrictions. NOW, THEREFORE, for and in consideration ofTen and 00/00 Dollars ($10.00), cash in hand paid, the foregoing premises, the mutual covenants and conditions ht:rein set forth and other good and valuable consideration, the receipt and sufficiency of which is htlreby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. The recitals set forth above are incorporated herein by this reference. 2. All capitalized terms used herein and not otherwise defined shall have the 2 'I II III I meanings set forth in the Conditions and Restrictions. 3. The Conditions and Restrictions are hereby amended as follows: A. The term "Property" as used in the Conditions and Restrictions shall mean the real property described in Exhibit A attached to this Amendment. B. Section 1 of the Conditions and Restrictions is hereby deleted In its entirety and replaced as follows: "Only the following uses permitted under the present I-I (Light Industrial) zoning classification for the City of Virginia Beach, Virginia shall be permitted on the Property: business, medical, financial, non- profit, professional and similar office buildings; eating and drinking establishments (without drive-through windows); printing, lithographic or publishing establishments; office, distribution, warehousing, and production studios and accessory uses. Additionally, the following uses shall be permitted on Unit 3-B: a full-service financial institution with drive-throughs and ATMs." C. Section 2 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "When the Property is developed, it shall be developed substantially as shown on the conceptual site plan entitled, "INDEPENDENCE CORPORATE PARK, VIRGINIA BEACH, VIRGINIA", last revised February 27, 2009, prepared by CMSS Architects, P.C. (the 'Site Plan'), which has been exhibited to the City Council for the City of Virginia Beach, Virginia (the 'City Council') and is on file with the Virginia Beach Department of Planning (the 'Planning Department'). It is recognized that with a development of this size, to be built in phases, there needs to be flexibility in the exact location of buildings, landscaping and other features. It is not the intent of 3 I , this provision to prohibit changes so long as, in the reasonable opinion of the Director of the Planning Department (the 'Planning Director'), the concept of the development is acceptable and the impact of the development on adjoining neighborhoods, streets and other features is not adversely affected." D. Section 3 of the Conditions and Restrictions is hereby amended to add the following: "The buildings depicted on the preliminary site plan for Unit 3B shall have the general architectural design and appearance as depicted on the color rendering dated February 27,2009 (the 'Rendering'), which has been exhibited to City Council and is on file with the Planning Department.'" E. Section 4 of the Conditions and Restrictions is hereby deleted in its entirety and replaced as follows: "The primary building materials used to construct all visible exterior surfaces of all buildings located on the Property shall be glass, granite, precast and poured in place concrete, brick and quality architectural metal panels, with metal or slate type roofing (other than asphalt shingles) permitted on any towers. Notwithstanding the preceding sentence, the use of architectural metal panels is subject to approval by the Authority." 4. Sections A, B, C, D and E of the Conditions and Restrictions set forth on pages 8 through 14 of the Deed are hereby deleted. 5. Each of the parties to this Amendment represents and warrants that it has fill power and authority to execute and deliver this Amendment and that any necessary consents or approvals in connection therewith have been obtained. 4 6. This Amendment may be executed in one or more counterparts and all such executed counterparts shall contain one agreement, binding on all the parties hereto, notwithstanding that all the parties are not signatories to the original or the same counterpart. 7. This Amendment shall be recorded in the Clerk's Office within sixty (60) days after the date set forth above in Recital D for the City Council meeting at which the foregoing amendments of the Conditions and Restrictions were approved and shall be effective upon its recordation in the Clerk's Office. [The remainder of this page left blank intentionally.] 5 I I WITNESS the following signatures and seals: LAKE VIE)1\LA ... D, L.L.C., a ViPginia lim.ii i e~la ility company ( . \'" i B ~ . \ y.'--.. ~i - Name: ~thony P. Nero Title: Manager [SEAL] COMMONWEALTH OF VIRGINIA AT LARGE .-R The foreg i j strument was acknowledged before me in Virginia Beach, Virginia, this ~ day of ,2009, by Anthony P. Nero, as the Manager of Lake View Land, L.L.C., a Virginia limited liability compan , on its behalf. He ~ . s personally known to me or D has produced as ident' 1 ti . ~\\"\""111"", ~",\\ x\ ROSs II",,, #' ~~ ........... v~'% /.--00..... NOTARY ......~ Notary Public ~ 8/ SEAL .....~ \ i~: REG. # 221082 : !lei [AFFIX: ~ 'l(COMM,EXP./~i ~ ...110/31/2012.... 1:!i i ..~.. .....t<<",;:; ...." ........ :(.....,;:; """" A L -n-\ 0 """.. ""."a~ ~~u,'\" My commission expires: ~ f~ Jf1:2 Registration No. c9~ltH"~ [Signatures and notary attestations continue on page immediately following. The remainder of this page left blank intentionally.] 6 I, COMMONWEALTH OF VIRGINIA AT LARGE The foregoing instrument was acknowledged before me in /IIttleF,LIL , Virginia, this I 7 I-^- day of PrP'" ( , 2009, by M'~GL- .:T. (;ILIC(.), as the pea. 'D"^,, I tIE-II of membersTrust Credit Union, a Virginia corporation, on its behalf. He/She IXI is personally known to me or 0 has produced as identification. My commission expires: 3/ ~ I J J /) Registration No. ~ U J-11l {Signatures and notary attestations continue on page immediately followi this page left blank intentionally.] 7 THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia ~~ Secretary/ . ./ efa~, Approved ~~ SUffkieJy" ./~ '-. - -.--'--'-:/'. ;::/;::/~~. /. . ......~ /' ,(...-' ,1- City Attorney By: -....... )c.l~~/ [SEAL] Name: '3)0 c\ ~ ~~ '-..CA Title: ChairmanlVie(, Chairmtttt-- ~ COMMONWEALTH OF VIRGINIA AT LARGE The foregoing instrument was acknowledged before me in '~'\I;"" C1.Lh, Virginia, this 2\1J:! day of \\~,,\ , 2009, by~\A"'-\, \.., as the ~,,(" of t e City of Virginia Beach Development Authority, political subdivision of the Commonwealth of Virginia. HeLShe ~ersonal1y known to me or 0 has produced as identification. ..',....."" ~ - ,...<.... j _ \_ , .., \..EA S IIII " ~Ar~'" ~A ~~.:-..~~...~),.;;.~~;'" Notary PublIc ~ --.;: ..o'<...P-- u~.. -$- ~ .. ""~-T , ~ .. -po ~ My commission expires: <\-'::70- 1.-0,\ [AFFiX ~tMM::Y 0: Z : . . N .., f"\ 1- 1- "t " - (') . ISSION.- RegIstratIOn o. t- \..~ ~ '- '- . : ~ ~ NUMBER i ~ : \ ~... 273321 ... ~ i /I> Q.. .. r'S- .:- .... %;,~.. .. <'LV '" -. .- .'YE:; ........ ~~- -" COMMONWEALTH OF VIRGINIA ""',~~~~,~~""", AT LARGE The foregoing instrument was acknowledged before me in~'<~'\~,A'b, Virginia, this '7-\$ day of ~l;"\ , 2009, bY\~rt'-:>6..\-\... ~\ as the Secretary/t\.ssistltftt geeretary of t e City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia. --BelShe G}i'S'personally known to ~~M'~"" d d 'd 'fi . ~. \..~ Sf.t~''- pro uce as 1 entI IcatIOn. i-,*f#i^'r- .......... ....~ iIlI'''/I> \to :!!..v.t'.~~~~y pu... ~-. <" ~ ~.O ~/.. "t7 /I> ..-A \. ~ - F>.-~..h L ~I. ....;l~ MY "n\~ \ <.. ~~}\.A ~ Yl(. ~q. A~Z COMM/::>SION: : Notary PublIc ;. O~\ NUMBER i ~ = My commission expires: "\- ~- ~ \. \ [AFF~ . L~73321 l~ i . . N ..., 'L "'1- \. ~ ~.. .. ~ :' RegIstratIOn o. t.-'\. -oJ;,! 1- " ~g .........~~~ ,..... 11"" 'At TH 0 ,..,,~ tl",."....',' [Signatures and notary attestations continue on page immediately following. The remainaer of this page left blank intentionally.) 8 I' I I LAKEVIEW CORPORATE PARK CONDOMINIUM ASSOCIATION, an unmcorpor~~ Tron By. ( ..\ 1._ , . .\ Name: Anthony P. Nero Title: President [SEAL] COMMONWEALTH OF VIRGINIA AT LARGE" My commission expires: ~ Registration No. R~ .rl The fO~~!nstrument was acknowledged before me in Virginia Beach, Virginia, this -tX- day of' ,2009, by Anthony P. Nero, as the President of Lakeview ~rporation Park Condominium Association, an unincorporated association, on its behalf. He ~ is personally known to me or D has produ e as id tification. ",\"\\IlIU1,,~ """, ~oss VJ.t~- , '!f-y.. .............."Q' ,t ~..<,OifAR'( .....~ 'So~ !'lIIi .. PI .-~~ otary Public f Ltj! . -t2.10e.2 \ <\ [AF{Bd. SJ!-~w,t,t ~i<.f1..: ~ I \ ro~~",,~'l '\0/3'\12.0'\2.....1.1 ~ .... ....~~-I ~"I! MIl~":':'A' ....:.:u 0'" ....# ",~~rVE \.-\'. ~",,, """","'1\"" . [Signatures and notary attestations continue on page immediately following. The remainder of this page left blank intentionally.] 9 I , MICHELS FAMILY LLC a Virginia limited li bili COMMONWEALTH OF VIRGINIA AT LARGE The foregoing instrument was acknowledged before me in ~lte"l^,lA g EAe fl , Virginia, this 2r;~ day of _~~\ L... , 2009, by ~L. M I~e:t.s , as the Wl'lA("1\1Jn M~~ of Michels Family LLC, a Virginia limited liability company, on its behalf. He/She is personally known to me or 0 has produced as identification. ~ ,~~ ~ My commission expires: 1\ ~\\z.o L'Z.. [AFFIX SEAL] Registration No. 12.0 L\ \ oz... \\\\1111111'"", '!.",,\\ ..J.~COtl' :l11~" " ~. ~. ...~- ~~ " ~.r ,- -.....'~ ~ ...., . .. .. . &.... ;:f ~,'(;: . ", ~ ~!IIl ~ i;.. '\ ;:",: .' ~- ~.~. - :: .:_~~'""'l;":: = ~. ~.... :8 = : ~. ""'". ~':Ift i -:.... \, -..a ..,.,..... -::. "~ .' ~ ~ ~...~..... S' ~~ .,.......... ~ '~ __..r. ~,,,, '1"'/ ~ ,\,,, 1/1'''"1111\\\\' 10 I I EXHIBIT A Description of the Property ALL THOSE certain condominium units known as "UNIT 1 AREA = 198,112 SF OR 4.548 AC GPIN: 1476-78-8445-0001", "UNIT 2A AREA = 106,768 SF OR 2.451 AC GPIN: 1476-78-8445-0002", "UNIT 2B AREA = 35,907 SF OR 0.824 AC GPIN: 1476-78-8445-0003", "UNIT 3A AREA = 293,697 SF OR 6.742 AC GPIN: 1476-78-8445-0005", and "UNIT 3B AREA = 71,376 SF OR 1.639 AC GPIN: 1476-78-8445-0004" in the Lakeview Corporate Park Condominium, located in the City of Virginia Beach, Virginia, and as further designated and described in that certain declaration entitled "DECLARATION OF CONDOMINIUM OF LAKEVIEW CORPORATE PARK CONDOMINIUM," dated August 23,2000, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4286, at page 1226 (the "Declaration") together with the applicable undivided interests in the common elements appurtenant to each of the above Units, all as more particularly described and allocated in the Declaration as amended from time to time. 1451825\4 4147\01O\Amendment to Recorded Conditions and Restrictions-clean 04-02-09 11 ,I , HEARTS 4 KIDS CHILDCARE Hearts 4 ](ids Childcare Map G-9 M N S 1 a ot to co e ~ ~ Itw 1. f.{;9B~Cjop~ ~,-"'7L A~~ f.. '\ ~ / 1l,l~D0 ~ff. .~....,. ""S.~~l 'tj . ~L~"'~:~ 'I :r. ~. ~~1J17~ 0 l1 ~ JGZ . O;)~ fJf?(};/: ~ ~ 15/ " L, 'J -L'i, ~ 'A -t U . 117ri~""~:r. W' 'fS ) .., ,/.~ ./I-rN. JJ~/~ ~ co 'I~~fo'~ fliii~1J .~:; fM~ , fi...~ "- "'.~ ~ '" LJ '!, ~ fA ~'J.;J~] "rJ!. '/1 ~ ~ilf.... ~ 7ii/2 25 =~ y, i!'1--m, 'iIr~ ~ ~ ~" · sY' - i-.:. .J"'........,~ ~-~ ~ ~ '/. _C: -ut'" ~ '.R.:) . "<; 7~ "" ~ ~ f;7:' ...::.)}fl PO ( .,~ :;..~~~gh~ ~'~L ~ ~ ct ~~ l,c; 'A ~~~ r{; ~ 'f-i " MJ /~ ~ ~~ ~/"~Cl ~ r~ K- 00_ iJ9~ ~ ~ -'-" ~ "I:..Y/:.I.. ... ~^ ~ ~ L\ hQ"'.... \- L- tl. ~ .~ ~ ~~~~IO< Cltcr iJ~"1 ~ "" \. 1..7) ~ . ..~."..r AVI< '~ .,^v-.c _ . ~ 8 ~~~~,.~ ",.._ r J'C ''''rJLd Ds It: ~I~ .fF}!, ,~ifj~,:"'-P"'b -'~; ~ C ~ Q- Dr ~ sl,7l .7r,~ ~~~ ~ I ~9:1A~\!y~"j ~ ~l~-~ ....., CUP fur Home Occupatiun (Child-Care) Relevant Information: · Rose Hall District · The applicant requests a Conditional Use Permit for home daycare. · Eight (8) children in addition to the applicant's 14 year old son . Proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. A qualified assistant will be available. · As usual in these cases, license from Social Services is contingent on Use Permit approval. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition. · Consent agenda. II I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HEARTS 4 KIDS CHILDCARE, Conditional Use Permit, daycare, 3569 Marvel! Road. ROSE HALL DISTRICT MEETING DATE: June 9, 2009 . Background: The applicant requests a Conditional Use Permit for home daycare. The applicant desires to care for up to eight (8) children in addition to the applicant's 14 year old son. The site, zoned R-5D Residential, is approximately 4,988 square feet in size. . Considerations: There is a single-family dwelling of 1,445 square feet located on the site, with a 273 square foot attached garage and fenced-in yard. A play area will be available in the side yard for children who attend the home daycare. ProposeQ hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. "A qualified assistant will be available. The applicant has submitted an application for a license with the Department of Social Services and must abide by the regulations of the Department of Social Services to help ensure the safety of children cared for within the daycare. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is, as conditioned below, compatible with the surrounding residential neighborhood. Condition 6 below requires the applicant secure a license from the Commonwealth of Virginia and maintain licensure; therefore, inspections and requirements of that agency must be met to insure the safety of the children. 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 approval of this item to the City Council with the following conditions. I I HEARTS 4 KIDS CHILDCARE Page 2 of 2 1. The home daycare shall be limited to a total of eight (8) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 5. No signs advertising the home daycare shall be permitted on the lot or any structure on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. . 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 City Manage~ lL.... ,~~ #1 May 13, 2009 Public Hearing APPLICANT: HEARTS 4 KIDS CHILDCARE PROPERTY OWNER: ALVIN SAMUEL & SHEILA SAMUEL STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (home daycare) ADDRESS I DESCRIPTION: 3569 Marvell Road GPIN: 14864241770000 ELECTION DISTRICT: ROSE HALL SITE SIZE: 4,989 square feet AICUZ: Less than 65 dB DNL The applicant requests a Conditional Use Permit for home daycare. The applicant desires to care for up to eight (8) children in addition to the applicant's 14 year old son. The site, zoned R-5D Residential, is approximately 4,988 square feet in size. There is a single-family dwelling of 1,445 square feet located on the site, with a 273 square foot attached garage and fenced-in yard. A play area will be available in the side yard for children ~ho attend the home daycare. Proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. A qualified assistant will be available. SUMMARY OF REQUEST The applicant has submitted an application for a license with the Department of Social Services and must abide by the regulations of the Department of Social Services to help ensure the safety of children cared for within the daycare. HEARTS 4 KIDS CHILDCARE Agenda Item 1 Page 1 II I LAND USE AND ZONING INFORMATION EXISTING lAND USE: Single-family dwelling SURROUNDING lAND USE AND ZONING: North: South: East: West: · Single-family dwelling / R-5D Residential Duplex District · Single-family dwelling / R-5D Residential Duplex District · Single-family dwelling / R-5D Residential Duplex District · Single-family dwelling / R-5D Residential Duplex District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant environmental or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Marvell Road in front of this site is a two-lane local street. There is currently no CIP projects scheduled for this section of Marvel! Road. Rosemont Road in the vicinity of this site is a four-lane minor arterial urban roadway. Rosemont Road has a gO-foot right-of-way, and the Master Transportation Plan shows an access controlled divided roadway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no crp projects scheduled for this section of Rosemont Road. ~ TRAFFIC: Street Name Present I Present Capacity Generated Traffic Volume Marvel! Road No Traffic Counts Available Existing Land Use -;1_ 10 ADT Rosemont Road 22,153 ADT 1 22,800 ADT' (Level of Service Proposed Land Use 3 - 44 "0") ADT; 6 morning /7 afternoon oeak total hour Average Daily Trips 2 as defined by a single-family house 3 as defined bv an eiaht (8) 'student' davcare and sinale-familv house WATER & SEWER: This site is connected to both City water and sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION HEARTS 4 KIDS CHILDCARE Agenda Item 1 Page 2 II Comprehensive Plan: The Comprehensive Plan designates this site as part of the 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 the area. In a general sense, the established type, size, and relationship of land use, residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area and is, as conditioned below, compatible with the surrounding residential neighborhood. Condition 6 below requires the applicant secure a license from the Commonwealth of Virginia and maintain licensure; therefore, inspections and requirements of that agency must be met to insure the safety of the children. In addition, Staff finds that the proposal should not significantly alter existing traffic flows in the area. Approval of this application is recommended subject to the following conditions. CONDITIONS 1, The home daycare shall be limited to a total of eight (8) children, other than children living in the home, 2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to 6:00 p.m. 3, No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 5. No signs advertising the home daycare shall be permitted on the lot or any structure on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. 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. HEARTS 4 KIDS CHILDCARE Agenda Item 1 Page 3 i I I AERIAL OF SITE LOCATION HEARTS 4 KIDS CHILDCARE Agenda Itefn 1 Page 4 \ ~ \ t u:. t \fi '-" r ri ..-J ,""'- \..J U r w \ .-:. 'It..t(:.t.(~~~~t t :..tt\)f~'l ff'" c;< ,," ;;<;:J4krf,t - ':i ;.. -> -r ~. ..... t t. -' z. h-i 'J"OODlY N ~,...~f" :- ,I ~ t. 'f ! f to', .;;it:. 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'1M 't' ~f'<~ ,,:'J"'\ pO ~ allt ~~ iD-P'" ,(]'.Jt ~ ),'.0 ~ ~I~'~~~~~~ t. 1~Q- S. "H ,', _ ~f'1~ ~l-c: '-i,"k ~j vel J. -,.z"1. i' ~ I{ D ... ~ ~ /', ~... .,...J-. f I 1 .. e'1 ~-n ^ ~ ,- - u. , . ~., ,,,,-,, b l'\"\ ., ,\,'J J-iJ ~ J?J' ~ ~~.. "- ,;:1 "If lIT if \uBl..l'rv · - ;,0 "'- "" ~', ' . i ..VIC , ~\E iIf -or" ~~ ~_ 1 \01 "1;1..". ~ ""..... ~~,r:; fj4!OI /"~ ~ iii ~u ~ -. ," "",,". 1': ..-.. Ie 'f'., . J. '(<. > ^' 15'\?l\ ' ........ \. ,,]it . , .3'" ..... '. ~r;;t<.JF.~~ ~Y" ./)i).\ tI /t.." \;!.l 1.!3 -(if..'\--r ,\ ,I ,.,.., I t , W ~...n · A 5 ~ 01 .' - . ....~ .' e O"cU .tion (Child-care) J{ arts 4 J{ids Childcare cur tor Horn P No zoning \liStol)' to report. z.otl\NG t\\S,-OR'l l'IE/l.R'S 4 \(IOS Cl'I\LOCIl>I' Agenda \ten pagl , I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation partnership firm business or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members trustees partners, etc, below: (Attach list if necess81Y) Sheila Samuel 2 Ust all businesses that have a parent-subsidiary 1 or affiliated business entity; relationship with the applicant (Attach list if necessary) I . __.____o --- --.-...-..,.. --..,-_...~.__ &J 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. bUSH"leSS or other , unincorporated organization, complete the following 1. Ust the property owner name followed by the names of all officers members. trustees. partners etc. below: (Attach Itst if necessary) Alvin and Sheila Samuel --'_._--~...._-"~"'-~-~.."~,,... "'''''-''''~-~~'''-'-"--.--.......--"",,. 2 list all busmesses that have a parent-subsidiary! or affiliated bUSiness entltyL relationship With the applicant: (Attach list if necessary, here if the property owner IS NOT a corporation partnership, firm, business or other unincorporated orgamzation. See next page for footnotes Does an offiCial or employee of thl} City of Virginia Beach have an Interest WI the subject land? Yes~" NO{_ If yes. what IS the name of the offiCial Or employee and the nature of their mterest? C\,')rlrt4<rr~1 th~~e Pvrmlt ApP\lr...dhOfl {lor 7 J:;~OOl z o . << ~ :ts . << I ......:1 ,..,. ea F--c ~ ~ ,-,. ~ c:I:J ;::::J ~ C> >> . F--c I I 52 o u HEARTS 4 KIDS CHILDCARE Agenda Item 1 Page 8 z o I I !< u I I ~ ~ ~ F--4 i ~ ~ ~ ~ p ~ o I I f-t I I ~ Z o u I' .,1 DISCLOSURE STATEM ADDITIONAL DISCLOSURES List all known contractors or businesses that t1ave or will provide servtces with respect to the requested property use Including but not limited to the providers of architectural services, rea! estate services, financial services, accounting services and legal services (Attach list if necessary) N /fA.. 1 "Parent-subsidiary relationship" means "a relationship that eXists when one corporation directly or indtrectly owns shares possess1I19 more than 50 percent of the voting power of another corporation: See Stale and Local Government Conflict of Interests Act, Va, Code S 2,2-3101. "Affiliated business entlty relationship" means "8 relationshIp other than parent- subsidiary relalionship, that exists when In one business entity has a controlling ownership interest in the other business entity Iii} a controlling owner 111 one entity IS also a controlling owner in the other entity or (Hi) there is shared management or control between the bUSiness entities. Factors that should be con sidared in d atarm lI'lmg the ex Istance of an affiliated busioess entity relationship indude that the same person or substanltally the same person own or manage the two entities: there are common or com mmgled funds or assets, the business entities share the use of the same offices or employees or otherwise share sctil/llles, resources or personnel on a reguiar basis: or there is otherwise a close working teiationship between the entllles," See State and Local GOl/ernment Conflict of Interests Act Va. Cooe ~ 2,2.3101 CERTIFICA TION: I certify that the mformatiOfl contained herem IS true and accurate I understand that upon receipt of notification U)(lstcard) that the application has been scheduied for public heaflng I am responsible for obtaining and posting the reqUired SIgn on the SUPject property at ieast 30 days poor to the scheduled publiC heanng according to the instructions 111 thiS package The underSIgned also com.ents to entry upon the subject property by employees of the Department of Ptanntng to photograph and "few the site for purposes of processmg and evaluating thiS application 'c. ..\ \\ t I c I ...x.(n\" i!)\ Applicants [' . "J~*j/' ( ~ij\~~t kndL 'I ownersSlgfla~ti. different than applicant) ~ . . <~ ,\. .1\ (' . I A~d,-,...:6&:.~+"'dh~c.L\lY~~Il~ ..1 PM! Name Com\hOl1alvse Permn N>pt"cm"", Palle 1001 H) P",..-l 711!2()1j7 HEARTS 4 KIDS CHILDCARE Agenda Item 1 Page 9 ; I Item # 1 Hearts 4 Kids Child care Conditional Use Permit 3569 Marvell Road District 3 Rose Hall May 13,2009 CONSENT Janice Anderson: The next group of items that were going to address on the agenda today are those items that we have placed on the consent agenda. The consent agenda will be handled by the Vice Chairman Joe Strange. Joseph Strange: Thank you. This afternoon we have 16 items on the consent agenda. The first matter is agenda item 1. An application for a Conditional Use Permit for a daycare center on property located at 3569 Marvell Road, District 3, Rose Hall, with seven conditions. Alvin Samuels: Good afternoon. My name is Alvin Samuels. I have read the conditions and I am in agreement with them. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Phil Russo to review this item. Philip Russo: Thank you Mr. Strange. The applicant requests a Conditional Use Permit for home daycare to care for up to eight (8) children in their residence. The site is approximately 4,988 square feet in size, and the family dwelling is 1,445 square feet. The applicant has submitted an application for a license with the Department of Social Services, and will be abiding by the regulations of that department to ensure the safety of the children within the daycare. The proposal has been determined by Planning to be in conformance with the Comprehensive Plan's recommendation for this area. Planning, therefore, recommends approval of this request, and the Commission has decided to put this on the consent agenda. Joseph Strange: Thank you Phil. Madame Chair, I have a motion to approve item 1. 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 KA TSIAS AYE ABSENT 1 ABSENT I I Item # 1 Hearts 4 Kids Childcare Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 1 for consent. II I EASTERN ACADEMY OF MIXED MARTIAL ARTS o 8-2 (3) CUP for Indoor Recreation Facility - Martial Arts Relevant Information: · Lynnhaven District · The applicant requests a Conditional Use Permit to allow a martial arts academy · A maximum of 60 individuals will occupy the space at any given time. · Hours of operation are Mondays, Wednesdays, and Fridays from 10:00 a.m. to 1 :00 p.m. and from 5:00 p.m. to 10:00 p.m. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission re~ommends approval (10-0) · There was no opposition. · Consent agenda. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC., Conditional Use Permit, indoor recreational facility (martial arts), 3900 Bonney Road, Suite 213. L YNNHAVEN DISTRICT. MEETING DATE: June 9, 2009 . Background: The applicant requests a Conditional Use Permit to allow a martial arts academy within a portion of a suite in the existing shopping center located at 3900 Bonney Road. There is currently a Conditional Use Permit to allow a church within this unit. The church will remain on the first floor while the martial arts academy occupies the second floor. . Considerations: A maximum of 60 individuals will occupy the space at any given time. Hours of operation are Mondays, Wednesdays, and Fridays from 10:00 a.m. to 1 :00 p.m. and from 5:00 p.m. to 10:00 p.m. Classes, however, are normally concluded by 9:30 p.m. The applicant also requests the option of providing classes on Tuesdays and Thursdays, if needed, in the future. The proposed recreational facility is in conformance with the recommendations of the Comprehensive Plan and is compatible with the surrounding business community. Available on file in the Planning Department are letters of support from adjacent businesses. 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 approval to the City Council with the following conditions. 1. The applicant shall obtain any necessary parking variances from the Board of Zoning Appeals. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department I Permits and Inspections Division and the Fire , I EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. Page 2 of 2 Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Ccmmission recommends approval. Submitting Department/Agency: Planning Department City Manage~ ~ It- :GtIll>"'\.. I I I # 11 May 13, 2009 Public Hearing APPLICANT: EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. PROPERTY OWNER: 1988 ASSOCIATES, LLC STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (Indoor commercial recreation - martial arts) ADDRESS I DESCRIPTION: 3900 Bonney Road GPIN: 14872349760000 ELECTION DISTRICT: L YNNHAVEN SITE SIZE: 2.958 acre site; 5,100 square foot lease space AICUZ: Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow a martial arts academy within a portion of a suite formally known as Suite 113 in the existing shopping center located at 3900 Bonney Road. There is currently a Conditional Use Permit to allow a church within this unit. The church will remain on the first floor while the martial arts academy occupies the second floor. A maximum of 60 individuals will occupy the space at any given time. Hours of operation are Mondays, Wednesdays, and Fridays from 10:00 a.m. to 1 :00 p.m. and from 5:00 p.m. to 10:00 p.m. Classes, however, are normally concluded by 9:30 p.m. The applicant also requests the option of providing classes on Tuesdays and Thursdays, if needed, in the future. SUMMARY OF REQUEST EASTERN ACADEMY OF MIXED MARTIAL ARTS,INC. Agenda Item 11 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Shopping center and associated parking lot. SURROUNDING LAND USE AND ZONING: North: · Across Norfolk & Southern Railroad right-of-way is an automobile dealership / B-2 Community Business District · Across Bonney Road are multi-family communities (Thalia Oak and Thalia Trace) / A-24 and A-12 Apartment Districts and R- 7.5 Residential District · Across Lynnshores Drive is vacant land / B-2 Community Business District · Mini-warehouse storage / B-2 Community Business District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is covered by a strip retail center and parking, There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in front of this site is a four-lane undivided urban minor arterial. Virginia Beach Boulevard in the vicinity of this application is an eight-lane divided major urban arterial. There are no Capital Improvement Program projects slated in this area. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Bonney Road 18,550 ADT 1 30,600 ADT 1 (Level of Existing Land Use ;t. - 226 Service "D") ADT Proposed Land Use 3 - 168 Average Daily Trips 2 as defined by a 5,100 square foot shopping center 3 as defined by a 5',100 square foot recreation/fitness center WATER: This site currently connects to City water. SEWER: This site currently connects to City sanitary sewer. EASTERN ACADEMY OF MIXED MARTIAL ARTS,.INC. Agenda Item 11 Page 2 I I Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: This proposal is located within Strategic Growth Area 5 (North Rosemont Road Area). The current land use pattern for this area is suburban strip commercial with some multi-family along Virginia Beach Boulevard. The Plan policies recommend that this area be transformed from its suburban commercial land use pattern to one that provides a more balanced mix of urban residential and commercial uses. Evaluation: The proposed recreational facility is in conformance with the recommendations of the Comprehensive plan and is compatible with the surrounding business community. Available on file in the Planning Department are letters of support from adjacent businesses. Staff further finds that this use will not have adverse impacts on traffic if parking is adequately provided. In regard to parking, it should be noted that this use, when considered in conjunction with the other uses within this center, does not meet the minimum parking requirement of one (1) space per 100 square feet of floor area for an indoor recreational facility. A 5,100 square foot recreation facility requires 51 spaces. There are 166 spaces on this site. Based on the applicant's submitted plan showing square footage of other uses available on-site, the parking requirements cannot be met without a variance being granted by the Board of Zoning Appeals. The proposal is at least 37 spaces shy of satisfying the Zoning Ordinance's parking requirements for the proposed use and other uses on the site. The applicant is working with staff of the Zoning Office to seek and obtain a variance to the required parking. CONDITIONS 1. The applicant shall obtain the necessary variances from the Board of Zoning Appeals. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department I Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 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 (CPT ED) concepts and strategies as they pertain to this site. EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. Agenda Item 11 Page 3 AERIAL OF SITE LOCATION EASTERN ACADEMY OF MIXED MARTIAL ARTS,INC. Agenda Item 11 Page 4 ,,<,'"Ii "",lVl"c 'l,S...C,;t .,,,,." ~ ~ ~ ~ e .~ ~ < ~ ~ ;> '2. ~ \ ~ PROPOSED srrE PLAN - EASTERN ACADEMY Of MIXED MARTIAL ARTS, INC. Agenda \tern '\ '\ page 5 - , I PHOTOGRAPH OF LEASE SPACE EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. Agenda Item 11 Page 6 II 'I I, I I B-2 (3) 7 CUP for Indoor Recreation Facility - Martial Arts # DATE DESCRIPTION ACTION 1 8-12-08 Modification of Conditions Granted 1-11-05 Conditional Use Permit (church) Granted 1-13-98 Conditional Use Permit (furniture showroom & truck rental) Granted 12-14-87 Zonina Change (1-1 to B-2) Granted 2 4-9-96 Conditional Use Permit (mini-warehouses) Granted 3 2-27-01 Conditional Use Permit (motor vehicle sales) Granted 4 5-23-01 Street Closure Granted 5 2-10-04 Conditional Use Permit (pet crematory) Granted 2-10-04 Zoning Change (A-12 to R-7.5) Granted 6 3-1 0-09 Conditional Use Permit (automotive sales & service) Granted 7 12-14-04 Conditional Use Permit (automotive repair garage) Granted 3-25-03 Conditional Use Permit (motor vehicle sales) Granted 3-25-03 Zonina Change (Conditional 1-2, 1-2, & B-2 to Conditional B-2) Granted ZONING HISTORY EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. Agenda Item 11 Page 7 , I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation. partnership. firm business. or other unincorporated organization, complete the following 1 List the applicant name followed by the names of all officers members trustees partners. etc. below: (Attach fist tf necessary) ---:;;";;"_-'-"-_~-~_"_>-"~__R_'~__'''',____,.~.______~_,,_,~ 2. List all businesses that have a parent-subsidiary 1 or affiliated bustness entiti' relationship with the applicant: (Attach Itst if necessary) o Check here !f the applicant is NOT a corporation. partnership. firm. bumness 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 olher umncorporated 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) ~--:C..-,,~,,~.._-...,.~--:l~ 2. list ail businesses that have a parent-subsidiaryl or affiliated bUSiness entity" relationship with the applicant: (Attach list if necessary) o Check here if the property owner IS NOT a corporation partnership. firm busmess. or other unincorporated organtzation. ,......,.- & . Sefi next page for footnotes Does an offiCial or (m1P1oyee of the City of Virginia Beach have an interest in the subject land? Yes _.___ No .l....- If yes what is the name of the offiCial or employee and the nature of their mterest? CQi!'K14\onal Usn Pfi':rrtd At'1IK..af:~(m PHge 8 0[10 RtlV1S~ rJ.2OO7 z o I I ~ U J I t-=I s::::t-c ~ ~ ~ ~ s::::t-c ~ c::.I":l ;::::J ~ o I I f--4 I I ~ Z o u DISCLOSURE STATEMENT EASTERN ACADEMY OF MIXED MARTIAL ARTS,INC. Agenda Item 11 Page 8 z o I I ~ U I I ....:1 ~ ea F-t ~ ~ ~ ~ ~ ;:::J ~ o I I F-t I C c::::a Z o u I' I I DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES Ust 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 archttectural serv1ces real estate services, financial services accounting ser.lices and legal s~rv1ces: (Attach I1st if necessary) , ,\..[ "~1 '1 \-t i c.< 't' ii <:.qt (J{ _L f\ C .J f,,, 'l:::i . ~ , r f ~Y_,..._m~~~_Y.._._~"_~~~_J........LJ..~' I -.-.,-.- '"'"k! (", ~-,., I ----"-,~._~-----"'-,--~"",..----_.._------..,>""..",.,..".,~,~~~,~~"".."",_....,.._--",..-~----~-~' -"--~----,--,_.,--_._-_._,-,--"._",._._-,.,,--,,--,--------,,-~~---~~------~---.._~_.,..,- "Parent-subsldiary relationship' means 'a relationship Ihat eXIs1s when one corporation dlrecUy or indirectly owns shares possessing more than 50 percent of the voting power of another corporatton." See State and Local Government Conflict of Interests Act, Va. Gooe S 2.2-3101. ,"Affiliated business entity relationship' means '"(I relatIonship, other than parent. subsidiary relationship, that exists when Ii) one business entity has a controlling ownership interest in the other business entity ~ji) a controllmg owner in one entity is also a controlling owner in the other entity. or 1m) there is shared management or control between the bUSiness entitles, Factors that should be conSIdered in determming the eXlstence of an affiliated business entity relationship include that the same person or substantialJy 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 oflices or employees or otherwise shl:lre activities resources or personnel 011 a regular basis: or there is otherwise a close working relationship between the entities," See Stale and Loca! Government Conflict of Interests Act. Va Code S 22-3101 CERTIFICATION: I certify that the Information contained herelf1lS true and accurate I understand that upon .ecetpt of notlficallon (postcard) that the applit;alion has been scheduied for puenc heanngl am responSible for obtaining and posting the reQU'rect sign on the subject property at least 30 days pner to the scheduled pubHc heanng acccrding to the InslructtOI1S in thiS package The undersigned also consents 10 entry upon the subject ploperty by employees of the Department of p1anrvng to photograph aM view the site fOI pu(pose~, of processing a~1d evaluating thiS appliultiOn DISCLOSURE STATE.MENT EASTERN ACADEMY OF MIXED MARTIAL ARTS, INC. Agenda Item 11 Page 9 II , Item #11 Eastern Academy of Mixed Martial Arts, Inc. Conditional Use Permit 3900 Bonney Road District 5 Lynnhaven May 13,2009 CONSENT Joseph Strange: The next matter is agenda item 11. An application of Eastern Academy of Mixed Martial Arts, Inc. for a Conditional Use Permit for an indoor recreational facility on property located at 3900 Bonney Road, Suite 213, District 5, Lynnhaven, with two conditions. Fred Summs: Madame Chairman and members of the Planning Commission. My name is Fred Summs, General Manager of Grand Junction Center. We are in favor of this property. I do want to confirm that the children's academy that was there, is no longer in occupancy of the property. Weare in favor of staff and the Planning Commission's consented items. Joseph Strange: The conditions are acceptable? Fred Summs: The conditions that are mentioned in the document? Yes. Joseph Strange: Thank you very much. Fred Summs: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Ron Ripley to review this item. Ronald Ripley: The applicant requests a Conditional Use Permit for an indoor commercial recreation, essentially a martial arts studio. It is 5,100 square feet. It's part ofa strip shopping center or a small strip of stores. This is a routine type of approval except for an issue that we had amongst the Commission, but we were satisfied with staffs explanation was regarding parking. It appears that there is different parking that is being used at different times of the day, and they think that the parking will be adequate for this particular use. The two conditions that will assure that is that will also get another layer of discussion, and that will be at the Board of Zoning Appeals because that is one of the conditions if they don't receive the variance, then the Conditional Use Permit will not go forward. So, the staff recommends approval and we put it on the consent agenda. Joseph Strange: Thank you Ron. Madame Chair, I have a motion to approve item 11. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. I I Item # 11 Eastern Academy of Mixed Martial Arts, Inc. Page 2 AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE 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 11 for consent. II , HYBRID ACADEMY OF MARTIAL ARTS Map G-7 Mop Not to Scale B-2 BONNEY CUP - to allow all Indoor Recreation Facility - Martial Arts Relevant Information: · Lynnhaven District · The applicant requests a Conditional Use Permit to allow a martial arts school within the western 14,005 square feet of the existing retail. · Wide variety of martial arts classes, as well as fitness programs. · Classes are offered mainly during evening hours; however, there may be some early morning or lunch time classes offered. Generally, the applicant proposes to utilize the space between the hours of 6:00 a.m. to 11 :00 p.m. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition. · Consent agenda. ',I II I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HYBRID ACADEMY OF MARTIAL ARTS, Conditional Use Permit, indoor recreational facility (martial arts), 3636 Virginia Beach Boulevard, Suite 115. L YNNHAVEN DISTRICT. MEETING DATE: June 9, 2009 . Background: The applicant requests a Conditional Use Permit to allow a martial arts school within the western 14,005 square feet of an existing retail building located at 3636 Virginia Beach Boulevard. . Considerations: . The proposed business offers a wide variety of martial arts classes, as well as fitness programs. Classes are offered mainly during evening hours; however, there may be some early morning or lunch time classes offered. Generally, the applicant proposes to utilize the space between the hours of 6:00 a.m. to 11 :00 p.m. The proposed recreational facility is in conformance with the recommendations of the Comprehensive Plan and is compatible with the surrounding business community. This use should not have adverse impacts on traffic if adequate parking is provided. 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 approval to the City Council with the following conditions. 1. The applicant shall obtain any necessary variances for parking from the Board of Zoning appeals. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 'I , HYBRID ACADEMY OF MARTIAL ARTS Page 2 of 2 . 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 City Manage~'S k. ~ R. ..~._n-'-_..._. cur - to allow,1n Irldoor Recre,lIion f.lci/iCy - MarciotArts REQUEST: Conditional Use Permit (indoor commercial recreation - martial arts) ADDRESS I DESCRIPTION: 3636 Virginia Beach Boulevard GPIN: 14875497080000 ELECTION DISTRICT: LYNNHAVEN I, I I # 12 May 13, 2009 Public Hearing APPLICANT: HYBRID ACADEMY OF MARTIAL ARTS PROPERTY OWNER: REGATTA LIMITED, LP STAFF PLANNER: Leslie Bonilla SITE SIZE: 2.97 acres site; 14,005 square feet lease space AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a martial arts school within the western 14,005 square feet of the existing retail building located at 3636 Virginia Beach Boulevard. The proposed business offers a wide variety of martial arts classes. as well as fitness programs. Classes are offered mainly during evening hours; however, there may be some early morning or lunch time classes offered. Generally, the applicant proposes to utilize the space between the hours of 6:00 a.m. to 11 :00 p.m. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Retail establishment SURROUNDING LAND USE AND ZONING: North: . Malibu Palms Drive . Across Malibu Palms Drive are multi-family dwellings I A-24 Apartment District HYBRID ACADEMY OF MARTIAL ARTS Agenda Item 12 Page 1 , I South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: . Restaurants / B-2 Community Business District . Virginia Beach Boulevard . Across Virginia Beach Boulevard are retail establishments / B-2 Community Business District . Funeral Home / B-2 Community Business District . North Rosemont Road · Across North Rosemont Road is an office building / B-2 Community Business District . Across North Rosemont Road are multi-family dwellings / A-24 Apartment District There are no known 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 the vicinity of this application is an eight-lane divided major urban arterial. There are no Capital Improvement Program projects slated in this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 43,132 ADT 1 56,240 ADT 1 (Level of Existing Land Use "- - 620 Boulevard Service "D") ADT Proposed Land Use 3 - 460 1 Average Daily Trips 2 as defined by a 14,000 square foot shopping center 3 as defined bv a 14,000 square foot health I fitness center WATER: This site has existing water meters which may be used or upgraded, There is a 6-inch City water line in Malibu Palms Drive. SEWER: This site currently connects to City sanitary sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: This proposal is located within Strategic Growth Area 5 (North Rosemont Road Area). The current land use pattern for this area is suburban strip commercial with some multi-family along Virginia Beach Boulevard. The Plan policies recommend that this area be transformed from its suburban commercial land use pattern to one that provides a more balanced mix of urban residential and commercial uses. HYBRID ACADEMY OF MARTIAL ARTS Agenda I tern 12 Page 2 I, I I Evaluation: The proposed recreational facility is in conformance with the recommendations of the Comprehensive Plan and is compatible with the surrounding business community. This use should not have adverse impacts on traffic if adequate parking is provided. It should be noted that Staff's initial review of this proposal indicates the use does not meet the minimum parking requirement of one (1) space per 100 square feet of floor area for an indoor recreational facility while allowing sufficient parking for other users within the building. A 14,005 square foot recreation facility requires 140 spaces. Based on the applicant's submitted plan showing the square feet of other uses in the center, the parking requirements cannot be met without a variance from the Board of Zoning Appeals. The site is at least 75 spaces shy of satisfying the Zoning Ordinance's parking requirements for the proposed use and other uses on the site. The applicant is working with Staff to seek and obtain a variance to the required parking. CONDITIONS 1. The applicant shall obtain the necessary variances from the Board of Zoning appeals. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 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. HYBRID ACADEMY OF MARTIAL ARTS Agenda Item 12 Page 3 ~R'Il>L Of S\1'E LOCIl> 1,ON \-I,<BRIO A.CA.O'fJJo.'< OF l;IA.R11A.L 1\R1~ Agenda \tef{\ '\ 4 page II ,I I 'ou. :0 0 ~ fP ~ j ~o ! ~~ t ~ MALmu PALMs DRIVE ""."" I i i ~ i;;' lal 'i~ il~ N J i i ~I~s~ , ~ 1"'" ". <"t ! ;- i i. II ~ll~~ ~~~~~ i ~ ~Ililln i.libl~ I; ,. Ill! . l .. I n IU t" PROPOSED SITE PLAN HYBRID ACADEMY OF MARTIAL ARTS Agenda Item 12 Page 5 II I PHOTOGRAPHS OF LEASE SPACE HYBRID ACADEMY OF MARTIAL ARTS Agenda Item 12 Page 6 I, I I BONNEY RD. CUP - to af{ow an Indoor Recreation Facility - Martial Arts # DATE DESCRIPTION ACTION 1 8-5-03 Conditional Use Permit (commercial recreation facility) Granted 2 11-27-01 Conditional Use Permit(motor vehicle rentals) Granted 3 7 -1-03 Conditional Use Permit (tattoo parlor) Granted 4 2-8-00 Conditional Use Permit (motor vehicle sales and repair - Granted expansion) 5 8-13-96 Conditional Use Permit (motor vehicle sales & repair) Granted 4-8-97 Conditional Use Permit (automotive service station & car wash) Granted 6 10-13-98 Conditional Use Permit (Gasoline Station in conjunction with Granted convenience store) 7 6-26-01 Conditional Use Permit (automotive service station & fuel sales) Granted ZONING HISTORY HYBRID ACADEMY OF MARTIAL ARTS Agenda IterTl.. 12 Page 7 , I URE STATEMENT APPLICANT DISCLOSURE If the apphcant IS a corporation, partnership firm, business, or other unincorporated organization. complete the followmg, 1. Ust the applicant name followed by the names of all officers. members trustees, partners, ate below (Attach list Ifo€!cessary) 2 List all busmesses that have a parent-subsldiary1 or affiliated business entity' relationship with the applicant (Altach list if necessary) o Check here if the applicant IS NOT a corporation partnership, firm. business. or other umncorporated 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, mei'Tlbers trustees partners ete below (Attach list if necessary) 2 Ust all businesses that have a parent-subsidiary 1 or affiliated busmess entity' relationship with the applicant (Attach list if necessary) o Check here if the property owner is NOT a corporation. partnership firm, business, or other unincorporated organization. next page f'Or footnotes Does an official or employee of the City of Virginia Beach have an Interest !l1 the subject land? Yes __ No If yes. what IS the name of the official or employee and the nature of their l'1terest? C01"idH~ondJ u~ PI!'tnTrll A.ppht.:at~ 9 of 10 rV;T.Qr z o t f ~ U I I ......:I t::t-c ea F--t ~ g: ~ CI';j :::::::> ~ o . I F--t I I ~ Z o u DISCLOSURE STATEMENT HYBRID ACADEMY OF MARTIAL ARTS Agenda Item 12 Page 8 z o . I ~ U I I ~ ~ ~ f--c ~ ~ ~ ~ ~ p ~. z o I I f--c I I ~ Z o u I, DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List a!! 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, accountmg services and legal services. (Attach list if necessary} , Cf> lZ{'i>o.t- flLL...tD\J..__.::"'_._Lrl.1c ~'-,- t\ i;> \ L( ('SL't', \ r~"~j i 'Parent-subsidiary relationship" means '3 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 . 'Affiliated business enhty relabonshlp" means "3 relationship. other than parent- subsidiary relationsi'n!). that exists when O} one business entity has a controi!ing ownership interest in the other ousiness entity (iii a controlling owner 111 one entity IS also a controllmg owner in the other entity or (til) there IS shared management or control between the business entities. Factors that should be con sldered in determining the exisl.once 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 entlties 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:' SeFj State and local Government Conflict of Interests Act Va Gode S 22.3101 CERTIFICA TION: I certify fhat the Informanon cont,w,ed herein IS true and accurate j understand mat, upon receipt of nolification (postcard) that the applicalion has been scheduled for public hearing. I am responSible for obtaining and posting the reqUIred sIgn on the subject property at least 30 days pflor to the scheduled publiC hearing according to the InstruclJons In thiS package Tht: undersigned alljO consents 112.Elntry uper the subject property by employees of the Department of Planmng to ~togra,~~ \ileWIhfslte for purposes of procesSing arld evaluat!f1g tf1!S apphcatlon \; ''1'''''''-'+- Appl Contlihonat ,,"i'~e Pern:ll Appl>(~1,tU}fl P:ige TO (If 10 R$'ii,se<t 7dqn07 DISCLOSURE STATEMENT HYBRID ACADEMY OF MARTIAL ARTS Agenda Item. 12 Page 9 II Item #12 Hybrid Academy of Martial Arts Conditional Use Permit 3636 Virginia Beach Boulevard, Suite 115 District 5 L ynnhaven May 13, 2009 CONSENT Joseph Strange: The next matter is agenda item 12. An application of Hybrid Academy of Martial Arts for a Conditional Use Permit for indoor recreational facility on property located at 3636 Virginia Beach Boulevard, District 5, Lynnhaven, with two conditions. Eddie Bourdon: Good afternoon Madame Chair. Mr. Strange and members of the Planning Commission, for the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate being on the consent agenda and we are in agreement with the two (2) conditions that were recommended by staff. I wanted to just to indicate since the discussion this morning centered on the prior application, all of the tenants have been consulted with. As Ms. Lasley said, there are other uses in this property that on paper require a lot of parking when they don't produce the necessity for parking. No one is concerned on site with their being a problem here with parking. We will certainly keep an eye on it. But with the different hours, we don't expect any problems whatsoever. We appreciate it. Joseph Strange: Okay. Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Ron Ripley to review this item. Ronald Ripley: This application is a 14,005 square foot martial art studio. It is a Conditional Use Permit for an indoor commercial recreation. The issues are the same. The discussion was parking, and I agree with counsel about the parking arrangement. I guess the mixed within the center is such that it doesn't appear to be a problem. This particular location of this use within the center is.at one end of the building, and it appears to be adequate parking that surrounds this particular use. So it is highly unlikely that there will be a problem. And, again, this will require a variance from the Board of Zoning Appeals, and it was recommended for approval by staff; so, we placed it on the consent agenda. Joseph Strange: Thank you Ron. Madame Chair, I have a motion to approve item 12. 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 ABSENT 1 ANDERSON BERNAS CRABTREE AYE AYE ABSENT II. I 1.,1 I Item #12 Hybrid Academy of Martial Arts Page 2 HENLEY AYE HORSLEY AYE 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 12 for consent. II PUNGO AIRFIELD .c.1 Relevant Information: · Princess Anne District · The applicant requests Conditional Use Permits to allow (1) development of the site for a Recreational Facility of an Outdoor Nature (motor vehicle ra.cing and paintball) and (2) a mulching facility. · The applicant will be making extensive improvements to the site, including the installation of restrooms, a picnic pavilion, resurfacing of access roadways, and the installation of a multi-purpose trail along Princess Anne Road. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition. · Consent agenda 1 ,I I ",t~l~:Dt;'.... ~_~. ~~o":",,,,~'-Jf;~., it *1 't', 4:: . : ,~~t ~ .~: .'w..__.......__- .."~ , \~~"':,,;;~) -...""~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PUNGO AIRFIELD, L.L.C., Conditional Use Permit, recreational facility of an outdoor nature (car racing, paintball) and a mulch facility, 1848 Princess Anne Road. PRINCESS ANNE DISTRICT MEETING DATE: June 9, 2009 . Background: The applicant requests Conditional Use Permits to allow (1) development of the site for a Recreational Facility of an Outdoor Nature (motor vehicle racing and paintball) and (2) a mulching facility. According to the applicant, the site has been used for the motor vehicle racing and 'time trials' since the early-1960s. . Considerations: The site is used for a 'gymcanna' rally course, which is a timed solo car event on a course laid out with traffic cones. The length of time to travel the course is one to two minutes. Typically, 20 to 40 vehicles participate in the time trials. The hours of operation are dawn to dusk, and there are approximately 50 events a year. A staff, consisting of 6 to 8 people, controls the event, and there are no concessions available at the site. The western portion of the site is used for paintball games. A mulching facility is located on the eastern portion of the site, adjacent to the Coast Guard station. Trees are brought to the site, converted to mulch, and-shipped off the site to commercial and residential sites. Research by staff indicates that the activities occurring on the site are operating illegally since there is no evidence of Use Permits or other land use approvals. There was a 1993 Use Permit granted for firewood preparation; however, the current activity does not fall under that category. The property owner was issued a Notice of Violation for the activities occurring on the site. The submitted exhibit plan depjcts two entrances to the site, one from Princess Anne Road and one from Cayman Lane. A commercial entrance will be installed at the entrance to the site from Princess Anne Road. The exhibit plan also depicts a 7.S-foot right-of-way reservation along Princess Anne Road, and a 10- foot wide multi-use trail east of the reservation. The exhibit plan depicts the multi- use trail as asphalt but staff is agreeable to mulch as it is expected that the trail will be mainly used by the equestrian community. A staff visit to the site revealed that the entrance from Princess Anne Road serves the motor vehicle racing and paintball operations. Upon entering the site from Princess Anne Road, one ; I PUNGO AIRFIELD, LLC Page 2 of 3 travels 430 feet on a gravel roadway to the hard surface of the old airfield runway delineated on the plan for the parking area and restrooms. The applicant will re- grade and resurface the gravel road. The gymcanna and solo track are north of the parking area, located on a portion of the runway. The paintball area is slightly west of the hard surface runway in an area that once housed an airplane hangar. Entrance to the mulching facility is via an old runway area off of Cayman Lane (formerly Flanagan's Lane). The mulching facility occupies approximately 10 acres of the site. The various uses are separated by fencing. 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 9-0 with 1 abstention to recommend approval to the City Council with the following conditions. 1. The motor vehicle racing and the paintball operation are limited to operating hours of dawn to dusk. The applicant shall provide to the Zoning Administrator a monthly schedule of events before the events occur. 2. The applicant shall install a commercial entrance meeting Public Works Specifications and Standards at the entrance to the site on Princess Anne Road as depicted on the revised exhibit plan entitled "EXHIBIT OF PUNGO AIRFIELD PROPERTY, PRINCESS ANNE ROAD", dated April 29, 2009, and prepared by MSA, PC. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall re-grade and resurface the approximately 430-feet long gravel roadway to the hard surface r~nway delineated on the submitted exhibit entitled EXHIBIT OF PUNGO AIRFIELD PROPERTY, PRINCESS ANNE ROAD", dated April 29, 2009, and prepared by MSA, PC. The . applicant may use gravel from the commercial entrance to the runway. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. The applicant shall reserve 7.5 feet along the Princess Anne Road frontage such that the ultimate right-of-way of 110 feet, in accordance with the Master Transportation Plan amended 10/12/04, is achieved. 5. The applicant shall install a 10-foot wide multi-use trail east of the 7.5 reservation along the Princess Anne Road frontage, in accordance with the City of Virginia Beach Bikeways and Trails Plan. 6. The applicant shall repair or replace fencing surrounding the property. Category I shrubs shall be supplemented where needed along the fence running parallel to Princess Anne Road. The applicant shall work with the II ..1 PUNGO AIRFIELD, LLC Page 3 of 3 Current Planning staff to determine the appropriate placement of the supplemental landscaping. 7. The applicant shall obtain approval from the Virginia Department of Health for the well and septic systems. 8. The proposed restroom building shall substantially comply with the submitted elevation entitled "Pungo Restroom Facility", dated February 23,2009, which is contained in the staff report. Said elevation has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 9. The applicant shall delineate a minimum of 50 parking spaces on the hard surface runway to accommodate staff, spectators, and participants. 10. The applicant shall delineate pedestrian pathways from the restrooms to the parking area and from the restrooms and parking area to the spectator seating and motor vehicle staging areas. The applicant shall install protection for the spectators and participants along the pathways and in front of the spectator area. 11. The applicant shall remove all inoperative vehicles and equipment, tires, trash, and unusable mulch debris from the site. 12. The site is limited to one non-illuminated monument style sign not to exceed 8 feet in height and not to exceed 16 square feet per face. 13. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy within 6-months of City Council approval of this request. 14. The site shall be inspected for compliance with the conditions listed above annually. Failure to comply with the conditions shall result in revocation of the Conditional Use Permit. . 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 City Manager:~~ lL, ~llY'hz.- , I #20 May 13, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: PUNGO AIRFIELD, llC STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (Recreational Facility of an Outdoor Nature and Mulch Facility) ADDRESS I DESCRIPTION: 1848 Princess Anne Road GPIN: 24131421160000; 24131540580000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 51.1 acres AICUZ: 65 to 70 dB DNL; Sub-Area 2 APPLICATION HISTORY: This item was deferred by the Planning Commission on March 11 to provide time for the applicant to meet with staff to further discuss the issues related to this request. SUMMARY OF REQUEST The applicant requests Conditional Use Permits to allow (1) development of the site for a Recreational Facility of an Outdoor Nature (motor vehicle racing and paintball) and (2) a mulching facility, The application notes that the site has been. used for the motor vehicle racing and 'time trials' since the early-1960s. Currently, the site is used for a 'gymcanna' rally course, which is a timed solo car event on a course laid out with traffic cones. The length of time to travel the course is one to two minutes. Typically, 20 to 40 vehicles participate in the time trials, The hours of operation are dawn to dusk, and there are approximately 50 events a year. A staff, consisting of 6 to 8 people, controls the event, and there are no concessions available at the site. The western portion of the site is used for paintball games. The mulching facility is located on the eastern portion of the site, adjacent to the Coast Guard station. Trees are brought to the site, converted to mulch, and shipped off the site to commercial and residential sites. Research by staff indicates that the activities occurring on the site are operating illegally since there is no evidence of Use Permits or other land use approvals. Th~fe was a 1993 Use Permit granted for firewood preparation; however, the current activity does not fall under that category. The property owner was issued a Notice of Violation for the activities occurring on the site. The revised exhibit plan depicts two entrances to the site, one from Princess Anne Road and one from Cayman Lane. A commercial entrance will be installed at the entrance to the site from Princess Anne PUNGO AIRFIELD, LLC Agenda Item 20 Page 1 I, Road. The exhibit plan also depicts a 7.5-foot right-of-way reservation along Princess Anne Road, and a 10-foot wide multi-use trail east of the reservation. The exhibit plan depicts the multi-use trail as asphalt but staff is agreeable to mulch as it is expected that the trail will be mainly used by the equestrian community, A staff visit to the site revealed that the entrance from Princess Anne Road serves the motor vehicle racing and paintball operations. Upon entering the site from Princess Anne Road, one travels 430 feet on a gravel roadway to the hard surface of the old airfield runway delineated on the plan for the parking area and restrooms. The applicant will re-grade and resurface the gravel road. The gymcanna and solo track are north of the parking area, located on a portion of the runway. The paintball area is slightly west of the hard surface runway in an area that once housed an airplane hangar. Entrance to the mulching facility is via an old runway area off of Cayman Lane (formerly Flanagan's Lane). The mulching facility occupies approximately 10 acres of the site. The various uses are separated by fencing. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Abandoned military airfield, currently being used for a mulching facility on the northern portion of the site, and a recreational and amusement facility of an outdoor nature, speCifically paintball and motor vehicle racing, on the remainder of the site. SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: . Cayman Lane (formerly Flanagan's Lane) . Across Cayman Lane are single-family dwellings and Ashville Park / AG-2 Agricultural and PD-H2 (R-30) Planned Unit Development . A restaurant / AG-2 Agricultural . Coast Guard Station / AG-1 Agricultural . Princess Anne Road . Across Princess Anne Road are single-family dwellings / AG-2 Agricultural The site is an abandoned military airfield. Much of the site is covered with impervious runway areas. The perimeter of the site is wooded. There do not seem to be any significant natural resources or cultural features associated with the site. As the site is a former military airfield, there may be hazardous materials in the soil. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Cayman Lane (formerly Flanagan's Lane) north of this request is a two-lane undivided local street. This roadway is not included in the Master Transportation Plan. Princess Anne Road in this vicinity is a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes an undivided roadway with a bikeway within a 100-foot wide right-of-way. This section of roadway is also classified as a buffered roadway within the Transition Area. A Capital Improvement Program project is programmed for this area. Princess Anne Road (Transition Area Network) - CIP 2.500 is for the PUNGO AIRFIELD, LLC Agenda Item 20 Page 2 i I reconstruction of a two-lane undivided roadway from Sandbridge Road to Indian River Road. This project includes landscaping, aesthetic enhancements, multi-use paths, and bike lanes. Currently, this project is on the "Requested But Not Funded" project list. Comments - Public Works / Traffic Trip generation could not be calculated for this site. Most of the uses proposed for this site are primarily special event type uses where traffic associated with the site would vary dependent on the event and time of day. In most cases, events such as these do not occur during the peak hour of travel and, therefore, have less of an impact to the surrounding roadways. The mulching facility is not considered a special event use, but there is no professional engineering study data available to calculate a trip generation for this use. Barring trip generation information, Traffic Engineering has not received any complaints on the existing site. Comments - Public Works / Engineering A dedication of 7.5 feet is required such that the ultimate right-of-way of 110 feet, in accordance with the Master Transportation Plan amended 10/12/04, is achieved. Comments - Parks and Recreation A 10-foot wide asphalt multi-use trail shall be developed along the Princess Anne Road frontage of the site. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Cayman Lane 396 ADT 1 9,900 ADT Existing Land Use z:"" 513 (Flanagan's Lane) ADT Proposed Land Use 3 - see Princess Anne 8,359 ADT 1 5,000 ADT comments above Road T Average Daily Trips 2 as defined by 51.1 acres of agricultural property WATER and SEWER: City water and sewer are not available to the site. The applicant shall obtain the approval of the Virginia Department of Health for well and septic systems. PUBLIC WORKS / STORMWATER: The entire operation should be assessed and brought up to standards to meet current Stormwater Management Criteria. PERMITS AND INSPECTIONS: Construction details for the restroom building, indicating compliance with the Americans with Disabilities Act (ADA) and the AICUZ of 65 dB DNL sound attenuation, are required. Virginia Department of Health approval for the septic and well systems is required. A commercial entrance onto the property meeting Public Works Standards is required. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION PUNGO AIRFIELD, LLC Agenda Item 20 Page 3 ,I I, "I Comprehensive Plan: The Comprehensive Plan map designates this area as Princess Anne / Transition Area. The site is just north of the Pungo Center destination center as depicted in the Comprehensive Plan (p. 143). This area offers unique and valuable outdoor recreational and open-space opportunities. The site is also a valuable part of the greenway system that will link all parts of the City, as depicted in the City's Bikeways and Trails Plan. The Pungo Crossing Plan, prepared by the Urban Land Institute, but not adopted or approved by City Council, depicts this site as suitable for an outdoor arena "that could host festivals, equestrian events, perhaps a rodeo, carnivals, and auto and truck events" (p, 11). Evaluation: The requests for Conditional Use Permits for a Recreational Facility of an Outdoor Nature and Mulch Facility are appropriate subject to the conditions listed below. The site is an abandoned military airfield, which was purchased from the United States Government by a previous property owner on February 3, 1960. The site was zoned R-M Multiple-Family Residence at that time. Much of the site consists of the impervious cover of old airplane runways. Environmental concerns would have to be addressed if the site is developed with any agricultural or residential uses. . The applicant states motor vehicle racing has occurred on the site since the early 1960s. The site was reclassified from R-M Multiple-Family Residence to AG-1 and AG-2 Agricultural in August, 1986. The site was approved for Conditional Use Permits on April 22, 1968, for a fairground, and on August 10, 1993, for a firewood preparation facility. The Conditional Use Permit for the firewood preparation facility was limited to a 2-year period. The applicant desires to continue using the runways for the motor vehicle racing and mulching operation, and the area of the old hanger, now demolished, for the paintball facility. The applicant proposes to install restroom facilities for the uses. Staff recommends approval of the request subject to the conditions listed below. CONDITIONS 1. The motor vehicle racing and the paintball operation are limited to operating hours of dawn to dusk. The applicant shall provide to the Zoning Administrator a monthly schedule of events before the events occur. .2. The applicant shall install a commercial entrance meeting Public Works Specifications and Standards at the entrance to the site on Princess Anne Road as depicted on the revised exhibit plan entitled "EXHIBIT OF PUNGO AIRFIELD PROPERTY, PRINCESS ANNE ROAD", dated April 29, 2009, and prepared by MSA, PC. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall re-grade and resurface the approximately 430-feet long gravel roadway to the hard surface runway delineated on the submitted exhibit entitled EXHIBIT OF PUNGO AIRFIELD PROPERTY, PRINCESS ANNE ROAD", dated April 29, 2009, and prepared by MSA, PC. The applicant may use gravel from the commercial entrance to the runway. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 4. The applicant shall reserve 7.5 feet along the Princess Anne Road frontage such that the ultimate right-of-way of 110 feet, in accordance with the Master Transportation Plan amended 10/12/04, is PUNGO AIRFIELD, lLC Agenda Item 20 Page 4 i I I achieved. 5. The applicant shall install a 10-foot wide multi-use trail east of the 7.5 reservation along the Princess Anne Road frontage, in accordance with the City of Virginia Beach Bikeways and Trails Plan. 6. The applicant shall repair or replace fencing surrounding the property. Category I shrubs shall be supplemented where needed along the fence running parallel to Princess Anne Road. The applicant shall work with the Current Planning staff to determine the appropriate placement of the supplemental landscaping. 7. The applicant shall obtain approval from the Virginia Department of Health for the well and septic systems. 8. The proposed restroom building shall substantially comply with the submitted elevation entitled "Pungo Restroom Facility", dated February 23,2009, which is contained in the staff report. Said elevation has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 9. The applicant shall delineate a minimum of 50 parking spaces on the hard surface runway to accommodate staff, spectators, and participants. 10. The applicant shall delineate pedestrian pathways from the restrooms to the parking area and from the restrooms and parking area to the spectator seating and motor vehicle staging areas. The applicant shall install protection for the spectators and participants along the pathways and in front of the spectator area. 11. The applicant shall remove all inoperative vehicles and equipment, tires, trash, and unusable mulch debris from the site. 12. The site is limited to one non-illuminated monument style sign not to Elxceed 8 feet in height and not to exceed 16 square feet per face. 13. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy within 6-months of City Council approval of this request. 14. The site shall be inspected for compliance with the conditions listed above annually. Failure to comply with the conditions shall result in revocation of the Conditional Use Permit. 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. PUNGO AIRFIELD, LLC Agenda Item 20 Page 5 AERIAL Of SI1E LOCA liON - PUNGO A\RF\E.LO, LLC Agenda \tem 20 Page 6 II ~ 1 tr-' E Q) a. o s.. 0.. "'C "i ~ <] ~ III . o co "5 c II ';l:; be ~ : v c: .. .!! i-'Bc .- .." c "il ~0..;t5 c c .2 i 1/ oo.c .. <:3:: ~ 'l'N 00: ~"'-t 8 "': ~~ '711 ~~~ ~6 \1:........ :~I.:.. ~ " . <: rf1 1 ~ l i~1 I~~: I. to . I .1 din. jt1 J IIUI' S2.~ HI' ~j lidf ~ 1 tJlt' ~ ~ 1111' j jll' j II H PROPOSED SITE PLAN ... ftl... 551 OJ.5=> ~....;oj Nl 0.1i lit <z .s ~~!5: ~ 0 CI)<iI(:l lid: """""",... -... .1 -- -... I . -.... -... /l-"!~"~I".i! ~- ri / / / i i.-~ /' I -. ~t'! ! ' 1 / II H ~' ;.,..-t/.f' , 4' -' IIi I. ,;' '., . ft' ~/ ....... I I r- r !~-~ ..,---:-~' ...J- I ....... , l ....... PUNGO AIRFIELD, lLC Agenda Item 20 Page 7 \ '~ . , #. , I' ... ..- ( ",'" ,,~ , ,1 I i \ t i , , ,I ~ $ '\'. , f \ \ . ~ ~~\\;~, ' , ~ '\' '." \' ~ .'~, ~"" ' ,. ~ ;. ->< \ 1 t \., t \, j . \, ~': ;: ;,,, : " , '; ~' ,,-' ~ \ '\ , ' \ \ -" ~ " \. - \\ t ~ hJ\;" " ~ \\' .' \ '\ ' ',~', ~ ", :';'. ~ '\" "'\ '\''l. ~ :,~ \ \ "~ \ ", . . \ \, . \, \ i <\ . '.~ \, " . \'" , " ,\, \.. " .'1' \ NG . ., eU\\"'O\ ~ sEO f PROPO E.LO. L~ NG 0 J',\Rfl I\em ' OpJl>.'N\ PuNGO Menda pag' i I ".1 1. 8/10/93 Conditional Use Permit (firewood prep facility) Approved 8/86 Re-c1assified (A-1 Apartment to AG1 & AG-2 Agricultural) Approved 4/22/68 Conditional Use Permit fair round A roved 2. 2/24/03 Street Closures; Subdivision Variances; Rezoning (AG1 & Approved . AG-2 Agricultural to PD-H2 Planned Unit Development (R- 30 Residential 3. 3/28/95 Street Closure A roved 4. 7/3/89 Conditional Use Permit A roved 5. 12/9/97 Conditional Use Permit Ap roved ZONING HISTORY PUNGO AIRFIELD, lLC Agenda Item 20 Page 9 1\ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant [$ a corporation, partnershrp firm busmess or other unincorporated orgamzation. compiete the following. 1 List the applicant name foHowecl by the names Of all officers members trustees fl3rtners etc. beiow (Attach list if necessary) ~~---Di~L--------=- 2 List aH businesses that have a parent-subsldlary1 or affiliated bUSiness entity' relationship with the applicant: (Attach list if necessary) ~~'~'~'_".__________'''__ _,,~_,,_~_._ 'W""""'_"'___'_ ,_._,__m__Y"'_'_"~."'__"." '''_______~~"..........._"'_~'m ...._...._"'."_.n"._m~.~.._",._..____~____"_...___ ..~~--'- o Check here if the applicant is NOT a corporation partnership firm busmess Of other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only If property owner is different from appltcant. If the property owner is a corporation, partnership. firm business. or other unincorporated orgamzation complete the followmg. 1 Ust the property owner name followed by the names of all officers. members trustees partn"ers. etc. be!ow: (Attach list If necessary) ;: LIst all businesses that have a parent-subsidlari or affll!ated business entity? relationship with the applicant (Attach list if necessary) --~,_._...__.....~ ....__.__.~...._._._.,~--_..~_.~_._.~-_._.-...-----._._.-.-._.~- o Check here if the property owner IS NOT a corporatlon partnership flnn. business or other umncorporated organization. r See next page tor fc.otnotes Does an offiCial or employee 0 e City of Virglf1la Beach have an interest rn the sublecl land? Yes _.._ No If yes. what IS the oalne of the fficial or employee and the n8tt!!e of therr Interest? ...........^'""'_.._,.~_~~_~~~,____...._.~~___~.~__,.^~....~_._".>T,.,....,___..~^.._,__.,.._~~__~ :'-OOCdtDfVll :..,}~) PerrHf! >':;"pp~f(:.'lY~'O~ \.i of "? 'b2'.Kl/ II I I z o . I ,~ ,< t...) I I . 1 ~ ~ f--4- ~ ~ r". ~ CI::J ;:::.J ~ o I I I · . I ~ Z o t...) PUNGO AIRFIELD, LLC Agenda Item 20 Page 10 II z o t . ~ U I I ~ ~ ~ f-4 ~ ~ r--. ~ ~ ~ ~ o I . f-4 . f Q Z 0- u DISCLOSURE STATEMENT 11 '"1 ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have or will provide services with respect to the requested property use includmg but not limited to the provld€,rs of archltectural services real estate services financial services. accounting services and legal services. (Attach list if necessary) __Sibh \ ?~. _,m_,"""""_'_~~~W"'~^""""_~___~"__,,~__,__,_, ,.,-_.._.________~.____.~.~..._.._,~~_W^~W__"'..~.._~.~..___ "Parent-subsidiary relallonship means a relationship that exists when one corporation directly or incilrecHy owns shares possessing more than 50 percent of the votmg power of another corporation." See State and local Government Confhct cf Interests Act Va Code S 2 2-3101 , Affiliated business entity relationship' means "a relationship, othe'" than parent- subsidfary relationship that exists when (Ii one busmess entity has a controllmg ownership mterest In the other bUSiness entity. (it) a controHing owner In one entity is also a controlling owner in the other entity or (iil) there is shared management or contl'Ol between the bUSiness entities. Factors that should be con sJdered m determining the existence of an affiliated business entity relationship tnc!ude that the same person or substantially the same person own or manage the 1\\'0 entIties: there are common or commmgled funds or assets, the business entities share the use of the same offices or employees or otherwfse share actlvitie~L resources or personnel on a regular basis; or there is otherwise a close wO"king relationship between the entities." See State and l.ocal Government Conflict of Interests Act Va Code S 22-3101 CERTIFICATION: ! certify that Hie Information conta!noo herem .s true and ac';urate ! unclerstand that upon receipt of notlficalron ipostcard) that the appifcalion has been scheduled for public hearing I am responSIble for obtaining and poshng the reqlJlred Sign on the subject property at loast :)0 oajis Orlor to the scheduled public hearmg according to tJle Instru,:tions ,o-;:hls paci<.age The underSigned also consents to entry upon thf,l.St1bjecfP7aperty b~ employees of the Department of Planning 10 photograph an~vtev.; the SI~for pUfj)O$e8 of processmq and evaiuatmq thiS application --.- \;Ja\;!>-~~::L~~ S Pnnt Name ~" , n Property Owner s Signature 'If ddferent than app!lcant) ~n~:dlllOfial USJ? PerrnA F>age 01 '1 n RIMSOO 7i3l1.\;D? PUNGO AIRFIELD, LLC Agenda Item 20 Page 11 I, I I Item #20 Pungo Airfield, L.L.c. Conditional Use Permit 1848 Princess Anne Road District 7 Princess Anne May 13, 2009 CONSENT Joseph Strange: The next matter is agenda item 20. An application Pungo Airfield, L.L.c. for a Conditional Use Permit for a recreational facility of an outdoor nature (car racing, paintball) and a mulch facility on property located at 1848 Princess Anne Road, District 7, Princess Anne, with fourteen conditions. Billy Garrington: Thank you Madame Chairwoman. Ladies and gentlemen of the Planning Commission, for the record, Billy Garrington, here on behalf of the applicant Mr. William Thummel. Mr. Thummel is also in attendance. Members of the Planning Commission, Mr. Thummel and I were in the informal session. We have been given a copy of the fourteen (14) revised conditions. I would like first of all, to personally thank Faith Christie and your Planning Director, Mr. Jack Whitney, for giving us a lot oftheir time and a lot of their efforts to come up with these fourteen revised conditions that we have in front of you today. We're in total agreement with those 14 conditions. I would like to point out to the Commission members that Mr. Thummel also has a written agreement with every person who participates on this property. There is a section in that written agreement that prohibits the use and possession of alcoholic beverages. I know that is hard to enforce, but Mr. Thummel is doing everything he can to make sure that is not an issue, mostly for his own liability purposes. We heard you discussing that in the informal session, and although that is not a condition that is in this Planning Commission agenda, he has taken the step and that is part of the written agreement with all of his participants. We thank you very much for putting us on consent agenda, and again we can't thank Ms. Christie and Mr. Whitney enough for their help in getting it this point. We thank you very much. Joseph Strange: Thank you. 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 address is 1848 Princess Anne Road, downtown Pungo. The applicant requests Conditional Use Permit to allow development of the site for a recreational facility of an outdoor nature (motor vehicle racing and paintball), and a mulching facility. Currently, the site is used fbr "gymkhana" rally course, which is a timed solo car event on a course laid out with traffic cones. The length of time to travel the course is one to two minutes. Typically, 20 to 40 vehicles participate in the time trials. The hours of operation are dawn to dusk, and there are approximately 50 events per year. A staff, consisting of 6 to 8 people, controls the event, and there are no concessions available at the site. The western portion of the site is used for paintball games. The mulching facility is located on the eastern portion of the site adjacent to the Coast Guard Station. Trees are brought to the site, converted to mulch and shipped off the site to commercial and residential uses. The revised exhibit plan depicts two II , Item #20 Pungo Airfield, L.L.c. Page 2 entrances to the site, one on Princess Anne Road and one from Cayman Lane. A commercial entrance will be installed at the entrance on Princess Anne Road. Entrance to the mulching facility is via an old runway area off of Cayman Lane, formerly Flanagan's Lane. The mulching facility occupies approximately 10 acres. Staff recommends approval of this application, and therefore the Planning Commission has placed this on the consent agenda noting the fourteen conditions. Thank you. Joseph Strange: Thank you AI. Madame Chair, I have a motion to approve item 20. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. I'm going to abstain from item 20. My firm represents the applicant on that matter and on several other matters. AYE 9 NAY 0 ABSl ANDERSON ABS BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS -AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of9-0, with the abstention SQ noted, the Board has approved item 20 for consent. II MANNY VARELA Manny Centres B-2 (5) ~ 1" i.m~.Z\. AU. CUP for Automobile Repair Establishment Relevant Information: · Beach District · The applicant requests a Conditional Use Permit to allow development of the site for a 7,575 square foot automobile repair establishment. · The site is currently a surplus paved parking area associated with a building on the larger site. Modifications to the existing parking and drive aisles will be done to accommodate the proposed building. · Existing landscaping and trees will be preserved and additional landscaping will be installed to enhance the aesthetics of the property. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition · Consent Agenda I I, ~......... r5~~\;r~z:]~, (~~ . -="'--"~~' \~~::::;:;.) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MANNY VARELA, CENTRES BFS NORTHEAST, LLC Conditional Use Permit, small engine repair, 1531 General Booth Boulevard. BEACH DISTRICT MEETING DATE: June 9, 2009 . Background: The applicant requests a Conditional Use Permit to allow development of the site for a 7,575 square foot automobile repair establishment. The proposed business specializes in the retail sales, installation, service, and repair of automobile tires. The business will also offer light automotive services including tune-ups, lube and oil changes, cooling systems flushing, filling and repair, electrical work, wheel alignments, and suspension repair and replacement. . Considerations: The site is currently a surplus paved parking area associated with the building on the site. Modifications to the existing parking and drive aisles will be done to accommodate the proposed building. Existing landscaping and trees will be preserved and additional landscaping will be installed to enhance the aesthetics of the property. Typical hours of operation are 6:00 a.m. to 8:00 p.m. Monday through Friday, 7:00 a.m. to 7:00 p.m. Saturday and 9:00 a.m. to 5:00 p.m. Sunday. The number of employees will range from 8 to 10. . The use proposed by the applicant is compatible with adjacent uses. Also, the applicant has limited the store hours are restricted all work to the inside of the building. Staff has also recommended several conditions to be included with this use permit that will help maintain the aesthetic quality of the site. 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 9-0 with 1 abstention to recommend approval to the City Council with the following conditions. 1. The site shall be developed in substantial accordance with the site plan entitled "Proposed Firestone Tire Center Virginia Beach, Virginia," dated , I MANNY VARELA, CENTRES BFS NORTHEAST, LLC Page 2 of 3 9/22/08 and prepared by Wolverton & Associates. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 2. The landscape shall be developed in substantial accordance with the landscape plan entitled "Proposed Firestone Tire Center Virginia Beach, Virginia," dated 9/22/08 and prepared by David Albright & Associates, Inc. A copy of this landscape plan has been exhibited to City Council and is on file in the Planning Department. 3. The building shall be developed in substantial accordance with the architectural elevations entitled "NEW FCAC STORE "ER2007" RIGHT HAND GENERAL BOOTH VIRGINIA BEACH, VA" and prepared by Kent D. Hamilton, A.I.A.. A copy of the elevations has been exhibited to City Council and is on file in the Planning Department. 4. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. 5. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon signs or accents shall be permitted in or on the windows and/or doors of the building. 6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 7. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 8. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All lighting shall be directed inward and downward within the site so as to eliminate glare onto adjacent properties and rights-of-ways. 9. No outdoor storage of auto parts or tires is permitted. All work must be performed within the building. I MANNY VARELA, CENTRES BFS NORTHEAST, LLC Page 3 of 3 I, I I 10. There shall be no vehicles in an obvious state of disrepair located on the site. . 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 City Manage~ ~ .Cs(fa\>7L ; I Manny Varela Centres cur for Automobile Repair Establishment REQUEST: Conditional Use Permit (Automobile Repair Establishment) #23 May 13, 2009 Public Hearing APPLICANT: MANNY VARELA, CENTRES BFS NORTHEAST, LLC PROPERTY OWNER: STEPHEN H. KNIGHT, K.T.I., LC STAFF PLANNER: Karen Prochilo ADDRESS I DESCRIPTION: Property located at 1531 General Booth Boulevard. GPIN: 24155621610000 ELECTION DISTRICT: BEACH 6 SITE SIZE: 46,588 square feet AICUZ: Greater than 75 dB DNL APPLICATION HISTORY: This application was heard on April 8, 2009 by Planning Commission. At the hearing, there was a request by a representative of the owner of the adjacent mini-storage to have this application deferred. The adjacent mini-storage owner claimed to have not been contacted by the property owner or the applicant regarding this proposal, and the mini-storage owner had some concerns. The mini- storage relies on an easement for access to the site and the mini-storage owner wanted confirmation that the access easement was remaining in the same location, a dumpster near the mini-storage entrance would be relocated, and that the overhead doors to the automobile establishment would be screened from General Booth Boulevard. The application was deferred after presentations from both parties. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a 7,575 square foot automobile repair establishment. The proposed business specializes in the retail sales, installation, service, and repair of automobile tires. The business will also offer light automotive services including tune-ups, lube and oil changes, cooling systems flushing, filling and repair, electrical work, wheel alignments, and suspension repair and replacement. Typical hours of operation are 6:00 a.m. to 8:00 p.m. Monday through Friday, 7:00 a.m. to 7:00 p.m. Saturday and 9:00 a.m. to 5:00 p.m. Sunday. The number of employees will range from 8 to 10. The site is currently a surplus paved parking area associated with the building on the site. Modifications to the existing parking and drive aisles will be done to accommodate the proposed building. Existing MANNY VARELA, CENTRES BFS NORTHEAST, LLC Agenda Item 23 Page 1 I II I I landscaping and trees will be preserved and additional landscaping will be installed to enhance the aesthetics of the property. LAND USE AND ZONING INFORMATION EXISTING lAND USE: Additional commercial parking area for adjoining property SURROUNDING lAND USE AND ZONING: North: South: East: . Night Club / B-2 Community Business District . Mini-warehouse storage facility / B-2 Community Business District . Across General Booth Blvd retail and restaurants / B-2 Community Business District . Single-family homes / R-5D Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is developed with paved parking. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): This portion of General Booth Boulevard is a six-lane minor urban arterial. This roadway segment is included in the City's 2008 Congested Roadways list; meaning the current traffic volume exceeds the capacity of the roadway. There are currently no CIP projects for this section of General Booth Boulevard. The Master Transportation Plan indicates a future right-of-way width of 165 feet containing a divided highway with bike path, controlled access, and scenic buffer. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume General Booth 51,000 ADT 34,200 ADT (Level of Existing Land Use ~ - Boulevard Service "D") Capacity 550 ADT 41,900 ADT 1 (Level of Proposed Land Use 3 - Service "E") 300 ADT Average Daily Trips 2 as defined by 1 acre, B-2 zonil]g 3 as defined bv 7,600 SF auto service center Traffic Engineering to provide detailed comments on the proposed site layout at the site plan submittal stage. WATER: This site must connect to City water. There is a 20-inch City water main in General Booth Boulevard, MANNY VARELA, CENTRES BFS NORTHEAST. LLC Agenda Item 23 Page 2 II I SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #128 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City sanitary sewer in General Booth Boulevard. A 42-inch force main runs north to south on General Booth Boulevard. FIRE: No Fire Department comments at this time. STORMWATER: An oil-water separator maybe required to tie into one of the four sanitary sewer manholes on the property. Recomme.ndation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION 'Comprehensive Plan: The Comprehensive Plan states that infill development occurs on defined parcels or tracts of land that are surrounded by an established arrangement of land uses of similar character. Land uses proposed for infill sites as well as their density, material, height, setback, yard area, and other design considerations should complement and reinforce the predominant physical character of the surrounding area. More detailed guidance may be found in the Community Appearance and Design chapter of this plan (91). This commercial development is an attractive infill solution to the commercial strip area contiguous to the property. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Evaluation: The applicant has been in contact with the adjacent mini-storage owner and revised their site plan to relocate the dumpster away from the entrance of the mini-storage. The revised site plan and architectural elevations show a development that will be compatible with the adjacent commercial uses. The materials and colors on the building are complementary to the mini-warehouse facility and neutral in comparison to the adjacent nightclub. Staff concludes that the proposal submitted by the applicant meets the intent IOf General Booth Boulevard Corridor standards. The use proposed by the applicant is compatible with adjacent uses. Also, the applicant has stated that the store hours are limited and that all work will be done within the building. Staff has also recommended several conditions to be included with t~is use permit that will help maintain the aesthetic quality of the site. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The site shall be developed in substantial accordance with the site plan entitled "Proposed Firestone Tire Center Virginia Beach, Virginia," dated 9/22/08 and prepared by Wolverton & Associates. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 2. The landscape shall be developed in substantial accordance with the landscape plan entitled MANNY VARELA, CENTRES BFS NORTHEAST, LLC Agenda Item 23 Page 3 I, "Proposed Firestone Tire Center Virginia Beach, Virginia," dated 9/22/08 and prepared by David Albright & Associates, Inc. A copy of this landscape plan has been exhibited to City Council and is on file in the Planning Department. 3. The building shall be developed in substantial accordance with the architectural elevations entitled "NEW FCAC STORE "ER2007" RIGHT HAND GENERAL BOOTH VIRGINIA BEACH, VA" and prepared by Kent D. Hamilton, A.IA. A copy of the elevations has been exhibited to City Council and is on file in the Planning Department. 4. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. 5. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon signs or accents shall be permitted in or on the windows and/or doors of the building. 6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street Jevel view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 7. The trash enclosure shall be screened with a solid wall .to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 8. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention through Environmental Design (CPTED) principles and practices. All lighting shall be directed inward and downward within the site so as to eliminate glare onto adjacent properties and rights-of-ways. 9. No outdoor storage of auto parts or tires is permitted. All work must be performed within the building. 10. There shall be no vehicles in an obvious state of disrepair located on the site. 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. MANNY VARELA, CENTRES BFS NORTHEAST. lLC Agenda Item 23 Page 4 , I AERIAL OF SITE LOCATION MANNY VARELA, CENTRES BFS NORTHEAST, LLC Agenda Item 23 Page 5 ...._.IooU_...- 1_....,...-'- CII;~ ~,~\ ~; ~,~ \ J\~L ~ I I t :1 ~. I I \ I I I I I \ I t--- I I \ I I \ I I \ I I I ~800TH -=~. unlI! ., i \ ~n .,,, t'l' .., ~ !O, ~'J\qt\'l ~~~~~~~ i~ ~H\ if Ii ~ ~ ~\.\ ~.l ~~l '.'. __-" "1 I !llml \~i~itH ~ji'''~~~:pl ;~\ \~ ~ U \ \",I~ .;'!~l~i'\ h~i..\~q~~ ;~ f nq pil ~~~~). \ \ t~~\i\ \\~~;\d~~.\ i i ~. !llljAI \' \ ~i ~h \ i !~~ ~ i } ~ ~ ~1 ~ I I I \ it . ~"~]iJti'i ~ I i ~l \I i '~~\Hi ~it 1 . i\~\i \~PUi,q . (/) \~ II. €>~6~ €>@oe000@)0e 0 :~~aill~i : _I~ \ H qp.p.i \ P ii'~! ~a \; t!a~! is '.iihi 'i1p!!.qilh.h-J 'c "n,ll! ~~.t." ii;.. i d f\l U \ \ p~ n~ ~\~.5~! 1111 i ~"..c \11" H. U\ ~.l ~ , ' ~ ~ln ~ ~ ~p~~ 1 ~~ .... .~ ~. . . ~ I I l I' .1, ..1 I ",' lii Z \ \ i nH\ ~ \ q Ii \ it r. !: t h\~~.~;: 'I' ~: qH\ ~. i H t ~ d S~ Ii !~~iUi~ -" H\iqt \' 'r' , ." ,~~,,~~ ".~"."I"" .;;~d \ 1 I ()..~~~H \ ! \ Pt.JoaI - W01verto~ AI_i.tel . \ \ i pROPOSED FIlESTONE TIRE cEl'lTER , ~ Il \i \i ,_',l \ 'lfl9HA BEACH. Vf\GItA :",0-.'"',.'.,'<1'1::"41,......... tH<<~",""'~" BV. CENTRES t.c. ~ ,_"".d'-''''-O \ -\ !! MIAMI. flORIDA 33158 w.""'<'''-...".~,',.-''''''''\ REVISED SITE PLAN MANNY VARELA, CENTRES BFS NORTHEAST, lLC Agenda Item 23 Page 6 \ \ \ I I \ q~ ",," , \ ~ \ \ \ ,;I,~ ;:;. ~\~\\\ ,~~ ..." 4.~ 1t ; :~~ >;t lL, f~d ~~" ~ :~l~~~ ~ ~,~ * r. 1- . ., , ~ ~ ~ ::i - \ , \ \ \ \ t 1 - ~~ ""u~~J \ I \ \ \ \ I .. if'''~ ... ,A ~ ~~ ~.t~ \~i\Y. \N\'T\"'- s\'TE p\Jl-N M/>.NN'f V />.RE.L/'.. CE.NiRE.S af'S NORil-lE./>.Si · LL( Agenda \tern 2, page ",!.;:.;J':~.""""'" "'U'~ ~~V\ \~ !t~ \ j\ Wl t\}>..' &\ n\- (i' 0 ... 0 n ':p'~ ~, \ . " , \ ~ \~ . \~ , \0 \ \(f) -..,\0 . .~ ~~ \ 'i. \". .\ \ ~ \"'0 -,- I ~ \tn '~ , \". 'z \ \\\ '!\ \' ~ \ ~~ \ t.i& .&~ i~"'" ~~~i\~ r ~~..~ If \ . \ l\ .... C'" \5)\ r\ 'f"\ Wl.~ \ \\ \' ( ,.\, \ ~\~ \' I t,'.,..v1. \ \ - J/" \ '-\ ;:ry\ \ l~.. \ 1 '\\,V ~I' ^" .~:\ 1 I "1\ ;1 ..\:ll ..'"' ...0 'ii \ .~\ ~ . ,i 'IO! lit \ "I __~\2:~ _J-- GENERAL BOOTH B '= ~.;":""''''.,guu:v ARC ~......~l \ \I~~:::- \ \\~:'.o.CA \ \ \ ~ ~\ f\.oRID~ 35156 ~ _ I, \',.,",.\ H \ , \\ . \ \ ~ t\'iI~.,,1. ,t. \fl fl \ . '\t I.,j \,," \ PROPOSEO~NOSCAPEP~N ." ,,'':i 'IJ f>,.RE.LA CE.NiRE.S efS "'OR1\-1E./>..S1 · \..~ "...."". f>,.\lBncla ItelR · pagE ~~ ~ ~~ 51 .d ~ :J co ~ \ ~nnu\\\\n\ ~ t l\\\\~ \~ H'l u ~ dJ ;j'OhlU 'i l 1 I;' 'In::r:: \~ ~ ..--------..--..- ~f, :o.c .. '3~ t! : ~~it L'" ~..J n . tl:t ~ " h ~~ ~l / / ~ f~ ~i -'-'-.'-- \ .--' I .'\ \ ~,t. '4 ~Ui 't -, l~t ~;\ !~. ." -"~.,,.. % 9 ,." ; .,~ ~ ~~ ~ , it; ~" ~ ,\-,- "f~~':~ ~ 'It, ~ .. ~'>~.~~ -( fO" l: '.' .....he 'i- '1J.~.l :~._ '~~ '.~~!,.l:'.' ~l. ,,~ Il." ~.. ..... ~ "'~ ,. '4'" ~ ~ ~ ;,a '" -.........""".... 'i w ::>. :::)~ z-" ~~ ~\ :a; \i .. ~~t rl~ t '- -:= "0 ~- ~l li-' 'j1t~ 'Z. o ~i ~ ~r GJ, ~z ..J ~l ~ :i:, w" o~ iJ\~ '8i . " /~ \~ i~t1 !t~t .. .:~ .. ~: ~ ;\'.i ,~~~ U\i ... " """ " t.t. nh~ z c ~ ~ w di ~ ~~ ",'~ ;;:;- ",- "'~ '7 C ~ '" "" ;:i '" '-, r- ;>a \h', -''; '" 6~ "'. /1, ' ,,~ ul ~l i~ ;~; ':i l1~~ ,\? ,~ l!. ~l i~\. ,~ ,.., d _, ".< o~'* i~i ~t< lis :l.~" PROPOSED BUILDING ELE"A1IONS MANNY VARELA. CENTRES BFS NORTI-lEAST. LLC Agenda item 23 page 9 II B-2 (5) n 1 U ,fflL.r,. If.V. CUP for ALltom<?bile Repair Establishment 1 1 0/09/05 Conditional Use Permit (mini-warehouse) Granted 2 .1 0/09/01 Conditional Use Permit (mini-warehouse) Granted 3 06/06/02 Modification of Conditions (mini-warehouse) Granted 4 02/24/86 RezoninQ from AG-1 to B-2 Granted 5 11/22/94 Conditional Use Permit (communication Granted tower) 6 01/22/02 Subdivision Variance Granted 7 06/08/01 Conditional Use Permit (Gas & convenience Granted store) 8 02/13/78 Rezoning from AG-1 to B-2 Granted 9 06/14/94 Conditional Change of Zoning from A-12 to Granted B-2 ZONING HISTORY MANNY VARELA, CENTRES BFS NORTHEAST, LLC Agenda Item 23 Page 10 II ":<:~:=:~~~':':';"'~-:::'~ APPLICANT DISCLOSURE If the applicant is 11 corporation pa!tnersh1p, firm business or otl,er organization complete the fo1lowing i. List the appilcant name followed the names nf all o!ficens members trustees ete below I Attdch list if ne(~essary f Ccnlnrs EF'3 ~.,"hels1 lLe F:o; .:tJ L!m:leJ Lid/lilt; ..;Gil' ., '<el;!'lelh 8 i< " - . '" ._._,'~" _...... -"""^",,_,~_______,"'_'~_'.'~'n_.~.__"_._,,.._~~__m,_....__. _ _.. ~~_._""...._"'_"'_"_,___ .''''_^'~_..,____._ Gf)ntn; (" '. J V\.i1>.C:.TF:T'1 ~';.YF:,;'rnt:rn - nl?'n,c~]f'r 2. List all tJUSlnesses that have a parent-subsidiary or affiliated busmeSE, relationship With the applicant: list if necessary' ---------.----",~,,-y.y-~.--.-.......-..--.,~..- ..-.,,-;-....--....---.---..... "._._.,~.._"._____ '._ _._~.,.m~_v~._____~_~~._____.",.A__.'_'__. o ChHd<: rH'~re If the apph:::Bnt IS NOT a other unincorporated organization. parlnPlsnp firm [) Isness 01 PROPERTY OWNER DISCLOSURE r/-ns .sectron only- if property o\tvner ''$ dlfferenf ft'.)rn If the property owner is a corporation partnership firm business other organization complete trle fO!!OWH1!J 'I Li~;f the owner narne fcHowed by the names of a I officers members. trdstees efc below: !1st d r;ec:essary} i<':T.~. ...c _ttT'nl0d Uabi!ltl C0rnpar~'l F):eB~'~f:> ~~f--lp dtta<.t'ie-d ,.,...--.".--.- ---~. ~_...."-~-~---~~--~,,,,-,, -..----.-~-,-.--.-.- ----------.-r..-.--.-....~.-.__._--""<- .~^W,_._,.,.,_._~ oJ ( , .__,Y<",___....~ _.,_.__..A___,....-JIi.-- 2. L.ust aB bUSinesses that have a parent-subs~dlafy oraffr!.l.ated business entlty'" with the applicant: (Attach list ;f ne~ess'1rv) rn Check rlere if the property owner !5 NOT a corporatloro pdrtnr,:rstllp firm. busiI1ess or other unmcorporated orgamzatlon :;m,._~. o ~i:">E~ fer rcotrFAe'S Does an offiCIal or employee of the City of Virgmia Beach have an mterest in the subject land? Yes __ No ~__ If yes what IS the flame of the official or employee and the nature of their interest? z C> I << !< u J C ~ ,::L.c ~ f--c ~ ~ ,::L.c ~ r::I'j ;::::> ~ C> >> I f--c I . ~ Z C> u MANNY VARELA, CENTRES BFS NORTHEAST, LLC Agenda Item 23 Page 11 z o J . ~ U t I b~ ~ F-c ~ g: ~ ;:::::> ~ o I t f--4 I . ~ Z o u II "I ~._-,.."'~--....~~-~~~-~,~--, ~'_"n'''~"">-,__,_~,~,.",_"..,*_~_,,,~_,__ DfSCLOSURE ST A ...-.., ..~-"^," '-'-.,-".."". _ '^"_'_",,~'^____,',',',','.-cm~~ ~..,=__._. ADDITIONAL DiSCLOSURES lost alt known contractors or busmesses tfidt fii.1VP or will sennceS with to the requestecf property use includmg but not limited to the of architectural services rea! estate services. finanCial services services and legal services' list if necessary') /Hrton J. As(,~,ociates rv; - C:vi EnqV"i{{t)r r<.:, -- ,::'"u: re:otionshlp' means 'a relatlonSrH) that exsts when one owns shares possessing more than 50 percent of the See State and ....000 Govemrt)ent Conflict of Interests Act coroorBfon rJ'fHCtfy or 01 another corporation Affiliate(j business entity means a '8:8tonship other than parent- tnat exists when Ii': ene business entity 1,85 a cOn!roiimg ownersl>r Interest in the ether business ('nHI a contr01Hlg owner 'f' one is aisc 0; OIvn8r n the other entity ,y I,il i there >s shereO management or control between the busmess entities Factors that should be conSidered In be!errn nmg the eXiSlence of an affiliated bUSiness ent:ty relationship Induoe that the sarne pe'son or substantia, y the same person OWl' or 'Tanage the two entities: there are common or commmgled funas Of assets the business entitles share the use of the same offices ()1 or otherwise share activities resrlUfceS or personnel en a regular baSiS or there is othEHWlse a close working relatJo0shlp between the entities Spe State an'j Local Govemment Conmct of interests Act. Va Code ~ :' 2.,3iC1 CERTlF1CA nON: I ceft"\' (fu( the :ntorm0ton CGn!s n:'I:1 henSIG I'",,' ,~';C ;Y". nate 'i~"J..k"!'St;>1C >.<pcr~ receipt ~ f '1Ct fcaLoprostc2tj t~:at the 3ppdcBtlon nas L~~::0 sche~jujed ter P,.~blK: .neBf:n~:t i an1 respons(bk~ for oDta:r :ng ana postrg the ~f+qu~rhd siqr ::w th:~ $:,;;: et~t ea~t 3(; G~~'{::' o.(:::r to the SCtif"'C1J!G\Ci. c(A):,c accord!!'; !c :SHuctiC pacr.age ~;,nf1ers'0ne'J ~~'~Q c:c.0sents ent0,I' upev the subve::t pn.J(."crf"\i f:l en '0vees th{t D'0t~Yt~"nent (.if Piann~ '1q {D Of'?r,fC~:F ~0d \O$\h t(/ p,~;rpcs~~~ 0* t>ro,~;es~;ns eVZhuBtmu ttvs appiicaLon ,J,"KH:~',tl81 use Penn~f !"'{'W.>hcar,:im ;)t ~ .; MANNY VARELA, CENTRES BFS NORTHEAST, LLC Agenda Item 23 Page 12 II , Item #23 Manny Varela, Centres BFS Northeast, L.L.C. Conditional Use Permit 1531 General Booth Boulevard District 6 Beach May 13, 2009 CONSENT Joseph Strange: The next matter is item 23. An application of Manny Varela, Centres BFS Northeast, L.L.c., for a Conditional Use Permit for automobile repair on property located at 1531 General Booth Boulevard, District 6, Beach, with ten conditions. Hunter Hyde: Good afternoon Madame Chair and members of the Commission. My name I Hunter Hyde, and I'm with Wolverton & Associates, Inc, the agent here on behalf of the applicant Centres BFS Northeast. We agree with all the conditions. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Jay Bernas to review this item. Jay Bernas: Thank you. This is an application for a Conditional Use Permit to allow the development of this site for a 7,575 square foot automobile repair establishment. This application was previously heard on April 8, 2009 by the Planning Commission but the application was deferred to allow the applicant and the adjacent property owner to work out some site plan issues. The staff concludes that the proposal submitted by the applicant meets the intent of the General Booth Boulevard corridor standards, and therefore the Planning Commission has placed this on the consent agenda for approval. Joseph Strange: Thank you Jay. Madame Chair, I have a motion to approve item 23. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. Janice Anderson: Ms. Katsias. Kathy Katsias: I have to abstain from item 23 because my company represents the applicant. Janice Anderson: Okay. AYE 9 NAY 0 ABSl ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE ABSENT HENLEY AYE II Item #23 Manny Varela, Centres BFS Northeast, L.L.C. Page 2 HORSLEY KATSIAS LIV AS REDMOND RIPLEY RUSSO STRANGE AYE ABS AYE AYE AYE AYE AYE Ed Weeden: By a vote of9-0, with the abstention so noted, the Board has approved item 23 for consent. Janice Anderson: Thank you. Thank you all for coming down who had a matter on the consent agenda. Congratulations. We appreciate you being with us this afternoon. Thank you very much. 1 i ,I I II Sms. ROURDON. AIIrnN & LM. P.c. The Honorable William D. Sessoms, Jr. Vice Mayor Louis Jones Members of City Council June 2, 2009 Page 2 With best regards, I am Very truly yours, I':;(:i~ .~_._7 R. Edward Bourdon, Jr. REBjr/arhm ee: Jaek Whitney, Director, Department of Planning Karen Proehilo, Department of Planning Radhakrishna Renukunta Robert S, Miller, III, MSA, P.C. ConditionaIRezone/EndeavorEnterprises/ViIlagCenter /SessoInS_Ltr6-o2-09 ..ID SWfS, ROURDON, UII AII[RN & LM, P.C. ATTORNEYS AND COUNSELORS AT LAW TELEPHONE: 757-499-8971 FACSIMILE: 757-456-5445 June 2, 2009 JON M. AHERN R. EDWARD BOURDON, JR. JAMES T. CROMWELL L. STEVEN EMMERT KIM R. GERSHEN DAVID S. HOLLAND KIRK B LEVY MICHAEL J. LEVY HOWARD R. SYKES, JR. PEMBROKE OFFICE PARK - BUILOING ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 Via Hand Delivery and Email The Honorable William D. Sessoms, Jr. Vice Mayor Louis Jones Members of City Council cjo Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #1, Room 281 Municipal Center Virginia Beach, Virginia 23456 Re: Application of Endeavor Enterprises, LLC for Change of Zoning District Classification from AG-1/AG-2 Agricultural District to Conditional B-1A Limited Community Business District and P-1 Preservation District on 3 assembled parcels totaling 19.94 acres in the Princess Anne District (east side of Holland Road, south of Chestnut Oak Way and north of Sugar Maple Drive) Dear Mayor Sessoms, Vice Mayor Jones and Members of City Council: On behalf of the principals of Endeavor Enterprises, LLC, I am writing to formally request the pending rezoning application which is scheduled for public hearing on Tuesday, June 9, 2009 be deferred until your Tuesday, July 14, 2009 public hearing. - The purpose for the deferral is to provide additional time for my clients to finalize their financing commitments. Given the uncertainties in the financial markets and the significant amount of infrastructure improvements associated with this proposed conditional rezoning, it would be imprudent on my clients' part to proceed to a final vote on the rezoning without an acceptable financing commitment in hand. This concern is made even more acute by the limited range of permittable and economically viable uses of these properties as a consequence of the Comprehensive Land Use Plan modifications occasioned by the BRACj JLUS process. We've had a lengthy and thorough dialogue with our adjoining and surrounding neighbors and are advising them today of this deferral request, in order to minimize any inconvenience. Should any of you have any questions or concerns regarding this request, or this application in general, please do not hesitate to contact me. II "I I ,.;~iA~~~~ p.:;...... :":,.;;..,.~",, (:~, ~~~. j.r) ~~:,;.::;.:.;~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ENDEAVOR ENTERPRISES, L.L.C., Chanae of Zonina District Classification, AG-1 and AG-2 Agricultural Districts to Conditional B-1A Limited Business District and P-1 Preservation District, east side of Holland Road, approximately 120 feet south of Chestnut Oak Way. PRINCESS ANNE DISTRICT MEETING DATE: June 9, 2009 . Background: The applicant proposes to rezone a portion of existing agricultural properties for community-oriented commercial uses and to rezone the remaining portion for natural area preservation, dedicating that area to the City of Virginia Beach. . Considerations: The applicant is requesting a deferral of this item to City Council's July 14 meeting. . Recommendations: Deferral to July 14. . Attachments: Location Map and Summary Recommended Action: Deferral to July 14 Submitting Department/Agency: Planning Department CityManage~ k.~~ II I ENDEAVOR ENTERPRISES Map H,I-ll M.:>p Not to Sco[", I~. ;;; "Iii ~s B~ ~ IIt.H ~ Ct. 6irr ,'-.. > .4 Endeavor EntertJTlses" LLC 70-75 B Ldn ',1 -='1 -=.1 ~ P.I . ~W.;~ ",.. n ~Ujff,l . ~ ~~' l-1qll\ i~'~. ~~ .,- /1.. -"..1 )' \ I..... m ~l Ioo'/ f-../jl ".., 'l" I- ~ t-, ~4al - .-m 4 T (1. .- ~ ~~~ ~ ~ ~>- ..~ ~'L' N 'w ~. ~~ """ 'rj. I'!. /\(1 U E::k:. ~J . ~ z:~~~~~ · P.I -=.1 . 1 p., .1 ..III! kdn ":t~ \ ~~;I,;~ ~ "-- ~ ~lil~-~ . ~.. ~.~ ~~ ~ !;o _. ~fty ~ ~ @ ~ ~~~ ~~~ ~ '1~~ A << ~.,t.'./ ~ ~/y / \1I -Too! r/'~ .~~~~~.~J r)"J1!'7 ~:::5.-t 7j/~/ r,.~]I ~~ ~/~ 7~ )( ~I' ~~olll " Lff '/ / ~ }C'/r YV'AV ,,/ A '// Conditional Zoning Change from AG-1 and AG-2 to Conditiona B1-A Relevant Information: · Princess Anne District · The applicant proposes to rezone a portion of properties zoned AG for community-oriented commercial uses and a natural area to be dedicated to the City of Virginia Beach. · The development consists of 9,315 SF of day care, 20,000 SF of retail, 26,000 SF of office and personal services, and 5,000 SF of restaurant space. · The project is in two phases, with the phases tied to the future widening of Holland Road. Recommendation: · The applicant has requested deferral of this application to the July 14 City Council meeting. I II I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6518 DATE: May 27, 2009 FROM: Mark D. Stiles ;) B. Kay Wilson ~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Endeavor Enterprises, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 9,2009. I have reviewed the subject proffer agreement, dated March 12,2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. . Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen I , PREPARED BY: 1mB SYKIS. ROURDON. mu AAIRN & Lm. p,c. ENDEAVOR ENTERPRISES, L.L.C., a Virginia limited liability company RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI ajkja KAVITHI VURIMINDI, husband and wife NEW ENDEAVOR ENTERPRISES, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 12th day of March, 2009, by and between ENDEAVOR ENTERPRISES, L.L.C., a Virginia limited liability company, party of the first part, Grantor; RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI ajkja KA VITHI VURIMINDI, husband and wife, parties of the second part, Grantors; NEW ENDEAVOR ENTERPRISES, L.C., a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the parties of the second part are the owners of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 6.158 acres as more particularly described as Parcell and Parcel 2 in Exhibit "A" attached hereto and incorporated herein by reference, which parcels along with Parcel 3 is hereinafter referred to as the "Property"; and WHEREAS, the party of the third part is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 13.77 acres as more particularly described as Parcel 3 in Exhibit "A" attached hereto and incorporated herein by reference, which parcel along with Parcels 1 and 2 are hereinafter referred to as the "Property"; and GPIN: 1495-41-7336 1495-51-2696 1495-51-9518 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahem & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY, mm swrs. ROURDON. m AIIrnN & 1M. P.C II "I WHEREAS, the party of the first part as the contract purchaser of Parcels 1, 2 and 3 has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural District to Conditional B-1A Commercial District and P-1 Preservation District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purpos.es through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the portion of the Property zoned B-1A is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF VILLAGE CENTER at HOLLAND CREEK", 2 PREPARED BY: mID SYKfS. ROURDON. mAm:RN & 1M. P.c. prepared by Ionic DeZign Studios and MSA, P.C., dated 03/06/09, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Conceptual Site Plan"). 2. When the Property is developed, the exterior building materials, colors and architectural design elements of the four (4) buildings designated on the Conceptual Site Plan shall be substantially as depicted on the exhibits entitled "VILLAGE CENTER AT HOLLAND CREEK - TYPICAL RETAIL BUILDING ELEVATION; VILLAGE CENTER AT HOLLAND CREEK - DAYCARE ELEVATION; and VILLAGE CENTER AT HOLLAND CREEK - OFFICE BUILDING ELEVATION", dated 03/04/09, prepared by Ionic Dezign Studios, which have been exhibited to the Virginia Beach City' Council and are on file with the Virginia Beach Department of Planning (hereinafter "Building Elevations"). 3. When the Property is developed, the Grantor shall make those road improvements to Holland Road as depicted on the exhibit entitled "Conceptual Right of Way Improvement Plan For Village Center at Holland Creek", dated 12/9/08, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Right of Way Improvements"). 4. When the Property is developed, if the improvement and widening of Holland Road to four (4) through lanes of vehicular capacity from its intersection with Dam Neck Road, south to its intersection with Crestwood Drive has not commenced, only the buildings designated #1, Single Story Daycare and #2, Single Story Retail/Office on the Conceptual Site Plan may be developed. No occupancy of the buildings designated #3, Single Story Retail and #4, 2-Story Office on the Conceptual Site Plan shall be permitted until the improvement and widening of Holland Road to four (4) through lanes of vehicular capacity from Dam Neck Road to its intersection with Crestwood Drive has been completed. 5. The Building designated #2, Single Story Retail/Office on the Conceptual Site Plan shall have no more than 16,000 square feet of space occupied by retail and restaurant uses. The remaining space in Building #2 shall be occupied by office or personal service uses. 6. Prior to submittal of a Site Development Plan for the Buildings designated #3, Single Story Retail and #4, 2-Story Office (i.e. Phase II), Grantor shall prepare and submit a "Supplemental Traffic Impact Study" to the Director of the Virginia Beach Department of Planning. 3 I PREPARED BY: IJDJ SYHS. ROURDON, m AHrRN & 1M. P.c. II .1 I 7. In addition to the limited list of permitted commercial uses in the B-1A Limited Community Business District, the Grantor further proffers that Building #4, 2- Story Office shall not be used for any retail or restaurant uses; Building #1, Single Story Daycare shall only be used for an educational/child daycare or office use; no convenience store use shall be permitted on the Property; no establishment shall be permitted to sell alcohol for off premises consumption; and, no restaurant shall be permitted to sell alcohol after 11: 00 PM. 8. When the Property is developed, only one (1) freestanding monument style sign may be erected on the Property, constructed with a base matching the material and predominant color of the buildings as depicted on the Conceptual Site Plan. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. 9. When the Property is developed, the dumpsters depicted on the Conceptual Site Plan shall be screened/housed in a masonry structure (3 sides) with the exterior surface matching the building material and color. Dumpsters shall not be tipped/emptied before 8:30 AM nor after 8:30 PM. 10. The hours of daily operation for any educational/child daycare use in_ the building designated #1, Single Story Daycare on the Conceptual Sit Plan shall not commence prior to 6:00 AM nor conclude subsequent to 7:00 PM. 11. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. The development shall use "The Largent" lighting fixtures and a complete photometric plan shall be submitted to the Planning Department for review and approval during detailed site plan reVIew. 12. When the Property is developed, the Grantor shall install and maintain an 8' wide multi-purpose trail from Holland Road through the open space within the developed portion of the property, through the open space at the eastern end of the center and terminating at the 5.18 acres of land to be zoned P-1 Preservation District substantially as depicted on the Conceptual Site Plan. The Grantor shall dedicate to the Grantee a pedestrian access easement over the multi-purpose trail and create a second pedestrian walkway from the multi-purpose trail to the small City owned park which abuts the southern boundary of the Property, as depicted on the Conceptual Site Plan. 4 PREPARED BY: ISO SYk:J::S. ROURDON. m Aln~RN & LM. P.c. 13. Prior to the issuance of a Certificate of Occupancy for any building on the Property, the Grantor shall dedicate to the Grantee, the 5.18 acre portion of the property to be zoned P-1 Preservation District. 14. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-1A and P-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with 5 PREPARED BY; no SYl'fS. ROURDON. mil AlIfRN & LM. P.C II "I such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause tD deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 6 I , PREPARED BY: 13m SYK'IS. ROURDON. .. AHrnN & LM. P.c. WITNESS the following signature and seal: Grantor: Endeavor Enterprises, L.L.C., a Virginia limitediiability company By: '---, \ . f.>- ~\./.....) ,-' . (SEAW Radhakrishnaltenukunta, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 24th day of March, 2009, by Radhakrishna Renukunta, Managing Member, of Endeavor Enterprises, L.L.C., a Virginia limited liability company, Grantor. 1 / / ~ ~ (; ,I,' '. i" ",,;-, -1' < , I /;', .t'..'\ i 1 , " /.,; '. '/h'''':'' ,,'.. i, a,f'\-Cf " 'Notary Public L. My Commission Expires: Notary Registration No.: August 31, 2010 192628 7 II. ~I PREPARED BY: ~ SYKfS. IlOURDON. m Am:RN & LM. P.c. II I I WITNESS the following signatures and seals: .~'-"', Grantors: - ........- ....,.~;?' '"', t 1/"\..-1 l . ._.-~-." Radhakrishm Renukunta (SEAL) -L,- ~,\ t-C:- V . (SEAL) Kavitha Vurimindi ajkj a Kavithi Vurimindi STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrurnent was acknowledged before me this 24th day.of March, 2009, by Radhakrishna Renukunta and Kavitha Vurimindi ajkja Kavithi Vurimindi, husband and wife, Grantors. .'. . ", ;.-:: ..,/ \.. ...." 7 ,~I I ." .J ;b'l..-; ,.""A' l' I / ! . " Notary Public (h~f""'\{ I'" My Commission Expires: Notary Registration No.: August 31, 2010 192628 8 I I PREPARED BY: ~ SYllJ;S. ROURDON. OJ AHJ;RN & LIVY. P.C WITNESS the following signature and seal: Grantor: New Endeavor Enterprises, L.L.C., a Virginia limited'~bility company p:'::' By: "~\ ~ .... , ~ \:1,.,' (SEAL) Radhakrisl;jna ~ukunta, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 24th day of March, 2009, by Radhakrishna Renukunta, Managing Member, of New Endeavor Enterprises, L.L.C., a Virginia limited liability company, Grantor. I 'j ,,' ,t'''''; f I i -' > /J 'fL... t' / 1 '--"r ,\/ . '_., 'I /1' ~ ; , f. .t,1\ I "' '\ ; '1 1,1 ;... ::~~. ';. / / i .....-( Notary Public My Commission Expires: Notary Registration No.: August 31, 2010 192628 9 PREPARED BY: 13m SYKES. ROURDON. m AlIt:RN & LM. P.c. II ,I I EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, lying situate and being in the Princess Anne District of the City of Virginia Beach, Virginia, and being designated as "PARCEL A-l" as depicted on the "RESUBDMSION OF PARCEL A, SUBDMSION OF PROPERTY OF AMERICA WILSON ESTATE, AND 'LUCINDA HASKINS 2 ACRES"', dated November 7, 2005, prepared by Rouse-Sirine Associates, Ltd. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200601040002057. Containing 3.74 acres ofland, more or less. GPIN: 1495-41-7336 PARCEL 2: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, belonging, lying, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as LUCINDA HASKINS 2 ACRES as shown on that certain plat entitled Property of G. B. Wilson Located in Princess Anne County dated September 12, 1936, prepared by W. B. Gallup, Certified Surveyor, which said plat is recorded in the aforesaid Clerk's Office in Map Book 10, page 113. GPIN: 1495-41-7336 PARCEL 3: All that certain tract of land, lying being and situate in Seaboard Magisterial District, Princess Anne County, (now City of Virginia Beach), Virginia designated as Lot One (1) on the Plat of HARGROVE FARMS, made by E.E. Burroughs, C.S. for W. W. Sawyer, and recorded in Map Book 1, at Page 6(a), in the Clerk's Office of the Circuit Court of Princess Anne County (now City of Virginia Beach), Virginia (erroneously referred to as 25 acres more or less in the previous source deed). Said tract or parcel of land fronts on Holland Road in said District, Princess Anne County (now City of Virginia Beach). Said property being more particularly bounded and described as follows: Beginning at a point on the eastern right of way of Holland Road, said point of being 67.35 feet northerly from the intersection of the eastern right of way of Holland Road and the northern right of way of Sugar Maple Drive; thence S 75 degrees 30' W. 60.16 feet to a point on the eastern right of way of Holland Road; thence N 7 degrees 24' 47" W. 141.78 feet along the eastern right of way of Holland Road to a point; thence continuing along the eastern right of way of Holland Road N 2 degrees 32' 31" W. 219.90 feet to a point; thence N 87 degrees 20' 11" E. 676.03 feet to a point; thence N 75 degrees 39' 19" E. 113.68 feet to a point; thence N 78 degrees 18' 28" E. 168.64 feet to a point; thence N 76 degrees 44' 20" E. 56.77 feet to a point; thence S 74 degrees 10' 04" E. 75-42 feet to a point; thence N 85 degrees 04' 03" E. 104.19 feet to a point; thence N 52 degrees 34' 24" E. 159.75 feet to a 10 PREPARED BY: mm Syn:s. ROURDON. m AHIRN & lm. P.c. point; thence N 26 degrees 34' 53" E. 60.42 feet to a point; thence N 83 degrees 24' IS" E. 113.99 feet to a point; thence N 81 degrees 35' 43" E. 505.80 feet to a point; thence S 86 degrees 38' 25" E. 403.60 feet to a point; thence N 67 degrees 46' 21" E. 362.68 feet to a point; thence N 84 degrees 08' 26" E. 578.52 feet to a point; thence S 3 degrees 44' 54" W. 29.91 feet to a point; thence S 75 degrees 30' W. 3280.13 feet to the point of beginning. Containing 13.43 acres of land, more or less. GPIN: 1495-51-9518 ConditionalRezone/EndeavorEnterprises/HollandLifestyleCenter /Proffer2_ Clean Rev-3/24/09 11 I I, I I I L. APPOINTMENTS BA YFRONT ADVISORY COMMITTEE BEACHES and W ATERW A YS COMMISSION BIKEWAYS and TRAILS COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL P ARKS and RECREATION COMMISSION SOCIAL SERVICES BOATRD TIDEWATER COMMUNITY COLLEGE BOARD ~ N\.. \lrlflNlSIIED 1l1lSll'lltSS II "I N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** II II ,I I CITY OF VIRGINIA BEACH SUMMARY OFCOUNCU ACnONS V I DATE: OS/26/2009 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 I1A BRIEFINGS: A. HIGH SPEED RAIL Robert Matthias, Assistant to the City Manager B. INTERIM FINANCIAL Patricia Phillips, STATEMENT Director - Finance IlIIIIIIV 1 CERTlFICA TlON OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V-E SESSION F-I MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y SPECIAL FORMAL SESSION May 5, 2009 2 INFORMALIFORMAL SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y -Y May 12,2009 G-I MA YOR'S PRESENTATION RESOLUTION re SPECIAL OLYMPICS H-I PUBLIC HEARINGS: LEASE OF CITY-OWNED PROPERTY No Speakers a. Dolphin Run - 3'd Street/Atlantic Ave b. Theme Restaurants, Inc. (t/a II Giardino Ristorante) - 910 Atlantic Avenue 2 EXCESS CITY PROPERTY -Interfacility No Speakers Traffic Area Indian RiverlLandstown/Salem Roads VJIK-1.a Ordinance to AMEND the City Code: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT 99 5-602. 12.43.2 and 38-3 re the regulation and control of animals and birds b. 9 6-120-2 re the regulation of personal ADOPTED 9-2 Y N N Y Y Y Y Y Y Y Y watercraft rentals II CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V DATE: OS/26/2009 I L PAGE: 2 0 S L E 0 H E A W AGENDA 0 S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E 0 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 0 2 Resolution COMMENDING Robert S. ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Miller 1Il, for 28 Years Volunteer Service to CONSENT Special Olympics 3 Ordinance to DECLARE restrictive ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y easements in IT A to be EXCESS CONSENT property/AUTHORIZE conveyance to USN for $,4,050,000: 3592 Indian River Road Salem Road, Parcel A Landstown Road 2561 Salem Road 2433 Salem Road Salem Road (6 parcels) Salem Road, Parcel B 2437 Salem Road 4 Ordinance to GRANT II Giardino ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ristorante Franchise Agreements for open CONSENT air cafes at the Resort Area 5 Ordinance to AUTHORIZE a lease for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y vehicular parking with Dolphin Run Condo CONSENT Assoc at 3"1 Street/Atlantic Ave 6 Resolution of CITY re SDot Blight ADOPTEDBY 11-0 Y Y Y Y y Y Y Y Y Y Y Abatement (City Code & 16-39) CONSENT Detennination at 620 Counselor Square. DISTRICT 3 - ROSE HALL 7 Ordinance to AUTHORIZE acquisition of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y blighted Jlroperty by eminent domain at CONSENT 1 620 Counselor Square I APPROPRIATE $82,778 for acquisition 8 Ordinance to AUTHORIZE temporary ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portion of City row for CONSENT JAMES M. ARNH9LD at 4332 Sandy Bay Drive DISTRICT 4 - BA YSIDE 9 Ordinance to APPROPRIATE $660,901 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Federal Stimulus from ARRA to CONSENT HousinglNeighborhood Preservation re rehab eligible owner-occupied housing units. 10 Ordinance to APPROPRIATE $70.000 for ADOPTED BY 11-0 Y Y Y Y y Y Y Y Y Y Y an interest-free loan to Plaza Volunteer CONSENT Rescue Squad ADD ON Resolution re Policy to ban Chinese drywall ADOPTED 11-0 Y y y y y y y y Y Y y in Virginia Beach construction L-I Ordinance to AMEND Appendix C, Site NO ACTION B y C 0 ]\I S E N S U S Plan Ordinance, Section 5B, re fioodplains (adoDted 4/28/09 Item #58765) II I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V I DATE: OS/26/2009 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 2 CITY COZ from R-5D to I-I at 212-228 NO ACTION B Y C 0 N S E N S U S Fair Lady Road and 2305 Potters Road. DISTRICT 6 - BEACH M-I CITY street closure (unimproved) al APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Terrell Avenue DISTRICT 6 - BEACH CONDITIONED BY CONSENT 2 CA V AllER GOLF/Y ACHT CLUB APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y closure of portion of Cardinal Road from CONDITIONED north side of Starling Court to its BY CONSENT terminus. DISTRICT 5 - L YNNHA VEN 3 ELLIS-GIBSON DEVELOPMENT APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y GROUP / LAKE GEM II, LLC for a CONDITIONED B Conditional Use Permit re a seasonal BY CONSENT S outdoor "green" market al218 I Upton T Drive. DISTRICT 7 - PRINCESS ANNE A I N E D 4 NEW CINGULAR WIRELESS PCS, DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC (T/A AT&T) CUP re INDEFINITELY communication tower at 6009 BY CONSENT Blackwater Road. DISTRICT 7 - PRINCESS ANNE 5 CHESTER and VIVIAN TUCKER APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUPt Country Inn at 1557 Sandbridge CONDITIONED Road. DISTRICT 7 - PRINCESS ANNE BY CONSENT 6 FLORDELlZA/DANIEL BA Y ANGOS, APPROVED/ 11-0 Y Y Y Y Y Y Y y Y Y Y JR., DBA L1ZA'S RESIDENTIAL CONDITIONED CARE CUP re senior residential care al BY CONSENT 5084 Langston Court. DISTRICT 2 - KEMPSVILLE 7 PRINCESS ANNE CHURCH OF APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CHRIST CUP re a church at 3016 CONDITIONED - Virginia Beach Boulevard. DISTRlCT 5- BY CONSENT LYNN HAVEN 8 CITY COZ from R-5D/A-12 to I-I at APPROVED BY 11-0 Y Y Y Y Y Y Y y Y Y Y London Bridge/ Potters Road. (AICUZ) CONSENT DISTRICT 6 - BEACH WITH DEED RESTRICTIONS 9 RICHMOND 20MHz, LLC, Modification APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y of Conditions No. 113 (approved November CONDITIONED 22, 2005) re Iocation/ number of antenna BY CONSENT arrays on the tower at 1000 Great Neck Road. DlSTRlCT 5 - L YNNHA VEN 10 Ordinance to AUTHORIZE Official AUTHORIZED 11-0 Y Y Y y Y Y Y Y Y Y Y Zoning Map due change in computer BY CONSENT maDDing format II CITY OF VIRGINIA BEACH SUMMARY OF COUNC1L ACTIONS V I DATE: OS/26/2009 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 N APPOINTMENTS BA YFRONT ADVISORY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE - 3 year term James M. 07/0112009 - 06/30/2012 Arnhold Scott P. Ayers Alaura R. Guion Charles R. Malbon, Jr. Appointed: Gee Faison BEACHES and W A TERW A YS Reappointed: ] 1-0 Y Y Y Y Y y y y y y y COMMISSION - 3 year term George L. 07/01/2008 - 06/30/2011 Grinnan, MD, Bayside District; S. Brady Viccellio, Lynnhaven District; Rodney A. Voelker, Centerville District Appointed: Charles W. Guthrie, Jr., At Large; Wesley B. Laine, Beach District BIKEWAYS AND TRAILS ADVISORY RESCHEDULED B y C 0 N S E N S U S COMMITTEE CHESAPEAKE BA Y ALCOHOL Appointed: ] ]-0 y y y Y Y Y Y Y Y Y Y SAFETY PROGRAM - Unexpired term Chief Alfred M. throu2h 06/30/2011 Jacocks, Jr. HAMPTON ROADS PLANNING Reappointed: ] 1-0 y y y y y y y y y y y DISTRICT COMMISSION (HRPDC) Robert M. Dyer, 2 year term - 07/01/2009 - 06/30/201 I Barbara M, Henley, James K. Snore HUMAN RIGHTS COMMISSION RESCHEDULED B y C 0 N S E N S U S II' 'I I, I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: OS/26/2009 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 MINORITY BUSINESS COUNCIL Reappointed: 11-0 Y y Y y Y y Y y y y y Wanda J. Cooper, Delceno C.Mites, Prescott Sherrod, Edwin G. Tirona, John W. Williams PARKS AND RECREA nON RESCHEDULED B Y C 0 N S E N S U S COMMISSION SOCIAL SERVICES BOARD RESCHEDULED B y C 0 N S E N S U S TIDEWATER COMMUNITY RESCHEDULED B y C 0 N S E N S U S COLLEGE BOARD TIDEWATER REGIONAL GROUP Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y HOME COMMISSION - 4 year tenn Michael E. 07/0 I /2009 - 06/30/2013 Sawyer O/P/Q ADJOURNMENT 6:29 PM