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Home My WebLink AboutAUGUST 25, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM /J. SESSOMS, JR. AI-Large VICE MA YOR LOUIS R JONK~, Baystde - D/s/rie/ .J GU;NN R. DAVIS, lime Hall- DWrlel3 WILLIAM R. DeSTFPH, AI-Large HARRY E DIEZEL. Kempsville - OIslrte/ 2 ROBERT M. DYER, Cen/erville - DWrlel I BARBARA M HENLEY. Prmee.'" Anne - D.s/rlel 7 JOHN E UHRIN, Beach - D.striet 6 RON A. VILLANUEVA, A/-Large ROSEMARY WILSON, A/-Large JAMES L. WOOD, Lynnhaven -Dislrie/ 5 CITY COUNCIL APPOINTEES CITY MANAGER .lAMES K SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR .IERALD HANAGAN CITY AUDITOR UNDON S. RHMIAS CITY CUiliK Rl :7H HODCHS FRASER, MMe CITY COUNCIL AGENDA 25 AUGUST 2009 1. CITY COUNCIL BRIEFING: - Conference Room - A. GROMMET ISLAND PARK John Uhrin, Council Member - Beach District Bruce Thompson, President - PHR II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE (757) 385-4303 FAX (757) 385-5669 E-MAIL: Clycncl@vbgov.com 2:00 PM 3:00 PM V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCA TION: Reverend James Bennett Pastor, Avalon Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFlCATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 11,2009 G. FORMA][,. SESSION AGENDA H. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXVI and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival 2. WESTERN BA YSIDE SUMMER CAMPS Barbara A. Brinson, Youth Opportunities Coordinator 1. PUBLIC BID OPENING 1. LEASE OF CITY PROPERTY - 408 Sandbridge Road Cell Towers at Sandbridge Water Tank Site J. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY a. 224 RoseIynn Lane b. 1461 Bartow Place c. 400 N. Oceana Boulevard 2. LEASE OF CITY OWNED PROPERTY - 2089 Indian River Road II II I K. PUBLIC COMMENT 1. BEACH CENTRE North 3151 Street between Pacific and Artic Avenues L. CONSENT AGENDA M. ORDINANCESIRESOLUTIONS 1. Ordinances to AMEND the City Code: a. g25-6 re: daily reports by Pawnbrokers, Secondhand Dealers and Junk Dealers b. g36-I72 to eliminate the taxicab hourly rate for waiting time 2. Ordinances DECLARING property to be EXCESS and AUTHORIZING the City Manager to sell the property at: a. 224 Roselynn Lane to Don Danylyk b. 1461 Bartow Place to Scot and Allison Willwerth c. 400 North Oceana Boulevard to Thomas F. Owens, III 3. Ordinance to AUTHORIZE the City Manager to execute a Deed conveying the City's interest in the Seatack Elementary School site (912 S. Birdneck Road) to the School Board. 4. Ordinance to AUTHORIZE the City Manager to execute a Lease of City-owned property at 2089 Indian River Road to John Doe for less than five (5) years. 5. Ordinance to ACCEPT book collections from the Institute of Museum and Library Services for the Francis Land House, Department of Museums. 6. Resolution to REFER to the Planning Commission an Ordinance AMENDING SIll and ADDING g217 of the City Zoning Ordinance (CZO) re: defining monument signs and electronic display signs (requested by Councilman Villanueva) 7. Resolution to AUTHORIZE the FY20IO Performance Contract re: the Community Services Board and the Commonwealth of Virginia. 8. Resolution to AUTHORIZE the City's support of the Green Jobs Alliance (GJA) Mission and the applications for Federal Grants re: American Recovery and Reinvestment Act (ARRA) I I 9. Resolution to AUTHORIZE a study of the Bikeways & Trails Plan to support On-Road Bicycle Accommodations (requested by Council Lady Wilson) 10. Ordinance to AUTHORIZE the transfer of funds to provide a different funding source re: a local Grant match for the Fire Department. 11. Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the FY2009-IO Operating Budget of The Department of Human Services as follows: a. $120,000 from the Virginia Department of Criminal Justice Services re: investigations on defendants appearing in arraignment court b. $47,500 in Federal pass-through funding from the Virginia Department of Behavioral Health and Development Services re: providing mental health services in the projects for assistance in transition from the HomeIessness program c. two (2) additional full-time Pretrial Officers and one (1) additional Mental Health/Mental Retardation Assistant N. PLANNING 1. Appli,::ation of CHURCH OF JESUS CHRIST OF LA TER-DA Y SAINTS, for a Change of Zoning District Classification from 1-2 Heavy Industrial District to Conditional 0-1 Office District at 4873 and 4883 Bonney Road and a Conditional Use Permit re: religious facility. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 2. Application of HAMPTON ROADS CHURCH OF CHRIST for a Modification of Condition Nos. 1 and 2 (approved by City Council on February 23, 1999) re: temporary, portable structures. DISTIUCT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of RICHMOND 20MHZ, LLC, d/b/a NTELOSIROBERT B. TIMMS & c. ARTHUR RUTTER, III, TRUSTEES, for the Modification of Condition No.1 (approved by Ci!:f Council on January 13, 1998) re: extension of the existing tower from 1 50-feet to 167-fe~t. DISTF1CT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL II II I 4. Application of TOWN CENTER ASSOCIATES for a Conditional Use Permit re: multi- family dwellings at Block 9 within Town Center. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 5. Application of ANTHONY CATALDO/CATALDO INDUSTRIES III, L.L.C., for a Conditional Use Permit re: bulk storage at 317 Village Road. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 6. Application of JENIFER and KELLY BRITT, for a Conditional Use Permit re: skateboard ramp at 825 Hanover Drive. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROV AL 7. Ordinance to AMEND g20I of the City Zoning Ordinance (CZO) re: setback for piers. RECOMMENDA nON APPROVAL O. APPOINTMENTS AGRICULTURAL ADVISORY COMMITTEE BA YFRONT ADVISORY COMMITTEE BOARD OF ZONING APPEALS - BZA HAMPTON ROADS ECONOMIC ALLIANCE - HREDA HEAL TH SERVICES BOARD WORKFORCE HOUSING ADVISORY BOARD P. UNFINISHED BUSINESS Q. NEW BUSINESS R. ADJOURNMENT I I Agenda 8/25/09afb www_vbgov.com COMMUNITY SUMMIT MONDA Y, OCTOBER 5, 2009 6:00 - 8:30 PM CONVENTION CENTER - ROOMS 5-A,B,C ClTY COUNCIL REVIEW OF COMMUNITY SUMMIT THURSDAY, OCTOBER 6, 2009 8:30 AM CONVENTION CENTER - ROOMS 4-D,E Thursday, November 12th ANNUAL JOINT MEETING General Assembly, City Council and School Board *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** II II 1. CITY COUNCIL BRIEFING: - Conference Room - 2:00 PM A. GROMMET ISLAND PARK John Uhrin, Council Member - Beach District Bruce Thompson, President - PHR II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW II II IV. INFORMAL SESSION - Conference Room- A. CALL TO ORDER - Mayor William D. Sessoms, Jr. 3:00 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II II V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James Bennett Pastor, Avalon Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August I 1, 2009 G. FORMAL SESSION AGENDA II H. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXVI and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival 2. WESTERN BA YSIDE SUMMER CAMPS Barbara A. Brinson, Youth Opportunities Coordinator II I 1. PUBLIC BID OPENING 1. LEASE OF CITY PROPERTY - 408 Sandbridge Road Cell Towers at Sandbridge Water Tank Site J. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY a. 224 Roselynn Lane b. 1461 Bartow Place c. 400 N. Oceana Boulevard 2. LEASE OF CITY OWNED PROPERTY - 2089 Indian River Road K. PUBLIC COMMENT 1. BEACH CENTRE North 3151 Street between Pacific and Artic A venues I I Public Notice \otice is ilereby given pursuant to an crdl1'1ance approved by 'I:e City Council on June 23, 2009, tllat );ids shall be received for a lease of a portion of City propBrtj. iocated at 408 Sandbridge Road (Sandbridge Water Tank site), ,n the Princess Anne District, for t'1e purpose of c.)rstruct'ng, i'laintainirg and operating Wireless te!ect..,Yi"luricat:cns facilities, inciuding, but not Iimltea to, antennas, ,::mnecting ': dbles and c,ppurtenances and accessory st~ ..Jctures to be L3ed :n r:O'1jL;nct'on VI ith the aforesaid TacllitiFs. Bids shaH be received by the Mayor of the City of Virginia Beacll at tht> regular meeting of the City Council, which will 0e held in the Council Chamber, City Hall Building, r,,!uricipa! Center, Virginia Beach, Virginia, on August 25, 2009, at 6:00 p.m., ,md after the receiving and openmg of bids the Council hill either proceed with the consideration of ',,~e ordinance awarding of the aforesaid lease or w;ll defer the .T1atter to a subsequent meeting. -ill bids must be in wnt:ng. The right to reject ary and all. bids is hereby expressly reserved. A descr'ptive nctice of the ordinance alh,nding the lease is in thE- fol:ow:ng words: AN ORDINANCE PROVIDING FOR 8105 FOR A LEASE OF A PORTION OF THE CITY PROPERTY LOCATED AT 408 SANDBRIDGE ROAD l SANDBRIDGE WATER TANK SITE; FOR THE PURPOSE OF CONSTRUCTIi\G, MAINTAlr"ING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the prooosed ordinance, including j~e ,ease to bl 3wc;rdE'd thereby, ,s on f;ie and availab'e "or ir soection du(;f. 'lorn.at business hOLfS in tile office of ti.e C;h CerK. Ruth Hodges F'aser, \IMC C ty Clerk ['co leon JUlY 3 & 12, 2009 '(32022 PUBUC HEARING SALE OF EXCESS CITY PROPERTY The VIrginia Beach City Council 'Will hcld 8 PUBUC HEARING on the disposttion snd sale of e:X(~9S City property. TUElsday. 4,u~US1 25. 2~t at 6:00 p.m., in the Council Chamber of the City HaM Building (Building #1) at the Virg,lnia Beach Municipal Center, Virginia Beach, Virginia. The propertJEl~ are IClcated at 224 R0gelynn Lane (GPIN 2417..05-3.393); 1461 Bartow Place (GPIN 2417-05-9136); and 400 N. Oceans Bl)ul~rd (GPIN 2417-O(l-6462). The pUl'pos.e ,:>fthls Hearing wltl be to obtain public Input to detennine whether theS19 p,...,pertJes should be declared "exc@ss ,:rt the City', neEds". If you are phyllcally dltabled or vllualy Imparrod and l11ged assistance at this meeting. plNee caU the CITY CLERK'S OFFICE at 3...4303 : Headlll Ilq)8Ired call TDD Cflty 711. Any questions conoem ing this matter should be directed to the Office of Reoal Estate. Building #2~ Room 392. at thIS! Virginia Beach Municipal Center (757)385-4161- Ruth Hodges Fraser. MMC City Clerk Beacon August 16. 2009 20471187 PUBLIC HEARING LEASE OF CITY PROPERTY The VIrginia Beach City C'juncil will hold a PUBLIC HEARING .:m the propos~d 1t98slng of Clty-owned propEilrty on Tuesdsry. A.ugust 25, 2009, at 6 p.m. In the Council Chamber .:11 1he City Hall Building (Building #1) at the Virginia Beech Municipal Cent@lr, Virg.1nla Be-ech. Vlrglnla. The purpose of 1his H<€osring 'will be to ,Jbtaln public .;omrn~U1t .::on the Clt)lS proposal to lease the following property: Resld~ntlal dtvelling looated at 2089 India n River. If you are physically dsabled or visually b1;laINd and need assistance at this meeting. please caJl the CITY CLERK.S OFRCE at 354303 t Hearq Impaired, call TDD only 385 4305 ,TOO Telephone DENice for the Deaf). Any quel5tlons c.:oncemlr( this matter 'Should be directed to 1he Department of Management SeNloea - Facilities ManagElm€"nt Office. Room 228. Building 18. at the Virginia Betsch Municipal Center (757) 385 5659, Bi?acCf"l ,l\ugust 16. 2(X)9 20450635 II I L. CONSENT AGENDA M. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. g25-6 re: daily reports by Pawnbrokers, Secondhand Dealers and Junk Dealers b. g36-172 to eliminate the taxicab hourly rate for waiting time 2. Ordinances DECLARING property to be EXCESS and AUTHORIZING the City Manager to sell the property at: a. 224 Roselynn Lane to Don Danylyk b. 1461 Bartow Place to Scot and Allison Willwerth c. 400 North Oceana Boulevard to Thomas F. Owens, III 3. Ordinance to AUTHORIZE the City Manager to execute a Deed conveying the City's interest in the Seatack Elementary School site (912 S. Birdneck Road) to the School Board. 4. Ordinance to AUTHORIZE the City Manager to execute a Lease of City-owned property at 2089 Indian River Road to John Doe for less than five (5) years. 5. Ordinance to ACCEPT book collections from the Institute of Museum and Library Services for the Francis Land House, Department of Museums. 6. Resolution to REFER to the Planning Commission an Ordinance AMENDING gIll and ADDING 9217 of the City Zoning Ordinance (CZO) re: defining monument signs and electronic display signs (requested by Councilman Villanueva) 7. Resolution to AUTHORIZE the FY2010 Performance Contract re: the Community Services Board and the Commonwealth of Virginia. 8. Resolution to AUTHORIZE the City's support of the Green Jobs Alliance (GJA) Mission and the applications for Federal Grants re: American Recovery and Reinvestment Act (ARRA) 9. Resolution to AUTHORIZE a study of the Bikeways & Trails Plan to support On-Road Bicycle Accommodations (requested by Council Lady Wilson) I I 10. Ordinance to AUTHORIZE the transfer of funds to provide a different funding source re: a local Grant match for the Fire Department. 11. Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the FY2009-I 0 Operating Budget of The Department of Human Services as follows: a. $120,000 from the Virginia Department of Criminal Justice Services re: investigations on defendants appearing in arraignment court b. $47,500 in Federal pass-through funding from the Virginia Department of Behavioral Health and Development Services re: providing mental health services in the projects for assistance in transition from the Homelessness program c. two (2) additional full-time Pretrial Officers and one (1) additional Mental Health/Mental Retardation Assistant II I r;t\~.Br1~:\~ 1'-4 -",:,:,'~,-7~, "J-, 't) \C \1) 4.0 >) \,,:-,..., ./J \.':.i~~';.~~j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 25-6 of the City Code Pertaining to Daily Reports by Pawnbrokers, Secondhand Dealers, and Junk Dealers MEETING DATE: August 25, 2009 . Background: Code of Virginia ~ 15.2-1114 allows municipal corporations to regulate the conduct of pawnshops and dealers in secondhand goods, wares and merchandise. Currently, the City Code permits pawnbrokers, secondhand dealers and junk dealers to submit the required daily transaction reports to the Police Department in either a written or electronic format. As indicated below, during the last four years the total number of reportable daily transactions has increased over 70%, but the number of transactions reported in a written format has increased 366%. This increase has overwhelmed the limited staff assigned to enter data into the Police Department's records management system (PISTOL). Electronically reported pawn and second- hand transactions can be entered in a fraction of the time required to enter hand-written entries. Time delays in data entry hinder the detection of crimes for extended periods of time and often prevent the recovery of stolen property. Year 2004 2005 2006 2007 2008 Electronic 263590 287401 303107 277935 338993 Manual 36782 54544 109607 157684 171767 (+48,25) (+100,9%) (+43,8%) (+8,9%) Total 300372 341945 412714 435254 510760 . Considerations: The primary purpose of this ordinance is to require pawnbrokers, secondhand dealers and junk dealers to submit the mandated daily transaction reports to the police department in an electronic format, and authorizes the reporter to impose a transaction fee to cover costs incurred by making electronic reports. These amendments also clarify that (1) the reports must describe any identifying marks found on the items; (2) the report may be submitted to the police chiefs designee; and (3) transactions made on weekends or holidays, may be reported the next business day. The effective date of this ordinance shall be October 1, 2009. . Public Information: This item will be disseminated to the public through the normal Council agenda process. If approved, the Police Department's Pawn Unit will provide written notice to all dealers before October 1, 2009. , I . Recommendations: Adopt ordinance. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department .'-t:/k City Manager: ~~ '?- ~ II I 1 AN ORDINANCE TO AMEND SECTION 25-6 2 OF THE CITY CODE PERTAINING TO DAILY 3 REPORTS BY PAWNBROKERS, 4 SECONDHAND DEALERS, AND JUNK 5 DEALERS 6 7 SECTION AMENDED: S 25-6 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 25-6 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 25-6. Daily reports to chief of police. 16 17 (a) All pawnbrokers, secondhand dealers and junk dealers shall furnish daily, by 18 1:00 p.m., to the chief of police or his desiQnee, a true and correct report, of all 19 merchandise or junk items purchased, sold, bartered or exchanged or otherwise coming 20 into his possession, during the preceding p.\'enty four (24) hours business day, except 21 such as is purchased at public auction,.:. describing the merchandise or junk Each item 22 shall be described as accurately as possible and shall include any brand name. model 23 number, serial number, initial or name or any other identitvinQ marks found on the item. 24 The report ~shall be presented submitted in either legible writing or in an electronic 25 format as provided by the chief of police or his desiQnee. 26 27 (b) If the purchase, sale or acquisition occurs durinQ a weekend or holiday. then 28 the submittal of the electronic report required in subsection (a) above shall be made no 29 later than 1 :00 p.m. the next reQular business day. 30 31 (c) For each loan or transaction, a pawnbroker, iunk dealer or secondhand dealer 32 may charQe a service fee for makinQ daily electronic reports as required above. Such 33 fee shall not exceed five percent (5%) of the amount of the loan or transaction. or three 34 dollars ($3.00), whichever is less. 35 36 fGt @ A violation of this section shall constitute a Class 4 misdemeanor. 37 38 The effective date of this ordinance shall be October 1, 2009. 39 40 COMMENT 41 42 The primary purpose for amending this ordinance is to require pawnbrokers, secondhand 43 dealers and junk dealers to provide the mandated daily transaction reports to the police 44 department in an electronic format, and authorizes the reporter to impose a transaction fee to cover 45 costs incurred by making the electronic reports. These amendments also clarify that (1) the reports 46 must describe any identifying marks found on the items; (2) the reports may be submitted to the I I 47 police chief's designee; and (3) transactions made on weekends or holidays may be reported the 48 next business day. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~{J j~a~ Police DepartmEmt ~ -- CA11260 R-3 August 12, 200S1 II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 36-172 to Eliminate the Hourly Rate for Waiting Time MEETING DATE: August 25, 2009 . Background: In accordance with state law, City Council has regulated the maximum rates charged by taxicabs that operate in the City. The City last adjusted the rate for each minute of waiting time in July 2008, when, in light of increasing costs, the maximum rate was increased to 30 cents per minute. In addition to a per-minute maximum rate, the City Code also contains an hourly rate for taxicabs hired on an hourly basis, but no change was made to the hourly rate. . Considerations: City staff recently was contacted by the owner of a local cab company who questioned the inconsistency between the per-minute rate and the hourly rate. Because the hourly rate was not changed when the per-minute was increased, a customer who required a wait time of 47 to 59 minutes would pay a higher cost than a customer who required a wait time of a full hour. A few examples are shown below: wait time of 47 minutes X $.30 = $14.10 wait time of 52 minutes X $.30 = $15.60 wait time of 59 minutes X $.30 = $17.70 wait time of 60 minutes = hourly rate of $13.80 Staff conducted research to determine if other local jurisdictions had a discounted hourly rate for wait time and found that other jurisdictions do not have an hourly rate at all, but rather rely solely on a per-minute rate, This ordinance will delete the portion of the Code that established an hourly rate. . Public Information: A public hearing was held on August 11, prior to Council's vote on this item. Notice of the hearing appeared in the August 2 issue of The Beacon. Taxi companies were asked to place a copy of the notification of the public hearing in their cabs for the benefit of their customers. Finally, this item also will be advertised in the same manner as other agenda items. . Recommendations: Adoption . Attachments: Ordinance . .lit/ Recommended Action: Approval , t~tG'., Submitting Department/Agency: Management Services ~, City Manager:~\ ~,~&'t .. I I 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 36-172 TO ELIMINATE THE HOURLY RATE FOR 3 WAITING TIME 4 5 Section Amended: ~ 36-172 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 36-172 of the Code of the City of Virginia Beach is hereby amended 11 and reordained to read as follows: 12 13 Sec. 36-172. Maximum rates for taxicabs. 14 15 (a) No person owning, operating, controlling or driving a taxicab within the city 16 shall charge an amount to exceed the following rates of fare: 17 18 (1) For the first one-eighth of a mile or fraction thereof. . . $3.25 19 (2) For each succeeding one-eighth of a mile or fraction thereof. . . 0.30 20 (3) Trunk charge. . . 0.50 21 (4) For each minute of waiting time. . . 0.30 22 23 If hired on an hourly basis, the rate of thirteen dollars and eighty cents ($13.80) 24 per hour sh311 31~ 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: <9l1fiA)(l_~ Management Services ~~ ~ CA11239 R-2 July 14, 2009 I I (') .~ en ~ ~D0J w Q; .;, Ow C? ~ ~" :' Q) "" a.. aLL ~ ~:"- ZZM 0 ~ <{ ~j~ ("'.I c: ..- 0 :+IJ ..J ~- :E c: 0 ~zC? ~ III Z (I) ZZU"") 0 o = 0:: 0 "" 0 O~~ N ] ...J 0 - 0 ~ , " 0.. ~ Cw~ 0 B. ..". -;. ~ ~ ~ W(l)N :!: J,', ~ D u (l)OZ ~ 't:l oO=n: c: 0 Q) 0 C::J CLetu ~ () I! ..J ON Q) u:: ~ 0= u CL 0 ~ \'.... . ,. y '~ o^,e YN\f3:lO N ~ ,. , x 0 0 0 [j [] 0 ~,,:. 0' 000 1] ..- :c 0 D 00 0 ::5 ~ 0 ~ D ::5 m (I) fl '~ Q) Ul '6 N1 3100lW 8: ::5 crl Ul W >> 0) 01 ~ D 1:: crl c: GD Q) crl I,!,! 0.. ..n Cl 0 Z ... 0 c: (L ,..:. I,!,! <( "C >> ~ ~ C) D ... "'<t C U a. :f ("'.I >- CV .0 U C) Il i CV 16 ..J a. ~ a. II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 224 Roselynn lane to be in excess of the City's needs and authorizing the City Manager to sell the property to Don Danylyk. MEETING DATE: August 25, 2009 . Background: The City acquired 224 Roselynn lane (GPIN 2417-05-3393) as part of the APZ- 1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the parcel was developed with a single-family home on a duplex lot. The APZ -1 Disposition Committee has evaluated the property and determined that the existing residence is in good condition and can be renovated rather than demolished. The property is in the interior of a stable residential neighborhood (Oceana Gardens). A Request for Proposal (the "RFP") including this property was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Don Danylyk was selected to purchase the property. . Considerations: The property will be occupied quickly, which will prevent vagrants and vandalism. Danylyk will be required to renovate the existing structure with enhanced noise attenuation and also comply with City codes and City regulations. The proposed sale of the home to Danylyk was recommended by the Oceana land Use Conformity Committee. If the City retains this property, the City must pay to maintain the lot, at an estimated annual cost of $630. . Public Information: Advertisment of public hearing in The VirQinian-Pilot, Beacon. Advertisement of City Council Agenda . Alternatives: Approve terms of proposed purchase agreement, alter terms of the proposed purchase agreement, or keep the Property in the City inventory. I I . Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached Summary of Terms. . RevenUl~ restriction: The City funded the acquisition of the property through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, fifty percent (50%) of the proceeds for the sale willJe refunded to the Commonwealth. . Attachments: Ordinance, Location Map, Summary of Terms Recommendedl Action: Approval of the ordinance /) Submitting Department/Agency: Public Works/Real zst'ate ~(y~ City Manager~~" k. .~I<>t '/ F4/k. III 1 AN ORDINANCE DECLARING THE PROPERTY 2 LOCATED AT 224 ROSEL YNN LANE TO BE IN 3 EXCESS OF THE CITY'S NEEDS AND 4 AUTHORIZING THE CITY MANAGER TO SELL 5 THE PROPERTY TO DON DANYL YK 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of 8 that certain parcel of land located at 224 Roselynn Lane (GPIN 2417-05-3393) 9 (the "Property"), more particularly described on Exhibit "A" attached hereto and 10 made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 13 Acquisition Program; 14 15 WHEREAS. the City funded the acquisition of the Property through 16 a partnership with the Commonwealth of Virginia (the "Commonwealth"), with 17 each party contributing fifty percent (50%) of the funds; 18 19 WHEREAS, the Property is in the midst of other residences and at 20 the time of acquisition was improved with a residential dwelling; 21 22 WHEREAS, City Council has elected to allow the renovation of the 23 single-family home in order to maintain the integrity of the neighborhood; and 24 25 WHEREAS, a Request for Proposal ("RFP") was advertised for the 26 potential sale of the Property; 27 28 WHEREAS, Don Danylyk ("Danylyk") responded to the RFP with an 29 offer to purchase the Property; 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended 32 that City Council declare the Property to be in excess of the City's needs and sell 33 the Property to Danylyk.; 34 35 WHEREAS, Danylyk will renovate the existing single-family home 36 on the Property to prescribed standards acceptable to the City, including 37 elevated noise attenuation standards, and will thereafter occupy the Property; 38 39 WHEREAS, Danylyk will purchase the Property in accordance with 40 the Summary of Terms attached hereto as Exhibit liB" and made a part hereof; 41 42 WHEREAS, the City Council is of the opinion that the Property is in 43 excess of the needs of the City of Virginia Beach. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 46 THE CITY OF VIRGINIA BEACH, VIRGINIA: I I 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 That the Property located at 224 Roselynn Lane (GPIN 2417-05- 3393) is h.~reby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute any documents necessary to convey the Property to Don Danylyk in substantial conformity with the Summary of Terms attached hereto as Exhibit B and such other terms, conditions {)r modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Further, that the revenue from the sale of the Property in the amount of S51 ,600 shall be received and appropriated as follows: 1. $25,800 shall be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding the Commonwealth's portion in accordance with the partnership agreement; 2. $25,800 shall be appropriated to CIP #3-368, Various Site Acquisitions. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the clay of ,2009. CA11032 R-1 8/7/2009 \\vbgov ,com\dfs I \applications\citylawprod\cycom32\wpdocs\dO 19\pOO5\OOO I 6340,doc APPROVED AS TO CONTENT l=~~ APPROVED AS TO LEGAL SUFFICIENCY -A0(!tiO City At:orney's Office AP~~~VED ~NT J)evvJJ \.~ Management Services ' 1'111 EXHIBIT A 224 Roselynn Lane (GPIN 2417-05-3393) ALL THAT certain lot, piece or parcel of land, with the improvements thereon, lying and being in the Oceana Gardens, Lynnhaven Magisterial District, Virginia Beach, Virginia, and known, numbered and designated as Lot 41 and the Southern one-half of Lot 40, on the Plat of Hillcrest, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, page 8, reference to which is hereby made for a more particular description of said land. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Leslie Hall, Jr. and Becky Autry Hall, dated September 22, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20081007001176050. I I EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 224 ROSEL YNN LANE SELLER: City of Virginia Beach PURCHASER: Don Danylyk PROPERTY: 224 Roselynn Lane (GPIN 2417-05-3393) LEGAL DESCIRIPTION: ALL THAT certain lot, piece or parcel of land, with the improvements thereon, lying and being in the Oceana Gardens, Lynnhaven Magisterial District, Virginia Beach, Virginia, and known, numbered and designated as Lot 41 and the Southern one-half of Lot 40, on the Plat of Hillcrest, which plat is duly mcorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, page 8, reference to which is hereby made for a more particular description of said I,:ind. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Leslie Hall, Jr. and Becky Autry Hall, dated September 22, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20081007001176050. SALE PRICE: $51,600 CONDITIONS OF SALE . Property is purchased "As Is, Where Is." · Purchaser, or any future owner, will be subject to a deed restriction preventing participation in the APZ-1 Acquisition Program. . Purchaser is to acknowledge receipt of lead pamphlet, "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools". The Purchaser shall provide to the City a lead-based paint clearance prior to occupying the property. · Renovation and noise attenuation shall be started within 90 days of settlement. . Specific requirements of Code compiance and noise attenuation include: . Replacement of the roof with a thicker, denser roof shingles with a 40 year I, III warranty and 110 mph wind rating. . Installation of gutters and downspouts, including concrete splash blocks. . Replace exterior wood trim and woodwork where missing/damaged/rotten. . Brick veneer, porch and steps need to be tuck-pointed in several areas that are cracked or have openings. . Replacement of foundation vents. . Grade property for proper water run-off away from structure and not into crawlspace thru foundation vents. . Storage shed to be removed. . Remove and properly dispose of the underground oil storage tank. Fill area and re-seed. . Windows to be replaced with triple glazed vinyl or vinyl clad windows with a listed STC 28 rating, properly sealed and caulked to include full screen inserts. Style of new windows to match existing. . Remove the bathroom window. Finish interior and exterior to match existing. Brick shall be toothed-in. . Doors to be replaced with solid insulated metal doors with a listed STC 28 rating, along with storm doors. Install new locksets and single cylinder deadboIts. . Front porch needs guard and handrails installed. . Exterior woodwork, wood trim and doors ofthe house to be painted (may elect to wrap all exterior woodwork). . Seal all penetrations and openings through walls, ceilings, floors, attic and crawlspace areas, i.e. electrical, plumbing, HV AC, etc., except roof and foundation ventilation. . Secure and caulk all interior wood trim. . Repair all missing/damaged interior wood trim, ceilings and walls to match existing. . Seal and paint all interior wood trim, ceilings and walls. . Secure and seal all plumbing fixtures. . Correct all plumbing Code violations. . Secure all electrical fixtures. . Correct all electrical Code violations. . Secure all cabinets, replace where water damaged. . Replace all damaged floor coverings. Repair areas of old air supply and returns in flooring. . Installation of smoke detectors as per code. . Insulation - Install R-40, sound attenuation rated insulation in the attic to include the attic access. Install a minimum ofR-19 sound attenuation rated insulation in the crawlspace. ~~ c'. , r-\ .-----l ~. ,J L-.J L---r' ;. . ,el li'alSe';lM 1 it ~ ~., ~ 0' \10 '. 'If< \ Q Q o C) ''1 Q [) o \] o - ~~ ~ c; w Q) ~ Ow Q) r- ~ ca Z Q\J.- ..,. 4.~~ ~ ~ ~ ~.J~ $ 0- o-~ t % tr) 'i a~q lD 0 ~ 00 t- ~ - t-~ g ~ 'd. Q..a~ .- ~ 'lA1O~ ~ 0 ~ '3 o - ~ a.~Y; % o.ct ~ ~~ ... 0 ~ 0- <.,) 1;./ "'. ~ It" ~<i~'o( % .... 'V'f " 13 . ; ; '~ ~ ,,'~ ~, 9- ":. '~t -;;. , "' D o 8 t:! ~ ~ ~ 11 ~ c Qf\,e 'it4~~ N UI ~ lilt ~ a -0 ~ c: Q) ~ Q) ..J :;>-0 ~ ~ .- Q) en 0- Lb e 0 0- . I"- ')0-> .- ~ -<;l o (' , I II ".."'....~'''\-.o. ~S~J:}~~A.8~(.tC.. ~k:)j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 1461 Bartow Place to be in excess of the City's needs and authorizing the City Manager to sell the property to Scot and Allison Willwerth. MEETING DATE: August 25,2009 . Background: The City acquired 1461 Bartow Place (GPIN 2417-05-9136) as part of the APZ- 1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the parcel was developed with a single-family home on a duplex lot. The APZ-1 Disposition Committee has evaluated the property and determined that the existing residence is in good condition and can be renovated rather than demolished. The property is in the interior of a stable residential neighborhood (Bartow Heights). A Request for Proposal (the "RFP") including this property was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. Scot and Allison Willwerth were selected to purchase the property. . Considerations: The property will be occupied quickly, which will prevent vagrants and vandalism. The Willwerths will be required to renovate the existing structure with enhanced noise attenuation and also comply with City codes and City regulations. The proposed sale of the home to the Willwerths was recommended by the Oceana Land Use Conformity Committee. Scot and Allison Willwerth have offered to purchase the property for $70,000. If the City retains this property, the City must pay to maintain the lot at an estimated annual cost of $630. . Public Information: Advertisement of City Council Agenda ,-+~" , . Alternatives: Approve terms of proposed purchase agreement, alter terms of the proposed purchase agreement, or keep the Property in the City inventory. . Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the properties subject to the terms and conditions in the attached Summary of Terms. . RevenuE. restriction: The City funded the acquisition of the property through a partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, fifty percent (50%) of the procE!eds from the sale will be refunded to the Commonwealth. . Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance ._ Submitting Department/Agency: Public W IReal Estate ~ ! q.,(A. City Manager:<::~':l k ~ / I II ...~.ko.""'~"'"'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AN ORDINANCE DECLARING THE PROPERTY LOCATED AT 1461 BARTOW PLACE TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL THE PROPERTY TO SCOT AND ALLISON WILLWERTH. WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel of land located at 1461 Bartow Place (GPIN 2417-05-9136) (the "Property"), more particularly described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the City acquired the Property pursuant to the APZ-1 Acquisition Program; WHEREAS, the City funded the acquisition of the Property through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty percent (50%) of the funds; WHEREAS, the Property is in the midst of other residences and at the time of acquisition was improved with a residential dwelling; WHEREAS, City Council has elected to allow the renovation of the single- family home in order to maintain the integrity of the neighborhood; and WHEREAS, a Request for Proposal ("RFP") was advertised for the potential sale of the Property; WHEREAS, Scot and Allison Willwerth responded to the RFP with an offer to purchase the Property; WHEREAS, the APZ-1 Disposition Committee has recommended that City Council declare the Property to be in excess of the City's needs and sell the Property to Mr. and Mrs. Willwerth; WHEREAS, Mr. and Mrs. Willwerth will renovate the single-family home on the Property to prescribed standards acceptable to the City, including elevated noise attenuation standards, and will thereafter occupy the Property; WHEREAS, Mr. and Mrs. Willwerth will purchase the Property in accordance with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; WHEREAS, the City Council is of the opinion that the property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Property located at 1461 Bartow Place (GPIN 2417-05-9136) is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City ,,--+-1,- , 50 Manager is hHreby authorized to execute any documents necessary to convey the 51 Property to Scot and Allison Willwerth, in substantial conformity with the Summary of 52 Terms attached hereto as Exhibit B and such other terms, conditions or modifications 53 as are deemed necessary and sufficient by the City Manager and in a form deemed 54 satisfactory by the City Attorney. 55 56 Further, that the revenue from the sale of the Property in the amount of 57 $70,000 shall be received and appropriated as follows: 58 1. $35,000 shall be appropriated to CIP #9-060, Oceana and Interfacility 59 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 60 the Commonwealth's portion in accordance with the partnership agreement; 61 2. $35,000 shall be appropriated to CIP #3-368, Various Site Acquisitions. 62 63 This ordinance shall be effective from the date of its adoption. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the 66 day of ,2009. CA11031 R-1 8/7/2009 \\vbgov .com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d005\p005\00021 06B.doc APPROVI:D AS TO CONTENT Irn[~ C. ~w.sot\ blic Wo~ ( APPROVI:D AS TO LEGAL SUFFICIENCY A~(7J\ . City Attorney's Offi8 APPROVED AS TO CON B ~ Management Services II II I EXHIBIT A 1461 Bartow Place (GPIN 2417-05-9136) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Six (6), as shown on the plat entitled "Bartow Heights" (erroneously referred to in Deed as Bartlow), which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 54, at Page 45. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Edward J. Barry, Jr. and Danielle L. Barry, dated October 22, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20081022001228130. I I EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1461 BARTOW PLACE SELLER: City of Virginia Beach PURCHASER:: Scot and Allison Willwerth PROPERTY: 1461 Bartow Place (GPIN 2417-05-9136) LEGAL DESCRIPTION: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Six (6), as shown on the plat entitled "Bartow Heights" (erroneously referred to in Deed as Bartlow), which said plat is duly recorded in the Clerk's Office of the Clrcuit Court of the City of Virginia Beach, Virginia, in Map Book 54, at Page 45. IT BEING the same property conveyed to the City of Virginia Beach, by deed of Edward J. Barry, Jr. and Danielle L. Barry, dated October 2~:, 2008, and recorded in the aforesaid Clerk's Office as Instrument No. 20081022001228130. SALE PRICE: $70,000 CONDITIONS OF SALE · Property is purchased "As Is, Where Is." · Purchaser, or any future owner, will be subject to a deed restriction preventing participation in the APZ-1 Acquisition Program. · Purchaser is to acknowledge receipt of lead pamphlet, "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools". The Purchaser shall provide to the City a lead-based paint c1Harance prior to occupying the property. · REmovation and noise attenuation shall be started within 90 days of settlement. I' 1'1 II I . Specific requirements of Code compliance and noise-attenuation include: o Replacement of the roof with a thicker, denser roof shingles with a 40 year warranty and 110 mph wind rating. o Installation of concrete splash blocks. o Replace damaged areas of concrete driveway o Replace wood trim and woodwork where missing/damaged/rotten on house and garage. o Replacement of the overhead garage door. o Caulk, seal and paint the entire garage. o Fireplace chimney will be properly flashed and capped. o Replacement of foundation vents. o Replace, secure and caulk all damaged/missing vinyl siding and deluxe material. o Windows to be replaced with triple glazed vinyl or vinyl clad windows with a listed STC 28 rating, properly sealed and caulked to include full screen inserts. Style of new windows to match existing. o Doors to be replaced with solid insulated metal doors with a listed STC 28 rating, along with storm doors. Install new locksets and single cylinder dead bolts. o Seal all penetrations and openings through walls, ceilings, floors, attic and crawlspace areas, i.e. electrical, plumbing, HVAC, etc., except roof and foundation ventilation. o Secure and caulk all interior wood trim. o Repair all missing/damaged interior wood trim, ceilings and walls to match existing. o Seal and paint all interior wood trim, ceilings and walls where caulk and/or repaired. o Secure and seal all plumbing fixtures. o Correct all plumbing Code violations. o Secure all electrical fixtures and replace where missing. o Correct all electrical Code violations. o Replace all damaged floor coverings. Repair areas of old air supply and returns in flooring. o Installation of smoke detectors as per Code. o Insulation -Install R-40, sound attenuation rated insulation in the attic to include the attic access. Install a minimum of R-19 sound attenuation rated insulation in the crawlspace. o Replace HVAC system with a minimum 14 SEER and 8.2 HSPF ratings. f\t ", o CJ ~" >, j. ~ ~ .' C-Jo ~ 0 0 Q\"'- \ ~ ~ \ \ Yl;; 19 r-I ~ ~~~ ~ ~ \ ~3 z ~C:! ~ II ~ 0 O:Z:<? J --U _ - u:i~" 8 t- 0 ~ ogog. ~ \ t; u ~ .:Z: ;; (.) 0 0%- ~ III ~ .:J ~g?; Ii L-J 0 Il~ " - i >>".,,(1'1 \ :K(1).1.0;)J-, > ~ >, ~ ,'j,., " '\' ,"'r' ~!. X , .. I, ~'! .", t.~ ~~\L 0........ C='!I ' 1 t:::l t. bO o o d L: , .' ,. ""', , '~ "; \' . > "li , ~" . ',h.. 00000 t b , OLf obO ~ '1 \. ~ f 4 ' o o CI '.':: - : ~ (I\:) if J. O^,9 "NV3~O N N OOJO\ \ODO DOL~i g n ~~, ~80' opo! f ..\ 4\~.,J 0 ~ ,--1,110 ir OI'C.f\- ~ ~~'{. u u~ VI' \~ c< \ ':.10, ' . :e '" , f'.'.> / '7 N1NN)."I;lS0lI :l.;q l L-/.'~:~~ ..~ {\ cJ DOl 0 0 ~ \ ~ A~, .\'> U ,\' u..... UI II II I r.~~~ ~""_"""iI'~, """ . '" ~.} 12,' ':~, ot'C:'~ t~) .(u:. r>'; \~:.: . j!J "1-~:Y' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 400 N. Oceana Boulevard to be in excess of the City's needs and authorizing the City Manager to sell the property to Thomas F. Owens, III. MEETING DATE: August 25, 2009 . Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired the property at 400 N. Ocean a Boulevard (GPIN 2417-06-6462) from Howard E. Fawley and Kevin D. Edwards in June 2007. At the time of acquisition, the property was developed with a duplex which was subsequently demolished. Thomas F. Owens, III ("Owens") owns the adjacent property at 404 N. Oceana Boulevard, which is developed with his residence. Owens proposes to purchase the vacant lot located at 400 N. Oceana Boulevard and resubdivide the two properties into one residential lot. . Considerations: The APZ-1 Disposition Committee has evaluated the property and determined that it would be preferable to leave the lot undeveloped due to the small size of the lot, the current degree of congestion on the street, the narrow width of the street, and the proximity to Scott Bend Lane. The sale to the adjacent landowner addresses these concerns. Additionally, the demolition of the former duplex on the site reduced density in APZ-1. Mr. Owens has offered to purchase the property, with development restrictions, for $7,000. If the City retains the property, the City must pay to maintain the lot at an estimated annual cost of $630. . Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. . Alternatives: Sell the 8,287 square foot lot to Owens with conditions, or keep the property in City inventory. . Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. I I . Revenuo restriction: The City funded the acquisition of the property through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Per the partnership agreement, fifty percent (50%) of the proceeds from the sale will be refunded to the Commonwealth. . Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting D~;;::~e\Z~ ~~OrkS/Re~ [' ~'-v City Manager: U uO V :\Applications\CityLa wProd\cycom3 2\ W pdocs\D029\P003\0004 7922,DOC I 1;111 I 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT 400 N. OCEANA BOULEVARD TO 4 BE IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO SELL 6 THE PROPERTY TO THOMAS F. OWENS, III. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land located at 400 N. Oceana Boulevard (GPIN 2417-06-6462) (the 10 "Property"), more particularly described on Exhibit "A" attached hereto and made a part 11 hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 1 7 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, at the time of acquisition, the Property was improved with a 21 duplex which has subsequently been demolished; 22 23 WHEREAS, Thomas F. Owens, III ("Owens") owns the adjacent property 24 and he has requested to purchase the Property in order to utilize it in a manner 25 compatible with the APZ-1 Ordinance; 26 27 WHEREAS, Owens desires to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B"; 29 3 0 WHEREAS, the City Council is of the opinion that the property is in excess 31 of the needs of the City of Virginia Beach. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 That the Property is hereby declared to be in excess of the needs of the 37 City of Virginia Beach and that the City Manager is hereby authorized to execute any 38 documents necessary to convey the Property to Thomas F. Owens, III, in accordance 39 with the Summary of Terms attached hereto and such other terms, conditions or 40 modifications deemed necessary and sufficient by the City Manager and in a form 41 deemed satisfactory by the City Attorney. 42 43 Further, that the revenue from the sale of the Property in the amount of 44 $7,000 shall be received and appropriated as follows: 45 1. $3,500 shall be appropriated to CIP #9-060, Oceana and Interfacility 46 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 47 the Commonwealth's portion in accordance with the partnership agreement; 48 2. $3,500 shall be appropriated to CIP #3-368, Various Site Acquisitions. 49 I I 50 51 This ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of ,2009. CA11029 R-1 8/7/2009 \ \vbgov ,com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d022\p005\00016462.doc APPROVEID AS TO CONTENT APPROVED AS TO CONTENT Management Services 8 ('i_ (~CY'\ licW~7 APPROVED AS TO LEGAL SUFFICIEf\ICY Ci~~ Bw \2 I II II I EXHIBIT A GPIN 2417-06-6462 (400 N. Oceana Boulevard): ALL THAT certain lot, piece, or parcel of land, together with buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, more commonly known as 400 and 402 North Oceana Boulevard, Virginia Beach, Virginia 23454, and being known, numbered and designated as Lot A-1 "Resubdivision of Kenneth Cruiser", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 121, at page 53. Reference to which plat is hereby made for a more particular of description of said lot. IT BEING the same property conveyed to the City of Virginia Beach, by Deed from Howard E. Fawley, Jr. and Kevin D. Edwards, husband and wife, dated June 19, 2007 and recorded as Instrument No. 20070619000825700. I I EXHIBIT B SUMMARY OF TERMS SALI: OF EXCESS PROPERTY AT 400 N. OCEANA BOULEVARD SELLER: City of Virginia Beach PURCHASER: Thomas F. Owens, III PROPERTY: 400 N. Oceana Boulevard [GPIN: 2417-06-6462] LEGAL DESCRIPTION: ALL THAT certain lot, piece, or parcel of land, together with buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, more commonly known as 400 and 402 North Oceana Boulevard, Virginia Beach, Vir9inia 23454, and being known, numbered and designated as Lot A-1 "Resubdivision of Kenneth Cruiser", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 121, at pane 53. Reference to which plat is hereby made for a more particular of description of said lot. IT BEING the same property conveyed to the City of Virginia Beach, by Deed from Howard E. Fawley, Jr. and Kevin D. Edwards, husband and wife, dated June 19, 2007 and recorded as Instrument No. 20070619000825700. SALE PRICE: $7,000 CONDITIONS OIF SALE . Property is purchased "As Is, Where Is." . Buyer has been advised of APZ-1 restrictions for use. . Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon Resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. . Buyer shall resubdivide the Property at his expense should Buyer desire to construct across the property line between the Property and Buyer's adjacent proqerty. . Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. V:\Applications\CityLawPr:>d\cycom32\ Wpdocs\D029\P003\0004 7926,DOC I I Q. <( ~ z o - !:t u o .... ~I;il:lIR,(i:~O~JMlll: ~, _~~lbM m~M1.'lI' :~u~ I' 'I'll CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Deed Conveying the City's Interest in the Seatack Elementary School Site to the School Board MEETING DATE: August 25, 2009 . Background: Based upon a title examination performed on the Seatack Elementary School Site (the "School Site"), it was determined that the School Site is titled in the name of the City of Virginia Beach. . Considerations: Virginia Code Section 22.1-125 requires that title to all school property be vested in the School Board absent an agreement with the City to the contrary. There is no agreement providing that the School Site is to be vested in the City. Therefore, title to the School Site should be conveyed from the City to the School Board. . Public Information: There is no public hearing required because there is no disposal of property. The City is retitling the property in the name of the School Board. . Alternatives: Unless City Council enters into an agreement with the School Board to retain ownership, Section 22.1-125 requires Council to re-title the property in the name of the School Board. . Recommendations: Approval . Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate' (f'rL. City Manager~\ k ,~II"! I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED CONVEYING THE CITY'S INTEREST IN THE SEATACK ELEMENTARY SCHOOL SITE TO THE SCHOOL BOARD WHEREAS, based upon a title examination performed on the Seatack Elementary School site located at 912 S. Birdneck Road (GPIN: 2416-65-9171) (the "School Site"), it was determined that the School Site is owned by the City of Virginia Beach; WHEREAS, Virginia Code 922.1-125 requires that title to all school property be vested in the School Board absent an agreement between the School Board and the City to the contrary; and WHEREAS, it is appropriate that title to the School Site be transferred from the City to the School Board. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEP.CH, VIRGINIA: That thH City Manager is hereby authorized to execute a deed conveying to the School Board of the City of Virginia Beach, Virginia, the Seatack Elementary School site. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1rtW-~ City Attorney's fflce C. C~.s6V'\. u lic Works/Heal Estate CA-11192 IIvbgov .com\dfs I \applicalions\cil: Ilawprod\cycom32' Wpdocs\DO 12\P006\00021894.DOC R-1 August 25, 2009 I I SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: John Doe PREMISES: Residential dwelling located at 2089 Indian River Road TERM: Month to month, not to extend beyond May 31, 2014 RENT: $825.00 per month RIGHTS AN]) RESPONSIBILITIES OF TENANT: · Will u,e the Premises solely for a residence · Will keep, repair, and maintain the Premises at its expense (except HV AC and electrical) · Will maintain renter general liability insurance coverage with policy limits of not less than $: ,000,000 combined single limits per occurrence and will name City as additional insured · Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease TERMINATION: Either party may terminate the Lease at any time without cause by giving 30 days written notice Ii I II 1,1 + I I ~~~~~ ~r.j,,~ ~, yo, !;:;~) /.',;,/ ''''i', ort:'f 3:.> (u:: !;o.) \*~~~'::.~~!l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a lease for less Than Five Years with John Doe for City-Owned Property located at 2089 Indian River Road MEETING DATE: August 25, 2009 . Background: In 2001, the City acquired a residential dwelling as part of the small horse farm that now houses the Police Department's Mounted Patrol. The residential dwelling has been leased previously on a month-to-month basis with a 30-day termination clause. The former tenant has moved out and the Police Department has found a new tenant to occupy the dwelling. The Police Department prefers to lease the property to a police officer, and both the former tenant and the new tenant are police officers. For security reasons, the Police Chief has requested that the name of the tenant not be publicly released. . Considerations: This lease is month-to-month and can be terminated by either party with 30 days' notice. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve lease Agreement as presented, Change conditions of the lease Agreement or deny leasing of subject premises. . Recommendations: Approval . Attachments: Summary of Terms Ordinance location map ,....-...... n i Recommended Action: Approval /.. .. i . .1V' (} ~~ /, I'N "Ii Submitting Department/Agency: ManagementlSMVic;_s! FaGilities Management Office I' ,,' CltyManager:~~ K- 'D-s~ '-./ I I 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH JOHN 3 DOE FOR CITY OWNED PROPERTY LOCATED AT 2089 INDIAN 4 RIVER ROAD 5 6 WHEREAS, the City of Virginia Beach ("the City") is the owner of that 7 certain residential dwelling (the "Premises") located at 2089 Indian River Road 8 and shown on Exhibit A; 9 10 WHEREAS, John Doe (the "Tenant") has agreed to pay the City $825.00 11 monthly for the use of the Premises; 12 13 WHE REAS, the Police Department prefers to lease the property to a 14 police officer, and the Tenant is a police officer. For security reasons, the Police 15 Chief has requested that the name of the Tenant not be publicly released. 16 17 WHEIREAS, the Tenant would like to enter into a formal lease 18 arrangement with the City for the Premises; and 19 20 WHEIREAS, the Premises will be used as a residence, and for no other 21 purpose. 22 23 THEF~EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term 27 of less than five years between John Doe and the City for the Premises in 28 accordance with the Summary of Terms attached hereto and such other terms, 29 conditions 01' modifications deemed necessary and sufficient by the City Manager 30 and in a form satisfactory to the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 33 day of , 2009 CA 11191 R-1 8/13/09 \ \vbgov. com\dfs 1 \a pplicalions\cilylawprod\cycom32\Wpdocs\D006\P005\00021327, DOC APPf}PVED AS TO LEGAL SUFfCIE CY AND FORM APPROVED AS TO CONTENT tJj~ si-/0 Signature I ?>/Vl.5 / /?1c-' (,/ '- ~ ;t/(8f Departrient J" II II ..~___..111 ..111 I EXHIBIT A - . ..J' ~. ~'l.' tt~" 4 <M'r "'lIo:." P..,~", :"'~~"'=:..M> :':)~; , ... "\~,< '}\l;i;,,);;;: " , ~"',%" ~ ,~~' .':~~"'~~>~ ' , '''' ~ ".:.'~".\ ... ~,~ #~." ~,:: ~ ," , ~ ~1: .~~ ~\ \.."~. H."" .y~, ^\ ~.. t: , . ,-' ~ " III + I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept Book Collections from the Institute of Museum and Library Services on Behalf of the Department of Museums MEETING DATE: August 25,2009 . Background: The federally-funded Institute of Museum and Library Services (IMLS) partnered with the American Association for State and Local History (AASLH) to make available approximately 3,000 book collection "libraries" for developing and improving institutional collections through the "Connecting to Collections Bookshelf' grant program. The book collections were made available through three competitive grant cycles. In the final grant cycle, the Francis Land House was awarded the "Core Collection" that contains twelve publications and the "Nonliving Collection," which contains five publications focused on specialized collections. . Considerations: Collections management is an important consideration for museums, libraries and similar institutions that collect and care for objects, books and living creatures as part of their mission. Proper professional collections management is a significant factor in achieving institutional accreditation and in maintaining accredited status. The book collection will assist the Francis Land House, and other historic houses, in continuing to improve the management of their collections and maintain professional standards. There is no cost to the City to accept these awards. . Public Information: Information will be disseminated to the public through the normal City Council agenda process. . Recommendations: It is recommended that the City Council accept the book collections awarded to the Francis Land House. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Museums City Manager~<:, k . ~~ : I I 1 AN ORDINANCE TO ACCEPT BOOK COLLECTIONS 2 FROM THE INSTITUTE OF MUSEUM AND LIBRARY 3 SERVICES ON BEHALF OF THE DEPARTMENT OF 4 MUSEUMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the book collections from the Institute of Museum and Library Services and 10 the American Association for State and Local History through the "Connecting to 11 Collections Bookshelf' grant program are hereby accepted for the Francis Land House 12 on behalf of the Department of Museums. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,2009. Approved as to Content: Approved as to Legal Sufficiency: j)~C .\) Management Services -~)~ ~ ity Aft r offiCe CA11259 R-3 August 17, 200B 1'1 I II 1III1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referring to the Planning Commission an Ordinance Amending Section 111 and Adding a New Section 217 of the City Zoning Ordinance, Pertaining to Electronic Display Signs MEETING DATE: August 25, 2009 . Background: The City Zoning Ordinance currently has no regulations that are specific to signage that uses electronic displays. Councilmember Villanueva has requested that such an ordinance be brought forward. . Considerations: The Resolution refers to the Planning Commission a proposed ordinance amending to Section 111 of the City Zoning Ordinance, defining the terms "monument sign" and "electronic display sign," and adding a new Section 217, which sets forth proposed new regulations pertaining to electronic display signs. These regulations govern where electronic display signs are allowed, their size, height, and other characteristics such as illumination level and dwell time (the time between message changes). . Public Information: Advertisement as a normal agenda item is required. If the resolution is adopted, the amendments would be the subject of advertised public hearings before both the Planning Commission and the City Council . Attachments: Resolution; proposed ordinance Submitting Department/Agency: Requested by Councilmember Ron A. Villanueva City Manager: I I I 1 REQUESTED BY COUNCILMEMBER RON A. VILLANUEVA 2 3 A RESOLUTION REFERRING TO THE PLANNING 4 COMMISSION AN ORDINANCE TO AMEND SECTION 5 1 '11 AND ADD A NEW SECTION 217 TO THE CITY 6 ZONING ORDINANCE, DEFINING MONUMENT SIGNS 7 AND ELECTRONIC DISPLAY SIGNS AND ESTABLISHING 8 REQUIREMENTS FOR SUCH SIGNS 9 10 WHEREAS, the public convenience, general welfare and good zoning practice so 11 require; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That there is hereby referred to the Planning Commission, for its consideration 16 and recommendation, an ordinance to amend Section 111 of the City Zoning Ordinance 17 and add a new Section 217, defining monument signs and electronic display signs and 18 establishing requirements for such signs. 19 20 A true copy of such proposed ordinance is attached hereto. 21 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of , 2009. APPROVED AS TO LEGAL SUFFICIENCY: {;j~~uYI.,blrw! City Attorney's Office CA-11269 R-1 August 13, 200~1 I!I I II ill 1 REQUESTED BY COUNCILMEMBER RON A. VILLANUEVA 2 3 4 AN ORDINANCE TO AMEND SECTION 111 AND ADD 5 NEW SECTION 217 TO THE CITY ZONING ORDINANCE, 6 DEFINING MONUMENT SIGNS AND ELECTRONIC 7 DISPLAY SIGNS AND ESTABLISHING REQUIREMENTS 8 FOR SUCH SIGNS 9 10 Section Amended: City Zoning Ordinance Section 111 11 12 Section Added: City Zoning Ordinance Sections 217 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 111 of the City Zoning Ordinance is hereby amended and 20 reordained, and a new Section 217, pertaining to electronic display signs, is hereby 21 added, to read as follows: 22 23 Sec. 111. Definitions. 24 For the purpose of this ordinance, words used in the present tense shall include 25 the future; words used in the singular number include the plural and the plural the 26 singular; the use of any gender shall be applicable to all genders; the word "shall" is 27 mandatory; the word "may" is permissive; the word "land" includes only the area 28 described as being above mean sea level; and the word "person" includes an individual, 29 a partnership, association, or corporation. 30 31 In addition, the following terms shall be defined as herein indicated: 32 33 Sian. electronic disp/av. A sian containina liaht emittinq diodes (LEOs), fiber 34 optics. liqht bulbs. plasma displav screens or other illumination devices. or a series of 35 vertical or horizontal slats or cvlinders that are capable of beinq rotated at intervals. that 36 are used to chanqe the messaqes. intensity of Iiqht or colors displayed by such siqn. 37 The term shall not include siqns on which liqhts or other illumination devices display 38 only the temperature or time of day in alternatinq cycles of not less than five (5) 39 seconds. 40 I I 41 Sign, monument. A freestanding sign supported primarily by internal structural 42 framework or integrated into landscaping or other solid structural features other than 43 support poles, and the base of which is at least seventy-five (75) percent of the total 44 width of the sign. Monument sians have the followina additional characteristics: 45 46 .Lill- The width of the base does not exceed twice the heiaht of the total sian 47 structure and does not extend more than one (1) foot beyond either outside edae of the 48 face of the sign;, 49 50 ~ The heiaht of the base is between eiahteen (18) inches and four (4) feet: 51 and 52 53 (c) The maximum heiaht of the sian. as measured from around level. does not 54 exceed eiaht (8) feet. 55 56 COMMENT 57 The amendments in Lines 33-39 defme the term "electronic display sign." Specifically 58 excluded from the definition are ordinary time/temperature signs that do not alternate cycles more 59 frequently than every five seconds. The remaining amendments to the section refme the definition 60 ofthe term "monument sign." 61 62 63 64 65 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 66 TO ALL DISTRICTS 67 68 69 70 B. SIGN REl3ULATIONS 71 72 73 74 Sec. 217. Ellectronic disDlav sians. 75 76 (a) Electronic display sians shall be allowed only in the B-1A throuah B-4C 77 Business Districts and in coni unction with schools or other public uses in any zonina 78 district: provided. however. that no such sians shall be allowed in any Historic and 79 Cultural District. and provided further. that electronic display sians in public parks or in 80 the B-3A Pembroke Central Business Core District or the B-4C Central Business Mixed 81 Use District shall reauire the approval of the City Council. 82 83 (b) Electronic display sians shall conform to the provisions of this section and 84 to all applicable aeneral sian reaulations set forth in Part B of Article 2. 2 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 1'1 'II (c) Electronic display sians shall conform to the followina reauirements: (1) No more than one such sian shall be permitted on any zonina lot; (2) No such sian shall exceed a heiaht of eiaht (8) feet or thirty-two (32) sauare feet per face: (3) Such sians shall be monument - style. as set forth in Section 111. provided. however. that in the B-3A Pembroke Central Business Core District and B-4C Central Business Mixed Use District. the City Council mav allow an establishment to have one (1) electronic display sian in lieu of a buildina identification sian: (4) No such sian shall advertise or direct the attention of the aeneral public to an establishment. business or service that is located on a separate site from the zonina lot on which the sian is located: (5) No portion of the material displayed by any such sian. including backarounds. colors. pictures. letterina. pictures or other araphics. shall be chanaed more freauently than once every five (5) seconds: (6) Video displays or audio speakers on. or electronicallv connected to. such sians shall not be permitted: (7) Such sians shall not exceed a maximum illumination of five thousand (5.000) candelas per square meter from sunrise to sunset or five hundred (500) candelas per square meter between sunset and sunrise. as measured from the sian face at maximum briahtness. and shall be equipped with a workinQ dimmer control device capable of automatically reducina the illumination to the required sunset-to-sunrise level. (8) The electrical service lines providina power to such sians shall be underaround. COMMENT The amendments allow electronic display signs only in conjunction with schools and other public uses in all zoning districts and in the B-IA though B-4C Business Districts (i.e., all Business Districts except the B-1 Neighborhood Business District and B-4K Historic Kempsville Area Mixed Use District), and not within any Historic and Cultural District. Inasmuch as all freestanding signs in the B-3A and B-4C Districts require the approval of the City Council under existing CZO 3 1,1 I 129 Section 905 (d) (4), electronic display signs in those two districts would require City Council 130 approval. City Council approval would also required for electronic display signs in public parks. 131 132 The amendments also provide that electronic display signs must, in addition to the 133 provisions of 'this section, conform to the City's general sign regulations contained in Part B of 134 Article 2 of tht, City Zoning Ordinance. 135 136 In addition, there are a number of requirements specific to electronic display signs that 137 address the special characteristics of such signs. These requirements pertain to size, height, 138 frequency of message changes, wiring, sound and illumination. In addition, subdivision (c) (4) 139 prohibits electJronic display signs from advertising or directing the attention of the general public to 140 an establishment, business or service that is located on a separate site from the sign. This provision 141 is consistent with the City's prohibition of billboards. 142 143 144 145 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 146 , ~W09. APPROVED AS TO LEGAL SUFFICIENCY: : U,!,!tM'" M tl4vJ City Attorney's Office CA10718 R-10 August 13, 2009 4 III I II ,~"-"-j-----IlI.--..JH.. ':~~~~.. f~..),.~'/~' ~.~., rOc -,.'P. !~.: ~~~t (~' ,~, \~~:.~:,. ,. "...1/ ...~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract between the Community Services Board and the State MEETING DATE: August 25,2009 . Background: The Commonwealth of Virginia provides funding for mental health, mental retardation and substance abuse services through the performance contract with local Community Services Boards. The contract requires localities to specify how funds will be utilized and the number of persons served with State, Federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. . Considerations: The contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its July 30,2009 meeting. . Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia 937.2-508. Copies of the proposed contract were placed in a number of locations around the City, including Human Services offices, the Central Library and the City Clerk's Office. Public Notice was posted through the City's Internet site. . Alternatives: Pursuant to Code of Virginia 937.2-508, if City Council does not approve the proposed performance contract by September 30, 2009, the contract shall be deemed approved. Rejecting the performance contract would mean losing $11.6 million in State and Federal funding, and risking the loss of an additional $19.1 million in Medicaid and other Fee Revenues. . Recommendations: It is recommended that City Council adopt the attached resolution approving the FY 2009-10 State Performance Contract between the Virginia Beach Community Services Board and the Virginia Department of Behavioral Health and Developmental Services. . Attachments: Resolution and Performance Contract Summary Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of Human services:::~:}.JvOU:'7:'-' City Manage~ k'-. OGocrt II ' 1 2 3 4 5 6 7 8 9 10 11 12 13 A RESOLUTION APPROVING A CONTRACT BETWEEN THE COMMUNITY SERVICES BOARD AND THE STATE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the! City Council hereby approves the FY 2009-10 performance contract between the City of Virginia Beach Community Service Board and the Virginia Department of Behavioral Health and Developmental Services, which provides State-controlled performance contract funding to the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 2009. day of Approved as to Content: Approved as to Legal Sufficiency: B 0\^)C~~ Management S(~rvices ;:e:~ ~ City Attorney's Office CA11257 R-2 August 11, 20ml II I e . . II City of Virginia Beach DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE DIVISION (7S7) 437-6100 FAX (757) 490-5736 TOO (757) 437-6150 297 INDEPENDENCE BOULEVARD PEMBROKE SIX, SUITE 208 VIRGINIA BEACH, VA 23462.2891 DATE: June 23, 2009 TO: CnizensofVirginia Beach ~ 2_ ~ Diana G. Ruchelman, Virginia ~Comm'~i~rvices Board Chair FROM: SUBJECT: FY 2010 Community Services Performance Contract This summary of the proposed SFY 2010 (July 1, 2009 - June 30,2010) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, required City Match Funds, Medicaid and other Fee Revenues. Estimated numbers of consumers to be served are based solely on funds made available through Medicaid, state and federal sources; services supported by local funding are not part of the State Performance Contract and therefore are not reflected in the data. The attached table is a summary of the core services and covered MR Waiver services and funding levels projected to be paid for by funds provided and reported through the Performance Contract. I I e FY 2010 C . S . ommumtv ervices Performance Contract Pror osal Summarv Proposed #of Program Service Unit Funding Consumers Mental Health Outpatient Services $1,674,060 1,140 Case Management Services $2,088,526 1,510 Residential Crisis Stabilization Services $1,370,135 430 Day Treatment'Partial Hospitalization $1,070,769 351 Rehabilitation/Habilitation $2,433,651 443 Individual Supported Employment $109,646 25 Supervised Residential Services (551) $1.379,534 82 Supportive Residential Services (581) $638,945 175 Discharge Assistance Project (OAP) N/A 10 MH Child and Adolescent Services N/A 82 Initiative Juvenile Oetentkm Center N/A 236 Mental Retarda1Uon Outpatient Services $104,526 191 Case ManagemEint Services $2,798,184 783 Rehabilitation $2,512,004 145 Supportive Residential Services $956,996 66 Intensive Residential $2,314,666 28 Group Supported Employment $436,786 55 Individual SUDDorted Emolovment $303,530 75 Highly Intensive Ftesidential $6,246,391 42 Substance Abus! Outpatient $394,415 475 Day Treatment/Part. Hosp, $412,522 33 Highly Intensive Residential Services $1,130,137 266 Intensive Residential Services $266.574 80 Supportive Residential Services $359,551 25 e III I e . e II , I , I Proposed #of Program Service Unit Funding Consumers Prevention Services $1.399.572 N/A Services Available Outside of a Program Area Emergency Services $1.372.717 2.000 Consumer Monitoring Services $23,414 244 Centralized Services $3,526.613 All consumers II I 1:1 I'l III I ~~~~ ';.~~, ,< 'l:C-'l.'1 ,{..l: ,. .'t ,,0' r.!O"'~, "'" "t.) ~O~. -;,~) ~;'i'i:A "/1 1.(<;':/ ~::.~.:'.::,'S,...f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving the City's Support of the Green Jobs Alliance ("GJA") Mission, and the GJA's Applications for Federal Grants Under the American Recovery and Reinvestment Act ("ARRA") MEETING DATE: August 25,2009 . Background: The Green Jobs Alliance ("GJA") is a Virginia-based national nonprofit partnership created in response to the Green Jobs Act of 2007, which was recently funded by provisions of the American Recovery and Reinvestment Act ("ARRA"). The GJA is requesting endorsement of its efforts to develop an evolving energy efficiency and renewable energy industries workforce. The GJA will coordinate resourcing, training, and associated support in order to establish economic independence for individual workers, including those who seek a pathway out of poverty. The GJA has been designated a State Energy Training Partner by the Commonwealth of Virginia, and it is ready to help the City mold a "Green Collar" workforce that will benefit the region's economy and environment. The efforts of the GJA will serve to catalyze the creation of new green jobs and will offer the means to provide green upgrades for many existing jobs. In particular, GJA aims to facilitate career development for at-risk youth, veterans, workers affected by national environmental and energy policy, unemployed workers, individuals in need of updated training related to energy efficiency and renewable energy, and former incarcerated, adjudicated, non-violent offenders. Specific activities will focus on the development of renewable energy industries such as promoting offshore wind power turbine manufacturing, solar and biofuels development, and green construction and renovation of buildings under the U.S. Green Building Council's Leadership in Energy and Environmental Design ("LEED") standard. From a regional perspective, GJA recognizes the offshore wind power and tidal wave technology provide enormous potential for creating green jobs in generating power for the Smart Grid - primarily along the coastlines of North Carolina, Virginia, Maryland and Delaware. . Considerations: In order to carry out its mission, the GJA will apply for federal grants available under the ARRA. Passage of the enclosed resolution will help bolster GJA's grant application, which must be submitted to the US Department of Labor by September 4, 2009. The Alliance hopes that success in its mission will produce worthwhile environmental and economic benefits for the region. I I . Public Information: Public information will be provided through the normal Council agenda process. Recommended Action: Approval Submitting De:partmentlAgency: City Manager's Offi~ City Manager: ~<, \L ~<Wt III I 1,1 . .. -'-"~---------lI.J--JI. 1 A RESOLUTION APPROVING THE CITY'S SUPPORT OF 2 THE GREEN JOBS ALLIANCE ("GJA") MISSION, AND THE 3 GJA'S APPLICATIONS FOR FEDERAL GRANTS UNDER 4 THE AMERICAN RECOVERY AND REINVESTMENT ACT 5 ("ARRA") 6 7 WHEREAS, the Green Jobs Alliance ("GJA") is a national nonprofit partnership 8 created in response to the Green Jobs Act (included as Title X of Public Law 110-140, 9 Energy Independence and Security Act of 2007) and in anticipation of the passage of 10 the American Recovery and Reinvestment Act ("ARRA"); and 11 12 WHEREAS, the GJA By-Laws and Articles of Incorporation are in alignment with 13 the Green Jobs Act; and 14 15 WHEREAS, the GJA has been designated a State Energy Training Partner by 16 the Commonwealth of Virginia; and 17 18 WHEREAS, the GJA is an organization formed by renewable energy industries 19 and labor organizations, that includes a coalition of higher educational institutions, 20 career and technical training schools, community service organizations, environmental 21 groups, workforce investment boards, green construction companies, sustainable small 22 businesses, and veteran's groups, who have partnered to provide education, green 23 workforce training, job placement, and career development; and 24 25 WHEREAS, the mission of the GJA is to coordinate the resourcing, training, and 26 associated support for the development of an evolving energy efficiency and renewable 27 energy industries workforce with a goal of economic independence for individual 28 workers, including unemployed and underemployed workers, veterans, at-risk youth, 29 workers affected by national environmental and energy policy, individuals in need of 30 updated training related to energy efficiency and renewable energy, and former 31 incarcerated, adjudicated, non-violent offenders, and those who seek a pathway out of 32 poverty; and 33 34 WHEREAS, the ARRA authorizes $500 million in competitive grants for green 35 workforce training, and 36 37 WHEREAS, the Department of Labor has split this funding into five separate 38 grant competitions for strategic partnerships and other entities to prepare workers for 39 careers in energy efficiency and renewable energy industries; and 40 41 WHEREAS, the GJA is applying for an Energy Partnership Grant. 42 43 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: If ' 45 That the City of Virginia Beach endorses the efforts of the GJA and this 46 application for a federal grant to provide green workforce training to the Hampton Roads 47 region and the Commonwealth of Virginia. 48 49 Adopted by the City Council of the City of Virginia Beach, Virginia, this 50 day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A4#-iQ ~ City Manager's Office ~~~ City Attorney's Office CA11272 R-2 August 17, 2008 II I Iii II ill ~A~ "",,\\A'8 6'> ,{",,,,,, 'Y.j~ r", !.. ft;, ) \~,~ ;,:fJ \'S,' ,. ,,0'0' "~.....""" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting On-Road Bicycle Accommodations MEETING DATE: August 25, 2009 . Background: In 2004, City Council amended the Master Transportation Plan component of the Comprehensive Plan to incorporate a Bikeways and Trails Plan. The Bikeways and Trails Plan calls for a comprehensive system of bikeways and trails, including multi-modal accommodations, but it does not specifically address on-road bicycle accommodations. On-road bicycle accommodations include bike lanes, wide curb lanes, certain shoulder improvements, and certain signage and road markings for shared-use, as well as other physical improvements and traffic control devices. On-road bicycle accommodations-in particular, bike lanes-are preferred by many long-distance, sport, and higher speed cyclists, and dedicated bicycle lanes better protect the safety of both bicyclists and motorists. On-road bicycle accommodations not only could be incorporated into certain roadway projects in addition to multi-modal accommodations and sidewalks, but, in some instances, also could be included as part of roadway projects for which multi-modal accommodations are not feasible. . Considerations: That resolution provides that the City Manager shall conduct a review of the Bikeways and Trails Plan component of the Comprehensive Plan, in consultation with the Bikeways and Trails Advisory Committee, with an emphasis on identifying existing and proposed roadways that would be appropriate for the inclusion of on-road bicycle accommodations, and, where feasible, incorporate such accommodations into existing or planned road improvement projects. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution Requested by Council member Wilson I I REQUESTED BY COUNCILMEMBER WILSON 1 RESOL.UTION SUPPORTING ON-ROAD BICYCLE ACCOMMODATIONS 2 3 WHEREAS, the City Council of the City of Virginia Beach desires to make 4 reasonable accommodations for the various users of the City's public roads, including 5 motor vehicles, pedestrians and bicyclists; and 6 7 WHEREAS, in 2004, City Council amended the Master Transportation Plan 8 component of the Comprehensive Plan to incorporate a Bikeways and Trails Plan; 9 10 WHEREAS, the Bikeways and Trails Plan calls for a comprehensive system of 11 bikeways and trails, including multi-modal accommodations, but it does not specifically 12 address on-road bicycle lanes; 13 14 WHEREAS, on-road bicycle accommodations include Bike Lanes, Wide Curb 15 Lanes, certain shoulder improvements, and certain signage and road markings for 16 shared-lane use, as well as other physical improvements and traffic control devices as 17 established in professional guidelines and standards issued by the American 18 Association of State Highway and Transportation Officials ("AASHTO"), the Virginia 19 Department of Transportation ("VDOT"), the Federal Highway Administration ("FHW A") 20 Manual for Uniform Traffic Control Devices ("MUTCD"), and other recognized 21 authorities; 22 23 WHEREAS, on-road bicycle accommodations, in particular bike lanes, are 24 preferred by many long-distance, sport, and higher speed cyclists, and dedicated 25 bicycle facilities better protect the safety of both bicyclists and motorists; and 26 27 WHEREAS, on-road bicycle accommodations not only could be incorporated into 28 certain roadway projects in addition to multi-modal accommodations and sidewalks, but, 29 in some instances, also could be included as part of roadway projects for which multi- 30 modal accommodations are not feasible. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEA,CH, VIRGINIA: 34 35 That the City Manager or designee shall conduct a review of the Bikeways and 36 Trails Plan component of the Comprehensive Plan, in consultation with the Bikeways 37 and Trails Advisory Committee, with an emphasis on identifying existing and proposed 38 roadways that would be appropriate for the inclusion of on-road bicycle 39 accommodations, and, where feasible, incorporate such accommodations into existing 40 or planned road improvement projects. 1 I Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ,2009. APPROVED AS TO LEGAL SUFFICIENCY: :A?~X- City Attorney's Office CA 11255 R-4 August 11, 2009 2 Ii I-III II I II 1'1 ill CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds to Provide a Different Funding Source for a Local Grant Match for the Fire Department. MEETING DATE: August 25, 2009 . Background: Previously, City Council adopted an ordinance to accept, appropriate, and transfer funds for the Fire Department (ORD # 30751, adopted April 14, 2009). The accepted and appropriated funds came from a federal grant. The transferred funds came from state Fire Programs funds and were a required local grant match. Of the $184,557 local match in that ordinance, $102,000 was for replacement and upgrade of roughly 34 Electrocardiogram (ECG) monitors on front line apparatus for a total cost of $510,000. The ECG monitors were to be used in the provision of services to the general public. The Virginia Fire Services Board governs the use of Fire Programs funds as provided by the Virginia Code S 38.2-401. The code section and the board restrict the use of Fire Program funds to the purchase of emergency medical services equipment used by firefighters to treat other firefighters. Recently, the Fire Department was made aware that the funds could not be used for the local match for the ECG monitors because this use was not specifically for firefighters. . Considerations: Due to the restrictions on the use of Fire Program funds, an alternate means of providing the local match is required. This ordinance will change the funding source for the local match for the ECG monitors to the FY 2009-10 Operating Budget of the Department of Emergency Medical Services for defibrillator replacement ($50,000) and the General Fund Reserve for Contingencies ($52,000). Funds of $1,616,568 are available in the General Fund Reserve for Contingencies as of August 5,2009, including the amount requested here. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: Without this funding source change, the 2008 Assistance to Firefighters Grant FY 2008 would have to be partially returned and 34 ECG monitors that are on front-line apparatus could not be replaced or upgraded. . Recommendations: Approve the transfer of funds. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ~ City Manager: ~ It. . 0-cs>~ I I I 1 AN ORDINANCE TO TRANSFER FUNDS TO 2 PROVIDE A DIFFERENT FUNDING SOURCE FOR A 3 LOCAL GRANT MATCH FOR THE FIRE 4 DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $102,000 is hereby transferred from the 2008 Assistance to Firefighters 10 Grant to the FY 2008-09 State Fire Programs Grant Fund. 11 12 2) $50,000 is hereby transferred from the FY 2009-10 Operating Budget of the 13 Department of Emergency Medical Services to the Fire Department as part 14 of the local match for the 2008 Assistance to Firefighters Grant for the 15 purpose of purchasing Electrocardiogram monitors. 16 17 3) $52,000 is hereby transferred from the FY 2009-10 General Fund Reserve 18 for Contingencies to the Fire Department as part of the local match for the 19 2008 Assistance to Firefighters Grant for the purchase of Electrocardiogram 20 monitors. 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: A ci:JJ(~ Management Services ~~c~ --. CA11268 R-2 August 12, 2009 I I II ~+--i'I. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State and Federal Funds to the FY 2009-10 Operating Budget of the Department of Human Services MEETING DATE: August 25, 2009 . Background: Since the adoption of the City's FY 2009-10 budget, additional state and federal funding has been granted to the Department of Human Services. The Virginia Department of Criminal and Justice Services has awarded $120,000 for community corrections and pretrial services to fund for two new Pretrial Probation Officers and some operational costs to perform investigations on adult defendants appearing in arraignment court. With this funding, an additional 700 investigations each year will be provided and an additional 250 defendants per year are expected to be placed on pretrial supervision, saving the cost of incarceration of these individuals. The Virginia Department of Behavioral Health and Developmental Services administers the Projects for Assistance in Transition from Homelessness (PATH) program that provides funding to localities. Of the 40 Community Service Boards (CSB) across Virginia, Virginia Beach ranks 2nd highest in estimated need for PATH funds due to its population, large land mass to cover with massive rural areas, and federal and state parks. Virginia Beach's PATH program has been awarded an additional $47,570 federal funding. This on-going funding will provide for one full-time Mental Health/Mental Retardation (MRMH) Assistant to provide community mental health services directly and provide facilitated referrals and connections to mental health services. . Considerations: This funding addresses pressing service needs. The funds will be used for the addition of three new FTE, which the ordinance makes contingent upon continued federal and state funding. No additional City funds are required for these positions or programs. These revenues are anticipated to be stable and recurring. . Public Information: The use of funds was endorsed by the CSB at the July 30th meeting, and public information will be coordinated through the normal Council agenda process. . Recommendations: Accept and appropriate state and federal funding as well as increase the number of FTEs by 3 (one MHMR Assistant, two Pretrial Probation Officers) . Attachments: Ordinance Recommended Action: Approval --) ,-c' .x / " 1/J44 ( Submitting Department/Agency: Human Services i '- /t/' i:.C? City Manager~ \ t. ~ill'1 I I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 AND FEDERAL FUNDS TO THE FY 2009-10 OPERATING 3 BUDGET OF THE DEPARTMENT OF HUMAN SERVICES 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1. $120,000 from the Virginia Department of Criminal Justice Services is hereby 8 accepted and appropriated, with state revenues increased accordingly, to the FY 9 2009-10 Operating Budget of the Department of Human Services to perform 10 investigations on defendants appearing in arraignment court; 11 12 2. $47,!i70 in federal pass-through funding from the Virginia Department of 13 Behavioral Health and Developmental Services is hereby accepted and 14 appropriated, with federal revenue increased accordingly, to the FY 2009-10 15 Operating Budget of the Department of Human Services to provide mental 16 health services in the Projects for Assistance in Transition from Homelessness 17 Program; and 18 19 3. The Department of Human Services is hereby increased by two additional full- 20 time Pretrial Officers (2 FTEs) and one additional Mental Health/Mental 21 Retardation Assistant (1 FTE), contingent upon continued federal and state 22 funding of these positions. 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: (\~!' D(I'V~ I\kA(\ ; J \ .) , -~. . t I .\ Management Services ~~Y- City Attorney's Office CA11258 R-2 August 11, 20m' I I III I N. PLANNING 1. Application of CHURCH OF JESUS CHRIST OF LATER-DAY SAINTS, for a Change of Zoning District Classification from 1-2 Heavy Industrial District to Conditional 0-1 Office District at 4873 and 4883 Bonney Road and a Conditional Use Permit re: religious facility. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROV AL 2. Application of HAMPTON ROADS CHURCH OF CHRIST for a Modification of Condition Nos. 1 and 2 (approved by City Council on February 23, 1999) re: temporary, portable structures. DISTRICT 7 -- PRINCESS ANNE RECOMMENDATION APPROV AL 3. Application of RICHMOND 20MHZ, LLC, d/b/a NTELOS/ROBERT B. TIMMS & c. ARTHUR RUTTER, III, TRUSTEES, for the Modification of Condition No.1 (approved by City Council on January 13, 1998) re: extension of the existing tower from ISO-feet to 1 67-feet. DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROV AL 4. Application of TOWN CENTER ASSOCIATES for a Conditional Use Permit re: multi- family dwellings at Block 9 within Town Center. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 5. Application of ANTHONY CATALDO/CATALDO INDUSTRIES III, L.L.c., for a Conditional Use Permit re: bulk storage at 317 Village Road. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 6. Application of JENIFER and KELLY BRITT, for a Conditional Use Permit re: skateboard ramp at 825 Hanover Drive. DISTRICT :2 - KEMPSVILLE RECOMMENDATION APPROV AL I I 7. Ordinance to AMEND g20I of the City Zoning Ordinance (CZO) re: setback for piers. RECOMMENDATION APPROVAL III NOTICE OF PUBLIC HEARING Virginia BE03cn City Council ~I m~ In the Chamt...r at City Hall. Municipal Cenw. 2401 Courthouse Driw.. Tuesday, AtCust 25. 2009. at 6:00 P,nI. The fi;.llowing applications ....Hl be heard: KEMPSVILLE DISTRICT Th"" Church Of J09sU~ Christ Of Ww-Day Saints Application: Chance of Zoni'lt Cjgtrlct Classification from '-2 H'!!8\IY Industriqf to Conditional 0-1 OffIce at 4873 and 4883 Bonney Road. Compr9hens/ve Plan - Prima/)' R.91dentlal .o\re8. PUrp0508 - .;hurch. The Church Of J<89Ua Christ Of Latter-Day Saints Apptication: Conditl"....1 Uu P...nnlt for a church at 4873 and 4883 Bonn4!'y ROEId Jenlfer & !<@II)> Britt AppHcation: (:nnditlcnlll 1I_ Pennlt for a skateboerd ramp at 825 HanCNef Driw. PRINCESS ANNE DISTRICT Richmond 20M HZ, LLC, D.B.A. nTei/ol/Robert B. Timms & C. Arthur Rutter. III. Trustees Application: Modification of Conditione (pffl'liouely approved by City C ounal on Janus ry 13. 1998) at 26l$5 Indian RI_ Road. Hampton Roads Church Of Christ Applcatlon: Mcdlllcatlon at Conditione (pl'e'Aou. approvals by City Counal on July 11. 191)5, Novllmber 18. 1997 and Febru8I)J 23, 1999) at 2520 Holland Road. BEACH DISTRICT Anthony Cataldo/Cetaldo InduWlee Ill, LL.C. ."pplketlon: Conditione I Ute Permit fur a bJlk storClge at 317 Village Road. CITY OF VIRGINIA BEACH OrdlnBn08 to Amend Sectlon 201 of the City Zoning Ordinance pElrtalnlng to setbecks for pi..... L YNNHAVEN DISTRICT To",," Center "ssod8te!l ~Icatlon: Conditional U_ Permit for multi-family dvoelllr1gB at Columbus S1roMt. (GPIN 1477541429) ROSE HALL DISTRICT "ME Unlt.d. Ino./Green Run Square Nl60C., LLC AppHcatlon: Condltlc.nel Use P>!!lnnlt fOl a nlghtclub/baf at 3320 H9Iland Roell. Suite 1118. (Ellpadlt8d from AugU6t 12. 2009 P1enn1ng Commlsalon) 0\1 I nt.e1'll6tad dtlzene are invited to attend. Ruth Hodgeg Fraser. MMC City CJerlol Copi.s ,;11 th@ proposed ordinano::e!l, resolution... and amendments are on file and nl8)' be ",.amlned In the Department .':If Planning or mllne .r Irttp:/ /WWW.Yb&cw.com/DC f',)r infC4"mll1ion call 385-4621. If you are phy.lcally dlMllltd Ck viaually Impaired and n",ad a9sistanoe at this meeting. plesse call the CITY CLERK'S OFFICE at 385-4303. B~con August 9 '" 16, 2009 20447185 I I CHURC;H OF JESUS CHRIST OF LATTER-DAY SAINT!; CUP - for f-?eligious Facility Conditional Zoning Change from 1-2 to 0-1 Relevant IInformation: Kempsville District · The clpplicant requests a Change of Zoning for an abandoned industrial site (1-2 Heavy Industrial to Conditional 0-1 Office) and a Use Permit for a religious facility. · The clpplicant proposes to develop the site for a church building and asso,ciated parking. · The building is designed in traditional church style with exterior materials of brick and EIFS. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval · Them was no opposition. · Consent agenda. I I i I III I ':~~ ,{~~ ~",..,. '~';',S:t.;.' ,.0,. "'~' ~", ,,~, \~~""'t~;# t.;'';'' ".",<... -':;'~~'.";r' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, Chanae of Zonina District Classification (1-2 Heavy Industrial District to Conditional 0-1 Office District) and Conditional Use Permit, religious facility, 4873 and 4883 Bonney Road. KEMPSVILLE DISTRICT. MEETING DATE: August 25,2009 . Background: The applicant requests a rezoning of the portion of the property zoned 1-2 Heavy Industrial District to Conditional 0-1 Office District. The applicant proposes to combine the rezoned area with a portion of the site currently zoned 0-1 Office for the purpose of constructing a church. The applicant is also requesting a Conditional Use Permit for the church. The Comprehensive Plan Map identifies this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non- residential, in and around these neighborhoods should serve as a guide when considering future development. The northern side of Bonney Road, opposite the subject site, is part of Strategic Growth Area 4. . Considerations: The submitted site development plan depicts a building footprint of 190-feet by 100-feet (190' x 100'). The proposed building is situated 85 feet from the front property line adjacent to Bonney Road and 70 feet from both the side property line on the southern portion of the site and the rear property line along the western portion of the site. The proposed parking lot contains 142 parking spaces dispersed along all sides of the building. A proposed stormwater management facility occupies the northernmost portion of the site. A rendering of the proposed building submitted with the application depicts a traditional church building style. The proposed building materials include brick and E.I.F.S. (exterior insulation finish system). I I THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Page 2 of 2 This is the last remaining portion of office and industrial zoned property in this area of Bonney Road. The southern portion of the site has been zoned for industrial use dating back to the 1960s, but is no longer used for industrial purpose::;. The land use trend in the surrounding area has been toward higher- density residential uses. The current proposal for a church, therefore, is appropriate, being compatible with the developing residential nature of the area and being of high quality design. 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 with 1 abstention to recommend approval to the City Council as proffered and conditioned: The existing sidewalk along Bonney Road shall be relocated when the proposed right-turn lane is installed. A five-foot wide sidewalk along the frontage of Bonney Road, designed in accordance with the City of Virginia Beach Public Works Specifications and Standards, shall be required. . 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 i 't .~ City Manage,(;::~ 'It- 10ebYJ'L Y -;; .,A...~.. t GP . for Re/rgi()m r ?(]Jjlr C~'J1(!{{j{)n.Jl Zonlng Ch.m~:e 1n>m 1~2 tll O-J II III I 1&2 July 8, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS ST AFF PLANNER: Faith Christie REQUEST: Conditional Chanqe of Zoninq (1-2 Heavy Industrial District to Conditional 0-1 Office District) Conditional Use Permit (Religious Facility) ADDRESS I DESCRIPTION: 4873 and 4883 Bonney Road GPIN: 14771086200000; 14772011860000; 14772000337000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 3.8948 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing 1-2 Heavy Industrial District to Conditional 0-1 Office District, combine it with a portion of the site currently zoned 0-1 Office, and obtain a Conditional Use Permit to develop the entire site with a religious facility, The submitted site development plan depicts a building footprint of 190-feet by 100-feet (190' x 100'), The proposed building is situated 85 feet from the front property line adjacent to Bonney Road and 70 feet from both the side property line on the southern portion of the site and the rear property line along the western portion of the site, The proposed parking lot contains 142 parking spaces dispersed along all sides of the building, A proposed stormwater management facility occupies the northernmost portion of the site. A rendering of the proposed building submitted with the application depicts a traditional church building style. The proposed building materials include brick and E.I.F,S. (exterior insulation finish system), THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1& 2 Page 1 I I LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is partially developed with an abandoned office building and associated parking located on the 0-1 Office portion of the site, A warehouse is located on the 1-1 Industrial portion of the site. SURROUNDIUG LAND USE AND ZONING: North: . Bonney Road . Across Bonney Road is the developing Cornerstone residential project / PD-H2 Planned Unit Development (A-24 Apartment) . Townhomes / A-12 Apartment . Bonney Road . Across Bonney Road are vacant structures and parcels /1-1 Light Industrial and B-2 Business . Townhomes / A-12 Apartment South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is partially developed with an office building and associated parking. There is a small stand of trees existing between the 0-1 Office portion of the site and the 1-1 portion. Shrubs are located along the frontage of the 1-1 portion of the site. There do not appear to be any significant natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in front of this application is a two-lane collector street. The Master Transportation Plan depicts an undivided roadway within a 70-foot wide right-of-way. A Capital Improvement Program (CIP) project is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study will develop short- term, mid-term, and long-term alternatives for transportation needs in the area. As part of the long-term improvements, there are three alternatives that propose widening Bonney Road from a two-lane roadway to a three-lane roadway. It is unknown at this point if or what impacts there will be to the proposed site. No alternatives or alignments have been approved to this date. TRAFFIC: Street Name Present Generated Traffic Volume Present Capacity Bonney Road 3,820 ADT 9,900 ADT I Existing Land Use 'L - 245 ADT Proposed Land Use 3 - 586 ADT (188 Peak Hour Vehicles Average Daily Trips 2 as defined by 3,9 acres of 1-2 Heavy Industrial Zoning 3 as defined by 16.000 sq, ft, Church Comments - Traffic Enaineerina: . Since ':he proposed development falls within 3,000 feet of a state controlled highway, it is subject to the Traffic Impact Analysis Regulations under VDOT Section 527. However the proposed church use THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1 & 2 Page 2 'I III I does not generate the necessary number of trips for a study. Therefore, a Traffic Impact Analysis (TIA) is not required under the VDOT regulations. . The proposed development meets the City of Virginia Beach requirements for a Traffic Impact Analysis under Sunday traffic only. Since this site experiences the majority of its traffic during church services, the potentially negative impacts to Bonney Road would be limited to several hours on a Sunday. A left-turn lane on Bonney Road for the site entrance may be necessary and will be further investigated during Site Plan review. Comments - Ennineerinn: . A reservation of 5 feet along Bonney Rd may be required such that the ultimate right-of-way of 70 feet, in accordance with the Master Transportation Plan, as amended 10/12/04, is achieved. WATER: This development must connect to City water. There is an 8-inch City water main along southeastern portion of Bonney Road, and a 10-inch City water main along the northwestern portion of Bonney Road, SEWER: This development must connect to City sanitary sewer. The applicant must provide an analysis of Pump Station 507 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an 8-inch City sanitary sewer gravity main along Bonney Road, SCHOOLS: School populations are not affected by this request. Recommendation: Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map identifies this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The request to rezone the existing 1-2 Heavy Industrial District to Conditional 0-1 Office District and obtain a Conditional Use Permit to develop the site with a religious facility is acceptable, This is the last remaining portion of office and industrial zoned property in this area of Bonney Road. The southern portion of the site has been zoned for industrial use dating back to the 1960s. The northern portion of the site requested a rezoning to B-2 Commercial and a Conditional Use Permit for bulk storage in 1989. Staff recognized the emerging strong residential character taking hold in the area and recommended denial of the request. The applicant at the time was being displaced by the Bonney Road Connector project. The request was modified to 0-1 Office to accommodate the office facilities of the existing property owner. The current proposal for a church is appropriate, being compatible with the developing residential nature of the area and of high quality design, Approval of the requests with the following proffers and condition is recom mended. PROFFERS THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1& 2 Page 3 I I The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (9107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property us redeveloped, it shall be redeveloped substantially as shown on the exhibit entitled "Existing Site Conditions & Demolition Plan", dated 11/18/08, prepared by Dills Ainscough Duff Architects, which has bel3n exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department cf Planning (hereinafter referred to as the "Site Plan"). PROFFER 2: When the bui ding depicted on the Site Plan is developed, its exterior appearance shall be substantially similar to the architectural features, details and building materials on the exhibits entitled "Exterior Elevations," and "Heritage 98 Traditional," prepared by Dills Ainscough Duff Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is re-developed, the interior property lines of Parcels A, B, and C shall be vacated, as shown on the Site Plan. PROFFER 4: Further condilions may be required by the Grantee during detailed Site Plan and / or Subdivision a review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable CitY' Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 26, 2009, and found it to be legally sufficient and in acceptable legal form. USE PERMIT CONDITION The existing sidewalk along Bonney Road shall be relocated when the proposed right-turn lane is installed. A five-foot wide sidewalk along the frontage of Bonney Road, designed in accordance with the City of Virginia Beach Public Works Specifications and Standards, shall be required. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submittl~d 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) conc,gpts and strategies as they pertain to this site. THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1 & 2 Page 4 I I II III I " ." \ . , '~\~ ':. I' f I , , AERIAL OF SITE LOCATION THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1 & 2 Page 5 I I ,--~ - NVld NOUllOI'\I30 I 'Ii' SUOUlONOO 3115 ONliSIX3 I--- a\lOlJ A3NN09 ' I ;ino~;-05S~~l1 :lOlSIIl~~~~g;grnH" 3Hl: J .,;-- i ;1 ,...,., 1(it,,).l ~ !lh "" Ci '" "..":~..;; i lis !I.i< ~ . ~ . c> PROPOSED SITE PLAN THE CHURCH OF JESUS CHRIST OF LA TTER.DA Y SAINTS Agenda Items 1 & 2 Page 6 I I '-1; , , 7, j " r; .1! ~ II III I < ~] ~ < , <I I. ~t EHIJ PROPOSED BUILDING ELEVATIONS THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1& 2 Page 7 THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda \temS " & 2 Page 8 RENDERING OF PROPOSED BUILDING II III I CUP - for f-?eligious Facility Conditional Zoning Change from 1-2 to 0-1 1. 2/27/89 Rezoning (R-8 Residential to 0-1 Office, Approved modified from B-2 Commercial) 1/23/89 Conditional Use Permit (Bulk Storage) Withdrawn 8/10/87 Rezoning (R-8 Residential to 1-2 Heavy Denied Industrial) 11 /29/65 Rezoning (RD 2 Residence Duplex and CG 3 Denied General Commercial to MI 3 General Industrial) 2. 2/11/03 Modification of Proffers Approved 11/14/00 Modification of Proffers Approved 6/13/00 Modification of Proffers Approved 7/13/93 Rezoning (R5-D Residential to B-2 Commercial) Approved 3. 6/18/84 Rezoning (R-8 Residential to A-1 Apartment Approved with a PDH Overlay) 4, 6/25/91 Conditional Use Permit (Motor vehicle sales, Approved rental and service) 3/12/91 Conditional Use Permit (Small enqine repair) Approved 5. 4/5/05 Rezoning (A-12 Apartment to A-24 Apartment Approved with a PDH Overlav) ZONING HISTORY THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1 & 2 Page 9 I I I DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporation, partnership firm business, or other unincorporated organization complete the followIng' 1, Ust the applicant name followed by the names of all officers, members trustees, partners, ete, below: (Attach list if necessaryJ corporation of t::1E: Presi d of 'IDe Crl'.1n:h of.' ,"fpsm,; Christ of Saints, a Uta!1 Corporation::ole:; se:eattachE:ti list of officers. 2. List all businesses that have a parent-subsidiary 1 or affihatedbusmess entity" relationship with the applicant (Attach list if necessary) 1hE~ C\mer is a non-profit corporation that has no a ttlat calise a potentiill conflict of interest to the City. D Check here if the applicant IS NOT a corporation, partnership firm, bUSiness, or othm unincorporated orgamzation PROPERTY OWNER DISCLOSURE Comp/ote thiS section only if property owner is different from applicant If the p 'operty owner is a corporation partnership, firm, business, or other unincorporated organization, complete the following: i 1, Ust the property owner name followed by the names of all officers. members, trustees, partners, etc, below: (AttacI1/ist if necessafY) 2, list all businesses that have a parent-subsidiary 1 or affiliated bUSiness entitl relationShIp with the applicant (Attach list ff necessary) o Check here if the property owner is NOT a corporation, partnership ,firm, business, or other unincorporated organization, ;----^''2''""'''.-'''',,,.,,----~- - & Se'~ next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? YesD__ No JIL If yes, what is the name of tile official or employee and the nature of their mterest? THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1 ..~ 2 Page 10 II III I DISCLOSURE STATEME 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 ofarchltectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) See attachec list. . Parent-subsidiary relationship' means Ua relationship that eXists when one corporation directlY or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government ConflIct of Interests Act Va, Code ~ 2,2-3101 2'AffiHated business entity relationship' means "a relationship other than parent- subsidiary relationship, that eXists when {i) one business entity has a controlling ownership rnterest in the other bUSiness entity, (Ii) a controlling owner In one entity IS also a controHlng owner in the other entity or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;. the bUSiness entities share the use of the same offices or employees or otherwise share activities resources or personnel on a regular basis. or there IS otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act. Va. Code ~ 2,2-3101 CERTIFICATION: i certfy that the information contained herem IS true and accurate j understand that upon receIpt of notification (postcard) that the appilcatlonhas been scheduled for publiC heaflngl am responSible for obtainmg and posting the feqUlfed sign on the subject property at least 30 days pnor to the scheduled publiC heanng according to the mstrucllons H: thiS package The underSigned also consents to entry upon the subject property by employees of the Department of Planrl1::~~lotOgTa~h and view the SIte for purposes of processing and this applicatrorr ~~." J' iJ 1, ' .mm__ i ~~ l,j Si!f! ---- . /' i ~r. ':""-JIll-L. iN 0 ~._"A'~__.,_,. ...........~~-""'_______,___.~__,<_ Prmt Name than Prrt THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1 & 2 Page 11 I I - c-~3a'-7'" ...).J -; /t)Y :;/,/5' c::rmTIFlCATE OF At THOR.IT \ RECEIVED ~::~.:r@ t .H, 'DflVL BJrto:1, do here~: C~:1.;t:' tHe Bt$!ldP O. ,;~us Chnst La't'ft-j,::'y $air.:ts~ asso~~ation; and by\.:rtue 0;.' ~,J:h c,:~tTte I [lIn tnCtn~ber;t j~' the CC~G1'at10n ::~' 1h~ Q~":"hc Church of Jesus Ch.LS~ ~,~':..,dtter-d.ay Satnts, B ;:'):"'tt;~~t1io1l s01e~ organize': .;;rJer the la\.v~ ()fth~ :-;trtte tr:'TJtah~ that! B:i: tr.e': pe'rsnr m rhe /\r:~CitS of,,:t1:c:)rporatlon Q!'saio ,corpcnlboL 'jed t) '~i~::l :t~1(i ;xecub dr;..),j:> UtA) o:hcr inst1~urner:~'.':: (f~vrl';inr :a~,~ t011'an5&ct tn.;sine~;'~ cr..-;a.id cnrpotllth~no~t^, pHbl~3nt to the provls,nn:: ~J:-Titie16>; -:, S~..ct:;;t: B .}f'~ne lJtaf1 Coue A.Lr;;)r.t!{~.0, !9>1,as nJJlen,,~;:d: E:l>.w ~ha' 'pursnnnt to sait.: SbctUH 6,,7,,8,1 hereby dC5:gnate and appomtTerry.1. Spallin!) tis, agent antbc:'izcd Jnd ern)ower-~c., in transactH)t1S whose doni!; vatue does not exceed $5tOCl",~"nt;t , :m the NLtrtn /..rneric:l :::a!\t andhdnh Ar:re<c~~~vrtbeJ.St Areas o:The ChJfCh of Jesus Ch6st ~y~' :..atle:~.jav SasnlS' la: to eX~.;.'Jte agreenlents, contracts and 01heruoc:umen-t'lpel1uin':ne :(~ [he t~f,)W~~rtlctl<nL, 1ncintenaf)(e~ !"~~p13ir~ u!:eratinn or :i~:n(Jntoll ofreec:ing::ouse t:1iciEties: n.i :0 ~xec:ute deeds,. easen-H~r.A3 a71u uther 1nstruraent:s., sa,d~ and :{Jr!traCE. 0[ nth,,: repQ'rts~ :itle Joctnnents and other documents rdating if! t~e sale. exchar:ge, rie"\.'e;npment, U$e~ Jeilse, taxatkm. en':,'J:1~branceandrelease theren:~ of malar::1 penOfta property of any Kllld, and mortgages, L.:: tD exec ",te, fiie 1;1.1. ;rosecJ.rte rea! /ino persc::ei pmperty of any kind. a;:>pl ::2.t:c:~:r~~ ;.:.;~n;FUUDL dna ?:o~e;":;l~\ This Certificate of Authority supersede$ and replaces that eertllin U,nificate of Authority UlItOO MIl~ 26, 21lfl6 granted It, [("heM C. Craig by H. 1)lIYW Burton, the inCll.mbCll( r>r .sllid Corp<ll'litioll of the Prt'siding Bishop of lhe ClmrC:b of.:rcsu~ Chrisl uf Latter-day SaInts. ._.n d" C~:r\h,. "'1 ..,""~ SlIItd UlIIIl"" ate . ::llS ~ ca) 0, ,Ii ay,..~'" , ~dCodlallfGt 0Mli0lI"~ n,~Code I hIfttlt certiIIlI_lIle ~__1IIId And.JPIIIMd 0II1his1i!l:t_ ""IOa... In HI ollIce oIlIlls OMlillln W II,Irftr iIMd Ihis Certillcl~hlttoI. Examiner . L-Dalt 5/~e>1 / ' i...~... rM$lon CORPORATlOX or no:; I'RESmL'l,fG BISHOP or TIlT CHt ReH OF JESUS CHRIST OF LATTER-HA Y SAI.NTS. /i C:ah corporatlon so.e ~/ /I '/1"--/... rg' ,/ ~m" ,1 By: ,. _ ~~ ~___m "/ .",' "^: ~'? ."'..t..,...... .......~."'. ., _ l-l. D~~ .,1..d"tJe;". ,/ ~ - 5'r<,~'rT DF "L;TAH : S$ :;())N"'r'V or $/\.:,:'''' <\KE l::'t H1H~ h,: of !v!aY~ 2tAJ:, personali) appeared :,efc:-e me;"': '!)e"VHJ Ih.!.rton~ "t}ersonaU> kU0\Vn tc t~fThf: Chureh oflesus Chds'\ n.n .,utrcr-d;,:) Sair>T~, >x~::) duly acknowiedged lDE ins!ru.m~nt .~s incu::-,b-'ent oft-he Cnrporntion ~lftLt )H~~;i,~:i;l~.v BbhtT ofTl'le Church Latter..cay S~irrt&" and ;h~ s3id H. IJavid Burton i1ct:.nD\vll':Uip:d tc an: ::1.at sn.:j :nIT.!(}rat~on c-f h$l~<~, eKb;'u';eJ th~~ ...Ar'A,::. :----- -NOt:-PUb~-' ! MARIA EllfiA NELSON I I s: EiMl_ '-*'. 2W VI I I i f\m')tintPeKf~~51 Dn DISCLOSURE STATEMENT THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAI~TS Agenda Items 1 & 2 Page 12 II III I >\11.\('11'-11'\'11 t I U~ I 01- 01' FI( ER~ I H. Ua\ iJ Burton, Prcsidin:! Bi,llOp Spdlino, Dircdor oj' j <.:mpural A1Jilif" * \TI \( H\lE',I' 2 I SER\ In. I'ROVIOERS c. ( omJlan~ \1 \_\ \ i l iancc \n:s("",.:h Dun T~ Pi: of Service I<.::"i I ,tak \n:hucl'l I Sun (': or jl1'<; ~ >:~!al ~(T\ let'S 'h..'P ~'("l DISCLOSURE STATEMENT THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS Agenda Items 1 & 2 Page 13 I I Item 1 & 2 The Church of Jesus Christ of Latter Day Saints Change of Zoning District Classification Conditional Use Permit 4873 and 4883 Bonney Road District 2 Kempsville July 8, 2009 CONSENT Janice Anderson: The next group of matters we are going to address are those items that we have placed on the consent agenda. That section is going to be handled by our Vice Chairman Joe Strange. Joseph Strange: Thank you. This afternoon we have 10 items on the consent agenda. The first matter is consent agenda items 1 and 2. It is an application ofthe Church of Jesus Christ of the Latter Day Saints for a Change of Zoning District Classification from 1-2 Heavy Industrial District to 0-1 Ofjice District on property located at 4873 and 4883 Bonney Road and an application of the Church of Jesus Christ ofthe Latter Day Saints for a Conditional Use Permit for a church on property located at 4873 and 4883 Bonney Road, District 2, Kempsville with four (4) proffers. Is there a representative on this application? Janice Anderson: Vii eIcome. Thank you. Good afternoon Madame Chair. My namc is Jocl Ankncy. I am an attorney representing the church. This is my first time before the Commission. I am available to answer any questions that you might have. We appreciate you putting us on the consent agenda. Janice Anderson: Welcome. Joseph Strange: Is there any opposition to these matters being placed on the consent agenda? The Chairman has asked Hemy Livas to review these items. Henry Livas: The applicant proposes to rezone the existing 1-2 Heavy Industrial District to Conditional 0-1 Office District, combine it with a portion of the site currently zoned 0-1 Office, and obtain a Conditional Use Permit to develop the entire site with a religious facility. The submitted site development plan depicts a building footprint of 190- feet by 100- feet. The proposed buiIdingls situated 85 feet from the front property line adjacent to Bonney Road and 70 feet from both the side property line on the southern portion of the site and the rear property line along the western portion of the site. The proposed parking lot contains 142 parking spaces dispersed along all sides of the building. A rendering of the proposed building submitted with the application depicts a traditional church building style. The existing site is partially developed with an abandoned office building and associated parking located on the 0-1 Office portion of the site. A warehouse is located on the 1-2 Industrial portion ofthe site. Since the proposed development falls within the 3,000 feet of a state controlled highway, it is subject to the Traffic I I II III I Item 1 & 2 The Church of Jesus Christ of Latter Day Saints Page 2 Impact Analysis Regulations under VDOT Section 527. However, the proposed church use does not generate the necessary number of trips for a study. Therefore, a Traffic Impact Analysis is not required under the VDOT regulations. The request to rezone the existing 1-2 Heavy Industrial District to Conditional 0-1 Office District and obtain a Conditional Use Permit to develop the site with a religious facility is acceptable. Therefore, we have placed the project on the consent agenda. Joseph Strange: Thank you Henry. Madame Chairman, I make a motion to approve agenda items 1 & 2. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. Phil? Phil Russo: Madame Chairman, I need to abstain from items 1 & 2, as I have a business relationship with Council for the church. Janice Anderson: Thank you. AYE 10 NAY 0 ABS1 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIV AS AYE REDMOND AVE RIPLEY AYE RUSSO ABS STRANGE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved items 1 & 2 [or consent. I I Faith Christie l~~ \ *L 'om: _ant: To: Subject: jifeb@comcast.net Sunday, June 28, 2009 10:25 PM Faith Christie #1 &2 ChurchJesusChrist July 8 Follow Up Flag: Flag Status: Follow up Flagged To whom it many concern: I am a resident at 4888 Almandine Ave and I am hearing that there will be a possibility of erecting a church adjacent to our property. My husband and I chose this particular area because for one thing it was a quiet place and convenient for our needs. I personally would lilee to keep it the way it is. I know for sure that if we have a church close to our home; it will be so much crowed and will halfe lots of traffics which I don't want to experience. I hope this letter expresses our concerns in this matter, Thank you very much. ": .. Very respectfully, Ji Yeon Lee 29th Sep. 2009 1 I I II II I I CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7406 DATE: August 12, 2009 FROM: Mark D. Stiles I,"~ B. Kay WilSc@~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 25,2009. I have reviewed the subject proffer agreement, dated March 26, 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 I Prepared By: R. Joel Ankney, Esq. R. Joel Ankney, Esq., P.c. 192 Ballard Ct., Suite 310 Virginia Beach, VA 23462 (757) 216-4578 PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS BONNEY ROAD CHAPEL by the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LA TTER-DA Y SAINTS, a Utah corporation Sole TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made as of the 26th day of March, 2009, by and between the CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation Sole, Grantor, and the CITY OF VIRGINIA BEACH, a muni~ipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Independence District of the City of Virginia Beach, Virginia, containing approximately 3.8948 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 1-2 Industrial District to Conditional 0-1 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for various purpcses through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 14772003370000, 14772011860000, 14771086200000 Page 1 of 7 II III I WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical redevelopment, operation, and use of the Property to be adopted, as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, it's successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be redeveloped substantially as shown on the exhibit entitled "Existing Site Conditions & Demolition Plan", dated 11/18/08, prepared by Dills Ainscough Duff Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. When the building depicted on the Site Plan is developed, its exterior appearance shall be substantially similar in architectural features, details and building materials on the exhibits entitled "Exterior Elevations," and "Heritage 98 Traditional," prepared by Dills Ainscough Duff Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. When the Property is re-developed, the interior property lines of Parcels A, B, and C shall be vacated, as shown on the Site Plan. 4. Further conditions may be required by the Grantee during detailed Site Plan andlor Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. GP~: 14772003370000, 14772011860000, 14771086200000 Page 2 of6 I I All references hereinabove to the 1-2 and 0-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of th,~ 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 Granwr 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 such conditions, including mandatory or prohibitory injlillction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) 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 GPnN: 14772003370000, 14772011860000, 14771086200000 Page 3 of 6 I, I II III I (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. WITNESS the following signature and seal: Grantor: CORPORA nON OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a tah corpora' on Sole )i{ (SEAL) Terry Spa in Director for Temporal Affairs STATE OF ~ COUNTY OF ~ La.l<-~ , to-wit: The foregoing instrument was acknowledged before me this ~ day of March, 2009, by Terry Spallino, Director for Temporal Affairs of the Corporation of the Presiding Bishop ofthe Church of Jesus Christ of Latter-Day Saints, a Utah corporation Sole, Grantor. (I), DAWNA M. PETERSON .~ NOTARY PUBLIC. STATE OF UTAH ~_. 50 EMf NORTH TEMPLE STREET . .' $AIJ lAKE cnv. UT 84150-6912 .... .. MyComm. .1 19/2011 ~~ Notary Public My Commission Expires: J 0 /,q I ;;"0 II Notary Registration No.: GPIN: 14772003370000, 14772011860000, 14771086200000 Page 4 of6 I I EXHIBIT "A" Legal Description PARCEL A: All that certain parcel ofland, designated as "Parcel 'A"', containing 2.1286 acres as shown on a certain plat entitled "Survey of a Portion of Site No. 12, Map of A.W. Cornick's Kempsville Farm (M.B. 9, P. 43), Kempsville Borough-Virginia Beach, Virginia for ALWAT ASSOCIATES", made by Rouse-Sirine Associates, Ltd. which plat of survey is recorded in Map Book 158 at page 36, and to which reference is hereby made for a more particular description. PARCEL B: All that certain parcel ofland, designated as "PARCEL 'B''', containing 1.2802 acres, as shown on a certain plat entitled "Survey of a Portion of Site No. 12, Map of A.W. Cornick's Kempsville Farm (M.B. 9, P. 43) Kempsville Borough-Virginia Beach, Virginia for ALW AT ASSOCIATES", made by Rouse-Sirine Associates, Ltd., which plat of survey is recorded in Map Book 158 at page 36, and to which plat reference is hereby made for a more particular description. Less and except that portion of land taken by the City of Virginia Beach described in certificate recorded in Deed Book 2802, Page 926, confirmed by order in Deed Book 2975, Page 593, and shown on plats recorded in Deed Book 2794 at page 1925 and 1926, together with Virginia Power easements, permanent drainage easements and temporary construction easements. PARCEL C - Metes and Bounds: All that certain lot, piece or parcel ofland, lying in the City of Virginia Beach, Virginia, and bounded and described as follows: Beginning at a point in the southern line of Bonney Road which point is the northernmost comer ofthe land of AIwat Associates; thence running in a southerly direction along the boundary of said AIwat Associates and the extension thereof to the boundary line of Kempsville Lake, Phase 3, Part 2-B (M.B. 158, Page 52), thence turning and running in a northwesterly direction along the line of Kempsville Lake, Phase 3, Part 2-B, and Kempsville Lake, Phase 9, (D.B. 2471, Pg., 124-Plat) to a corner in the line of the property now or formerly belonging to Richard Cuffee et ux.; thence running in a northerly direction along the line of said Cuffee and any extension thereof to the southern line of Bonney Road; thence running in a southeasterly direction along the southern line of Bonney Road a distance of253 feet, more or less to a point, the place of beginning. Less and Except that portion ofland taken by the City of Virginia Beach containing 0.579 acres, as described in the Certificate recorded January 31, 1989, in the Clerk's office of the Circuit Court of the City of Virginia Beach in Deed Book 2802 at page 926 and confirmed by order dated March 26, 1991, in Deed Book 2975, page 593. GPIN: 14772003370000, 14772011860000, 14771086200000 Page 5 of6 I I II III I IT BEING the same property conveyed to the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah corporation Sole, by General Warranty Deed from AL W A l' Associates, a Virginia General Partnership, dated December 23, 2008 and recorded on January 5, 2009 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20090105000000670. GPIN: 14772003370000, 14772011860000, 14771086200000 GPIN: 14772003370000, 14772011860000, 14771086200000 Page 6 of6 I! I II III I - 41 - Item VI-J.3 PUBLIC HEARING ITEM # 44673 PLANNING Upon motion by Vice Mayor Sessoms. seconded by CouncIlman Heischober, City CouncIl ADOPTED the Ordmance upon applIcatIOn of CHRIST EPISCOPAL CHURCH for a ConditIOnal Use Permit, ORDINANCE UPON APPliCATION OF CHRIST EPISCOPAL CHURCH FOR A CONDillONAL USE PERMIT FOR A CHURCH (EXPANSION) R02992252 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatIOn of Chnst EpIscopal Church. VIrginIa Beach. for a CondItional Use Permit for a church (expansion) on the north sIde of Holland Road. 280 feet more or less east of Buym Farm Road. SaId parcel is located at 2520 Holland Road and contaIns 4,707 acres DISTRICT 7 - PRINCESS ANNE The following conditIons shall be reqUired: 1, The proposed temporary structure planned for the sIte must be developed in substantIal conformance wIth the site plan shown to the Planning CommiSSIOn and CIty CounCil. dated July 24, 1998 2 The temporary structure IS approved for a penod of two (2) years and shall be removed from the property when the two (2) years expires. 3 UltImately, the site must be developed In substantIal conformance wIth the ongznal plans approved by CIty CounCIl on November 10. 1997 entItled. "CondItIOnal Use PermIt Exhibit for Christ Episcopal Church. " dated May 20, 1997, and the renderings entitled "Chnst Church ", dated April 23. 1997 4 The landscape buffer depicted on the plan must be developed as a 1O-foot (1O~ WIde plantmg bed extendmg eIghty feet (80~ in length along the front portIOn of the proposed temporary structure A double row of wax myrtle 5'-6' In heIght, at planting, must be Installed in the landscaped area prIOr to final plan approval The Loblolly Pines and Red Oak trees planned by the applicant may be dIspersed along the front portIOn of the site In the area where the temporary structure IS planned Tins Ordinance shall be effective In accordance with SectIon 107 (f) of the ZOning Ordinance Adopted by the CounCil of the City of Virginia Beach, Virginia. on the Twentv-thzrd ofF ebruarv. Nineteen Hundred and Nlnetv-Nlne Voting, 11-0 (By Consent) CounCIl Members Voting Aye: Linwood 0 Branch, IlL Margaret L Eure. Wilham W Harrison, Jr. Harold Helschober. Barbara M, Henley, Louis R Jones. Reba S McClanan. Mayor Meyera E Obemdorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay' None CounCIl Members Absent: None February 23, 1999 I I HAMP1.0N ROADS CHURCH OF CHRIST Me~:tc {:;}JScele Ham1Jton Roads Church of Christ ~ ~t;;'~~~ ~J i)~X~ ~ '~7~~-~f(f2r;;~ ~'./"~ /J')~ / ~,~ ~4~ ,mr0('/~~ - :5 ~)~ /1~~ ///-/. ~ - I i..;;.....~ ' ><i! r"""'- '/''f ' ~(A'?,~~_:::' <#,v"~~Ol '"~~~~!:f/~ ~)/ / ~ A" ~',~~~~~: ..;~ ~ ' v.V/ ~VL / ~ 1.. -.f!Y ~ 'l4 ",/ )'../~ /} ~ ~" /, ~~ )j~~,~L 'X~ ""'~~~'" --. I /' /) ~ ~ A~ ' '~~' 'N"'~c.( ~ h. _1.. X!-' ;::;>t'J~. X <l') ~ ('.L. ~~~ ~~~;'7t ~_J:lt: ~, 0 J rAn . 1. 'j ~ M ~ I r ~(.. 0 . ~ C;\)}.I'~ ~ t, ~'.6~ r::~~ w ~ ~ 'm .~; '7\,f~/VA-^iY ~ ~ d n ~'J ".fA ~II". ~~ ~ ..,g.,~ 'f!JAJI-oZ. I. ~, ~ <i. ~~.-:'" Ilfu" I ,/(,\' I J. 1 Ai1lll D '~ '1 'J' Yl ~ ~. ~ .. ~ 1/1011;> :~ . ,1 :0, t;.:A!g. V;'.iI.V?~ Modification of Conditions Relevant Ilnformation: · Princess Anne District . The clpplicant requests a Modification of Conditions of a 1999 Use Permit for a religious facility. . The ~lpplicant desires to replace three portable classroom structures with I)ne 1,544 square foot portable classroom structure. . The k)cation of the structure is behind the existing church located on the siite and is well-screened by vegetation planted with the 1999 approval of the three prior structures. Evaluation and Recommendation: . Planning Staff recommended approval . Planning Commission recommends approval (11-0) · TherE! was no opposition. · Cons1rmt agenda. I' I II III I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HAMPTON ROADS CHURCH OF CHRIST, Modification of Conditions, previous approvals by City Council on July 11,1995, November 18,1997 and February 23,1999,2520 Holland Road. PRINCESS ANNE DISTRICT. MEETING DATE: August 25,2009 . Background: A Conditional Use Permit allowing a church expansion was approved by City Council on February 23, 1999 with four conditions. Condition three of the 1999 approval stipulates that the temporary structures allowed on the site were to be removed from the property after two years. Temporary, portable structures are, therefore, not allowed on the site today. The applicant requests permission to remove the existing three portable classroom structures, consisting of approximately 2,000 square feet of area, and replace those classrooms with a 1,544 square foot portable classroom facility. A modification of the 1999 Conditional Use Permit is necessary to allow the replacement of the portable units. . Considerations: The proposed classrooms will be utilized for children's teaching in support of the current church use. The new 1,544 square foot portable facility will be situated within the same footprint as the existing portable classrooms located north of the church. An existing line of trees screens the area for the portable structures from view of Holland Road. The fagade of the proposed portable structure consists of beige aluminum siding and a galvanized steel roof. Eight double-hung windows are provided within the front elevation and four doors are available to access the facility. It is the intent of the applicant to expand the existing permanent building as the church grows. A designated building fund and an ongoing capital campaign in support of that planned growth has been established. The applicant is requesting the use of the portable structures while the church secures funds and acquires resources to facilitate the envisioned church expansion. I I HAMPTON ROADS CHURCH OF CHRIST Page 2 of 2 There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council with the following conditions: 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on February 23, 1999 remain in effect. 2. Condition Number 1 and Number 2 of the February 23, 1999 Conditional Use Permit are deleted and replaced with the following: a. The proposed temporary structure planned for the site must be developed in substantial conformance with the marked-up survey entitled "Physical Survey of Part of Parcel A Resubdivision of Property of James G. Kollar & Marylou Kollar" by Ward M. Holmes and dated March 6, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b, The temporary structure is approved for a period of five years from the date of this Conditional Use Permit approval. 3. The following condition is added to the Conditional Use Permit granted by City Council on February 23, 1999. a. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure . Attachments: Staff ReView and Disclosure Statement Planning Commission Minutes Location lVIap and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department I I~ City ManageR:O' k ~ I! I II III I 4 July 8, 2009 Public Hearing PROPERTY OWNER I APPLICANT: HAMPTON ROADS CHURCH OF CHRIST ST AFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit to allow portable classrooms - approved by the City Council on February 23, 1999 ADDRESS I DESCRIPTION: 2520 Holland Road GPIN: 14948745110000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 4.6 acres AICUZ: 65 to 70 dB DNL Subarea 2 SUMMARY OF REQUEST A Conditional Use Permit allowing a church expansion was approved by City Council on February 23, 1999 with four conditions. Condition three of the 1999 approval stipulates that the temporary structures allowed on-site were approved for a period of two years and the structures were to be removed from the property when the two years expired, Temporary/portable structures are, therefore, not allowed on-site today. The applicant, therefore, is requesting permission to remove the existing three portable classroom structures, consisting of approximately 2,000 square feet of area, and replace those classrooms with a 1,544 square foot portable classroom facility, The proposed classrooms will be utilized for children's teaching in support of the current church use. The new 1,544 square foot portable facility will be situated within the same footprint as the existing portable classrooms located north of the church, An existing line of trees screens the area for the portable structures from view of Holland Road, The fac;ade of the proposed portable structure consists of beige aluminum siding and a galvanized steel roof. Eight double-hung windows are provided within the front elevation and four doors are available to access the facility. HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 1 I I It is the intent of the applicant to expand the existing permanent building as the church grows. A designated building fund and an ongoing capital campaign in support of that planned growth has been established. The applicant is requesting the use of the portable structures while the church secures funds and acquires resources to facilitate the envisioned church expansion, Following are the 1999 City Council approved conditions governing this site: 1. The proposed temporary structure planned for the site must be developed in substantial conformance with the site plan shown on the Planning Commission and City Council, dated July 24, 1 ~'98. 2. The temporary structure is approved for the period of two (2) years and shall be removed from the property when the two (2) years expires. 3. Ultimately, the site must be developed in substantial conformance with the original plans approved by City Council on November 10, 1997 entitled" Conditional Use Permit Exhibit for Christ Episcopal Church," dated May 20,1997, and the renderings entitled" Christ Church," dated April 23, 1997, 4. The landscaped buffer depicted on the plan must be developed as a 10-foot (10') wide planting bed extending eighty feet (80') in length along wax myrtle 5'-6' in height, at planting, must be instalkld in the landscaped area prior to final plan approval. The loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church and associated parking East: . Single-family dwellings I R-10 Residential District . Vacant land I AG-1 Agricultural District . Holland Road . Across Holland Road are single-family homes / R-10 Residential District . Across Holland Road is vacant land / AG-2 Agricultural District . Vacant land and single-family dwellings / AG-1 Agricultural District . Single-family dwellings / R-10 Residential District SURROUNDItIG LAND USE AND ZONING: North: South: West: NATURAL RESOURCE AND CULTURAL FEATURES: The northeastern portion of the subject site is a heavily wooded and is bordered on the north by West Neck Creek, There are no known significant cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a two-lane minor suburban arterial, with this segment shown on the Master Transportation Plan map as a HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 2 I: II III I divided roadway with a bicycle path in a 125-foot wide right-of-way. The site is adjacent to CIP Project 2-158 to widen Holland Road; this project has undergone partial design and right-of-way acquisition, but construction is not scheduled to begin within the current six-year plan. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Holland Road 12,400 AOT 1 15,000 AOT 1 (Level of Existing Land Use <! - 46 Service "0") AOT Proposed Land Use 3 - 43 2008 Average Daily Trips 2 as defined by a 5,100 square foot church 3 as defined bv a 4,700 square foot church WATER: This site currently connects to City water. The existing 5/8-inch meter (City 10#94011580) may be used or upgraded to accommodate the proposed development. There is a 12-inch City water line in Holland Road. SEWER: This site currently connects to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station # 623 is required to determine if future flows can be accommodated. There is an 8-inch City gravity sanitary sewer main in Holland Road. There is a 10-inch City force main in Holland Road. Recommendation: Staff recommends approval of this requested modification, as conditioned below, EVALUATION AND RECOMMENDATION 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 request to replace the existing portable classrooms is acceptable. The proposed portable structure as is smaller than the structures approved by City Council in 1999, In addition, the existing landscape screening, required with the 1999 approval, provides sufficient screening to buffer the requested portable classroom structure from view of Holland Road. Staff has recommended a twe five year time limit for the portable classroom facility. This condition, combined with efforts to finalize the originally approved plans for expansion, will ensure the site maintains a high level of quality. Overall, the applicant has developed a site plan and renderings which depict a project that is compatible with the surrounding residential development and staff recommends approval with the conditions listed below, HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 3 I I CONDITIONS 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit grant<<3d by the City Council on February 23, 1999 remain in effect. 2. Cond tion Number 1 and Number 2 of the February 23, 1999 Conditional Use Permit are deleted and replaced with the following: a. The proposed temporary structure planned for the site must be developed in substantial conformance with the marked-up survey entitled "Physical Survey of Part of Parcel A Resubdivision of Property of James G, Kollar & Marylou Kollar" by Ward M. Holmes and dated March 6, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b, The temporary structure is approved for a period of me five years from the date of this Conditional Use Permit approval. 3. The following condition is added to the Conditional Use Permit granted by City Council on February 23, 1 S'99. a. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division, A Certificate of Occupancy shall be obtained before occupancy of the structure NOTE: FurthE!r 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) conc:epts and strategies as they pertain to this site. HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 4 II I II III I AERIAL OF SITE LOCATION HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 5 co ..J 1JJ 'J ~ c( :L I a ta 5 <: ", It) .; S 40.4-2',\7" vI ~ :l Ii ;; ~ ~ LLJ as ." ~ ~o a:. -.:r \ ~ "- I ~ ~ \ Q:: c.. ~ 'ct ~ io :t: ID l"i '<l N '1O~~ ~~ -.l'd: ~~/~\ )/ -:::Y . UIU ssst ~ ~~O ii\ \JJ '00 .... .~ \; tIl I i Ii - --- ' 3~ Sllt' . '"'99 N ---- ~ I~ gd i~.- ?; ~~ '"> !: .~ PROPOSED S\TE PLAN HAMPTON ROADS CHURCH OF CHRIST Agenda \tam 4 Page 6 II I II III I "/ '.- . .-.;:;:-- [' I 'II l{; -I IfJ ~15 l!!f ~~ ,,~~~~:'il;': - \ .012369' f'i,' 1<:;, ~o ,<,'C~' .,,~cr'N'~ .... f-"~ Color Front Elevation PROPOSED BUILDING HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 7 I I ~' ~ " '~ :::~ .' ~ r , ... .. ~: ;, ~ lIy ,~ l., L .. . ~ ~ ,'*': " ~ .: "\,~ , , ,:.t, "" ~~' '.... ~ ;;',), 0- ~ ~~ ,':-'~. {." ~ >It ',,' . '\ ~' ",' '" " , ,. .I . I , " ><. I, , f i ~ ~ I ~ } .. L ~ 1 { I > . , N/ i ~ . , I , " , >1 '~ " . , 't\, , --, ,t " , , , . , ~' ~' , t'" " " \;-'" '~, '\~, ,'-- ~ ~' :: ~ ~ , ., y (. ; '" "- "- '; , ~ ~ ". t ~ .p ~ ' , ,. (, ), -" " , ('_, .I',' /'" " ./ ,I ',' (,'Z/ , <.;1 ','; >"<< , ":'~ 1< ; I, {' -. . } , 'V " ' ' '. '<, ' '\, , \ ,l, , ~ 'l. J, .>. I " , " ' I ~ , \ ' ", <1 , ' t ',;:>,,/,, "....}.,~> , Jt" ~ *' . , " ..'~ ~' "i... ,. "', '" , ' " \ " " , ; 1997 CITY COUNCIL APPROVED SITE PLAN HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 8 II I II III I Mo~~!t ~~PScole Hambton Roads Church of Christ V~Bl ~ ~.~~~~V/1fi~~ ~ ?f.~ ~ ~'~'lX~~~ rv~ 1,/ ~V / ~ ~)'~ .~~~ V(~~I~~ w/~,f ~~- - 11J0A - 3 '"'- ;)f:,S7Jd., ~ ~ ~ ;t: 1/V 4h 'j A ~ k1~ . ~~X7'YA l),6Y - A-~ ~j ,~. ~'IV~" ~~t~ "'*,"7W.hr/ yv / ~ "" "IK. """ xu ~~, i!l' ~"'!.4V v. -. ~ {/ ......~ P~~A~ 7~7/ ~ ~~~ 'J1 ' ~ ~ ~)J"h ~ ~~;>1 -"- 'XI '( ~.,. .I ,;;;;: ,/, "., ~ ~"f-~' y - <1') n. nr r ..L:: / ~~~r;r ~, ~ :..x ~ 0 ,,'tJ:.JJi.r ~, ~ ~h""-Z<"j)){~~~ ~ '\~ 'f to ..r~, TAl;" ex V ~:\'l ~~. ,~ 4~. if ~lY~ ~ W 11,';)< ""'I' /( a ll". 'l! ~ W /J r) 2..c ~ l):M\y:l. / J~" J Ilw (tj ". '.67<.:1.; /,I A ~ ~ .n -:!J 1X[";p "f ~ IC ~ ~ / (! "/./ Ii, ,y ~ ~;~ fJd n X\' ./, ~ 'h J~ l&. ~~ ~'r\>JJ 9\ /~~ ~' - r '/ r ~ ~1 ~ ~J~- II' · ' ,~~ .. ~ I rJ.~ ~ c,I"~ ,~ ~ '~',d; ~ ~ v1 J, 'All l' ~ ,"'P Jl ~ ' ,,'J' ~,V /t{li~AAI -., I/\Y~'~ // 7 1 / ,\ ~~i.j'IJ~ ?iJ Modification of Conditions # DATE DESCRIPTION ACTION 1 2-23-99 Conditional Use Permit (church expansion) Granted 11-18-97 Conditional Use Permit (church) Granted 7-11-95 Conditional Use Permit (church) Granted 2 11-23-93 Conditional Use Permit (animal hospital) Granted ZONING HISTORY HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 9 I I ~ . . I t c~ :::3 t'" 1 . ea CI"::J z C=~ . I F-c ~ ~=~ C ~ J:;:r . o Z c _~ . .' I · - {;: ~ ~ I I ~7 i J I ~ o ~ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If thl!l appllcant is a corporation partnership, firm, business, or other uruncorporated of'g(ilnizatiofl, complete the following, 1. Ustthe applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if neces...<;ary) .~ .~~ ~ ,.Yc...,.2ft)st',J.~_ '^.ww._'~'" 1:'-tl M\4.-fg.s~!M.2-, (~~ \).J~, ~}h,LJ(\,.4A--< e, ~ ~~ rte, 2, list all businesses that hal/e a parent-subsidiaryl or affiliated bUSiness entiry2 f'13latlonship with the applicant: (Attach list if necessary) t--QJ'!: o Check here if the applicant IS NOT a corporation, partflership, firm, business or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other un.int:orporated organizabon, complete the following: , 1, Lst the property owner name foUowed by the names of all officers, members. trustees, partners. ate below (Attach list jf necessary) 2, List all businesses that have a parent...subsidiary1 or affiliated bUSiness entiry2 rE'lationship WIth the applicant. (Attach list If necessary; o Check here if the property owner IS NOr a corporation, partnership. firm, business, or other unincorporated organization. f '-:r"'- -~"..,'''" -- "&. ::lee next page for footnotes Does an offiaal or employee of the City of Virg!ma Beach have an interest in the subje1:t land? Yes _~_ No)C': If yes, what is the name of the offiCIal or employee and the nature of their interest? ~/~ ~rAC~~ P$Q8 Hlor 11 Rw."'" 7f3JfJ1 HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 10 II I [DISCLOSURE STATEMENT I / ADomONAL DISCLOSURES list all known contractors or businesses that have or wit! pro't'lde &eMC8S 'Nih respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services. accounting services. and legal services: (Attach /fst if necessary) ,-H.\)~\~__~\J~~ACL:,,~" '~Ii::e '~~~ ~ 1 "Parent-subsidiary relatkmshlp. means "8 reiationshlp 1tlat exists when one corporatlon diredly or indirectly owns shares pos~ more than 50 percent of the YClting power of another corporation.' See State and Lcx:aI Government (:.;)nflict of Interests Act. Va, Code! 2.2-3101. 2 "Affll.lated business entity relationship. means "a relatlon$bt> , other than parent- subsidiary relationship, that exists when (I) one business entity has a controtling ownership interest in the other business entity, (ii) a cootroliing owner in one entity is also 8 COfltromng owner in the other entity, or (Iii) there is shared management or contra between:he bUSIMSS entities, Factors that should be oonsufered in determiNng the elClsrence of an affiliated business entity relationship include that the same person or substanbaly (tie same person own or manage the two entities; there are common orc:ommlngled \lnds or assets: the business entities share the use of the same offices or emptoyees or otherwise share activities. rt'.$Ources or personnel on a regular basis; or there is otherwISe a eX'5.e woridng reiatiorlshlp between the entities: See State and local Government Conflict of nterests Act, Va. Code S 22-3101 ,..~- I CERTIFICATION: ! certl'fy ltlat tne infurmatJOn contaIned herein is !.rUe and aa::urate I l.IfId&l'Stand that, upon receIpt of nolfficabon (postcard) that the appllcatlon has been ~ for pubhc hmos, I am respon$lble for obtaining and postlng!he re:quired SIQ!'lon the SUbject ~ at least 30 days prior to the scheduled public hearing accordlrg to the rnstru:::oos 10 thIS ~< The ; undersigned alSO consents to entry upon the subject ~ ~ employees at the 0epilltrl'l8'rt of ; Planrnng to photograph and view the site for pt.lf'P()$e$ of p~ng and evsJuetll''i'Q thIS ~tlOn hi -", C0~Q ~=~ Applicant's Signature L.JH.M"-C.~, Pnnt Narre property iJoNner's SlgnatUte [d d~nt tnanapplicant)- Print Name ~ cl CoodniOOS ~ f>/lOil U of II RevllUld 71'3/2007 II III I ~ I I I · - C ~ :=! ea CI:) ~ J I I · J . ~ Z C> c :') tT . C> ~ I I E · r<< cRi:i I . J:'~ . I . ~ C> =s HAMPTON ROADS CHURCH OF CHRIST Agenda Item 4 Page 11 I I Item #4 Hampton Roads Church of Christ Modification of Conditions 2530 Holland Road District 7 Princess Anne July 8, 2009 CONSENT Joseph Strange: The next matter is agenda item 4. It's an application of Hampton Roads Church of Christ for a Modification of Conditions approved by City Council on July 11, 1995, November 18, 1997, and February 23, 1999, on property located at 2520 Holland Road, District 7, Princess Anne, with three (3) conditions. William Throne: Yes sir. I'm Bill Throne. I'm with the Hampton Roads Church of Christ. I'm one of the Elders ':here. Weare in complete agreement with the conditions you have placed on the application. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley to review this item. Al Henley: Thank you. The address ofthe applicant is 2520 Holland Road. A Conditional Use Permit allowing a church expansion was approved by City Council on February 23, 1999 with four conditions. Condition three of the 1999 approval stipulated that temporary structures allowed on-site were approved for a period of two years and the structures were to be removed from the property within two years. Temporary/portable structures are, therefore, now allowed on-site today. The applicant, therefore, is requesting permission to remove the existing three portable classroom structures consisting of approximately 2,000 square feet and replace them with 1,544 square foot portable classroom facilities. The proposed classrooms will be utilized for children's teaching in support of the current church use. The new portable facility will be situated within the same the footprint as the existing portable classroom located north of the church. There is a existing tree line for screening of those proposed portables. It is the intent of the applicant to expand the existing permanent building as the church grows. Staff recommended approval, and in the approval they recommended two years. However, Planning Commission felt that is was appropriate a five year time limit portable classroom facilities. Therefore, the PI aiming Commission has placed this on the consent agenda. Thank you. Joseph Strange: Thank you AI. Madame Chairman, I make a motion to approve agenda item 4. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE I! I II III I Item #4 Hampton Roads Church of Christ Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 4 for consent. I I - 37- Item VI-K.6. PUBLIC HEARING ITEM # 43101 PLANNING Howard W. Martin, Jr. . 1200 Nations Bank Center, Norfolk, Phone: 623-3000 Upon motion by CouncIl Lady McClanan, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of NEXTEL COMMUNICATIONS, INC., for a Conditional Use Permit: ORDO..4NCE UPON APPLICATION OF NEXTEL COMMUNICATIONS, INe. FOR A CONDlTIONAL USE PERMlT for a ]20-foot alus 15-foot fishoole antenna construction monqpole ~1munications equiament shelter R01982163 BE IT HEREBY ORDAiNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ofNextel Communications, Inc.for a Conditional Use Permit for a monopole and communications equipme!1ft shelter on certain property located on the south side of Indian River Road, west of West Neck Road, Said parcel is located at 2765 Indian River Road and contains 35,06 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1, The proposed tower must be developed, as presented to the Planning Commission and City Council, as a monopole structure, not to exceed 150 feet in height, omnidirectional antennas, not to exceed 15 feet in height ami 1 inch in diameter, may be mounted on the top of the tOI"er extending the overall height to 165 (only uni- directional antennas as described above are permitted above the 150 foot tall tower, 2. The! applicant shall purchase and install a tower capable of .zccommodating a minimum of two additional users anti must provide for leased space for other wireless prc vlders, at reasonable terms, when requested, 3, Thf'planned tower must be a multiple port tower capable of accommodating a minimum of three wireless providers, The proposed tower must be expandable to providefor increased height (170 feet maximum) in the event that City Council determines that increasing the height of the tower is appropriate, Documentation must be provided to the Building Official that the tower fou,1dation is adequate to support weight loading of thme standard wireless arrays, 4, ThE proposed 150 foot tower may not be painted, LigJ,ting of the tower must conform to the standard lig1.ting requirement outlined in FAA guidelines for to....ers 150 feet in height or lower, If, due to FAA or other state or federal guidelines, painting or modified lig1.ting is required. the maximum height of the tower sha fl not exceed 125 feet, 5, The planned tower and landscaping must be developed as depicted on the site plan submitted with this conrJitional use permit application entitled "VA-1l33 Camels Chapel ", dated November 1997, Said plan was preJ'ented to the Planning Commission on December 10, 1997, and is onflle in the Planning Department. January 13, 1998 II II III I - 38- Item VI-K.6. PUBliC HEARING ITEM # 43102 (Continued) PLANNING 6, All healthy trees and vegetation currently existing within the borrow pit 100-foot buffer area shall be retained. As an exception, trees and vegetation may be removed to provide for the access road to the tower at the location shown on the plan, This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth Q.( January Nineteen Hundred and Ninetv-Ei'fht, Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr" Harold Heischober, Barbara M. Henley, Louis R, Jones. Reba S. McClanan, Mayor Meyera E, OberndorJ. Vice Mayor William D, Sessoms, Jr, and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None Council Lady Parker ABSTAINED as one of the Trustees is a client a/her and her husband, January 13, 1998 I I RICHMOND 20 MHZ .., -65:- 'ARP 4RPARP;, AFr:PARP,tRF ARf' ARP ARP Aft AA"PARPARFARP :~:~~:~~::~:~A II.' ';;PARPARFARP,Il,RFAR :~ :~f'.m::; ~~~:R ARP ARP ",RP ARPARP ARP ARPA ARP ltRPARP ARP ARP ARP ARP AAP boRP ARPARP AftPARPARPARPARPA ARP ARP .tRP ARP ARF ARP ARP A~P ARP ARP ARPARP ARP ARPARP ARP ARP ARP ARP' AAP,t,RP ARP ARPAFlP ARP ARP ARP ARP ARP ARP .tRP ARPARF AFfPARPARP ARP ARP A RF' ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP RP~APARP ~AP ARP ~AP ~RP AAP ~RP ARP ~RP A Muditlcatiun uf Cunditiuns ... ..J Relevant Ilnformation: · Princ:ess Anne District · The clpplicant requests a Modification of Conditions for a 1998 Use Permit that allowed a communications tower on this site. · The clpplicant wishes to increase the height of the tower by 17 feet for the purpose of adding antennas to the tower. · The proposal meets the provisions of Section 232 of the City Zoning Ordinance. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · Thero was no opposition. · Consent agenda. II I II III I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RICHMOND 20M HZ, LLC, D.B.A. NTELOS I ROBERT B. TIMMS & C. ARTHUR RUTTER, III, TRUSTEES, Modification of Conditions, previously approved by City Council on January 13, 1998, 2665 Indian River Road. PRINCESS ANNE DISTRICT. MEETING DATE: August 25,2009 . Background: The applicant requests a Modification of Conditions of an existing Conditional Use Permit to allow the extension of an existing communications tower and the installation of new wireless antennas. Specifically, the applicant requests extension of the 150-foot high existing tower on the site, which was approved by City Council in 1998, by 17 feet to 167 feet in height. . Considerations: The 1998 approval limits the height of the tower to 150 feet (up to 165 feet with uni-directional antennas). The conditions required a tower be constructed capable of extension of up to 170 feet in the event that a future City Council determined that a height increase might be appropriate. In 1998, Staff was concerned that a tower at 150 feet might negatively impact the neighborhood to the north, Indian River Plantation, which was then under construction. The existing monopole is located well off the road, over 1,000 feet from Indian River Road, and the tower's base and equipment are not visible from the roadway due to existing trees on this site and on the adjacent properties. As required by the Zoning Ordinance, the applicant did contact, via mail, all adjacent property owners with specific information about the request and with contact information for any questions. In addition, all required documents were submitted, including a report confirming the structural integrity of the tower, as well as a non-ionizing electromagnetic radiation (NlER) analysis and an RF Emissions Compliance Report, which indicates emissions do not exceed minimum ground level exposure at any point outside the facility and are within compliance with all regulatory agencies and standards. Based on the lack of negative input from adjacent property owners in the now established Indian River Plantation neighborhood and a finding that the provisions of Section 232 of the Zoning Ordinance are met, Staff finds that this request is acceptable. I I RICHMOND 20MHZ, LLC D.S.A. NTELOS Page 2 of 2 There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council with the following conditions: 1. The conditions of the Conditional Use Permit approved by City Council on January 13, 1998, shall remain in effect with the exception of Condition 1 which shall be replaced with the following: The Gommunication tower shall be constructed in substantial conformance with the plan entitled, II NR-5437, Princess Anne, Sheet Number C-3," prepared by All Pro Consulting Group, dated 03/17/09, which has been exhibited to City Council and is on file with the Department of Planning. 2. In thH event interference with any City emergency communications facilities results from the use of this tower and antennas, the user( s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 3. As required by Section 232(i)( 4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one year, the applicant shall remove the tower, antennas and related equipment from the property. 4. No signs indicating the location of this facility are permitted. . Attachments: Staff Rev'ew 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~~~ k .~ (l{I'l. , I i I .0., 0.. ~. ;~E~ ;: ~~~~~~!~:ri~~ ~~~~:~::~~::( 1"'H'>>,r.nr",I'";.J~f''''~''''~.IJl ~~:~ ;~~~~~:::::::~~~:".. ~ ;.I>~Uf':s,I";.t1";>.~~..I:fo.I'l:P"I'l:P &I<~::~:~:t:~~~:~:>~:~Z: 1 .,1F:.PFUf'~;.Pf'll',,~..FF"'I'l:PIoRPtf<f'''-'lP I.P.P,If<f'..RPAAf"~f'PM'G,~fof'"f>l'lf'f-IrRP^"'P J ----- -- .c.1 .., ~~1"ri~:sr~r~*., f>___ .~"'P.~"~H'Plifi:' P~~"H~H ^p.P.P ........~I'.IJ'I'lR~ioR';.Il'P l"~FFH' lfl .....,......r.r..nrIJJ.I~c.r~ur. l~.f;f.R'.sr.r4 _-I$'1i..~.....>lP..H.ili;l..P~..1ll' ..lJ(PI. t ..""IH ARP.... .RP.P .~1()djt7c..I(h)ll ot (ondilivn~ REQUEST: Modification of Conditions (communication tower) ADDRESS I DESCRIPTION: 2665 Indian River Road GPIN: 14937142030000 ELECTION DISTRICT: PRINCESS ANNE II III I 6 July 8, 2009 Public Hearing APPLICANT: RICHMOND 20MHZ, LLC D.B.A. NTELOS PROPERTY OWNER: ROBERT B. TIMMS & C. ARTHUR RUTTER, III, TRUSTESS STAFF PLANNER: Carolyn AK. Smith SITE SIZE: 35 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Modification of Conditions of an existing Conditional Use Permit to allow the extension of an existing tower and the installation of new antennas, Specifically, the applicant requests extension of the 150-foot high existing tower on the site, which was approved by City Council in 1998, by 17 feet to 167 feet in height. The original Conditional Use Permit approved on January 13, 1998 has six conditions: 1. The proposed tower must be developed, as presented to the Planning Commission and City Council, as a monopole structure, not to exceed 150 feet in height; omni-directional antennas not to exceed 15 feet in height and 1 inch in diameter may be mounted at the top of the tower extending the overall height to 165 {only uni-directional antennas as described above are permitted above the 150 foot tall tower. 2. The applicant shall purchase and install a tower capable of accommodating a minimum of two additional users and must provide for leased space for other wireless providers, at reasonable RICHMOND 20 MHZ Agenda Item 6 Page 1 I I terms, when requested, 3, The planned tower must be a multiple port tower capable of accommodating a minimum of three wireless providers. The proposed tower must be expandable to provide for increased height (170 feet maximum) in the event that City Council determines that increasing the height of the tower is appropriate. Documentation must be provided to the Building Official that the tower foundation is adeqLate to support weight loading of three standard wireless arrays. 4, The p'oposed 150' tower may not be painted. Lighting of the tower must conform to the standard lighting requirement outlined in FAA guidelines for towers of 150 feet in height or lower. If, due to FAA cr other state or federal guidelines, painting or modified lighting is required, the maximum height of the tower shall not exceed 125 feet. 5. The planned tower and landscaping must be developed as depicted on the site plan submitted with this conditional use permit application entitled "VA 1133 Camels Chapel," dated Nov. 1997. Said plan was presented to the Planning Commission on December 10,1997 and is on file with the Planning Department. 6. All healthy trees and vegetation currently existing within the borrow pit 100 foot buffer area located along the eastern portion of the site shall be retained. As an exception, trees and vegetation may be removed to provide for the access road to the tower, at the location shown on the plan. LAND USE AND ZONING INFORMATION EXISTING lAND USE: Undeveloped vacant site with borrow pit and existing communication tower SURROUNDING lAND USE AND ZOUlNG: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: . Indian River Road, single-family dwellings / R-30 Residential District . Woods / AG-2 Agricultural District . Single-family dwelling, woods / AG-1 & 2 Agricultural District . Woods, ARP property, single-family dwelling / AG-1 & 2 Agricultural District This site is within the Southern Watersheds Management Area. A sand extraction borrow pit exists on much of the property and a Conditional Use Permit for its operation was approved by City Council in 1992. Many of the mature trees on this site have been removed as a result of the mining operation. Some mature trees exist along the northern portion of the property and stands of mature trees exist off the site but adjacent to the site that serve as a buffer to not only the borrow pit but to the base of the tower as well. No additional removal of trees is anticipated with this request. There do not appear to be any significant cultural features on this site. RICHMOND 20 MHZ Agenda Item 6 Page 2 I: II III I EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The 1998 approval limits the height of the tower to 150 feet (up to 165 feet with uni-directional antennas). The conditions required a tower be constructed capable of extension of up to 170 feet in the event that a future City Council determined that a height increase might be appropriate. In 1998, Staff was concerned that a tower at 150 feet might negatively impact the neighborhood to the north then under construction, Indian River Plantation. Now that the neighborhood is established, residents who have the greatest potential for concern are able to voice their opinions with this Modification of Conditions request. The existing monopole is located well off the road, over 1,000 feet from Indian River Road, and the tower's base and equipment are not visible due to existing trees on this site and on the adjacent properties. As required by the Zoning Ordinance, the applicant did contact, via mail, all adjacent property owners with specific information about the request and with contact information for any questions, In addition, all required documents were submitted, including a structural report confirming the integrity of the tower, as well as a non-ionizing electromagnetic radiation (NIER) analysis and an RF Emissions Compliance Report indicating that emissions do not exceed minimum ground level exposure at any point outside the facility and are within compliance with all regulatory agencies and standards. Based on the lack of negative input from adjacent property owners in the now established Indian River Plantation neighborhood and a finding that the provisions of Section 232 of the Zoning Ordinance are met, Staff recommends approval subject to the conditions below. CONDITIONS 1. The conditions of the Conditional Use Permit approved by City Council on January 13, 1998, shall remain in effect with the exception of Condition 1 which shall be replaced with the following: The communication tower shall be constructed in substantial conformance with the plan entitled, " NR- 5437, Princess Anne, Sheet Number C-3," prepared by All Pro Consulting Group, dated 03/17/09, which has been exhibited to City Council and is on file with the Department of Planning. 2. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference, If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 3. As required by Section 232(i)(4) of the City Zoning Ordinance, should the antennas cease to be used for a period of more than one year, the applicant shall remove the tower, antennas and related equipment from the property, 4. No signs indicating the location of this facility are permitted. NOTE: Further conditions may be required during the administration of applicable City Ordinances. RICHMOND 20 MHZ Agenda Item 6 Page 3 J).ERIJ).L OF SI,.E LOCJ)."IO~ R\CHMONO 20 MHZ p..gend8 \teft' E Page' ~l \\ ~\\\\ ~\Ui 'i~\ ~ \ ' 1 ~l \. .' ,~ 1 t.'" '" \ ;>cl::1~1 II . '. I ,..-- ~, :II "h --, ,/. -~ ,.. 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Q. lli" II, j I IS / /\ // '" - ----\ \ ! , e (t~ ) ~~ Z .. ~ '. ,/\ ~~ ~ -' , '. '-, / lo~ , \ l!l! \ \, //\ '\ \ \ " "',;, ft t-, ,"" =-' -JI' , -~~ ~_.' 1I1"~-~ --i - - ~ '..;'~=-:- ~ }", ""-, " ft:-_ -X" .: x-l:x' > ,-,' X ----~-;-.~jN~"><''',, ...k T r:,-,---,~'-'-'-'-'r-'-'-'-'\ h/""',,,'.. '.... ,. I _"_"~,,_,-,,-,-,,,,,,",+-..-,.-,.-"~y /1''' .." <.: ": x. r' ' ;Jg . ~ /',' ~ " :~UII. _-j.l I \ I(~ I~,!/ .. - '\~':~~::"""'" ! I 'II I. III,: ~,/ ~ '~"'" ","'-.. I' . ill!. "-,,, ~ i~' r'7>-< ; 11 i ~~ , \-- "', ~ j" /:I'li'~ ," Ii 1 i J~! I,,' ~~ <yy~ n ',' 1 or/ I, - - -- ~ ( '- 7~ "( " I I 'r \ x .', ;1;' I!I ", :/ /' \ ' , ~ 101 i 11 i I 8 I loll "Vi / II;' j ~ , j' , I 0 ----. \ Ills ../ Ill~: H, \ j \ ~, , <,."",.1 f-=-= ! i hlL~;'4fl, l' :. 1 l L',il;1 ~~l!III .- r- t- 1 J',.f -- J-'T'~l"~ IU!;; _,I.." I __ I~I: 12lf'!;[' ~!l - / el'~ i Q!; Ii :;; ~ ,\: Ii a~ . 12 S I I I ~I ,,- b rd I: I I j\ .' J ;e ~ I 't / .] I ' 1 I "~. 11 .. y -1'-- x-' ,- ,l,-- X--=:' ~). .-~~:;-~l (~ H'. ~ --"..... -.j- - ."'--- ~<--,.._{ ~g,;.' _,__' __ __ <<1-" .- ~ z j Q. jg UI o w " a: j z w ENLARGED SITE LAYOUT OF TOWER & EQUIPMENT RICHMOND 20 MHZ Agenda Item 6 Page 6 ~= li-10j .. Ii ~ b ! ~ ~ .lil1 ~ "U\\\ . & .-;;;;;;a. Iiii' II ~ '~hl it tit.'"" , ~ \. \ "8\11..".- ~ -ul-U ,. \ \"'1 J'l~ Rl<e\i i~ i: \ Ei~ lS~\!s i'll~ \!sd ~ Ilil:, ir;.\!s~ ~d; till I i ~! ~n II In \ _..,',.,'~------~- _JrJlOl- ~ ~~ .., ;~ l!l! i ;;; % o i a: III ;: o ... PROPOSED TOWER CONFIGURATION "'''-- / ( II{I sla R\CHMOND 20 MHZ Agenda item 6 Page 7 I I EXISTING COVERAGE RICHMOND 20 MHZ Agenda Item 6 Page 8 PROPOSED COVERAGE IMPROVEMENT - R\CHMONO 20 MHZ Agenda \tern 6 Page 9 I I Ale.J 1G6 ~j - o 'ARP ARPARPA AFtPARPAliF ARf' ARP oRP AR ARP ARf ARP ARf :~~:~~:~:~~::PA .'1 ARP ARP ARPARP ARPAR :~~:~~~~:~~:~~:R ARP ARP ,6.RP ARP "RP ARP ARP A ARf> ARP ARP ARP oRP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP A ARP ARP ARP ARP ARP lRP ARP ARP ARP ARf> ARP ARP ARP ARP ARP ARP ARP ARP. ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP ARP JRP ARP ARP ARP ARP ARP ARP ARP ARP A ARf' ARP ARP ARP ARP ARP ARP ARP ARP ARf> ARP ARf> ARf ARf> ARf ARP ARf "Rf> M'f ARf ARf> ARf A Moditlcation of Conditions Ale.1 .'1 1 01/13/98 CUP (communications tower) Granted 06/28/94 CUP (borrow pit expansion) Granted 05/12/92 CUP(borrow pit) Granted 2 07/08/97 CUP (single family dwelling) Granted Subdivision Variance 3 03/11/97 Reconsideration of Conditions Granted 02/28/95 Modification of Conditions Granted Change of Zoning (R-40 to AG) 01/04/94 Change of Zoning (Conditional R-40, AG-1 & 2 Granted to Conditional R-20 Open Space) Subdivision Variance 04/08/92 Subdivision Variance Granted CUP (single family dwelling) 07/14/92 Change of Zoning (R-10, R-15 & R-20 to Granted Conditional R-40) CUP (golf course) ZONING HISTORY RICHMOND 20 MHZ Agenda Item 6 Page 10 I; I Z Of I I ' ~, ~ ~ ~ CI':) ~: ~~ 0' I I H ~ ~. c: ':): J:;L.c c:=~ ~ I I E;' I I J:;L.c I I ~ c::=~ ~ II III I DISCLOSURE APPLICANT DISCLOSURE If the applicant IS a corporation, partnership, Finn business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of ail officers, members., trustees, partners, ete, below' (Attach list if necessary) See attached 2. List all businesses that have a parent-subSidiary' or affiliated business enlityL relationship with the applicant: (Attach list if necessary) See attached o Check here if the applicant is NOT a corporation, partnershIp, firm, business. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant, If the property owner IS a corporalton, partnership, firm, business, or other unincorporated orgaruzation, complete the following: 1. List the property owner name followed by the names of ai! officers, members, trustees, partners, etc. below: (Attach list if necessary) See attached 2, Ust ail businesses that have a parent-subsidiaryl or affiliated business entity' relationship with the applicant: (Attach list jf necessary) See attached ~ Check here If the property owner is NOT a corporatIon, partnership, hrm, bUSiness. or other unincorporated organization. r---:t~--""-"--."--' -" , 8. " See next page for footnotes Does an offjcial or employee of the City of Virginia Beach have an Interest in the subJeclland? Yes 0"_" No !__ if yes, what is the name of the official or employee and the nature of their interest? ~lod!f, catKln d RICHMOND 20 MHZ Agenda Item 6 Page 11 I I I' ',~""",,,,=,~--,,,,,,,,'.'.-- "-~",~-- I DISCLOSURE S'TATE'M"ENT"-- -- ADDITIONAL DISCLOSURES ~:.t n , K.1'lf;,vn (n~ 'f~~.v.~k--r:; c~ :"LLStnOssn:", thnt ha;u /ill Df'tJVlrh; :;,: the n.HFositLd L:;jd but not jFnq~:(i ,~Ld c::;tJtP SPfV CPS Lnanc)::l; ")or;lces dCi.:n;,nHlfH) Si , :\!idr;n iFit \t ~>'~:;C:~'j;Llry) ,) 'Tr' E" di "f.;'~pftC! .~. .i. > i"~dr('nt ~;ut"> , hn cr,1'. nl je<.:ln~,> i.; reLdh'uL.:1h,;} tL;~t ~ ~ :HV; ,~lLH'C~'~ fY ':)';fn;~:;tn{j rnnn.~ t~. "k' .~-~cP Sfah:'~ ni"1 L;)L;J! C'fht,~'l'nh:~nt '>'\tHrlone iL'.' i , ~ 1 r ~ -; ,>\f Pk.t :', unhl/ n:.\L\!H.;:~j!lq) !lH~an~, ..1 !tdi'ttl(~n~:;hjp I~HnH \'liHl i,hpnt. '0 1. :"lhnnF"h!r. ~rl:\t (~xhA:~ \vh(}f) :i} onchusirh'~ (~ t~nhty tvv; d c'TdroUulr! n\vn~}r .;!!!P Lr~turf:st Hl :~w> cAh hU"ii:H .~_'/F:'; (HH~t~~/ iii} ~1 t.un~fnWng f";',,'..nnt rn onf~ unt!t'~; l~i ' ~"H~~rd~l1ntJ n"j 11 Hl {)Uu:;;r ~ Hi\i~'~'. Jf i theft.: 1":$ sharf~d 01 'lnt.l~Jornf:H1t or f'cntl 0' bntviF'cn U"l(' :,J! l';\'d 'k~s;hlr'~:' ,J: t)(: f:-H~,~!ddred in dr~tcfrninnu ~h~. ;',(ll."ttU:r>-i 'Of dn ,df!kjttH U L;:rHJS':~~ Cl Lit' lbakGn-~.nl{1 n~iJude thLtt the i'.~dnHJ per~'.31 n~ nH' GA'n .;( r)~.F1AqU UH~ h\(" ern h(V"~; there ;UI} CtJrnrn()n or l;:;rnnHni-Tlf..~d fund(\ nr ~} L~it~I~~~;" enntiG~:;' "~'~,~f~~ ~~~<,>{;~.'n:~es tlSf~ .of r It} i~<Hllf:~{}ff!1",n!.; nr c'rnr}Juven':; ur ~ ~HH~f\l;/:SH ~h<'n i I .l(:t~Vlhf:~S n"'qllL II basrs, or thurG n olhnf'l'il::rp a viDrk~nq n '!;:lh }~,~L.th~ un"j tfJC;~! C)\y'p~:nrnen1 CunfL~:t G~ !ntGn'<}I~; ,/\.c:!. \.-'d ',;;! ",' '!'...../Ctln Cpr!t~;. , n ~> I, {> f, ,;'.q ..f !~:~ l: nr -.{ Hnf ~ , ~~'. :>c<-Of.- ,.,,-i'-',^'(.'":.:U' ,') z . << !.< t....:) J << ....:t ~ ea CJ:) L " z <:::> t....:) ~ <:::> z <:::> t << ~ t....:) . t ~ I t Q <:::> ~ DISCLOSURE STATEMENT RICHMOND 20 MHZ Agenda Item 6 Page 12 SCLOSURE STATEMENT ADDITIONAL D.ISCtOSURES Ust all<Kl1own contractors or businesses that have or Wi!! proVICle serVices Will. to the requested property tJs~:, Including flu! no! limited to the of archrtectural services. reel estate serv\Ctl!t financla! serVices serVices. and legal Irs! If necessary) BOWnlllll 1\ direcHy or power another corpurabon GooP ~ 2 that ~! >;Ishi when ont' owns "lmfl.lS P','CS'JS"i;tl-j rnore lhan r,\, PWGcnl ,f lhe .'Qlmn Scm St,lfe and LOcal Government Crmll",~ Of III Ie rests Ad V;) Alflhatl'd hus;ness coltt:,' means a rulalforlSl,fp '"Jt!wr than p~1f{!l\t. suumdidf) that ~!)nsts wtwn OJ on" bllsme~,s entity has GW1WH$hl) 1Il1erc~>t 10 tile utller !)U5\l1I'SS entity, owner in 0lW emfl\' ais", a l!\ Hl(0 olher entIty llll) there b Shdf'erl COf'tro! ur;tw~:;n ttv, bUSW8SS Faclor~ ttml should In (j("h"nmlHIlQ 'u Islel1e'1 tll An afMldlHd Out;mBSS entlly relallOl'lshlp rnc!l.It!e Ih.)1 111" 'i{lnll, persult or sunstantlell, Hw SdlPe ;)OISf\H the Iwo enl1t1eS, them df(' CVWlvn !)f (.()mnllngied fundS or asset>, lhe Ih" use of Ihe Sar'll" ,,1f!"u:; e! (lfl!f)lo\ln{lS or ,AnflrwIS(~ shaf", {lchvll1es, on;) mqUlnr bmm; 0f nIHil IS (,lherwlsl,> a clo",,' \,vorklnu , Slole llwj Loe:,1 G,." ':' mnent COP!hel of lnh)t,',sts ALl Vd :: 2,3101 CERTIFICATION: i R L ~,k.A, N;l'''''' r Ul.lti II III z o J I ~ c5 J . ~ CI':J Z o J . .F--t ~ <:> ~ ~ ~ o Z o I . ~ ~ - . I ~ J I I c::::l o .::e RICHMOND 20 MHZ Agenda Item 6 Page 13 I I 11.1 RICHMOND 2OMHZ, L.LC. Written Corwent of Sole Member In I.Ieu of Annual Meeting of Members June 1,2007 The unclersigned, being the &Ole member 01 RICHMOND 2OMHZ. LI..C., a Vkglnia limited liability company (!he aCompeny*), acting pursuanl 10 Section 113.302 and 16.407 oIlne Delaware L."lIed Uabillly Company Act, 8& amended, hereby adOpls anti approves the following rosoiutlon by written consent In lieu of BI1 annual meeting of members, waiving allrlghl. 10 notiCe Itweof. whether statutory or otherwise: 1. Election 01 OffIcers RESOlVED thai the following pel'$OO$, Whose names are selfortl1 balow, atA hereby elected to !he offlee setfOl1h opposite their names. 10 lleMl in such office untillhe next an..ual meelWlg of the Soard or until hill or her suocessor Is duly elec1ed and quaJiflAs.: James S. OUarforth Chairmlln and Chief Executive Officer Carl A, Rosborg Presidenl David R, MaecarelJi Executive Vice Prooidenl Micl'Iael 8, Mooeymakvr Exeeuli.... 'tree President. Chief F lnane'sl Olticer. T reasurftr and Secretary Mary McDermott Senior VICe Presidenf fltJbert L McAvoy, Jr Shirley J, MadillOn VlCll Preslden! Assistant Sec~tary 2. RatifIcation: Countenlerle: EffIlctIva Tlma RESOLVED, that each and all oIlhe lawful acts olll18 officers of the Company carrying ou! and promoting tho pt)l'JlOSfJs. oOjeels and inleresls of the Com.pany sirlceln& most recent annual meeting Of members of !he Company be. and the same hereby are. apj)l1:N6d, retilled and maoo the acts and deeds oflhe Company; and 00 11 fi.lflher RESOlVED. this Written Cori$enI of Sole Member in Lieu of Amool Mee1ing of Members may be executed m any number 01 COOl'llerparts, each of which. when taken logeU1er. shaH 00 doomed lor all purposes an original and all of which shaH constitute one and lho samo ioolrumenl; and be it lurthor AESOl..VED, that this Wrilten Col'lS8l1t 01 Sofe Member in Ueu of Annual MootlllQ of MombefS shall be effective Il$ of the date nrsl wrmefl above; and be It further RESOI.VED, that Wril1erl Consent of Sole Member In lieu 01 Mmla' Mooting 01 MembefS shall be placed with the minutes of It>e prooeOOit\P'l of the members of the Company, (Signatures appear Ol1tf;e following page,) DISCLOSURE STATEMENT RICHMOND 20 MHZ Agenda Item 6 Page 14 II I II III I 136 IN WITNESS WHEREOF. undersigned Sole Member has execuled this Written Consent of Sole Manager in LIeu of Annual Meeting of Members as of the date first "'fltton aOOvlil, VIRGINIA RSA fl LLC By; NTELOS ClXllmul1iCalio1'1s Inc., its Sole Member tratl~ "- " DISCLOSURE STATEMENT RICHMOND 20 MHZ Agenda Item 6 Page 15 I I Item #6 Richmond 20MHz, L.L.C. d/b/a NTeIos Modification of Conditions 2665 Indian River Road District 7 Princess Anne July 8, 2009 CONSENT Joseph Strange: The next item is agenda item 6. An application ofNTelos for a Modification of Conditions approved by City Council on January 13, 1998 on property located at 2665 Indian River Road, Distr:ct 7, Princess Anne, with six conditions. Glenn Hampton: Good afternoon. I'm Glenn Hampton, an attorney representing NTelos with regard to this application. We appreciate working with the staff and we accept the conditions. Joseph Strange: Okay. Thank you. Is there any opposition to this matter being placed on the consent agenda? lfnot, the Chairman has asked Al Henley to review this item. AI Henley: Thank you. The applicant requests a Modification of Conditions of an existing Conditional Use Permit to allow the extension of an existing tower and the installation of new antennas. Specifically, the applicant requests an extension ofthe ISO-foot high existing tower on the site, which was approved by City Council in 1998, by 17 feet to 167 feet in height. In 1998, staffwas concerned that a tower at 150 foot may negatively impact the neighborhood to the north, then under construction, Indian River Plantation. Now that the neighborhood is established, reside:lts who have the greatest potential of concern may be able to voice their opinions with this Modification of Conditions request. The existing monopole is located well off the road, over 1,000 feet from Indian River Road, and the tower's base and equipment are not visible due to existing trees on this site and on the adjacent properties. As required by the Zoning Ordinancej the applicant did contact, via mail, all adjacent property owners with specific information about the request, and with contact information for any questions. Staff recommended approval; so, therefore, the Planning Commission has placed this item on the consent agenda. Thank you. Joseph Strange: Thank you A1. Madame Chairman, I make a motion to approve agenda item 6. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE I i I II ill I Item #6 Riclunond 20MHz, L.L.C. d/b/a Ntelos Page 2 KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent. I I I TOWN CENTER ASSOCIATES Map B-7 No Not to Scole ~~~~ Town Center Associates.. LLC !:~Ju ~-3 ~' [It}1=~~3J2J CftCJ~ ~ll.!L~:~ I P~I"- . I~II ") l VIRGINl4-- RP./WR ,,JJU'D. ~ ~ I .M~," 1""" S' .. ~1 c.:J ',Jt'~ l:I c ~ ~" ~ ~ J ('"I ~ )lA~ - SA ~ 5J S .~JAl~ ~ i ~ 8 - 3A i:! ~~EJg~r;~ ~_~ [51 [5)r:; (~l _ c=J 1_.a...L.':"&ul._-.J .J". ~I~\ ~':: O 0 cr--.r= I ". WI\ I o . 0 no I '~;:foJ ~~;~ Bi) A 'Iml~lll~ n9[610 ~..~~ ~ ~ D v -v" ?" " I;:>~ " Ie ~, ~ OJ, J ( B-;.3A (5) SOUTHERN ~r:l r;~ . lAi."" -I ~u GJ~' ~ ==[ ,~~ < .'-1-= ~~\o IIJin L~~ '< V'"='J ~ v ==; e-3 '''B OQA Ott-,3 ~ClAH ~i.,~'~I= ~;,f 'IrB~3e ~ ~- ~ (ll,.1L~ .-:" !i= II I cur for Multiple-Family Dwellings Relevant Information: · Lynnhaven District · The applicant requests a Conditional Use Permit to allow development of 219 dwelling units as part of a mixed-use building that will also include 162 lodging units and 26,000 square feet of retail. Only the dwelling units need a Use Permit. · The proposed building is 15 stories in height and is designed in contnmporary style. · Parki ng will be provided in the surrounding parking garages. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0-1) · Them was no opposition. · Consent agenda. II I II III I r.~~"'. r~~:~'~:~ .ct,? \~, :~: ! 1.~~ ~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TOWN CENTER ASSOCIATES, Conditional Use Permit, multi-family dwellings, north side of Columbus Street between Market Street and Central Park Avenue (GPIN 1477541429). L YNNHAVEN DISTRICT. MEETING DATE: August 25,2009 . Background: The applicant requests a Conditional Use Permit to allow development of the site for a mixed use building containing 219 dwelling units, 162 lodging units, and 26,000 square feet of retail space. The Comprehensive Plan Map designates this area of the city as the Pembroke Strategic Growth Area 4. This Strategic Growth Area is comprised of three sub- areas including the Town Center, West Pembroke Area and Bonney Road West Corridor. The Virginia Beach Central Business District Master Plan, adopted as part of the Comprehensive Plan, lists one of several goals for the plan is to encourage a mix of uses that ideally create a 'city center that never closes.' The submitted proposal is consistent with the vision of the Comprehensive Plan and the Central Business District Master Plan to blend multiple land use activities into a reinforcing whole. . Considerations: The proposed building will occupy Block 9 within Town Center. The proposed building design is contemporary, complementing the existing buildings in Town Center. The proposed building is 15 stories in height with retail uses occupying the first floor. Parking for the building will be met in the parking garages located throughout Town Center. 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 with 1 abstention, to recommend approval to the City Council with the following conditions: I I TOWN CENTEI~ ASSOCIATES, L.L.C. Page 2 of 2 1. There shall be no more than 219 multi-family dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings and elevations titled "The Town Center Block 9", prepared by BH&A Architects, LLC. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public right of ways. The screening shall include solid walls that complement the ~~tructure. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 1!~ City ManageS~ l, b3~ II I REQUEST: Conditional Use Permit (Multi-family dwellings) II III I 17 July 8, 2009 Public Hearing APPLICANT: TOWN CENTER ASSOCIA TES, L.L.C. PROPERTY OWNER: VIRGINIA BEACH DEVELOPMENT AUTHORITY STAFF PLANNER: Faith Christie ADDRESS I DESCRIPTION: Block 9 - Town Center; Central Park Avenue, Columbus Street, Market Street and Commerce Street GPIN: 1477541429 ELECTION DISTRICT: L YNNHA VEN SITE SIZE: 1.012 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for a mixed use building containing 219 dwelling units, 162 lodging units, and 26,000 square feet of retail space. The proposed building will occupy Block 9 within Town Center. The proposed building design is contemporary, complementing the existing buildings in Town Center. The proposed building is 15 stories in height with retail uses occupying the first floor. Parking for the building will be met in the parking garages located throughout Town Center. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is used as a staging area for the on-going construction in Town Center. SURROUNDING LAND USE AND ZONING: North: South: . Commerce Street, restaurant and retail / B-3A Business District . Columbus Street, office, open space / B-3 Business District TOWN CENTER ASSOCIATES, LLC. Agenda Item 17 Page 1 I I East: West: · Central Park Avenue, apartments / B-3A Business District · Market Street, hotel and apartments / B-3A Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. There do not appear to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): A Capital Improvement Program (CIP) project is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study will develop short-term, mid-term, and long-term alternatives for transportation leeds in the area. As part of the short-term improvements, Constitution Drive Extended (CIP 2- 208) is for the widening and new construction of a four-lane highway along Constitution Drive from the intersection of Columbus Street to Bonney Road. This project is currently under design. Comments - FWlTraffic Enqineerinq · Since the proposed development falls within 3,000 feet of a state controlled highway, it is subject to the Traffic Impact Analysis Regulations under VDOT Section 527. However, the Site Plan was submitted prior to January 1, 2009 and, consequently, does not meet the minimum requirements for a study. Therefore, a Traffic Impact Analysis is not required under the VDOT regulations. · Please note that Traffic Engineering has been working with the developer's engineer and other membl~rs of the City staff to work through the preliminary right-of-way improvements for this project. The plan submitted as part of the CUP does reflect these discussions, Additional details will be handled during Site Plan review. TRAFFIC: Present Present Capacity Generated Traffic Street Name Volume Columbus Street 18,511 ADT 22,800 ADT' Existing Land Use:.! -"0" ADT Proposed Land Use 3 - 3,345 ADT (82 Total AM Peak Hour Vehicles (entering) 154 Total PM Peak Hour Vehicles (enterinq) Average Daily Trips 2 as defined by an undeveloped site 3 as defined bv 162 hotel rooms, 219 multi-familv units, and 26,000 sq, ft, retail space WATER: This Hite must connect to City water. There is a 12-inch City water main along Columbus Street. There is a 10-inch and an 8-inch city water main along Market Street. There is a 10-inch City water main along Central Park Avenue. SEWER: City sewer is available to the site. The applicant shall provide an analysis of Pump Station #359 and the sanitary sewer collection system to ensure future flows can be accommodated. Construction plans and TOWN CENTER ASSOCIATES, LLC. Agenda Item 17 Page 2 II III bonds will also be required, There is 1O-inch City gravity sanitary sewer main in both Market Street and Central Park Avenue. SCHOOLS: School Current Capacity Generation 1 Change 2 Enrollment Thalia Elementary 647 645 9 9 Independence Middle 1,238 1,191 4 4 Princess Anne High 1,819 1,505 7 7 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students), - Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as the Pembroke Strategic Growth Area 4, This Strategic Growth Area is comprised of three sub-areas including the Town Center, West Pembroke Area and Bonney Road West Corridor. The Virginia Beach Central Business District Master Plan, adopted as part of the Comprehensive Plan, lists one of several goals for the plan is to encourage a mix of uses that ideally create a 'city center that never closes.' The submitted proposal is consistent with the vision of the Comprehensive Plan and the Central Business District Master Plan to blend multiple land use activities into a reinforcing whole. Evaluation: The purpose of the B-3A Pembroke Central Business Core District is to optimize the area's development potential for a mixed use, pedestrian-oriented urban activity center with mid- to high-rise structures that contain numerous types of uses including businesses, retail, residential, cultural. educational, and other public and private uses. The district is intended to comprise publicly accessible community open space areas that are reflective of the concepts identified in the Comprehensive Plan and the Pembroke Central Business District Master Plan. Introduction of this mixed-use building comprising retail and multiple-family dwellings will continue to achieve the vision of the Comprehensive Plan and the Central Business District Master Plan to develop an urban center that is a mix of complementary uses. CONDITIONS 1, There shall be no more than 219 multi-family dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings and elevations titled ''The Town Center Block 9", prepared by BH&A Architects, LLC, Said renderings have been exhibited to the Virginia Beach City Council and are on file with the City of Virginia Beach Planning Department. TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 3 I I 3, All mochanical equipment, including generators, shall be screened from the public right of ways. The screening shall include solid walls that complement the structure. NOTE: Furthl~r conditions may be required during the administration of applicable City Ordinances. Plans submilted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) conr;epts and strategies as they pertain to this site. TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 4 II I II III I .. 1;" . ~ Ii if 1,1 ! J a" II: 't' "..l.! jr--J 1/lIl ;, 'if IIL~~ J //1 \ J II! ~ I 11l,~ J , UII f ~ .,. r lti .'.......*: .'. . . . ~ ..... .. .. w,.. ,. .... ~"'" .. AERIAL OF SITE LOCA liON TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 5 I I ;: Hi I lI'd; Jl jp :; l' .. dt I t~ ~EO ; [l~ j ,td I -.'......,--- .:::::G:~ . ;eoll g" Iii -. -..,. , " '.l ~. !. '\' i'~ 1,1 , ( ~ - - , =, . I h l, ! ..;z.i . j).t IA~! ~ htt1lgli'; ! ~1d 1h!~ lj~'~ ,.,J""I".,.""t1",, 'I!l" lJp~~t~"I,~ i:t'", ,\:'<ll* ~i~~ <<HH r .'::.J" .1i..~, h:'~ t\h~ :v c <Il U C ~ :g, ~ ~ " ! 1 ~ ~ ~o ~~ ~z << z~ 00- v;~ zO:> wO ::1;>- B:ti 1 " I I . . \ t:'~~ I~I ... ._- -., ,-~,-_.- ........- ........."~ '," - --...-- i ~ 1 , ...._... I ~~_~,==_h M;=~~ .- - ._- ----~_..- ti"~ il '-"1'" "'.',~ , ~ Ii F I , ; ~t qUI l-iL I ~lUI !: (........' ifl~ ill ,;iU ~h ~ "(" . · ~.l : I~~ · I" H! l ;.~ ~, , j jl illl I I I I 'I ,-" ---T r~~t:w~ -=- ::' i ': . ""? ? ! i ; ; 1 ~ g : n II i 'I I ~;rji! !! 11 ft~i I: i:i '>!! III i: I :! III J I 11 'I '!il u il c::> ~ U ~i !" ~, If -- . .L f'" -l-- ~' ~ r-- ,__ 'j ':' l-~ ,', ,,;::'!i::":;,Qt~'Q'_:,:)"'\i , ~~i h .-~il~ 4:~1~~ ~~,~" ! r~l I, n i '\ i\ :\\ \ , ~\ \\ :\ \i \1 i , i ~,-:l ~ :1, ,,; " ~ II PROPOSED SITE PLAN TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 6 II I II III I PROPOSED BUILDING ELEVATION TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 7 I I Map E-7 Mo Not to Scole ~~~~ 1= III ~=- -c I-l 0'r;1~ 1111 '= p II b' ( T~ o=.l!I ,~L4C SJ: !. P D DD of =D :--In I : ~ pOD .~ dl _ I ~ .~; ~~= = a ? ~c~ b ~ .""' ,'1-;; ::;~ ~ ~ '::!! ~ J \r---,J..., "" ~ ~ c~ ]8-~i ~ ~ I 030 j~ J 'l== ~\\~8 ))Q ~~l ,\'<~ r 1. 2. 3/24/ml 3/24/0~1 3/11 /O~: 9/24/0~~ 11/12/08 6/28/0~1 10/10/06 6/14/06 Street Closure Conditional Use Permit (Public/Private College/University) Street Closure Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit 3. 4. 5. 6. Town Center Associates. LLC : ~L Cij-3~. ~~JU b ul I AI=>l a-31JI ~~ "j J1.L~'l ~ ~ II = = = JU IT i ( .. -It'" VIRGINl4c- RF.-4CH ,,--&l1D. _ ' ~ IILllo ffTT hl~~ [E it r.c O u --- I~ 6 ~-jA " (5) .:" ,1't'''1';~ Ll,~'W, ,INK S' ~ P Iz;( I:~~ ~ e ~J ~ 0 ~~iAr~~. ~ 5] ~ MAIN ST. ~ ~1i';~ ~_~ ~A' (5~-(~a ~ c:J - II 0 ~ II I I H I ; -'4 Q-..:: ;OJ ~... ~D i) o~ c ~&In rll~ B A []'""'1J o 91~ 0;: ~~: J_&..L-.;'t'&UL~ .u. 8-;,.3A [5] SOUTHERN ~~ w~ .. 1 = "" '..... "'t',. L ~ = BV_~ ~l)B OOA " u u ~. wI, = :;~,..., ~ "i= JIL.l.lHi" ,'r 'V'" .,. :;::~ ~ - ."-'t '- ~- ;0:: . "rt:.J..: ~ CB-~ cur for Multiple-Family Dwellings C? ~,J.J ==[ J':::=J rB~:5 I] - - (1I=; Approved Approved Approved Approved Approved Approved Approved Approved ZONING HISTORY TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 8 II I it_=, I ~C.~OSUR~ .~~_~~:.~~~~~_,~_ --I; " li ._~",.,..- ~-.:,:"..;.;:.:.::::::=dJ APPLICANT DISCLOSURE !f the applicant is a corporation partnerShip firm. bus mess or other organization complete the foilowrng ;, ,.1st the applicant name followed by the names d al fTrembers trustees partl:ars, etc. below list if nDc::e::S8rYi rL.h\t C~:>-tr~" i\~;sOc1ate'::> L..,* ~-': (l-hFl':ters' CitY' ...J'_:~ l'-~r i\~~~;,:;c Pf~;_:,tY't~3~ :..." ,::;," rvlar;aoer~i: _.~"'L SH(:~ddnd ,fl.,!')!' (1.... / P. Nl~rt; ,;cr;:, :; ~,. 2 List ail businesses that have a parent-subsidiary or affilwted twslI1ess entity relationship with the applicant: (Attacn fist if necessary) Arma t~]fHoffhjr entities ard nurnernus Tov/n Ct1r:ter..reiated and other urrr-.'dtud t)US'nf~SS entit;p~ al"'~: .aftLLaLe..Q.:,ith t,,;e Ap,pli\:a::Ltm.1ugh.Js. pn'1cipa Is' D8':JE._Ar..ajflf.U:.A.&t~L'\J1.i<..",~:::l.Ant1JQnyE.._ Nerc" and :) V~lns entities thT"CL.gh its pnncJps,: Gt;f3ld ~. Ci\'ahs O';ileCK here if the appiicant IS NOT a corporation partnership finn r'iSInE'SS or otner unrncorporatecj organization. PROPERTY OWNER DISCLOSURE Cc 'YiiYE::e ffl{s section'.]!:i'! ;f propart.Y' o,voei'!$ diflerent from If the property owner '$ a corporation partnership, firm business or other unincorporated organization complete the following: 1, List the property owner nan,(} followed the names of all officers members, trustees partners, ete below !,L.tta"i' {1St d necessar}" Bed~":l DevE; ,- ~)r')ent /\uU-,:ontv- SfHJ attn:Jv.;r1 ;.~, t or \1ernters ;,: u:;t ad DJSlneSSt;S tll;)t ilave a paren!-subsidiary or afhhated business 0>r1tlty~ relat onship with the applicant: iAtten" !,sf ,f nr ::essary' o ;"neck here if the property owner is NOT a corporatio:1 bUSiness or other un f1Gorpora!oej organrldtioTl, "'~ ne it naGl; :f~)F ~ -':r:: t -:;') Does an Gificial C' of Beach 'lave an w[erest In the ';t lancj? Yes fee of the N,) .' if yes vmat '5 the nan;e of the officia' or employer! and the natue of their Interest? II III I z o t I ~ U I I .....:1 r-". ~ F--<< ~ ~ ~ ~ ~ ;::::> ~ o I I F--<< . I Q Z o u TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 9 I I z o I . ~ U I I ....:I t"'. ea h ~ ~ s:2-c ~ cr:J ~ ~ o I I F-t I I Q Z o u DISCLOSURE STATEMENT ,--~;:,:,_:,::,:--';::""--:::::^";;:;:~--=~:;';""::::___,_,_,_,_""",:::,~::",,::":~':::'z:~=_~.~,:^.:.::?>,.'.':::xm ~_",",,":.:.! ADDITIONAL DISCLOSURES List all known contractors or tiuSlr18sses thdt nave Or \'/ii! to the reqdt'steej property use l)u! rot ilcHed services, reat estate services fmanCl81 servlc':!' services I Attach :ist if necessar'j; sen!Jces with respec.t the ~)ro IKlers uf arch!tectural serVir:es "wd T"}'A'n eerier A~snCi3tes, ...,<...:: t=dr;gnrt'& c ~:e::;(:r ;:;., i : be;ltty' r'!arhj-~ ).. ,b..~S:,;...i2t~)~: Lt.-F, \1 5,,4.. ~''').C [}v,_'ir;~, R~~a, f::~tatL. inc. Ct18r'"'" ::-~nKa('rt_ & H:-/:.~~i:(j _i-P ?\n'3:::,~>'Hothpf c.;o'nl:,t~""' -:~HY1 Cc l:rucker & Fa}; Lc,D Part"l..'f' reiaticH)::;j"'Lp t""'Qanq a rel.:it!(HFJhln Inat €'X~S!5 vihen nnc:: GL~r~~Y'atlon 1')r Tlcilrecth; OV-Ins S~"H3res po:;sesslng rnOff, 5:' percent 07 the 'lotznq PC\\Hf ot fH1C',t!-iC~ C':\fcoratton Sue St~te and Lcca\ c;::-vernrrkHlt \.~()ll~Lct of tnt2n..~;ts ,:\ct ,Ia. CC"je? 2.2 3iC:1 ~'~lhatf>,j LU'~,jness t~nhty Ie atlons~'lfp nleans a ~'~~;;' at'~Y'lsJLP Jtht~r tnan p,;arenf- rek.tt!(Y-1SY" L rhat eXists vvhen Gne busnV2SS DX::tIZ\ '1 CiVJnerSIllC t" tUfest in ^.'t!~H~ . :>JSHlesS enLty (ill a G~)ntrfJl!in(; ;)wner contl'OWrv'1 ~l\i\dlnr 1n th;::. tdil'-->l' t}n1:t'<i i;i; ~t'!t:JG S S!l;F(>,~ >1~8n'jqenlf>nT ,.,,' ~t qtff:t;~?JV'lC(~~~ h10 bus~ness et1,ttties. r..:.-i1Cfun; lnat ShOd=C :)d COnS,d(;fv.;:d r~ r~eterrnH1lno tt:-..:.: ~"'x~stpncfj of :Jrf affil1ated tjUSln(~sS ~:ntit\ ;nc:uclc: H)8t tne S2rnet>er~;on i)' ,:iLbstan.htl v sarrH2 persor' :~~: n"lanaue tv~'c et:tties, nh~re cP'e CQfrn10n r:)r -runes :r aS~tets the h:'..slness entltlf~f; ,~'"\Jrc the use of :hG san1f~ offlC>3S 0" prnpIovees fY ;)tt1AP./l!Se sharf:.: actlvities re-;Z-h.Jrce~~ Dr ;..A:~: a requta~ tdS1S Uf th€~(\..; i~., cthF;~'/';j 30 ;;.~ ClC3e \VOfKjn9 rnlatlonshlp [~etv~e{~n H:e e~"i!,t <~~ $r:,t' State an(~ ~ocai Cc,,/pn1r~"';er,~ ir'tt_~re~c<t~, Act C()dc ~ ": '') ,. t:..,..... j CERTIFICATION: I G8rt+, n'lilt I';" ,"'Ofr'8vor ()1'\,,':-8;; ';,,,,,,,,, .)". r~.H" ..J n.X/i::2tle;,n P(~SL'8f'i~ ~r"::~~ tr,e ;... ::: r-~edr Y~1' ".1"," ":::Sp:)Ds[n E:: for r:~'~,'1 f\TJ ar',j }_cOSt r',; vi'~: ;f;?!st ;::C :J3l~~~ ~n~,:r t.. H~ ,':':., (;1:); - '~~-:l:,T"V~] ~CC\.-'1iG rld :C" .J."rat0 5:",8;3,,80 Iv ,,,J>.;cr.,i d1 "C'~~":'~"'" '~lt,. ~;. Sit :::)'.:..:" prepS"':! ; f':" L ,.j'PCS>>~, C' p~ (}-":\:~'';':' ) a:'f cat on ;r --: \; ~~ti\~tcSF::'L. l 3[,:~; ~ t;'.\ :~ t: ;-";-, . 'J,'iqr:.;:; c' LJ0dt A r,,~ :" Jqu:::;; ,.. ,.\ .~ r~ t. ;.:,' 2H:P ,:;1n~ , r" .. ~ ' TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 10 II \ ..,ignatun' 1'1Igt ! h1' 2 ('ul1ditiOllllll "C !"'rlnit \Ilplicalilln HInck 9 1 on II ( ,'nft:1' \irginialkal'h, \ in:ini.l 1\ \\[1 \l~" \\ III I!. II '" the J,n.: iILII-:.i!:J, ~d;,JI.., ''''';:. ~li ;,! ,';" ~i :" \PPLlc \ ,,( I t 1\\ '\ ( ] \ II I{ \'''''' PI " I ,!; L \ ir i ~ Lindh. .! iii_d~d '("- B\:_ \l \: i,'Ui< '-" HaJJ"d Ii" \Lm<1!2<.:r IJ,lk l TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 11 I I :-.i~llailll'l' !'a~l' 2 012 ( onditinna! I \l' !'amil \pplh:ation Block I) 10\\ II <. ;:Hler \ irginill H,'llCh, \ in,:in!H l' \\ n '\.! "" \\ 1l!RU If dL ul;,k' ,I,; ;),1' ,d>,,'d !h i~!'Uh: dah.. hhhc di.:d : .Ind 'c\d ,b PH3 IPl j{ i Y ( 1\\ ['\ R, (11'\ llf \ ]R(.IY! \ hI' \\ \! DE'\ ELOP\'lEYj \l T IlOj{j i ') B): (-;1'.\1 ! """ ['lt1(>.t~~\f'\.,D..:\. ( 1),\,., \." , " p, _ \_ L >. II.. l"'S\u-~~~~'~.;'.!.:t:....i"- TOWN CENTER ASSOCIATES, LL.C. Agenda Item 17 Page 12 II I II III I List of 'Ientller, ofthc ('in of Virl!.inia Beach lJcHlopmcnt Autborit\ c. rv1:.l!m ell Burtholomc\\, Jr. Dan H. Brockwell '[(:reS,l H. Cllmngton Douglas D, Ellis Donald V. Jellig P'lgc C,. Lea r,wl \' ~lichcb Jerrold L. Miller John \\'. Richardsnn Prescot! Sherrod Elizaheth A. 1 wohy \) UD\ \-L~mbtt,: j,,,, DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES, L.L.C. Agenda Item 17 Page 13 I I Item #17 Town Center Associates Conditional Use Permit North side of Columbus Street between Market Street and Central Park District 5 Lynnhaven July 8, 2009 CONSENT Joseph Strange: The next item is agenda item 17. An application of Town Center Associates for a Conditional Use Permit for a multi-family dwelling on the north side of Columbus Street between Market Street and Central Avenue, District 5, Lynnhaven, with three (3) conditions. Janice Anderson: Welcome. Joash Shulman: My name is Joash Shulman. I am here on behalf of the applicant Town Center Associates, L.L.c. I am a local attorney with Faggert & Frieden, P.C. The conditions are acceptable, and thank you putting us on the consent agenda. Joseph Strange: Tlank you. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Kathy Katsias to review this item. Kathy Katsias: Thank you. The applicant requests a Conditional Use Permit to allow development of the site for a mixed used building containing 219 dwelling units, 162 lodging units, and 26,000 square feet of retail space. The proposed building design is contemporary, complementing the existing buildings in Town Center. The propose building is 15 stories in height with retail uses occupying the first floor. Parking for the building will be met in the parking garages located throughout Town Center. The submitted proposal is consistent with the vision of the Comprehensive Plan, and the Central Business District Master Plan to blend multiple land use activities into a reinforcing whole. Staff recommends approval. We concur with staff. Therefore, we have placed it on the consent agenda. Joseph Strange: Thank you Kathy. Madame Chairman, I make a motion to approve agenda item 17. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. David? David Redmond: Madame Chairman, I will specifically abstain from item 17. I have a business conflict. Janice Anderson: Thank you. II I III I Item #17 Town Center Associates Page 2 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS LIV AS REDMOND RIPLEY RUSSO STRANGE AYE 10 NAY 0 ABS 1 ABSENT 0 AYE AYE AYE AYE AYE AYE AYE ABS AYE AYE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 17 for consent. Janice Anderson: I want to thank you all for coming down everybody that had an application on the consent agenda. Thank you very much I I ANTH(]INY CATALDO CUP - Bulk Storage Relevant Information: · Beach District · The clpplicant requests a Conditional Use Permit to allow use of a portion of the site as a bulk storage yard. . The s;torage yard would be for the use of the tenants located in the build ing on the site. · Storage area dimensions are 35 feet (facing Virginia Beach BouIE~vard) by 75 feet. · Area will be enclosed by a six-foot high white vinyl privacy fence. Gate will be located on the long side facing the building. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · TherE~ was no opposition. · Consent agenda. II I II I I r."';~~c~~ r..~~ ~.~.. f;" ~~ <t. .~~' It, \:~, ""~<~W ........................~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANTHONY CATALDO I CATALDO INDUSTRIES III, L.L.C., Conditional Use Permit, bulk storage, 317 Village Road. BEACH DISTRICT. MEETING DATE: August 25,2009 . Background: The applicant requests a Conditional Use Permit to allow a portion of the site to be used for bulk storage. The proposed, secured bulk storage area would be available for the tenants occupying the office warehouse facility located on the site. . Considerations: The proposed location of the bulk storage area is to the western (left) side of the building within a paved area not used for parking. The storage area will be enclosed by an eight-foot high white vinyl privacy fence. The dimensions of the bulk storage area are shown as 35 feet (facing Virginia Beach Boulevard) by 75 feet for a total of 2,625 square feet. Gates are shown located on the 75-foot length, with no gates on the Virginia Beach Boulevard side. Proposed hours for the bulk storage yard are consistent with those of the tenants leasing the additional space. This proposal for a bulk storage yard is in conformance with the Comprehensive Plan's recommendations for this area. The proposed bulk storage is located away from residential uses in an area partially screened by an existing adjacent building's block wall. The exterior fence materials will be a low maintenance vinyl. The vinyl privacy fence is proposed at eight feet in height. No landscaping is proposed in front of the fence because the fence will be installed in a paved area. Staff recommends that additional landscaping be placed along the street frontage and the interior side to screen the fence. 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 11-0 to recommend approval to the City Council with the following conditions: , I ANTHONY CATALDO Page 2 of 2 1. Bulk storage of vehicles, materials, and equipment related to the businesses shall be limited to the area defined on the submitted plan entitled "Commerce Park", page 6 of 15, prepared by wpl civil engineers, land surveyors, planners and landscape architects, dated April 27, 2005. Said plan has been exhibited to thH City of Virginia Beach City Council and is on file in Planning Depctrtment. 2. The applicant shall install additional, appropriate plantings approved by staff within the street frontage landscaping area along the length of the fence facin9 Virginia Beach Boulevard. 3. All trucks, trailers, and oversized vehicles shall be parked within the bulk stor8'~e area when not in use. 4. The 9ates to the bulk storage area shall be closed at all times except when personnel are loading or off-loading equipment and materials. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended 4ction: Staff recommends approval. Planning Commission recommends approval. Submitting Dep"rtmentlAgency: Planning Department ;1, :'Vv- City Manager: <::.:~~ \C~\\Yht ) II I III I 11 July 8, 2009 Public Hearin ANTHON CATALD CATALD INDUSTRIES, LL REQUEST: Conditional Use Permit (bulk storage) I I STAFF PLANNER: Karen prOChil~) I ADDRESS I DESCRIPTION: Property located at 317 Village Road, GPIN: 24075623130000 ELECTION DISTRICT: BEACH 6 SITE SIZE: 69,034 square feet AICUZ: Less than 75 dB DNL APZ 1 I SUMMARY OF REQUES~ I The applicant requests a Conditional Use Permit to allow a portion of the site to be used for bulk storage. The proposed, secured bulk storage area would be available for the tenants occupying the office warehouse facility located on the site. The bulk storage area would be enclosed by an eight-foot high white vinyl privacy fence. The dimensions of the bulk storage area are shown as 35 feet (facing Virginia Beach Boulevard) by 75 feet for a total of 2,625 square feet. Gates are shown located on the 75-foot length, with no gates on the Virginia Beach Boulevard side. Proposed hours for the bulk storage yard are consistent with those of the tenants leasing the additional space. LAND USE AND ZONING INFORMATI N EXISTING LAND USE: office warehouse SURROUNDING LAND North: . Office warehouse / B-2 Community Business District ANTHONY CATALDO Agenda Item 11 Page 1 I I USE AND ZONING: South: East: · Across Virginia Beach Blvd is undeveloped property leading to 1-264/ B-2 Community Business District · Across Village Road is auto sales and multi-family dwellings / B-2 Community Business District · Auto repair / B-2 Community Business District West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious as it is developed with a structure and paved parking area. There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRJl.NSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site has one access point to Village Road, adjacent to its intersection with Virginia Beach Boulevard. This is the site's only access point. Village Road i~j not in the Master Transportation Plan and does not have any CIP projects. This section of Virginia Beach Boulevard is designated in the Master Transportation Plan for a divided roadway with a 100' right-of-way width. There is a CIP project to improve the Virginia Beach Boulevard and First Colonial Road intersection approximately 2,900 feet east of the site. TRAFFIC: Street Name Present Generated Traffic Volume Present Capacity Village Road Unavailable 9,900 ADT (Level of Existing Land Use;! : Service "D") Capacity 93 ADT Proposed Land Use 3 : Virginia Beach 31,300 ADT 1 22,800 ADT -1 (Level of 100 ADT Boulevard (2008) Service "D") Capacity , Average Daily Trips 2 as defined by 20,000 SF office/storage 3 as defined by 22,625 Sf office /storace WATER & SEWER: This site is connected to City water and City sanitary sewer. POLICE: To deter theft and vandalism it is recommended that the applicant install a high security lock on the gates to this storage yard. FIRE: No Fire Department comments at this time. Recommendaltion: Staff recommends approval of this EVALUATION AND RECOMMENDATION ANTHONY CAT ALOO Agenda Item 11 Page 2 II I II III I request with the conditions listed below. Comprehensive Plan: The Comprehensive Plan designates this area of the city as Primary Residential. The City's Comprehensive plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Primary Residential Area. The plan states on page 91, "Limited commercial or industrial activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities, The plan recommends non-residential uses due to the influence of the AICUZ high noise in this area. This proposed use is compatible in this AICUZ and APZ. Evaluation: This proposal for a bulk storage yard is in conformance with the Comprehensive Plan's recommendations for this area. The proposed bulk storage is located away from residential uses in an area partially screened by an existing adjacent building's block wall. The exterior fence materials will be a low maintenance vinyl. The vinyl privacy fence is proposed at eight feet in height. No landscaping is proposed in front of the fence because the fence shall be installed in a paved area. Staff recommends that additional landscaping be placed along the street frontage and the interior side to screen the fence, CONDITIONS 1, Bulk storage of vehicles, materials, and equipment related to the businesses shall be limited to the area defined on the submitted plan entitled "Commerce Park", page 6 of 15, prepared by wpl civil engineers, land surveyors, planners and landscape architects, dated April 27, 2005. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in Planning Department. 2. The applicant shall install additional, appropriate plantings approved by staff within the street frontage landscaping area along the length of the fence facing Virginia Beach Boulevard. 3. All trucks, trailers, and oversized vehicles shall be parked within the bulk storage area when not in use. 4. The gates to the bulk storage area shall be closed at all times except when personnel are loading or off-loading equipment and materials. 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. ANTHONY CATALDO Agenda Item 11 Page 3 I I ANTHONY CATALDO Agenda Item 11 Page 4 II I II III I 5' ;,:!f ;}.'~Mr O~:J.I#Jt; ,~,. f.M~IJ.it.l;;(.jJlJ) (.''''sr. J2'J05'Z280N)69J8) f.'tl(.4'rqT'!' /Y ~rAlOO 1't(JU)'m'[S 44 LV:" (M71____) r:-::'~ I I, II I i ,,/' j I (' Ii './',,1 .~ 'Vi ~ ~ ;f"'~ ~H i . COtC........'" "'.,,'" g ~#i;;~ Iii!;>;; ~~~~ ~.~~~~ ~iii ~ f i ~r: /I I ~ II /::', I I,i 5,', I, I 'I ~,' 1 "~" , " f! \ I I i!t \ ' II "" , II ,,) II 11Ji", lit: ~ 'j I I I I @ t f! SU(IL':,as.tW OF .wurr IiANcR (11.8 2'. P flJ c CO .: I ~ I ; , J ~ ~ Ijl ~ ~ I~I' ~ I'. ~ A!~ \/~ VIRGINIA BEACH Borrr"'y.'6R'D u..", LI - 100' R/W (D.B, "., p, 11') 2lO,6(J' -""'1 Ie..... ,--j ! h", ... ; I j h_ --i I '_h "'1 ! J i j I , --,0' ~ IlIfJIJat .' ~ i t~',.l~' ,,'~!; IJ1L'-rd'gfnr HUm<< =rA~Stqr ltVT. ! Proposed landscape screening along these sides r- SYMBOL LEGEND ct:~ _ 24CNI6-231l I~ I' ,.. CCJ.r: ClR8 ~ GJ/1fR(IYp-;-----'-- -aWlr EMJUPER a..oc!( CCf - CVR8 DROP lM.ET 01 - DROl' lNU3 L'i ; .L_ HAHIHCAP VARK~ SQ) $CO - SANITARY cu:ANOlIJ . SIGN . SOMH- S1lJRM DRAIN IlWf'fQLE W WItTER urn:R ''''''0 IIlRKAf<J.SI([1T, LS. NO. r'na ~~~;:~,,~ THE l.JrClffaICS(O CERlfY lllAl 1'HESE PLAT oW) Pt.ANS ARE ~lE JtM) COMPLY WI!Ii fH[ ~~ or SECTION :16-79.58 A Of M COOE or wtGIflA. rs 16). IS AIIEl<<D NIO lIlA! II.l IH1!i 1lD'IC1Ill1OfON ""VI: HOT VEl fl[[N IlEGIJN, ~ _---.J 25' 0 25' 50' """"'" 50iU 1.-2~' PROPOSED SITE LAYOUT ANTHONY CATALDO Agenda Item 11 Page 5 p\-I010GRA-P\-IS Of PROPOSED \.OCP.1\01'l AN1'r\ONY CA l' ALOO Agenda \tem "\ 1 pagel II I II III I 1 04/2009 APZ Admin approved 2 07/10/2007 APZ (CUP - motor vehicle sales) Admin approved 03/27/1989 CUP - small enqine repair Granted 3 03/14/2006 CRZ from B-2 to 1-1 Granted 4 1 0/09/2001 CUP - mini warehouse / self storaqe Granted 5 02/22/2000 CUP - automobile repair qaraqe Granted 6 10/08/1996 CUP - motor vehicle sales Granted 7 01/25/1994 Non-conforminq use Granted 8 06/12/1989 CUP - recreational facility Granted 9 03/27/1989 Non-conforminq use Granted ZONING HISTORY ANTHONY CATALDO Agenda Item 11 Page 7 I I SCLOSURESTATEMENT APPLICANT DISCLOSURE If the applicant IS a corporation partnership firm busJ!1ess or other umncorporated organizatlon complete the folJowlng 1. list the applicant name followed by the names of ail 'nernbem trustees partners etc, below: fAttaet1 fist If necessar}! ~,i._"~H~~"""~""'~ .;...__ *,-"""w__:i_v_-.;.:"I~^"*.':"._....._, 2. LIst all busInesses that have a parent-subsidiary 1 oraffdlated relatlom,hip with the appitcant (Attach list if nec;(:ssaJ:\i! entitY' o Check here if the applicant is NOT a corporation. partnership firm business or other unincorporated orgamzation PROPERTY OWNER DISCLOSURE tillS sElction only if propeny owner IS different (!Om appllCJllt If the prape -ty owner IS a corporation. partnershIp firm business or other unincorporated orgamzatlon. complete the foHowmg' 1 List the property owner name followed by tl18 names of at! OftlC81S members trustees partners ete below: (Attach list if nece!':saryi . ,_w...._".. ._ ~W^'r-'"'-"" 2 List 131 b ,lsinesses that have a parent-subsidiary 1 or affiliated busmess Wlttl the applicant: (Attach list ifnf'tA?SSdI y,i o Ctlcck here if the property owner IS NOT a corporatiOn f,artnersnq) tiff!' business or other Jnlncorporated organlzat1on 3< ' See ne1C page fur fcoln:)h'~ Does an offkial or Of the City of Vlfg1nia Beach have an Interest in the subject land'l Yas No,"",c._ If Wliat is Ule rame Of the official or employee and the nature of thpwinteresP r <In... ~ ~ z o I t !< c ') .1 I I , ,-... ~ f--t I I ~ ~ ~I :~ CI':J ~ ~ o I t f--t I t Q Z o ~ ') ANTHONY CATALDO Agenda Item 11 Page 8 z o I I H- ~ . I ~ ~I ~ f--4 ~ ~ ~ I' ~ eI"':) p ~ o I ( f--4 I I ~ Z f. 0;;".", OhM' , o u II III I DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or busmesses thaI have or Wi!; orCViCle sennces with respect to the requested property use Inciud ng but not Iwmted to mE: nrOVlders of architectural services real estate services financial serVices ser\w:es anei legal services [Attach list if necessary i ParenH,ubSid,ary re!allOnsr1!p' medns'a relaltonshlp Hldt <2: ;<\,,1;; when one corporation cllrectl" or mrllrnc!ly owns shares possesslIlg more than :,,() perce'lt of the power of another;0rporallol1, See State and Local Goverml\C~l1t ConfliCl ollnlerosts f\ct Code S 2 2-3101. Va 'i\ffiiraled business entity relationship' means a reiallonsJmJ other than parent, subsidiary relationship that eXists when id one busmess has ct ownership Interest In the othel business entity [;1) a controllrng ow ner If1 one entity IS also a conti oiling owner In the other ent;ty or Inll there IS shared management or control between the bUSiness entities lactors that should be cem Sloered In th, ;;;..stence of an affiliated bUSiness entity relaHonshlp Include that the same person or substantially the same person own or manage the two entities there are common or funds or assets the business entihes sflare the use of the same oftrces or employees or ofhelWlse share 3ct<vitl8S resources Qr personnel on a regular baSIS or there is oUlelWlse a dose working relaliunship between the enfllles, See State and Local Government Cunnicl of Interests ,Acf \/21, Code ~ ,;} 2.31 01 CERTIFICATION:! certify nld! Hie inf,;;rmat Oil contlJlni'!\J nerbl' ,,; 1; i\J an;'1 ac.curate I ,lndelstal1\; in2' upon receipt of notlf:cation 'costcard! that the appirc.Btlon has Geell scheduled f:;;r p"OIl"; ;'8,r'r1.) :~rn respons;bie for otJti3if1lng and poshng the reqcwed <;,qn JI1 t'^,e ,>uhject p'cperiy at east 30 ciajq PO':l :c the scner!iJied put)hc heatlng 3G(~~cr(hnq to themstructJOHS thts paer,age Thl~ else -conStnt~, tc. er"tr}l upon the property by E:rnU<>y2HS of tne of and ~IH::~V the sJte 'for purposes of prOCf:ss,f~:) ;~r<5 ~2vajuarnq th!s app!icatl(H1 Plil''i''''Wl ,; P'"til thctp appLcarti , ," '.r;l' '- ~~ i ' r 'r~nJ ~DjJiWd* n ';, ! >~~. 'I' *.d :- / v', DISCLOSURE STATEMENT ANTHONY CATALDO Agenda Item 11 Page 9 I I Item #11 Anthony Cataldo Conditional Use Permit 317 Village Road District 6 Beach July 8, 2009 CONSENT Joseph Strange: The next application is item 11. An application of Anthony Cataldo for a Conditional Use Permit for bulk storage on property located at 317 Village Road, District 6, at the Beach, with four (4) conditions. Anthony Cataldo: Good afternoon. My name is Anthony Cataldo. I'm the property owner. I accept the conditi::ms. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? Ifnot, tbe Chairman has asked Phil Russo to review this item. Phil Russo: Thank you Mr. Strange. This is a request for a Conditional Use Permit for property located at 317 Village Road, which is off of Virginia Beach Boulevard. The applicant is requesting a Conditional Use Permit to allow a portion of the site to be used for bulk storage. The proposed, bulk storage area would be available for tenants occupying the office warehouse facility located on the site. The Comprehensive Plan designates this area ofthe city as primarily residential but the City's plan also rcinforccs thc suburban characteristics of this area would allow for limited commercial or industrial activities providing desired goods or services, and Planning feels that these services are in line with the plan. Since Planning feels that the proposal for a bulk storage yard is in conformance with the Comprehensive Plan's recommendations, the Commission has determined to put this on the consent agenda. Joseph Strange: Thank you Phil. Madame Chairman, I make a motion to approve agenda item 11. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE I i I II II I I Item # 11 Anthony Cataldo Page 2 RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 11 for consent. I I JENIFE:R AND KELLY BRITT CUP - Outdoor Recreation Facility Relevant I!nformation: · Kempsville District · The clpplicant requests a Conditional Use Permit to allow the continued use of a skateboard ramp, which is located in the rear yard of this single-family lot. · The c.:lpplicant has met with adjacent property owners and others in the surrounding area, and has signatures of support. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · TherE~ was no opposition. · Consent agenda II I II III I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JENIFER & KELLY BRITT, Conditional Use Permit, skateboard ramp, 825 Hanover Drive. KEMPSVILLE DISTRICT. MEETING DATE: August 25,2009 . Background: The applicant requests a Conditional Use Permit to allow a skateboard ramp on this residentially zoned property. The ramp is primarily used by the applicants' 1 O-year old son. . Considerations: The ramp is currently located at the southwest corner of the rear yard, approximately two feet from the side lot line. At this current location, the ramp does not conform to required setbacks. A condition of the Use Permit is recommended below, requiring the ramp to be moved to the required five foot setback. The size of the ramp is eight feet by fifteen feet (8' x 15'), with a height of four feet at the rollout deck platforms. The applicant has met with adjacent property owners, as well as residents in each of the blocks surrounding the site, explaining the need for the Conditional Use Permit and their desire to upgrade the ramp and relocate it to meet the setbacks as required by the Zoning Ordinance. Signatures of support from the residents on forms provided by the applicant were submitted with the application and are found at the end of this report. The applicant developed a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for its use will prevent the sound from and activity at the ramp from becoming "noise" and an intrusion on the surrounding residents. The applicant also personally visited with the adjacent residents, providing them with a copy of the standards and rules, and explained them to the residents. With the conditions recommended below and the recommended noise attenuation improvements (wood sheathing at each end of the rollout deck platforms to reduce sound and sound attenuation material attached to the underside of the skating deck), the ramp will not prove to be a destabilizing influence in the neighborhood. I I JENIFER & KEl.L Y BRITT Page 2 of 2 There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council with the following conditions: 1. The skateboard ramp shall be relocated to meet required setback for accessory structures as set forth in the City of Virginia's Zoning Ordinance and retrofitted in compliance with the cross section detail entitled, "Britt Ramp." 2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in retrofitting the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepClrtmentlAgenC( ,Planning Department ',\r' City Managerc:e""'~ '{..., ~ l>P1.. II I III I 5 July 8, 2009 Public Hearing APPLICANT & PROPERTY OWNER: JENIFER & KELLY BRITT STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (outdoor recreational facility - skateboard ramp) ADDRESS I DESCRIPTION: 825 Hanover Drive GPIN: 14762377240000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 10,000 square feet AICUZ: Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow a skateboard ramp on this residentially zoned property. The ramp is primarily used by the applicants' 10-year old son. SUMMARY OF REQUEST The ramp is currently located at the southwest corner of the rear yard, approximately two feet from the side lot line, At this current location, the ramp does not conform to required setbacks. The size of the ramp is eight feet by fifteen feet (8' x 15'), with a height of four feet at the rollout deck platforms. The applicant has met with adjacent property owners, as well as residents in each of the blocks surrounding the site, explaining the need for the Conditional Use Permit and their desire to upgrade the ramp and relocate it to meet the setbacks as required by the Zoning Ordinance, Signatures of support from the residents on forms provided by the applicant were submitted with the application and are found at the end of this report. LAND USE AND ZONING INFORMATION EXISTING LAND USE: single-family dwelling JENIFER AND KELLY BRITT Agenda Item 5 Page 1 I I SURROUNDING LAND USE AND ZONING: North: South: East: · Single-family dwellings / R-10 Residential District · Single-family dwellings / R-10 Residential District . Hanover Drive · Single-family dwellings / R-10 Residential District · Single family dwellings / R-10 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Chesapeake Bay watershed. There do not appear to be any significant cultural or natural resources on this site. IMPACT ON CITY SERVICES WATER & SEWER: There is no impact on City water and sewer services from this use. POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result in increased calls primarily due to noise, Rules for use of the ramp, strict supervision of use of the ramp, and control of access to the ramp are necessary to avoid the ramp becoming such a nuisance. - Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in thElir yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball ~Ioals, etc.), skateboard ramps have the potential to become nuisances to surrounding residents, especia Iy in regard to sound that emanates from the facility, such as the continuous bouncing of a ball, the sound of skateboard wheels rolling across the plywood surface of the ramp, or the sound of cheers and joyful ~;creams, Such sound is normal and is expected in residential neighborhoods, The problems arise when the sound occurs outside the hours of the day expected for such sound, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes "noise." Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp, has the potential to create the greatest nuisance, thus, the requirement for this Conditional Use Permit. To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing influences is met, it is vital that this proposal provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the neighborhood, To accomplish this, the applicant developed a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for its use should prevent the sound from and activity at the ramp from becoming "noise" and an intrusion on the JENIFER AND KELLY BRITT Agenda Item 5 Page 2 II I II III I surrounding residents. The applicant also personally visited with the adjacent residents, providing them with a copy of the standards and rules, and explained them to the residents. Staff, therefore, concludes that with the conditions recommended below and the recommended noise attenuation improvements (wood sheathing at each end of the rollout deck platforms to reduce sound and sound attenuation material attached to the underside of the skating deck), the ramp will not prove to be a destabilizing influence in the neighborhood. Approval of the Conditional Use Permit is recommended, subject to the following conditions. CONDITIONS 1, The skateboard ramp shall be relocated to meet required setback for accessory structures as set forth in the City of Virginia's Zoning Ordinance and retrofitted in compliance with the cross section detail entitled, "Britt Ramp," 2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in retrofitting the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to, If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. NOTE: Further conditions may be required during the administration of applicable City Ordinances. JENIFER AND KELLY BRITT Agenda Item 5 Page 3 , I I AERIAL OF SITE LOCATION JENIFER AND KELLY BRITT Agenda Item 5 Page 4 II I II III I IHI~ l~ IU Gt.KHt'T IHJ\11 UN ...~. '''',.G.VUI ">Uf'VL.Il-1J 11'''' ''''-''1-'''' SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTI.. Y WITHIN THE TITLE UNES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS,I;~T AS SHOWN. / ;;..~~"~1I.... /~ 2 3 PIN (F) 0.3' N 4tM9'13" E 90.10' 36" WIRE FENCE 0.1' r-=-- 11~:I~ 21- 10.0' V-t). ;82 Ii e('~,0' I. 24.8' l ~ 81 ~ ... 0." :: .. . "c ..... ... ~ ~: :.:',..~ " ',: .: . .7' 34.3' ,., '" ;:; 1 STlJRY BRICK ok FRAME HOUSE 1825 . ~ ~ ~ ,., iii i? Iri 13.8' 28.4' . ; ','- - z ." . ,.~ ':~ in ~ '.'.1;;..; dJ .,! " ~u . .. ..~. "I., 0: ~,'''.. 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"'..., '-, PE,.,,.'ON fOR SUPPOR" JENIFER AND \<.ELL'Y BRITT Agenda \tafT' 5 page 8 II III No Zoning History to Report ZONING HISTORY JENIFER AND KELLY BRITT Agenda Item 5 Page 9 I I DISCLOS;URE STATEMENT APPLICANT DISCLOSURE f If the applicant is a corporation, partnership firm, business, or other umncorporated organization, complete the following: 1, List the applicant name followed by the names of all officers, members, trustees, partners, ele, below: (Attach list if necessary! 2, List all businesses that have a parent-subsidiaryl or affiliated business enttty2 relationship with the applicant (Attach list if necessary) , fz( Check here if the applicant is NOT a corporation, partnerShip firm, business, or other unlnc>Jrporated organization, PROPERTY OWNER DISCLOSURE Complete thJS ;,ection 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 proiJerty owner name followed by the names of all officers, members. trustees, pc; rtners, etc. below: (Attach .ltst If necessary) 2. List all businesses that have a parent-subsidiaryl or affiliated business entity' relationship with the applicant (Attach IJst if necessary) O/Check here if the property owner is NOT a corporation partnership, firm, busmesB, or other unincorporated organization, r.....-.'....---' ---".-- --- -.-..---,- & ' See next pa ~e for footnotes Does an offiCial or employee of th~ City of Virginia Beach have an interest in the / subject land? Yes,_,___ No~...,_ If yes, what is the name of the official or employee and the nature of their interest? (,.,;,:Hlt1A;nrpos:; ~>~'t: ~;t~:~n;t Ar'vw.1:,~Fn{1 Paq(~ q ,~~ . ' Rt'V,""H~ ' z CO I . ~ U I I . , ~t ea E-c ~ ~ r"'. ~ CI":J t::> ~ CO I I E-c . . Q Z CO U DISCLOSURE STATEMENT JENIFER AND KELLY BRITT Agenda Item 5 Page 10 II I z o I I !< u :...J ~I ~ F--t ~ ~ ~ ~ CI':) :::::> ! ~ o I I F--t . I Q Z o u II III I DISCLOSURE STATE ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wIll provide services With respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial serVices, accounting services and legal services: (Attach list if necessary) 1 Parent subsidiary relationship means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the., votmg power at another corporation," See State and Local Government Contilct of Interests Act Va Code S 2,2-3101, : 'Affiliated buslOess 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 If) one entity is also a controlhng owner in the other entity, or (Iii) there is shared management or control between the busmess entities, Factors that should be considered in determintng 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 commmgled funds or assets the business entities share the use of the same offices or employees or otherwise share activities resources or personnel on a regular basis or there is otherwise a close workmg relationship between the entities, ' See State and Local Government Conflict of Interests Act Va Code S 22,3101. CERTIFICATION: I certify that the Information contamed herein IS twe and ace,vate I W"loerstand that. upon receipt of notlflcatlon (postcardl that the application has been sClleduied tor publi(~ hearing I am responsible for obtaH1ing and posting the reqUired Sign on the sublect property at least 30 days plior to the scheduled public heaflng according to the Instructions n tl1m package. The und€!fslgned also consents to entry upon the subject property by employees Of the Department of Planning to photograph and view the site for purposes of process,ng and evaluating th,s application ,..\'y(u' Ant' .,<1~~tl~ iO t:.f ~ C ,<'GO.' DISCLOSURE STATEMENT JENIFER AND KELLY BRITT Agenda Item 5 Page 11 I I Item #5 Jenifer & Kelly Britt Conditional Use Permit 825 Hanover Drive District 2 Kempsville July 8, 2009 CONSENT Joseph Strange: The next matter is agenda item 5. It's an application of Jenifer and Kelly Britt for a Conditional Use Permit for a skateboard ramp on property located at 825 Hanover Drive, District 2, Kempsville, with six conditions. Jenifer Britt: Hi. ['m Jenifer Britt, one of the property owners at 825 Hanover Drive. We are in agreement with all the conditions to be met. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chairman has asked Henry Livas to review this item. Henry Livas: Thank you. The applicant requests a Conditional Use Permit to allow a skateboard ramp on this residentially zoned property. The ramp is primarily used by the applicants' 10-year old son. The ramp is currently located at the southwest comer of the rear yard, approximately two feet from the :;;ide lot line. At this current location, the ramp does not conform to required setbacks. The size of the ramp is eight feet by 15 feet (8' x IS') with a height of four feet at the rollout deck platfcrms. The applicant has met with adjacent property owners, as well as residents in each cf the blocks surrounding the site, explaining the need to meet the setbacks as required by the Zcning Ordinance. So, they have agreed to meet the setbacks now. Signatures of support from the residents on forms provided by the applicant were submitted with the application. Planning staff recommended approval of the requested Conditional Use Permit. However, the staff did compose some conditions relating to hours of operation and noise attenuation improvements. In addition, the Commission added a condition pertaining to a one year review by the Zoning Administrator to ensure that the skateboard is being operated properly. Therefore, we approve this recommendation, and we have placed it on the consent agenda. Joseph Strange: Thank you Henry. Madame Chairman, I make a motion to approve agenda item 5. Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE II I II III I Item #5 Jenifer & Kelly Britt Page 2 HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 5 for consent. I I n~::1Y'- ~ 5' Carolyn Smith ~om: Jent: To: Subject: Bruce Melcher [4birdie@cox.net] Monday, July 06, 2009 5:21 PM Carolyn Sm ith No Skate Board ramps in residential areas Ms. Smith, I'm very disappointed that one of our neighbors wants to build a skate board ramp in their back yard. The residence is at 825 Hanover Drive in the Bellamy Manor Estates section of Kempsville. I applaud the parents for keeping an eye on their kids but the noise from a skate board ramp will surely ruin the ambience on this peaceful neighborhood. There are many activities that are not appropriate for the backyard - and this is definitely one of them. The orange sign in their front yard states that here is a hearing scheduled for noon on Wednesday July 8th - not convenient for working c1as5 families. I propose the City of Virginia Beach prohibits such activities in residential neighborhoods. Would you wants a skate board ramp in your neighbc rs backyard? The city parks have ramps for the kids - we don't need them in my backyard. I appreciate your time on the telephone this morning - thanks to all the Virginia Beach employees - you do a great job. Bruce Melcher 757.620.2519 Putting for Birdie Bruce & Leah birdie@cox.net 1 II I II III I r.~~i':"\~ r.~",,,~~-'~:.r,"" f~,~ ';,:,":~ R~,.), ': ,:,~'~ ~""""'~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Ordinance to Amend Section 201 of the City Zoning Ordinance Pertaining to Setbacks for Piers. MEETING DATE: August 25,2009 . Background: Currently, any portion of a pier over 16 inches in height and above mean low water, must meet required yard setbacks. Many waterfront properties are zoned R-40 Residential District which, for example, has a requirement for 20-foot side yard setback. There are numerous waterfront lots that have a very limited amount of actual water frontage, and thus, cannot meet such side yard setback requirements. In other cases, the pier must be shifted closer to a side property line in order to reach navigable water. Over the last five years, the Board of Zoning Appeals has been hearing 12 to 30 cases per year for pier setback variances. Such a high number of variance applications usually indicates that there is a problem with the Zoning Ordinance. State Code indicates that where a situation of the property is recurring in nature, variances should not be granted and that a Zoning Ordinance amendment should be considered. This proposed amendment to Section 201 of the Zoning Ordinance responds to the recurring nature of setback variances for piers. . Considerations: The amendment allows piers to extend into required yards under certain circumstances. Specifically, the amendments will allow an uncovered pier, no more than four (4) feet in width, to extend into a required rear or side yard setback if necessary to access navigable water. Where this relaxation of the normal yard setback occurs, the pier cannot have any structures attached to it except for uncovered boat lifts. By not allowing covered boat lifts, covered docks, or other structures, the impact on adjacent properties is reduced. There was opposition to the proposed amendment. . Recommendations: The Planning Commission, by a vote of 11-0, recommends approval to the City Council. . Attachments: Staff Review and Ordinance I I CITY OF VIRGII\JIA BEACH - SETBACKS FOR PIERS Page 2 of 2 Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department/l;,~ City Manager~~ "f-- ~~ 1 II I II III I 14 July 8, 2009 Public Hearing CITY OF VIRGINIA BEACH ZONING ORDINANCE AMENDMENT (SETBACKS FOR PIERS) REQUEST: An Ordinance to amend Section 201 of the City Zoning Ordinance Pertaining to Setbacks for Piers, This amendment was deferred by the Planning Commission on May 13, 2009 to allow the staff time to address opposition. The amendment has been redrafted and is summarized below. SUMMARY OF AMENDMENT Currently, any portion of a pier over 16 inches in height and above mean low water, must meet required yard setbacks. Many waterfront properties are zoned R-40 Residential District which, for example, has a requirement for 20-foot side yard setback. There are numerous waterfront lots that have a very limited amount of actual water frontage, and thus, cannot meet such side yard setback requirements. In other cases, the pier must be shifted closer to a side property line in order to reach navigable water. Over the last five years, the Board of Zoning Appeals has been hearing 12 to 30 cases per year for pier setback variances. Such a high number of variance applications usually indicates that there is a problem with the Zoning Ordinance. State Code indicates that where a situation of the property is recurring in nature, variances should not be granted and that a Zoning Ordinance amendment should be considered. This proposed amendment to Section 201 of the Zoning Ordinance responds to the recurring nature of setback variances for piers. The amendment allows piers to extend into required yards under certain circumstances. Specifically, the amendments will allow an uncovered pier, no more than four (4) feet in width, to extend into a required rear or side yard setback if necessary to access navigable water. Where this relaxation of the normal yard setback occurs, the pier cannot have any structures attached to it except for uncovered boat lifts. By not allowing covered boat lifts, covered docks, or other structures, the impact on adjacent properties is reduced, RECOMMENDATION Staff recommends approval of the proposed amendments, CITY OF VIRGINIA BEACH - PIERS Agenda Item 14 Page 1 I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO AMEND SECTION 201 OF THE CITY ZONING ORDINANCE, PERTAINING TO SETBACKS FOR PIERS Section Amended: City Zoning Ordinance S 201 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT OEDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 201 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 201. Yards. (a) General. All required yards shall be unobstructed by any structure or other improvement which exceeds sixteen (16) inches in height as measured from ground elevation; provided, however, the following improvements may be located in a yard: (8) Uncovered piers no more than four (4) feet in width may extend into recluired side or rear yards if necessary to access naviqable water. provided that no structures. except for uncovered boat lifts. shall be QgJmitted on any portion of the pier. COMMENT These amendments will allow piers to be located in a required yard when necessary to access navigable water. Under such circumstances, only uncovered boat lifts are allowed on the pier. of Adopted by the Council of the City of Virginia Beach, Virginia, on the _, 2009. day APPROV ~ D AS TO CONTENT: \ APP"f."R~VE,'. D, ,AS, TO,.. ,L.,;G .AL, "SU,FF". 7C, I NCY: , .' 'lv7 )iL i / ' , i . {/lJ{htA Ii ./ P!(u'1 City Attorney's Office "....,-,',.~,~-- Planni CA 1103 R-5 May 15, 2009 I i I II III I Item #14 City of Virginia Beach An Ordinance to Amend Section 201 of the City Zoning Ordinance pertaining to setbacks for piers. July 8, 2009 REGULAR Donald Horsley: The next matter is item 14, the City of Virginia Beach. It's an ordinance to amend Section 201 of the City Zoning Ordinance pertaining setbacks for pIers. Janice Anderson: Karen, are you going to introduce it? Karen Lasley: Do you want me to introduce it. Janice Anderson: Yes. Karen Lasley: Or just wait and answer questions? Item 14 is an amendment pertaining to setbacks for piers. Any portion of a pier over 16 inches in height up until it gets to mean low water has to meet the side yard setbacks. This property is an example. It is zoned R-40, so the side yard setbacks are 20 feet. Where did it go? You can't see it as well in here. This lot has a stem out to the water (pointing to PowerPoint). It is 30 feet wide. There is no way to get a pier out there and meet the setback of20' and 20', when they only got 30 feet. This amendment is before you today because at the Board of Zoning Appeals they hear 12 to 15, up to 31 one year, cases where piers can't meet the setbacks. When you have a high number of variances being requested that is an indication there is something wrong with the zoning ordinance. The State Code says if a variance is recurring in nature, the Board of Zoning Appeals is not supposed to be dealing with that. You need to amend your Zoning Ordinance. So, the amendment before you today allows piers in setbacks under circumstances where the pier can only have a maximum width of 4 feet. It must be necessary to invade those setbacks to get to navigable water. No structures can be built on the piers. You can have a boatIift and that is it. The boatIift can't be covered. It can't have a gazebo out there. No other structures, just an uncovered boatIift. I think that is a pretty good summary. Do you have any other questions of me before you hear the speakers? Janice Anderson: Are there any questions of Karen right now? Jay. Jay Bernas: You said that BZA hears many of them a year. Are 100 percent of them approved or what cases are not approved? Is it like 99 percent approval? Karen Lasley: I would say 99 is probably good. I know there is one that I know they had denied that one ended up in court, as a matter of fact. Most of them are approved. Absolutely. Jay Bernas: Okay. Janice Anderson: Thank you Karen. I I Item #14 City of Virginia Beach Page 2 Karen Lasl~y: Okay. Thank you. Donald Ho:~sley: Our first speaker in support is Mr. Bourdon. Eddie Bourdon: Can I pass these out? Janice And'~rson: Sure. You can give them to Henry. Eddie Bourdon: I'm passing out a state code section, which I will review in a second. For the record, my name is Eddie Bourdon, a Virginia Beach attorney. I've been practicing Lmd use law predominately in this city for about 25 years. And, I want to give, first of all kudos to Bill Macali, Kay Wilson, and Karen Lasley for putting this revision, this Section 201 before the Planning Commission and Council. Eventually, and this is long overdue in my view, and absolutely necessary revision to Section 201 of our Zoning Ordinance. The City adopted its first zoning ordinance 56 years ago and our current zoning ordi1ance 35 years ago. And I am 100 percent certain that, although I wasn't here 56 years ago, that no one ever contemplated or considered in 1956 or 1973 that the building setbacks contained in our Zoning Ordinance for homes on residential zoned lots, that is front yard, side yard, and rear yard setbacks for homes would be used decades later to try to prohibit property owners with riparian rights, that is waterfront property owners from having a private boat pier. Let me note for a second that the side yard setbacks, and that is predominately what we're dealing with, vary within the different zoning categories. It differs in residential zoning categories from 5 foot side yard setbacks in R- 5S zoning, Shadowlawn, waterfront lots, to 8 feet in the R-5R, R-5D waterfront properties that exist in different neighborhoods of the city to 10 feet, to 15 feet all the way to 20 foot side yard setbacks in the R-40 zoning district. That is for houses. Unfortunately, what is occurring and what is taken place in recent years is that petty disputes between neighbors, jealousy between neighbors and power plays have crept into our ever expanding regulatory process, which has gotten much, much out of hand. Way out of hand. The variance process through the BZA is an appropriate process for what is a by-right use of waterfront riparian properties. I've given you Section 62.1-164 of the State Code, state law which clearly states that every riparian property owner has the right to a private Joat pier. Now VMRC and the Army Corp. of Engineers involved in this process both water access issues are all taken care of through them. The City's only jurisdiction lrguably is in the intertidal zone between the mean high water line and the mean low water line. Because of certain properties, your mean high line is up at the bulk head and your mean low water line is further out. You have this intertidal area that sometimes has marsh and sometimes has mud flat, and that is the only area that the City has jurisdiction. And, because we have Wetlands regulations today that we didn't have many years 19O, you can't have a floating dock in that area because the Wetlands regulations want you to have the dock four feet above that either marsh or mudflat. So, you can't build in 16 inches. You can't let it float. You have to have it four feet above the mud flat or the marsh. It is in that area that exists on some properties that the City has jurisdiction 10 apply a building setback for a house, and it is just reeks havoc on the people wholre in this position to have to deal with that issue. Staff very appropriately and correctly has recommended to you the minimum type of dock. No covers. No gazebos, jus: a dock. That would be applicable in those instances. Where you have no II I III I Item #14 City of Virginia Beach Page 3 choice but to put a dock within, what is now interpreted to be an applicable setback. Now, philosophically from a regulatory perspective on docks, why would it be okay in Shadow lawn with a 50 foot wide water frontage to build a pier. Mean high, mean low, going over Wetlands or have you, five feet from the side property line, by-right, yet in Alanton you can have a lot with 40 feet of water frontage and you got to go to the BZA because your 20 feet in the middle. You got no ability to build a pier without a variance if you got that intertidal zone behind your property. So, you have to hire an attorney, hire an engineer, go through a process. You may wind up having your neighbors oppose you. You take them court. You could be spending years in court and tens of thousands of dollars which has unfortunately happened, to be able to serve your legal right to put a pier up for a boat for your house. Now, again, if you have a situation in the same scenario 40 feet on the water but let's say you're in Great Neck Point and you have a bulk head, you have high water on low water is on your bulk head. There is no mudflat. Then this doesn't apply at all. You can build the pier on the property line because there is no area. When you leave the ground at the bulk head, you're not going 16 inches above any grade. Once you go out, if there is no mudflat underneath or any wetlands underneath you, the City has no jurisdiction at all. So, this whole process is so crazy to have gotten to where it has gotten. But what is before you today is absolutely appropriate means by which to provide minimum relief to those people who are in a position that they, again through interpretation, are supposedly in a setback applicable, originally to homes. No mention of piers. It's a great change. It is long overdue. Please recommend approval to City Council of this change. I'll be happy to answer any questions that any of you may have. Janice Anderson: Are there any questions? Thank you. Eddie Bourdon: Thank you. Donald Horsley: The next speaker in support is Carl Eason, Esquire. Carl Eason: Good afternoon. Janice Anderson: Welcome. Carl Eason: My name is Carl Eason. I always enjoy following Eddie. We spoke before and I share 100 percent everything that he has said. I've been practicing for about 30 years, and I have seen homeowners end up in court. I represent homeowners currently in court over this kind of very thing. I do have a little bit of a twist on it, and I ask that you consider this however, and that is if that people come and there is a statutory exemption because they can't meet that side yard setback, one of the things that I think you need to consider is what is the jurisdiction? And by way of preamble, merely getting a variance doesn't give you a right to a pier. We all have to apply what is called a 404 Permit Application process, and that is trifle. We have to come to the City. We have to go to VMRC, and remember VMRC is the agency appointed by the State to regulate the State owned bottom land. State owned bottom land is typical that, which is channel ward, it doesn't mean the water line. Then we have the Corp. of Engineers. The Corp comes in and exercises, under the Clean Water Act, issues over navigational concerns, placing of boat docks, that kind of thing. Merely allowing a variance to allow a pier to be I I Item #14 City of Virginia Beach Page 4 constructed is a positive thing long overdue in this case. I personally believe, however, that to go further and to say we will allow it conditioned upon four feet in width. I think maybe VMRC may even allow us to go six feet in width. No covered structure for a boathouse t:tc. is going to put you potentially in conflict with the exercise of jurisdiction by VMRC. And, I think candidly, that it puts you in an awkward position of trying to exercise jurisdiction over State regulated bottom lands when we look at 28.2, and it says VMRC wit tell you. Now, adjacent homeowner is going to come up here and say that this is the most horrible thing. Mr. Eason is wrong. You have to limit it. Don't allow covered structures and gazebos, etc., allowing this exception is not the code of last resort. They may appear and file an objection before the Corp. of engineers. They may appear and file an objection with the VMRC and VMRC will have a hearing if objections are filed relative to boathouses and covered structures, etc. I got one case right now where somebody came in. It is not my client. It was a predecessor in title. So, off we go back in title. And a variance was granted by BZA. And certain conditions were imposed. Well you know what? If you do real estate practices and you go do a title search or you have a title (;Qmpany typically do it these days do a title search, and nobody in the standard care in the industry is going to go and find out, when did BZA grant this variance, and what conditions were attached? The City has been around for 56 years. The Planning Commission and BZA have been around that long, and so is there a place where I can go and check that out? No its' not. You think attorneys when they do real estate closings go check each and every BZA hearing to see if it affected that lot? No, they don't. So, I urge you first of all if we're going to allow this, index them somehow by a GPIIN number so we can find them in the future. But secondly, but exercise your jurisdiction only on Terra Ferma. And that means when you get to the mean low water line, then that is the end of your jurisdiction. And the Corp. of Engineer and the VMRC can regulate thereafter. And that is not to say that the adjacent owner still don't have the rights and the protections that are afforded them. But let me tell you something. Mr. Macali, Kay Wilson and Karen Lasley bringing this proposal, Eddie is right. It is long, long overdul~. It creates a discordinate results among citizens, depending upon where they happen to live and what neighborhoods the zoning may be. And, it really sort of defines the states statue that says as a riparian owner, I have a statutory right, not a privilege, a ~;tatutory right to exercise access to navigable water. So, I think what you need to do i~, the ordinance is good. I think the amendment, and the exemption needs to go through. I would urge however, to worry about where the placement of that pier occurs at the mean low water line. Let somebody else worry about what occurs thereafter. One query that you might in making that analysis stop and think. What if I have a client who may have an old variance that was granted 20 years and now you pass this exemption? Do those conditions still exist or not? I would respectfully submit not. Now let's Io.Jk at the cynical person who comes in and says, how, I got a lot and I don't have 20 feet on this side and 20 feet on this side because I live in Alanton. I'm going to take advantage of this exception. He builds a structure out there and all of a sudden a covered four feet wide etc complies. A month later he comes back. I want a covered structure. He makes an application to VMRC. Is he going to be right back in front of BZA? If that is the way it's going to occur, then changing this would have done nothing. Thank you. Janice Anderson: Are there any question of Mr. Eason? II I II III I Item #14 City of Virginia Beach Page 5 Carl Eason: And I do support it just in case it didn't sound like it. I do support it. Janice Anderson: I think what the purpose is and that I understand they were trying to get a right for property owners to build a pier. And anything that might be considered too decorative a pier, they would have to come to BZA. Carl Eason: Once they touch that mean low water, I think I have a state statutory right to have that pier and VMRC will tell me because it is state owned bottom of upon which I'm building, and I think they have right to regulate that. That's the only twist that I have on the proposal. Janice Anderson: But you wouldn't be unhappy if we passed it as it is? Carl Eason: I would be much happier would be the proper way of saying it. If you would exercise jurisdiction only on the land, meaning landward of mean low water. Janice Anderson: Okay. Thank you. Are there any other questions? Carl Eason: Thank you so much. Donald Horsley: Our next speaker in opposition is Dr. Steve Taubman. Janice Anderson: Welcome doctor. Steve Taubman: Thank you. My name is Steve Taubman and I live on the Eastern Branch of the Lynnhaven. I'm not a lawyer. I hate following the two guys in the front of me. I'm a foot doctor so I will do the best that I can. There are certain things that were just said that I want to point out. My main question is why is this ordinance even here? Karen Lasley just said and you all heard that 99 percent of variance requests for piers are approved. People are getting their variances. So, why do we need to change an ordinance if the system is already working? You notice that the two previous speakers are attorneys. They are not here on their own behalf. They represent clients. I assume that is how they make their living. My theory is that some of these clients, and I know my neighbor next door because I'm, currently involved in a lawsuit already has a variance. And with that variance he has a pier. The pier has been there for 15 years. The problem is that he wants to expand his pier. So, don't think that I'm trying to deny or say something that they shouldn't have water access. They should have access, and that is what the BZA does. The problem with the proposed ordinance is that it takes previous variances and expands their ability to expand their pier, which has already been denied by the BZA. In my own situation, my neighbor next door. There have been three neighbors. Two of them have been before the BZA. They were granted an initial variance. They have a pier that works very nicely. I have a picture of it if you would like to see it? It works fine. But they want to expand it. And they want to add a floating dock and they want to add a roof. They want to add everything that they can. I object to it because I live right on the property line. It is directly view of the Lesner Bridge for me. We built our house before this other house was built and we took advantage of the view. And this will directly affect our view, So, they have lost before the BZA on two separate occasions. I I Item #14 City of Viq;inia Beach Page 6 And now if you pass this ordinance, the whole ruling of the BZA goes away. They get what they wanted in the first place. That to me is not the purpose of bringing an ordinance. So people are getting their variance. Every situation is different. If you look at the Lynnhaven and you all know, there is not a straight line on it. The shoreline turns and twists. [t goes into a cove. It goes out of a cove. Every pier comes at a right angle or this angle. They cross. Every single one is individual. Every single one requires individual c.ttention from a body, such as the BZA. To make a blanket statement like the attorneys would like you to do, and say here is an ordinance. Anybody can do it. It totally relinquishes any rights of the adjacent property owner. I don't even have anybody to stand before and argue if you decide he wants to expand his pier further than it is. So, the whole c~ncept is so one sided towards the people who require who have less than the required setback now, and totally ignores the rights of the adjacent property owner. So, I don't even have anybody to argue to anymore. You take away that right if you pass this ordinance. On top of that, as Mr. Eason just pointed out, if you pass this ordinance and you say to hm only four feet wide and no roof, he can still come back to the BZA and ask for mon~. So, what is going to be accomplished by passing this ordinance? You know the Vlrginia Beach Waterfront is built. There is not a single waterfront property subdivision that I'm aware of that is being developed right now. 95 percent of the piers have already been built. Deals have already been made through the BZA. Sometimes if they needed their assistance, and everybody is happy. To my knowledge there are two problems in this entire city right now. I'm one of them with Board of Zoning Appeals and piers. Everybody else is happy. If you pass this ordinance people who have already made their deals ten twenty years ago with the BZA, this is what could be built. My neighbor isune and I'm okay with it. All of a sudden he is going to wake up one morning and see construction out there and their changing what he already agreed too. What does be do? He can't even go back to the Board of Zoning Appeals and say what did you do? You made a deal? What happened to the deal we made? So, the adjacent property owner is totally left out in the dark. He has nothing to say. And, to my mind this does more harm than good. In my situation, we're in a lawsuit over riparian rights. This is all stemmed by his lack of ability to expanding his pier, not about getting a pier. He already has a pier but the lack of ability to expand a pier by BZA. If you pass this ordinance he could do whatever he wants. He could build whatever he wanted that was turned down by the BZA. Mr. Eason spoke about the VMRC taking regulated bottom mean low water. If you read the VMRC and I think the city attorney has already read the VMRC regulations, the VMRC gives the right to local ordinance to predominate to what is built beyond mean low water. I don't have the code number but the City Attorney's do have that code number. I can get it for you if you like? The way this ordinance is written it says four feet wide and no roof structures. The way it is written now there is nothing to stop somebody from saying oaky, four feet wide no roof but I I can build a "L" at the end of my pier OJ I can build a "T" at the end of my pier or I'm going to put a float at the end of my pier. That is not addressed. Just as Mr. Eason pointed out, if you don't address every possible alternation of the pier the VMRC regulations will predominate and even though it says four feet wide and no pier, they can still put a "L" at the end, which goes beyond the setback. They could put a "T" at the end. They could put a floating dock at the end. The way this is written today, the way this ordinance is written today is incomplete because it does not cover the possibility. The VMRC regulations would predominate unless the ordinance specifically states no "L" or "T" four feet wide, only II I II III I Item #14 City of Virginia Beach Page 7 long enough to access water and that is it. Put a lip at the end. Not on the right and not on the left. So, I think this has the potential to do a lot more harm than good. I think it will produce a lot of business for lawyers. I think there is going to be a lot oflawsuits filed over this, and the reason why there are not a lot more people here now is because no one knows what is happening. I asked the Planning staff why aren't people being told that this ordinance is out there? It's the waterfront property owners who it is going to affect. The answer is we send notice to civic leagues. Well, I have a civic league and I never heard a word. My civic league hasn't met in ten years. So, that is the way it is in this city. If you put an ad in the paper and you advertise that you're doing this, who reads this little print in the paper? People aren't here because people don't know about it. People are going to find out about it and nobody is going to be happy about it except for the two individuals that I know that are represented by attorneys who want to promote this ordinance. I obviously hope you will not approve this thing. What I must point out is that every single situation on the water is different because the coastline is different. It turns and twists. Every pier. If you're in a cove like this and everybody has 30 feet, everybody has the same and sure everybody wants to cooperate with each other. Everybody wants a pier and I don't deny that. But do you really need to put the pier right in front of where I am going to live? Do you need to put the pier if I'm going this way and you're going that way we can intercept, isn't it better to take each individual situation and set of circumstances before a board, such as the BZA, who has done a good job. You know there was one lawsuit filed against the BZA, and that has been mitigated by the recent state legislation passed on July 1, 2009 that gives the BZA the right to grant variances. No one is denying them the right to do variances. Why is this ordinance here? My feeling is that it is here because certain individuals in the city cannot get what they want through the BZA and the only way they are going to get it is to pass this ordinance. It is going to help two people and everybody else is going to be left out in the cold because we have no place to argue now for the case. Janice Anderson: Are there any questions for Dr. Taubman? Thank you sir. Steve Taubman: Thank you very much. Donald Horsley: The next speaker in opposition is the representative of Pender and Coward. Jay Dale Bimson: Good afternoon Madame Chairman. Janice Anderson: Welcome Mr. Benson. Jay Dale Bimson: We do want to call your attention to this plat that we have. Ed Weeden: State your name for the record Jay Dale Bimson: My name is Jay Dale Bimson. I am of counsel to Pender and Coward. Number one, I would like to say that I do represent Capt. and Mrs. R.J. Kerrigan, who are in the audience with us here today. And I would ask them to stand. Number one to be recognized and also to take a break from sitting down for a long time. I also would like I I Item #14 City of Virginia Beach Page 8 to pass out an email from another resident in the area, Mr. Gardner and he states his position velY well in the email.I.llmakethatavailabletoyou.Andthirdly.this chart which my associate here will pass around, Mr. Holcomb, to indicate the Pandora's box that may be opened up if this ordinance concerning the BZA is done away with. My clients are opposed to this zoning amendment that allows a pier to be built as a matter of right without them obtaining a variance from the BZA. As was the previous city policy, and we submit it was good then and it should be good now. It is our position that allowing as a matter of right that the party has no requirement to show a hardship exists, would not be a good situation. A recent decision by the Circuit Court, Gardner v. BZA, and Mr. Gardner in that letter was a party to this action, and the applicant was Kim Chun. In the letter of opinion dated November 20, Judge O'Brian cites a principal that the Supreme Court recently affirmed that variances are not to be routinely granted. A variance may only be granted when application of the zoning ordinance interferes with all reasonable beneficiary uses of the property taken as a whole. These property owners do have a use en the property. I would submit for the reason set forth in Judge O'Brian's opinion, and I'll be glad to make those available to you, if you so desire, that the proposed ordinance fails to meet the requirement of good zoning legislation. It has been good in theoast and it still serves a purpose here today. As set forth in Judge O'Brian's opinion, at least five other lots of similar shape in the neighborhood of this category, and I'll ask Mr. Holcomb ifhe will point those out to you to speed it up as much as possible. Mr. Holcomb: This picture just depicts and he wouldn't know unless you knew what to look for. SOli of the wild shape of these flag shaped lots in this particular neighborhood. These lots up here are connected to the water. I don't know ifit's navigable or not but some of them are several hundred feet long, flag shaped lots. This one here and then here. This one is really off. This one might be 1000 feet long. So, this was a small flagged shaped lot. To allow a pier as a matter of right, that is a lot of pier. That is a lot of people here that are directly affected by that action. That is something to observe. Thank you. Jay Dale Birnson: If you like Madame Chairman, I'll give a moment for that to be passed around if YO'J so desire before I continue. Janice Andecson: You can go ahead and continue and let them look at it. Jay Dale Bimson: Ladies and gentlemen of the Planning Commission, I would submit to you that it is bad legislation the proposal they have submitted to you today in the form of this ordinance. And submitted on that plat it will open up Pandora's box of litigation among property owners that are on the water and want to construct piers. For our clients and for other residents in the area who are not here, the five that I mentioned, we ask that you forward your recommendation to the City Council for denial of this ordinance. I'll be glad to re:,pond to any questions that you may have. Janice Anderson: Are there any questions for Mr. Bimson? Yes. Ronald Riplt::y: Just a question. On Judge O'Brian's ruling, is there a change to that in the General Assembly just recently? II I II III I Item #14 City of Virginia Beach Page 9 Jay Dale Bimson: I believe they did make a change. I'm not sure of the wording and it had something to do with the hardship involved and maybe Mr. Bourdon could address it more clearly but there has been some change. It says hardship amounts to confiscation of the property. And I believe that was changed but I'm sure Mr. Bourdon can address it more clearly. Bill Macali: Let me address this. I do work for the city. Janice Anderson: I was going to get Kay to do it but since you volunteered, there you go. Bill Macali: I'll have some other responses to some of the things that have been said but the General Assembly passed an amendment to the statute which deleted language saying that the variance had to be based upon a "hardship approaching confiscation". The words "approach confiscation" were deleted. That is all that happened. This ordinance really truly wasn't brought forward as a result of any kind of change in the General Assembly or court case or anything like that or for any reason other than what Ms. Lasley stated to you. I can truly guarantee that. It has nothing to do with two people who didn't get their way or something like that as has been said. It was just because of what she said. Now, somebody is making an issue of the General Assembly legislation. The law under the old code, which required a hardship approaching confiscation, was that if someone had a reasonable use of his or her property, a variance was inappropriate. Having a single family house on the water, etc, is pretty much a reasonable use of the property, and the court applying the law strictly would be constrained to find that there is no right to a pier at all. The General Assembly deleting the words "approaching confiscation" has added some kind of question as to what the ordinance does mean now since a hardship doesn't have to "approach confiscation", what is the standard? That is why this is such a red herring. It really has nothing whatsoever to do with the reason why we're bringing forward this particular amendment. The General Assembly actually raises as many questions as it answers to be quite honest with you And it really should not play any part in the Commission's deliberations in this matter. There is, as Mr. Bourdon pointed out and the staff has been well aware of since this started being thrown around in terms of an idea, there is a statutory and a common law right for a riparian owner to what is called a "warf out" for having a pier that goes to navigable water so long as it doesn't interfere with anyone else's rights, so I'm not sure if! answered the question. It is not a question that really should be answered because frankly, the General Assembly legislation and the BZA interplay really is not the reason at all this was brought forward. Jay Dale Bimson; I don't think we disagree. Janice Anderson: Okay. Mr. Bimson with that picture, he showed these long strips of land that go out and the property is actually on the road and you have these long strips of land that come out to the water. I guess their concern is that they could actually build a pier from the land all the way out. Bill Macali: That is the main thing that I really need dispelled. Janice Anderson: Okay. I I Item #14 City of Virginia Beach Page 10 Bill Macali: this ordinance does not give anybody the right to build a pier. It simply does not matter what anyone else will tell you. The Virginia Marine Resources Commission has to be the people to give you the right to build the pier. The City has absolutely no right to say you can build a pier into the submerged lands, as they call it, the area secward of mean low water. Only VMRC can do that. The only thing that this ordinance does is say that, assuming that you can get VMRC's permission, and assuming that your pier does not interfere with anybody else's rights, and that's something that VMRC can decide, and that a court can decide if you have no other place on your property that you can get out to the navigable waters and still meet the setbacks, you can build your pier four feet wide within the setback. But you can't have any kind of structure other than an uncovered boat lift. The VMRC does have jurisdiction over the area seaward of mean low water, but as Dr. Taubman pointed out, the City, according the statute that ;;ontroIs VMRC's action, has the right to determine what structure, if any can go on that pier. Ms. Wilson will be happy to read you the actual VMRC Guidelines for that and there is really no issue about that. This ordinance does not allow anyone to build a pier who could not build a pier. The VMRC retains complete jurisdiction over that. The only thlng this does is allow people who can get their permit from VMRC to have the pier itself, no greater than four feet wide and with nothing else but an uncovered boatlift within the setback. If they have the room and they can meet the setbacks this ordinance simply does not apply. Janice Andc;:rson: Mr. Bimson, you want the local government. Jay Dale BiJTISon: Yes, because the setback is still a factor. And they are constructed in the setback, that is why it now goes to the BZA. Janice Anderson: Okay. Are there any other questions? Al Henley: I do. Janice Anderson: Yes. Al Henley: The area that your associate pointed out earlier looks like over a 1000 lineal footage. It appears to be on an easement or a 25-foot stem assuming what the scale is, is that easement or right-of-way or whatever that is, is that navigable or is there water access to get to the main body of water? Jay Dale Birnson: I think I can get it right. There was an application made for dredging there. The dredging was withdrawn so it is now tidal water, and that even complicates the problem more because you have to go out with the tide and come back with the tide. Al Henley: :~o, it is accessible but it is limited as to the craft that you use? Jay Dale Benson: No. It's limited to the time of day that you can take that craft out there. Janice Anderson: There is water there or not. II I II III I Item #14 City of Virginia Beach Page 11 Jay Dale Benson: Right. Al Henley: I have a question B and it would be to Bill Macali. On this State code 62.1- 164 where it says that any person owning land upon a water course may erect a private moor or pier. Can you explain that because the way I understood you Bill earlier is that you said if you own waterfront property you do not have the right to build a pier? Bill Macali: Yes. You do have the right to build a pier but when you build it on what are called "new coast submerged lands", which is lands seaward of mean low water, you need VMRC's permission. That is it in a nutshell. I guess you can build a pier up to submerged lands without VMRC. That means you won't be able to get your boat in most of the time or part of the time but you do have the statutory right as you mentioned to build a pier to reach the water. It is just that you need VMRC's permission and VMRC has also said that if a locality wants it can restrict the structures which go on that pier. So, that is what we are doing. Saying that a plain old boat lift is about all you can build out there. And the reason we did this is because we were certainly mindful of not wanting to have people have free reign to build huge boathouses and really some of the concerns that have been expressed to you were not lost, but we don't feel that it is inappropriate to allow an uncovered boat lift on a pier. And again, you do need VMRC's permission for the pier to begin with so it is not like you're opening Pandora's box or allowing an unlimited number of piers or anything close to that. Al Henley: Thank you for explaining because I was questioning you. You cleared that up Bill Macali: I hope it was adequate. Al Henley: Thank you Bill. Janice Anderson: Ron, do you have a question? Ronald Ripley: I have a question of Bill also. Janice Anderson: Are there anymore questions of Mr. Bimson? Thank you sir. Ronald Ripley: Bill, in the process of the filing for a pier, there is an application, survey, there is notice to all the neighbors. VMRC meets and decides the merits of the request. Bill Macali: Right. Ronald Ripley: And that is the public process. Bill Macali: Right. The adjacent property owners are notified. And if one objects VMRC will have a hearing on it. Ronald Ripley: So the public is not denied any rights by virtue of this ordinance? Bill Macali: They don't give notice to everybody in the city but they do give the notice to adjacent property owners. I I Item #14 City of Virginia Beach Page 12 Ronald Ripley: Surrounding property owners? Bill Macah: Right. Yes sir. Ronald Ripley: Thank you. Janice Anderson: Yes. David Redmond: I have another question for Bill. Mr. Macali, we're learning a lot all at once so bear with me. What about the scenario that Dr. Taubman illustrated. Now suppose this passes to build a pier within the setback, then later on you go to the BZA and try to build the very structures that we're trying to restrict at a later date? Is that possible? Bill Macali, Yes. Nothing says that someone cannot ask the BZA for a greater setback or a larger pier, but VMRC are the folks that decide what's built on the pier. The Board is not going to be able to let someone build a structure other than a boathouse on the pier because that's not something that the BZA, we feel, have jurisdiction of, only the setbacks. We say you can't have anything but an open, and I said boat house I mean boatlift, the Board cannot grant a use variance to that anymore than it can say you can have a single family dwelling on a business zoned lot or something like that. If you have a variance that exists now 20 years ago, you can, if you want. Let me back up a little bit. If your vari,mce is to allow your pier in a setback, you can get rid of that pier and build a pier in the s,~tback under this ordinance but for the fact that since you already have a pier you really don't need the new pier to be built because again, this ordinance says it is only when you cannot get out to the navigable water any other way that you're entitled to go under this o:~dinance. If you already have a pier by a prior variance then obviously you don't need to go under this ordinance to get out to the water because you are already out to the water David Redmond: I understood that this morning. And I appreciate that. So, when you say if you can't do it any other way, you can't do without going into the setbacks, you say that is what the ordinance says. I really don't read that. What I read is the two words "if necessary". Are those the two words that you say, say that? Is that what you mean? Bill Macali: Yes. David Redmond: Okay. Bill Macali: It means if there is no other place that you can get to navigable water from. David Redmond: Okay. Thank you. Janice Anderson: I think we have one more speaker. Donald Horsley: We have one more speaker. Robert Kerrigan. II I II III I Item #14 City of Virginia Beach Page 13 Janice Anderson: You thought we forgot you didn't you? Robert Kerrigan: My name is Robert Kerrigan. I'm retired Navy Captain. I have lived here for 32 years. I have lived in my current house for about 11 years. My neighbor wanted to build a pier and he was granted a variance, which was appealed. He went ahead and built the pier and the boathouse while the variance was under appeal. The variance he requested has been overruled by a judge. I just want to tell you what he built out there absolutely ruined my view of the Lynnhaven. It ruined my view of the wetlands going out to the Lynnhaven. I just want to show it to you on the chart over here. Janice Anderson: Can you come back to the microphone sir? Robert Kerrigan: He built a 400 foot pier there out there which you can see. Janice Anderson: Where are you sir? Robert Kerrigan: My house is right here. And I'm looking out to the Lynnhaven here or was before he built that pier on the house. Now, as I say, his variance has been overruled. We really need to very, very careful about permitting people to build anything they want too. I think it should be looked at very hard, and I think that the proposed ordinance would make it far too easy for people to build whatever they happen to have. Thank you very much for your attention. Janice Anderson: Thank you Mr. Kerrigan. Would you like to pass that around and get them so the Commissioners can look at them? We'll just pass them around so they can look directly at that. Robert Kerrigan: Thank you very much. Janice Anderson: Thank you sir. Are there any questions of Mr. Kerrigan? Donald Horsley: There are no other speakers. Janice Anderson: Thank you. Kay, since we have you, can I bring you up? I think Bill has answered a lot of our questions on this. I guess that the Commissioners are concerned about a couple of things. If you have the area, like if you have larger waterfront frontage, can you place that pier anywhere you want? Can you place it right next to your property line? ----..i Kay Wilson: No. The only way you can use the exception to the setback is if it is necessary. Janice Anderson: Ifit is necessary. Kay Wilson: If it is the only way you can access the water you can't do it if you have 300 feet and the water comes right to your bulkhead all the way. I I Item #14 City of Virginia Beach Page 14 Janice Anderson: Okay. So you can't put it right on our property line. Kay Wilson: No. To irritate your neighbor? No. Janice Anderson: The second thing is public comment. And piers, they can be an issue and I think everybody here recognizes that. Like Ron brought up with Bill, the VMRC process, is that similar to our variance process, where an application is filled out? They show exactly where the pier is. The adjoining property owners get notice? Can you explain that a little bit more? Kay Wilson: I don't know the specifics because we don't do it. What I can tell you is that they do have to fill out a Joint Permit Application. They do have to fill out the application. Whether or not notice is given to adjoining property owners, I believe it is. I can't guarantee you that. I do know that the State's statute says ifthere is any opposition that it will go to a full board hearing. These are normally done administratively because there are sp1ecific criteria in the statue and in order to meet the VMRC requirements you have to comply. Okay. And once you comply with those, VMRC is normally fine with that. Janice Andt:rson: VMRC actually looks at what's around? What piers are there? Kay Wilson: They look at what piers are there. The Corp of Engineers is also involved in the joint permit application process. They check for navigation; is the navigational right? And if there are arguments between the neighbors, say in a cove mainly is where this occurs, they do have the right to go to Circuit Court and have their riparian rights, their right to the water, apportioned by the Circuit Court. And that is what many of them do and then they know where their piers can go and where everybody's pier can go. So, they will go and do that and have that set by order. Janice Anderson: Another issue I hear is that they have an adequate pier and now they want it three times longer. VMRC rules on that? Kay Wilson Yes ma' am. Anything past mean low water is really a determination for VMRC. Zoning goes out to mean low water and then the state owns the bottom and they get to make the rules. The only exception is specifically in the State there is an exception for structure~. The structures on the pier, iflocal ordinance prohibits them, then they will go along with that. Janice Anderson: Okay. Just because they have an existing pier that gets them out to, I guess deep enough water, but they want to go a little further. Kay Wilson: That is not with the city. The city has no right to say no. It has no ability to stop that. Janice Anderson: But before when they went to the Board of Zoning, they did? No? Kay Wilson: No. II II III I Item #14 City of Virginia Beach Page 15 Janice Anderson: Okay. Kay Wilson: Occasionally, many years ago, there are agreements that were done between the neighbors many years ago and they would be part of the BZA process. But the BZA has no right to govern anything that occurs past mean low water. If somebody comes to the BZA now for a pier and it is in the setbacks so they need a BZA variance, and they come to the BZA, the BZA can't tell them, "No you can't put a structure on it,", because it is not allowed by ordinance. So, actually to go through the BZA process, you can actually get structures on the piers. David Redmond: I'm sorry can you say that again? You lost me a little bit. I'm trying to follow it. Kay Wilson: The only way we can prohibit structures on a pier is by local ordinance. A BZA variance would not be a local ordinance so the BZA couldn't say you couldn't put structures on that pier. It would be governed by whatever the rules are for VMRC. David Redmond: Okay. Kay Wilson: They allow them to a certain extent. David Redmond: I thought I understood Dr. Taubman to say that was BZA. Was he mistaken? Kay Wilson: Yes sir. David Redmond: Okay. Thank you? Steve Taubman: Can I answer that Janice Anderson: No sir. Are there any other questions for Ms. Wilson? Bill Macali: Madame Chair. You just need to know that the difference between this ordinance and the pier that is in the setback is the city has said you can't build anything but a boatlift when it is in the setback. But if it is not within the setback, the BZA has absolutely nothing whatsoever to do with that. It is entirely up to VMRC. The reason we did that is because they are in the setback and they are closer to people's property. We don't think that people should be able to build great big boat lifts right next to somebody's property. Janice Anderson: Gotcha. Jay. Jay Bernas: I have an easy one. Much like Commissioner Redmond, reading through it, I didn't catch the "if necessary". Is there another way to word it? Bill Macali: Is says if necessary to access navigable water. , I Item #14 City of Virginia Beach Page 16 Jay Bernas: Is there any other way? I don't know if that is legal terminology. Bill Macah: If necessary to access navigable water. Pretty much that is what it says. Jay Bernas: Okay. Bill Macali: If you want us to rephrase that, we can. Janice Anderson: It is evidently clear to Bill. Jay Bernas: Okay, if there is no other way. Kay Wilson: That determination will be made by the Zoning Administrator. Ms. Lasley would decide when these applications come in whether or not it was necessary and they would have the mean low water/mean high water on the site plans and things of that nature so she can make that determination. Honestly we thought about doing a set number but each lot is a little different so that was a little more difficult. We thought Ms. Lasley had the discretion to do that and would be able to say if it is necessary. David Rednond: Apparently she is brighter than we are. Janice Anderson: Are there any of questions of Kay? Thank you. Kay Wilson: Thank you. Janice Ande:rson: I'll open it up for discussion. Anyone? Ron? Ronald Ripley: I think when I hear that the Zoning Administrator brings an issue before the Planning Commission that is a reoccurring problem that they are always having to correct, spend the public's money, the public time and everybody involved, that this will correct and it sounds like it does to me. It sounds like it is a practical solution. And the public still has the benefit ofVMRC, and if there is an issue there, they can object. I know when I received a permit for my pier, letters were sent out to all the different adjacent property owners. Fortunately no one objected but if somebody would have objected, I would have had a public hearing and had to explain it, and demonstrate that is necessary, quite frankly. But I'm in favor of the ordinance as written. I will make a motion when I get to that point. Janice Anderson: Thank you. Are there other comments? I'm in agreement with you because I really think this ordinance, just as they try to hammer into our heads, which I think we all got now, is only when they don't have the footage. It's just connecting to the land part. Whatever happens in the water is going to be VMRC anyway, which the public will have a comment on. So, is there any motion? Ronald Ripky: A motion to approve. Janice Ande~son: A motion by Ron and a second by Kathy Katsias. II I II i III I Item #14 City of Virginia Beach Page 17 AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved an ordinance for setbacks for piers. II I II III I O. APPOINTMENTS AGRICULTURAL ADVISORY COMMITTEE BA YFRONT ADVISORY COMMITTEE BOARD OF ZONING APPEALS - BZA HAMPTON ROADS ECONOMIC ALLIANCE - HREDA HEALTH SERVICES BOARD WORKFORCE HOUSING ADVISORY BOARD II I II III I P. UNFINISHED BUSINESS II III Q. NEW BUSINESS R. ADJOURNMENT COMMUNITY SUMMIT MONDAY, OCTOBER 5,2009 6:00 - 8:30 PM CONVENTION CENTER - ROOMS 5-A,B,C CITY COUNCIL REVIEW OF COMMUNITY SUMMIT THURSDA Y, OCTOBER 6,2009 8:30 AM CONVENTION CENTER - ROOMS 4-D,E Thursday, November 12th ANNUAL JOINT MEETING General Assembly, City Council and School Board *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 8125/09afb www,vbgov,com II III CITY OF VIRGINIA BEACH SUMMARYOFCOUNCUACnONS V I DATE: 08/1112009 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 VA CITY COUNCIL BRIEFING: HEALTH CARE CLAIMS AUDIT Lyndon Remias, Auditor iliA CITY MANAGER'S BRIEFINGS: BEACH CENTER PROJECT Barry Frankenfield, SGA Manager IIIIlV N NI CERTIFICATION OF CLOSED CERTIFIED 8-0 Y A A Y Y Y Y Y Y A Y -E SESSION B S T A I N E D F MINUTES - July 14, 2009 APPROVED 7-0 Y A A Y Y Y Y Y A Y A. B B S S T T A A. I I N 1\1 E E D D Special Formal/Closed Sessions - ADDEDI 9-0 Y A A Y Y Y Y Y Y Y y August 3, 2009 APPROVED GIH PUBLIC HEARINGS: 1. AMEND FY2009-IO CIP No Speakers Additional funding for various site acquisitions 2, AMEND CITY CODE ~36-172 No Speakers Hourly Rate of Waiting Time re: taxi cabs 3 INSTALLMENT PURCHASE No Speakers AGREEMENT Acquisition (ARP) Easement at 448 Princess Anne Road 4, LEASE OF CITY PROPERTIES No Speakers a, Rudee Inlet Parcel b, 1400 Laskin Road , , CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/11/2009 L PAGE: 2 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D If 1. I. I. Ordinances re City Code: ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y CONSENT a, ADD *21-600 re: Highway Medians b, AMEND SI-12 re: f,~es for High Constable's Servicl' of Process 2 Ordinances to TAX EXI:MPT certain ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y organizations: CONSENT a, From ReallPersonal P"operty Taxes: I. Mercy Medical Airlift 2, V A Baptist Children's Homel Family Services b, From Personal Property Taxes: 1. Faith Works Coalition 2, National Alliance '>0 Mental Illness (NAMI) 3, Recovery for the City International 4, Tidewater Memonal Bicycle Park Fund, Inc, , 5 Virginia Wild Hor:;e Rescue 3. Resolution to DIRECT City Manager re: ADOPTED 5-4 Y A A N Y Y Y Y N N N the City's Health Care Offering for Year 2010 4 Resolution to AUTHORIlE a (MOU) ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y between the Cityl ParkslRec Foundation CONSENT re: support of the mission of ParkslRec 5 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y former Circuit City prop~rty/AMEND CONSENT FY2009-1O Capital Budget! APPROPRIA TE $5,05 -Million for purchase DISTRICT 5 - LYNNHA VEN 6 Ordinances to AUTHORIZE Leases: ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y CONSENT a, land at Rudee Inlet I Coast Gnard) b, temporary residence to John Charalambous at 1400 Lllskin Road 7 Ordinance to AUTHORIZE (ARP) ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y Easement for Spence prope rty at 448 CONSENT Princess Anne Road. DISTRICT 7 - PRINCESS ANNE 8 Ordinance to AUTHORIZE ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y Encroachments into portion of City owned CONSENT property at 2401 Broad Ba y Road for William George Bachsmith DISTRICT 5 - L YNNHA VEN II III I CITY OF VIRGINIA BEACH SUMMAR Y OF COUNCIL ACTIONS V 1 DATE: 08/11/2009 L PAGE: 3 D S L E D H E A W AGENDA D S 1 E J S V 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 1 V 0 0 S H L R Y S S N A N D 9, Ordinance to ACCEPT/ APPROPRIA TE ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y $88 I ,256 the Edward Byrne Justice CONSENT Assistance Grant from US Justice re: Public Safety/Criminal Processing: a, $282,636 to Police b, $203,000 to Sheriff's c, $184,800 to Commonwealth's Attorney d, $88,864 to Youth Opportunities Office e, $58,331 to Community Corrections f $46,000 to Circuit Court g, $17,625 to Court Services Unit 10, Ordinance to ACCEPT/APPROPRIA TE ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y a $100,000 Grant from U,S, Homeland CONSENT Security to Fire re: Tidewater Regional Technical Rescue Team 11. Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y a $124,100 Grant from V,S, Homeland CONSENT Security to (EMS) re: "Tough Book 19" computers for Volunteer Rescue Squads 12 Ordinance to ACCEPT/APPROPRIATE ADQPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y $1,200,400 from U,S, Criminal Justice CONSENT Services thru Homeland Security Grant to Police re: terrorism \3, Ordinance to ACCEPT/APPROPRIA TE ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y a $18,750 Grant from U,S. Homeland CONSENT Security to Fire re: Soutbside Regional Haz-Mat Team, 14, Ordinance re (EMS) (RSAF) State Grant: ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y CONSENT a, ACCEPT/ APPROPRIA TE $152,680 to (EMS) re: purchase of defibrillators/suction unit b TRANSFER $\35,638 re: (EMS) local match c, TRANSFER $17,042 re: Fire local match I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/11/2009 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 15, Ordinance to TRANSF ER $650,000 from ADOPTED, BY 9-0 Y A A Y Y Y Y Y Y Y Y Fire Training Center - Phase III to Fire re: CONSENT protective turnout gea r. K-I BROOKS/DARCEL STEPHAN APPROVED/ 9-0 Y A A Y Y Y Y Y Y Y Y Subdivision Variance re (2) existing lots CONDITIONED, into (3) at 3040/3052 Li'tle Haven Road, BY CONSENT DISTRICT 5 - L YNNHA VEN 2 1000 NORTH GREAT NECK ROAD APPROVED/ 8-1 Y A A Y N Y Y Y Y Y Y LLC Modification of Condition No, ] MODlFIED/ (approved October ]4,2003, re: VA ADDED 2 Beach Christian Life Center) at N, CONDITIONS Great Neck Road/Old Donation RE: LOCA TlON/ Parkway, LANDSCAPE DISTRICT 5 - L YNNHA VEN ...-J.' 3 OCEANA CHURCH OF APPROVED/ 9-0 Y A A Y Y Y Y Y Y Y Y CHRIST/MONARCH PROPERTIES, CONDlT]ONED, INC, CUP re: church at 1789 London BY CONSENT Bridge Road DISTRICT 6 - BEACH 4 NEPTUNE FITNESS/MOUNTAIN APROVED/ 9-0 Y A A Y Y Y Y Y Y Y Y VENTURES, LLC, CU~ re: an indoor CONDITIONED, recreational facility (gym) at 3352 Princess BY CONSENT Anne Road, Suite 905, [)ISTRICT 7 - PRINCESS ANNE 5 ENDEA VOR ENTERPRISES, L.L,C, DEFERRED 9-0 Y A A Y Y Y Y Y Y Y Y COZ from AG-l/ -2 Aglicu]tural to INDEFINITELY, Conditional B-IA/P-I a Chestnut Oak BY CONSENT Way (deferred July 14,2009), DISTRICT 7 - PRINCESS ANNE 6 Ordinance to ESTABLI5iH (CZO) DEFERRED 9-0 Y A A Y Y Y Y Y Y Y Y regulations re: wind energy systems INDEFINITELY, BY CONSENT M APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U , AGRICULTURAL ADVISORY BOARDBOARD OF ZO~ING APPEALS HEALTH SERVICES BOARD REGIONAL TASK FORCE BA YFRONT ADVISOR" COMMITTEE Appointed 3 year 9-0 Y A A Y Y Y Y Y Y Y Y term - 07/0] 12009 - 06/30/2012 Katherine K. Katsis and David S. Redmond. Planning Commission Louis R. Jones and James L. I! II III I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/11/2009 L --- PAGE: 5 -=--.-.. D S L - E D H E A W AGENDA - -- ----,- -f) ~:- 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 Wood, City Council COMMUNITY MEDICAL ADVISORY Reappointed 5 9-0 Y A A Y Y Y y Y Y Y Y COMMISSION year term - 09/01/2009 - 08/31/2014 Richard H. Kline and Dr. Mitchell B. Miller PARKS AND RECREATION Reappointed 3 9-0 Y A A Y Y Y Y Y Y Y Y COMMISSION year term - 09/0112009 - 08/31/2012 Robert Barnaby, David P. Bartholomew, Joel B. Fink and Tommy J. Johnson PUBLIC LIBRARY BOARD Reappointed 3 9-0 Y A A Y Y Y Y Y Y Y Y year term - 09/0112009 - 08/3112012 Merrilu P. Ablowich, R. Patrick Deans, Alice Flowers. Mary D, McGovern, Ernestine Middleton and Nancy Parker Appointed unexpired thru 08/31/2010, plus one year: 09/01/2010- 08/31/2013 Michelle Miller REVIEW AND ALLOCATION (COG) Reappointed 3 9-0 Y A A Y Y Y Y Y Y Y Y year term - 09/0112009 - 08/31/2012 Angela S. Kellam WETLANDS BOARD Reappointed 5 9-0 Y A A Y Y Y Y Y Y Y Y year term - 10/01/2009 - 09/30/2014 Nils S. Bahringer I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 08/1112009 L PAGE: 6 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 WORKFORCE HOUSn-lG ADVISORY Reappointed 4 9-0 Y A A Y y Y Y Y y Y y BOARD year tenn - 10/0112009 - 09/30/2013 Stephen J. White, Planning Council and WilliamW. White, Citizen At Large N/OIP ADJOURNMENT 7:06 PM PUBLIC COMMENTS ONE SPEAKER Non-Agenda Items 7:06-7:09 PM COUNCIL SCHEDULE FOR AUGUST Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDA Y, AUGUST UTII Virginia Beach Convention Center Purpose: 2010 General Assembly Legislative Ageuda Thursday, November 12'h ANNUAL JOINT MEETING General Assembly, City Couucil aud School Board Summary 8/11/09afb www.vbgO\.com